Interpretation of hunting hours

[bubba]

they will be coyote hunting lol

[Lawdwaz]

umm if your gun is unloaded, you are not hunting. The intent (Yup there is that word again) is with the loaded gun or an arrow nocked.

Soooooo, now I don't need a cable lock on my compound bow? Just not have a arrow nocked? Cool.

Another twist.......

[bubba]

not really if you took the time to go back and read what I typed in the first place not just pick out the parts you choose to use to attack. way before you told me to teach in class cuz no one does any of this anyway. Read first attack later.

Edited October 23, 2012 by bubba

[Lawdwaz]

not really if you took the time to go back and read what I typed in the first place not just pick out the parts you choose to use to attack. way before you told me to teach in class cuz no one does any of this anyway. Read first attack later.

Only thing I remember is that you said to either unstring a recurve/longbow or put a cable lock on a compound.

Please point me in the direction of your post that changed that.

(your position changes so fast it is hard to keep up but I think I'm correct at this point....)

[bubba]

oops i misread your post my bad. But you can do anything you want to do to include shooting deer at midnight. See it truly does not matter to me. And by the way I said padlock not cable lock. If you want to keep flaming the fire, you should at least use the correct terminology (that means words)

[jjb4900]

Here's another scenario for you guy's to debate.......a hunter (or any other person), while driving around, is stopped by an L.E.O ., he's found to have an unloaded rifle on the front seat with the loaded clip lying right next to it, all easily within his reach.....can he be ticketed for possessing a loaded firearm in a motor vehicle?

[d-bone20917]

No.

[Culvercreek hunt club]

If you want to go by the letter of the law it says a firearm must be unloaded in the magazine. So if it is the same Encon office that defines hunting after hours by haing a loaded gun walking out and you end up in front of a JP like Bubba, you probably are screwed.

[jjb4900]

OK, let's remove the magazine part and say the ammo is well within your reach and would take little effort to load it into the gun, now what?

[Culvercreek hunt club]

you can have 4,000 rounds filling the console between the drivers seat and the passengers seat and you are legal.

[growalot]

I borrowed a car ...in my youth and my self and 3 friends went t Micky D's in Geneseo...going home a state trooper started following us...and as we left town he pulled me over...long and short...there was an unloaded rifle in the back window....none of us noticed ....next thing I know I'm out of the car friends are ordered to stand on the side of road...he retrieves the rifle and begins yelling at me...That it didn't matter it wasn't mine or the car was borrowed...that the gun was unload...by the way he searched the car and found nothing...THANK GOD...and no bullets...searched the trunk as well..

Took the firing pin out and said it had to have the firing pin removed to trans port...Well...the car owners dinner was cold and I have NEVER borrowed another persons vehicle since....God only knows what COULD have been in that trunk...lol

[jjb4900]

In most situations yes, but put that same guy with just a few rounds driving around slowly during hunting season up and down the side roads obviously road hunting and I guarantee he'll be ticketed........and it'll more than likely be upheld in court........kinda like the drunk who's not observed driving but found sleeping in a parking lot with the key's in the ignition, found guilty every time.

Edited October 23, 2012 by jjb4900

[Nomad]

If you're coming out of the woods after legal shooting hours during deer season, with a loaded gun, you have a lot of explaining to do if a DEC officer spots you. Why would you want to put yourself in that position.

No I don't as I said earlier the guy who patrols my area called me the other morning and I asked him.

He said one can have a loaded gun in the woods at 2AM and untill you shoot at a deer there is nothing he can do, thats good enough for me.All the "i thinks", " my friends cousins brothers neighbor said" hold little water.

We're going to meet up tomorrow after I hunt, but I see little need to bring it up again.

I'm not a cop I scored higher on the test so i got hired by the FD. Part of my job is doing building inspections, there area plenty of Lt.s and Capt.s who write up violations that are just plain wrong they don't understand the code and they write a violation when they should not , then there are the guys who go take the full codes classes , they come back and go through 2 pens a day, I see no reason why it would be any differant with cops. .

[WNYBuckHunter]

I borrowed a car ...in my youth and my self and 3 friends went t Micky D's in Geneseo...going home a state trooper started following us...and as we left town he pulled me over...long and short...there was an unloaded rifle in the back window....none of us noticed ....next thing I know I'm out of the car friends are ordered to stand on the side of road...he retrieves the rifle and begins yelling at me...That it didn't matter it wasn't mine or the car was borrowed...that the gun was unload...by the way he searched the car and found nothing...THANK GOD...and no bullets...searched the trunk as well..

Took the firing pin out and said it had to have the firing pin removed to trans port...Well...the car owners dinner was cold and I have NEVER borrowed another persons vehicle since....God only knows what COULD have been in that trunk...lol

Sounds like an overzealous trooper trying to scare some kids. There is no law saying the firing pin needs to be removed.

[WNYBuckHunter]

In most situations yes, but put that same guy with just a few rounds driving around slowly during hunting season up and down the side roads obviously road hunting and I guarantee he'll be ticketed........and it'll more than likely be upheld in court........kinda like the drunk who's not observed driving but found sleeping in a parking lot with the key's in the ignition, found guilty every time.

As long as there are no rounds in any magazine or the chamber, he cant be ticketed for anything. Comparing that to a drunk in a vehicle with keys in the ignition is apples and oranges, that scenario is illegal period.

Its no wonder to me that LEO, judges and courts get away with some of the things they do that are not within the law. Some of you guys just bend over and take anything they try to give ya. Sheesh.

[growalot]

Oh no doubt...be be assured...I have studied up on my rights since.......I'll allow a cop to arrest me before ever just opening my trunk on demand...But he had best have a realy good reason to....it's the principle ...they know the 90% of the ppl will do what ever they say just to get rid of them...BS

Grandpa was a NYS supreme court JUDGE...a lawyer from a family of lawyers...said the biggest problem is citizens don't spend the time to know their rights.... police over step there duties and JP's should never reside in the towns that they hold court in...and never take a bench trial...

Of course that was before all the criminal justice police shows...lol now a days...whether right or wrong....ppl are much more in tune to their POSSIBLE... as it were...rights

[WNYBuckHunter]

BTW grow, my last comment about bending over wasnt directed toward you

[landtracdeerhunter]

Got a question. Do u think a bow sling would be a locking device? It has 3 snaps that cover the string.

[growalot]

Must have missed that WNYBH...no problems ...thanks for saying so though

Ohh went back you posted while I was typing....

Edited October 23, 2012 by growalot

[WNYBuckHunter]

lmao

[mike rossi]

Bubba- can you show me where in the regs it says the bow has to be disabled? This is the first I have heard this but I may have missed it.

I do not know if it is in the regs,but I am not sure if it has to be to create a violation because there is the legal concept of "prima facie' evidence, which means in the most general terms that if it looks like you are hunting - you are assumed to be ...

Personally, I carry my gun into the field in a case and out of the field in a case, but to each his own...

[jjb4900]

you have to realize, an L.E.O. does not have to be right, he just has to be reasonable after looking at all the facts and making his decision. If he gets a complaint of someone shooting after legal hours, and an hour after dark, a hunter drags out a deer that is still steaming, and there are no other hunters in the area, any reasonable person could conclude that this guy was hunting after hours.......maybe not right, but certainly reasonable to come to that conclusion......

[Culvercreek hunt club]

In most situations yes, but put that same guy with just a few rounds driving around slowly during hunting season up and down the side roads obviously road hunting and I guarantee he'll be ticketed........and it'll more than likely be upheld in court........kinda like the drunk who's not observed driving but found sleeping in a parking lot with the key's in the ignition, found guilty every time.

Where do you guys get this crap? I am not condoning road hunting but having a gun, unloaded in the car and driving slowly is NOT breaking any law. Put a spot light in their hand after hours and they are but in the day light it is legal. If you say it is not,......show me the law.

[mike rossi]

Where do you guys get this crap? I am not condoning road hunting but having a gun, unloaded in the car and driving slowly is NOT breaking any law. Put a spot light in their hand after hours and they are but in the day light it is legal. If you say it is not,......show me the law.

There doesnt have to be a law, here is why:

Prima facie evidence is that evidence which is sufficient to establish a fact or sustain a judgment unless it is rebutted or contradictory evidence is produced. The prima facie evidence rule does not shut out evidence; instead it declares that a particular conduct shall be enough as evidence until and unless the opposing party produces contradictory evidence.

[Culvercreek hunt club]

you have to realize, an L.E.O. does not have to be right, he just has to be reasonable after looking at all the facts and making his decision. If he gets a complaint of someone shooting after legal hours, and an hour after dark, a hunter drags out a deer that is still steaming, and there are no other hunters in the area, any reasonable person could conclude that this guy was hunting after hours.......maybe not right, but certainly reasonable to come to that conclusion......

Ever had a pissy neighbor that called and complained to the police any time they saw you enter the woods? I lived through it one season until about every cop in the area cycled through the complaints to see she was full of $hit. she called about shooting after hours, shoooting before hours, chasing deer with a 4 wheeler and shooting them (we went in to bring out 2 we took), shooting with a rifle, she even said we were tresspassing on the property we had permission to hunt. all BS claims and nothing ever happened becasue we were within the regs and laws. But you feel if someone shoots a deer and brings it out steaming after legal hunting ours that is ground for a ticket when coupled with a complaint?

Wow...wow....non wonder this state is so efff'ed up