Interpretation of hunting hours

[wdswtr]

I have been stopped and questioned twice by DEC both times coming out of the woods at dark. Once with muzzloader once with bow. By different officers. The first thing that was checked with muzzloader was to see if there was a primer in the gun. The other time was they checked to see if I had my release on my wrist when coming out after a bowhunt. Each time I was told it is considered a loaded with the intent to use after dark. Lucky I was smart enough to take the primer out and my release off before exiting my stands. I think once again people are overthinking yet another subject. Its common sense. If you are coyote hunting you are coyote hunting. If you are deer hunting you are deer hunting. I find it a bit hard to believe an officer will believe your intent is to harvest a coyote without proper tools on hand to shoot coyotes at night, like having a pocket full of deer calls and no light source on the gun to shoot after dark. It really doesnt take a rocket scientist to figure out what you are in the woods hunting based on what you are carrying. Is it truly that time consuming and difficult to take your release off, onload the gun, or take a primer out?

[growalot]

NOOOO....not if you have the proper license and there is a night time fur baring season open...it's simple reading...

[boo711]

id like to see you tell the dec to pound salt. that would be funny. like i said though, my buddy got a ticket for shooting a deer before "sunrise". hunting hours are sunrise to sunset as defined by the hunting regs book, pg80. that is in black & white

[YFKI1983]

Ive seen too many coyotes and bear to unload my gun before i get out of the woods...just my opinion

[Sogaard]

good luck proving that. Do you carry the proper calls and the like? Just saying you might have a hard time proving that other wise.

I'm pretty sure, in this country of ours, at least, you have to prove guilt, not innocence.

I'm surprised I'd have to remind you of that, Bubba.

Edited October 19, 2012 by Sogaard

[Sogaard]

Also, if you have a smart phone:

Primos makes a little app to demo their calls. It has predator calls on it. So yeah, I always have my pred calls on me.

Unless the DEC officer hears the shot before or after legal hours, s/he really shouldn't be able to fine you.

Edited October 19, 2012 by Sogaard

[Fletch]

I gotta agree with Grow on this one! I can hunt deer and coyote before sunset and once sunset on my way out coyote and loaded.

[bubba]

OK ...Let me just say this one more time....The DEC officers need to learn the laws they are suppose to up hold and You as hunters need to know them as well...ECO just love ppl that don't know the laws...it is EASY money for the state

IT IS NOT ILLEGAL TO HAVE A LOADED WEAPON IN THE WOODS AFTER DARK...

UNLESS

YOU HAVE A CENTER FIRE IN A SHOTGUN ONLY DEER ZONE..

If I have the proper license and want to wonder around in my woods at night with a loaded shot gun or even my bow...and I do not have a wounded or dead deer out there.....I have the legal right to do so...It is illegal to SHOOT a deer or SHOOT AT a deer before or after legal hours...and a ECO can pound salt if he thinks of giving me a ticket...

you better prove you are coyote hunting and wandering around is not how you coyote hunt. But your mind is made up no sense confusing you with the facts.

[bubba]

look up INTENT. Simple as that

[WNYBuckHunter]

In your hunting regulations book there is a sunrise & sunset chart. if you are in the woods before or after those times with a loaded weapon it is illegal.

No it isnt. Plain and simple you are 100% without a doubt wrong about that.

[WNYBuckHunter]

id like to see you tell the dec to pound salt. that would be funny. like i said though, my buddy got a ticket for shooting a deer before "sunrise". hunting hours are sunrise to sunset as defined by the hunting regs book, pg80. that is in black & white

Shooting a deer outside of legal hours is a completely different thing than having a loaded weapon in the woods. Youre comparing apples and oranges.

[growalot]

Perhaps you've been in the psychiatric field to long...INTENT is great in that field...but you... have no right nor legal standing to put thoughts in my mind as in regards to INTENT with out proper evidence in the legal system....and what they have in place to guard against such actions is a Judicial review board...that goes not for YOU personally but for any justice of the peace that does so...

heres something I didn't have to look up either...but is pertinent...

The official title for Judges in Justice Courts is Justice, the same as in New York Supreme Court. However, in common usage, most people, including lawyers, call them Judge. Justices in Justice Court do not have to be lawyers. The vast majority are not. Many of these courts are in small towns and villages where none of the residents are lawyers. In the larger towns, the justices are almost always lawyers.

While Justices and their court clerks receive training from OCA, there is tremendous variability in how cases are handled. This includes court procedures and substantive results. Some courts will dismiss a traffic ticket if the officer does not appear for a trial, while others will adjourn the matter to give the officer another chance. In some courts the police prosecute their own tickets, while in others an Assistant District Attorney from the County or a town or village attorney will prosecute the tickets. This may even vary by the type of officer, with State Troopers and Deputies prosecuting their tickets and a town attorney prosecuting tickets written by the town police.

[YFKI1983]

why the hell would you walk around the woods in the dark with a gun and keep it unloaded? My father was attacked by 2 coyotes a while back...doesnt make much sense to carry a gun and try to load it if something happens.

[shawnhu]

why the hell would you walk around the woods in the dark with a gun and keep it unloaded? My father was attacked by 2 coyotes a while back...doesnt make much sense to carry a gun and try to load it if something happens.

Your life or a ticket, make your choice. I know what I'll choose.

[WNYBuckHunter]

Again, its not illegal to have a loaded gun in the dark. Its illegal to shoot a deer after legal hunting hours.

There is no interpretation. If you get a ticket for an interpretation, take it to court. If the judge rules against you, appeal it.

[d-bone20917]

Again, its not illegal to have a loaded gun in the dark. Its illegal to shoot a deer after legal hunting hours.

There is no interpretation. If you get a ticket for an interpretation, take it to court. If the judge rules against you, appeal it.

I agree and I'm kind of surprised by the people on here questioning this. If there is something in season legal to hunt in the dark you have every right to have a loaded gun with you after dark while hunting. I have killed quite a few coyotes while deer hunting. And you need to unstring your recurve or long bow??? That is ridiculous.

[Sogaard]

Again, its not illegal to have a loaded gun in the dark. Its illegal to shoot a deer after legal hunting hours.

There is no interpretation. If you get a ticket for an interpretation, take it to court. If the judge rules against you, appeal it.

Agree. Its pretty clear cut too, I'm not sure why you feel differently, Bubba. Its the "shooting a deer" part that makes it illegal, not carrying around a loaded weapon.

[wdswtr]

Well last I knew deer hunting sure didnt mean you had to kill to be, well deer hunting. I think I will stick wih what 2 different officers told me on 2 different occasions over a bunch of guys trying to interperet laws on there keyboard. Its pretty darn clear if you are deer hunting it is illegal to hunt deer after dark. Plain and simple. A loaded weapon you are deer hunting with no matter how you want to justify your reasoning in any officers eyes you are hunting with the intent to kill. You hope you get one of the more forgiving officers when he stops you at dark with a loaded weapon you just got done deer hunting with

and he believes your story whether your speaking the truth or not. Good luck with that.

[WNYBuckHunter]

Honestly wds, if the guy wanted to bust my balls, hes more than welcome to give me a ticket, which I will gladly take a couple of hours out of my day to take it to court.

I have posed the question about a loaded gun after dark as well, and been told if you dont actively pursue a deer or shoot one after dark, and you arent driving around with it in a motor vehicle, you are fine. I go out coyote hunting quite a bit, at night. No issues. I carry my handgun during deer season, loaded, all the time. No issues. Just read the laws, its plain as day.

Really, the only interpreting going on here is from those that think its illegal because some ENCON officer looking to bust their nuggets was feeding them incorrect information.

[wdswtr]

I think the point is getting missed here. That being it is illegal to deer hunt after sunset is it not? If you are deer hunting and its after dark with a loaded weapon the intent is there in any officers eyes. Coyote hunting is a whole different discussion. Im not out coyote hunting Im out deer hunting. That is the big difference you guys keep trying to use to validate the reasoning behind keeping your weapons loaded after dark. This line from the dec website below is pretty clear to me. If you are no longer hunting why is your weapon still loaded? I know why but does the DEC see it the same way? I highly doubt it. There are so many poachers and illegal hunters they would be hard pressed to trust any one of us if we walked out with a loaded weapon after dark. Where you not after all big game hunting?

Hunting Hours

Big game hunting hours are sunrise to sunset. Sunday hunting is allowed in all areas of New York. There are some local exceptions. Check the area that you hunt carefully. For hunting on state parks, confirm regulations with the park before hunting.

Edited October 20, 2012 by wdswtr

[wdswtr]

And for the record to be completely honest I really could care less if your priority is to carry a loaded weapon after dark. Its up to you to address that issue with the judge if you are ticketed. Im just trying to point out the way it looks in an officers eyes and how it will be interpreted to them. I personally do not see why this is even such a big deal anyhow. It only takes a second to unload your gun, not just for the safety factor of stumbling around in the woods after dark with a loaded weapon but it just makes sense to me since Im am no longer deer hunting after sunset to begin with.

[Jennifer]

I think the point is getting missed here. That being it is illegal to deer hunt after sunset is it not? If you are deer hunting and its after dark with a loaded weapon the intent is there in any officers eyes.

Im just trying to point out the way it looks in an officers eyes and how it will be interpreted to them.

Well, the last thing I want to do is to get into an argument here, but I just need to get this out. I have worked with ECOs in region 9 in the past and I will tell you that some of them have more common sense than that. Try not to paint with too big of a brush, there, unless you know all of NYS's ECOs personally...

That's all I've got to say about it.

Edited October 20, 2012 by Jennifer

[adk3006]

I think the point is getting missed here. That being it is illegal to deer hunt after sunset is it not? If you are deer hunting and its after dark with a loaded weapon the intent is there in any officers eyes. Coyote hunting is a whole different discussion. Im not out coyote hunting Im out deer hunting. That is the big difference you guys keep trying to use to validate the reasoning behind keeping your weapons loaded after dark. This line from the dec website below is pretty clear to me. If you are no longer hunting why is your weapon still loaded? I know why but does the DEC see it the same way? I highly doubt it. There are so many poachers and illegal hunters they would be hard pressed to trust any one of us if we walked out with a loaded weapon after dark. Where you not after all big game hunting?

Hunting Hours

Big game hunting hours are sunrise to sunset. Sunday hunting is allowed in all areas of New York. There are some local exceptions. Check the area that you hunt carefully. For hunting on state parks, confirm regulations with the park before hunting.

I myself think the DEC has it explained quite clearly. As you have put in bold, one may hunt big game sunrise to sunset. Before sunrise or after sunset it is completly legal for one to hunt coyotes. Coyotes ARE NOT big game, they are furbearers which can be hunted day or night with a centerfire rifle as long as centerfires are not prohibited for deer hunting. I'm not saying an Encon officer couldn't give you a ticket if you had a loaded gun before sunrise or after sunset but I would almost bet if you plead not guilty and went to trial, there wouldn't be a justice in NYS that would find you guilty, other than Bubba! It's a bit scary that a JP is having such a hard time understanding a simple regulation.

Edited October 20, 2012 by adk3006

[arrow nocker]

LIke wnybowhunter said.Give me the ticket.Without evidence i am inocent until proven guilty.I have set my bow up for hunting cyotes at night using a red light on my stabilizer.Red head lamp and lighted sights.I could easily hit a cyote with this setup.Have practiced many times since they got so bad behind the house.I could legaly set my bow up on the way out for this.and if an ECO gave me a ticket.well i would take it to court.Without a dead deer i was not breaking the law.Since in fact i was hunting legaly.For furbearrers.

Edited October 20, 2012 by arrow nocker

[wooly]

Where you not after all big game hunting?

Hunting Hours

Big game hunting hours are sunrise to sunset. Sunday hunting is allowed in all areas of New York. There are some local exceptions. Check the area that you hunt carefully. For hunting on state parks, confirm regulations with the park before hunting.

Coyotes aren't considered big game.