Out of control neighbor

[fasteddie]

A sure fire way to defeat your enemy........make him your friend. I would send him a Christmas card and write it in, "I'm sorry for the misunderstanding this past deer season and hope we can be good neighbors again. Please except my best wishes for a Merry Christmas to you and your family.",and sign your name. If that does not fix things there is little hope, and at least you were the bigger person.

Peace

Sounds like a plan !

[Ford]

A sure fire way to defeat your enemy........make him your friend. I would send him a Christmas card and write it in, "I'm sorry for the misunderstanding this past deer season and hope we can be good neighbors again. Please except my best wishes for a Merry Christmas to you and your family.",and sign your name. If that does not fix things there is little hope, and at least you were the bigger person.

Peace

This is probably the best idea, IMO.

You cant really "win," with a neighbor like this. What can you do, get him locked up for life?

It is a no win situation. A lot less stressful this way.

[Daveboone]

Every threatening contact from him should be reported to the authorities, especially the threatening behavior with the shotgun. Ideally, never even be in the area of him without witnesses.

Your piece of land is small. I hate to mention this, but under NY law as written exactly in the hunting regulations, are you a legal distance (best with room to spare) from all buildings on his property? Even though it is your land, it does not mean you can legally hunt on it unless zoned, and have permission from all landowners within 500 feet of any building on occupied properties. Lastly, given the nature of the situation, is it worth the percieved risk?

[irish_redneck]

not any building, just any habitable building / residence . the woodshed doesn't count

[growalot]

and live stock housing

[landtracdeerhunter]

Didn't we have another thread on that subject? LOL.

[MountainHunter]

and live stock housing

Does live stock housing meet the definition of a structure or "occupied structure" relating to the 500 foot rule?

[Doc]

Does live stock housing meet the definition of a structure or "occupied structure" relating to the 500 foot rule?

Figure 11-0931 "No person shall discharge a firearm or longbow within 500 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church."

[ELMER J. FUDD]

Did you punch this guy in the face yet or what?

[Five Seasons]

Figure 11-0931 "No person shall discharge a firearm or longbow within 500 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church."

the word "used" in that definition would include any garden shed or barn so long as the neighbor goes out there even once a year.

[Doc]

the word "used" in that definition would include any garden shed or barn so long as the neighbor goes out there even once a year.

Well, there is the problem with most of the laws. It seems that a lot of them contain some verbage that can be interpreted and twisted anyway that a CO or JP or anyone associated with the legal process wants to. You can look at nearly any law and find yourself with a half dozen interpretations, most of which actually make some sense. Look what happened to the "deer feeding" law .... lol.

Frankly, I wouldn't even think of shooting toward any building. Is it a "used" farm structure? It's probably not up to me to determine that since I have no personal knowledge. I have no way of knowing if there is somebody in there or not. So, likely there are a lot of people in law enforcement that might use the more liberal interpretation.

My personal philosophy is that I have no desire to even be hunting within 500 feet of another person's buildings no matter what category or purpose they may have ....... occupied, used or whatever.

[fasteddie]

I thought Larry was going to have the neighbor over for his New Year's Eve Party !

[WNYBuckHunter]

the word "used" in that definition would include any garden shed or barn so long as the neighbor goes out there even once a year.

From what I have been told by multiple Encon officers, it actually only pertains to farm buildings that actively house livestock. Storage buildings that are unoccupied do not count, including tool sheds, RVs, etc. Shoot an email over to the Reg 8 DEC HQ, they will tell you the same thing.

[WNYBuckHunter]

BTW, I still havent gotten an email back on my last question. Im guessing since I told them it was hypothetical, that they dont want to touch it.

[Five Seasons]

The DEC can say all they want. A good lawyer will suck that up in a heartbeat. I see it all the time in my line of work.

[WNYBuckHunter]

How would a lawyer get involved if the DEC doesnt write a ticket?

Here is the actual wording with definitions of structures, etc

"

It is illegal to discharge a firearm or bow:

• so that the load or arrow passes over any part of a public highway,
  
• within 500 feet of any school, playground, or an occupied factory or church,
  
• within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
  
• You may hunt waterfowl, over water, within 500 feet of a dwelling or public structure as long as neither are within 500 feet in the direction you are shooting.
  

For the purpose of these laws, definitions are as follows:

Dwelling houses -- a permanent place where people live and sleep. Excluded are temporary residential units including camping trailers, motor homes or other portable shelters. Also excluded are abandoned dwellings, detached garages, tree houses, "playscapes", decks, pool areas, storage sheds and out-buildings - even when/if they are temporarily occupied. A permanent camp or cabin may qualify as a "dwelling house".

Farm building, farm structure that is either occupied or used -- these structures are largely determined on a case-by-case basis. To qualify, the premises alleged to be a farm must be utilized principally for agricultural production for commercial purposes, including but not limited to crops, fruit, hay, livestock, production of dairy products, nurseries/greenhouses. There is no minimum number of acres that must be either owned or farmed to qualify. To receive protection the farm building or farm structure must be either occupied by people or livestock or used in some, even small, degree for storage of farm related tools, equipment or livestock. Excluded would be structures and out-buildings on acreage or lands that are not a "farm" even if they are temporarily occupied.

School building, school playground -- a school building is any building owned by a school district. A school playground is interpreted to mean any area that is maintained by the school including mowed lawns and fields, athletic fields, playgrounds, and/or other areas where students engage in school sponsored activities. Excluded are school parking lots. A maintenance building or bus garage owned by a school district is not a "school building" but would be a "factory" as discussed below.

Factory or church -- A factory is interpreted to mean any building or structure used for commercial purposes. The discharge of a firearm or longbow within 500 feet of a factory or church is prohibited only when such building is occupied at the time of discharge."

-direct from the DEC website

[landtracdeerhunter]

One would think a school parking lot would be included in this. The factory and church definition is worded differently also.

Edited January 3, 2013 by landtracdeerhunter

[Five Seasons]

nvm

Edited January 3, 2013 by Belo