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How many are aware of this law?


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If you are in rifle country, you can use a rifle for furbearers, even during bow season. Just not if you are in a shotgun only area. You left part of the wording out.

 

I tend to agree, however that is not what it says.

  You may hunt furbearers with a rifle chambered in any cartridge, except that during any open season for deer - including archery, muzzleloading and regular seasons.

This statement alone never mentions rifle country or not.  It just says you cant hunt a furbearer with rifle during any open deer season. 

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It sounds like if you are in a county that allows only shotguns for deer hunting, you had better not be out afield hunting with center-fire rifles that are .22 caliber or larger for anything while any legal deer season is in progress.

 

However, this does bring up a question about target practice with such rifles. How do they distinguish between hunting and target shooting?

if im in my stand and i hear 15 shots from the same general location i usualy think the guy is target practicing.......... or making SURE the deer is dead lol

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It is very confusing....the thing that gets me is I

can't use a rifle to deer hunt here only shotgun but yet I

can use my 300 if i wanted to shoot a coyote

as long as deer seaseon was closed....yeah that's make

since lol

not as many people predator hunt same thing as in you can use a pistol in shotgun only abd they can be any caliber
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I tend to agree, however that is not what it says.

  You may hunt furbearers with a rifle chambered in any cartridge, except that during any open season for deer - including archery, muzzleloading and regular seasons.

This statement alone never mentions rifle country or not.  It just says you cant hunt a furbearer with rifle during any open deer season. 

 

Only because you are picking one sentence out of the whole statement. You cant do that.

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I spoke to New York State Department of Environmental for region 3 about this subject.

During deer season hunting (ends 12/17) in a non rifle zone (3N)

: you may use a rifle smaller then .22

After deer season ends, tomorrow (12/17),

: you may use any centerfire rifle in any caliber to hunt furbearers. Even if you're hunting a zone where rifles are not permitted

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I emailed DEC about it a while back when someone asked me about it. Here you go...

 

My email

 

"I was recently told by someone that you can no longer hunt furbearing animals, etc with a centerfire rifle in a county that does not allow them for deer hunting. In the past it has always been legal, as long as it was not during an open deer season in that area. Did the law change? This is how it reads in the Regs on the DEC website:


"You may hunt furbearers with a rifle chambered in any cartridge, except that during any open season for deer - including archery, muzzleloading and regular seasons - you may not possess a rifle larger than .22 caliber rimfire afield, during the day or night, to hunt wildlife, including furbearers in any county or portion of a county where deer hunting with rifles is prohibited during the regular deer season. Centerfire rifles smaller than .22 caliber are permitted."
 
To me, that says that you can use a centerfire rifle of any caliber as long as its not an open deer season. Am I correct on this?
 
Thank You,

John"

 

Their response...

 

"John,

You can hunt furbearers with any caliber rifle any where in the state, with the exception of deer season, if the county where you hunt does not allow rifle, you must hunt furbearers with a rim fire or shotgun during the open deer season, which includes archery and muzzleloading season.  Afer the deer season closes, you can switch back to the centerfire rifle.  You may never hunt with a centerfire rifle in Weschester, Nassau or Suffolk.
 
 
Capt. John W. Burke
NYS DEC Police
6274 East Avon-Lima Road
Avon, NY 14414-9519
Office - 585-226-6706
 
I got another response from a second contact there as well, and it said the exact same thing.
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you may not possess a rifle larger than .22 caliber rimfire afield, during the day or night, to hunt wildlife, including furbearers in any county or portion of a county where deer hunting with rifles is prohibited during the regular deer season. Centerfire rifles smaller than .22 caliber are permitted.

The verbage is really confusing to follow. Its saying that if you hunt an area where Rifles are prohibited for regular deer season than you can not use a caliber larger than a rimfire 22. but also can use a centerfire rifle smaller than a .22. It does not say you can use any caliber after the deer season is closed where rifle hunting big game is prohibited. If that was the case and you could use anything larger than a 22 in those shotgun only areas than why the hell would it be a shotgun only area to begin with. It wouldnt.

I don't think they can sum up all the regs in one or two sentences. I took the time to read through the guide and its all in there.

In shotgun ONLY areas for deer, any Rimfire larger than .22 is not legal during any active deer season. There are no centerfire allowed for any game during deer season in shotgun ONLY areas. Centerfire less than .22 is now allowed, during an active deer season.

In rifle areas for deer, you may use any caliber of any type.

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I spoke to New York State Department of Environmental for region 3 about this subject. During deer season hunting (ends 12/17) in a non rifle zone (3N) : you may use a rifle smaller then .22 After deer season ends, tomorrow (12/17), : you may use any centerfire rifle in any caliber to hunt furbearers. Even if you're hunting a zone where rifles are not permitted Sent from my SPH-L900 using Tapatalk

 

Exactly what I said numerous times.

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I USE TO HATE THIS ONE...

I run coyotes with hounds. I live in the NZ where rifles have been legal to use for deer hunting. But if I ran hounds I had to get a special permit to carry my rifle. In the SZ when rifles could not be used during deer season then I did not need the permit for hunting coyotes with hounds...glad they tossed that law.

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Exactly what I said numerous times.

 

Yeah and Obama told me If I wanted to keep my health insurance I could keep my health insurance.  LMAO  My point is anyone can say anything but that doesnt mean its right or wrong.  Although I should of made it more clear when I stated the confusion part.  I know what the regs are as I asked the local DEC officer this question a while back.  What I was trying to get at is the way they write things is confusing, and I would say deliberately so on there behalf to paint that gray line and left up to the DEC officer to decide.  See the thing is that one sentence I pointed out specifically says during any open deer season.  Does it not by the way its written trump all the other mumbo jumbo?  I believe so and when I questioned that the response the answer was "Oh the Gray line factor".  I personally think it and many other regulations in the way they are written leaves a lot for the Officer at the time of the questioning some ground for personal interpretation.  No judge can possibly know all the laws and its left up to you or a lawyer to persuade him in your direction after the ticket has been issued. 

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I spoke to New York State Department of Environmental for region 3 about this subject.During deer season hunting (ends 12/17) in a non rifle zone (3N): you may use a rifle smaller then .22 After deer season ends, tomorrow (12/17),: you may use any centerfire rifle in any caliber to hunt furbearers. Even if you're hunting a zone where rifles are not permittedSent from my SPH-L900 using Tapatalk

This statement isn't entirely correct, but I think I know what you mean. Let me try to clear it up.

You are allowed to use a .22 Rimfire, so the statement should read .22 caliber or smaller.

In certain areas under region 3 and region 1 as well as region 2, rifles of any kind are not allowed, period. No Rimfire, no centerfire. So that last statement should read, you may use a centerfire after deer season ends in shotgun only areas for deer, and local ordinances allow the use of a rifle for hunting.

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Yeah and Obama told me If I wanted to keep my health insurance I could keep my health insurance. LMAO My point is anyone can say anything but that doesnt mean its right or wrong. Although I should of made it more clear when I stated the confusion part. I know what the regs are as I asked the local DEC officer this question a while back. What I was trying to get at is the way they write things is confusing, and I would say deliberately so on there behalf to paint that gray line and left up to the DEC officer to decide. See the thing is that one sentence I pointed out specifically says during any open deer season. Does it not by the way its written trump all the other mumbo jumbo? I believe so and when I questioned that the response the answer was "Oh the Gray line factor". I personally think it and many other regulations in the way they are written leaves a lot for the Officer at the time of the questioning some ground for personal interpretation. No judge can possibly know all the laws and its left up to you or a lawyer to persuade him in your direction after the ticket has been issued.

A bit of a tangent on the health care issue, not sure what kind of diversion tactic that is.

But in regards to understanding the guide, it really wasn't that hard. And even if it was, I've never had any conflicts getting it in writing in plain English from the DEC, so there really isn't any issue. You say that you understand this law, but you are trying to pick out pieces of the regs but not reference the whole. To me, that's taking things out of context. Have you ever considered running for office?

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Ya I am a little confused on why you are confused. There is no grey area it is written clear. Like Shawnhu said you have to read the whole thing you cannot just read one sentence, it is clearly written as to what you can and cannot do in areas where hunting with a rifle during deer season is prohibited.

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It obviously is confusing to some, Hence the reason the OP started the thread and even said this.  "I have had a bunch of hunters inquire so I went back and read it and can understand the confusion".  I wonder how many emails and letters the DEC receives asking for clarification on there Regs?  Even Shawn states he has never had a problem getting it in clear English from the DEC.  So why not make them clear from the beginning?   They want that gray area just like any damn law in this state.   

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It obviously is confusing to some, Hence the reason the OP started the thread and even said this. "I have had a bunch of hunters inquire so I went back and read it and can understand the confusion". I wonder how many emails and letters the DEC receives asking for clarification on there Regs? Even Shawn states he has never had a problem getting it in clear English from the DEC. So why not make them clear from the beginning? They want that gray area just like any damn law in this state.

Any confusion I've had with the regs was not due to DEC. I had to clarify the difference between an air rifle and a regular rifle and its use in 3S and 1C.

The wording on some local ordinances stated no single projectile, but on contradiction, also stated air guns was allowed. This was not a DEC reg, but since it was a hunting related question, I had the DEC clarify and put in writing as a backup to any trouble I may run across dealing with local LE.

You'll run into more local ordinance issues than DEC related reg conflicts IMO.

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"The wording on some local ordinances stated no single projectile, but on contradiction, also stated air guns was allowed. This was not a DEC reg, but since it was a hunting related question, I had the DEC clarify and put in writing as a backup to any trouble I may run across dealing with local LE."

You'll run into more local ordinance issues than DEC related reg conflicts IMO.

Does DEC interpretation of the law or weigh local Le?

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Ya I am a little confused on why you are confused. There is no grey area it is written clear. Like Shawnhu said you have to read the whole thing you cannot just read one sentence, it is clearly written as to what you can and cannot do in areas where hunting with a rifle during deer season is prohibited.

 

Still would like someone to underline the part that says you can use any rifle during deer season... it only states that you cannot... nowhere does it say you CAN...as written.

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