Received tickets from NYS Park Police at Storm King State Park ...

[MrDJay]

First of all, I truly admit that it was a poor judgement on my part. 

 

It was the first weekend that I received my Marauder .25 air rifle and I thought I need to bring it out to try find some squirrel. 

 

I did some research on DEC website before I go and two mistakes I have made:

 

1. I did not notice that Storm King was for deer hunting only (god I wish I have came here for all posts before heading there)

 

2. I did not call that number listed on DEC website for Storm King Park ranger before I go.

 

Now what happened to me:

 

I parked my car along 9W Parking area. 

 

And I came down the vehicle to take a look. That day it started snowing hard and I did not want to just go home without even trying to check it out. 

 

I wandered about 15 minutes at the parking area of Storm King Park, realizing that it may be a mistake even coming here. And then I decided to go back to my vehicle , double check that the gun is unloaded and packed up before driving back home. 

 

That's when I opened my trunk and took it out , pointing the muzzle downwards and check to see if it is cocked and if any pellets are loaded. 

 

I think that's when some drive-by patrol officer saw me with that air rifle , near my car's trunk. 

 

When I go back to car after packing stuff up ready to go home, two police cars came to the parking lot with their gun loaded and shouting to me "hands where i can see you, get out of the vehicle, knees on the ground, i was hand-cuffed, searched and all that. 

 

then they checked all my licenses, plates etc. and we then waited for park police. 

 

In the end, the first police car that responded this case told me that he won't charge me anything and it seems to be just a poor judgement. 

 

but the park police issued me two tickets: 

hunt in the park, 

carrying firearms in the park. 

 

I have some questions:

 

1. no witness see me hunt in the park, because i did not. .. . and I have a dash camera that video taped everything I have done before the police officers arrived. which was standing in the snow and looking at the map. I did not discharge any pellets, only took it out to check all safeties before going back home. 

When the police officer arrived, my air rifle was unloaded in my trunk of the car. 

 

can I beg the town judge's pardon in court on this charge of "hunt in the park" ticket? is there any possible to contest it?

 

2. i guess i may not be able to get away with the carrying firarms in a state park ticket. . . how heavy such penalty can be? i asked the park police before he lets me go, he said it is just a 30USD - 100 USD fine. I hope it is just a fine that I can learn my lesson, not jail time or other felony records?

 

I know this is truly a stupid rookie mistake on my part. I will never do such stupid thing again. And of course will read all posts here before going for any other trips. Hopefully i can find some experience buddies here to take me with your hunting trip, even just help you carrying your gears and observe what are the right thing to do, even to park at the right place...

 

 

Thanks for any advice. I feel extremely awful now , partly from that shocking experience of being pushed to the ground and searched with two guns pointing to you and handcuffed, partly from my stupid mistake and the excitement of taking the new air gun for some small games. (at a wrong place...)

 

 

[Elmo]

Are you sure Storm King is for deer only?  First time I ever heard of that but I've only been to Storm King a couple of times and didn't like the place so I don't know that much about it.  The one thing about Storm King is that you're only allowed to hunt one side of the road.  The other side is for hiking only.

[shawnhu]

http://www.dec.ny.gov/outdoor/88898.html

And

http://nysparks.com/parks/152/amenities-activities.aspx

According to these sources, Storm King is in Orange County, and allows hunting. I do not know if it is deer hunting ONLY, but deer hunting is permitted at Storm King.

Regardless of your violations, the way you were treated and cuffed was uncalled for. I would try to remember the officers that did this to you and look to see if they violated any laws by doing so and use this in court.

It is going to very helpful that you have the dash cam. The dash can can prove that you were not hunting, but was making sure that your firearm was safe before traveling in a motorized vehicle.

In regards to possession of a firearm in a state park, you'll have to determine exactly where you were to fight this ticket. If you were indeed in an area where firearms are not allowed, this may stick. If you were on the DEC approved hunting area, then I do believe you have a case.

Regardless of the outcome, these are monetary fines, and will not go on your record. It won't affect your job, or background checks. It's just $$$. Don't lose sleep over it, but do plan on fighting these tickets in court, I believe you'll win them both.

P.S., how do you like that Mrod .25?

Edited February 17, 2014 by shawnhu

[mike rossi]

I would call the park headquarters AND the regional DEC office. I wouldn't discuss your incident, just ask what type of hunting is allowed and also be sure to ask if there are any special regulations for the property which are more restrictive than state law.

 

Take a look at the link pasted below - pretty vague, but personally, I always assume hunting is not a priority public use of "parks" as it is with Pitman Robertson Lands... I still caution you however, that even some PR Lands and duck stamp lands, especially downstate, don't allow hunting or have special regulations which extend beyond state law. Don't get discouraged, it sounds like you made an honest mistake and in your defense the info on both the parks website and the DEC's website are vague. However, it is inherent to the sport of hunting to investigate and fully understand all the laws governing the sport, even the obscure ones that are either vague or not widely known.... Its just part of the sport of hunting, (not the ticket - lol), but the responsibility of awareness...

 

http://nysparks.com/parks/152/amenities-activities.aspx

Edited February 17, 2014 by mike rossi

[MrDJay]

Thanks for your advice on this! I will call the parks and recreation office at storm king to learn the restriction just for my information and what i am dealing with in court. 

 

I am glad to learn that this is just a monetary penalty not involving anything more serious but I learnt my lessons. probably it is good in the long run for a new hunter like me. I will try to see the bright side of this incident.

 

Feel quite a bit shocked in that kind of situation (knee on the ground , cuffed with two police guns pointing at me) and i did not get their names or police IDs. I reviewed the dash cam, it seems like that they did not do anything beyond some "standard procedure" (what i knew from TVs or movies). No disrespectful acts (cursing or threatening etc). Only disagreement to me was the ticket of hunting in the state park ticket and i will use dash cam recording as my evidence. Will try to explain and fight for their other ticket too. 

 

Thanks again for your suggestions!

 

 

[MrDJay]

Are you sure Storm King is for deer only?  First time I ever heard of that but I've only been to Storm King a couple of times and didn't like the place so I don't know that much about it.  The one thing about Storm King is that you're only allowed to hunt one side of the road.  The other side is for hiking only.

I will call them today and check it again. And update here 

[MrDJay]

P.S., how do you like that Mrod .25?

 

 

Shawn,

 

The MRod .25 is absolutely awesome. I set up a simple 10-yard in-door target at my garage (god this time i called the local police to make sure they are ok with such plinking/target shooting indoor...). . 

 

Although it may be too short distance to judge, but so far i have shot several groups of 8-pellet rounds and they all grouped very closely. many of which are going through same holes. that is from 3000 psi to 1000 psi. But i need a longer range (25 or 50 yards) to have more tests.

 

What i appreciate more beside the power and accuracy is the quietness. At this caliber and power, It did not sound too loud while another model i tried and returned (Hatsun AT P1) just sounds like a real gun . it was too much to play that Hatsun indoor but Mrod has its shrouded barrel which act like a silencer out of box.

 

Only issue is that it takes quite some effort to pump it back to 3000 psi. Maybe that is the challenge with all PCP air guns. Maybe I should get a scuba tank to fill it up in future if i shoot too often.

[bubba]

First off as a former JP I would have ot say ignorance of the law is no excuse.  However that being said, it sounds like a rookie mistake if the story you tell is correct, and I have no reason not to believe it.  The hunting charge is based on intent.  I know some here will throw a fit with that word, but that is how it is.  If you came in front of me I would suggest you go to trial and have the officers come to testify why you were treated the way you were.  Bring your dash cam video and if it were me, you would walk out a free man.  I personally do not know much about air rifles, but I am sure they are illegal to hunt deer with in NY.  So, I do not know of them being for deer only.  It would have to be a certain diameter and center fire.  But that is beside the point.  Go and explain your story show the judge the video and a decent judge will dismiss it as long as you have no previous criminal record.  Just my speculation, but that is what I would do. 

[MrDJay]

First off as a former JP I would have ot say ignorance of the law is no excuse.  However that being said, it sounds like a rookie mistake if the story you tell is correct, and I have no reason not to believe it.  The hunting charge is based on intent.  I know some here will throw a fit with that word, but that is how it is.  If you came in front of me I would suggest you go to trial and have the officers come to testify why you were treated the way you were.  Bring your dash cam video and if it were me, you would walk out a free man.  I personally do not know much about air rifles, but I am sure they are illegal to hunt deer with in NY.  So, I do not know of them being for deer only.  It would have to be a certain diameter and center fire.  But that is beside the point.  Go and explain your story show the judge the video and a decent judge will dismiss it as long as you have no previous criminal record.  Just my speculation, but that is what I would do. 

 

bubba,

 

Thanks for the reply. What does JP stand for?

 

I was not intending to use air-rifle to hunt for deer there,but was planning to look for squirrel hunting spot there. 

 

I will go to the court to explain my story. The police officers who issued me the ticket did not even talk to me before writing the ticket. All he and his partner knew was from the officer to came first to the scene while I was cuffed in the police car and waiting here.

[bubba]

Justice of the peace. local judge in my township

[shawnhu]

Shawn,

The MRod .25 is absolutely awesome. I set up a simple 10-yard in-door target at my garage (god this time i called the local police to make sure they are ok with such plinking/target shooting indoor...). .

Although it may be too short distance to judge, but so far i have shot several groups of 8-pellet rounds and they all grouped very closely. many of which are going through same holes. that is from 3000 psi to 1000 psi. But i need a longer range (25 or 50 yards) to have more tests.

What i appreciate more beside the power and accuracy is the quietness. At this caliber and power, It did not sound too loud while another model i tried and returned (Hatsun AT P1) just sounds like a real gun . it was too much to play that Hatsun indoor but Mrod has its shrouded barrel which act like a silencer out of box.

Only issue is that it takes quite some effort to pump it back to 3000 psi. Maybe that is the challenge with all PCP air guns. Maybe I should get a scuba tank to fill it up in future if i shoot too often.

You'll want to shoot that Mrod from 3200-2400 psi. You should get a very stable 16 shots.

You'll also want to use JSB Kings for most applications, and Predator Polymags for serious hunting.

And finally, you'll want to shoot it at 100 yards on a bench to really enjoy its accuracy.

The 4500 psi carbon tanks are great too!

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

[MrDJay]

Justice of the peace. local judge in my township

I see. Thanks!

[MrDJay]

You'll want to shoot that Mrod from 3200-2400 psi. You should get a very stable 16 shots.

You'll also want to use JSB Kings for most applications, and Predator Polymags for serious hunting.

And finally, you'll want to shoot it at 100 yards on a bench to really enjoy its accuracy.

The 4500 psi carbon tanks are great too!

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

Got it. Thanks for the recommendations! I will use a hand pump for now... to show to wife that i am serious about doing this sports. not just a short term interest. later on i will then convince her on additional investment to a carbon tank. =)

[NFA-ADK]

Fight it in court with the evidence you have.  Rookie mistake yes.  Slap on the wrist at worst with a minor fine. 

 

Don't get upset, sometimes we all do something wrong.  Sucks when you are trying to do the right thing and become the target of a ticket writer.

You can question the "arresting officer"  When you have them on the stand(If it gets to that.) ask them if they SAW you with a firearm hunting in the park.  Next is to question if the gun was loaded.  Where was the gun when officers arrived.   If the officer is not available for questioning you can request a dismissal, due the rights of a speedy trial.

 

If the gun was not loaded, in the trunk and not in you possession then you could not have been hunting with it.  If you loose the case you will probably have to pay a maximum of 100$.  You have nothing to loose and everything to gain, good luck hope you win.

 

Usually the District Attorney will work with you and drop the charges to a lower, charge.  Like a non-moving violation with no point on license and a 50$ fee.  Not sure if you want to go that route but it will be offered.  He gets a conviction and money for the state and you get a lesser charge.

 

Good luck and let us know how you make out.  Consult an attorney if you want professional help but I think they will cost more than any court fees.  Some have free consulting and might be willing to give you some free advice can't hurt and it will prep you better for court.

[mike rossi]

I would check with a lawyer about "prima facie evidence" before arguing a case that the cops did not actually observe the act of hunting... The cops might be allowed to presume a person is hunting and issue a ticket for hunting just because he is in possession of a gun ... 

 

Like I said, its best to talk to a lawyer...

[bubba]

yes what I said the intent

[GLK]

Got it. Thanks all for the suggestions. Will update how it plays out later on. Now I will plead not guilty on both tickets and request for supporting deposition for both too. Will mail it out tomorrow

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[GLK]

Above is my ID using phone app. For some reason on my computer they used my login linked with facebook. Here it is the phone log in

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[the blur]

Did you lawyer up ?  This may affect your changes of obtaining a pistol license.

[MrDJay]

Recent update:

 

My case is conditionally dismissed. (ACD). The condition is that next 6 months out of trouble, then all records related to it will be destroyed. 

 

So it took me 3 appearances in court, representing myself (aka Pro Se). 

The Judge was kind enough to keep on advising me to find an attorney to represent me, but frankly speaking I was a bit worried about the cost associated with that and I am not qualified in any Legal Aid programs. I had high education, confident debating skills and confidence in my case so I decided to leave the matter in my own hands. 

 

So after doing lots of research of the procedures in the path of such legal cases, and consulting some close friend of mine who is an attorney, I was able to defend myself in the court, providing a affidavit and eventually got it dismissed.

 

All in all I am grateful to lots of folks here who helped me in many ways and encouraged me that I should try to fight the case. 

 

And I will be very careful going forward whenever going on such a trip. 

[fasteddie]

Congrats on the outcome of your case !