question on possession of BOOZE.

[sits in trees]

now let me assure all of you this is not a question about me, i like to drink a stiff brandy n beer but always do it when home out of the woods. But i have an acquaintance who still brings a small flask of booze with him in the woods, he doesnt get drunk but only takes one small sip or so when he gets cold, but needless to say still has the booze in his backpack when he hunts.

he always goes along with someone and he never drives, but he does hunt state land and private land and i was wondering what the legality of this is....i'm not looking for opininions, just cold hard fact regarding the law and am not interested in anyones opinion on wether i should bust him in or not.

[sweet old bill]

I use to hunt with a guy like you said, had in his backpack and used when he was cold.

I guess I also have in my backpack a qt of coffee that I use.

As long as he is not getting high then so what. Use a shot when you are cold.

With the temps we have been having and all the rain I am sure he has not had to even take a drop...

Bill

[Mr VJP]

I believe it is illegal to have any alcohol in your possession while hunting.  It is also dangerous as it can impair you judgment, even in small quantities, especially when your tired.

One of the safety commandments for hunting is, "never mix alcohol and gunpowder".

Also, consuming alcohol will actually lower you body temperature.  You just feel warmer in your belly.  It does not warm your body temperature up.

[noodle one]

Booze and guns do not mix. Needing a drink to keep the cold out is a joke. Everyone knows or should know that alcohol thins the blood out and that is the last thing you want is thin blood when it is cold. Why don't  you face it , the guy is a boozer. He may be a nice guy and all, but he still is a BOOZER. If he wanted to hunt with me ,I would tell to lose the booze or find someone else to hunt with. If you still want to hunt with him , tell him to drink that home or camp after the hunt is over and DO NOT bring it with him when hunting. This may sound a little stong for you,but then you are better off safe then sorry if something shoud happen and then it is to late to do something.

[sits in trees]

It is illegal to have any alcohol in your possession while hunting.  It is also dangerous as it can impair you judgment, even in small quantities, especially when your tired.

One of the safety commandments for hunting is, "never mix alcohol and gunpowder".

Also, consuming alcohol will actually lower you body temperature.  You just feel warmer in your belly.  It does not warm your body temperature up.

is there actually a law in the NY state books about possession of alcohol while hunting and does that pertain to both private and state lands, because if thats the case i want to make this guy aware of this and will probably avoid hunting with him.

[Mr VJP]

It's not a law specific to the game laws.  It is a NYS law specific to firearm possession.  Call your local police department and ask them.  They can explain the law for you.

[Cabin Fever]

Sounds like an accident waiting to happen. When it does, whether he's under the influence or not, it will be reported that the hunter had a bottle of alochol on him and it will reflect on all of us.

[fasteddie]

I wouldn't hunt with that guy !!!

[Mr VJP]

I'll call the local DEC office for clarification.  I've been told by a dispatcher in the main DEC office it isn't illegal to have a flask on your person while hunting as far as the main DEC office is concerned.  But the guy (who isn't an officer) advised I call the local DEC officer for more details on being intoxicated while hunting.

It's starting to sound like it's similar to driving a car.  Unless you're over the limit, you are OK, but in a car you can't even have an open booze container, even if you haven't had a drop.

In NJ it is illegal to have it on you while hunting, even if you haven't had a drop.  They have it printed in the game laws book too.  NY seems to be different.

[Mr VJP]

OK, the DEC officer said possession while hunting isn't illegal, but hunting while intoxicated is.  It's rarely charged unless another offense or accident is involved.  They use .08 as the level for intoxication, but can charge you with being impaired if the officer smells it on your breath and you seem drunk.  I stand corrected.

You learn something new (and maybe scary) every day.

[fasteddie]

He takes a little nip to keep warm ? Bull-crap ....... the guy is probably an alcohoic and won't admit it . No way would I hunt with a boozer !  ???

[sits in trees]

OK, the DEC officer said possession while hunting isn't illegal, but hunting while intoxicated is.  It's rarely charged unless another offense or accident is involved.  They use .08 as the level for intoxication, but can charge you with being impaired if the officer smells it on your breath and you seem drunk.  I stand corrected.

You learn something new (and maybe scary) every day.

Hey VJP, thanks man this is all i wanted, cold hard fact plain and simple. somehow i knew the opinion givers would not be able to pass on this one.

[Brother Nature]

Some of these responses are unreal!!!!

" He is probably really an alcoholic"

"I wouldn't hunt with this boozer"

WOW, carrying a flask with you in the woods and taking a nip when you get chilly makes you a closet alcoholic??...LMFAO!!!!

I carry a flask with me when I go fishing when I remember to do it. I am by far an alcoholic. Granted I am not carrying a firearm, but still.....

People say it thins your blood and makes you colder which is probably 100% accurate, but no one can deny the fact that if you are freezing and you take a quick sip of something hard, then you do feel warmed up...

I am really new to this site, but I have  noticed some "holier than though" attitudes here...

I guess this ain't my grandpa's hunting anymore....

So I stand around my truck and have a beer with my hunting buddies after we come out of the woods for the day. I then get in my car after the one beer and drive home or back to hunting camp? Am I a dangerous hunter / person???

[nyantler]

Booze and guns, just like booze and vehicles don't mix. Bring coffee if you want to keep warm.

[cprsailor]

It's not about whether this guy's an alcoholic or what he should do to keep warm. Bottom line is, as a hunter you have a responsibility to yourself and others in the woods. There would be no question of right or wrong if the situation was "my buddy likes to keep a flask in his car to take a nip now and then because his heater doesn't work and he gets cold." That would be considered irresponsible and illegal. You can't legislate common sense so don't blame NYS. Tell him to save it for when he's safely home or back at camp after the hunt.

[Mr VJP]

I could see having a flask to celebrate a nice buck being taken.  But it would only be enjoyed with the buddies after the guns were empty and the buck had been field dressed.

Now that I know it's legal, I just might put one in my back pack from now on.  It would go real well with the celebratory cigar I have in there now.

Actually, this is a ritual that used to be practiced in my Grand Dad's day, but like me, most hunters today think it's illegal.  I'm actually impressed that it isn't and the choice is left up to responsible adult hunters, not the government.

;D

[fasteddie]

Some of these responses are unreal!!!!

" He is probably really an alcoholic"

"I wouldn't hunt with this boozer"

WOW, carrying a flask with you in the woods and taking a nip when you get chilly makes you a closet alcoholic??...LMFAO!!!!

I carry a flask with me when I go fishing when I remember to do it. I am by far an alcoholic. Granted I am not carrying a firearm, but still.....

People say it thins your blood and makes you colder which is probably 100% accurate, but no one can deny the fact that if you are freezing and you take a quick sip of something hard, then you do feel warmed up...

I am really new to this site, but I have  noticed some "holier than though" attitudes here...

I guess this ain't my grandpa's hunting anymore....

So I stand around my truck and have a beer with my hunting buddies after we come out of the woods for the day. I then get in my car after the one beer and drive home or back to hunting camp? Am I a dangerous hunter / person???

DENIAL is not a river in Egypt . If you need to take a drink because your cold is a poor excuse . I hope the guy isn't a Heavy Equipment Operator working out in the cold !

[wztirem]

I will not hunt with anyone who drinks alcohol while hunting; its potentially a dangerous situation for all.  Its bad enough that I have to suffer fellow employees who enjoy liquid lunches at work.

[NYDeer]

We don't bring booze, they're for after the trip home, at home..

[nyantler]

I'm kinda curious why you can't wait til you get to camp or home to have that beer Brother?

[Daveboone]

I have a former hunting partner that filled his pockets with beer cans prior to heading out. You can find the way to his stand by the empties. He has a problem (thus, I dont hunt with him anymore). Another current hunting partner seldom drinks alcohol, but he does carry a small flask, primarily to toast succsess and friends remembered. He has been known to nip at it- but NEVER has it been a concern. I happily hunt with him. There is alot of gray area here. Myself, no alcohol for me or hunting partners while still hunting...but we may gently bend the rules for a toast.

[nyantler]

If I want to stay warm I'll put on a better pair of socks

[ELMER J. FUDD]

I just heard on the radio, " 2 L.I. hunters were arrested in Ulster County" They said the one guy looked like he was having a medical problem, so the officers approached and realized he and his partner were drunk coming out of the woods. This was at mohonk preserve I think.

[Doewhacker]

Wouldn't transporting a flask to your hunting spot violate the open container law?  My guess is yes so you would be breaking a law before even getting to your spot, unless of course you have it at a camp and fill it there. Just another reason not to do it in my opinion, save the celebration for a safe place.

[WNYBuckHunter]

As long as its in the trunk or back of the truck while you are driving, it would be ok.