question on possession of BOOZE.

[fasteddie]

I asked one of the DEC guys a question years ago about using deer decoys . I told him I couldn't find anything in the regs that said it is legal .

Then he said , "If the regulations Booklet doesn't say it's illegal , then it's legal" ! He sounded like he was having a bad day . There is a lot of stuff that isn't in the Regs that you would think would be common sense but I couldn't find anything about carrying booze on your person . I prefer to see those things in black and white but can't get anything on the booze issue .

[bubba]

I plan to sk my dec buddy who answers questiond for me all the time.  Legal or not it is still stupid

[jimbo91]

This has kinda spiraled out of control...

[bubba]

the same as taking a swig to warm  up can spiral out of control. I emaile dmy friend who is a dec eco supervisor in my area.  The response I got was that there is no law against carrying a flask with alcohol in it while hnting. However there is a laws against being under the inflience while hunting.  In his words, "If I find a can of beer while doing s check, be prepared for a lot more scrutiny and closer checking."  He is a long term employee and a leiutenant in my area.  So carry away, but you are breking the law by consuming alcohol while hunting.

[jimbo91]

Well, it don't get more definitive than that lol

[covert]

wait a minute, isnt this forum or any forum a place for a person to get information and maybe just maybe not have to get a load of useless opinions and "my feelings about this" posts?

Personally I always looked at internet forums as mainly a place to get a load of opinions and "feelings" posts.  When I want facts I usually try reference type sites.

Anyway, I found the laws you're looking for here.

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?+&QUERYDATA=alcohol%20AND%20hunting+&SEARCH=SEA+&BROWSER=EXPLORER+&TOKEN=20163133&TARGET=VIEW

"§ 11-1201. Definitions.

    For the purposes of this title:...

2.  "Intoxicated  condition" shall mean the presence of .10 of one per

  centum or more by weight of alcohol in a  person's  blood  as  shown  by

  chemical  analyses  of his blood, breath, urine, or saliva made pursuant

  to section 11-1205 of this title. An "impaired condition" shall  mean  a

  state of impairment of a person's capacity to think or act correctly, or

  of  a loss, even in part of a person's control of his physical or mental

  faculties due to his consumption of alcohol or use of a drug."

"§ 11-1203. Hunting while intoxicated prohibited.

    1.  No  person  shall  engage in hunting while he is in an intoxicated

  condition.

    2. No person shall engage in hunting while his ability  to  engage  in

  such  hunting  without  creating unreasonable risk of injury or death to

  himself or other human life is impaired by his consumption of alcohol or

  use of a drug."

"§ 11-1205. Enforcement....

2. Any person engaged in hunting in this state shall be deemed to have

  given his consent to a chemical test of his  breath,  blood,  urine,  or

  saliva  for  the purpose of determining the alcoholic or drug content of

  his blood, provided that such test is administered at the direction of a

  police  officer  or  officer  of  the  department  of  environmental

  conservation:  (a)  having  reasonable grounds to believe such person to

  have been engaged in hunting in violation of any subdivision of  section

  11-1203  of  this title, and within two hours after such person has been

  placed under arrest for any such violation,  or  (  within  two  hours

  after  a  breath  test,  administered  pursuant  to  the  provisions  of

  subdivision one of  this  section,  indicates  that  alchohol  has  been

  consumed  by  such  person,  and  in  accordance  with  the  rules  and

  regulations established  by  the  law  enforcement  unit  of  which  the

  administering officer is a member."

Obviously there is more information at the link but I didn't want to copy it all and end up with a three page post, so you'll have to go there if you want to read the whole thing.

I didn't notice anything specifically prohibiting possession, but it does concern consumption; which you also mentioned.

[Doc]

Or as the old story goes, this is not about me, but I have a friend.  You seem way too defensive for a guy who is talking about a friend. 

Ha -ha that is funny. The same thing was running through my mind. As the protest kept growing with each reply, I started getting the same idea that maybe there is no "friend" ...... 

and yea Doc, you just never let us down, this is pretty much the school yard response i would expect from you,

Oh, lighten up a bit! for crying out loud. You seem to be the only one here that is trying to defend the booze and gunpowder mix. And you keep going on and on about it as if you are looking for approval. Thankfully, I don't think you will find too many that do approve, but don't be getting upset if you happen to get a few opinions on a forum. It's kind of what forums are for.

Doc

[WNYBuckHunter]

wait a minute, isnt this forum or any forum a place for a person to get information and maybe just maybe not have to get a load of useless opinions and "my feelings about this" posts?

Personally I always looked at internet forums as mainly a place to get a load of opinions and "feelings" posts.  When I want facts I usually try reference type sites.

Anyway, I found the laws you're looking for here.

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?+&QUERYDATA=alcohol%20AND%20hunting+&SEARCH=SEA+&BROWSER=EXPLORER+&TOKEN=20163133&TARGET=VIEW

"§ 11-1201. Definitions.

    For the purposes of this title:...

2.  "Intoxicated  condition" shall mean the presence of .10 of one per

  centum or more by weight of alcohol in a  person's  blood  as  shown  by

  chemical  analyses  of his blood, breath, urine, or saliva made pursuant

  to section 11-1205 of this title. An "impaired condition" shall  mean  a

  state of impairment of a person's capacity to think or act correctly, or

  of  a loss, even in part of a person's control of his physical or mental

  faculties due to his consumption of alcohol or use of a drug."

"§ 11-1203. Hunting while intoxicated prohibited.

    1.  No  person  shall  engage in hunting while he is in an intoxicated

  condition.

    2. No person shall engage in hunting while his ability  to  engage  in

  such  hunting  without  creating unreasonable risk of injury or death to

  himself or other human life is impaired by his consumption of alcohol or

  use of a drug."

"§ 11-1205. Enforcement....

2. Any person engaged in hunting in this state shall be deemed to have

  given his consent to a chemical test of his  breath,  blood,  urine,  or

  saliva  for  the purpose of determining the alcoholic or drug content of

  his blood, provided that such test is administered at the direction of a

  police  officer  or  officer  of  the  department  of  environmental

  conservation:  (a)  having  reasonable grounds to believe such person to

  have been engaged in hunting in violation of any subdivision of  section

  11-1203  of  this title, and within two hours after such person has been

  placed under arrest for any such violation,  or  (  within  two  hours

  after  a  breath  test,  administered  pursuant  to  the  provisions  of

  subdivision one of  this  section,  indicates  that  alchohol  has  been

  consumed  by  such  person,  and  in  accordance  with  the  rules  and

  regulations established  by  the  law  enforcement  unit  of  which  the

  administering officer is a member."

Obviously there is more information at the link but I didn't want to copy it all and end up with a three page post, so you'll have to go there if you want to read the whole thing.

I didn't notice anything specifically prohibiting possession, but it does concern consumption; which you also mentioned.

Well, there you go, its basically the same as the old DWI laws before they lowered the limit to .08 years ago. It is not illegal to consume alcohol and hunt as long as you are under the legal limit.

[apertureguy]

To answer the original question....No, there is nothing illegal about your partner carrying a flask with him to go hunting.

It is illegal to hunt while intoxicated...but it is NOT illegal to carry a flask while hunting.

You never even mentioned if he was taking a drink from it or not.

Unfortunately, all you got was everyone's opinion...in their rush to be righteous. Kinda funny to watch.

[Doc]

Unfortunately, all you got was everyone's opinion...in their rush to be righteous. Kinda funny to watch.

Opinions posted on an internet forum is not being self righteous. You want legal advice check with a lawyer. You want opinions check out internet forums. You want to talk about booze and hunting, expect that not everyone is going to see that as a positive thing and most will darn quick let you know how they feel. If you want to call that self-righteous, then feel free to twist that term as far as you want.

[Mr VJP]

....i'm not looking for opinions, just cold hard fact regarding the law and am not interested in anyones opinion on whether I should bust him in or not.

I think if we refer back to the original post and see what sits in trees requested, nobody's opinion was warranted.

[ny hunter]

I asked an dec agent up in Roscoe in a check point yesterday.He told me if you are drunk or being rude there would be a problem. he himself had no problem.That said he knows some agents that would take issue with a person with a flask and a gun.Times are changing things are differnt today.His words.

[Doc]

I think if we refer back to the original post and see what sits in trees requested, nobody's opinion was warranted.

Ha-ha.... I think if you also refer back to the first immediate "opinions", yours was the second. I also noted that on several of the replies, sits himself got into the old opinion game (imagine that on a forum ..... lol). Warranted???? ...... How about "expected".

But anyway, opinions were not asked for but were offered ...... So what?

[bubba]

I fI wanted real legal advice, I would consult a lawyer or leo.  I guess it was wanted to be done for him. Maybe he hit hios flask too many times and could not drive to the police station to ask.  A few on here did the leg work for him, and he argued with them.  It is easy to see the real post here. My buddies got after me for drinking while I wa shunting, and do not want to hunt with me anymore. I need proof they are wrong.  Every aspect of what wa sasked is in a word moronic.  I have worked with substance abusers for a long time and they all attack and blame everyone but them selves for the problem.  Anyonr with a half a brain would not hunt with someone who is drinking regardless of the law. 

[Mr VJP]

So what Doc? 

So opinions can be offered and done in a way that isn't judgmental, presumptive or rude.

Any opinion posted that is judgmental, presumptive or rude is not warranted, and surely not appreciated.

[bubba]

aww come on vjp  have a swig and relax. 

[Mr VJP]

OK Bubba.  You buy though.

Let me just unload my gun and put it away first.....

Got a good cigar to go with it?

[ny hunter]

Not to get off the subject but,MR VJP check out JR cigars on line.They have some good deals I just ordered today.If your down my the of the woods I have one waiting for you.

[bubba]

OK Bubba.  You buy though.

Let me just unload my gun and put it away first.....

Got a good cigar to go with it?

ill buy any time as long as we aren't driving.  I dont do cigars, but have a friend who will recommend some good ones and ill get them. 

[fasteddie]

I was hunting in Geneseo today and drove over to the Region 8 DEC office in AVON and asked one of the DEC officers the question . He said if he approached someone and smelled alcohol or saw evidence of drinking he might just look a little further to see if there were any violations . But he said that it is not illegal as long as the hunter isn't intoxicated .

He further stated that taking a swig of alcohol does not warm someone up and that it has the reverse effect .

And don't try to convince mr that Sits wasn't expecting some controversy on the topic !

[jimbo91]

In my opinion.... this has become and argument thread... the answer is simple. Not illegal to have alcohol in your possession, illegal to hunt under the influence. Either way it's not the safest idea, thats not an opinion, that is fact.

[fasteddie]

Make up your mind Jimbo . You started out with opinion and ended up with fact ........ : .... ... ...

[jimbo91]

Part of the joke lol

[Doc]

So what Doc? 

So opinions can be offered and done in a way that isn't judgmental, presumptive or rude.

Any opinion posted that is judgmental, presumptive or rude is not warranted, and surely not appreciated.

Somehow when it comes to drinking and hunting, I really prefer that people be a little judgemental. After all, it is a subject that involves judgement. Good for the members here for speaking their minds on the subject, and thank you for being the second one to get the opinions of condemnation going.

Doc

[Mr VJP]

So what Doc? 

So opinions can be offered and done in a way that isn't judgmental, presumptive or rude.

Any opinion posted that is judgmental, presumptive or rude is not warranted, and surely not appreciated.

Somehow when it comes to drinking and hunting, I really prefer that people be a little judgmental. After all, it is a subject that involves judgment. Good for the members here for speaking their minds on the subject, and thank you for being the second one to get the opinions of condemnation going.

Doc

My first reply had only one opinion in it Doc, and that was, I believe it is illegal to have on you while hunting.  I was very surprised to find it wasn't.  NY law is different than other states in this area.  The rest of the post was fact regarding the use of alcohol while hunting and it's effects on your body.

I didn't condemn the man, nor was I rude or presumptive regarding his character.  I admit that post was a little quick without checking the facts, but I did rectify that in my later posts once I read the man's post a 2nd time and realized what he was looking for.

So Doc, I should not being thanked for something I wasn't a part of.