question on possession of BOOZE.

[Doewhacker]

Good point WNY, I failed to consider the trunk being the ok place to put it for some reason. 

[papabear]

It is illegal to hunt with alcohol on your person and if he is drinking just a sip and some one reports him to the DEC or local Police he will be arrested for drinking while hunting and could loss his hunting rights up to five years with a very hefty fine

Papabear

[jimbo91]

Alright guys calm down, none have you (excluding the OP) have even met the guy. We as hunters get mad when we are judged without being given a fair chance to defend ourselves, so we should not do the same. I have hunted with a guy that brings a flask into and out of the woods. Look at it like this, a flask is usually about 8oz, and a shot is usually 1oz i think, so thats 8 shots. Now do you think this guy is taking shot after shot? If he enters the woods with 8oz of booze and exits with 7oz, i dont really see a problem. Yes it is dangerous and does impair judgement, but people have died hunting completely sober. Owning and using a flask does not make you a boozer. But as i am a man of equality i will say, i can see where the OP and many of you guys are coming from, if he gets in trouble for hunting while intoxicated it will look bad on all of us, but until that happens we should not condemn. Im just trying to drive home two points, look at both sides, and do not judge others, because we hate when people do it to us

[sits in trees]

It is illegal to hunt with alcohol on your person and if he is drinking just a sip and some one reports him to the DEC or local Police he will be arrested for drinking while hunting and could loss his hunting rights up to five years with a very hefty fine

Papabear

i'm sure you could provide proof in the form of a link or something, right.

[papabear]

over 15 years of teaching hunter safety and having a DEC offerer in almost all of the class this came up once or twice and that was the answer I received from law enforcement

Papabear

[sits in trees]

It is illegal to hunt with alcohol on your person and if he is drinking just a sip and some one reports him to the DEC or local Police he will be arrested for drinking while hunting and could loss his hunting rights up to five years with a very hefty fine

Papabear

over 15 years of teaching hunter safety and having a DEC offerer in almost all of the class this came up once or twice and that was the answer I received from law enforcement

Papabear

well i spent countless hours looking thru NYS law and NYS DEC rules and regulations and have found nothing of the sort, and an earlier poster who also spoke to a NYS DEC officer directly disputes what you claim?

like i said in the very first post, cold hard fact is the only thing i'm interested in, not opinions on what people would like the law to be.

[sits in trees]

It is illegal to hunt with alcohol on your person and if he is drinking just a sip and some one reports him to the DEC or local Police he will be arrested for drinking while hunting and could loss his hunting rights up to five years with a very hefty fine

Papabear

and really i would find it alittle over the top if someone could be arrested for taking one sip of booze, and where are the lines drawn, is that on state land, damn if i wanna hunt my own land and take a swig while hunting that should be totally up to me, we arent living in Nazi Germany yet?

[fasteddie]

I really don't care what's legal or not legal about having booze in a person's possession while hunting . I won't hunt with someone who carries or drinks booze when they are out hunting .

[NYDeer]

I really don't care what's legal or not legal about having booze in a person's possession while hunting . I won't hunt with someone who carries or drinks booze when they are out hunting .

I agree.. I'm not the 'LAW', or looking to pass judgment on anyone, what you do is your business..

What concerns me is too many people 'change' when alcohol is added to their bodies, and having high powered guns in the mix won't lead to 'good things'. Just as some may choose to consume while hunting, I choose not to be around them then.. 

Now, when we get home, first rounds on me! 

[sits in trees]

maybe we should outlaw bars and restaurants that sell booze, because by the way you guy's carry on people shouldnt even be allowed to drive after having one or 2 belts.

funny when i started this post i clearly stated that this guy takes one swig, and that i wanted cold hard fact on the legality of posession of alcohol while in the woods. i have gotten everything but??????????

so far not a single link or anything that can truly tell me what the law states.

i couldnt give a crap what anyones opinion is on wether my friend carry's a flask with him when hunting.

[jimbo91]

This is all i could find

http://blog.timesunion.com/tomking/possession-of-a-firearm-while-under-the-influence/225/

[sits in trees]

This is all i could find

http://blog.timesunion.com/tomking/possession-of-a-firearm-while-under-the-influence/225/

yea Jimbo, thats all i could find also, leaves alot of gray area...

[Doc]

Law enforcement loves those gray areas ...... 

[Larry]

OMG there is something NYANTLER and I agree on

[bubba]

maybe we should outlaw bars and restaurants that sell booze, because by the way you guy's carry on people shouldnt even be allowed to drive after having one or 2 belts.

funny when i started this post i clearly stated that this guy takes one swig, and that i wanted cold hard fact on the legality of posession of alcohol while in the woods. i have gotten everything but? ??? ??? ???

so far not a single link or anything that can truly tell me what the law states.

i couldnt give a crap what anyones opinion is on wether my friend carry's a flask with him when hunting.

If you want cold hard fact regarding legality, call an attorney.  Me personally, I would not hunt with any guy who needs to drink to stay warm or any other reason, any more than I would get in a vehicle with anyone who has drank.  If and when he shoots someone after a "swig or two", I will be interested to hear how you justify that, unless you are the one he shoots. Legal or not stupidity should not prevail. 

[sits in trees]

maybe we should outlaw bars and restaurants that sell booze, because by the way you guy's carry on people shouldnt even be allowed to drive after having one or 2 belts.

funny when i started this post i clearly stated that this guy takes one swig, and that i wanted cold hard fact on the legality of posession of alcohol while in the woods. i have gotten everything but? ??? ??? ???

so far not a single link or anything that can truly tell me what the law states.

i couldnt give a crap what anyones opinion is on wether my friend carry's a flask with him when hunting.

If you want cold hard fact regarding legality, call an attorney.  Me personally, I would not hunt with any guy who needs to drink to stay warm or any other reason, any more than I would get in a vehicle with anyone who has drank.  If and when he shoots someone after a "swig or two", I will be interested to hear how you justify that, unless you are the one he shoots. Legal or not stupidity should not prevail.

yea Bub, the mans not a drunk and is probably alot sharper than most hunters in the woods, if he takes a swig it might be one in the afternoon like i said previously. and as far as you not getting into a car with some one who has had a drink, so what, the roads are full of people that have had one or 2 drinks, totally legal up to .08 wether you like it or not. the man is in supreme shape and i have no fear of him shooting me or anyone. the woods are loaded with fat older overweight hunters who eat more pills in a day than you can count that are far more dangerous than my buddy. so thanks for telling me to call an attorney, i thought for sure an all knowing guy like you would have the answer like you do for almost any other topic ;D

[bubba]

maybe we should outlaw bars and restaurants that sell booze, because by the way you guy's carry on people shouldnt even be allowed to drive after having one or 2 belts.

funny when i started this post i clearly stated that this guy takes one swig, and that i wanted cold hard fact on the legality of posession of alcohol while in the woods. i have gotten everything but? ??? ??? ???

so far not a single link or anything that can truly tell me what the law states.

i couldnt give a crap what anyones opinion is on wether my friend carry's a flask with him when hunting.

If you want cold hard fact regarding legality, call an attorney.  Me personally, I would not hunt with any guy who needs to

drink to stay warm or any other reason, any more than I would get in a vehicle with anyone who has drank.  If and when he shoots someone after a "swig or two", I will be interested to hear how you justify that, unless you are the one he shoots. Legal or not stupidity should not prevail.

yea Bub, the mans not a drunk and is probably alot sharper than most hunters in the woods, if he takes a swig it might be one in the afternoon like i said previously. and as far as you not getting into a car with some one who has had a drink, so what, the roads are full of people that have had one or 2 drinks, totally legal up to .08 wether you like it or not. the man is in supreme shape and i have no fear of him shooting me or anyone. the woods are loaded with fat older overweight hunters who eat more pills in a day than you can count that are far more dangerous than my buddy. so thanks for telling me to call an attorney, i thought for sure an all knowing guy like you would have the answer like you do for almost any other topic ;D

The really funny part is I gave you the answer, but you refuse to see it. You started  this post and argue with everyone who gives you the same  response.  You didn't want answers, you wanted validation for hunting with a guy who drinks while hunting.  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.  If your life means that little to you hunt with him. I could care less, and will not be attending your funeral.  Eat drink and be merry, but the smart thing would be to not include guns in your party.  Now go ahead and attack me for again pointing out what common sense would say.  And did you realize that .08 is the limit for legal intoxication.  .04 is the limit for impairment.  One beer or  aswig ro two will put most people in the area for impariment.  So then you are breaking the law while driving or hunting.  So since it was a legal issue you wanted answered, there is your answer. 

[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" ...... 

[bubba]

and there never will be any

[papabear]

sits in trees  look no one here cares about your friend and you drinking most of us agree we will not Hunt with him or any one like him if you wish to hunt with a man the just has a sip to keep warm  go ahead I will say a pray for him or you which ever gets shot first but will not feel bad for either the one who gets shot or the one doing the shooting as both live would be ruined it will happen  I know for a fact from first hand knowledge I seen it happen with my dad and his hunting Buddy's just a sip to stay warm till one of them got shot lucky for him it was just his wrist them MY own dad who keep shooting a deer with his 30/06 turned out it was a lawn ordainment he had to replace  but it all stared with a sip to stay warm I wish you both luck in the woods with your hunt and I hope the person who gets shot is not a person you don't know pleas keep it in your hunting party

papabear

[sits in trees]

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? i thought there might just be one attorney or NYS CO on this site who could help me out, instead i get a bunch of alcohol fearing puritanical hogwash/preaching about the evils of booze, and zero fact. i can see i came to the wrong place for any kind of intelligent support here, save it for church boys, nuff said.

[sits in trees]

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,

[papabear]

instead i get a bunch of alcohol fearing puritanical hogwash/preaching about the evils of booze, and zero fact. i can see i came to the wrong place for any kind of intelligent support here, save it for church boys, nuff said.

well since i am a minister.  This is  all I'm going to say on this subject. May god be with you and your friend during your  hunting trips.

Reverend Bill

papabear

[bubba]

can you say DENIAL?  Rehab it will help

[Mr VJP]

Well boys, I started my response to this post thinking it was illegal.  I went straight to the local DEC and found the younger guys didn't know the answer, and they tried hard to find the law that makes it illegal.  A man with 20 years in the field set them all straight telling them having a flask on your person while hunting is NOT illegal.  Maybe not a good idea, but NOT against the law.

For anything to be illegal, there must be a written statute on the books.  If this 20 year man was wrong in his answer to me, someone post the statute.  If no one can do that, I'll continue to believe a man who would, by his own admission, arrest anyone for possessing alcohol while hunting, if it were actually illegal.

I give this tenured DEC officer a great deal of credit for his honesty, and despise any officer who bull slings to intimidate and abuse his authority.

DEC officers don't get to decide what is illegal or legal.  They can only enforce the laws that are on the books.