Discharge Laws

[upstatehunter]

I always read the laws every year on the DEC site and I didn't see anything about how far off a road you need to be to discharge a fire arm. It only says you can't shoot and have a bullet pass over a road. Anyone have any info?

[Mr VJP]

As far as I know, unless the rules have changed, you can't shoot across a road, over any part of a road, or from a road.  Once you are off the road and shooting away from it, you are legal.

 

[upstatehunter]

My time hunting in southern tier is spent on state land and have more than once saw a deer off the edge while walking to where I was going and never knew what the distance was you needed to be off a road.

[growalot]

You need to be off any maintained part of the road...this would be on the field side of culvert ditch.

[upstatehunter]

Growalot - that's what I'm trying to find. There site just says you can't shoot across a road

[G-Man]

You need to be off road right of way, though a dirt road my be 30 ft wide the right of way may be 50 ft or 25 from the centerline, the general rule of the field side of a ditch is a good guideline as ditches are usually at the edge of the right away. Add a few feet and you'll be 99% safe

[fasteddie]

I was under the impression that a property line was 30 feet from a highway center line .

[upstatehunter]

Can someone tell me where I can find all this information

[Mr VJP]

It's not legally addressed in the game laws too specifically.  As long as you are not on the road, or shooting over any part of it, you are not violating any law.  Though some folks may want to get specific about the details, the law doesn't.

 

[Paula]

Can someone tell me where I can find all this information

Email them, I did a few years ago. The response was something like off road not across road and not near a dwelling

[upstatehunter]

I have a piece of property I hunt and the only per say good pinch point I can find is about 50 yards of the road(back back road) and I only bow hunt this property and didn't know how legal it would be......I haven't shot a deer on this property due to the fact I haven't wanted to sit there because I wasn't 100% sure.....I know it sounds crazy but I can't get them to commit to a trail after that point

[Four Season Whitetail's]

When some guys i knew that hunts Letchworth do drives and 1 guy walks right down the edge of the woods on the grass.just off the rocky side of the road. Many a deer have been shot from the side of the road on the park. 100% within the law as long as the shot does not cross the park road.

[DirtTime]

I thought it used to be 50 feet from a road. I can't find anything but this regarding the laws:

Question: How far off the highway must I be before I can discharge my firearm, crossbow or longbow?
Answer: The Environmental Conservation Law prohibits you from discharging the firearm, crossbow or longbow in such a manner that the arrow, bolt, bullet or load of shot passes over any portion of the highway, which may include maintained portions including the shoulder, drainage ditches, etc.

 

 

Taken from this page:

http://www.dec.ny.gov/regulations/2442.html

 

 

[Paula]

I thought it used to be 50 feet from a road. I can't find anything but this regarding the laws:

Taken from this page:

http://www.dec.ny.gov/regulations/2442.html

He knew that already

[fasteddie]

Pretty vague ..... no mention as to how far from the road a person has to be .

 

Question: How far off the highway must I be before I can discharge my firearm, crossbow or longbow?
Answer: The Environmental Conservation Law prohibits you from discharging the firearm, crossbow or longbow in such a manner that the arrow, bolt, bullet or load of shot passes over any portion of the highway, which may include maintained portions including the shoulder, drainage ditches, etc.

[bkln]

I think it's literally 2 feet as long as it's not "city/town owned" then you free to fire....check your local maps what govt owns, then you good to go.

[Doc]

Ok, here is what they say on the DEC internet site.

 

Question: How far off the highway must I be before I can discharge my firearm, crossbow or longbow?
Answer: The Environmental Conservation Law prohibits you from discharging the firearm, crossbow or longbow in such a manner that the arrow, bolt, bullet or load of shot passes over any portion of the highway, which may include maintained portions including the shoulder, drainage ditches, etc.

 

 I am interpreting that to mean that when fired, your muzzle cannot be within that definition of the highway since doing so would cause the shot to pass over that portion of the highway that they have defined.

 

What is really purposely confusing is the word "may". I don't understand why they put that in there.

 

So, they are not defining it as "the highway and all legal right-of-way property". They are defining it only as "maintained portions including the shoulder, drainage ditches, etc." ....... And who the hell knows what is being implied with the etc. slapped on the end?... lol.

[jjb4900]

so, if they cut the grass 50' from the road edge, you must be beyond that point......if there is only a maintaned culvert or drainage ditch, you must be beyond that point....if there's a guardrail, you must be beyond that. I don't find it too confusing at all.

[G-Man]

Exactly any maintained portion, which is usually the right of way,but town roads may have a ditch or may not, right of way is easily looked up in a town platbook.

[WNYBuckHunter]

Ok, here is what they say on the DEC internet site.

 

Question: How far off the highway must I be before I can discharge my firearm, crossbow or longbow?

Answer: The Environmental Conservation Law prohibits you from discharging the firearm, crossbow or longbow in such a manner that the arrow, bolt, bullet or load of shot passes over any portion of the highway, which may include maintained portions including the shoulder, drainage ditches, etc.

 

 I am interpreting that to mean that when fired, your muzzle cannot be within that definition of the highway since doing so would cause the shot to pass over that portion of the highway that they have defined.

 

What is really purposely confusing is the word "may". I don't understand why they put that in there.

 

So, they are not defining it as "the highway and all legal right-of-way property". They are defining it only as "maintained portions including the shoulder, drainage ditches, etc." ....... And who the hell knows what is being implied with the etc. slapped on the end?... lol.

 

They have to make it vague, as ROW is different per county/town.

[ringwood]

ROW vary by highway ownership. 66' is a common width for the most narrow roads I.e. towns, but can be hundreds of feet wide on state or federal highways, which is why the reg is so vauge. Most road maintenance follows inside the row so infrastructure and mowing is your best guide.

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[wooly]

Basically....., don't shoot a vehicle, a dwelling, or a pedestrian, and none of this will ever come into question.

[Doc]

Yeah, I love the use of the term "etcetera" in the wording of laws.

[WNYBuckHunter]

You were reading an FAQ, not a law. Id be surprised to see "etc" in the actual wording of the law.

[growalot]

Out here it is 30ft from center for most roads...I know because The town came through with there new tree chopping monstrosity(I call it the disease spreader) and chewed up some pine I had planted and watched carefully for 6 or so years. The highway super at the other end of the line found out exactly what "getting ones Irish up" really means. Also that I know a bit about ROW...he came out with his measuring stick...and then came back from the local nursery with 5 ft pine trees... the road guys now know ...at least where we live where the ROW ends. Now the electric company has a whole different line of ROW that extends under their wires so many feet. They had contractor come through this year...they stopped here weeks before and the day of the cutting to ask about trees under the lines that were what one would consider lawn...Many years ago I said top the maple...this year I said drop it but leave the choke cherry bush/tree next to it....they did and neatly stacked the fire wood at the base...Then I also said to trim the oaks branches over/under the lines but don't damage the oak...they did a great job and I had them leave the chips from the hill here..... so they didn't have to drive this hill to empty the trucks...