Deer Stand on a trailer

[bkln]

OK, here is the scoop. We all know that shooting from the motor vehicle is prohibited in the NY Republic. But how about if this stand is located on your trailer that is no longer attached to the vehicle that towed it. What I mean by that is this: you have a 10-15ft deer stand mounted on your utility trailer. You drive to the field, leave the trailer with the stand at the desired location and park your car 100 yards away. It is technically not a permanent stand (which is kosher on any state land) and it is not attached to anything (well, except the trailer :-)). I have analyzed the DEC regulations backwards and forwards and could not find a word regarding such setup. Do you fellows have any experience with that? I will call DEC and I will inquire regarding the same, just wanted to get your take on it....

Regards,

Mark

[Lawdwaz]

It's got to be legal, no motor.  Do it

Edit to add.......My buddy and I built one on a old steel wheeled hay wagon at a place we hunt in PA.  It works out real good on those typical opening day deer hunts!

[catskillkid]

I saw a couple of them from the highway while traveling to Ohio to hunt last year. They were enclosed hay wagons with an enclosed boxed out stand on top with roof and windows on all four sides. What a great way to stay out of the wind, cold, rain & snow! Keep a small propane heater inside and a shooting bench. Just pull it with a tractor the day before the hunt to any spot on your land and detach the tractor and drive back to the barn. I'm sure the deer will just ignore it like any other piece of farm equipment in the field. It really is just a raised ground blind and the deer would not pick up any body movement.

I want to build one for myself for the coming deer season. I'm looking for and old wagon frame on wheels. I might feel a little guilty staying warm and dry while my buds are toughing it out in the elements though. Or maybe not!  ;D

[fasteddie]

Uhhhhhh , it must be legal . The Nuge has one and we all know that everything he does is legal !  :

[MuzzyLoader]

DANG...

You could even pull a wagon into a field with hay bales strategically situated to be a blind.  A propane heater -WOW  ???  .  With one of those and a little 'shanty' I could become more than a 'fair-weather' hunter.  Okay Mother Nature... Bring it On!

[catskillkid]

I don't know if hay bales and a propane heater would go good together. I would shoot the deer before lighting the propane, then we could cook venison over the burning hay bale. I'm sure we would be seen for miles and attract a few fire trucks for the bbq. 

[fasteddie]

My sister in law's neighbor has a horse trailer set up in his lower pasture lot and has taken several deer from there . He has a heater and refers to it as his "condo" .

[catskillkid]

Sounds good, no cover scent needed also

[WNYBuckHunter]

Go for it, its totally legal. I have thought a few times about building a portable shooting house like that. If you were to make it that tall, a utility trailer isnt going to be a large enough footprint to be stable, make some removable braces that would go to the ground around the trailer to help stabilize it. If you built it right, you could even park your wheeler on the trailer under the stand.

One thing about using it on state land, you arent supposed to be driving any motor vehicles off the road, so it wouldnt be very useful for that.

[phade]

I can't comment on the formal legality, but in Region 8....I know of two citations that have been issued for this type of deal. small utility trailer with built blind on it overlooking a field. A wheeler was used to move it to new locations throughout the season.

Apparently it's the wheels/axle that make the difference from the way it was explained to me.

Again, I can't comment more on it, but I've personally seen two citations for it. (Thankfully not my citation).

Seems a bit of a stretch.

[shenders]

As a person who works in law enforcement it is not a vehicle. THe reason being that there is no motor to move the vehicle. That is why it is stated trailer on the plate. The funny thing is that if you are riding yourtractor on your property and are drunk you can get a DWI. Due to the fact that it is a vehicle with a motor.

§ 125. Motor  vehicles. Every vehicle operated or driven upon a public

  highway which is propelled by  any  power  other  than  muscular  power,

  except  (a)  electrically-driven mobility assistance devices operated or

  driven by a person with a disability, (a-1) electric personal  assistive

  mobility  devices  operated  outside  a  city  with  a population of one

  million or more, ( vehicles which run only upon rails or  tracks,  ©

  snowmobiles  as  defined in article forty-seven of this chapter, and (d)

  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this

  chapter.  For the purposes of title four of this chapter, the term motor

  vehicle shall exclude fire and police vehicles  other  than  ambulances.

  For  the purposes of titles four and five of this chapter the term motor

  vehicles shall exclude farm type tractors and all terrain type  vehicles

  used  exclusively  for agricultural purposes, or for snow plowing, other

  than for hire, farm equipment, including  self-propelled  machines  used

  exclusively  in  growing,  harvesting  or  handling  farm  produce,  and

  self-propelled  caterpillar  or  crawler-type  equipment  while  being

  operated on the contract site.

We know you can't have your firearm loaded while you a re pulling the trailer with the tow vehicle. But once that trailer is disconnected and standing alone you should be good to go.

[WNYBuckHunter]

I can't comment on the formal legality, but in Region 8....I know of two citations that have been issued for this type of deal. small utility trailer with built blind on it overlooking a field. A wheeler was used to move it to new locations throughout the season.

Apparently it's the wheels/axle that make the difference from the way it was explained to me.

Again, I can't comment more on it, but I've personally seen two citations for it. (Thankfully not my citation).

Seems a bit of a stretch.

You sure it wasnt still hooked to the wheeler, or the person didnt have a gun loaded while moving it? Lots of guys hunt off of parked farm trailers, wagons, equipment, etc. with no issues. I also know guys that have small, old campers that they use.

[hunter]

I had a neighbor who used a horse trailer as a blind 30 years ago in Delaware county but on private land. I don't think you're allowed to leave something like this overnight on state land, if it's legal in the first place. I would also worry about someone stealing it as it doesn"t sound cheap.

[phade]

No it was disconnected. Sat there for two weeks before opener.

You can get a DUI/DWI/DWAI on a bicycle - no motor on that.

Again, when the Econ officer explained it to them, it was the fact it had wheels/axles.

Again, I don't know more than that, but I've personally seen the tickets. It was a family friend and the former fiance of my mother.

[WNYBuckHunter]

I sent an email in to the DEC, so we will see what they say on the subject. 

One way to get around the tire thing though, would be to simply use some removable legs on the bottom, and remove the tires once it is in place.

[landtracdeerhunter]

New York Hunting & Trapping 2010-2011 official guide to laws & regulations, page 18 under hunting definitions-  Motor Vehicle- means every vehicle or device operated by any power other than muscle power including, but not limited to automobiles, trucks, motorcycles ,tractors, trailers, motorboats, snowmobiles, and all-terrain vehicles whether operated on or off pubic highways.  The law is pretty clear to me. no hunting off trailers.  What about bicycles, and wheelbarrows? Muscle power.

[hunter49]

I know the Amish drive their buggys right in the fields & hunt/shoot  from them for deer . Don't know if thats legal ??

[WNYBuckHunter]

If the stand is permanently attached to the frame and the wheels are removed after placing it, is it still a trailer? Thats the question, and what I posed to the DEC in my email. I will wait and see what they say and post it for you guys.

[WNYBuckHunter]

So I finally got a response back from the DEC about the portable blind or stand. Here you all go....

First, the original email....

"I  have a question regarding the possible legality of a deer blind or  stand. I am thinking of building a stand and using a flatbed trailer as a  base so that it would be easily portable. It would basically be a  raised shooting house welded onto a trailer frame with removable legs to  keep it steady once it is positioned. I would move it using a truck or  ATV, and then disconnect it from the vehicle and leave it there (on  private land). I would then be able to reposition it if needed and  remove it from the area after the season is over. I know that hunting  from a motorized vehicle is illegal, but the trailer would not have any  type of motor attached to it. I figured it would be best to make sure  with your department before I go ahead and build it.

Thank You"

Here is the response....

"Thank you for your email. In regards to your recent email, it is legal  to hunt off the trailer you are constructing. However,  it would be  illegal is you kept the truck or ATV attached to it while hunting.  I  have copied the section of law that pertains to your question which you  will find below.

 

 

  No firearm except a pistol or revolver shall be carried or possessed in  or on a motor vehicle unless it is unloaded in both the chamber and the  magazine, except that a loaded firearm which may be legally used for  taking migratory game birds may be carried or possessed in a motorboat  while being legally used in hunting migratory game birds, and no person  except a law enforcement officer in the performance of his official  duties shall, while in or on a motor vehicle, use a jacklight, spotlight  or other artificial light upon lands inhabited by deer if he is in  possession or is accompanied by a person who is in possession, at the  time of such use, of a longbow, crossbow or a firearm of any kind except  a pistol or revolver, unless such longbow is unstrung or such firearm  is taken down or securely fastened in a case or locked in the trunk of  the vehicle. For the purposes of this subdivision, motor vehicle shall  mean every vehicle or other device operated by any power other than  muscle power, and which shall include but not be limited to automobiles,  trucks, motorcycles, tractors, trailers and motorboats, snowmobiles and  snowtravelers, whether operated on or off public highways.  Notwithstanding the provisions of this subdivision, the department may  issue a permit to any person who is non-ambulatory, except with the use  of a mechanized aid, to possess a loaded firearm in or on a motor  vehicle as defined in this section, subject to such restrictions as the  department may deem necessary in the interest of public safety, and for a  fee of five dollars. Nothing in this section permits the possession of a  pistol or a revolver contrary to the penal law.

  Thank you for your concern,

 

 

  Dispatcher 26

 

  NYSDEC

  Office of Public Protection Dispatch Centers

 

  877-457-5680

  www.dec.ny.gov"

Like I said in the first place, perfectly legal.   

[WNYBuckHunter]

Anyone who wants me to forward you the reply from the DEC, let me know. 

[RTF]

Makes sense to me. I already knew the answer, before they replied to you. It's always good though to get something in writing from them though.

[catskillkid]

wnybuckhunter,

Thanks for the time and effort to get the answer directly from the DEC.

I'll now feel more at ease and now completly sure about a trailer stand.

As I said in a prior post, I would like to build one for myself, now I have renewed vigor to finish it.

I would like to have a copy of the letter, please pm it to me. I'll have it in the stand in case questioned by a CO.

Catskillkid

[WNYBuckHunter]

no problem catskillkid, PM me your email address and Ill forward the email to you with the original header, etc so there is no question of the originality.