Exit 119

[Culvercreek hunt club]

10 minutes ago, chrisw said:

Let me preface this with the fact that the original post is a strange one and I do not agree with it. But, one of my best friends is a DEC officer, he catches people in these types of scenarios frequently during deer season. What he has told me is... Most officers take into account if the property is posted and yes LEGALLY, if the person is a repeat offender etc... Most of the time if the person is a first time offender and the property isn't properly posted then they are issued a warning. If they are caught a second time, ticket, no questions asked. In my opinion who the hell owns large chunks of property and is too lazy to post it? Now it doesn't mean it's fair game by any means but I know if I owned land there'd be a posted sign on every other border tree.

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Spot on Chris. Sections of the Law even require written notification after the first offense. I would assume the written warning from the DEC would fill that requirement.  It really doesn't take much to be posted legally and some folks don't understand what legal is. 660' between signs. That is one sign every two football fields + in length. 

[Culvercreek hunt club]

6 minutes ago, WNYBuckHunter said:

LOL, If Im using a rifle with a magazine, and I drive between hunting spots, I dont unload the magazine, I make sure the rifle is unloaded, put the round that was in the chamber back in the magazine, and put that magazine in my pocket with the rifle in the back seat. Good to go!

The one kinda silly law that you can and will get pinched on, is leaning a loaded firearm against a vehicle. I was there when two of my buddys got those tickets. Rifles leaned against the tire, even with no round in the chamber, they got tickets.

He's quoting the definition out of Penal law 265 as a stand alone law. It isn't

[jjb4900]

Just now, Culvercreek hunt club said:

He's quoting the definition out of Penal law 265 as a stand alone law. It isn't

right, possession of a loaded firearm in a motor vehicle is a DEC law, not a Penal law.

[Culvercreek hunt club]

3 minutes ago, jjb4900 said:

right, possession of a loaded firearm in a motor vehicle is a DEC law, not a Penal law.

But NY Environmental law doesn't have the same legal definition of what a loaded firearm is. 

Edited November 21, 2019 by Culvercreek hunt club

[Al Bundy]

1 minute ago, WNYBuckHunter said:

The one kinda silly law that you can and will get pinched on, is leaning a loaded firearm against a vehicle. I was there when two of my buddys got those tickets. Rifles leaned against the tire, even with no round in the chamber, they got tickets.

This one sticks in my craw. I would have fought this tooth and nail.

I see large parcels of land unposted all over where I hunt. Its usually a factor of owners not wanting to take the time to post.  Its work, time and a bit of cash. 

I do think AuburnNYC hit it with his post. Though maybe immoral, does not seem to be technically illegal.  I would not want to be in court trying to convince a judge who likely does not know the law, or does not care though. You lose in the eyes of the law and the laws of morality. 

[moog5050]

some people get paid to argue the proper interpretation of the law.   might be worth a go fund me effort.  lol

[jjb4900]

14 minutes ago, Culvercreek hunt club said:

But NY Environmental law doesn't have the same legal definition of what a loaded firearm is. 

true...and I'm a little rusty on the Penal Law, but I don't believe possessing a loaded firearm in a vehicle is a stand alone violation according to the NYS Penal Law.

Edited November 21, 2019 by jjb4900
spelling

[UpStateRedNeck]

55 minutes ago, chrisw said:

Let me preface this with the fact that the original post is a strange one and I do not agree with it. But, one of my best friends is a DEC officer, he catches people in these types of scenarios frequently during deer season. What he has told me is... Most officers take into account if the property is posted and yes LEGALLY, if the person is a repeat offender etc... Most of the time if the person is a first time offender and the property isn't properly posted then they are issued a warning. If they are caught a second time, ticket, no questions asked. In my opinion who the hell owns large chunks of property and is too lazy to post it? Now it doesn't mean it's fair game by any means but I know if I owned land there'd be a posted sign on every other border tree.

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There's alot of land in the helderbergs like that.  I'd say of the property that borders ours, roughly 10% is posted.  Old posted signs fall off, owners get older and don't want to risk breaking their legs walking up and down hills.  There's enough resources in this day and age to know Exactly where property lines are and where you are allowed to hunt.

Access is the biggest problem for hunting.  When you trespass, especially with a damn rifle, you're putting other people at risk, and making the rest of us look like crap.  If you don't pay the property taxes on it or have written permission to hunt it, stay the eff off it.

Edited November 21, 2019 by UpStateRedNeck

[BizCT]

58 minutes ago, chrisw said:

Let me preface this with the fact that the original post is a strange one and I do not agree with it. But, one of my best friends is a DEC officer, he catches people in these types of scenarios frequently during deer season. What he has told me is... Most officers take into account if the property is posted and yes LEGALLY, if the person is a repeat offender etc... Most of the time if the person is a first time offender and the property isn't properly posted then they are issued a warning. If they are caught a second time, ticket, no questions asked. In my opinion who the hell owns large chunks of property and is too lazy to post it? Now it doesn't mean it's fair game by any means but I know if I owned land there'd be a posted sign on every other border tree.

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Most of town/city big land acreage parcels near me is not posted. But it is also not huntable. I guess that's why people take the risk and sneak in? I prefer to enjoy hunting legally than worry about getting kicked out

Edited November 21, 2019 by Biz-R-OWorld

[AuburnNYC]

32 minutes ago, jjb4900 said:

true...and I'm a little rusty on the Penal Law, but I don't believe possessing a loaded firearm in a vehicle is a stand alone violation according to the NYS Penal Law.

This has gone way off topic but may be helpful for people who are carrying loaded long guns...

I'm not a lawyer so do your own research but in short I wouldn't carry any loaded gun in a vehicle... period.

It's technically an environmental law but New York will apply it regardless of circumstance.

A guy in New York City was prosecuted under the environmental code and found guilty basically because the court personally considered carrying a loaded shotgun a "thoughtless hazard".

The decision reads like a high school AP english student trying to sound intelligent but you can see it below if anyone is interested.

 

Relevant Environmental Law:

https://www.nysenate.gov/legislation/laws/ENV/11-0931

 

Court Case:

https://www.leagle.com/decision/196399538misc2d9572710

"And indeed, would it not border upon the macabre to hold that this statutory language which evinces the expressed purpose of protecting human life from the thoughtless hazards of carrying loaded shotguns and rifles in automobiles should be applicable only in areas where feathered and fur-bearing animals can be the quarry, but have no applicability in the metropolitan areas of human congestion? "

[Buckmaster7600]

There's alot of land in the helderbergs like that.  I'd say of the property that borders ours, roughly 10% is posted.  Old posted signs fall off, owners get older and don't want to risk breaking their legs walking up and down hills.  There's enough resources in this day and age to know Exactly where property lines are and where you are allowed to hunt.
Access is the biggest problem for hunting.  When you trespass, especially with a damn rifle, you're putting other people at risk, and making the rest of us look like crap.  If you don't pay the property taxes on it or have written permission to hunt it, stay the eff off it.

Exactly in my opinion it would take a real schmuck to go on property that they don’t own or have permission to be on. Someone owns it pays taxes on it why the hell should they have to post it? I don’t have a posted sign or my name on my trucks and if they’re in my driveway the keys are in the ignition yet it’s not okay for someone to just come take it without my permission so why in the hell do people think it’s ok to go on land that brings to someone else there’s no difference.


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[the blur]

6 minutes ago, Buckmaster7600 said:

I don’t have a posted sign or my name on my trucks and if they’re in my driveway the keys are in the ignition yet it’s not okay for someone to just come take it without my permission so why in the hell do people think it’s ok to go on land that brings to someone else there’s no difference.

Try that in Middletown, and let us know if your truck is there in the morning 

[chrisw]

My biggest reason for posting would be that in the event someone does want to access my property that they have the proper avenue to readily find my contact information. Then they have no reason to not contact me first. Having property and not feeling like posting it isn't a good idea in this day and age in my opinion. Same reason I lock my house door at night, noone should do anything illegal but if it's a simple "safeguard" then why the hell not??

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[Buckmaster7600]

There's alot of land in the helderbergs like that.  I'd say of the property that borders ours, roughly 10% is posted.  Old posted signs fall off, owners get older and don't want to risk breaking their legs walking up and down hills.  There's enough resources in this day and age to know Exactly where property lines are and where you are allowed to hunt.
Access is the biggest problem for hunting.  When you trespass, especially with a damn rifle, you're putting other people at risk, and making the rest of us look like crap.  If you don't pay the property taxes on it or have written permission to hunt it, stay the eff off it.

Exactly in my opinion it would take a real schmuck to go on property that they don’t own or have permission to be on. Someone owns it pays taxes on it why the hell should they have to post it? I don’t have a posted sign or my name on my trucks and if they’re in my driveway the keys are in the ignition yet it’s not okay for someone to just come take it without my permission so why in the hell do people think it’s ok to go on land that brings to someone else there’s no difference.


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[Buckmaster7600]

Try that in Middletown, and let us know if your truck is there in the morning 

That’s another reason I don’t live in “Middletown” not that I know where the hell it is.


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[DirtTime]

Trespassing is trespassing! It's right there with poaching in my book! Already been stated by a few in this thread, if it's private land and you don't own it or have proper permission to be on it, stay the hell out!

It's a punk move to be on land you have no right to be on, and I was being very kind with my wording.

Every hunter is an ambassador for our sport, stupid actions do not help our cause.

[Buckmaster7600]

Middletown is in Orange County and just a Stones Throw from NYC. Yeah-- there is no keeping your keys in the ignition in a unlocked vehicle down here! Just last year around this time-- my Sister and Brother in law were parked and walking toward an unnamed big box store for some Christmas shopping and my Brother in law saw the danger first. A young Tough was snaking his way around parked cars to get closer and then started a fast walk towards my Sister's Purse. My Brother in law wheeled around and the young Punk veered away fast. Not rural down here. I have taught Hundreds of people over the Decades and the most important thing and your 1st line of Self Defense is your Awareness. Carry yourself in a confident- but not Cocky manner and Aware of your surroundings and a would be Muggers will pick up on this. They are looking for people with Cell phones stuck to their ears or Texting in Malls. You might as well paint a big Orange X on their back-- TARGET!   This Thread took a few turns. Stay Safe out there and consider Self Defence training-- you - not just your children you drop off at Tae Kwon Do .

Yea, sounds like a nice place to live. I’ll definitely be looking into moving down there!


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[BizCT]

Middletown is in Orange County and just a Stones Throw from NYC. Yeah-- there is no keeping your keys in the ignition in a unlocked vehicle down here! Just last year around this time-- my Sister and Brother in law were parked and walking toward an unnamed big box store for some Christmas shopping and my Brother in law saw the danger first. A young Tough was snaking his way around parked cars to get closer and then started a fast walk towards my Sister's Purse. My Brother in law wheeled around and the young Punk veered away fast. Not rural down here. I have taught Hundreds of people over the Decades and the most important thing and your 1st line of Self Defense is your Awareness. Carry yourself in a confident- but not Cocky manner and Aware of your surroundings and a would be Muggers will pick up on this. They are looking for people with Cell phones stuck to their ears or Texting in Malls. You might as well paint a big Orange X on their back-- TARGET!   This Thread took a few turns. Stay Safe out there and consider Self Defence training-- you - not just your children you drop off at Tae Kwon Do .

A stone’s throw from NYC? What’s it like 75 miles away? That’s like buffalo to Rochester


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