Exit 119

[jjb4900]

7 minutes ago, blackbeltbill said:

There are  medium tracts of Local land that have been hunted by Locals for Decades. One of these is near me in Bloomingrove. I have hunted that area since 1974. At 10.30am this morning in driving past on Tuthill Road-- 3 Trucks were parked and Deer hunters were out.  I had a Thread about this subject some time ago and Dirt Time and, I had a long exchange. Probably many hundreds of Locals - in the know--- have hunted it. OCFSCs used to release Pheasants on this Land off of Tuthill Road. It is probably around 300+ acres.

There are some parcels of land that the owners don't care about for one reason or another and hunting there would never be an issue, but it's still not right. I could never imagine just pulling up to a parcel of land and helping myself. I hunt State land and DEP property, and believe me those properties are well marked, so venturing off and then playing stupid wouldn't or shouldn't fly....maybe it's just me, but are there really people who think there is land out there that isn't owned by somebody?

[the blur]

Judges & officers don't know every law.     If you cite a law reference, the law sticks.     Someone cited the actual law, and you guys are still disagreeing with it.

You can disagree with it morally, and that's fine.    But the law is the law.

Just like if you carry a loaded magazine,  you'll be charged with carrying a loaded gun.  I morally disagree with that law, but it's the law, and a judge will stick you with carrying a loaded firearm, just because you left a loaded magazine in your truck after hunting.

 

[BizCT]

1 hour ago, Jeremy K said:

Here's a fun fact, I couldnt label any of those places on a map . 

Really? I have a general idea of everywhere in New York.

[jjb4900]

2 minutes ago, the blur said:

Judges & officers don't know every law.     If you cite a law reference, the law sticks.     Someone cited the actual law, and you guys are still disagreeing with it.

You can disagree with it morally, and that's fine.    But the law is the law.

Just like if you carry a loaded magazine,  you'll be charged with carrying a loaded gun.  I morally disagree with that law, but it's the law, and a judge will stick you with carrying a loaded firearm, just because you left a loaded magazine in your truck after hunting.

 

not always...

[Culvercreek hunt club]

3 minutes ago, the blur said:

Just like if you carry a loaded magazine,  you'll be charged with carrying a loaded gun.  I morally disagree with that law, but it's the law, and a judge will stick you with carrying a loaded firearm, just because you left a loaded magazine in your truck after hunting.

 

Cite that law

[BizCT]

This seems like an offseason thread. like March or something. It's deer season!!

[WNYBuckHunter]

41 minutes ago, blackbeltbill said:

There are  medium tracts of Local land that have been hunted by Locals for Decades. One of these is near me in Bloomingrove. I have hunted that area since 1974. At 10.30am this morning in driving past on Tuthill Road-- 3 Trucks were parked and Deer hunters were out.  I had a Thread about this subject some time ago and Dirt Time and, I had a long exchange. Probably many hundreds of Locals - in the know--- have hunted it. OCFSCs used to release Pheasants on this Land off of Tuthill Road. It is probably around 300+ acres.

If its not town, county, state or federal land, its owned by someone.

[steve863]

9 minutes ago, blackbeltbill said:

I don't have time to quote a few people here. Obviously if Pheasants were released in this area- the owners were located and asked.. Obviously in this case - Hunting and Hiking is allowed along with Horseback Riding,Dirtbikes,and ATVs. I guess many Thousands should get Tickets going back to the 1960s.  

Lets say this land was sold to a new owner, or the current owner now decided to not allow hunting or hiking anymore.  You think those people who have hunted and hiked it since the 60's could continue to do so just because they were allowed to in the past?

[moog5050]

3 minutes ago, WNYBuckHunter said:

If its not town, county, state or federal land, its owned by someone.

Could be village land.  Sorry, had to.

[steve863]

Just now, moog5050 said:

Could be village land.  Sorry, had to.

That would make sense actually.  That's where all the village idiots would go to hunt.  LOL

[WNYBuckHunter]

32 minutes ago, AuburnNYC said:

I would agree with this.  Also helps the image of hunters with the general public. I'm actually pretty surprised the law is written this way but it's probably just from an older era and NY has more important legislative issues to deal with.

There's also nothing stopping an officer from writing the ticket and/or arresting you which then puts the ball in your court to either defend yourself in court or hire a lawyer... The potential legal issues/headaches would not be fun.

WNYBuckHunter - What was the basis of the tickets "sticking" or did they just not fight it? Were there improvements of any kind on the land? Had you run the guys off at some point?

Buckmaster7600 - Definitely agree with that having a mowed trail, greenfield, cabin, etc. would likely qualify the land as "improved" and leave it open for interpretation. Since they walked across the field there is no denying that they "were not aware" of the improvement, which definitely qualifies them as trespassing.

It was a woods/field area. Some of the people that were ticketed that year tried to fight it, as we didnt have posted signs up. The judge told them that they were trespassing, posted signs or no posted signs, and handed them their fines. They didnt have lawyers, but why would you? The fines really arent that steep anyway.

We had never kicked them off previously, no warnings, just called the Sheriff. The areas they were on had no noticeable "improvements" within eyeshot.

[the blur]

21 minutes ago, Culvercreek hunt club said:

Cite that law

Even if someone cites that law,  you'll still tell me I'm wrong !

[jjb4900]

Just now, WNYBuckHunter said:

It was a woods/field area. Some of the people that were ticketed that year tried to fight it, as we didnt have posted signs up. The judge told them that they were trespassing, posted signs or no posted signs, and handed them their fines. They didnt have lawyers, but why would you? The fines really arent that steep anyway.

We had never kicked them off previously, no warnings, just called the Sheriff. The areas they were on had no noticeable "improvements" within eyeshot.

yes, people believe that LEO's and judges have to strictly stick to the law exactly how it's written....not always the case, that's why attorneys get to argue the facts and all that good stuff that goes along with it

[Culvercreek hunt club]

1 minute ago, the blur said:

Even if someone cites that law,  you'll still tell me I'm wrong !

Ah. got it. You don't know of one. 

[Culvercreek hunt club]

Just now, jjb4900 said:

yes, people believe that LEO's and judges have to strictly stick to the law exactly how it's written....not always the case, that's why attorneys get to argue the facts and all that good stuff that goes along with it

Exactly, even a gray area ticket is either going to cost you time and/or money. 

[Buckmaster7600]

Ah. got it. You don't know of one. 

He was told it 45 years ago at his hunter safety course.


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[WNYBuckHunter]

3 minutes ago, jjb4900 said:

yes, people believe that LEO's and judges have to strictly stick to the law exactly how it's written....not always the case, that's why attorneys get to argue the facts and all that good stuff that goes along with it

Yep, they have some room to interpret the laws. This time the judge stuck to them.

[Culvercreek hunt club]

1 minute ago, Buckmaster7600 said:

He was told it 45 years ago at his hunter safety course.


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I could have a milk crate full or Remington 7400 mags with 4 rounds in each and there isn't a law out there (even in the peoples republic of NY) that would get me a loaded firearms charge. 

[WNYBuckHunter]

3 minutes ago, Buckmaster7600 said:

He was told it 45 years ago at his hunter safety course.


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I just spit some of my drink on my desk

[WNYBuckHunter]

5 minutes ago, Culvercreek hunt club said:

Exactly, even a gray area ticket is either going to cost you time and/or money. 

Oh it will cost you money. You either pay the court or the lawyer, or both.

[the blur]

4 minutes ago, Culvercreek hunt club said:

I could have a milk crate full or Remington 7400 mags with 4 rounds in each and there isn't a law out there (even in the peoples republic of NY) that would get me a loaded firearms charge. 

15. “Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

[Culvercreek hunt club]

9 minutes ago, the blur said:

15. “Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

Oh for Christ's sake go back and read what you wrote. 

"Just like if you carry a loaded magazine,  you'll be charged with carrying a loaded gun.  I morally disagree with that law, but it's the law, and a judge will stick you with carrying a loaded firearm, just because you left a loaded magazine in your truck after hunting."

 

EDIT---AND you are quoting from Penal law 265. the possession of the "loaded Firearm is NOT a crime. Possessing a loaded firearms while omitting a crime makes you guilty of one of the sections of 265. 

I'd go get on watch if I were you. You are Never going to change my mind and that of most on here to think your point of view of strolling onto someone eases property is ok without permission or that their property isn't properly posted. Because that IS what you were saying and trying to justify. 

Edited November 21, 2019 by Culvercreek hunt club

[AuburnNYC]

2 minutes ago, WNYBuckHunter said:

Oh it will cost you money. You either pay the court or the lawyer, or both.

Yep - my car broke down on the west side highway once - cooling hose to radiator burst - when it was about 15 degrees out. I called a tow truck and waited about 30 mins but they said it would be there in an hour. It was brutally cold and I didn't have warm clothes on (suit for work) so I put a note on the windshield saying I was around the corner grabbing a coffee, couldn't have been gone 15 minutes but had a ticket when I got back.

Sent in a photo of my car on the tow truck and a receipt explaining what happened and that I repaired it when I got home. The NYC judge said it was "not compelling" because I repaired the hose myself rather than having a shop do it. 

That still bothers me when I think about it.

[chrisw]

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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[WNYBuckHunter]

4 minutes ago, Culvercreek hunt club said:

Oh for Christ's sake go back and read what you wrote. 

"Just like if you carry a loaded magazine,  you'll be charged with carrying a loaded gun.  I morally disagree with that law, but it's the law, and a judge will stick you with carrying a loaded firearm, just because you left a loaded magazine in your truck after hunting."

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.