the blur

Exit 119

Recommended Posts

10 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.

AND that is becasue the owners CHOOSE not to make it an issue. In reality it is still trespassing. 

  • Like 1

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites
8 minutes ago, WNYBuckHunter said:

Bottom line is, there are no parcels of land that are not owned by someone. It is on you, as the party that would like to utilize the land, to gain the proper permission to do so, otherwise you are leaving yourself open to legal issues, and you are just being a plain disrespectful jerk. If you dont own it, its not state land, and you dont have permission, stay off. Pretty simple really. People that carry around the "I can go wherever I want if its not posted" attitude are the reason why land access is the number 1 problem facing hunting today.

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.

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites

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.

 

Share this post


Link to post
Share on other sites
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...

Share this post


Link to post
Share on other sites
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


"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites

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.  

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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?

  • Like 1

Share this post


Link to post
Share on other sites
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.

  • Haha 1

Share this post


Link to post
Share on other sites
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

  • Like 1
  • Haha 1

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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

  • Like 1

Share this post


Link to post
Share on other sites
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. 

  • Like 1

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites
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. 


"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
1 minute ago, Buckmaster7600 said:


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


Sent from my iPhone using Tapatalk

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. 


"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites
3 minutes ago, Buckmaster7600 said:


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


Sent from my iPhone using Tapatalk

I just spit some of my drink on my desk

  • Like 1

Share this post


Link to post
Share on other sites
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.

  • Like 1

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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 by Culvercreek hunt club
  • Like 1

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin

"The trouble with Socialism is, sooner or later you run out of other people's money." - Margaret Thatcher

"When you subsidize poverty and failure, you get more of both.." - James Dale Davidson, National Taxpayers Union

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.