So what is the real truth about Handgun Hunting?
- Thread starter Devildog9999
- Start date
Yeah, they are supposed to. I really think there is NOTHING in the penal code, nothing in writing in any law to actually answer my original question. Therefore, no one will answer.
Acer-m14
.950 JDJ
back some posts ago some said about open carrying long gun when not hunting ,.. well back when i a little teen mid's 70's
I and a few friends dressed up as hunters and carried our shot guns for trick or treat walked all over town .. .. nothing happened ..
no one freaked out ..
I and a few friends dressed up as hunters and carried our shot guns for trick or treat walked all over town .. .. nothing happened ..
no one freaked out ..
I went to SCHOOL with a shotgun in a rack in the back of my pickup (with ammo rolling around under the backseat). Legal? Who knows.... I want to get a definitive answer on the LAW for pistol hunting. How in the F^*k can we have three pages of this and none of use can site a law? Can I open Carry LEGALLY or not in NYS while pistol hunting? I live in Niagara County, but hunt in Allegheny County. I think a lot of you are correct - THERE IS NOT A LAW that defines the rights of a CCW in NY for Hunting purposes.
Acer-m14
.950 JDJ
@Devildog9999 .. right now in the 4x4 is a 20ga , a 12ga O/U in a roof rack .. on the back seat , my Mosin , a .223 Savage , a moss 142 22lr and a 10/22 ..
been there for like 3 months now .. oh and my 44cal BP navy colt .. 300+ rounds for the mosin .. and 3 other ammo cans ..
why .. i like to shoot .. and just so happen this evening at my friends house , got to show a lady who showed up who is going to take her hunting safety class .. never held or shot a gun .. follow me .. gave her some simple basic stuff .. how to hold it .. was to dark to actually shoot ..
been there for like 3 months now .. oh and my 44cal BP navy colt .. 300+ rounds for the mosin .. and 3 other ammo cans ..
why .. i like to shoot .. and just so happen this evening at my friends house , got to show a lady who showed up who is going to take her hunting safety class .. never held or shot a gun .. follow me .. gave her some simple basic stuff .. how to hold it .. was to dark to actually shoot ..
Marine Cpl
.577 Tyrannosaur.
I sited it for you already. Penal law 265 makes carry and possession illegal unless exempted. Penal law 400 gives you the exemption to carry concealed. There is no exemption for open carry in Penal law 400 nor is there in any other DEP regulation or code. That is why law enforcement will not give you an answer because they look the other way. They cannot publicly tell you to break the law. If you look at the NRA's website that has a legal team behind them that tells them what they can post based on the laws of any given state, they say it's illegal.
I know that's not what you want to hear. All I can suggest is for you to read both Penal law 265 and 400 because all you'll get from the police is silence and all you'll get here is people telling you that they've done it for years.
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Well, the DEC replied:
Pleakis, Donald J (DEC) <donald.pleakis@dec.ny.gov>
1:02 PM (0 minutes ago)
to me
If you have a NYS pistol Permit , you can open carry while legally hunting.
2.) When hunting with a handgun, it is unclear regarding the use of Semi-Automatic handguns, and barrel length. Is it legal to carry a semi automatic, that can not take more than 6 rounds? What is the minim barrel length for semi-automatic firearms?
If you have a NYS pistol permit you can use an autoloading firearm with max 6 rounds if the barrel length is less than 8 inches. Any other handgun must have a barrel length less than 16 inches. All centerfire handguns are legal for Big Game in NYS.
3.) While hunting Deer during regular season, it is legal to carry a handgun in addition to a Rifle or Shotgun as long as it meets the requirements for Pistol hunting?
It is legal to carry a legally possessed handgun along with a rifle or shotgun. It is not legal to carry a handgun during the special archery or muzzleloading seasons.
If you have any other questions, let me know.
Pleakis, Donald J (DEC) <donald.pleakis@dec.ny.gov>
1:02 PM (0 minutes ago)
to me
- NY CCW says "Concealed Carry" only. Is it legal to open carry when hunting with a handgun in NY while being a CCW carrier?
If you have a NYS pistol Permit , you can open carry while legally hunting.
2.) When hunting with a handgun, it is unclear regarding the use of Semi-Automatic handguns, and barrel length. Is it legal to carry a semi automatic, that can not take more than 6 rounds? What is the minim barrel length for semi-automatic firearms?
If you have a NYS pistol permit you can use an autoloading firearm with max 6 rounds if the barrel length is less than 8 inches. Any other handgun must have a barrel length less than 16 inches. All centerfire handguns are legal for Big Game in NYS.
3.) While hunting Deer during regular season, it is legal to carry a handgun in addition to a Rifle or Shotgun as long as it meets the requirements for Pistol hunting?
It is legal to carry a legally possessed handgun along with a rifle or shotgun. It is not legal to carry a handgun during the special archery or muzzleloading seasons.
If you have any other questions, let me know.
Robin
.475 A&M Magnum
I'm glad you got your clarification Devildog!!!! I still don't understand why you can't carry a pistol during bow season though. For them to assume you would use it on a deer illegally, is that it? That goes 100% against American legal ethos and the spirit of Presumption of innocence - Wikipedia .
But then, NYSSR!
Robin
But then, NYSSR!
Robin
stokes
.338 Win Mag
You cant carry a handgun,or a rifle,for that matter,because its bow season.I guess the assumption is that you can only carry a hunting implement that is legal in whatever season it is.Nothing to do with "presumption of innocence".You are walking around the woods hunting,carrying a hunting implement that is not legal to hunt with at that time.
Robin
.475 A&M Magnum
A pistol is different, in that it requires a permit, and by virtue of that permit, is considered a self defense weapon primarily, a hunting, target practice implement secondarily. During the regular season, if you feel like it and have the wherewith all, you can carry a pistol, rifle, shotgun, muzzleloader, bow and a crossbow, well, I'm not sure about the cross bow, but if you can rig it up, the rest are good to go.
You don't know the state you live in, not many do.
Robin
You don't know the state you live in, not many do.
Robin
stokes
.338 Win Mag
But during bow season you cant carry firearms.A handgun is a firearm and a legal hunting implement.I dont know the state I live in?How do you figure?
Robin
.475 A&M Magnum
Its okay Stokes, I just see it differently.
Robin
Robin
From what the DEC said, no gun during SPECIAL archery season and Muzzleloader. Regular bow season is good to go.
I carry my handgun during bow season. I have no problem admitting it. Even encountered a DEC agent once and discussed it with him. Granted, yes, I went straight to, “I’m a cop and I am supposed to be armed at all times when fit for duty.” He wasn’t happy at all, I thought I was going to end up in trouble. The conundrum is that I must act even off duty if I witness a felon in progress. It’s a yet another conundrum in NY’s laws.
In the end, he basically admitted that its on the books to enforce if someone does something stupid.
I am of the mindset as a hunter that our kills should be clean and quick and that if a deer needs to be put down, then it should be done. Last year I got my first bow buck, it was a long track and he was lying down finished but likely going to be sufferring for a few more hours. I did what I had to do and I am not ashamed or scared to say it.
In the end, he basically admitted that its on the books to enforce if someone does something stupid.
I am of the mindset as a hunter that our kills should be clean and quick and that if a deer needs to be put down, then it should be done. Last year I got my first bow buck, it was a long track and he was lying down finished but likely going to be sufferring for a few more hours. I did what I had to do and I am not ashamed or scared to say it.
Reread! There is no regular bow season!
Marine Cpl
.577 Tyrannosaur.
Prohibiting you from carrying one for self defense against people and predatory animals like bears is the issue here. It's a 2A violation and there shouldn't be any prohibition.
The law should allow you to carry to defend yourself but charge you if you use it to hunt rather than prohibit it altogether.
That's the issue we are having.
Bow and arrow, spear, knife, sword all fall under the 2A not just firearms. Hunting with a bow in a season for bow only and not being able to carry a firearm is no 2A violation!
stokes
.338 Win Mag
If you are worried about "predatory animals like bears",stay out of the woods.You shouldnt be hunting.
Doc8404
.450/400 Nitro Ex
I open carry on my land in Madison county any time I am there.
I don’t hunt.
I don’t have a hunting license.
Sounds like I could get jammed up if some asshole wanted to.
I don’t hunt.
I don’t have a hunting license.
Sounds like I could get jammed up if some asshole wanted to.
stokes
.338 Win Mag
How will you get jammed up?You aint hunting,and your on your own property.
Doc8404
.450/400 Nitro Ex
I would like to think you’re right.
I have encountered hunters trespassing and booted them off.
I can picture some d bag calling DEC since I’m walking around.
Paranoia
stokes
.338 Win Mag
Why would the DEC be interested in anything you are doing,on your own property and you are not hunting.You have every right to boot hunters off your land.
Marine Cpl
.577 Tyrannosaur.
Does the 2A stipulate what you can use to protect yourself? Your argument is that it's okay because they allow you an arrow. So would it be okay if they only allowed you an arrow for defense in your home?
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Robin
.475 A&M Magnum
Yeah it is, and a shit load of other violations as well!
Robin
Sorry but we already have the Heller decision on that! And if your afraid of being the next Ned Beatty I suggest you stay out of the woods.
Marine Cpl
.577 Tyrannosaur.
Well, this is going off topic fast lol. I will clarify with the DEC on what "special" archery season means. In the area I hunt we have 2 bow seasons - One early (what we have always called regular bow) and another called late bow - which coincides with Muzzle loader. In the letter I got he clearly said "Special Bow and Muzzle Loader season" only are prohibited from carrying a handgun. Goddammit - I wish they could just write a friggin law that says what it means, Clearly and Concisely!
Acer-m14
.950 JDJ
Squirrel season starts Sept 1st to Feb 28th ... so during bow season i can't take a pistol or rifle and hunt tree rats while i'm bow hunting Deer ??? LOL ..
just saying ..
just saying ..
I’ve always been told “bow season”. I’m thinking “special” was a slip of the tongue or whatever you want to call it.
There is an early and late bow season.