Change in NY Laws

[airgun/cuz]

It's not the hunting that is stressfull,,,it's the fearless leaders that run our country that cause the stress!!!!!!! :p

[PeakChick]

All I can say is thank goodness I don't live in the east.................  

[longislandhunter]

You should indeed count your blessings Peak.  

Here ya go Harry,,,, copied this from the NYS Environmental Conservation  Law:  

§180.3 Definition of firearms

For the purposes of the Fish and Wildlife Law and this Title:

(a) The word firearm shall mean any gun or other instrument which by force of gunpowder or other explosive, or which by the force of a spring, air or other gas, expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.

Just wonderful, isn't it

I was dead serious about finding a "winter" home down south.  I may start my search with a visit down to S.C. where I figure I can kill 2 birds with one stone,,,,,, finally get to visit with Gene in person and look for a home at the same time  

(I'm still thinking about those woods at the back of Genes property)    

Jeff

[geewhiz380]

JEFF THATS A GOOD IDEA WHAT SCARES ME IS IF IT HITS EVERYWHERE A LITTLE AT A TIME HOW ABOUT A TRAVELIN HOME I THOUGHT ABOUT THAT MYSELF SOME DO COME WITH TWO OR THREE BEDROOMS WHICH WILL BE GREAT FOR ME ,I HAVE SEEN SOME REALLY GOOD ONES IN VIRGINA .JUST A THOUGHT U COULD PACK UP AND MOVE OUT WHENEVER U WANT .IM GOING TO CHECK  IT OUT SEE WHAT R THE PRO AND CONS ON THIS TYPE OF LIVIN AND THE COST ALSO I KNOW A REALESTATE THAT WILL LEAD ME IN THE RIGHT DIRECTION.

[gamo2hammerli]

Those !%3"g%?$$"!*&, who do they think they are?  Just changing the law and/rules without any input from the citizens....and no public hearings.  Jeff I think you should organize a "bb" gun group and contest that rule change.  It`s just beginning...no pellet gun hunting now.....soon no pellet gun shooting on your own property and then finally no pellet gun ownership.  It`s happening all over........

[longislandhunter]

Stanley,,,, I"d love to do that but to be honest I wouldn't know where to start.  

I may write a long letter to the NRA and see if they can be of any help.  I've been paying NRA dues all my life,,, maybe it's time to see if they'll do anything for a dues paying member.  

A great thing would be if every New York airgun hunter wrote to the D.E.C. and the NRA and complained about this, but I'm a realist and know that that isn't gonna happen....

Jeff

[Timmyj1959@yahoo.com]

This whole thing REALLY STINKS Jeff,,,, Im so sorry Buddy. What the he#% is going on?? :0  I guess "change" aint always for the better??  At least you can still get after them Ground Hogs,,,, but even though that may still be legal with airguns,,,, they may still consider them "firearms",,,,,, bye bye "thingys" :0 . Take it easy & heal up Buddy. And,, when Ya decide to visit Gene,,,,, let me know,, I can be at his house in 3 1/2 hrs!!      Tim.

[Kneza]

Dude that law sucks. But in the place where I am living. In country named Croatia (in Europe close to Italy) it is forbiden to shot at any tipe of animal with a airgun. For every bird I shot I can get penalty like taking my gun away and paying a lot of money. But I feel that hunting is one of urges of human being and because of that I am illegal airgun hunter. Government in my country is so stupid. They dont know what an Air Rifle can do so they dont even think about changing the laws so I dont think of respecting them.

[JOHNNY QUEST]

 jEFF Glad your felling better.. welcome back.. the new law sux hu... welcome to texas..... at least i can shoot coons, possums and stuff still... But if its a game animal, its off limits......

[Timmyj1959@yahoo.com]

Jeff,,,, my post just,,,, again for some reason,,,, posted way back up the thread,,,,just a lil under my first one. GEEEEZZZEEEE,,,, Tim.

[shadow]

Guess I'll be doing double time on those night critters this year, just push em my way guy's and I'll drop as many as I can:) Ed

[longislandhunter]

Well Randall,,,, I will miss squirrel and rabbit hunting with my air rifles     but at least I can still shoot all the groundhogs, pigeons and starlings I want a the duck farm    so it's not a total loss (although it kinda feels like a total loss).  But, the law is the law and I will abide by it until such time as it changes....

Timmy, South Carolina will no doubt be the first place I visit and I will let you know when I'm headed south..   I would love to hook up with you and Gene and any other GTA members who live nearby.  Heck, maybe I can talk Joe into a road trip and the 2 of us can head down together.... hmmm,, something to definitely talk over with my buddy Joe  

Jeff

[only1harry]

That's what sucks Randall.  All animals here are classified "game" animals and are protected with only a limited season for them and that includes racoons, possums, SQUIRREL's, CROW's, etc. (I can't believe that I can't shoot a crow anymore!!).  We can only shoot unprotected species like Groundhogs and Starlings.

Anyway, Jeff:  yes I know that law. I read it a couple of years ago on their web site.  That's just means that airguns are included when they mention the word "firearm" in the DEC laws, rules and regulation.  They just include all types of guns under 1 word: FIREARM.  That's all that means.  They cannot walk up to you if you are on state or private land doing some target shooting, and ticket you for "discharging a firearm".  They can't do that because by NY state law and most town laws an airgun is not considered a "firearm".  If you look up the definition of a firearm in the penal code, a firearm is defined by a device you can discharge a projectile by explosion only".  So that would not hold in court, nor a charge for the thing that silenc***es airguns.  There has been a very long conversation about that from lawyers on the TAG forum.  There are several Condor owners that are lawyers and visit TAG once in a while.  They have cleared all that up.  Noone is in danger of having an LDC or shourd, etc. on their airgun.  The federal laws states that a sil*****er, shroud, etc. has to be on a "real" firearm and it has to screw on over the barrel, etc.  A DEC officer cannot give you such a summons technically.  The state and Federal laws say airguns are not firearms.  It's possible because the airgun during hunting season is considered a firearm in DEC's eyes, they might try it, but they are not there to ticket you on a silencing device, they would ticket you on shooting the wrong game or with the wrong gun..  And if they ever ticket anyone about discharging a firearm with an airgun I guarantee you it will never hold up in court.  My friend lost a case like that when I was on the job.  He brought in a couple of teenagers for discharging a firearm.  I was in court and remember this well.  Discharging of a firearm was a town code violation in the town I worked in.   Well all they had was airguns.  It took the judge less than 2min. to look up the definition of discharging a firearm, before dismissing the case.  The same would happen if they charged you with having a silen**ing device on your airgun - I 'll bet $ on it.  Airguns are NOT firearms.   The DEC can go kiss my A*SSSS!!!!!!!!!  Man they *_*_*_*_*_*ed me off today with their moranic laws..

[longislandhunter]

I know what you're sayin Harry regarding the "official" classification of airguns as firearms,,, the problem, as you are well aware, lies in the interpretation of these laws by the judge and or district attorney who has the case folder and whatever "case law" exists.  

Suffolk County local laws and the NYS Penal Law do not classify airguns as firearms, however about 10 years ago a police officer (and friend of mine)  who worked in the same precinct that I did arrested a young man and charged him with having a loaded firearm in his vehicle..... the firearm in question was a loaded and cocked air rifle.  My friend charged him under the Environmental Conservation Law definition of a firearm and the section that prohibits having a loaded firearm inside a vehicle.  We all made fun of him and gave him a real hard time for making such an arrest,,,however he got the last laugh....  

The judge that the case went up in front of found the man guilty  of the charge.  

As ex law enforcement officers you and I both know that the law, any law, is open to interpretation and that's the scary part.  If a DEC cop were to try to enforce such a law then you may be correct when you say the charge would not stand in a court of law,,, but then again it might.  Even if you do win it would cost you or I thousands of dollars and much time to clear the record.  

I'm not trying to argue any points here,,,, I guess I'm just venting because like you Harry I am really upset over this entire matter and I just feel helpless because there's nothing I can do about it.  Matter of fact this will probably be my last post on this cause everytime I think about this stupid law change I start to get a headache and I've already got enough trouble dealing with the pain from the stupid hernia operation.....  

Tell ya what Harry,,, when the weather gets nice I'll make a trip up there and you, me and Joe  can go ground hog hunting.  Me and you can use our Condors and Joe can use whatever he has to bring ,,,hows that  ??  Maybe that'll make us feel better.  I"ve got a ton of the furry brown buggers on my property up in Margaretville,,, we can always shoot the heck out of them    At the very least you, me and Joe would have a great time and alot of fun.  

Jeff

[JOHNNY QUEST]

 COONS, POSSUMS, BOBCATS, ECT. ARE considered game animals there... thats just wierd.. Game animals have a season in texas.. and if it aint got a season or a protected species its legal for me... Do they consider a pests game animals? Thats just wierd ... I would re-read it closely.. I bet VARMITS are still legal....