DEC laws reguarding gun "on" car

[moperizer]

I had a screaming, cursing nys dec officer issue me a summons for a loaded rifle on my car. I was not hunting or driving nor did I get a deer.  I just was walking into my house after the hunt, he pulled in my driveway and called me over. I didn't want to approach him with a loaded gun so on leaned it against my fender (butt on the ground, barrel on the fender)  He gave me a misdemeanor ticket and threatened to lock me up on the spot.  My question is:  1. How serious is this and what can I expect as far as fines and criminal record go?  2. Do I need to bring a lawyer with me to court?   

[darkvibe]

What did he pull in your driveway for in the first place?

I would personally consult a lawyer and go from there if it were me.  What infraction is written on the ticket?

[moperizer]

It says:  "possess loaded firearm on a vehicle"      He came in my driveway to nicely ask if I had any luck hunting. When I said no he started ranting about searching my whole property, said shut the f** up, speak only when spoken to, etc.  He said I would do a year in jail, pay a $1000 fine and never get a job in my industry because I'll have a criminal record (it's a misdemeanor) He took away my backpack which just had raingear in it. This guy was on a rampage, I mean I was hunting perfectly legal on my own land.  I heard on the news because of NY's budget shortfalls, that Gov. Patterson ordered all State police to go on a revenue collecting blitz.  This guy was not leaving my property without writing something!

[fastfoci]

WAIT...u were going into ur house?? if he didnt have any traffic reason to pull in ur driveway or wasnt called i would seriously get him in trouble.

[darkvibe]

hmm.  I'm no expert but I would lawyer up even if it's going to cost some cash.

Does the ticket have any specific law article or section numbers that you can read up on?

[darkvibe]

Here is a section I found in the law that looks like it might be what you're looking for.  I would say you had it on the ground, not on the car but i'm not a lawyer or LEO.  I stand by my statement to at least consult a lawyer for advice on this one and stop posting about it on the internet 

Environmental Conservation Law § 11-0901 

§ 11-0931. Prohibitions on the use and possession of firearms.
1. ...
2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
  possessed  in  or  on  a motor vehicle unless it is unloaded in both the
  chamber and the magazine, except that a  loaded  firearm  which  may  be
  legally used for taking migratory game birds may be carried or possessed
  in a motorboat while being legally used in hunting migratory game birds,
  and no person except a law enforcement officer in the performance of his
  official  duties shall, while in or on a motor vehicle, use a jacklight,
  spotlight or other artificial light upon lands inhabited by deer  if  he
  is  in possession or is accompanied by a person who is in possession, at
  the time of such use, of a longbow, crossbow or a firearm  of  any  kind
  except  a  pistol  or  revolver, unless such longbow is unstrung or such
  firearm is taken down or securely fastened in a case or  locked  in  the
  trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
  shall mean every vehicle or other device operated  by  any  power  other
  than  muscle  power,  and  which  shall  include  but  not be limited to
  automobiles, trucks, motorcycles,  tractors,  trailers  and  motorboats,
  snowmobiles  and  snowtravelers,  whether  operated  on  or  off  public
  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
  department  may  issue  a  permit  to  any person who is non-ambulatory,
  except with the use of a mechanized aid, to possess a loaded firearm  in
  or  on  a  motor  vehicle  as  defined  in this section, subject to such
  restrictions as the department may deem necessary  in  the  interest  of
  public  safety,  and  for a fee of five dollars. Nothing in this section
  permits the possession of a pistol or a revolver contrary to  the  penal
  law.

[fastfoci]

id still contact a good lawyer. i dont think any cop has a rite to bully anyone.thats the type of cop who would shoot and ask questions later. its not like ur a criminal. ur a working tax paying guy.

anyway he should remain in a professional mannor. cussing and talking to someone like that is abuse.

[ddan24]

No doubt about it. Contact a lawyer immediately and document on paper what exactly happened while it's still fresh in your memory.

[Dion]

WAIT...u were going into ur house?? if he didnt have any traffic reason to pull in ur driveway or wasnt called i would seriously get him in trouble.

FYI, DEC enforcement has more authority than the NYSP, They can check you out anytime any where.

OP, get a lawyer. He wrote you for a loaded weapon touching a motor vehical and they've been getting more and more strict about this over the years and has nothing to do with this years budget. I don't know where you're located but keep in mind that each DEC region in the state has one or two at the most enforcement officers covering the entire region. If he wrote you up he's not kidding and will be showing up for the case.

I've been hunting, trapping and fishing for a lot of years so I've had my share of encounters with the DEC in the field. These guys are not like cops who may encounter a weapon 1 out of 10 times, It's more like 99 out of 100 so they're not going to freak out because you have a gun. The best thing to do would have been to shoulder it or clear it safely before you approached him. Not accusing you but for him to go off on you like you say sounds like you may have started to argue with him or did something to set him off.

Bottom line, get yourself a lawyer and take this seriously. Good Luck!

[SIG220C]

FYI, DEC enforcement has more authority than the NYSP, They can check you out anytime any where.

True, but I imagine there are limitations. There has to be.  They cannot walk onto your property at anytime and rumage around for whatever.  They have to have some reasonable belief that you did something or were going to do something wrong.  Im not lawyer or cop, and I wasnt there but they cant just do whatever they want.  When your not on your property its a different story.  All the times ive ever come across the DEC they never acted like that, and I remember hearing that resting a loaded firearm AGAINST a vehicle is still considered by law as a "loaded gun on vehicle".  This is just my humble opinion.

[BULLDOG]

THE DEC has the right to search your property or home without a warrent ONLY if you are under the suspicion of having any illegal deer carcuss or meat in or out of deer season, that is their job as for the loaded firearm on your own property thats ok to have, but if he stopped you on a state or county road with a loaded gun in the  car ,truck atv etc your are up shi  creek then its big fines and they can even lock you up & conferinscate the wepon, I have a good friend & neighbor who is a Po with the DEC & this is what he told me, they are to make sure all meat is tagged properly and the licences are in order

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