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hello,

Got into a discussion today while watching the Bills beat Carolina (yeah).

Is it legal to carry my handgun concealed with a Full Carry permit while deer hunting in Niagara county NY (same county as permit is in)?

I say yes, any dissenting opinions?

Thanks

Charlie
 

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In rifle season, it's not against DEC laws to carry a sidearm. It is against DEC laws to have any firearm during bow season.
 

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Postmaster General
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It's legal to do that with any Concealed Carry permit.

Why would you think otherwise?
 

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I kill deer... and I like it
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As stated above - you can during regular season, but cannot during archery season. I know a guy who carries every time he bowhunts because he thinks it's dumb that someone decided he loses that right during certain months. Shooting deer with a gun during archery season is already illegal, but they always need to go those additional steps. He also finds himself deep in the woods after dark by himself and thinks fist fighting a pack of coyotes is a losing proposition. He does secretly believe he could beat up a coyote though.
 

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Keep in mind there are two sets of laws we're talking about here. One is the firearms code and the other is the DEC code. DEC laws against having a firearm present during bow season is a much lesser offense than pretty much anything in the firearm code.
 

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It's illegal to carry while bow hunting. However, I know lots of guys who do it - you never know when you might encounter a pack of coyotes in the early morning or late evening. Besides, I've been told that DEC officers have a chemical of some sort that will detect the presence of lead in the event someone shoots a deer and then claims they killed it with an arrow... Even so, being permitted to carry a handgun shouldn't end when we have bows in our hands...
 

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In my opinion your right to self-defense doesn't end when you pick up a bow and walk into the woods. Concealed is concealed. A DEC officer has no right to search you without probable cause. Are DEC laws more important than your life or well being? No way.
 

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In my opinion your right to self-defense doesn't end when you pick up a bow and walk into the woods. Concealed is concealed. A DEC officer has no right to search you without probable cause. Are DEC laws more important than your life or well being? No way.
Agreed. However, I do believe that a DEC officer's right to search goes beyond that of the typical LEO. I don't know the specifics, but I've been told they have more "power" - would love to hear from someone who knows more about this...
 

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Agreed. However, I do believe that a DEC officer's right to search goes beyond that of the typical LEO. I don't know the specifics, but I've been told they have more "power" - would love to hear from someone who knows more about this...
Probable cause for search and seizure applies to any type of law enforcement officer; DEC must only conduct searches in a manner that is compatible with the 4th Amendment. If they search without probable cause, it's an illegal search and there can be civil consequences for carrying out an illegal search. Whether or not an officer had sufficient probable cause to search an individual is often something that must be deliberated before or during a trial, but certain standards always apply. A DEC Officer's jurisdiction goes beyond that of a local PD or Sheriff, and they're generally more knowledgeable of EnCon laws than a typical LEO.
 

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Manner of Taking It is illegal to take or hunt wildlife:
*...( I only cut & pasted the relevant section)
*with any semi-automatic firearm with a capacity to hold more than 6 rounds, EXCEPT the following semi-automatic firearms:

  1. firearms using .22 or .17 caliber rimfire ammunition, or
  2. firearms altered to reduce their capacity to no more than 6 shells at one time in the magazine and chamber combined, or
  3. autoloading pistols with a barrel length of less than eight inches.
 

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Agreed. However, I do believe that a DEC officer's right to search goes beyond that of the typical LEO. I don't know the specifics, but I've been told they have more "power" - would love to hear from someone who knows more about this...
Oh they have tons more power.

In their own minds. Myself, I don't just ignore the 4A for the greenpeace cops.

Given how asinine they are to "regular citizens" (A gun leaning against your pickup = a a loaded gun in the vehicle ticket), I would not give them a millimeter.
 

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Can't have a rifle or handgun during spring/fall turkey either, shotguns only
 

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The artist formerly known as jhm8071
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There are lots of people who carry a pistol during bow season, even though it is against the law. It makes no sense why someone can't carry a .22 for squirrel hunting while walking around bowhunting.
 

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I don't really think the gubmint cares if you have any gun anywhere at any time as long as it ain't gots no barrel, grips, stock, receiver, trigger, chamber, hammer, trigger guard, or isn't made of wood, steel, plastic, paper mach, chewing gum...
They hate us having guns. If I was a drinking man I'd take up chewing.
 

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In rifle season, it's not against DEC laws to carry a sidearm. It is against DEC laws to have any firearm during bow season.
Correct

As stated above - you can during regular season, but cannot during archery season. I know a guy who carries every time he bowhunts because he thinks it's dumb that someone decided he loses that right during certain months. Shooting deer with a gun during archery season is already illegal, but they always need to go those additional steps. He also finds himself deep in the woods after dark by himself and thinks fist fighting a pack of coyotes is a losing proposition. He does secretly believe he could beat up a coyote though.
Can't say I disagree with his thinking.
 

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the part about not allowed to carry a gun while bow hunting is because they think we'll cheat & shoot with gun then stuff an arrow in the hole . Yeah cause people will spend thousands of dollars on there rig , just to carry it for no reason . They just assume that everyone is a poacher & no-one can be trusted . Same reason we can't have suppressors in this crap hole state.
 

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Think about the animal you are hunting. If it can be taken with a pistol then it is legal to possess.

You can not carry a pistol when bowhunting or black powder unless it is during the regular season.

You can not carry a rim fire while hunting deer. (although many do) Deer can not be taken with a rim fire.

You can't carry a pistol while waterfowl, turkey or pheasant hunting.
 

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It's illegal to carry while bow hunting. However, I know lots of guys who do it - you never know when you might encounter a pack of coyotes in the early morning or late evening. Besides, I've been told that DEC officers have a chemical of some sort that will detect the presence of lead in the event someone shoots a deer and then claims they killed it with an arrow... Even so, being permitted to carry a handgun shouldn't end when we have bows in our hands...
It would be interesting to know how DEC really feel about it, other than from a legal standpoint. I've been stalked through the woods by coyotes a few times, once I let one get so close had I not turned to shoot him he would have had a hold on my ass. My uncle thought I was full of it till it happened to him on the way out of the woods during bow season a couple years ago. He had his knife in one hand and an arrow in the other all the way out. He later come across a DEC officer and told him what happened and asked if it's ok to carry a small 9mm for such circumstances. He said it's definitely illegal, but he wouldn't ticket most bow hunters for doing so as he knows the situation well. We do have some really decent DEC officers in this area, but I wonder how many would think the same.
 
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