Posted: 11/27/2015 10:52:50 AM EDT
[#12]
Quote History Quoted:
You can not hunt migratory game birds with a rifle in your possession.
http://www.dec.ny.gov/outdoor/28175.html View Quote
(Sigh), minor discrepancy there; that synopsis put up by the department has substituted the word hunt for take. Legally different words. I suppose it's not a bad thing to phrase it as more restrictive than it really is to keep people out of trouble but when push comes to shove, words mean specific things. Often those guides are written by people not well versed in legal work and they often enough will miss something along these lines because to them or many laymen it means the same thing in their minds. I've seen the fishing regs get all convoluted in the guides by simply omitting or inserting a comma to change the meaning of a very long run on sentence. An easy enough mistake to make with drastically different outcome from what was intended. Kind of like the "Let's eat Grandma!" thing.
In the actual section they have reworded, 6nycrr 2.30 relating to waterfowl hunting, the wording uses take (which would include attempting to take) (having an extra gun, a rifle, in a case would not constitute an attempt to take unless some overt action with it was done.)
so in my opinion which isn't the final say, one could have it along but not loaded and ready while you actually engaged in waterfowling. A judge would be the final say on matters of interpretation. They often defer to the department who promulgates the rules but not always in matters of interpretation.
Disclaimer, this is my personal opinion on the interpretation of the question. Not official policy or guideline. Sorry I probably have to say that.
For anyone wanting a peek at the codes rules and regulations as they're written;
Sec. 2.30 Migratory game birds.
(Environmental Conservation Law, § 11-0307)
(a) Migratory game birds defined. Migratory game birds for the purpose of this section include:
(1) waterfowl (Anatidae), including brant, wild ducks, geese, and swans;
(2) rails (Rallidae), including coots, gallinules, sora and other rails;
(3) shorebirds (Scolopacidae), including snipe and woodcock; and
(4) crows (Corvidae), including American crow and fish crow.
(b) Hunting methods. Migratory game birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this subdivision. No person shall take migratory game birds:
(1) with a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance, except that crows may be taken with a rifle;
(2) with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells, except that this prohibition shall not apply to the taking of crows or to the taking of snow geese or Ross' geese in any area or zone when all other waterfowl hunting seasons are closed;
(3) from or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
(4) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may, with a permit issued by the Department
and a lot more that I didn't snip
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