what's the basic tresspass law in New York?

[mazzgolf]

I'm from NJ and am pretty familiar with the trespass laws here. But my buddy with the NY property just got a cell cam pic of a trespasser with a slug gun there (he also didn't have orange, but ignore that little tidbit). The property isn't posted on the side where the trespasser likely entered.

Is NY like NJ where if a property isn't posted it can be legally hunted?

The law in NJ is you can hunt a piece of property UNLESS (1) you were told (even if its verbally) by the owner not to enter the property, or (2) the property is posted, one sign (visible from the next) every tenth of a mile along the border, and posted at every entrance/exit.

If you have a link to the NY statute or somewhere "official" that states the NY hunting trespass laws, I would be appreciative.

Thanks.

 

[mowin]

NY is can not trespass even if not posted.  However, like most laws in NY, they favor the perp. Meaning you have to give the guy written warning at least once before the law tips ever so slightly on the landowners side.  Here's a screenshot. But just Google NYS trespassing laws, and you'll find it.

Edited November 22, 2023 by mowin

[mazzgolf]

Thanks @mowin... got it:

DEC website: https://www.dec.ny.gov/lands/118436.html

NY statute: https://www.nysenate.gov/legislation/laws/ENV/11-2111

[jperch]

The fine ($250.00) is pretty mild compared to some other states out west.  But I don't know how often that fine is imposed, I'm guessing very rarely.  We have had the DEC come to the farm a couple of times and they did talk with the tresspassers.  We also had a County Sheriff come once when an adjacent new property owner tore down our posted signs and put up their signs on our property!  To the OP, ask and get written permission.  Otherwise, don't go there.

[Bucksnbows]

1 hour ago, mazzgolf said:

Thanks @mowin... got it:

DEC website: https://www.dec.ny.gov/lands/118436.html

NY statute: https://www.nysenate.gov/legislation/laws/ENV/11-2111

Mazz, as amazing as it sounds to a NJ hunter, NY doesn’t require orange for deer hunting. I wear orange underwear on top of wearing an orange vest and sometimes an orange hat regardless of their silly laws. 

[mowin]

16 minutes ago, Bucksnbows said:

Mazz, as amazing as it sounds to a NJ hunter, NY doesn’t require orange for deer hunting. I wear orange underwear on top of wearing an orange vest and sometimes an orange hat regardless of their silly laws. 

Yes it does.  Third season for it. 

Edited November 22, 2023 by mowin

[Kayak Ken]

4 hours ago, Bucksnbows said:

Mazz, as amazing as it sounds to a NJ hunter, NY doesn’t require orange for deer hunting. I wear orange underwear on top of wearing an orange vest and sometimes an orange hat regardless of their silly laws. 

Changed about a year or 2 ago. Orange is required 

[Bucndoe]

5 hours ago, Bucksnbows said:

Mazz, as amazing as it sounds to a NJ hunter, NY doesn’t require orange for deer hunting. I wear orange underwear on top of wearing an orange vest and sometimes an orange hat regardless of their silly laws. 

Incorrect.   The law changed about 3 years ago. It's absolutely required now and at 250 square inches is more compared to NJ's 200 square inches

Edited November 23, 2023 by Bucndoe

[Caveman]

5 hours ago, Bucndoe said:

Incorrect.   The law changed about 3 years ago. It's absolutely required now and at 250 square inches is more compared to NJ's 200 square inches

Per Mowin's post above, I believe it is 250 square inches or an orange hat visible from all directions.

[jperch]

Yes, hunter orange (or pink) is now required in NY.  This is really unfair to the trespassers.  Seriously, for years DEC has put out their data that one was 7 times less likely to get shot while wearing orange.  I'm not sure why it took so long to have this law enacted.  We always wore it and required anyone who hunted our property to do so. 

[Caveman]

30 minutes ago, jperch said:

Yes, hunter orange (or pink) is now required in NY.  This is really unfair to the trespassers.  Seriously, for years DEC has put out their data that one was 7 times less likely to get shot while wearing orange.  I'm not sure why it took so long to have this law enacted.  We always wore it and required anyone who hunted our property to do so. 

There are many who believe that just because something is a good idea or practice does not mean it should be mandatory and enforced by law.

[Bucksnbows]

14 hours ago, mowin said:

Yes it does.  Third season for it. 

 

10 hours ago, Kayak Ken said:

Changed about a year or 2 ago. Orange is required 

 

9 hours ago, Bucndoe said:

Incorrect.   The law changed about 3 years ago. It's absolutely required now and at 250 square inches is more compared to NJ's 200 square inches

Thanks, but I’m not crazy because it was that way for a long, long time. It’s a newer law. It never impacted me because I always wear far more hunter orange than is required.