what is the legal distance to discharge a firearm on my property

Avoiding Conflicts Between Hunters and Property Owners

Photo past Chris Spies

One of the more frequent complaints from landowners is in regard to discharge of firearms. Many non-hunters are unfamiliar with firearms and the prevailing media reports of firearms typically involve their use in crimes. Firearms, shotguns especially, can exist loud and difficult for a person to make up one's mind where or how far away a shooter may really be. Gunshots that occur unexpectedly, particularly in early morning hours, may cause landowners to be alarmed or disturbed.

Hunters accept a legal correct to hunt on almost public lands and waters. However, landowners may object to hearing gunshots, exist concerned about their prophylactic, and try to exert ownership rights over the land and water near their property. If yous accept concerns, y'all can find information beneath that may help conflicts be amend understood, mitigated, or avoided.

Private Property

Riparian Rights

Riparian (shoreline) landowners are afforded certain rights by virtue of their proximity to public waters. For example, they have the right to seek a permit from the country to use the underwater lands in front of their property for placement of a boat dock or mooring. As with whatever private property, landowners have the correct to access their own holding, including the shoreline.

Trespassing

The Ecology Conservation Law (ECL) (leaves December website) does non let hunters to enter private belongings without permission or to utilise private property to access public lands and waters. Hunters must avoid using private belongings for admission to public lands and waters and must not enter areas posted with a warning for trespass. Trespassing is illegal even on unposted holding. At any time, anyone asked to leave a property (posted or not) by the landowner, occupant, or authorized person, must do so immediately.

If a hunter wounds game, they must obtain permission from the landowner prior to accessing the land in pursuit of the wounded game. If permission is refused, the hunter may not access the property in pursuit. DEC cannot compel a landowner to grant access. If the hunter has reason to believe the landowner intends to illegally possess the wounded game, that should be reported to a NYS Ecology Conservation Officer.

Trespassing on areas posted against trespass pursuant to the Environmental Conservation Law is punishable past a fine of up to $250 and/or upward to xv days in jail.

Enquire Stickers

ASK Permission Sticker

Permission to access property tin can be granted to specific individuals. An individual should make contact with landowners, requesting permission to access land for a particular use (hunting, tracking wounded game, etc). Access to the belongings is dependent on the landowner's discretion. While verbal agreements are common, written permission from the landowner confined prosecution of trespass, therefore it is the recommended process. For the landowner's convenience, the DEC provides, free of charge, small Enquire permission stickers that tin can exist fastened to posted signs to provide a visual indicator that permission for admission may be granted upon asking. Some landowners find written permission a convenient way to go to know guests and to go along runway of them. They write simple notes or brand homemade forms granting permission.

The DEC also provides free blank Landowner Permission Records (PDF), equally well as Inquire Permission Brochures (PDF) explaining the program. Physical copies of these forms are also bachelor free from DEC regional Wild animals offices, or by writing to NYSDEC, Bureau of Wildlife, Albany, NY 12233-4754.

Landowners and lawful occupants are encouraged to permit access to responsible individuals requesting access. Many are people who respect property, people, and the surroundings. Responsible guests tin can help y'all care for your holding. Dec relies on hunting as i of the tools of wild fauna management. Regulated hunting and trapping help control wild animals populations to avoid disease, unhealthy wildlife, ecology damage, crop and ornamental institute damage, and highway accidents.

Read more regarding Posting Your Land, Public Rights of Navigation, and Accessing and Navigating Waterways.

Discharging a Firearm while Hunting well-nigh Dwellings

The Environmental Conservation Law (ECL) by and large prohibits discharge of firearms within 500 feet of a dwelling or other occupied construction, unless permission is received from the possessor. However, for waterfowl hunting, the NYS Legislature recognized that human settlement patterns and waterfowl habits warranted special consideration. When hunting ducks or geese that besiege on near-shore waters, information technology is safer for a hunter to shoot abroad from shore than to shoot toward shore from open water. In recognition of this, the ECL specifies that when hunting waterfowl and shooting over water, belch of firearms within 500 feet of a dwelling is allowed, as long every bit there is non whatever dwelling, public structure, livestock, or person within 500 feet of the shooter in the direction they are shooting (ECL Department 11-0931).

A waterfowl hunter may legally hunt from shore, a boat, or blind even if there is a firm less than 500 feet behind him or her, as long as shooting occurs out over the h2o and away from the business firm.

Landowner Responsibilities

It is important for landowners to recognize that their command extends only to the property they fully own. Landowners may not interfere with or exert control over legal activities occurring on public lands and waters. Specifically, it is illegal for any person to harass a person who is legally hunting or trapping (ECL Department 11-0110). Additionally, it is illegal to disturb a trap lawfully prepare by another person or to remove a lawfully trapped animal from another person'southward trap. At the same time, it is reasonable and helpful to suggest the hunter/trapper of any concerns you might have. Landowners should be mindful of nearby hunters, particularly those provided permission to access their land.

It is too important for riparian landowners to be familiar with hunting laws so they understand what is legal. If a landowner observes behavior they believe to be unsafe or illegal, they should contact a NYS Ecology Conservation Officer.

Hunter Responsibilities

Family Turkey Shoot

Hunter behavior is often scrutinized by the public. Inappropriate actions or simple poor judgment by just a few hunters can pb to controversy and result in the call for additional laws, regulations, or local ordinances that would restrict all hunters.

It is important that hunters be aware of and obey all land hunting laws, also equally whatsoever local belch ordinances. When using public lands and waters, information technology is essential that hunters access these areas legally.

Hunters also must evidence upstanding and courteous behavior to local residents. A picayune courtesy and fourth dimension spent before a hunt can go a long fashion to avoid or minimize problems. Here are some suggestions:

• Consider contacting landowners adjacent to where yous volition exist hunting, well in advance of your hunt. Let them know when and where you will be hunting. They may exist less concerned if you only plan to hunt a few days or at certain times of the twenty-four hour period.
• Take the fourth dimension to explain to the landowner your intent to abide by the laws and regulations pertaining to hunting, your familiarity with the locations of houses, and your want to be rubber.
• Programme out your shooting directions, and verify that the spot y'all choose to hunt is safety and in compliance with the law. Keep in mind that shot pellets, especially when discharged at a high angle, can sometimes travel farther than 500 anxiety.
• Identify any concerns the landowner may have and discuss them before you lot go hunting.
• Leave your hunting location every bit clean as you found it. Exist certain to pick up your empty shell casings and other litter you may find.
• In urban and suburban areas, be specially mindful that prior permission from neighboring landowners is necessary to allow yous to rail and/or recollect wounded game.

Trapper Responsibilities

Photo courtesy of Noble Armstrong

Information technology is important for trappers to recall that public perceptions tin play an important role in the hereafter of activities similar trapping. Most people are neutral or indifferent to regulated trapping; the deportment of just one trapper tin can sway public stance in either direction. For this reason, it is important that trappers follow all state regulations and make every effort to be responsible and ethical. An ethical trapper is one who respects landowners, other people, the furbearer resource, and habitat.

Below are some tips on being a responsible, upstanding trapper and helping to ensure the continued wise use of the resource:

• Respect landowners' rights and ever obtain permission before trapping on individual lands. Identify any concerns that the landowner may have and discuss them before setting traps.
• Ask landowners who else might be using their property during trapping season. Be certain to communicate with them regarding where and when they may be using the property.
• Be enlightened of other people using the outdoors and avoid interference with their activities. Remember that traps cannot be set on a public route, and that torso-gripping traps set on land shall not be within 100 feet of the public trail except on Wildlife Management Areas.
• Exist aware of free-ranging domestic animals and avoid trapping where there is a loftier take a chance of catching them.
• Know and use selective and humane trapping sets with appropriate trap types and sizes.
• Don't set more traps than you tin effectively handle.
• Check traps as early in the solar day as possible.
• Fully utilize trapped furbearers whenever possible. Dispose of beast carcasses properly.
• Make an effort to trap any areas where furbearer populations are overabundant or are creating a nuisance.
• Avoid destroying living vegetation to make sets.

Resolution of Conflicts

Mutual understanding and courtesy shown by hunters and landowners can go a long manner toward preventing conflicts. Even so, there are some situations where the parties themselves are not capable of resolving conflicts. In those situations, it is advisable for either the landowner or hunter to contact December's Division of Law Enforcement at their 24-hour hotline 1-877-457-5680, or the Bureau of Wildlife at the Regional December office nearest you.

For a handy "pocket reference" for constabulary officers and waterfowlers, contact your nearest DEC Wild animals Office or electronic mail your request.

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Source: https://www.dec.ny.gov/outdoor/94213.html

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