Stolen Decoys

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Re: Stolen Decoys

Postby Frank Lopez » Wed Dec 11, 2013 8:39 pm

Willie and Ducker, please show me where I posted what I would have done! I simply stated what I know to be fact with respect to NY State law. In fact, I very often leave my gear in place in the marsh for short periods. That doesn't mean that I'd have any LEGAL claim should that gear be stolen. It's simply a chance you take.

Carrying things a step further, how could you prove, in a legal sense that the gear is yours? Do you mark your decoys? Many years ago, wooden decoys were typically branded with the owner's name. Not much of that today. Some of us do mark our blocks and other gear. Personally speaking, we do it because we often hunt in groups and when we break down the spread at the end of the hunt, everybody gets his own blocks back. But, it could be used for identification purposes also.

Like I said, my comments were strictly about what I know to be the law. Not what I'd do personally.

Frank
I feel slightly sorry for a man who has never patterned his gun, who has no idea how far his chosen load will retain killing penetration. But I'm extremely sorry for the ducks he shoots at beyond the killing range of his gun and load - Bob Brister
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Re: Stolen Decoys

Postby NYDucker » Wed Dec 11, 2013 10:39 pm

I don't believe I called you out on what you would have done. I see where you are coming from. I just personally think that taking a deer stand out of a tree and keeping it when it is not mine is indeed stealing not "finding abandoned property." And in saying that I am not insinuating that you think it is right. Bottom line....these dekes were stolen! This poor guy went from having a bad day to an even worst...bad season.
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Re: Stolen Decoys

Postby h2o dog » Thu Dec 12, 2013 7:59 am

First of all, I’m sorry that I’ve created quite a stir with this. Yes, you who have mentioned that leaving decoys on hunting property is not the smartest idea. I agree with you and I don’t generally leave my decoys anywhere. I didn’t actually make the conscious decision to purposely leave my decoys on the property. I accidentally left them there. The reason they got accidentally left there is because of my current duck and goose decoy set-up. I have an ATV with a 4x8 enclosed trailer attached to it, that also has ATV tires on it…it’s not a road-worthy trailer. I put all of my goose decoys and lay-out blinds in this trailer. This trailer is packed completely full. I pull this whole set-up onto a 16 foot flat-bed landscape trailer. I always leave my duck full-body dekes in the bed of the landscape trailer, underneath the ATV trailer. I leave them there so I can use them in areas where we kill ducks and geese in the same field. .If we are hunting an area where we are only gonna kill geese, I leave them on the landscape trailer. So when we get to our spot, before I off load my ATY and its accompanying trailer, I have to take my duck dekes off so I don’t run over them. After I pull the ATV/trailer off the landscape trailer, I throw my duck dekes back into the landscape trailer while we’re goose hunting. If I’m parked in an area where passing drivers can easily see the dekes in the landscape trailer, to avoid them getting stolen, I’ll hide them somewhere…..this was the case on the day that I left them at the farm accidentally. When we were done hunting, I pulled my ATV/Trailer back onto the landscape trailer, and forgot to grab my duck dekes out of the brush where I hid them (on private property).When I got home and realized that I had left them at the spot, I figured it wasn’t too big of deal because we have exclusive duck-hunting rights to this property and that I had hid them in the brush anyway. I just figured that I’d grab them when I went back to hunt the next time there…which is quite often. The property is at least a 40 minute drive one way and I didn’t want to take anymore time away from my wife and kids during the day. If it was public land, I would’ve most definitely driven back to the spot. Again, I made a simple mistake of leaving my dekes there. But I didn’t think the chance was very good that they would be stolen from private property with my name visibly inscribed on each decoy.

There is absolutely nothing in the law that indicates property left, especially property inscribed with an individual’s name on it, that it is abandoned. Frank, in as respectful as a manner as I can put it, you unfortunately had to deal with lazy and/or unknowledgeable law enforcement officers. And for that I feel bad that you received that poor information.

The bottom line is that I really just want my dekes back. It also bothers me that by trying to get my dekes back, that it got us thrown off of a good hunting spot and possibly severed a friendship. However, I was able to learn a few things from this whole incident. One important thing to remember is that people are more important than things. I’d give up all of my waterfowl hunting equipment and all of my private hunting spots for my family and friends. I never made the conscious decision to try to get my dekes back for the purpose of severing a friendship and trust…I just wanted my dekes back.

Thanks to all who have given me their support. If any of you are ever in Albany, send me a PM, and I will put you on an excellent duck and/or goose hunt, even you Frank.
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Re: Stolen Decoys

Postby Slack Tide » Thu Dec 12, 2013 9:01 am

It may be time to go into "Full-Dick Mode" and put up signs on the poles and trees on the farmers yard and lawn talking about how your decoys were stolen. Call the local news and have them interview you on his lawn.
Get a chicken suit and get up on his lawn with a big sign for passers by...etc...
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Re: Stolen Decoys

Postby Frank Lopez » Thu Dec 12, 2013 10:32 am

h2o dog wrote:There is absolutely nothing in the law that indicates property left, especially property inscribed with an individual’s name on it, that it is abandoned. Frank, in as respectful as a manner as I can put it, you unfortunately had to deal with lazy and/or unknowledgeable law enforcement officers. And for that I feel bad that you received that poor information.


I disagree, particularly with the comment about the law enforcement officers. Like I said, I know the guy. He's not lazy or unknowledgeable and I have absolutely no reason to believe that he'd give me bad information. ECOs have a tough job. They are the most powerful law enforcement officers in the state. And they are required to know the law. In nearly fifty years of hunting and association with ECOs, I've never seen one that could be labeled "lazy" or "unknowledgeable".

Frank
I feel slightly sorry for a man who has never patterned his gun, who has no idea how far his chosen load will retain killing penetration. But I'm extremely sorry for the ducks he shoots at beyond the killing range of his gun and load - Bob Brister
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Re: Stolen Decoys

Postby savage221 » Mon Dec 16, 2013 1:55 pm

Frank - Can you please give a legal citation (including section, part and or sub-part) for the New York State statute on abandoned property which allowed you to formulate your opinion on the mater at hand. Thanks.
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Re: Stolen Decoys

Postby BayMan718 » Mon Dec 16, 2013 3:06 pm

man all i know is i'm glad i hunt on peoples land that i can trust... :biggrin:

and honestly getting the troopers involved and not expecting to get kicked off the land and having your blind go up like the hindenburgh....is like setting yourself on fire and expecting not getting burned... :eek:
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Re: Stolen Decoys

Postby Frank Lopez » Mon Dec 16, 2013 3:47 pm

savage, have you any idea what a paralegal gets paid do look up something like that? Tell you what you do. Go to your regional DEC office and speak to the head LEO and see what he says. I already know what our guys say.

Regarding the remarks about your car/boat on the ramp. The motor vehicle law covers that. With a few other exceptions, it isn't a case of criminal law, it civil law. Law enforcement does not get involved with civil matters unless ordered by a judge. And then, in most cases, it's the local sheriff, not the police that are involved.

Frank
I feel slightly sorry for a man who has never patterned his gun, who has no idea how far his chosen load will retain killing penetration. But I'm extremely sorry for the ducks he shoots at beyond the killing range of his gun and load - Bob Brister
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Re: Stolen Decoys

Postby savage221 » Mon Dec 16, 2013 5:24 pm

Just looking for you to back up your opinion with something in existing law. Your answer was kind of a dodge Frank.
Oh, and I have a really good idea what attorneys and paralegals are paid :smile:
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Re: Stolen Decoys

Postby Frank Lopez » Mon Dec 16, 2013 6:37 pm

savage221 wrote:Just looking for you to back up your opinion with something in existing law. Your answer was kind of a dodge Frank.
Oh, and I have a really good idea what attorneys and paralegals are paid :smile:


No dodge at all. I said right up front where I got the information. I have no reason to doubt them. Especially on the say so of an anonymous posting on the internet. Of course, the judicial system would have the final say. But the executive branch makes the initial determination. So, like I said, contact your local DEC office and see what they have to say about leaving your rig in the field.

Frank
I feel slightly sorry for a man who has never patterned his gun, who has no idea how far his chosen load will retain killing penetration. But I'm extremely sorry for the ducks he shoots at beyond the killing range of his gun and load - Bob Brister
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Re: Stolen Decoys

Postby savage221 » Mon Dec 16, 2013 6:50 pm

Statutory changes actually initiate with the legislature branch, not the executive.

All I was asking was for you to back up your opinion with some legal facts which you still have not been able to do. Also, aren't we all anonymous posters? I don't know if you are who you claim to be or if anything you're posting here is true.
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