Sharpster

I have to agree with Hardcorehunter on this one. Personally I doubt that this "trick" would work at all. If you know where the deer are in the pre-dawn, then it shouldn't be too difficult to find out where they are going at first light and set up your stand there to avoid spooking them on your way in. This way you don't even need to question whether you are "cheating".
Sharps.

Charlie P

That's a very grey area.

Walk out of the woods at night and unload your gun when you get to the car and I'll guarentee, you get be ticketed for it.

How do you say when your in your stand with a bow your not hunting? If a game warden wanted to be a real richard cranuim he couldwrite you up.

HuntinGUS

Yeah, the chances IMO are slim, but I imagine it could and does happen. If all of the elements are present I think it could happen. Perhaps if the wind was in your face and it was raining,the deer hastakenlost most ofthe defense mechanisms if you are using a light to shine in it's eyes. Can't see you, Can't smell you, Can't hearyou.

I would not call it cheating if it did happen if the animal was not shot while a light was on it.

Also, I interpret the regs to mean that you cannot shoot an animal outside the specified times. I don't think it means you cannot set in your stand or blind all night if you want, you just can'tshoot until the specified times.

Charlie P

Found this on the NYSDEC site.

Q. Can I use a light to see my way through the woods when I go hunting?
A. Yes. You may use a 2 cell AA battery pen light to see your way, as long as you are not hunting or even looking for deer with the light.

This is NYS definition of hunting.

To hunt—means to pursue, shoot, kill or capture (other than trap) wildlife and includes all lesser acts that disturb or worry wildlife whether or not they result in taking. Hunting also includes all acts to assist another person in taking wildlife

So I believe if your sitting in your stand really early in the morning a DEC officer that wanted to be a jerk could write you up for hunting before legal hours. If your in your stand couldn't he very easily determine you are pursuing game?

Killer_Primate

I would have to agree Charlie, especialy with the "includes... disturb or worry" part. Just walking to the stand could and does "disturb" and"worry" deer.

That's why you need the light; it relaxes them!

Just kidding!

Austin/WI

I had a buddy that almost got ticketed for something like during bow season. He came out after dark, all his arrows were in his quiver and the warden still gave him a warning.

kevin1

Indiana prohibits spotlighting game animals while in possession of a weapon. Jacklighting deer like that used to be common practice for market hunters 150 years ago, but it isn't very sporting.

GMMAT

WOW!

I’m kind of surprised at some of these responses (but it does make for good debate!). I think the word “immediately” just before “preparatory” would ALSO come into play. I’ve also sat in my stand a GOOD while after dark…..waiting for the deer to clear my set. In those instances…..I don’t have an arrow nocked…..don’t have my release aid on…..and I’m DEFINITELY not HUNTING.

In MY eyes….I’m not “Immediately” preparing to take an animal…..until I’ve come to full draw with my bow. Everything I do…..up until that point…..is irrelevant.

Is there a law against me going into the woods on private land that I have permission to be on…….climbing up into a stand with my bow…….and sitting there all night? In MY opinion……as long as I don’t ATTEMPT to TAKE a game animal……I’m within the statutes (a far-fetched example…..but it applies, I THINK).

This is why I believe it’s so hard to catch poachers in MY state. I don’t think there’s a damned thing they can do about a man hunting without a license ……or hunting out of season…..until he actually ATTEMPTS to TAKE a game animal.

Let’s just say I’d like my chances, in court!

I know you guys are just discussing this…..but I do what everyone else here does, for the most part. It’s not unusual to go to stand in the wee hours, here. Not at all. Game lands and Military bases have their own set of jurisdictional regs. I’m also aware of that.

Good stuff!

Austin/WI

I'm with you GMMAT. I was hunting a large tract of public land with my father a long time ago when I was little, and we camped out in the blind we setup. He unloaded and cased the rifle, we kept on the orange, but we deffinitely weren't hunting that night. I understand why it could be frowned upon - its not hard to uncase a rifle and throw a couple of shells in quick, but then again the people who are going to break the laws know the laws and don't care.I guess it's all about interpretation.

GMMAT

Whether or not they had a gun in the car .....when you get right down to it.....isn't a factor in whether or not they were breaking the law. It's not a prerequisite to the statute.

I didn't say he did the "right"....or "prudent" thing. I just stated he cited them for breaking a game law. They did.