May 27, 2014

Handgun Carry for Bowhunters Expands into Maryland

Following several years of stalled legislation, Maryland Gov. Martin O'Malley has signed into law a measure permitting bowhunters in western Maryland counties to carry handguns for personal protection.

Sponsored by state Senator George Edwards (R - Garrett, Allegany and Washington Counties), SB 231 permits bowhunters who are otherwise authorized to carry a handgun to carry for protection while hunting in Deer Management Region A. According to Edwards, bowhunters are vulnerable to outdoor crime and dangerous wildlife while afield, and should be allowed to carry a firearm for protection. Deer Management Region A sustains the state's highest concentration of black bears.

SB 231 passed in the state Senate by a 43 to 2 vote in February and subsequently breezed through the House 120 to 9. An identical bill introduced in the 2013 session failed to pass. In the previous two sessions (2011-2012), measures to permit handguns for authorized bowhunters statewide failed to gain traction.

Gov. O'Malley signed the bill into law May 15. It will be effective for the upcoming 2014 archery-hunting seasons.

State-by-state regulations vary, with most simply allowing those with valid state concealed handgun permits to carry while bowhunting. Others are more specific, like Arizona, which in 2006 revisited its long-standing restriction under pressure from bowhunters who were concerned about their safety in remote areas near the US border with Mexico.

As a result, the current Arizona bowhunter/handgun regulation reads: "Hunters participating in an archery-only hunt may carry a non-hunting handgun for personal protection and safety. As a guideline, a non-hunting handgun shall be defined as a handgun with a barrel length of 6 inches or less that does not have a scope or any type of electronic device. Handguns meeting this definition may be carried during an archery-only hunt for personal protection only. They may not be used to take any species of wildlife while participating in an archery-only hunt."

Still, at least 15 states continue to prohibit bowhunters from carrying a firearm for personal protection.

2013 marked the first hunting season in which Vermont hunting archers were permitted to legally carry a handgun while afield. House Bill 129, an NRA-supported bill introduced by state Representative Patrick Brennan (R-Chittenden-9-2), allowed bowhunters and dog trainers to carry a handgun for self-defense while engaged in those outdoor activities.

Because sportsmen of various pursuits are often in remote rural areas, lawmakers in a growing number of states understand they are left vulnerable by the prohibition on carrying a handgun for self-defense. In recent years, the Office of National Drug Control Policy (ONDCP) has warned hunters and others that illegal marijuana cultivation on public land has grown to highly problematic levels in many areas. The operations are often run by Mexican drug cartels and guarded by heavily armed members of U.S.-based street gangs and illegal Mexican nationals.

The ONDCP estimates that violent Mexican drug cartels construct, operate and manage 80 to 90 percent of all U.S.-based marijuana plantations - most of which are located in Arizona, California, Hawaii, Kentucky, Oregon, Tennessee, Washington and West Virginia.

In 2011, Alabama bowhunters were permitted for the first time to carry handguns for personal protection during archery-only seasons. That same year, North Carolina regulations allowed archery hunters "to carry, but not hunt with, a concealed handgun with valid concealed carry permit or an open carry handgun, as long as it is not in conflict with any other regulations in that jurisdiction."

In addition, the 2011 archery season marked the first time bowhunters in Missouri were allowed to carry handguns for personal protection. In 2010, Tennessee and Kentucky each liberalized handgun-carry regulations for archery hunters.

The National Rifle Association has actively supported the expansion of handgun-carry privileges by bowhunters in state legislatures and continues to do so.

"For many years, the NRA has actively advocated for the right of bowhunters to carry firearms for self-defense while in the field," said Darren LaSorte, Manager of Hunting Policy for NRA-ILA. "We know that bad things can happen to good people anywhere, anytime. There is no reason that bowhunters should be forced to surrender their right to self-defense every time they enter the field."

- J.R. Absher


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