Jump to content

Frustrating Call With The DEC!

Cabin Fever

By Cabin Fever,
in CrossBow Hunting

 Share

Recommended Posts

Cabin Fever Mentor

Cabin Fever

Posted
Posted

My 15 year old daughter is looking forward to hunting with a crossbow this year. After thinking about things, I began to wonder if it's legal for her to hunt from a treestand?

 

12-15 year olds CAN hunt from a treestand while bowhunting.

14-15 year olds CAN NOT hunt from a treestand while hunting with a firearm.

 

OK, so where do crossbows fall in here?? Can she use a treestand or not?? 

 

http://www.dec.ny.gov/outdoor/46245.html

14 and 15 Year Old Hunters Can Hunt Deer and Bear with a Firearm

Here are the requirements for junior hunters to hunt big game with a firearm:

  • Youth must have completed a course in Hunter Education and
  • Youth must have a Hunting license.
  • Adult mentor must be a parent, legal guardian, or a person who is 21 years or older and is designated in writing on the Mentored Youth Hunter and Trapper Permission Form (PDF) (24 KB).
  • Adult mentor must be licensed to hunt big game and have 3 years of big game hunting experience.
  • Adult mentor must maintain physical control over the junior hunter at all times while hunting. This means the mentor and junior hunter must be close enough to talk without the aid of a radio and must be able to see each other.
  • Both the junior hunter and mentor must remain on the ground while hunting; you may not use a tree stand or hunt from an elevated platform.
  • Both the junior hunter and mentor must wear hunter orange visible from all directions: shirt, jacket or vest with at least 250 square inches of solid or patterned orange (the pattern must be at least 50% orange) OR a hat with at least 50% orange.

 

I called the DEC and spoke to someone there. I may have well called my wife's hairdresser and asked her opinion!!! I explained my question and concerns.

She said, "Well, I don't see anything that says she can't, so why not? Plus, it mentions treestands in the crossbow regs, so you must be able to hunt from a treestand with a crossbow."

I said, "Because she's 15, and there are different regs for youth for bowhunting and hunting with a firearm."

She said, "Buts its a crossbow, not a firearm."

I said, "Then why do we have to buy a muzzleloader license to hunt with a crossbow?"

 

This went on and on.... She just kept running around in circles and gave me NO answers!!! I swear, I felt like I was talking to someone clueless at a customer service call center in India!!! Guess I'll call the local ECON officer and ask him, since it is ultimately up to him, whether to ticket someone or not!

Link to comment
Share on other sites
Culvercreek hunt club Enthusiast

Culvercreek hunt club

Posted
Posted

I am betting that since they are requiring a ML tag to use one it will be classified as other firearms and not be able to use a stand...it is however in the last two weeks of archery season so who knows. The whole tree stand crap makes no sense to me any way. you can be in a stand at 12 with a bow but not at 15 with a gun.

 

I would suggest getting an email out instead of calling then you have a record of the answer. You are still region 8 at camp? right?

  • Like 3
Link to comment
Share on other sites
NFA-ADK Rookie

NFA-ADK

Posted
Posted

A crossbow is considered a bow.  Not allowed to have a firearm at that time so this would be bow season and those rules would apply.  As far as I can tell.  I would go with Culvercreek Hunt Club and send an e-mail this way you have a record, great advice to CYA.

Link to comment
Share on other sites
Cabin Fever Mentor

Cabin Fever

Posted
  • Author
Posted

I called the regional office and spoke to someone there. She wasn't the least bit pleasant on the phone either and acted quite annoyed by my question! (Note to self... Do not call the DEC again!) She said that it's considered a firearm, so those regs apply (No treestand). I told her about calling the other office and was told that it wasn't considered a firearm, but I didn't have much confidence in the other person!

Link to comment
Share on other sites
growalot Newbie

growalot

Posted
Posted

I have been through this...get anything in writing whether through e-mail or fax and if you were smart as you were..... and went to a few different venues make sure names are gotten and if answers differ...get them on ink...then go hunt ...you can screw the DEC in court later if need be.

Link to comment
Share on other sites
rotorooter23 Newbie

rotorooter23

Posted
Posted (edited)

I guess it depends on the state your in... but to my knowledge a firearm is defined by using a powder... A bow is not considered a firearm so why should a crossbow be? They are constructed with the main purpose as to discharge a projectile without powder and are different only in the means of which it is discharged. I don't think it is but I could be wrong...

Edited by rotorooter23
Link to comment
Share on other sites
jjb4900 Newbie

jjb4900

Posted
Posted

the biggest problem is the way the laws are written, instead of being cut and dry, they can be open to interpretation to those who enforce them.....and if they write a ticket and you go to court and win, they're really not getting screwed...they just lose the case and you still are inconvenienced by having to go to court and fight it.

Link to comment
Share on other sites
Four Season Whitetail's Newbie

Four Season Whitetail's

Posted
Posted

Yup just another reason to carry on and do what you will and what you think best as a grown adult. There are so many grey areas in life anymore and so many people that really dont know squat think they have the smarts to tell you how to live your life. Do what you think best regardless of what they say and worry about the backlash later if one arises. 

 Go ahead Steve..Fire away about me being a crook and blah,blah,blah.

  • Like 1
Link to comment
Share on other sites
Cabin Fever Mentor

Cabin Fever

Posted
  • Author
Posted
WNYBuckHunter, on 20 Oct 2014 - 1:24 PM, said:

Ill PM you someone to email

Well, this just keeps getting better (and MORE confusing)!!

 

This was the email that I sent to WNYBuckHunter's contact and the response that I got back...

 

Mr. XXXX (DEC) –

 

My daughter is 15 and is looking forward to hunting with a crossbow this year. I have a question regarding her being able to use a treestand or not, while hunting with a crossbow? According to the regs (http://www.dec.ny.gov/outdoor/46245.html ) , youth between 12-15 years old can use a treestand while bowhunting, but 14-15 year olds using a firearm can not. Can she use a treestand hunting with a crossbow? I have some 2 man treestands, so we would be sitting side by side, if that makes any difference.

 

Thank you for the information.

 

Best Regards,

ZZZZZZZZZZ (Me)

 

 

 

Mr. ZZZZZZZZ (Me)

 

Yes, you and your daughter can hunt together from a tree stand.  The requirement to wear orange and hunt from the ground only applies for junior hunters and their mentors when hunting deer or bear with a firearm.  As the crossbow is not mentioned in this section, the restriction does not apply.

 

Happy Hunting and good luck.

 

Mr. XXXXXXXX (DEC)

 

 

 

Call #1 to the DEC, I was told YES she can.

Call #2 to the DEC (speaking to someone different), I was told NO she can't as the crossbow is considered a firearm! (She was quite bitchy too, like "DUHHHH, of course she can't, why would it be treated any different than hunting with a gun!")

Email #1 to the DEC, well I don't know, as it's been a whole week now with no response!!

Email #2 to the DEC (new contact), says YES she can, as the crossbow is NOT considered a firearm!!

 

 

So, I'll be printing up the email and carrying it with me!!!!!!!!!!!!!!!!!

 

 

  • Like 1
Link to comment
Share on other sites
Culvercreek hunt club Enthusiast

Culvercreek hunt club

Posted
Posted (edited)

FYI: You are NOT required to have MZ tag to use a crossbow.

Unless of course you are hunting that portion of the season. But it is not required for thee regular firearm season.

I was told the opposite.

 

Never mind

Muzzleloader privilege is not required when

hunting with a crossbow during the early

bear season or the regular firearms seasons.

 

And that was conveyed to me by DEC

Edited by Culvercreek hunt club
Link to comment
Share on other sites
Merlot Collaborator

Merlot

Posted
Posted

Cabin, maybe it's just as well to have your daughter sit on the ground in a makeshift ground blind this year, until she gets a little seasoning on hunting. A lot to think about for a youngster just getting started in a tree stand with a weapon of any kind. No disrespect towards your training of your daughter, but maybe it's just better for now to have her on the ground for now. Just my opinion. Good luck to you and your daughter on the hunt this season.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to topic listing

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...