Guest Editorial Written by: Larry Becker – Board Member, NY Crossbow Coalition
New York Crossbow Coalition and the Legislative Session ending – June 2024
This is an update of where we are in New York State, in achieving full inclusion of the crossbow as an implement in the entire early archery season. We have battled both politics and misinformation on a regular basis.
Many of us have been involved in fighting for full inclusion of crossbow as an implement during early bowhunting seasons for a few decades. Most of us are long time bowhunters who for medical reasons can no longer draw a bow and/or make an ethical shot, but still enjoy the woods during archery season. Despite filing many legislative bills stating our case, we have only made minimal progress.
The New York Crossbow Coalition, started by Rick McDermott, was born on February 3, 2012, as a Facebook Group. Within a week there was tremendous support for the issue and in March 2012 we filed the paperwork and became an incorporated business. We moved forward and received our 501c7, tax-exempt status on November 17, 2013.
Through our efforts in Albany in 2014, we were influential in securing crossbow language in the Executive Budget that would have granted the NYS Department of Environmental Conservation (DEC) full regulatory authority over crossbows as legal hunting implements. Similar language was included in the Senate’s Budget proposal but some influential members of the Assembly were very much opposed and it was not in their Assembly Budget Bill. All or nothing would have resulted in nothing and as a result there was a compromise in the final Enacted Budget that gave New York its first crossbow season that included part of the early archery seasons. Best of all, it contained no sunset clause. Was it perfect, absolutely not, but it was a great first step in crossbow equality. The current compromise is you can only use a crossbow in the last two weeks of the early bow season, and under the law in New York State the user must purchase a Muzzleloader privilege to hunt with one. Current regulations require that the crossbow can have a maximum draw weight of 200 pounds, and a minimum width of 17 inches. Most modern crossbows exceed these specifications, effectively making them not legal under current regulations. Also, the user cannot fire within 250 feet from a dwelling, school, etc. Since the hunter must have competed a Hunter Ed (firearms) course to receive the Muzzleloader privilege and not a Bowhunter Ed (archery) course, this means that those that have never bow hunted, but carry a crossbow do not receive the proper training! Interestingly, the Internal Revenue Service and US Fish & Wildlife have classified crossbows as archery equipment and federally govern their sale and use under archery rules. And, our New York State DEC fully supports crossbow use during the full archery season and have stated so in their 10 year Deer Management Plan.
The politics: When this law was passed, the voting majority in the Senate was primarily conservative/republican and we had their support. The vast majority in the Assembly was/is liberal democrats, mostly out of New York City and its surrounding counties and we had very minimal support. Now both legislative houses are controlled by progressive liberal democrats and the Governor is also a progressive liberal democrat. The crossbow bills are assigned to the Environmental Conservation (EnCon) Committees in both houses and must be reviewed and passed on by them before being brought to a floor vote in the respective houses. A successful misinformation campaign has convinced these chairs and some other legislators that crossbows are bad for our sport.
Despite some bills supporting crossbow use which are sponsored by legislators friendly to our cause, the fact that the EnCon committee chairs have not let these bills see the light of day has meant that they have not reached a full vote on the floor of their respective houses. There was one exception in the 2024 session and that is the Senate did pass a bill that would allow those 60 and older to only hunt deer (not bear) with a crossbow during the full archery season. The Assembly EnCon committee unfortunately did not put this bill on their agenda. This bill would be subject to such “restrictions as the department (DEC) may adopt by regulation.” Some of the misinformation that has been used to successful stop full implementation and our responses:
Question: Is the Crossbow an archery Implement?
The opposition states: The Crossbow is not a bow. This was determined by survey resulting in this statement: “Our decision to oppose the crossbow as being considered archery equipment was based on several polls. The overwhelming majority felt the crossbow, with their rifle stocks, telescopic scopes, ability to be shot from a rest, the fact that they are not hand drawn and hand held and their considerably longer effective range, does not qualify it to be defined as “Archery” equipment”. Our answer: The US Fish & Wildlife and the Internal Revenue Service classify crossbows as archery equipment and collect Robinson Pittman excise tax accordingly. Like long bows, recurve and compound bows, crossbows have limbs, strings and shoot arrows.
Question: Should crossbows be classified in the New York State Muzzleloader category?
The opposition states: The crossbow is a rifle that shoots arrows. Because it has a rifle like stock and trigger, sling swivels, and a scope, it should be classified in the firearms category. This convinced the legislature and thus the reason for the requirement of a muzzleloader privilege and firearms training to hunt with one, rather than a Bowhunter Education class. Our answer: A common definition of a firearm is – “A firearm is a device, from which is expelled through a barrel, a projectile by force of an explosion or other form of combustion.” Crossbows do not have any of these characteristics.
Question: Are the New York State Archery only seasons intended only for “primitive” implements?
The opposition states: Archery only seasons are intended for “primitive” implements. Crossbows are not primitive implements. Our answer: Current New York State regulations state “BOW- includes long (stick), Compound or recurve bow” They do not state or define “primitive. We do not have a primitive implement requirement. In addition, modern compound and recurve bows with or without the add-on accessories that majority of bow hunters in our state use, are not “primitive” implements.
Question: Is the use of a crossbow during the archery only season “fair” to other bow hunters?
The opposition states: Crossbows are not fair because we have to practice more to improve our skills with traditional archery equipment. And bowhunting was meant to be a challenge. Due to the crossbows rifle-like nature, it takes less time and practice to attain or maintain sufficient shooting skills. Our answer: The amount of time and practice it takes to improve one’s skills and accuracy with any hunting implement varies greatly by individual and should not be the criteria for determination if any implement should be legal for hunting in any given season.
Question: Is the use of crossbow during the archery season driven by manufacturer marketing?
The opposition states: The impetus behind this trend (Crossbow) has always been about the money to be made by every major archery manufacturer and their desire to tap into the wallets of the entire hunting community, who, even during times of economic depression, spend a lot of money on outdoor recreation. They also state: “The Archery Trade Association created this love affair, not the bowhunting community”. Our answer: The demand was, and is, primarily driven by long time bow hunters and those with disabilities or other physical limitations who for various reasons can no longer pull, hold or accurately shoot any of the other types of bows, but want to continue to enjoy the sport they love. Also, the use of crossbows has allowed younger people and those of slighter stature who are not able to draw a compound bow to be able to participate in the New York State Archery season. The simple fact is that Crossbows have overtaken Compound Bows and now account for over half the sales of archery implements nationally. This contributes dramatically to Robinson-Pittman excise tax dollars that are meant exclusively for wildlife habitat preservation and improvement. New York State loses out on their fair share of these dollars since the taxes are collected federally and allocated to states based on hunting license sales proportionately by state.
Questions: Are crossbows more accurate than other bows? Are more deer wounded by crossbows then other bows?
The opposition states: Crossbows are more accurate. More deer are wounded with crossbows than traditional archery implements. Our answer: Accuracy is a good thing with any implement, not a negative. There is no scientific data that verifies that more deer are wounded by crossbows. If they are indeed more accurate, this argument does not make sense.
Question: Are crossbow less safe that other bows?
The opposition states: Crossbows are unsafe. Traditional archers in the field will be shot by crossbow hunters since the crossbow hunters will be shooting 100 yards or more. Our answer: First, we do not recommend any bow hunter shoot at game further than their own capabilities allow. Second, depending on draw weight there are compound bows that can easily reach 100 yards. Third, noting a limit of only two weeks during crossbow early archery season, the New York State DEC records from 2011-2022 show: three (3) compound bow incidents – One self-inflicted, two inflicted on others. Four (4) crossbow incidents – All self-inflicted. Many wrongly informed NYS legislators believe all the opposition points are true. We believe the real issue here is that certain groups of vertical bow hunters do not want more hunters hunting during “their” season. The simple fact is that more hunters in the woods is good for hunting, state tax revenue, and to help manage our deer herd effectively. Crossbow Coalition members have testified on the record at two different New York State Senate hearings on this issue and we have addressed and countered all arguments.
Recent pro-crossbow legislation:
First we need to point out that the 2024 legislation is over for this year, unless they call for a special session, which seldom happens unless there is some sort of critical issue, which will certainly not be crossbow legislation. This is an election year so there will be a turnover of some legislators for the 25/26 session. Also, all bills not passed in 23/24 will be null and void and must be refiled if there is a sponsor willing to do so. The current bills we favor are:
1. A2631/S73 – This is the most comprehensive bill that would allow all to hunt the entire archery season with a valid bowhunting privilege if they have bowhunter training. This removes all the unjustified restrictions. It was originally filed in 2012 and has been refiled each legislative session since. It has been sponsored by a Senate Republican and an Assembly Democrat who are sympathetic to our cause. The Assembly Democrat is not seeking re-election, and Assembly EnCon committee chairs have never put this bill on their agendas.
2. A2940/S3191 – Similar to the above except it only applies to 16 year olds and younger, and 55 and older. It is sponsored by Democrats in both houses, one of which is running for a Federal office and not state re-election.
3. A4372/S2250 – removes length, width and draw weight restrictions. No other changes.
4. A6815/S5802- Would only allow those 60 and older to only hunt deer (not bear) with a crossbow during the full archery season. Sponsored by same Democrats as the bills in 2 above.
As previously noted, we will need to obtain some new sponsors and get these bills refiled after the legislators are sworn in during the 2025 session. The New York Crossbow Coalition will continue to be a major advocate for full inclusion of crossbows in the archery seasons and work hard to achieve that goal on behalf of all hunters that would like to or need to use that type of archery implement so they can enjoy the sport they love. We could definitely use your help! One of the things we hear from legislators is they receive a lot of correspondence from the anti-crossbow folks, but not from those in favor of crossbow use.
CALL FOR ACTION – HOW YOU CAN HELP:
1. Please visit our website and join our New York Crossbow Coalition https://nycrossbowcoalition.com/
2. Contact your legislators and let them know you support the use of crossbows during the full archery season. Find your legislator here:
- Assembly: https://nyassembly.gov/mem/search/
- Senate: https://www.nysenate.gov/contact
3. 2024 is an election year for our legislators. In January 2025 we will know who the legislators are that were reelected, numbers of the crossbow bills that are refiled, their sponsors and the leaders of the major committees. At that time we will be asking for you to make contact with them as well as your local legislator. In the meantime, please visit our website https://nycrossbowcoalition.com and keep abreast of changes. We will let you know the action plan as soon as we know where things stand in 2025.
