Crossbows would be legal, but archers would regain assurances
On the surface, Senate Bill 2048 appears to be a loss for the Mississippi Bowhunters Association, the strong lobby group that represents a few thousand members and all archers in general.
But language in the bill that would legalize crossbows for all hunters during any deer season also provides a compromise that gives the MBA something it has been seeking for several years — reaffirming in state statute the right to use bows and arrows during any open deer season.
“You just have to read it closely,” said archer James Turner of Jackson. “When I first read it, I just thought it was a crossbow bill, and then when I read it again, I saw where it meant so much more.”
Turns out, Turner wasn’t wrong either time.
The original draft of S.B. 2048 was indeed simply a crossbow bill legalizing the weapon for all hunters during all archery, primitive weapon and gun seasons. The Senate Wildlife, Fisheries and Parks Committee amended it slightly before passing it, but 2048 remained a crossbow bill.
It was only when it hit the floor for debate by the full Senate that the bill morphed into a compromise that the MBA was seeking. What was a lengthy piece of legislation was shortened to this:
Section 49-7-38, Mississippi Code of 1972, is amended as follows: Any person 16 years of age or older who is exempt from having a hunting license and any person licensed to hunt deer with a bow or primitive weapon may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.
The key phrase is “may hunt with a crossbow or bow and arrow during any open season on deer, turkey or small game.”
By including the phases “or bow and arrow” and “any open season on deer” the bill guarantees archers the right to use bows during gun season.
Bow hunters have been reeling for three years, ever since the state’s attorney general’s office issued an opinion that existing law provides no guarantee that archery equipment is legal during gun seasons.
The opinion was in response to a request by former House Wildlife, Fisheries and Parks Committee Chairman Bo Eaton (D- Taylorsville) following the 2010 legislative session.
Eaton was frustrated by the MBA’s successful opposition to his attempt to increase gun-hunting opportunities, which would have come at the expense of archery and primitive weapon days. A bill Eaton introduced that year passed the House but died in the Senate Wildlife Committee where the MBA found its greatest strength.
Bows have remained legal during gun season because the AG also offered an opinion that the Commission on Wildlife, Fisheries and Parks had the power to establish “special seasons” as deemed necessary to manage the deer herd.
For three years, the Commission has done exactly that, creating a special archery season to coincide with all gun and primitive weapon seasons.
Nobody ever questioned whether or not it was necessary for managing the deer herd, because nobody ever wanted to open that can of worms. The problem the MBA faced was the reality that at any time the Commission could change its mind.
Wanting something more concrete, the MBA sought legislation reassuring in state law the legal use of bows during gun season. Those efforts have gone unanswered until now.
Early in this legislative session, MBA Legislative liaison Max Thomas had said his group felt the inclusion of crossbows was inevitable, and that the MBA was hopeful, at best, that with crossbows would come compromise.
It did, and it left at least one archer wondering if fighting against crossbows was worth the effort.
“I know there are some bow hunters who oppose cross bows, but I don’t have a problem with them and never did,” said avid archer Tommy Green of Brandon. “I didn’t oppose them in the past and I welcome them now with open arms if their legalization is the vehicle to insure our right to hunt with bows during all seasons.”
S.B. 2048 is now headed to the House and the wildlife committee, where it should meet little opposition.
Click here to read more about the two deer hunting bills now working their way through the legislative system.
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