Deer proposals make upcoming Division Open Houses interesting

by Larry S. Moore

There are several proposals regarding deer hunting that should make the annual Division of Wildlife Open Houses on Saturday March 5 interesting. One proposal circulated by Whitetails Unlimited Field Director Tim Schlater calls for allowing deer gun hunting to continue for one-half hour past sunset to align with the archery season. Another proposal being circulated would allow the use of rifles chambered for the legal pistol cartridges to be used. It is quite possible that earlier requests to permit the use of single shot rifles in the black powder cartridge configuration, such as the .45-90 cartridge, will continue to surface.

Schlater, in a letter to then Acting Chief John Daugherty noted, "Currently gun hunters are required to unload their guns and quit hunting at sunset, thus losing the best 30 minutes of hunting time in the entire day. Deer usually begin moving to a food source around sunset, just as legal hunters are walking back to their vehicle." Schlater also noted that gun hunters can start one-half hour before sunrise when there is roughly the same amount of daylight as one-half hour after sunset. Schlater claims that all the states adjacent to Ohio allow gun hunters to hunt until one-half hour after sunset with no increase in hunter incidents. According to Schlater providing this opportunity to gun hunters effectively adds 7.5 hours of some of the most productive hunting time to the current gun seasons.

Jim Lehman, Division of Wildlife Law Enforcement Administrator, notes, "Schlater is correct that is a prime time for deer to move. The Division has to be cautious that we are not causing any safety issues. The hunter orange is not effective once the sun goes down. There is a potential for hunter incidents. We are looking at some other states that allow it and checking their incident rates. We want to give an opportunity we can to harvest deer as long as it can be done safely. The Division must take hunter safety and incidents as a high priority. We believe that is key to continued public support."

Buckeye Firearms Association volunteer Aaron Kirkingburg is among those proposing to make pistol caliber carbines legal implements for deer hunting. The proposal has detailed ballistic comparisons showing improved ballistics over the shorter barreled handguns. Another supporter Dan Allen claims improved range and accuracy with the carbine rifle due to sighting radius and the shoulder stock. He asserts that the carbines are more accurate than the shotguns for deer hunting. The plugging of the carbines for three shots is often tougher to accomplish than with shotguns but there is no requirement to plug handguns. Allen is challenging the Division of Wildlife to substantiate that the plugging limit has made any difference in safety in the field for Ohio's deer hunters.

Kirkingburg explains, "We have been submitting the proposal for pistol caliber carbines at the ODNR open houses, for the past five years. There is an ever growing group of hunters interested in using these firearms. Many hunters enjoy harvesting deer using as many different methods as possible as a challenge. I would love to add carbine or rifles to the list. However, as an Ohio resident, I must buy costly out of state licenses, and travel to do so. This causes my sportsman dollars to be spent somewhere other than in my home state."

"Many people may argue that rifles or carbines are not needed in Ohio due to safety concerns. All the surrounding states allow some form of rifle hunting with little difference in safety issues. In some of these states, much of the terrain and population densities are very comparable to Ohio. Range and accuracy are similar to firearms currently legal for deer harvest in Ohio, with accuracy being a little better in some cases. So what is the hang up? Capacity seems to be the sticking issue for the ODNR. Due to an accident back in the early 90's, Ohio enacted a three round limit for shotguns. The plugging does not apply to handguns. The argument is that someone shooting at a running deer does not pay attention to what is down range while following that deer in their sights. However, this regulation has created a new safety issue, when those wishing they had a fourth shot, take their eyes off the target to hastily reload their firearm. Reacquiring that target for a quick follow up shot can lead to the exact same problem. Where do we draw the line?."

Lehman explains the Division of Wildlife concerns, "It's the plugging issue that is our greatest concern. We have seen various proposals in the past. Most compare the rifles to the handguns since handguns are not plugged. However, handguns are self-controlling due to the skill set required to successfully harvest deer using them. Handguns are used at much closer ranges and the use of handguns is very limited. We realize the rifle carbines may be popular to hunt deer. The Division must ensure there are no safety issues. There may be some things we can do. We are continuing to evaluate the options to ensure whatever may be done doesn't open up more controversy."

Lehman also noted that the Division of Wildlife is currently in something of a state of flux with a number of personnel, including the Chief's position, being filled with interim assignments. The plugging requirement continues to experience a number of violations and citations written each year. Hunters who violate the law are, quite frankly, part of the problem in getting the Division to move forward in the area of rifle hunting. The overwhelming majority of hunters are law-abiding, ethical and safe. However, the few who wish to do things their way no matter what the law are spoiling the pot for the rest who are advocating for more freedom of choice in firearms for deer hunting.

Lehman concludes, "We may be able to look at some single shot firearms that meet some criteria. I don't expect to see any changes this year since those rules are already proposed. We realize there are positives for allowing some type of rifle hunting. Some parts of Ohio the terrain may allow it but we've never set regulations based on geographical features. We look forward to sitting down with sportsmen constituents and further examining the options."

A study in Pennsylvania by Todd S. Bacastow PhD, with MountainTop Technologies, Inc, examined the question if muzzleloaders and shotgun slugs are safer. The study was funded by the Pennsylvania legislature and done in cooperation with the Game Commission. In addition to examining the distance the firearms may shoot, the study also addressed the issue of ricochets. The study concluded, "Conventional wisdom is sometimes wrong. When considering extreme, high and moderate firing errors the shotgun and muzzleloader were less risky than the centerfire rifle. When firing with smaller or no aiming error, which is probably the most likely circumstance, the shotgun proved to be riskier than a centerfire rifle. The muzzleloader was always less risky than both the rifle and shotgun. Eliminating or controlling the ricochet seems essential if the shotgun is to be used as an effective risk management option." The firearms and ammunition used were a 30-06 rifle with a 150-grain soft point bullet; a 12 gauge sabot 50 caliber hollow point semi-spitzer bullet; and an inline muzzleloader with 50 caliber CVA Powerbelt bullet.

Kirkingburg concludes, "There are some of us working with the Wildlife Council and the ODNR Division of Wildlife to, come up with a safe solution. Ohio's three round shotgun capacity needs to be scrutinized, and maybe better education versus more regulation is the answer. Meanwhile, those of us who do not drive deer, and prefer to hunt from a stand choosing our shots wisely, are still not allowed to use firearms that can safely and effectively harvest deer, in our own state."

What's your opinion? Now is the time to get to the March 5 Division of Wildlife open houses to voice your opinion. Hunters unable to attend an open house may contact the Division at 1-800-WILDLIFE (1-800-945-3543) or via email at [email protected]. Commenting on hunting forums or at the local gun club is not going to change the rules. Whether for or against the idea, now is the time to make your voice heard to the Division of Wildlife.

Outdoor writer and hunter education instructor Larry S. Moore is a long-time volunteer leader for Buckeye Firearms Association and winner of the 2005 USSA Patriot Award, the 2007 League of Ohio Sportsmen/Ohio Wildlife Federation Hunter Educator of the Year and the 2010 National Wild Turkey Federation/ Women in the Outdoors Hunter Education Instructor of the Year.