Overview of Crossbow Regulations in the Garden State
In the Garden State, within the past few years, there have been some significant changes with current NJ crossbow law. Although the legality of crossbows have been a long debated hot topic, the State may have finally put this issue to rest with the passing of N.J.S.A. 23:3-6.2. Instead of wrestling with the legislature and the awkward, unartful way this law is laid out, I have included the language of the law in order to give the reader a better understanding of the new legislation (and to cut to the chase): "a "crossbow" means a device for propelling projectiles by releasing stored energy, including a device known as a crossbow gun, and which consists of at least a bow, a stock and a trigger mechanism; except that any device commonly referred to in the sporting arms industry as a crossbow pistol which is less than 15 inches in overall length shall be classified as a handgun under the provisions of chapter 58 of Title 2C of the Revised Statutes; (5.8-09.1)" "This act shall not apply to an antique or collector firearm, or any rifle or shotgun with a barrel length of 15 inches or greater, which has been determined to have been manufactured prior to January 1, 1954, and which is sold or transferred to a collector or dealer who is properly licensed to possess the weapon. "The Division of Fish and Wildlife in the Department of Environmental Protection shall, within one year of the effective date of this act , in consultation with any other interested State agency or political subdivision, submit to the Legislature a report on the feasibility and advisability of developing and implementing a registry of individuals who are qualified to possess a crossbow under this act. "Not later than six months following submission of the report required under subsection b. of section 2 of this act, the Legislature shall determine whether the State intends to develop and implement a registry of individuals who are qualified to possess a crossbow under this act and shall notify the division of its determination. "Any activity related to hunting, trapping, or fishing, including permitting, shall comply with all permit requirements in any law, rule, or regulation, including the provisions of P.L. 1948, c. 366 (C. 23:4-3.1), and the provisions of the Fish and Game Code, which are applicable to a rifle or shotgun with a barrel length of 15 inches or greater, not a pistol, a rifle, shotgun, or handgun, excluding antique or collector firearms." While it is still a crime to possess a handgun without a permit, and while you continue to require an additional endorsement to hunt with a crossbow, it appears that this may be the closest we get to legalizing the use of crossbows in hunting, and we can now feel confident that you will not be arrested in the middle of the woods for failing to have the 15" barrel.
Rules for Hunting with a Crossbow
Prior to 2009, crossbows were only permitted as a special use tool for individuals with certain disability requirements. In 2009, the New Jersey Division of Fish & Wildlife began to authorize the use of crossbow in the North, South and Central seasons, including both the regular and late winter seasons. This includes the special early bow season, the six-day firearm season, the special winter bow season and the spring turkey season. Individuals using crossbows to hunt deer in these designated seasons must possess a valid current license with a crossbow permit. Crossbow is not permitted for wild turkey hunting.
New Jersey has designated a separate class of license to accommodate those using crossbows. While a person with a basic hunting license meets the legal requirement for possessing a crossbow, to hunt deer with a crossbow, individuals are required to obtain a crossbow license, in addition to the hunting license.
Age and Permit Specifications
A person must be at least 18 years old to obtain a crossbow permit. The person also must show proof of having successfully completed a National Bowhunter Education Foundation Course in addition to a Bowhunter Education Course. In lieu of the National Bowhunter Education Foundation Course, the Department of Environmental Protection Division of Fish and Wildlife will accept a Bowhunter Education Course or a Hunter Safety Course.
Guidelines for Transporting and Storing a Crossbow
Crossbows must be transported in an unstrung fashion in your vehicle, while arrows must be placed in a holder or quiver, or otherwise be kept in a way that will not allow them to discharge or otherwise be released from the device. Again, a crossbow with an attached scope, without a safety and that is cocked can be legally transported, but certainly not a safe practice, if you have ever shot such a device and know the amount of force necessary to release the power of a cocked bow string. The best recommendation is to not ever transport it in a cocked position. Moreover, to be best prepared in the event you are stopped and questioned by the Division of Fish & Wildlife or a local Law Enforcement Officer, there should be no arrow nocked to the crossbow at that time. Conventional wisdom also dictates that if it is cocked, you should have a bolt /arrow that has a field point on the end and not a broadhead or have the bolt/arrow removed from the device. Having the bolt/arrow removed is critical. Again, pragmatically, do what makes you most safe, given the situation.
Legal Consequences of Misuse
Those who violate New Jersey’s crossbow hunting regulations or go beyond the bounds of legality, generally can expect to be met with some pretty stiff penalties. The fine for illegally using a crossbow while hunting is $300 and illegal use may include punitive measures including fines and loss of license privileges for a designated period of time.
Enforcement of New Jersey’s crossbow law falls under the jurisdiction of both federal and state regulations. For example , New Jersey follows federal law with regard to violators of anti-poaching laws. Federal law violations may include killing an endangered species where there is no hunting season or bag limit and where no permits were issued for the animal. In such an instance, violators may be punished by a fine ranging from $100 to $5,000 and/or a jail sentence of up to six months.
State regulations impose criminal penalties that are more severe than federal law. Penalties involve fines ranging from $1,000 to $150,000 and/or incarceration.
A Comparison of Crossbow Laws in Surrounding States
Just to the south of New Jersey, both Maryland and Delaware have relatively inclusive laws. In fact, Delaware gets bonus points for allowing crossbows to be used during the entire archery season, both deer and all game. Maryland’s laws are similar, but only applies to deer. Equal to New Jersey, Delaware requires a permit, while Maryland only requires registration. New York is more restrictive than New Jersey, and requires a permit to use a crossbow during that state’s archery season (fewer deer, fewer hunters). Pennsylvania is very similar to New Jersey, although it has opted out of allowing crossbows to be used during the late deer season. In addition, Ohio, Maine, Virginia and Connecticut allow crossbows during the entire archery season. Connecticut and Virginia do impose some requirements on handicapped, elderly or youth hunters. Interestingly, Massachusetts does allow crossbows for deer hunting, not for bear.
The Road Ahead for Crossbow Legalities
The field of archery hunting is one that is constantly evolving. As more and more people are introduced to the sport, discussions and debates inevitably arise over how best to regulate a sport which has interests on both sides of an issue. In New Jersey, the future of crossbow legislation is a topic drawing plenty of attention.
For the past several years, there have been calls to expand the use and legality of crossbows across New Jersey. Currently, crossbows are permitted for use by members of the Armed Forces on leave, those with permanent physical disabilities, and those who are 55 years of age or older. However, not everyone feels that the market should inform the regulation of hunters and anglers in New Jersey. When former New Jersey Governor Chris Christie proposed lifting the prohibitions on the use of crossbows through the 2017-2018 campaign season, the proposal was immediately met with resistance from groups that felt this change would have a detrimental effect on game populations.
"This legislation is about money not natural resources," the Trenton Times quoted Scott Lancelotti, N.J. Fish and Wildlife Council member, as saying "Removing the restrictions on crossbow use could result in an overharvest of deer, a decline in the number of aging hunters we have, and a decline in traditional bowhunting opportunities."
This is not to say, however , that all crossbow advocacy proponents are guilty of financial interests. For instance, in 2016, NJTV News also covered a story on New Jersey’s crossbow debate, uncovering the story of a disabled veteran who, through cutting-edge technology, had assembled his own crossbow utilizing the same technology and materials which is used to build high-precision weapons for the military. Even with the technology at his disposal, the Veteran was still denied deer hunting prospects due to the current legislation.
And then there are the traditionalists, who for example, petitioned to block a bill which would have allowed further expansion of use of the crossbow beyond those categorically disabled. In November 2016, New Jersey’s crossbow legislation was expanded to include a two-month-long winter buck season – bumping the total authorized season in the Garden State to 8.5 months annually! For longtime New Jersey New Jersey State Federation of Sportsmen’s Clubs (NJSFSC) President Mark Laubenheimer, this was one of the last straws. Calling the bill "an ATV registry bill in disguise," Laubenheimer called upon the NJSFSC to "take a position against the use of crossbows as an alternative method of taking game in New Jersey."
At present, no bill to repeal or expand crossbow legislation is in committee. However, with every legislative session the landscape shifts, and this will surely be an issue to keep an eye on in the future.