Outdoorliaisons.com
Written by Frank Carbone Jr.
Hunting Implement or Weapon?
From my dictionary the definition of “Weapon” is - An instrument or device of any kind used for fighting, as specif. [sic] in warfare“.
A kitchen knife is just a knife, cutlery - until it is used for fighting or an assault - it then becomes a weapon. You wouldn’t tell one of your family members to go to the kitchen drawer to get a “weapon” out to carve the Thanksgiving Turkey. And as a little league coach you wouldn’t tell one of your players to get a “weapon” from the bat rack. These instruments or devices have definitely been used as weapons in our region but we don‘t call them weapons until they are used as such. By the same token don’t tell me that I am using my rifle, shotgun or bow as a weapon when I am just target shooting or hunting.
Within the past year, I have had firsthand experience and read about some NYS counties’ and town’s attempts to enact laws that would restrict the normal way of life for hunters, gun-owners, bow-hunters, trappers, target shooters (gun and bow) and others. These proposals are surfacing in different parts of the state and country frequently. Some have passed and some are hanging on the fence waiting to be introduced or voted upon. Governor Pataki was responsible for the restrictions placed on honest gun-owners last year when he introduced some of the most intrusive guns laws in the country - and they passed.
And last year, Dutchess County Lawmakers drafted a “safe-storage law” that used the word “weapon” 28 times (I have a copy of the law and I counted). In my opinion this law was intended for the average law abiding gun-owner since no criminal will ever abide by this law or many other gun laws already written for that matter. It was surprising to me that the word “weapon” could be used by lawmakers, in this manner, to describe my shotguns and rifles, none of which has ever been used for anything but hunting and target shooting. The careless use of the word “weapon” in this case is definitely a misnomer, prejudicial and arbitrary .
And on 1/18/01 the New Paltz Town Board held a public hearing on a draft law that would have outlawed hunting and target shooting on all public land in the town. There was some confusion as to whether the law applied to town owned public land or just publicly owned land within the town. This draft law also used the word “weapon” several times to describe our hunting implements, firearms, guns or bow and arrow. Approximately one-hundred men and women turned out for this meeting with about 18 speaking out against the law . Only one speaker from the audience spoke in defense of the law and that was the highway superintendent. It appeared that the action was initiated because one resident asked the highway super if hunting was allowed on a 200 acre piece of town owned public property (ex-dump). Which by the way had been posted years before. The posters became torn and weathered and not maintained. So instead of just reposting the property someone decided to stir up the whole town by creating a new law. In this case it took the actions of one individual to upset a whole town. Where is this law going - just keep vigilant. As local freedom defender John D. says "The price of freedom is eternal vigilance."
In another upstate town last year - there was an incident involving a .22 caliber projectile striking the window of a home. One thing led to another and before you know it someone drafted a town law to stop rifle hunting within the town borders. The newspapers reported the story and intelligent people started asking questions. Where did the projectile come from? Was it a rifle, a handgun or an airgun? Was it a hunter or a target shooter? Was it accidental or deliberate? Why punish a large group of law abiding people for the careless act of one unrelated, unknown individual? If this were the case we should be controlling baseball bats and kitchen knives for they are surely used intentionally, many times, to kill or hurt people. It is my understanding that the proposed law “banning rifle hunting” in that upstate town was dropped.
In Orange County last March - three OC Legislators decided to draft a law to “eliminate rifle hunting,” during the state’s 3 week firearm season for deer - throughout the county. Was their reasoning justified? What prompted them to do this? Was there a significant number of people or homes being shot by rifles during the deer seasons? No. Should this have been on the top of their priority list of things to do? No. Were there other more important county problems to solve? Yes. Was this an act of reprisal? What about the baseball bat assaults that were happening in the region? Why didn’t they try to enact a law to eliminate baseball bats in Orange county? Remember any device that is used for fighting is a “weapon“.
We understood that the proposed law would apparently only be effective during the deer hunting rifle season. We also knew that there are still many regions of Orange county that are very remote and very mountainous. So why the big push on “eliminating rifle hunting” during the three week deer season. Then not worry about rifles the rest of the year for any other activity - hunting or target shooting.
After the public meeting of the rules committee for the draft law - held in the legislative chambers. I asked one of the three legislators who sponsored the law why they took the course that they did. The answer that he gave me was unbelievable. He said that he received a phone call from one resident in the town of Newburgh. Was there a documented complaint or concern that I could read or copy ? No. Just a phone call.
Now if this is all it takes to get the Orange County Legislature or any government body to act - I think some legislators may have a pretty busy future. But you can’t prove it by me or my great friend Frank Reggero Jr. In September of 1999, five months before the “rifle ban” action by three OC Legislators - Frank and I wrote a letter to five Orange County public servants. From the state level down to the county level - senator, assembly and county executive. The purpose of our letter was to request a public meeting or a “town meeting” where the citizens of Orange county could address our own public servants regarding our concerns about Stewart Airport, the threat to the Buffer Lands West of the airport and the Drury Lane interchange Project. We did receive a written response from four of them and one called me personally. They had refused our request. Little did they know they had violated our 1st Amendment Rights by turning down our meeting request. So much for Article 1 of the ten original amendments to our Constitution, part of which reads “the right of the people peaceably to assemble and to petition the government for a redress of grievances.“ Now Frank and I didn’t just make a phone call - we wrote a letter. We weren’t just representing ourselves - we were representing tens of thousands of other outdoor folks in Orange County. As I see it, our 1st , 2nd and 4th Amendments are being threatened here in Orange County and other places - in one way or another.
The Hudson River and the Striped Bass Fishery has been getting a lot of exposure lately. I attended three meetings recently - two last week and one in December. The one in December concerned the PCB Remediation Project by the EPA in the upper Hudson. The others last week - one on the 22nd in Kingston and one on the 23rd in Spring Valley. Each meeting was well attended with about a hundred people at the first and 65 at the second. State Legislation called for a Temporary Advisory Commission (TAC) of seven folks to explore the possibility of opening the Hudson River to Commercial Striped Bass Fishing. Three of the commissioners are recreational fishermen, three are commercial fishermen and the seventh member, the chairman, is Professor of Natural Resources from Cornell University. The commercial fishermen are currently catching herring and shad in nets during the striper spawning run. Estimates say that many stripers are caught in nets used for shad and herring and many die. This is considered a by-catch and have normally been discarded. Currently, some feel that 47,000 pounds of Striped Bass can be taken each year by the commercial fishermen without affecting the population. It has been stated that many die in the nets before being released. Many assumptions appear to have been made by the NYSDEC. Many questions still need to be answered. The TAC’s charge is to study, obtain public comment and report to the NYSDEC Commissioner by 3/1/01, the recommendations of the TAC. The future of the Hudson River Striped Bass may be under threat.
Currently the NYS Department of Health (DOH) advises the NYSDEC on the consumption of fish caught in NYS waters. Check your latest Fishing Regulations Guide 2000-2002 - you may need a magnifying glass - on pages 23 to 27 there are health advisories for many waters of NYS. The health advisory on Striped Bass, caught in the Hudson between the bridge at Catskill and including the Upper Bay of New York harbor, says eat only one meal per month - for adult human males. In this case a fish that for the most part spends approximately 6 weeks out of the year in the Hudson for spawning purposes and then supposedly returns to the ocean. Women of child bearing age or a child under the age of 15 should eat none. The report is complex and my best advice is to read it yourself thoroughly. This is a sad commentary when your state’s department of health tells you not to eat the fish that are part of our environment. On the other hand, when the commercial fishermen take their catch to market will the customers of the fish markets be made aware of the health advisories? Likewise those folks who fish parts the Hudson where a license is not required may never know of the health advisories.
The Federation of Dutchess County Fish and Game Clubs, Inc. along with the Poughkeepsie South Rotary Club, the Ossining Yacht Club and the Dutchess County Tourism Promotion Agency, will hold their 7th Annual Fighting Hudson River Striped Bass Fishing School on March 25, 2001. The Cornell Cooperative Extension Farm and Home Center in Millbrook, NY is the location. Doors will open at 8:30 AM and sessions will start at 9:00 AM, continuing until 4 PM. Pre-registration is not necessary to attend the school. Call Bill Emslie (845-297-9308) for more information or check with your favorite sporting goods store.
The previously mentioned organizations are also announcing their 12th Annual Hudson River Striped Bass Derby to be held May 12th and 13th 2001. Derby registration forms are available from Bill Emslie (845-297-9308) or at area sporting goods stores throughout the Hudson Valley.
More on the Hudson River Saga in future columns.