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M/SUNNY Temp: 65 °F Wind: CLM at 0 mph Monday, September 29, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend August 14, 2003 Outdoors The right to bear firearms By MARK FREEMAN Mail Tribune For the past two years, bowhunter Jerod Broadfoot has placed protecting his own neck above conforming to state hunting laws. The Salem-area man routinely carries a 9 mm pistol while hunting deer and elk in eastern Oregon, in violation of hunting rules banning the carrying of sidearms while archery hunting. With the cougars and bears so plentiful, he says he needs — and deserves — the right to such firepower to survive any potential encounter with a bear or cougar. "Without it, you’ve got just one shot with a stick," says Broadfoot, a 23-year-old political lobbyist. "When you put yourself in that situation, you put yourself on the bottom of the food chain." Advertisement Broadfoot will remain atop the food chain this fall. But this time, he’ll do it legally. At Broadfoot’s behest, the Oregon Fish and Wildlife Commission on Friday suspended all its rules banning the carrying of certain firearms and munitions during hunting and furbearer seasons. Oregonians now will be allowed to carry other weapons with them like pistols and rifles in the field this season. However, it remains illegal to use a rifle or pistol during bow and muzzleloaders seasons. The decision came after the Oregon Attorney General’s Office agreed with Broadfoot’s claims that a 1995 state law strips the Oregon Department of Fish and Wildlife’s previous authority to enact lesser "administrative rules" that restrict gun possession. "State law trumps administrative rules," Broadfoot says. The change also applies to adults who heretofore were banned from carrying weapons while assisting teens in special youth hunts as well as furbearers during the pursuit season with dogs for bobcat and other species. ODFW leaders will comb through all their hunting seasons in search of all similar rules and strike them, says Ron Anglin, the agency’s wildlife division administrator. The sidearms ban began in the mid-1980s over concerns that a small percentage of archery tag-holders used guns to kill their quarry. It since became commonplace in specialized big-game seasons as an extra tool to curb poaching. Capt. Cynthia Kok of the Oregon State Police says it takes away one tool in troopers’ enforcement arsenal, but it won’t inevitably lead to more illegal kills. "Our feeling is that the bad actor is going to do something illegally anyway," Kok says. "Ethical hunters will be in possession of that weapon for ethical reasons — protection." Bowhunting advocate Don Pritchett of Medford concurs. Pritchett, who owns Dew Claw Archery Supplies, says bowhunters hiking stealthily through Oregon’s woods can encounter circumstances where an arrow can be too small to hide behind. "You never know what you’re going to run into, like a pot field or a cougar," Pritchett says. "But it’s really the cats that are the concern. With the numbers of them out there, we bowhunters are having a lot of close calls." Broadfoot certainly agrees. The product of a Hermiston logging family, he’s hunted northeastern Oregon’s deer and elk with a bow since age 13. Often, he hikes into tree stands far before sunrise so he can climb his stand and let his scent disperse before first light. When hiking out, he’s often seen bear or cougar prints following his path into the woods. Two years ago, he started bringing his gun. "Now, when I walk into a stand in the dark, it’s in my hand," Broadfoot says. "I got a bow and flashlight in one, and a pistol in the other. "When you’re by yourself, it’s a big concern," he says. Broadfoot found he wasn’t alone. A lobbyist for Pac/West Communications in Wilsonville, two of his clients — Safari Club International and Oregon Gun Owners — also took issue with the ODFW’s gun-possession bans. Researching the issues, Broadfoot found the early prohibitions were legal. But the 1995 Oregon Legislature passed a state "pre-emption" law keeping it only the Legislature’s authority to regulate the sale, transfer, ownership, transportation ... and possession of firearms. "We didn’t feel (the ODFW) had the authority," he says. Broadfoot wrote a three-page summary of the issues, and sent it to Anglin in June. Anglin asked for the attorney general’s opinion, which concurred. That led to Friday’s change, in which the commission adopted an emergency rule stripping those gun-possession rules from the books. Anglin says the ODFW and the OSP will be looking at ways of monitoring any impacts of the change. Friday’s decision could become the status-quo indefinitely, since the commission did not ask Anglin to seek a way to make the old prohibitions legal. "Unless the commission tells us to do something, we wouldn’t take any action," Anglin says. Broadfoot says he’s happy Oregon’s 600,000 big-game hunters will be able to decide for themselves whether a sidearm is necessary. Broadfoot certainly will continue to carry his pistol, and he hopes never to need it. "I’ve not come face-to-face with a bear or cougar, or there would be a dead one in front of me," he says. Reach reporter Mark Freeman at 776-4470, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. 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