Why is it illegal to hunt deer with a spear in NY state?

I can’t think of any basis for this regulation. Why does it exist?

Does it exist? Where is it codified?

http://www.dec.ny.gov/outdoor/28182.html

It is illegal to take or hunt wildlife:

[ul]
[li]while in or on a motor vehicle (except by the holder of a Non Ambulatory Hunter Permit).[/li][li]with the aid of a vehicle’s lights.[/li][li]on or from any public road.[/li][li]with any firearm equipped with a silencer.[/li][li]with any firearm which continues to fire as long as the trigger is held back (an automatic firearm).[/li][li]with a spear.[/li][li]with a bow equipped with any mechanical device which is attached to the bow (other than the bowstring) for drawing, holding or releasing the bowstring, except for a hunter with a disability who is in possession of a Modified Longbow Authorization (compound bows are legal).[/li][li]with a spear gun or crossbow except for a hunter with a disability who is in possession of a Modified Crossbow Permit.[/li][li]with an arrow with an explosive head or shaft.[/li][/ul]

I don’t know NY law but as a hunter familiar with restrictive laws in other states one of the primary intents of these laws is to insure a quick and effectively lethal application of a killing mechanism. The use of a spear is (1) not nearly as accurate as a weapon that can be better aimed, like an arrow or bullet, (2) will probably not have near the penetrating power as other weapons, (3) spears are not generally in widespread use and so an appropriate classification that can be regulated doesn’t exist.

While I’ve not thrown many spears, just the basic construction and requirement they be hand thrown introduces so many elements of inaccuracy into the equation. The likelyhood of simply wounding an animal far exceeds the probability someone’s toss will be lethal, especailly if winter clothing is worn while attempting the feat.

Were spears thrown by hand ever used by anyone in NY at any time period? I would imagine the bow would be the weapon of choice in pre firearm days.

Deer in NY are union, and have a very strong lobby.
Or, what** lieu **said.

If I was a deer, I would be lobbying for spears and against firearms.

Hunting frogs with spears is not unheard of.

http://en.wikipedia.org/wiki/Gigging

There is a small group of hunters who favor using spears for sport hunting of boar or deer. Some states do have explicit seasons and rules concerning their use. Alabama, for instance, allows spears. At any rate, state game laws have to address the issue, since some people want to use them.

Atlatl hunting is a related issue.

I believe this is the correct answer.

Here in Ohio, you can hunt deer with a handgun (during gun season), but it must be a .357 or larger. During bow season, you can use a crossbow, but the draw weight must be 75 lbs or more. During muzzleloader season, you must use .38 caliber or larger.

You get the idea.

In Missouri, use of a crossbow is limited to firearms season.

Interesting, just found this page that provides some state by state guidance, along with links for some to official reg sites.

How about hunting with a held - not thrown - spear? You know, setting it againts a charging boar, medieval-style. Is that done?

n/m, I thought you were taking about setting a spear against a deer, boar-style.

A related issue to lethality is that unlike firearms and the compound bows usually used for hunting, the effectiveness of an atlatl is hugely dependent on the user’s skill and strength. A skilled user should have no problems bringing down even very large game, but at this point the state probably isn’t all that interested in implementing a paleo-weapons certification program.

Yet they also, I believe, forbid the use of dogs to track wounded deer. Seems that would be an excellent way to reduce the numbers of injured but surviving deer from errant shots.

In Minnesota you have to have a doctor’s note certifying your disability in order to use a crossbow. In Wisconsin, anyone 70 or older can use one.

Maybe they exist but so far I don’t see any regulations distinguishing as to how a spear can be employed.

Again, the overall legality appears to differ on a state by state basis. NY doesn’t allow the use of a spear, no matter how it’s implemented, for any game whatsoever. Some other states, Texas for example, allow a spear but limit its use to non game and exotic animals only. This would include feral hogs. Then some may fully allow its use (Alabama was mentioned). While Alabama does say the spear must be hand thrown, I think what they mean is that it can’t be mechanically launched and that that doesn’t preclude simply wedging it in the Earth to protect against a charging animal. The hunter’s safety is of course a consideration too.

My understanding is that humans traditionally hunted large game in groups when they were using spears. It’s not just one guy, one stab, done - the goal is more to turn the target into a pincushion and hope it bleeds out fast. Sounds like a bad end.

A decent thrower will send an atlatll dart weighing about 6 oz at close to 90 fps. This will be about double the amount of energy a typical archer will kill with. Accuracy up to about 20 yards to attain a clean kill is expected to qualify as an atlatlist. They call them darts but they are often reffered to as spears by the general public, about 6ft length is pretty typical and often longer. I have witnessed a clean rabbit kill at 60 yards by one of the worlds best altatlists. He admiited it was a bit of luck but at 20 yards a clean deer kill shot would be nothing for him.