Crossbow battle not over; more on the horizon
Aug 31, 2021 - Update: Senator Molnar pulled some strings to get his case reopened today after the initial dismissal on 29 August. Molnar and crew will receive an emergency hearing today 8/31 at 1:30 PM. TBM is currently working quickly to find a solution to this unexpected turn of events
Aug 31, 2021 - Traditional Bowhunters of Montana (TBM), a 501c3 dedicated to advancing traditional bowhunting values in Montana, is monitoring a lawsuit filed at the Russell Smith Federal Courthouse in Missoula, MT on August 24th. The plaintiffs, including state senator Brad Molnar (R - Laurel), contend that Montana violated the Americans with Disabilities Act by not allowing them to use crossbows (which are not legal archery equipment) during the Montana archery-only season. In addition, the plaintiffs requested injunctive relief to allow them to use crossbows during the 2021 archery-only season.
The case was dismissed on August 29th by district judge Dana Christensen.
Molnar recently failed during the 2021 legislative session to get a bill passed that would allow crossbows into Montana’s archery season. TBM, along with the Montana Bowhunters Association, Montana Wildlife Federation, and the Montana Chapter of Backcountry Hunters & Anglers, led the fight against Molnar’s misguided legislation and were able to ultimately defeat the bill in the waning days of the legislative session.
Montana FWP already offers reasonable accommodation for disabled bow hunters in the form of the Permit to Modify Archery Equipment (PTMAE). The PTMAE allows archers with a documented disability to modify a vertical bow outside of the legal definition of archery equipment to accommodate their disability. Often the accommodations are custom solutions designed for a specific individual's disability. To date, nearly 650 hunters have taken advantage of the PTMAE and had great success in doing so.
In an alarming show of its intentions. Montana FWP, in its response to the filing, noted:
“The Fish and Wildlife Commission, which is the body with the authority to set restrictions regarding archery equipment … is already in the process of considering the Plaintiff’s requests and has set the matter for its October 28, 2021 meeting … FWP concedes that because of the timing of the requests, it will not be able to act prior to the 2021 archery season, and without injunctive relief the Plaintiffs would miss the opportunity to hunt in the manner in which they have requested for this season. Therefore, FWP is not opposed to the Court granting injunctive relief.”
The federal district judge dismissed the plea by Sen. Molnar and his co-plaintiffs are looking to lobby the FWP commission to include crossbows in the archery-only season. TBM hopes the Fish and Wildlife Commission will act in the best interest of Montana bowhunters and deny the plaintiffs’ request.
Contact the Traditional Bowhunters of Montana at tradbowmontana@gmail.com.