[Archers] Crossbow Laws Update

Tue Mar 4 05:34:02 PST 2003

First of all, Greetings again Lady Ysolt ... I am copying you on this 
message, which is a culmination of a bunch of discussions that have 
happened in the archery marshallate community after the announcement of 'no 
crossbows'.  Which basically stemmed from my own research into Maryland 
Laws on this subject (When i started making crossbows professionally).  And 
started from a reaction of: "Ok, I can't find any such law on the books 
anywhere."  Following is a complete discussion of the topic.

----

Ok, a quick update from stuff I have heard from lots of people.  Basically, 
the 'ruling' that was told to the Chancellor, was based upon, in the past, 
archers in the area being told by a local archery club (Anne Arundel 
Archers) which is on public property, that they cannot use crossbows, and 
to not even take them out of their car.  This was followed up, by 'teeth 
pulling' from the local police about it, who eventually confirmed it 
(although in my experience I have known police in these teeth pulling 
situations to just make a more blanket level statement, than bothering with 
the details).

Anyway, for reference (and in response to Dee's email), here are the two 
parts of AA County Code, the firearm section, and the Bows And Arrows 
section, in their entirety ... I will talk about about them at the bottom.

>§ 4-101.  Possession or discharge of firearms.
>
>(a)     In this section, "firearm" includes a rifle, handgun, or shotgun 
>as those terms are defined in Article 27, § 36F of the State Code.
>
>(b)     This section does not apply to a police officer acting in the line 
>of duty.
>
>(c)     A person may not discharge a firearm within 100 yards of a 
>structure or camp occupied by human beings or commonly used by human 
>beings without the written permission of the owner, occupant, or lessee of 
>the structure or camp.
>
>(d)     A person may not discharge a firearm on any property owned by the 
>County. On request, the Department of Public Works may post on the 
>property signs bearing the words "No Trespassing", "Discharge of Firearms 
>Prohibited", or similar words notifying the public that the discharge of 
>firearms is illegal.
>
>(e)     A person may not possess or discharge a firearm on the property of 
>another unless, at the time of the possession or discharge of the firearm, 
>the person has the express written permission of the owner, occupant, or 
>lessee of the property on which the firearm is possessed or discharged. 
>The written permission shall be signed by the owner, occupant, or lessee, 
>shall include the dates on which the possession or discharge is 
>authorized, and shall specify the parcel or property for which permission 
>is granted. The written permission shall identify the persons for whom 
>permission is granted, and the permission may not be transferred to 
>another person or inferred or implied to include companions of authorized 
>persons. When properly executed, a writing substantially in the following 
>form is sufficient to constitute the written permission required by this 
>subsection:
>
>"I, _________ (owner, occupant, or lessee) hereby authorize 
>________________ to possess or discharge any weapon or firearm on my 
>property known as _________ and such permission is granted for the 
>following time(s):    __________.  __________
>(owner, occupant, or lessee)"
>
>(Code 1967, §§ 6-107, 6-107A)

>§ 4-102.  Bows and arrows, BB guns, slingshots, and the like.
>
>(a)     In this section, "weapon" means a bow and arrow, BB gun, 
>slingshot, or other device designed to discharge a pellet or other object 
>by force of a spring, elastic band, gas cylinder, air cylinder, or gas or 
>air cartridge.
>
>(b)     A person may not sell, give away, lend, or otherwise transfer a 
>weapon to a minor.
>
>(c)     A person may not discharge or use a weapon on private property 
>without the express permission of the owner or other parson entitled to 
>possession of the property.
>
>(d)     A person may not discharge or use a weapon except in a manner that 
>will prevent the discharged pellet or object from traversing grounds or 
>space outside the limits of the property on which the weapon is discharged 
>or used.
>
>(e)     A person may not discharge a weapon within 100 yards of a 
>structure or camp occupied by human beings or commonly used by human 
>beings except:
>
>(1)     if there is in use a safe and reasonable backstop of sufficient 
>size and composition to ensure that the projectile or arrow cannot pass 
>through the target or backstop; or
>
>(2)     at a bona fide commercial indoor or outdoor target range under the 
>supervision of an adult.
>
>(f)     This section may not be construed to make lawful anything 
>otherwise prohibited by law.
>
>(g)     A person who violates any provision of this section is guilty of a 
>misdemeanor and on conviction is subject to a fine not exceeding $500 or 
>imprisonment not exceeding 60 days or both.
>
>(Code 1967, § 6-106)

Ok, now, let's look at these.  First of all, by the definition given above, 
A crossbow is definitely not a 'firearm', as has sometimes been stated.  So 
that is out of the question.

Now, in the section about Bows and arrows, it does define, for the purposes 
of the section, a definition that includes bows ... but this applies to ALL 
bows, not just crossbows.

Also, looking further through this, it says you can't give one to a minor - 
or even lend one - Officially that would ban youth archery in Anne Arundel 
county.  You can't fire it on private property without permission, and, you 
have to use it safely.

Nothing about it being illegal on public property as a general ruling.

Now, that doesn't stop the parks department from making their own rules 
against it, and it doesn't stop the schools from making their own rules 
against it.

But at that point, it is a park administration, or school board of 
education level decision.

So, the parks commission not having anything online, I did find the board 
of ed for Anne Arundel, and found the section of code that mentions the 
weapons laws (Which BTW, only actually mention possession by a student ... 
but moving on) ... here is the section:

>A. Weapon: As used in this Regulation, the term "weapon" means, by way of 
>illustration and without limitation, any loaded or unloaded gun (e.g. 
>blank pistol, signal pistol, starter pistol, revolver, rifle, shotgun, 
>stun gun, etc.); any knife (e.g. bowie, dirk, lock-blade, hunting, pen, 
>pocket, switchblade, utility, etc.); any razor (e.g. straight, regular, 
>retractable, etc.); any martial arts device (e.g. chinese stars, nunchaku, 
>etc.); any ammunition (e.g. bullets, arrows, etc.); any implement which 
>school administrative staff could reasonably conclude is capable of 
>inflicting bodily harm (e.g. blackjack, chain, club, knuckles, nightstick, 
>pipe, studded bracelet, etc.); or any other object which, by virtue of its 
>shape or design, gives the appearance of any of the aforementioned.

Interestingly enough, while it does ban arrows ... it actually doesn't 
mention bows/crossbows or anything like that.

Now, it does reference state laws, so I went and specifically looked them up ..

Under State Law, In Criminal Law, and in the section of weapon crimes, we 
get the following:

First, a definition of weapons under the school law section:

>(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, 
>star knife, sandclub, metal knuckles, razor, and nunchaku.
>(ii) "Weapon" does not include:
>1. a handgun; or
>2. a penknife without a switchblade.

Secondly, while there is no one spot that firearms are generically defined 
for the whole state law, the exact same words are found again and again in 
different places, such as under the section about 'children's access to 
firearms'.

The wording is:
>(3) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, 
>short-barreled shotgun, or any other firearm, whether loaded or unloaded.
>
>(ii) "Firearm" does not include an antique firearm.

Then we get to section 4-102, which is the law about school property, which 
says:

>§ 4-102. Deadly weapons on school property.
>
>(a)  Exceptions.- This section does not apply to:
>
>(1) a law enforcement officer in the regular course of the officer's duty;
>
>(2) a person hired by a county board of education specifically for the 
>purpose of guarding public school property;
>
>(3) a person engaged in organized shooting activity for educational 
>purposes; or
>
>(4) a person who, with a written invitation from the school principal, 
>displays or engages in a historical demonstration using a weapon or a 
>replica of a weapon for educational purposes.
>
>(b)  Prohibited.- A person may not carry or possess a firearm, knife, or 
>deadly weapon of any kind on public school property.
>
>(c)  Penalty.-
>
>(1) Except as provided in paragraph (2) of this subsection, a person who 
>violates this section is guilty of a misdemeanor and on conviction is 
>subject to imprisonment not exceeding 3 years or a fine not exceeding 
>$1,000 or both.
>
>(2) A person who is convicted of carrying or possessing a handgun in 
>violation of this section shall be sentenced under Subtitle 2 of this title.
>
>[An. Code 1957, art. 27, § 36A; 2002, ch. 26, § 2; ch. 213, § 6.]

So here we have two things.  First of all, the fact that in the definition 
section, bows/crossbows are not included in the definition of weapon, so 
are legal, and secondly, it does allow for a historical demonstration of a 
weapon anyway, which allows us to get exceptions to the 'no swords' rule.

Looking on, the Anne Arundel law specifically referred to section 36A under 
Crimes and Punishment, which when looked up online you get:

>§ 36A. Carrying or possessing deadly weapon upon school property.
>
>Repealed by Acts 2002, ch. 26, § 1, effective October 1, 2002.

So anyway, I am rambling on here ...

But it seems from all official information that can be found the following 
determinations can be made:

A) Crossbows are not classified, ANYWHERE, as being different from a 
Bow.  There is no separate distinction of a crossbow being determined to be 
a firearm.

B) By State Law, and by Anne Arundel county law, there is nothing banning 
bows/crossbows possession on public property.  (Nor even shooting them).

C) There IS a ban on ammo (arrows/bolts) on School property (which should 
be looked into for the 'arrow making class', as well as my Combat Archery 
Ammo making class.)

D) There is the ability to get a written exception from the school law, for 
'historial purposes', just need a written statement from the principal.

Now, this doesn't cover whether or not a park or the entire park division 
might say otherwise ... and it doesn't cover the principal's own feelings, 
as he always has the ability to say no, for whatever reason.

Personally, it would be good perhaps for the bulk of this email to be sent 
to the Anne Arundel Sheriff's office or Maybe Anne Arundel Archers, to try 
to prove the case there, and have THEM take it up with the Sheriff's.

Secondly, for this to be sent to the Principal of the school, perhaps by 
Lady Ysolt, and to ask for a written exception, that no firing will occur, 
just the making of ammunition, and the discussion/presentation of 
bows/crossbows.

In Service, and with cramping fingers,
Siegfried