Md. Code Regs. 08.03.04.05

Current through Register Vol. 51, No. 9, May 3, 2024

Section 08.03.04.05 - Devices for Hunting Deer and Black Bear

A. Except as provided in § 1 of this regulation, only the weapons described in §§B and C of this regulation may be used to hunt deer and black bear. All other weapon types are prohibited for hunting deer or black bear.

B. Bow.

(1) An individual may use a bow to hunt deer and black bear during all legal deer and black bear hunting seasons.

(2) A deer or black bear taken with a bow shall count towards the respective season's bag limits.

(3) An individual may not:

(a) Possess an airgun or firearm while hunting with a bow during the deer bow hunting season, except in Deer Management Region A as described in COMAR 08.03.03.06A(2)(a), a person 21 years old or older may carry a handgun for personal protection while hunting deer in the bow season if that handgun:

(i) Has a barrel length not exceeding 6 inches;

(ii) Does not have a telescopic sight or electronic aiming device attached; and

(iii) Is not used to kill wildlife wounded by a vertical bow or crossbow.

(b) Hunt with a bow from or on any vehicle except as provided for in COMAR 08.03.10.09D;

(c) Use a poisoned arrow; or

(d) Use an arrow with an explosive tip.

(4) An individual may use a telescopic sight or electronic aiming device on a bow.

(5) Vertical Bow.

(a) A vertical bow used for deer and black bear hunting shall:

(i) Use an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch; and

(ii) Have a full draw and pull of not less than 30 pounds

(b) An individual may use a release aid with a vertical bow.

(c) An individual may use a vertical bow equipped with a draw-lock device.

(6) Crossbow.

(a) A crossbow used for deer or black bear hunting shall:

(i) Use an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch;

(ii) Have a draw weight of not less than 75 pounds; and

(iii) Have a working safety.

(b) A crossbow may be cocked with the aid of a mechanical device.

(c) An individual may not possess a crossbow loaded with an arrow while in or on a vehicle except as provided for in COMAR 08.03.10.09D.

C. Firearms.

(1) An individual may hunt deer and black bear only with the firearms in §C(2) - (6) of this regulation, subject to the restrictions provided in §§ D and E of this regulation.

(2) A rifle or shotgun propelling one soft-nosed or expanding bullet or ball at a single discharge which generates at least 1,200 foot-pounds of muzzle energy is allowed.

(3) A handgun having a barrel length of 6 inches or longer and ammunition which produces a muzzle energy of 700 foot-pounds or more is allowed.

(4) A muzzle loading rifle or muzzle loading shotgun, not less than .40 caliber and using not less than the equivalent of 60 grains of black powder or a single shot muzzle loading handgun or muzzle loading revolver of not less than .40 caliber with a minimum barrel length of 6 inches and using not less than the equivalent of 40 grains of black powder propelling one soft-nosed or expanding bullet or ball at a single discharge, is allowed. Sabot loads are allowed.

(5) An air gun that:

(a) Propels one .40 caliber or greater bullet or ball at a single discharge which generates at least 400 foot-pounds of muzzle energy; or

(b) Propels an arrow at least 18" in length with a minimum speed of 300 feet per second at release, uses an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch, and has a working safety if the device is fired by a trigger.

(6) In Dorchester County only, a shotgun propelling Number 1 size buckshot or larger is allowed.

(7) An individual may use a telescopic sight or electronic aiming device on a firearm.

D. Firearms-Restrictions. In the counties listed below, an individual may hunt deer with a rifle or handgun, employing a straight-walled cartridge, a shotgun, an air gun, a muzzle loading rifle, a muzzle loading shotgun, a muzzle loading handgun, or a muzzle loading revolver:

(1) Anne Arundel;

(2) Baltimore;

(3) Calvert;

(4) Charles;

(5) Harford;

(6) Howard;

(7) Kent;

(8) Montgomery;

(9) Prince George's;

(10) Queen Anne's;

(11) St. Mary's;

(12) Talbot; and

(13) In Worcester:

(a) Within 1 mile of any school;

(b) That portion of South Point lying south of a line beginning at the west end of the Sinepuxent Bay bridge on State Route 611, then by and with the south side of Route 611 to the junction of the South Point road going south for a distance of 0.6 miles to a point opposite the southern boundary of the Ocean City Golf and Yacht Club property on the west side of the road, then by the southern boundary of the Ocean City Golf and Yacht Club to Trappe Creek; and

(c) That portion of the lands lying south of a line beginning at the mouth of the St. Martin River northwest to the junction with Shingle Landing Road, then by and with the south side of Shingle Landing Road to the junction with Route 113, then by and with the east side of Route 113 to the junction with Route 589, then by and with the east side of Route 589 to the junction with Route 50, then by and with the north side of Route 50 to the junction with Isle of Wight Bay, then by and with the west boundary of Isle of Wight Bay to the junction with St. Martin River.

E. In that portion of Frederick County located west of the Monocacy River beginning where Fingerboard Road crosses the river, then by and with the west side of the Monocacy River to the crossing by Biggs Ford Road, then by and with the south side of Biggs Ford Road to the junction with Route 15, then by and with the west side of Route 15 to the junction with Sundays Lane, then by and with the south side of Sundays Lane to the junction with Bloomfield Road, then by and with the east side of Bloomfield Road to the junction with Opossumtown Pike, then by and with the south side of Opossumtown Pike to the junction with Walter Martz Road, then by and with the east side of Walter Martz Road to the junction with Christopher's Crossing, then by and with the south side of Christopher's Crossing to the junction with Walter Martz Road, then by and with the south side of Walter Martz Road to the junction with Rocky Springs Road, then by and with the south and east side of Rocky Springs Road to the junction with Kemp Lane, then by and with the east side of Kemp Lane to the junction with Shookstown Road, then by and with the north side of Shookstown Road to the junction with Bowers Road, then by and with the east side of Bowers Road to the junction West Patrick Street, then by and with the north side of West Patrick Street to the junction with Blentlinger Road, then by and with the east side of Blentlinger Road to the junction with Old National Pike, then by and with the south side of Old National Pike to the junction with Maryland Interstate 70, then by and with the north side of Maryland Interstate 70 to the junction with Route 15, then by and with the east side of Route 15 to the junction with Mt. Zion Road, then by and with the north side of Mt. Zion Road to the junction with Elmer Derr Road, and then by and with the north side of Elmer Derr Road to the junction with New Design Road, then by and with the east side of New Design Road to the junction with Manor Woods Road, then by and with the north side of Manor Woods Road to the junction with Buckystown Pike, then by and with the east side of Buckystown Pike to the junction with Fingerboard Road, and then by and with the north side of Fingerboard Road to the crossing over the Monocacy River, an individual may hunt deer with a rifle, employing a straight-walled cartridge, a handgun, a shotgun, a muzzle loading rifle, a muzzle loading shotgun, a muzzle loading handgun, or a muzzle loading revolver.

F. An individual may hunt deer with firearms, bow, or both, during the firearms season.

G. Except as prohibited by §H of this regulation, an individual may hunt deer with muzzle loading firearms, bow, or both, during the muzzle loader firearms season.

H. An individual may not possess both a muzzle loading firearm and a bow while hunting when muzzle loading season and bow season overlap or during the February deer hunting season dates.

I. Primitive Weapon.

(1) An individual may only use a primitive weapon to hunt deer during the February deer hunting season dates.

(2) An individual may not use a primitive weapon equipped with a:

(a) Telescopic or electronic aiming device;

(b) Release aid; or

(c) Draw lock device.

(3) The use of a crossbow is prohibited during the February deer hunting season dates.

(4) A muzzle loading firearm used for deer hunting during the February deer hunting season dates shall be of a flintlock or percussion cap sidelock design. Modern inline muzzle loading firearms are prohibited.

Md. Code Regs. 08.03.04.05

Regulations .05 were previously codified as
Regulation .05 adopted effective June 3, 1985 (12:11 Md. R. 1047)
Regulation .05 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)
Regulation .05 amended effective August 23, 2010 (37:17 Md. R. 1184)
Regulation .05A amended effective June 30, 1986 (13:13 Md. R. 1489); September 2, 1991 (18:17 Md. R. 1917); August 18, 2003 (30:16 Md. R. 1704); August 30, 2004 (31:17 Md. R. 1311); September 27, 2004 (31:19 Md. R. 1430); July 17, 2008 (35:14 Md. R. 1245); August 6, 2012 (39:15 Md. R. 963)
Regulation .05A amended as an emergency provision effective October 1, 2014 (41:21 Md. R. 1258); emergency status expired February 28, 2015
Regulation .05A amended effective August 31, 2015 (42:17 Md. R. 1110)
Regulation .05B amended as an emergency provision effective October 4, 1985 (12:22 Md. R. 2099); emergency status expired January 24, 1986
Regulation .05B amended effective July 29, 1985 (12:15 Md. R. 1514); June 30, 1986 (13:13 Md. R. 1489); June 26, 1989 (16:12 Md. R. 1334); September 2, 1991 (18:17 Md. R. 1917); August 15, 1994 (21:16 Md. R. 1381); October 6, 1997 (24:20 Md. R. 1402); August 7, 2000 (27:15 Md. R. 1400); August 19, 2002 (29:16 Md. R. 1287); August 30, 2004 (31:17 Md. R. 1311): September 27, 2004 (31:19 Md. R. 1430)
Regulation .05B amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)
Regulation .05C amended effective July 29, 1985 (12:15 Md. R. 1514); May 18, 1987 (14:10 Md. R. 1170); July 25, 1988 (15:15 Md. R. 1808); September 2, 1991 (18:17 Md. R. 1917)
Regulation .05D adopted effective June 30, 1986 (13:13 Md. R. 1489)
Regulation .05D amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)
Regulation .05E adopted effective June 26, 1989 (16:12 Md. R. 1334)
Regulation .05 amended effective 42:20 Md. R. 1264, eff.10/12/2015; amended effective 43:16 Md. R. 899, eff. 8/15/2016; amended effective 43:23 Md. R. 1279, eff. 11/24/2016; amended effective 44:18 Md. R. 864, eff. 9/11/2017; amended effective 47:16 Md. R. 737, eff. 8/10/2020; amended effective 49:16 Md. R.758, eff. 8/8/2022