Bill would allow gun permit holders to carry pistols deer hunting — but not to hunt with

PROVIDENCE — The way state Rep. Edward T. Cardillo Jr. sees it, the holder of a concealed carry gun permit should be able to carry a pistol into the woods while deer hunting, a practice now banned by state hunting regulations. 

“I mean you got a valid concealed carry permit to carry anywhere in the state of Rhode Island, but you cannot carry in the woods because you have [another weapon] with you?” asks the Johnston Democrat. “I think it’s kind of ridiculous.” 

More:'Forever chemicals' in deer have wildlife managers and hunters' attention

More:Drivers beware: Deer vs. car collisions on the rise, and this is prime season

And so, for a second year Cardillo is sponsoring a bill that he says would lift an unjust prohibition on lawful holders of such gun carrying permits. 

His bill (H5208) would not allow concealed carry permit holders to hunt deer with their pistols — just carry their handguns with them.  

Cardillo, who admittedly doesn’t hunt, says a couple of his constituents who asked for the bill have told him it could serve a self-defense purpose, particularly with archers and black-powder hunters who usually get one shot to drop a deer. 

“We have a lot of animals in the woods now, coyotes and everything. If you shoot an animal and another animal attacks you, what do you do?” 

Mainly, though, Cardillo says it is a fairness issue that concerns him.

"My main thing is these are qualified people and their licenses should be valid for the whole state, not just in different places. They don’t hand out these [concealed carry] permits like candy. They make you jump through hoops to get them. You have to know all the safety laws. They're not going to jeopardize their handgun permit to shoot an animal with their handguns — that’s against the law.”  

Michael Healey, a spokesman for the state Department of Environmental Management, says handguns are illegal for hunting in Rhode Island as reflected in the following provision: “Possession of more than one firearm or archery equipment in the field per individual hunter while hunting deer is prohibited.”   

The law, similar to one in Massachusetts, has been on the books for some time.  

“As for the rationale for the law,” Healey says “lawmakers may have had concerns about safety with hunters carrying two firearms at once and possibly concerns about the success rate of hunters carrying two firearms.” 

That is, if hunters are allowed to have more than one method of taking deer, “it could increase their success rate and ultimately affect the regulation of deer permits, bag limits, season length.” 

The DEM did not take a position on Cardillo’s bill last year and won’t this session, Healey said, noting the DEM is the defendant in two civil cases now pending in Superior Court on this very issue. 

The gist of the lawsuits, Healey said in an email, is that “the law is unconstitutional and/or that DEM is exceeding its authority by prohibiting” concealed carry permit holders from carrying handguns while deer hunting. 

According to the Congressional Sportsmen’s Foundation, a Washington, D.C., based nonprofit working with state and congressional lawmakers to support sportsmen's interests, many states historically restricted archers from carrying handguns while hunting.

On its website, the foundation says “Many regions of the United States are inhabited by large predators such as bears, wolves, and mountain lions, which pose a threat to bowhunters who are underequipped to properly defend themselves should an attack occur.” 

More recently, the foundation says, states have begun enacting legislation or regulations permitting the carry of a handgun while archery hunting. 

In 2013, Vermont became one of those states. 

“This provision was passed to create more consistency with rights currently afforded to hikers, wildlife watchers, and others,” the head of the Vermont Fish & Wildlife Department said at the time. However, “Handguns may not be used for taking deer, bear or any other game animal while archery deer hunting, including downed deer.” 

Contact Tom Mooney at: tmooney@providencejournal.com