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Hunters for Deer

Deer rutting season means more of the animals running out on local roads. Photo by Rohma Abbas

An East Quogue-based hunting group is taking aim at Smithtown town code that regulates the use of firearms, including longbows.

Hunters for Deer filed a lawsuit against the Town of Smithtown in New York State Supreme Court last month, claiming the town’s required firearms code is illegal and inconsistent with state regulations set by the Department of Environmental Conservation.

“The town is stepping on the DEC’s toes,” said Michael Tessitore, president of Hunters for Deer. “We are saying that we already have laws being regulated by the DEC, the town is muddying the waters.”

Tessitore said he and his fellow hunters take issue with the town’s definition of a firearm because it differs from the DEC’s definition and increases the required setback, or distance hunters can be from a dwelling.

Under Section 160 of town code, Smithtown defines a firearm as “a weapon which acts by force of gunpowder or from which a shot is discharged by force of an explosion, as well as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.” It was last updated in January 1990.

By comparison, the DEC’s regulations recognize rifles, pistols, shotguns and specific types of airguns as firearms, but doesn’t include longbows which are used for deer hunting.

Due to this difference, Hunters for Deer is suing saying the Town of Smithtown’s required 500-foot setback from the nearest dwelling to discharge a firearm is illegal, citing that New York State reduced the setback for longbows from 500 to 150 feet in 2014.

The difference in the laws illegally restrains hunters from shooting deer within Smithtown or face possible prosecution, according to the lawsuit filed Dec. 7, and denies them their civil right to participate in hunting activity.

“I have a lot of property owners from Smithtown who call me and ask me to hunt their property, but when they find out the setback they don’t want to do it,” Tessitore said. “It causes the property owners to not want to cause any conflict with their community and get tickets for an otherwise legal activity.”

Christian Killoran, a Westhampton Beach attorney representing Hunters for Deer, sent a letter to the Town of Smithtown advising it of the issues with its code, according to Tessitore, but no action was taken.

Nicole Garguilo, newly appointed town spokeswoman, said that town attorney Matthew Jakubowski was unable to comment on pending litigation.

The town’s response to the lawsuit filed Dec. 18 stated the town was advised of the hunting organization’s position, but its “actions were lawful and within statutory constitutional authority.”

Tessitore said his group previously filed a lawsuit against the Village of Sag Harbor when it attempted to make a law that would have banned hunting within its borders, getting village officials to revisit and later change it. Tessitore said he hopes this lawsuit will have similar effect on the Town of Smithtown, causing town offices to amend town code to be more inline with the state DEC’s regulations.

“The only way to get a municipality’s attention is through a lawsuit and let a court decide who is right and who is wrong,” he said.

Deer hunting via long bow has been a controversial topic in Huntington Town since first permitted in September 2015. Stock photo

By Sara-Megan Walsh

Deer hunters may need to memorize a new set of regulations in the Town of Huntington before the start of the 2017 hunting season.

Huntington Town Board has scheduled a public hearing for its Sept. 19 meeting on a series of proposed changes affecting the use of longbows for deer hunting.

“Over the past few years we’ve learned some things that have gone on during deer hunting season and want to make it safer for our residents,” Councilwoman Tracey Edwards (D) said.

The proposed changes take aim at restricting the use of a longbow under the town’s firearms regulations, not directly regulating deer hunting which falls under the oversight of New York State Department of Environmental Conservation.

Edwards, sponsor of the legislation, said the changes include requiring all hunters to provide written notification to the Town’s Department of Public Safety and the police department prior to hunting and expanding the definition of what’s considered a dwelling.

“If [hunters] are going to use the longbow we want to ensure that there’s written notification to the police department as we’ve had instances of people walking around the neighborhood, armed, and no one knows who they are,” Edwards said.

The proposed code changes will also expand the definition of a “dwelling”  to include “farm building or farm structures actually occupied or used, school building, school playground, public structure, or occupied factory or church” to prevent hunters from firing at deer within 150 feet of these buildings unless they are the property owner.

“Hunting is already regulated by the DEC so the town … is outside of their scope.”

— Michael Tessitore

If the proposed amendments are passed, anyone violating the regulations would face up to a $500 fine per day and prosecution by the town attorney’s office.

The  public hearing is set to take place mere days before the start of the 2017 deer hunting season, which runs from Oct. 1 to Jan. 31 under NYSDEC regulations. Town spokesman A.J. Carter said the town board will have the option to immediately enact the proposed code changes Sept. 19 if there are no substantial objections.

The board’s decision to permit bow hunting in September 2015 remains a contentious issue among local residents, particularly in the areas of Eatons Neck and Asharoken, which routinely deal with deer overpopulation.

“We’ve been having big issues with hunting with it since it began in Asharoken and Eatons Neck,” said Nadine Dumser, an Asharoken Village resident.

Dumser, who also owns property in Eatons Neck, said she has dealt with hunters who did not properly notify her as a homeowner they were active in the area but also entered her yard without permission.

“We would call police and complain about hunters being on our property,” she said. “When they finally do come, they are pretty powerless to do anything.”

Others believe that the Town’s efforts to further regulate longbow use oversteps its legal authority.

Michael Tessitore, founder of the nonprofit  Hunters for Deer, said the more than 85 hunters who are members of his organization will continue to follow the DEC regulations.

“Hunting is already regulated by the DEC so the town, by taking these extra steps to regulate hunting, is outside of their scope,” Tessitore said. “I believe they are going to open themselves up to litigation.”

Tessitore, who is a licensed nuisance wildlife control operator, said he helps manage more than 100 private properties including areas in Eatons Neck, Fort Salonga, and Smithtown to make agreements between hunters and homeowners who support hunting as a form a deer population management. He’s also worked with  Southampton Town to design a deer population management plan.

“I support deer hunting as a management tool,” Tessitore said. “It’s the only proven effective management tool for the overpopulation of deer.”