ORIGINAL: roundball
I want to ask a question and before I do, I'll firstsay that ifyou reviewed my post history, you'll see a clear trend that I do not argue, attack, etc...and Iam doing neither now...I'm simply interested in better understanding the above comment about scopes and discrimination...IE: what would be the basis for insisting that scopes be allowed in established ML seasons?
For example, scopes are notallowed on archeryequipment either...the common thread being that each season was established for use with socalled primitive weapons...short range, up close & personal style of hunting like our foire-fathers had to do...how would it be discrimination for any stateto continue those practices?
First we have to define discrimination. Merriam Webster shows this definition:
1 a : the act of
discriminating b : the process by which two stimuli differing in some aspect are responded to differently
2 : the quality or power of finely distinguishing
3 a : the act, practice, or an instance of
discriminating categorically rather than individually
b : prejudiced or prejudicial outlook, action, or treatment <racial
discrimination>
In this case number 3a would be the discrimination happening here. By allowing scopes during thegeneral season but not during special seasons is de facto discrimination even if it isn't de jure discrimination. You mentioned archery season, well the same thing applies there too. Archery hunters should be able to use a scope if they wish.
Of course one could make an argument that having seperate seasons is also discrimination and I agree with that. I would much rather have deer season where any legal means is used to hunt deer. If you like using a muzzleloader, then use one. If you like bow hunting then use that. If you prefer cartridge firearms then by all means use them. I have no fear of another hunting tool just because it's different than mine.
But much as it applies to the situation, TheMerraim Webster Disctionary is just a book. The definition that mattersis given by the Departement of interior.
Discrimination includes: denial of services, aids, or benefits; provision of different service or in a different manner; and segregation or separate treatment. In addition, sex discrimination is prohibited in Federally assisted educational programs.
"Segregation or Seperate treatment", that sounds a lot like number 3a above.
Like I said, de facto discrimination.