Well the game commission does about as good of a job managing deer as the law enforcement stops pot smoking in this stoner town.......not very good.
But anyway, after pulling the photos back out after posting, his forked side is well above 3" classifying him as an antlered deer. He needs removed from the herd, and after some more thinking, my sister happens to be a junior hunter. Antler restritions do not apply to juniors so that would be the best way to shoot him.
For comparison, here he is:
http://pets.webshots.com/photo/2592318860096882078vbLaEl
And what some 1.5 to 2.5 year old deer around here usually look like:
http://pets.webshots.com/photo/2789137690096882078GUJVMM