Ariz. Admin. Code § 12-4-216

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-216 - Crossbow Permit

A. For the purposes of this Section, "healthcare provider" means a person who is licensed to practice by the federal government, any state, or U.S. territory with one of the following credentials:

1. Medical Doctor,

2. Doctor of Osteopathy,

3. Doctor of Chiropractic,

4. Nurse Practitioner, or

5. Physician Assistant.

B. When authorized under R12-4-304 as lawful for the species hunted:

1. A person who possesses a valid crossbow permit may use any of the following during an archery-only season as prescribed under R12-4-318:

a. A crossbow, as defined under R12-4-101, using a single bowstring, capable of firing only a single arrow or bolt with each loading and cocking action; or

b. Any bow to be drawn and held with an assisting device.

2. A person who possesses both a valid crossbow permit and CHAMP, issued under R12-4-217, may use any of the following during an archery-only season as prescribed under R12-4-318:

a. A crossbow, as defined under R12-4-101, using a single bowstring, capable of firing only a single arrow or bolt with each loading and cocking action;

b. Any bow to be drawn and held with an assisting device; or

c. Pre-charged pneumatic weapon, as defined under R12-4-301, using arrows or bolts and capable of firing only a single arrow or bolt at a time.

C. The crossbow permit does not exempt the permit holder from any other applicable method of take or licensing requirement. The permit holder shall be responsible for compliance with all applicable regulatory requirements.

D. The crossbow permit does not expire, unless:

1. The medical certification portion of the application indicates the person has a temporary physical disability; then the crossbow permit shall be valid for a period of one year from the date the medical certification portion of the application was signed by the healthcare provider,

2. The permit holder no longer meets the criteria for obtaining the crossbow permit, or

3. The Commission revokes the person's hunting privileges under A.R.S. § 17-340. A person whose crossbow permit is revoked by the Commission may petition the Commission for a rehearing as established under R12-4-607.

E. An applicant for a crossbow permit shall apply by submitting an application to the Department. The application form is furnished by the Department and is available at any Department office and online at www.azgfd.gov. A crossbow permit applicant shall provide all of the following information on the application:

1. The applicant's:

a. Name;

b. Date of birth;

c. Physical description, to include the applicant's eye color, hair color, height, and weight;

d. Department identification number, when applicable;

e. Residency status;

f. Mailing address, when applicable;

g. Physical address;

h. Telephone number, when available; and

i. E-mail address, when available;

2. Affirmation that:

a. The applicant meets the requirements of this Section, and

b. The information provided on the application is true and accurate, and

3. Applicant's signature and date.

4. The certification portion of the application shall be completed by a healthcare provider. The healthcare provider shall:

a. Certify the applicant has one or more of the following physical limitations:

i. An amputation involving body extremities required for stable function to use conventional archery equipment;

ii. A spinal cord injury resulting in a disability to the lower extremities, leaving the applicant non ambulatory;

iii. A wheelchair restriction;

iv. A neuromuscular condition that prevents the applicant from drawing and holding a bow;

v. A failed manual muscle test involving the grading of shoulder and elbow flexion and extension or an impaired range-of-motion test involving the shoulder or elbow; or

vi. A combination of comparable physical disabilities resulting in the applicant's inability to draw and hold a bow;

vii. A failed functional draw test that equals 30 pounds of resistance and involves holding it for four seconds. The functional draw test may not be used to determine eligibility for the permit when it is not associated with a disability.

b. Indicate whether the disability is temporary or permanent and, when temporary, specify the expected duration of the physical limitation; and

c. Provide the healthcare provider's:

i. Typed or printed name,

ii. License number,

iii. Business address,

iv. Telephone number, and

v. Signature and date;

5. A person who holds a valid Challenged Hunter Access/Mobility Permit (CHAMP) and who is applying for a crossbow permit is exempt from the requirements of subsection (E)(4) and shall indicate "CHAMP" in the space provided for the medical certification on the crossbow permit application.

F. In addition to the requirements listed above, at the time of application an applicant who is applying for a crossbow permit shall pay the applicable fee required under R12-4-102.

G. All information and documentation provided by the applicant is subject to Department verification.

H. The Department shall deny a crossbow permit when the applicant:

1. Fails to meet the criteria prescribed under this Section,

2. Fails to comply with the requirements of this Section, or

3. Provides false information during the application process.

I. The Department shall provide written notice to the applicant stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

J. The applicant claiming a temporary or permanent disability is responsible for all costs associated with obtaining the medical documentation, re-evaluation of the information, or a second medical opinion.

K. When acting under the authority of a crossbow permit, the crossbow permit holder shall possess the permit, and exhibit the permit upon request to any peace officer, including wildlife managers and game rangers.

L. A crossbow permit holder shall not:

1. Transfer the permit to another person, or

2. Allow another person to use or possess the permit.

Ariz. Admin. Code § R12-4-216

Adopted effective April 7, 1983 (Supp. 83-2). Repealed effective January 1, 1993; filed December 18, 1993 (Supp. 92-4). New Section adopted effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 25 A.A.R. 1047, effective 6/1/2019. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021. Amended by final rulemaking at 30 A.A.R. 2308, effective 8/10/2024.