This isn’t that complicated. Here’s the (a) definition of “capable:”
ca·pa·ble
/ˈkāpəb(ə)l/
adjective
- 1.having the ability, fitness, or quality necessary to do or achieve a specified thing: "I'm quite capable of taking care of myself"
If an electronic device has no battery in it, is it capable of electronic function? No. And that is what the rule seeks to prohibit. A BDX scope without electronic function is just a plain old scope. Isn’t it?
The real question is, is the hunter gaming the system by keeping a battery in their pocket and installing it to take a shot? There would have to be evidence of that to convict someone of violation the rule.
It's still capable, of the function you just have to add a battery.
This happened to me just two weeks ago, my dad has a crossbow permit and COR from the state of Utah, this is his first year. We got him a crossbow and it came with a 1-5 power scope. We didn't know the rule that it couldn't have a magnifying scope on it until someone else pointed it out to us. So we started looking for a legal aiming system for it.
I was having a hard time finding a 1x scope that did what we wanted it to do, ideally it would have a cross hair, and then multiple aiming points below so that we could extend the range beyond the sited in cross hair.
Everything I found like that was all 1-5 power or similar like what he has already.
So I was thinking what if we disabled the zoom function and had it locked onto 1x somehow, like gluing the ring on 1 power so it couldn't move up.
I figured I better check if that was legal first so I messaged a game warden I know and mafe sure he understood what I was wanting to do. He said he would have to check on that, and he would get back to me.
When he got back to me he said.
"
-----"You won’t be able to use a variable powered scope even if the dial is disabled somehow. I know your intentions are good but it specifically states that for archery it has to be a fixed non-magnification sight.
Have you looked at 1x fixed red dot sights? As long as it doesn’t project a beam of light onto the target they would be ok to use.
I’m sure that’s not what you’re hoping to hear but that’s the best I can come up with."----
So..... tell me, how is removing the battery from a bdx a better option then a completely disabled zoom ring on a crossbow scope?
You might get lucky and get an officer that will let you get away with it, but I think chances are good you will be ticketed for it.