I haven't used or seen a 223 used on deer. I have seen lots of other weapons used and the results have always been as I described above.
If I could advise the agency, I would recommend that the 223 be legal. There are several reasons, not the least of which that I don't think the government should be criminalizing a perfectly acceptable behavior because of the possibility that SOMEONE might not "do it right".
As I said, of all the wounded animals of which I have been aware, NONE have been because of insufficient weaponry and the VAST majority have been hunter error and very often shots that should have not been taken with ANY weapon.
The difference between a 30-06, 223, 7mm08 or even 338Lapua is not going to make a bad shot into a good shot under virtually any circumstance. Yes, maybe 1 in 100 or something where maybe an extra inch or two of penetration might have mattered, but then, those are usually shots that shouldn't have been taken anyway if the result is that marginal.
Still happily answering to the call-sign Peetza.
The problem, as you so eloquently put it, is choice.
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.