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OC on waterways (in boats) in PWC

Defrock

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Feb 14, 2013
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98
Location
Nokesville, VA

TFred

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Oct 13, 2008
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Most historic town in, Virginia, USA
it appears that PWC disallows the carrying of a pistol or rifle while in a boat.

"... or to carry a loaded rifle or pistol in any boat or other floating device on such waters. " http://library.municode.com/HTML/14114/level2/CH31WE_ARTIIFICO.html#CH31WE_ARTIIFICO_S31-25SANPUINWA
also listed here: http://www.pwcgov.org/government/dept/police/Pages/Firearms-and-Bow-Hunting-Restrictions.aspx

This seems to fly in the face of 15.2-915.
I don't know of any state laws regarding publicly owned waterways, but there are wacky rules for certain State Agency owned areas, so you'd have to be very sure of all the details. Very difficult to track down who owns each parcel of land or water, and what their rules are. Stage Agency preemption is WAAY overdue for just this very reason.

One thing that is glaringly wrong on the county website is that they have not clarified that you may shoot BB guns or air guns on private property. The county code added the exception, but they did not update the web page to mention it.

TFred
 
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Blk97F150

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Dec 21, 2010
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1,179
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Virginia
One thing that is glaringly wrong on the county website is that they have not clarified that you may shoot BB guns or air guns on private property. The county code added the exception, but they did not update the web page to mention it.

TFred

They did fix that.... (I worked on that one with PWC a while back).


http://library.municode.com/HTML/14114/level2/CH31WE_ARTIIFICO.html#CH31WE_ARTIIFICO_S31-25SANPUINWA
The provisions of §§ 31-23, 31-24 and 31-26 shall not be applicable to the use and discharge of pneumatic guns when used (1) on or within private property, with the permission of the owner or legal possessor; and (2) when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
 

peter nap

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Oct 16, 2007
Messages
13,551
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Valhalla
it appears that PWC disallows the carrying of a pistol or rifle while in a boat.

"... or to carry a loaded rifle or pistol in any boat or other floating device on such waters. " http://library.municode.com/HTML/14114/level2/CH31WE_ARTIIFICO.html#CH31WE_ARTIIFICO_S31-25SANPUINWA
also listed here: http://www.pwcgov.org/government/dept/police/Pages/Firearms-and-Bow-Hunting-Restrictions.aspx

This seems to fly in the face of 15.2-915.

Lots wrong with that.

1. a Navigable water way is like a highway and they need special permission from the GA to pass an enforceable transportation law. They don't have it.

2. In order to be enforceable law, even with GA authorization, it has to be published in DGIF's Regulations. I just looked and it isn't there.

3. The secure container allows transportation in a secure container in a boat or other vessel.

Now if this on a lake owned by PWC...they still couldn't get away with it because of preemption..

They're out in the cold.

LAST BUT NOT LEAST

None of those regulations prohibit carry, just discharge and they are allowed to do that.

Most are just copied from the state code.
 
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peter nap

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13,551
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Valhalla
I found the loaded firearm provision. That's preempted...just need to have them remove it.
 
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