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Thread: Hunting regs not preempted?

  1. #1
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    http://www.dgif.virginia.gov/hunting/regulations/

    I was reading through the 2007-2008 VA Hunting Regulations and it states that;

    "certain counties have ordinances other than those listed, primarily pertaining to possession of firearms near parks or schools, hunting or discharging firearms near populated areas, residences, or buildings and age limitations for possession of loaded firearms on public roads. If a locality is not listed, state firearms restrictions apply"

    Wouldnt the regulation of firearms fall under preemtion and therefor ONLY state restrictions apply? Mainly the part about "carrying a loaded rifle in a vehicle".

    Anyone have any hunting knowledge?

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    Most of the regs pertain to "while hunting" situations, loaded rifles in a car, shooting across a road, possession of a firearm while bow hunting, etc.

    INAL but when it comes to concealed weapons and OC, the regs should not apply.

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    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.

    During that discussion it was brought up that yes you could carry the rifle as you walked around but somebody brought up the hunting reg that said you couldnt carry a loaded rifle in your car, and said that you could carry your rifle so long as you didnt drive with it. Didnt make much sense.

    I understand that localities could have regulations on hunting, but they shouldnt be able to change any firearms laws to be any different or more restrictive than state laws already are. Am i correct?

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    If memory serves me correct, there are restrictions to the amount of rounds rifles can hold, I'm positive about rounds in a shotgun while hunting waterfowl (3) and most ordinances regarding firearms during hunting are mostly geared toeards weapon discharge ordinances.

    Also, they're geared towards keepeing people from poaching, i.e.-a loaded rifle in a car during deer season is prima facia evidence of poaching (road hunting), possession of a rifle during bow season (above .22 I believe)... etc.

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    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againabout opencarrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.

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    HankT wrote:
    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againabout opencarrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.
    HAHA Hank, no i dont plan on it, but if i ever plan on it then your coming with me to explain the situation to everyone. No im more wondering about the whole "No loaded gun in your vehicle" part. In that discussion someone brought up hunting regs and said that you couldnt drive to walmarts parking lot with a rifle in your car. Seems to me that the hunting regs only can govern hunting areas and only pertain to like having a rifle when you only have an archery licence or something. just trying to clarify things, id like to get some hunting in when i get back to the states.

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    State Researcher HankT's Avatar
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    PackininVB wrote:
    HankT wrote:
    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againabout opencarrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.
    HAHA Hank, no i dont plan on it, but if i ever plan on it then your coming with me to explain the situation to everyone.
    No way. You attract too many cops and I don't think I couldtake the education.

    Take Reverend73 with you. He's one of the Wal-Mart riders. :P

    With regard to the loaded rifle in car problem talked about in the prior thread you refer to , I think longwatch was just pointing out the possibility that VBPD just might use the restriction for hunting upon someone who was carrying an AR as a copout.

    Of course, if it went to court you could always quote what Jim Zumbo had to say about ARs...

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    PackininVB wrote:
    HankT wrote:
    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againĀ*about openĀ*carrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.
    HAHA Hank, no i dont plan on it, but if i ever plan on it then your coming with me to explain the situation to everyone. No im more wondering about the whole "No loaded gun in your vehicle" part. In that discussion someone brought up hunting regs and said that you couldnt drive to walmarts parking lot with a rifle in your car. Seems to me that the hunting regs only can govern hunting areas and only pertain to like having a rifle when you only have an archery licence or something. just trying to clarify things, id like to get some hunting in when i get back to the states.
    Is there a link to this story somewhere? I'd love to give it a read and see all the details + what happened.

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    Particle wrote:
    PackininVB wrote:
    HankT wrote:
    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againabout opencarrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.
    HAHA Hank, no i dont plan on it, but if i ever plan on it then your coming with me to explain the situation to everyone. No im more wondering about the whole "No loaded gun in your vehicle" part. In that discussion someone brought up hunting regs and said that you couldnt drive to walmarts parking lot with a rifle in your car. Seems to me that the hunting regs only can govern hunting areas and only pertain to like having a rifle when you only have an archery licence or something. just trying to clarify things, id like to get some hunting in when i get back to the states.
    Is there a link to this story somewhere? I'd love to give it a read and see all the details + what happened.
    http://opencarry.mywowbb.com/view_topic.php?id=1808


    I think that the cautions expressed therein by longwatch, Hawkflyer, Reverend73, et al., finally convinced the PIVB not to go walking into the Wal-Mart with his loadedAR onhis back. But the hunting code restrictions, which longwatch suggested might be employed by some stricter/innovative LEOs,againstcarrying loaded rifles in the car stilllook a little onerous to PIVB, so he seems to be thinking about just driving around with a loaded AR might be tbe way to go around edumacating some lucky portion of the general sheeple populace.

    Nothing like going through the McDonald's drive-thru with your trusty Bushmaster in the passenger seat. Heck, maybe there is a way to attach a cup holder to the rail on the AR...:P

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    HankT wrote:
    Particle wrote:
    PackininVB wrote:
    HankT wrote:
    PackininVB wrote:
    Thats what i thought, but we had a discussion on here a while ago (quite a while ago actually) about carrying a rifle out and about with more than 20 rounds with a CHP.
    Are you thinking againabout opencarrying your AR into Wal-Mart or elsewhere?

    As I recall, you wanted to "educate" folks and police about OC.
    HAHA Hank, no i dont plan on it, but if i ever plan on it then your coming with me to explain the situation to everyone. No im more wondering about the whole "No loaded gun in your vehicle" part. In that discussion someone brought up hunting regs and said that you couldnt drive to walmarts parking lot with a rifle in your car. Seems to me that the hunting regs only can govern hunting areas and only pertain to like having a rifle when you only have an archery licence or something. just trying to clarify things, id like to get some hunting in when i get back to the states.
    Is there a link to this story somewhere? I'd love to give it a read and see all the details + what happened.
    http://opencarry.mywowbb.com/view_topic.php?id=1808


    I think that the cautions expressed therein by longwatch, Hawkflyer, Reverend73, et al., finally convinced the PIVB not to go walking into the Wal-Mart with his loadedAR onhis back. But the hunting code restrictions, which longwatch suggested might be employed by some stricter/innovative LEOs,againstcarrying loaded rifles in the car stilllook a little onerous to PIVB, so he seems to be thinking about just driving around with a loaded AR might be tbe way to go around edumacating some lucky portion of the general sheeple populace.

    Nothing like going through the McDonald's drive-thru with your trusty Bushmaster in the passenger seat. Heck, maybe there is a way to attach a cup holder to the rail on the AR...:P
    Hank you crack me up, im not worried about going into walmart with my AR, although it would be pretty interisting to see the reaction, obviously it would be a poor reaction but wouldnt be illegal. No im more thinkin about loadin up a couple of rifles and throwin them in the back of my truck (well SUV) and wonderin if i get pulled over leaving the city of VB to get out into the country if some dumb cop is gonna pull out a hunting reg saying i cant have a rifle in my car. The thing i have a problem with is that the hunting regs say to check the local ordinances on restrictions. What local ordinances if everythign was preempted? and they dont really say when they apply (like carrying a loaded rifle in your car) could they cite that when your leaving a city with no deer anwhere near it or just when your parking by the woods and only have an archery license on you...

  11. #11
    Founder's Club Member - Moderator longwatch's Avatar
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    There are a few things to consider if one were to undertake carrying an AR-15 in Virginia Beach. By letter of the law many openly carried loaded longarms are legal in a vehicle so long as its for self defense purposes. To carry a Virginia definition 'assault weapon' requires a CHP but still must be openly carried. Of course, seeing the treatment the VBPD has delivered to those merely carrying pistols makes me nervous about they would react to a longarm. However legal is legal.


    Here is what the General Assembly has allowed the various localities to do.

    Ā§ 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.
    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

    From DGIF
    http://www.dgif.state.va.us/hunting/...ordinances.pdf
    Virginia Beach
    54. It is unlawful to transport, possess, or carry a loaded rifle or
    shotgun in any vehicle on any public street, road or highway.


    However the actual Virginia Beach Ordinance is this.
    Sec. 38-8. Transporting a loaded rifle or shotgun. (a)No person shall transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway. (b)The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (c)Violation of this section shall be punishable by a fine of not more than one hundred dollars ($100.00). (Ord. No. 2050, 4-23-91)

    Ā§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    The exemptions set forth in Ā§ 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
    (1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)


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