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Thread: OC in Wildlife Management Areas

  1. #1
    Accomplished Advocate peter nap's Avatar
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    Even though DGIF's rules say no firearms off season, I have yet to find an applicable statute. (Except the CHP exemption:X)
    What can they charge you with?

  2. #2
    Regular Member Virginiaplanter's Avatar
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    I am going to guess that the presence of a firearm would allow them to charge you with hunting without a license or hunting out of season, and spotlightng etc.

    § 29.1-351.1. Penalty for violations.
    Unless otherwise specified, any person who violates any of the provisions of this article shall be guilty of a Class 2 misdemeanor.



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    The presumption that you are hunting is also referenced in 18.2-308 A (6)

    6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
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    Of course, game laws have always been used to disarm the people.

  3. #3
    Accomplished Advocate peter nap's Avatar
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    Virginiaplanter wrote:
    I am going to guess that the presence of a firearm would allow them to charge you with hunting without a license or hunting out of season, and spotlightng etc.

    § 29.1-351.1. Penalty for violations.
    Unless otherwise specified, any person who violates any of the provisions of this article shall be guilty of a Class 2 misdemeanor.



    ------

    The presumption that you are hunting is also referenced in 18.2-308 A (6)

    6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
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    Of course, game laws have always been used to disarm the people.
    I don't think that will fly.
    I'll have to look up the cite but the no hunting on Sunday was heard in the Supreme court by someone just walking around with a shotgun.
    The court ruled there had to be proof over and above the possession of the gun to prove hunting. The code section reflects it

  4. #4
    Accomplished Advocate peter nap's Avatar
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    Found it...

    § 29.1-521

    http://leg1.state.va.us/cgi-bin/legp...0+cod+29.1-521

    1. To hunt or kill any wild bird or wild animal, including any nuisance species, with a gun, firearm or other weapon on Sunday, which is hereby declared a rest day for all species of wild bird and wild animal life, except raccoons, which may be hunted until 2:00 a.m. on Sunday mornings. However, a person lawfully carrying a gun, firearm or other weapon on Sunday in an area that could be used for hunting shall not be presumed to be hunting on Sunday, absent evidence to the contrary.

  5. #5
    Regular Member Virginiaplanter's Avatar
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    I looked at the changes to that law from your post as I now recall that being done and it appears it was changed to reflect the current wording in 2005, although the link doesn't show the change made in 2005. It may have been changed as part of an omnibus bill because it just magically appears in 2006. Strange. Maybe they missed a Chapter link.

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