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Thread: OC while fishing the James River and Smith Mountain Lake

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    OC while fishing the James River and Smith Mountain Lake

    All,

    I do a lot of fishing and cannot locate any information specific to the legality of open carrying while fishing in my kayak on the James River and Smith Mountain Lake. Does anyone have any information?

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    Activist Member nuc65's Avatar
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    Quote Originally Posted by thewlbiii View Post
    All,

    I do a lot of fishing and cannot locate any information specific to the legality of open carrying while fishing in my kayak on the James River and Smith Mountain Lake. Does anyone have any information?
    There is a letter that allows for carry in the state parks (SML), or more correctly states that the rules shall not be enforced written by the governor. I will need to find that copy before I can say anymore. I don't know all of the James River areas to comment. A search or this site should pull up the letter, it was forwarded and posted here by Peter Nap I believe.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by nuc65 View Post
    There is a letter that allows for carry in the state parks (SML), or more correctly states that the rules shall not be enforced written by the governor. I will need to find that copy before I can say anymore. I don't know all of the James River areas to comment. A search or this site should pull up the letter, it was forwarded and posted here by Peter Nap I believe.
    Seek and ye shall find:


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    Regular Member TFred's Avatar
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    Did they ever repeal the VAC?

    TFred

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    Did they ever repeal the VAC?

    TFred
    Not that I'm aware of and that brings up some question of what will happen when McDonnell goes away. I'm betting Cuccinelli will be our next Governor and he'll force the issue but needs to be reminded.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    Not that I'm aware of and that brings up some question of what will happen when McDonnell goes away. I'm betting Cuccinelli will be our next Governor and he'll force the issue but needs to be reminded.
    It appears it is still in place. The Governor "directed" that it be repealed through an "exempt Administrative Process", which I can only conclude must be some sort of a faster, streamlined process.

    It's been over a year, sounds like someone needs to ask some questions of the director of the Department of Conservation and Recreation!

    TFred

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    It appears it is still in place. The Governor "directed" that it be repealed through an "exempt Administrative Process", which I can only conclude must be some sort of a faster, streamlined process.

    It's been over a year, sounds like someone needs to ask some questions of the director of the Department of Conservation and Recreation!

    TFred
    McDonnell has a pattern of throwing gun people a bone at intervals. Each time it's "Looky what I did"
    Depending on who he thinks will help him most, he may wait until his bid for VP, may never force the issue or back peddle altogether.

    My guess is he does nothing!

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    Regular Member Old Virginia Joe's Avatar
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    All I know on this topic is I hear "duelling banjos" in the background as you float down the James and out on the lake. Remember that helpless feeling . . . . . .
    VCDL, Army Vet, Virginia Native

    Hey, Libtards, it's the "Bill of Rights," not the "Bill of Needs" . . . . .

    If the 2A does not apply to modern weapons, then the 1A does not apply to modern communications like the Internet! How do you like them apples!?

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    Regular Member riverrat10k's Avatar
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    I always have a firearm with me on the upper James (Bent Creek down to Richmond). Usually in a drybag, though. Sometimes a transparent one. Is that OC?

    Always has been some question on some State lands, for example the Hardware River Wildlife Management Area below Scottsville. I believe most of these areas are now preempted but am still unsure. Why I hate the mish-mash of the laws.
    Last edited by riverrat10k; 02-11-2012 at 03:50 PM.

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    I appreciate everyone's responses. I had seen this material before. The law doesn't seem as clear/specific as I would like for it to be, but I guess that's not uncommon. Thanks again!

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    I've spent the last hour researching that issue, and it is my considered opinion as a licensed attorney is that the only thing you have to worry about is making sure you have an adequate retention mechanism on your holster - if the kayak goes upside down, you don't want to lose the gun. I'd be carrying something in stainless steel, too, by the way. Oh, one thing - don't attempt to kill any deer by shooting from the boat - that's a crime in Virginia.
    Last edited by user; 02-14-2012 at 08:10 AM.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Thank you so much for taking the time to research this question. A good friend of mine referred me to this site considering this question. He was right in doing so! Once again, thanks all for helping me out!

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