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OC while fishing the James River and Smith Mountain Lake

thewlbiii

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Feb 9, 2012
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7
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Virginia
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?
 

nuc65

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Nov 22, 2009
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Lynchburg, Virginia, USA
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.
 

peter nap

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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:

mcdonnel-letter-state-parks.jpg
 

peter nap

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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.
 

TFred

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Most historic town in, Virginia, USA
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 The Governor "directed" that it be repealed through an "exempt Administrative Process", which I can only conclude must be some sort of a faster, streamlined process.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
 

peter nap

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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":lol:
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!
 

riverrat10k

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Aug 24, 2008
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on a rock in the james river
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.
 
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thewlbiii

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Virginia
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!
 

user

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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.
 
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thewlbiii

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Feb 9, 2012
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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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