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Hello from Virginia.
Years ago I worked in Game law enforcement in the mid-west. With that in mind your milage may vary on this.
Usually to support a charge of hunting we had to have more than just a person with a gun. As stated by others here, first and foremost the weapon should be a weapon that is primarily of the type people typically use for hunting. But usually we also had to have additional conditions. Things like finding someone in full Camo, face painted, sitting on a blind or stand, stalking and the like. Any or all of these things in various combinations were kind of a clue as to what was gong on. In other-words, we usually had to actually catch the person in the act of hunting (pursuing game).
Usually if we found some person dressed like a hiker, without any other gear normally associated with hunting, just walking along a trail, we would let them go on their way. But keep in mind that the intent of the regulations is to make it easier to separate people who may be hunting from those that aren't. Lets face it, if you have a gun you are more likely to be hunting than if you are completely unarmed.
There is significant conflict in MANY states between firearms laws in general and hunting regulations. In most states all game animals and other wildlife are property of the state, As such the regulatory authority and by extension the regulations are created under delegated authority from the state legislature. Under that delegated authority, hunting regulations carry the force of law.
Unfortunately, it is very difficult to convince the legislature to temper the authority they have extended to game enforcement agencies. This is because most legislators feel the issues are complex and the regulation should be left to game experts.
Generally speaking what you would want to find is some language in the codes that says something like "...not withstanding any other provision..."
All of this is of course very much up to how the individual Enforcement agent wants to handle the situation when you encounter him. Basically they do not want to see people taking wildlife by illegal methods, or out of season, But that does not mean that you won't encounter the occasional guy that lets his discretion go to his head.
I might point out (tongue firmly planted in cheek) that had you guys stayed part of Virginia when you had the chance, you might not have these problems.:lol:
Regards
