Bear defense, redux

N

Newton24b

Moderator
here is a question that bothers me and one that gets no attention.

why is it that so many people here have the ability to carry a rifle or shotgun or a handgun to protect themselves and their puppy dogs from bear attacks while picking berries at all timesof the year?

were i live, if the game warden catches you target shooting during ANY deer/elk/moose or bear season you will get ticketed for poaching unless you can prove that you were shooting at an "easily identified backstop/target".

so how do all these people manage to not get any legal trouble when the game warden finds them in that berry patch with a 30-06 during dear season?
 
Here we carry, in the back country pretty much all the time. It is not only legal ,but thought of as a good idea,and berry picking is almost as as popular with us as it is with bears.Besides Black bears are legal year round, and not bad eating.Really legal carry isn't new, it should be the goal of every gun owner.
Alex
 
If it's public land, open to firearms use there nothing they can do to stop you. If it's private or a co-op walk-in unit and you have permission there's nothing they can do to stop you.

30-06 is a bit big for rabbits (Sept-Feb) and jack rabbits (year round), but it okay for coyotes (year round). With a hunting license (not necessarily game tags) there's plenty of legit reasons to walk with a rifle, including defense, and you do not have to prove your innocence, they have to prove your guilt. If the fish cops are harassing people then put up a sign in your local gun store and get people together to complain and press charges. Contact the BLM or Forrest Service and let them know what is happening.

-SS-
 
Get a valid hunting license and go varmint hunting for feral pigs or coyotes while you are berry picking. Most states have an open season on them year round. Otherwise, you got some splaining to do as you so stated.
 
Why would a game warden be worried that you in a berry patch with a 30-06 during deer season, if you have proper hunting liscence?

Aside from that...the bucket of berries might speak volumes about your hunting versus picking skills.
 
It's the same way where I live in VA. From about late October to March, you can't have a loaded centerfire rifle anywhere in your vehicle. You can't varmint hunt with one during those times either. We've got a sweet ruger 22 hornet that we can't use during the best part of fox season.

Although these laws have made me appreciate the 22 magnum a whole lot more. Get it inside 100 yards and the magnum will drop him where he stands if you do your part.
 
Coyotes have no season in VA, at least my part of it. Meaning that you can shoot him year round. I occasionally try to go after one but they're elusive creatures when they want to be. More get killed during deer season when our crappy deer hounds run them instead of deer.
 
State laws vary.

Washington State, for example, recently removed the restriction against carrying a pistol for self-defense while hunting during archery or muzzleloader seasons. Prior to this, you could be in the exact same location with a pistol and not be violating the law, unless you were archery or muzzleloader hunting. Then, supposedly, the possession of a pistol was proof that you were violating game laws and using a modern firearm for hunting.

Now, you are still not allowed to use the pistol for hunting, just because you are have one with you. The difference is that it has to be used improperly to be a game law violation.

I would love to see this type of law applied universally, in all states.

I can't remember the legal term, but any law that presumes guilt before action (based on the assumption that you will do something wrong) just doesn't seem right.
 
No one mentions protection from feral people , only only bears ! The other problem is rabid animals.
 
From about late October to March, you can't have a loaded centerfire rifle anywhere in your vehicle.
Click to expand...

Thread veer from berry hunting for a second....just curious if that is local ordinance in your area Hardworker, from the VA State Patrol website:

§ 15.2-1209.1. This section empowers the governing body of any county 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.

§ 15.2-915.2. This section empowers the governing body of any county or city to, by ordinance, make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce theprovisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect. 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.
 
Dear Alloy,

It appears that there is a provision for folks employed or conducting their business, but it would be a matter of interpretation for someone hiking that did not encounter any danger. I suspect that they would be viewed in violation of the prohibition of a loaded firearm during that time period. The only time that it would be lawful would be in defense of life and property, but how will you justify carrying a .44 magnum in a holster IN CASE you encounter an event of danger not yet encountered. Yes, there are some mitigating circumstances in the statute, but I don't believe most folks will be able to take a hike in the back woods of Virginia and carry a handgun for protection.
 
I'm not trying to cover all variables state land, federal, permission to hunt or not, in season or not, really only responding to this blanket statement that "from about late October to March, you can't have a loaded centerfire rifle anywhere in your vehicle"
 
Dear Alloy,

No problem, but to answer your first question, it is a state regulation, not local ordinance:

Regulations Specific to National Forest and Game Department Lands

It shall be unlawful to have in possession a bow, crossbow, or any firearm which is not unloaded and cased or dismantled on all National Forest lands statewide, or on Department-owned lands and on lands managed by the Department under cooperative agreement in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey or waterfowl on these lands; and on Department-owned lands and on lands managed by the Department under cooperative agreement in counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory game birds on these lands. (See exception for valid concealed handgun permit holders).

It shall be unlawful to possess or transport a loaded firearm or loaded crossbow in or on any vehicle at any time on National Forest lands or Department-owned lands. (See exception for valid concealed handgun permit holders).
Click to expand...

http://www.dgif.virginia.gov/hunting/regulations/publiclands.asp#nationalforests

It does appear that CCW is permitted if you have a valid permit:

Valid Concealed Handgun Permit Holders May:
Possess a concealed handgun during archery seasons, muzzleloader seasons, and general firearms seasons.
Possess a concealed handgun on National Forest and Department lands during the closed season.
Possess and transport a loaded concealed handgun in or on any vehicle on National Forest and Department lands.
Possess a concealed handgun while using dogs for tracking wounded or dead bear or deer but no game may be taken.

http://www.dgif.virginia.gov/hunting/regulations/general.asp#concealed-handgun

I will have to look up how hard or easy it is to get a CCW in Virginia. My guess is it is probably a MAY issue state, not SHALL issue. Thus, ordinary folks just won't be able to carry in these lands legally. If anyone has the Virginia statutes, let us know.
 
There have been a few law revision recently.
They are constanly evolving to the better. Restaurant, autos for non CCW etc.
From USACarry on a quick google search, just a comment about a recently revised law regarding State Forests.

Open and Concealed carry to be the law of the land in Virginia State Forests
Victories like this are sweet indeed. Grass roots campaigns from Virginia gun rights groups made this happen. Don't let anyone tell you that you can't make a difference.

Email from Ron Jenkins with the Virginia Department of Forestry.

The Department of Forestry appreciates your comments and questions regarding the proposed amendment to the Virginia State Forest Regulations. The proposed regulatory amendment would lift the prohibition on lawfully carrying open and concealed firearms in Virginia State Forests. Throughout every phase of this regulatory process, the overwhelming majority of commenters supported the amendment to lift the prohibition against the lawful carrying of open and concealed firearms. The administration also supports the action. On April 4, 2011, the Department of Forestry officially submitted its Final Regulation for Executive review. The Final Regulation eliminates the prohibition of lawfully carried open and concealed firearms in State Forests.

And a link with some finer details. http://www.livestrong.com/article/199139-concealed-carry-in-virginia-state-parks/
 
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Great find alloy and better way to go for Virginia. One more reason to keep gun laws and CCW at the state, not the Federal level. Once the Feds have the right to control CCW, it won't be pretty. Better to fight it out one state at a time and now we have about 40 on board. About 10 to go. Great news for Virginia folks who wish to protect themselves, family and friends when in the woods.

Thanks alloy.
 
Like I mentioned the laws have changed very quickly recently.
Campus and church seems to be on the AG's mind favorably through comments he has made about personal safety in church, and UVA not having the jurisdiction to prohibit campus carry.
Without sounding too dorky...the changes lately have been bordering on somewhat exciting.:)

So in all ways improvng, thru the efforts of current politicans, and the pressures of VCDL.
 
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