4VAC15-40-60. Game: In General. Hunting with dogs or possession of weapons in certain locations during closed season.
Summary
The proposal is to repeal this regulation as the language within most subsections is not consistent with the Second Amendment of the United States Constitution.
Proposed Language
Note: In the “Proposed Language” document, underlined text denotes proposed new language, while text with a strikethrough denotes language that is proposed to be deleted.
Rationale
It is well established through historical application and case law that the Second Amendment of the United States Constitution provides for the right to keep and bear arms and that this right shall not be infringed. While the right to keep and bear arms isn’t unlimited and there are certain circumstances and situations where such right is restricted, these restrictions apply to background checks, felony convictions, and possession in sensitive locations. As recent case law continues to clarify that such restrictions don’t apply to department-owned and managed lands or hunting situations, Department staffs have reviewed relevant regulations to ensure the consistency of these regulations with an individual’s right under the Second Amendment. As much of the language of this regulation is not consistent with an individual’s right under the Second Amendment, the proposal is to repeal this regulation. Subsections of this regulation pertaining to shooting ranges on department-owned lands and hunting with dogs on National Forest and department-owned lands will be retained as separate, new regulations, and as appropriate, language within those new regulations will ensure consistency with an individual’s right under the Second Amendment.