4VAC15-90-70. Game: Deer. Archery hunting.
Summary
The proposal is to (i) simplify the regulation by clarifying that the late archery season is only open in areas where the general firearms deer season closes before the first Saturday in January and (ii) clarify language regarding the “carry” of firearms during the archery season for deer to ensure consistency 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
- With the general firearms deer season proposed to extend to 7 weeks in all or part of 14 western counties (4VAC15-90-10), the late special archery season will no longer be applicable in those areas. Rather than complicate the archery regulation with more exceptions, this proposal simply clarifies that the late archery season is only open in areas where the general firearms season closes before the first Saturday in January.
- 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. While an individual’s rights under Second Amendment may permit possession of a firearm in many circumstances, the right to such possession doesn’t authorize the use of a firearm for hunting. Lawful use of firearms for hunting remains controlled by applicable laws and regulations.