4VAC15-90-80. Game: Deer. Muzzleloading gun hunting.
Summary
The proposal is to (i) simplify the regulation by clarifying that the late muzzleloading season is only open in areas where the general firearms deer season closes before the first Saturday in January, (ii) provide full season either-sex hunting opportunity during the early muzzleloading season on private lands in Craig and Giles counties, (iii) provide for two either-sex deer hunting days in Buchanan County, one each during the early and late muzzleloading seasons, (iv) provide for one either-sex deer hunting day during the late muzzleloading season on federal lands in Dickenson County, (v) update the definitions of muzzleloading rifles and revolvers to better reflect the muzzleloading firearms applicable to the muzzleloading season, and (vi) clarify language regarding the “carry” of firearms during the muzzleloading 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 muzzleloading season will no longer be applicable in those areas. Rather than complicate the muzzleloading regulation with more exceptions, this proposal simply clarifies that the late muzzleloading season is only open in areas where the general firearms season closes before the first Saturday in January. This proposal also removes references to either-sex days during the late muzzleloading season in these affected counties.
- Deer populations in Craig and Giles counties have remained above the publicly desired population levels stated in Virginia’s Deer Management Plan for many years. Additional antlerless deer harvest opportunity is necessary to achieve the desired population level. Also, these counties are adjacent to two CWD disease management areas in Southwest Virginia where reduced population levels would benefit CWD management efforts through reduced direct contact between deer.
- Although the deer population in Buchanan County is currently meeting objective in the Department’s deer management plan, the population is increasing and can support an incremental increase in antlerless harvest, which will also provide additional recreational opportunity. Because Buchanan County has had no either-sex days outside of archery season for some time, it is deemed more appropriate to add either-sex days during the muzzleloader seasons than during the general firearms season. This first step aligns with the approach used during recent regulation cycles in adjoining counties.
- This proposal will rectify an oversight during the last regulation cycle. Dickenson County was removed from subsection E.2 of this regulation because private lands were proposed for the standard six either-sex days during the late muzzleloader season (subsection E). Federal lands, including Flannagan Reservoir and National Forests, were intended to retain only one either-sex day; therefore, this proposal adds these lands back into subsection E.2.
- The current regulation language indicates that muzzleloading rifles must be a single shot weapon. However, double barrel muzzleloading rifles are manufactured, and it isn’t the Department’s intent to preclude double barreled muzzleloaders from being used during the special muzzleloading season. Further, muzzleloading revolvers shooting a .45 caliber projectile are routinely sold as .44 caliber muzzleloading revolvers, causing confusion regarding whether a .44 caliber muzzleloading revolver meets the regulatory requirement for use during the special muzzleloader season. The proposal will bring the regulation language in line with the department’s intent of allowing double barreled muzzleloading rifles to be used during and clarifying that a .44 caliber muzzleloading revolver is a legal weapon for the special muzzleloading season.
- 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.