Trigger Pulled On Rifle Ordinance

Published 3:57 pm Tuesday, November 20, 2012

BUCKINGHAM – Although hunting deer or bear with a rifle continues to require the hunter to be in a stand elevated at least ten feet off the ground, it is now legal to use .22 caliber rim fire or .22 caliber centerfire rifles when hunting smaller game, furbearing animals, and nuisance species.

At its November 13 meeting, supervisors approved the Rifle Hunting Ordinance to replace the Firearms Ordinance.

The move toward revising the Firearms Ordinance began in September when the board held a hearing to garner input on whether the county should change its firearms ordinance for next year's hunting season to allow rifle hunting from the ground.

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At that September hearing, speakers brought to light a problem with the Firearms Ordinance, which excluded the use of .22 caliber centerfire rifles to hunt coyotes and similar nuisance species.

To address that exclusion, supervisors, at their October meeting, enacted an emergency ordinance that modified the ordinance to be more consistent with its purpose and original intent of allowing the hunting of certain species with a .22 caliber centerfire or rim fire rifle.

Because an emergency ordinance is only valid for 60 days, supervisors needed to revisit the issue and formally adopt the ordinance.

Prior to the public hearing on Tuesday night, County Administrator Rebecca Carter provided a presentation on the Rifle Hunting Ordinance.

She began by explaining that the name change from Firearms Ordinance to Rifle Hunting Ordinance reflects the original intent of the ordinance.

Carter offered, “The new wording proposes that when the season is open on such species or when taking of such species is allowed under the regulations or laws of the Commonwealth of Virginia or the Virginia Department of Game and Inland Fisheries, it shall be lawful (A) to hunt the following: 1. game animals, rabbit, fox, squirrel, bobcat and raccoons; 2. furbearing animals; beaver, bobcat, fox, mink, muskrat, opossum, otter, raccoon, skunk, and weasel: and 3. the following nuisance species: blackbirds, coyotes, crows, cowbirds, feral swine, grackles, English sparrows, and starlings; with a .22 caliber rim fire or a .22 caliber centerfire rifle.

Continuing, she reiterated that to hunt deer or bear with a .23 or larger caliber rifle requires the hunter to be in a stand at least ten (10) feet from the ground.

However, Carter said the new wording would allow a hunter to recover wounded game with a loaded rifle within a 300-yard perimeter of the elevated stand from which the game was shot.

She added that the previous ordinance required the hunter to unload the rifle while attempting to retrieve the wounded game.

As with the original, the new ordinance exempts any person with a permanently disabling physical handicap recognized by the Virginia Department of Game and Inland Fisheries from the elevated stand provision, shared Carter.

The county administrator concluded, “It is deemed these changes address voiced concerns and those that must comply with this ordinance can feel more confident that they are in compliance with the regulations as was intended.”

Carter said that with the adoption of the emergency ordinance last month, the county met its requirement to communicate with DGIF regarding its position.

She added that the rifle-hunting advisory committee would be meeting in the near future to consider other possible changes to the Rifle Hunting Ordinance.

After Chairman Monroe Snoddy opened the floor to public comment, one speaker, who made his way to the front of the room in a motorized wheel chair, shared, “I am an example of your ten-foot high stand.” He explained that he suffered a broken back during a fall from an elevated stand.

Offering that although he could no longer hunt from an elevated stand, he said he is opposed to the requirement.

Referencing his accident, he shared that the county has a great rescue squad. “They were attentive. They did everything properly and I think they should be commended.”

Continuing, the speaker stated, “My recommendation to the board is to study this thing and see if we can come up with an alternative to the elevated stand.”

After Snoddy closed the hearing, Supervisor Cassandra Stish led with the motion to adopt the emergency ordinance as the official Rifle Hunting Ordinance.

She reminded that the changes regarding the addition of the use of a .22 caliber centerfire rifle and carrying a loaded rifle to retrieve wounded game within a 300-yard perimeter of the stand are currently in effect because of the emergency ordinance. Likewise, those revisions would remain in effect with the adoption of the Rifle Hunting Ordinance.

However, Stish reiterated that the portion of the ordinance requiring a hunter using a .23 or larger caliber rifle to hunt deer or bear to do so from an elevated stand of at least 10-feet is the law for this current hunting season.

She stressed that the committee will continue to review the regulations and study the issue of hunting from the ground versus hunting from the stand.

“They will bring back their recommendation,” offered Stish. She added that there is the potential the ordinance could be altered. If that happens, explained Stish, the action would be sent to DGIF in time for its approval and inclusion in the hunting regulations for next year's hunting season.

After Supervisor Bill Talbert provided the second, the motion drew the board's unanimous support.