Shooting Squirrels on Private Property

[novacon]

Does anyone know if its legal to shoot squirrels on private property out of season? I live in North Arlington and very pleased to read that last year legislature passed a law legalizing the use of pellet guns in the city (under 1000 fps).

I've read a few websites that say its ok but I wanted to see hear the site's consensus. This is one of the websites I've found so far:

http://rivermud.blogspot.com/2012/02/is ... al-in.html

[jdonovan]

you've missed a VERY important part of the law by not going to the source.

Code: Select all

When such animals are committing substantial damage to fruit trees, gardens, crops, or other property, the owner of the premises may kill the animals or have them killed under a permit obtained from the conservation police officer.

[novacon]

The DGIF gave me the go-ahead without a kill permit. Also, if anyone in the future is reading this site and doesn't already know... it is legal to shoot a pellet gun (under 1000 fps) anywhere in the state of VA regardless of the county/city's regulations.

I am posting the DGIF reply here for future reference if anyone has the similar question:

No, you do not need a Kill Permit for squirrel on your own property. The Code of VA 29.1-516 states

…Rabbits and squirrels. - It shall be unlawful to kill rabbits and squirrels during the closed season; however, the following persons may kill rabbits or squirrels for their own use during the closed season:

1. A landowner and members of his immediate family;
2. Resident members of hunt clubs who own the land in fee, either jointly or through a holding company;
3. Tenants residing on the premises, with the written permission of the landowner. …

If you are in an area where you can discharge a firearm (air rifles are considered firearms in VA) you can shoot the squirrels year round.

For further questions please call our law enforcement division for your area at 540-248-9360

Sincerely,

E. Vance Shearin
Information Desk
Agency Outreach Division
Virginia Department of Game & Inland Fisheries
4010 West Broad Street
Richmond, VA 23230
Phone: 804-367-9369
Fax: 804-367-0449

[jdonovan]

Cool that you got the go-ahead from DGIF. And thanks for posting it!

[Torontogunguy]

The DGIF gave me the go-ahead without a kill permit. Also, if anyone in the future is reading this site and doesn't already know... it is legal to shoot a pellet gun (under 1000 fps) anywhere in the state of VA regardless of the county/city's regulations.

I am posting the DGIF reply here for future reference if anyone has the similar question:

No, you do not need a Kill Permit for squirrel on your own property. The Code of VA 29.1-516 states

…Rabbits and squirrels. - It shall be unlawful to kill rabbits and squirrels during the closed season; however, the following persons may kill rabbits or squirrels for their own use during the closed season:

1. A landowner and members of his immediate family;
2. Resident members of hunt clubs who own the land in fee, either jointly or through a holding company;
3. Tenants residing on the premises, with the written permission of the landowner. …

If you are in an area where you can discharge a firearm (air rifles are considered firearms in VA) you can shoot the squirrels year round.

For further questions please call our law enforcement division for your area at 540-248-9360

Sincerely,

E. Vance Shearin
Information Desk
Agency Outreach Division
Virginia Department of Game & Inland Fisheries
4010 West Broad Street
Richmond, VA 23230
Phone: 804-367-9369
Fax: 804-367-0449

Now that makes better sense. In Canada (Kanada) any air rifle or paintball gun that is set to over 750fps is considered a firearm. So we set them to 740fps and freeze the paintballs. Our big problem in these parts is racoons. They have bear-like claws and we could not get rid of them. You are not permitted to kill them but must trap them and transport them no more that about 2 miles. The buggers make it home faster than we do.

They make one heck of a mess. We replaced our garage door with a new one and it took them exactly one night to claw and chew their way back into warmer digs.

[user]

However, Arlington County may have a local ordinance about killing animals, and the animal cruelty statute makes it a crime to kill any animal - if you have a neighbor who wants to make sure you have problems, I'd say that in Arlington County, you'll be in trouble in no time. Giles County, Dickenson County, no problem. Northern Virginia, watch out.

[Dooga]

Good to know about that 1,000 fps restriction in VA.

[NRB451]

Sorry, to necrothread but does anyone know where I can find where exactly it states that you are allowed to fire a pellet gun anywhere in VA? And how exactly is the 1,000 fps rated? Is it according to the manufacturer's specs or does it take into account the actual fired fps of the pellet being shot (as varying grains will produce varying fps)? I contacted the City of Hampton (where I live) and received the following response.

Hello,
I was wondering what the Hampton City/County laws are in regards to pellet guns/air rifles.
Is it lawful to shoot within the confines of your own property so long as you are aware of your surroundings and don't allow for your pellets to be fired off of your property?
What about the protection of ones garden against pests such as squirrels and nuisance birds (crows, etc)? Is this permissable or are you required to possess some type of license (i.e. varmint, etc.)?

Dear Mr. B:

A pellet gun is considered a weapon. It is illegal to fire a gun within city limits according to City ordinance. If you want information on controlling wildlife, you can call Art Mertz at Sandy Bottom Nature Park, 757-825-4657 for guidance. The City of Hampton has a Wildlife Management Plan, developed by staff and residents, which helps citizens deal with various wildlife in our community. If a citizen, after exhausting all other remedies, wants to pursue shooting an animal, a permit must be obtained from the Police Department (Chief of Police).

You were assisted today by: Amanda


Basically, I want to get a pellet gun to fire in my own fenced in back yard and take out the occasional squirrel. I'm trying to find out the legality of this

[wally626]

§ 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.

A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.

B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.

C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.

D. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.

E. As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

(2004, c. 930; 2011, c. 832.)

The above is the law for pneumatic guns. In part A it allows cities to restrict usage of such guns but part B says that they cannot do so on private property if care is taken so that the pellets do not leave the property. So you can do target practice and the like if you take precautions about where the pellets end up, but shooting at squirrels and the like would probably require shooting from an elevated position into the ground unless you have a large lot. Also the city can regulate the taking of wild animals. If the City of Hampton is saying there is a complete ban they are wrong. Hunting is a different matter and and is not address by the above law. I would send a copy of the law to the person you contacted to ask for clarification, if this fails contact the VCDL, they may be able to be more persuasive.

http://www.vcdl.org

[NRB451]

Awesome, thanks a bunch!

[CDSnyder83]

Ya gota eat!

[matt9625]

Damn squirrels got my tomatos... I read up on killing them as well. But the online advice said you would be killing squirrel after squirrel in an endless cycle.

[matt9625]

Although I guess that means you have lots of meat for the stew pot.