State Law vs New Kent County Ordinance

[Basher]

Anyone know how these laws interact? Any personal experience?

Virginia State Law:
§ 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

New Kent County Ordinance:
Sec. 46-222. Firearms not to be carried or in vehicle, when loaded; enforcement.
(a) Except as otherwise provided by law, no person shall have in his possession or under his control, or have in any vehicle in which he may be in charge or have in control, any loaded shotgun, rifle or other firearm while he or such vehicle is upon any public street in the county, or, while either is unlawfully upon the land of another; provided, however, that law enforcement officers, and members of the armed forces of the United States or the military forces of this state when acting under competent order, shall be excepted; and provided, further, that such persons who shall be able to show at the time apprehended that his possession of the loaded firearm was required or reasonably necessary, under the then appearing circumstances, for the protection of his person or family from bodily injury or his property from serious damage by another shall also be excepted.

[WRW]

Va.: for purposes of hunting...

New Kent county: Except as otherwise provided by law...

IANAL Check with the Sheriffs office for their interpretation.

[gunderwood]

IANAL Check with the Sheriffs office for their interpretation.

The Sheriff likely doesn't know the details either. Even if they did they will never give you a can do anything with. A LEO told me it was ok is not a defense in court.

[WRW]

IANAL Check with the Sheriffs office for their interpretation.

The Sheriff likely doesn't know the details either. Even if they did they will never give you a can do anything with. A LEO told me it was ok is not a defense in court.

True, but that is who will likely be trying to enforce those laws. I'm thinking that New Kent county is "no hunting within 100 yards of the road" and that is the rationale for the ordinance...but, again, I am not lawyer.