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Hunting from road or discharge of weapon
#2674946
12/16/18 10:07 PM
12/16/18 10:07 PM
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Joined: Nov 2012
Posts: 10,075 Northport, Al.
BOFF
OP
Booner
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OP
Booner
Joined: Nov 2012
Posts: 10,075
Northport, Al.
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In reading Alabama Section 9-11-257:
Hunting or discharge of firearm from, upon, or across public roads, etc.
Any person, except a duly authorized law enforcement officer acting in the line of duty or person otherwise authorized by law, who hunts or discharges any firearm from, upon, or across any public road, public highway, or railroad, or the rights-of-way of any public road, public highway, or railroad, or any person, except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer's standard designated number four shot, or a muzzleloading rifle .40 caliber or larger in this state, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and shall have all hunting license privileges revoked for one year from the date of conviction.
I read the law to mean a landowner hunting on his own property can hunt within 50 yards of a public road.
However, I am confused as to how the law is interpreted, for a landowner walking across a public road with a loaded weapon as this would be "hunting", even when he owns the properties on both sides a a public road.
If I'm hunting one side of the road on my property in a green field and leave to hunt another green field across the road on my property, and I unload my gun and cross the road, I'm still hunting!! So I'm committing a crime?
Am I correct, or, are landowners or his or her immediate family hunting on land of the landowners, exempt from Alabama Section 9-11-257?
God Bless, David B.
Premium member #8925 Team Rack Addicts 2016 Aldeer Deer Champions
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2674951
12/16/18 10:11 PM
12/16/18 10:11 PM
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Joined: Sep 2004
Posts: 36,369 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,369
alabama
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only exempt from the "within 50 yards" rule. Road and right of ways still illegal.
Unload at the fence, cross the road, reload when across the fence.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Hunting from road or discharge of weapon
[Re: BhamFred]
#2674965
12/16/18 10:31 PM
12/16/18 10:31 PM
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Joined: Nov 2012
Posts: 10,075 Northport, Al.
BOFF
OP
Booner
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OP
Booner
Joined: Nov 2012
Posts: 10,075
Northport, Al.
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only exempt from the "within 50 yards" rule. Road and right of ways still illegal.
Unload at the fence, cross the road, reload when across the fence. But "technically" am I still hunting, crossing the road even with an unloaded gun? Or is an unloaded gun, from both chamber and magazine meet the definition of not hunting? Just attempting to understand completely. I'm not attempting to stir the pot. God Bless, David B.
Premium member #8925 Team Rack Addicts 2016 Aldeer Deer Champions
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2675032
12/17/18 12:08 AM
12/17/18 12:08 AM
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Joined: Apr 2013
Posts: 2,053 Mobile, AL
Mdees
8 point
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8 point
Joined: Apr 2013
Posts: 2,053
Mobile, AL
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I read the section to deal specifically with hunting FROM or across the road or right of way (ie shooting at an animal purposely) or discharging a firearm FROM or across the road or right of way. Here it seems less important wether a weapon is loaded or not in transport(open or concealed) but more the action of firing the weapon down, from or across said public road or railway.
“except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer's standard”
This section is more interesting as it appears to allow a legal exception only for property owners and immediate kin where said real property exists within the 50 yard right of way exclusion zone. Meaning I suppose if you lived in a house directly next to the tracks or a highway you could shoot a deer or the like in the yard.
Last edited by Mdees; 12/17/18 12:13 AM.
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Re: Hunting from road or discharge of weapon
[Re: BhamFred]
#2675035
12/17/18 12:14 AM
12/17/18 12:14 AM
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Joined: Oct 2000
Posts: 7,405 Lee County
RCHRR
14 point
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14 point
Joined: Oct 2000
Posts: 7,405
Lee County
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only exempt from the "within 50 yards" rule. Road and right of ways still illegal.
Unload at the fence, cross the road, reload when across the fence. Fred you know that’s too simple and there’s got to be more to it than that. What’s wrong with people these days trying to dissect the law. Just unload the gun when coming out of the woods and don’t worry about trying to run that fine line with the law.
Last edited by RCHRR; 12/17/18 12:16 AM.
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2675052
12/17/18 01:09 AM
12/17/18 01:09 AM
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Joined: Nov 2012
Posts: 10,075 Northport, Al.
BOFF
OP
Booner
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OP
Booner
Joined: Nov 2012
Posts: 10,075
Northport, Al.
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I honestly want to understand the law and the way it is translated.
It reads "who hunts... from, upon, or across any public road..."
I'm further asking what defines "hunting" as it relates to crossing and being upon the road.
God Bless, David B.
Premium member #8925 Team Rack Addicts 2016 Aldeer Deer Champions
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2675102
12/17/18 07:43 AM
12/17/18 07:43 AM
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Joined: Sep 2012
Posts: 18,326 North AL
AU338MAG
Old Mossy Horns
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Old Mossy Horns
Joined: Sep 2012
Posts: 18,326
North AL
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BhamFred told you how to handle the situation. Seems pretty simple to me.
Or try running across the road with your loaded gun as fast as you can and hope Mr Green Jeans isn't watching. If he catches you, you can quote one of the Aldeer armchair lawyers to explain why he's wrong.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2675120
12/17/18 08:06 AM
12/17/18 08:06 AM
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Joined: Apr 2013
Posts: 2,053 Mobile, AL
Mdees
8 point
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8 point
Joined: Apr 2013
Posts: 2,053
Mobile, AL
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HUNTING DEFINED
Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild birds, and all lesser acts, such as disturbing, harrying or worrying, or placing, setting, drawing or using any device used to take wild animals, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals or wild birds.
50 YARD RESTRICTION FROM A PUBLIC ROAD
You may not hunt or discharge a firearm within 50 yards of the right-of-way of any public road, highway, or railroad with a centerfire rifle, a shotgun using slugs or shot larger than number four (4) shot or a muzzle loading rifle .40 caliber or larger. This law significantly impacts deer hunters. It is illegal to take any action to harvest a deer within the 50 yard restricted area with a weapon or shot listed above. The law was passed by the State Legislature to address safety issues.
It really isn’t complicated. You may legally cross a public road with a loaded firearm so long as you have a right to be on either side of the road. You aren’t considered hunting until you are taking a direct action to harvest an animal, which you may not do from the road or shoot from one side of the road to the other side of the road. If you own property within 50 yards of the road you may be exempt upon that property on said side of road or railroad but you still probably ought to not shoot across or down the road with a rifle. The intent is what constitutes hunting from or across the road or right of way.
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Re: Hunting from road or discharge of weapon
[Re: JohnnyLoco]
#2675131
12/17/18 08:16 AM
12/17/18 08:16 AM
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Joined: May 2013
Posts: 4,571 Behind you
Avengedsevenfold
10 point
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10 point
Joined: May 2013
Posts: 4,571
Behind you
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Back in the 70’s we’d drop standards off on the side of the road Dropping standards on the side of the road is risky business
Carrying a gun isn't comfortable; but at times it is comforting
"Cause the cause for the pause you think you see is really concentration on the steel” NonPoint
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Re: Hunting from road or discharge of weapon
[Re: BOFF]
#2675134
12/17/18 08:19 AM
12/17/18 08:19 AM
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Joined: Dec 2002
Posts: 11,475 Kennedy, al
globe
Booner
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Booner
Joined: Dec 2002
Posts: 11,475
Kennedy, al
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We had this same conversation years ago on here (for my sake). I bought some property with a long RR ROW, and I crossbow hunt the oaks up and down the tracks all the time. On my side of the fence that use to have cows. Sometimes I squirrel hunt the oaks too. The way it reads, I'm legal. Until someone changes the way it's written.
Everything woke turns to shucks
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Re: Hunting from road or discharge of weapon
[Re: Mdees]
#2675142
12/17/18 08:29 AM
12/17/18 08:29 AM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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HUNTING DEFINED
Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild birds, and all lesser acts, such as disturbing, harrying or worrying, or placing, setting, drawing or using any device used to take wild animals, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals or wild birds.
50 YARD RESTRICTION FROM A PUBLIC ROAD
You may not hunt or discharge a firearm within 50 yards of the right-of-way of any public road, highway, or railroad with a centerfire rifle, a shotgun using slugs or shot larger than number four (4) shot or a muzzle loading rifle .40 caliber or larger. This law significantly impacts deer hunters. It is illegal to take any action to harvest a deer within the 50 yard restricted area with a weapon or shot listed above. The law was passed by the State Legislature to address safety issues.
It really isn’t complicated. You may legally cross a public road with a loaded firearm so long as you have a right to be on either side of the road. You aren’t considered hunting until you are taking a direct action to harvest an animal, which you may not do from the road or shoot from one side of the road to the other side of the road. If you own property within 50 yards of the road you may be exempt upon that property on said side of road or railroad but you still probably ought to not shoot across or down the road with a rifle. The intent is what constitutes hunting from or across the road or right of way. I agree with you, however, you can still get a ticket and have to go to court and fight it. Don’t go trying to use logic and common sense. In the road crossing example, loaded gun = hunting, unloaded gun = not hunting. By this example, you could be hunting over corn and see a GW approaching and unload you gun and claim you are not hunting. With and unloaded gun and cartridge in hand, I can have a round chambered nearly as quickly as with one in the mag. With a single shot with a break action, you can load one in the blink of an eye. Walking does not equal hunting. It seems in many GW’s minds, you are guilty until proven innocent. And without a trial by jury, they will give you a “fair” trial then fine you!!!
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Re: Hunting from road or discharge of weapon
[Re: Avengedsevenfold]
#2675155
12/17/18 08:46 AM
12/17/18 08:46 AM
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Joined: Nov 2017
Posts: 2,203 Birmingham
7x57_Mauser
8 point
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8 point
Joined: Nov 2017
Posts: 2,203
Birmingham
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Back in the 70’s we’d drop standards off on the side of the road Dropping standards on the side of the road is risky business Are yall talking about "standers" / blockers? I leave my standards at the truck when I hunt.
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Re: Hunting from road or discharge of weapon
[Re: Avengedsevenfold]
#2675493
12/17/18 02:04 PM
12/17/18 02:04 PM
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Joined: Sep 2007
Posts: 7,634 Hartselle, AL
trlrdrdave
14 point
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14 point
Joined: Sep 2007
Posts: 7,634
Hartselle, AL
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Back in the 70’s we’d drop standards off on the side of the road Dropping standards on the side of the road is risky business In bars too!
"In time of war, send me all the Alabamians you can get, but in time of peace, for Lord's sake, send them to somebody else." General Edward H. Plummer
"Blessed are those who, in the face of death, think only about the front sight." Jeff Cooper
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Re: Hunting from road or discharge of weapon
[Re: trlrdrdave]
#2675576
12/17/18 03:51 PM
12/17/18 03:51 PM
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Joined: Jun 2017
Posts: 6,444 Alabama
Jakethesnake
The Flippin’ Idiot That Could Care Less
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The Flippin’ Idiot That Could Care Less
Joined: Jun 2017
Posts: 6,444
Alabama
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Back in the 70’s we’d drop standards off on the side of the road Dropping standards on the side of the road is risky business In bars too! I know that's right! Shoot
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Re: Hunting from road or discharge of weapon
[Re: mman]
#2675615
12/17/18 04:40 PM
12/17/18 04:40 PM
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Joined: Aug 2011
Posts: 148 Abbeville, Al
wheelgun
3 point
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3 point
Joined: Aug 2011
Posts: 148
Abbeville, Al
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HUNTING DEFINED
Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild birds, and all lesser acts, such as disturbing, harrying or worrying, or placing, setting, drawing or using any device used to take wild animals, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals or wild birds.
50 YARD RESTRICTION FROM A PUBLIC ROAD
You may not hunt or discharge a firearm within 50 yards of the right-of-way of any public road, highway, or railroad with a centerfire rifle, a shotgun using slugs or shot larger than number four (4) shot or a muzzle loading rifle .40 caliber or larger. This law significantly impacts deer hunters. It is illegal to take any action to harvest a deer within the 50 yard restricted area with a weapon or shot listed above. The law was passed by the State Legislature to address safety issues.
It really isn’t complicated. You may legally cross a public road with a loaded firearm so long as you have a right to be on either side of the road. You aren’t considered hunting until you are taking a direct action to harvest an animal, which you may not do from the road or shoot from one side of the road to the other side of the road. If you own property within 50 yards of the road you may be exempt upon that property on said side of road or railroad but you still probably ought to not shoot across or down the road with a rifle. The intent is what constitutes hunting from or across the road or right of way. I agree with you, however, you can still get a ticket and have to go to court and fight it. Don’t go trying to use logic and common sense. In the road crossing example, loaded gun = hunting, unloaded gun = not hunting. By this example, you could be hunting over corn and see a GW approaching and unload you gun and claim you are not hunting. With and unloaded gun and cartridge in hand, I can have a round chambered nearly as quickly as with one in the mag. With a single shot with a break action, you can load one in the blink of an eye. Walking does not equal hunting. It seems in many GW’s minds, you are guilty until proven innocent. And without a trial by jury, they will give you a “fair” trial then fine you!!! You have to ask for a jury trial, and that is your right, but if the GW didnt think you were guilty, you wouldnt be getting a ticket.
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