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.

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.

Back in the 70’s and CB radios, we’d drop standards off on the side of the road with trucks with CB’s at both ends and drive out someone’s property, sometimes with dogs.

Outlaws fer sure.

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.

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.

My land is split down the middle with about half a mile of paved county road. I’ve been walking across and up/down that road with a gun for 40 years. Not hunting but headed to a hunting destination. Different game wardens have come by 3 different times over the years and just asked where I was headed. Told them I was headed to the pond or whatever. Only one asked if I even owned the Properity. I think law enforcement officers are like anyone else and can see real quick if someone is up to no good. A guy walking across a road with a rifle on his shoulder on a mission to get somewhere v/s someone standing on the side of the road looking around and gets jumpy when the warden rounds the corner is another thing and it does and should get noticed. I’m sure my situation is a little different than most because I live right there on the land but I sure don’t sweat it.

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.

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.

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.

Dropping standards on the side of the road is risky business

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.

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!!!

Are yall talking about "standers" / blockers? I leave my standards at the truck when I hunt.

In bars too!

I know that's right! Shoot

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.