The following local ordinances apply in Albemarle County:
- Sec. 10-107 - Firearms - Discharging within residential districts (reference)
A. It shall be unlawful for any person to discharge any firearm within the boundaries of any residential district within the county. The provisions of this section shall not apply to:
1. A law-enforcement officer, as defined by Virginia Code § 9.1-101, in the performance of his official duties, or an animal control officer, as defined by Virginia Code § 3.2-6555, in the performance of his official duties;2. Any person whose discharge of a firearm is justifiable or excusable at law in the protection of life or as otherwise permitted by law;3.Any person discharging a firearm or starter gun with a blank cartridge or other ammunition not resulting in the expulsion of a projectile or projectiles.
B. Any person violating this section shall be liable for a penalty of not less than $25.00 nor more than $1,000.00 for each such violation.
C. For purposes of this section, "residential district" shall mean any district described as Village Residential - VR, Residential R-1, Residential R-2, Residential R-4, Residential R-6, Residential R-10, Residential R-15, Neighborhood Model - NMD, Planned Unit Development - PUD or Planned Residential Development - PRD on the official zoning map of the county.
(9-19-74; 6-10-81; Code 1988, § 13-9; Ord. 98-A(1), 8-5-98; Ord. 10-10(1), 11-3-10)
State Law reference— For state law as to authority of county to adopt this section, see Va. Code § 15.2-1209.
- Sec. 10-108 - Transporting loaded rifle or shotgun in vehicle (reference)
A. It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway within the county; provided, however, that the foregoing shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.
B. Any person violating this section shall be liable to a fine not to exceed $100.00 for each such violation.
C. All law-enforcement officers authorized to act as such within the county shall have the power to enforce this section, including but not limited to all duly appointed and acting game wardens.
D. "Loaded rifle or shotgun," as used in this section, is defined as a rifle or shotgun with ammunition within the action chamber, magazine or clip which is within or on the rifle or shotgun.
(10-20-76; Code 1988, § 13-9.1; Ord. 98-A(1), 8-5-98)
State Law reference— State law as to authority of county to adopt this section, Va. Code § 15.2-915.2.
- Sec. 10-109 - Standing or walking with loaded firearm (reference)
A. It shall be 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 the 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.
B. Any person violating this section shall be liable to a fine not to exceed $100.00 for each such violation.
C. All law-enforcement officers authorized to act as such within the county shall have the power to enforce this section, including but not limited to all duly appointed and acting game wardens.
D. "Loaded firearm," as used in this section, is defined as a firearm with ammunition within the action chamber, magazine or clip which is within or on the firearm. "Firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon.
E. 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.
(3-11-81; Ord. of 9-15-93; Code 1988, § 13-9.2; Ord. 98-A(1), 8-5-98; Ord. 10-10(1), 11-3-10)
State Law reference— State law as to authority of county to adopt this section, Va. Code § 15.2-1209.
- Sec. 10-110 Hunting; prohibited with firearms near highways generally (reference)
It shall be unlawful for any person to be engaged in the hunting or attempting to hunt with a firearm of any game bird or game animal within 100 feet of any primary or secondary highway in the county. Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor. For the purpose of this section, the term "hunt" shall not include the necessary crossing of highways for the bona fide purpose of going into or leaving a lawful hunting area.
(Code 1967, § 13-10; Code 1988, § 13-11; Ord. 98-A(1), 8-5-98; Ord. 10-10(1), 11-3-10)
State Law reference— State law authorizing county prohibit hunting with firearms within one hundred yards of highways and defining the term "hunt," see Va. Code § 29.1-526.