The following local ordinances apply in James City County:
- Sec. 15-34. - Weapons—Firearms not to be carried, or in vehicle, when loaded; enforcement provisions. (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. The provisions of this subsection 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.
(b) 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. Conservation police officers, sheriffs and all other law enforcement officers shall enforce the provisions of this subsection.
The provisions of this subsection 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.
(c) Any violation of this section shall be punishable by a fine of not more than $100.00.
(Ord. No. 56A-14, 9-11-07; Ord. No. 56A-20, 10-9-12)
State Law reference— Power of county to regulate the carrying of loaded firearms on public highways, Code of Va., § 15.2-1209.1; transporting a loaded rifle or shotgun, Code of Va., § 15.2-915.2.
- Sec. 15-36. - Discharge of firearms, etc. in certain areas; exceptions. (reference)
(a) It shall be unlawful for any person to discharge any firearms or pneumatic gun in the county in or within 300 feet of any dwelling, commercial building or shelter for animals, except with the prior written permission of owner or tenant, in or within 50 feet of the boundaries of any recorded subdivision, in or within 800 feet of any dwelling in the Colonial Heritage subdivision, the boundaries of which subdivision are shown on the map titled Colonial Heritage subdivision boundary and dated June 13, 2017, or in a manner which causes ammunition to cross such areas.
(b) For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them below:
- Ammunition. A cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
- Commercial building. Any structure which requires the issuance of a certificate of occupancy under the Virginia Uniform Statewide Building Code and is used or is intended to be used for commerce.
- Dwelling. Any structure which is designed for use for residential purposes, including, but not limited to, a mobile home.
- Firearm. Any weapon in which ammunition may be used or discharged by explosion or pneumatic pressure.
Owner. One or more persons, jointly or severally, in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises.
- Pneumatic gun. 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.
- Recorded subdivision.
a. Any subdivision of property into two or more lots (i) which occurred after August 31, 1964; (ii) has a plat recorded in the county's circuit court clerk's office; and (iii) where the new lots created are to be used for residential or commercial purposes.
b. The following subdivisions divided prior to August 31, 1964, as shown on the map titled James City County Pre-August 1964 Subdivisions Prohibited from Discharging Firearms, dated September 20, 2011:
Belen Heights, Benel Corp, Birchwood Park, Boughsprings, Bozarth & Mahone/Mahone & Bozarth, Canterberry Hills, Chickahominy Haven, Colonial Park, Colonial Terrace, Cypress Point, D. Warren Marston, Dandridge Davenport & Piggott, Druid Hill, Eustis Terrace, Farmville Estates, First Colony, Frank Anderson, Frank Armistead, Haley & Whitehall, Harwood, Holly Brook, Holly Hill, Indigo Park, Indigo Terrace, James Terrace, James Wesley Jones (Estate), Jamestown Farms, John Henry Lee, Kingswood, Levi & Lettie Wallace, Magruder Heights, Magruder View, Marl Hills (Lakewood), Neck-O-Land Hundred, Norge, Norvalia, Poplar Hall Plantation, Powhatan Springs, Rado Banks, Raleigh Square, Riverview Plantation, Sadie Taylor, Schuyler & Troy Smith, Signor Bradby, Shellbank, Solomon Orange, Steers (Hickory Signpost), Steers (Jamestown Road), Stephens, Sycamore Landing, Temple Hall Estates, The Colony, Thomas & Hattie Kearney, Toano Terrace, Washington Jones (Estate), Winston Terrace, and Yearda Lee Smith.
c. Any subdivision where two thirds of the lot owners have petitioned the board of supervisors to be included within the boundaries of the prohibition on the discharge of firearms, and such petition has been approved by resolution.
d. Recorded subdivision shall not include property divided pursuant to family subdivision, condemnation, or other board of supervisors' approved subdivision of property.
Shelter for animals. Any building designed or intended for the shelter, housing or enclosure of any animals, livestock or poultry.
- Tenant. A person entitled under a rental agreement to occupy a dwelling to the exclusion of others.(c) It shall be unlawful for any person to discharge a rifle, shotgun rifled slug or muzzle-loading rifle (except a rifle .22 caliber or smaller, a muzzle-loading rifle .36 caliber or smaller, or a shotgun) anywhere in the county unless such person is on a stand elevated at least ten feet above the ground. This paragraph shall not apply to any person discharging a rifle in a permitted area to hunt groundhogs on land zoned A-1, General Agricultural District, between March 1 and September 1.
(d) The prohibition contained in this section shall not apply to the following:
(1) The discharge of firearms in a private basement, cellar, or target range, provided that such target range has sufficient background or backstop to ensure that ammunition will not travel more than 300 feet beyond the target range and further provided that such target range is not located in or in or within 800 feet of any dwelling in the Colonial Heritage subdivision, the boundaries of which subdivision are shown on the map titled Colonial Heritage subdivision boundary and dated June 13, 2017.
(2) The discharge of weapons in defense of one's life or to kill any dangerous animal.
(3) The discharge of weapons by any duly authorized peace officer, law enforcement official or military personnel acting in the performance of his duties.
(4) The discharge of a weapon by any person participating in a hunt for which a permit or management plan for controlled wildlife reduction has been issued or developed by the Virginia Department of Game and Inland Fisheries; such hunt shall also be approved by the James City County Chief of Police, who shall review the action plan for such a hunt to provide for the health, safety and welfare of residents and participants. Such review shall include, but not be limited to, the area in which the weapons may be discharged; the caliber of the weapons to be used; measures to be implemented to keep nonparticipants in the hunt from entering the area; the number of participants; and the days and hours of such a hunt.
(5) The use of pneumatic guns (i) at facilities approved for shooting ranges; (ii) on property where firearms may be discharged; and (iii) 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.(e) It shall be unlawful for any minor under the age of 16 to use a pneumatic gun on private or public property unless such minor is under the supervision of a parent, guardian, or other adult supervisor approved by a parent or guardian of such minor. Minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun on private property with the consent of the owner. 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.
(f) Pneumatic gun offenses shall be punishable as a Class 3 misdemeanor.
(Ord. No. 79, 5-13-74; Ord. No. 56A-6, 3-4-91; Ord. No. 56A-7, 12-6-93; Ord. No. 56A-8, 8-1-94; Ord. No. 56A-14, 9-11-07; Ord. No. 56A-18, 9-27-11; Ord. No. 56A-23, 6-13-17)
State Law reference— General powers of counties, Code of Va., § 15.2-1200; shooting of firearms, or arrows from bows, in certain areas prohibited, Code of Va., § 15.2-1209; hunting in certain areas prohibited, Code of Va., § 15.2-1210; regulation of pneumatic guns, Code of Va., § 15.2-915.4; regulation of compound bows, crossbows, longbows, and recurve bows, Code of Va., § 15.2-916.