Virginia law concerning minimum caliber for animal defense

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wbwanzer

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When visiting Virginia, I can now carry concealed with my Utah non-res permit. Is there any minimum caliber required by law if I were to shoot an animal (say a bear) in self defense when in the mountains? I had not given this any thought but someone brought it to my attention as a possible concern.

Thanks for any input.
 
Caliber laws are for hunting, a minimum is set for humane hunting.
It is to reduce inhumane wounding and animal suffering from inadequate calibers.
Some hunters would use rounds that could just barely take an animal, or only take an animal at a certain angle with excellent shot placement, and not achieving near perfect shot placement leave live animals to suffer, or die of their wounds or infection hours or days later.
A minimum helps to offset this possibility and give some margin of error in shot placement. Where a good but less than perfect shot will still humanely take the animal.

Self defense is self defense and the caliber does not matter legally. If it was determined to not be self defense and you did not have the proper hunting license or tags it would be illegal poaching.
If it was determined to be illegal poaching I don't know if they would be able to add an additional charge or enhancement because the caliber was also illegal to hunt with.
 
When visiting Virginia, I can now carry concealed with my Utah non-res permit.
Click to expand...

Purchase and read "The Virginia Gun Owner's Guide.'

Virginia has NOT statutory law governing the use of lethal force, it is 100% case (common) law.
It is VERY different than most other states.

Most of the law is actually very good (no duty to retreat if you did not invite/interact before the attack and you are in a place you are allowed to be present) but you MUST be aware of what is the law says about justifiable and excusable homicide.

You cannot use lethal force to defend property, and must be in fear of death or grave bodily harm to use lethal force in most cases.

YOU will have to make the argument and defend yourself in court.

All the state must do is show you used lethal force and someone was killed.
There burden ends right there.

YOU will have to justify your actions to the court (affirmative defense of excusable or justifiable homicide).
 
Thanks Jim. I'll think about that one. (I hate driving in northern Va)
 
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