Is it illegal to possess a loaded firearm when walking on a roadway?
Simple possession of a firearm while walking along a roadway is not illegal. However, it is one of the pieces of what law enforcement calls “the totality of circumstances” which can lead to probable cause for an arrest. The arrest would be for hunting from a roadway. Hunting is defined broadly and pursuing game (such as being part of a deer drive) is hunting. Should a law enforcement officer find enough pieces within the totality of circumstances they may have enough probable cause to issue a citation for hunting from a roadway. The burden of proof of a violation is the responsibility of law enforcement. Possession of a firearm while walking on a roadway is not by itself enough (prima facia) evidence to issue a citation for hunting from a roadway. * It is important to remember that certain species may be hunted from a roadway if the roadway is dirt, sand or gravel and the firearm is a muzzleloader or a shotgun shooting fine shot. The above question most frequently comes from our public
