You may, or you may not, depending on the game warden who sees you.
That is the problem. People are not supposed to be at the mercy of an officer's interpretation of the law. The law is required to give men of average intelligence clear notice of what is required of them.
The opinon of the Arkansas Supreme Court that I posted above indicates that the possession of a loaded firearm is a protected right that cannot be infringed by an agency's interpretation of hunting by itself and with no other proof. There must be additional evidence to support a conviction of hunting from a public road or railroad. I believe Alabama's courts would agree.
Until hunters are willing to fight these cases thru the courts to protect their right to bear arms, that right will continue to be challenged by a few game wardens who do not defend our constitutions as they vowed to do. The mere fact that someone got a ticket and "had" to pay it doesn't prove there was a valid case against them.
If you aren't willing to fight for your rights, then unload your gun before you approach a road or railroad to appease the game warden. It is much easier and convienient to give in than it is to fight.
This is no longer about safe hunting practices, as you will see below. Here's how your right to hunt is affected in different situations the way I read it:
- landowners, handgun hunters, small game hunters and bow hunters can hunt right up to the right of way except on WMAs. Duly authorized law enforcement officers acting in the line of duty or persons otherwise authorized by law can shoot or hunt from or across the road itself.
- non-owners of the land can hunt using some guns and some ammunition right up to the right of way of the road or railroad. Otherwise, they must be 50 yds from it except on WMAs
- on WMAs it is unlawful to hunt within 100 yards of any paved public road or highway, or from within the right-of-way of any developed U.S. Forest Service road (paved or unpaved) which is open for vehicular traffic (this is due to a WMA rule, not 9-11-257)
If you are not on privately owned land or on a WMA, there may be other rules that I have not listed. It's up to you to know about them.
