No Good Deed Goes Unpunished

Barnie Day


 

 

Ritualized Hunting

Does Virginia's constitutional right to "hunt" cover the right to sling lead at flying clay targets? The shaking of sticks and hurling of epithets has already begun.


 

Is shooting clay targets "hunting?" Every bit as much as shooting pen-raised birds. In essence, they are the same thing: expressions of a genetic survival disposition reduced now, because of our success, to ritual. You’ve seen those National Geographic specials—the ones about Amazon tribes that used to war back and forth all the time, with the winners eating the losers, but now just paint themselves up and get drunk and shake sticks at each other?

 

This is the same sort of thing. Pretend. Ritual.

 

(I have a clay thrower permanently rigged up in my back yard and every chance I get, I shoot pheasants at Primland, a premier 12,000 acre resort here in Meadows of Dan. And, yes, lots of Democrats do own guns--gasp!--and do know the business end of them.)

 

So, here comes another ritual, a court case over in Nelson County that will have some national implications for the right-to-hunt crowd, and for anti-gun, anti-hunting, more-government-is-the- answer-to-everything snivelers everywhere.

 

Orion Estates, which sounds like a small version of Primland, wants a conditional use zoning permit for the construction of a shotgun sports center. Let me interpret "shotgun sports center" for you. They want to shoot tens of thousands of rounds of lead shot loads at clay targets thrown by a spring-operated mechanical device. I have a "shotgun sports center" set up in my back yard. The governmental brain trust of Nelson County says “nothing doing.” 

 

Most days, that would be the end of it. But there is a complication here, a thing called the Virginia Constitution, and an amendment thereto approved by the people of this good state in 2000. That amendment says the people have a right to "hunt," to harvest game and fish and whatnot, subject to the rules adopted by the General Assembly.

 

Sure, you can drive a truck through that kind of language, but it’s there, right in the constitution now. And Orion Estates is saying… Well, they’re saying two things: The Nelson County Board of Supervisors is violating the constitutional right to hunt that the state constitution guarantees its members and guests; and they’re saying that throwing loads of hot lead shot at these clay targets is "hunting."

 

I don’t know that either side has gotten good and drunk yet—I’d recommend it—but it does look like they’ve put their war paint on and are shrieking and hollering and shaking sticks at each other. Nelson County Circuit Judge Michael Gamble has sallied forth to give the Orion operation a look-see. He’ll decide if that "shotgun sports center" engages in "hunting," in a ruling expected later in the summer, circuit court judges being, of course, a cross of sorts, our equivalents to the Amazonians’ wise men, soothsayers, and witch doctors.

 

In the meantime, both sides of this issue are mustering up cousin tribes from all over the country. One way or another, it seems, Virginia’s so-called "constitutional right" to hunt and fish is going to be challenged. Judge Gamble’s ruling likely won’t be the end of it, either way. These cousin tribes are bringing their pocketbooks to this scuffle. What are the implications of that? There are two: Court of Appeals, Supreme Court.

 

Holdover genetics, survival instincts that date to our origins as a species, do that—they cause all kinds of trouble, long after we’ve evolved beyond the material need for them. Make no mistake, they’re still there. We all have them. Their vestiges are everywhere. (See "divorce courts" and "women fist-fighting at day-after-Thanksgiving-Day-sales"). But the Amazonians are clearly on to something, it seems to me. Ritual is best. Getting drunk and shaking sticks at each other is the way to go.

-- May 9, 2005

 

 

 

 

 

 

 

 

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Barnie Day

604 Braswell Drive
Meadows of Dan, VA
24120

 

E-mail: bkday@swva.net