Virginia Question 2, Right to Hunt, Fish, and Harvest Game Amendment (2000)
Virginia Question 2 | |
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Election date |
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Topic Constitutional rights and Right to hunt and fish |
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Status |
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Type Legislatively referred constitutional amendment |
Origin |
Virginia Question 2 was on the ballot as a legislatively referred constitutional amendment in Virginia on November 7, 2000. It was approved.
A “yes” vote supported providing for a right to hunt, fish, and harvest game. |
A “no” vote opposed providing for a right to hunt, fish, and harvest game. |
Aftermath
Orion Sporting Group v. Nelson County
Orion Sporting Group, LLC, a firm owning a hunting preserve in Nelson County, Virginia, sought a permit for a sporting clays facility. Orion brought the denial of permit before the Virginia 24th Judicial Circuit, where Judge J. Michael Gamble ruled in favor of Nelson County. Orion argued that Virginia's Question 2, which provided a constitutional right to hunt and fish, protected the firm's ability to run a sporting clays facility. Orion's and Nelson County's lawyers argued over what counts as "hunting."[1]
Judge Gamble determined that while "the constitutional right to hunt, fish, and harvest game under the Constitution of Virginia is a fundamental right," the "word ‘hunt’ in its plain, obvious, and common sense means the pursuit of game. Shooting sporting clays is not the pursuit of game."
Orion appealed the case to the Virginia Supreme Court, which declined to review it.[1]
Election results
Virginia Question 2 |
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Result | Votes | Percentage | ||
1,448,154 | 59.88% | |||
No | 970,266 | 40.12% |
Text of measure
Ballot title
The ballot title for Question 2 was as follows:
“ | Shall the Constitution of Virginia be amended by adding a provision concerning the right of the people to hunt, fish and harvest game? | ” |
Background
As of November 2024, 24 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.[2]
List
The following is a list of state ballot measures to adopt right to hunt and fish amendments:
State | Year | Type | Title | Description | Result | Yes Votes | No Votes |
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FL | 2024 | Amendment 2 | Provide for a state constitutional right to hunt and fish |
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6,941,307 (67%) |
3,365,987 (33%) |
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UT | 2020 | Constitutional Amendment E | Provide for a state constitutional right to hunt and to fish |
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1,063,212 (75%) |
355,848 (25%) |
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NC | 2018 | Right to Hunt and Fish Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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2,083,123 (57%) |
1,563,090 (43%) |
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IN | 2016 | Public Question 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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1,893,467 (79%) |
492,300 (21%) |
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KS | 2016 | Constitutional Amendment 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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926,970 (81%) |
213,104 (19%) |
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TX | 2015 | Proposition 6 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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1,260,763 (81%) |
294,973 (19%) |
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AL | 2014 | Amendment 5 | Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods |
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789,777 (80%) |
199,483 (20%) |
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MS | 2014 | HCR 30 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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524,423 (88%) |
71,683 (12%) |
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ID | 2012 | HJR 2 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
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456,514 (73%) |
165,289 (27%) |
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KY | 2012 | Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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1,298,340 (84%) |
238,320 (16%) |
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NE | 2012 | Amendment 2 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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557,534 (77%) |
169,250 (23%) |
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WY | 2012 | Amendment B | Provide for a state constitutional right to harvest wild bird, fish, and game |
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212,561 (89%) |
25,564 (11%) |
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AR | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife |
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612,495 (83%) |
127,444 (17%) |
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AZ | 2010 | Proposition 109 | Provide for state constitutional right to hunt, fish, and harvest wildlife |
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714,144 (44%) |
926,991 (56%) |
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SC | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
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1,126,228 (89%) |
139,668 (11%) |
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TN | 2010 | Amendment | Provide for state constitutional right to hunt and fish |
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1,255,840 (87%) |
181,465 (13%) |
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OK | 2008 | State Question 742 | Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission. |
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1,082,341 (80%) |
269,787 (20%) |
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GA | 2006 | Amendment 2 | Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good |
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1,626,226 (81%) |
379,024 (19%) |
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LA | 2004 | Question 1 | Provide for a state constitutional right to hunt, fish, and trap |
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1,195,445 (81%) |
279,926 (19%) |
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MT | 2004 | C-41 | Provide for a state constitutional right to harvest wild fish and game |
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345,505 (81%) |
83,185 (19%) |
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WI | 2003 | Question 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
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668,459 (82%) |
146,182 (18%) |
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ND | 2000 | Measure 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
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206,443 (77%) |
61,531 (23%) |
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VA | 2000 | Question 2 | Provide for a right to hunt, fish, and harvest game |
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1,448,154 (60%) |
970,266 (40%) |
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MN | 1998 | Amendment 3 | Provide for a state constitutional right to hunt, fish, and take game |
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1,570,720 (77%) |
462,749 (23%) |
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AL | 1996 | Amendment 1 | Provide for a state constitutional right to hunt and fish |
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955,149 (81%) |
218,350 (19%) |
Map
The following map shows which states have constitutional rights to hunt and fish in their state constitutions:
Path to the ballot
- See also: Amending the Virginia Constitution
A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
See also
External links
Footnotes
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