
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, April 26, 1990                   TAG: 9004260343
SECTION: VIRGINIA                    PAGE: B6   EDITION: STATE 
SOURCE: Associated Press
DATELINE: VIRGINIA BEACH                                LENGTH: Medium

CONVICTION BUILDS IN HUNT BAN FIGHT

Things went as planned for Joseph Ficarra when a Virginia Beach General District Court judge found him guilty Wednesday of violating the state's ban on Sunday hunting.

Now the 40-year-old taxidermist can appeal his conviction and attempt to get the law ruled unconstitutional.

"We were careful only to raise the constitutional issue and nothing else today so that the judge could not dismiss the charge on a technicality," said Gary Byler, Ficarra's attorney. "The judge either could find him guilty or find the law unconstitutional. The General District Court is not the level where constitutional law is generally decided."

Ficarra was arrested Feb. 4 when he walked into a field with a loaded gun in the Pungo section of Virginia Beach. He had told state Department of Game and Inland Fisheries officials what he planned to do. They were there to meet him.

According to the law, "Sunday . . . is hereby declared a day of rest for all species of wild bird and wild animal life, except raccoons, which may be hunted until 2 a.m. on Sunday mornings."

The defense presented only one witness, James A. Remington, director of the Game Department. Remington testified that to the best of his knowledge there was no biological or wildlife management reason for the Sunday hunting ban.

Shortly after Ficarra's arrest, Remington had said he personally favored repeal of the law.

"Ever since they repealed the blue laws, this has stuck in my craw," Ficarra said after being found guilty and fined $100. "Sunday is the only day off I have and the law says I can't hunt. It may be the only thing in Virginia you can't do on Sunday now."

Ficarra's fine was held in abeyance while he appeals his conviction to the Circuit Court. His trial there is set for May 12.

Byler argued the law was unconstitutional because it bans the hunting on religious grounds. According to Byler, the law is based on statutes passed in 1642 and 1657, which banned most activities on Sunday for religious reasons.

Byler also said the law denied equal protection, allowing raccoon hunters to continue their sport on Sundays.

by CNB