Other Hunting > Coyote, Small Game, Varmints
Shoot from the road?
buckfvr:
ttt :dunno: :hello: :sry:
bearpaw:
--- Quote from: bigtex on March 03, 2013, 10:21:07 AM ---
--- Quote from: buckfvr on March 03, 2013, 09:19:01 AM ---Since the RCW and WACs dont mention hunting, but the game laws do, Id look for an answer from WDFW to avoid a ticket....unless of course you are standing up on this as a LEO with first hand knowledge.......I dont think anyone on here is wanting to have a need to hire a lawyer to get a citation dropped.......
--- End quote ---
The "game laws" are RCW 77, WAC 232 and WAC 220.
Bob is correct in everything he is saying.
When you are on USFS lands there is also a federal law regarding shooting from, along, or across USFS roads, doesn't matter if you are hunting or not.
RCW 77.15.460 is really a unique law in that it is in the fish and wildlife RCW, but doesn't just apply to hunting.
--- End quote ---
SHOOTING ALONG ROADWAYS
Bigtex, the way I understand Washington law is that a person can shoot from along a roadway as long as it is not in a negligent manner or from inside or upon a motor vehicle. So a person can get out of their vehicle and shoot from the road if you are doing it safely and in a safe location?
You mention federal laws that apply to forest service lands, does this law prohibit shooting along all forest service roads even when not in a vehicle? Could you please post the text or link for that aplicable law so we can read and understand it? THANKS
SHOOTING FROM VEHICLE
The way I understand this, a person could shoot from in the back of a truck, from an elevated shooting seat, or from an ATV, as long as the engine is off, the vehicle is not moving, and the vehicle is not on or along any public road. But if you are on a private farm road the road restriction would not apply. You must not be inside a vehicle no matter where you are shooting. Am I understanding that correctly?
THANKS for your help!
RCW 77.15.460
Loaded rifle or shotgun in vehicle — Unlawful use or possession — Unlawful use of a loaded firearm — Penalty.
(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:
(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and
(b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.
(2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
(3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;
(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.
(5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.
bigtex:
Bearpaw,
Here is the federal reg for shooting on USFS roads:
36 CFR 261.10(d)
(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.
The USFS reg has nothing to do with vehicles, it simply has to do with the act of shooting.
There is a rule for DNR lands but it ONLY applies for target shooting, NOT hunting:
WAC 332-52-145(2)(b)
(b) Persons shall not shoot within, from, along, across, or down roads or trails
bearpaw:
Thankyou bigtex,
If I read that correctly a person cannot shoot across or on a national forest system road. Does that mean shoot at something that is on the road, or does that mean a person cannot shoot from the road. It sort of seems to indicate a person cannot shoot something on the road or across the road.
People have shot grouse in the forest and on the back roads for decades and I have never heard of anyone being cited. Are they citing for that now?
Another thing, most people would get out of a vehicle and shoot a buck while driving the mountain roads, are people being cited for that now?
yote:
Where does it say that you can't spotlight from your vehicle??
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