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Author Topic: There's no such thing as a stupid question, right? Tagging requirements?  (Read 12066 times)

Offline Blacktail Sniper

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #30 on: August 15, 2013, 01:23:23 PM »
Do they define a "public highway" anywhere?


Looks like number 11 covers it:

http://apps.leg.wa.gov/rcw/default.aspx?cite=47.04.010
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Offline xd2005

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #31 on: August 15, 2013, 01:38:57 PM »
Are logging roads "public highways?"

Offline SilkOnTheDrySide

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #32 on: August 15, 2013, 01:40:33 PM »
I've generally always hated the transport rule with deer. Cape it out, with cape and tagged antlers, four quartered and skinned sections. Why do I need to leave the penis attached? It seems such a strange requirement..

Offline 6.8mmARHunter

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #33 on: August 15, 2013, 02:01:32 PM »
Page 78 of the Big Game pamphlet refers to “Prohibited Hunting Methods.” One of the prohibited hunting methods reads as follows:

6. Discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, is prohibited, except for hunters with disabilities in compliance with WAC 232-12-828.

That sounds black and white, doesn’t it?

However, when you read the RCW you will find that it is not entirely so.

http://apps.leg.wa.gov/rcw/default.aspx? cite=77.15.460

“A person is guilty of unlawful use of a loaded firearm if the person negligently discharges a firearm from, across, or along the maintained portion of a public highway.”

Do you see word negligently in the pamphlet? No.

When someone says it is (always) illegal to discharge a firearm from a public highway, he is incorrect, but reading the pamphlet alone one would reach that conclusion.

So, hypothetically, you could be driving along, see a bear in a clearcut off the side of the road, stop your vehicle, get out, load your weapon, then while firing from the road, harvest your bear. You could argue that your shot was not negligent. You could argue that the shot was calculated, planned, and executed with the utmost precision an safety in mind. Hence not negligent. So legally, you could shoot and kill your bear from a road. Hypothecally.


Offline snowpack

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #34 on: August 15, 2013, 02:06:16 PM »
Page 78 of the Big Game pamphlet refers to “Prohibited Hunting Methods.” One of the prohibited hunting methods reads as follows:

6. Discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, is prohibited, except for hunters with disabilities in compliance with WAC 232-12-828.

That sounds black and white, doesn’t it?

However, when you read the RCW you will find that it is not entirely so.

http://apps.leg.wa.gov/rcw/default.aspx? cite=77.15.460

“A person is guilty of unlawful use of a loaded firearm if the person negligently discharges a firearm from, across, or along the maintained portion of a public highway.”

Do you see word negligently in the pamphlet? No.

When someone says it is (always) illegal to discharge a firearm from a public highway, he is incorrect, but reading the pamphlet alone one would reach that conclusion.

So, hypothetically, you could be driving along, see a bear in a clearcut off the side of the road, stop your vehicle, get out, load your weapon, then while firing from the road, harvest your bear. You could argue that your shot was not negligent. You could argue that the shot was calculated, planned, and executed with the utmost precision an safety in mind. Hence not negligent. So legally, you could shoot and kill your bear from a road. Hypothecally.
That's how I'm reading it too.  Like they knew the law, but decided to go a little further when they wrote the regs.  Probably because they didn't want to think about how to define 'negligently'.

Online Bob33

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #35 on: August 15, 2013, 02:06:30 PM »
"So, hypothetically, you could be driving along, see a bear in a clearcut off the side of the road, stop your vehicle, get out, load your weapon, then while firing from the road, harvest your bear. You could argue that your shot was not negligent. You could argue that the shot was calculated, planned, and executed with the utmost precision an safety in mind. Hence not negligent. So legally, you could shoot and kill your bear from a road. Hypothecally."

Absolutely. The officer and judge would need to be convinced that not only did you shoot from, across, or along a road, but that it was done negligently.
Nature. It's cheaper than therapy.

Offline pd

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #36 on: August 15, 2013, 02:20:19 PM »
Page 78 of the Big Game pamphlet refers to “Prohibited Hunting Methods.” One of the prohibited hunting methods reads as follows:

6. Discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, is prohibited, except for hunters with disabilities in compliance with WAC 232-12-828.

That sounds black and white, doesn’t it?

However, when you read the RCW you will find that it is not entirely so.

http://apps.leg.wa.gov/rcw/default.aspx? cite=77.15.460

“A person is guilty of unlawful use of a loaded firearm if the person negligently discharges a firearm from, across, or along the maintained portion of a public highway.”

Do you see word negligently in the pamphlet? No.

When someone says it is (always) illegal to discharge a firearm from a public highway, he is incorrect, but reading the pamphlet alone one would reach that conclusion.

OK.  Four cheers for Bob. 
Si vis pacem, para bellum

Offline bankwalker

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #37 on: August 15, 2013, 02:26:46 PM »
These types of discussions make my head hurt.

I'm glad we have members on this board who take the time to help clarify the laws.

Offline 6.8mmARHunter

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #38 on: August 15, 2013, 02:35:57 PM »
"So, hypothetically, you could be driving along, see a bear in a clearcut off the side of the road, stop your vehicle, get out, load your weapon, then while firing from the road, harvest your bear. You could argue that your shot was not negligent. You could argue that the shot was calculated, planned, and executed with the utmost precision an safety in mind. Hence not negligent. So legally, you could shoot and kill your bear from a road. Hypothecally."

Absolutely. The officer and judge would need to be convinced that not only did you shoot from, across, or along a road, but that it was done negligently.


I wouldn't want to be the test case.

Offline BsB

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #39 on: August 15, 2013, 02:43:23 PM »

OK.  Four BEERS for Bob.
Fixed it for you. :tup:
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Online Bob33

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #40 on: August 15, 2013, 03:09:50 PM »
 :tup:
(burp)
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Offline Blacktail Sniper

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #41 on: August 15, 2013, 03:14:13 PM »
Are logging roads "public highways?"

If you are talking about Weyco and such type logging roads, I believe that #28 on that page covers those.
It is better to be consistently incorrect than inconsistently correct...

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My level of sarcasm depends on your level of stupidity...

Sarcasm makes smart people laugh and stupid people mad.

Offline CedarPants

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Offline billythekidrock

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #43 on: August 15, 2013, 06:23:03 PM »
Are logging roads "public highways?"

On state land = yes.
on private timberland = no.




Offline Rooster1981

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Re: There's no such thing as a stupid question, right? Tagging requirements?
« Reply #44 on: August 15, 2013, 07:37:07 PM »

 I have always put the tag in the ear and tapped the ear shut with electrical tape. Many times I have been checked with a  animal tagged in the ear and was told thats the way they like it.  :dunno:
Hunting hounds since 1993

 


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