Free: Contests & Raffles.
Do they define a "public highway" anywhere?
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.
Quote from: Bob33 on August 15, 2013, 12:33:30 PMPage 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.
"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.
OK. Four BEERS for Bob.
Are logging roads "public highways?"
Quote from: CedarPants on August 15, 2013, 01:12:49 PMDo they define a "public highway" anywhere? Looks like number 11 covers it:http://apps.leg.wa.gov/rcw/default.aspx?cite=47.04.010