question on handguns for hunting and people under 21

[hunter93]

hey everyone i am 19. now correct me if i am wrong. but i am aloud to carry a handgun while i am hunting right. if that is correct am i aloud to transport it in my car as long as it is unloaded and visible. since i am going to or from a outdoor activity. now i got this information from http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060 it is number 8 on the list. i just need to know if I'm legal age or not. thanks for the help

[Fl0und3rz]

Keep in mind that that citation applies to carry laws in http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050.

So be mindful of item 3A

(3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

As far as your age is concerned, see here.

http://wdfw.wa.gov/help/categories/Hunting/Firearms+Possession+Requirements/

Specifically:

Under 21 and Handguns While Hunting

Can persons younger than 21 legally hunt with a handgun during modern firearm seasons, and legally possess a handgun during archery or muzzleloading firearm seasons?

    Yes. If you are under the age of 21 and you want to use a handgun to hunt or for personal protection while hunting, you must possess a legal hunting license, be hunting during legal seasons in open areas, and not be trespassing (RCW 9.41.060 and 9.41.240).

[hunter93]

ok awsome so since i am gonna use it for personal pertection while out hunting. then i can bring it with me. as long as it is unloaded. and i never leave a firearm in the car. thanks for the help

[Fl0und3rz]

ok awsome so since i am gonna use it for personal pertection while out hunting. then i can bring it with me. as long as it is unloaded. and i never leave a firearm in the car. thanks for the help

Yeah, but it can be loaded while out of the vehicle, subject to the outdoor activities requirement. Your synopsis was unclear.

[300rum]

You can't load it.....You can't buy ammo!     Stupid Law......

[Oldguy]

This site is not the place to get the information you need. Call the WDFW and talk to the legal department as I did a week or so ago. They weren't even aware that the RCW 9.41.060 was an exception to RCW 9.41.050 and that we had the right to carry concealed to and from  our outdoor activity. There is no mention of age or being unloaded but please don't take my word for this; do some research.

[Knocker of rocks]

This site is not the place to get the information you need. Call the WDFW and talk to the legal department as I did a week or so ago. They weren't even aware that the RCW 9.41.060 was an exception to RCW 9.41.050 and that we had the right to carry concealed to and from  our outdoor activity. There is no mention of age or being unloaded but please don't take my word for this; do some research.

Why would you give the advice to talk to the legal department of the WDFW, and then immediately following tell us how they (WDFW) did not know the laws.  I actually think the interpretation of laws you get from LE is often at least skewed and sometimes grievously incorrect.  Reading the RCW's yourself is the best advice

[bobcat]

This site is not the place to get the information you need.

Not necessarily true. There have been many times people have been given the wrong information by the WDFW, then they post here and get the right answer.

It's all dependent on who you get on the phone. I do think it's a good idea to talk to the WDFW if you have a question like that. But I wouldn't count on always getting the correct answer.

And, it seems that with your experience they didn't even know the law regarding carrying concealed weapons while traveling to and from outdoor activities!

Again, it all depends who you get on the phone. I would bet most of the law enforcement officers would know that. But people in the office may not.

I'd put my trust with the people on this site more than I would the WDFW "legal department."

[Oldguy]

The lawyer at WDFW agreed that my interpretation was correct after I pointed out things in the RCW.  My point is that it is not advisable to just take someone's word on the forum without verifying the information. As to the Wildlife Officers knowing the regulations, I know that isn't true since I've shown them changes in laws they weren't aware of. As an example; can I fire a rifle off of a vehicle or ORV?

When checking with WDFW on rules, make sure to get the name of the individual who you talked to. If the answer to a question seems unreasonable, ask to talk to a supervisor. I was told that I could only have one shotgun in my duck blind, but the higher up the chain of command overrode that information.

[Bob33]

http://hunting-washington.com/smf/index.php/topic,131771.0.html

In particular view the first thread where the OP was incorrectly advised by WDFW's legal counsel about the use of a camera on a bow.

Later on in the thread there is a correction and apology.

No enforcement officer knows every single law. The best advice is to read the WACs and RCWs yourself. I use this site: http://search.leg.wa.gov/

Check "document" for Search Type, and select both RCW and WAC.

[Fl0und3rz]

FWIW, some of the information posted above is from WDFW.  I'd have to think that the WDFW would have had a legal review of information posted on its site.

That said, I don't entirely agree with the WDFW's interpretation (or at least some of the implications), but it was from a WDFW source, and it was useful to answer the OP's question.  But one would be a fool to not read the RCWs for his or her self and comprehend all the implications of the other referenced RCWs.

In the end, it is up to the individual to ensure that he or she is following the RCWs.  An office worker with no stake in your freedom is no more reliable than your own lying eyes.  So it is good to confirm an understanding with a group such as this, just as the OP did. 

Enjoy your time afield.

[bobcat]

Old Guy,

So you give us yet another example of how you were given the wrong information by a WDFW employee. 

Not trying to pick on the WDFW, but I like my odds better on here. If you talk to a WDFW employee, that's one person, who may or may not know the answer to the question.

If you post a question on here, there are hundreds of people here to answer that question. (Including several law enforcement officers and hunter education instructors who frequent this site.)

If someone posts some incorrect information, there will surely be someone else who will jump in and post the correct information.

Yep, I definitely think this forum is the better option.

[Oldguy]

I do agree that discussion can lead to good information but I still think that verification is important.

Does anyone have an answer to my question regarding shooting a rifle off of a vehicle; legal or not?

[Fl0und3rz]

I do agree that discussion can lead to good information but I still think that verification is important.

Does anyone have an answer to my question regarding shooting a rifle off of a vehicle; legal or not?

Search the forums here.  I believe there was a thread that covered it. Short answer, it depends, and it always has to be a non-moving vehicle.

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

(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.

[Bob33]

I do agree that discussion can lead to good information but I still think that verification is important.

Does anyone have an answer to my question regarding shooting a rifle off of a vehicle; legal or not?

I do. It is legal under certain circumstances: the vehicle must be stationary, the engine must be shut off, and the vehicle must not be on beside the maintained portion of a public roadway.

"(4) This section does not apply if the person:
  (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."

Note that the shooting in this instance must occur from "upon" the vehicle. Shooting from within the vehicle is still illegal.

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

This RCW was changed last year to allow this.