Shooting from Within your Vehicle Now Legal

[Bob33]

I'm gonna go with a no answer.

It is legal as long as you meet all the requirements of the RCW.

[bobcat]

Like I said, you pretty much have to be on private land.

[Bob33]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

[bobcat]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


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[Bob33]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


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Yes you might get cited for other violations but not necessarily for illegally discharging a firearm from a vehicle.

[sakoshooter]

So answer this one for me fellas: I'm driving down a public road in state owned land. I spy a legal deer during the appropriate season. How far off the road must I walk before I'm no longer "road hunting"? Across the open ditch? On the other side of the fence if there is one ( like CRP land)?

Road hunting by whose definition? You'd be legal to shoot from the road, as long as you weren't "negligent."

This is correct according to the Game Warden in the Conconully area who brought it to my attention over 10 yrs ago AND according to the Enforcement Division of the WDFW in Oly.
Now, with the change, it's legal to shoot from your vehicle as long as it's not done negligently.

[sakoshooter]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.

[JLS]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.

Here is the WAC language.  You can shoot from within a vehicle if you are disabled. 

(5) It is unlawful for a hunter with a disability to shoot from a motor vehicle, unless the vehicle is stopped, the motor is turned off and the vehicle is removed from the maintained portion of a public highway. If the roadway is not paved, and it is impossible for the hunter with a disability to completely remove the vehicle from the roadway, then the hunter may shoot from the vehicle if the vehicle is as far off the roadway as possible. A disabled hunter vehicle identification placard must be displayed.
(6) It is unlawful for any person to possess a loaded firearm in or on a motor vehicle, except if the person is a hunter with a disability and the vehicle is in compliance with subsection (5) of this section.

[idahohuntr]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.

Careful...as bt pointed out it is illegal on federal ground (i.e., FS roads).  Also, I have found that some counties do not allow any shooting from the road...whether it is safe or negligent...like Walla Walla county below:

"9.08.010 Shooting firearm from or near county road—Defined.permanent link to this piece of content

A person is guilty of the crime of shooting a firearm from or near a county road if that person shoots a firearm from, across or along the maintained portion of any county road"

[sakoshooter]

Like I said, you pretty much have to be on private land.

It can be done on public land as long as the RCW requirements are met.

I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.


Sent from my iPhone using Tapatalk

We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.

Careful...as bt pointed out it is illegal on federal ground (i.e., FS roads).  Also, I have found that some counties do not allow any shooting from the road...whether it is safe or negligent...like Walla Walla county below:

"9.08.010 Shooting firearm from or near county road—Defined.permanent link to this piece of content

I'm only going by what the WDFW says in their hunting regs. Not sure how a hunter would know anything about other laws that could apply when the hunting regulations is what most of us go by. If there are over lapping laws or competing laws, the average hunter wouldn't learn about them untill ticketed or arested. As for hunting, the WA State Hunting Regs should cover thoroughly what is and isn't legal. A hunter shouldn't have to spend a week at the court house with a lawyer trying to figure out who trumps who or what law trumps what law.

A person is guilty of the crime of shooting a firearm from or near a county road if that person shoots a firearm from, across or along the maintained portion of any county road"

[idahohuntr]

I completely agree with you Sako...a hunter should be able to read the hunting regs and all laws that apply to hunting should be included.  But we all know ignorance is no excuse...although given what the state regs say I wonder how many prosecutors are going to be all that pushy if a guy got a ticket shooting from a road and there was nothing negligent about it...any lawyers or hunters every fight something like this in court?

[sakoshooter]

Consider a group of folks that come here to hunt from out of state for example. They read the hunting regs, purchase licenses and head out.
In all my years of hunting here in WA, I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.

[bigtex]

I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.

I've mentioned it several times on this site. The following law applies to USFS roads:

36 CFR 261.10
The following are prohibited:
(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.

[Fester]

I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.

I've mentioned it several times on this site. The following law applies to USFS roads:

36 CFR 261.10
The following are prohibited:
(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.

36 CFR Part 261 Subpart A includes general prohibitions which remain in place at all times. The
following are prohibited under Occupancy and Use section of 26 1. I 0(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;
(3) Into or within any cave.

Roads should not be considered inherently occupied areas under 261.10(d)(1). If there are
concerns about public safety in areas along roads, units should work with the public and specific
user groups through education and open communication to address problem situations,
emphasize responsible use, and ultimately provide for public safety. If safety concerns related to
roads other than the prohibitions listed in 36 CFR 261.10(d)(2) remain after public involvement
and appropriate NEPA analysis, a Subpart B Forest Supervisor's order should be designated.

[Okano-gun]

[quote ]

36 CFR 261.10
The following are prohibited:
(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.
[/quote]

Item number 2 seems very subjective. I would interpret this as it is legal unless any person or property is exposed to injury or damage as a result in such discharge. If there are no people or property exposed to damage where you are shooting no law broken .