2015 WDFW Proposed Legislation: Hunting Under the Influence

[bigtex]

I hardly ever drink, but I am now firmly opposed to this legislation.  The scenarios others have described point out some of the issues...a guy has a beer in hunting camp...could a LEO claim you were technically hunting if its still daylight and a gun is nearby?  Probably, if he wants to be a jerk. A couple guys pheasant hunting have a mid-afternoon break with a beer, resume hunting after lunch...now they all lose their license for 2 years if a LEO wants to be a jackwagon?  No thanks.   I would actually be terrified to even have alcohol in a hunting camp if this law passes.

This is defnitely one of those laws that affects the honest guy way more than it will anybody that actually poses a public safety problem.

The definition I provided for hunting is for ALL state laws not just the proposed changes to the hunting under the influence laws.

Your scenario of being at camp having a beer with the gun nearby is crazy. With that scenario then everybody sitting in camp all across the state during rifle season without orange on would be getting cited for no hunter orange. And I am sitting here right now saying that has never happened.

There is not an officer in this state that would say a bunch of guys sitting in hunting camp are actively hunting.

I disagree bigtex...we've got plenty of examples from uc just how clueless and out of touch many natural resource LE's are...if a guy is willing to cite a mentally handicapped kid for no fishing license I guarantee you there are a 1000 more officers in this state who would be happy to harass and maybe even cite hunters in/near camp with a beer during hunting season.

Bigtex, can you provide some supporting incidents in WA where someone was injured or harmed by an intoxicated hunter?  I'm sure it has happened before, so maybe I'm just an anomaly having not really seen/heard of any injuries that were directly related to drinking/drugs and hunting. 

Well if you want to "go by the law" then it is illegal to drink "in public" on DNR and WDFW lands. WA's drinking in public law only creates an exemption for State Parks. I even created a thread about this last year (http://hunting-washington.com/smf/index.php/topic,141382.0.html) . I know of, and have never heard of anybody being cited for drinking in public on DNR/WDFW lands. But technically, everyone enjoying a cold one in public view on DNR/WDFW lands is violating the law. Now if an officer really wanted to piss people off and rack up a lot of citations all they would have to do is drive through hunting camps and cite everyone with an adult beverage.

But to your point, I can't remember the last time a hunter in WA was involved in an incident and they were drunk. 2 or 3 years ago a USFS LEO in Georgia was killed by a drunk coyote hunter. Now that being said, should we essentially legalize hunting while intoxicated because nobody has been hurt recently? Obviously these cases are tried to be made because otherwise officers wouldn't know that prosecutors won't accept them without some type of test.

[bigtex]

not to support the other end of those that said they think this is good, but ya there was an incident here in 2011 or 2012 or so where two guys were camping and drinking a fight broke out and the other shot his friend. he did drive to town though and admit his offence and is now in Prison, or has been giving a leniount sentence.

He wasn't charged under this offense.

[Curly]

hunting while drunk is already illegal.  All this law would do is make breathalyzers mandatory and make the penalties stiffer. 

Officers currently could bust people with the law for most of the examples people are worrying about.  Maybe the penalties being so stiff is worrying some guys?

[bigtex]

hunting while drunk is already illegal.  All this law would do is make breathalyzers mandatory and make the penalties stiffer. 

Officers currently could bust people with the law for most of the examples people are worrying about.  Maybe the penalties being so stiff is worrying some guys?

Officers can already arrest you for hunting under the influence. They just can't make you submit to tests. All this legislation would do is 1- require tests 2- provide for a penalty for those that refuse a test 3- hunting license suspension upon conviction 4- create a felony offense for repeat offenders.

[DIYARCHERYJUNKIE]

There is no need.  It's crossing the line and giving them too much and taking away from us.  If I where innocent, these added measures to curtail this small groups actions, would make it a lot harder to defend my case.

  So here's an example.  I get drunk and hunt and get caught.  Let's say I'm a younger guy when that happens then I get older wiser and quit drinking.  I get sick one day before season and get some cough syrup and go hunt.  Get pulled by wdfw John brown and I have my second offense felony conviction and I'll never touch a firearm again.

This seems like a petty offense to be handing out felony convictions.  Quit giving them more and more reasons to take your right to bear arms.  The felons who don't need guns are more than likely not in hunting camp.  I don't see this petty offense as a justified reason to give one a felony conviction.  Maybe 3rd or fourth offense.  When does the oversight just become ridiculous, overbearing and suspect.

[Special T]

Thanks tex!  The bill won't pass.  As others have said there's no serious need for it.  Like there is for boating under the influence.  Much higher rate of DUI and bui then drunks hunting. 

And btw in wa, conceal carry  isn't legal if your drunk or high.  Not sure of penalties but they can't take the firearm.

Please state the RCW.  Big tex has stated, an i have heard from a Leo that TRIED to find one, there is no law prohibiting it.

[pianoman9701]

Thanks tex!  The bill won't pass.  As others have said there's no serious need for it.  Like there is for boating under the influence.  Much higher rate of DUI and bui then drunks hunting. 

And btw in wa, conceal carry  isn't legal if your drunk or high.  Not sure of penalties but they can't take the firearm.

Not sure this is correct, but it sure is good advice. If that OIL perp tag comes along and you've had anything to drink or smoke, you're at the very least going to have a lot of legal bills. At worst, prison time. It's just like driving. You don't have to be at fault to be convicted of vehicular homicide. You just have to be drunk.

[DIYARCHERYJUNKIE]

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.098

Section 1- subsection e.

[pianoman9701]

"(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;"

They have to be both in a place requiring a CPL and be intoxicated.

[DIYARCHERYJUNKIE]

If I step out my front door i would need the permit to conceal a pistol.  Any where in public.

[Curly]

If I step out my front door i would need the permit to conceal a pistol.  Any where in public.

Not if you are on your way to recreating in the outdoors.

[DIYARCHERYJUNKIE]

Yes even on your way to hunt.  Concealed is concealed.  Even in my vehicle.  To have it loaded and concealed and be intoxicated.

[Curly]

Concealed is legal without a cpl if you are traveling to or from outdoor recreation.

[pianoman9701]

Yes even on your way to hunt.  Concealed is concealed.  Even in my vehicle.  To have it loaded and concealed and be intoxicated.

Again, it says "where a concealed license is required". The CPL isn't required on the way to or from an outdoor activity or shooting range.

[Special T]

The way i read that is that you FIREARM my be forfitted but says nothing about it being illegal to carry. I could be wrong but as i understand it you would have to be cited for something else THEN have your pistol forfitted.

This would not  apply to your place of work or home. I wounder if it applies to a friend or family members  place...

Since it WILL cost you big $ if you shoot some one, even justly, It would be a REALLY bad idea to shoot some one while drinking. It would just compound the problems.