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Author Topic: "No projectile" areas in GMU 454?  (Read 8457 times)

Offline UrbanTrapper

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"No projectile" areas in GMU 454?
« on: November 06, 2014, 04:40:25 PM »
I keep hearing people talk about "no-projectile" areas in GMU 454 that would prohibit bow hunting.  I know about the Firearms Restricted Area described in the Big Game Hunting regs pamphlet but I find nothing prohibiting bow hunting there.  I look in City codes like Bellevue and Issaquah and I don't find them.  I called the Issaquah Police Department and was told, "My Sergeant told me to tell you there is no hunting of any kind in Issaquah" and that it is described in some State-level regulation. I find this hard to believe. Does anyone actually know anything about this?  I'd hate to learn something like this the hard way.

Offline Little Dave

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Re: "No projectile" areas in GMU 454?
« Reply #1 on: November 06, 2014, 04:45:36 PM »
The county parks have the no projectile rule.  For each city you are considering, see if you can find their online version of the municipal code and see what it has to say about hunting.  In some cities the restriction is only for city owned properties.

Offline Bob33

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Re: "No projectile" areas in GMU 454?
« Reply #2 on: November 06, 2014, 04:47:14 PM »
The city can legally restrict discharge of firearms but hunting is regulated by WDFW. King County has some "no shooting zones" which intersect with city property.
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Offline TONTO

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Re: "No projectile" areas in GMU 454?
« Reply #3 on: November 07, 2014, 08:16:55 PM »
The city can legally restrict discharge of firearms but hunting is regulated by WDFW. King County has some "no shooting zones" which intersect with city property.

 The city can ban hunting. For example, Kelso has a no firearm law, but nothing regulating hunting. A few years ago there was a disabled hunter who took a deer with a shotgun, out of his truck window, and in the city limits. Of course calls were made. WDFW said he broke no game law. He had a disabled tag allowing him to shoot from his vehicle. He used a legal weapon for the unit, 564 Battleground, a shotgun, during an open season and havested a legal deer. In this case a buck, but an any deer unit anyhow.
 Kelso cited the man for discarging a firearm within the city limits, but the WDFW let the man keep his deer since no game laws were broken.
  Now Longview, 504 Stella another firearm restricted area, right next door instead has an ordnance against hunting. Since the law adresses hunting a violation would be a game violation since you are hunting in an area , not open for hunting. So you would be cited by both LPD and WDFW, and I highly doubt you would be keeping the animal.

Offline Bob33

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Re: "No projectile" areas in GMU 454?
« Reply #4 on: November 07, 2014, 08:27:49 PM »
The city can legally restrict discharge of firearms but hunting is regulated by WDFW. King County has some "no shooting zones" which intersect with city property.

 The city can ban hunting. For example, Kelso has a no firearm law, but nothing regulating hunting. A few years ago there was a disabled hunter who took a deer with a shotgun, out of his truck window, and in the city limits. Of course calls were made. WDFW said he broke no game law. He had a disabled tag allowing him to shoot from his vehicle. He used a legal weapon for the unit, 564 Battleground, a shotgun, during an open season and havested a legal deer. In this case a buck, but an any deer unit anyhow.
 Kelso cited the man for discarging a firearm within the city limits, but the WDFW let the man keep his deer since no game laws were broken.
  Now Longview, 504 Stella another firearm restricted area, right next door instead has an ordnance against hunting. Since the law adresses hunting a violation would be a game violation since you are hunting in an area , not open for hunting. So you would be cited by both LPD and WDFW, and I highly doubt you would be keeping the animal.
WDFW should not charge you for a game violation.  It is their position that a municipality cannot regulate hunting; only WDFW can.
Nature. It's cheaper than therapy.

Offline bigtex

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Re: "No projectile" areas in GMU 454?
« Reply #5 on: November 07, 2014, 08:48:15 PM »
"Game violations" are those in RCW 77. Laws/ordinances counties and cities enact are not "game violations" and as a result they don't impact your license.

So for example your in XYZ County and shoot in a county no shooting area. Even if a WDFW Officer (they would need to be deputized to enforce county laws) charges you, it's not a "game violation."

Now if you violate a WDFW firearm restricted area then you are committing a "game violation" because you are violating RCW 77.

Offline TriggerMike

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Re: "No projectile" areas in GMU 454?
« Reply #6 on: November 08, 2014, 12:32:00 AM »


So for example your in XYZ County and shoot in a county no shooting area. Even if a WDFW Officer (they would need to be deputized to enforce county laws) charges you, it's not a "game violation."


BigTex,

So any LEO employed in the state of Washington can enforce any RCW anywhere in the state at any time, correct? Since all LEOs in WA go through the same academy and receive the same basic training and schooling/testing. But local municipality ordinances and laws can only be enforced by the officers employed by that municipality or county unless you're deputized? Not to thread jack, but I feel like it's a relevant question.

Offline bearhunter59

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Re: "No projectile" areas in GMU 454?
« Reply #7 on: November 08, 2014, 07:32:24 AM »
Actually...WDFW enforcement officers have the most authority of any LEO in the state.  They are authorized to enforce ANY law in the state...city, county, state, etc...  County cannot enforce game laws, but they will detain you until the WDFW gammie shows up and let him cite you.  State Patrol cannot enforce game laws.  So, gammies have the most authority in the state.  And it has been my experience, when you call a municipality and ask whomever answers the phone about hunting within the city limits, their response is always going to be that it's not legal; even though they really don't know for a fact whether it is or isn't.  If they tell you it isn't legal, then ask them what city law/code that states that.  Most, have no idea; they're just pulling it out of their ass.  Most have some kind of rule about discharging a firearm within city limits, but that doesn't cover bows.  And it was explained to me by a gammie that those "No Shooting" signs do not cover hunting.  They are meant to keep people from being out there target practicing and leaving their crap all over the place.
thats my  :twocents: on it...

Offline bigtex

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Re: "No projectile" areas in GMU 454?
« Reply #8 on: November 08, 2014, 07:39:14 AM »
So for example your in XYZ County and shoot in a county no shooting area. Even if a WDFW Officer (they would need to be deputized to enforce county laws) charges you, it's not a "game violation."
BigTex,

So any LEO employed in the state of Washington can enforce any RCW anywhere in the state at any time, correct? Since all LEOs in WA go through the same academy and receive the same basic training and schooling/testing. But local municipality ordinances and laws can only be enforced by the officers employed by that municipality or county unless you're deputized? Not to thread jack, but I feel like it's a relevant question.
Correct.

And to clarify this only refers to full/general authority agencies (cities, counties, colleges, ports) not limited authority agencies (DNR, Liquor Control, Parks). The Police Powers Act is the law that gives officers from say Seattle authority in Spokane but it's only state traffic and criminal laws. So realistically a Seattle officer in Spokane can't cite someone for drinking in public (not a criminal offense), but they could pull you over for speeding (traffic offense).

In some areas WDFW Officers are deputized by the city/county to enforce city/county laws and in others they are not.

Offline bigtex

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Re: "No projectile" areas in GMU 454?
« Reply #9 on: November 08, 2014, 07:41:27 AM »
Actually...WDFW enforcement officers have the most authority of any LEO in the state.  They are authorized to enforce ANY law in the state...city, county, state, etc...  County cannot enforce game laws, but they will detain you until the WDFW gammie shows up and let him cite you.  State Patrol cannot enforce game laws.  So, gammies have the most authority in the state.  And it has been my experience, when you call a municipality and ask whomever answers the phone about hunting within the city limits, their response is always going to be that it's not legal; even though they really don't know for a fact whether it is or isn't.  If they tell you it isn't legal, then ask them what city law/code that states that.  Most, have no idea; they're just pulling it out of their ass.  Most have some kind of rule about discharging a firearm within city limits, but that doesn't cover bows.  And it was explained to me by a gammie that those "No Shooting" signs do not cover hunting.  They are meant to keep people from being out there target practicing and leaving their crap all over the place.
thats my  :twocents: on it...
Majority of this is not true.

ANY law enforcement officer in the state can enforce fish and wildlife laws.

WDFW Officers can only enforce state laws, and some federal laws which they receive federal deputizations. In order to enforce city and county laws they MUST be deputized.

And in many areas yes "No Shooting" means no hunting. Some are written to allow legal hunting, many are not.
« Last Edit: November 08, 2014, 07:50:40 AM by bigtex »

Offline Bob33

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Re: "No projectile" areas in GMU 454?
« Reply #10 on: November 08, 2014, 07:48:21 AM »
The city of Sammamish in in GMU 454. City ordinances prohibit the discharge of firearms. There are several King County "No Shooting" zones within the city limits.

However, it is legally possible to hunt as long as the landowner gives permission and the discharge ordinance is not violated.

I once asked this question of WDFW's legal representative. Her reply follows:

RCW 9.41.300(2)(a) says,
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others.

No municipalities may prohibit hunting within city limits.  Only WDFW has the authority to regulate hunting.  However, as stated above, a municipality can restrict the discharge of firearms within city limits (or a portion thereof) if they can show there is a reasonable likelihood that the discharge of firearms in these areas will jeopardize the safety of humans, domestic animals, or property.

Sammamish does not have the legal authority to prohibit hunting on the undeveloped DNR land.  But they can prohibit the discharge of firearms there if they can make the showing required in RCW 9.41.300(2)(a).

I hope this answers your questions.   Let me know if you have other questions.
 
Lori Preuss, WSBA #33045
WDFW Criminal Justice Liaison &
Administrative Regulations Coordinator
Nature. It's cheaper than therapy.

Offline chukar hunter

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Re: "No projectile" areas in GMU 454?
« Reply #11 on: November 25, 2014, 03:38:43 PM »
Is there standard protocol for retrieving game if it happens to expire not within your property boundary?

Offline Bob33

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Re: "No projectile" areas in GMU 454?
« Reply #12 on: November 25, 2014, 03:42:05 PM »
Is there standard protocol for retrieving game if it happens to expire not within your property boundary?
If you have permission to access the land, retrieve the animal. If you don't have permission, don't trespass. Attempt to contact the landowner to ask permission.
Nature. It's cheaper than therapy.

 


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