Legal question

[kglacken]

Im heading out on a bow hunt for deer at the beginning of September. Ive seen bear sign in the area and would like to be able to reach out and touch one if I see one. SO here is my question.... Can I carry my rifle in the pickup with me? Obviously Im not going to carry it when im out hunting or hiking around looking for deer, but if we are moving to a new area, or out of the woods after the hunt, itd be nice to have incase we did see a bear a few hundred yards away. Is this illegal? I have heard yes and no. Curious what the other members here thought?
Also, how does this rule apply to having a shotgun in the pick up for grouse during bow season? We always see a ton of grouse during early season and itd be nice to use the shotgun instead of the bow. 

[vandeman17]

I don't see an issue with it and believe it is perfectly legal but will wait for someone else to chime in. I carry a shotgun in my truck while bow hunting.

[Jonathan_S]

How could it be illegal to have a firearm in the vehicle?  I see where you're coming from but I can't imagine that's a thing...of course my advice might as well be received from the cat but still.

Carrying it around in the woods would be a little different...more room for interpretation etc.

[Expedition Scout]

I do the same, carry a shotgun and rifle in the truck while bow hunting. Believe as long as you are not carrying a bow and firearm (rifle/shotgun) at the same time, you should be legal. I've taken many afternoons off from the stand to sit popular bear haunts.

If its illegal, I think you're in good company! 

[Man Tracker]

Legal.  Keep your bear tag handy.

[bobcat]

There's no law that says you can't carry your bow and a rifle at the same time. What if you were in fact only hunting for bears at the time, and wanted to have the option of shooting a bear with your bow if you could get close enough, but using the rifle if you couldn't?

Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.

[Bean Counter]

If you're talking about your Arizona hunt in unit 27, you can carry a handgun while bow hunting.

You can also use a 30 round magazine on a rifle hunt, if you want 

[RadSav]

There's no law that says you can't carry your bow and a rifle at the same time. What if you were in fact only hunting for bears at the time, and wanted to have the option of shooting a bear with your bow if you could get close enough, but using the rifle if you couldn't?

Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.

I believe you are required to leave the rifle in the truck during archery season if you are archery hunting deer or elk even with bear season open.  Guess you could say that you do not have a deer or elk tag, but you better not have the rifle in possession if you shoot a deer or elk!  Again, one of those poor written rules that lead to a lot of confusion.  Wish the state would clearly describe the rule and limitations.  Seems more and more you have to assume an awful lot to remain legal in this state.

Archery Regulations
1. Rules pertaining to all archery hunting
seasons:
a. New in 2015, mechanical broadheads
are legal to use for all archery hunting.
b.   It is unlawful for any person to carry or
have in his possession any firearm while in
the field archery hunting, during an archery
season specified for that area, except for
modern handguns carried for personal protection.
Modern handguns cannot be used
to hunt big game or dispatch wounded big
game during an archery, big game hunting
season.

Bear season is not considered an "Archery" season so as I was told my our local gamie it is ok when deer and elk is not open.  Or when you do not have a deer or elk tag in possession.  Meaning you are strictly bird or bear hunting.

I was even told it would not be advisable to shoot a grouse with my pistol during an archery only season.  Not exactly sure what that meant other than I probably shouldn't try it

[bobcat]

You're right, not sure what I was thinking. Maybe I was thinking of the often asked question on here of whether a person archery hunting for deer or elk could have a hunting partner who is carrying a rifle for bear.

[bowbuild]

I had a face to face with officer Cenci, and was told by him with several family witnesses that if you have a firearm (even in the truck) it would be a ticket........I said I would see him in court if he followed through.

Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.

[fireweed]

I had a face to face with officer Cenci, and was told by him with several family witnesses that if you have a firearm (even in the truck) it would be a ticket........I said I would see him in court if he followed through.

Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.

Don't believe anything anyone "tells" you--get it in writing.  And the writing on this needs definitions of "possession" and  "in the field"

[Bob33]

Having a rifle in your possession while archery hunting for deer or elk would violate WAC 232-12-054 which states "It is unlawful for any person to carry or have in his possession any firearm while archery hunting in the field during an archery season specified for that area, except for modern handguns carried for personal protection."

Having any firearm in your vehicle while bowhunting shouldn't result in a citation. I don't believe most reasonable people would interpret that as having it "in his possession while archery hunting in the field".

However, every officer and every judge is going to see each situation differently, based on several factors.

Personally, I would not have a problem keeping a rifle in my vehicle while archery hunting, nor using it to legally kill a bear once my archery equipment was put away.

[grundy53]

As long as it is in the truck you're fine. It is illegal to hunt from a motor vehicle so it would be pretty tough to prove you were in the act of hunting if it is unloaded and in your truck. They have to prove intent.

Sent from my E6782 using Tapatalk

[grundy53]

If you're talking about your Arizona hunt in unit 27, you can carry a handgun while bow hunting.

You can also use a 30 round magazine on a rifle hunt, if you want 

You can use a 30 round magazine on a rifle hunt here, too.

Sent from my E6782 using Tapatalk

[bobcat]

What if you're backpacking into the wilderness and want to hunt deer with your bow and bears with a rifle? Couldn't you carry both while on the trail hiking in to your camp site? You're not actually hunting at that point, simply transporting the rifle just as you would in a vehicle. If you happen to see a bear while hiking in, set the bow on the ground, now you're hunting bear. Or, you see a deer, lean the rifle against a tree and pursue the deer. You're now deer hunting and no longer in possession of a rifle.

[lokidog]

This is another example of the stupidity with which many of these laws are written and of how we are ALWAYS considered guilty until proven innocent.  It should not matter what weapons you have with you as long as only a legal weapon is used.  Unfortunately, many game officers probably can't tell the difference between a rifle killed deer and a bow shot one....   

Next we'll not be able to carry a knife with us since it is illegal to kill a deer with a knife, and heaven forbid your walking stick might have a little point on it, because now you are hunting with a spear.   

[Bob33]

What if you're backpacking into the wilderness and want to hunt deer with your bow and bears with a rifle? Couldn't you carry both while on the trail hiking in to your camp site? You're not actually hunting at that point, simply transporting the rifle just as you would in a vehicle. If you happen to see a bear while hiking in, set the bow on the ground, now you're hunting bear. Or, you see a deer, lean the rifle against a tree and pursue the deer. You're now deer hunting and no longer in possession of a rifle.

It's the "what ifs" that require officers to have discretion, and prevent the regulation booklet from being 2000 pages. What if you don't lean your bow against a tree first? What if you're just using your rifle scope to "check out" the deer?
...

However, every officer and every judge is going to see each situation differently, based on several factors.

[Man Tracker]

The WAC is a "rule", written by someone in DFW, without a law(other than time/place/and manner) to back it up.  The issue would be proving a person was "hunting" deer with a rifle during the archery only season.  Transporting a rifle (with a valid bear tag) is not per se illegal.  For clarity sake, one might keep the rifle unloaded and shells in a backpack until actually hunting bear.  Or carry a large caliber handgun and use it for bear as well as personal protection. 

[Stein]

The WAC is a "rule", written by someone in DFW, without a law(other than time/place/and manner) to back it up.  The issue would be proving a person was "hunting" deer with a rifle during the archery only season.  Transporting a rifle (with a valid bear tag) is not per se illegal.  For clarity sake, one might keep the rifle unloaded and shells in a backpack until actually hunting bear.  Or carry a large caliber handgun and use it for bear as well as personal protection.

WAC is Washington Administrative Code codifies regulations and is enforceable law.  All WAC codes references the statutory authority upon which it is based.

If you want to rifle bear hunt and archery deer hunt, you cannot legally have both weapons on your person during archery deer season.  Your only legal option would be to hunt deer during rifle season with a bow.

The reference for this instance is Revised Code of Washington (RCW) 77.04.055.  The legislature gives WDFW the authority to define what gear may be used to take wildlife.  In the WAC, they did this, thus it is enforceable law.



RCW 77.04.055
Commission — Duties.

(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

     (a) Review and prescribe basic goals and objectives related to those policies; and

     (b) Review the performance of the department in implementing fish and wildlife policies.

     The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

     (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.