Legal rifle carry on side by side or ATV?

[Redneck Russell]

Can a removable magazine be in the gun but no round in the chamber on a ATV or SXS?
Just trying to stay legal

[MADMAX]

I think , no

[WA hunter14]

no

[rtspring]

No in any motor vehicle

[grundy53]

Not here in Washington.

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[birddogdad]

Not here in Washington.

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less you qualify for the disabled shoot from vehicle authorization.

[Redneck Russell]

Not here in Washington.

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less you qualify for the disabled shoot from vehicle authorization.

My wife is disabled. How could she get a "disabled shoot from vehicle authorization"?

[emac]

To clarify on the disabled part. The gun can still not be loaded while you are moving, including the magazine. Once you are stopped and the engine/motor is turned off then you can load the gun and shoot from the vehicle

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[Bob33]

A removable magazine can be in the firearm, but not with ammunition in it if the firearm is in a motor vehicle which includes ATVs.

[Redneck Russell]

To clarify on the disabled part. The gun can still not be loaded while you are moving, including the magazine. Once you are stopped and the engine/motor is turned off then you can load the gun and shoot from the vehicle

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I just got off the phone with the Fish and Game people and they said a removable magazine that's loaded, but not in the rifle is legal.

Thanks for the help guys. 

[Bob33]

Here's the WAC:

http://app.leg.wa.gov/RCW/default.aspx?cite=77.15.460



RCW 77.15.460



Loaded rifle or shotgun in vehicle—Unlawful use or possession—Unlawful use of a loaded firearm—Penalty.


(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, as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480, unless the person has a department permit issued under RCW 77.32.237.

(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.

[Redneck Russell]

(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.

A magazine is also a tubular magazine which is not detachable.

[Redneck Russell]

(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.

She would be good to go then with a loaded magazine/clip as long as it wasn't in the rifle.
She can legally load the rifle as long as the vehicle is not running.

[Bob33]

(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.

She would be good to go then with a loaded magazine/clip as long as it wasn't in the rifle.

That's correct.

[Redneck Russell]

(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.

She would be good to go then with a loaded magazine/clip as long as it wasn't in the rifle.

That's correct.

Thanks Bob 

[winshooter88]

She can legally load and shoot from the vehicle if it isn't moving or running only if she has a disabled hunter permit from the WDFW, other wise she can't.

Go t the WDFW website and look up disabled hunter permit application form which part of has to be filled out and signed by a doctor, they have been tightening up the definitions of a disabled hunter for the last couple of years because there was a lot of abuse of the designation by some people.

[Bob33]

She can legally load and shoot from the vehicle if it isn't moving or running only if she has a disabled hunter permit from the WDFW, other wise she can't.

Go t the WDFW website and look up disabled hunter permit application form which part of has to be filled out and signed by a doctor, they have been tightening up the definitions of a disabled hunter for the last couple of years because there was a lot of abuse of the designation by some people.

Doesn't have to be disabled if these conditions are met:

(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle, as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480, unless the person has a department permit issued under RCW 77.32.237.

[winshooter88]

Let me clarify, if she has the disabled permit from WDFW she can shoot even from inside the vehicle as long as it is not moving and is as far off the road as possible, but can still not shoot along or across any maintained roadway in any case.

[JDHasty]

Let me clarify, if she has the disabled permit from WDFW she can shoot even from inside the vehicle as long as it is not moving and is as far off the road as possible, but can still not shoot along or across any maintained roadway in any case.

They recently changed that language to shoot negligently from, along or across any maintained roadway.  I have tried to get clarification on that distinction, but other things distracted me from following up w/WDFW & State Patrol. 

[rileyb]

got a ticket 5 years ago on my 4 wheeler for $287 for having bullets in the detachable magazine not in the chamber the gun was on safety  game warden explained(yelled) a gun is considered loaded  ON OR WITH IN any vehicle  I asked him why he gets to carry his loaded gun in a vehicle he told me he's exempt ,also asked him why he just made the guy in front of me dump  his beer out and let his kid (who was no where near 16 years old ) drive him to where ever his deer camp was. probably explained why I got the $287 ticket. the answer is you cant

[emac]

got a ticket 5 years ago on my 4 wheeler for $287 for having bullets in the detachable magazine not in the chamber the gun was on safety  game warden explained(yelled) a gun is considered loaded  ON OR WITH IN any vehicle  I asked him why he gets to carry his loaded gun in a vehicle he told me he's exempt ,also asked him why he just made the guy in front of me dump  his beer out and let his kid (who was no where near 16 years old ) drive him to where ever his deer camp was. probably explained why I got the $287 ticket. the answer is you cant

Bullets in a magazine in a gun is considered loaded doesn't have to be one in the chamber. If he stopped the guy in front of you that had been drinking that should of giving you plenty of opportunity to dump the mag outta of your gun

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[Redneck Russell]

On a good note the forum is back up.