Shooting off a road question

[leonpeon2]

Was out hunting a lot today and on our way back we see a few deer Along a county road. I had thought to shoot anything you needed to be five feet off the road. My hunting partner thought it was 100 ft of the road.
Either way we didn't know so we passed on them.

I know you can't shoot across a road   
But what is the law about being on a road and shooting off of it.

Also is there a difference from a logging road and a county rod?  Or are they both just concidered a road and same law is in effect.

[Blacktail Sniper]

http://wdfw.wa.gov/help/questions/70/What+are+the+rules+about+shooting+from+a+road%3F

[benhuntin]

No defined distance.


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[benhuntin]

I was told the key word is "negligently"


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[bobcat]

It's actually not illegal to shoot from a road. It's only illegal if done "negligently." There's definitely no specific distance from the road that you need to be. As to what would be considered negligent, I don't know. I'm not sure I'd ever shoot from a paved county road. But technically, it's not illegal. Of course that's assuming you're on public land, or private land that's open to the general public.

[bobcat]

One more point, it's actually illegal under federal law to shoot from a National Forest road. So it doesn't matter what the state law says, the federal law is what matters if you're on federal land.

[leonpeon2]

Dang.  You guys are quick. Thank you for the info.
I should have shot the deer and had me some for dinner tonight.


Thank you for the quick response.

[Blacktail Sniper]

It is what we live for....

Good luck, looking forward to some success pictures and a story!!

[Smoke]

yes... the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow... (I know it doesn't make sence to me too)...  still illegal to shoot from a vehicle.. have heard that even tho your out of the truck.. if you use the hood, bed or door for a rest, it's a ticket..

[buckcanyonlodge]

 the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow.     The law has been the same for at least 6 years that I know of. We were checked at a game dept. check station and three wardens told us then that you could shoot from a county road as long as it was not negligent. You can NOT shoot from a county road with a bow. Can someone show me where it says you can't shoot from a county road with a muzzy? Thank you..

[Bango skank]

 the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow.     The law has been the same for at least 6 years that I know of. We were checked at a game dept. check station and three wardens told us then that you could shoot from a county road as long as it was not negligent. You can NOT shoot from a county road with a bow. Can someone show me where it says you can't shoot from a county road with a muzzy? Thank you..

How about shooting mule deer from sr25? Heard a couple winners were trying to pull that off this year.   

[Blacktail Sniper]

yes... the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow... (I know it doesn't make sence to me too)...  still illegal to shoot from a vehicle.. have heard that even tho your out of the truck.. if you use the hood, bed or door for a rest, it's a ticket..

Looks like that may have changed:

http://wdfw.wa.gov/help/questions/109/Is+it+legal+to+use+the+hood+of+my+vehicle+as+a+rest+while+sighting-in+my+rifle+or+aiming+at+an+animal%3F

[JDHasty]

The word negligent was added recently.  I actually had a conversation with an enforcement guy regarding that change when it was illegal period to shoot from, along or across any roadway.

I would climb up into a talus slope that had a maintained road below it and could see approaching vehicles or people or livestock for a half mile in every direction except behind me.  I shot up and down the slope, but never across the road into the alfalfa there. 

He said that there was an effort to change the wording in such a way that it would be legal for me to shoot across a road such as that one, that only has one vehicle on it every 15 minutes or so.  Especially when it is a situation like that. 

I said it would be nice, but it wasn't a big deal to me either way.  I always try to avoid any confrontation when I am chuck shooting and shooting across the road from my friend's property to his alfalfa just doesn't impress me with being consistent with not giving anyone any reason to complain. 

[bobcat]

The word "negligent" has always been part of the law regarding shooting from a public road. They only recently added that word to the summary of the law that's printed in the hunting regulations.

As for using a vehicle as a rest while shooting, that law was recently changed so that it is legal, but only if you're on a private road or if you're on public land then your vehicle has to be off of the road.

[bobcat]

How about shooting mule deer from sr25? Heard a couple winners were trying to pull that off this year.   

A state highway is no different than a county road when it comes to the law that applies to shooting from roads. They're both public roads and the law doesn't make any distinction between whether it's county or state.

[JDHasty]

The word "negligent" has always been part of the law regarding shooting from a public road. They only recently added that word to the summary of the law that's printed in the hunting regulations.

As for using a vehicle as a rest while shooting, that law was recently changed so that it is legal, but only if you're on a private road or if you're on public land then your vehicle has to be off of the road.

I'll take your word for it. 

As I pointed out, when I am hunting, particularly when shooting rock chucks, I don't need anything complicating the access I enjoy.  There are some people who do not understand this concept and see it as their God given destiny to see what they can do to invite confrontation and then they want to pat themselves on the back and tell themselves how smart they are..... while being asked to leave and don't come back.

I have seen these self proctologists go on and on about how they schooled some neighbor and bla, bla, bla and yada, yada, yada and Jimmy cracked corn and I don't care how damn smart they think they are, they will never be hunting or shooting with me ever again if I find out about it.   

[Bob33]

The word "negligent" has always been part of the law regarding shooting from a public road. They only recently added that word to the summary of the law that's printed in the hunting regulations.

As for using a vehicle as a rest while shooting, that law was recently changed so that it is legal, but only if you're on a private road or if you're on public land then your vehicle has to be off of the road.

Here's the law:

https://app.leg.wa.gov/rcw/default.aspx?cite=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.

The word "negligently" has always been part of the RCW, at least as far back as 1999; the applicable portion of the 1999 RCW is quoted here:

(2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

[buckcanyonlodge]

 the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow.     The law has been the same for at least 6 years that I know of. We were checked at a game dept. check station and three wardens told us then that you could shoot from a county road as long as it was not negligent. You can NOT shoot from a county road with a bow. Can someone show me where it says you can't shoot from a county road with a muzzy? Thank you..

How about shooting mule deer from sr25? Heard a couple winners were trying to pull that off this year.   

Probably legal but the deer shoot back down here on sr25.   And one guy was found in the ditch along the road with what looked like hoof prints on what was left of his face and his rifle barrel protruding from his ying yang.

[Bob33]

 the law was changed this year, for rifles... it's still illegal to shoot from the road with a muzzy or bow.     The law has been the same for at least 6 years that I know of. We were checked at a game dept. check station and three wardens told us then that you could shoot from a county road as long as it was not negligent. You can NOT shoot from a county road with a bow. Can someone show me where it says you can't shoot from a county road with a muzzy? Thank you..

To the best of my knowledge there is nothing explicitly prohibiting the discharge of a muzzleloader from, across, or along a public roadway. However, muzzleloaders are considered firearms in Washington and thus the RCW pertaining to firearms includes muzzleloaders.

This is the archery WAC:

WAC 232-12-054

Archery requirements.

(1) The following provisions apply to all archery hunting seasons:
(a) 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. Modern handguns cannot be used to hunt big game or dispatch wounded big game during an archery big game hunting season.
(b) It is unlawful to have any electrical equipment or electric device(s), except for illuminated nocks, attached to the bow or arrow while hunting.
(c) It is unlawful to discharge a bow from a vehicle or from, across, or along the maintained portion of a public highway.
(d) It is unlawful to use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw or in a firing position.
(e) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead, or with a broadhead blade or blades that are less than seven-eighths of an inch wide.
(f) It is unlawful to hunt wildlife with any bow equipped with a scope.
(2) The following provisions apply to long bow, recurve bow and compound bow archery equipment:
(a) It is unlawful for any person to hunt big game animals with a bow that does not produce a minimum of 40 pounds of pull measured at twenty-eight inches or at full draw.
(b) It is unlawful to hunt big game animals with any arrow measuring less than 20 inches in length or weighing less than 6 grains per pound of draw weight with a minimum arrow weight of 300 grains.
(3) A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted

[spin05]

so one thing i see is it says public highway.  Sounds like a main road to me.

[Elk329]

Taken from game laws "Definitions"
(Public Highway: Any road, regardless of surface, maintained by public funds.)
The way I have had it explained to me is any road that has been maintained with Taxpayers funds (City,County,State or Federal). That could include just about every road that you can drive on.
As far as Maintained this would include Drainage,Clearing,Culverts,Mowed areas along the road. Some roads you would be legal if you step over the ditch line other would be out a lot further depending on road maintenance.

[JDHasty]

Taken from game laws "Definitions"
(Public Highway: Any road, regardless of surface, maintained by public funds.)
The way I have had it explained to me is any road that has been maintained with Taxpayers funds (City,County,State or Federal). That could include just about every road that you can drive on.
As far as Maintained this would include Drainage,Clearing,Culverts,Mowed areas along the road. Some roads you would be legal if you step over the ditch line other would be out a lot further depending on road maintenance.

Absolutely correct.

The BIG thing here is this is another just because it's legal it may not be a good idea.   If you take a look at my post above it pretty much tells you where I am going to shoot along, across of from a public roadway and that would be where there is little or no chance that ANYONE is going to have any problem what so ever with with me doing so.   I am blessed with having way more access to privately owned property than many other sportsmen and I just don't want anything to come between me and that privilege.  Landowners have to live with their neighbors 365 days/year and the last thing I want is for any of my actions to give some jerk of a neighbor any legitimate reason to have a problem with my being allowed hunting access and by legitimate reason it means doing things that, even though legal, may not be a good idea.   

[cryder]

After u make yourself no hunter at all , now you just have to make up your hunting story of how you hiked for ever got lost and got your critter on the way back to the ranger station to be rescued after being trapped in the woods for 3 days and had to drag your trophy for miles before the choppah arrived to save u just in time cuz your cajun twinkies ran out the day before.

[cryder]

I was up north moveing my popscicle stand and i was ,,,well lets just say very intertained by the traffic or as some say road hunters were out of controll . Zoom zoom !!! Im starting to understand the bike lane a little better after this hillariouse topic !  If your carrying a missle launcher with a parascope why are u on a road your sposed to be somewhere surrounded by hills n stuff so you dont blow down the farmers barns or houses or MEEEE !!  But i geuss you need some where level to set up your tripod launching pad... meaning the hood of the biggest deasle pig on the lot cuz your that cool . See a bunch of grazers hit the blinker take the bikers lane set the tripod on the hood bust out the missle siloe set it on the lock down put on your ear protection cuz your very fragile ears cant  take lift off well dile in the hubble periscope giggle a little bit take a shot of goof juice wake up the guy in the passenger seat and brag Hey watch this !! . Once the smoke clears you unload the 4 wheeler drive over the fence line gut bambie and add together what was previousely boarded up on here and head home a proud ,,,,, well this is where i get lost so you turn around and look at yourself and figure it out cuz i cant.

[Miles]

Cryder, I couldn't have explained it any clearer myself.   Thank you for being the voice of huntwa.

[MADMAX]

 


huh ?

[bigtex]

One more point, it's actually illegal under federal law to shoot from a National Forest road. So it doesn't matter what the state law says, the federal law is what matters if you're on federal land.

People need to remember that each land management agency has their own regs. What may be legal under state law may be illegal under federal regs.

Additionally, there are some USFS roads subject to this regulation but aren't actually on USFS lands. It all comes down to land deals through the years where USFS may have sold/traded land away but not actual jurisdiction of roads. I know of several private timberland farms where the "main-line" is actually a USFS road....

[JDHasty]

I was up north moveing my popscicle stand and i was ,,,well lets just say very intertained by the traffic or as some say road hunters were out of controll . Zoom zoom !!! Im starting to understand the bike lane a little better after this hillariouse topic !  If your carrying a missle launcher with a parascope why are u on a road your sposed to be somewhere surrounded by hills n stuff so you dont blow down the farmers barns or houses or MEEEE !!  But i geuss you need some where level to set up your tripod launching pad... meaning the hood of the biggest deasle pig on the lot cuz your that cool . See a bunch of grazers hit the blinker take the bikers lane set the tripod on the hood bust out the missle siloe set it on the lock down put on your ear protection cuz your very fragile ears cant  take lift off well dile in the hubble periscope giggle a little bit take a shot of goof juice wake up the guy in the passenger seat and brag Hey watch this !! . Once the smoke clears you unload the 4 wheeler drive over the fence line gut bambie and add together what was previousely boarded up on here and head home a proud ,,,,, well this is where i get lost so you turn around and look at yourself and figure it out cuz i cant.

[pianoman9701]

Anyone know what the federal law is for ADA shooting from a vehicle?

[JimmyHoffa]

One more point, it's actually illegal under federal law to shoot from a National Forest road. So it doesn't matter what the state law says, the federal law is what matters if you're on federal land.

Yeah, the feds step it up a notch.  Even if you are off a road, you need to be a certain distance away from any major trailheads.  Also, not supposed to shoot across water.

[Boss .300 winmag]

Anyone know what the federal law is for ADA shooting from a vehicle?

I think it's a state issue, being its a state hunting thing.

Maybe @bigtex can chime in.

[pianoman9701]

Anyone know what the federal law is for ADA shooting from a vehicle?

I think it's a state issue, being its a state hunting thing.

Maybe @bigtex can chime in.

Not on Federal land, it's not. Just wondering if federal law is the same as the state laws - can shoot from the vehicle when it's not moving or running, and parked off the maintained portion of the road.