Any Game Wardens use this website?

[MtnMuley]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

[Knocker of rocks]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

And again, if these hypotheticals were answered in the affirmative and in similar situations another officer cited different individuals for infractions, the cited hunters would have a defense even if the first officer was in error in stating that the actions were legal.

Again, all hypothetical

I think both of those require a legal opinion to answer, hence an identifiable officer giving an answer is giving legal advice without being member of the bar.

[MtnMuley]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

I think both of those require a legal opinion to answer, hence an identifiable officer giving an answer is giving legal advice without being member of the bar.

If I pull over the next Warden I see and ask him both exact questions, you're telling me he won't answer?  How is that any different?  I've never met a Warden (and I know most every one within 100 miles), that wouldn't answer either of those questions if they had the answer or knew.  What's the difference if I'm fishing with a friend and I've caught 4 trout in a lake where I know 5 is the limit and a Warden approaches me and I ask him if the limit is one more for me?  He's not going to answer because he's not a member of the bar?   Let's get real

[Knocker of rocks]

If I pull over the next Warden I see and ask him both exact questions, you're telling me he won't answer?  How is that any different?  I've never met a Warden (and I know most every one within 100 miles), that wouldn't answer either of those questions if they had the answer or knew.  What's the difference if I'm fishing with a friend and I've caught 4 trout in a lake where I know 5 is the limit and a Warden approaches me and I ask him if the limit is one more for me?  He's not going to answer because he's not a member of the bar?   Let's get real

Let’s get real real here.

You should know that there is a difference between a verbal statement and the preserved written word entombed forever on the www.

[Stein]

If a warden were to give an answer here, it would be recorded for all of time.  Then, someone will do something slightly different or the situation will be different or the warden will be different or you misunderstood the answer or they misunderstood the question, or they happened to be wrong and everyone would expect they can use this in court. 

It's very straight forward, you won't get much posted on the internet from law enforcement.  The questions you posted aren't how many fish are in a limit, they require interpretation of the law since it isn't clearly called out in the RCW or regulations whether a bullet traveling over private property is trespassing.

If you want an answer, every warden in the state has their phone and e-mail published and you can call or e-mail and and ask directly.

[Special T]

If I pull over the next Warden I see and ask him both exact questions, you're telling me he won't answer?  How is that any different?  I've never met a Warden (and I know most every one within 100 miles), that wouldn't answer either of those questions if they had the answer or knew.  What's the difference if I'm fishing with a friend and I've caught 4 trout in a lake where I know 5 is the limit and a Warden approaches me and I ask him if the limit is one more for me?  He's not going to answer because he's not a member of the bar?   Let's get real

Let’s get real real here.

You should know that there is a difference between a verbal statement and the preserved written word entombed forever on the www.

  which is why the the only leo that speaks on these issues is careful how he types things, remains anonymous, and cites RCWs and speaks of personal or others experience... Usually with a caveat!

[Knocker of rocks]

If I pull over the next Warden I see and ask him both exact questions, you're telling me he won't answer?  How is that any different?  I've never met a Warden (and I know most every one within 100 miles), that wouldn't answer either of those questions if they had the answer or knew.  What's the difference if I'm fishing with a friend and I've caught 4 trout in a lake where I know 5 is the limit and a Warden approaches me and I ask him if the limit is one more for me?  He's not going to answer because he's not a member of the bar?   Let's get real

Let’s get real real here.

You should know that there is a difference between a verbal statement and the preserved written word entombed forever on the www.

  which is why the the only leo that speaks on these issues is careful how he types things, remains anonymous, and cites RCWs and speaks of personal or others experience... Usually with a caveat!

And he keeps it real

[bobcat]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

Answer to the questions:

1)  Not legal

2) Legal

[Knocker of rocks]

And the only LEO here has steadfastly refused to confirm for whom he works.

[Special T]

And the only LEO here has steadfastly refused to confirm for whom he works.

Anyone whom read what happened to WDFWinsider on here would be very careful what they posted on here IF they did so at all!

[Bob33]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

I'm an advocate of looking up the answers myself in the WACs and RCWs. No offense intended but not every enforcement officer will know every regulations or even interpret them correctly.

Question 1: it depends. Read RCW 77.15.460. Did you negligently discharge the firearm? Not every instance of shooting from a road is illegal.

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

(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;

Question 2 is not addressed in any specific regulation. A case could be made that your bullet trespassed on private property but I've never heard of that charge being made. It's somewhat akin to the legal debate over corner crossing.

[chester]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

I'm an advocate of looking up the answers myself in the WACs and RCWs. No offense intended but not every enforcement officer will know every regulations or even interpret them correctly.

Question 1: it depends. Read RCW 77.15.460. Did you negligently discharge the firearm? Not every instance of shooting from a road is illegal.

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

(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;

Question 2 is not addressed in any specific regulation. A case could be made that your bullet trespassed on private property but I've never heard of that charge being made. It's somewhat akin to the legal debate over corner crossing.

I believe the feds take jurisdiction and they have different wording then the state on USFS lands.

[Bob33]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

I'm an advocate of looking up the answers myself in the WACs and RCWs. No offense intended but not every enforcement officer will know every regulations or even interpret them correctly.

Question 1: it depends. Read RCW 77.15.460. Did you negligently discharge the firearm? Not every instance of shooting from a road is illegal.

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

(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;

Question 2 is not addressed in any specific regulation. A case could be made that your bullet trespassed on private property but I've never heard of that charge being made. It's somewhat akin to the legal debate over corner crossing.

I believe the feds take jurisdiction and they have different wording then the state on USFS lands.

That could be. USFS regulations would take precedence.

[jagermiester]

I think I hate this site 

[bigtex]

Since when did I say he should be on here giving legal opinions without being a member of the bar?  There's legit questions asked by many of members on here weekly.  How doe's having a Warden on here to answer questions even possibly sound like a bad idea?

Give a hypothetical question or two

Hypothetical:

1) I'm driving down a dirt USFS road grouse hunting.  A blue grouse runs off the side of the road.  I park my rig, get out, load my shotgun with a single shell, walk down the road and shoot the grouse as it attempts to fly away.  Is this legal?

2) I'm hunting whitetail in the NE during the late general season.  I'm using my OnX maps very extensively because I'm in a serious state/private checkerboarded area.  I find a 175" giant whitey standing on the edge of the timber on public land.  Problem is, I won't have time to walk the 20 minutes around to attempt to harvest him.  I'm standing on state ground with a small strip of private field in between me and the buck.  Can I legally shoot from where I'm standing.  Obviously the neighboring property and house of local guide Dale Denney is going to hear the shot and be well aware that I've just harvest a local legend.  All eyes will be on me...…....Legal?

Again, all hypothetical

I'm an advocate of looking up the answers myself in the WACs and RCWs. No offense intended but not every enforcement officer will know every regulations or even interpret them correctly.

Question 1: it depends. Read RCW 77.15.460. Did you negligently discharge the firearm? Not every instance of shooting from a road is illegal.

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

(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;

Question 2 is not addressed in any specific regulation. A case could be made that your bullet trespassed on private property but I've never heard of that charge being made. It's somewhat akin to the legal debate over corner crossing.

I believe the feds take jurisdiction and they have different wording then the state on USFS lands.

36 CFR 261.10(d)(2):
The following are prohibited:

(d)Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:
(2)Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.

This regulation applies to any USFS road, even USFS roads which are not on National Forests. Confused yet? 

The USFS actually has roads on state/private property. Typically this is a result of land transactions where at one time the USFS owned the surrounding lands which where then traded/sold, however the road itself was never traded/sold. So a private/state entity owns the land surrounding the USFS road. Another example would be 100 years ago the USFS put in the road to access their land 20 miles up in the hills and the land surrounding it is private. A good example of this is the White River Tree Farm near Enumclaw where the "main line" north of 410 at Grass Mountain is actually USFS Road 7110 which no longer touches USFS land.