Legal distance from a road?

[Whitenuckles]

 I've never run into this before, but my buddy got popped on my property for being to close to a road when hunting. Just wondering if any of you guys know what the legal distance is? I can't find it in the regs.

[Hilltop123]

 

[Bob33]

There is no legally defined distance in Washington.

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.

[huntnfmly]

There is no legally defined distance in Washington.

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.

What he said
The key word is negligently

[bobcat]

Could be a county law.

[10thmountainarcher]

I've never run into this before, but my buddy got popped on my property for being to close to a road when hunting. Just wondering if any of you guys know what the legal distance is? I can't find it in the regs.

What did he get cited for? I’m assuming he received a criminal citation and didn’t get taken to jail. Either way what was the crime listed?

[Whitenuckles]

He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!

[10thmountainarcher]

He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!

Yea bob33 cited the RCW, from what you described it sounds like he did nothing wrong.

[Oldguy]

He was in the right . Can shoot from the center of a road if you aren't being negligible. However, bow hunters don't have this right if you read the RCW.

[Jingles]

The key words are "maintained portion of the road" which to some could mean the shoulder or to others the entire right of way. As a gammie told me once don't read ito it something that isn't there.
If the grass beside the shoulder isn't mowed it isn't maintained

[builtfordtough]

I always thought it was 100 feet off of any maintained county road. 

[Jingles]

I always thought it was 100 feet off of any maintained county road.

100 feet is well beyond the right of way which is normally 60 feet from centerline on paved roads less for gravel

[Oh Mah]

I remember clearly at hunters ed being ok shooting from the ditch as long as it wasnt across or down the roadway.and also hunters use the hunting regs for these rules.

[ThurstonCokid]

I remember clearly at hunters ed being ok shooting from the ditch as long as it wasnt across or down the roadway.and also hunters use the hunting regs for these rules.

This is what I was told in hunters Ed as well. They said get off the road and into ditch. The guy said “about 4 feet”


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[10thmountainarcher]

That law changed to what was cited by Bob33 earlier. It used to talk about shooting from the maintained portion of a roadway. Now the shot has to be negligent. Forest service roads I believe are not under the same rule because they are federal.

[bigtex]

Forest service roads I believe are not under the same rule because they are federal.

[Oh Mah]

Forest service roads I believe are not under the same rule because they are federal.

What is the fed. rule

[bigtex]

Forest service roads I believe are not under the same rule because they are federal.

What is the fed. rule

It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service roads:

36 CFR 261.10
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.

[Oh Mah]

Thanks for that.

[builtfordtough]

Let's ask the hunter safety instructor who had the amazing tage in the chiwawa/entiat units. He will shed light on this.

[JimmyHoffa]

Forest service roads I believe are not under the same rule because they are federal.

What is the fed. rule

It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service roads:

36 CFR 261.10
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.

I think there is also something in regards to a distance from a trailhead (developed?) in a national forest.  Along the road or even if on foot on the trail, having to be be 100' away. 

[bigtex]

Forest service roads I believe are not under the same rule because they are federal.

What is the fed. rule

It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service roads:

36 CFR 261.10
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.

I think there is also something in regards to a distance from a trailhead (developed?) in a national forest.  Along the road or even if on foot on the trail, having to be be 100' away.

(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or

[Gobble Gobble]

I always thought it was 100 feet off of any maintained county road.

100 feet is well beyond the right of way which is normally 60 feet from centerline on paved roads less for gravel

The legal right-of-way for roadway usage varies from road to road and typically is measured from centerline of roadway (easily located by the wire fence found running along most highways here in WA). The larger the roadway typically the larger the usage right-of-way. Then you get into access easements for usage and utility beyond the roadway right-of-way. Whitenuckles said, "He says he was 40-50 yards off the road," that's 120' to 180' off the edge of roadway.  The largest right-of-ways I have personally dealt with in my line of work is 180' and that's was for a major USBR canal that flows year round. You would have to look at past land surveys for this parcel(s) of land or neighboring parcel(s) adjacent to the roadway should tell you what that right-of-way is and any easements beyond that. I highly doubt he was within any legal area of right-of-way or easement so they should have no case for being within said area. Is this parcel within a firearms restriction area? So unless the GW witnessed or has a sworn statement from someone who witnessed some sort of negligent discharge towards the roadway this friend should be in the right. Sounds like someone didn't get a warm fuzzy with their choice of hunting locations and reported it.

[Caseyd]

He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!

Is the ground farmed? Cattle grazing? Would they have citied someone for trespassing? If so then how could he have been shooting from the road.

Look at your county setback for the road in question

[bearpaw]

There is no legally defined distance in Washington.

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.

What he said
The key word is negligently

  This is the correct answer, I have had discussions specifically with wardens because I want to know exactly what the law is. The key word is negligently! If you shoot "negligently" along or across a road then you break the law!

This was changed by the legislature several years ago, before that change was made you could not shoot from along or across a road at all.

[bobcat]

The word negligently was always in the law. But the word negligently was not used in the hunting season pamphlet.

[Oh Mah]

i'm glad to see all of this stuff about the road thing but i must say,a guy 1 camp up from us 2 years ago got cited for shooting a target on the other side of the road.no vehicles were on the road or even passed within an hour or so of him shooting.the warden was at our camp bs ing with us about the season and stuff(very nice person) when the shot rang he just looked at us and said"did he really just do that" laughingly he went up there and gave the guy a citation.the shooter assumed we snitched him out but we simply told him "hey dummy didnt you see him down at our camp for the past 1/2 hour 45 min.

So anyway seems to me the neg. part is up to the warden whether it is or not.

TOO MANY GREY RULES IN THE REGS. WHERE THEY COULD BE STRAIGHT UP. 

[bobcat]

That's exactly right. If the warden says it's negligent, then it is. So I guess the thing to remember is don't shoot from a road if there's a chance a warden is watching.

[Oh Mah]

  Theres always a chance lol.I saw the warden this year up on 340 watching hunters on 342.Sweet spotting scope set up on drivers side window.

[bornhunter]

And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?

[Bob33]

And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?

The term is "public highway", not road. It includes essentially all roads, streets, highways and other driveable surfaces open to the public.

[Gobble Gobble]

And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?

The term is "public highway", not road. It includes essentially all roads, streets, highways and other driveable surfaces open to the public.

It has been explained to me "public highway" is as you said, "essentially all roads, streets, highways and other driveable surfaces open to the public" with an addition of... if it is maintained by public funds i.e. tax dollars it is classified as a "public highway."

[HereDuckyDucky]

The word negligently was always in the law. But the word negligently was not used in the hunting season pamphlet.

Ding, ding, ding. We have a winner....

RW