New civil infraction? Will dent the grouse hunting?

[ghosthunter]

WDFW Police Reminder:

Recent legislation added civil infraction options related to Fish and Wildlife hunting violations include a change to a previous law regulating the discharge of a firearm from or across the maintained portion of a public highway. 

While it is still a crime to negligently commit this act, a civil infraction can now be issued to anyone who is hunting and discharges a firearm from or across the maintained portion of the public highway, whether negligent or not. 

Hunters are reminded that safe hunting practices are essential to the safety of themselves and the public, this change further reinforces the states commitment to safe and orderly outdoor activities.

#WDFWPolice

[D-Rock425]

Can someone explain or know the definition of public highway? 

[Bob33]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

[Bob33]

Can someone explain or know the definition of public highway?

My guess is this is close:

(13) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

[hunter399]

Can someone explain or know the definition of public highway?

My guess is this is close:

(13) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

What about roads that have no county or state maintenance.
Example......
Like forest service roads , heck the forest service doesn't even maintain the road system most of the time.
I know Forest service your not allowed to discharge a firearm near an occupied campsite. Like 200 yards or something.
Not sure on distance on that rule.

[Angus]

According to the 2025 hunting regs (page 13) public highway means "Any road, regardless of surface, maintained by public funds".

[Blacktail Sniper]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

Not true, have to read the entire RCW:

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 a shell or cartridge in the 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) Has been granted a disability designation 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.

[hunter399]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

Not true, have to read the entire RCW:

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 a shell or cartridge in the 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) Has been granted a disability designation 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.

I love that 4c part at the end there.
Does not apply for off road vehicles,that's hilarious.
That's a joke,those sxs/4 Wheeler definitely not for hunting use.... 😂

[Bob33]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

Not true, have to read the entire RCW:

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 a shell or cartridge in the 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) Has been granted a disability designation 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.

That only says it's not loaded if the magazine isn't inserted.

[Bob33]

The phrase "in the magazine" was removed in July.

[hunter399]

Kinda crappy rules.
Tons of Forest service roads haven't seen a grader since the day the road was made. Probably decades.
This rule apply for gated forest service roads?
Can I even walk down a road and grouse hunt?
God dang it.

[bobcat]

I think there's a different federal law that applies to shooting from Forest Service roads. It was always illegal according to that law, whether "negligent" or not.

[Bob33]

I think there's a different federal law that applies to shooting from Forest Service roads. It was always illegal according to that law, whether "negligent" or not.

The same is true on state land like DNR.

[MADMAX]

Kinda crappy rules.
Tons of Forest service roads haven't seen a grader since the day the road was made. Probably decades.
This rule apply for gated forest service roads?
Can I even walk down a road and grouse hunt?
God dang it.

Just the commission doing a fine job
Safety for the hunters and hikers
Great job 🥴👏

[jrebel]

I can't imagine a warden would write you a ticket for standing on the side of a forest service road while shooting a grouse off the road in a safe manner.  Now, if you are shooting a bird sitting in the middle of the road, not knowing what may come around the corner 50 yards down, well you deserve a ticket.  A lot of common sense is no longer common to most.  These laws are written to the lowest denominator.....i.e. the dumbest of the dumb.   Be safe out there boys and girls and make good decisions. 

[EnglishSetter]

I can't imagine a warden would write you a ticket for standing on the side of a forest service road while shooting a grouse off the road in a safe manner.  Now, if you are shooting a bird sitting in the middle of the road, not knowing what may come around the corner 50 yards down, well you deserve a ticket.  A lot of common sense is no longer common to most.  These laws are written to the lowest denominator.....i.e. the dumbest of the dumb.   Be safe out there boys and girls and make good decisions.

True.

And hasn’t one in the chamber in a vehicle always been verboten?  Was where I grew up.  One in the magazine is generally legal WHEN you’re in an area you can actually hunt.  Gotta pay attention to local ordinances.

Also, I learned the hard way that the graded berm and turnouts is considered part of the road (albeit it wasn’t a FS road).

I’d be really careful on the main FS roads, but feel pretty safe on the sides/spurs.

[Blacktail Sniper]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

Not true, have to read the entire RCW:

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 a shell or cartridge in the 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) Has been granted a disability designation 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.

That only says it's not loaded if the magazine isn't inserted.

So by that logic, if it is inserted, then it is loaded...

[jackelope]

Kinda crappy rules.
Tons of Forest service roads haven't seen a grader since the day the road was made. Probably decades.
This rule apply for gated forest service roads?
Can I even walk down a road and grouse hunt?
God dang it.

Just the commission doing a fine job
Safety for the hunters and hikers
Great job

I think it’s fairly safe to assume that this has nothing to do with wdfw’s wildlife commission, regardless of how much we’ve all come to despise them.

[Bob33]

It appears the RCW has been changed to allow a loaded magazine to be inserted. The previous RCW referenced a magazine and now only the chamber.

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 a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

Not true, have to read the entire RCW:

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 a shell or cartridge in the 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) Has been granted a disability designation 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.

That only says it's not loaded if the magazine isn't inserted.

So by that logic, if it is inserted, then it is loaded...

No, that is not explicitly stated and conflicts with the earlier statement.

[Humptulips]

WDFW Police Reminder:

Recent legislation added civil infraction options related to Fish and Wildlife hunting violations include a change to a previous law regulating the discharge of a firearm from or across the maintained portion of a public highway. 

While it is still a crime to negligently commit this act, a civil infraction can now be issued to anyone who is hunting and discharges a firearm from or across the maintained portion of the public highway, whether negligent or not. 

Hunters are reminded that safe hunting practices are essential to the safety of themselves and the public, this change further reinforces the states commitment to safe and orderly outdoor activities.

#WDFWPolice

I think what this is driving at is that a negligence component had to be shown in the past to issue a ticket. Now a civil infraction can be issued even if there is no negligence.
Example: I am standing on the shoulder of a public road, and I fire my gun at a grouse off the road. In the past that would be tough to prove negligence so, no ticket. Now negligence does not have to be proved, so I would get a civil infraction.

[Oldguy]

I contacted the WDFS enforcement office a few weeks ago and the information I received was not what I am reading here. Not going to post and argue but isn't it an interesting for one thing that you can't shoot from a moving vehicle.
So does that mean that there are cases where you can shoot from a stopped vehicle?

[Bob33]

I contacted the WDFS enforcement office a few weeks ago and the information I received was not what I am reading here. Not going to post and argue but isn't it an interesting for one thing that you can't shoot from a moving vehicle.
So does that mean that there are cases where you can shoot from a stopped vehicle?

Yes from upon.

(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) Has been granted a disability designation 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.

[CarbonHunter]

Every other state I hunt in it’s legal to have a loaded rifle in a vehicle so long as there is not a round in the chamber. Surprised Washington would go this route but it’s consistent with other states if they did.

[EnglishSetter]

Every other state I hunt in it’s legal to have a loaded rifle in a vehicle so long as there is not a round in the chamber. Surprised Washington would go this route but it’s consistent with other states if they did.

There can be local ordinances prohibiting rounds in the magazine.  Out hunting (where legal to hunt) TMK it's always been legal from a game law perspective.