Hunting Washington Forum
Community => Advocacy, Agencies, Access => Topic started by: sakoshooter on May 11, 2014, 12:58:01 PM
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I've been writing and calling the WDFW for about 10 years concerning their omittance of the word "Negligently" from the reg concerning shooting from a road.
Last year they added it to the waterfowl regs.
This year they added it to the Big Game regs but screwed it up big time in my opinion.
They also didn't highlight in red like they're supposed to do with anything new but then they're good at sneaking things into the regs.
It now reads:
Negligently discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, or from within a moving vehicle or moving off-road vehicle is prohibitied, except for hunters with disabilities in compliance with WAC 232-12-828
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So if I'm pulled off the maintained portion of the road and parked, I can legally fire my weapon as long as I'm shooting away from the road. Just great :bash: :bash: :bash:
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The WDFW Commission didn't change the law, the state legislature changed the law in 2012.
http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.460 (http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.460)
It remains illegal under federal law to discharge a weapon from a USFS road, doesn't matter if your in your vehicle or standing on the road.
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Only with a handgun though, right? Long guns still can't be loaded inside a vehicle.
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Better yet, while on a "trail" on my stopped, but still running, four-wheeler, I can shoot my weapon.
Here we go.. >:(
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Only with a handgun though, right? Long guns still can't be loaded inside a vehicle.
There's an exception for long guns
(the section refers to loaded firearms in vehicles)
(4) This section does not apply if the person:
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.
EFFECTIVE JUNE 2014 THE FOLLOWING TAKES EFFECT
(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.
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The change really only applies to private property. So if you're on Weyerhaeuser property, you could shoot over the hood of your truck but on state land you cannot.
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So answer this one for me fellas: I'm driving down a public road in state owned land. I spy a legal deer during the appropriate season. How far off the road must I walk before I'm no longer "road hunting"? Across the open ditch? On the other side of the fence if there is one ( like CRP land)?
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So answer this one for me fellas: I'm driving down a public road in state owned land. I spy a legal deer during the appropriate season. How far off the road must I walk before I'm no longer "road hunting"? Across the open ditch? On the other side of the fence if there is one ( like CRP land)?
Road hunting by whose definition? You'd be legal to shoot from the road, as long as you weren't "negligent."
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Oh I promise not to be negligent.
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This is going to make Coyote hunting EASY!
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No you cannot legally discharge a firearm from within a vehicle!
The law changed two years ago to to allow a firearm to be discharged from upon a motor vehicle, under certain conditions. It is still illegal to discharge from within. The change occurring in June restricts off road vehicles.
The term "negligently" has been in the RCW for many years. It is a good example of why the big game regulations are not always definitive.
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So is it ok to use the hood of your truck that is in the road as a rest to shoot from?
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So is it ok to use the hood of your truck that is in the road as a rest to shoot from?
What do you think?
(4) This section does not apply if the person:
...
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.
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I'm gonna go with a no answer.
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I'm gonna go with a no answer.
It is legal as long as you meet all the requirements of the RCW.
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Like I said, you pretty much have to be on private land.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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Yes you might get cited for other violations but not necessarily for illegally discharging a firearm from a vehicle.
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So answer this one for me fellas: I'm driving down a public road in state owned land. I spy a legal deer during the appropriate season. How far off the road must I walk before I'm no longer "road hunting"? Across the open ditch? On the other side of the fence if there is one ( like CRP land)?
Road hunting by whose definition? You'd be legal to shoot from the road, as long as you weren't "negligent."
This is correct according to the Game Warden in the Conconully area who brought it to my attention over 10 yrs ago AND according to the Enforcement Division of the WDFW in Oly.
Now, with the change, it's legal to shoot from your vehicle as long as it's not done negligently.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.
Here is the WAC language. You can shoot from within a vehicle if you are disabled.
(5) It is unlawful for a hunter with a disability to shoot from a motor vehicle, unless the vehicle is stopped, the motor is turned off and the vehicle is removed from the maintained portion of a public highway. If the roadway is not paved, and it is impossible for the hunter with a disability to completely remove the vehicle from the roadway, then the hunter may shoot from the vehicle if the vehicle is as far off the roadway as possible. A disabled hunter vehicle identification placard must be displayed.
(6) It is unlawful for any person to possess a loaded firearm in or on a motor vehicle, except if the person is a hunter with a disability and the vehicle is in compliance with subsection (5) of this section.
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.
Careful...as bt pointed out it is illegal on federal ground (i.e., FS roads). Also, I have found that some counties do not allow any shooting from the road...whether it is safe or negligent...like Walla Walla county below:
"9.08.010 Shooting firearm from or near county road—Defined.permanent link to this piece of content
A person is guilty of the crime of shooting a firearm from or near a county road if that person shoots a firearm from, across or along the maintained portion of any county road"
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Like I said, you pretty much have to be on private land.
It can be done on public land as long as the RCW requirements are met.
I'm not sure how. It seems if you drove a vehicle off the maintained portion of a road, you'd be in violation of other laws. It just seems unlikely to me that you'd find a game animal in just the right spot where you could somehow drive your vehicle off the road far enough to where you'd be legal to shoot.
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We're missing the point folks. Private/public land has nothing to do with this law.
I know it's illegal to shoot from within your rig and I know it's a typo on the fault of the WDFW for putting it in the regs that way.
It's always been legal to shoot from, along or across the maintained portion of any public highway as long as it's not done negligently.
I'm just laughing at the way they finally added the word "Negligently" after all the emails and phone calls.
Careful...as bt pointed out it is illegal on federal ground (i.e., FS roads). Also, I have found that some counties do not allow any shooting from the road...whether it is safe or negligent...like Walla Walla county below:
"9.08.010 Shooting firearm from or near county road—Defined.permanent link to this piece of content
I'm only going by what the WDFW says in their hunting regs. Not sure how a hunter would know anything about other laws that could apply when the hunting regulations is what most of us go by. If there are over lapping laws or competing laws, the average hunter wouldn't learn about them untill ticketed or arested. As for hunting, the WA State Hunting Regs should cover thoroughly what is and isn't legal. A hunter shouldn't have to spend a week at the court house with a lawyer trying to figure out who trumps who or what law trumps what law.
A person is guilty of the crime of shooting a firearm from or near a county road if that person shoots a firearm from, across or along the maintained portion of any county road"
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I completely agree with you Sako...a hunter should be able to read the hunting regs and all laws that apply to hunting should be included. But we all know ignorance is no excuse...although given what the state regs say I wonder how many prosecutors are going to be all that pushy if a guy got a ticket shooting from a road and there was nothing negligent about it...any lawyers or hunters every fight something like this in court?
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Consider a group of folks that come here to hunt from out of state for example. They read the hunting regs, purchase licenses and head out.
In all my years of hunting here in WA, I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.
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I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.
I've mentioned it several times on this site. The following law applies to USFS 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:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(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.
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I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.
I've mentioned it several times on this site. The following law applies to USFS 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:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(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.
36 CFR Part 261 Subpart A includes general prohibitions which remain in place at all times. The
following are prohibited under Occupancy and Use section of 26 1. I 0(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;
(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;
(3) Into or within any cave.
Roads should not be considered inherently occupied areas under 261.10(d)(1). If there are
concerns about public safety in areas along roads, units should work with the public and specific
user groups through education and open communication to address problem situations,
emphasize responsible use, and ultimately provide for public safety. If safety concerns related to
roads other than the prohibitions listed in 36 CFR 261.10(d)(2) remain after public involvement
and appropriate NEPA analysis, a Subpart B Forest Supervisor's order should be designated.
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[quote ]
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:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(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.
[/quote]
Item number 2 seems very subjective. I would interpret this as it is legal unless any person or property is exposed to injury or damage as a result in such discharge. If there are no people or property exposed to damage where you are shooting no law broken :dunno:.
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Does that Law (discharging firearms from a vehicle) apply to private land? So if i was driving down the road and there was X animal on my property, Or my friends property (I have permission to hunt there) Am I allowed to pull off the road onto private ground and shoot out the window?
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Does that Law (discharging firearms from a vehicle) apply to private land? So if i was driving down the road and there was X animal on my property, Or my friends property (I have permission to hunt there) Am I allowed to pull off the road onto private ground and shoot out the window?
No. Unless you are disabled, you can NEVER legally have a loaded long gun inside a motor vehicle.
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You can't ever shoot while you're in a vehicle, private property or not. However you could rest your gun on the vehicle, while standing outside the vehicle. You don't even have to be off the road if you're on private property.
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You can carry a loaded handgun in your vehicle if you have a CCP..........this is straight from the game wardens mouth.
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I completely agree with you Sako...a hunter should be able to read the hunting regs and all laws that apply to hunting should be included. But we all know ignorance is no excuse...although given what the state regs say I wonder how many prosecutors are going to be all that pushy if a guy got a ticket shooting from a road and there was nothing negligent about it...any lawyers or hunters every fight something like this in court?
I know of a recent case where a hunter shot from a road and was charged, and he successfully defended himself by proving it was not done negligently.
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You can carry a loaded handgun in your vehicle if you have a CCP..........this is straight from the game wardens mouth.
You don't even need a concealed weapons permit to do that, if you're engaged in an outdoor recreational activity.
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You can carry a loaded handgun in your vehicle if you have a CCP..........this is straight from the game wardens mouth.
You don't even need a concealed weapons permit to do that, if you're engaged in an outdoor recreational activity.
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:tup:
In this state it is a CPL. :sry:
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You can carry a loaded handgun in your vehicle if you have a CCP..........this is straight from the game wardens mouth.
You don't even need a concealed weapons permit to do that, if you're engaged in an outdoor recreational activity.
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:tup:
In this state it is a CPL. :sry:
It used to actually be a CWP. I was just trying to be politically correct with all the know it alls........
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You can carry a loaded handgun in your vehicle if you have a CCP..........this is straight from the game wardens mouth.
You don't even need a concealed weapons permit to do that, if you're engaged in an outdoor recreational activity.
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That would go over good in Seattle......... :chuckle: I was out hunting near downtown, honestly I was. :tup:
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That would go over good in Seattle......... :chuckle: I was out hunting near downtown, honestly I was. :tup:
"...or is traveling to or from a legitimate outdoor recreation area.."
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[quote ]
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:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(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.
Item number 2 seems very subjective. I would interpret this as it is legal unless any person or property is exposed to injury or damage as a result in such discharge. If there are no people or property exposed to damage where you are shooting no law broken :dunno:.
[/quote]
Section (2) covers three areas 1- Roads 2- Bodies of water 3- In any manner place whereby any person or property is exposed to injury or damage as a result in such discharge.
So if you shoot on the road you can be cited, shoot along a body of water adjacent to the road, or any matter that could cause injury or damage you can be cited.
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Mine says License to carry concealed pistol, no where does it say CPL or CCP.
SO I think it is called a few different things by different folks......by looking at my license, Id have to go with CCP. :twocents:
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Mine says License to carry concealed pistol, no where does it say CPL or CCP.
SO I think it is called a few different things by different folks......by looking at my license, Id have to go with CCP. :twocents:
CPL in WA, It's a license, not a permit.
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Yes its a license.....for concealed carry pistol CCP I am aware Law Enforcement calls it CPL, and think if thats what it is, it should be so noted on the license I carry......it should say Concealed Pistol License, rather than License to carry concealed pistol. Verbatum. Just sayin.................. :dunno:
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I completely agree with you Sako...a hunter should be able to read the hunting regs and all laws that apply to hunting should be included. But we all know ignorance is no excuse...although given what the state regs say I wonder how many prosecutors are going to be all that pushy if a guy got a ticket shooting from a road and there was nothing negligent about it...any lawyers or hunters every fight something like this in court?
I know of a recent case where a hunter shot from a road and was charged, and he successfully defended himself by proving it was not done negligently.
Nice! I am not a road hunter but if I'm driving to or from hunting spots and a safe opportunity presents itself on some remote/rural road I just don't see a problem. Any negligence with a firearm should be dealt with appropriately, but if there was nothing unsafe about the shot...move on. :twocents:
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Only with a handgun though, right? Long guns still can't be loaded inside a vehicle.
There's an exception for long guns
(the section refers to loaded firearms in vehicles)
(4) This section does not apply if the person:
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.
EFFECTIVE JUNE 2014 THE FOLLOWING TAKES EFFECT
(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.
So If i'm driving across my feild on my atv see X animal, stop turn off the ATV, Load the weapon and shoot from the ATV am I legal?
Switch and insert Pickup truck...
It sounds like it is illegal for an ATV or UTV. It sounds legal if your not in the cab of the Pickup... Am I reading this correctly?
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I think I'm going to take my 6.5 grendel AR Pistol with 26 round mag, loaded in my car, with my CPL and traveling "to or from an outdoor recreational activity" an d pull over on state land off of the maintained portion of the highway and shoot out my window 15 times at a large bull elk, in the modern rifle season of course.
Wish me luck.
Also, I'm going to get a bigger truck so I can shoot my bow out the window at deer.
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Only with a handgun though, right? Long guns still can't be loaded inside a vehicle.
There's an exception for long guns
(the section refers to loaded firearms in vehicles)
(4) This section does not apply if the person:
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.
EFFECTIVE JUNE 2014 THE FOLLOWING TAKES EFFECT
(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.
So If i'm driving across my feild on my atv see X animal, stop turn off the ATV, Load the weapon and shoot from the ATV am I legal?
Switch and insert Pickup truck...
It sounds like it is illegal for an ATV or UTV. It sounds legal if your not in the cab of the Pickup... Am I reading this correctly?
Assuming no other conflicts with existing law, it is legal today to shoot from an ORV under the conditions you described. Effective in June, it will no longer be legal to do so from an ORV.
The key word in the RCW that changed in 2012 is "upon". Prior to 2012, it was not legal to have a loaded long gun either in or upon a motor vehicle. If you rested a loaded rifle against your parked truck, you were in violation of the RCW. That changed in 2012 to allow having a loaded long gun "upon" a motor vehicle if the engine is off, the vehicle is not moving, and it is off the maintained portion of a public road.
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Bob That is kinda how i was reading it, but the post kind of confused me.
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Big Tex. I don't doubt that you've posted info about laws concerning shooting from a road on this forum. I'll bet that most WA hunters do not come to this forum to get their hunting regulation info though.
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I think I'm going to take my 6.5 grendel AR Pistol with 26 round mag, loaded in my car, with my CPL and traveling "to or from an outdoor recreational activity" an d pull over on state land off of the maintained portion of the highway and shoot out my window 15 times at a large bull elk, in the modern rifle season of course.
Wish me luck.
Also, I'm going to get a bigger truck so I can shoot my bow out the window at deer.
Get a van, its easier to shoot a bow out of that big sliding door. :chuckle:
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They didn't add the word Negligently to the archery section. still says illegal.
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I think I'm going to take my 6.5 grendel AR Pistol with 26 round mag, loaded in my car, with my CPL and traveling "to or from an outdoor recreational activity" an d pull over on state land off of the maintained portion of the highway and shoot out my window 15 times at a large bull elk, in the modern rifle season of course.
Wish me luck.
Also, I'm going to get a bigger truck so I can shoot my bow out the window at deer.
Get a van, its easier to shoot a bow out of that big sliding door. :chuckle:
Get yourself one of these:
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They added the word 'negligently' to the waterfowl regs last year. Funny, how many guys shoot ducks and geese from the road?
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They added the word 'negligently' to the waterfowl regs last year. Funn, how many guys shoot ducks and geese from the road?
I see quite a few duck blinds right next to Interstate 5! :chuckle:
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Big Tex. I don't doubt that you've posted info about laws concerning shooting from a road on this forum. I'll bet that most WA hunters do not come to this forum to get their hunting regulation info though.
Completely understand that. However, people need to realize that the hunting and fishing pamphlets only contain state (WDFW) laws. If you want all you city, county, and federal laws that could apply to hunting and fishing in the pamphlets, then expect the size of your pamphlets to grow significantly.
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Big Tex. I don't doubt that you've posted info about laws concerning shooting from a road on this forum. I'll bet that most WA hunters do not come to this forum to get their hunting regulation info though.
Completely understand that. However, people need to realize that the hunting and fishing pamphlets only contain state (WDFW) laws. If you want all you city, county, and federal laws that could apply to hunting and fishing in the pamphlets, then expect the size of your pamphlets to grow significantly.
I think that if hunters will be expected to follow all of these laws and if LEO will be expected to enforce them, hunters need to be made aware of them.
I don't want our reg pamphlet any bigger or complicated than it is but ignorance is just that if we're kept in the dark about certain laws.
Maybe some of these laws could be simplified or combined or deleted.
How about the one you quoted earlier in this thread - illegal to shoot from a body of water with a national forest system road adjacent to it???
So you cannot duck/goose hunt a body of water if it has a national forest system road adjacent to it? This sounds like one that could be deleted Big Tex.
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Consider a group of folks that come here to hunt from out of state for example. They read the hunting regs, purchase licenses and head out.
In all my years of hunting here in WA, I've never heard about the law Big Tex quoted concerning Federal lands, roads and shooting. I see a million road hunters every year and have never seen nor heard of anyone ever getting cited for shooting from a road.who would come out of state to hunt Washington?