Post by: kglacken on August 25, 2015, 06:20:24 PM
Also, how does this rule apply to having a shotgun in the pick up for grouse during bow season? We always see a ton of grouse during early season and itd be nice to use the shotgun instead of the bow. :tup:
Post by: vandeman17 on August 25, 2015, 06:22:25 PM
Post by: Jonathan_S on August 25, 2015, 06:28:24 PM
Carrying it around in the woods would be a little different...more room for interpretation etc.
Post by: Expedition Scout on August 25, 2015, 06:33:34 PM
If its illegal, I think you're in good company! :twocents:
Post by: Man Tracker on August 25, 2015, 06:39:01 PM
Post by: bobcat on August 25, 2015, 11:53:23 PM
Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.
Post by: Bean Counter on August 26, 2015, 12:07:34 AM
You can also use a 30 round magazine on a rifle hunt, if you want :o
Post by: RadSav on August 26, 2015, 01:46:48 AM
There's no law that says you can't carry your bow and a rifle at the same time. What if you were in fact only hunting for bears at the time, and wanted to have the option of shooting a bear with your bow if you could get close enough, but using the rifle if you couldn't?
Or, doing just as you described, bow hunting for deer and rifle hunting for bears at the same time. You aren't required by law to leave the rifle in the truck. Although I do agree with what others have said, that a game warden might interpret it differently and write you a ticket.
I believe you are required to leave the rifle in the truck during archery season if you are archery hunting deer or elk even with bear season open. Guess you could say that you do not have a deer or elk tag, but you better not have the rifle in possession if you shoot a deer or elk! Again, one of those poor written rules that lead to a lot of confusion. Wish the state would clearly describe the rule and limitations. Seems more and more you have to assume an awful lot to remain legal in this state.
Archery Regulations
1. Rules pertaining to all archery hunting
seasons:
a. New in 2015, mechanical broadheads
are legal to use for all archery hunting.
b. It is unlawful for any person to carry or
have in his possession any firearm while in
the field archery hunting, 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.
Bear season is not considered an "Archery" season so as I was told my our local gamie it is ok when deer and elk is not open. Or when you do not have a deer or elk tag in possession. Meaning you are strictly bird or bear hunting.
I was even told it would not be advisable to shoot a grouse with my pistol during an archery only season. Not exactly sure what that meant other than I probably shouldn't try it ;)
Post by: bobcat on August 26, 2015, 06:31:27 AM
Post by: bowbuild on August 26, 2015, 08:24:55 AM
Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.
Post by: fireweed on August 26, 2015, 08:36:14 AM
I had a face to face with officer Cenci, and was told by him with several family witnesses that if you have a firearm (even in the truck) it would be a ticket........I said I would see him in court if he followed through.
Keep in mind it says "in the field" therefore to be charged with having a firearm in your vehicle, you are NOT in the field. To try to twist it any other way....... to have ANY firearm at any time, anywhere, you could be accused of hunting, and that is NOT going to fly in court.
Don't believe anything anyone "tells" you--get it in writing. And the writing on this needs definitions of "possession" and "in the field"
Post by: Bob33 on August 26, 2015, 08:45:31 AM
Having any firearm in your vehicle while bowhunting shouldn't result in a citation. I don't believe most reasonable people would interpret that as having it "in his possession while archery hunting in the field".
However, every officer and every judge is going to see each situation differently, based on several factors.
Personally, I would not have a problem keeping a rifle in my vehicle while archery hunting, nor using it to legally kill a bear once my archery equipment was put away.
Post by: grundy53 on August 26, 2015, 08:45:45 AM
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Post by: grundy53 on August 26, 2015, 08:46:55 AM
If you're talking about your Arizona hunt in unit 27, you can carry a handgun while bow hunting.You can use a 30 round magazine on a rifle hunt here, too.
You can also use a 30 round magazine on a rifle hunt, if you want :o
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Post by: bobcat on August 26, 2015, 08:56:13 AM
Post by: lokidog on August 26, 2015, 09:08:37 AM
Next we'll not be able to carry a knife with us since it is illegal to kill a deer with a knife, and heaven forbid your walking stick might have a little point on it, because now you are hunting with a spear.
Post by: Bob33 on August 26, 2015, 09:10:51 AM
What if you're backpacking into the wilderness and want to hunt deer with your bow and bears with a rifle? Couldn't you carry both while on the trail hiking in to your camp site? You're not actually hunting at that point, simply transporting the rifle just as you would in a vehicle. If you happen to see a bear while hiking in, set the bow on the ground, now you're hunting bear. Or, you see a deer, lean the rifle against a tree and pursue the deer. You're now deer hunting and no longer in possession of a rifle.
It's the "what ifs" that require officers to have discretion, and prevent the regulation booklet from being 2000 pages. What if you don't lean your bow against a tree first? What if you're just using your rifle scope to "check out" the deer?
...
Quote
However, every officer and every judge is going to see each situation differently, based on several factors.
Post by: Man Tracker on August 26, 2015, 06:29:48 PM
Post by: Stein on August 26, 2015, 06:49:24 PM
The WAC is a "rule", written by someone in DFW, without a law(other than time/place/and manner) to back it up. The issue would be proving a person was "hunting" deer with a rifle during the archery only season. Transporting a rifle (with a valid bear tag) is not per se illegal. For clarity sake, one might keep the rifle unloaded and shells in a backpack until actually hunting bear. Or carry a large caliber handgun and use it for bear as well as personal protection.
WAC is Washington Administrative Code codifies regulations and is enforceable law. All WAC codes references the statutory authority upon which it is based.
If you want to rifle bear hunt and archery deer hunt, you cannot legally have both weapons on your person during archery deer season. Your only legal option would be to hunt deer during rifle season with a bow.
The reference for this instance is Revised Code of Washington (RCW) 77.04.055. The legislature gives WDFW the authority to define what gear may be used to take wildlife. In the WAC, they did this, thus it is enforceable law.
RCW 77.04.055
Commission — Duties.
(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to those policies; and
(b) Review the performance of the department in implementing fish and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.