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Big Game Hunting => Deer Hunting => Topic started by: DoubleJ on July 21, 2010, 10:15:51 AM


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Title: spotlighting question, before I get into trouble
Post by: DoubleJ on July 21, 2010, 10:15:51 AM
Say I'm camping in the woods.  It's late at night and I'm sitting in the bed of my truck.  I hear a noise.  I shine my spotlight on the noise.  It's a deer.  I have my rifle next to me for protection.  I have no intent on shooting the deer since it's July.  If a game warden pops out from behind a tree, am I in trouble or would I have had to actually shoot the deer first?
Title: Re: spotlighting question, before I get into trouble
Post by: carpsniperg2 on July 21, 2010, 10:18:31 AM
legal as can be just don't be pointing your rifle at the deer or shooting it and you will be o.k. we have had cops and wardens follow us before wtchin us shine all the deer and what not then they got tired of following us and either just pull us over or kick on there lights and leave there is nothing not legal about shining a light on a deer but intent to shoot like scopeing the deer might get you in the hot seat but just because you have a rifle with you does not mean you r a poacher.
Title: Re: spotlighting question, before I get into trouble
Post by: DoubleJ on July 21, 2010, 10:22:15 AM
Can I spotlight and shoot coyotes?  The regs say night hunting is allowed except during deer/elk season.
Title: Re: spotlighting question, before I get into trouble
Post by: carpsniperg2 on July 21, 2010, 10:26:07 AM
sometimes yes, there is some good info if you search spotlighting. there is some old posts that will fill you in a bit more, but it all kinda depends on the situation. there is some grey area for sure.
Title: Re: spotlighting question, before I get into trouble
Post by: Deer slayer on July 21, 2010, 10:26:30 AM
legal as can be just don't be pointing your rifle at the deer or shooting it and you will be o.k. we have had cops and wardens follow us before wtchin us shine all the deer and what not then they got tired of following us and either just pull us over or kick on there lights and leave there is nothing not legal about shining a light on a deer but intent to shoot like scopeing the deer might get you in the hot seat but just because you have a rifle with you does not mean you r a poacher.

No Carpsniper that was me following you making sure you were being a gentleman with my daughter Amy!! Lol!!
Title: Re: spotlighting question, before I get into trouble
Post by: 400out on July 21, 2010, 11:03:39 AM
legal as can be just don't be pointing your rifle at the deer or shooting it and you will be o.k. we have had cops and wardens follow us before wtchin us shine all the deer and what not then they got tired of following us and either just pull us over or kick on there lights and leave there is nothing not legal about shining a light on a deer but intent to shoot like scopeing the deer might get you in the hot seat but just because you have a rifle with you does not mean you r a poacher.

No Carpsniper that was me following you making sure you were being a gentleman with my daughter Amy!! Lol!!
:spank_butt: :lol4:
Title: Re: spotlighting question, before I get into trouble
Post by: carpsniperg2 on July 21, 2010, 11:05:04 AM
 :chuckle: :chuckle: :chuckle:

I LOVE IT!!!!

but you are a cop but a cop and a dad is even more scary :yike: :chuckle:
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 11:38:14 AM
Say I'm camping in the woods.  It's late at night and I'm sitting in the bed of my truck  .  I hear a noise.  I shine my spotlight on the noise.  It's a deer.  I have my rifle next to me for protection.  I have no intent on shooting the deer since it's July.  If a game warden pops out from behind a tree, am I in trouble or would I have had to actually shoot the deer first?
If the rifle is loaded, yes you WILL be cited, for having a loaded weapon in your vehicle.
If he is responding to a complaint about illegal activity, you will have some 'splainin' to do....
Title: Re: spotlighting question, before I get into trouble
Post by: DOUBLELUNG on July 21, 2010, 11:42:30 AM
Say I'm camping in the woods.  It's late at night and I'm sitting in the bed of my truck  .  I hear a noise.  I shine my spotlight on the noise.  It's a deer.  I have my rifle next to me for protection.  I have no intent on shooting the deer since it's July.  If a game warden pops out from behind a tree, am I in trouble or would I have had to actually shoot the deer first?
 
If the rifle is loaded, yes you WILL be cited, for having a loaded weapon in your vehicle.
If he is responding to a complaint about illegal activity, you will have some 'splainin' to do....
That is the correct answer, and it has nothing to do with the light except for creating the initial contact.  If you are legally night hunting, you must still exit the vehicle and load the gun before shooting. 
Title: Re: spotlighting question, before I get into trouble
Post by: BIGINNER on July 21, 2010, 11:42:34 AM
Say I'm camping in the woods.  It's late at night and I'm sitting in the bed of my truck  .  I hear a noise.  I shine my spotlight on the noise.  It's a deer.  I have my rifle next to me for protection.  I have no intent on shooting the deer since it's July.  If a game warden pops out from behind a tree, am I in trouble or would I have had to actually shoot the deer first?
If the rifle is loaded, yes you WILL be cited, for having a loaded weapon in your vehicle.
If he is responding to a complaint about illegal activity, you will have some 'splainin' to do....

 I AGREE,  I DIDN'T CATCH THAT AT FIRST,  NICE CATCH SSB   :)   ARE YOU A COP BY ANY CHANCE?  LOL   :chuckle:
Title: Re: spotlighting question, before I get into trouble
Post by: carpsniperg2 on July 21, 2010, 11:44:36 AM
yes but you guys are part right if you have a disabled hunters permit and the motor is shut off you will not be cited. but if you do not have one and it is loaded in or on your truck then u getting a ticket but just next to you unloaded you are fine.
Title: Re: spotlighting question, before I get into trouble
Post by: wastickslinger on July 21, 2010, 11:45:22 AM
Say I'm camping in the woods.  It's late at night and I'm sitting in the bed of my truck  .  I hear a noise.  I shine my spotlight on the noise.  It's a deer.  I have my rifle next to me for protection.  I have no intent on shooting the deer since it's July.  If a game warden pops out from behind a tree, am I in trouble or would I have had to actually shoot the deer first?
If the rifle is loaded, yes you WILL be cited, for having a loaded weapon in your vehicle.
If he is responding to a complaint about illegal activity, you will have some 'splainin' to do....

Be careful with the loaded gun in the bed of the truck. Stupid as it sounds they will cite you for that one. As for spotlighting....they can get you for harassing wilidlife if they want to for spotlghting deer. Yes you can spotlight and shoot coyotes if you are by the book.
Title: Re: spotlighting question, before I get into trouble
Post by: DoubleJ on July 21, 2010, 11:48:22 AM
Thank you all for the info
Title: Re: spotlighting question, before I get into trouble
Post by: Deer slayer on July 21, 2010, 11:50:07 AM
You can get cited for loaded firearm even if the loaded gun is leaning against the tire of a truck after coming out of the woods.
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 11:52:48 AM
Quote
I AGREE,  I DIDN'T CATCH THAT AT FIRST,  NICE CATCH SSB      ARE YOU A COP BY ANY CHANCE?  LOL    
 
  
 
No, but my father was !
 :chuckle:
I learned about the "little" things that can bite you in the a$$
I know a guy that stopped while driving down a logging road by a gamy during archery season and was asked if he was hunting, he responded "yes" and was written a ticket for hunting from a vehicle.
you gotta pay attention to the details.
Title: Re: spotlighting question, before I get into trouble
Post by: wastickslinger on July 21, 2010, 11:56:44 AM
Quote
I AGREE,  I DIDN'T CATCH THAT AT FIRST,  NICE CATCH SSB      ARE YOU A COP BY ANY CHANCE?  LOL    
 
  
 
No, but my father was !
 :chuckle:
I learned about the "little" things that can bite you in the a$$
I know a guy that stopped while driving down a logging road by a gamy during archery season and was asked if he was hunting, he responded "yes" and was written a ticket for hunting from a vehicle.
you gotta pay attention to the details.

your kidding right?
Title: Re: spotlighting question, before I get into trouble
Post by: grundy53 on July 21, 2010, 11:57:22 AM
I have talked to wardens about this. They say (other then then loaded weapon) you perfectly legal. Not illegal to spot light and as far as the deer goes, they have to prove intent
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 12:11:47 PM
Quote
I AGREE,  I DIDN'T CATCH THAT AT FIRST,  NICE CATCH SSB      ARE YOU A COP BY ANY CHANCE?  LOL    
 
  
 
No, but my father was !
 :chuckle:
I learned about the "little" things that can bite you in the a$$
I know a guy that stopped while driving down a logging road by a gamy during archery season and was asked if he was hunting, he responded "yes" and was written a ticket for hunting from a vehicle.
you gotta pay attention to the details.

your kidding right?
Not unless the guy who told me was kidding me, and everyone else he tells the story to. (says it happened to him)
also says the case was dismissed, but he had to drive back to NE Washington to fight it...
Title: Re: spotlighting question, before I get into trouble
Post by: Deer slayer on July 21, 2010, 12:47:14 PM
That shouldn't happen. That's not the intent of the law. That's why it was dismissed.
Title: Re: spotlighting question, before I get into trouble
Post by: DoubleJ on July 21, 2010, 12:47:41 PM
So, I'll keep the rifle unloaded in the cab and just have a baseball bat with me in the bed of the truck :)
Title: Re: spotlighting question, before I get into trouble
Post by: carpsniperg2 on July 21, 2010, 12:56:23 PM
there you go :chuckle: or get your concealed permit and have a handgun :dunno: :chuckle:
Title: Re: spotlighting question, before I get into trouble
Post by: Curly on July 21, 2010, 01:04:37 PM
Or skip the permit and get a handgun and keep it on you and loaded.  You'll then be legal to have a loaded firearm.
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 01:10:47 PM
Or skip the permit and get a handgun and keep it on you and loaded.  You'll then be legal to have a loaded firearm.
unless you are in or on a vehicle.....
Title: Re: spotlighting question, before I get into trouble
Post by: Curly on July 21, 2010, 01:14:25 PM
Are you sure about that?
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 01:17:26 PM
Quote
RCW 77.15.460
Loaded firearm in vehicle — Unlawful use or possession — Penalty.  

(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

     (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

     (b) The rifle or shotgun contains shells or cartridges in the magazine or 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 the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

     (3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.

     (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) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

     (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
Quote
A person shall not carry or place a loaded pistol in any vehicle unless he has a license to carry a concealed weapon and the pistol is on his person, or the person with the concealed carrying license is within the vehicle at all times that the pistol is there, or the person with the concealed carrying license is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the
Title: Re: spotlighting question, before I get into trouble
Post by: STIKNSTRINGBOW on July 21, 2010, 01:18:43 PM
  :dunno: ....
Title: Re: spotlighting question, before I get into trouble
Post by: Curly on July 21, 2010, 01:22:40 PM
Quote
http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#Washington
Washington State law also carves exemptions into state law regarding Concealed Pistol Licenses. Perhaps the most interesting is RCW 9.41.060, section 8: "Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;"[312]. This little known law essentially allows vehicle and concealed carry WITHOUT a CPL as normally required in 9.41.050 as long as you meet the provisions of that section.
Title: Re: spotlighting question, before I get into trouble
Post by: bobcat on July 21, 2010, 01:35:01 PM
Yep, you can carry a loaded gun in your vehicle while you are hunting, as long as it is a handgun and is on your person.
Title: Re: spotlighting question, before I get into trouble
Post by: br8kitoff on July 21, 2010, 11:38:04 PM
yea the little known law was put in the news not to long after the laws changed for having a gun in the nat. parks.    BUT if you want to make it easy just get your CWP and then no real questions to dance around.
Title: Re: spotlighting question, before I get into trouble
Post by: bobcat on July 22, 2010, 12:30:22 AM
I'm not paying $60 a year to exercise my right to bear arms.
Title: Re: spotlighting question, before I get into trouble
Post by: rasbo on July 22, 2010, 12:46:22 AM
I'm not paying $60 a year to exercise my right to bear arms.
for cwp????5 yrs every 5 yrs renew
Title: Re: spotlighting question, before I get into trouble
Post by: grundy53 on July 22, 2010, 12:51:02 AM
Ya its not $60 dollars a year its every 5 years
Title: Re: spotlighting question, before I get into trouble
Post by: ML_Hunter on July 22, 2010, 01:07:04 AM
And don't forget guys, if you do have a loaded rifle in your vehicle during hunting season...yes you do have to repeat hunters ed!  And for those of you who are grandfathered into this, you still have to take hunters ed and will be unable to purchase a license until the course is completed.  I had a father and son (18ish yrs) who were both taking hunter ed in a class that I popped in on the other day.  Neither of them were very happy about it.
Title: Re: spotlighting question, before I get into trouble
Post by: bobcat on July 22, 2010, 06:54:14 AM
Ya its not $60 dollars a year its every 5 years

Oh well, whatever it is, I'm not paying it.
Title: Re: spotlighting question, before I get into trouble
Post by: Bob33 on July 22, 2010, 08:00:29 AM
It is legal to carry a concealed pistol if you are engaged in outdoor recreational activity and are otherwise legal (21 years of age, not convicted felon, etc.)  The issue becomes grey when it is not clear that you are engaged in outdoor recreational activity.  For example, you' re driving from one hunting location to another and are stopped for some reason. Were you really recreating or not?  A CWP eliminates that and allows you to carry concealed at any time.
Title: Re: spotlighting question, before I get into trouble
Post by: TikkaT3-270Shortmag on July 22, 2010, 09:48:10 AM
Going back to the spotlighting.  one thing they can get you for even if you are going by the books (no gun ect.  ) is spotlighting from a moving vehicle.  You must step out of vehicle and shine ;).  My fiancee is taking hunters ed right now im going with her tonight just to get a refresher it cant hurt.
Title: Re: spotlighting question, before I get into trouble
Post by: bobcat on July 22, 2010, 10:13:43 AM
You must step out of vehicle and shine

I'd sure like to see where that is written into the law.  Shooting from a vehicle is one thing, shining a light from a vehicle altogether different. I doubt if it's against the law, but if you have a reference to it, I'd love to see it.
Title: Re: spotlighting question, before I get into trouble
Post by: grundy53 on July 22, 2010, 12:24:49 PM
You must step out of vehicle and shine

I'd sure like to see where that is written into the law.  Shooting from a vehicle is one thing, shining a light from a vehicle altogether different. I doubt if it's against the law, but if you have a reference to it, I'd love to see it.
:yeah:
Title: Re: spotlighting question, before I get into trouble
Post by: wastickslinger on July 22, 2010, 01:21:53 PM
You must step out of vehicle and shine

I'd sure like to see where that is written into the law.  Shooting from a vehicle is one thing, shining a light from a vehicle altogether different. I doubt if it's against the law, but if you have a reference to it, I'd love to see it.
:yeah:


You can spotlight from a moving vehicle you just have to get out to shoot obviously.
Title: Re: spotlighting question, before I get into trouble
Post by: runamuk on July 22, 2010, 01:32:29 PM
I'm not paying $60 a year to exercise my right to bear arms.
for cwp????5 yrs every 5 yrs renew

well my county charges 50 every 5 yrs and its worth it to know for sure I am okey dokey with my loaded pistol on me in my rig.....the rules are screwy enough I dont want to risk it all on some stupid technicality I didn't think of.....lawyers get paid to find technicalities I dont ;)
Title: Re: spotlighting question, before I get into trouble
Post by: bobcat on July 22, 2010, 01:46:21 PM
I'm not paying $60 a year to exercise my right to bear arms.
for cwp????5 yrs every 5 yrs renew

well my county charges 50 every 5 yrs and its worth it to know for sure I am okey dokey with my loaded pistol on me in my rig.....the rules are screwy enough I dont want to risk it all on some stupid technicality I didn't think of.....lawyers get paid to find technicalities I dont ;)

I don't feel a need to carry a loaded handgun with me all the time so that's why I say it's not worth it for me. I only want to have a handgun on me when I'm in the woods, so I'm ok without having the permit. Any other time I'll just keep it unloaded.
Title: Re: spotlighting question, before I get into trouble
Post by: Kent Hunter on July 22, 2010, 09:05:39 PM
Yeah. At the cost of $1.00 a month, a CPW is worth spending the buck on.
Title: Re: spotlighting question, before I get into trouble
Post by: huntnnw on July 22, 2010, 10:16:03 PM
If modern firearm deer or elk season is going, you CANNOT have ANY weapon in the car spotlighting. no questions asked. Perfectly legal to spotlight all year with no weapon in the car
Title: Re: spotlighting question, before I get into trouble
Post by: letmhunt on July 22, 2010, 10:32:28 PM
why would u be sitting in the back of your truck in the middle of the night in the dark?
Title: Re: spotlighting question, before I get into trouble
Post by: DoubleJ on July 22, 2010, 10:42:55 PM
why would u be sitting in the back of your truck in the middle of the night in the dark?

Sleeping in the bed of the truck
Title: Re: spotlighting question, before I get into trouble
Post by: letmhunt on July 22, 2010, 10:47:17 PM
why would u be sitting in the back of your truck in the middle of the night in the dark?



Sleeping in the bed of the truck

The start of your thead is that u are sitting in the back of the truck.
Title: Re: spotlighting question, before I get into trouble
Post by: strutnrut1984 on July 23, 2010, 11:46:42 AM

In pennsylvania spotlighting for deer is a huge activity with folks and a great scouting tool.
Title: Re: spotlighting question, before I get into trouble
Post by: woodywsu on August 03, 2010, 11:02:30 AM
Perfectly legal to spotlight all year with no weapon in the car

Not true. Wardens can cite you for harassing wildlife and they will.
Title: Re: spotlighting question, before I get into trouble
Post by: seth30 on August 03, 2010, 11:05:30 AM

In pennsylvania spotlighting for deer is a huge activity with folks and a great scouting tool.

were in washington :chuckle:
Title: Re: spotlighting question, before I get into trouble
Post by: Hangfire on August 04, 2010, 09:19:53 PM
I just renewed my CWP, 7/14/2010, Stevens county at Colville.
    Original License fee--$36 (5 years)
    late renewal & late penalty fee- $42
    Replacement fee- $10
    FBI fingerprint fee- $19.25

There has been a tremendous change in the spot lighting laws in Washington in the past few decades.
Until a few years ago being in a area where there were deer, with a light, and a fire arm was prima facie evidence of spot lighting.
The Elokia Lake road south of Elokia lake in Spokane county, a mile west of the lake, used to bend to the right. Any person driving that road and making the right hand turn, there lights shined the alfalfa field. This field always had deer at night. If a person stopped or drove slowly so there lights would shine up the deer, was taking a chance of getting stopped by a game protector, as they were known then.  If you had a fire arm you would be written.  A case made in that field, under those conditions, went to the state supreme court and the person found guilty of spot lighting. The basis of the prima facie evidence ruling.  In those years a game protector was exempt from state tresspassing laws when in the preformace of there duty.

These laws have changed but still people remember them.
Title: Re: spotlighting question, before I get into trouble
Post by: Hangfire on August 04, 2010, 09:22:48 PM
The renewal fee for my CWP was $32 (5 years)
Title: Re: spotlighting question, before I get into trouble
Post by: lokidog on August 04, 2010, 09:57:15 PM
I'm not paying $60 a year to exercise my right to bear arms.
for cwp????5 yrs every 5 yrs renew

well my county charges 50 every 5 yrs and its worth it to know for sure I am okey dokey with my loaded pistol on me in my rig.....the rules are screwy enough I dont want to risk it all on some stupid technicality I didn't think of.....lawyers get paid to find technicalities I dont ;)

I don't feel a need to carry a loaded handgun with me all the time so that's why I say it's not worth it for me. I only want to have a handgun on me when I'm in the woods, so I'm ok without having the permit. Any other time I'll just keep it unloaded.

Another reason to get one is to increase the number of permit holders that haven't committed a crime, hopefully that includes you.  :chuckle:
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