Post by: theman on October 03, 2010, 10:20:03 PM
Page 72, item 6 of this years regs states:
"Discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, is prohibited, except for hunters with disabilities in compliance with WAC 232-12-828."
So, my question is, are the forest service roads "highways"? How far off of them do we have to be, if at all? If a forest road is a "highway", is one that is closed to vehicle traffic also a highway? I hate to split hairs, I'm just looking for some reference to this.
Post by: bigtex on October 03, 2010, 10:30:14 PM
Highway.
Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
USFS roads are considered highways, which is one reason why vehicles need to be street legal in order to drive on them. There is no requirement in the state of WA that states you need to be X amount of feet from a road in order to shoot.
What is the situation your using this for? Basically just don't shoot across or from a road and your good.
Post by: theman on October 03, 2010, 10:37:17 PM
Basically what I wonder is, if I'm wandering down a closed forest road that has been gated off, and I see the granddaddy of all elk lumber down the same road, what's the proper thing to do? Seems like it's going to be that I should follow it until we both have a chance to leave the road.
Post by: Malottguy on October 03, 2010, 10:41:54 PM
Post by: Little Dave on October 03, 2010, 10:59:00 PM
From WAC 232-12-838 (1) Definitions
(i) "Public highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel as defined in RCW 46.04.197.
Post by: Little Dave on October 03, 2010, 11:21:08 PM
Archery only:
WAC 232-12-054 (c) It is unlawful to shoot a bow and arrow from a vehicle or from, across, or along the maintained portion of a public highway, except that persons with a disabled hunter permit may shoot from a vehicle if the hunter is in compliance with WAC 232-12-828.
All firearms, hunting or not:
RCW 77.15.460 (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.
If not done in a negligent manner, RCW 77.15.460 does not prohibit shooting from a road with a rifle, although 232-12-054 does if you are using a bow. Since negligence can be subjective, be prepared to go to court over the matter if you are testing the law. It might be worth taking a few steps off the road or waiting for a better opportunity in another location.
Post by: coriantonk on October 04, 2010, 12:40:37 AM