Post by: phishisgroovin on October 27, 2011, 02:48:36 PM
They straight up told me this is an open carry state and as long as they are legal to own and posess a firearm, they are legal to open carry a loaded firearm on their hip or shoulder holster while out hunting with a licensed hunter as long as its soley for personal protection outside of any vehicle, or if they posess a concealed license that they are legal to carry any pistol both open or concealed legally while in the woods with a hunter in camp or on the trail for personal protection regardless of any open season or closed season both insode and outside of their vehicles.
Just passing the information i got from an enforcement officer first hand today..
Post by: Wazukie on October 27, 2011, 02:55:14 PM
Post by: buglebuster on October 27, 2011, 03:13:31 PM
Post by: jeepasaurusrex on October 27, 2011, 03:36:37 PM
:chuckle:
Post by: Wazukie on October 27, 2011, 03:49:31 PM
Post by: FC on October 27, 2011, 03:56:55 PM
What about walking around the woods with a rifle during a season without any license? Is there anything they can really do?
No and you can carry concealed without a permit when out hiking or any other "lawful outdoor activity" if I remember the verbage correctly.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060 (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.060)
(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;
Post by: cwuwildcat on October 27, 2011, 06:34:39 PM
What about walking around the woods with a rifle during a season without any license? Is there anything they can really do?
They can hassle you a lot, but unless they see you shooting an animal, or suspect you have, you're nothing more than a well armed hiker. You might get a ticket, but any attorney would point out that the authorities didn't catch you hunting, they caught you walking with a firearm. Granted, it would look really suspicious, but tough nuts!
Post by: CAMPMEAT on October 27, 2011, 06:53:30 PM
Post by: FALFire on October 27, 2011, 07:38:41 PM
You do not need to have a hunting license to carry a firearm in the woods or desert as long as you are NOT pursuing any type of game animal or game bird.
Let them do their job, you be professional and they will likely return the favor.
Post by: Lowedog on October 27, 2011, 07:54:28 PM
I don't know if that pertains to someone who has no hunting license at all though. :dunno:
Post by: cwuwildcat on October 27, 2011, 09:04:38 PM
They can ask for identification just to be certain you are not a convicted felon and that's about it. So be kind, show them your ID let them run your name and thank them for their concern and move on.
They can ask, and you can refuse. Remember, we aren't their subjects. Unless you're suspected of having committed, or are about to commit a crime, you are under no obligation to provide id. This isn't a police state, and it isn't a stop and ID. They can't pull over cars just to make sure the driver has a license or insurance, and they can't make you give id just to see if you're a felon.
Post by: FALFire on October 28, 2011, 07:22:53 AM
They can ask for identification just to be certain you are not a convicted felon and that's about it. So be kind, show them your ID let them run your name and thank them for their concern and move on.
They can ask, and you can refuse. Remember, we aren't their subjects. Unless you're suspected of having committed, or are about to commit a crime, you are under no obligation to provide id. This isn't a police state, and it isn't a stop and ID. They can't pull over cars just to make sure the driver has a license or insurance, and they can't make you give id just to see if you're a felon.
That is why I stated "They can "ASK" I never said they can "DEMAND" to see your ID.
They will, however, ask for it, so be nice and show them, don't be a hard ass they are just doing their job. You don't make any friends when you become a flagrant azzho to LEO. You can deal with it properly and professionally without the " I know my RIGHTS" BS. You are not required to answer any incriminating questions, just be polite and think before you speak!
Post by: FC on October 28, 2011, 10:19:42 AM
Post by: pianoman9701 on October 28, 2011, 10:26:24 AM
You cannot be carrying a rifle that is .24 or larger caliber in an area that is open for deer or elk if you do not posses the corresponding license for whatever is open.
I don't know if that pertains to someone who has no hunting license at all though. :dunno:
I think you're incorrect, Lowe. You can carry any legal firearm in the woods with you in WA at any time. License or not, it is legal to be armed in WA. Does this open you up to questioning by LE? Possibly. Do you have to cooperate with them if they ask you to show ID? No, but usually it's advisable to cooperate with a reasonable request from LE.
Post by: FC on October 28, 2011, 10:33:53 AM
Post by: sirfunkeybut on October 28, 2011, 10:58:31 AM
You can "carry" a rifle of any legal caliber in the woods even during a big game season with or without a license but you may not "hunt" a species of small game such as coyotes with anything over 24 caliber during a modern firearm season.
Post by: Lowedog on October 28, 2011, 11:00:11 AM
Post by: pianoman9701 on October 28, 2011, 11:12:55 AM
That is kind of confusing. I know someone who was cited for having his big game rifle with him while accompanying a friend on and elk hunt because he didn't have an elk tag. It was his first year hunting and he was unaware and took his rifle for coyotes.
Not confusing at all. If he told the gamie he was out for coyotes without a license, he basically admitted to poaching. You're required to have a hunting license for coyotes in WA. If he had said he wasn't hunting and he had the long gun for personal protection, they couldn't have done a thing unless they caught him in the act of hunting and killing.
Post by: FC on October 28, 2011, 11:14:00 AM
my friend was with his buddy in rifle deer season and he had his .270 for coyotes(he arhery hunts) and got stopped by a gamie and they told him if he didn't have a deer tag he couldn't have anything over .24 caliberYou can "carry" a rifle of any legal caliber in the woods even during a big game season with or without a license but you may not "hunt" a species of small game such as coyotes with anything over 24 caliber during a modern firearm season.
Like i said, you can "carry" but not "hunt", Lowedog if your friend was stopped and he simply said that he was carrying it for his own protection there wouldn't be a damn thing that they could say or do about it.
Personally I can see why a guy would get a hard time over this but that is the way the law is written.
Post by: sirfunkeybut on October 28, 2011, 11:16:23 AM
Like i said, you can "carry" but not "hunt", Lowedog if your friend was stopped and he simply said that he was carrying it for his own protection there wouldn't be a damn thing that they could say or do about it.
Personally I can see why a guy would get a hard time over this but that is the way the law is written.
[/quote]
Post by: pianoman9701 on October 28, 2011, 11:18:12 AM
10. Hunting during modern firearm
deer or elk seasons:
You may not hunt wildlife during any modern
firearm deer or elk season, with any firearm
24 caliber or larger or containing slugs or
buckshot for big game, unless you have a valid
license, permit and tag for one of the following:
deer, elk, black bear, cougar, mountain goat,
bighorn sheep, or moose.
So, if you state or demonstrate that you're hunting coyotes during this time, you have to use something lower than .24. If you're not hunting and the weapon is legal in WA, no problem.
Post by: Lowedog on October 28, 2011, 11:47:46 AM
So the confusing part for me would be that if someone was just out hiking with a rifle with no license at all with the intention of carrying the rifle for protection and it is during a big game season are they breaking the law?
Post by: pianoman9701 on October 28, 2011, 11:48:47 AM
Like I said, it was his first year he ever bought a hunting license and deer tag. He did not have an elk tag in an area that was open for elk. This was a friends brother in-law. He was unaware of this law. Told the officer he brought his rifle for coyotes.
So the confusing part for me would be that if someone was just out hiking with a rifle with no license at all with the intention of carrying the rifle for protection and it is during a big game season are they breaking the law?
No, they're not. Doesn't mean they won't attract some attention from gamies or other LE.
Post by: thinkingman on October 28, 2011, 12:38:43 PM
Like I said, it was his first year he ever bought a hunting license and deer tag. He did not have an elk tag in an area that was open for elk. This was a friends brother in-law. He was unaware of this law. Told the officer he brought his rifle for coyotes.SMall game license is all that's required for coyote..either had that or he didn't?
So the confusing part for me would be that if someone was just out hiking with a rifle with no license at all with the intention of carrying the rifle for protection and it is during a big game season are they breaking the law?
Post by: Lowedog on October 28, 2011, 01:16:00 PM
Post by: jeepasaurusrex on October 28, 2011, 01:23:42 PM
Post by: pianoman9701 on October 28, 2011, 01:28:04 PM
There is a tag for coyotes? :dunno:
No, you need a big game tag if you possess a .24 or larger gun while hunting during the modern firearm deer/elk season. Deer, elk, cougar, goat, sheep, moose, or bear tag.
Post by: Lowedog on October 28, 2011, 02:07:13 PM
Post by: FC on October 28, 2011, 02:39:00 PM
This is getting way off track from the OP. Just be aware that if you are carrying a big game caliber rifle during a big game season you may be asked to show a license for that season and could be illegaly cited if you don't posses that license.
Fixed that one for ya!
Post by: kglacken on October 28, 2011, 03:27:33 PM
That's pretty much what the law states :dunno::yeah:
Post by: cwuwildcat on October 28, 2011, 07:16:03 PM
Might want to reread what I wrote. Never indicated you wrote "DEMAND". Also, I'm not on this earth to make their job easier. You want to roll over and take it in the rear wanting to be nice, so that they can do something they dont need to do, more power to ya! I've done nothing wrong, and expect to be treated that way. They expect me to follow the rules, and I expect them to do the same. They can ask me, and I expect to politely decline and go my way. They want to arrest me for doing nothing, I've got an attorney on speed dial.They can ask for identification just to be certain you are not a convicted felon and that's about it. So be kind, show them your ID let them run your name and thank them for their concern and move on.
They can ask, and you can refuse. Remember, we aren't their subjects. Unless you're suspected of having committed, or are about to commit a crime, you are under no obligation to provide id. This isn't a police state, and it isn't a stop and ID. They can't pull over cars just to make sure the driver has a license or insurance, and they can't make you give id just to see if you're a felon.
That is why I stated "They can "ASK" I never said they can "DEMAND" to see your ID.
They will, however, ask for it, so be nice and show them, don't be a hard ass they are just doing their job. You don't make any friends when you become a flagrant azzho to LEO. You can deal with it properly and professionally without the " I know my RIGHTS" BS. You are not required to answer any incriminating questions, just be polite and think before you speak!
Post by: jeepasaurusrex on October 28, 2011, 07:19:33 PM
Post by: FALFire on October 29, 2011, 06:58:49 AM
Post by: phishisgroovin on November 04, 2011, 07:07:34 PM
I wanted my Nephew armed for Up close and personal with my .38 giving my Brother in law time to use the Big gun and my Nephew a piece of mind that he wasnt unarmed.
He took the online part of hunter ed, but couldnt line up the field test part in time.
Post by: huntinguy on November 04, 2011, 07:23:47 PM
As to the concealed carry without a permit. I know it keeps getting stated that you can. Hunting regulations are different from state law. NO YOU CAN NOT CARRY CONCEALED WITHOUT A PERMIT. I have asked too many lawyers, LEO's and even a judge and they all say you will get free room and board!
Just keep it in plane site and all is good.
Post by: bobcat on November 04, 2011, 07:27:02 PM
As to the concealed carry without a permit. I know it keeps getting stated that you can. Hunting regulations are different from state law. NO YOU CAN NOT CARRY CONCEALED WITHOUT A PERMIT. I have asked too many lawyers, LEO's and even a judge and they all say you will get free room and board!
Yes you can! The law was posted previously in this thread. It's been discussed on here many times. Don't believe what law enforcment people tell you. Many of them do not know the law.
Post by: Wile E. Hunter on November 04, 2011, 07:39:18 PM
Wile E.
Post by: billythekidrock on November 04, 2011, 07:42:08 PM
That is kind of confusing. I know someone who was cited for having his big game rifle with him while accompanying a friend on and elk hunt because he didn't have an elk tag. It was his first year hunting and he was unaware and took his rifle for coyotes.
I was told that if I had a rifle for bear and my brother had a bow for elk that I could be cited if they could "put me on the elk" in anyway including pushing the elk or directing my brother to the elk. Those actions are considered hunting.
I would bet the same would be considered even if two rifle hunters were only glassing elk while one had a rifle elk tag and the other a bear tag. :dunno:
Post by: bobcat on November 04, 2011, 07:56:43 PM
No, ya can't. Carrying a concealed weapon is illegal. You can have it concealed if it's unloaded, however. Loaded and concealed? Felony.
Wile E.
What else can I say other than: :bs:
Post by: bobcat on November 04, 2011, 07:59:11 PM
| RCW 9.41.060 Exceptions to restrictions on carrying firearms. |
(1) Marshals, sheriffs, prison or jail wardens or their deputies, correctional personnel and community corrections officers as long as they are employed as such who have completed government-sponsored law enforcement firearms training and have been subject to a check through the national instant criminal background check system or an equivalent background check within the past five years, or other law enforcement officers of this state or another state. Correctional personnel and community corrections officers seeking the waiver provided for by this section are required to pay for any background check that is needed in order to exercise the waiver;
(2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;
(6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;
[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;
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.
Post by: jaymark6655 on November 04, 2011, 08:01:20 PM
Post by: CAMPMEAT on November 04, 2011, 08:45:46 PM
Post by: jaymark6655 on November 16, 2011, 07:24:42 PM
What happened to our 2nd amendment rights ?What do you mean? You can carry concealed without a permit if you are out hiking, fishing, hunting and whatever else qualifies as an outdoor activity.
Post by: Fishnclifff on November 16, 2011, 07:40:02 PM
What happened to our 2nd amendment rights ?What do you mean? You can carry concealed without a permit if you are out hiking, fishing, hunting and whatever else qualifies as an outdoor activity.
:yeah:
When you are done recreating and get back in yor car---- if you have no CCW, unload yor sidearm stow it, and drive home---if ya gots a CCW, drive home
Post by: ghosthunter on November 16, 2011, 08:00:14 PM
Yikes folks dont add stuff that isnt there. Read the law posted above by bobcat. Read the last sentence in black "is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;What happened to our 2nd amendment rights ?What do you mean? You can carry concealed without a permit if you are out hiking, fishing, hunting and whatever else qualifies as an outdoor activity.
:yeah:
When you are done recreating and get back in yor car---- if you have no CCW, unload yor sidearm stow it, and drive home---if ya gots a CCW, drive home
As long as you are traveling to or from you are exempt from the loaded handgun in the truck. You strap it on loaded drive to your outdoor activity, go for hike ,get back in your ride and drive home. No loading or unloading required ,no permit required.
Post by: scudmaster on November 16, 2011, 08:19:05 PM
Generally the first thing a Game Officer asks when they contact you is "Are you hunting or Are you fishing" If you say " NO" then they are pretty much left standing there with no grounds to ask you any further questions. If you are asked " Why are you carrying a pistol then? " Simply respond by saying "Because lawfully I can". They can ask for identification just to be certain you are not a convicted felon and that's about it. So be kind, show them your ID let them run your name and thank them for their concern and move on. If you are carrying a rifle and you are contacted regarding Hunting, you can simply state you are fearful of being attacked by Bigfoot or the drug cartel and you carry the rifle for self protection, there is really nothing they can do but perhaps think that you are a nut job and hope they can get out of the area in one piece. Just don't be a smart ass to them, be polite and courteous and thank them for their concern. They have to ask you if you are hunting or fishing so they can take the next step because they are fishing.
You do not need to have a hunting license to carry a firearm in the woods or desert as long as you are NOT pursuing any type of game animal or game bird.
Let them do their job, you be professional and they will likely return the favor.
I would add this, if you are not Hunting or Fishing, there is no obligation for you to provide ID to a game agent, even if you are open carrying. But if they suspect you are hunting or fishing and it is their professional opinion that will be the decider, then it is their call so tread lightly.
You may need to stop so they can determine if you are hunting and or fishing and or participating in an outdoor recreation. But the burden of proof is on the Officer.
Now that being said, if you antagonize too much, it may end up costing you a defense attorney retainer to prove you were right. :twocents: As FALFire said, be polite and it will turn out all right.