collapse

Advertisement


Author Topic: Legal distance from a road?  (Read 7927 times)

Offline Whitenuckles

  • Transplanted Cajun
  • Political & Covid-19 Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Jun 2009
  • Posts: 1228
  • Location: Sno valley
Legal distance from a road?
« on: November 21, 2020, 03:48:12 PM »
 I've never run into this before, but my buddy got popped on my property for being to close to a road when hunting. Just wondering if any of you guys know what the legal distance is? I can't find it in the regs.
GEAUX TIGERS

Offline Hilltop123

  • Non-Hunting Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Jan 2011
  • Posts: 2087
  • Location: Up on the Ump
Re: Legal distance from a road?
« Reply #1 on: November 21, 2020, 03:51:32 PM »
 :)

Offline Bob33

  • Global Moderator
  • Trade Count: (+2)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 21190
  • Groups: SCI, RMEF, NRA, Hunter Education
Re: Legal distance from a road?
« Reply #2 on: November 21, 2020, 03:55:23 PM »
There is no legally defined distance in Washington.

2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
Nature. It's cheaper than therapy.

Offline huntnfmly

  • Trade Count: (+36)
  • Frontiersman
  • *****
  • Join Date: Apr 2007
  • Posts: 4707
Re: Legal distance from a road?
« Reply #3 on: November 21, 2020, 04:07:12 PM »
There is no legally defined distance in Washington.

2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
What he said
The key word is negligently
I'm your dam tour guide Arnie please don’t wonder off the dam tour.
Take as many dam pictures as you want ....
Are there any dam questions ..

Offline bobcat

  • Global Moderator
  • Trade Count: (+14)
  • Legend
  • *****
  • Join Date: Mar 2007
  • Posts: 38900
  • Location: Rochester
    • robert68
Re: Legal distance from a road?
« Reply #4 on: November 21, 2020, 04:09:55 PM »
Could be a county law.

Offline 10thmountainarcher

  • Business Sponsor
  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: Oct 2010
  • Posts: 902
  • Location: Buckley
Re: Legal distance from a road?
« Reply #5 on: November 21, 2020, 04:36:05 PM »
I've never run into this before, but my buddy got popped on my property for being to close to a road when hunting. Just wondering if any of you guys know what the legal distance is? I can't find it in the regs.

What did he get cited for? I’m assuming he received a criminal citation and didn’t get taken to jail. Either way what was the crime listed?

Offline Whitenuckles

  • Transplanted Cajun
  • Political & Covid-19 Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Jun 2009
  • Posts: 1228
  • Location: Sno valley
Re: Legal distance from a road?
« Reply #6 on: November 21, 2020, 05:34:21 PM »
He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!
GEAUX TIGERS

Offline 10thmountainarcher

  • Business Sponsor
  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: Oct 2010
  • Posts: 902
  • Location: Buckley
Re: Legal distance from a road?
« Reply #7 on: November 21, 2020, 05:38:17 PM »
He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!

Yea bob33 cited the RCW, from what you described it sounds like he did nothing wrong.

Offline Oldguy

  • Trade Count: (+2)
  • Longhunter
  • *****
  • Join Date: Apr 2007
  • Posts: 665
Re: Legal distance from a road?
« Reply #8 on: November 21, 2020, 06:33:39 PM »
He was in the right . Can shoot from the center of a road if you aren't being negligible. However, bow hunters don't have this right if you read the RCW.

Offline Jingles

  • WA State Trappers Association
  • Trade Count: (+2)
  • Frontiersman
  • *****
  • Join Date: Mar 2011
  • Posts: 3868
  • Location: Methow Valley 98862
Re: Legal distance from a road?
« Reply #9 on: November 21, 2020, 07:02:35 PM »
The key words are "maintained portion of the road" which to some could mean the shoulder or to others the entire right of way. As a gammie told me once don't read ito it something that isn't there.
If the grass beside the shoulder isn't mowed it isn't maintained
HMC/USN/RET
1969 -1990
The comments of this poster do not reflect the opinions of HUNTWA Administrators or Moderators unless they so state.

The duty of a Patriot is to protect his country from it's government

Online builtfordtough

  • Trade Count: (+1)
  • Longhunter
  • *****
  • Join Date: Aug 2007
  • Posts: 549
Re: Legal distance from a road?
« Reply #10 on: November 21, 2020, 07:03:11 PM »
I always thought it was 100 feet off of any maintained county road. 

Offline Jingles

  • WA State Trappers Association
  • Trade Count: (+2)
  • Frontiersman
  • *****
  • Join Date: Mar 2011
  • Posts: 3868
  • Location: Methow Valley 98862
Re: Legal distance from a road?
« Reply #11 on: November 21, 2020, 07:12:51 PM »
I always thought it was 100 feet off of any maintained county road.

100 feet is well beyond the right of way which is normally 60 feet from centerline on paved roads less for gravel
HMC/USN/RET
1969 -1990
The comments of this poster do not reflect the opinions of HUNTWA Administrators or Moderators unless they so state.

The duty of a Patriot is to protect his country from it's government

Offline Oh Mah

  • Non-Hunting Topics
  • Trade Count: (+12)
  • Old Salt
  • ******
  • Join Date: Oct 2015
  • Posts: 6614
  • Location: region 3 Montana
Re: Legal distance from a road?
« Reply #12 on: November 21, 2020, 07:17:12 PM »
I remember clearly at hunters ed being ok shooting from the ditch as long as it wasnt across or down the roadway.and also hunters use the hunting regs for these rules.
"Boss of the woods"
(this is in reference to the biggie not me).

Offline ThurstonCokid

  • Non-Hunting Topics
  • Trade Count: (+5)
  • Longhunter
  • *****
  • Join Date: Feb 2018
  • Posts: 744
  • Location: Olympia
  • Groups: NRA, RMEF
Re: Legal distance from a road?
« Reply #13 on: November 21, 2020, 07:19:14 PM »
I remember clearly at hunters ed being ok shooting from the ditch as long as it wasnt across or down the roadway.and also hunters use the hunting regs for these rules.
This is what I was told in hunters Ed as well. They said get off the road and into ditch. The guy said “about 4 feet”


Sent from my iPhone using Tapatalk

Offline 10thmountainarcher

  • Business Sponsor
  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: Oct 2010
  • Posts: 902
  • Location: Buckley
Re: Legal distance from a road?
« Reply #14 on: November 21, 2020, 07:25:58 PM »
That law changed to what was cited by Bob33 earlier. It used to talk about shooting from the maintained portion of a roadway. Now the shot has to be negligent. Forest service roads I believe are not under the same rule because they are federal.
« Last Edit: November 21, 2020, 07:32:48 PM by 10thmountainarcher »

Offline bigtex

  • Non-Hunting Topics
  • Trade Count: (0)
  • Explorer
  • ******
  • Join Date: Dec 2009
  • Posts: 10277
Re: Legal distance from a road?
« Reply #15 on: November 21, 2020, 08:10:26 PM »
Forest service roads I believe are not under the same rule because they are federal.
:yeah:

Offline Oh Mah

  • Non-Hunting Topics
  • Trade Count: (+12)
  • Old Salt
  • ******
  • Join Date: Oct 2015
  • Posts: 6614
  • Location: region 3 Montana
Re: Legal distance from a road?
« Reply #16 on: November 21, 2020, 08:11:42 PM »
Forest service roads I believe are not under the same rule because they are federal.
:yeah:
What is the fed. rule
"Boss of the woods"
(this is in reference to the biggie not me).

Offline bigtex

  • Non-Hunting Topics
  • Trade Count: (0)
  • Explorer
  • ******
  • Join Date: Dec 2009
  • Posts: 10277
Re: Legal distance from a road?
« Reply #17 on: November 21, 2020, 08:15:31 PM »
Forest service roads I believe are not under the same rule because they are federal.
:yeah:
What is the fed. rule
It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service 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:
(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.

Offline Oh Mah

  • Non-Hunting Topics
  • Trade Count: (+12)
  • Old Salt
  • ******
  • Join Date: Oct 2015
  • Posts: 6614
  • Location: region 3 Montana
Re: Legal distance from a road?
« Reply #18 on: November 21, 2020, 08:20:16 PM »
Thanks for that.
"Boss of the woods"
(this is in reference to the biggie not me).

Online builtfordtough

  • Trade Count: (+1)
  • Longhunter
  • *****
  • Join Date: Aug 2007
  • Posts: 549
Re: Legal distance from a road?
« Reply #19 on: November 21, 2020, 08:20:56 PM »
Let's ask the hunter safety instructor who had the amazing tage in the chiwawa/entiat units. He will shed light on this.

Offline JimmyHoffa

  • Non-Hunting Topics
  • Trade Count: (+2)
  • Explorer
  • ******
  • Join Date: Sep 2010
  • Posts: 14351
  • Location: 150 Years Too Late
Re: Legal distance from a road?
« Reply #20 on: November 21, 2020, 08:51:31 PM »
Forest service roads I believe are not under the same rule because they are federal.
:yeah:
What is the fed. rule
It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service 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:
(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.
I think there is also something in regards to a distance from a trailhead (developed?) in a national forest.  Along the road or even if on foot on the trail, having to be be 100' away. 

Offline bigtex

  • Non-Hunting Topics
  • Trade Count: (0)
  • Explorer
  • ******
  • Join Date: Dec 2009
  • Posts: 10277
Re: Legal distance from a road?
« Reply #21 on: November 21, 2020, 09:22:47 PM »
Forest service roads I believe are not under the same rule because they are federal.
:yeah:
What is the fed. rule
It's not a fed rule but just the forest service. Each federal land management agency has their own regs. This is the one that applies on Forest Service 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:
(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.
I think there is also something in regards to a distance from a trailhead (developed?) in a national forest.  Along the road or even if on foot on the trail, having to be be 100' away.
:yeah:
(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

Offline Gobble Gobble

  • Proud Daddy & Disabled Veteran
  • Political & Covid-19 Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Dec 2008
  • Posts: 1042
  • Location: Yakima, WA
  • B.O.H.I.C.A.
Re: Legal distance from a road?
« Reply #22 on: November 21, 2020, 09:31:50 PM »
I always thought it was 100 feet off of any maintained county road.

100 feet is well beyond the right of way which is normally 60 feet from centerline on paved roads less for gravel

The legal right-of-way for roadway usage varies from road to road and typically is measured from centerline of roadway (easily located by the wire fence found running along most highways here in WA). The larger the roadway typically the larger the usage right-of-way. Then you get into access easements for usage and utility beyond the roadway right-of-way. Whitenuckles said, "He says he was 40-50 yards off the road," that's 120' to 180' off the edge of roadway.  The largest right-of-ways I have personally dealt with in my line of work is 180' and that's was for a major USBR canal that flows year round. You would have to look at past land surveys for this parcel(s) of land or neighboring parcel(s) adjacent to the roadway should tell you what that right-of-way is and any easements beyond that. I highly doubt he was within any legal area of right-of-way or easement so they should have no case for being within said area. Is this parcel within a firearms restriction area? So unless the GW witnessed or has a sworn statement from someone who witnessed some sort of negligent discharge towards the roadway this friend should be in the right. Sounds like someone didn't get a warm fuzzy with their choice of hunting locations and reported it.
God Bless,
Scott

Offline Caseyd

  • Site Sponsor
  • Washington For Wildlife
  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: Aug 2007
  • Posts: 2914
  • Location: Washington
Re: Legal distance from a road?
« Reply #23 on: November 21, 2020, 10:49:37 PM »
He didn't get cited. Just warned. We have 680 acres that have 4 permanent blinds, but my buddy decided to hunt on the road side of the property. Which I have done before.  We aren't shooting towards the road! He says he was 40-50 yards off the road. Just wondering why they contacted him for it, and more importantly the laws about it! The wardens in my area have a terrible reputation about making their own laws. 2 wardens have been to court about it. I won't go into details. I really just want to know the LAW!

Is the ground farmed? Cattle grazing? Would they have citied someone for trespassing? If so then how could he have been shooting from the road.

Look at your county setback for the road in question

Online bearpaw

  • Family, Friends, Outdoors
  • Administrator
  • Trade Count: (+10)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 37052
  • Location: Idaho<->Colville
  • "Rather Be Cougar Huntin"
    • http://www.facebook.com/DaleDenney
    • Bearpaw Outfitters
  • Groups: NRA, SCI, F4WM, NWTF, IOGA, MOGA, CCOC, BBB, RMEF, WSTA, WSB
Re: Legal distance from a road?
« Reply #24 on: November 22, 2020, 06:34:44 AM »
There is no legally defined distance in Washington.

2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
What he said
The key word is negligently

 :yeah: This is the correct answer, I have had discussions specifically with wardens because I want to know exactly what the law is. The key word is negligently! If you shoot "negligently" along or across a road then you break the law!

This was changed by the legislature several years ago, before that change was made you could not shoot from along or across a road at all.
Americans are systematically advocating, legislating, and voting away each others rights. Support all user groups & quit losing opportunity!

http://bearpawoutfitters.com Guided Hunts, Unguided, & Drop Camps in Idaho, Montana, Utah, and Wash. Hunts with tags available (no draw needed) for spring bear, fall bear, bison, cougar, elk, mule deer, turkey, whitetail, & wolf! http://trophymaps.com DIY Hunting Maps are also offered

Offline bobcat

  • Global Moderator
  • Trade Count: (+14)
  • Legend
  • *****
  • Join Date: Mar 2007
  • Posts: 38900
  • Location: Rochester
    • robert68
Re: Legal distance from a road?
« Reply #25 on: November 22, 2020, 07:21:28 AM »
The word negligently was always in the law. But the word negligently was not used in the hunting season pamphlet.

Offline Oh Mah

  • Non-Hunting Topics
  • Trade Count: (+12)
  • Old Salt
  • ******
  • Join Date: Oct 2015
  • Posts: 6614
  • Location: region 3 Montana
Re: Legal distance from a road?
« Reply #26 on: November 22, 2020, 09:55:24 AM »
i'm glad to see all of this stuff about the road thing but i must say,a guy 1 camp up from us 2 years ago got cited for shooting a target on the other side of the road.no vehicles were on the road or even passed within an hour or so of him shooting.the warden was at our camp bs ing with us about the season and stuff(very nice person) when the shot rang he just looked at us and said"did he really just do that" laughingly he went up there and gave the guy a citation.the shooter assumed we snitched him out but we simply told him "hey dummy didnt you see him down at our camp for the past 1/2 hour 45 min.

So anyway seems to me the neg. part is up to the warden whether it is or not.

TOO MANY GREY RULES IN THE REGS. WHERE THEY COULD BE STRAIGHT UP.  :twocents:
"Boss of the woods"
(this is in reference to the biggie not me).

Offline bobcat

  • Global Moderator
  • Trade Count: (+14)
  • Legend
  • *****
  • Join Date: Mar 2007
  • Posts: 38900
  • Location: Rochester
    • robert68
Re: Legal distance from a road?
« Reply #27 on: November 22, 2020, 10:01:01 AM »
That's exactly right. If the warden says it's negligent, then it is. So I guess the thing to remember is don't shoot from a road if there's a chance a warden is watching.

Offline Oh Mah

  • Non-Hunting Topics
  • Trade Count: (+12)
  • Old Salt
  • ******
  • Join Date: Oct 2015
  • Posts: 6614
  • Location: region 3 Montana
Re: Legal distance from a road?
« Reply #28 on: November 22, 2020, 10:02:15 AM »
 :chuckle: :chuckle: Theres always a chance lol.I saw the warden this year up on 340 watching hunters on 342.Sweet spotting scope set up on drivers side window.
"Boss of the woods"
(this is in reference to the biggie not me).

Offline bornhunter

  • Political & Covid-19 Topics
  • Trade Count: (+1)
  • Sourdough
  • *****
  • Join Date: Mar 2018
  • Posts: 2499
  • Location: Lewis County
  • Groups: NRA, RMEF, Wa Cattlemens Assc, Stevens County Cattlemens Assc
Re: Legal distance from a road?
« Reply #29 on: November 22, 2020, 11:31:55 AM »
And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?

Offline Bob33

  • Global Moderator
  • Trade Count: (+2)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 21190
  • Groups: SCI, RMEF, NRA, Hunter Education
Re: Legal distance from a road?
« Reply #30 on: November 22, 2020, 11:49:25 AM »
And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?
The term is "public highway", not road. It includes essentially all roads, streets, highways and other driveable surfaces open to the public. :tup:
Nature. It's cheaper than therapy.

Offline Gobble Gobble

  • Proud Daddy & Disabled Veteran
  • Political & Covid-19 Topics
  • Trade Count: (0)
  • Sourdough
  • *****
  • Join Date: Dec 2008
  • Posts: 1042
  • Location: Yakima, WA
  • B.O.H.I.C.A.
Re: Legal distance from a road?
« Reply #31 on: November 24, 2020, 08:32:22 PM »
And then there is the definition of a road. Walking on a forest service road and shoot a grouse? Guess that is up to the warden too?
The term is "public highway", not road. It includes essentially all roads, streets, highways and other driveable surfaces open to the public. :tup:

It has been explained to me "public highway" is as you said, "essentially all roads, streets, highways and other driveable surfaces open to the public" with an addition of... if it is maintained by public funds i.e. tax dollars it is classified as a "public highway."
God Bless,
Scott

Offline HereDuckyDucky

  • Trade Count: (+2)
  • Hunter
  • ***
  • Join Date: Apr 2010
  • Posts: 159
  • Location: Pateros, WA
Re: Legal distance from a road?
« Reply #32 on: November 24, 2020, 08:40:46 PM »
The word negligently was always in the law. But the word negligently was not used in the hunting season pamphlet.

Ding, ding, ding. We have a winner....

RW

 


* Advertisement

* Recent Topics

Bearpaw Season - Spring 2024 by bearpaw
[Today at 11:45:41 AM]


Walked a cougar down by Rainier10
[Today at 11:17:49 AM]


Springer Fishing Opportunity 3/29 & 3/30 by xXLojackXx
[Today at 10:13:39 AM]


SB 5444 signed by Inslee on 03/26 Takes Effect on 06/06/24 by hughjorgan
[Today at 09:03:26 AM]


Springer 2024 Columbia River by WSU
[Today at 08:31:10 AM]


Average by lhrbull
[Today at 07:31:56 AM]


Let’s see your best Washington buck by Pathfinder101
[Today at 07:22:11 AM]


CVA optima V2 LR tapped hole for front sight by Remdawg
[Today at 07:09:22 AM]


Which 12” boat trailer tires? by timberhunter
[Yesterday at 08:22:18 PM]


Lowest power 22 round? by JakeLand
[Yesterday at 08:06:13 PM]

SimplePortal 2.3.7 © 2008-2024, SimplePortal