Discharging a firearm across, along, from a road?? [Archive] - Glock Talk

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Luke77
12-06-2004, 14:58
Okay, here is what the Revise Code of Washington says about it:

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.


But if you notice, it says "negligently shoots". Just what does that mean? Does it mean you cant shoot across a road if there are cars traveling on it, or does it mean you cant shoot across a road PERIOD?

noway
12-06-2004, 15:09
1st off why would you have to shoot across a paved road outside of a justified shooting ?

I think the neglient statement is because you shouldn't have a valid reason to shoot across a road or adjacent to road and most states hunting regs restrict this method also.

In most places I've been at, they will arrest you or seize you weapon and if you do it from a vehicle, the car/truck.

It's bad practice todo "road hunting" and unsafe for you, passer-bys, etc.....

Luke77
12-06-2004, 15:30
Actually, a valid reason would be out in the corn fields that you are watching and a deer runs across one of the gravel roads. That road is still considered a "highway", even though hardly any traffic passes on it. It's really easy to do here in Washington.

Also, I had a sheriff check my license a few years ago after I shot a deer across a gravel road. He didn't say a word about it. He asked me where I shot it from and where the deer was. I showed him and said, well congrats and have a good one. That's why Im asking.

From other definitions of negligent, I get the feeling that it means if firing across a road that is populated with houses, people, or cars.

BillRiley
12-06-2004, 15:34
This statute does not deal with what you CAN do (except for police and disbaled), it merely addresses what you CAN'T do. You can't read anything into a statute that is not there. It may very well be that non-negligent use would be a public endagerment/ disorderly conduct type crime.

noway
12-06-2004, 15:50
{Actually, a valid reason would be out in the corn fields that you are watching and a deer runs across one of the gravel roads}

You try that here and you will be in a whole heap of trouble. I think it also depends on if the road is public used and paved. So in your case, the gravel road MIGHT 100% okay. I myself don't hunt from the road. I have too actually do alittle bit of work likely hiking into woods, stalking, setup, and finding the game etc..... park/stopped/walking along a roadway and watching/waiting for game to take is not hunting in my book. Now if it's one of those roadways where in the hunting grounds, I might looked the other way. ;)

just my 0.02ct opinions and not to be taken for critizicism.

Only other person that I've seen do what you described , was both leg amputated guy in wheelchair. It was kinda strange at first, but after I talked to the guy and found out he was injured in a machinery accident. He even stated he would love to be carried 10-20yrs into the woods to hunt. So me and the guy he came with carried him and his chair about 35yrds in on a trail. So if a handicap or physical challenge guy can get off the roadway to hunt, I would assume that grown adult with full use of their limbs can do the same.

once again my 0.02c opinions.


btw, this handicap guy had a camo wheelchair. I have a picture of it somewhere and will try to scan and post it if i find it.

modgun
12-06-2004, 15:54
I am pretty well versed in my rcw, and while in Eastern Wa, in an unpopulated area, over a dirt road you may not get in trouble, I guarantee if you come over to the West side of the Mts and get caught shooting from over etc, the road you are getting busted.

There are rcw exemptions for this in regards to the disabled hunter/shooter, but I forget the exact details.

Luke77
12-06-2004, 16:01
To have you better understand this, because I want to make it clear I dont road hunt, I have drawn a pic of the set up. From where I shot the animal, I couldn't see the road at the bottom of the canyon (or large draw better yet). The shot was around 400 yards away when I hit the deer.

Thinking this out now, I guess it's all discretion from the officer. There was little or no chance I would have hit a car, since it was at the bottom of the draw.

shrpshtr
12-07-2004, 07:10
Originally posted by Luke77
To have you better understand this, because I want to make it clear I dont road hunt, I have drawn a pic of the set up. From where I shot the animal, I couldn't see the road at the bottom of the canyon (or large draw better yet). The shot was around 400 yards away when I hit the deer.

Thinking this out now, I guess it's all discretion from the officer. There was little or no chance I would have hit a car, since it was at the bottom of the draw.

hey luke, the only concern i would have is the depth of the draw/canyon your talking about. if it is more than 100' or so then i can't imagine an officer would get you for that. i think safety is the main concern here. typically laws like these are put in places for idiots who will go out and shoot across an eye-level road with a car driving down it (obviously negligent discharging of a firearm), etc.

the best person to ask though is your local game warden. most of them don't mind interpreting laws, etc. for you, it's their job. 9 times out of 10, they won't mess with you too much anyway because they see you are at least making an effort to stay legal.

ILikeFtLbs
12-15-2004, 16:58
I don't think Washington uses the Model Penal Code, but I would assume their definition of negligence is similar.

"A person acts negligently with respect to a material element of an offense when he should be aware of substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation."

The shooting of the firearm has to be negligent, so it depends on whether the act of shooting across the road is a negligent act, or there need to be other conditions present like people or cars traveling on it to make it negligent. I have no idea, and I would suggest never shooting across a road if you don't want to get in trouble.

WalterGA
12-15-2004, 17:36
To the best of my knowledge, Washington is also the only State in which one doesn't have to have attended law school to stand for the Washington Bar and become a lawyer. That's truly anachronistic!

duncan
12-23-2004, 01:10
Originally posted by WalterGA
To the best of my knowledge, Washington is also the only State in which one doesn't have to have attended law school to stand for the Washington Bar and become a lawyer. That's truly anachronistic!

What WalterGA?

I know California has a baby bar but try getting a lawyer job without a law school behind your application!


Never met an attorney here who didn't. I recall it's possible.

Anyway, a wildlife officer probably would not cite for that action.

But if you shoot across a visible road from your stance, sorry but you might lose the rifle, any guns on you and maybe your car or truck.

duncan
12-23-2004, 01:12
Originally posted by ILikeFtLbs

The shooting of the firearm has to be negligent, so it depends on whether the act of shooting across the road is a negligent act, or there need to be other conditions present like people or cars traveling on it to make it negligent. I have no idea, and I would suggest never shooting across a road if you don't want to get in trouble.

Please don't practice law in my state - your interpretation is wrong. But your advice is right on.

ILikeFtLbs
12-23-2004, 10:40
Never said I was a lawyer.

isp2605
12-23-2004, 17:52
Originally posted by Luke77
Actually, a valid reason would be out in the corn fields that you are watching and a deer runs across one of the gravel roads. That road is still considered a "highway", even though hardly any traffic passes on it. It's really easy to do here in Washington.


Why would that be a valid reason? Nothing says you have to shoot a deer just because you saw it. I've been hunting deer for almost 40 yrs and I've passed up hundreds of deer because the shooting situation wasn't right. Remember one of the rules of hunting - check your backstop!
And what the heck is "hardly any traffic"?!?!?!? Well, that certainly sounds safe. Let me know when you're going to be out hunting, I'll stay home. Hardly ever?!?!?;g
You try that stuff in IL and as Noway wrote you'll lose gun, truck, and your privilege to hunt. And just because the sheriff didn't do anything doesn't mean squat. It sounds like he didn't see you commit the crime.
And we wonder why some people are anti-hunting. :soap: