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OT: Grant County laws on ORV weapon carry

glock23

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Jun 29, 2007
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81
Location
Clark County, Washington, USA
I seem to be unable to find the Grant County Code, but I just passed a sign at the moses lake sand dunes that said 'carry or transport of a loaded weapon in a ORV is illegal'....uhhhhh?
 

Freedom1Man

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Jan 14, 2012
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4,462
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Greater Eastside Washington
Title 77 RCW
FISH AND WILDLIFE (Formerly: Game and game fish)

So, why is it under that section? It would seem to me to only apply to those who are engaged in hunting.
 

hermannr

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Mar 24, 2011
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Okanogan Highland
Title 77 RCW
FISH AND WILDLIFE (Formerly: Game and game fish)

So, why is it under that section? It would seem to me to only apply to those who are engaged in hunting.

now go look at the "definitions" section for RCW 77. Only applies to long guns (rifle or shotgun)
 

Freedom1Man

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Greater Eastside Washington
now go look at the "definitions" section for RCW 77. Only applies to long guns (rifle or shotgun)

While I did see that, it should have been under RCW .41.xxx if it was for general activities.
Since it's under RCW 77.xxx it would only apply to those who have a hunting license.

Unless I can reasonably find information on counties in RCW 26.xxx
 

hermannr

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Mar 24, 2011
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2,327
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Okanogan Highland
. I remember something about snowmobiles in the RCW about weapons

That interpretation is arguable. When they changed the snowmobile RCW last time they used the word "weapons" instead of firearms. Does RCW 46.10.495(2) trump or change the conflicting law in RCW 9.41? or not? I think not. If you read RCW 46.10.495(2) you can see they were concerned about poaching and wildlife harassment not carry for self defense.

RCW 46.10.495(2) No person shall operate a snowmobile in such a way as to run down or harass deer, elk, or any wildlife, or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW 77.32.237.

To my knowledge this question has not been through the courts, and until it has, we will not know for sure
 

hermannr

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Mar 24, 2011
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2,327
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Okanogan Highland
I'm quoting a sign i saw at the Moses Lake Sand Dunes and trying to understand if they are right and if there is such a law.

You might want to contact whoever is responsible for that recreational area and ask them to provide the law, or change the sign. I would bet they cannot provide the law, as, unloaded, even long guns are legal.
 

hermannr

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Mar 24, 2011
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2,327
Location
Okanogan Highland
Washington state laws it is a criminal offense to:

Carry, transport, or convey a loaded weapon in or upon any non-highway vechicle

Wrong. In RCW 77 It says "firearm" not weapon, and it is the F&W "firearm" definition, that is a long gun. The only place that "weapon" is the term used, is in RCW 46.10.495, and that concerns snowmobiles anyway. In RCW 9.41.050 the term is "loaded pistol and then the exceptions are in RCW 9.41.060. As, generally speaking, if you were using an ORV, you would be participating in an outdoor recreational activity, and you would be exempt from the prohibitions in RCW 9.41.050 anyway. (RCW 9.41.060(8))

http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41
 
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hermannr

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Mar 24, 2011
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2,327
Location
Okanogan Highland
As I was searching through the RCW's for information relative I can across this: (and find it very interesting...my bold)


RCW 4.24.210

Liability of owners or others in possession of land and water areas for injuries to recreation users — Known dangerous artificial latent conditions — Other limitations.


(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hanggliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.


I guess we can now sue DNR (and other public entities) for injuries incurred on their property, as the "discover pass" for the use of state lands is definitely a "FEE".
 
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