I am aware of how official AGO's are procured, this not being an official AGO. This is simply correspondence with the AG office, that's not to mean that their opinion is irrelevant as this is the lawyer tasked to the firearms items for the AG.
I was critical of their response and had followup phone calls with them as well, even though some people here didn't see the point. That can be followed here:
http://forum.opencarry.org/forums/showthread.php?107328-Even-the-AG-office-has-it-wrong
Definition of 'Recreation': a pastime, diversion, exercise, or other resource affording relaxation and enjoyment.
At the very least its ambiguous, in my opinion. If a prosecutor could make the case that you are bicycling to work, like you do daily or able to setup some sort of other repetitive history, would one be able to say that your not actually exercising a recreational activity but just traveling and using the bicycle as a means of transport?
Can I apply the same recreational activity exception to my motorcycle riding since I only do so for relaxation and enjoyment in the outdoors, I might be on a road but to me I am recreating just like someone on a bicycle.
I don't necessarily believe that just because your on a bicycle that your automatically considered performing an outdoor recreation activity.
I am not just trying to be argumentative.
- A bicycle is defined as a vehicle in the RCW's.
- The consensus of those here believe that the in/on language of RCW 9.41.050(2)(a) CPL requirement applies to a motorcycle. (thus I would claim the same applies on a bicycle)
- Does riding a bicycle automatically mean that your performing an outdoor recreational activity. Even if your not doing it for relaxation or enjoyment but as a means to transport daily.
- The outdoor recreational activity is an exception, the onus is on the individual to claim the exception.
When giving advice, I would rather error on the side of caution. 99% of the time it may prove to be no issue or non-event. I sure don't want to tell someone they can go do something and they end up being the 1% with a LEO or prosecutor trying to push the limits and result in a test case.
As always, if you want a real legal opinion then consult with a real attorney because I am just some yoke on the internet (in Montana no less!).