Washington State Alert

[mpmarty]

URGENT ACTION: TELL WASHINGTON FISH & WILDLIFE NOT TO BAN SHOOTING
This Friday, Dec. 7 Washington State Fish & Wildlife Commission will be considering a proposal to shut down or restrict recreational shooting on lands owned or controlled by the Department of Fish & Wildlife (WDFW).

CCRKBA members across the country should pay attention because if wildlife managers can do this in Washington State, it could set a dangerous trend for natural resource agencies in other states to try the same thing.

The commission will meet in Port Angeles, Wash. to consider proposed rules that would authorize the WDFW to prohibit the discharge of firearms on any or all portions of department land at any time, for any reason. In addition, the proposed rule would establish a 1,000-foot diameter "No Shooting Zone" around all designated campgrounds, regardless of any specific conditions at individual sites that would allow safe shooting within this arbitrary boundary.

Also, shooters could be penalized for "littering" under this proposed rule change if they fail to pick up every spent shell casing or other debris left over from their shooting session.

Additionally, the rules would require strict obedience to instructions from officers regarding use of department lands, even if the instructions have no basis in law or regulations.

"This proposal should be nipped in the bud," said CCRKBA Chairman Alan Gottlieb. "We’ve been battling the U.S. Forest Service for the past two years over the issue of recreational shooting on public land."

Specific Issues

In the proposed new section, WAC 232-13-110(2) "it is unlawful to fail, neglect or refuse to obey the directions of such officers regarding the use of department lands." This language is excessively overbroad, and needs to be limited to only those instructions with a basis in law or regulation. As is, this section may well be unconstitutional.

In the proposed new section, WAC 232-13-130(1)(b) "Shooting from or within 500 feet of a department designated campground" or in "those portions of department lands where or when such discharge is prohibited by department posted notice". This section would arbitrarily prohibit shooting within 500 feet of any designated campground, regardless of actual conditions at particular campgrounds that may permit safe shooting. Additionally, this section permits a total and complete ban on all shooting on all WDFW lands--all they have to do is post it.

In the proposed new section, WAC 232-13-130(1)(c) in regards to target shooting, "Failure to remove any debris constitutes littering." While all responsible shooters clean up after themselves, there needs to be a "Good Faith" standard here to discourage overzealous or uneven enforcement.

In the proposed new section, WAC 232-13-130(2) "The department may designate locations and times for target practice." Once again, this section permits the WDFW to completely ban shooting on all WDFW property at all times.

Washington citizens have an individual right to keep and bear arms. We also have a long and proud tradition of hunting and shooting sports. Our rights and our traditions require that we have appropriate places to excercise our rights and to practice our traditions. Enabling a complete ban on shooting, arbitrary and capricious limitations on shooting, overbroad power grabs, and unreasonable standards of guilt have no place in Washington.

We encourage the Commission to correct these errors prior to approving these new regulations.

CCRKBA members can contact the Washington Fish & Wildlife Commission via e-mail at: [email protected] or by fax at (360) 902-2448.

The meeting agenda (item #9) is online at: http://wdfw.wa.gov/com/dec0807.htm

The proposed rule change may be viewed on-line at: http://wdfw.wa.gov/com/dec0807_9_conduct.pdf

 

[Fisherman_48768]

When did the land bought and paid for with tax payers money ever convert to Fish and Game possession? Bet the same department is wondering why there are fewer hunters and less money available to them from fewer license sales.

 

[Dave Workman]

Fisherman, for your edification, the Washington Department of Fish & Wildlife owns or manages tens of thousands of acres of public land in Washington state. much of it is winter range for elk, deer and other animals, some of it is wildlife recreation areas, boat launches, that sort of thing. That land was paid for by hunters and anglers, and through federal excise tax apportionments from the Pittman-Robertson, Dingell-Johnson and Wallop-Breaux funds.

All that said, being a life-long Washingtonian with no particular fondness for the "Washington Department of NO Fish and NO Wildlife" (they're more into "watchable wildlife" than they are into "harvestable wildlife") this proposal plain stinks. I will dig around and find out where it came from.

Not only has the NRA sent out an alert, so did the Citizens Committee for the Right to Keep and Bear Arms, which is based in Bellevue, Washington, so it has a real stake in this situation.

Should anyone decide to send an e-mail or fax, please remember to keep it simple, stay on point, don't get hysterical and maintain your cool. And share those posts with us here, or at least me off line.

Oh, and remember, sign them with your full name and address.

 

[cyclist]

Sounds sort of like if a department officer tells you to dance like a chicken then you'd have to dance like a chicken.

The littering aspect could be applied to spend rounds as well, so bring a shovel and dig out the bullets.

Also sounds like they functionally want to ban all hunting on their controlled lands.

I learned a long time ago that even though the people "own" park land, those same people can be charged with tresspassing upon that land if it is closed. Had this explained to me decades ago when I was down fishing at Lake Washington while on park land that wasn't open to the public yet. Bummer, it was a good fishing spot, good for crawdads as well. But I digress, and I don't live out there anymore.

Looks like I"ll have to start practicing my chicken dance next time I'm out that way visiting relatives.

 

[lance22]

You are on the King's land; you are not allowed to hunt here.

 

[Bobarino]

9.41.290

RCW 9.41.290
State preemption.


The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

they'll have to go through the process of making it a WAC or an RCW in order for it to be enforcible no?

Bobby

 

[Polishrifleman]

Here is the specific section that most of us are referring to. There is also a section about road closures, tree stand removal and placement etc... It is fairly wide ranging and I hope we aren't to late in taking this up.

WAC 232-13-130 Firearms and target practicing. (1)(a) It
is unlawful to discharge tracer or incendiary ammunition on
department lands.
(b) It is unlawful to discharge firearms in those portions
of department lands where or when such discharge is prohibited
by department posted notice or from or within five hundred feet
of a department designated campground. Violating this
subsection is a gross misdemeanor if the violation creates a
substantial risk of death or serious physical injury to another
person, pursuant to RCW 9A.36.050.
(c) It is unlawful to fail to remove expended shell
casings, ammunition packaging, or other related target debris,
excluding clay pigeons, when target practicing on department
lands at the conclusion of the target practice session and prior
to departure from the area. Failure to remove any debris
constitutes littering.
(d) The use of glass, signs, appliances, mattresses, TVs,
furniture, and exploding items as targets in target practicing
is prohibited.
(2) The department may designate locations and times for
target practicing.

I really like the last part where they can regulate shooting at a whim. Please write in.

 

[Aguila Blanca]

they'll have to go through the process of making it a WAC or an RCW in order for it to be enforcible no?

Ummmm ... they ARE the State. The state preemption law restricts inferior levels of government, not State agencies.

 

[dave_pro2a]

btt, send your emails.

 

[dave_pro2a]

To [email protected]

Sub: Reject the proposed WAC 232-13-130

To whom it may concern,

I am very concerned by the proposed changes to firearm use on PUBLIC LAND that is managed by the Department of Fish and Wildlife.

Specifically:

In the proposed new section, WAC 232-13-110(2) "it is unlawful to fail, neglect or refuse to obey the directions of such officers regarding the use of department lands."

This language is excessively overbroad, and needs to be limited to only those instructions with a basis in law or regulation. As is, this section may well be unconstitutional.

In the proposed new section, WAC 232-13-130(1)(b) "Shooting from or within 500 feet of a department designated campground" or in "those portions of department lands where or when such discharge is prohibited by department posted notice".

This section would arbitrarily prohibit shooting within 500 feet of any designated campground, regardless of actual conditions at particular campgrounds that may permit safe shooting.

Additionally, this section permits a total and complete ban on all shooting on all WDFW lands--all they have to do is post it. There's no checks and balances, there's no due process or common sense. Just the draconian power to ban a legitimate sporting activity.

In the proposed new section, WAC 232-13-130(1)(c) in regards to target shooting, "Failure to remove any debris constitutes littering."

While all responsible shooters clean up after themselves, there needs to be a "Good Faith" standard here to discourage overzealous or uneven enforcement.

In the proposed new section, WAC 232-13-130(2) "The department may designate locations and times for target practice."

Once again, this section permits the WDFW to completely ban shooting on all WDFW property at all times.

All of the above proposed changes need to be rejected. The proposed WAC 232-13-130 needs to be rejected.

Current laws have been working. We do not need additional rules, regulations or laws. Public land is for public use, and shooting related sports are a legitimate activity.

Signed, a concerned Washington State Voter

Name

phone number

address

 

[dave_pro2a]

To [email protected]

Sub: Just say NO to changing WAC 232-13-130

Please reject the proposed WAC 232-13-130

I have many issued with the proposed changes, such as:

WAC 232-13-110(2) "it is unlawful to fail, neglect or refuse to obey the directions of such officers regarding the use of department lands."

This language is goes too far, it needs to be limited to only those instructions with a basis in law or regulation. As written this section might very well be unconstitutional.

WAC 232-13-130(1)(b) "Shooting from or within 500 feet of a department designated campground" or in "those portions of department lands where or when such discharge is prohibited by department posted notice".

This is simply an arbitrarily rule with no basis in common sense. It would prohibit shooting within 500 feet of any designated campground, regardless of the actual conditions at particular campgrounds that may permit safe shooting.

This proposed rule would also permit a total and complete ban on all shooting on all WDFW lands--all they have to do is post it. There's no checks and balances, there's no due process or common sense. This is an example of the draconian power to ban a legitimate sporting activity. It appears to be an actively anti-firearms rule.

WAC 232-13-130(1)(c) "Failure to remove any debris constitutes littering."

Most folks who enage in the legitimate activity of target shooting will ALWAYS clean up after themselves -- thus the proposed rule is redundant. At the very least there MUST be a "Good Faith" standard here to discourage overzealous or uneven enforcement.

Would you pass a law saying that a fisherman is 'responsible' for collecting every fish hook he ever loses? No, of course not. That would be absurd. So why pass a similar law that is biased against those who engage in a legitimate sporting activity?

WAC 232-13-130(2) "The department may designate locations and times for target practice."

Once again, this section permits the WDFW to completely ban shooting on all WDFW property at all times -- with no public oversight or accountability.

Please REJECT WAC 232-13-130. It is an ill-thought out proposal with consequences that seriously impact the legitimate use of PUBLIC LANDS.

Our current laws have been working. Additional rules, regulations or laws are not needed. I believe that public land is for public use, and that shooting sports are a legitimate activity.

Signed,

 

[dave_pro2a]

To [email protected]

Sub: Leave WAC 232-13-130 alone

For your consideration,

Leave WAC 232-13-130 alone. Your proposed changes are not needed, and would infringe on a legitimate use of public lands.

WAC 232-13-110(2) "it is unlawful to fail, neglect or refuse to obey the directions of such officers regarding the use of department lands."

So the officer could give an illegal or unconstitutional order, but a citizen would still be bound to obey it? This is very poorly worded, the officer should only be empowered to give orders which conform to a law or codified regulation.

WAC 232-13-130(1)(b) "Shooting from or within 500 feet of a department designated campground" or in "those portions of department lands where or when such discharge is prohibited by department posted notice."

Will you paint circle, 500' in diameter, around every recognized campground? Do you expect each person to bring a tape measure with them in order to use public lands?

What about campgrounds that are directly adjacent to an area perfectly suited to the safe use of firearms?

Where's the common sense? If your goal is to keep people safe, then there are already laws on the book that cover the dangerous use of firearms -- apply those laws if a person is truly acting in an unsafe manner.

WAC 232-13-130(1)(c) "Failure to remove any debris constitutes littering."

As the NRA requested, there needs to AT LEAST be a good faith clause in this section. It is simply not realistic to hold anyone to such a 100% standard. Even 'ultra-light' campers leave some foot prints behind when using public land.

Anyone can make an honest attempt to clean up their debris, and not catch all of it. To punish someone for not being 100% perfect simply does not make any sense, it is unrealistic and would have a chilling affect on a legitimate sporting activity.

WAC 232-13-130(2) "The department may designate locations and times for target practice."

Why not just say you want to ban shooting on public land, because with this section it seems you want to do just that. Total, dictatorial control over where and when. What happened to the 'public' part of public lands? Those who use firearms have just as much right to enjoy their hobby as a camper or hiker -- and they should have the right to utilize ANY safe location, at ANY time they choose.

I am very disappointed by the proposed changes to WAC 232-13-130. This measure should be resoundly REJECTED!

Sincerely,

 

[dave_pro2a]

Send your emails

Even if you're not a WA resident... you can still include a blurb about "TOURIST DOLLARS" and "MISSED REVENUE" !!!

"I'm not a Washington State resident, but your proposed changes will cause me to spend my tourist dollars in a different state. You will MISS REVENUE because of your proposed changes."

 

[dave_pro2a]

btt.

Please take 30 seconds to cut and paste an email... win some good Karma