Quick help on regs

[CouesFanatic]

Do you what the law is on shooting from a highway? What is the distance you must be from the road or highway? I found this in the regs but I still don't know:

 

A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway.

 

And there is no road hunting going on. If you are hunting antelope and see a buck out in the flat, park your truck and then move out a bit for a shot. How far is legal?

[654321]

Do you what the law is on shooting from a highway? What is the distance you must be from the road or highway? I found this in the regs but I still don't know:

 

 

 

 

A person shall not take wildlife, except aquatic wildlife, or discharge a firearm or shoot any other device from a motor vehicle, including an automobile, aircraft, train or powerboat, or from a sailboat, boat under sail, or a floating object towed by powerboat or sailboat except as expressly permitted by the commission. No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway. [/size]

 

 

 

 

And there is no road hunting going on. If you are hunting antelope and see a buck out in the flat, park your truck and then move out a bit for a shot. How far is legal?

 

As long as you don't shoot from or across a road you are legal.

[520HUNT]

You can be 1" from it, as long as you don't shoot across it, from it, or onto it.

[CouesFanatic]

thanks guys

[Flatlander]

FYI the shoulder and ditch adjacent to the road are considered part of the roadway.

[AZLance]

The definition as determined by the courts are a "maintained" road. This means that the road has to have regular and scheduled maintenance. This would include Freeways, Highways, paved roads, and dirt roads that are regularly maintained by the federal govt, state or a municipality. So any graded road is considered maintained. Two tracks are NOT included in this. In prior court cases, people cited for shooting from, across, or onto a two track, who actually retrieved the maintenance records for such roads had their citations thrown out. Now, Flatlander brings up a good point(grey area) in the rules. Where does the maintained roadway end and begin? A graded road is pretty simple...there is a small mound of dirt on both side left by the grader, step over that and you are off the road. But a paved road brings up lots of issues. Once you leave the pavement are you OK? What is the shoulder? Does the shoulder have to be maintained? And what about the land between the side of a highway and the right of way fence which is sometimes up to 100' from the road. My guess would be that if shoulder and drainage ditch are maintained (ie:; landscaped) you have to go beyond it. But it you step off of the pavement on a rural highway and are in 2' high grass(like hwy 83 below), I can't imagine them claiming you are on the road.

 

[IA Born]

In Hunter Ed, we teach the definition as "maintained right of way." In AZLance's example, as explained by the WMs who help teach the regs section, you must be outside of the ROW fencing.

[520HUNT]

In Hunter Ed, we teach the definition as "maintained right of way." In AZLance's example, as explained by the WMs who help teach the regs section, you must be outside of the ROW fencing.

What happens when you are in open range and there is not a right of way fence?

 

I can think of several highways with out right of way fences, hwy 191 thru most of unit 27, catalina hwy in unit 33, highway 289 in 36b, hwy 83 south of Sonoita, and I'm sure there are more across the state.

[IA Born]

 

In Hunter Ed, we teach the definition as "maintained right of way." In AZLance's example, as explained by the WMs who help teach the regs section, you must be outside of the ROW fencing.

What happens when you are in open range and there is not a right of way fence?

 

I can think of several highways with out right of way fences, hwy 191 thru most of unit 27, catalina hwy in unit 33, highway 289 in 36b, hwy 83 south of Sonoita, and I'm sure there are more across the state.

That's an excellent question and next HE Instructor's meeting I'm at, I will ask for sure. For now, the best I can tell you is that the definition of a road is a maintained right of way. Really wish I could give you a better answer for everyone's sake!

[520HUNT]

IA Born, I think this is one of the biggest problems here in Arizona, is that there lots of grey areas in the hunting rules and laws. And unfortunately the hunters never get the benefit of the doubt...

[DUG]

FYI the shoulder and ditch adjacent to the road are considered part of the roadway.

Once the dirt starts you are good to go. Heard that from lots of G$F instructors over the years. Never once did I hear about fencing.

[Big Tub]

The ditch is not part of the roadway. But the dirt on the sides are ... the best explanation I heard is if you can park on it, it's the roadway. Now on Interstates it would be fence to fence even though you cannot park on much of that. Now for dove hunting specifically: are dirt farm roads considered maintained for public conveyance???

 

I suspect if you are not sure, you probably should not be shooting there.

 

 

FYI the shoulder and ditch adjacent to the road are considered part of the roadway.

Once the dirt starts you are good to go. Heard that from lots of G$F instructors over the years. Never once did I hear about fencing.

 

[DUG]

Still never heard it that way........

[Big Tub]

The words are pretty short and so the judge (and maybe the WM in deciding to issue the citation) gets to put the details in and/or interpret, not the class teacher.

 

17-301B ... No person may knowingly discharge any firearm or shoot any other device upon, from, across or into a road or railway.

 

and

 

“Road” means any maintained rightofway for public

conveyance.

[520HUNT]

Maintained is the key word... If it is mowed or landscaped that would be maintained... I can't imagine any judge saying that grass 2' high on the side of the road is maintained.