BILL REQ. #:  H-4742.2 

Read first time 01/24/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the use of firearms on land managed by the department of fish and wildlife; adding a new section to chapter 77.15 RCW; adding a new section to chapter 77.12 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 77.15 RCW to read as follows:
     (1) It is an unlawful use of a firearm on department land to, on any land under the ownership, management, lease, or control of the department:
     (a) Discharge tracer or incendiary ammunition;
     (b) Discharge firearms in those portions of department lands where or when such discharge is prohibited by a notice posted by the department under section 2 of this act;
     (c) Discharge firearms negligently from, across, or into a department-designated area where camping is allowed;
     (d) Target glass, signs, appliances, mattresses, televisions, furniture, exploding items, or other items identified by the department under section 2 of this act as targets for target practicing;
     (e) Fail to make a good faith effort to remove all expended shell casings, ammunition packaging, or other related target debris, other than clay pigeons, at the conclusion of a target practicing session or prior to departure from the immediate area.
     (2)(a) Except as otherwise provided by this section, a violation of this section is punishable as a natural resource infraction under chapter 7.84 RCW.
     (b) A violation of subsection (1)(c) of this section is punishable as a gross misdemeanor if the violation satisfies the elements of the crime of reckless endangerment set forth in RCW 9A.36.050.
     (c) A violation of subsection (1)(e) of this section is punishable as a littering violation under RCW 70.93.060.
     (3) As used in this section, "firearm" has the same meaning as provided in RCW 9.41.010, but excludes pellet guns, BB guns, paintball guns, other guns that use compressed air as a propellent, or immobilization guns used by department employees for animal restraint.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     (1)(a) The department may prohibit the discharge of firearms on portions of any land managed by the department, either indefinitely or or for set periods of time, only if the prohibition is necessary for wildlife or resource management. The department may not prohibit the discharge of firearms solely based on a firm distance measurement from a set location.
     (b) All areas where the discharge of a firearm is prohibited must be posted as such by the department.
     (2) The commission may not prohibit a person from carrying or possessing a firearm on any portion of land under the ownership, management, lease, or control of the department, or from discharging the firearm for the protection of the person or another, if the person is otherwise legally entitled to possess, carry, or discharge the firearm.
     (3) The department shall not identify locations and times closed to target practicing based on resource management concerns unless there has been sufficient verification and consent for the restrictions from the local community.

NEW SECTION.  Sec. 3   The fish and wildlife commission shall, within sixty days of the effective date of this section, amend or repeal any rules inconsistent with the provisions of this act. Until amended, no rule inconsistent with this act may be enforced.