AN ACT Relating to enhancing the fish, shellfish, and wildlife-related recreational opportunities for a person with a disability; amending RCW 77.15.460 and 77.32.237; and repealing RCW 77.32.238 and 77.32.400.

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

Sec. 1.  RCW 77.15.460 and 2014 c 48 s 18 are each amended to read as follows:

(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and

(b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

(2) A person is guilty of unlawful use of a loaded firearm if:

(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or

(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.

(3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors.

(4) This section does not apply if the person:

(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

(b) ((Possesses a disabled hunter's permit)) Has been granted a disability designation as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or

(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle, as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480, unless the person has a department permit issued under RCW 77.32.237.

(5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.

Sec. 2.  RCW 77.32.237 and 2007 c 254 s 6 are each amended to read as follows:

The commission shall ((attempt to)) enhance the ((hunting)) fish, shellfish, and wildlife-related recreational opportunities for ((persons)) a person with a disability. The commission shall authorize the director to ((issue disabled hunter permits)) grant a disability designation to ((persons)) a person with a disability who meets eligibility criteria established by the commission by rule. The commission shall adopt rules defining who is a person with a disability for purposes of eligibility for disability designation. A person granted a disability designation is eligible for reasonable accommodations, determined by the director, to allow the person to participate in fish, shellfish, and wildlife-related recreational activities. The commission shall adopt rules governing the conduct of ((persons)) a person with a disability ((who hunt and their designated licensed hunter)) participating in fish, shellfish, and wildlife-related recreational activities and the conduct of companions permitted, as a reasonable accommodation, to assist such a person in fish, shellfish, and wildlife-related recreational opportunities.

(1) RCW 77.32.238 (Adoption of rules defining a person with a disability—Shooting from a motor vehicle—Assistance from licensed hunter) and 2007 c 254 s 5 & 1989 c 297 s 2; and

(2) RCW 77.32.400 (Persons with a disability—Designated harvester card—Fish and shellfish) and 2007 c 254 s 2 & 1998 c 191 s 1.

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