There has been a question going around work requiring the distance needed to be away from your vehicle to shoot a deer on a back road. We all know it is illegal to discharge your firearm from inside the vehicle and over or across a state highway. The disagreement is if you're driving to a hunting spot and you observe some deer in the distance. How far would you need to be from your vehicle to take a shot?
Answer:
Thanks for the question. I'm glad you guys are having these types of discussions. The answer to your question is the same as so many questons regarding these types of laws:....... It depends. You have pretty much nailed it in the descriprion of your discussion. Idaho Code section 36-1508(a) sets restrictions on shoting from or accross a public highway. It reads in part:
No person shall:(a) Shoot from Public Highway. Discharge any firearm from or across a public highway.
Idaho Code section 49-109(5) further defines "highway", and states in part:
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic.
And so you can see, there is no set distance that you have to be from your vehicle to shoot by law. As long as you are not using your vehicle as an aid to hunting (shooting from your vehicle), it is dependant on the type road. The distance would be much greater for a State Highway, than it would be for a desert 2-track.
Thanks for the question.
Josh Royse, Regional Conservation Officer
Answered on:
Monday, November 17, 2014 - 9:34 AM MST