STATE v. OLNEY

Nos. 21010-3-III, 21011-1-III.

72 P.3d 235 (2003)

117 Wash.App. 524

STATE of Washington, Respondent, v. Deland Ray OLNEY and Evans Lewis, Jr., Petitioners.

Court of Appeals of Washington, Division 3, Panel Eight.

July 8, 2003.


Attorney(s) appearing for the Case

Thomas A. Zeilman, Toni L. Whitegrass, Toppenish, WA, for Petitioners.

Kenneth L. Ramm, Deputy Prosecuting Attorney, Yakima, WA, for Respondent.


BROWN, C.J.

RCW 77.15.460(1) criminalizes possession of a loaded rifle or shotgun in a motor vehicle. The question here is whether the statute applies to Deland R. Olney and Evans Lewis, Jr., enrolled members of a recognized Indian tribe with treaty reserved hunting rights. We hold RCW 77.15.460 applies to the petitioners without conflict with their treaty rights, and affirm the denial of their motions to dismiss and their convictions.

FACTS

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