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View Full Version : Carrying while fishing/hunting


thrumper
05-06-2010, 5:31 PM
In another thread I recently looked at, it was brought to my attention that it would be legal to carry a gun that is capable of being concealed while fishing as long as there are no rules specific to that area that prohibit carrying a firearm. Does that mean it can be concealed? Can it be loaded? Is there someone that can clarify this a little for me, and I don't mean post a link to some excerpt from law codes that will just make me even more confused. I understand that none of this will be legal advice and is just opinion. I fish often and I would like to know if I would be legal or not if I had a gun concealed while I fish.

Thanks in advance to the knowledgeable people here.

JustLegalInformation
05-06-2010, 5:38 PM
The loaded and exposed gun law is different than the concealed and loaded/unloaded. You can carry a gun in the open loaded, but you cannot conceal it regardless if loaded or not.

Foriegn power
05-06-2010, 5:49 PM
Let me tell you some facts, I had similar questions as yours since I'm a avid fishermen, camper I'll be out in desolate areas in the woods etc. So I had enough with wondering about a law and wanted some clarification. I contacted many people playing phone tag with UN answered questions, until I spoke with a Department Fish & Game Warden by the name of Lt. Winnings, he answered my question about carrying loaded concealed or open. He said it is perfectly legal, I was referring to P.C. 12027
PC12027
(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

After speaking to this respectful lawman, very good guy! He answered all my questions, he ended it with saying if you are fishing in National Forests you are legal, and so you just need to be sure where you are fishing. His number is, 916-653-8075 again, great guy he will answer all your questions!

thrumper
05-06-2010, 5:52 PM
After speaking to this respectful lawman, very good guy! He answered all my questions, he ended it with saying if you are fishing in National Forests you are legal, and so you just need to be sure where you are fishing. His number is, 916-653-8075 again, great guy he will answer all your questions!

I will definitely give him a call, thanks.

killmime1234
05-06-2010, 5:58 PM
This has been covered before here-->http://www.calguns.net/calgunforum/showthread.php?t=186457,although many people still don't realize it is legal.

If you do decide to concealed carry while hunting/fishing, I would bring a copy of the penal codes with you just in case you come across an uninformed ranger--that being said, has a ranger ever asked to "search" you or your bags while you've been out hunting/fishing? Chances are no one will ever know you had it except you.

GrizzlyGuy
05-06-2010, 6:40 PM
In the FAQ, the answers are as succinct as possible:

Can I carry a concealed weapon while hunting? (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_carry_a_concealed_weapon_while_hunting.3 F)

Can I carry a concealed weapon while fishing? (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_carry_a_concealed_weapon_while_fishing.3 F)

ar15robert
05-06-2010, 6:41 PM
Have talked to sheriff while i was fishing(he drove down to see how fishing was)I had a loaded 1911 carried openly in holster he did see it and did not even comment on it.Told me of other spots i could go to if the bite was dead.This was in natl forest.

chiselchst
05-06-2010, 6:57 PM
CCW is legal on or in a boat In (most?) tidal waters such as the Bay & Delta.

The "traveling to or from a fishing trip" wording is curious to me. Has it ever been challenged in court?

a1c
05-06-2010, 7:37 PM
I carry a concealed pistol while hunting. Perfectly legal on BLM/National Forest/private land where authorized.

Roadrunner
05-06-2010, 9:23 PM
Okay, I need a question answered. What law covers transporting a firearm in a boat to a campsite on the Delta ? I've been looking for it but so far I haven't had any luck. The reason I will have it is for security of my campsite and to protect myself and everyone with me.

Foriegn power
05-06-2010, 11:07 PM
Like I said, this topic has been very popular go and call the number I posted. This warden that will answer, hopefully and I'm pretty sure will talk you until you understand your rights. For the people who hunt and go fishing in places that are 'in the middle of nowhere,' they understand the need or will to carry. And for the comment someone above posted, no one will know if you carry you know what that is true! Another, has anyone checked my bags, or tackle, my answer is never. Even though they could if they have reasonable suspicion or probably cause to, they are more than welcome too.

GuyW
05-06-2010, 11:48 PM
Cripes - incorrect, bad legal advice aka FUD...

The loaded and exposed gun law is different than the concealed and loaded/unloaded. You can carry a gun in the open loaded, but you cannot conceal it regardless if loaded or not.

chiselchst
05-06-2010, 11:50 PM
Okay, I need a question answered. What law covers transporting a firearm in a boat to a campsite on the Delta ? I've been looking for it but so far I haven't had any luck. The reason I will have it is for security of my campsite and to protect myself and everyone with me.

Read my sig 1st - I am not a lawyer, and do not even play one on TV...

That's no simple answer, too many variables.

It also hinges on "where" you're going to (land) camp in the Delta. Spending the night on the boat anchored out wouldn't be an issue, IMHO. The laws might be different if boating in to (land camp) at Brannan Island state park versus Windmill cove, Lost Isle or Snug Harbor. Lost Isle is basically a "bar" when you step off on the dock. And Brannan Island is a state park.

Most camp grounds in the Delta are privately owned and might have their own "policies" too.

In a boat in the Delta, you can "transport a handgun to a camp ground in a boat" legally as I understand it. Many folks I know have been checked by the Coasties, and they never had an issue with a loaded conealed weapon on board.

I think the law says you can CCW (if fishing w/ license, or coming or going to such), but I personally would be carefull there. A locked container or UOC might be legal? But I'd just carry it unloaded in your gear, locked in a case to be safe. At the campsite, the rules would then change again.

GrizzlyGuy
05-07-2010, 8:06 AM
Okay, I need a question answered. What law covers transporting a firearm in a boat to a campsite on the Delta ? I've been looking for it but so far I haven't had any luck. The reason I will have it is for security of my campsite and to protect myself and everyone with me.

This one in 12026.2 (http://law.onecle.com/california/penal/12026.2.html) would probably work:

(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite. This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.

As with all the 12026.2 exemptions, you need to transport in a locked container. If you have a fishing license and can fish along the way, then you wouldn't need the locked container as you could use this one from 12027 (http://law.onecle.com/california/penal/12027.html):

(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.