PDA

View Full Version : DOJ Called Me Today...


ElkHunterSL
06-17-2010, 7:40 PM
Today I received a call from the DOJ. When I purchased my XD back in May I was curious about gun rights related to Hunting and Fishing.

I had emailed the DOJ questions regarding CC as it relates to going to and coming from Fishing/Hunting.

I guess they were finally getting through the backlog of emails and called me.

The lady at DOJ basically told me that in a vehicle on the way to and from fishing/hunting I cannot CC. That I need to abide by the regular laws related to locking up my gun, etc.

She said while engaged in hunting I could CC but if I was finishing my hunt and heading back to my car or back to my camp I could not CC. That once I got back to camp I could CC again.

So basically what I got from her info was this scenario:

1. Fishing/hunting - Get out of my car or campsite. UOC until I get to my fishing/hunting hole, then I can CC. Once done, I must UOC as I walk back to my car or campsite.

FUD or the Truth? I would think that if I'm in the woods I can CC the entire time, even if I"m walking back to camp.

xxsleepyxx
06-17-2010, 8:09 PM
Excuse me, how long ago did you e-mail them? They are quite backed up I e-mailed them too.

ElkHunterSL
06-17-2010, 8:17 PM
The day I got my gun. Maybe 4 weeks ago.

CavTrooper
06-17-2010, 8:22 PM
DOJ wouldnt be the authority on... well... anything really.

G17GUY
06-17-2010, 8:25 PM
Wow DOJ is just calling everyone.

1911_Mitch
06-17-2010, 8:34 PM
DOJ wouldnt be the authority on... well... anything really.

And the reason they are calling instead of responding by email is so that there is no paper trail and they have complete deniability.:TFH:

Lagduf
06-17-2010, 8:40 PM
I've emailed DOJ twice and got a response in 1-2 weeks each time.

They're idiots though.

SJgunguy24
06-17-2010, 9:02 PM
And the reason they are calling instead of responding by email is so that there is no paper trail and they have complete deniability.:TFH:

This

Yep, ask Allison about putting stuff on DOJ letter head:D

ElkHunterSL
06-17-2010, 9:19 PM
Today I received a call from the DOJ. When I purchased my XD back in May I was curious about gun rights related to Hunting and Fishing.

I had emailed the DOJ questions regarding CC as it relates to going to and coming from Fishing/Hunting.

I guess they were finally getting through the backlog of emails and called me.

The lady at DOJ basically told me that in a vehicle on the way to and from fishing/hunting I cannot CC. That I need to abide by the regular laws related to locking up my gun, etc.

She said while engaged in hunting I could CC but if I was finishing my hunt and heading back to my car or back to my camp I could not CC. That once I got back to camp I could CC again.

So basically what I got from her info was this scenario:

1. Fishing/hunting - Get out of my car or campsite. UOC until I get to my fishing/hunting hole, then I can CC. Once done, I must UOC as I walk back to my car or campsite.

FUD or the Truth? I would think that if I'm in the woods I can CC the entire time, even if I"m walking back to camp.

So was it FUD or the Truth?

thayne
06-17-2010, 9:52 PM
I thought you could LOC anywhere that you can shoot on blm or national forest land?

ElkHunterSL
06-17-2010, 10:20 PM
Yes, LOC, but what about Loaded Conceal Carry?

Paradiddle
06-17-2010, 10:24 PM
Yes, LOC, but what about Loaded Conceal Carry?

I don't know the answer but why woulnd't you just LOC when hunting? Seems that if you need your handgun while in the field you are in some type of trouble and that drawing from cover would be slower then drawing from an exposed holster.

I know my IPDA draw is slower then my IPSC draw.

ElkHunterSL
06-17-2010, 10:27 PM
I don't know the answer but why woulnd't you just LOC when hunting? Seems that if you need your handgun while in the field you are in some type of trouble and that drawing from cover would be slower then drawing from an exposed holster.

I know my IPDA draw is slower then my IPSC draw.

When I hunt I use a Rifle, but I want my handgun as a backup. And I usually wear a jacket so the gun would be concealed underneath the jacket.

1911_Mitch
06-17-2010, 10:27 PM
Read PC 12027(g) and 12031

Concealed carry weapon and loaded weapon are seperate codes.

I am not a lawyer, but it would appear ok as long as you are not within an incorporated city or in a prohibited area of unincorporated territory.

winnre
06-17-2010, 10:31 PM
but it would appear ok as long as you are not within an incorporated city or in a prohibited area of unincorporated territory.

Do they have a color for that on a map?

ElkHunterSL
06-17-2010, 10:37 PM
Read PC 12027(g) and 12031

Concealed carry weapon and loaded weapon are seperate codes.

I am not a lawyer, but it would appear ok as long as you are not within an incorporated city or in a prohibited area of unincorporated territory.

Yep, that's what I got from it too. I also read "How to own a Gun in California and Stay out of Jail" and took the same info.

But then when the DOJ lady told me differently, had me confuzzeld.

Hogxtz
06-17-2010, 10:43 PM
I would install a device purchased at Best Buy that records phone conversations. It's a misdemeanor to record a person without their knowledge, so just advise the DOJ agent that they are being recorded and see what happens. They will probably hang up, instead of go on record.

SJgunguy24
06-17-2010, 10:55 PM
Why would you ask the DOJ for hunting regulations? The DOJ is nothing but a bully agency that makes up new rules as they go and if you question their authority they will do everything in their power to make your life miserable.

ElkHunterSL
06-17-2010, 11:01 PM
Why would you ask the DOJ for hunting regulations? The DOJ is nothing but a bully agency that makes up new rules as they go and if you question their authority they will do everything in their power to make your life miserable.

I had emailed them before I discovered CalGuns when I first bought my XD. I emailed the DOJ as my question was Gun Related.

Decoligny
06-18-2010, 9:24 AM
12027. Section 12025 does not apply to, or affect, any of the following:
(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.

So you can carry a concealed UNLOADED handgun on your way to and from hunting. Get out of your car and conceal the unloaded firearm, or unload the firearm and conceal it as you leave your campsite, and then proceed to where you are going to be hunting. Upon arrival load the handgun and reconceal it. When done hunting, unload the handgun and conceal it again, return to vehicle/campsite.

a1c
06-18-2010, 9:51 AM
Everything she told you squares up with what a well-informed warden and former cop told me recently.

ElkHunterSL
06-19-2010, 10:22 AM
Thanks.

bsg
06-19-2010, 9:06 PM
thanks for bringing up the issue.

pullnshoot25
06-19-2010, 11:26 PM
This is news to me. I was under the impression that going to, during and post-expedition it was legal to CC as long as one had a hunting/fishing license.

Weird.

OleCuss
06-20-2010, 2:26 AM
Given the cited code I'd think you could carry in camp and when you leave camp for the stalk, blind, streamside, whatever. But while transporting in the vehicle, bus, whatever it would have to follow the usual transport regulations.

But the law isn't sufficiently clear for me and I suspect that doing that could get you arrested and cost you jail time and money. So yeah, I'd follow the above advice about doing nutty stuff like unloading the weapon and not carrying concealed from car or camp to the blind or fishing hole (or whatever).

Decoligny
06-21-2010, 2:47 PM
This is news to me. I was under the impression that going to, during and post-expedition it was legal to CC as long as one had a hunting/fishing license.

Weird.

You can CC going to, during, and returning from hunting/fishing. The exemption is for PC 12025 only. Not 12031.

So assuming that you are hunting, then discharge of a firearm is legal, so CC loaded while hunting is legal.

CC to/from has to be unloaded for the exemption to PC 12025 to apply.

While fishing, however, there is nothing indicated in the PC that says you can CC loaded, unless it would otherwise already be legal to be carrying a loaded firearm. So, if you are fishing where LOC is legal, then CC Loaded while fishing would be legal. You would still be limited to CC Unloaded to/from as noted above. However, if you were fishing in an incorporated city, then CC Unloaded would be legal, but CC Loaded would not.

At least that's the way it appears to me.