Legal Concealed Carry while Hunting/Fishing

[MudCamper]

This post has been moved.

I've created a new thread titled Firearms in Forests and Parks in the Outdoors, Camping, and Survival sub-forums.

[otteray]

Originally Posted by GuyW

If the handgun's in a container, its concealed...
.

At the Scott's Valley Club, the rule is all handguns must be in locked containers when brought onto the range property.
I was just trying to make that clear to megavolt121.
In any case, he may have just been using the club for his example.

[johnny_22]

I just got back from a fishing trip in Lassen National Forest. I was all set to carry as I sat at the side of the creek. But, then I thought that since I like to drive up and down the road to other spots, I would need to unload and reload quite often.

Seemed like more trouble than I wanted to deal with. Maybe, I can find one spot where the fish are biting and I can stay put and safe.

[swhatb]

Glad you clarified this.... so many people don't understand this!

Originally Posted by E Pluribus Unum

Negative ghostrider.

12027(g) allows a licensed fisherman/hunter to carry concealed while going to and from hunting. It is still illegal to carry a loaded weapon in INCORPORATED TERRITORY. If one is in unincorporated territory, the gun can be carried loaded openly OR unloaded and concealed provided he is not in a prohibited place (like a roadway).

You must separate the loaded from the concealed. According to the law one has nothing to do with the other. Carrying a loaded firearm in a prohibited place is illegal whether concealed or not. Carrying a concealed firearm is illegal in this state unless you meet one of the exceptions (like hunter/fisher, or ccw).

Case in point:

A person who is hiking in an unincorporated, non-prohibited place can carry a handgun in a holster, loaded. If he puts on a jacket that conceals the firearm, that is illegal because he is concealing the weapon and does not meet any of the exceptions. If he is on his way to hunt jack rabbits with that firearm and decides to put on a jacket he can carry the firearm concealed if he unloads it because then he meets the exception in 12027(g).

[swhatb]

Good examples...

Originally Posted by E Pluribus Unum

I don't think you are confused at all.

There are two prohibitions.

1) Concealed Carry.


12027(g) gives exemption 1 to CONCEALED carry only. In order to meet this exception you must be ACTUALLY hunting.

This means, if you are actually hunting, it does not matter if its loaded or not ONLY FOR THE PURPOSE OF CONCEALED CARRY PROHIBITION. You can still be charged with "loaded firearm" if you are in incorporated territory or a "prohibited place".

12027(g) gives exemption 2 to CONCEALED carry as well only while TRANSPORTING the weapon to or from hunting. This applies even incorporated areas and "prohibited places" but in order to qualify, the firearm must be unloaded, even if you are in an unincorporated area which is not prohibited.


2) Loaded Firearm in incorporated areas or prohibited places.

This is straight forward. No loaded firearms in incorporated areas or in prohibited places. Prohibited places includes all public roadways.

It gets a bit confusing. Let me throw some scenarios at you:


In the city, walking down the street with a fishing pole on your way to the aqueduct with a concealed, unloaded firearm. -Legal

In the country, stalking game, loaded firearm, walking across a road. -Illegal- Possessing a loaded weapon in a prohibited area. The fact that you are hunting in unincorporated territory is irrelevant.

In the country, going on a hike on a trail, you don't have a hunting or fishing license- Loaded firearm concealed. -illegal. Concealed carry of a firearm prohibited- No 12027 exemption.

In the country, going on a hike on a trail, you don't even have a hunting or fishing license- Loaded firearm worn openly in a belt holster. -Legal. Loaded carry in unincorporated territory is legal.

Here is the kicker:

In the country, you have a fishing license and you are on your way to fish- Loaded firearm worn concealed. -Illegal. Illegally concealing a firearm. Even though your loaded weapon is legal to possess in unincorporated territory, the fact that you are not yet fishing and are only on your WAY to go fishing requires that you carry that firearm unloaded in order to meet the 12027(g) exemption. You would be charged with carrying a concealed firearm.




He is correct. Carrying on state parks, school zones, post offices, court rooms, et cetera are made illegal in various other State and Federal law. Keep in mind that "State Park" does not equal "Public Land". State Parks are very rare. They are things like "Yellowstone National Park". BLM and other types of land do not apply.



Negative.... if he is not yet hunting and is only on his way to go hunting, the firearm must be unloaded to qualify for the exemption to CONCEALED carry. It's kind of interesting but he would be exempt from a charge of 12031 (loaded) even though the fact that it was loaded caused him to be in violation of 12025 (concealed). He would be booked on 12025.

[swhatb]

Great!

Originally Posted by MudCamper

List of parks, forests, etc. and firearms restrictions:

- National Parks, Federal, National Park Service, US Department of the Interior (firearms prohibited per 36 CFR 2.4 (a))
- National Forests, Federal, US Forest Service, US Department of Agriculture (firearms OK, but CA state law applies)
- BLM Land, Federal, Bureau of Land Management, US Department of the Interior (firearms OK, but CA state law applies)
- State Parks, State, California Department of Parks and Recreation (firearms prohibited per CCR Title 14, Div 3, Chap 1, s 4313 (a))
- Regional Parks, some are county owned (example), some are city owned (firearms usually prohibited per local ordinance)

For completeness, I'll include these:

- Wilderness Areas, Federal, usually part of a National Forests or National Parks
- National Monuments, Federal, various agencies including NPS and USFS
- National Wildlife Refuges, Federal, US Fish and Wildlife Service, US Department of the Interior
- DFG Wildlife Areas and Reserves, State, California Department of Fish & Game
- US Army Corp of Engineers Recreation Areas (San Francisco District)
- PG&E owned Recreation Areas

[MudCamper]

Originally Posted by swhatb

Great!

I'll continue to add info to this. Perhaps at some point I should start a new thread for it.

[swhatb]

moderator!

can we get a summary of this and have it posted as a sticky!

it's important info. for folks not knowing/understanding the law.

thanks.

[husker538]

I am going camping in the Sequoia National forest next to huntington lake. I am going to be staying at the upper billy creek campgrounds. The sign says no discharge of firearms but does that also prohibit me from carrying a non concealed and loaded or concealed and unloaded firearm as well strictly within my own campsite and on the back trails?

[4D5auto]

You are not allowed to shoot in any camp ground, IIRC, you may carry in said camp ground. If I need correcting, please do so. Also, IIRC, you may carry concealed or Open, loaded,while in the National Forrest.

F&G code V PC have a different explanition of a loaded weapon.