Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 11-28-2012, 1:10 PM
problemchild problemchild is offline
Banned
 
Join Date: Oct 2005
Location: 33.753276,-118.19139
Posts: 6,968
iTrader: 82 / 100%
Default Info on Fish and Game checkpoints

Watching a show on TV now and they are asking people if they have guns in the car and if yes searching the whole car. Do you have to tell them yes if they ask? If they are covered with a tarp or in the trunk and not visible can you say no? What are your rights and what is legal and not legal?
Reply With Quote
  #2  
Old 11-28-2012, 1:14 PM
CAHighSierra's Avatar
CAHighSierra CAHighSierra is offline
Senior Member
 
Join Date: Dec 2011
Location: Tracy
Posts: 789
iTrader: 8 / 100%
Default

Fish and game are a state agency no? You HAVE to declare any fish or game taken if they ask but Im pretty sure if its a state agency you do t have to tell them you have guns.
__________________
You shoot me in a dream, you better wake up and apologize.
Reply With Quote
  #3  
Old 11-28-2012, 1:16 PM
dunndeal's Avatar
dunndeal dunndeal is online now
Veteran Member
 
Join Date: Sep 2009
Posts: 4,273
iTrader: 1 / 100%
Default

My understanding is if they have probable cause to believe you were hunting then they are allowed to search to certify that any game you have was legally taken.

Abalone divers have their cars/boats searched regularly by F&G wardens when driving away from areas where abalone diving is common.

Additionally the US Coast Guard has the power to conduct a warrantless search of your boat anytime they want to board your craft.
Reply With Quote
  #4  
Old 11-28-2012, 1:16 PM
paul0660's Avatar
paul0660 paul0660 is offline
In Memoriam
 
Join Date: Jul 2007
Location: Ukiah
Posts: 15,706
iTrader: 34 / 100%
Default

You have a right to ask them to prove their authority, as usual.
__________________
*REMOVE THIS PART BEFORE POSTING*
Reply With Quote
  #5  
Old 11-28-2012, 1:40 PM
bulgron bulgron is offline
Veteran Member
 
Join Date: Jul 2007
Location: Santa Clara County
Posts: 2,779
iTrader: 0 / 0%
Default

The question still hasn't been answered. Do I have to say 'yes' if F&G asks me if I have a gun in my car (and I in fact have a gun in the car)?
__________________


Proud to belong to the NRA Members' Council of Santa Clara County

Disclaimer: All opinions are entirely my own.
Reply With Quote
  #6  
Old 11-28-2012, 1:56 PM
speedrrracer speedrrracer is offline
Veteran Member
 
Join Date: Dec 2011
Posts: 2,686
iTrader: 1 / 100%
Default

I don't know if you are required to tell them about your guns, but it's against the law to prevent them from searching anywhere they please.

"...Prohibit a warden from inspection of any boat, market or receptacle where fish may be
found (FGC 1006)."
__________________
Reply With Quote
  #7  
Old 11-28-2012, 2:04 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by bulgron View Post
The question still hasn't been answered. Do I have to say 'yes' if F&G asks me if I have a gun in my car (and I in fact have a gun in the car)?
You have the right to remain silent. If they inspect a car/truck and find that there is no evidence of hunting activity, that would be a violation of search and seizure. They can search hunters and fisherman during, before and after the sport take of game. They can not use these powers to search for any other reasons unless PC has been established for other violations of the law.
Reply With Quote
  #8  
Old 11-28-2012, 2:13 PM
Meplat's Avatar
Meplat Meplat is offline
Calguns Addict
 
Join Date: Jul 2008
Location: Fresno, CA
Posts: 6,920
iTrader: 3 / 100%
Default

Quote:
Originally Posted by bulgron View Post
The question still hasn't been answered. Do I have to say 'yes' if F&G asks me if I have a gun in my car (and I in fact have a gun in the car)?
No! You cannot be compelled to say anything. You cannot lie to a federal officer, but you do not have to say anything at all. You can lie to state and local LE all you want, and they can and will lie to you.
__________________
Take not lightly liberty
To have it you must live it
And like love, don't you see
To keep it you must give it

"I will talk with you no more.
I will go now, and fight you."
(Red Cloud)

Last edited by Meplat; 11-28-2012 at 2:16 PM..
Reply With Quote
  #9  
Old 11-28-2012, 3:19 PM
tenpercentfirearms's Avatar
tenpercentfirearms tenpercentfirearms is offline
Vendor/Retailer
 
Join Date: Apr 2005
Location: Taft, CA
Posts: 12,832
iTrader: 10 / 100%
Default

Quote:
Originally Posted by taperxz View Post
If they inspect a car/truck and find that there is no evidence of hunting activity, that would be a violation of search and seizure.
I don't think this is quite right. They would need evidence of hunting activity before they could search. They don't get to gamble and search hoping to find something. If they searched and found something, but had no probably cause for a search, that evidence would be thrown out.

Now I am sure they can make up all sorts of reasons for a search. So if they ask you if you have any firearms in the vehicle, you have a right to remain silent. Or you can always ask questions.

"Do you have any firearms in the vehicle?"

You respond, "Why do you ask officer?"

"I am conducting a hunting license check."

You reply, "Oh."

Then he stares at you and asks again, "Do you have any firearms in the vehicle?"

"Why do you ask officer?"

Or mix it up and simply ask, "Am I free to go?"

If he asks you to step out of the vehicle, ask if you are free to go. If he demands you get out the vehicle, inform him you do not consent to searches and you have nothing left to say until you speak to your lawyer, then ask if you are free to go again.

Only do this is you feel like flexing your rights and have the time.

You are under zero legal obligation to ever answer any law enforcement officer's questions. None. Experts recommend you do not lie to an officer. Simply don't answer the question or invoke your right to remain silent.

Here shortly someone will recomend you answer with "I have no illegal firearms in the vehicle." Personally I think that is a poor idea. I wouldn't even give them that and it just makes you seem like you are some smart guy that pretty much left an opening to search for legal weapons for an E check or some such nonsense. Give them nothing.
__________________
For superior customer service and good prices visit www.tenpercentfirearms.com. We are Kern County's leader in black rifle sales.

The Calguns Foundation - Board Member. DONATE NOW! Your dollars go DIRECTLY to front-line legal activism in CA.
Opinions posted in this account are my own and not the approved position of The Calguns Foundation
Reply With Quote
  #10  
Old 11-28-2012, 3:46 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by tenpercentfirearms View Post
I don't think this is quite right. They would need evidence of hunting activity before they could search. They don't get to gamble and search hoping to find something. If they searched and found something, but had no probably cause for a search, that evidence would be thrown out.

Now I am sure they can make up all sorts of reasons for a search. So if they ask you if you have any firearms in the vehicle, you have a right to remain silent. Or you can always ask questions.

"Do you have any firearms in the vehicle?"

You respond, "Why do you ask officer?"

"I am conducting a hunting license check."

You reply, "Oh."

Then he stares at you and asks again, "Do you have any firearms in the vehicle?"

"Why do you ask officer?"

Or mix it up and simply ask, "Am I free to go?"

If he asks you to step out of the vehicle, ask if you are free to go. If he demands you get out the vehicle, inform him you do not consent to searches and you have nothing left to say until you speak to your lawyer, then ask if you are free to go again.

Only do this is you feel like flexing your rights and have the time.

You are under zero legal obligation to ever answer any law enforcement officer's questions. None. Experts recommend you do not lie to an officer. Simply don't answer the question or invoke your right to remain silent.

Here shortly someone will recomend you answer with "I have no illegal firearms in the vehicle." Personally I think that is a poor idea. I wouldn't even give them that and it just makes you seem like you are some smart guy that pretty much left an opening to search for legal weapons for an E check or some such nonsense. Give them nothing.
This is pretty much what i meant. There "special" searches are limited to F&G stuff only. If they went and searched a vehicle for no reason that would be against the law. They need to have reasonable PC that the people were in fact hunting or fishing or going to and from.

If their probable cause to search showed no signs of fishing or hunting and something else was found that was illegal, i suspect the evidence would probably not be admissable in court due to an illegal search and seizure.
Reply With Quote
  #11  
Old 11-28-2012, 4:10 PM
becxltoo984's Avatar
becxltoo984 becxltoo984 is offline
Senior Member
 
Join Date: Nov 2008
Location: Sacramento
Posts: 553
iTrader: 4 / 100%
Default

Let me Guess must have been an episodes of wild Justice . They make every California hunter / fisherman look like some total Douche . I cant Stand stand show !

By far CA fish And Game are the worst informed LEO"S in the state .
Reply With Quote
  #12  
Old 11-28-2012, 4:28 PM
Glock31B's Avatar
Glock31B Glock31B is offline
Member
 
Join Date: Aug 2012
Location: In the area of California
Posts: 382
iTrader: 1 / 100%
Default

Quote:
Originally Posted by becxltoo984 View Post
Let me Guess must have been an episodes of wild Justice . They make every California hunter / fisherman look like some total Douche . I cant Stand stand show !

By far CA fish And Game are the worst informed LEO"S in the state .


They are up there.
Reply With Quote
  #13  
Old 11-28-2012, 5:32 PM
woodsman's Avatar
woodsman woodsman is offline
Senior Member
CGN Contributor
 
Join Date: Jun 2009
Location: East Bay, California
Posts: 555
iTrader: 1 / 100%
Default

I have been stopped by them near Utica/Spicer. They stop anyone that has been fishing and they always ask about weapons.
__________________
"The Right Of The People To
Keep And Bear Arms Shall Not Be Infringed"

Nuff Said....!
Reply With Quote
  #14  
Old 11-28-2012, 5:43 PM
JimWest's Avatar
JimWest JimWest is offline
Senior Member
 
Join Date: Feb 2010
Location: Outside the Law
Posts: 691
iTrader: 8 / 100%
Default

Woodsman- How did you respond to them, if I may ask?
Reply With Quote
  #15  
Old 11-28-2012, 7:11 PM
Skidmark's Avatar
Skidmark Skidmark is offline
Senior Member
 
Join Date: Jan 2010
Location: Semi-Banned
Posts: 1,755
iTrader: 0 / 0%
Default

CA DFG has my highest respect, for a tough job done well.

I only wish they were even more effective at taking down the poachers.
__________________
Making guns illegal is as stupid as making drugs or prostitution illegal.

Calguns Foundation contributor
Reply With Quote
  #16  
Old 11-28-2012, 7:19 PM
problemchild problemchild is offline
Banned
 
Join Date: Oct 2005
Location: 33.753276,-118.19139
Posts: 6,968
iTrader: 82 / 100%
Default

Quote:
Originally Posted by becxltoo984 View Post
Let me Guess must have been an episodes of wild Justice . They make every California hunter / fisherman look like some total Douche . I cant Stand stand show !

By far CA fish And Game are the worst informed LEO"S in the state .
Yeah the show sucks that way. Just tonight they walked into a house with deer heads mounted on the wall and commented "he sure has been killing a lot of animals". What kind of crap is that?

OK so basically I can say "In have NO guns" in the car or "I have nothing illegal in the car" or ask a stupid question or keep quiet.

Im not breaking any laws and dont feel like having my car strip searched for no good reason.

Oh and EVERY HOUSE THEY RAIDED came from pictures off some Cal website forum that the idiot poachers posted online. Be careful what you post and dont break the law.

Last edited by problemchild; 11-28-2012 at 7:21 PM..
Reply With Quote
  #17  
Old 11-28-2012, 8:31 PM
dunndeal's Avatar
dunndeal dunndeal is online now
Veteran Member
 
Join Date: Sep 2009
Posts: 4,273
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Skidmark View Post
CA DFG has my highest respect, for a tough job done well.

I only wish they were even more effective at taking down the poachers.
QFT. They are sworn officers issued a sidearm. When working on the hunting side (versus fish) most of those you encounter are armed with rifles and probably large caliber pistols.

Odds are not in their favor and they paid about 1/3rd as much as a CHP officer.
Reply With Quote
  #18  
Old 11-28-2012, 8:45 PM
Stewdabaker23 Stewdabaker23 is offline
Senior Member
 
Join Date: Aug 2012
Location: Tuolumne County
Posts: 2,326
iTrader: 7 / 100%
Default

And with budget cuts they are stretched extremely thin across the state. There are only like 3 wardens that cover from Fresno area to Sacramento area.
Reply With Quote
  #19  
Old 11-28-2012, 9:27 PM
kakinuma-kun's Avatar
kakinuma-kun kakinuma-kun is offline
Member
 
Join Date: Jun 2009
Location: San Francisco Bay Area
Posts: 199
iTrader: 8 / 100%
Default

You can look at this string HERE.

I know there have been others...
Reply With Quote
  #20  
Old 11-28-2012, 10:09 PM
Carnivore's Avatar
Carnivore Carnivore is offline
Senior Member
 
Join Date: Aug 2009
Location: Ventura County, Ca
Posts: 1,809
iTrader: 5 / 100%
Default

First make sure you don't have anything illegal in the car.

If you have been hunting then you need to tell them you have and show them any game taken (yes I know covered above) obviously you will need to let them know you have a fire arm then.

If not hunting then if ANYONE asks if you have a gun in the car repeat the following...."I have nothing illegal in the vehicle, no you may not search, am I free to go?" Don't answer any of their stupid questions and don't get caught up in their "if you have nothing to hide" crap either. No need to lie when you can tell the truth. A firearm in your car isn't illegal. I throw in a "let me know when I am free to go" too.

As for DFG I deal with these Dbags all the time fishing out at the islands. Other then one guy that is really cool in Ventura the rest aren't worth the pay they draw.

BTW most of them aren't bright enough to make it onto the CHP that is why they don't make as much.
__________________
Quote:
Tom’s right, and the right of any other citizen, to arm himself should not be subject to approval by a civil servant who will not be present to protect them.
Reply With Quote
  #21  
Old 11-28-2012, 11:11 PM
Loubot10's Avatar
Loubot10 Loubot10 is offline
Veteran Member
 
Join Date: Apr 2012
Posts: 3,165
iTrader: 44 / 100%
Default

They have a lot of stretch when it comes to "reasonable" and I've seen people detained until a CHP arrived to issue non-F&G tickets.

The first question is always have you been hunting? And I've never been stopped when I wasn't hunting, so the question of weaponry is assumed. I've got no hate for them.

The only LE job harder than cornering illegals with weapons is cornering anti-establishment legals with weapons. IMO
__________________


Quote:
Originally Posted by Lone_Gunman View Post
They want to be rulers. Well I don't effing want to be ruled, I want to be represented.
Reply With Quote
  #22  
Old 11-29-2012, 7:41 AM
donw's Avatar
donw donw is offline
Senior Member
 
Join Date: Apr 2010
Location: between temecula and palm springs
Posts: 1,698
iTrader: 0 / 0%
Default

so...lemme see if this is correct:

i have my legal firearm(s) secured, unloaded, in a locked carrying case, in the back (trunk/bed of truck) covered up (out of visual sight) i am going to, coming from or passing through a legal hunting area and i'm stopped by DFG game warden.

he asks: "Have you been hunting?"

i respond: "No, officer, i have not been hunting"*

he asks: "Are there any guns in the vehicle?"

i respond: "It is a very nice day today officer, am i i free to leave?"

*there is, normally, no way to prove you have been hunting unless you have game in your possession...or, you admit it...even if you do have camo clothing, bino's, rangefinders etc...most hunters i know, go to the field for a "Dress rehearsal" to test their gear, make sure their firearms are 'zeroed', binos and rangefinders are all adjusted properly.

however...if you are in a legal hunting area, and are equipped to hunt, you are considered as hunting, or have been hunting...and you'd better have a current hunting license with any appropriate tags necessary for game in season in that area.

if there are no visual indications, and no admissions, of hunting activities, from an outside, looking in, visual inspection, there is no PC.

no PC, no consent to search...

is this a correct assumption?

is this assumption correct?
__________________
NRA life member, US Army Veteran

i am a legend in my own mind...

we are told not to judge muslims by what a few do...yet, the NRA membership and firearms owners are ALL considered as radical...

"The second amendment ain't about your deer rifle..."
Reply With Quote
  #23  
Old 11-29-2012, 10:21 PM
SonoftheRepublic SonoftheRepublic is offline
Junior Member
 
Join Date: Dec 2006
Location: Southern California
Posts: 91
iTrader: 0 / 0%
Default

Officer asks: "Do you have any weapons in the vehicle?"

Reply: "I'm sorry officer, my attorney has advised me not to answer any questions".

Officer asks: "May I search your vehicle?"

Reply: "No. I do not consent to any searches".
__________________
“The beauty of the second amendment is
that it will not be needed until they
try to take it.”
--Thomas Jefferson
________________________________________
The Appleseed Project - "Returning America to a Nation of Riflemen"
www.appleseedinfo.org
Reply With Quote
  #24  
Old 11-29-2012, 11:07 PM
alfred1222's Avatar
alfred1222 alfred1222 is online now
NOT BANNED..yet
CGN Contributor
 
Join Date: Jan 2010
Location: Auburn, Alabama
Posts: 7,125
iTrader: 13 / 100%
Blog Entries: 1
Default

Quote:
Originally Posted by donw View Post
so...lemme see if this is correct:

i have my legal firearm(s) secured, unloaded, in a locked carrying case, in the back (trunk/bed of truck) covered up (out of visual sight) i am going to, coming from or passing through a legal hunting area and i'm stopped by DFG game warden.

he asks: "Have you been hunting?"

i respond: "No, officer, i have not been hunting"*

he asks: "Are there any guns in the vehicle?"

i respond: "It is a very nice day today officer, am i i free to leave?"

*there is, normally, no way to prove you have been hunting unless you have game in your possession...or, you admit it...even if you do have camo clothing, bino's, rangefinders etc...most hunters i know, go to the field for a "Dress rehearsal" to test their gear, make sure their firearms are 'zeroed', binos and rangefinders are all adjusted properly.

however...if you are in a legal hunting area, and are equipped to hunt, you are considered as hunting, or have been hunting...and you'd better have a current hunting license with any appropriate tags necessary for game in season in that area.

if there are no visual indications, and no admissions, of hunting activities, from an outside, looking in, visual inspection, there is no PC.

no PC, no consent to search...

is this a correct assumption?

is this assumption correct?
QFT
__________________
Quote:
Originally Posted by Kestryll View Post
This guy is a complete and total idiot.
/thread.
Quote:
Originally Posted by njineermike View Post
Biden is only there so nobody assassinates Obama. He's like a bullet proof vest that drinks too much.
Quote:
Originally Posted by five.five-six View Post
It's right next to the part that says gays can get married and sluts get free birth control.
ΦΑ
Reply With Quote
  #25  
Old 11-29-2012, 11:12 PM
Kid Stanislaus Kid Stanislaus is offline
Veteran Member
 
Join Date: Dec 2008
Location: Oakdale, CA
Posts: 4,420
iTrader: 0 / 0%
Default

Quote:
Originally Posted by paul0660 View Post
You have a right to ask them to prove their authority, as usual.
And they have a right to laugh out loud!!
__________________
Things usually turn out best for those who make the best of how things turn out.
Reply With Quote
  #26  
Old 11-29-2012, 11:19 PM
Kid Stanislaus Kid Stanislaus is offline
Veteran Member
 
Join Date: Dec 2008
Location: Oakdale, CA
Posts: 4,420
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
This is pretty much what i meant. There "special" searches are limited to F&G stuff only. If they went and searched a vehicle for no reason that would be against the law. They need to have reasonable PC that the people were in fact hunting or fishing or going to and from.

If their probable cause to search showed no signs of fishing or hunting and something else was found that was illegal, i suspect the evidence would probably not be admissable in court due to an illegal search and seizure.
Its my understanding that if they so much as look thru the window and see a single fish hook they are authorized to search the vehicle. Game wardens have broader authority to search due to the fact that they work in isolated areas and often work alone (if that makes any sense to you, then you're brighter than I). There have been instances where regular law enforcement could not search but they called in the game wardens and they were authorized to do so. Its a dirty deal but then again, this if the PRC.
__________________
Things usually turn out best for those who make the best of how things turn out.
Reply With Quote
  #27  
Old 11-30-2012, 6:41 AM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Kid Stanislaus View Post
Its my understanding that if they so much as look thru the window and see a single fish hook they are authorized to search the vehicle. Game wardens have broader authority to search due to the fact that they work in isolated areas and often work alone (if that makes any sense to you, then you're brighter than I). There have been instances where regular law enforcement could not search but they called in the game wardens and they were authorized to do so. Its a dirty deal but then again, this if the PRC.
Its my understanding that if LEO sees as little as a single roach.... Most of your concerns are from watching to much TV

Hunting and fishing is a sport. If you treat the wardens like you would treat referees in football, then you have an understanding of their "role" in search and seizure laws in regards to hunting and fishing,

The only difference is that they are LEO in the real world also. Their special powers extend to F&G only. "a single fish hook'? Maybe but what is anyone doing with a single fish hook on them? really
Reply With Quote
  #28  
Old 11-30-2012, 8:01 AM
Curley Red Curley Red is offline
Banned
 
Join Date: May 2011
Location: El Dorado Hills
Posts: 1,738
iTrader: 1 / 100%
Default

Quote:
Originally Posted by taperxz View Post
[B]Maybe but what is anyone doing with a single fish hook on them? really
I have a single fly attached to my dashboard cover that was from a friend that passed away. So there is one example as to why someone would have a single hook.
Reply With Quote
  #29  
Old 11-30-2012, 3:21 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 34,200
iTrader: 4 / 100%
Blog Entries: 6
Default

Let us stay a bit more directly on topic, please.
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #30  
Old 11-30-2012, 10:51 PM
Gun_Owner_901's Avatar
Gun_Owner_901 Gun_Owner_901 is offline
Member
 
Join Date: Dec 2011
Posts: 156
iTrader: 0 / 0%
Default

If your have your guns with you and you know they are legal to own and have with you, I would just say yes let him check them out and let him be on his way, if you have a gun with you and you say no, and he ends up searching your car or truck, you just lied to a fish and game warden or police or CHP depending on who pulled you over, if your not breaking the law its always better to be honest then to cause trouble, I always go point A to B when I have a firearm in my car, never any stops in between.
Reply With Quote
  #31  
Old 12-03-2012, 5:16 PM
Doheny's Avatar
Doheny Doheny is offline
CalGuns Truth Squad
CGN Contributor
 
Join Date: Sep 2008
Posts: 13,722
iTrader: 1 / 100%
Blog Entries: 1
Default

Quote:
Originally Posted by bulgron View Post
The question still hasn't been answered. Do I have to say 'yes' if F&G asks me if I have a gun in my car (and I in fact have a gun in the car)?
Yes you do.

F&G code section 2012 says that you need to show all licenses, tags, method of take (guns, fishing equipment, nets, etc.) as well as any catch when asked by anyone authorized to enforce the F&G code.


Quote:
F&G 2012: All licenses, tags, and the birds, mammals, fish, reptiles,
or amphibians taken or otherwise dealt with under this code, and any
device or apparatus designed to be, and capable of being, used to
take birds, mammals, fish, reptiles, or amphibians shall be exhibited
upon demand to any person authorized by the department to enforce
this code or any law relating to the protection and conservation of
birds, mammals, fish, reptiles, or amphibians.

Reply With Quote
  #32  
Old 12-03-2012, 5:56 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Doheny View Post
Yes you do.

F&G code section 2012 says that you need to show all licenses, tags, method of take (guns, fishing equipment, nets, etc.) as well as any catch when asked by anyone authorized to enforce the F&G code.
NO YOU DON't!! F&G codes only apply to those who are participating in the activity. F&G codes do not apply to those not hunting or fishing. If you are driving home from a trip either hunting or fishing, You don't have to tell them squat! They must have proof or knowledge of your activity in order to continue their shake down powers. Not to mention, since when was the "right to remain silent" ever made illegal??
Reply With Quote
  #33  
Old 12-03-2012, 6:03 PM
Dirty dirt Dirty dirt is offline
Junior Member
 
Join Date: Dec 2012
Location: South Bay Area
Posts: 21
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Meplat View Post
No! You cannot be compelled to say anything. You cannot lie to a federal officer, but you do not have to say anything at all. You can lie to state and local LE all you want, and they can and will lie to you.
I would read CA veh section 31 and penal code section 148.9 before telling lies
Reply With Quote
  #34  
Old 12-03-2012, 6:23 PM
scarry scarney scarry scarney is offline
Member
 
Join Date: Jul 2007
Posts: 253
iTrader: 18 / 100%
Default

You might also want to check out 12031 para (e)

12031(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
Reply With Quote
  #35  
Old 12-03-2012, 6:35 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by scarry scarney View Post
You might also want to check out 12031 para (e)

12031(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
This is wrong also! They need to see the firearm in order to inspect it. If its in a locked case or a place they can't see it, you do not have to tell the LEO that the gun is in fact in the vehicle. Whether you are carrying legal or illegal.
Reply With Quote
  #36  
Old 12-03-2012, 6:36 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Dirty dirt View Post
I would read CA veh section 31 and penal code section 148.9 before telling lies
Since when do firearms have anything to do with the VC?
Reply With Quote
  #37  
Old 12-03-2012, 8:31 PM
Dirty dirt Dirty dirt is offline
Junior Member
 
Join Date: Dec 2012
Location: South Bay Area
Posts: 21
iTrader: 0 / 0%
Default

Delete

Last edited by Dirty dirt; 12-21-2012 at 3:33 PM..
Reply With Quote
  #38  
Old 12-03-2012, 8:56 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Dirty dirt View Post
I was pointing out that there are potential punitive consequences for lying "all you want" to local and state leo's. And I agree you dont have to provide information. A question is just that a questionA local warden here used to run reg checks then run the RO and do a weapons records check. If it came back with registered weapons he would pull the driver over for an alleged vehicle code violation or other PC .
And ask if weapons were on board. This was in rural settings. Dont know if it happens in urban areas.
Wardens and all LEO can lie to you, If you don't know your rights then you will have to do as they ask. Where i live, its about as rural as you can get in this state. I suppose you warden was checking on registration for rifles also??? FYI there is no such thing.
Reply With Quote
  #39  
Old 12-03-2012, 9:28 PM
Dirty dirt Dirty dirt is offline
Junior Member
 
Join Date: Dec 2012
Location: South Bay Area
Posts: 21
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
Wardens and all LEO can lie to you, If you don't know your rights then you will have to do as they ask. Where i live, its about as rural as you can get in this state. I suppose you warden was checking on registration for rifles also??? FYI there is no such thing.
Delete

Last edited by Dirty dirt; 12-21-2012 at 3:34 PM..
Reply With Quote
  #40  
Old 12-03-2012, 9:57 PM
weezil_boi's Avatar
weezil_boi weezil_boi is offline
Senior Member
 
Join Date: Jan 2007
Location: Sacramento, CA
Posts: 1,333
iTrader: 59 / 100%
Default

If Im not hunting/fishing, and since my guns are legit/properly stowed... then:
1. If hes Federal = I wont lie.
2. If hes not federal = Id just lie since its none of his damn business, its not illegal (or wrong) in that case since they dont need to know.

If they had a good reason to suspect I was hunting/fishing, then they could already search and they had no reason to ask me about guns in the first place... thats just rude
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 10:58 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.