Opening day Trout Season and 12025

[Falstaff]

I know this has been beat to death over the years, but am I reading this right? Does the 12025 exemption for licensed fishermen/hunters include concealed carry of UNLOADED pistol on the way to the fishing location?

engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

And by "on the way" does that mean I enjoy that exemption while I'm driving up to the feather river this friday for opening day!?!? Or Does the exemption only begin ounce i arrive at camp and start hiking down to the river ? hmm, dang this 2nd amendment exercise sure is complicated...

and then just to confirm, concealed AND loaded is OK DURING fishing activities? (if no other prohibitions apply)

1 more scenario just occurred to me- my house backs up to a river, I can and have fished in it before. Could I take a fishing pole and my liceense along with me when i go for walks with my dog and? , you get the picture...

[Foriegn power]

check out my thread

http://www.calguns.net/calgunforum/showthread.php?t=250459

My suggestion is to speak to a game warden, get their name and time of conversation. If he/shes gives a hard time ask to speak to their supervisor until you get your exact question answered. Hence, that is what I did I mean it is their job to know the laws that they enforce.

Ask them about 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.

And tell them your scenario. What I got out of it is, immediately they know you are a law abiding citizen and know your laws and rights. You just need clarification. PM if you want, I've done some research about this.

[GrizzlyGuy]

Your understanding of 12027 (g) ("redneck CCW") is correct. You'll have to decide for yourself what the scope of "when going to or returning from the hunting or fishing expedition" is. My interpretation is that it begins the moment I leave my house to walk or drive down to the creek/river.

As to asking a game warden for clarification, IMHO bwiese had the best post over in drider's thread:

That's a lawyer's job.

Calling the local PD about laws' details is akin having your plumber diagnose your stomach ailments.

[keneva]

So, you could OCFP, (Open Carry Fishing Pole) all of the time and CCW? Sweet.

[sfpcservice]

The phrase concealed is concealed may mean something here. If you get checked, there is no requirement that you belt out that you're armed. Just comply with the check and don't act buggy and it probably won't come up. If he asks if you are armed, "I don't have anything illegal officer".

Of course, since this is fish and game you may have surrendered your entire set of civil liberties by "accepting" the terms and conditions of the fishing license. He might break out the rubber glove.

PS-- This is not advice, it's just what I'd do. It may or may not be correct.

[sfpcservice]

Also-- I think 12031 (Loaded Ban) does not have an exemption for carrying concealed while hunting or fishing. So if you're planning to fish in an incorporated city or any other place where discharge is prohibited, it would have to be unloaded and concealed. There are a few landmines like this you have to be aware of before you strap on and head out.

[Decoligny]

Also-- I think 12031 (Loaded Ban) does not have an exemption for carrying concealed while hunting or fishing. So if you're planning to fish in an incorporated city or any other place where discharge is prohibited, it would have to be unloaded and concealed. There are a few landmines like this you have to be aware of before you strap on and head out.

Even if you are in unincorporated territory where discharge is not prohibited, you must still comply with the requirements in PC 12027 when going to and coming from fishing. Going to and coming from, PC 12027 requires that the gun be unloaded. While actually fishing in unincorporated territitory it appears that you can conceal a loaded handgun.

[stockranger]

I think its just common sense. Your fishing at the park in downtown long beach you leave your gun at home.

Your fishing in the high sierra in NF or BLM land you can conceal or open carry loaded. When you get in your car or truck unload the gun and put it in the trunk or bed.

Don't think for a minute anyone will put up with you thinking you are going to play ramboo and drive around with a concealed weapon. The law or not your going to end up in jail where the judge will decide.

I no longer chamber a round in my 10mm GLOCK when hunting and fishing for the most part. The reason is I get sick as heck of loading and unloading every 20 or 30 minutes and it gets expensive cuz you got to rotate bullets due to bullet setback from being chambered.

I then open carry the gun on my belt holster. Sometimes it may be wide open carry in a t-shirt but with a jacket its mostly concealed. No problems from johny law yet. I do have IWB straps for my holster and would maybe carry IWB if I'm fishing around camp grounds and families so as not to cause alarm.

Use common sense and you likely will not be stopped or bothered.

[sfpcservice]

I avoid the bullet setback issue by chambering once and leaving it that way. :-)

[Riodog]

I avoid the bullet setback issue by chambering once and leaving it that way. :-)

10/4. Always!
Rio

[Left Coast Conservative]

I just don't know.

The details of the law seem so convoluted that it makes me anxious about carrying while fishing.

As I understand the law, here is how I would apply it in my case. I am a fly fisherman. A typical trip has us, my wife and I, camping in a developed campground, and I always have a firearm in our trailer. Legal.

If I was to go fishing, I would unload my firearm, and secure it in a locked container for the trip from the camp to the fishing site over public roads. Once I park, along with my vest, waders, rod, wading boots, etc, I would unlock my firearm. load it, holster it, and then start walking down (or up) the stream, fishing as I go. My preference here would be loaded open carry. Ever try to conceal carry while wearing chest waders?

I believe that this is legal, but I wold sure like to have others more knowledgeable than me to comment.

Now, here is a very common scenario: many streams have a public road that parallels them. If I were to climb up out of the steam bed and walk along that road to reach a new point on the stream, would not my loaded openly carried firearm be illegal at that point since i am on a public road? My reading in this and other threads seem to indicate that it would indeed be illegal.

As the above scenario is only one of many subtleties in the carry laws in California, I am VERY reluctant to carry while fishing because I do not know the laws well enough to be comfortable in my own mind that I am in compliance at all times. This seems to be more a function of the arcane laws, than anything else. While I have never even felt the need for a firearm while fishing, I can conceive of circumstances that would compel me to change my mind, and I would truly love to understand what would be the clearly legal method for carrying while fishing. As it stands, it seems to be too large a risk.

That, in light of other states laws, is a great pity, but what can we do?

[JRob]

Why not some organization sends a demand letter to DF&G for their official interpretation and policy, and make it public here?

check out my thread

http://www.calguns.net/calgunforum/showthread.php?t=250459

My suggestion is to speak to a game warden, get their name and time of conversation. If he/shes gives a hard time ask to speak to their supervisor until you get your exact question answered. Hence, that is what I did I mean it is their job to know the laws that they enforce.

Ask them about 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.

And tell them your scenario. What I got out of it is, immediately they know you are a law abiding citizen and know your laws and rights. You just need clarification. PM if you want, I've done some research about this.

[JRob]

When you get in your car or truck unload the gun and put it in the trunk or bed.

Don't think for a minute anyone will put up with you thinking you are going to play ramboo and drive around with a concealed weapon. The law or not your going to end up in jail where the judge will decide.

That doesn't seem to be a very CalGun-ish perspective (?)

[msteel]

I just don't know.

The details of the law seem so convoluted that it makes me anxious about carrying while fishing.

Thats probably the desired reaction the law writers where are aiming for when they wrote it...

[JRob]

We probably shouldn't open this up to official inquiry - the state would no doubt try to eliminate this "loophole" based on the number of trout shot during drive-by's