I think they're all wrong

[BC9696]

Is there a LEO in the house than can clarify the 12025/12027 codes and offer a "professional" opinion?

[BigDogatPlay]

Is there a LEO in the house than can clarify the 12025/12027 codes and offer a "professional" opinion?

I think if you want professional legal opinions, you might want to contact an attorney. What any of the LEOs here, including me, is going to give you is how we might interpret based on the situation before us.

My statement from three posts up stands... if it was me I would not concealed carry an unloaded pistol, revolver or firearm capable of being concealed while driving from my home to the hunting grounds, which would be some indeterminate distance, potentially hours, away. I would use a locked container, the PC 12026 exemption. I would load and carry either openly or concealed only while I was out in the hunting grounds with knowledge that I am in an area where discharge is allowed.

Assuming that I do not have a CCW permit, and I am not otherwise exempted by means of my employment.

That is what I'd do. YMMV.

[Librarian]

I can tell you that after looking through the cases returned by Findlaw, there appears to be no appeals-court opinions that refer to the 12027 hunting exemption; almost all of the cases are regarding LEO or former LEO and endorsements to carry from their departments.

[TurboChrisB]

I think that may not be the case as often as we'd think......otherwise we wouldn't be needing THIS

http://www.calguns.net/calgunforum/showthread.php?t=418190

I'd submit that the majority of LEOs you run into while out hunting will be either rural sheriff's deputies or DFG wardens. Both of those are usually pretty savvy to the loaded+concealed while hunting exemption. What is more important for you the hunter is to be aware of where you are to ensure you don't enter into an area where going loaded would otherwise be prohibited.



Some states require that, California does not although I suppose some local CLEOs issuing permits could require it.

[BigDogatPlay]

I think that may not be the case as often as we'd think......otherwise we wouldn't be needing THIS

http://www.calguns.net/calgunforum/s...d.php?t=418190

The issues with BLM, who are not (generally) empowered as California peace officers, are pretty well known as you infer. Call me an elitist, but the last person I would have thought of as a "rural LEO" is a BLM ranger. My post was directed toward rural city police and rural sheriff's deputies, many of whom hunt, fish, shoot and understand. Of the BLM rangers I've met and interacted with, very few were that way.

[NytWolf]

Curious though...the text reads:

Calif. Penal Code 12027 (exemption to 12025)
(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.

http://law.onecle.com/california/penal/12027.html

I wonder if capable of being concealed is the same as actually concealed. It's a bit ambiguous.

This is the way I read it:

"Licensed hunters or fishermen carrying
a) pistols,
b) revolvers, or
c) 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."

That phrase, "capable of being concealed", is needed before not all fishermen or hunters carry their weapons in a concealed manner. Even some carry it in their backpacks, fanny packs, etc. But more importantly, this means, the exception makes it legal for both concealed AND open carry.

[BLOWN RAIDER]

Really GOOD piece of knowledge here guys...

Thanks for the heads up