Fish and Game Code 2006

[jdawggy79]

It's not LEO's Bashing LEO's. Its a hunter with a loaded long gun in his vehicle that received a ticket that just so happened to be a LEO. I personally follow the professional courtesy route whenever possible for things like this because when it hits the fan I need all the help I can get and I don't need to be getting more enemies than I already have. That being said I have notice an increase in contacting off duty Leo's that think the Fish and Game Code does not apply to them IE illegal methods of take, over limits of fish, spotlighting and trespassing and then want professional courtesy.

I know this is not the case with you and you thought that you were covered. Letter of the law would have been a rifle leaning on your car. Spirit is it being loaded in your car. Sounds like you got the intent of the law.

I have seen a lot more AD's come from long guns loaded on the front seat than handguns in a holster on your hip.

My man up comment comes from the fact you found in violation on a legitimate violation and did not receive professional courtesy after you "badged" him. You came on to Calguns to complain how you were wronged by fish and game.

Would I write that cite? Given the facts you have given me maybe not but regardless you were cited anyway.

I hope it all works out to your benefit and goes away.

Thanks for your informative response, thingreenline. I agree with you that this is not LEO's bashing LEO's. When it comes to LEO's doing stupid things like "illegal methods of take, over limits of fish, spotlighting and trespassing," I agree that DFG should fang the off-duty LEO's. They absolutely should know better and there is no excuse - similar to DUI or Domestic Violence involving an off-duty LEO.

In my case, I understand that I was cited for a legitimate code, and I am willing and ready to face the consequences. However, I still do not agree with the citation because I feel that officers should be allowed to carry a concealed, loaded weapon when off-duty, regardless if they are hunting or not. As you said, if it "hit the fan" and you were fighting for your life with a heavily-armed sovereign citizen, I am sure you would want me or any other off-duty LEO to come to your aid with a loaded weapon.

In your experience, how often are these F&G 2006 citations dropped to infractions? If this gets dropped to an infraction, I am willing to take the swat and just pay the fine to move on. Anyhow, thanks for everyone's perspectives.

[fullrearview]

While reading this, that glock 40 DEA agent came to mind along with all the tons of AD LEO videos I've seen.

Shall we go down the same road with all the youtube videos of non-leo idiots shooting themselves???

Stupid humans are stupid. Profession doesn't exempt that.

[tyrist]

I love how u think because u r a leo exempts u from the law.

I am pretty certain it does with respect to this particular violation.

[thingreenline]

It's not LEO's Bashing LEO's. Its a hunter with a loaded long gun in his vehicle that received a ticket that just so happened to be a LEO. I personally follow the professional courtesy route whenever possible for things like this because when it hits the fan I need all the help I can get and I don't need to be getting more enemies than I already have. That being said I have notice an increase in contacting off duty Leo's that think the Fish and Game Code does not apply to them IE illegal methods of take, over limits of fish, spotlighting and trespassing and then want professional courtesy.

I know this is not the case with you and you thought that you were covered. Letter of the law would have been a rifle leaning on your car. Spirit is it being loaded in your car. Sounds like you got the intent of the law.

I have seen a lot more AD's come from long guns loaded on the front seat than handguns in a holster on your hip.

My man up comment comes from the fact you found in violation on a legitimate violation and did not receive professional courtesy after you "badged" him. You came on to Calguns to complain how you were wronged by fish and game.

Would I write that cite? Given the facts you have given me maybe not but regardless you were cited anyway.

I hope it all works out to your benefit and goes away.

[SoCalDep]

I love how you are ignorant that he isn't arguing he is above the law...he's arguing that he is following overriding federal law per LEOSA.

[john67elco]

One thing is for sure, I would have never issued a cite of this nature to a fellow officer for this type of "violation." Cops are trained pros on handguns and rifles....

While reading this, that glock 40 DEA agent came to mind along with all the tons of AD LEO videos I've seen.

[jbolton]

I love how u think because u r a leo exempts u from the law.

[CSACANNONEER]

LEOs bashing LEOs. Who would have thought it could happen on calguns?

[jdawggy79]

I am fairly certain you have an affirmative defense. How did he even find the gun in the first place?

Are they making you ride the desk till the court case is over?

Fortunately, no desk duty. My supervisor chuckled when I notified him because he thought the cite was CS as well.

[jdawggy79]

When you are driving in your patrol car while on duty do you have a round in the chamber of your duty rifle? I would guess not due to safety issues.... The point of HR218 was to allow LEO's to carry concealed in all 50 states. I am guessing you were contacted while hunting and your rifle was your means of take. So why should HR218 allow you to carry a long gun loaded (2006 states one in the chamber) in a vehicle to give you an advantage in taking game? Unsafe practice carrying a loaded long gun in a vehicle and of all people a Leo should know that....... Man up take care of your ticket chances are it will be dropped to an infraction or dropped in the interest of justice.

You are right, we do not carry our rifles or shotguns loaded in the patrol cars. However, there have been many times when I have taken the long gun out and racked one in the chamber, primarily when responding to a "hot call." I am sure DFG contacts quite a few heavily armed right wing nuts and "sovereign citizens" during hunting season. With this in mind, in my case, I wasn't carrying for an "advantage" to take game, I was carrying the rifle loaded because I carry my handgun loaded all the time and this was my primary off-duty weapon at the time. I did not have my off-duty handgun with me. How is a loaded long gun any more dangerous than a loaded handgun? Show me the statistics - AD's happen with handguns as well.

Anyhow, with regards to the "man up" part of your comment, I was already doing that and planning on showing up for court. With comments like yours and a username like, "thingreenline," (AKA Game Warden POA) I can only presume you are DFG as well. I don't knock you guys for what you do, in fact, I have profound respect for what DFG does with regards to protecting California's natural resources. However, I do think that professional courtesy is in order when dealing with a law-abiding off-duty LEO who is honestly trying to play by the myriad hunting rules of California.

[fullrearview]

I worked with the F&G LT in charge of my area one night, guy was a total loose cannon. I think he thought he was like the lone ranger or something.

Well Kenny, they kind of are... 200 some odd wardens for the whole state!!! Up here HE is always getting into stuff. Fun stuff! I love it when he works our area.

BTW, saw your captain last weekend at the graduation... Way to cherry pick that recruit huh!

[FLIGHT762]

F&G code 2006 only exempts on duty L/E or Military or when actually going on/off duty, not when off duty. Seems when the legislators wrote F&G code 2006, they did not want to exempt off duty/retired L/E or off duty Military when engaged in hunting.

F&G code does allow you to have cartridges in the firearm's magazine, just not in the chamber when in a vehicle. This differs from the penal code when you're in areas where it's not allowed to discharge a Firearm. Just from a safety standpoint, it does make sense for long guns.

Where this gets enforced to silliness is when I've read several instances on California hunting forums in which a hunter has a firearm outside of the vehicle,leaning up against a trailer or vehicle and gets cited by F&G for a violation of F&G code 2006.

Since the O/P brought up HR218/ LEOSA, I would have to assume he is not a California LEO. It will be interesting to see what the Judge's take is on this, but the way F&G code 2006 is written, it doesn't exempt off duty L/E Military.


It seems when actually engaged in hunting, we all have to obey F&G rules, which sometimes conflicts with other California or Federal law.

O/P, let us know what the outcome of this is.

[thingreenline]

When you are driving in your patrol car while on duty do you have a round in the chamber of your duty rifle? I would guess not due to safety issues.... The point of HR218 was to allow LEO's to carry concealed in all 50 states. I am guessing you were contacted while hunting and your rifle was your means of take. So why should HR218 allow you to carry a long gun loaded (2006 states one in the chamber) in a vehicle to give you an advantage in taking game? Unsafe practice carrying a loaded long gun in a vehicle and of all people a Leo should know that....... Man up take care of your ticket chances are it will be dropped to an infraction or dropped in the interest of justice.

[ElvenSoul]

Just think what would have happened if you were not a LEO?

[cowboykenny]

I worked with the F&G LT in charge of my area one night, guy was a total loose cannon. I think he thought he was like the lone ranger or something.