This question comes up repeatedly in the
CDFG News Release Q&A.
Here is one recent response:
Question: Am I allowed to possess a loaded sidearm while fishing in the back country? Sometimes I encounter some pretty shady people, rattlesnakes and am usually by myself. And what about if I'm bow hunting? Do I have a right to protect myself by carrying a loaded sidearm? (Adam N.)
Answer: According to game warden Todd Tognazzini, you may carry a loaded sidearm while hunting or fishing if the possession/discharge of a firearm is legal in that area. It's best to check before your trip with the local sheriff's and police departments to see if there may be additional city, county, state and/or federal laws and ordinances prohibiting the possession of a loaded firearm in certain locations in their areas of jurisdiction. If you are fishing in a National Park, for example, then possession of a firearm is a violation of the law on those lands.
The one exception to this rule is when archery hunting during archery season or when hunting with an archery-only tag. The law says, “Archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag. (Archery section. 354 (h) Except as provided in subsection 353(g), (which covers muzzleloader rifle/archery tags.)
Another
Question: I am going to be hunting 300 acres of private land for wild
hogs in a few weeks with only my archery tackle gear. Can I carry a side
arm in case of a charge by a large hog? I will be hunting with someone
else but we will be in different areas and would like some protection.
Is this legal? (Albert Q.)
Answer: Yes, you may carry a side arm when archery hunting for wild
pigs. According to game warden Todd Tognazzini, you may carry any legal
method of take and combine the methods when you are hunting pigs. It is
illegal, on the other hand, to carry a firearm while hunting other big
game species under the authority of an archery-only tag or during an
archery-only season. And if you will be hunting in the condor range,
your handgun must be loaded with non-lead ammo.
Same question about knives
Question: I hunt alone most of the time on both public and private
lands. I always carry at least one knife for field dressing and another
rather large Bowie-style knife for chores and whatever. My thinking is
that if my gun or bow fails (God forbid), then I will at least have a
knife for self-defense. Are there any criteria or regulations regarding
limiting the size or numbers of knives that can be carried while
hunting? Thank you kindly. (Peter M.)
Answer: DFG laws do not restrict or govern knives. California Penal
Code Section 12020, however, does address some types of knives that are
prohibited as unlawful weapons. You can find the specific restrictions
at
Find California Code. Check the “Penal Code” box and
then type in 12020 in the search box at the bottom.
Another one about where and when a weapon may be carried
Question: I am going to be doing some hiking in northern California in the Humboldt and Del Norte county areas and I’m wondering if hikers are allowed to carry a hand gun while out in the woods for safety reasons. If so, does it need to be visible or can it be concealed? (Tim
J.)
Answer: This depends on who has jurisdiction over the property where you'll be hiking and whether there are any prohibitions against firearms. California Department of Parks and Recreation lands, for example, do not allow firearms on their property but U.S. Forest Service and the U.S. Bureau of Land Management lands do. You'll need to know the property where you'll be hiking and if you have any questions, go to their Web sites or contact the local regional offices for their policies. If it’s private property you will need to get permission from the property owners to enter their lands.
The carry of concealed firearms is covered by the Penal Code (PC 12025) and the laws should be discussed with the Sheriff’s office of the county you are interested in hiking. In general, concealable firearms must be displayed unless a person is a licensed hunter or angler going to, returning from or participating in, hunting or fishing activity, or they have a concealed license permit issued by the Sheriff of the county they reside in (PC 12027).
Another regarding public vs. private land
Question: I know that it is not legal to have a loaded gun in a vehicle when on public roads and in public accessible areas, but what about when on privately owned property where all access is controlled via locked gates? (Scott H.)
Answer: You are correct that it is against the law to carry loaded guns in a vehicle when upon or along a public way (Fish and Game Code [FGC] Section 2006 and Penal Code 12031). When behind locked gates, however, there are no laws preventing this, although common sense and safety should preclude doing so. Many of the hunting accidents we investigate are caused by people getting into or out of a vehicle with a loaded firearm. Despite this allowance, it is still unlawful to shoot at any game bird or mammal from a motor vehicle, even when on private property (FGC Section 3002.)
You can get info at the CDFG Q&A website linked above, or you can sign up for email copies.
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