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Posted: 4/10/2006 5:45:28 PM EDT
[Last Edit: 4/11/2006 2:38:56 PM EDT by photog]
I was reading the California Firearms laws when I found this:


Penal Code Section 12025 does not apply to or affect the lawful transportation or
possession of a firearm under specific circumstances, including, but not limited to, the
following:


• The transportation of a firearm by a person who finds the firearm in order to comply
with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the
Civil Code as it pertains to that firearm and if that firearm is being transported to a
law enforcement agency, the person gives prior notice to the law enforcement
agency that he or she is transporting the firearm to the law enforcement agency.
(Penal Code § 12026.2(a)(17).)
• The transportation of a firearm by a person who finds the firearm, and is
transporting it to a law enforcement agency for disposition according to law, if he or
she gives prior notice to the law enforcement agency that he or she is transporting
the firearm to the law enforcement agency for disposition according to law.
Firearms must be transported unloaded and in a locked container and the course of
travel shall include only those deviations between authorized locations, as
necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)
• The carrying of a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a concealed
manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.
• Members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private, while
the members are using concealable firearms upon the target ranges.
• Authorized peace officers, retired peace officers, and retired federal officers or
agents as defined in Penal Code sections 830.1, 830.2, 830.5, 12027(a) and
12031(b).
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.

• The possession or transportation of unloaded pistols, revolvers, or other firearms
capable of being concealed upon the person as merchandise by a person who is
licensed in the business of manufacturing, repairing, or dealing in firearms.
• The carrying of unloaded pistols, revolvers, or other firearms capable of being
concealed upon the person by duly authorized military or civil organizations while
parading, or the members thereof when going to and from the places of meeting of
their respective organizations.
• Guards or messengers of common carriers, banks, and other financial institutions
California Firearms Laws 2006


while actually employed in and about the shipment, transportation, or delivery of

any money, treasure, bullion, bonds, or other thing of value within this state.

• Transportation of unloaded firearms by a person operating a licensed common
carrier or an authorized agent or employee thereof when transported in conformance
with applicable federal law.
Notwithstanding the exceptions cited in Section 5. Loaded Firearms, individuals may not
carry or transport a loaded firearm. The firearm should be unloaded and placed in the
trunk of the vehicle, or if the vehicle has no trunk, placed in a fully enclosed secure locked
container other than the utility or glove compartment of a motor vehicle (Penal Code §§
12026.1, 12027.)


Pursuant to Penal Code section 12025, a person is guilty of carrying a concealed firearm
when he or she does any of the following:

• Carries concealed within any vehicle which is under his or her control, any pistol,
revolver, or other firearm capable of being concealed upon the person.
• Carries concealed upon his or her person any pistol, revolver, or other firearm
capable of being concealed upon the person.
• Causes to be carried concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being concealed upon the person.
NOTE: A firearm carried openly in a belt holster is not considered "concealed" as it
applies to the above prohibition. (Penal Code § 12025(f).)


So, does this mean that while fishing, or on the way to fishing, you can not be cited for violation of PC 12025?
Link Posted: 4/10/2006 7:16:56 PM EDT
its not a legal loophole.

Its always been this way, but you need to be hunting or fishing and be licenced to do so.

So you cant walk around town for a week carrying and if you get caught say, Oh I was just going fishing.
Link Posted: 4/10/2006 7:22:37 PM EDT
Sweet! I'm packin the fo five next time I go out fishin! Now how does consuming a beer or two on the shoreline while CCW'n while fishing?
Link Posted: 4/10/2006 10:45:38 PM EDT
I don't think it will work.

Steve

(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.
Link Posted: 4/10/2006 10:55:00 PM EDT

Originally Posted By HK94dude:
I don't think it will work.

Steve

(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.



That sounds like it is saying that while transporting the firearm from, say, your campsite to the lake/river it has to be unloaded, but once you are engaging in the activity you can have it concealed and loaded. Still not that big of a deal, so you carry at your "campsite", drop the mag into your pocket and walk to your fishing grounds, and load it up. At least it's readily available in case you do need it. And as stated above, it's not really a loophole that lets you carry around town anyways; it really just serves its purpose.
Link Posted: 4/10/2006 10:58:18 PM EDT
[Last Edit: 4/10/2006 11:00:01 PM EDT by HK94dude]
Better than nothing.

Steve
Link Posted: 4/11/2006 12:55:41 AM EDT

Originally Posted By HK94dude:
Better than nothing.

Steve



That was my point, sorry if it was unclear. What I was trying to say was that the portion of code you quoted sounded more like the unloaded requirment was only when transporting it, which does not change effect the firearm being loaded while fishing/hunting. Sounds like a good portion of law; you're out on your own with nothing to really protect yourself with, not only against other people who may mean you harm but also against wild animals. I'd hate to come across an animal intent on feasting on some fish when it's my pants or shirt that is what is soaked with fishy goodness.
Link Posted: 4/11/2006 5:24:33 PM EDT
I'ld have to go back and look again, I'm pretty sure it refers to OPEN loaded carry while hunting or fishing, not concealed carry
Link Posted: 4/11/2006 5:43:08 PM EDT

Originally Posted By PaDanby:
I'ld have to go back and look again, I'm pretty sure it refers to OPEN loaded carry while hunting or fishing, not concealed carry



Fuck it, I'll bring my penal code book with me fishing and I'll test that law.
Link Posted: 4/11/2006 5:46:17 PM EDT
Link Posted: 4/11/2006 5:46:40 PM EDT

Originally Posted By Blue84S10:

Originally Posted By PaDanby:
I'ld have to go back and look again, I'm pretty sure it refers to OPEN loaded carry while hunting or fishing, not concealed carry



Fuck it, I'll bring my penal code book with me fishing and I'll test that law.



No need for a gun then, as you can literally bore some to death or beat them to stupidity with that thing.
Link Posted: 4/11/2006 5:55:00 PM EDT

Originally Posted By NeoWeird:

Originally Posted By Blue84S10:

Originally Posted By PaDanby:
I'ld have to go back and look again, I'm pretty sure it refers to OPEN loaded carry while hunting or fishing, not concealed carry



Fuck it, I'll bring my penal code book with me fishing and I'll test that law.



No need for a gun then, as you can literally bore some to death or beat them to stupidity with that thing.



I was planning on concealing my pistol in the book! But seriously, if I carry openly while fishing what's it going to hurt? I might get alittle hasslin but I really don't think it would turn into anything.
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