Is a House Considered “Occupied” if No One is Home?

January 18, 2017

Question: I have a question about the 150 yard safety zone and how it reads as “occupied.” I have some instances where there are cabins that are owned or leased on land within the Cleveland National Forest. Most are vacant almost all year long (emphasis during hunting season). If they are not “occupied” at the time, does the safety zone move down to the closest occupied dwelling and its associate outbuilding of that property? (James V., San Diego)

Answer: FGC, section 3004 states that it is unlawful for a person, other than the owner, person in possession of the premises or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence or other building, or within 150 yards of a barn or other outbuilding used in connection with an occupied dwelling house, residence or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. This 150-yard area is a “safety zone.” You should treat every one of those houses as if it is occupied.