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2018 AOTY/DOTY Entry

Topic: So, Guns and fishing, concealed carry!?!?!?! Legal? You bet!!! Read on...  (Read 18256 times)

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Weimarian

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I've been asked before when folks have seen me armed and fishing. Just where I saw the law that made it ok... So here it is...   http://www.myoutdoorbuddy.com/outdoor_report.php?outdoor=1856
It reads.....       By Carrie Wilson, CA DFG Marine Biologist
Question: I was out fishing at Pine Flat Reservoir this past weekend and I came across an angler. He had a handgun on his side. I thought he was a warden, but he was fishing about 20 yards from me. He was dressed in civilian clothes (blue jeans/long sleeve shirt with a fishing vest).
I did not talk to him or ask him his name. When I got home I told my cousin about it and he told me that he heard there's a clause in the Department of Fish and Game (DFG) policy that makes it okay for anglers to carry a gun (pistol) while out fishing, as long as the pistol is not loaded and as long as the angler possess a California fishing license. Is this true? (Alex V.)
Answer:  There is a California Penal Code law that allows anglers to carry a gun while fishing and while hiking to and from their angling site. California Penal Code, section 12025 prohibits carrying concealed firearms in California, however, section 12027 provides the following exemption to this prohibition: "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." Remember that some areas that allow fishing, such as state and national parks, and some incorporated areas where fishing is allowed prohibit the possession of any firearm. Make sure to check on the local laws where you plan to fish. The California Bureau of Firearms in the Department of Justice posts a summary of California firearm laws online at http://ag.ca.gov/firearms/.

http://www.oclaw.org/research/code/ca/PEN/12027./content.html#.U0xi2lVdWh0
Section 12025 does not apply to, or affect, any of the following:
(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.

So that is where I get this from... Has not been amended or abolished (yet) Print this out and remember if you are approached by an Identified officer... (yes I will ask a plain clothed, non uniformed or DFW officer to SHOW ID OR BADGE) Let him know you are armed/concealed carry. And ask him with hands in plain view, how he would like you to proceed... Unless The Officer presents ID I tell them to back away slowly and that I feel threatened and will defend myself... (3 times in my lifetime, 2 in delta near Stockton, 1 in Tracy. 2 of those ended with their arrest...) So now ya know.....
Short days and chilly water... must be time for TROUT and STRIPER


MontanaN8V

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This is the exception. But..........unless you are in the act of fishing or hunting, it is your word against theirs. Even then, it is. In your vehicle on the way, Vehicle Code is precedential. You still have to have them as if on the way to a range. My question is, why carry while fishing? What means of legal take permit the use of a gun? I am not undermining the second amendment or the exception to allow one to carry open or concealed while hunting or fishing, but when it comes down to it, you better be able to PROVE you were in the act of hunting or fishing.
Live your life, the way you want to be remembered. Don't have any regrets, we only get this one dance to make it count. Start at your eulogy, and work backwards.


Weimarian

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Gun is NOT for wild life :smt003 Gun is for PERSONAL protection! I don't know about you but, at any given time there is over $600.00 worth of easy money on my kayak while fishing... This does NOT include the Kayak or what I may have in my wallet. Yes Nancy, there are bad people out there. One guy in the delta or some lakes makes an easy target. Not so much if he can through more than a fishing weight at you :smt071 And yes you have to "BE" fishing but when are you not if you are on a "FISHING" Kayak :smt044
« Last Edit: April 14, 2014, 04:57:18 PM by Weimarian »
Short days and chilly water... must be time for TROUT and STRIPER


Mr.Matt

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Just carry a rape whistle.
Matt


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I have friends that fished at night along the Sac river for sturgeon who carry because of the scum that prey on people along the river.  Several times they have had to show or draw their weapons to make the scum go away.   These predators are usually on drugs and want some quick money and don't care about the consequences until you show them your gun.  My friends were ex Marines and didn't have a problem confronting the druggies when they came by.
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Joel

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rms unloaded when going to or returning from the hunting or fishing expedition.
. And ask him with hands in plain view, how he would like you to proceed... Unless The Officer presents ID I tell them to back away slowly and that I feel threatened and will defend myself... (3 times in my lifetime, 2 in delta near Stockton, 1 in Tracy. 2 of those ended with their arrest...) So now ya know.....
[/quote]

Any chance you will elaborate?  I may carry when I fish the delta.... :smt003


willidru

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The one problem I see is the part about the pistol having to be "unloaded". I find an unloaded pistol to be fairly useless. What is "unloaded" mean magazine in, but nothing cambered? Or does it mean mag is out.

Obviously better than nothing, but be careful if approached and your gun isn't loaded.


Mr.Matt

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Unloaded means mag out.
Matt


crash

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Full magazine out of the gun, action locked open doesn't take long to be ready to fire.
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rob102

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I read it like this:
 
You can carry a loaded firearm while hunting or fishing.  It only has to be unloaded when transporting to or from in the vehicle.

Am I mistaken?


Backlash

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I read it like this:
 
You can carry a loaded firearm while hunting or fishing.  It only has to be unloaded when transporting to or from in the vehicle.

Am I mistaken?

That's correct. Can be concealed and loaded while fishing or hunting. Unloaded when transporting in vehicle


Weimarian

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Elaborate? Not much to tell,  I was approached by an individual asking to see my ID and trying to get close in to me... he would not show ID. I pulled my gun and detained him for police and he was arrested for impersonating an Officer. other time it was a Drunk/drugged up guy with a security officer shirt stating I was fishing illegally and he was going to confiscate my fishing gear. Again would not produce ID. then he ran off when my gun showed in the holster. 3rd time was out in the delta near Stockton. Boat full of rough looking guys went past me 3 times then. came back again headed right for my kayak. I was on the phone to police and when they were within 30' of me I drew and made ready to fire. they left but I reported the CF # turned out they were caught and had lots of stolen gear on board. they had been Busy... Thar be pirates in these waters sonny, Arrrrr Probably never need to actually use it but without it... I might have lost everything or been injured 'cause I'd put up a hell of a fight :smt003
Short days and chilly water... must be time for TROUT and STRIPER


surfingdude

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What a pain in the ass....none of that sounds like fun fishing ...sounds  like I should  stay in the Santa Cruz salt and away from Sac.


Weimarian

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You will probably never have a problem.... I've been fishing a long time and a lot by myself and have only had 3 problems over all this time... Odds are in your favor :smt003
Short days and chilly water... must be time for TROUT and STRIPER


Blue Jeans

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I always go fishing in remote and delta areas with my PAPPY.



 

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