Road Hunting

October 11, 2012

Question: How far off the road must one be to begin hunting/shoot an animal? I see guys hunting ditches just off the road for pheasants all the time. Also, what constitutes a “road” for this purpose? (Michael O., Woodland)

Answer: There are several laws that apply to what you describe. Most counties regulate the distance from a public roadway a firearm may be discharged under a county ordinance. Many counties require 150 feet, but this is highly variable and you would have to check with your county to find out. It is always unlawful to negligently discharge a firearm, and California Penal Code, section 374c prohibits the discharge of a firearm from or upon a public road or highway. Fish and Game Code, section 3004(b) makes it unlawful to discharge a firearm or release an arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner. Definitions for road and roadway can be found in sections 527 and 530 of the California Vehicle Code.