How Far Off the Road to Hunt

December 23, 2010

Question:How far off the road must one be to begin hunting or to shoot at 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: According to DFG Lt. Todd Tognazzini, there are several laws that apply to what you describe. The U.S. Forest Service calls for staying off the roadway, and this includes the adjacent “right of way” areas such as the road shoulder or those areas where service vehicles would travel. County ordinances often define the distance allowed from a public roadway where a firearm may be discharged, and it is usually around 150 feet. This can be highly variable though so I suggest you check with the county sheriff for the area where you’ll be hunting to find out.

It is always unlawful to negligently discharge a firearm and the California Penal Code, section 374(c) also prohibits the discharge of a firearm from or upon or along a public road or highway. Definitions for “road” and “roadway” can be found in sections 527 and 530 of the California Penal Code.