Concealed Weapon Law When Hunting/Fishing

December 15, 2011

Question: I have a question about carrying a concealed weapon (pistol/revolver) while engaged in hunting/fishing in California without a CCW permit. My understanding of Penal Code 12027 is that if I’m engaged in hunting/fishing, I can carry a loaded concealed weapon, but when en route to and from, I need to unload the firearm but it may be concealed. (David F., Lake Almanor)

Answer: This is correct. Licensed hunters or fishermen can carry loaded and concealed pistols, revolvers or other firearms capable of being concealed upon their person while engaged in hunting or fishing as long as they are in a place where it is lawful to carry a firearm. When going to or returning from the hunting or fishing expedition, or when transporting those firearms, they must be unloaded (PC, section 12027(g)).

This exemption does not apply in all cases though. While handguns may be used to take certain types of game in the field, the carrying of a loaded handgun while fishing from a public place in an incorporated city, or in prohibited areas outside of incorporated cities could constitute a violation of PC 12031(a)1). It is also not lawful, to carry a concealed firearm, or any firearm at all, when hunting under an archery only tag or during an archery only season.

Glad I read this. I sometimes go fishing at skittish spots at night, wish I could have my gun with me.
Worst case I could use it against mountain lions.

Will I have to check with the local authority about said location ?

Not trying to loophole a law here just curious. My neighbor has always told me he can conceal carry unloaded anywhere, because he will just tell them he is on his way to his boat to fish, or somewhere to hunt. Is this true? How could they prove he wasn't?

Not trying to loophole a law here just curious. My neighbor has always told me he can conceal carry unloaded anywhere, because he will just tell them he is on his way to his boat to fish, or somewhere to hunt. Is this true? How could they prove he wasn't?

You have to be in the act of hunting or fishing, not driving or walking or bicycling to those places.  Getting caught carrying is only a misdemeanor, but you won't be able to get a real permit for a long time.  If you want to carry, just get a permit.  And depending on what county you live in, it is getting real easy to get one.

Not trying to loophole a law here just curious. My neighbor has always told me he can conceal carry unloaded anywhere, because he will just tell them he is on his way to his boat to fish, or somewhere to hunt. Is this true? How could they prove he wasn't?

You have to be in the act of hunting or fishing, not driving or walking or bicycling to those places.  Getting caught carrying is only a misdemeanor, but you won't be able to get a real permit for a long time.  If you want to carry, just get a permit.  And depending on what county you live in, it is getting real easy to get one.

Lol. Not in Solano. They said don't even waste your time applying.