Discharging a Firearm Along Public Roadway

August 20, 2015

Question: As a firearms instructor and hunting enthusiast, I am continually asked the question, “When hunting and on foot (outside of a vehicle), can you discharge a firearm or other weapon (e.g. compound bow) from or along a public roadway?” Is there a minimum distance from a public roadway? For example, an inhabited structure or barn at 150 yards away? (Don S., Fresno)

Answer: 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 (Fish and Game Code, section 3004(b)). Discharging a firearm from or upon a public road or highway is also prohibited (Penal Code, section 374c). In addition, it is a felony to willfully discharge a firearm in a grossly negligent manner that could injure another person (Penal Code, section 246.3). Many cities and counties have also adopted ordinances further restricting where firearms may be fired, so hunters should consult their local law enforcement agency for specific information about the area where they wish to shoot.

Road signs are now safe.  Love that section about "other established way open to the public".  Shit, that means any dirt road they decide to claim.  Leaves a lot of leeway for interpretation.