Concealed carry confusion

From what I read there seems to be confusion regarding conceald carry while fishing. I just read this question on a DFW email.

"Question: Awhile back I was fly fishing for steelhead on the Klamath River. While on the river I was approached by a boat with wildlife officers aboard, and asked to present my fishing license and steelhead punch card, and to show that my flies were not barbed. All was good and the officers were very friendly and professional.

At the time, I was also carrying a concealed, unloaded pistol (with rounds in the magazine but not chamber) in my fishing vest (as allowed under California Penal Code, Section 25640). I was not asked by the wardens whether I was carrying any firearms, nor did I disclose that I was. I do not have a concealed carry weapon permit, but do carry concealed in accordance with PC 25640."

This person seems to believe he must carry unloaded. I can't be sure but he also seems to think his weapon was unloaded because there were no rounds in the chamber. I assume the magazine was in the gun.

I looked it up on the CA DOJ web site and they say the following...

"The prohibition from carrying a concealed handgun does not apply to licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from the hunting expedition . (Pen . Code, § 25640 .) Notwithstanding this exception for hunters or fishermen, these individuals may not carry or transport loaded firearms when going to or from the expedition . The unloaded firearms should be transported in the trunk of the vehicle or in a locked container other than the utility or glove compartment . (Pen . Code, § 25610 .)"

"A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip thereof attached to the firearm . A muzzle-loading firearm is deemed loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder . (Pen . Code, § 16840 .)"

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf?

The DOJ site seems to say we can carry concealed and loaded while fishing, but not while driving to and from. They also seem to say that if you have to hike from your car to the lake, you can carry concealed while hiking. After all you can't keep the gun in the trunk of your car as you hike. They also say unloaded means no ammo in the weapon. If the ammo is in a magazine, the magazine can't be in the weapon.

Is this how you understand the law?

yup......

there are certain areas not allowed to carry in such a manner, though.  State parks for instance.

So, if I am carrying a handgun concealed or not, while I walk from my car to the San Lorenzo Gorge inside Cowell Redwoods State Park, then I am in violation of  a separate law.

Advice:  Check with appropriate authorities for details of your destination......

Bushy

I just read in another post that DFW has a different definition of what a loaded gun is compared to DOJ.

Yep!

I guessing that the DOJ regs are what counts when it comes to carrying concealed while fishing. DFW definition of "loaded" would apply to hunting regs?

Typical bureaucratic mumbo jumbo. "It's ok to carry concealed coming and going, not withstanding that you can't carry concealed coming and going. 

It's not that complicated. 

It's not that complicated. 

It's not. And the fishing/hunting exception doesn't automatically allow concealed carry.

It's not that complicated. 

It's not. And the fishing/hunting exception doesn't automatically allow concealed carry.

These two statements seem incompatible. 

I'm guessing the ideas behind the rules are not as complicated as they seem when poorly written regs or summaries leave us trying to fill in the blanks or comprehend seeming contradictions.

It's not that complicated. 

It's not. And the fishing/hunting exception doesn't automatically allow concealed carry.

These two statements seem incompatible. 

I'm guessing the ideas behind the rules are not as complicated as they seem when poorly written regs or summaries leave us trying to fill in the blanks or comprehend seeming contradictions.

http://www.myoutdoorbuddy.com/outdoor_report.php?outdoor=1856

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/.

Carrying a shotgun while hunting fowl is not the same as having a handgun while fishing!  Why do you need a hand gun to catch fish?

The need to carry a concealed handguns is like the "adult" version of a baby needing the comfort of a pacifier in their mouth.

For me security consists of having a couple credit cards and cash in my wallet. In my 50 years of fishing that is all I ever needed to be secure whether on the shore or on a boat.

Carrying a shotgun while hunting fowl is not the same as having a handgun while fishing!  Why do you need a hand gun to catch fish?

The need to carry a concealed handguns is like the "adult" version of a baby needing the comfort of a pacifier in their mouth.

For me security consists of having a couple credit cards and cash in my wallet. In my 50 years of fishing that is all I ever needed to be secure whether on the shore or on a boat.

I agree mostly with your comment but it depends when and where you fish.  I have never felt the need to carry while I fish however I have a friend who would likely either be robbed or dead a couple of times if he wasn't carrying while fishing on the Sac River at night.

Carrying a shotgun while hunting fowl is not the same as having a handgun while fishing!  Why do you need a hand gun to catch fish?

The need to carry a concealed handguns is like the "adult" version of a baby needing the comfort of a pacifier in their mouth.

For me security consists of having a couple credit cards and cash in my wallet. In my 50 years of fishing that is all I ever needed to be secure whether on the shore or on a boat.

Hope no one read what I posted before I edited it.
Wasn't nice

Carrying a shotgun while hunting fowl is not the same as having a handgun while fishing!  Why do you need a hand gun to catch fish?

The need to carry a concealed handguns is like the "adult" version of a baby needing the comfort of a pacifier in their mouth.

For me security consists of having a couple credit cards and cash in my wallet. In my 50 years of fishing that is all I ever needed to be secure whether on the shore or on a boat.

You taking to me? I'm guessing you haven't given it much thought. I've never carried except when in the national forests. I bring up the subject because of curiosity about the confusing regs. If I ever thought it would be a good idea it would be nice if I knew what was legal and what wasn't.

That being said, why would anyone want to carry a gun while fishing?  I can't think of a single reason, unless of course you consider the possibility of being accosted by an animal that wants the fish you are carrying. Not all fishing takes place in the city limits. If you are in the back woods you might run across a bear or a mountain lion or ? Even if you don't have any fish with you, people are at risk out in the woods. Didn't you ever watch Deliverance?

Verified Mountain Lion Attacks on Humans in California (1986 through 2013)

The CDFW defines a mountain lion attack as an incident resulting in direct physical contact between a human and a mountain lion resulting in physical injury or death to the person. The CDFW considers an attack to be verified only when a physician, law enforcement officer or CDFW personnel determine the injuries were caused by a mountain lion.

Date   Type   Attack Location   County   Victim Sex   Age
March 1986   Nonfatal   Caspers Wilderness Park   Orange   Female   5 yrs.
Oct. 1986   Nonfatal   Caspers Wilderness Park   Orange   Male   6 yrs.
March 1992   Nonfatal   Gaviota State Park   Santa Barbara   Male   9 yrs.
Sept. 1993   Nonfatal   Cuyamaca State Park   San Diego   Female   10 yrs.
Apr. 1994   Fatal   Auburn State Recreation Area   El Dorado   Female   40 yrs.
Aug. 1994   Nonfatal   Mendocino County (remote)   Mendocino   Male   50s
Nonfatal   Female   50s
Dec. 1994   Fatal   Cuyamaca State Park   San Diego   Female   56 yrs.
Mar. 1995   Nonfatal   Mt. Lowe (San Gabriel Mtns.)   Los Angeles   Male   27 yrs.
Jan. 2004   Fatal   Whiting Ranch Regional Park   Orange   Male   35 yrs.
Jan. 2004   Nonfatal   Whiting Ranch Regional Park   Orange   Female   30 yrs.
June 2004   Nonfatal   Sequoia National Forest   Tulare   Female   28 yrs.
Jan. 2007   Nonfatal   Prairie Creek Redwoods State Park   Humboldt   Male   70 yrs
Jul. 2012   Nonfatal   Confluence of Shady Creek and Yuba River   Nevada   Male   63 yrs

http://www.dfg.ca.gov/wildlife/lion/attacks.html

Seriously though, why do you want to put down those that do things you don't?

"The need to carry a concealed handguns is like the 'adult' version of a baby needing the comfort of a pacifier in their mouth."

I agree.

While I can think of a few reasons one might feel the "need" to carry a gun in the backcountry, I can't think of ANY benefits to CONCEALING that weapon...

-Need to scare off a bear or mountain lion? It'll be quicker and easier to grab your gun out of an exposed holster on your belt than dig it out of your pocket or backpack first.

-Need to scare off a would-be mugger/assassin/terrorist? If your gun is showing, that'll already be taken care of for you.

I honestly can't understand the desire to carry a concealed gun, other than the warm fuzzy comfort it might give a gun enthusiast. Please explain it to me.

While I can think of a few reasons one might feel the "need" to carry a gun in the backcountry, I can't think of ANY benefits to CONCEALING that weapon...

To prevent unwanted attention or to not unnecessarily frighten others?

BTW, I think we can open carry while fishing, can't we?  Subject to local laws that is ...

-Allen