Distance From the Road to Hunt

August 5, 2010

Question: I’ve heard that you need to be a certain distance from highways and roads when hunting. How far away from the roadway do you need to be before shooting?

Answer: Neither the Fish and Game Code nor the California Penal Code states a specific distance that hunters or shooters need to be from roads. Penal Code section 374(c) most closely addresses this issue as it states, “Every person who shoots any firearm from or upon a public road or highway is guilty of a misdemeanor.”

In essence, this section makes it unlawful to discharge a gun from the highway surface. “Highway” as defined in the California Vehicle Code is a road that is “publicly maintained and open to the use of the public for purposes of vehicular travel.” Bear in mind, however, that local (e.g. county) ordinances may prohibit the discharge of firearms in certain areas or within certain distances of roads, and in general, most cities do not allow shooting within the city limits. You should check with your county sheriff’s office, too.

Certainly the most important factor, regardless of the law, is public safety. Well- traveled roads and highways are not appropriate places to shoot. If you were to injure another person or livestock, or damage property, you would undoubtedly be subject to civil and possibly criminal prosecution. While shooting just one inch away from a road may be legal, it may not be safe.