Loaded Guns “on” Cars

November 5, 2009

Question: We were hunting doves in Imperial County recently when the game wardens came in asking for inspections. I set my 12-gauge shotgun on the hood of the car, gave the officer my hunting license, and then went back to check the guns to make sure they were unloaded. The officer stopped me and told me not to touch any gun at that point. He then checked the guns and found both my gun on top of the hood and another gun leaning on the front hood were loaded. I was given a ticket for Fish and Game Code Section 2006 ”loaded gun in a vehicle.” I tried to argue that my gun was not “IN” the vehicle but “ON” the vehicle, but the officer declined to argue and said I have to argue in court.

Is this a valid citation? Was the officer in a position not to allow me to have a chance to unload our firearms before his inspection? Do you have any court cases regarding loaded guns on top of the hood/vehicle? I plan to plead not guilty on the charge. (Grace C.)

Answer: The situation you describe did warrant a citation. According to game warden Todd Tognazzini, when a vehicle is upon or along a public roadway, guns placed in or on a vehicle or its attachments may not be loaded.

The origin of this law came from a March 15, 1972 Attorney General’s Opinion No. SO 71-38. There is much discourse within the opinion, but the final paragraph sums the information as follows: “… a violation does occur under Section 2006 Fish and Game Code when a person in possession of a loaded rifle or shotgun places such loaded weapon on the hood, fender or top of a motor vehicle, or in the bed or cargo carrying space or a pickup truck or its attachments thereto, when such vehicle is standing on or along a public highway or other way open to the public.”

Placing the loaded gun on the hood of the car is very dangerous and could lead to an accidental discharge if the gun were to slip off the hood. Game wardens must always consider their own safety during a contact and are trained not to allow a person to handle their firearms again until they are confirmed to be unloaded. Yours were loaded.

The warden followed the law in writing the citation.