Rights of a Non-hunter in a Hunting Party

September 30, 2009

Question: What are the rules regarding having a non-hunter in my hunting party? Can that person possess a firearm for self defense? Can it be a rifle? In what ways can he participate in the hunt? If he has a hunting license but no tag, does this change anything? If he wants to hunt coyote, for which he does not need a tag, can he also sit in a stand with a deer hunter just to watch before moving to his hunting area? (David V.)

Answer: The basic answers to your questions are that California has no general law regarding who can accompany you while you are “taking” fish or game (hunting). However, there are some restrictions relating to special circumstances and/or areas (special hunts, wildlife areas, game refuges, etc.).

According to retired Department of Fish and Game (DFG) Capt. Phil Nelms, what California Fish and Game laws regulate is who is required to have a valid license in their possession while taking game. For the purposes of Fish and Game laws, the definition of “take” is “to hunt, pursue, catch, capture or kill or attempt to hunt, pursue, catch, capture or kill (fish and wildlife).”

This means that while DFG laws would not expressly prohibit a non-hunter from carrying a firearm for self-defense, a non-licensed person who is  carrying a firearm (especially a rifle) while in the company of an active hunter could be cited for taking wildlife without a license.

Any person who accompanies you while you are taking game must have a license if their actions in any way assist you in your efforts. And if a tag is required for the wildlife being pursued, they must also carry their own tag. If the non-hunter does not have a valid license and tag in possession and behaves in any manner that is consistent with a person who is taking wildlife, he will likely be cited.

If your guest wants to hunt coyote (which does not require a tag) and wants to sit in a deer stand with you just to watch before moving to his hunting area, he could be cited for being in possession of a firearm.