Guns on Boat While Fishing

May 21, 2015

Question: We do not have a concealed carry permit but while camping we keep a loaded pistol in our camper for personal protection. We would prefer not to leave it in the camper while we are out on the boat fishing. Is it legal to carry an unloaded firearm (pistol) on a boat while fishing in the ocean? If so, does it have to be in plain sight or can it be kept in a glove box on the boat? (Lisa G., Granite Bay)

Answer: California Penal Code, section 25400 provides: A person is guilty of carrying a concealed firearm when the person does any of the following:

1.   Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

2.   Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.

3.   Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

However, the above section does not apply to, or affect, 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 (California Penal Code, section 25640).

A summary of firearms laws is available online at http://dfg.ca.gov/enforcement/ under Helpful Information on the right margin.

Are water pistols count? 

#FishLivesMatter

PC 25640 applies only if the firearm is not ACTUALLY CONCEALED while in the boat..it is OK to transport or have in possession, but not to conceal it upon the person

If you conceal it right, nobody will know!

PC 25640 applies only if the firearm is not ACTUALLY CONCEALED while in the boat..it is OK to transport or have in possession, but not to conceal it upon the person

Hey Mike, can you please elaborate?  Based on what Hojo just posted, you may carry a concealed firearm if you're hunting or fishing. 

Reading number 1 and 2 in thecode section it says carries cocealed and the words a firearm capable of being concealed.  What is posted as exceptions says ok to carry a firearm capable of being concealed but doesn't say ok to carry it concealed.  Handguns are defined as being capable of being concealed whether they actually are or not.....of course all of this is open to interpretation by everyone. That is my reading of the law 25640 from being a cop for over 30 years.

You could always lock it in a case like you would in your truck if it is unloaded anyway.

The simple solution is to just get the CCW permit.  At least in El Dorado County it's simple.

i don't know man.  PC 25400 provides 3 examples of carrying concealed.  Then, PC 25640 says that the 3 examples DO NOT affect hunters and fisherman.  I can't be the only one reading it this way...

Reading number 1 and 2 in thecode section it says carries cocealed and the words a firearm capable of being concealed.  What is posted as exceptions says ok to carry a firearm capable of being concealed but doesn't say ok to carry it concealed.  Handguns are defined as being capable of being concealed whether they actually are or not.....of course all of this is open to interpretation by everyone. That is my reading of the law 25640 from being a cop for over 30 years.

Found this:
Read the bottom

Penal Code Section 12025 does not apply to or affect the lawful transportation or
possession of a firearm under specific circumstances, including, but not limited to, the
following:
• The transportation of a firearm by a person who finds the firearm in order to comply
with Article 1 (commencing with section 2080) of Chapter 4 of Division 3 of the
Civil Code as it pertains to that firearm and if that firearm is being transported to a
law enforcement agency, the person gives prior notice to the law enforcement
agency that he or she is transporting the firearm to the law enforcement agency.
(Penal Code § 12026.2(a)(17).)
• The transportation of a firearm by a person who finds the firearm, and is
transporting it to a law enforcement agency for disposition according to law, if he or
she gives prior notice to the law enforcement agency that he or she is transporting
the firearm to the law enforcement agency for disposition according to law.
Firearms must be transported unloaded and in a locked container and the course of
travel shall include only those deviations between authorized locations, as
necessary. (Penal Code §§ 12026.2(a)(17), (18) and (b).)
• The carrying of a pistol, revolver, or other firearm capable of being concealed upon
the person by a person who is authorized to carry that weapon in a concealed
manner pursuant to Article 3 (commencing with section 12050) of the Penal Code.
• Members of any club or organization organized for the purpose of practicing
shooting at targets upon established target ranges, whether public or private, while
the members are using concealable firearms upon the target ranges.
• Authorized peace officers, retired peace officers, and retired federal officers or
agents as defined in Penal Code sections 830.1, 830.2, 830.5, 12027(a) and
12031(b).
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.

lesson to be learned ... always carry a fishing pole when you're packin a gun 

"No officer, I'm on my way fishing"

i don't know man.  PC 25400 provides 3 examples of carrying concealed.  Then, PC 25640 says that the 3 examples DO NOT affect hunters and fisherman.  I can't be the only one reading it this way...

Reading number 1 and 2 in thecode section it says carries cocealed and the words a firearm capable of being concealed.  What is posted as exceptions says ok to carry a firearm capable of being concealed but doesn't say ok to carry it concealed.  Handguns are defined as being capable of being concealed whether they actually are or not.....of course all of this is open to interpretation by everyone. That is my reading of the law 25640 from being a cop for over 30 years.

That is exactly how I read it.

Ok, I re-read these sections...the older 12025 and 12031 were deleted for new weapons sections of the penal code in or around 2010-2012...many of them are almost word for word changes to the new code numbers.
 I said before that these things are open to interpretation, Ive been doing it a long time, and my opinion the written word does not say it is OK to carry the firearm concealed, it only says Ok to carry a firearm "capable of being concealed" in 25640...I cant say how FnG would apply it, I was a street cop for 28 yrs, now in the courts, never did FnG enforcement, my best guess here.

You may be right tho and I may be the one reading too much into it

The BIGGER question, what is "concealled"...drops mic and walks off stage......