CCW w/o license okay if going on fishing/hunting trip?

[cwp228]

See this in calguns:

"Concealed carry is legal without a CCW if you have a fishing license or hunting license and you are traveling to and from hunting/fishing.

If you are on your way to go fishing and you tell the officer that fact, he is powerless to arrest you for concealed carry."

Original thread:
If the officer suspects you have a firearm in the car?... - Calguns.net

Anyone know if this statement is true? I find it hard to believe.

[45 ACP]

Based on what's in the Penal Code, it's true. HOWEVER, what the poster on Calguns is counting on is:

1. The officer on scene "believing" that you're in fact enroute to go fishing/hunting. Where I work, not likely. Rural counties, maybe.

2. The DA is going to use the Fish and Game definition of "loaded" when it comes to firearms.

I also noticed the original poster of that comment (E Pluribus Unum) said he takes out the magazine when he "drives into the city." That's because the DFG definition of "loaded" doesn't apply in a city.

I suspect he also does this because he couldn't even come close to arguing he's enroute to fish/hunt when he's driving around town between the Mega-Lo Mart, the auto shop, and the grocery store.

He seems to be tip-toeing around the law by claiming he's enroute to hunt/fish at all times he's not in the city. Uh-huh, right.

Is it worth the risk to your financial well-being and your right to possess firearms under state law?

Are you willing to be a test case? Can you (literally) afford to be?

These are the questions you must ask yourself if you want to operate in the nebulous regions of the law.

Read the legal definition of probable cause in relation to arrest. It doesn't take much.

[CCWInstructor]

That has been tried before. The last case I was involved in. It did not work. 15K later the suspect lost his rights to own a gun in this state for 10 years.

I just love internet experts. The finer you cut the law, the finer LEO's do too.
They don't like losing.

[newshooterinca]

This is like a former co-worker of mine who got his license suspended for DUI with a work exception. As an insurance agent his plan was to tell any LEO who pulled him over that he's enroute to an appointment. Good luck on that one without a contract or other credible docs to prove it.

[hygyliac]

It surprises me to no end how people will push the envelope. Its one thing to actually require to CCW and quite another to pretend.

[NSP]

So if I'm fishing on the Yuba River I can have my XD on my hip?

I never knew this.

[newshooterinca]

Originally Posted by NSP

So if I'm fishing on the Yuba River I can have my XD on my hip?

I never knew this.

Like all laws it's up to a judge's twisting and interpretation which our society somehow continues to tolerate. I wouldn't try it without a CCW.

[DVSmith]

This sounds an awful lot like someone looking for a loophole that LE and the courts are not likely to agree with.

But hey, if you want to be a test case, who am I to discourage you?

[NSP]

Originally Posted by newshooterinca

Like all laws it's up to a judge's twisting and interpretation which our society somehow continues to tolerate. I wouldn't try it without a CCW.

So you need a CCW permit to hip carry?

[Dan M.]

Originally Posted by NSP

So you need a CCW permit to hip carry?

If you meet the myriad of exceptions regarding public places, state and federal parks, loaded/unloaded, concealed/open carry, legally allowed to possess, openly engaged in fishing/hunting where fishing/hunting is allowed and you are licensed by the DFG, etc. AND IF you can convince a judge that you qualify for said exceptions, you might be okay. Is it worth the legal fees to find out?

[OCRancher]

I think that these guys are reading too much into the statue, as well.

The phrase, 'coming or going fishing or hunting" does not necessarily imply while driving, but rather, once in a hunting or fishing area, while walking. And you better have your fishing or hunting license and tags current and on you at the time. There is NOT a grey area here. Ask any experienced hunter.

[Spicy McHaggis]

Originally Posted by OCRancher

I think that these guys are reading too much into the statue, as well.

The phrase, 'coming or going fishing or hunting" does not necessarily imply while driving, but rather, once in a hunting or fishing area, while walking. And you better have your fishing or hunting license and tags current and on you at the time. There is NOT a grey area here. Ask any experienced hunter.

That's exactly what I was going to say, except for the part about being an experienced hunter. Haven't done it.....yet.

The last place you want to get legal advice from is from Calguns. Their interpretations of a lot of laws have landed some of their members in jail and/or very expensive court cases trying to prove that interpretation.

[BonoVox]

Originally Posted by Dan M.

If you meet the myriad of exceptions regarding public places, state and federal parks, loaded/unloaded, concealed/open carry, legally allowed to possess, openly engaged in fishing/hunting where fishing/hunting is allowed and you are licensed by the DFG, etc. AND IF you can convince a judge that you qualify for said exceptions, you might be okay. Is it worth the legal fees to find out?

Or a jury of 12 possible antis!

[El Gato]

Originally Posted by NSP

So you need a CCW permit to hip carry?

Try reading PC 12025 and PC 12031. The operative part here is weather or not it is concealed. 12025 states specifically that a firearm carried openly exposed upon a belt holster is not considered to be concealed under the meaning of the section. 12031 speaks to carrying a loaded gun.

Take CCW instructors advice on this... don't cut the law into little pieces and take only the sections you like!

Carrying a loaded gun, exposed, on your belt, in an area wherein shooting your gun is otherwise lawful, is the general practice here in the Kern, Tulare county areas for fishermen and hiker...even if you don't have a ccw ( and lots of people do here). This practice however generally freaks out the nature lovers from south of the Tehachapi curtain....and those with a ccw generally carry concealed. I have often seen people carrying in campsites and while fishing in creeks.

Getting in your vehicle with your loaded firearm (a round attached to the firearm in any manner whatsoever) is an invitation to an introduction to the Kern County Justice system....

[El Gato]

Originally Posted by El Gato

Try reading PC 12025 and PC 12031. The operative part here is weather or not it is concealed. 12025 states specifically that a firearm carried openly exposed upon a belt holster is not considered to be concealed under the meaning of the section. 12031 speaks to carrying a loaded gun.

Take CCW instructors advice on this... don't cut the law into little pieces and take only the sections you like!

Carrying a loaded gun, exposed, on your belt, in an area wherein shooting your gun is otherwise lawful, is the general practice here in the Kern, Tulare county areas for fishermen and hiker...even if you don't have a ccw ( and lots of people do here). This practice however generally freaks out the nature lovers from south of the Tehachapi curtain....and those with a ccw generally carry concealed. I have often seen people carrying in campsites and while fishing in creeks.

Getting in your vehicle with your loaded firearm, (a round attached to the firearm in any manner whatsoever), is an invitation to an introduction to the Kern County Justice system....

The above is true, of course only if you do not have a ccw or if the gun you are carrying is not listed on the permit.