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question about CC while fishing/hunting...

devildoc5

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Somewhere over run with mud(s)
From everything I have read it has become obvious that one could LCC while hunting/fishing and while going to/from said activities without a CCW. Am I mistaken anywhere in that or should I just take a fishing pole with me every time I go to the beach? (J/K)
 

mjones

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From everything I have read it has become obvious that one could LCC while hunting/fishing and while going to/from said activities without a CCW. Am I mistaken anywhere in that or should I just take a fishing pole with me every time I go to the beach? (J/K)
No - that exemption for CC has requires unloaded while going to/from.

12027 (g) 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.
 
Last edited:

mjones

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SoCal, , USA
But you can CC during fishing and hunting?
Yes, Concealment of a handgun is legal without a license while hunting/fishing and while going to/from hunting/fishing...HOWEVER the exemption is ONLY for concealment - it does not address the loaded state of the firearm while hunting/fishing and it specifically specifies UNLOADED for to/from.
 

pullnshoot25

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Escondido, California, USA
Yes, Concealment of a handgun is legal without a license while hunting/fishing and while going to/from hunting/fishing...HOWEVER the exemption is ONLY for concealment - it does not address the loaded state of the firearm while hunting/fishing and it specifically specifies UNLOADED for to/from.
This.is correct.
 

devildoc5

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Messages
791
Location
Somewhere over run with mud(s)
Yes, Concealment of a handgun is legal without a license while hunting/fishing and while going to/from hunting/fishing...HOWEVER the exemption is ONLY for concealment - it does not address the loaded state of the firearm while hunting/fishing and it specifically specifies UNLOADED for to/from.
So for all intents and purposes you can lcc while actually doing the activity, but LEO will not interpret it that way....?
 

yawn

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so unloaded cc is legal while hunting and fishinng and going to and from... loaded CC might be legal but it might not be in these instances... Ok, so UCC at the beach, UCC at the lake by the freeway or is it mountains lakes only?
 

markm

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Mar 7, 2010
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, ,
12027 (g)

No - that exemption for CC has requires unloaded while going to/from.

12025 (g) 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.
Hey mjones,

I hope you don't mind me pointing out a typo. The correct penal code section for CC while hunting or fishing is 12027 (g).

thanks,
markm
 

mjones

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Messages
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Location
SoCal, , USA
So for all intents and purposes you can lcc while actually doing the activity, but LEO will not interpret it that way....?
so unloaded cc is legal while hunting and fishinng and going to and from... loaded CC might be legal but it might not be in these instances... Ok, so UCC at the beach, UCC at the lake by the freeway or is it mountains lakes only?

I'll break it down into bullet points for clarification...

PC 12025 Makes it generally illegal to conceal a handgun.
PCs 12026 through 12027.1 provide possible exceptions to 12025

PC 12031 may make it illegal to have a loaded firearm.

Where UCC = Unloaded Concealed Carry, LCC = Loaded Concealed Carry.

** UCC while hunting or fishing is perfectly legal per 12027(g)

** UCC while travelling to/from hunting or fishing is perfectly legal per 12027(g)

** LCC while hunting or fishing. Legal to Conceal per 12027(g) and MIGHT be legal to carry loaded if you have an exemption per 12031 for a LOADED firearm. See 12031(i) below as an example...

** LCC while travelling to/from hunting or fishing. NEVER legal to conceal while loaded per 12027(g) (but other exemptions to 12025 and 12031 may apply)



12031 (i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
 

yawn

Regular Member
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Jan 15, 2011
Messages
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Location
west
the problem is that where the law is ambiguous, "they fill in the voids against 2A. and where the law seems clear, they make voids. There were too many mays and mights for my comfort... and worst of all, what defines hunting and fishing.... maybe I need a fence around my fishing pole?
 
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