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  #1  
Old 12-04-2018, 12:07 PM
Pokerfish Pokerfish is offline
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Default conceal carry while fishing legal?

Was going over the California DOJ website and found this

The prohibition from carrying a concealed handgun does not apply to licensed
hunters or fishermen while engaged in hunting or fishing, or while going to or
returning from the hunting expedition . (Pen . Code, 25640 .) Notwithstanding
this exception for hunters or fishermen, these individuals may not carry or
transport loaded firearms when going to or from the expedition . The unloaded
firearms should be transported in the trunk of the vehicle or in a locked container
other than the utility or glove compartment . (Pen . Code, 25610 .)

Does this mean i can legally conceal while fishing without a ccl licence? Don't want to break any laws
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  #2  
Old 12-04-2018, 3:07 PM
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Quote:
Originally Posted by Pokerfish View Post
conceal carry while fishing legal?

Was going over the California DOJ website and found this

The prohibition from carrying a concealed handgun does not apply to licensed
hunters or fishermen while engaged in hunting or fishing, or while going to or
returning from the hunting expedition . (Pen . Code, 25640 .) Notwithstanding
this exception for hunters or fishermen, these individuals may not carry or
transport loaded firearms when going to or from the expedition . The unloaded
firearms should be transported in the trunk of the vehicle or in a locked container
other than the utility or glove compartment . (Pen . Code, 25610 .)

Does this mean i can legally conceal while fishing without a ccl licence? Don't want to break any laws
If you have a valid CA fishing license...
... it is legal to conceal carry an unloaded handgun while traveling to and from your fishing site.
... it is legal to conceal carry an unloaded handgun while fishing in an area that prohibits the discharge of firearms.
... it is legal to conceal carry a loaded handgun while fishing in an area that does not prohibit the discharge of firearms.

It is legal to open carry a loaded firearm or an unloaded firearm in an area where it is legal to discharge firearms.
It is legal to open carry an unloaded antique firearm.
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  #3  
Old 12-06-2018, 10:21 PM
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open carry while fishing at HB Pier in OC? sweet.. how many 911 calls?
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  #4  
Old 12-07-2018, 5:10 PM
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Quote:
Originally Posted by Mp5marley View Post
Quote:
Originally Posted by quiet
If you have a valid CA fishing license...
... it is legal to conceal carry an unloaded handgun while traveling to and from your fishing site.
... it is legal to conceal carry an unloaded handgun while fishing in an area that prohibits the discharge of firearms.
... it is legal to conceal carry a loaded handgun while fishing in an area that does not prohibit the discharge of firearms.

It is legal to open carry a loaded firearm or an unloaded firearm in an area where it is legal to discharge firearms.
It is legal to open carry an unloaded antique firearm.
open carry while fishing at HB Pier in OC? sweet.. how many 911 calls?
It is illegal to discharge a firearm anywhere in Huntington Beach [HBCC 9.76.010] (this includes the Huntington Beach Pier), which means it's illegal to open carry a loaded or unloaded firearm anywhere in the City of Huntington Beach.
^Unless you're an exempt person (LEO, BSIS licensed security in uniform, etc) or in an exempt area (shooting range, etc).

It would be legal under CA state laws to open carry an unloaded antique firearm in non-prohibited areas (schools, colleges, Gov buildings, etc).
So, it would be legal under CA state laws to open carry an unloaded antique firearm while at the Huntington Beach Pier.
However, unless granted a permit to do so, it would be illegal under Huntining Beach city ordinances to open/conceal carry it. [HBCC 9.80.040]
So, you can still be fined by the local LEOs for doing it.

With a valid CA Fishing license, it would also be legal under CA state laws to conceal carry an unloaded handgun, while fishing at the Huntington Beach Pier.
However, unless granted a permit to do so, it would be illegal under Huntining Beach city ordinances to do it. [HBCC 9.80.040]
So, you can still be fined by the local LEOs for doing it.
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Last edited by Quiet; 12-08-2018 at 4:16 PM..
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  #5  
Old 12-10-2018, 7:43 AM
robertmneal93 robertmneal93 is offline
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Quote:
Originally Posted by Quiet View Post
If you have a valid CA fishing license...
... it is legal to conceal carry an unloaded handgun while traveling to and from your fishing site.
... it is legal to conceal carry an unloaded handgun while fishing in an area that prohibits the discharge of firearms.
... it is legal to conceal carry a loaded handgun while fishing in an area that does not prohibit the discharge of firearms.

It is legal to open carry a loaded firearm or an unloaded firearm in an area where it is legal to discharge firearms.
It is legal to open carry an unloaded antique firearm.
What would the specifics of "to and from" be? Would it be driving to get to the fishing area (i.e. my house to a lake in the national forests), or would it be "I got to the lake, now I will conceal my unloaded handgun as I leave my car and walk to my fishing spot"?
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  #6  
Old 12-11-2018, 6:14 PM
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Quote:
Originally Posted by robertmneal93 View Post
What would the specifics of "to and from" be? Would it be driving to get to the fishing area (i.e. my house to a lake in the national forests), or would it be "I got to the lake, now I will conceal my unloaded handgun as I leave my car and walk to my fishing spot"?
This would be CA legal...
Exit residence and foot travel to vehicle = unloaded in locked container.
While in vehicle = unloaded in locked container.
Exit vehicle and foot travel to lake = unloaded conceal carry.
At lake, while fishing = loaded conceal carry.
Foot travel from lake to vehicle = unloaded conceal carry.
While in vehicle = unloaded in locked container.
Exit vehicle and foot travel to residence = unloaded in locked container.
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Last edited by Quiet; 12-11-2018 at 6:17 PM..
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  #7  
Old 12-23-2018, 9:16 AM
Blu808 Blu808 is offline
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What would the ordinance be in Santa Clara County?
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Old 12-23-2018, 3:16 PM
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Originally Posted by Blu808 View Post
What would the ordinance be in Santa Clara County?
Illegal to discharge a firearm anywhere in Santa Clara County. [SCCC B19-10]

Illegal to carry firearms anywhere in Santa Clara County, unless exempt. [SCCC B19-11]
^Exemptions for LEOs, BSIS licensed on-duty security, CA LTC permit holders, for unloaded firearms in locked containers, and for a person inside their own residence.
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Old 01-22-2019, 9:08 AM
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Is this legal in San Francisco or San mateo counties?
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Old 01-22-2019, 9:16 AM
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Holy crap the laws are so confusing and nonsensical how is a law abiding person suppose to be able to follow them.

That was a rhetorical question.

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  #11  
Old 01-22-2019, 9:22 AM
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Quote:
Originally Posted by Zilla View Post
Is this legal in San Francisco or San mateo counties?
Try it and let us know?
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Old 01-22-2019, 9:28 AM
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Originally Posted by Jimi Jah View Post
Try it and let us know?
Is that a question or a comment? Either way pretty clever. Thanks for contributing!

Last edited by Zilla; 01-22-2019 at 9:32 AM..
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Old 01-22-2019, 9:48 AM
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Does anybody know if the fishing exemption applies while fishing in a California State park?
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Old 01-22-2019, 10:12 AM
cibo cibo is offline
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So I'm hearing theres a chance I can oc my tokerov.
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Old 01-22-2019, 10:26 AM
Zilla Zilla is offline
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Originally Posted by cibo View Post
So I'm hearing theres a chance I can oc my tokerov.
The way I understand it, is if you cannot discharge a firearm in the area you are fishing, you conceal carry. I prefer that so much more as you are way less likely to have to explain to a LEO, a law they are likely not to know. Cant memorize them all.
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Old 01-22-2019, 10:34 AM
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Quote:
Originally Posted by Zilla View Post
Does anybody know if the fishing exemption applies while fishing in a California State park?
Based on reading the previous posts.. since it is illegal to discharge a firearms in CA State Parks, I believe you can conceal-carry unloaded (from vehicle to fishing spot, during fishing, & back to vehicle).
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Old 01-22-2019, 10:37 AM
furyous68 furyous68 is offline
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Quote:
Originally Posted by Zilla View Post
The way I understand it, is if you cannot discharge a firearm in the area you are fishing, you conceal carry. I prefer that so much more as you are way less likely to have to explain to a LEO, a law they are likely not to know. Cant memorize them all.
I think if the LEO doesn't know the law... and he does notice you are concealing (or asks if you have any weapons and you answer honestly)... you'll have a fun time convincing him of the law.
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Old 01-22-2019, 10:44 AM
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Quote:
Originally Posted by furyous68 View Post
I think if the LEO doesn't know the law... and he does notice you are concealing (or asks if you have any weapons and you answer honestly)... you'll have a fun time convincing him of the law.
Its not concealed if he notices.

Last edited by Zilla; 01-22-2019 at 10:47 AM..
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Old 01-22-2019, 10:47 AM
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I'm also not willing to become a test case lol. Just curious.
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Old 01-22-2019, 11:02 AM
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Quote:
Originally Posted by cibo View Post
So I'm hearing theres a chance I can oc my tokerov.
What Tokarev is antique? Don't confuse C&R with Antique. Antique means made before 1899, or a black powder replica of a gun made before 1899, or a muzzle loader that cannot readily be converted to fire fixed ammo. None of those describe a Tokarev.

Anyhow, you all should read this thread if you are interested in this subject (fishing/camping etc without CCW)
http://www.calguns.net/calgunforum/s...d.php?t=186457
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Last edited by SkyHawk; 01-22-2019 at 11:05 AM..
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  #21  
Old 01-25-2019, 7:56 PM
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Huntsprig Huntsprig is offline
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Quote:
Originally Posted by SkyHawk View Post
If you go to the link under *2 it says

Quote:
- Shooting is prohibited on or across roads or bodies of water ("prohibited areas")
The actual law says

Quote:
(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:

(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or

(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.

(3) Into or within any cave.
https://law.justia.com/cfr/title36/3...8.1.29.12.html

Looks to me that it is only illegal to shoot across a body of water if the body of water adjacent to a road?



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Last edited by Huntsprig; 01-25-2019 at 7:58 PM..
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