imported post
Mike Hunt wrote:
mjones wrote:
With regard to the CA Penal Code I agree completely.
However, could there possibly be Fish & Game or waterway issues?
Just checked over at leginfo.ca.gov and couldn't find any sections which refer to firearms in either the DFG code or Harbor.
Well, I'm on vacationso I could do a little research. Most of the codes don't refer to firearms directly....they tend to cite penal codes. 12001 seems to be the key reference.
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So, avoid a 'game refuge' without a permit (whatever a game refuge is...)
F&G 10500. Except under a permit or specific authorization, it is
unlawful to do any of the following:
(b) To use or have in possession in a game refuge, any firearm, BB
device as defined in subdivision (g) of Section
12001 of the Penal
Code, crossbow, bow and arrow, or any trap or other contrivance
designed to be, or capable of being, used to take birds or mammals,
or to discharge any firearm or BB device or to release any arrow or
crossbow bolt into any game refuge.
10506. Nothing in this code prohibits the possession of firearms,
BB devices as defined in subdivision (g) of Section
12001 of the
Penal Code, crossbows and bolts, or bows and arrows by persons when
traveling through any game refuges when the firearms are taken apart
or encased and unloaded and the bows are unstrung or stored
separately from any arrow or bolt. When the traveling is done on a
route other than a public highway or other public thoroughfare or
right of way, notice shall be given to the department at least 24
hours before that traveling. The notice shall give the name and
address of the person intending to travel through the refuge, the
name of the refuge, the approximate route, and the approximate time
when that person intends to travel through the refuge.
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Evidently you cannot 'salvage game' while armed unless you are a registered indian
F&G 3801.6. (a) Except as otherwise provided in this code or
regulations made pursuant thereto, it is unlawful to possess the
carcass, skin, or parts of any nongame bird. The feathers, carcass,
skin, or parts of any nongame bird possessed by any person in
violation of any of the provisions of this code shall be seized by
the department and delivered to a California Native American tribal
government or a scientific or educational institution, used by the
department, or destroyed.
(2) Nothing in this section allows any person to sell nongame bird
feathers, carcasses, skins, or parts. Native Americans meeting the
affirmative defense requirements may salvage dead nongame birds so
long as the person salvaging these birds does not possess, nor is in
the company of any person who possesses, a firearm, BB device as
defined in subdivision (g) of Section
12001 of the Penal Code, trap,
snare, net archery equipment, device capable of discharging a
projectile, or any apparatus designed to take birds. Salvaging shall
not take place by any person involved in the take of the nongame bird
to be salvaged, any person present at the time of the take, or by
any person who received related information originating from any
person present at the time of the take of the nongame bird. Salvaging
pursuant to this subdivision shall not take place if a bird has been
struck with any thrown or discharged projectile, trapped, netted,
caught, or snared.
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No hunting while 'intoxicated'
F&G 3001. It is unlawful to take birds or mammals with firearms, BB
devices as defined in subdivision (g) of Section
12001 of the Penal
Code, crossbows, or with bow and arrow when intoxicated.
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