hand gun on an archery hunt?

[coothunter]

I'm backpacking with my wife and two daughters during archery season this year. They will be staying around camp or day hiking while I hunt. Can I leave my wife with a hand gun?

[imnrut]

Can you, legally? Probably not. Someone here will have the specifics for you.

Should you... ABSOLUTLEY!!! I wouldn't hesitate. I would just keep it on your ol' lady the whole time though. Assuming she knows how to use it.

[socalkid]

Why wouldn't it be legal?
Are you not allowed to hunt coyotes with a rifle during archery deer season if you don't have a deer tag?
I thought that you could not have a handgun on you only if you were bowhunting during an archery season, am I wrong?

[Family Tradition]

Yup, very wrong.

Its illegal to have any firearm with you while hunting with an archery only tag or in a archery only season, even a hand gun.

BUT like the rutster said.........If I had my wife and kids with me, Kelly would be packin the 357.

[yucaipa mike]

A,B,and D zones deer tags.
These tags allow hunting during the archery season
with archery equipment and during general season
with muzzle,centerfire,shotgun,authorized pistol,revoler
crossbow or bow tags are vaild in all B zones; D3-5 tags
is vaild in zones D3,D4 and D5; and D11,D13 or D15 tags
may used in any of these zones. C zone deer tags ; These
tags are vaild in zones C1, C2, C3 AND C4 during the general
season only. Archery-only tags (AO TAGS):These tags allow hunting
with archery equipment only during the archery and general seasons
in zones A; ANY B or D zone; and during Additional G-10(RESTRICTED
TO MILLITARY PERSONAL ONLY)YOU MAY NOT POSSESS ANY FIREARM
OR CROSSBOW went hunting with an Archery tag except as otherwise
provided. This is from the DFG FORM.

[jackrabbit]

If your wife is not hunting, then the CA Fish and Game Code does not apply to her.

CA Penal Code allows for the legal possession of a loaded firearm, including a handgun, in a temporary residence -- and the code specifically lists a campsite as a temporary residence under this section. As long as there is no other jurisdiction which prohibits firearm possession (such as a national park like Yosemite NP) then she can carry the handgun as long as she is not hunting. While hiking together from one campsite to another I would recommend the handgun be unloaded while in her possession if you are walking together and your bow is readily available to take an animal; just so it cannot be claimed that she is helping you hunt.

A fishing license and fishing tackle also allows for the carry of a handgun on public property where it is not otherwise prohibited (for self protection obviously). Although I have not seen the exact citation, I THINK it is mentioned in the CA Penal Code as an exemption.

If you are hiking and camping in a national forest in CA I think she will be fine with a handgun if she is not with you while you are hunting.

[JNDEER]

Originally Posted by jackrabbit

If your wife is not hunting, then the CA Fish and Game Code does not apply to her.

CA Penal Code allows for the legal possession of a loaded firearm, including a handgun, in a temporary residence -- and the code specifically lists a campsite as a temporary residence under this section. As long as there is no other jurisdiction which prohibits firearm possession (such as a national park like Yosemite NP) then she can carry the handgun as long as she is not hunting. While hiking together from one campsite to another I would recommend the handgun be unloaded while in her possession if you are walking together and your bow is readily available to take an animal; just so it cannot be claimed that she is helping you hunt.

A fishing license and fishing tackle also allows for the carry of a handgun on public property where it is not otherwise prohibited (for self protection obviously). Although I have not seen the exact citation, I THINK it is mentioned in the CA Penal Code as an exemption.

If you are hiking and camping in a national forest in CA I think she will be fine with a handgun if she is not with you while you are hunting.

Yep, well put...the only thing I will add is that in FG code it does state that you cannot have in your possesion a firearm while archery hunting. In your possesion would also include your camp or temporary residence. The likelyhood a warden will cite you for being in camp and your wife has a pistol??? that is up to you to decide.

[huntingbret]

Confused on this subject. I know we can't have any handgun whatsoever when it's archery season only. What I'm confused on is the fact that we can carry a handgun when fishing or hiking just because we also possess a fishing license? So this means that when I'm fishing up in the mountain, I can legally bring my handgun, for protection purposes? What about a lake, can I legally bring that in my boat as well and use it for protection?

[Family Tradition]

I think what Rutster and I were trying to say is..............

In my 20 years of backpack hunting I have NEVER had a warden come into my
camp once I've left the trail head.

On top of that one would have to have cause to search your pack for said weapon.

People being stupid with firearms get caught on this.........dont be stupid.
Only person I know that ever got busted thought it would be fun to have a shooting contest while in camp with all the boys.
Sample Meadows in D7 early 90's. Everyone who shot got a ticket.

Thats all.

M

Edit: And for the record.....I dont cary a handgun while I backpack hunt. Never have.

[easymoney]

IMHO,
In CA, no to having one on you if you are bow hunting, but yes if it stays with the wife in camp. It's not the wild game that is dangerous, it's the crazy humans that are.
And I have to agree with family tradition, I have never been checked or stopped by rangers while in the back country in over 30 years. In fact I have rarely if ever seen any rangers on the trail, just shows me how much we can not depend on them for personal safety. It is always up to us to be pro active, while obeying the laws.
That being said, there are some states that do allow a side arm to be worn while bow hunting like OR.

[jackrabbit]

Huntingbret, I would not mess around with trying to carry a firearm for self protection on a major lake while fishing. The Penal Code exemptions only apply to public, unincorporated land where it is "otherwise" legal for you to discharge a firearm. Most lakes around here where you can launch a large boat, like a bass boat, are special parks or recreation areas that do not allow for the discharge of firearms -- Huntington Lake would be an example. Pine Flat is controlled by the Army Corps of Engineers and laws are enforced by the Sherrif I think; but I don't know the rules there for fishing and firearms. I'm confident you could transport a firearm across Pine Flat however to access legal national forest hunting land. I just would not mess with a protective firearm on a major lake if I was not sure it was ok with local law enforcement.

[socalkid]

My situation is similiar to coothunter's. I will be archery hunting during the archery season. I will be accompanied by my dad, who will not be hunting. Can he have a handgun on him legally?
The area we are hunting is near several known pot farms that were recently destroyed.

[easymoney]

Socal and coot, you guys need to get the gospel from LEO.
My understanding you can have a self protection firearm even in the state parks, inside a county park or lake campground may be different though.
You just can't have a firearm on you when bowhunting in CA. I have carried one on every camping trip for decades with no problems.

[bpnclark]

I’m back......

I have been stopped and have talked to several wardens in D5 about this. When you’re “actively” hunting, you cannot have a firearm anywhere around you. When you’re not hunting, you’re not hunting.

When you’re walking to, or driving to your camp, you’re not hunting. If you’re walking to camp, and see a deer and go after it, you’re hunting. When you are in camp, you’re not hunting. When you leave camp (with bow in hand) you’re hunting. When your buddy is following you around (while you’re hunting) they cannot have a firearm. When they stay back in camp, they are not hunting.

However, when you arrive back to your truck, and you’re loading a deer into your vehicle; if you have a pistol on you, you got some explaining to do (and you’ll probably get a ticket).

As for State/National Parks, you can not have a firearm anywhere. If you get caught with a firearm (even in your vehicle) you’re in trouble. National Forest are different, and you can have a firearm. State and National parks are protected.

If its worth it, take it. If its not, leave it at home..... Pistols just add weight to the pack anyways....

[socalkid]

Originally Posted by bpnclark

If its worth it, take it. If its not, leave it at home...

[Common Sense]

Many folks, even some here, are road hunters. If you are driving to camp and have a bow, deer tag, and firearm in your vehicle; a game warden might think you were road hunting. Legally, it is his/her call, I think. If your bow and firearm were both encased, you would probably not be cited. If your bow was strung and ready and you were driving very slow like you were road hunting, I figure the warden would cite.

Don't know, just a guessing??????????? I do know that once my dad and I were pulled over by a warden who checked to see that our rifles were unloaded and that we had licenses and tags while dad was driving on a public road.

[Glass eye]

In 1992 I drew a rifle antelope tag for Surprise Valley. Back then AO tags were good for most X zones and the archery deer opened one week before my antelope hunt.
I asked a Game Warden if I could archery hunt deer while I scouted for antelope and he said "yes" so long as the rifle was not easily accessible.
It could be left in camp while I was bowhunting or cased and out of reach while driving.

[Common Sense]

Originally Posted by Glass eye

In 1992 I drew a rifle antelope tag for Surprise Valley. Back then AO tags were good for most X zones and the archery deer opened one week before my antelope hunt.
I asked a Game Warden if I could archery hunt deer while I scouted for antelope and he said "yes" so long as the rifle was not easily accessible.
It could be left in camp while I was bowhunting or cased and out of reach while driving.

Hey Glasseye, I am not so sure I can believe that, IT SOUNDS TOO REASONABLE!


Seriously, thanks for the post.

[Sodhunter]

I have gone during archery season and hunted deer in the morning and doves at night. I have and will continue to not be worried about a cased gun in my truck during bow season, a loaded gun in my tent, trailer, or truck if I am sleeping in it at night, or anyone with me who is not bowhunting, legally carrying a gun for protection or hunting anything legal at the time. After having a mountain lion race down a hill and stop ten feet away from me in the dark one morning, I wish I could carry a handgun for the walk in without a flashlight. I do not, but if you are worried about some Ahole writing you a ticket for your wife protecting herself while you bowhunt, either you worry too much or this state is FUBAR. Maybe a little of both?

[imnrut]

Originally Posted by Common Sense

Many folks, even some here, are road hunters. If you are driving to camp and have a bow, deer tag, and firearm in your vehicle; a game warden might think you were road hunting. Legally, it is his/her call, I think.

That sounds about right to me CS.

I would say it all comes down to whether the warden who pulls you over is friendly or a hard ass.
I have a friend who was ticketed last year during archery season, while road hunting with his bow up front and a pistol under the seat.

Coothunter, since you're backpacking I would say its worth it to bring the heat for momma.

[Redneck75]

The thought of me going into the woods without a firearm is entirely foreign to me. Granted, I comply in Cali when I'm archery hunting but it feels weird. You won't catch me off pavement at home in Alaska or Oregon without a pistol in a holster...ever. I know the justification is that you're cheating with the firearm during archery season if you carry it. Let me just say that my typical packin' pistol during a bow hunt is a snub-nosed .500 S&W. I can pretty much hit anything at 10 yards with it and that's about the extent of it. If I grouped arrows as poorly at 50 yards as I do with that pistol, I'd be bawling and tearing the bow apart to try to figure out what's wrong. I am a very good pistol shot as well...I've been a Navy small-arms instructor for 10+ years and get a ton of practice time. It's just that an open-site snubby just don't compare to the accuracy of my bow at a decent range so it would be no advantage at all.

To answer the question though...hell yeah, I'd have the wife with the pistol. One less worry when you're out in the brush. People who aren't being dumbasses have a pretty tough time getting in trouble. Those who act like a fool have a tendency to attract attention in a hurry.

[DougH9]

I think the law should be amended. It made some sense back in the days when cats were scarce and you almost never saw them or their tracks, but when game managers gave up control of the forest to political groups the dynamics changed.

I feel wronged by not being able to protect myself against cats (I have been confronted TWICE now).

[Mntngoat]

Originally Posted by JNDEER

Yep, well put...the only thing I will add is that in FG code it does state that you cannot have in your possession a firearm while archery hunting. In your possession would also include your camp or temporary residence. .

But are you hunting at your camp spot? If not I see no problem with that. I'd very likly do the same.


ML

[DougH9]

"But are you hunting at your camp spot? If not I see no problem with that. I'd very likly do the same."

Two problems with that (if you are alone):

1. I don't think it would be legal to leave a handgun unattended in camp while you are off hunting.
2. The most likely time to get jumped by a cat is going to and from your stand in the dark.

I think that the concept of the 3 s's would apply here, only changed to P.H.S. (pack, hide, & shut up).

[m57jager]

I have and still do carry a side arm while hiking, fishing, or any other activities in remote areas. Not because of the animals but because of the two legged scavengers. Most the time I am accompanied by my wife and 3 daughters. I've talked with wardens while my pistol was on me and while it was in my tackle box as I was fishing. They looked at it but that was about it. As BPNClark said, someone who is with you with a handgun would definitely be a no go. As far as your wife who does not have a hunting license and is back in camp with your kids is well within her rights to have a handgun. She is not hunting, she is in public land in the mountains and whether she is in camp or out on a trail without you she can legally carry a pistol in a holster. The key is in camp or without you and in her possesion(sp). Pretty sure that's the case but I'd call DFG and let them explain. If not, I'd do it anyway. Who cares when it comes to your families safety. She needs it for two leggers and for animals since the kids are with her.