BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1367|
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UNFINISHED BUSINESS
Bill No: SB 1367
Author: Fuller (R)
Amended: 8/6/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 7-2, 4/24/12
AYES: Pavley, La Malfa, Cannella, Fuller, Padilla,
Simitian, Wolk
NOES: Evans, Kehoe
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 33-4, 5/21/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, De León, DeSaulnier, Dutton, Emmerson,
Fuller, Gaines, Hernandez, Huff, La Malfa, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Rubio, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland
NOES: Evans, Hancock, Kehoe, Yee
NO VOTE RECORDED: Correa, Harman, Runner
ASSEMBLY FLOOR : 78-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Deer: archery season: concealed firearms
SOURCE : California Rifle and Pistol Association
National Rifle Association of America
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DIGEST : This bill revises archery provisions to
authorize a peace officer, whether active or honorably
retired, to carry a firearm capable of being concealed on
his/her person while engaged in the taking of deer with bow
and arrow, but prohibits taking or attempting to take deer
with that firearm.
Assembly Amendments make clarifying and technical changes.
ANALYSIS :
Existing law:
1.Establishes an archery season for the taking of deer with
bow and arrow.
2.Prohibits a person taking or attempting to take deer
during that archery season from carrying, or have under
his/her immediate control, any firearm of any kind.
3.Generally makes carrying a concealed firearm a crime, but
establishes a number of exceptions, including exceptions
for peace officers, honorably retired peace officers, and
hunters and fishermen while engaged in hunting or
fishing.
This bill revises archery provisions to authorize a peace
officer, whether active or honorably retired, to carry a
firearm capable of being concealed on his/her person while
engaged in the taking of deer with bow and arrow, but
prohibits taking or attempting to take deer with that
firearm.
Background
The Department of Fish and Game (DFG) is authorized to
regulate hunting in California. A valid license is
required to take any mammal or bird, and hunters must meet
hunter education requirements. From 2003 - 2011,
approximately 294,500 hunting licenses and 190,000 deer
tags were sold annually on average. A deer hunter is
required to have both a valid license and a deer tag
specific to the particular hunt in his or her possession.
Both the license and the tag can be obtained from DFG.
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Interest has declined since, for example, the early 1970s
when over 600,000 hunting licenses and over 300,000 deer
tags were sold annually, and deer hunting remains an
important recreational activity to many.
Following a successful kill, the hunter must immediately
fix the tag to the deer. The tag must be validated by DFG
or other authorized personnel before taking the deer home.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/24/12) (per Senate Natural
Resources and Water Committee analysis - unable to reverify
at time of writing)
California Rifle and Pistol Association (co-source)
National Rifle Association of America (co-source)
Peace Officer Research Association of California
ARGUMENTS IN SUPPORT : According to the author
"Ýe]xisting Penal Code and Fish and Game Code sections are
in conflict over the ability to carry a concealed weapon
while archery hunting. Fish and Game code section 4370
provides that it is illegal for any person taking or
attempting to take deer during archery season to carry a
firearm of any kind. As written, this code section is in
direct conflict with the provisions of the penal code that
allow peace officers, honorably retired peace officers and
licensed individuals to carry a concealed handgun. Ý?] The
problem this creates for those who are otherwise allowed to
carry a concealed handgun is that the individual is then
faced with leaving the handgun inside his or her vehicle,
often parked miles from where he or she will be archery
hunting. In addition, many individuals like to carry a
concealed handgun while on this kind of hunt to protect
themselves from larger predators such as mountain lions and
bears. In recent years, those protecting illegal marijuana
growing operations and other illicit drug manufacturing
have also posed a potential threat to archery hunters."
ASSEMBLY FLOOR : 78-0, 08/16/12
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
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Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Ammiano, Lara
CTW:d 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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