Senate BillNo. 175


Introduced by Senator Fuller

February 6, 2013


An act to amend Section 10506 of the Fish and Game Code, relating to state game refuges.

LEGISLATIVE COUNSEL’S DIGEST

SB 175, as introduced, Fuller. State game refuges: possession of weapons.

Existing law generally prohibits the use or possession is in a game refuge of a firearm, BB device, crossbow, or bow and arrow capable of being used to take birds or mammals. However, existing law permits the possession of a firearm, BB device, crossbow and bolts, or bow and arrow by a person when traveling through any state game refuge when the firearms are taken apart or encased and unloaded and the bows are unstrung or stored separately from any arrow or bolt. Existing law requires that when the traveling is done on a route other than a public highway or other public thoroughfare or right of way, specified notice be given to the Department of Fish and Wildlife at least 24 hours before that traveling.

This bill would exempt certain peace officers, whether active or honorably retired, and any person licensed to carry a concealed firearm from the above travel and notice requirements as they relate to a firearm.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 10506 of the Fish and Game Code is
2amended to read:

begin delete
P2    1

10506.  

Nothing in this code prohibits

end delete
2begin insert

begin insert10506.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertNotwithstanding Section 10500, end insertthe possession of
3firearms, BB devices as defined in Section 16250 of the Penal
4Code, crossbows and bolts, or bows and arrowsbegin insert is permittedend insert by
5persons when traveling through any game refuges when the
6firearms are taken apart or encased and unloaded and the bows are
7unstrung or stored separately from any arrow or bolt. When the
8traveling is done on a route other than a public highway or other
9public thoroughfare or right of way, notice shall be given to the
10department at least 24 hours before that traveling. The notice shall
11give the name and address of the person intending to travel through
12the refuge, the name of the refuge, the approximate route, and the
13approximate time when that person intends to travel through the
14refuge.

begin insert

15(b) The travel and notice of requirements in subdivision (a) as
16they relate to a firearm do not apply to a peace officer listed in
17Section 830.1 or 830.2, or subdivision (a) of Section 830.33, of
18the Penal Code, whether active or honorably retired, or to a person
19licensed to carry a concealed firearm pursuant to subdivision (a)
20of Section 26150 of the Penal Code.

end insert
begin insert

21(c) Notwithstanding subdivision (b), a concealed firearm shall
22not be used to take game in a game refuge.

end insert


O

    99