BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 175 HEARING DATE: April 9, 2013
AUTHOR: Fuller URGENCY: No
VERSION: As introduced CONSULTANT: Katharine Moore
DUAL REFERRAL: Public Safety FISCAL: No
SUBJECT: State game refuges: possession of weapons
BACKGROUND AND EXISTING LAW
The Department of Fish and Wildlife (department) manages
California's diverse fish, wildlife, and plant resources, and
the habitats upon which they depend, for their ecological values
and for their use and enjoyment by the public. The Fish and
Game Commission (commission) has the power to regulate the
taking of fish and game but cannot authorize or permit the
taking of an animal or bird in a state game refuge (Fish and
Game Code (FGC) §200 et seq). There is a recognized need to
manage the population of game species and multiple examples of
protected state lands (e.g. state game refuges, state parks and
wildlife conservation areas, among others) intended to benefit
game and wildlife populations and protect the habitat these
populations depend upon. Additionally, in California there are
similarly-protected federal lands and conservation by private
landowners is encouraged.
The first state game refuge was established in 1870 and the
state game refuge system (FGC §§10500 - 10506) was established
in 1917 to protect and enhance game, particularly deer,
populations. The number, size and locations of refuges have
varied in the last century and there are currently 24 state game
refuges in California specified in statute. The locations range
from northern to southern California with many clustered in the
northeasterly part of the state. The refuges include both
private (timber) and public lands. The public lands consist of
federal (US Forest Service and Bureau of Land Management
property, a national monument and a national recreation area),
state (State Lands Commission, state parks and youth authority
property, and a department ecological reserve) and local
(city-owned property) lands. Modern game management techniques
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have evolved. Current state game refuges are not managed
entirely to promote game and their other public value, such as
for the enjoyment of camping, hiking and other outdoor
activities, is recognized.
Poaching is illegal (FGC §2000). Hunting licenses, and, where
appropriate, specific tags are required to take game. Numerous
laws and regulations apply to firearms in California and there
are multiple restrictions on the use of firearms while hunting
to prevent poaching and protect public safety. Hunters are
allowed to possess firearms while engaged in lawful hunting or
while going directly to or returning directly from the hunting
expedition (Penal Code (PEN) §25300). Loaded rifles or shotguns
are banned while standing on or being driven along a public
roadway with limited exception (FGC §2006). It is also unlawful
to shoot game from a motor vehicle or airplane or via the
internet or to discharge a firearm near buildings or over a
public road in a reckless manner (FGC §§3002 - 3004). In a
state game refuge, possession of a firearm, "BB device",
crossbow, bow and arrow or any trap or other device capable of
taking birds or mammals is not allowed unless the firearm is
unloaded and in a case and the bow is unstrung, and twenty-four
hour notice to the department is also required when traveling
through a refuge if public roadways will not be used (FGC
§10506). It is illegal to discharge a firearm or shoot an arrow
or bolt in a state refuge. Further, all game wardens and other
peace officers can enter game refuges to perform their law
enforcement duties (FGC §10514).
Peace officers are exempted from the prohibition on carrying
loaded firearms in public, including a motor vehicle, while on
duty and while going to or returning from duty (PEN §25900 et
seq and FGC §2006). Retired peace officers also have a right to
carry a concealed weapon unless it gets taken away (PEN §26300
et seq). Peace officers and honorably retired peace officers
may carry a concealed weapon at any time (PEN §12031b), but are
not required to do so. California is a decentralized "may
issue" state for concealed weapons permits. Existing law
authorizes, but does not require, the sheriff of a county or the
chief or other head of a municipal police department of any city
or city and county to issue a concealed weapon permit to an
applicant that meets specified criteria. These include
possessing good moral character and "good cause" to carry a
concealed weapon, completion of a safety course and other
requirements (PEN §§26150 - 26255). According to data obtained
from the Department of Justice, on September 1, 2011 there were
roughly 35,000 active concealed weapons permits in California.
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Roughly 15 months later (December 3, 2012) this had increased to
approximately 49,500 active permits, an increase of about 40%,
with another 4,200 applications pending. Overall, approximately
0.17% of California adults have a concealed weapons permit, but
the percentage varies appreciably by county from low values in
urban counties (zero or near zero percent in San Francisco and
Los Angeles) to higher ones in more rural areas (approximately
3.5 - 3.8% in Plumas and Lassen, for example). In absolute
terms, in December 2012, there were two concealed weapons
permits in San Francisco County and more than 5,000 each in Kern
and Fresno Counties.
PROPOSED LAW
This bill would exempt active and retired peace officers and
those with concealed weapons permits from the existing
requirements to disassemble, keep in cases and unload, as
applicable, all firearms when traveling in a state game refuge
and waive the existing notice requirements.
ARGUMENTS IN SUPPORT
According to the author, "the Penal Code authorizes peace
officers, honorably retired peace officers and licensed
individuals to carry a concealed handgun in public and sensitive
areas, yet Fish and Game Code section 10506 does not allow
concealed carry by authorized person[s] in a state game refuge.
As currently written, section 10506 is in direct conflict with
the provisions of [the] Penal Code." The author continues that
those who are legally carrying a firearm under the Penal Code
"would unknowingly be in violation of the [Fish and Game] Code."
ARGUMENTS IN OPPOSITION
The Sierra Club states "this bill goes against the intended
purpose for the establishment of wildlife refuges which is to
provide protection for wildlife against threats."
The Public Interest Coalition (PIC) adds "we strongly object to
further weakening of any laws related to possessing or carrying
firearms in state game refuges." A concealed weapon permit
holder "is simply another citizen traveling through a state game
refuge where the laws should apply - having to notice [the
department] and take the weapon apart are reasonable enough
exemptions to the law prohibiting use or possession in the
refuge. If noticing [the department] and dissembling or
encasing his/her concealed weapon are such hardships, then
he/she would be better advised to travel another route."
The PIC continues "peace officers who are honorably retired
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should not be exempt from laws that citizens must follow. The
fact that they may be allowed to carry a firearms because of
their previous employment is irrelevant and should carry no
privileges for carrying possessing a firearms in a state game
refuge."
COMMENTS
This bill is a solution to a problem that is difficult to
establish. The department and the author were unable to provide
statistics on violations, if any, of FGC §10506. As noted
above, FGC §10514 already provides for law enforcement personnel
to enter into state game refuges in the performance of their
duties. Committee staff were unable to find documented evidence
indicating that existing law inhibited or interfered with law
enforcement activities in state game refuges. This bill appears
to be part of a concerted and on-going effort to limit
restrictions on where concealed weapons may be carried (see, for
example, SB 1367 (c. 711, Statutes of 2012) by the same author
and sponsors lifting firearm restrictions meant to prevent
poaching during archery season for deer).
Concealed weapons permit holders must still comply with the law .
Holders of concealed weapons permits are not exempted from laws
that limit where weapons may be possessed. It is the
responsibility of the permit holder to be aware of and comply
with these restrictions. Further, as noted above, while off-duty
and retired peace officers, and concealed weapon permit holders
are allowed to carry concealed weapons, they are not required to
do so. The nexus is not clear between reasons often cited to
show "good cause" to carry a concealed weapon and any
applicability to state game refuges and traveling through state
game refuges.
Poaching remains a concern . According to a 2010 paper by the
commission, a recent study indicated approximately $100 million
of California wildlife is poached annually. Some of the
existing restrictions, as noted above, on firearm handling while
engaged in or traveling to and from hunting stem from on-going
concerns about the poaching of game and other wildlife by, for
example, limiting ready access to weapons, as existing law does
in state game refuges. The legislature has acted to address
poaching by increasing penalties (see, for example, the passage
of AB 708 (Huffman, c. 290, Statutes of 2008)) and reducing the
ease of poaching remains necessary. Handguns can be and are
used to take game species. In the interests of clarity and the
need to continue efforts to prevent poaching, as well as
acknowledging the variability apparent between counties in the
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issuance of concealed weapons permits, the committee may wish to
limit the scope of this bill to active and honorably retired
peace officers (Amendment 1, including technical changes).
This bill is double-referred . The Senate Committee on Public
Safety will hear this bill should it pass the Committee today.
Related legislation
SB 1367 (Fuller, c. 711, Statutes of 2012) lifted the
restriction on carrying firearms while hunting deer during
archery season for active and retired peace officers.
(Amendments taken in this committee removed concealed weapon
permit holders from consideration.)
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SUGGESTED AMENDMENTS
AMENDMENT 1
Amend FGC §10500 (b) to read:
"(b) To use or have in possession in a game refuge, any
firearm, BB device as defined in section 16250 of the Penal
Code, crossbow, bow and arrow, or any trap of other
contrivance designed to be, or capable of being, used to
take birds or mammals, except as provided for in section
10506. or to discharge any firearm or BB device or to
release any arrow or crossbow bolt into any game refuge ."
Add a new FGC §10500 (c) to read:
"(c) To discharge any firearm or BB device or to release
any arrow or crossbow bolt into any game refuge."
Re-number existing FGC §10500 (c) through (g) to become (d)
through (h).
Revise page 2, line 2 to read:
"10506. (a) Nothing in this code prohibits the possession
of"
Revise page 2, line 4 to read:
"Code, crossbows and bolts, or bows and arrows by"
Add on page 2, between lines 14 and 15:
"(b) A peace officer listed in Chapter 4.5 (commencing with
section 830) of Title 3 of Part 2 of the Penal Code,
whether active or honorably retired, is not subject to the
travel and notice requirements of subdivision (a) with
respect to firearms."
Delete on page 2, lines 15 - 22, inclusive.
SUPPORT
California Rifle and Pistol Association (co-sponsor)
National Rifle Association (co-sponsor)
OPPOSITION
Public Interest Coalition
Sierra Club California
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