BILL ANALYSIS Ó
AB 499
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 499
(Cooley) - As Introduced February 23, 2015
SUBJECT: Archery season: concealed firearms
SUMMARY: Authorizes a person with a concealed weapons permit to
have a firearm in their possession while engaged in the taking
of deer with a bow and arrow during archery season,
Specifically, this bill:
1)Authorizes a person with a valid license to carry a concealed
firearm to, consistent with that license, carry a concealed
firearm on his or her person while engaged in the taking of
deer with bow and arrow as long as they do not take or attempt
to take deer with the firearm.
EXISTING LAW:
1)Provides for an archery season for the taking of deer with bow
and arrow preceding the general open season for hunting of
deer, as prescribed by the Fish and Game Commission (FGC),
with a minimum interval of three days immediately preceding
the regular open season on deer in the area.
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2)Prohibits a person taking or attempting to take deer during
such archery season from carrying or having under their
immediate control any firearm while hunting with bow and
arrow.
3)Provides an exception to the prohibition on carrying firearms
while hunting deer with bow and arrow during archery season
for an active or honorably retired peace officer, as long as
the peace officer does not take or attempt to take deer with
the firearm.
4)Under the Penal Code, authorizes peace officers and honorably
retired peace officers, to carry a concealed weapon at any
time. Authorizes the sheriff of a county, or the head of a
municipal police department, upon proof that the applicant is
of good moral character and has completed a course of
training, that good cause exists for the issuance, and that
certain other specified conditions are met, to issue the
applicant a license to carry a concealed firearm.
FISCAL EFFECT: None; this bill is tagged nonfiscal by
Legislative Counsel.
COMMENTS: This bill would allow any person with a concealed
weapon permit to carry a concealed firearm, consistent with that
permit, while hunting deer with bow and arrow during archery
season.
1)Author's Statement: Background information provided by the
author's office indicates that the purpose of this bill is to
bring the Fish and Game Code into conformity with other code
sections that allow the carrying of a concealable firearm with
a concealed weapons permit. The author indicates that many
individuals like to carry a concealed handgun while hunting in
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order to protect themselves from large predators, or to
safeguard themselves from those defending illegal marijuana
growing operations. Those who are otherwise allowed to carry
a concealed weapon, are required to leave their firearm in
their vehicle which may be parked miles from where the person
is archery hunting.
2)Background: Current law prohibits the carrying of a firearm
while hunting deer during archery season, with the exception of
peace officers. The archery season precedes the general hunting
season when firearms may be used, and typically lasts for
approximately two weeks.
In the past, fish and game wardens and others have expressed
concerns about persons other than peace officers with concealed
weapons permits being allowed to carry a firearm while archery
hunting. The exemption for peace officers was deemed acceptable
because peace officers have more extensive mandated training
regarding firearms they carry on or off duty than is required
for most other persons who apply at the county level for a
concealed weapons permit, the requirements for which can vary
considerably by county. Peace officers may also face situations
where they may be called upon to make use of their concealed
weapon for law enforcement purposes.
Other concerns raised by enforcement personnel are that allowing
concealed firearms to be carried while archery hunting could
complicate enforcement by fish and game wardens. Deer slain
during a hunt are typically "field-dressed." The carcass is
disemboweled in order to facilitate transport, and the gut pile
is left in situ. While the wound from an arrow is different
than that from a bullet, it is possible that field-dressing
could obscure the method used to kill the deer. Thus, unless
the warden catches a violator in the act of shooting, it may be
difficult to enforce prohibitions on the use of firearms to hunt
deer during the two week archery season.
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One of the purported reasons for this bill is to resolve a
perceived conflict between the Penal Code and the Fish and Game
Code. However, it is not clear that an actual conflict exists.
While concealed weapon permit holders are allowed to carry
concealed weapons, they are not required to do so. In addition,
hunters who like to hunt with bows and arrows but feel
uncomfortable going into the field without their concealed
firearm during archery season, have the option of waiting two
weeks and hunting during the general open season with bow and
arrow when carrying of concealed firearms is not restricted.
3)Prior and related legislation: SB 1367 (Fuller), Chapter 711,
Statutes of 2012, enacted the current exemption for peace
officers from the prohibition on carrying of a firearm while
hunting with bow and arrow during archery season. As
introduced, SB 1367 also included the broader exemption for all
persons with a concealed weapons permit, as proposed in AB 499,
but the bill was narrowed after fish and game wardens and others
raised concerns regarding potential problems that the broader
exemption could create for public safety and for enforcement of
anti-poaching laws.
The original law prohibiting the carrying of firearms during
archery season was enacted in 1955 (AB 1583(Lindsey)) "to
protect other hunters and to insure enforcement of the law."
4)Suggested Amendments: The committee may wish to consider an
amendment clarifying that if a fish and game warden or other law
enforcement officer has a reasonable suspicion that a person is
attempting to use the firearm for which they have a concealed
weapon permit to take or attempt to take deer in violation of
this section, the officer may conduct a search and issue a
citation if the officer finds evidence that a violation has
occurred.
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Support Arguments: Supporters assert that concealed weapons
permit holders should be allowed to carry firearms during
archery season in order to protect themselves from predators and
illegal marijuana growers. Some supporters of this bill also
argue that it should go even further and allow all hunters,
whether or not they have a concealed weapons permit, to carry
firearms while hunting during archery season.
Opposition Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
National Rifle Association (co-sponsor)
California Rifle and Pistol Association, Inc. (co-sponsor)
Sheriff Coroner John McMahon, San Bernardino County
Safari Club International
Outdoor Sportsmen's Coalition of California
The California Sportsmen's Lobby, Inc.
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Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096