BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 499 Hearing Date: June 9,
2015
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|Author: |Cooley | | |
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|Version: |February 23, 2015 Introduced |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Katharine Moore |
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Subject: Archery season: concealed firearms.
BACKGROUND AND EXISTING LAW
The Department of Fish and Wildlife (department) 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 (Fish and Game Code (FGC) §§3031 - 3040).
From 2010 - 2014, approximately 285,000 hunting licenses and
184,000 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.
Following a successful kill, the hunter must immediately fix the
tag to the deer. The tag must be validated by the department or
other authorized personnel (FGC §4341) before taking the deer
home.
Existing law provides for an archery-only 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. Although
it varies by hunting zone, a typical archery-only season is
roughly two weeks in duration.
Existing law prohibits a person taking or attempting to take
deer during the archery-only season from carrying or having
under his or her immediate control any firearm while hunting
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with bow and arrow. This provision stems from AB 1583 (Lindsay
et al., c. 221, Statutes of 1955), an urgency measure that
stated "in order for this act to be effective during the 1955
archery season to protect other hunters and to insure
enforcement of the present law this act must take effect
immediately." Archers taking deer during the general season
under the authority of a general tag, however, may possess a
firearm. Firearms are the most popular method of taking deer
while hunting in California.
Existing law provides an exception to the prohibition on
carrying firearms while hunting deer with bow and arrow during
archery-only 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 (SB 1367, Fuller, c.711, Statutes
of 2012).
Existing law under the Penal Code, authorizes peace officers and
honorably retired peace officers, to carry a concealed weapon at
any time. It also 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. (There are
legal challenges, described below, to the current practice of
issuing concealed weapons permits.)
Numerous laws and regulations apply to firearms in California.
There are multiple restrictions on the use of firearms while
hunting. 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).
However, for example, FGC §3003 bans on-line hunting and FGC
§3004 bans the discharge of a firearm near buildings or over a
public road in a reckless manner.
PROPOSED LAW
This bill would authorize a person with a concealed weapons
permit to have a firearm in his or her possession while engaged
in the taking of deer with a bow and arrow during archery-only
season so long as they do not take or attempt to take deer with
the firearm.
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ARGUMENTS IN SUPPORT
According to the author, "[m]any individuals like to carry a
concealed handgun while hunting to protect themselves from large
predators, such as mountain lions and bears. In recent years, it
has also become increasingly necessary for hunters to carry a
handgun to safeguard themselves from those defending illegal
marijuana growing operations and other illicit drug
manufacturing."
"Current law prohibits a person that is deer hunting during
archery season from carrying a firearm of any kind."
"For those who are otherwise allowed to carry a concealed
handgun, this creates a problem where the individual is faced
with leaving their handgun inside his or her vehicle which may
be parked miles from where the person is archery hunting."
"AB 499 aligns the Fish and Game code with similar sections of
Fish and Game regulations that allow an individual with a
concealed carry permit to carry a concealed firearm while deer
hunting during archery season."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
A solution in search of a problem? The restriction on persons,
other than peace officers and retired peace officers, carrying
concealed firearms while hunting deer with bow and arrow applies
only during the archery-only season. A hunter, concerned for
his or her safety beyond the protection offered by a bow and
arrow, may hunt deer with bow and arrow during the general
season and carry a firearm, as authorized.
Impact on the enforcement of archery-only tags? Deer slain
during a hunt are typically "field-dressed." The carcass is
disemboweled in order to facilitate transport (the gut pile is
left in situ). While the wound from an arrow is different from
that from a bullet, it is possible that field-dressing could
obscure the method used to kill the deer. Allowing concealed
firearms to be carried during an archery-only hunt could
complicate enforcement by the department's wardens.
According to the Assembly Water, Parks and Wildlife analysis, in
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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 hunting
during the archery-only season. 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.
Is there a conflict with the Penal Code? 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. Reasons often cited to justify the need to carry a
concealed weapon - for example, due to work-related matters -
are not necessarily applicable to carrying the firearm while
deer hunting with an archery-only tag.
Attacks upon hunters . There are no documented and substantiated
instances in the department's recent records where a deer hunter
was attacked by a mountain lion. There have been only 18
verified mountain lion attacks from 1890 to 2014. Previous
discussions with department wardens indicate that a hunter was
actually poaching when he killed a mountain lion with an arrow
although he initially claimed to have been attacked. There have
been 12 documented bear attacks since 1980. In one of those
instances - an August 1991 attack in Siskiyou County - a black
bear attacked an adult hunter who was out hunting with
bow-and-arrow. It is important to note, however, that the
victim apparently took photos of the bear instead of attempting
to escape prior to the attack.
According to the SB 1367 (2012) Senate Natural Resources and
Water Committee bill analysis, previous discussions with
department wardens also indicated that there were approximately
6 instances in 2009 - 2011 where hunters reported being
threatened by illegal marijuana growing operations. None were
substantiated and no injuries were reported. (It is not clear
if these reports were during archery-only or the general season
for deer.)
Concealed weapons permit information and current litigation.
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According to data obtained from the Department of Justice, in
December 2013 there were about 58,000 active concealed weapons
permits in California with approximately 8,000 applications
pending. Approximately one year later, the number of permits
issued had increased to about 70,000 with about 16,000 pending
applications. The number of permits issued tends to be higher
in more rural counties compared to urban counties, although
there are exceptions. For example, Los Angeles County, with a
population of about 10 million had 560 active concealed weapons
permits at the end of 2014, compared to Shasta County which had
issued about 5906 permits for a population of about 179,000.
The increase in issued permits between 2014 and 2013 is likely
to stem, in part, according to news reports, from a relaxation
in standards in some jurisdictions as a result of a recent court
decision.
In February 2014, a three judge panel of the United States Court
of Appeals for the 9th Circuit found that San Diego County's
restrictive policy requiring the showing of "good cause" prior
to issuing a concealed weapons permit in combination with other
factors was unconstitutional (Peruta v. San Diego). On March
26, 2015, the 9th Circuit announced that this case will be heard
"en banc" along with a similar case (Richards v. Prieto) which
challenged Yolo County's policies. The order set aside the
original rulings in the cases. Oral arguments will be in June
16, 2015.
SUPPORT
National Rifle Association of America (co-sponsor)
California Rifle and Pistol Association (co-sponsor)
California Sportsman's Lobby
California Waterfowl
John McMahon, Sheriff-Coroner, San Bernardino County
Outdoor Sportsmen's Association of California
Safari Club International, California Chapters
Stan Sniff, Sheriff, Riverside County
OPPOSITION
None received
-- END --
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