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 ----------------------------------------------------------------- |Author: |Cooley | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 23, 2015 Introduced | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Katharine Moore | | | | ----------------------------------------------------------------- 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 AB 499 (Cooley) Page 2 of ? 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. AB 499 (Cooley) Page 3 of ? 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 AB 499 (Cooley) Page 4 of ? 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. AB 499 (Cooley) Page 5 of ? 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 -- AB 499 (Cooley) Page 6 of ?