BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1367|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1367
Author: Fuller (R)
Amended: 5/1/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 7-2, 4/24/12
AYES: Pavley, La Malfa, Cannella, Fuller, Padilla,
Simitian, Wolk
NOES: Evans, Kehoe
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Deer: archery season: concealed firearms
SOURCE : California Rifle and Pistol Association
National Rifle Association of America
DIGEST : This bill allows firearms to be carried by
retired and active peace officers while hunting during
archery season for deer and repeats the restriction that
the firearm cannot be used to hunt under the archery tag.
ANALYSIS :
Existing law:
1.Establishes an archery season for the taking of deer with
bow and arrow.
2.Prohibits a person taking or attempting to take deer
CONTINUED
SB 1367
Page
2
during that archery season from carrying, or have under
his/her immediate control, any firearm of any kind.
3.Generally makes carrying a concealed firearm a crime, but
establishes a number of exceptions, including exceptions
for peace officers, honorably retired peace officers, and
hunters and fishermen while engaged in hunting or
fishing.
This bill allows firearms to be carried by retired and
active peace officers while hunting during archery season
for deer and repeats the restriction that the firearm
cannot be used to hunt under the archery tag.
Background
The Department of Fish and Game (DFG) 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. From 2003 - 2011,
approximately 294,500 hunting licenses and 190,000 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.
Both the license and the tag can be obtained from DFG.
Interest has declined since, for example, the early 1970s
when over 600,000 hunting licenses and over 300,000 deer
tags were sold annually, and deer hunting remains an
important recreational activity to many.
Following a successful kill, the hunter must immediately
fix the tag to the deer. The tag must be validated by DFG
or other authorized personnel before taking the deer home.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/15/12)
California Rifle and Pistol Association (co-source)
National Rifle Association of America (co-source)
Peace Officer Research Association of California
ARGUMENTS IN SUPPORT : According to the author
CONTINUED
SB 1367
Page
3
"�e]xisting Penal Code and Fish and Game Code sections are
in conflict over the ability to carry a concealed weapon
while archery hunting. Fish and Game code section 4370
provides that it is illegal for any person taking or
attempting to take deer during archery season to carry a
firearm of any kind. As written, this code section is in
direct conflict with the provisions of the penal code that
allow peace officers, honorably retired peace officers and
licensed individuals to carry a concealed handgun. �?] The
problem this creates for those who are otherwise allowed to
carry a concealed handgun is that the individual is then
faced with leaving the handgun inside his or her vehicle,
often parked miles from where he or she will be archery
hunting. In addition, many individuals like to carry a
concealed handgun while on this kind of hunt to protect
themselves from larger predators such as mountain lions and
bears. In recent years, those protecting illegal marijuana
growing operations and other illicit drug manufacturing
have also posed a potential threat to archery hunters."
CTW:do 5/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED