BILL ANALYSIS �
SB 1367
Page 1
Date of Hearing: June 12, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1367 (Fuller) - As Amended: May 1, 2012
SENATE VOTE : 33 - 4
SUBJECT : Deer: Archery Season: Concealed Weapons
SUMMARY : This bill allows a peace officer (active or retired)
to carry a firearm during archery deer season. Specifically,
this bill :
1)Allows an active or honorably retired peace officer to carry a
firearm while deer hunting during archery season.
2)Prohibits of use of firearms by active or honorably retired
peace officers to take or attempt to take a deer during
archery season.
EXISTING LAW :
1)Requires a hunting license, issued by the Department of Fish
and Game (DFG) for the taking of birds and mammals.
2)Requires a hunter, in addition to a valid hunting license, in
order to hunt for deer to purchase and possess either a
general deer hunting tag or an archery deer hunting tag.
3)Provides for an archery season preceding times when deer may
be taken during a general open hunting season.
4)Requires a minimum of 3 days between archery and general open
hunting seasons on deer.
5)Prohibits a person hunting deer during archery season from
carrying or having in their immediate control, any firearm of
any kind.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
SB 1367
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A valid license issued by the Department of Fish and Game (DFG)
is required to take any mammal or bird, and hunters must meet
hunter education requirements. 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. 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.
Firearms are the most popular method of taking deer while
hunting in California. Some hunters, however, use
bow-and-arrow. The archery season precedes the general season
when firearms and crossbows may be used and typically lasts on
the order of two weeks. From 2008 - 2010, the DFG annually
issued 10,986 - 12,449 archery only deer tags, approximately 6%
of the total number issued, resulting in 778 - 822 kills (about
a 7% success rate). While archers taking deer under an archery
only deer tag may not possess a firearm, archers taking deer
during the general season under the authority of a general deer
tag may possess a firearm.
Numerous laws and regulations apply to firearms in California.
There are multiple restrictions on the use of firearms while
hunting. It is illegal to carry a loaded firearm in a public
place or in a vehicle; it is illegal to shoot a loaded gun from
a vehicle; and it is illegal to discharge a firearm near
buildings or over a public road in a reckless manner. However,
hunters are allowed to possess loaded firearms while engaged in
lawful hunting and unloaded guns while going directly to, or
returning directly from, the hunting expedition.
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. Retired peace
officers also have a right to carry a concealed weapon unless it
gets taken away. Thus, peace officers and honorably retired
peace officers may carry a concealed weapon at any time. The
problem this creates with respect to archery hunting, 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.
Policy Issue: use of firearms during archery season
Current law prohibits anyone from carrying a firearm during
SB 1367
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archery only season thus making the take of an animal with a
firearm during archery season illegal. Since deer are typically
field dressed immediately after the take, the method of take
(i.e. by bow and arrow or by firearm) is easily disguised.
Therefore, it could be difficult to ensure that the deer were
taken with bow and arrow if the hunter also had access to a
firearm.
Arguments in Support
According to the author " The Fish and game Code 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, and
honorably retired peace officers to carry a concealed handgun.
This bill is needed not only to clarify Fish and Game codes but
also to allow peace officers as well as honorable retired peace
officers to carry a concealed handgun while archery hunting."
REGISTERED SUPPORT / OPPOSITION :
Support
National Rifle Association (Sponsor)
California Rifle and Pistol Association (Sponsor)
Peace Officers Research Association of California
Opposition
None on file.
Analysis Prepared by : Mandy Arens / W., P. & W. / (916)
319-2096