Q: I have a question about the number of shells a hunter may possess while waterfowl hunting. Is it clarified in the regulations that only hunters can’t possess more than 25 shells in the field during the waterfowl season? If not, a nonhunter could then carry another 25 shells into the field for the hunter to use. (Rick S., Pleasanton)
A: Fish and Game Commission regulations restrict the number of shot shells that are permitted in the field on some refuges or wildlife areas. The ammunition restriction does not apply to all areas, but in the areas/refuges listed in CCR Title 14, Section 551(a), the restrictions are twofold:
» Hunters may not possess more than 25 shot shells while in the field.
» Only people with a valid hunting permit for that day are permitted to possess ammunition in the field.
Therefore, a nonhunter cannot pack in extra shells for the hunter.
Legal to Catch Lobsters and Crabs in Crab Traps?
Q: Is it legal to fish for lobsters and crab at the same time using hoop nets for the lobster and a crab pot for the crabs? My concern is that when we return to harbor, a game warden may question which method was used to take which species. The crab pot is a Northern California type that is “soaked” for days and has escape ports. The hoop net is a basic hoop net. (Joel S.)
A: You may fish for lobsters and crabs at the same time, but only with hoop nets or by hand. According to game warden Jason Chance, crab traps are legal to use in the north but are illegal for sport fishermen to use south of Point Arguello (CCR Title 14, Section 29.80(e)). While most lobsters occur in Southern California below Point Arguello, for any that do occur north of this point, crab traps may not be used.
What is a Loaded Gun?
Q: In a recent column you discussed loaded guns in a vehicle. Can you clarify what a “loaded gun” is? I know that having cartridges/shotgun shells in the chamber is illegal, but what if the cartridges/shotgun shells are just in the magazine of the rifle or shotgun? Do the restrictions also apply while in or upon a vehicle on a public roadway? (Anonymous, Redding)
A: Under the Fish and Game Code, a rifle or shotgun is deemed loaded when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine. It is “unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public (FGC Section 2006).”
The California Penal Code is more restrictive, however, and defines “loaded” as being when ammunition is attached to the weapon (even if all shells or cartridges are only in the magazine portion of the weapon and not in the chamber).
According to Assistant Chief Mike McBride, the consequences may be dependent on circumstances such as location and type of roadway. In other words, a loaded weapon in a vehicle on a dirt road in the boondocks might be viewed differently than one in a vehicle on a paved road that has a lot of traffic. Also, a county sheriff may tend to enforce the Penal Code rather than the Fish and Game Code. A warden could do the same if the circumstances seem to justify that course of action (if this occurs on a major paved road, etc.).
So, it is up to the law enforcement officer to make that call. However, the very safest and most prudent course of action is to have the weapon entirely unloaded.
For more information on loaded guns and to review the California Summary of Firearms Law, click here for the California Department of Justice, Bureau of Firearms.
Is It Legal to Catch Carp and Trout by Hand?
Q: I recently read a post from people saying they had caught carp by hand in a lake. Is this legal in California? I have caught trout by hand in streams when I was younger, but wasn’t sure if that was legal either. (Nick)
A: No, there are no freshwater finfish species that can be legally taken by hand from any California lake waters within the state. The only exception: A few fish species are allowed to be caught by hand during specific times in a few nonlake areas, as per CCR Title 14 Sections 1.76 and 2.30.