Shooting near roads
Posted 01 October 2012 - 01:11 PM
3004. ( It is unlawful for any person to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner.
To me, this is rather ambiguous.
Posted 01 October 2012 - 01:48 PM
Posted 01 October 2012 - 03:03 PM
There are no specific distance requirements pertaining to the discharge of firearms from a public road in Fish and Game Code. In addition, this subject or similar subjects are dealt with in at least three or four law/regulation sources. Many times, the implementation and enforcement by Fish and Game, as well as other law enforcement agencies, are base don a combination of these regulations or laws. 1) The first is the California Code of Regulations, Title 14, Natural Resources, Division 1 (T14, CCR) which is set by the California Fish and Game Commission. This includes all regulations pertaining to hunting and fishing. The most pertinent T14, CCR sections addressing your question includes the following: a ) Section 251, T14, CCR addresses the "Prohibition on Pursuing or Shooting Birds and Mammals from Motor-Driven Air or Land Vehicles,Motorboats, Airboats, Sailboats or Snowmobiles". It basically states that you may not pursue, drive, herd, or take any bird or mammal from any type of motor-driven air or land vehicle, and covers certain conditions and exceptions such as boats, landowners protecting property,and conditions and exceptions for use under a "Mobility Impaired Disabled Persons Motor Vehicle Hunting License."b ) Section 354 T14, CCR addresses "Archery Equipment and Crossbow Regulations." Specifically, subsection 354(e) states "No arrow or crossbow bolt may be released from a bow or crossbow upon or across any highway, road or other way open to vehicular travel." However, the same specific conditions (upon or across) are not addressed for firearms in T14, CCR. In addition,there is no reference to any specific distance from the road.2) The second group are laws which include Fish and Game Code (FGC),Penal Code (PC) and Motor Vehicle Code, established by the California State Legislature. These laws are in most cases the most stringent and can only be made more stringent by other laws or regulations, however they can not be made more lenient by other laws or regulations unless specific exceptions are provided. Many of these laws are what Fish and Game bases their application/implementation to hunting situations.a ) FGC Section 2006 makes it unlawful to "place on, or carry a loaded rifle or shotgun in a vehicle or conveyance or its attachments on any public road or other way open to the public". It also provides a definition of loaded rifle or shotgun which is similar, but not as extensive as found in PC Section 12031 listed below.b ) PC Section 12031 (among many things) defines a loaded firearm, and further emphasizes that it is unlawful to carry "a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory...". c ) Most importantly, Penal Code Subsection 374? specifically makes it unlawful to "Shoot any firearm from or upon a public road or highway". Although I don't know the specific code section, apparently a public road or highway would be defined as a publicly maintained road and is defined somewhere in the Motor Vehicle Code. This is the basis for no shooting from the road. Unfortunately, it does not address shooting across a road with a firearm as is addressed specifically for archery equipment in 1b) above. I spoke with our enforcement personnel and this was apparently an oversight (or not anticipated) when the law was created. Again, there is no mention of any requirements relative to shooting distance from the road.I also inquired as to DFG Enforcement's interpretation of distance requirements and firearms discharge, and they reiterated that no distance requirements exist. My interpretation is clearly that "you better be off of the maintained portion of the road". In my conservative approach, it would include obviously, the graded or travel portion, the shoulder, and any berm or portions of the roadway which can be interpreted as part of the maintained portions of the road. I personally, would even interpret a ditch as part of the road, since it was probably created to drain (and maintain) water away from the road.Certainly, how you handle and shoot a firearm either across or when near a road will be considered and interpreted by law enforcement. Shooting a firearm across a public road (remember archery/crossbow is specifically unlawful) would be considered on an individual basis. If you fired across the road in what is deemed an unsafe or reckless manner you could be cited or arrested for PC or other code violations.To summarize all of this, in order to legally discharge a firearm, you must clearly be off of the publicly maintained portion of the road. If you choose to shoot a firearm across a road, you had better be sure that no unsafe or reckless condition exists, or that the action can not reinterpreted as unsafe or reckless by anyone, especially law enforcement.This is probably more information than you requested.
Time waits for no one--
treasure every moment you have.
Posted 01 October 2012 - 03:13 PM
Posted 01 October 2012 - 03:46 PM
Posted 01 October 2012 - 03:55 PM
Posted 01 October 2012 - 04:45 PM
Posted 01 October 2012 - 04:48 PM
Posted 01 October 2012 - 05:12 PM
Posted 01 October 2012 - 06:15 PM
Time waits for no one--
treasure every moment you have.
Posted 02 October 2012 - 08:05 AM
I guess only thing that sucks is that the rifle has to be locked up, in the trunk, unloaded and action open?
Posted 02 October 2012 - 08:35 AM
Posted 02 October 2012 - 09:44 AM
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