• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Open Carry Unloaded Rifle To & From Hunting Location

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TAC911

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

Bill AB1527 PASSED

But in reading it in section 26405 states;

26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:

(j) By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.

I need to know FOR SURE!!!! if I can be cited or arrested legally when walking to a hunting area or returning from, with a shouldered unloaded rifle.
I would have in my posesion my hunting license and ID.

Tom C.
 


CdwJava

Senior Member
PC 26405(c) ... you may carry the firearm ...

When the firearm is either in a locked container or encased
and it is being transported directly between places
where a person is
not prohibited from possessing that firearm and the course of travel
shall include only those deviations between authorized locations as
are reasonably necessary under the circumstances.​

That does not mean you might avoid police attention, it simply means that you should be able to do it lawfully if it is unloaded and in a proper locked container or case.
 

TAC911

Junior Member
PC 26405(c) ... you may carry the firearm ...

When the firearm is either in a locked container or encased
and it is being transported directly between places
where a person is
not prohibited from possessing that firearm and the course of travel
shall include only those deviations between authorized locations as
are reasonably necessary under the circumstances.​

That does not mean you might avoid police attention, it simply means that you should be able to do it lawfully if it is unloaded and in a proper locked container or case.

26405. Section 26400 does not apply to, or affect, the carrying
of an unloaded firearm that is not a handgun in any of the following
circumstances:

Any, means any, so each subsection is its own example, so as I read it it does not have to be in a locked case, so..

(j) By a licensed hunter while engaged in hunting or while
transporting that firearm when going to or returning from that
hunting expedition.

So technicly if I had to park and walk down a highway ( not that I will) and did not have a case, on my way to my hunting area, i may get questioned but as to the subsection i am not in violation of the law as I read it. As long as I fall within (J) with my Hunting License and ID, and state where I am headed and why. (ie My hunting area)

Assuming I am correct??? You tell me please.
 
Last edited:

FlyingRon

Senior Member
That appears to be the proper interpretation. You can (open) carry unloaded rifles to and from hunting, target shooting, and all of the other exemptions listed without having to have them in cases. Handguns still need to be cased however.
 

CdwJava

Senior Member
And unless that hunting area or range is in your backyard, you'd best be prepared for police contact and the possibility of a criminal charge. I live and work in in hunter central where people craft vacations and even the school schedules around hunting, planting and harvest, and have yet to EVER see anyone who is actually going hunting carrying a rifle over their shoulder hoofing it through town. There is rarely ever going to be a reason for someone to be openly carrying on a long trek to the range or the hunting area, and if for some reason they intend to do so in an effort to push the envelope of this law, then they can expect repeat law enforcement contacts even if they do not result in a criminal charge.

Understand that the Penal Code also allows law enforcement to stop and inspect said weapon even if no crime is being broken by his transporting it. So, if he truly wishes to remain out of trouble he will place the weapon into a case of some kind while lugging it to and from where he intends to hunt or shoot. Unless, of course, the distance to be walked is from his car through public lands immediately to a zone open for hunting in which case he will likely proceed unmolested.
 

ecmst12

Senior Member
Open carry is legal in PA. That doesn't mean it's a good idea, unless you have nothing better to do than get detained by police.
 

TAC911

Junior Member
Open carry is legal in PA. That doesn't mean it's a good idea, unless you have nothing better to do than get detained by police.
Thank you all, again where I hunt, in a legal area, has no parking on 75% of the mountain highway, so when I go out hunting I have to walk about 3/4 to 1 mile to get to where i hunt. i understand I may get questioned, but my fear was getting charged with a crime.

TC
 

CdwJava

Senior Member
If you are in an area where it is common to be walking TO the open hunting area, then I doubt you will have any more problem than the occasional contact to verify that the weapon is unloaded. The impression I had, and others may have had, was that you were considering hoofing it through town to go to the range or somewhere to hunt and THAT could find you in trouble.

The BEST people to ask about enforcement in your area would be the local Sheriff's Department or the local Fish and Game Wardens to see what they prefer to see as these are the folks you will most likely encounter.
 

Andy0192

Member
..... Understand that the Penal Code also allows law enforcement to stop and inspect said weapon even if no crime is being broken by his transporting it. So, if he truly wishes to remain out of trouble...
What kind of trouble can you be in for not breaking the law? ( I think that is what you meant - Crimes can rarely be broken, but can sometimes be solved.)

How can that California code stand up to the 4th ammendment? I'd be asking an officer who wanted to inspect my legally carried weapon if I was being arrested or if there was probable cause for his search.

I don't live in California. I guess I know why.
 

Zigner

Senior Member, Non-Attorney
What kind of trouble can you be in for not breaking the law? ( I think that is what you meant - Crimes can rarely be broken, but can sometimes be solved.)

How can that California code stand up to the 4th ammendment? I'd be asking an officer who wanted to inspect my legally carried weapon if I was being arrested or if there was probable cause for his search.

I don't live in California. I guess I know why.
:rolleyes:
 

CdwJava

Senior Member
What kind of trouble can you be in for not breaking the law? ( I think that is what you meant - Crimes can rarely be broken, but can sometimes be solved.)
None, really. But, one can still be contacted and have their firearm inspected in CA if it is in the open.

How can that California code stand up to the 4th ammendment? I'd be asking an officer who wanted to inspect my legally carried weapon if I was being arrested or if there was probable cause for his search.
PC 25850 specifically authorizes a law enforcement officer to inspect a weapon being carried in public. In some more urban jurisdictions this can mean being pulled over when you have a rifle in a gun rack in your pickup.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top