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SB-1367 Deer: archery season: concealed firearms.(2011-2012)

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SB1367:v95#DOCUMENT

Senate Bill No. 1367
CHAPTER 711

An act to amend Section 4370 of the Fish and Game Code, relating to hunting.

[ Approved by Governor  September 28, 2012. Filed with Secretary of State  September 28, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1367, Fuller. Deer: archery season: concealed firearms.
Existing law establishes an archery season for the taking of deer with bow and arrow. Existing law prohibits a person taking or attempting to take deer during that archery season from carrying, or having under his or her immediate control, any firearm of any kind.
Other existing law generally makes carrying a concealed firearm a crime, but establishes specified exceptions, including exceptions for peace officers, honorably retired peace officers, and hunters and fishermen while engaged in hunting or fishing.
This bill would revise that archery provision to authorize a peace officer, whether active or honorably retired, to carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow, but would prohibit taking or attempting to take deer with that firearm.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4370 of the Fish and Game Code is amended to read:

4370.
 (a) In every area in which deer may lawfully be taken during the general open season there is an archery season for the taking of deer with bow and arrow. The season for each area shall be as the commission may prescribe, with a minimum interposing interval of three days immediately preceding the regular open season on deer in that area. Except as provided in subdivision (b), a person taking or attempting to take deer during such archery season shall neither carry, nor have under his or her immediate control, any firearm of any kind.
(b) A peace officer listed in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether active or honorably retired, may carry a firearm capable of being concealed on his or her person while engaged in the taking of deer with bow and arrow in accordance with subdivision (a), but shall not take or attempt to take deer with the firearm.