National Carry AcademySupplemental Information
January 8, 2016
Information regarding carrying in State Parks:
§ 4313. Weapons and Traps. (California Code of Regulations) (a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests. www.handgunlaw.us 14 (b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting. (c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Exceptions to this regulation are granted in the California Penal Code Section 25900 pertaining to law enforcement and retired law enforcement personnel and PC Section 26010 for citizens with Carry Concealed Weapon permits. CCR 4313 is regulatory, whereas the California Penal Code is Statutory. Regulations give way to activities specifically granted in Statute. However, any restrictions placed on the CCW by the issuing agency would also be applicable in California State Parks. For example, if the CCW is only valid in the CCW holder’s City of residence or County, it would not be valid in a State Park Unit located outside the City or County of the holder.
Loaded firearm definition:
California Penal Code Section 16840 (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. (b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive, (1) A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. www.handgunlaw.us 15 (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
State emergency powers:
§ 8571.5. Prohibition on Seizure of Firearms (From CA Emerg. Services Act. Still Looking For Governor Authority) Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
Supplemental Information
January 8, 2016
Information regarding carrying in State Parks:
§ 4313. Weapons and Traps. (California Code of Regulations) (a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests. www.handgunlaw.us 14 (b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting. (c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Exceptions to this regulation are granted in the California Penal Code Section 25900 pertaining to law enforcement and retired law enforcement personnel and PC Section 26010 for citizens with Carry Concealed Weapon permits. CCR 4313 is regulatory, whereas the California Penal Code is Statutory. Regulations give way to activities specifically granted in Statute. However, any restrictions placed on the CCW by the issuing agency would also be applicable in California State Parks. For example, if the CCW is only valid in the CCW holder’s City of residence or County, it would not be valid in a State Park Unit located outside the City or County of the holder.
Loaded firearm definition:
California Penal Code Section 16840 (a) As used in Section 25800, a firearm shall be deemed to be “loaded” whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. (b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive, (1) A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. www.handgunlaw.us 15 (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
State emergency powers:
§ 8571.5. Prohibition on Seizure of Firearms (From CA Emerg. Services Act. Still Looking For Governor Authority) Nothing in this article shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition, or authorize any order to that effect, provided however, that a peace officer who is acting in his or her official capacity may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging the individual, unless the officer arrests that individual or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.