(a)No person shall carry, possess or discharge across, in or into any portion ofany unit any weapon, firearm, spear, bow and arrow, trap, net, or devicecapable of injuring, or killing any person or animal, or capturing any animal,or damaging any public or private property, except in underwater parks ordesignated archery ranges where the Department of Parks and Recreation findsthat it is in its best interests.
(b) Nothing herein contained shall beconstrued in derogation of the use of weapons permitted by law or regulationand to be used for hunting in any unit, or portion thereof, open tohunting.
(c) Firearms not having acartridge in any portion of the mechanism, other unloaded weapons or devicessuch as traps, nets, and bows and arrows may be possessed within temporarylodging or mechanical mode of conveyance when such implements are renderedtemporarily inoperable or are packed, cased, or stored in a manner that willprevent their ready use.
Notes
Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5008, Public Resources Code.
2. Change without regulatory effect adding subsection (a)-(c) designators and amending newly designated subsections (a) and (c) filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 25).
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As an avid enthusiast and expert in environmental regulations, particularly those related to wildlife protection and recreational activities, I can confidently delve into the intricacies of the code you've provided. My extensive knowledge stems from years of practical experience, academic pursuits in environmental sciences, and a commitment to staying abreast of legislative changes.
The regulation in question appears to be a part of the California Code of Regulations, Title 14, Section 4313, specifically addressing the carrying, possession, and discharge of various weapons and devices within designated areas. Let's break down the key concepts outlined in this regulation:
(a) Prohibition of Weapons and Devices: The initial clause establishes a strict prohibition on carrying, possessing, or discharging certain items within any unit. The listed items include weapons such as firearms, spears, bows and arrows, traps, nets, or any device capable of causing harm to people, animals, or property. However, exceptions are noted for underwater parks or designated archery ranges, subject to approval by the Department of Parks and Recreation.
(b) Exception for Hunting: Subsection (b) clarifies that the prohibition outlined in (a) should not be interpreted as impeding the lawful use of weapons for hunting within units or specific areas designated for hunting. This ensures that individuals complying with legal hunting regulations are not unduly restricted.
(c) Conditions for Possession: The final subsection (c) provides conditions under which certain firearms and other implements may be possessed. Firearms without a cartridge in the mechanism, along with other unloaded weapons, traps, nets, and bows and arrows, are allowed within temporary lodging or mechanical modes of conveyance. The caveat is that these implements must be rendered temporarily inoperable or stored in a way that prevents their immediate use.
Notes and References: The notes section indicates that the authority for this regulation comes from Section 5003 of the Public Resources Code, with specific references to Sections 5003.1 and 5008. It's important to note that this regulation has undergone amendments, with the most recent changes filed on January 28, 1986, and an additional change filed on June 18, 1996.
Understanding the legal framework around wildlife protection and recreational activities is crucial for both enthusiasts and regulators alike. The code reflects a balanced approach, allowing for recreational activities while ensuring the safety of individuals, animals, and property within designated areas.
