| Question: Is it legal to use noise suppressors (mistakenly called
silencers) on rifles and handguns? I know that porting, venting, flash collars
and muzzle brakes are okay to use at target ranges and while legally hunting in
California. Can a noise suppressor that is attached to the front end of the
barrel, or that slides over the front end of the barrel, be lawfully used at a
target range or while legally hunting anywhere in California? (Tony N., Sr.)
Answer: No, stay completely away from silencers. It is a felony for any
person, firm or corporation within the state to possess a silencer (California
Penal Code, section 12520). Upon conviction, punishment includes imprisonment
in the state prison or a fine not to exceed $10,000, or both. A silencer is
defined as "... any device or attachment of any kind designed, used or
intended for use in silencing, diminishing or muffling the report of a
firearm." This definition and law also applies to any combination of
parts, designed or redesigned, and intended for use in assembling or
fabricating a silencer (California Penal Code, section 12500).
Beer on a boat?
Question: Why do most, if not all, boats for hire ban taking beer or
liquor aboard? I have worked as a deckhand and fully understand the safety
concerns, as well as what large amounts of space coolers full of beer for up to
70 people on a half-day trip might take up. What I am wondering though is
whether there are any U.S. Coast Guard or Department of Fish and Game (DFG)
laws against it that I can quote for people who ask. Many of the anglers I've
spoken with over the years get angry because they think the boat is just trying
to make a buck. (Rob M.)
Answer: There is no Fish and Game law prohibiting alcohol aboard a boat.
However, there is a Harbors and Navigation Code law (section 655) that
prohibits a person from operating a vessel while intoxicated, similar to the
prohibitions for operating a motor vehicle while intoxicated.
Lead in possession on a duck hunting refuge?
Question: Some say if you are duck hunting on a refuge and you have some
lead quail loads in the truck (because you're going quail hunting on the way
home in the afternoon), a game warden could ticket you for having lead shot in
possession. Other friends say that as long as the lead shot is secured in the
truck and not in your actual possession while hunting, then you’re not in
violation. It seems to me this situation would be like the 25 shell limit in
the field. As far as I know you can have additional shells in your truck as
long as you only have 25 or less in your possession while hunting. If you run
out then you can return to the truck for more. Who's right? (Eric M.)
Answer: You are. As long as the lead stays in your truck, you should have
no problem.
What to do when an abalone’s shell breaks?
Question: Earlier this season I was diving a low tide looking for big
abs. I happened to find a nine-incher. He was really clamped down and a lot
stronger than the clickers I’m used to. In the process of popping him off, the
shell broke into pieces. Since I did not know the legality of keeping an ab
with a broken shell, I had to leave it there. It haunts me every day. Did I do
the right thing? (Jesse L.)
Answer: First of all (as you probably now know), before trying to pop any
abalone off their substrate, be sure to first insert the abalone iron correctly
under the animal to be sure you have the appropriate leverage to pop the animal
off without injuring it. If the animal is clamped down too tightly to where you
can’t get the ab iron under the animal correctly without harming the animal,
then you should leave it alone and come back later once the animal has relaxed
and you can remove it properly. A better idea would be to pursue another
abalone that is not locked down to the rocks.
Regarding your situation, you did the right thing as the
law requires that abalone are in a whole condition and attached to the shell.
It is impossible to measure an abalone with a fractured shell and often the
abalone is no longer attached to the shell once you fracture it. Next time try
to leave a clamped down abalone alone and choose another that may be more
easily harvested.
# # #
Carrie
Wilson is a
marine biologist with the California Department of Fish and Game. While she
cannot personally answer everyone’s questions, she will select a few to answer
each week. Please contact her at CWilson@dfg.ca.gov.
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