California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 2 - Game, Furbearers, Nongame, and Depredators
Chapter 3 - Big Game
Section 353 - Methods Authorized for Taking Big Game
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) It shall be unlawful to take or attempt to take big game in violation of this section or Section 250.1. The take or attempted take of any big game (as defined by Section 350 of these regulations) with a firearm shall be in accordance with the use of nonlead projectiles and ammunition pursuant to Section 250.1 of these regulations.
(b) Definition. For purposes of this section, a projectile is any bullet, ball, sabot, slug, buckshot or other device which is expelled from a firearm through a barrel by force. The following definitions shall apply:
(c) Except for the provisions of the following subsections (d) through (j), big game may only be taken by rifles using centerfire cartridges with softnose or expanding projectiles; bow and arrow (see Section 354 of these regulations for archery equipment regulations); or wheellock, matchlock, flintlock or percussion type, including "in-line" muzzleloading rifles using black powder or equivalent black powder substitute, including pellets, with a single projectile loaded from the muzzle and at least .40 caliber in designation.
(d) Shotguns capable of holding not more than three shells firing single slugs may be used for the taking of deer, bear and wild pigs. In areas where the discharge of rifles or shotguns with slugs is prohibited by county ordinance, shotguns capable of holding not more than three shells firing size 0 or 00 buckshot may be used for the taking of deer only.
(e) Pistols and revolvers using centerfire cartridges with softnose or expanding projectiles may be used to take deer, bear, and wild pigs.
(f) Pistols and revolvers with minimum barrel lengths of 4 inches, using centerfire cartridges with softnose or expanding projectiles may be used to take elk and bighorn sheep.
(g) Except as provided in subsection 354(j) of these regulations, crossbows may be used to take deer and wild pigs only during the regular seasons.
(h) Under the provisions of a muzzleloading rifle only tag, hunters may only possess muzzleloading rifles as described in subsection (c) equipped with open or "peep" type sights only except as described in subsection (l).
(i) Under the provisions of a muzzleloading rifle/archery tag, hunters may only possess muzzleloading rifles with sights as described in subsection (h); archery equipment as described in Section 354 of these regulations; or both. For purposes of this subsection, archery equipment does not include crossbows, except as provided in subsection 354(j) of these regulations.
(j) Except as otherwise provided, while taking or attempting to take big game under the provisions of this section or Section 354 of these regulations it is unlawful to use any device or devices which:
(k) Unless provided in these regulations or any other law, it is unlawful to possess a loaded muzzleloading firearm in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public road or highway or other way open to the public.
For the purposes of this section, a muzzleloading firearm shall be deemed to be loaded when it is capped or primed or has an electronic or other ignition device attached and has a powder charge and projectile or shot in the barrel or cylinder.
(l) Upon application to the department, the department may issue a Disabled Muzzleloader Scope Permit, free of any charge or fee, to any person with a physical disability, as defined in subsection (m), which prevents him/her from being able to focus on the target utilizing muzzleloading rifles equipped with open or "peep" sights. The Disabled Muzzleloader Scope Permit authorizes the disabled hunter to use a 1X scope on a muzzleloading rifle, as described in subsection (h), with a muzzleloading rifle only tag.
(m) For the purposes of this section a visual disability means a permanent loss, significant limitation, or diagnosed disease or disorder, which substantially impairs the vision of a hunter, preventing the hunter from viewing and aligning the sights of a muzzleloading rifle with the target in order to hunt deer.
1. Repealer
and new section filed 6-22-87; operative 6-22-87 (Register 87, No. 27). For
prior history, see Register 85, No. 44.
2. Amendment of subsection
(e) and new subsection (g) filed 5-31-88; operative 5-31-88 (Register 88, No.
23).
3. Amendment of subsection (a) and new subsection (h) filed
10-15-90 as an emergency; operative 10-15-90 (Register 90, No. 46). A
Certificate of Compliance must be transmitted to OAL by 2-12-91 or emergency
language will be repealed by operation of law on the following
day.
4. Reinstatement of section as it existed prior to emergency
amendment filed 10-15-90 by operation of Government Code section
11346.1(f)
(Register 91, No. 49).
5. Amendment of subsection (a) filed 7-8-92;
operative 7-8-92 pursuant to Fish and Game Code section
215
(Register 92, No. 28).
6. Amendment of subsections (b) and (c) and
NOTE filed 6-23-93; operative 6-23-93 pursuant to Fish and Game Code sections
202 and
215
(Register 93, No. 26).
7. Amendment of subsections (a) and (g) filed
7-13-94; operative 7-13-94 pursuant to sections
202 and
215,
Fish and Game Code (Register 94, No. 28).
8. Change without
regulatory effect amending subsection (g) filed 3-28-96 pursuant to section
100, title 1, California Code of
Regulations (Register 96, No. 13).
9. Amendment of subsection (a),
new subsection (d), repealer of subsections (e) and (f), subsection
relettering, and amendment of newly designated subsection (f) filed 7-1-98;
operative 7-1-98 pursuant to Fish and Game Code sections
202 and
215
(Register 98, No. 27).
10. Amendment of subsection (a) and new
subsection (g) filed 6-27-2000; operative 6-27-2000 pursuant to Fish and Game
Code sections
202 and
205
(Register 2000, No. 26).
11. Amendment of subsections (a) and
(e)-(g), new subsection (h) and amendment of NOTE filed 7-7-2004; operative
7-7-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 28).
12. Amendment of subsections (a), (c) and
(d), new subsections (h)-(h)(1), subsection relettering and amendment of NOTE
filed 5-15-2008; operative 7-1-2008 (Register 2008, No. 20).
13.
Amendment of subsection (f) and new subsections (j)-(k)(4) filed 6-12-2009;
operative 7-1-2009 pursuant to Government Code section
11343.4
(Register 2009, No. 24).
14. Amendment of subsection (k)(1),
repealer of subsection (k)(1)(E), subsection relettering, new subsection
(k)(2), subsection renumbering and amendment of newly designated subsection
(k)(5) filed 7-8-2011; operative 7-8-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 27).
15. Amendment filed 6-26-2015; operative
7-1-2015 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2015, No. 26).
16. Amendment of subsections (a) and (b),
new subsections (b)(1)-(2) and amendment of NOTE filed 7-27-2016; operative
7-27-2016 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2016, No. 31).
17. Change without regulatory effect
amending NOTE filed 8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections 200, 203 and 265, Fish and Game Code. Reference: Sections 2005, 2055, 3004.5 and 3950, Fish and Game Code.