Side arm (Pistol) non-lead ammunition while hunting

[cc93cruiser]

Was wondering if the new lead ban on ammunition while hunting/taking game effects the ammo you use on your side arm. I usually carry a 357 or 44 mag on my side along with my rifle I hunt with.. i am all legit with the non lead crap for my rifle, but was not able to get non lead ammo for my side arm. I don't hunt with it, but have it for emergency cases. Is this legal or leave my pistol at home since I don't have non lead ammo.. Sorry in advance if this is not the right forum...

 

[snapperhead01]

Check your carry laws in your state. For example, in Californian, it's legal to carry a self defense firearm while hunting or fishing without a CCW permit. If you're popping rabbits when they flush, that's one thing. If your secondary firearm is for defense only, explain to the LEO your non lead ammo is for the bad guys / bad critters. Remember to disclose your CCW to the LEOs if you are fortunate to make contact.

 

[#1Predator]

You're good with non-lead ammo in your pistol.

Nonlead requirements for concealed carry firearms?
Question: I know that nonlead is required for use when hunting, but if I have my concealed carry weapon (CCW) permit and I’m carrying my pistol concealed for my personal protection along with my shotgun, does the pistol have to also contain only nonlead bullets? (Ben W., Merced)

Answer: No. CCR, Title 14 section 250.1(c) provides, “Nothing in this section is intended to prohibit the possession of concealable firearms containing lead ammunition, provided that the firearm is possessed for personal protection and is not used to take or assist in the take of wildlife.” With the exception of ammunition for concealable firearms possessed for personal protection, hunters may not possess lead ammunition along with a firearm capable of firing that ammunition when nonlead ammunition is required.

 

[Common Sense]

It is legal to carry a sidearm with non lead ammo while hunting in California.

 

[TheGDog]

There IS non lead ammo for your pistol. You can always just use Lehigh's Xtreme Penetrators. DRT also makes non-leads. Buffalo Bore makes many with Barnes copper XPB's as well. I even found them for a .380acp that I carry out there.

What I read from #1Predators post is... if you carry that sidearm with non-lead... you'd better have a CCW... and not use it to finish-off an animal that you're hunting.

I checked the regs (you check too never just take someones word about it) and you can carry concealed on your person while you are hunting, without needing a CCW.

But... here they are saying they will only not cite you if that pistol with lead ammo is carried as part of your CCW, and that you don't intend to use that pistol in any way towards the taking of that game animal.

That sound about right #1Predator?

 

[snapperhead01]

You're good with non-lead ammo in your pistol.

Nonlead requirements for concealed carry firearms?
Question: I know that nonlead is required for use when hunting, but if I have my concealed carry weapon (CCW) permit and I’m carrying my pistol concealed for my personal protection along with my shotgun, does the pistol have to also contain only nonlead bullets? (Ben W., Merced)

Answer: No. CCR, Title 14 section 250.1(c) provides, “Nothing in this section is intended to prohibit the possession of concealable firearms containing lead ammunition, provided that the firearm is possessed for personal protection and is not used to take or assist in the take of wildlife.” With the exception of ammunition for concealable firearms possessed for personal protection, hunters may not possess lead ammunition along with a firearm capable of firing that ammunition when nonlead ammunition is required.

What he said...

 

[#1Predator]

TheGDog, you're on the right track. Here is section 25640 of the California Penal Code regarding carrying a concealed weapon (Penal Code section 25400):

25640.
Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

So, a person does NOT need a CCW to carry concealed provided that:
A) A person is a legally licensed (valid, current license with a valid tag for the game being hunted, if required) hunter or fisherman;
B) The person is "engaged" in hunting or fishing. This is a vague term. Notice that the statue doesn't say "actively engaged", just "engaged". This could mean that having a concealed firearm while sitting in a camp (if it's legal to possess a firearm in the campground) where the main activity is hunting/fishing might be legal. This is up to interpretation. When I was on the job, I interpreted this to mean it was legal to carry conceal in a camp but........well, you know.
C) While traveling to and from any hunting/fishing activity, the firearm must be unloaded and properly stored.

Allow me to exaggerate. This does not allow me to carry a fishing pole and tackle box in my Prius while carrying concealed so that I can claim the "section 25640 exception" instead of obtaining a legal CCW. I wouldn't try this. It wouldn't go very well for me with the local coppers.