Answer provided by Jack A. Edwards, Deputy Chief, Wildlife Protection Devision. (1997)

According to Section 2006, Fish and Game Code, it is not unlawful to possess a rifle with unexpended cartridges in the magazine while in a vehicle on a Forest Service road. An unexpended cartridge would have to be in the chamber for a hunter to be in violation of Section 2006.

According to Section 12031, Penal Code, it is unlawful to carry a loaded firearm, which would include a rifle with unexpended cartridges in the magazine, in a vehicle while on any public street in a prohibited area of unincorporated territory.

According to the Attorney Geneeral, there are two critical issues which must both be present for there to be a violation of 12031:
1: The activity must take place in a prohibited area.
2: The activity must take place on a public street.

According to an Attorney General's opinion (51 Ops.Atty.Gen 197, 10-3-68): "This section (12031 Penal Code) does not prohibit the carrying of a rifle or a shotgun with unexpended shells or cartridges in the magazine on a public road in an incorporated area where there are no local ordinances or other laws or regulations prohibiting the discharge of firearms. For the purpose of this section, public street is not synonymous with public road or highway."

"Additionally, although it is unlawful to discharge a firearm from or upon a public road or highway according to Section 374c Penal Code, and in our opinion every public road or highway is a prohibited area as defined in this section, a public road or highway is not a public street and Section 12031 is not applicable to such public ways."

In summary, the Forest Service road is a public road, not a public street, and the provisions of Section 12031 do not apply. It is not unlawful for the hunter to possess the rifle, in a vehicle, with unexpended cartridges in the magazine on the Forest Service Road.

The Department will continue to follow the existing Attorney General's opinion. We will enforce the provisions of Section 12031 whenever we contact hunters/shooters (with loaded firearms as defined in Section 12031) who are on public roads or highways in a prohibited area of a city or county. This prohibited area must be spelled out in a city or county ordinance.