Section 353 - Methods Authorized for Taking Big Game(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: (1) A softnose or expanding projectile is a bullet designed to increase from its original diameter, commonly referred to as "mushrooming", and retain a significant part of its original weight upon impact with, or when passing through the tissues of an animal.(2) Projectiles commonly referred to as "frangible" bullets, designed to disintegrate upon impact with, or when passing through the tissues of an animal are not softnose or expanding projectiles.(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, and bear. 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 and bear.(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 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: 1) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of visibly enhancing an animal; or2) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of providing a visible point of aim directly on an animal. Devices commonly referred to as "sniperscopes", night vision scopes or binoculars, or those utilizing infra-red, heat sensing or other non-visible spectrum light technology used for the purpose of visibly enhancing an animal or providing a visible point of aim directly on an animal are prohibited and may not be possessed while taking or attempting to take big game. Devices commonly referred to as laser rangefinders, "red-dot" scopes with self-illuminating reticles, and fiberoptic sights with self-illuminating sight or pins which do not throw, cast or project a visible light onto an animal are permitted.(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.(1) Applications for a Disabled Muzzleloader Scope Permit as specified in Section 702 of these regulations shall be submitted to the department at the address specified on the application and shall include:(B) Applicant's physical address(C) Applicant's date of birth(D) Applicant's Driver's License or DMV Number(E) Applicant's telephone number(F) Applicant's signature(G) Medical Physician's or Optometrist's name(H) Medical Physician's or Optometrist's business address(I) Medical Physician's or Optometrist's business telephone number(J) Medical Physician's State medical license number or Optometrist's State license number(K) A description of the visual disability requiring this permit(L) Medical Physician's or Optometrist's signature(M) Signature of the authorizing department employee and date issued(2) The applicant must have a valid hunting license for the year for which he/she is applying.(3) Proof of meeting eligibility requirements may be met by providing a previously issued Disabled Muzzleloader Scope Permit.(4) The valid Disabled Muzzleloader Scope Permit shall be in the hunter's immediate possession while hunting and shall be shown on demand to any person authorized to enforce this regulation.(5) The Disabled Muzzleloader Scope Permit is valid from July 1 through June 30 of the following year or if issued after July 1 of the license year, it is valid beginning on the date issued through to the following June 30(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.Cal. Code Regs. Tit. 14, § 353
Note: Authority cited: Sections 200, 203 and 265, Fish and Game Code. Reference: Sections 2005, 2055, 3004.5 and 3950, Fish and Game Code.
Note: Authority cited: Sections 200, 203 and 265, Fish and Game Code. Reference: Sections 2005, 2055, 3004.5 and 3950, Fish and Game Code.
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).
18. Amendment of subsections (d), (e) and (g) filed 5-29-2024; operative 7/1/2024 (Register 2024, No. 22).