Opinion No. (2003)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE GREGORY S. GAUL, ACTING DISTRICT ATTORNEY, COUNTY OF SHASTA, has requested an opinion on the following question: May a muzzleloading rifle equipped with iron sights contain a fiber optic ambient light gathering system when used to hunt big game? CONCLUSION A muzzleloading rifle equipped with iron sights may not contain a fiber optic ambient light gathering system when used to hunt big game. ANALYSIS The Constitution expressly authorizes the Legislature to delegate to the Fish and Game Commission ("Commission") "such powers relating to the protection and propagation of fish and game as the Legislature sees fit." (Cal. Const., art. IV , § 20 , subd. (b).) The Commission, pursuant to its delegated authority (Fish G. Code, § 202 ), has adopted a regulation (Cal. Code Regs., tit. 14, § 14:353 ) 1 concerning the use of muzzleloading rifles to hunt big game. Subdivision (f) of Regulation 353 states in part: "Muzzleloading rifle hunters . . . shall possess muzzleloading rifles equipped with iron sights only, while hunting under the provisions of a muzzleloading rifle only tag." We are asked…