July 17, 2008

Question: I encounter rattlesnakes every couple of days on the roads I travel and am wondering if it is legal to carry a .410 “snake charmer” gun with me to kill them? The snakes are usually on the side of the road and I collect their rattles. I keep the gun unloaded at all times, of course, but I know most of the surrounding property owners and they don’t want the rattlesnakes around on their ranches either. Is what I’ve been doing all legal to do? Thank you. (Brian)

Answer: Rattlesnakes may be taken by any method and the daily bag and possession limit for them is two (ref. CCR, Title 14, Section 5.60[a]).

Regarding your “snake charmer,” you must be off the road/highway to discharge your gun. If you shoot a firearm from or upon a public road or highway, you will be guilty of a misdemeanor (ref. Penal Code Section 374c). It is also unlawful to intentionally discharge any firearm … over or across any public road or way open to the public, in an unsafe manner (ref. Fish & Game Code, Section 3004).

Trespassing on private property which is fenced or posted (with signs three per mile and at entry points) or under cultivation is against the law unless you have written permission from the property owner (ref. Fish & Game Code, Section 2016). There could be additional regulations within your county regarding the discharge of firearms, so you should contact the local Sheriff’s Department.

One point I’d like to add though is that although many people don’t like rattlesnakes and will kill them immediately upon sight, rattlesnakes do serve an important ecological purpose by helping to control rodent populations. Ground squirrels, mice and other rodents can become terrible pests in the absence of predators, and predators are an important and major key to helping to keep rodent populations in check.

Who the heck SHOOTS a rattlesnake??!!!

Minimal risk with a 18" .410. I use a .22 handgun with snakeshot. Never had a problem.

The question was about a snake charmer. Which is an 18" .410.

Thanks for the info.  I didn't recognize that a Snake Charmer was a specific type of gun.  I've never heard that until now. 

I used to have a Judge but one day, without doing anything different, I became a criminal for owning it.  It's now in Idaho where I gave it as a gift to my brother-in-law.