Whether it is illegal to kill squirrels in California depends entirely on the species. Ground squirrels and Eastern fox squirrels are nongame mammals you can take on your own property without a license when they’re damaging it. Western gray squirrels and other native tree squirrels are game mammals, so killing one requires a hunting license during the open season or a depredation permit outside it. The San Joaquin antelope squirrel is listed as threatened, and killing one without express authorization from the California Department of Fish and Wildlife is a serious crime carrying fines up to $50,000 per animal.
Which Squirrel Are You Dealing With
California sorts squirrels into three legal categories, and the rules for each are very different.
Tree squirrels in the genera Sciurus and Tamiasciurus are game mammals. The Western gray squirrel (Sciurus griseus) is the main native species in this group. The Eastern gray squirrel (Sciurus carolinensis), though non-native, sits in the same genus and is also treated as a game mammal.1California Fish and Game Commission. Mammal Hunting Regulations – Resident Small Game
California ground squirrels are nongame mammals. So is the Eastern fox squirrel (Sciurus niger), which state law specifically lists alongside nongame mammals for depredation purposes.2California Legislative Information. California Fish and Game Code FGC 4152
The San Joaquin antelope squirrel (Ammospermophilus nelsoni) is listed as threatened under the California Endangered Species Act. Killing, harming, or capturing one without explicit authorization from CDFW is illegal.3California Department of Fish and Wildlife. Five-Year Status Report – San Joaquin Antelope Squirrel
Ground Squirrels and Fox Squirrels on Your Own Property
Most squirrel problems in California involve this category, and the rules are the most permissive. The Fish and Game Code lets a property owner or tenant take nongame mammals and Eastern fox squirrels that are damaging crops or other property at any time, using any legal method. No hunting license, no permit.2California Legislative Information. California Fish and Game Code FGC 4152
A few conditions still apply. Traps must be inspected and cleared at least once every 24 hours. The raw fur of any animal taken this way cannot be sold. If you’re being paid to trap for someone else, you need a trapping license. And the exemption doesn’t override the state’s bans on body-gripping traps and certain poisons, which apply no matter whose property the squirrel is on.
Killing a Western Gray Squirrel
Because the Western gray squirrel is a game mammal, you can only take one with a valid California hunting license during the open season. Anyone hunting, pursuing, catching, or killing mammals in California must carry the license and produce it on request.4California Department of Fish and Wildlife. Hunting Licenses and Tags
Season and Bag Limits
The general tree squirrel season opens on the second Saturday in September and closes on the last Sunday in January. It applies in dozens of listed counties, but not every California county is included, so check the current regulations for where you plan to hunt.1California Fish and Game Commission. Mammal Hunting Regulations – Resident Small Game
The daily bag limit is four squirrels, and the possession limit is also four.5Cornell Law School. Cal Code Regs Tit 14 307 – Tree Squirrels
License Fees
Fees change every year. Recent schedules put a resident hunting license around $55, a junior license (under 16) around $16, and a non-resident license around $196. Confirm the current amount with CDFW before you buy.4California Department of Fish and Wildlife. Hunting Licenses and Tags
Gray Squirrels Damaging Your Property Outside Season
You cannot treat a gray squirrel like a ground squirrel just because it’s chewing on your house. Since it’s a game mammal, you need a depredation permit from CDFW before killing one outside the hunting season. The application is reviewed by CDFW, and if issued, the permit will spell out which methods are allowed and what you have to report. Poison is never permitted for taking gray squirrels, even under a depredation permit.6California Department of Fish and Wildlife. Depredation Permit Species in California
Methods That Are Off the Table
Even in the situations where killing a squirrel is legal, California limits how you do it. These restrictions apply regardless of species.
Poisons and Rodenticides
The Ecosystems Protection Act (AB 1788), enacted in 2020, banned nearly all use of second-generation anticoagulant rodenticides in California. That covers products containing brodifacoum, bromadiolone, difenacoum, or difethialone, across residential, industrial, and most institutional settings. Narrow exemptions exist only for certain government uses tied to public health, vector control, and water infrastructure.7California Department of Pesticide Regulation. Second Generation Anticoagulant Rodenticide Prohibitions and Allowed Uses
Poison of any kind is separately unlawful for taking game mammals like the Western gray squirrel.
Traps
California bans body-gripping traps for taking any game, nongame, or fur-bearing mammal. That includes steel-jawed leghold traps, padded leghold traps, conibear traps, and snares. The steel-jawed leghold ban has only a very narrow exception for government employees protecting human health or safety when nothing else will work.8California Legislative Information. California Fish and Game Code FGC 3003.1
Cage traps, box traps, and standard rat and mouse snap traps are not body-gripping traps and remain legal. A live-set trap must be checked at least once every 24 hours. Captured squirrels generally have to be euthanized humanely or released on-site, because California heavily restricts relocating trapped wildlife.
Firearms
Firearms and archery equipment are standard tools for hunting squirrels where the take is legal, but a hunting license does not give you permission to discharge a firearm anywhere it would otherwise be unlawful. Most cities and many counties prohibit shooting inside their limits. Fully automatic weapons, tracer ammunition, and explosive projectiles are banned for hunting.9California Fish and Game Commission. Mammal Hunting Regulations – General Provisions and Definitions
What It Costs If You Get It Wrong
Most Fish and Game Code violations are misdemeanors, carrying a fine up to $1,000, up to six months in county jail, or both. Hunting without a license, going over a bag limit, or using a prohibited method during squirrel season all sit here.10California Legislative Information. California Fish and Game Code FGC 12002
Killing a species protected under the California Endangered Species Act is much more serious. Fines run from $25,000 to $50,000 per violation, with up to one year in county jail, and each individual animal can be a separate count.11California Legislative Information. California Fish and Game Code FGC 12008.1
Federal penalties can stack on top. If a squirrel species is also protected under the federal Endangered Species Act, civil penalties reach up to $65,653 for a knowing violation, with criminal penalties possible on top of that.12eCFR. 50 CFR 11.33 – Adjustments to Penalties Courts may also order restitution and require completion of hunter education.
Non-Lethal Options That Skip the Legal Question
Exclusion and habitat changes often solve a squirrel problem more permanently than killing individual animals, and they require no license, no permit, and no species identification.
- Seal entry points into attics, crawl spaces, and garages with hardware cloth or sheet metal, and trim tree branches back at least six feet from the roofline.
- Remove or swap out bird feeders, pick up fallen fruit and nuts, and store pet food and livestock feed in sealed containers.
- Motion-activated sprinklers and ultrasonic devices can discourage squirrels from specific areas, with mixed results.
None of these methods depend on the season, the species, or a permit, which is what makes them the safest starting point when you’re not sure what kind of squirrel you have.