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View Full Version : IS IT LEGAL TO SHOOT(think burro cy a.k.a. Have a Loaded Weapon - WHAT LAW ALLOWS IT


jman11
07-15-2009, 9:40 AM
Just an off thought....when everyone goes shooting in the desert or what not... shooting on BLM or public unincorporated land........ HOW IS IT LEGAL TO HAVE A LOADED WEAPON? I know you can have it loaded for self defence , etc. Let me know

Rhys898
07-15-2009, 10:08 AM
Just an off thought....when everyone goes shooting in the desert or what not... shooting on BLM or public unincorporated land........ HOW IS IT LEGAL TO HAVE A LOADED WEAPON? I know you can have it loaded for self defence , etc. Let me know

My take is that whatever is not specifically prohibited is implicitly allowed. If there is enough confusion about the legality of something then the legislature may specifically codify the legality of said action.

Jer

Librarian
07-15-2009, 10:57 AM
My take is that whatever is not specifically prohibited is implicitly allowed. If there is enough confusion about the legality of something then the legislature may specifically codify the legality of said action.

Jer

Yes, that's generally accurate. The exceptions seem to be where a license is required.

Decoligny
07-15-2009, 11:06 AM
12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

This shows where you CANNOT carry a loaded firearm.

So, if the place you shoot isn't in an incorporated city, or it isn't a prohibited area of unincorporated territory, then it it NOT ILLEGAL to carry a loaded firearm there.

jman11
07-15-2009, 11:08 AM
thanks Decoligny!

MasterYong
07-15-2009, 11:13 AM
I've called both the local BLM office and the local National Forest office in my area to ask if I could shoot at location "x" or location "y" and with each call I've nearly been laughed off the phone!

The individual on the other side of the line just says "well, if it's not posted that you can't then you can!"

So I call fish & game and they say "listen- we write the restrictions, and the forest service enforces them. If it isn't posted, it's OK"

Obviously this only applies to National Forests and BLM land in unincorporated territory- and it's still always best to ask by calling ahead -but I've been told by 5 different people now from the 3 different agencies that if it's not posted then it's not a problem.