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sadderday
07-06-2006, 1:13 AM
Hello,

I'm going to be doing some backpacking in a National Forrest (specifically the Inyo National Forrest) and I'm wondering about legally carrying a visible/holstered handgun.

I do not have a CCW, so concealed carry isn't an option.

Where would I turn to find an answer regarding this? And does anyone know the specific penal code section that deals with open carrying in a National Forrest? I would like to print it out and have it with me while carrying.

Thank you.

xYourLocalAR15x
07-06-2006, 4:40 AM
Hello,

I'm going to be doing some backpacking in a National Forrest (specifically the Inyo National Forrest) and I'm wondering about legally carrying a visible/holstered handgun.

I do not have a CCW, so concealed carry isn't an option.

Where would I turn to find an answer regarding this? And does anyone know the specific penal code section that deals with open carrying in a National Forrest? I would like to print it out and have it with me while carrying.

Thank you.


check my thread in the outdoor forum. I'll be camping in inyo later this month and asked the same question. My 1911 is going on my hip along with my hunting license in my wallet :)

jmlivingston
07-06-2006, 6:50 AM
I love the Inyo forest. Where you guys headed to up there? I've spent a lot of time camping and living in the Portals, Grey's Meadow's, and Bishop Creek areas.

John

freshdesigns@hotmail.com
05-05-2008, 9:46 AM
I'd love some additional info on this as well. I live near Shaver, Bass and Huntington Lakes and go there often. These look to be located in a National Forrest (not Park) so am curious about the open carry rule. These areas are highly populated with boater, campers, ect (like Wally World somethimes) and I can't image open carry being allowed -- but I could be wrong! Anyone have more input or knowledge on these areas?

IGOTDIRT4U
05-05-2008, 9:59 AM
Open carry is allowed in National Forests while in your campsite, or while fishing or hunting (legal season) only. While hiking, you should lock up your unloaded weapon. CCW holders of CA are exempt.

M1A Rifleman
05-05-2008, 10:51 AM
While hiking, you should lock up your unloaded weapon. CCW holders of CA are exempt.

Is this a new Federal requirement? The National Forests (USDA) has general restrictions regarding shooting within certain areas, and the laws of the state your in would generally apply. There area also some restrictions related to the carry of firearms around campgrounds (beyond the limits of your campsite) as under California law this would be considered a public area like a road. Concealed carry while hunting is allowed. Open Carry while loaded is allowed in areas that are not public. I think the confusion is if a trail is considered public or not - in the wilderness I would say it is not. Seems to me the best idea would be to check with the Ranger Station and make up your own mind.

MudCamper
05-05-2008, 11:53 AM
In California, you must follow California law in National Forests, specifically, 12025 and 12031.

The only federal restrictions are that firearms must be "handled safely" and that "all state and local laws apply". They also have shooting restrictions near roads, campsites, streams, and bodies of water. What this means is, loaded carry is not allowed in those areas per 12031(f). However unloaded carry is legal in these areas. Loaded would be legal elsewhere per 12031. (It's not "prohibited area of unincorporated territory" afterall.) Loaded in your own campsite would also be legal per 12031(l).

Call your local ranger station and ask them their opinion also. Some districts are very gun friendly. Some are not, and believe, incorrectly, that you may not carry firearms loaded or otherwise.

Print, read, and carry my flyer (http://www.paul.net/guns/CaliforniaOpenCarry.pdf).

MudCamper
05-05-2008, 11:54 AM
While hiking, you should lock up your unloaded weapon.

Not true. While hiking, you can carry loaded provided you are not in an area where shooting is restricted. And otherwise you can carry unloaded.

IGOTDIRT4U
05-05-2008, 3:59 PM
Is this a new Federal requirement? The National Forests (USDA) has general restrictions regarding shooting within certain areas, and the laws of the state your in would generally apply. There area also some restrictions related to the carry of firearms around campgrounds (beyond the limits of your campsite) as under California law this would be considered a public area like a road. Concealed carry while hunting is allowed. Open Carry while loaded is allowed in areas that are not public. I think the confusion is if a trail is considered public or not - in the wilderness I would say it is not. Seems to me the best idea would be to check with the Ranger Station and make up your own mind.

Correct. I was going with the presumption hiking was to be on trails. That said, I would not push it with OC unless I was hunting or fishing that area. As far a campsites, common sense should tell you what to do. CA PC allows for you to carry, but if there were other campers close by, I would forego that option. The grey area on what is "public" in regard to camp areas is not something I would want to explore as a deefendant in a courtroom.

IGOTDIRT4U
05-05-2008, 4:02 PM
Not true. While hiking, you can carry loaded provided you are not in an area where shooting is restricted. And otherwise you can carry unloaded.

Ah, yes, I stand corrected. I forgot about legal CA OC. For some reason my mind was on the thought of loaded.

M1A Rifleman
05-05-2008, 4:06 PM
Correct. I was going with the presumption hiking was to be on trails. That said, I would not push it with OC unless I was hunting or fishing that area. As far a campsites, common sense should tell you what to do. CA PC allows for you to carry, but if there were other campers close by, I would forego that option. The grey area on what is "public" in regard to camp areas is not something I would want to explore as a deefendant in a courtroom.

Well, its good to be cautious, but this may too much as open carry loaded outside of designated campsites and off roads is legal. I doubt there would be much of a fuss with a ranger if some geek complained he hiked passed you way out in nowhere and he saw you carried a firearm in a holster or rifle slung. But as I said, its always best to check-in with the Leo for that part of the NF. My experience with them has been positive.

freshdesigns@hotmail.com
05-05-2008, 5:18 PM
What good is UNLOADED carry against mountain lion, bear or bad guys?! I guess if you're with someone you don't really like, you can feed him to the wild animals while you lock-n-load!

MudCamper
05-05-2008, 5:58 PM
What good is UNLOADED carry against mountain lion, bear or bad guys?! I guess if you're with someone you don't really like, you can feed him to the wild animals while you lock-n-load!

Handgun on hip in holster, loaded mags in belt carrier. Better than nothing.

CitaDeL
05-05-2008, 6:29 PM
What good is UNLOADED carry against mountain lion, bear or bad guys?! I guess if you're with someone you don't really like, you can feed him to the wild animals while you lock-n-load!

Yeah, may as well leave it at home if you cant have a round in the chamber... I choose a handfull of dirt and pine needels as my weapon of choice,... and a sharp stick as my backup piece.

Sorry, Im with MudCamper... take it with you, open carry it, concern yourself with what people might think about it if the ranger comes to talk to you.

Scope
05-05-2008, 7:14 PM
Call a ranger and ask. Last time I checked, though, it was legal to open carry in a national forest.

Diabolus
05-05-2008, 8:58 PM
It is legal to carry a firearm in National Forest.

Lots of bad information in this thread.

freshdesigns@hotmail.com
05-05-2008, 10:42 PM
Loaded or unloaded? With ccw or without? It seems to be a very confusing issue here in CA!

cbn620
05-05-2008, 10:59 PM
I hike and camp in the greater Dinkey, Shaver and Wishon area and when not in a vehicle, regardless of where I am, there is usually a loaded firearm within 10 feet of me. I have never even thought of the legality of this. Granted, we're nowhere near public roads.

freshdesigns@hotmail.com
05-05-2008, 11:03 PM
Do you carry open or concealed?

Breadfan
05-05-2008, 11:16 PM
You can carry in a National Forest you can not in a National park

FreedomIsNotFree
05-06-2008, 2:24 AM
I open carry, loaded, EVERY time I hike in a National Forest. I think you are insane NOT to.

As long as you are in an Unincorporated part of the County, which all National Forests that I know of are, you can LEGALLY open carry loaded.

What do you expect hunters to do? Carry unloaded guns that they must load when they see an animal they plan to shoot?

Once you make a campsite, the rules get even more lenient considering the law gives you the same protections as you have at home.

C'mon now...there is enough FUD in this thread.