PDA

View Full Version : open carry on BLM still ok?


Cashrip
10-10-2011, 8:15 PM
with this new law that was just passed, is it still legal to open loaded carry on BLM land and in your campsite? or was this just a blow to open unloaded carry in cities?

Liberty1
10-10-2011, 8:21 PM
It is all dependent on if 12031 is in effect on that land (is discharge prohibited by county ordinance?) or if your activity falls in to an exemption.

javalos
10-10-2011, 9:46 PM
A friend of mine asked me if it was still legal to carry open in a remote area. Tell you the truth, I didn't know, so I sat down and read the bill. I see where it exempts hunters in the process of hunting, so if your in the wilderness hunting, you better have a hunting license if stopped by F&G. But I don't see any exemptions for lets say a hiker in a remote area or wilderness, what I did see was a whole lot of restrictions and vague exemptions.

toyotaguy
10-10-2011, 9:52 PM
I was under the impression that anywhere that you can legally target shoot you could also legally loaded open carry. Did this bill change that?

stix213
10-10-2011, 10:11 PM
If you can't shoot you can't carry. Obviously more details than that. Hopefully the mudcamper sticky thread in the outdoors forum can be updated before this law takes effect.

javalos
10-10-2011, 10:13 PM
I was under the impression that anywhere that you can legally target shoot you could also legally loaded open carry. Did this bill change that?

It says you can legally open carry at sanctioned public or private shooting ranges. As to simply hiking in the wilderness to protect yourself against lets say a bear? Doesn't address that.

Quiet
10-11-2011, 7:03 AM
If you are in an area where you can legally discharge a firearm, you can also legally open carry a loaded firearm.

NeuTag
10-11-2011, 7:07 AM
and you can legally ask your local representive to join you in having fun. Try it.

vantec08
10-11-2011, 8:40 AM
As far as I know it is, as long as it isnt a restricted area under local ordinances. Just be prepared to go thru some drama with BLM ranger/cowboys.

Mesa Tactical
10-11-2011, 8:45 AM
It says you can legally open carry at sanctioned public or private shooting ranges. As to simply hiking in the wilderness to protect yourself against lets say a bear? Doesn't address that.

You loaded open carry in most of those places.

Though I wouldn't worry too much about bears in California, not enough to lug an extra two pounds of steel around.

jason el magnifico
10-11-2011, 9:10 AM
Was waiting for this thread to pop up, as I have similar questions.

Not having read the law yet, I wonder what the implications are to those times/places where transportation in a locked container is not practical but loaded carry is not legal (because of 12031).

I'm thinking of examples such as my recent backpacking trip into Los Padres NF: our jump-off point was right on hwy 1. I UOC until we were some distance off the road and then switched to LOC. When our trail took us to/on a dirt road, I switched to UOC (lest that 20 mins be the one time I run across some gung-ho deputy). As obnoxious and paranoid as the whole experience was, trying to dance around the various CA laws just got worse with this nonsense

Manolito
10-11-2011, 9:16 AM
If you walk the woods of northern california you should be very worried about pot grows and your safety. Then bears and Lions. Healthy you are pretty safe from wildlife break a leg compound fracture and lay defenseless on the ground with the smell of blood on you and let me know how you feel about two pounds of steel. The final thought is a gun is a great noise maker to help people find you.
Bill

MudCamper
10-11-2011, 9:19 AM
As I've posted here (http://www.calguns.net/calgunforum/showthread.php?p=7297489#post7297489), IMO we still can UOC in NF, BLM, etc.

Of course you can LOC in remote areas where shooting is not prohibited.

But the problem arises were shooting is prohibited, like on the roads in the NF. (And most roads in the forests I visit are hardly more than goat trails.) 26350 (the new law from AB 144) prohibits carrying where shooting is prohibited. But it also contains the following exception:

26388. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun on publicly owned land, if the
possession and use of a handgun is specifically permitted by the
managing agency of the land and the person carrying that handgun
is in lawful possession of that handgun.

The question is, does the fact that firearms are not prohibited in these lands, and that their use is regulated (safe shooting laws etc) does that mean that they are "permitted" per the new law.

moleculo
10-11-2011, 9:24 AM
I've said it before...

...get a hunting license and carry all you want in BLM, NF, and other remote areas. Coyote is always in season, so you're "always" hunting coyotes if asked. It's really easy to get a hunting license.

paul0660
10-11-2011, 9:24 AM
The question is, does the fact that firearms are not prohibited in these lands, and that their use is regulated (safe shooting laws etc) does that mean that they are "permitted" per the new law.

Doesn't sound like it to me. Each agency can make up their own rules. Instead of looking for signs and website regulations that prohibit actions, we have to look for approval. Bunch of BS.

Liberty1
10-11-2011, 9:32 AM
As I've posted here (http://www.calguns.net/calgunforum/showthread.php?p=7297489#post7297489), IMO we still can UOC in NF, BLM, etc.

Of course you can LOC in remote areas where shooting is not prohibited.

But the problem arises were shooting is prohibited, like on the roads in the NF. (And most roads in the forests I visit are hardly more than goat trails.) 26350 (the new law from AB 144) prohibits carrying where shooting is prohibited.


I'm with Mike now in believing roads are not a prohibited area based on People v Knight and the AG opinion regarding that issue provided the road in not within a discharge prohibited 'area'' pursuant to county ordinance.

MudCamper
10-11-2011, 9:36 AM
I'm with Mike now in believing roads are not a prohibited area based on People v Knight and the AG opinion regarding that issue provided the road in not within a discharge prohibited 'area'' pursuant to county ordinance.

But that opens a whole new can of worms: LOC. If you LOC on a road in the NF I bet that some gung-ho ranger or sheriff deputy or warden will cite you for 12031, whether it's right or not.

ckprax
10-11-2011, 9:58 AM
I've said it before...

...get a hunting license and carry all you want in BLM, NF, and other remote areas. Coyote is always in season, so you're "always" hunting coyotes if asked. It's really easy to get a hunting license.

One small hitch I can see with using the hunting exemption is for people in the condor zone; we would only be able to carry lead free ammo.

a1c
10-11-2011, 10:25 AM
Depends on the area. There is a small piece of BLM in my county where firearms are prohibited except when hunting, for instance. But the bulk of the remaining BLM land allows firearms, and some of them even have informal or designated ranges.

Check the BLM's website. And when in doubt, just call their offices and ask. Most employees I've dealt with were very nice and helpful.

Jason P
10-11-2011, 10:40 AM
Call me retarded (you wouldn't be the first), but this law doesn't seem to effect LOC in LOC approved areas. It only effects UOC in most areas. So then LOC in LOC areas, including campsites (temporary domiciles/residence) has not been changed. Right?:TFH:

Liberty1
10-11-2011, 10:56 AM
Call me retarded (you wouldn't be the first), but this law doesn't seem to effect LOC in LOC approved areas. It only effects UOC in most areas. So then LOC in LOC areas, including campsites (temporary domiciles/residence) has not been changed. Right?:TFH:

Unincorporated territory LOC, if anyone can understand what a prohibited area is or isn't in unincorporated territory, is still not prohibited.

MudCamper
10-11-2011, 10:58 AM
Call me retarded (you wouldn't be the first), but this law doesn't seem to effect LOC in LOC approved areas. It only effects UOC in most areas. So then LOC in LOC areas, including campsites (temporary domiciles/residence) has not been changed. Right?:TFH:

Correct. Continue to LOC where LOC was previously allowed.

But there is also the 26388 exception, which IMO would also allow UOC in "prohibited areas" of the NF/BLM/NP/etc. But some still disagree with me. This needs to get settled, by some of the attorneys here on CalGuns, hopefully before I get arrested for it.

Ripon83
10-11-2011, 11:01 AM
I've already had friends ask me twice today as they hike in areas where they've run into pot farms and such and don't want to be out there without something.

God I love Nevada.....


Was waiting for this thread to pop up, as I have similar questions.

Not having read the law yet, I wonder what the implications are to those times/places where transportation in a locked container is not practical but loaded carry is not legal (because of 12031).

I'm thinking of examples such as my recent backpacking trip into Los Padres NF: our jump-off point was right on hwy 1. I UOC until we were some distance off the road and then switched to LOC. When our trail took us to/on a dirt road, I switched to UOC (lest that 20 mins be the one time I run across some gung-ho deputy). As obnoxious and paranoid as the whole experience was, trying to dance around the various CA laws just got worse with this nonsense

Liberty1
10-11-2011, 11:04 AM
But that opens a whole new can of worms: LOC. If you LOC on a road in the NF I bet that some gung-ho ranger or sheriff deputy or warden will cite you for 12031, whether it's right or not.

Have your LTC denial in a safe deposit box or better still on file with Kilmer/Davis. NPs are tricky because of the discharge ban being in an area. I'm still more interested in the streets v road & highway opinion issues or for people LOCing in populated unincorp. areas where there is no prohibited area. What was the AG saying about F&G safety zones (ex 150'/buildings)?

http://www.calguns.net/calgunforum/showpost.php?p=3846986&postcount=40