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Old 02-08-2010, 12:03 PM
Southwest Chuck Southwest Chuck is offline
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Quote:
Originally Posted by MudCamper View Post
It's a bit of a quandary, isn't it. Let's read the code:



(i) and (ii) are specifically rendered void per Section 512 of HR 627.

(iii) uses the word "using". That's a pretty broad term. It could include (i) and (ii), but obviously that wouldn't fly given the new law. I honestly don't know what to think. We may very well be able to get away with LOC, but I just don't know yet.
Great word, quandary. That's what we're in, in this instance, right now, for sure. Landmines all around until it gets sorted out. And NO, I don't want to be a test case . I guess it's a wait and see approach to see how the Park Service reacts to the first Open Carriers both UOC/LOC. Hopefully DVNP / YNP/ etc. will issue there own Guidence/Implementation Document on CA Law clarifying their position on the matter .

Even then, if they don't have a problem with LOC, we may still face risk (although diminished) of being prosecuted (12031) by an over zealous County Prosecuter (think Theasus) with a citation of 36 C.F.R. 2.4(a)(1)(iii) . It's something they could hold over your head, so to speak.... (Well sir, your carrying exposed and loaded is within Federal Law here in the Park, but may well be Illegal per CA State Law. Generally, we're not in the business of enforcing State Law, but just don't push it ).... with an insinuation of put it away or leave.
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Quote:
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