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Old 05-14-2019, 10:53 PM
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BrandonCornwell BrandonCornwell is offline
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Default Confused on the legalities of firearms in National Forests

Hey everyone.

So here's the background. I'm (relatively) new to owning a firearm, though I've been shooting recreationally at ranges and on private property for most of my life. I do have a license to own my firearm, I have no felonies, misdemeanors, domestic violence charges, pending lawsuits, or speeding tickets. I have owned my gun since February of 2017 (A Kimber Custom II 1911 .45 ACP), and I do not yet have my CCW license.

I am planning a backpacking trip this August with a bunch of friends. I am leaning towards national forests rather than national or state parks because they tend to give longer backpacking trails, and because I have heard that I can carry my handgun with me. In Norcal, as I'm sure you all know, there's a good number of dangerous creatures, both of the four legged and two legged variety. I don't expect to see any, but if there happens to be an errant bear or the like, I'd like to have the chance of scaring it away or, in a last ditch effort, try to get it before it gets me or one of my hiking buddies.

Now, I'm not a scared cowboy looking for a fight, but I would simply be more comfortable if I had the option of self defense if the need arises. Better to have and not need than need and not have.

So while I was waiting for my registration to be approved, I read over the information here, contacted the Forestry Service for that particular National Forest (Shasta-Trinity), and read the firearm law summary. The National Forest Service guy got back to me fast, and this is exactly what they said;

Quote:
Originally Posted by U.S. Forest Service - Shasta-Trinity National Forest
Hi Brandon, The only laws the FS has regarding firearms are stated our forest website: https://www.fs.usda.gov/recmain/stnf/recreation

“It is prohibited to discharge a firearm or any other implement capable of taking human life, causing injury, or damaging property: (1) in or within 150 yards of a residence, building, campsite, developed recreation site, or occupied area, or (2) across or on a Forest Development road, or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result of such discharge. (261.10d)”

For any other firearm regulations in the state please refer to the summary of California Firearms Law https://oag.ca.gov/firearms

State laws do apply on FS land.
Okay, that's perfectly reasonable. Let's check the state laws.

Quote:
Originally Posted by California Firearms Laws Summary
FIREARMS IN THE HOME, BUSINESS OR AT THE CAMPSITE

Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence, temporary residence, campsite or on private property owned or lawfully possessed by the person . Any person engaged in lawful business (including nonprofit organizations) or any officer, employee or agent authorized for lawful purposes connected with the business may have a loaded firearm within the place of business if that person is over 18 years of age and not otherwise prohibited from possessing firearms . (Pen . Code, ยงยง 25605, 26035 .)

NOTE: If a person’s place of business, residence, temporary residence, campsite or private property is located within an area where possession of a firearm is prohibited by local or federal laws, such laws would prevail.
And the information on the stickied thread says;

Quote:
Originally Posted by calguns.net
*2 - National Forest and BLM Details:

- LOC and UOC are legal everywhere except "prohibited areas" (areas where shooting is prohibited)
- LOC, UOC, UCC, and LCC are all legal in one's campsite. (PC 26055, 26383, & 25605)
- Shooting is prohibited within 150 yards of any residence, building, campsite, or developed site ("prohibited areas")
- Shooting is prohibited on or across roads or bodies of water ("prohibited areas")
- common opinion is that UOC of handguns is now illegal in "prohibited areas" of NF/BLM (AB144 / PC 26350) not all agree (PC 26388)
- Forest administrators have the authority to prohibit shooting in other areas of the NF but must clearly post this information ("prohibited areas")
- IMPORTANT NOTICE - some NFs are now banning shooting almost entirely - see this post - this makes the entire forest a "prohibited area"
- BLM administrators may post closures and restrictions regarding firearms use ("prohibited areas")

- LCC is legal for licensed hunters/fishermen, while hunting/fishing, but only where shooting is not prohibited (PC 25640)
- UCC is legal for licensed hunters/fishermen while hunting/fishing and while traveling to/from hunting/fishing expeditions (PC 25640)
- UOC is legal for licensed hunters while hunting and while traveling to/from hunting expeditions (PC 26366)
- CA CCW permit holders may disregard most of these restrictions and LCC in NF/BLM
So, if I am not mistaken (which I fear I may be) it seems like it is legal to open carry on National Forest land in my campsite, while camping. It is legal to fire my firearms, so long as I am 150 yards away from roads or campsites, and not shooting over roads, campsites or waterways.

However, I am still unsure about open carry specifically while backpacking. I would like to holster my pistol at my side while backpacking so that it is available in case of a threat.

I feel like I'm missing something obvious here. Anyone have experience/plain word answers?

Last edited by BrandonCornwell; 05-14-2019 at 10:56 PM..
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