help me please. CCW in state parks.

[Sapperforward]

Hello,

I just finished up my ccq qualification class and our instructor pointed out a post from CallCCW and said that it is legal to carry at state parks. I see that this information is 8 years old and I was wondering if it is still accurate. I thought it was illegal to carry at state parks.

FROM THE CALCCW WEBSITE

Q: Can a licensed CA CCW holder carry in a CA State Park? What about a off-duty LEO? What is considered a State Park?

Yes and yes.

As for what constitutes a State Park - there are too many to list, but you can browse the list at Find a Park.

Be careful - there are City Parks, County Parks, State Parks, National Parks, National Forests and they have different rules. Then, to make matters worse, there are National Monuments, National Historic Trails, National Historic Sites, National Recreation Areas, and National Memorials. Then of course we have city and state beaches - perhaps some county beaches as well. See the following related threads regarding parks:[List all park FAQ threads]



This question was an area of contention due to some seemingly unclear regulations:

Quote:
14 CCR s 4313
Cal. Admin. Code tit. 14, s 4313

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 3. DEPARTMENT OF PARKS AND RECREATION
CHAPTER 1. GENERAL
Weapons and Traps.

(a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated archery ranges where the Department of Parks and Recreation finds that it is in its best interests.

(b) Nothing herein contained shall be construed in derogation of the use of weapons permitted by law or regulation and to be used for hunting in any unit, or portion thereof, open to hunting.

(c) Firearms not having a cartridge in any portion of the mechanism, other unloaded weapons or devices such as traps, nets, and bows and arrows may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.

Note: Authority cited: Section 5003, Public Resources Code. Reference: Sections 5003.1 and 5008, Public Resources Code.
The consensus was that this regulation referred only in the context of hunting, and did not address otherwise lawful carry of a weapon per CCW or LEO/HR218.

Thanks to a member on this board, we now have an opinion via email from Adrian Itaya (AITAY@parks.ca.gov), Superintendent of Public Safety Services, California State Parks, Public Safety Division.


http://www.calccw.com/Forums/where-c...tate-park.html

Quote:
My apologies for the delay-

The California Department of Parks and Recreation through its legal section, has determined that CCR 4313 exempts the following:

1) California Peace Officers who are otherwise permitted to carry firearms
2) Honorably retired California Peace Officers with concealed weapons privileges
3) Citizens with concealed firearms privileges

Please feel free to contact me if you have any questions.

Adrian E. Itaya

California State Parks
Public Safety Division

(916) 651-0403


Take note that many park rangers may not properly interpret this law, and in fact the Public Safety Division of California State Parks took several months to respond with a definitive answer. It would be prudent to have a printout of the above text so, at a minimum, they may have a contact person to escalate if you encounter any problems.

Special thanks to Tikifrei, G30 Steve, and CCWInstructor for contribution to this article.

The information in this FAQ post should be considered "as-is" and is not guaranteed to be accurate in any way. The maintainers of this site make an effort, when possible, to try to verify the information, but we are not lawyers and, therefore, we cannot and will not give legal advice. If you need accurate answers, hire an attorney who is licensed in the state in question that specializes in firearms. It is completely up to the reader to verify ALL information contained in this FAQ post.

[RANGER295]

AFAIK nothing has changed. You should still be good to go.

[Dvrjon]

To understand the Regulation, it's important to understand the statutes upon which it is based. The regulation cites specific code sections as its authority for issuance.

Public Resources Code 5003.1 (http://codes.findlaw.com/ca/public-r...ct-5003-1.html) addresses hunting and fishing in the state parks:

The Legislature finds and declares that it is in the public interest to permit hunting, fishing, swimming, trails, camping, campsites, and rental vacation cabins in certain state recreation areas, or portions thereof, when it is found by the State Park and Recreation Commission that multiple use of state recreation areas would not threaten the safety and welfare of other state recreation area users.  Hunting shall not be permitted in any unit now in the state park system and officially opened to the public on or before June 1, 1961, or in any unit hereafter acquired and designated by the commission as a state park, state marine reserve, state marine park, state reserve, state marine conservation area, or state marine cultural preservation area, and may only be permitted in new recreational areas and state marine recreational management areas that are developed for that use.
Whenever hunting or fishing is permitted in a state recreation area or state marine recreational management area, and whenever fishing is permitted in a state park, state marine park, state marine cultural preservation area, or state marine conservation area, the Department of Fish and Game shall enforce hunting and fishing laws and regulations as it does elsewhere in the state.

Provides authority for the protection of parks and appointment of peace officers.
(http://codes.findlaw.com/ca/public-r...sect-5008.html)

While one doesn't know the basis for the email clearance of CCW in state parks, it seems reasonable that they relied heavily on the meaning of these two statutes.

Finally, while one may not care for the organization, the anti-gun group, The Law Center to Prevent Gun Violence provides this:http://smartgunlaws.org/other-locati...in-california/

California generally prohibits carrying or possession of a firearm in the following locations, although concealed weapons licensees are exempt from these prohibitions:
-In any state or local public building or at any public meeting.
-In the California State Parks system.10

The "10" indicates footnote 10 which refers to Regulation 4313 noted in the OP and currently referenced here: http://www.parks.ca.gov/?page_id=21301

[Sapperforward]

Very well laid out explanation. Thank you for that. Your post clears up all the questions I had. Thanks.

[Dvrjon]

You're welcome.

But please remember, the input above merely validates that State Parks regulations don't prohibit CCW within the parks, as they pertain to control of fishing and hunting. Overall control of dangerous weapons (Penal Code) is not addressed. But, we're still reliant on the represented e-mail of a State Parks employee who is probably long-retired. (Plus, a bunch of folks were forced out by a budget issue a couple of years ago.)

There also may be some additional, obscure statute somewhere that infers CCW prohibition. (I doubt it, but....)

Ironically, what may be more convincing than the e-mail is the anti-gun group's assertion that CCW carry is legal in State Parks.