Firearms in Forests and Parks

[MudCamper]

My question: what is the risk of being hassled/arrested/weapon confiscated by carrying in a National Park?

Well from what I can tell the NP LE seem to have been brought up to date on both the new federal change, and even California PC including 12031(e). So then I guess it depends on what your definition of "hassle" is, combined with what a particular LEO's understanding of how far he can go with an (e) check. It's really uncharted territory in most areas right now. However, IMO you won't have the weapon confiscated nor be arrested.

Under what circumstances is it LEGAL to load/discharge a firearm within a national/state park? I want assume only under self defense instances (ex. bear/wolf/cougar/mountain lion, or another animal capable of killing you is attacking) but I want to make sure.

Well in State Parks, it's never legal to possess an unlocked or operable firearm, so technically, you'd violate the Park code when you otherwise legally defended yourself.

As for National Parks, it's basically "prohibited area" per CA PC 12031, meaning, you can load in emergencies. As for when it is legal to discharge and use lethal force, well, it's the same as the rest of the state. It's complicated, but basically if you or any innocent is under imminent thread of great bodily injury or death.

[radio2]

Its probably been answered before in this thread and I apologize, but I have only read the first 2 pages.

Under what circumstances is it LEGAL to load/discharge a firearm within a national/state park? I want assume only under self defense instances (ex. bear/wolf/cougar/mountain lion, or another animal capable of killing you is attacking) but I want to make sure.

I don't know if it's legal to load then but if it's you or the bear.

[Nick1236]

Its probably been answered before in this thread and I apologize, but I have only read the first 2 pages.

Under what circumstances is it LEGAL to load/discharge a firearm within a national/state park? I want assume only under self defense instances (ex. bear/wolf/cougar/mountain lion, or another animal capable of killing you is attacking) but I want to make sure.

[17+1]

I have open carried my Glock on National Forest and BLM land before without any issues. Since I was near campsites and busy trails, I felt more comfortable UOC the entire time, instead of loading in non-prohibited areas.

I'm heading to Lassen Volcanic National Park in a few weeks and plan to UOC there. I have read through most of this thread including the CA penal code and it seems like pistol UOC, magazines openly carried, no carry in buildings(except crapper, unless otherwise posted), no carry where 'carry is prohibited' signs exist, no loading and no discharge.

My question: what is the risk of being hassled/arrested/weapon confiscated by carrying in a National Park? I never had any issues in the NF/BLM, any of the many times I have been...even had a cool DFG guy complimenting my rifle when we were shooting on BLM.

My pistol was legally purchased and is registered to me. I am not barred from owning of possessing. I am clean cut and respectful. No visible tattooing.

[MudCamper]

Does this apply equally for shotguns? I'm going on a four day hike through Sequoia National Park and I'm bringing my Mossberg Pump action with slugs just in case of bears. Can I LOC the shotgun? It will be affixed to my backpack without a chambered shell. Thanks for the input.

Since the Parks ban shooting, this triggers the CA PC 12031 "prohibited area" language, which therefore bans loading (except in emergencies or in your campsite).

If believe there are no firearms allowed in National Parks. Someone please correct me if I am wrong...

That is not correct. As GuyW said, the law changed. Read the first 2 posts in the thread and follow the links for more details.

[GuyW]

If believe there are no firearms allowed in National Parks. Someone please correct me if I am wrong...

Congress changed the law, and the NPS has to comply with it....I suggest reading this thread....
.

[Lead-Thrower]

If believe there are no firearms allowed in National Parks. Someone please correct me if I am wrong...

[Blood Ocean]

Does this apply equally for shotguns? I'm going on a four day hike through Sequoia National Park and I'm bringing my Mossberg Pump action with slugs just in case of bears. Can I LOC the shotgun? It will be affixed to my backpack without a chambered shell. Thanks for the input.

[vladbutsky]

For UOC you can have the magazines anywhere that doesn't make the firearm "ready to fire", meaning not inserted into the magwell or attached to the firearm. So, you can have them in your pocket, under your belt, or you could pickup a cheap mag holder for your belt which is my recommendation.

I wouldn't keep an unloaded mag in the firearm unless you're trying to give the appearance of loaded, which may be an intent if you're carrying to ward of unwanted persons. Keeping the magwell empty allows for a quicker loading time, and keeps the magwell free of any possible jams or obstructions that could be caused by trying to drop the empty mag and load the full one in a time of high stress.

Magazine is an essential part of the firearm and therefore same concealment rules apply - you cannot put magazine into your pocket while UOC, you need to keep it visible (People v. Hale 1974)

http://www.calguns.net/calgunforum/showpost.php?p=4534973&postcount=9

As for keeping empty mag in the well - it reduces your loading time, but keeps some dirt out of gun too. So you decide if you want to plug that hole or not. I guess it would depend on where you carry.

[locosway]

So.... I've read this whole thread. I live in NV (so no such restrictions), but am going camping up in Sequoia NP next week. I see that I can UOC (a foreign concept, but whatever). However, what isn't clear to me is where I can carry the loaded magazine(s). In my pocket? Or do they have to be tucked in my belt? I don't have a belt carrier, but I could put them behind my belt. And do I need to (or should I) have an empty mag in the 1911?

I'm not particularly trying to make a statement, I just prefer to have a weapon on hand for the unexpected.

I could ask the rangers when I get there, I guess.

Thanks in advance.

For UOC you can have the magazines anywhere that doesn't make the firearm "ready to fire", meaning not inserted into the magwell or attached to the firearm. So, you can have them in your pocket, under your belt, or you could pickup a cheap mag holder for your belt which is my recommendation.

I wouldn't keep an unloaded mag in the firearm unless you're trying to give the appearance of loaded, which may be an intent if you're carrying to ward of unwanted persons. Keeping the magwell empty allows for a quicker loading time, and keeps the magwell free of any possible jams or obstructions that could be caused by trying to drop the empty mag and load the full one in a time of high stress.

[kmassner]

So.... I've read this whole thread. I live in NV (so no such restrictions), but am going camping up in Sequoia NP next week. I see that I can UOC (a foreign concept, but whatever). However, what isn't clear to me is where I can carry the loaded magazine(s). In my pocket? Or do they have to be tucked in my belt? I don't have a belt carrier, but I could put them behind my belt. And do I need to (or should I) have an empty mag in the 1911?

I'm not particularly trying to make a statement, I just prefer to have a weapon on hand for the unexpected.

I could ask the rangers when I get there, I guess.

Thanks in advance.

[haveyourmile]

Sent this to Lake Tahoe Basin Unit (National Forest)

I'm curious about carrying a holstered firearm while in the Lake Tahoe Basin Area. I will NOT be hunting or target shooting but would like to carry a holstered sidearm for protection. Am I legally able to do this? I have heard MANY different opinions on this and each time I have called your office I have received a different answer. I would like to be following the law but am confused. What constitutes loaded?. Can you clarify which is applicable on National Forest land? What about on marked trails with NO vehicle traffic? May I carry (either loaded or unloaded) there? I would like to be able to carry my firearm but also want to be in full compliance with local, state, and federal laws. I appreciate your help on this issue. Thanks!

(me)

This was the response I got which I have printed out and carry with me while hiking up there

When on National forest lands you may carry a loaded firearm, meaning a 'round is in the chamber'. As far as the lands under ownership by the States, Counties and the Cities of the Lake Tahoe basin , you will need to contact them directly for the rules and regulations.

Happy snow-covered trails!!!!!! Laurel

[Flying Bones]

Mud Camper, thank you!

[locosway]

Question. CA law overrides national law. So does this mean that the unloaded requirements are that of CA law, or of NF law?

Also, would a sidearm be considered your primary weapon for hunting? Or does that not matter in this situation? If you're carrying 3-4 firearms, do they all have to be unloaded when coming into a prohibited area? Or only the longarms that are being used for hunting?

[Grizzlyman]

We used to live in Sonoma County, and moved to Nevada because things were changing there, not for the better in our opinion. Anyway we still love to hike in remote areas of the Sierras, alone. Could we carry a handgun, open carry?
With all the dope growers, mountain lions, and crazys, we would feel much safer with some protection. Recall what happened in Point Reyes on the trails, 5 people murdered, rapes. Yosemite handyman murdered 4 women. ( I used to be a Park Ranger in Yosemite, and there is a lot of crime there) Santa Cruz mountains-Kemper.
Anyway, rather be safe than sorry.
Thanks for any feedback.

I agree man. Sonoma County is going down the tube.