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Firearms in state beaches?

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  • SarcoBlaster
    Senior Member
    • Jun 2006
    • 1775

    Firearms in state beaches?

    I have an annual, week-long camping trip coming up in about 2 weeks and it's going to be at a state beach. Am I legally able to keep a firearm inside my tent? If so, can it be loaded?

    The reason I ask is because last year, somebody started going through camp sites at approximately 2:30am. The noise he made woke me up and I had my wife call the sheriff's department as he was 2 or 3 sites away. He ended up walking onto our camp site right as a sheriff's deputy rolled up and made contact. Ultimately, he was transported off site after being given a stern warning because he didn't have any weapons, drugs, or stolen property on him and was clear of any wants or warrants.

    After the incident, I realized the only thing my wife and I had in the tent were our knives and I would like to have a more effective means to protect ourselves.

    Any help would be greatly appreciated.

    Thanks!
    My buyer/seller feedback.
  • #2
    lawrence29
    Member
    • Jul 2007
    • 236

    I think cell phone, bear spray and a big stick will do. State beach is firearm free.

    Comment

    • #3
      thayne
      Senior Member
      • Jun 2010
      • 2289

      Originally posted by lawrence29
      I think cell phone, bear spray and a big stick will do. State beach is firearm free.
      When you set up a campsite, doesnt that, in fact, become your home? At least while you're there? If so it should be legal to have a firearm.
      "It wasn't a failure of laws," said Amanda Wilcox, who along with her husband, Nick, lobbies for the California chapter of the Brady Campaign to Prevent Gun Violence. "I just don't see how our gun laws could have stopped something like that."

      Comment

      • #4
        Liberty1
        Calguns Addict
        • Apr 2007
        • 5541

        firearm possession is proscribed in State Parks/Beaches by 14 CCR s4313 (California Code of Regulations)

        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.
        However Parks legal dept says cops and CCW holders are exempt.

        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
        Last edited by Liberty1; 06-28-2010, 10:43 PM.
        False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
        -- Cesare Beccaria http://www.a-human-right.com/

        Comment

        • #5
          Liberty1
          Calguns Addict
          • Apr 2007
          • 5541

          Originally posted by thayne
          When you set up a campsite, doesnt that, in fact, become your home? At least while you're there? If so it should be legal to have a firearm.
          Take it to the Supremes...
          False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
          -- Cesare Beccaria http://www.a-human-right.com/

          Comment

          • #6
            cineski
            Calguns Addict
            • Nov 2007
            • 6205

            As far as I know, any place you are legally able to set up camp, you can have a firearm w/ you since this is considered your home. The firearm can be loaded and concealed. Not so when you wander from your immediate camp site. Doesn't matter the location unless it is a privately owned camp ground where the owners don't allow guns.

            Comment

            • #7
              Liberty1
              Calguns Addict
              • Apr 2007
              • 5541

              Originally posted by cineski
              As far as I know, any place you are legally able to set up camp, you can have a firearm w/ you since this is considered your home. The firearm can be loaded and concealed. Not so when you wander from your immediate camp site. Doesn't matter the location unless it is a privately owned camp ground where the owners don't allow guns.
              There is no 'campsite' exemption in 4313 CCR.

              You're thinking of the PC 12031 exemption:

              (l) Nothing in this section shall prevent any person from having a
              loaded weapon, if it is otherwise lawful, at his or her place of
              residence, including any temporary residence or campsite.
              The two laws operate separately. And (l) only applies to 12031.

              and 'having' is not always 'carrying'
              Last edited by Liberty1; 06-28-2010, 11:48 PM.
              False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
              -- Cesare Beccaria http://www.a-human-right.com/

              Comment

              • #8
                WokMaster1
                Part time Emperor
                CGN Contributor - Lifetime
                • Mar 2006
                • 5436

                Originally posted by Liberty1


                However Parks legal dept says cops and CCW holders are exempt.
                Read like a priviledged class. Since CCW is never issued in SF County, does it mean that SF residents are not allowed to protect their own lives & their families with a gun which they legally own? Very sad & also ripe for Gura.
                "Good friends, good food & good wine. Anything else is just a waste of soy sauce.":)

                Comment

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