Carrying In National Parks

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  • nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    I found the language in the SHARE act (see Minuteman's thread) that resolves some of the ACE managed public land regulations. Quoted and linked below.
    TITLE IV--RECREATIONAL LANDS SELF-DEFENSE ACT

    Recreational Lands Self-Defense Act

    (Sec. 402) The U.S. Army Corps of Engineers may not prohibit individuals from possessing a firearm in public areas of a water resources development project.
    https://www.congress.gov/bill/114th-congress/house-bill/2406
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Giving this a bump.

    If you're hiking thru a national forest or park, and can carry, DO IT. Get whatever permit you need and DO IT (with Shia LeBouf emphasis). Learn the laws, learn about the wildlife there, and get some training. Then do it!
    ---
    Just got back from Old Rag mountain. Had a brief, but no less wild encounter with a black bear cub on the fire road while my friend i were jogging back to the car. I was 10 or so yards behind my friend when the bear darted down the hill that overlooks the trail. It came within 10-15 feet of my friend, as it ran across the road.

    As soon as I saw the bear, I shouted "BEAR! (Friend's name) Stop!" He hit the brakes and I told him to come back towards me as we both started making loud noises. There were two hikers behind me that I had stop for a minute. It was intense, as none of us knew if Momma was going to appear next. We continued talking loudly as we scanned the hillside and the area below the road for any other movement. After feeling like that was the extent of it, we kept on our way.

    Freaking wild experience that had my adrenaline spike. Validates why I carry and why you should too.

    I never once reached for my sidearm, but knew it was there if the situation warranted it. Also plenty aware that it may still not be enough for a bear.

    We've hiked plenty in Shenandoah and the GWNF, but this is the first time we've ever encountered a bear. Certainly something I will never, ever forget.
     

    Mack C-85

    R.I.P.
    Jan 22, 2014
    6,522
    Littlestown, PA
    State law is enforceable on Federal Properties under 18 USC 13.

    "Assimilative Crimes Act*(ACA) is a*Federal*statute (18 U.S.C.A. § 13) which provides adoption by Congress of state criminal laws for areas of exclusive or concurrent*federal*jurisdiction if the*crime*is not punishable under*federal*law."

    For example the is no federal traffic code. You write the charge as "18 USC 13 (State Traffic Charge)

    Sent from my SM-J320P using Tapatalk
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,883
    Giving this a bump.

    If you're hiking thru a national forest or park, and can carry, DO IT. Get whatever permit you need and DO IT (with Shia LeBouf emphasis). Learn the laws, learn about the wildlife there, and get some training. Then do it!
    ---
    Just got back from Old Rag mountain. Had a brief, but no less wild encounter with a black bear cub on the fire road while my friend i were jogging back to the car. I was 10 or so yards behind my friend when the bear darted down the hill that overlooks the trail. It came within 10-15 feet of my friend, as it ran across the road.

    As soon as I saw the bear, I shouted "BEAR! (Friend's name) Stop!" He hit the brakes and I told him to come back towards me as we both started making loud noises. There were two hikers behind me that I had stop for a minute. It was intense, as none of us knew if Momma was going to appear next. We continued talking loudly as we scanned the hillside and the area below the road for any other movement. After feeling like that was the extent of it, we kept on our way.

    Freaking wild experience that had my adrenaline spike. Validates why I carry and why you should too.

    I never once reached for my sidearm, but knew it was there if the situation warranted it. Also plenty aware that it may still not be enough for a bear.

    We've hiked plenty in Shenandoah and the GWNF, but this is the first time we've ever encountered a bear. Certainly something I will never, ever forget.

    Happened to us last summer hiking north of Skyland. Camecaround a switchback and there was a sow bear amd a few cubs.

    Backed up the hill making noise. Unfortunately I was way underpowered for a bear should i have needed it.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Happened to us last summer hiking north of Skyland. Camecaround a switchback and there was a sow bear amd a few cubs.



    Backed up the hill making noise. Unfortunately I was way underpowered for a bear should i have needed it.


    We encountered a single cub -- not a family! Wow.

    Now I want a 10mm...
     

    highli99

    Ultimate Member
    Nov 10, 2015
    2,551
    West Side
    We encountered a single cub -- not a family! Wow.

    Now I want a 10mm...

    Crazy story. I have hiked old rag several times and seen bear. Carried for my first time there last fall but didn't have any encounters.

    I carried a Glock 36. What were you carrying? Not 10mm I presume.

    I don't own a 10mm (yet).
     

    Jimbob2.0

    Ultimate Member
    Feb 20, 2008
    16,600
    This is one I wish Trump could change. Open carry in National Parks, Forests etc should be permitted. To deal with 2 and 4 legged critters.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Crazy story. I have hiked old rag several times and seen bear. Carried for my first time there last fall but didn't have any encounters.



    I carried a Glock 36. What were you carrying? Not 10mm I presume.



    I don't own a 10mm (yet).


    G26.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    next time you go hiking, you can borrow one of my 10mm pistols. I have 4 Smiths, 2 Glocks and a new Sig in 10mm

    the bears will be afraid, very afraid.

    :thumbsup:
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,431
    Cuba on the Chesapeake
    19399776_1833470776967988_8265453426215851607_n.jpg
     
    While I don't think anyone should try this, I am not so sure that Code of Md. Regs. (COMAR) § 08.07.01.04 applies, since it specifically uses the language "State forest" and does not mention "federal" or "national" parks/forests in any regard. Interestingly, NPS does not appear to be too sure either way, since it only cites to the Pub Safety and Crim Law sections and does not, as it normally does, state yay or nay - https://home.nps.gov/nace/learn/management/firearms-regulations.htm. Another issue that one might be able to argue if he/she found himself in court is that the word parks is separate from forests, as reflected by the State preemption code Md. Crim. Law 4-209, which permits regulation of firearms by a local government within 100 yards or in a "park."
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    Correct. See post #29 about 18 USD 930 prohibiting within federal facilities. All NPS lands that are not a fed. facility must follow the 2009 Credit card act.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    in an earlier post, someone stated that since MD prohibits carry in State Parks, National Parks are also banned. Can someone explain how a ban in State Parks also bans carry in a National Park? The MD statute doesn't address it. IMO if it's not specifically banned, it's allowed.

    wouldn't an unrestricted W&C permit be legal?

    I'd appreciate other's opinions on this.
     
    Correct. See post #29 about 18 USD 930 prohibiting within federal facilities. All NPS lands that are not a fed. facility must follow the 2009 Credit card act.

    Although I don't recommend anyone be the test case, 18 U.S.C. 930 isn't as encompassing as most believe, given the defense that is provided in (d)(3) - i.e. excluding "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." I successfully litigated identical language in relation to PA's general prohibition on carrying firearms on school grounds, which provided an "other lawful purpose" exemption. Part of the argument was that the law, generally speaking, defines that which is unlawful, not that which is lawful. Thus, as long as the person does not have an unlawful purpose, he/she is entitled to the defense/exemption.
     

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