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Thread: Fine print of National Parks law require CC?

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    Regular Member independence's Avatar
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    Question Fine print of National Parks law require CC?

    CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

    ( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


    It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?

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    Quote Originally Posted by independence View Post
    CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

    ( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


    It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?
    Unless there is a law banning something, it is legal to do said action. Therefore even though that law mentions concealed, can you show me a law that specifically states OCing in a national park is illegal? That is one of the things to remember, laws don't give us permission to do things with everything else being illegal, they are to state that which we can't do and anything not listed is automatically legal.

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    IIRC the original credit card reform bill that had the national parks carry amendment attached did NOT specify concealment at all, merely carry of a loaded and operational firearm; yet the law as written does. Seems that someone exceeded the mandate given them to RESTRICT that which was legal.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by independence View Post
    CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

    ( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


    It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?
    It says "may", not that a person so acting is "required" to conceal. The law addresses concealed carry, but not open carry at all. The absence of such reference results in OC being legal where allowed by the respective state.

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    Because "concealed" is the mode usually prohibited by law - unless you have a state permission slip. It's that way even in Texas, where they also prohibit intentional OC.

    States where OC is the default legal mode do not have a law for which there can be carry "in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law." No law, no ability to be "in accordance with".

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