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Thread: OC Prohibited in CA State Parks

  1. #1
    Newbie cato's Avatar
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    I volunteer at some state parks and heard that all weapons were prohibited. I know that many park volunteers have CCWs and often carry historic weapons in reenactments.

    I spoke with a ranger (viaphone)at Red Rock State Park in Kern County, CAand shared my interest in OC, CC and Ca. firearm laws. I later informed him that I'm a CA leo.

    I explained that open carry (loaded) is not prohibitedin most of Kern County (he agreed)and I asked what would prohibit OC in State Parks. He directed me to the California Code of Regulations (CCR), title 14, Div.3, chap. 1, s 4313.

    I asked if there was an exemption for leo's and CCW holders. He stated that leo's were exempt and that he would not ticket a CCW holder but did not think there was an exemption for CCW.

    He further said that weapons used in a re-enactment were not considered weapons, however, I don't thinkthere isa statutoryexemption for that opinion.

    Unfortunately, I interpret 4313 (b) to not provide an exemption for leos or CCWdue to the "and to be used for hunting"languageof the section. There may be another part of the CCR or California's quagmire of laws that provide an exemption. I'll keep looking.

    He further stated that he had ticketed two hunters underthis violation in the last month andadded that it is a misdemeanor.


    Isthe California Code of Regulations preempted by the State Penal Code or other law which regulates possession, etc... ?





    California Code of Regulations


    url=http://government.westlaw.com/linkedslice/default.asp?li={470A473F-F66A-4136-9F46-0421905EE7C6}&RS=GVT1.0&VR=2.0&SP=CCR-1000]

    TITLE 14. NATURAL RESOURCES[/url]


    DIVISION 3. DEPARTMENT OF PARKS AND RECREATION


    CHAPTER 1. GENERAL


    This database is current through 01/05/07, Register 2007, No. 1.

    s 4313. 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.

    HISTORY
    1.Amendmentfiled1-28-86;effectivethirtiethdaythereafter (Register86,
    No.5).

    2.Changewithoutregulatoryeffectaddingsubsection (a)-(c)designatorsand
    amendingnewlydesignatedsubsections (a)and (c)filed6-18-96pursuantto
    section 100, title 1, California Code of Regulations (Register96,No.
    25).

    UPDATE:
    From calccw.org: http://www.calccw.com/Forums/where-can-t-i-carry/1103-can-i-carry-ca-state-park.html


    Quote:

    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.
    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




  2. #2
    State Pioneer ConditionThree's Avatar
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    cato wrote:

    s 4313. 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.

    Any device capable of injuring or killing or capturing any animal?

    So by this language, "mousetraps" of any configuration are forbidden in State parks. Makes you wonder just how they deal with a rodent infestation on the State Capitol grounds-as that is considered a State Park.

    Fishing tackle, knives, scissors, tazers, stun guns, string, rope, rocks, sticks and ChuckNorris' fists and feetare also forbidden by the loose language.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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  3. #3
    Newbie cato's Avatar
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    The ranger said knifes are prohibited. I asked about pocket knives. He said the law is so broad that technically a pocket knife is prohibited but he looks at things like that from a commonsense point of view.

    If a knife was brandished in a fight a change of PC 417, misdemeanor brandishing of a gun or knife, or PC 245, felony assault with a deadly weapon, would be more appropriate.

  4. #4
    State Pioneer ConditionThree's Avatar
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    Common sense? I think it would be best to err on the side of caution, in this case... as you dont know whose common sense we are talking about.

    I will file this under a "No" for open carry- for guns, knives, or sharp sticks...
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    Interesting story....

    I used to spend quite a bit of time hiking around the Vetana/Los Padres, Big Sur area askid. Quite often with my father, we would hike from Carmel Valley over into Big Sur in a 3 or 4 day trip. The trail ends at Pfiefer State Park. I mean, there is no way to avoid it.

    We were armed, each of us had a rifle. I was about 12 at the time and I had a nice old Remington .22lr and my Dad had a Winchester 30-30.

    Its summer time....not sure if many of you know Pfiefer, but during the summer its packed with people from all over.....hundreds of campsites..etc..etc....

    So there we were, after spending 4 days in the back country, dirty, smelly..etc..etc...trying to get through the park to the highway for our pickup. Before we got to the park we unloaded the rifles and kept the breaches open.

    You should have seen the look on some of the peoples faces...haha. Most are from cities or foreign countries where any thought of a normal person with a gun is frightening.

    One of them must have drove down to the Ranger station and complained....I would have loved to have been there for that....

    Anyways, a few minutes into our walk through the park I notice a Ranger coming towards us in his truck....I was walking in front of my dad, by about 20 yards.....

    The Ranger stops his truck in front of me and exits.....he is kind of spooked by me...you know...the 12 year old with the .22 rifle. He runs to the back of his truck for cover.....haha...

    When my dad saw what was happening he yelled out that I was with him and that our rifles were not loaded....etc..etc..etc..

    The ranger calms down and tells us about how freaked out one of the "guests" was at the sight of us....he asked if he could give us a ride out of the park....after 4 days and 30 miles I was thankful for a ride..





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    bump/reminder

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  8. #8
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    I wonder how the federal government views CCW permits in relation to national parks and post offices.
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  9. #9
    Newbie cato's Avatar
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    They don't recognize state licenses at this time.

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