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
TITLE 14. NATURAL RESOURCES
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.
amendingnewlydesignatedsubsections (a)and (c)filed6-18-96pursuantto
section 100, title 1, California Code of Regulations (Register96,No.
From calccw.org: http://www.calccw.com/Forums/where-can-t-i-carry/1103-can-i-carry-ca-state-park.html
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.
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