Carry regulations in state parks?

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Hey all, does anyone know the official stance for carry in state parks, both open and concealed?

I visited Golden Gate Canyon a few weeks ago, and picked up a map from the visitors station. Later on, I was reading through it, and there's a list of regulations on the brochure. The last one caught my eye; here's what it says:

8. Firearms and other weapons are prohibited in the park except while actively hunting during legal hunting seasons.

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My first thought is that they can't just post the regulation in a pamphlet and have it stick. It's public/state property; if they wanted to ban firearms from the grounds, they would have to post signs and/or metal detectors at all entrances.

Also, I did a google search just to see if they had any information on-line. I couldn't find anything on the state parks site, but I did come across this:

http://csp.state.co.us/downloads/safety_firearmsbrochure.pdf

I'm hoping that this is just outdated information from the CSP. Notice the information in there about concealed carry stating that no one from out of state is allowed, and that visitors should contact the local sheriff for a permit. In there, they also mention that CSP regulation #106(a)(1) bans firearms from state parks unless otherwise allowed (hunting and ranges.)

So anyway, before I went calling people, I figured I would check with people here. I had never heard of the CSP regulations, and wanted to check on this.

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South Dakota state parks try to pull the same misinformation. Open and concealed carry are both legal in South Dakota state parks, open for anyone and concealed with a permit.

However, the brochure they give you at the park entrance states you cannot carry a loaded firearm in the park. The brochure is wrong!!!! You can!

I carry openly and concealed in Custer State Park everytime I go there which is often as I live just a few miles outside of the park. I am waiting for the day that a ranger challenges me for openly carrying which I do whenever I hike in the park.

I don't know about Colorado but I would guess their park system also is either mistaken or just publishes a falsehood knowing full well that it is incorrect information.

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"Otherwise allowed" in #106(a)1, citedabove,includes licensed concealed carry. Quoted from page11 ofthe brochure "Colorado State Parks 2008 Regulations":

#106(a) It shall be unlawful:

1. To possess, carry or discharge explosives, firearms and/or other weapons on parks and outdoor recreation lands or waters in any manner that violates Title 18, CRS, or any other appplicable law. The lawful carry of concealed handguns by persons in possession of a valid concealed handgun permit, together with valid photo identification, is permitted....

See the blue textat http://parks.state.co.us/NR/rdonlyres/2AA461D8-97D6-491E-9FF3-0A548F6E1FE9/0/2008LandWaterRegulations.pdf

So not only does CO state law omit parks from the CC banned-area list, the state park service explicitly acknowledges this fact in their regulations.

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I've carried in state parks and I have always been told it was perfectly legal by rangers (though some "discouraged" it). I have come across some state parks that ban firearms in certain areas (always posted) but never altogether. Usually the firearms ordinances in state parks have to do with hunting or discharging a firearm, not carrying.

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The Colorado brochure you posted the link to is clearly incorrect. They state that Colorado does not honor any other state's concealed carry permit. I know for a fact that Colorado honors permits from a number of other states including my home state of South Dakota. I carry in Colorado regularly.

The brochure has several things incorrectly stated. They try to use federal law which does apply to national parks and apply it to state parks. Whoever put that brochure together is either being misleading on purpose or has no idea of how the law works.

I would hope that if stopped by an LEO he or she is not depending upon a brochure for their source of legal information as it is clearly wrong.

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Thanks for the information, that's what I was thinking and wanted to make sure. Also, thanks for that link Anubis, I wasn't able to find it and seeing that helped.

Hi James,

I have no idea what your post said. I didn't bother to read it. It was too long for me to focus on and was a reply to a topic that has been put to bed for two years.

Perhaps if you were to start a new thread and ask a simple question, you would recieve an appropriate answer.

Hope to hear from you again.

JamesB said:

Perhaps if you were to start a new thread and ask a simple question, you would recieve an appropriate answer.

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Seems to me from the first line of his post that he's giving everyone who may be interested a courteous FYI on his dealings with a Park Superintendent. I'd further assume that he's appending this to an existing thread to keep the information centralized for anyone in the future who may be looking for it.

JamesB said:

I didn't bother to read it.

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Then why are you bothering to reply?

mahkagari said:

Seems to me from the first line of his post that he's giving everyone who may be interested a courteous FYI on his dealings with a Park Superintendent. I'd further assume that he's appending this to an existing thread to keep the information centralized for anyone in the future who may be looking for it.

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+1

jamesthaman is also introducing a fairly recent (Jan 12, 2012) communication from Custer State Park's Superintendent that james seems to claim is in conflict with state law.

As for his claim:

jamesthaman said:

My "Dealings" with the Park Superintendent.

So if I’m reading your reply correctly, there is no open carry in Custer State Park, only for hunters within hunting season. And only concealed carry with a valid permit from an issuing state, for any other time. I only ask because I was researching South Dakota Codified Law and came across this

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=1-26-6.10
“1-26-6.10. Restriction of licensee's right or privilege to carry or possess pistol prohibited. No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a pistol in contravention to authority being exercised in accordance with being licensed to carry a concealed pistol pursuant to chapter 23-7.”

So according to the State Statute, it’s prohibited to place any restriction on the Second Amendment of the United States Constitution. My question is, if me and my family where to visit your beautiful park this summer, and I was “Open Carrying” would I be illegally detained by a park ranger, for exercising my right (Per South Dakota State Law & The Second Amendment) to open carry and bear arms?

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I believe what the Superintendent is saying, James, is clear: You're ok to carry concealed if you have a permit. This seems to jibe with 1-26-6.10, which mentions concealed carry. One cannot arbitrarily expand this to include open carry, as 1-26-6.10 doesn't address open carry.

Nevertheless, there may be other SD statutes which address open carry in state parks. As our system of law is generally formulated to allow unless specifically prohibited, it might be an extensive review to find where OC is prohibited in State Parks, if in fact, it actually is. If an exhaustive search turns up nothing, then it might not be prohibited.