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Thread: OC'er "Regular Joe" fined for open carry in Lake Meed National Recreation Area

  1. #1
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    See this thread over at Nevada Shooters.
    http://www.nevadashooters.com/showth...=8962#post8962

    Regular Joe received a $275 ticket for open carry in land run by the National Park Service.

    http://edocket.access.gpo.gov/2008/E8-29249.htm
    The regulation 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.
    To me, it seems that this would allow for open carry if it is allowed in the state, if a reasonable person were to interpret it.

    Whether or not the Feds only intended to allow for concealed firearms, shouldn't the actual wording of the regulation have some merit?

  2. #2
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    not the way the boys in VCDL interpet the reg's, open carry is a no no in national parks, the rules specifically say concealed carry. I am no lawyer but that is the concensus of other members in other states, is Nevada different

    the VCDL can be found on the Virginia page

    Sprat

  3. #3
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    In National Forests state law applies. In National Parks is screwed up because this new NRA backed law that took effect only lets you carry concealed if you are allowed to conceal in the state the Nat Park is located....

  4. #4
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    Felid`Maximus wrote:
    See this thread over at Nevada Shooters.
    http://www.nevadashooters.com/showth...=8962#post8962

    Regular Joe received a $275 ticket for open carry in land run by the National Park Service.

    http://edocket.access.gpo.gov/2008/E8-29249.htm
    The regulation 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.
    To me, it seems that this would allow for open carry if it is allowed in the state, if a reasonable person were to interpret it.

    Whether or not the Feds only intended to allow for concealed firearms, shouldn't the actual wording of the regulation have some merit?
    It means exactly what it says, a person may possess, carry, and transport a concealed, loaded, and operable firearm.

    It does not say, a person may possess, carry, and transport an openly carried, loaded, and operable firearm.

  5. #5
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    Okay. What I said in my original post wasn't exactly accurate. ( I posted it right after I heard about it without fully understanding the situation. ) He was fined for having a loaded magazine in a 10/22 in a container in his car, a loaded magazine in a P3AT in a fanny pack in his car, and they actually said that his openly carried handgun was okay because it was unloaded.

    So I would also argue that they actually fined him for loaded concealed guns which anywhere else in the state would have been considered legal. Nevada only regulates firearms concealed upon the person and not elsewhere in a vehicle, but some states would consider a gun in a fanny pack in a car to be transported concealed, right? I wouldn't consider it to be in the open.

    Still, in my opinion, the interpretation could allow for loaded and operable firearms depending on how you read it, and if it does only allow concealed, it doesn't allow for concealed inoperable or concealed unloaded firearms.

  6. #6
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    Since, in Nevada you can possess in the car a concealed handgun, you should be fine with it in the National Park. I got pulled over for speeding in Arches Nat Park in Utah and got into an argument with the guy who pulled me over because of my guns. He ended up letting me go, but it was clear he didn't know the law.

  7. #7
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    For sure carrying concealed in avehicle in Nevada is legal without a permit so no permit is required. The regulation does not speak to any permit.

  8. #8
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    Your analysis of the rule could be wrong. By your reasoning, a concealed, loaded, but inoperable firearm would also be illegal. Either all three conditions must be met to be legal (remember, the only way to have a handgun in a park before this was locked in your trunk... not just unloaded), or they are a set of conditions that may be met.

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