Texan to visit Wyoming needs help.

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I am taking a vacation in June and I'm bringing my "Sidearm". My wife too!
2 Questions:
1. Can you OC in the Yellowstone Park? I have a CCW from Texas and I can do it that way too.
2. If I CCW and want to go to a restaurant that serves alcohol as well as food, do I leave the firearm in the car? I know you don't go to a bar carrying. Is having a wine with your meal Vorboten?

Would love to carry there, just want to do it right. Any links would be helpful.

GaryAdrian

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GaryAdrian wrote:

I am taking a vacation in June and I'm bringing my "Sidearm". My wife too!
2 Questions:
1. Can you OC in the Yellowstone Park? I have a CCW from Texas and I can do it that way too.
2. If I CCW and want to go to a restaurant that serves alcohol as well as food, do I leave the firearm in the car? I know you don't go to a bar carrying. Is having a wine with your meal Vorboten?

Would love to carry there, just want to do it right. Any links would be helpful.

GaryAdrian

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It is always best to research the laws personally; however, generally:

1) New NPS rules effective 2/22/10 - carry legal in accordance with the laws of the state in which the park is located.
http://www.nps.gov/yell/planyourvisit/rules.htm

2) Montana recognizes Texas CHL
http://www.txdps.state.tx.us/administration/crime_records/chl/reciprocity.htm

3) I don't know the present status of potential changes effecting this - on going now.
Someone else will need to update you.

Yata hey

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No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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Your reading is in error - the link provided states:

Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas

Carry Allowed in these Areas:

State Parks: YES CRS 18-12-214.

State/National Forests: YES CRS 18-12-214.

WMA’s: YES CRS 18-12-214.

Road Side Rest Areas: YES

[line]
FIREARMS IN PARKS
As ofFebruary 22, 2010, a new federal law allows people who can legally possess firearms under applicable federal, state, and local laws, to legally possess firearms in this park.

The Credit Card Accountability Responsibility and Disclosure Act of 2009, was enacted May 22, 2009 and will become effective February 22, 2010. Section 512 of this law; Protecting Americans from Violent Crimes, supersedes the uniform treatment of firearm possession in the national park system outside Alaska under the regulations found at 36 C.F.R. 2.4.

It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. Yellowstone encompasses parts of Wyoming, Montana, and Idaho. Each state has different regulations and these are listed below.

Federal law also prohibits firearms in certain facilities in this park (such as visitor centers, government offices, etc.); those places are marked with signs at all public entrances. Hunting and discharge of firearms remain prohibited in Yellowstone National Park.

Firearmsshould not be considered a wildlife protection strategy. Bear spray and other safety precautions are the proven methods for preventing bear and other wildlife interactions.

http://www.nps.gov/yell/planyourvisit/rules.htm

Yata hey

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GaryAdrian wrote:

2. If I CCW and want to go to a restaurant that serves alcohol as well as food, do I leave the firearm in the car? I know you don't go to a bar carrying. Is having a wine with your meal Vorboten?

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You may not conceal in the portion of an establishment that is primarily devoted to the sale of alcohol for consumption on premises. Consider an Applebees. You may not conceal in the bar area. You may conceal everywhere else in the restaurant.

There are no laws prohibiting drinking while carrying. WY CHP holders can lose their permit if they are convicted of an alcohol related offense, e.g., DUI, while carrying.

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Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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Grapeshot is correct. Open Carry is definitely allowed in Yellowstone.

http://www.nps.gov/yell/parkmgmt/lawsandpolicies.htm:

WYOMING:
Open Carry Allowed
Handgun = Yes
Rifle = Yes
In Vehicle = Yes
Age Requirement = None

ConcealedCarry Allowed -Permit Required
Person = Yes
Vehicle = Yes
State Reciprocity = 23 states
Age Requirement = 21 years of age

MONTANA:
Open Carry Allowed
Handgun= Yes
Rifle = Yes
In Vehicle = Yes
Age Requirement = 14

Concealed Carry Allowed - Permit Required
Person = Yes
Vehicle = Yes
State Reciprocity = 40 States
Age Requirement = 18

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Thanks Guys.
I had a nice phone chat with the Asst Atty. General last Friday on Montana Laws.
It's the same as Wyoming. No carry in a eatery that serves alcohol.

Thanks for the advice.

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GaryAdrian wrote:

It's the same as Wyoming. No carry in a eatery that serves alcohol.

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Montana laws are different from Wyoming.

As you pointed out, in MT it is illegal to carry concealed anywhere in a restaurant that serves alcohol. Doing so is not illegal in WY. It is only illegal to carry concealed in the bar portion of a restaurant.

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[sub][sup]I just got an Email from Mark Spungin, President [/sup][/sub][sub][sup]Wyoming State Shooting Association.
He says, :[/sup][/sub]
"Gary, Primarily devoted means responsible for more than 50% of sales. If you are CCW, not drinking and are seated in the restaurant section of the establishment you are ok. Actually, there are no restrictions on open carry in bars even if you choose to have a drink. Every state seems to interpret this a little differently. In Nebraska you are not supposed to enter (while CCW) a convenience store that just sells beer for off-purpose consumption. Enjoy your trip to Wyoming. Yours in Liberty, Mark"

[align=center] [/align]

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GaryAdrian wrote:

[sub][sup]I just got an Email from Mark Spungin, President [/sup][/sub][sub][sup]Wyoming State Shooting Association.
He says, :[/sup][/sub]
"Gary, Primarily devoted means responsible for more than 50% of sales. If you are CCW, not drinking and are seated in the restaurant section of the establishment you are ok.

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Okay, I stand corrected... sort of... I guess... or not? I know Mark and will ask him about this, he should know as he helped craft the original legislation. I'm also curious to hear what my CC instructor has to say, because he contributed to my misunderstanding. Ultimately I guess what matters is what our AG has to say.

Still, after re-reading the relevant section of the WY State Code, I have come to the conclusion that this is confusing as all get out.

Does this mean that you are not allowed to carry in any restaurant that has a bar? This is how the code reads: "Any portion of an establishment licensed to dispense alcoholic liquor and malt beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;"

Or are you not allowed to carry in a restaurant that derives 50%+ of it's sales from alcohol? First I've heard of this in WY... this is how Texas works. And nothing along these lines is mentioned in the statue. Furthermore, this is exactly why in Texas they have to put up those red 51% signs. Otherwise, how are you supposed to know how much alcohol a place sells.

Then again, Mark's statement regarding sitting in the restaurant section being ok leads me to believe that he also interprets the law similar to how I have.

This is still different then MT where you can't carry if the restaurant serves any alcohol. Sucks, but at least it's clear what the rules are.

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As always, if one is going to state anything as law on this forum, even from the AG, it should include the Statute.

In this case there is no statute on OC.

It's obvious if one decides to go into a bar to get tanked it will bring objections, but there is no law on open-carrying in bar, Period.

Wyoming Gun Laws
http://wyominggunowners.org/wyoming-gun-laws/

WyGO - Wyoming Gun Owners
Wyoming's Only No-Compromise Gun Rights Organization
http://wyominggunowners.org/

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AB wrote:

As always, if one is going to state anything as law on this forum, even from the AG, it should include the Statute.

In this case there is no statute on OC.

It's obvious if one decides to go into a bar to get tanked it will bring objections, but there is no law on open-carrying in bar, Period.

Wyoming Gun Laws
http://wyominggunowners.org/wyoming-gun-laws/

WyGO - Wyoming Gun Owners
Wyoming's Only No-Compromise Gun Rights Organization
http://wyominggunowners.org/

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OT a bit, but worth noting - similar in Va.

No statute making OC illegal; therefore it is legal - and you can drink while OCing - not considered good form, but you may do so.

This will be UNCHANGED by a new law that will go into effect 7/1/10 and will permit CC in places that serve alcohol, but you cannot legally drink.

So OC = alcohol OK; CC = alcohol illegal :uhoh: unless you are one of the elite LEOs or Commonwealth Attorneys then you have multiple choice and can indulge.

Hope this makes more sense to somebody else than it does me.

Yata hey

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Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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I guess then by your statement the Park Rangerof the Ozark National Scenic Riverways in MO was in error when he stated in an email that effective Feb 22, 2010 open carry would be legal in that National Park but since it is unusual expect that someone would complain about it and expect a visit from a Ranger just as a precaution.

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Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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I guess I was lucky not to be arrested 2 weeks ago at the Grand Canyon and Zion NP.

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Orphan wrote:

Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

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I guess I was lucky not to be arrested 2 weeks ago at the Grand Canyon and Zion NP.

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Correct, you were lucky the Park Rangers did not know the law, or nobody reported a "man with a gun" and a ranger who knows the laws responded.

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9026543 wrote:

Mjolnir wrote:

No open carry in Yellowstone or any NP.

Check out http://www.handgunlaw.us/

Click to expand...

I guess then by your statement the Park Rangerof the Ozark National Scenic Riverways in MO was in error when he stated in an email that effective Feb 22, 2010 open carry would be legal in that National Park but since it is unusual expect that someone would complain about it and expect a visit from a Ranger just as a precaution.

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Again correct, the Park Ranger was not aware of what is legal and what is not legal. Look into the law and how it is written yourself and see what you read & do not take the word of a LEO as always 100% correct.

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Mjolnir wrote:

Again correct, the Park Ranger was not aware of what is legal and what is not legal. Look into the law and how it is written yourself and see what you read & do not take the word of a LEO as always 100% correct.

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The OLD rule put in place by GW that was struck down required a permit and to conceal. The current LAW simply defers to the laws of the state.


http://thomas.loc.gov/cgi-bin/query/D?c111:6:./temp/~c111NZGkMO:e87019:


SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.

• (b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--

• • (1) the individual is not otherwise prohibited by law from possessing the firearm; and

• • (2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.

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Thanks Kingfish, it helpswhen you have done your research before before you type.

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I just wanted to thank everybody here for their help and let you know I have just became a member of the Wyoming State Shooting Association.
I also got a membership for Montana as well.
I am going to enjoy my beautiful vacation in Wyoming and Montana.

Yellowstone here we come.

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GaryAdrian wrote:

I just wanted to thank everybody here for their help and let you know I have just became a member of the Wyoming State Shooting Association.
I also got a membership for Montana as well.
I am going to enjoy my beautiful vacation in Wyoming and Montana.

Yellowstone here we come.

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Enjoy and pictures please.

Yata hey