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Signs posted against firearms at Barren River Lake

TWeatherford

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May 2, 2010
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9
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Bowling Green, KY
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Hello folks,
Just found this place a few days ago and have enjoyed reading up on some of my fellow Kentuckians and there experiences exercising their 2nd amendment and KY state rights. I am in the process of getting my CCDW, but in the meantime have started carrying my 2" .357 revolver in a Bianchi nylon OWB holster. I have carried mostly in and around Bowling Green KY, including Walmart, Kroger, Gander Mountain and numerous small businesses. No one has said a word about it, few seem to even notice.

Anyway, I was going kayaking on Barren River Lake the other day. We planned to put in at a recreation area next to the dam. As we are driving in, there is a sign saying No Firearms as well as No Alchohol etc. As far as I can tell this rule is a violation of KY law. It is controlled by the Army Corps of Engineers and is a state park of some sort from what I can find out. Am I right, or is there something I'm missing? I do want to go kayaking there in the future so if I am correct I plan to do some legwork and try to get this sign down. If I had my CCDW I wouldn't really worry about it, but I figure OC might make some park rangers mad. I did see one while I was there.
 

langzaiguy

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Mar 15, 2009
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Central KY
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Welcome to the forum! You posed a tough question; we've tossed this question around a bit. I don't know if we ever figured it out one way or another. It would seem to me that you could carry in the park area, but not on dam property or maybe even the waterway.
 

johnfenter

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See 36 CFR 327.13; the USACE has issued a regulation banning firearms (unless hunting) on their recreational lands. State law doesn't enter into it. This is a problem that will need to be resolved the same way we went after the National Park ban; our Congressmen and Senators will need to legislate the ban out of existence. Don't bother with the Petition process; the bureaucracy will bury a petition in red tape, just like the Park Service tried to do...

While you're at it, check out the TVA; they ban firearms using Federal regulations as well...
 

TWeatherford

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Bowling Green, KY
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Ok, so how does the Army Corps of Engineers get to make rules that supercede State and Federal law? And if I choose to carry there anyway, am I in violation of laws or justtrespassing if they ask me to leave?



I think I'lljust choose togokayaking elsewhere... there's plenty other places that allow me to carry without hassle (Mammoth Cave NP for one)and not nearly as many shady looking people there who don't have boats and don't appear to be engaging in a legitimaterecreational activity.
 

langzaiguy

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US Army Corps are the feds. If it truly is federally banned, then its truly against the law--not just a "ask to leave" kinda thing.

Side note: I live on the Elkhorn and kayak that quite a bit. Where else would you recommend? I've been meaning to kayak the Dix and Red River.
 

neuroblades

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, Kentucky, USA
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I might be able to help out on this query, maybe. *LOL* Icompleted my CCDW class about a month ago, while we were in class, my instructor had mentioned something about carrying, not sure if he was refering to OC or CC, around our local SP. I generally see him about once or twice a week, upon talking with him again, I shall inqure about the specifc rules. he had also mentioned contact people there being that he has taught most of them in a CCDW class as well. *LOL*
 

cadconversions

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I registered just for this same question.... I'm a resident of Allen County and love to fish on Barren. Was wondering the same thing... How does this apply to the above?

Same section just a few sections down....
§327.26State and local laws. (a) Except as otherwise provided in this part or by Federal law or regulation, state and local laws and ordinances shall apply on project lands and waters. This includes, but is not limited to, state and local laws and ordinances governing:
(1) Operation and use of motor vehicles, vessels, and aircraft;
(2) Hunting, fishing and trapping;
(3) Use or possession of firearms or other weapons;
(4) Civil disobedience and criminal acts;
(5) Littering, sanitation and pollution; and
(6) Alcohol or other controlled substances.
(b) These state and local laws and ordinances are enforced by those state and local enforcement agencies established and authorized for that purpose.
[65 FR 6903, Feb. 11, 2000]
 

Bill Starks

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Dec 27, 2007
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Nortonville, KY, USA
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The U.S. Corp of Engineers builds and runs many dams throughout the United States. The Corp buys up the land surrounding the area where the lake will be formed. It does lease some of this land back to States to make State Parks or other Recreation Areas on the lakes formed by the Corp Dam.
The Corp has jurisdiction over all the waters backed up by the dam and the land surrounding the dam that they own. Carrying of firearms is only permitted for hunting purposes where hunting is allowed. The firearm carried must be legal for the type of hunting you are doing. The carry of Firearms is not legal on Corp Property.
 

Bill Starks

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Nortonville, KY, USA
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As far as the TVA, I wrote letters to them July 6, 2009 when I came home on vacation.

Hello, I am requesting guidance concerning the possession of firearms and dangerous weapons for personal protection on TVA lands and conduct on TVA property as to persons exempted and possible conflicts within.Hunting seasons are outside the scope of this letter.All references to armed persons shall represent persons not otherwise prohibited from possessing firearms under federal, state or local laws and who are authorized, licensed or permitted to carry firearms for any lawful purpose in the state of Kentucky. The scope of this inquiry is not intended to include areas of facilities considered sterile; whereupon, weapon screening and armed security or police are provided.
Specifically, I request the following questions to be addressed:Is lawful carry of a weapon permitted in TVA recreational areas? What areas are specifically off-limits to weapons carry?
Forty-eight states allow the carrying of concealed firearms for personal protection, thirty-seven of which are "shall-issue" states. Many states do not require licensure to carry firearms for self-defense as long as the firearms are not concealed. Concealed carried or open carried, millions of citizens legally carry firearms for personal defense in the normal course of their daily affairs.It is my intention to share the information on these matters with other individuals and groups to educate people exercising this right to defend themselves and their families. Putting into practice a natural right protected by our Constitution should not place any person in fear of arrest or prosecution.
I trust your opinion will help clarify this matter and provide guidance to prevent well- intentioned persons from becoming entangled in a legal situation that they understood to be constitutionally protected and lawful conduct.


Their answer...
Mr. Starks,

This message is In response to your e-mail received July 6, 2009.

In general, firearms are prohibited on TVA property, whether carried openly or concealed. At the entrance to many TVA properties, signs are posted to give notice that firearms are prohibited at that site.
If I or my staff can be of further assistance, you may contact me at 865-632-4061.

Charles R. Smith
Commander, TVA Police
Eastern District Operations
Knoxville, TN



When I wrote back for more information, I still haven't gotten an answer...
Mr Smith,
By what authority is this ban on weapons and what laws would one be breaking by carrying a weapon into these recreation areas?
 
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