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Park Ranger Says That Open Carry is Legal on the Buffalo National River

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
imported post

A friend and I recently went on a multi-day camping/canoe trip on the Buffalo River National River in Arkansas (an awesome experience, by the way). Before we left, I emailed the National Park Service regarding the carrying of weapons on the river. While they did not respond in time for my trip, I thought that this email might be of interest on this board. Ranger Buschkowsky seems to be pretty cool with open carry and up-to-speed on the gun laws. My original email is at the bottom.

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Lee_Buschkowsky@nps.govto
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***************@gmail.com
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Sat, May 29, 2010 at 5:44 PMsubject
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Fw: From NPS.gov: Firearms/Air Guns on the National Rivermailed-by
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hide details May 29 (4 days ago)

Mr. **********:

You are correct for open carry on a handgun while on a "journey" and and
for a concealed handgun with a valid concealed weapon permit in Buffalo
National River. The open carry in Arkansas pertains to a "weapon" which the
state defines as a handgun, knife, or club. Since we are also a designated
Wildlife Management Area by the State of Arkansas, State regulations are
place that cover the possession of handguns and long guns in the park. With
an open carry handgun while on a "journey", as long as the person
possessing the weapon is keeping it holstered at all times, that person
should not face any possession in a WMA charge such as hunting out of
season. Since long guns are not classified as a weapon under the State open
carry on a "journey" law, they cannot be open-carried in a WMA as they are
guns associated with hunting and the "journey" does not apply to these
guns. You can possess these weapons during an applicable hunting season
with a valid hunting license and in a place not closed for hunting (such as
within 150 yards of a developed area for safety reasons). Any discharge of
a weapon, including a pellet gun or any gun for that matter, in the park is
prohibited under 36 CFR 2.4 except for hunting during a hunting season
using the appropriate caliber allowed while carrying a valid hunting
license and not violating any other 36 CFR or state law. Long guns in
vehicles in WMA's are ok as long as you don't aim it out the window, even
if just looking through a scope, as this constitutes the act of road
hunting.

In a nutshell, open carry handgun ok as long as it stays in the holster;
concealed carry handgun ok as long as person has valid concealed weapon
permit recognized by Arkansas; open carry long gun not permited outside a
hunting season. No displaying and discharge of a firearm in the park except
for legal hunting.

Hope this helps. Call me if you need clarification on anything.

Lee Buschkowsky
Upper District Ranger
Buffalo National River
(870) 446-5145

----- Forwarded by Lee Buschkowsky/BUFF/NPS on 05/29/2010 05:20 PM -----

Joyce
Umbach/BUFF/NPS
To
05/28/2010 01:14 Lee Buschkowsky/BUFF/NPS@NPS
PM cc

Subject
Fw: From NPS.gov: Firearms/Air Guns
on the National River


Joyce Umbach
Park Ranger
Buffalo National River
Tyler Bend Visitor Center
170 Ranger Road
St. Joe, AR 72675
870-439-2502
----- Forwarded by Joyce Umbach/BUFF/NPS on 05/28/2010 01:13 PM -----

***********@
gmail.com
To
05/27/2010 11:49 buff_information@nps.gov
PM cc

Subject
From NPS.gov: Firearms/Air Guns on
the National River


Email submitted from: ***************@gmail.com at /buff/contacts.htm



Greetings,
My friend and I are planning a multi-day canoe/camping trip on the Buffalo
River National River. I am inquiring as to the laws/rules/regulations
regarding the carrying of firearms and/or air guns while on the National
River.


My understanding of the recent change in federal law (per an amendment to
the Credit Card Accountability Act) is that firearms may now be carried in
lands under the control of the National Park Service persuant to state law.


As I understand it, Arkansas law permits the open carriage of long guns for
any legal purpose, but prohibits the carrying of a handgun without a
state-issued concealed handgun license, unless, among other exemptions, one
is upon a "journey." "Journey" has, in state court decisions, had various
definitions, including a trip "which takes one beyond the circle of his
friends and acquaintances," "is beyond the scope of his daily routine," and
"which detains him for an entire day."


Under the definitions listed above, it would seem that a multiple-day
canoe-trip through multiple counties in another state, such as on the
Buffalo National River, would meet the criteria for a "journey."


My questions are as follows:
1) Are handguns permitted along the Buffalo National River, without a
state-issued concealed handgun license, persuant to federal law and the
"journey" provision of Arkansas state law?
2) As federal and state law is silent on the matter, is there any National
Parks Service rule or regulation which prohibits the open or concealed
carry of a pneumatic rifle or pistol (air gun), firing a .177 caliber
projectile? If so, please cite the relevant rule or regulation.


Thank you for your time,
******** **********
 

Arkyhog

Regular Member
Joined
Dec 29, 2008
Messages
75
Location
Fort Smith, Arkansas, USA
imported post

Huh... That's not what they are telling the residents of Arkansas! Check out this story:

http://www.examiner.com/x-33857-Fort-Smith-Gun-Rights-Examiner~y2010m2d18-Gun-ban-at-Buffalo-River-National-Park-in-Arkansas

I contacted the National Park earlier this year to organize an open carry hike on the park trails. Here is a quote in the email:

"If your group would interfere with other visitors enjoyment of the park, then you would need a permit…The other problem I see is that Buffalo National River is a Wildlife Management Area (WMA) with Arkansas Game and Fish.The Game and Fish regulations prohibit the possession of a weapon on a WMA when there is no open season."

Arkansas Carry, a gun rights group in Arkansas dedicated to passing open carry in Arkansas, currently has an Attorney General opinion request filed by legislators to determine if the Arkansas Game and Fish Commission is able to make "handgun carry laws" in the state of Arkansas.

I also wrote this article and posted it on the Arkansas Tourism facebook page... it kinda made some people mad, but they sat up and took notice! Maybe it helped...

http://www.examiner.com/x-33857-Fort-Smith-Gun-Rights-Examiner~y2010m4d18-Message-to-tourists-with-guns-dont-come-to-Arkansas



Thanks for the post; I can do something with this!
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

Packer fan wrote:
"Arkansas has the most archaic, vague and restrictive gun laws in Arkansas, and now you must interpret them."



I just don't think many people know this.

Good article.
Really good article except for that poorly worded sentence. :?

Would have been way ahead to say "Arkansas has archaic, vague and restrictive gun laws that are difficult to interpret."

Yata hey
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

Arkyhog wrote:
Thanks, Grapeshot for the proofreading! Edited.
Critiquing from an armchair is easy.

What you do is work and appreciated.

Yata hey
 
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