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Question need help on !

R

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
The BLM has a "Prohibited Shooting" on their lands, with the exception of one location.
The "Fire Season" has made this happen the last 2 years or so.
Question is: Can a person LOC or only UOC, on that land at that time ?

I believe UOC is legal, but the LOC, could become a problem with these restrictions.
This is in a unincorporated area also.
Thanks for your replys !

Robin47
 
wewd

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
A general shooting ban on federal lands is currently interpreted as a trigger for PC 12031, so LOC would probably not be legal in those areas. An exception to this would be if one possessed a valid hunting permit while in lawful pursuit of in-season game, such as coyote. Even when there is a general shooting ban, hunting tends to remain legal, though that may not always be the case. UOC would always be legal.

The other school of thought on the matter is that the only shooting bans which may trigger 12031 are county-issued bans, and that state and federal bans do not apply. This is supported by the Attorney General's 1968 memo, as well as the decisions of People v. Knight, People v. Young and People v. Segura. If that were the case, then it would mean that absent any county-issued bans, it would be legal to open carry loaded in Yosemite, even though federal law bans shooting in that park. This is not well established by case law, and it is not recommend that one do this at this time, unless one is prepared to fight a criminal case at their own expense.

If in doubt, carry unloaded.
 
M

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
wewd said:
A general shooting ban on federal lands is currently interpreted as a trigger for PC 12031, so LOC would probably not be legal in those areas. An exception to this would be if one possessed a valid hunting permit while in lawful pursuit of in-season game, such as coyote. Even when there is a general shooting ban, hunting tends to remain legal, though that may not always be the case. UOC would always be legal.

The other school of thought on the matter is that the only shooting bans which may trigger 12031 are county-issued bans, and that state and federal bans do not apply. This is supported by the Attorney General's 1968 memo, as well as the decisions of People v. Knight, People v. Young and People v. Segura. If that were the case, then it would mean that absent any county-issued bans, it would be legal to open carry loaded in Yosemite, even though federal law bans shooting in that park. This is not well established by case law, and it is not recommend that one do this at this time, unless one is prepared to fight a criminal case at their own expense.

If in doubt, carry unloaded.
Click to expand...

Hey WEWD,

I concur with your opinion.

markm
 
R

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
wewd said:
A general shooting ban on federal lands is currently interpreted as a trigger for PC 12031, so LOC would probably not be legal in those areas. An exception to this would be if one possessed a valid hunting permit while in lawful pursuit of in-season game, such as coyote. Even when there is a general shooting ban, hunting tends to remain legal, though that may not always be the case. UOC would always be legal.

The other school of thought on the matter is that the only shooting bans which may trigger 12031 are county-issued bans, and that state and federal bans do not apply. This is supported by the Attorney General's 1968 memo, as well as the decisions of People v. Knight, People v. Young and People v. Segura. If that were the case, then it would mean that absent any county-issued bans, it would be legal to open carry loaded in Yosemite, even though federal law bans shooting in that park. This is not well established by case law, and it is not recommend that one do this at this time, unless one is prepared to fight a criminal case at their own expense.

If in doubt, carry unloaded.
Click to expand...

Yeah thats the way I see it at this time also. Thanks ! Robin47
 
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