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Thread: Open carry in SD county parks?

  1. #1
    Regular Member J.D.Allen's Avatar
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    Open carry in SD county parks?

    I went fishing the other day at Lake Morena, well outside any GFSZ's, and was wondering about UOC there. It's kind of off the beaten path. Anybody know what the law would be in regards to a county park like that???

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    Regular Member Gundude's Avatar
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    I think that they can only regulate discharge of firearms. Carry is preempted by state law.
    Emphasis on think.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Regular Member coolusername2007's Avatar
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    I agree with Gundude. I also think this is correct. Preemption covers local governments, which would include city and county. State parks are the difference, since they are governed by the State.

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    There is a California Penal Code law that allows anglers to carry a gun while fishing and while hiking to and from their angling site. California Penal Code, Section 12025, prohibits carrying concealed firearms in California, but Section 12027 provides the following exemption to this prohibition: "Licensed hunters or fishermen carrying pistols, revolvers or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition." Remember that some areas that allow fishing, such as state and national parks, and some incorporated areas where fishing is allowed prohibit the possession of any firearm. Make sure to check on the local laws where you plan to fish.

  5. #5
    Regular Member mjones's Avatar
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    Quote Originally Posted by Iopencarry View Post
    There is a California Penal Code law that allows anglers to carry a gun while fishing and while hiking to and from their angling site. California Penal Code, Section 12025, prohibits carrying concealed firearms in California, but Section 12027 provides the following exemption to this prohibition: "Licensed hunters or fishermen carrying pistols, revolvers or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition." Remember that some areas that allow fishing, such as state and national parks, and some incorporated areas where fishing is allowed prohibit the possession of any firearm. Make sure to check on the local laws where you plan to fish.
    Don't forget that the mentioned provision is ONLY for concealment and does NOT address whether or not the firearm can be loaded.

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