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Thread: Open Carry in State Parks?

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    Open Carry in State Parks?

    Is open Carry allowed in state parks. I go to Uhwarrie Forest alot for offroading in my jeep and I would like to carry at least in my vehicle. I have had trouble finding an answer.

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    Regular Member CDT COX's Avatar
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    What kind of Jeep?

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    Here in Georgia we can carry in state parks because of our new laws that were enacted last year. It obviously varies state to state. Thank God for the different individuals that fought for our gun rights here in Ga.!!!! I have a place in the mountains of NC. The gun laws in NC are so much more intrusive than what I follow in Ga. It takes me a day or two to get into the NC mode when I go up there. My parents live in SC & I am not allowed to carry at all until I get on my parents land because there is no reciprocity agreement between GA, & SC. I am naked in SC. They do let me keep a gun in my glove box, God bless them.
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    Quote Originally Posted by kcGlock19 View Post
    Is open Carry allowed in state parks. I go to Uhwarrie Forest alot for offroading in my jeep and I would like to carry at least in my vehicle. I have had trouble finding an answer.
    Currently no, you cannot carry in state parks. There is legislation in the works right now to legalize this.

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    I perused the NC weapon laws and I could not find where it is illegal. Maybe I just overlooked it.

    http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx


    ...Or maybe there are signs posted in each state park that say "No firearms"? Keep in mind that I know the Georgia laws fairly well, but I only know NC's laws from the above website.
    Last edited by ET.; 03-30-2011 at 02:20 PM.
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    Regular Member sultan62's Avatar
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    In my opinion, I don't think the current rule (not law) against carry would stand up in court.

    Reposted from my post on NCgunowners.com:

    Currently, an administrative code as opposed to a general statute bans carry in state parks.
    http://ncrules.state.nc.us/ncac/titl...b%20.0901.html

    They cite, as their right to make this law, NCGS 14-410, 14-415, and 113-135.

    14-410 and 14-415 deal with the use of pyrotechnics, and are irrelevant here.

    Here is the relevant part of 113-135

    Quote Originally Posted by 113‑35. State timber may be sold by Department; forest nurseries; control over parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules.
    (a) Timber and other products of State forests may be sold, cut, and removed under rules of the Department. The Department may establish and operate forest tree nurseries and forest tree seed orchards. Forest tree seedlings and seed from these nurseries and seed orchards may be sold to landowners of the State for purposes of forestation under rules adopted by the Department. When the Secretary determines that a surplus of seedlings or seed exists, this surplus may be sold, and the sale shall be in conformity with the following priority of sale: first, to agencies of the federal government for planting in the State of North Carolina; second, to commercial nurseries and nurserymen within this State; and third, without distinction, to federal agencies, to other states, and to recognized research organizations for planting either within or outside of this State. The Department shall make reasonable rules governing the use by the public of State forests, State parks, State lakes, game refuges, and public shooting grounds under its charge. These rules shall be posted in conspicuous places on and adjacent to the properties of the State and at the courthouse of the county or counties in which the properties are located. A violation of these rules is punishable as a Class 3 misdemeanor.
    ...
    Link to full statute:
    http://ncleg.net/EnactedLegislation/...GS_113-35.html

    As far as I'm concerned, there is nothing reasonable about banning carry of weapons when the state preempts that ability from local government. While I may not OC there currently, if I ended up in court I think I could win that one, leading to a removal of that rule. This is especially true since some state parks contain shooting ranges and/or are reserved for hunting purposes.
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    Uwharrie is NOT a state park.

    I do believe everyone missed the fact that Uwharrie is a National Park not a state one so carry would be legal.

    Land was first purchased by the Federal government in 1931, and the area was known as the Uwharrie Reservation. The Uwharrie Forest was given federal designation in the early 1960s by President John F. Kennedy, along with the Nantahala, Pisgah, and Croatan National Forests.

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    Quote Originally Posted by moonie View Post
    I do believe everyone missed the fact that Uwharrie is a National Park not a state one so carry would be legal.

    Land was first purchased by the Federal government in 1931, and the area was known as the Uwharrie Reservation. The Uwharrie Forest was given federal designation in the early 1960s by President John F. Kennedy, along with the Nantahala, Pisgah, and Croatan National Forests.
    Uwharrie is a National Forest not a National Park. Most if not all National Forests in NC are also managed as game lands, so NC Wildlife game land regulations also apply. See the link below.

    http://www.ncwildlife.org/NewsArchiv..._Questions.htm

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    Quote Originally Posted by CDT COX View Post
    What kind of Jeep?
    98 Cherokee lifted 5 inches on 33s. 3link syspension in the front. Aussie locker in the rear.
    Quote Originally Posted by moonie View Post
    I do believe everyone missed the fact that Uwharrie is a National Park not a state one so carry would be legal.

    Land was first purchased by the Federal government in 1931, and the area was known as the Uwharrie Reservation. The Uwharrie Forest was given federal designation in the early 1960s by President John F. Kennedy, along with the Nantahala, Pisgah, and Croatan National Forests.
    Quote Originally Posted by Tri-Color View Post
    Uwharrie is a National Forest not a National Park. Most if not all National Forests in NC are also managed as game lands, so NC Wildlife game land regulations also apply. See the link below.

    http://www.ncwildlife.org/NewsArchiv..._Questions.htm
    Thanks guys.

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    Gamelands regs are tricky, and dumb.

    If there is an open season for a game animal other than turkey, you can carry anything you want. If you are in a campsite you can carry what you want. Carrying it in your vehicle gets a bit more odd, yeah I know. During deer season most of the gamewardens frown on carrying loaded rifles. Any time of the year you can carry a .22 pistol with a barrel less than 7.5", OC or CC. That's the official take.

    I've had at least 2 wardens tell me "you should be fine if it's in your backpack while hiking". Not sure I trust that though.

    There used to be an exception for a shotgun with smaller than #4 shot. That seems to have been removed though.

    Directly from NCWRC


    Good Morning,

    Thank you for the email. I have spoken with our Rules Biologist regarding your question. You are not the first to request information or a clear understanding. Please see below the explanation that was given. Please let me know if you need additional assistance.

    Weapons on Game Lands

    It is unlawful to possess a firearm or bow and arrow on a game land at any time except:
    1. During the open hunting seasons or hunting days for game birds (which are waterfowl, doves, woodcock; snipe, rails, gallinules, moorhens, coots, grouse, pheasant, quail and turkey) or game animals (which are deer, bear, rabbits, squirrels, wild boar, bobcats, opossum and raccoon) other than fox;
    2. Unless the device is cased or not immediately available for use;
    3. When possessed and used by persons participating in field trials on field trial areas;
    4. When possessed and used on target shooting areas designated by the landowner;
    5. When possessed in designated camping areas for defense of persons and property

    However, .22 caliber pistols with barrels not greater than seven and one-half inches in length and shooting only short, long, or long rifle ammunition may be carried as side arms on game lands at any time other than by hunters during the special bow and arrow and muzzle‑loading firearms deer hunting seasons and by individuals training dogs during closed season without field trial authorization.

    Furthermore, only shotguns with any size shot and bow and arrow may be possessed during the big game season for turkey.

    Previously, you were limited to a shotgun shell no larger than no. 4 and rifle or pistol no larger than .22 rimfire when the big game seasons were closed. By adopting H29, the Commission is allowing hunters to possess more powerful weapons during small game and migratory bird seasons, in addition to their possession during big game seasons, with the exception of turkey season (no handguns and no rifles).

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    Sounds like if i keep it in my jeep in a way "not immediately available for use" then i should be fine until a open hunting season other then turkey. Or just keep my rem 870 in the jeep.

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    Quote Originally Posted by kcGlock19 View Post
    Sounds like if i keep it in my jeep in a way "not immediately available for use" then i should be fine until a open hunting season other then turkey. Or just keep my rem 870 in the jeep.
    wrong, you cant carry a handgun unless a hand gun is legal to take said game animal.

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    Quote Originally Posted by kcGlock19 View Post
    98 Cherokee lifted 5 inches on 33s. 3link syspension in the front. Aussie locker in the rear.

    .

    Nice, my XJ is on 31's currently but I might move up to 33's this summer

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    Quote Originally Posted by CDT COX View Post
    Nice, my XJ is on 31's currently but I might move up to 33's this summer
    Thats what i ran for about 2years then moved up. I was worried about not regearing but its not bad at all.

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    Quote Originally Posted by Preble View Post
    wrong, you cant carry a handgun unless a hand gun is legal to take said game animal.
    Nope. Read post #10. With the exception turkey seasons, any firearm may be carried during any open season for a game animal. The rule changed a few years back. You can carry a .50 BMG on Gamelands during Dove season if you want to. Almost makes less sense than the old law. It's an attempt to make coyote and hog hunting easier during other seasons.

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    Regular Member sultan62's Avatar
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    While, unfortunately, the main preemption statute does not specifically disallow state agencies from making rules against possession of a weapon, the CHP preemption statute does. How are state parks getting around this? I know of no statute excepting them from this preemption nor granting them authorization to make such a rule.

    Quote Originally Posted by 14‑415.23. Statewide uniformity.

    It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)
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