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Thread: open carry question?

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    open carry question?

    Could someone clear this up? i know someone(i) cannot carry on state/public parks.??? Why wouldn't i be able to open carry if i'm hiking in areas that are questionable that may or may not have a dangerous animal? One would think that is one of the places you would want protection. For iowa
    Last edited by bluegil; 07-29-2011 at 08:56 PM.

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    I've wondered the same thing. First of all, there be black bears in dem hills and second, there be drunkards and druggies in dem woods. LEMME CARRY!

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    Regular Member Badger Johnson's Avatar
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    I won't say there are very few regulations here that have an easy answer to 'why' (or why not), but there are some. Many advocate getting a permit and then CC-ing rather than go defenseless. Some say get bear spray. You have to decide for yourself.
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    Moderator / Administrator Grapeshot's Avatar
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    To the OP -
    Why or why not is hardly relevant to whether you can legally carry in a certain location and since neither your profile nor post indicates in which state you are located, you are not going to get any meaningful responses.
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    Quote Originally Posted by Grapeshot View Post
    To the OP -
    Why or why not is hardly relevant to whether you can legally carry in a certain location and since neither your profile nor post indicates in which state you are located, you are not going to get any meaningful responses.
    Sorry, it's Iowa

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    Quote Originally Posted by bluegil View Post
    Could someone clear this up?
    I'll try.

    Quote Originally Posted by bluegil View Post
    i know someone(i) cannot carry on state/public parks.???
    I'm not so sure on this. I'll have to do some reading but I'm pretty sure that state preemption prevents regulations on carrying firearms in municipal and county parks and that there is no state prohibitions on carrying a firearm on public property if you have a permit.

    Quote Originally Posted by bluegil View Post
    Why wouldn't i be able to open carry if i'm hiking in areas that are questionable that may or may not have a dangerous animal? One would think that is one of the places you would want protection. For iowa
    Assuming it is illegal then, while I cannot condone an illegal act, sometimes a person has to do what a person has to do. Depending on the park it may be lawful to hunt. Coyotes are open season throughout the year and there is no restriction on the method of taking them. Get yourself a hunting license and carry whatever firearm suits you. Iowa is now shall issue on permits to carry, go get one.

    If you must ask "why" then I can't really help you there. If all you really wanted was to express yourself on the nonsense of it all then all I can say is I share your pain.

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    Regular Member hermannr's Avatar
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    Hej Bluegil!

    I don't know if you have a permit, or not, but I woud seriously suggest you consider getting one. There are two good reasons to obtain a permit.

    The first is political. The more permits issued, the more political clout gun owners have.

    The second is: There is no guessing where, or where not, you can carry. It is all spelled out in the law.

    As to OC, just because you have a concealed permit does not mean you must conceal, it only means you may conceal.

    Anyway, why do you assume you cannot carry (OC or CC) in a park? Time to start reading you state law carefully>
    Last edited by hermannr; 08-01-2011 at 07:36 PM.

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    Regular Member XDSTEEL's Avatar
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    another question

    Trying not to deviate from the OP but what is the law on carrying on a Motorcycle OC or CC?
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

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    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by XDSTEEL View Post
    Trying not to deviate from the OP but what is the law on carrying on a Motorcycle OC or CC?
    With the permit, you can carry open or concealed, whichever you prefer!

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    Quote Originally Posted by hermannr View Post
    Hej Bluegil!

    I don't know if you have a permit, or not, but I woud seriously suggest you consider getting one. There are two good reasons to obtain a permit.

    The first is political. The more permits issued, the more political clout gun owners have.

    The second is: There is no guessing where, or where not, you can carry. It is all spelled out in the law.

    As to OC, just because you have a concealed permit does not mean you must conceal, it only means you may conceal.

    Anyway, why do you assume you cannot carry (OC or CC) in a park? Time to start reading you state law carefully>
    Iowa code 461a.42 and iowa code 481a.7 from DNR director letter.It covers this. A person may carry on state parks, preserves, and refuges with a valid permit(i have CC permit) may carry, but cannot use that firearm. I got this link through handgunlaws.us. So basically, I can carry, but not shoot?

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    Quote Originally Posted by bluegil View Post
    ... So basically, I can carry, but not shoot?
    Iowa Code preempts any regulation restricting the keeping and bearing of a firearm. Discharge of a firearm, and the carry of weapons other than a firearm, do not have this protection. If a park, municipality, etc. prohibits the discharge of a firearm then doing so can be prosecuted under reckless use of a firearm law.

    Most of what regulates the carry of firearms in Iowa is under Iowa Code Chapter 724. I believe the link below will get you there.

    http://search.legis.state.ia.us/nxt/...fn=default.htm

    The website is so heavy with scripting that I can't figure out how to provide a direct link but if you search there under Chapter 724 you can find much to clarify things. If it still confuses you then I can try to translate the legalese. I'm no expert but I can try. One thing that still confuses me is where people may carry. There is state law that regulates this and there are federal laws too. Most of the prohibitions on carry have an exception for those with a permit to carry.

    There's a FAQ that the Iowa DPS put out on the new Iowa carry laws that was floating around. I tried to find it quick with a Google search but I didn't find it. Maybe you will have more luck or someone else that knows what I'm talking about can help. It's a bit past my bed time so I don't want to spend the time right now seeking it out.

    Oh, I should add the standard disclaimers:
    - I am not a lawyer and certainly not YOUR lawyer.
    - You're milage may vary.
    - Use at your own risk.
    - Keep your hands, feet, and head inside the vehicle while in motion.
    - This is to the best of my recollection.
    - Trust but verify.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by bluegil View Post
    Iowa code 461a.42 and iowa code 481a.7 from DNR director letter.It covers this. A person may carry on state parks, preserves, and refuges with a valid permit(i have CC permit) may carry, but cannot use that firearm. I got this link through handgunlaws.us. So basically, I can carry, but not shoot?
    In most states there are restrictions on the indiscriminate discharge (not necessarily carry) of any weapon in a "public park". It varies with the state, and then again with that state may be different between parks, but most often Parks are closed to public hunting of game animals, correct? It would be my guess that any "park" that does not allow hunting, does not allow for the indiscriminate discharge of a firearm. This is more of a fish and wildlife thing than a SD carry thing, as well as public safelty.

    OK, so why carry in a park if you cannot fire your weapon if needed. The answer of course is, for SD. In a SD situation, where it would be legal to shoot someone "to protect yourself, or others, from grave bodily harm" (standard type wording), you just go ahead and shoot, if you are charged a jury will not convict you of discharging your firearm. Just be very careful that you have strong grounds to fire, before you pull the trigger.

    There was a case a few years ago where a gunman (now in prison) opened up with an M4 in the Tacoma Mall (also a "no discharge" area, for the same reasoning as for parks) A CPL holder shouted at the guy to quit firing and drop,,,what that CPL holder got for his efforts was he got shot up pretty badly, but that cpl holder did not get charged because he had discharged his pistol. If you encounter a simular situation, where someone is already firing at civilians, just shoot them...do not let them know where the bullets are comming from until they are down. Might save you partial paralysis and millions in doctor bills.

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    Quote Originally Posted by IA_farmboy View Post
    There's a FAQ that the Iowa DPS put out on the new Iowa carry laws that was floating around. I tried to find it quick with a Google search but I didn't find it. Maybe you will have more luck or someone else that knows what I'm talking about can help. It's a bit past my bed time so I don't want to spend the time right now seeking it out.
    Here you go, the DPS FAQ, Administrative Rules, all of Iowa Code 724, and the DNR FAQ: http://www.iowacarry.org/iclaw.php

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    Quote Originally Posted by amaixner View Post
    Here you go, the DPS FAQ, Administrative Rules, all of Iowa Code 724, and the DNR FAQ: http://www.iowacarry.org/iclaw.php
    Thank you, that is precisely what I was thinking about.

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