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Open Carry in a State Park or Wildlife Refuge

talkinggoat

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Jan 19, 2014
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I have been doing some research into a couple people I've heard, getting ticketed for carrying a loaded rifle, while driving their ATV's. Although I wasn't looking for that particular information, it got me thinking that if they can ticket someone for carrying a loaded rifle, what is to stop a game warden from ticketing or arresting someone for open carrying a holstered pistol while, say, crabbing or fishing?

The national parks system has H.R.627, in place, that says
The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System
as long as:

(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
Although the above is federal, State law says:

RS 56 §1691. Possession of firearms
A person who lawfully possesses a firearm may possess or transport such firearm within the boundaries of a state park, state historic site, state preservation area, wildlife management area, or wildlife refuge.
However, the hunting pamphlet, on page 64, says this, and more:
Firearms having live ammunition in the chamber, magazine, cylinder or clip when attached to firearms or crossbows cocked and in the ready position are not allowed in or on vehicles, boats under power, motorcycles, ATVs/UTVs, ATCs or in camping areas on WMAs.
Isn't that in contradiction with the wording of the state law?
 

Wolfgang1952

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May 31, 2010
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169
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Mt Hermon / Franklinton,La ,
The La Dept of Wildlife and Fisheries kind of do what they want to do. They make up there own laws as they go. State says one thing and the game wardens say something else. All I can say is have a good lawyer or judge in your back pocket.


Wolf
 

talkinggoat

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The La Dept of Wildlife and Fisheries kind of do what they want to do. They make up there own laws as they go. State says one thing and the game wardens say something else. All I can say is have a good lawyer or judge in your back pocket.


Wolf
That's kind of what I figured, unless there is some stipulation that gives them authority to supersede the RS' or add to them, as they see fit. Either way, they are a commission of 7, not elected by the people.
 

Wolfgang1952

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Mt Hermon / Franklinton,La ,
That's kind of what I figured, unless there is some stipulation that gives them authority to supersede the RS' or add to them, as they see fit. Either way, they are a commission of 7, not elected by the people.

That the problem there a commission, not elected. They do just about what they want. Make up rules as they go, and change them to.

Wolf
 

DeSchaine

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Nov 5, 2013
Messages
537
Location
Kalamazoo, MI
What do the state laws say about carrying in vehicles? Here in MI, you can't carry a loaded firearm in any motorized vehicle (ATV's and boats with motors count as such under our law) unless you have a Concealed License. Does Louisiana have something similar on the books?
 

Wolfgang1952

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May 31, 2010
Messages
169
Location
Mt Hermon / Franklinton,La ,
In La. you auto is an extension of your home. You can carry a loaded gun in your car and put it anywhere you want to. In your home you can hide it under your pillow, you can hide it anyplace you want to in your car. You do not have to inform Po Po you have it either.

Wolf
 

HeroHog

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Aug 26, 2008
Messages
628
Location
Shreveport, LA
In La. you auto is an extension of your home. You can carry a loaded gun in your car and put it anywhere you want to. In your home you can hide it under your pillow, you can hide it anyplace you want to in your car. You do not have to inform Po Po you have it either.

Wolf
Except concealed on your person UNLESS you have a CHP then you MUST inform if stopped by a law officer.
 

DeSchaine

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Nov 5, 2013
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537
Location
Kalamazoo, MI
Looks like they're trying to split a legal hair then. Assuming that LA has a pre-emption clause or section about firearms and local units of government (cities, parishes, etc), they will argue that they CAN make those rules since they are a state level department.
 

talkinggoat

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Jan 19, 2014
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Parks
Except concealed on your person UNLESS you have a CHP then you MUST inform if stopped by a law officer.
I think you are saying, "You have a CHP and you are carrying, on your person, at the time of the encounter." Even if you have a CHP, it is my understanding that if you are not carrying "in accordance" (quoting the statute RS 40:1379.3.I(2)) with the statute, the CHP statute does not apply. Basically, what it is saying is, if your gun is not on your body, in a bag or something like that, 1379.3 does not apply, because you're not conceal carrying.

The laws themselves, are quite contradictory and vague, however.
RS 56:109.C No person shall knowingly take, attempt to take, disturb, or destroy any wild bird or wild quadruped or the nest, egg, or young thereof on lands set apart as wildlife management areas and wildlife refuges, or have in his possession or keep, while on the lands, any trap, snare, or other device capable of being used in the taking or disturbance of the birds or quadrupeds on such areas, unless the person previously has been expressly authorized by a permit from the department to do so and only for the purpose and under the conditions specified in the permit.
"device capable of being used in the taking or disturbance" That could be anything from a camera to a whistle to a firearm, as such devices are not clearly spelled out and could allow the GW to interpret the law, as he/she sees fit. "Oh, the reflection from your wristwatch disturbed the nesting snipe. Here is a $700 fine, we're taking your car, your children and you are guilty until proven innocent." No state agency should have that power. You could probably argue that the first part of the statute says, "No person shall knowingly take..." which means the GW should have PC to make an arrest, ie: you shot at a quadruped with your pistol, that you claim was for bipeds. ... THAT would be an actual crime, but if the GW's are lining up, foaming at the mouth to write people $400 tickets, as citizens come back from hunting, because they forgot to unload their rifles when they got on their 4-wheeler, I can imagine what they would do if they caught you crabbing or fishing, while open carrying. I'm not defending the people loading up with heavy rifles on their ATV's, but it is a victimless crime, just like open carrying in a gun free zone. We all know criminals strictly obey all laws, including gun free zones, but that's a whole other topic.

I might just send them an email, and ask for clarification.
 

Robin47

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Jul 28, 2008
Messages
545
Location
Susanville, California, USA
That the problem there a commission, not elected. They do just about what they want. Make up rules as they go, and change them to.

Wolf
They only do what they want as long as we let them.
Take the F&G guys when they want to challange you on your right to carry.
Ask them if they took an oath of office, if they said yes then they are commiting a felony
at that time if they want to take your gun, or try to prevent you from exerizing your rights.

How ? buy taking public monies under false pretenses, and that would be a felony.
Also breaking their oath which is the same thing.
And you can do a Citizens Arrest on them, under federal law
"Deprevation of cival rights,under color of law".


Now if they didn't take an oath of office, they are no more a Leo they we are.
We really do need to bring these law breakers to justice !

Robin47 :)
 
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