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National Forest Carry

Discussion in 'Legal & Political Archive' started by duginsky, Feb 7, 2010.

  1. duginsky

    duginsky Tualatin Active Member

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    I have searched this forum as well as open carry forums on this topic. I have looked at the websites for each of the following National Forests: Willamette, Mt. Hood, and Deschutes. I cannot find language specific to the topic of open carry in any of these geographic areas. My specific questions is whether open carry is allowed in any of these areas. I realize that National Forest rules/regulations are not generalized. Can anyone speak to this or point me in the right direction for any answers? I plan to backpack in any of these areas this summer; I have a CHL. Thanks for any thoughts/insights.
     
  2. RVTECH

    RVTECH LaPine Well-Known Member

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    I cannot specifically answer your question but i have open carried in the NF for 33+ years with NO problems - other than the occasional feared glances from the granola cruncher hippy types and the "modern" upscale "outdoorsmen" I have encountered.
     
  3. Natty Bumpo

    Natty Bumpo Clackamas County Bronze Supporter Bronze Supporter

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    There are no special prohibitions on carry on National Forest lands. There are some general shooting restrictions (not in developed campsites, picnic areas, across roads, etc) that are mostly common sense. Concealed carry is governed by State law.

    You will see open carry on the NF all the time, particularly by people riding horses.

    The Park Service did have some restrictions on firearms possession that have been recently lifted, I believe. The Park Service (in contrast to the Forest Service) has lots of rules about what you can and can't do.
     
  4. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    Yeah there was a bill that came through congress last year but wasn't passed I believe.

    So anywhere in the US you are allowed to open carry in national forest
     
  5. Gunwheeler

    Gunwheeler Somewhere in De Nile Active Member

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    You may (in Washington) carry concealed without a permit in the National Forest. The Rcw's cover it. Open carry is not a problem. The only thing you have to watch is if you do not have a concealed permit the weapon must be unloaded in your vehicle. Magazines must also be unloaded. Quads and motorcycles are considered vehicles.
     
    Last edited: Feb 7, 2010
  6. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    What about concealed (assuming you've got a permit)?
     
  7. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    Surprisingly Obama passed this law for right to carry in national forests I believe in May 2009 following to Bush law he tried to pass. Or I guess this was an amendment that was originally passed by Reagan.
    There was a scuffle with this law in the supreme court filed by the brady campaign and a few others.

    Of course you still are subject to the ignorant LEOs you may run into while traveling.
    And if you don't have a CHL then make sure you unload and put the gun in a case when you leave.
     
  8. duginsky

    duginsky Tualatin Active Member

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    Thanks, all. I think the legislation from Barry O pertains to National Parks rather than National Forests, though could be wrong...
     
  9. wichaka

    wichaka Wa State Well-Known Member

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    National Forests have no restrictions, they follow state law.
     
  10. raftman

    raftman Oregon Bronze Supporter Bronze Supporter

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    That was my understanding as well.
     
  11. cwegga

    cwegga Helena, MT Active Member

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    Would you mind citing the specific RCW? I have studied gun relevant RCWs for personal knowledge and I don't remember any that allowed that.
     
  12. Natty Bumpo

    Natty Bumpo Clackamas County Bronze Supporter Bronze Supporter

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    Don't confuse National Forests with National Parks. Some of you are. Don't confuse National Forests with State (OR/WA) Forests. Don't confuse National Forest Wilderness with National Park Wilderness. Don't call unpopulated lands "wilderness" or "wilderness areas". Wilderness has a specific, legal definition. (i.e. the Wilderness Act of 1964). And then there is the BLM and its lands. And so on.

    In this society, unless something is prohibited, it is considered as allowed until prohibited by law. This is America.

    There are no prohibitions on open carry in NF while on foot for those who are otherwise not legally prohibited from owning or possessing a firearm. If you are travelling in your car or in a vehicle on a road, State law prevails, in terms of CC. If you are on foot, State law prevails in terms of CC.

    As I said earlier, the primary laws governing the use and possession of firearms on NF lands are State laws. The specific prohibitions on shooting, target shooting, etc. (not carrying....not possessing) are found in the Code of Federal Regulations, (CFR), Title 36, Section 261. So if you want to spend your evening looking for something in federal law that prohibits you from possessing or carrying opn NF lands, waste your evening cruising Chapter 261, because that is where it would be.

    Individual National Forests may have specific prohibitions against shooting in certain areas. These prohibitions are generally listed on websites, but are always posted in the front offices at individual NF's. These can and do vary among individual NF's.

    So don't worry about open carry. If you have a State CHL, don't worry about CC. Worry instead about where you can shoot or hunt and where you cannot. And, understand State law.