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Fine print of National Parks law require CC?

independence

Regular Member
Joined
Jul 10, 2013
Messages
339
Location
Tennessee
CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?
 

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?

Unless there is a law banning something, it is legal to do said action. Therefore even though that law mentions concealed, can you show me a law that specifically states OCing in a national park is illegal? That is one of the things to remember, laws don't give us permission to do things with everything else being illegal, they are to state that which we can't do and anything not listed is automatically legal.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
IIRC the original credit card reform bill that had the national parks carry amendment attached did NOT specify concealment at all, merely carry of a loaded and operational firearm; yet the law as written does. Seems that someone exceeded the mandate given them to RESTRICT that which was legal.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
CFR Title 36, 2.4 is said to relegate handgun carry in National Parks to the state in which the National Park is located. I have a question on that. If you read the code it says...

( h ) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.


It says concealed. I know that this code is interpreted to mean that state law is followed, but why does it say concealed? Does this limit those in open carry states to only conceal in a National Park? If not, why not?

It says "may", not that a person so acting is "required" to conceal. The law addresses concealed carry, but not open carry at all. The absence of such reference results in OC being legal where allowed by the respective state.

You can wear a hat while driving too......because doing so is not specifically disallowed :)
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Because "concealed" is the mode usually prohibited by law - unless you have a state permission slip. It's that way even in Texas, where they also prohibit intentional OC.

States where OC is the default legal mode do not have a law for which there can be carry "in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law." No law, no ability to be "in accordance with".

Sometimes I do believe it is rocket surgery.

stay safe.
 
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