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National Forest Carry

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5.6K views 10 replies 9 participants last post by  Deadhead1971  
#1 ·
Is concealed carry legal in national forests? There is a place in old fort that is in the edge of the Pisgah National Forest called Catawaba Falls and there is a sign put up by the county that says no firearms. Also at the start of the trail in the information signs that are fairly new and put up by the forest service, it says no firearms. Is this correct under the law??
 
#2 ·
Laws Regarding Firearms on National Forest Lands

First, the primary laws governing possession of firearms and other weapons on National Forest are State Laws. These laws were developed by the states following establishment of our Cooperative Wildlife Management Agreements. Most notable of the state laws concerns controlling firearms on the National Forest are “cased gun laws”.

Cased Gun Laws: As the name implies, this law requires that all firearms on National Forest be unloaded and kept in a case. Virginia and West Virginia have similar “cased gun laws”. In order to allow hunting, these laws make an exception.

• It is legal to have loaded firearms on National Forest during the authorized general firearms and muzzle loading gun seasons for bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl. This exception is very specific and applies only during the period when it is legal to take these listed species and doesn’t include carrying the loaded weapons in a vehicle.

• Because hunting on Sunday is prohibited, carrying a loaded gun on National Forest is not legal on Sunday even if it is the Sunday in the middle of the general firearms deer season.

• The second exception to this law allows people with a concealed weapon permit to carry a loaded, concealed, handgun either on their person or in their vehicle while on National Forest. This does not apply if the person is engaged in a primitive weapons season or chase only season.

• People muzzle loading or bow hunting may carry a concealed weapon as long as they possess a concealed weapon permit.
Discharging a firearm, crossbow, or bow and arrow in or across a road or within the right-of-way of any road is prohibited by both State and Federal Law.

Any person convicted of a felony may not legally possess firearms on National Forest.

Reckless use or handling firearms: It is a violation of both Federal and State law to handle any firearm in a careless and reckless manner or hunt while under the influence of intoxicants or narcotic drugs.
 
#4 ·
It is my understanding that it is legal for a person with a valid Concealed Handgun Permit to carry in a National Forest in a State where the permit is valid, with some exceptions pertaining to buildings, and wildlife conservation areas that are posted.

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5385189.pdf
 
#7 ·
The county can't override state or federal firearms law. If the county put up a sign, odds are good the county owns all or part of the property. CC should still be legal though with the recent changes. FWIW, the Great Smoky Mtns Nat Park still has no gun signs at the trailheads. I just ignore them since they don't matter any more.

If it's actually National Forest it would fall under Gamelands regulations in NC. You can carry anything you want, anytime, any caliber, open, or concealed handgun with a permit.

Firearms and Concealed Carry
POSSESSION OF FIREARMS ON GAME LANDS
On State-owned game lands, and all other lands unless prohibited by the landowner, persons may lawfully carry any firearm openly that they are otherwise lawfully entitled to possess, and may also carry a concealed handgun if they possess a current and valid concealed handgun permit issued to them. However, persons may not hunt with any firearm being carried unless such firearm is authorized as a lawful method of take for that open season. The exempted game lands where concealed carry is prohibited are:


Full page with list of prohibited gamelands here.

http://www.ncwildlife.org/Licensing/Regulations/FireArmsandConcealedCarry.aspx
 
#9 ·
Shinobi said:
This can get tricky since state park lands often border on national forests. In NC, it is legal to carry in a state park with CCW permit. This is not legal in SC, however.
I'm pretty sure that it is legal to carry with a permit in SC State Parks, now. I was looking for the answer to this before and I think I found it on www.handgunlaw.us/states/southcarolina.pdf.

Matt