Concealed carry in Smoky Mountains National Park question...

[bvfd920]

I know they just changed the law on carrying in the national parks, but wanted to make sure I am still safe in and around the Smokies when I travel there in the near future. Anyone know of any loopholes in the CCW laws I should beware of in Tennessee and North Carolina? Will be traversing many of the trails and roads throughout the entire national park area for a week. Will look up the TN and NC CCW laws, but I remember them being fairly similiar to LA, so I'm too terribly worried outside of the park. Just want to make sure I won't go to jail if I'm carrying in a ranger station, historical sight, campground, or feeding bears on the park grounds or something crazy like that.

I'm pretty good at concealing, so I shouldn't even have printing issues where I could get busted if I happened to stumble into an off limits area without my knowledge, but just like to know for my own sake if there is anywhere I could be in trouble at from anyone who has been recently.

And fyi....I'm really not going to feed the bears...just the bobcats

 

[dzelenka]

All federal buildings are off limits. That means ranger stations and bathrooms.

 

[bvfd920]

All federal buildings are off limits. That means ranger stations and bathrooms.

And I guess peeing in the woods is off-limits too since it's a National Park? So no long hikes because I won't have anywhere to pee...hmmm...

Other than that, I suppose I am good to carry on the trails and in my vehicle then from what I see.

 

[Mr_Willson]

funny, was actually contemplating going along with my dad next week to the smokies

 

[lefty]

i may or may not have went to the smokies last year and hiked a couple of trails, but ill be damned if the only thing separating me and my 11 month old daughter from a bear was my hiking stick! (btw its a pain in the ass hiking to that waterfall toting a child the whole way)

i might have carried a full size 1911 owb with a light jacket over it that the bottom of the holster was probably peeking out underneath. passed a volunteer that gave me the stink eye, but none of the rangers noticed or either didnt care.

its a crying shame some of the old shack houses have graffiti and peoples names written all over them, even the churches!

 

[posse comatosis]

All federal buildings are off limits.

Does the new law say so, or is that old law at the back door trying to hang in there?

And if that is the case, how do you work that out?

 

[CavalryJim]

i may or may not have went to the smokies last year and hiked a couple of trails, but ill be damned if the only thing separating me and my 11 month old daughter from a bear was my hiking stick! (btw its a pain in the ass hiking to that waterfall toting a child the whole way)

i might have carried a full size 1911 owb with a light jacket over it that the bottom of the holster was probably peeking out underneath. passed a volunteer that gave me the stink eye, but none of the rangers noticed or either didnt care.

its a crying shame some of the old shack houses have graffiti and peoples names written all over them, even the churches!

+1.

 

[bvfd920]

i may or may not have went to the smokies last year and hiked a couple of trails, but ill be damned if the only thing separating me and my 11 month old daughter from a bear was my hiking stick! (btw its a pain in the ass hiking to that waterfall toting a child the whole way)

i might have carried a full size 1911 owb with a light jacket over it that the bottom of the holster was probably peeking out underneath. passed a volunteer that gave me the stink eye, but none of the rangers noticed or either didnt care.

its a crying shame some of the old shack houses have graffiti and peoples names written all over them, even the churches!

Well, I may or may not go, and then I may or may not carry, but that is all depending on if I go or not...wonder if I can take my Glock white water rafting??? Shouldn't be too big an issue, should it???

 

[Tulse Luper]

All federal buildings are off limits. That means ranger stations and bathrooms.

You sure about the potty, Dan? Why doesn't that follow state law. In fact, why wouldn't the rest of the buildings (if not posted).

Where is the law that deems all federal building off limits. I understand courts and post offices and such, but this is all I could find otherwise.

18 USC Sec. 930 02/01/2010

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 930. Possession of firearms and dangerous weapons in Federal
facilities

-STATUTE-
(a) Except as provided in subsection (d), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal facility (other than a Federal court facility),
or attempts to do so, shall be fined under this title or imprisoned
not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon
be used in the commission of a crime, knowingly possesses or causes
to be present such firearm or dangerous weapon in a Federal
facility, or attempts to do so, shall be fined under this title or
imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of
subsection (a) or (b), or in the course of an attack on a Federal
facility involving the use of a firearm or other dangerous weapon,
or attempts or conspires to do such an act, shall be punished as
provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to -
(1) the lawful performance of official duties by an officer,
agent, or employee of the United States, a State, or a political
subdivision thereof, who is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a
Federal official or a member of the Armed Forces if such
possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons
in a Federal facility incident to hunting or other lawful
purposes.

(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal court facility, or attempts to do so, shall be
fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described
in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of
weapons within any building housing such court or any of its
proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term "Federal facility" means a building or part
thereof owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing
their official duties.
(2) The term "dangerous weapon" means a weapon, device,
instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a pocket
knife with a blade of less than 2 1/2 inches in length.
(3) The term "Federal court facility" means the courtroom,
judges' chambers, witness rooms, jury deliberation rooms,
attorney conference rooms, prisoner holding cells, offices of the
court clerks, the United States attorney, and the United States
marshal, probation and parole offices, and adjoining corridors of
any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if such
notice is not so posted at such facility, unless such person had
actual notice of subsection (a) or (e), as the case may be.

This is, of course, all just speculation of this non-degreed iLawyer.

 

[posse comatosis]

HR 627 Sec. 512

(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- 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 if--

(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.

http://thomas.loc.gov/cgi-bin/query/F?c111:5:./temp/~c111hHV5bI:e101970:



It would appear that (1) above, "the individual is not otherwise prohibited by law from possessing the firearm," when read in conjunction with the preceding post by Tulse Luper, Subsection d, para 3, "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," provides public license to carry in National Park buildings, including crappers.

 

[Specularius]

I thought this horse had been beat to death before. Everyone agreed you could carry into any building located on a National park unless there was a "No Guns'' sign at all entrances.

 

[Tulse Luper]

I thought this horse had been beat to death before. Everyone agreed you could carry into any building located on a National park unless there was a "No Guns'' sign at all entrances.

That's my take, too.

HR 627 Sec. 512

http://thomas.loc.gov/cgi-bin/query/F?c111:5:./temp/~c111hHV5bI:e101970:

It would appear that (1) above, "the individual is not otherwise prohibited by law from possessing the firearm," when read in conjunction with the preceding post by Tulse Luper, Subsection d, para 3, "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," provides public license to carry in National Park buildings, including crappers.

I agree with you agreeing with me.

But I'm just wondering if there is something I missed. Take the post office for instance. Just reading what I posted, one might mistake it being legal to carry in a post office if it was not posted, but the post office has is own regs:

Title 39: Postal Service

PART 232—CONDUCT ON POSTAL PROPERTY
Section Contents
§ 232.1 Conduct on postal property.

Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7), 1201(2).
§ 232.1 Conduct on postal property.


(l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.

So, like the post office, is there anything beyond Sec. 930. Possession of firearms and dangerous weapons in Federal facilities that applies to all federal buildings.

Does that make sense?