What are the laws regarding a firearm in a state forest/park?

[D0NNY]

I'm looking to possibly go do some camping/hiking while the weather looks to be cool the next few days, and want to know what laws there are against having a handgun on me should I be out on the trail.

Not a huge issue, but having my pistol in my backpack has a few purposes (ward off any crazies that try to kill me out on the trail, prevent any wild animal attacks - well, probably not since it'll be in my pack and not readily accessible, and serve as means for signaling should I injure myself and not be able to finish my hike) and I wouldn't mind having it with me since I will be solo-hiking.

Anyone know off hand? I remember seeing something on one site, but having thumbed through LAcarry and the NRA state laws, I've not seen anything of relevance.

Thanks in advance

 

[Paulup]

I think in Louisiana it is illegal to have a firearm in a STATE park, National is a different story. Your vehicle is an extension of your home and ok to carry in(pretty sure) but I doubt you'd be allowed to carry around the park.

 

[Nolacopusmc]

I think in Louisiana it is illegal to have a firearm in a STATE park, National is a different story. Your vehicle is an extension of your home and ok to carry in(pretty sure) but I doubt you'd be allowed to carry around the park.

IT JUST WON't STOP. LOL.

 

[D0NNY]

Good deal. I'll have to check out where I'm headed and see what's up and what the land technically is zoned. I'm guessing 'wilderness area' and 'state forests' don't follow those same guidelines?

I was thinking I read it being illegal as well to carry in a state park, which is why I asked since I know I've seen a mentioning of it somewheres.

 

[owen502]

http://www.bayoushooter.com/forums/showthread.php?t=9092&highlight=park

We still need to fix our state on this issue. Then we can carry in any park...at least until the big "O" gets his man to change the rules back.

 

[Quas]

It's just an expression, not law guys. NO, it is NOT illegal to carry in your car but also NO you car is not an extension of your home.

 

[owen502]

It's just an expression, not law guys. NO, it is NOT illegal to carry in your car but also NO you car is not an extension of your home.

The below is quoted from State Park Regulations
Quote:
§313. Fishing, Hunting, Trapping, and the Use of Firearms or Fireworks
A. All wildlife (domestic and natural) in OSP sites is under strict protection and must not be hunted, molested, disturbed, destroyed, or removed, except for scientific or management purposes when approved by the assistant secretary.
B. Bringing or keeping any hunting dogs on OSP property for the purpose of hunting inside or adjacent to a site is prohibited.

The possession and/or use of any weapon, including but not limited to shotguns, rifles, pistols, and bow and arrows within a site is prohibited. This prohibition shall not apply to:
1. Any law enforcement officer in the performance of his official duties.
2. Historic weapons or reproduction historic weapons when used in accordance with Department policies and procedures.
3. Weapons kept unloaded in a case within a locked vehicle.
4. Instances where the assistant secretary has granted special permission because the use of weapons will be used in a manner that furthers the purposes and objectives of the OSP

The whole "ok in your car" thing does not apply in a state park. WMA's are also the same way.

 

[Quas]

I was talking about the "extension of your home" deal. Didn't realize that rule Nick, good to know it.

 

[Suburbazine]

The whole "ok in your car" thing does not apply in a state park. WMA's are also the same way.

But hey, the other state law says it's a constitutionally protected right that cannot be violated---wouldn't that supercede this law?

 

[owen502]

But hey, the other state law says it's a constitutionally protected right that cannot be violated---wouldn't that supercede this law?

I believe that line only applies to that specific law. It has been used to fill in the blanks in other laws where it is not specified.

 

[jimdana1942]

It doesn't matter who says what. Wherever you go you better be able to protect yourself 'cause no one else is. Even in Church. Look at the times people have been killed at church, or school, or at the store, or disappearances from parks, camping grounds. Forget what's written on paper. Be ready to protect yourself, just be discreet and low key about it.

 

[owen502]

It doesn't matter who says what. Wherever you go you better be able to protect yourself 'cause no one else is. Even in Church. Look at the times people have been killed at church, or school, or at the store, or disappearances from parks, camping grounds. Forget what's written on paper. Be ready to protect yourself, just be discreet and low key about it.

Agreed.

We also need to change the ******** laws so there is no concern for safety or breaking the law.

 

[Paulup]

It's just an expression, not law guys. NO, it is NOT illegal to carry in your car but also NO you car is not an extension of your home.

Sorry. Saying a vehicle is an extension of your home is inaccurate, but a simplified explanation saying that the state cannot regulate legally owned firearms in your vehicle.

RS 14:95.2
(C) The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

 

[Nolacopusmc]

Sorry. Saying a vehicle is an extension of your home is inaccurate, but a simplified explanation saying that the state cannot regulate legally owned firearms in your vehicle.

RS 14:95.2
(C) The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

Look at the title of this statute which is not printed here for some reason. This law applies to the firearm free school zone statute only. You cannot take a subsection of one state statute and apply it to another. It has to be included in the statute beuing applied to. It would be like taking the penalty section for murder and using it as a subsection for no seatbelt.

95.2 is for Firearm free school zone. subsection 5 cannot be used to justify everyyplace with a car. The whole point of that was to protect you if you got pulled over while in transit coincidentlaly in a school zone. that section protects yiou from being charged with possession in a school zone.


We already beat each other up over this one and are waiting on a statement from LSP on their interpretation.

 

[owen502]

Look at the title of this statute which is not printed here for some reason. This law applies to the firearm free school zone statute only. You cannot take a subsection of one state statute and apply it to another. It has to be included in the statute beuing applied to. It would be like taking the penalty section for murder and using it as a subsection for no seatbelt.

95.2 is for Firearm free school zone. subsection 5 cannot be used to justify everyyplace with a car. The whole point of that was to protect you if you got pulled over while in transit coincidentlaly in a school zone. that section protects yiou from being charged with possession in a school zone.


We already beat each other up over this one and are waiting on a statement from LSP on their interpretation.

Wow. Agreed.

 

[mrdbeau]

95.2 is for Firearm free school zone. subsection 5 cannot be used to justify everyyplace with a car. The whole point of that was to protect you if you got pulled over while in transit coincidentlaly in a school zone. that section protects yiou from being charged with possession in a school zone.

We already beat each other up over this one and are waiting on a statement from LSP on their interpretation.

Yeah, we did, so I'm not going to start it up again. However, I just want to reiterate that if carrying in a vehicle is a "constitutionally protected activity," then it doesn't matter whether you are in a school zone (a Federal firearm free zone) or whether you're in a national forest (assuming it's also a Federal firearm free zone).

 

[owen502]

Yeah, we did, so I'm not going to start it up again. However, I just want to reiterate that if carrying in a vehicle is a "constitutionally protected activity," then it doesn't matter whether you are in a school zone (a Federal firearm free zone) or whether you're in a national forest (assuming it's also a Federal firearm free zone).

With our current law enforcement/judicial system, it does not matter if a law is unconstitutional. They will still enforce it.

 

[W1nds0rF0x]

Look at the title of this statute which is not printed here for some reason. This law applies to the firearm free school zone statute only. You cannot take a subsection of one state statute and apply it to another. It has to be included in the statute beuing applied to. It would be like taking the penalty section for murder and using it as a subsection for no seatbelt.

95.2 is for Firearm free school zone. subsection 5 cannot be used to justify everyyplace with a car. The whole point of that was to protect you if you got pulled over while in transit coincidentlaly in a school zone. that section protects yiou from being charged with possession in a school zone.


We already beat each other up over this one and are waiting on a statement from LSP on their interpretation.

The "vehicle is an extension of your home" thing far predates the gun free school zone law. I have been told by a particular law geek that it is part of the state constitution.

LRS 14:95.2 (C) (5)
Implies that a firearm contained entirely within a motor vehicle is in a constitutionally protected area and can not be regulated by the state. Our State Constitution only specifically gives the Legislature the power to regulate the concealed carry of weapons. (So anyone can carry a loaded firearm inside a motor vehicle in LA.

97-37-1.(2)
It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

 

[owen502]

The "vehicle is an extension of your home" thing far predates the gun free school zone law. I have been told by a particular law geek that it is part of the state constitution.

I am not going to say thats not true, but you have to provide proof. Where else is that phrase used in the LA law?

 

[W1nds0rF0x]

Other than what I posted perhaps we need to ask about the vehicle extension thing of a lawyer who is familiar with the La. constitution. But I have to say I've heard that phrase all my life and it was even uttered by commander Sullivan when I was in the EBRSO reserve deputy academy.