Concealed Gun on Trails

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mrykyle
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Concealed Gun on Trails

#1

Post by mrykyle »

One of the reasons that I wanted the CHL is that I regularly hike on the deserted trails around the area and it seemed to me a good idea to be able to protect myself. Although I have gone thru the class for CHL and have my permit, I am not clear on what trails I can carry and if there are trails (for instance in State or Federal Park) that I cannot carry. Would someone please clarify for me what the law is. - Mary :fire
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Oldgringo
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Re: Concealed Gun on Trails

#2

Post by Oldgringo »

:tiphat: Welcome to the forum.

http://www.handgunlaw.us/" onclick="window.open(this.href);return false; is a website full of laws for hither and thither. In a nutshell: you can carry in state and federal forests. You can carry in National Parks EXCEPT you CANNOT enter structures where federal employees are doing whatever they do with your CCW. You CANNOT carry on Corps of Engineers reservations or lakes. You can carry in TX state parks.

Remember this: concealed is concealed and IANAL.

Be always aware of your surroundings and enjoy your outings.

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Re: Concealed Gun on Trails

#3

Post by RPB »

Welcome mrykyle

Oldgringo is correct, so I have very little to add.
(But, I tend to use a lot of words to say very little sometimes, so hold on)

If a State Park/City Park/County Park is on land OWNED by US Army Corps of Engineers, the USACE Federal Regulation which prohibits carry trumps the State law which allows carrying in those places. Otherwise, you are ok.

Also, National Wildlife Refuges are OK.

--
Mr.B

As of now if you have a current Texas Concealed Weapons permit you are allowed to carry on NWR. In addition, any violations of the state law will be taken in account. I suggest that you review the state statutes and I hope that you have a nice time on the refuge. If you have any further questions please contact me at this email address or the numbers listed below.

Thank you,

Chris Davis
Refuge Law Enforcement Officer
Texas Chenier Plain NWR Complex
509 Washington St. Box # 278
Anahuac, Texas 77514
O: 409-267-3337
C: 409-370-7367
F: 409-267-4314
---------

FEDERAL:
As you may know, the Bureau of Land Management and the United States Forest Service allowed the transporting and carrying of firearms on federal lands in accordance with the laws of the host state where these two agencies manage lands.

However, the National Parks Service (NPS) and the Fish and Wildlife Service (FWS) are governed by separate federal statutes and had developed differing sets of firearms regulations, which is why the law allowing carry on THOSE properties was passed and went in effect on Feb 22, 2010, so they are OK now too.
-
USACE properties are STILL prohibited
ONE Army Corps of Engineers Parks/lakes LINK in Texas at http://www.swf-wc.usace.army.mil/navarr ... sparks.asp" onclick="window.open(this.href);return false;
(There are various USACE divisions/Galveston Fort Worth etc etc. so check the specific area/lake/park/property you are interested in.
and their Lakes Gateway link
http://corpslakes.usace.army.mil/visitors/visitors.cfm" onclick="window.open(this.href);return false;

You can Also check Texas Parks and Wildlife website to see the "Controlling Authority" etc etc.
You are OK in TPWD areas, UNLESS it is leased and on landed OWNED by the USACE
So if you see a CITY/COUNTY/STATE Lake/Park which is on property owned by/controlled by USACE, you can't legally carry there even if it is a State Park/County Park/City Park, even though Texas Law says the City/County can't pass laws prohibiting carry in their parks, the USACE has.
http://www.tpwd.state.tx.us/spdest/" onclick="window.open(this.href);return false;
(There MAY be some small secured areas, such as a secured area near a power plant or dam which generates electricity on a lake/river, considered to be "critical Infrastructure" since 9-11, but you generally would have to climb fences or cross ropes and barriers to get to those, and they aren't really part of the park/trail)
TEXAS PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
Sec. 30.01. DEFINITIONS. In this chapter:
(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(ETC ETC>>>)
So trespassing at infrastructure facilities is prohibited under 30.05, But, that's getting way beyond your question since you won't be climbing fences and barriers into infrastructure facilities on the park trails. I only mentioned that because some lakes have power plants/Generating facilities where people used to fish etc, but they are fenced off now..

Generally, unless a City/State/County/park or Federal Refuge/Forest/Park/Lake/other National Land area etc is on USACE property (Some State/City/County parks are, but no National Park is on USACE property) you are ok at National Parks ... except in buildings where the Federal Employees are working.

----------------------

P.S. I got my snakeboots and CHL due to snakes and animals I'd rather not encounter unarmed too ... their fangs and claws are bigger than mine. ;-)
I drag a plastic kayak and fishing equipment through some tall grass/weeds/brush in low lighting conditions/snake/wild boar/bobcat/coyote etc etc country.
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surprise_i'm_armed
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Re: Concealed Gun on Trails

#4

Post by surprise_i'm_armed »

mrkyle:

For those possible pesky critter encounters, what is your carry piece?

This sounds like a case for the Taurus Judge with .410 shotgun shells.

SIA
N. Texas LTC's hold 3 breakfasts each month. All are 800 AM. OC is fine.
2nd Saturdays: Rudy's BBQ, N. Dallas Pkwy, N.bound, N. of Main St., Frisco.
3rd Saturdays: Golden Corral, 465 E. I-20, Collins St exit, Arlington.
4th Saturdays: Sunny St. Cafe, off I-20, Exit 415, Mikus Rd, Willow Park.

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mrykyle
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Re: Concealed Gun on Trails

#5

Post by mrykyle »

I appreciate all the replies partners and thanks for posting. Damn.. I knew that getting the CHL would help keep me safe, but I didn't know it would make me study so hard. What happened to the simple life??
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Beiruty
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Re: Concealed Gun on Trails

#6

Post by Beiruty »

Just stay away from Arizona trails. Last I heard those trails are infested with dangerous animals who inflict deadly harm using evil tools aka AK.
:fire
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Oldgringo
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Re: Concealed Gun on Trails

#7

Post by Oldgringo »

mrykyle wrote:I appreciate all the replies partners and thanks for posting. darn.. I knew that getting the CHL would help keep me safe, but I didn't know it would make me study so hard. What happened to the simple life??
Common sense, good judgement and situational awareness will carry you far...safely. :tiphat:
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Keith B
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Re: Concealed Gun on Trails

#8

Post by Keith B »

Beiruty wrote:Just stay away from Arizona trails. Last I heard those trails are infested with dangerous animals who inflict deadly harm using evil tools aka AK.
:fire
I assume you meant Texas trails, and that question and Federal/COE lands were answered above. Just remember that other states may have a restriction on not being able to carry in city or state parks. http://www.handgunlaw.us" onclick="window.open(this.href);return false; is a great resource for other states laws.
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MadMonkey
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Re: Concealed Gun on Trails

#9

Post by MadMonkey »

What about leaving your weapon in your vehicle on Corps property? My RC flying field is at Grapevine Lake on Corps property, and it's pretty much my home away from home (other than work, it's where I spend the majority of my time :thumbs2:).

Is it only illegal to conceal carry or to have any weapon, period?
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RPB
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Re: Concealed Gun on Trails

#10

Post by RPB »

MadMonkey wrote:What about leaving your weapon in your vehicle on Corps property? My RC flying field is at Grapevine Lake on Corps property, and it's pretty much my home away from home (other than work, it's where I spend the majority of my time :thumbs2:).

Is it only illegal to conceal carry or to have any weapon, period?
The key phrase in your question is "on Corps property"

I specifically asked this in an E-Mail to the USACE asking about parking at a park's parking lot on Lake Georgetown.

See Title 36 C.F.R., Chapter III, Part 327
http://edocket.access.gpo.gov/cfr_2001/ ... 327.13.htm" onclick="window.open(this.href);return false;
(a) The possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, or other weapons is
prohibited unless
: (EtC ETC)

It is against the regulations to have a "loaded firearm" OR AMMUNITION "on Corps property" including in your car in the parking lot.
The USACE federal regulations trump the Texas Motorist Protection Act.
(Same situation exists at some city/county parks and their parking lots at Lake Georgetown which are "on USACE property")
You can NOT (legally) have a loaded handgun in your car on USACE property legally period. Any firearm must be transported UNLOADED if going to go to a shooting range/hunting etc..

I understand through hearsay gossip that there has never yet been a prosecution in Texas, but there was a memo published advising the park rangers and all USACE employees that they forbid loaded firearms except in accordance with their regulations (for hunting and at their shooting ranges) and to disregard any State Laws.
So, concealed is concealed and I don't want to be a test case etc etc etc ... so I personally just avoid USACE property and go elsewhere personally, until they decide to change their regulations to afford me my "FUNDAMENTAL" (rather than "individual")constitutional right to protect myself.

More info on USACE, including Parking lots at
viewtopic.php?f=7&t=34417&p=406577&hili ... ng#p405754" onclick="window.open(this.href);return false;
and
viewtopic.php?f=7&t=34417&p=406577&hili ... ng#p406577" onclick="window.open(this.href);return false;
and
viewtopic.php?f=94&t=35242&p=416448&hil ... ng#p416448" onclick="window.open(this.href);return false;
and
viewtopic.php?f=7&t=32543&p=382929&hili ... ng#p382929" onclick="window.open(this.href);return false;
and
viewtopic.php?f=83&t=34447&p=405374&hil ... ng#p405374" onclick="window.open(this.href);return false;
Last edited by RPB on Wed Jun 30, 2010 7:41 am, edited 9 times in total.
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Terlingueno
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Re: Concealed Gun on Trails

#11

Post by Terlingueno »

Please bear in mind that when you are carrying in a National Park, ALL wildlife is protected. No exceptions.
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sjfcontrol
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Re: Concealed Gun on Trails

#12

Post by sjfcontrol »

So, you can't swat that mosquito? :headscratch
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RPB
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Re: Concealed Gun on Trails

#13

Post by RPB »

sjfcontrol wrote:So, you can't swat that mosquito? :headscratch
That's what the Laser on your UNLOADED (If USACE Property) FIREARM is for :biggrinjester:

"Mr. Ranger, I swear, I never touched that mosquito, I thought I was switching on the flashlight, Please don't tell PETA" (People for the Ethical Treatment of Animals)

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Terlingueno
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Re: Concealed Gun on Trails

#14

Post by Terlingueno »

sjfcontrol wrote:So, you can't swat that mosquito? :headscratch
Technically mosquitos are wildlife, however I was referring to critters people like to "dispose" of, namely snakes, coyotes, bears, mountain lions etc. Some people seem to think that carrying in a National Park gives them license to shoot these types of animals, and it doesn't.
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