National Parks & State Parks Concealed Carry

[mjf]

Originally Posted by djturnz

I thought it was the 18th that it took effect. It's nice that the National Park carry is no longer tied to State Park carry.

As I understand what I've read, it's concealed only.

The legislation was enacted the 17th of November.... if you add 60 days you'd get December 16th.

1 Amend Title, page 1, line 3, by inserting after "number"
2 for firearm licenses
3 Amend Title, page 1, line 4, by removing the period after
4 "identification" and inserting
5 ; and abrogating a regulation.
6 Amend Bill, page 1, lines 7 and 8, by striking out all of
7 said lines and inserting
8 Section 1. Section 6109 of Title 18 is amended by adding
9 subsections to read:
10 § 6109. Licenses.
11 * * *
12 (m.1) Inconsistent provisions.--Notwithstanding the
13 provisions of section 7506 (relating to violation of rules
14 regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
15 (relating to additional limitations on operation), or the act of
16 June 28, 1995 (P.L.89, No.18), known as the Conservation and
17 Natural Resources Act, and regulations promulgated under that
18 act, a firearm may be carried as provided in subsection (a) by:
19 (1) a law enforcement officer whose current
20 identification as a law enforcement officer shall be
21 construed as a valid license to carry a firearm; or
22 (2) any licensee.
23 (m.2) Construction.--Nothing in this section shall be
24 construed to:
25 (1) Permit the hunting or harvesting of any wildlife
26 with a firearm or ammunition not otherwise permitted by 34
27 Pa.C.S. (relating to game).
28 (2) Authorize any Commonwealth agency to regulate the
29 possession of firearms in any manner inconsistent with the
30 provisions of this title.
31 Section 1.1. Section 6110.2 and 6117 of Title 18 of the
32 Pennsylvania Consolidated Statutes are amended to read:

33 Amend Bill, page 2, by inserting between lines 23 and 24
34 Section 1.2. The provisions of 17 Pa. Code § 11.215
35 (relating to weapons and hunting) are abrogated to the extent

[lildobe]

Reading what MJF just posted - there isn't any provision that says it must be concealed, just that you need to hold a LTCF to carry a firearm in the park.

So it seems to me that in State Parks, like Philadelphia, you need a LTCF to CC or OC.

18 ... a firearm may be carried as provided in subsection (a) by:
...
22 (2) any licensee.

[mjf]

Originally Posted by lildobe

Reading what MJF just posted - there isn't any provision that says it must be concealed, just that you need to hold a LTCF to carry a firearm in the park.

So it seems to me that in State Parks, like Philadelphia, you need a LTCF to CC or OC.

Yep, I think you should be able to OC there... but it's Phili-ized. :-/

[jmiro]

so bottom line. I am heading to a state park this weekend can I CC or what? I would never break the law!

[gnbrotz]

Originally Posted by jmiro

so bottom line. I am heading to a state park this weekend can I CC or what? I would never break the law!

Absolutely yes.

[chrisjames_71]

Originally Posted by mjf

The legislation was enacted the 17th of November.... if you add 60 days you'd get December 16th.

Don't know what kind of calendar you use, but on the one I use: Nov 17th-Dec 16th is only 30 days, not 60. Now I was pretty horrible at month, but pretty sure thats only a months time frame there.

[FFEMT128]

Originally Posted by lildobe

Reading what MJF just posted - there isn't any provision that says it must be concealed, just that you need to hold a LTCF to carry a firearm in the park.

So it seems to me that in State Parks, like Philadelphia, you need a LTCF to CC or OC.

I could have misinterpreted it, but I took it to mean that also. In order to Carry regardless of CC/OC you needed a LTCF.

Can someone clarify this?

[tl_3237]

As I read the rule OC is still verboten in DOI Parks:

(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.

You can get all the history,discussion etc from the Federal register:
http://frwebgate1.access.gpo.gov/cgi...ction=retrieve

Also by way of warning, within the publication is:

Accordingly, as stated in the
preamble to the proposed rule, this rule does not authorize visitors to
use

[[Page 74968]]

firearms, or to otherwise possess or carry concealed firearms in
Federal facilities in national parks and wildlife refuges as such
possession is proscribed by 18 U.S.C. 930.

Finally:

DATES: This rule becomes effective on January 9, 2009.

[gnbrotz]

You will definitely need a LTCF (or other license) to carry in Pa State Parks. The unanswered question is if carrying "as provided in subsection (a)" requires that the firearm be concealed. I expect DCNR opinions on this to vary widely across the state, and expect that someone may have to challenge this in court if they OC and cross paths with the wrong officer.

[PA_SIGpacker]

"Accordingly, as stated in the
preamble to the proposed rule, this rule does not authorize visitors to
use

[[Page 74968]]

firearms, or to otherwise possess or carry concealed firearms in
Federal facilities in national parks and wildlife refuges as such
possession is proscribed by 18 U.S.C. 930."

That's a good point. I take this quote from the rule to mean you basically cannot carry indoors at a Federal Park/Refuge. So regardless of this new rule, we still cannot carry into places like the Independence Center in Philly. Looks like I will NEVER get to see it!