OBX?

[titanxdm]

I am seeing some conflicting information and looking for some input.

Can you carry (CC) in Cape Hatteras, NC (National Park)?

Handgunlaw.us says no. Source
Carry Allowed in these Areas:
State Parks: NO 15A NCAC 12B .0901
State/National Forests: NO
WMA’s: NO
Road Side Rest Areas: YES §14-269.4

Cape Hatteras National Seashore Website says yes? Source
Firearms Regulations: As of February 22, 2010, a new federal law allows people who can legally possess firearms under applicable federal, state, and local laws to legally possess firearms in this park.

And finally, the NC DOJ website doesn't really clarify. Source

Judging by the National Seashore site, I would say that all is good, but it never hurts to ask.

Any thoughts?

[jokusfocus]

The national parks carry bill just says that national parks will follow state lwas for state parks. And state parks are a no-go in North Carolina according to 15A NCAC 12B .0901.

Looks like you can't.

[cadence2arms]

I had to edit my post. Bad info. It's unclear to me, but it seems it is illegal to carry in state parks. It is surprising to me since even open carry is legal in vehicles in NC as far as I know.

[D.Hamilton]

First I am not a lawyer, use at own risk.

The state law states CCW in illegal "in any area prohibited by 18 U.S.C. § 922 or any other federal law".

IMHO, since it is not forbidden under current federal law, the state does not forbid it

Also IMHO, if the NPS Hatteras websites states Yes, then yes.

The new federal law does not state

that national parks will follow state laws for state parks

It states

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

So of the state specifically states no carry in a federal park, then no. But NC does not state that. NC only states it is illegal were stated in Federal Law.

Here is the NC Statute scaled down

(Full Version) http://www.ncga.state.nc.us/EnactedL...14-415.11.html

§ 14‑415.11. Permit to carry concealed handgun; scope of permit.

...A permit does not authorize a person to carry a concealed handgun in the areas prohibited by G.S. 14‑269.2, 14‑269.3, 14‑269.4, and 14‑277.2, in an area prohibited by rule adopted under G.S. 120‑32.1, in any area prohibited by 18 U.S.C. § 922 or any other federal law, in a law enforcement or correctional facility, in a building housing only State or federal offices, in an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government, a financial institution, or on any other premises, except state‑owned rest areas or state‑owned rest stops along the highways, where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises....

14-269.2 (Carrying Weapons on Campus or other Educational Property)
http://www.ncga.state.nc.us/EnactedL..._14-269.2.html

14-269.3 (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.)
http://www.ncga.state.nc.us/enactedl..._14-269.3.html

14-269.4 (Weapons on State Property and Courthouses)
http://www.ncga.state.nc.us/EnactedL..._14-269.4.html

14-277.2 (Weapons at Parades and Gatherings)
http://www.ncga.state.nc.us/EnactedL..._14-277.2.html

[fingers80002]

The national parks carry bill just says that national parks will follow state lwas for state parks. And state parks are a no-go in North Carolina according to 15A NCAC 12B .0901.

Looks like you can't.

Incorrect there buckaroo........

Nat'l Parks follow State Law, has nothing to do with state parks.

[Gunnutz13]

Firearms?

Are firearms allowed in a state park?
All deadly weapons, including firearms, airguns, bows and arrows, sling shots, or lethal missiles of any kind, or other deadly weapon is strictly prohibited in all areas owned or operated by the NC Division of Parks and Recreation except for commissioned park rangers and other authorized personnel. Cap pistols and fireworks are also prohibited.

COPIED FROM:

http://www.ncparks.gov/Visit/faq/main.php

N.C. Division of Parks & Recreation • 1615 MSC • Raleigh N.C. 27699-1615 (919) 733-4181

[D.Hamilton]

If I am wrong then I am wrong. But this is how I see it.

The original Department of the Interior regulatory proposal provided for concealed carry in national parks subject to "the laws by which the host states govern transporting and carrying of firearms on their analogous public lands." In short, if you could carry in a state's parks, you could carry in a national park in that state. The "analogous public lands" provision was dropped from the final DOI regulation.

The new federal law (Section 512 of Public Law 111-24) provides the following:

Quote:
(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.
Note that the federal law says nothing about complying with rules for state parks. The only things that matter are whether (1) a state allows concealed carry and (2) there is no state law that specifically bans concealed carry in national parks within the state.

[D.Hamilton]

Frequently Asked Questions (FAQs)

Firearms?

Are firearms allowed in a state park?
All deadly weapons, including firearms, airguns, bows and arrows, sling shots, or lethal missiles of any kind, or other deadly weapon is strictly prohibited in all areas owned or operated by the NC Division of Parks and Recreation except for commissioned park rangers and other authorized personnel. Cap pistols and fireworks are also prohibited.

COPIED FROM:

N.C. Division of Parks & Recreation • 1615 MSC • Raleigh N.C. 27699-1615 (919) 733-4181

http://www.ncparks.gov/Visit/faq/main.php

Found this on another site....

Concealed carry in NC state parks is prohibited by the NC Administrative Code (section 15A NCAC 12B .0901). The regulatory prohibition was issued under the parks department's general statutory authority to manage state parks. There is no specific state law that prohibits concealed carry in state parks (and certainly not any law that addresses national parks) and the authority of the state parks department does not extend to national parks.

Additionally, the NC Parks System uses NC Statute on Notices to forbid weapons.

where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises

Also the Wildlife Resources Commission, uses the same part of the statute to forbid CCW and other firearm activities from state game lands.

[D.Hamilton]

Also interestingly enough, NC does have state preemption on firearm laws.

And it clearly states that... "no agencies of the State"...."may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun"

So I am wondering/guessing that no one has taken the Parks and Recreation to court to force the issue.

It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)

http://www.ncleg.net/EnactedLegislat...14-415.23.html

[D.Hamilton]

Found some more information on the Authority of the NC Department of Environment and Natural Resources.

NC Statute 113-35.A

The Department shall make reasonable rules governing the use by the public of State forests, State parks, State lakes, game refuges, and public shooting grounds under its charge. These rules shall be posted in conspicuous places on and adjacent to the properties of the State and at the courthouse of the county or counties in which the properties are located. A violation of these rules is punishable as a Class 3 misdemeanor.

Now I am not saying it is good, but a Class 3 misdemeanor in NC is the lowest criminal charge, equal to disorderly conduct, carries a sentence of 20 days in jail or a $50 fine. Also only a defendant who has had five or more prior convictions can receive an active jail sentence on a class 3 misdemeanor.