National parks?

[FrogFan]

My wife and I went through Big Bend in 2012. Before going, I checked the rules and noted that carry was allowed consistent with State rules, but firearms were not allowed in any of the park's buildings. I elected to carry my .357 revolver consistent with the rules and intending to use it if necessary to protect myself or my wife. At the time, we were warned that mountain lions were active and that we should protect ourselves if we went on a hike. We decided to take a longish hike, I carried my revolver, we had a great time, didn't see a single animal.

This week, we spent a couple days in Yellowstone and happened to be on a bus tour. I asked the guide if firearms were allowed and he said "no". It really didn't matter to me since I didn't have my gun. I chose not to take it because I didn't want the hassle of taking it through airports and carrying it in a rental car.

Anyway, today I decided to look up the rules around firearms in national parks and discovered that carry is allowed in all of them consistent with any state regulations but discharge, for any reason, is prohibited. I guess that means if you hike through the Big Bend and get attacked by a mountain lion, you need to use rocks or sticks to fight it off?

Clearly, there's no point in carrying a firearm if you are prohibited from using it.

I did a quick search here and didn't find anything that looked like it was on topic so I thought I'd post a message and seek insight from the experts here. Apologies if I've missed something.

[RoyGBiv]

I am not a lawyer, this is just my OPINION.

carry is allowed in all of them consistent with any state regulations but discharge, for any reason, is prohibited. I guess that means if you hike through the Big Bend and get attacked by a mountain lion, you need to use rocks or sticks to fight it off?

My understanding is that, as stated in the quote, carry is allowed if the state the park is in allows it... except that all buildingsin the park ("Federal Buildings") are off limits, including restaurants, shops, etc... Not sure about lodging... if government run/owned, then off limits for sure.

If you are attacked in the park (animal or human) "necessity" is usually an available defense. I believe (again, opinion) the "no discharge" rules are more about no target shooting or hunting.

Did I mention this is only my OPINION!??

EDIT: Necessity defense is a question mark...
https://lawreview.uchicago.edu/print-ar ... iminal-law
https://www.losangelescriminallawyer.pr ... ssity.html

[FrogFan]

Thanks for the feedback.

I found this statement on the Yellowstone National Park "Laws and Policies" page https://www.nps.gov/yell/learn/manageme ... licies.htm

Firearms should not be considered a wildlife protection strategy. Bear spray and other safety precautions are the proven methods for preventing bear and other wildlife interactions.

I suspect the above would be used to set up "bear spray and other safety precautions" as alternatives to the discharge of a firearm, rendering the use of a firearm unnecessary for self defense. I'm not a lawyer either but it strikes me a test case would be needed to sort this out.

By the way, our tour guide also mentioned an encounter with a bear where the bear killed someone and, in the process, chewed a hole in his can of bear spray. Not sure if that was hyperbole but it makes one wonder.

[eyedoc]

"Chewed a hole in his can of bear spray."

They like a little seasoning with their food.

[Jose_in_Dallas]

I was in Big Bend February of 2022. Got lucky and picked a good weekend to with perfect weather. Brought my Glock 10mm with Hard Cast bullets in case I ran into anything 4 legged and furry. About half way through the Window Trail, we saw a bear cub in the distance. No sign of momma. No other trouble the rest of the hike. Beautiful place. 2.5 days is not enough time spent there.