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State Park Carry--Am I missing something, or did NRA goof?

Posted: Sun Jun 13, 2010 5:46 pm
by Douva
Is the NRA just really behind on updating their maps, or am I missing something?

http://www.nraila.org/maps/spc.jpg" onclick="window.open(this.href);return false;

Image

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Sun Jun 13, 2010 5:59 pm
by Greybeard
As you probably know, the director of Texas Parks and Wildife made it quite clear years ago that CHLers can carry in state parks, so ya, I think NRA is waaaaaaay behind there - on Tejas anyway.

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Mon Jun 14, 2010 8:01 am
by Sniper John
I think there were some issues with State Parks comprised of leased Corps of Engineers land in that the federal regulations override the state regulation in those parks.

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Mon Jun 14, 2010 8:17 am
by The Annoyed Man
JvT wrote:I think there were some issues with State Parks comprised of leased Corps of Engineers land in that the federal regulations override the state regulation in those parks.
I would be careful not to confuse ACOE authority concerning lakes and the immediate shorelines of those lakes, and the authority of state parks regulations over those parks in which an ACOE lake may be located. In some cases, they may overlap, but in other cases, maybe not. I'm not knowledgeable enough to think of a specific examples (and maybe there aren't any), but I would think that if a ACOE lake with a surface area and shoreline of 10 square miles were located in a state park of 100 square miles, then the ACOE regs would only apply on the 10 square miles of the lake and its shoreline, while the state park regs would apply on the other 90 square miles.

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Mon Jun 14, 2010 8:39 am
by jester
JvT wrote:I think there were some issues with State Parks comprised of leased Corps of Engineers land in that the federal regulations override the state regulation in those parks.
Only in Texas and not in the 32 states where the picture says it's allowed?

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Mon Jun 14, 2010 1:11 pm
by RPB
jester wrote:
JvT wrote:I think there were some issues with State Parks comprised of leased Corps of Engineers land in that the federal regulations override the state regulation in those parks.
Only in Texas and not in the 32 states where the picture says it's allowed?
Additionally ANY USACE land (City parks and County Parks on land leased from USACE such as Barker Dam reservoir/Addicks Dam reservoir parks where Harris County has parks and some CITY parks on lake Georgetown etc. which are on property "owned by" usace



Ok, that map indicates State laws, without regard for Federal Laws.
Texas and the yelllow States apparently allow carry in State Parks.

However, if a State Park (in any State) is on property owned by USACE, and leased to the State, the property owner says regardless of any conflicing State law purportedly allowing you to carry, you may not carry due to the Federal Regulation.

So, places such as Whitney State Park on Lake Whitney, are a no-carry zone even if State law says you can carry in State Parks (because it is owned by USACE)

As a practical matter, Texas Game Wardens may (or may not) say you can carry there, but a "park ranger" etc. working for USACE will advise you you committed a Federal Offense.

Similar delimma exists with Post office parking lots, Texas under the MPA says you can carry in the car, Post office regs say not on our property.... doubtful your mailman/local police will arrest you, (except in Round Rock etc they might try to) if they could or wanted to, but any Federal Marshall, etc. maybe a Postmaster General could.

And, there are conditions on each State's allowing carry in their State Parks, such as it may need to be open carry etc etc etc.
But those brown states are States that don't allow carrry in their State Parks, just the National Parks/Wildlife Preserves, US Fish and Wildlife areas, US Forestry Service areas ... etc etc, but not State Parks (nor USACE areas anywhere).

Whether or not the map is up-to-date, I dunno, I'm out of town a couple weeks vacationing in North Texas on a borrowed computator :???:

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Tue Jun 15, 2010 5:26 am
by stevie_d_64
Some Tennessee counties are "opting" out of this and reinstating bans in their parks, in some counties...

Apparently some "boards" in those counties are ignoring a persons right to keep and bear arms, and doing so as un-elected bodies...

I just posted a quick thread about this particular issue in the "Other States" directory in this forum..."Williamson County"

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Tue Jun 15, 2010 10:45 am
by old farmer
:tiphat:
What about RV's in the parks own by county in Texas?

Re: State Park Carry--Am I missing something, or did NRA goo

Posted: Tue Jun 15, 2010 2:47 pm
by RPB
inside the RV and en route from RV to car/truck (but not back?) the Motorist Protection Act applies and no license would be needed.

UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
Sec. 46.02.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters .....
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

.... generally for licensees, county parks will be ok if owned by the county anyway, (though there is an OLD attorney general opinion regarding county parks which was written before the MPA went into effect which says under some circumstances a county park could at that time prohibit firearms, though the OLD 1995 and 2001 opinions don't hold much water nowadays since a lot of legislation happened since then , especially in 2003, 2007 and 2009, in support of the good guys such as Tex. Local Gov't Code ยง229.001 (regarding CITIES/Municipalities).
And Penal Code 30.06 (as amended by Senate Bill 501 in 2003)
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
http://www.statutes.legis.state.tx.us/D ... .htm#30.06" onclick="window.open(this.href);return false;

Other posts regarding county/city/governmental property parks which are NOT owned by the USACE:
viewtopic.php?f=7&t=27068&p=308882&hili ... rk#p308882" onclick="window.open(this.href);return false;

viewtopic.php?f=7&t=21320&p=242501&hili ... rk#p242501" onclick="window.open(this.href);return false;

=======

(OLD-not applicable nowadays since laws changed, but if you enjoy history) Attorney General Opinions:
http://www.oag.state.tx.us/opin/opinion ... adingID=49" onclick="window.open(this.href);return false;
Concealed handgun licensee, governmental unit may bar entry onto its property of licensee by erecting sign in accordance with criminal trespass statute JC-0325
Concealed handgun licensee, governmental unit may not prohibit carrying of weapon by licensee except in accordance with statute JC-0325
(2001 opinion)
http://www.oag.state.tx.us/opinions/opi ... jc0325.pdf" onclick="window.open(this.href);return false;
older opinions:
City or county park, licensed carrying of concealed handguns in DM-0364 (1995 opinion)
http://www.oag.state.tx.us/opinions/opi ... dm0364.pdf" onclick="window.open(this.href);return false;
Concealed handguns, whether governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statute LO95-058
(1995 opinion)
http://www.oag.state.tx.us/opinions/opi ... 995058.pdf" onclick="window.open(this.href);return false;