Cherokee National Forest question

[RRMan03]

Is it legal to carry a handgun or long gun in the Cherokee National Forest? If not what law determines this. Where I see a conflict is the Cherokee in Forest Service Land but it is also a Tennessee WMA. In states out west carrying in the National forest is perfectly legal and of course they are all hunting units. My question is doess Federal law or state law apply and if so what laws? Thanks for anyones help who can sort this out.

Let me add I have a HCP so is it also different for a HCP holder than everyone else?

Edited May 20, 2009 by RRMan03
HCP question

[RRMan03]

I see everybody knows as much as I do.

[Fallguy]

I'm not really famillar with Cherokee National Forest.

AFAIK carry in a National Forest is not prohbited by Federal Law, however I keep hearing that TN has a law against carry in National Forest, but I have never been able to find anything that specifically says that.

As far as TN law on Wildlife Refuges that is addressed in 70-4-117

[Guest Whiskers]

I will be there this Saturday and will ask a park ranger (if I see one) what the current status is. Hopefully, I can get an informed answer. If not, I do know the person in charge of the Hiwassee and Ocoee areas. I do know they have a season for bear hunting in the forest.

Edited May 21, 2009 by Whiskers

[Guest Swamprunner]

I carry when I'm up there, especially when I have my grandson with me. I have ran into a noumber of folks who carry while on the river as well. If you MYOB and don't act the fool, no harm, no foul. The problem is, there are a few low lifes up in those parts who like to act up and get in your face from time to time. It was really bad on holiday weekends when we would trout fish while the state line was open the off-roaders. A FEW if these types are prone to getting loud and liquored up and present a few problems for the families trying to have fun. I say carry. Better to be judged by twelve, than carried by six. (or in my case eight).

[oldogy]

<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD>70-4-117.

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=12></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD><!-- Text -->

</TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD>(a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections ( and ©.

</TD><TD></TD></TR><TR><TD colSpan=3>Something wrong with this law as written. I read it as a person is guilty of hunting just by having a gun in their possession. Big game hunt with a handgun:rolleyes: Oh well, I've always thought the only thing common between many laws and logic is the letter 'L'.

oldogy

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[JayC]

In the TWRA's mind it's to prevent poaching... because being able to charge you foir having a deer out of season doesn't catch enough criminals

The current parks bill will if passed will make ti legal to carry in National Forrest as well as State Parks as currently written. WMAs on the other hand will still be off limits (supposedly going to be addressed in future bills).

Not sure what that means for Cherokee NF, my guess is it's a NF and by law you will be able to carry there if the parks bill passes.

<table border="0" cellpadding="0" cellspacing="0"><tbody><tr><td>70-4-117.

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</td><td>(a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections ( and ©.

</td><td>

</td></tr><tr><td colspan="3">Something wrong with this law as written. I read it as a person is guilty of hunting just by having a gun in their possession. Big game hunt with a handgun:rolleyes: Oh well, I've always thought the only thing common between many laws and logic is the letter 'L'.

oldogy

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[RRMan03]

Now you know the problem.The Cherokee NF is a WMA. And I assure you it is not legal to have a gun in the forest. I just asked the question to see if everybody is a confused as I am. You will get arrested if you are in possession of even ammo and no gun if stopped and searched. It is a real sore subject over here. You will not find many gun owners who are very fond of the Forest Service. I wish it were different but until it gets cleared up by some real laws we will stay in a state of confusion. The problem is the National Forest being desiginated a Wildlife Management Area by the state. 2 different sets of laws and rules. so which ones apply. Ask the Forest Servoce and they will tell you one thing and a game wardwr will tell you another.Get a state park person involved and now you have 3 oponions. Someone please research and tackle this issue that is more versed on the laws than I ever hope to be.

[Guest nraforlife]

IF your smart and carry deep concealed NOBODY knows. If they find out its because you had to use it and then its oh well at least your alive.

[Guest Whiskers]

I talked to a Tenn Park Ranger today. What he said does not answer the question. He said that the area commonly known as the "put in" on the Ocoee River (where the commercial rafting companies offload for rafting on the "middle" section is under state control (even though it is inside the Cherokee National Forest) and concealed carry is definitely not legal there (or is it?). I'm still confused.

However, he stated that the Olympic Section is under federal control..... even though the state park rangers patrol there... (confusing... huh?). Also, the upper "put in" is under federal control.... and state park rangers patrol there. There is a hunting season for bear in certain federally controlled areas in the forest, but the season does not coincide with the rafting schedule. I have on separate occasions seen hunters on the road at the "upper put in" (during the "off-season for rafting).

This ranger said he is not interested in harrassing people who might be carrying, but he only spoke for himself.... and made it clear that other rangers had differing opinions.

After the bear attack that resulted in the death of a 6 year old girl about three years ago (in the Cherokee National Forest), a group of people including rangers and firemen were searching for the bear. One of the firemen took a shot at a bear with a .380 (what was he thinking?). I don't recall that he suffered any consequences after the fact. This was reported in a newspaper.

Today I read in the paper that the NPS carry provision will not be in effect until Feb. of 2010... which leaves plenty of time for some left wing federal judge or Holder to cook up another scheme to void the new law.

Edited May 23, 2009 by Whiskers

[victorcharlie]

I've had this conversation several times with several TWRA officers as well as the Federal forest rangers. First, there are 640,000 acres of the Cherokee National Forest. It spans from the Georgia state line to the Great Smokey Mountains. I spend a fair amout of time backpacking in the forest. There are less than 12 law enforcement officers patrolling the Cherokee. If you stay away from the major rivers,(tellico,Hiwassee, and Ocoee), out of Gee Creek state park, and off the rifle range, you'll probably never see them. All of the Cherokee is a Wildlife Management area and thus handgun carry is prohibited. In all likelihood, if you're backpacking with your family, and do encounter a leo, they probably won't see your handgun. (wink, wink). Now, if your shining a spot light at 2 in the morning they probably will. I've contacted my state rep, and emailed Senator Beavers, encouraging them to address this issue. As a former gun counter employee, most all the people I've talked with tell me they carry in the Cherokee.

[RRMan03]

And it goes on and on. Trust me if they find a gun in your possession you will take a trip to the jail house.Guilty until proven guilty. Had a conversation with a LEO from a western state and they could not believe that was even in question.Said it would be a shock to find someone not carrying in the National Forest out there. Tennessee is so worried about the 6 deer that live on the WMA's that they wantto make everybody into a poacher. Heres a tip. Poachers do not hunt the mountains they hunt where there are actually deer and turkey. The only thing that can be poached in the Cherokee is probably a meth dealer.

[RRMan03]

Also it is amazing how well the people who enforce the rules know them. NOT.

[Guest Rando]

I live in the Eastern part of Cocke county and we have a lot of the Cherokee NF land along the State line. The Mountains here are under the TWRA and the Forestry service police and they will stop you for NO reason and check you out regardless of time of year. To carry or not is up to you but it better fit in your crackoless if you want to hide it from them. They will give you some goofy reason to check you and your vehicle to make it seem legal and have completley taken vehicles apart( more or less) to search them. I have a friend that had his seats pulled out and everything, they said they had a report of poaching to make it seem as they had a legit raeson. He was driving back from visiting family with his young daughter and a baby in the back seat,but they knew he was a part of a hunting club and was hoping he would have some kind of weapon with him. This happened on a well traveled back road used as many as a short cut across the Mountain that is a county road(or so I'm told).

[victorcharlie]

Without a doubt, it's against the law, and a leo can enforce the law as he see's fit. I was sorely disappointed to see amendment 3 on the state parks bill. To me it just doesn't make sense, I can carry in a bar, but I can't carry in the forest. I'm not opposed to the bar carry, but do find it odd how the priorities align. Is it just me or does anyone else see this as backward?

[Fallguy]

Without a doubt, it's against the law, and a leo can enforce the law as he see's fit. I was sorely disappointed to see amendment 3 on the state parks bill. To me it just doesn't make sense, I can carry in a bar, but I can't carry in the forest. I'm not opposed to the bar carry, but do find it odd how the priorities align. Is it just me or does anyone else see this as backward?

Amendment 3 removed state WMAs because they are being addressed in another bill.

Amendment 2 which makes the bill, does allow for carry in National Forrest.

[Wingshooter]

I like to camp, hike and spend a lot of time in the woods. I can't think of one time when I have needed a gun in a restaurant, parking lot, or just around town (although I am glad I have had it with me along with my HCP;)).

I do know of a few times in the woods (not necessarily the CNF or WMA) when I have needed one and not had one... rabid acting racoon, a pack of angry dogs (thank God for trees!), and finding myself in close quarters with a bunch of hogs while scouting for deer. Carrying a sidearm while entering the relative remoteness of a forest goes back hundreds of years. It's just a natural piece of survival gear, and it really bothers me that we are told we cannot carry in a National Forest or WMA.

I am hopeful that the state and federal park/forest bills will eventually become law.

Edited May 24, 2009 by Batman