Open Carry In State Park

[Guest robert83]

Not sure if what my coworker told me today was true. I really don't think it is. He told me that you can open in a TN state park without a permit ( It is either a tn park or federal park). The park is out in the sticks. Is this true at all? Because I am a permit holder and went through all the classes I thought that was not the case. He then proceeded to tell me that because he had a hunting license he could. Apparently some local cop told him that he could. I don't want to see this guy go to jail so I would appreciate any imput.

[Falcon1]

My understanding of the law is the same as yours (IANAL, however). Open carry is legal in a state park if one has a permit, but not otherwise.

[deafdogdief]

Same as above. Why push the limits?

[Guest robert83]

I thought i was correct. It would hurt my store if he missed a day because he was locked up. lol

[ttocswob]

Hunting is an affirmative defense, assuming the park is open to hunting, with the proper license, in season, and carrying an appropriate weapon for the type of game.

[Guest Ssmo]

Based on handgunlaw.us State Parks are open to carrying.

Effective

7/14/2009. State Park Carry Changed to Yes effective immediately. Local City/County Parks can be posted.

[JayC]

Based on handgunlaw.us State Parks are open to carrying.

Effective

7/14/2009. State Park Carry Changed to Yes effective immediately. Local City/County Parks can be posted.

That is with a HCP.

[Guest 270win]

Yes....if you are say hunting.....you can carry a handgun that is appropriate for the game in season as long as you have a hunting license and at a state park open for hunting. YOu do not need a handgun carry permit to carry a handgun when hunting. For example...you may carry a 22LR handgun while squirrel or rabbit hunting in addition to a shotgun loaded with birdshot or a 22LR rifle....or just use the 22LR handgun. You can carry the handgun openly or concealed.....do check though what the state park allows in the WMA area....Chickasaw allows centerfire/rimfire/shotguns....thus you can carry a hunting legal handgun while at Chickasaw State Park in the WMA area.....while Meeman-Shelby Forest only allows shotguns for hunting....so if you don't have a handgun carry permit...it would not be legal for you to carry a handgun while hunting at Shelby Forest.

Read your Game Reg Book real well and when you go to the park get a map. If you don't have a permit...you won't be able to carry a handgun in the park park area.....only in the designated hunting area of the park or as I call it Wildlife Management Area.

Now as far as your cabin or camper at the state park.....I would assume criminal law wise...that is treated as your home and you can have a loaded firearm in those without a permit...but you may be breaking some sort of park reg....then again who searches out campers and cabins when you are sleeping in them at night??? Kind of takes a warrant to do that. Have fun!

[Oh Shoot]

That is with a HCP.

Correct, must have HCP to carry in state park. I can't find the law itself (WISH MICHIE WOULD UPDATE!), but from TN state parks site at:

Tennessee State Parks: Policies

(see number 4):

Exceptions to weapons prohibition provided below. In park, natural, and historical areas the use of traps, seines, handthrown spears, nets (except landing nets), firearms (including air and gas powered pistols and rifles), blow guns, bows and arrows or crossbows, and any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life is prohibited. The possession of such objects or implements is prohibited unless they are unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent their use while in the park areas.

• Exception 1: Shooters may use recreational target shooting ranges available for skeet, trap and bow and arrow target shooting within a park area as long as these weapons are properly cased when not on the range.
  
• Exception 2: Authorized Federal, State, County and City law enforcement officers may carry firearms in the performance of their official duties.
  
• Exception 3: Persons using park area facilities while participating in authorized open or managed hunts within the park areas or beyond, may use and possess firearms under the specific rules and regulations pertaining to the authorized hunt and only in the authorized hunting zones or compartments.
  
• Exception 4: While State Parks' rules and regulations prohibit firearm possession and use, Public Chapter 428 of 2009 created an exception in state firearms law that allows individuals with a valid "carry permit" under TCA § 39-17-1351 to carry a handgun within the boundaries of all state parks. While this new law makes an exception for possession, it does not make exception to the use of a firearm. Discharging a weapon in non-designated areas of our parks is still an offense. If a permit holder fires a weapon in self-defense, the holder bears the burden of proof to avoid potential charges under "prohibited firearm use."
  

- OS

[Fallguy]

razorback2003 has it right. If you are able to legally hunt in the state park with the handgun at the time, you would not need a permit to OC the handgun. If you are just there and carrying you can OC, but you will need a permit.

AFAIK when national park carry is legal, you must CC.

[Falcon1]

I concur that if one is hunting during handgun hunting season, one's hunting license covers that use. Somehow, when I saw the term "open carry," I didn't think of hunting....