Yes, we hashed through that entire article months ago on here. I think maybe before the crack down even.Originally Posted by ed bell
All those who plan to pass through Mass, read. Pulled right from the Massachusetts general law website. Guess you'll have to deal with the Holes without guns.
Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions
Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.
The A.T. goes thru all kinds of jurisdictions......there are National Parks; State Parks; State Game Lands; preserves; wildlife management areas; other state-owned land; other Federally owned or administered land; privately owned land, etc.
Also, laws are different in each state and the Trail goes thru 14 of them. In many cases, one crosses a line and enters another state without even being aware of it.
But the reality is that unless you a Federal law enforcement officer of great stature (like an
FBI guy, US Marshall, ATF agent, etc.) it is impossible for you to always be in compliance with the law.
Which is another way of saying that if you choose to carry on a thru-hike, you'll almost certainly be breaking the law at some point.
Leave the gun at home.
...time to lose another foolish thread.....
.....Someday, like many others who joined WB in the early years, I may dry up and dissapear....
....Time to stay on topic and add info RE: the OP.....
That's my dog, Echo. He's a fine young dog.
Among the places where it is illegal to carry a gun is inside a post office.
Best not to break the law. In point of fact only 4 or 5 thruhikers have been murdered on the AT, out of many thousands who start each year.
In some states like MA, even carrying pepper spray with out a license can get you arrested!
Why risk it?
Jack, of course, is right -- except for the last five words -- which is an opinion -- though not logically wrong. I really no longer have any objection to people carrying, though I remain convinced that it is simply another needless weight. But those who choose to do so need to recognize that carrying for the length of the trail is impossible without breaking some law at times.
Those who want to chance it, can either hope for a more defining Supreme Court decision before they leave for Springer. Or just gamble, recogniziing that if an incident occurs near the trail, you probably can escape being a suspect, by simply hiding the gun, after carefully wiping off any finger prints.
Weary, who after a busy day finds it difficult to concentrate on such mundane matters.
What? Nothing suspicious about that. Why make yourself look guilty? So they find the gun you hid, they check the registration and then find you. Not only did you make yourself a suspect but you are taking up valuable time in catching the real suspect. Even if you get caught with a gun in a National Park (or wherever) you face a minor charge which faced with a much more serious problem may be overlooked but after you take up the investigation time explaining why you hide the gun and wipe it clean. You will be lucky to clear that up in a few days, probably months if not years to clear up!
WalkingStick"75"
Please keep in mind that this is the Straight Forward section, and the original question is "how illegal is it to carry a gun on a thru hike?"... discussion about RKBA and political terms outside of the scope of the AT will be deleted.
Straight forward answer: The Trail goes through so many different types of places and different jurisdictions that unless one were a very high-ranking Federal official or law-enforcement officer, in many areas, one would be breaking the law if they were carrying a firearm.
How illegal is it to carry a gun on a thru hike?
Straight forward answer: In many places, except for a very few people, it would absolutely be illegal.
That's right. Really, only Federal Law Enforcement Officers don't have the jurisdictional problems. But only those who have unlimited carry authority.
Some Federal officers can only carry when on duty.
For state and local officers it depends on whether or not they have "peace officer" status if they are out of their jurisdiction.
The AT is a National Park isn't it?
Forgive my ignorance, but I thought the AT is a National Park for its entire length. National Parks never allow firearms to be carried by visitors.
Why the complicated state-by-state explanations?
It's not actually a National Park. As it runs along, it runs through land owned by all sorts of entities, from National Parks to State Parks to the Forest Service to a bit of privately-owned land. The laws and regulations of each area apply in each area, affecting carrying guns, building campfires, setting up tents, etc.
If not NOW, then WHEN?
ME>GA 2006
http://www.trailjournals.com/entry.cfm?trailname=3277
Instagram hiking photos: five.leafed.clover
The areas where the trail does not run through public lands are owned by the National Park Service. I was on the trail in Pennsylvania this summer where this was the case. Land was acquired at great expense for the trail. There were signs all over the place saying, in effect: "National Park Service land, no firearms allowed in the corridor".
out of sight, out of mind.
What does that mean, please?
if the gun is out of sight, who's gonna know if you're carryin'? signs mean nothing. hell, 55 MPH means 75 to most
The federal regulation prohibiting carry of firearms in NP's(and wildlife refuges) was repealed/modified to allow carry of concealed weapons by persons who could otherwise legally do so in the state the NP lies within. This rule change occurred toward the end of the Bush admin, was enacted by the former Sec of the Interior, and took effect in early January. Carry of concealed defensive firearms in NP's is now based upon the firearms/weapons/concealed carry laws of the state in which the NP is located.
The law(36 CFR and 50 CFR amended): http://www.doi.gov/issues/NPS_FR_PDF12-9-08.pdf
EDIT: Note that, in addition, under the federal LEOSA act, law enforcement officers from any US jurisdiction(fed, state, local), both active and retired, who meet the LEOSA qualification standards, are considered to possess the concealed carry rights of a private citizen under all applicable state laws(but not necessarily federal law). For example, a retired NH policeman who meets the Leosa standard, may carry in all 50 states, including such as NJ, NY, etc, -- but is otherwise subject to the laws of that state as if he were a private citizen--he does not enjoy status/protection of an LEO acting on duty. Also note that under the previous NP regulation that was repealed, LEOSA did not exempt carry in NP's by active or retired LEO's, as that was a fed regulation.
The law: http://www.law.cornell.edu/uscode/18...6---B000-.html
http://www.law.cornell.edu/uscode/18...6---C000-.html
Last edited by 4eyedbuzzard; 02-14-2009 at 09:48. Reason: Added link to amended CFR's
"That's the thing about possum innards - they's just as good the second day." - Jed Clampett
Exactly. I've got a carry book somewhere that lists reciprocal laws and such. There are states where it is illegal to carry on a thru - like New Jersey where it can be illegal just to have hollow point bullets in your possession. We are not even talking how illegal it is to have a gun.
SGT Rock
http://hikinghq.net
My 2008 Trail Journal of the BMT/AT
BMT Thru-Hikers' Guide
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NO SNIVELING
Please also note that as one of his first official acts Obama put ALL of the previous administrations actions on "hold for review" (It's a common practice for incoming Presidents). The repeal of the National Parks restrictions was one of the actions so held. So in effect the law has been sort of "un-repealed" as of now. I'm not sure how the process works things like this out.
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