Concealed carry laws are a patchwork of federal law overlaying 50 different state laws. The rules can be confusing, and each jurisdiction has its own rules. So what are the rules about concealed carry when you’re in a national park?
Do national parks allow concealed carry? Yes, there is no prohibition against concealed carry in national parks, although you may still be subject to state laws. And even if concealed carry is permitted, there are still restrictions on what you can do.
What does the law say?
The regulations about concealed carry in national parks can be found in the oddest of places. The policy was actually tucked into CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE ACT OF 2009. Section 512 of the Act states, in part:
(b) P ROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS
IN UNITS OF THE NATIONAL PARK SYSTEM AND THE NATIONAL WILD-
LIFE REFUGE SYSTEM.—The Secretary of the Interior shall not
promulgate or enforce any regulation that prohibits an individual
from possessing a firearm including an assembled or functional
firearm in any unit of the National Park System or the National
Wildlife Refuge System if—
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with
the law of the State in which the unit of the National Park
System or the National Wildlife Refuge System is located.
There are a couple of things to see here, so let’s unpack it a little bit. First off, there is a blanket prohibition prohibiting the Secretary of the Interior (whose Department includes the National Park Service), from creating any new, or enforcing any existing regulations prohibiting the possession of a firearm on any public land administered by the NPS.
Caveats
There are two important caveats, however. If someone is prohibited by law from possessing a firearm, then the Department of the Interior can enforce regulations prohibiting them. Persons prohibited by law may include convicted felons, someone in the country illegally or under a non-immigrant visa, certain misdemeanor domestic violence perpetrators or people fitting in one of several other categories. You can see a complete list the Bureaus of Alcohol, Tobacco, Firearms and Explosives website.
The second caveat is that any prohibition is subject to the state law wherein the park is located. If the possession of a firearm is in compliance with the state law, there can be no further prohibition. As such, the possession of firearms, and by extension concealed carry, will vary from park to park depending on what state it is in. Also, there are couple of parks that cross state lines. Yellowstone National Park is mostly located in Wyoming, but part of the park lies in Montana and part in Idaho. Great Smoky Mountains National Park lies partly in both Tennessee and North Carolina. So there may be parts of both parks where the law changes depending upon which state you’re in.
Since concealed carry laws are different for every state, you’ll need to make sure you research the laws before you enter the park with a firearm. For instance California, which has nine national parks (more than any other state), requires a person to have a concealed carry license and be at least 18 years of age. And although it has reciprocity with some other states, you’ll want to check closely as you could be charged with a misdemeanor or, in some instances, with a felony for violating the law.
On the other hand Alaska, which is second in the nation with eight national parks, does not require a concealed carry permit for anyone over the age of 21.
Utah, which comes in third with five national parks, recently eliminated its licensing requirement for concealed carry for anyone 21 or older who is not otherwise prohibited from carrying a firearm.
Restrictions
Firearms in National Park Buildings
Regardless of whether or not each park allows firearms, you can’t take your firearm everywhere in the park. According to the National Park Service
“Unless expressly authorized, Federal law prohibits the possession of a firearm or other dangerous weapon in NPS facilities. These buildings include, but are not limited to, government offices, visitor centers, ranger stations, fee collection buildings, and maintenance facilities.” 18 U.S.C. 930.
Using Firearms in National Parks
Although you’ll be able to bring a firearm to a national park, there is a prohibition on using it while you’re there. According to the NPS
“Unless authorized, the use or discharge of a firearm within a park area is prohibited. 36 CFR 2.4(b) and 13.30(c). In parks where hunting is specifically mandated or authorized by federal statute, firearms may be used to hunt in accordance with NPS regulations and state laws.” 36 CFR 2.2.
The Park Service also discourages people from using firearms as a protection from wildlife. If you think you may encounter dangerous wildlife while in the park, there are other effective and non-lethal ways to deal with the danger. Not to mention that having a firearm is not guarantee that you will kill or even slow down a charging bear. In fact, the situation could be exacerbated. Taking precautions, being aware and having bear spray are a better plan than trying to take out a bear with a gun. Not to mention that you could be charged with a crime for killing wildlife, regardless of how threatened you may have felt.
Hunting
Along those lines, you’ll want to know that hunting is not permitted in most national parks. Some national parks have adjacent preserves where hunting is allowed, but even in those you’ll oftentimes need permits and there are strict limitations as to what and when you can hunt. Make sure to carefully read the rules and secure the necessary permits for the park you’re visiting. Violations can cost you significant money and possibly even jail time.
Target Practice
Another activity prohibited is target practice. The ban applies regardless of what state the park is in, so if you have a firearm and you want to practice, you’ll have to find another alternative.
Alternatives
BLM Land
One alternative, is to practice in a national forest or on land administered by the Bureau of Land Management (BLM). National forests are administered by the Department of Agriculture and are not subject to the same restrictions as land administered by the National Park Service. There is no blanket prohibition, although each park or areas may have its own rules. BLM land generally has fewer restrictions on use in undeveloped areas. According to the BLM:
“Target shooting is generally allowed on BLM-administered public lands, as long as it is done in a safe manner and without damaging natural or cultural resources or improvements on public lands. Discharging or using firearms, weapons, or fireworks is not allowed in developed recreation sites, including parking lots, unless they are specifically designated for that purpose.”
The BLM does have some basic rules for target shooting, including:
- Never shoot from or over any road or highway.
- Always use a safe backdrop.
- Do not use plastic pellets, tracer rounds, exploding rounds, or steel-core rounds.
- Do not attach targets to plants or place targets against rocks, plants, or solid objects. It is illegal to deface or destroy trees, signs, outbuildings, or other objects on federal lands.
- All targets, shell casings, debris and trash must be removed.
And one of the great things about some of these areas is that they are oftentimes close to or adjacent to national parks. So you can enjoy the park, leave for target practice where it’s legal and then return to the park.
There are national forests and BLM lands near some of the most popular national parks. You’ll find BLM administered lands near Arches National Park and Yellowstone. For example, if you’re visiting any of Utah’s five national parks (including Arches), you’ll also find that the BLM offers approximately 23 million acres for recreational shooting in the state. Near Yellowstone, in Wyoming, you’ll find the popular Clarks Fork of the Yellowstone. There are, of course, several other areas you may be able to find close to the park you’re visiting.
State Parks
Finally, another alternative on public land is state parks. As you may have guessed, rules vary widely from state to state and sometimes from park to park, so it’s always important to make sure you’re following all of the laws and regulations for the area you’re in.
