With more than 2 black bear per square mile and around 900 miles of hiking trails and roadways in the Great Smoky Mountains national park, your chances of having a bear encounter up close or from a distance are quite good. Because of this many hikers and campers carry cans of bear pepper spray they have purchased from either outfitters or online.
Regardless of what these stores or web sites are telling you, it is ILLEGAL to carry, posses or use any form of bear spray, pepper spray, mace or any other irritant gas spray in the Great Smoky Mountains national park. This is not just a "park rule" but a weapons law on federal property - not something you want to break at any cost.
Don't kill the messenger as I was in complete shock when I learned of this through the kindness of a park employee who read on one of my web sites my recommendation to purchase and carry bear spray when hiking or camping in the Great Smoky Mountains national park.
It's pretty obvious to anyone who hikes or goes camping in the Great Smoky Mountains national park that it is against the law to have a loaded firearm in the park. There are signs at every trailhead and this general rule - make that law - applies to most national parks.
The fact that guns are prohibited from the Great Smoky Mountains national park also appears on the back of park maps, in written park literature, is stated in lectures given by both park personal and volunteers and on the parks web site.
What is virtually impossible for the average park visitor to find anywhere is the fact that you can not carry bear spray or on your person - that includes in your backpack while in the park.
Even more confusing is the fact that if you do a general search on the Great Smoky Mountains national park web site under "National Park Service for the term "bear spray" it describes the use of bear spray in other national parks.
Yesterday I went to a handful of local outfitters or their web sites in the Gatlinburg, Pigeon Forge and Sevierville area and they all have bear pepper spray for sale. When I asked not one told me I could not carry bear spray in the park.
As a mater of fact one of the best known outfitters in Gatlinburg whose store is so close it is almost in the GSM national park has on their web site "Bear Spray & Personal Protection For A Safe Hike In Great Smoky Mountains National Park Or In Your Own Neighborhood".
To be further confusing many other companies online, web sites, hiker forums etc all advocate the use of Bear Pepper Spray in national parks - often specifically referencing the Great Smoky Mountains national park.
As mater of fact it is also used as a reason why guns should not be needed against a bear attack in a national park. I myself recommended it many times as a viable non lethal alternative to guns with a far lower chance of serious collateral damage to others.
I see Appalachian Trail through hikers in the Great Smoky Mountains national park as a group unknowingly breaking this law quite regularly and since their travels take them through various jurisdictions with varying laws they are at a greater risk of being caught up in breaking this weapons law on federal property.
In case you are wondering what the exact law is and if it has been misinterpreted by me here it is:
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents
Sec. 2.4 Weapons, traps and nets.
(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:
(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net
Definition of a weapon is described below:
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 1_GENERAL PROVISIONS--Table of Contents
Sec. 1.4 What terms do I need to know?
Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located.
If you have purchased bear pepper spray through one of my web sites for use only in the GSMNP and you wish to return it, contact me through the site and I will arrange for you to be able to return it for a full refund.
If you own bear spray, don't bring it into the Great Smoky Mountains national park and I suggest you call any other place you wish to carry it before you bring it there.
If you are not happy with the law banning the use of Bear Spray in the GSMNP, don't harass the park employees, complain to your congressman or Washington.
As for my recommendation to the national park, I would consider adding a written notice that bear spray or any irritant gas device is illegal to posses in the GSMNP on:
- Park bulletin boards - the first one being at the beginning of the AT in Fontana.
- The black bear page on the parks web site
- Printing it on future bear, hiking and camping literature
- On the back of future issues of park maps where other park rules are located right next to where it says firearms are prohibited.
There are questions as to the effectiveness of Bear Spray and well as potential safety issues for those not properly trained in its use.
I also as that if you have a hiking or camping forum you post in, blog, MySpace or Facebook page you let others know about this law by linking to this page at:
http://yoursmokies.blogspot.com/2009/04/is-bear-pepper-spray-legal-or-illegal.html
As always comments are not only welcome but encouraged.
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