Are Guns Legal in the Great Smoky Mountains National Park? They will be in just a few days...

The Great Smoky Mountains National Park along with other park service units will be allowing some park visitors to carry a gun as part of the credit card reform bill starting February 22nd 2010.

Will it be legal or illegal for you to carry a gun in the GSMNP or in other national parks? Here is the official park statement so you can decide for yourself:

GSMNP statement about firearms in national parks: Concealed Firearms Regulations As of February 22, 2010, a new federal law allows people who can legally possess firearms under applicable federal, state, and local laws, to legally possess firearms in this park. It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. As a starting point, please visit the federal Alcohol, Tobacco and Firearms website and select the state that you are interested in from the list on the right side of the page. More specific information about state permit regulations can be obtained on the following websites: North Carolina Tennessee Federal law also prohibits firearms in certain facilities in this park; those places are marked with signs at all public entrances. Additional Information for North Carolina permit holders: The permit holder must have the permit together with valid identification whenever carrying a concealed handgun, and must disclose to any law enforcement officer that they have a valid permit and are in possession of a concealed handgun when contacted. The permit and proper identification must be presented to a law enforcement officer upon request. Carry of Shotguns and Rifles The possession of long guns, specifically shotguns and rifles shall be in accordance with North Carolina state law. See the North Carolina website listed above for more information. Reciprocity North Carolina recognizes certain out-of-state concealed handgun permittees to carry concealed handguns, if the person’s respective state also grants such privilege to North Carolina concealed handgun permittees. The list of states granting such reciprocity is constantly changing. Out-of-state permittees should refer to the North Carolina Department of Justice’s website at www.ncdoj.gov for a current listing of those states which are allowed to carry, pursuant to their concealed carry permits in North Carolina. To possess a concealed handgun in North Carolina, out-of-state holders must: Carry their permit and a valid form of identification at all times. When approached or addressed by any law enforcement officer in North Carolina, disclose the fact that they have a valid concealed handgun permit. Inform the law enforcement officer that they are in possession of a concealed gun. Present both the permit and valid identification at the request of the law enforcement officer. Additional Information for Tennessee permit holders: The permit holder must have the permit in their immediate possession at all times when carrying a handgun and must show the permit at the request of a law enforcement officer. Carry of Shotguns and Rifles The possession of long guns, specifically shotguns and rifles shall be in accordance with Tennessee state law. See the Tennessee website listed above for more information. Reciprocity Tennessee recognizes a facially valid handgun permit, firearms permit, weapons permit, or a license issued by another state according to its terms, and will, therefore, authorize the holder of such out-of-state permit or license to carry a handgun in the state of Tennessee. This means that the state of Tennessee will recognize any state’s valid permit or license, even if Tennessee does not have a written reciprocity agreement with that state, and even if that state does not recognize a Tennessee permit. Individuals must be in possession of the permit or license at all times while in possession of a handgun in Tennessee. Until the new regulations take effect on February 22, 2010, carrying concealed firearms is not allowed and all possession of firearms within National Park Service lands must be in accordance with 36 CFR 2.4, which states firearms must be "rendered temporarily inoperable or are packed, cased or stored in a manner that prevents their ready use." ...End Of GSMNP Statement on Firearms in the Park

Please be advised I am not a lawyer or offering legal advice. The last time the law about guns and firearms in national parks was revoked and they were made illegal again, the national park service did not make any public announcement of the change therefore anyone who is accessing this information should check with the national park service and state authorities to see if it is still valid.

States with NC and/or TN Concealed Weapons Reciprocity Agreements (subject to change without notice)
Alabama NC only Alaska NC and TN Arizona NC and TN Arkansas NC and TN Colorado NC only Delaware NC only Florida NC and TN Georgia NC and TN Idaho NC only Indiana NC only Kansas NC only Kentucky NC and TN Louisiana NC and TN Michigan NC and TN Mississippi NC and TN Missouri NC only	Montana NC only New Hampshire NC and TN North Carolina TN North Dakota NC only Oklahoma NC only Ohio NC and TN Pennsylvania NC and TN South Carolina NC and TN South Dakota NC and TN Tennessee NC Texas NC and TN Utah NC only Virginia NC and TN Washington NC only West Virginia NC and TN Wyoming TN only

Official Link to TN Firearms Regulations
Official Link to NC Firearms Regulations

I was personally under the impression that only concealed carry with a valid permit was what was going to be legal in the Great Smoky Mountains national park staring on February 22nd 2010.

Unlike the last time that firearms were legal in the GSMNP for a few weeks in 2009, apparently now there will be open carry in some national parks including rifles and shotguns as they are specifically listed in the park statement above.

I cannot answer how having very visible shotguns and rifles will play out in the Great Smoky Mountains national park at this time. I can say that for many people who have come to the GSM national park in the past, seeing highly visible firearms may not only be disconcerting, it will also lead to a rangers potential confusion as to a visitor's intent in the park.

Do out of state visitors without concealed weapons permits have to right to open carry long guns in the Great Smoky Mountains national park? What about handguns? If not, can concealed weapons permit holders from a state with reciprocity agreements open carry long guns and or handguns in the Great Smoky Mountains national park?

Some other questions remain such as do you have to announce that you have a concealed weapon if you just pass by a ranger on a trail or one walks up and greets you? Do you have to only announce concealment to a Protection Ranger or do interpretive rangers along with other uniformed park staff count as well?

Since the Great Smoky Mountains national park is in both NC and TN - 2 states with different weapon laws and these borders are not at all clearly defined except at Newfound Gap, will each part of the park have different laws based upon the location of a visitor and his state of residence? Obviously from the chart of Concealed Weapons Reciprocity Agreements above there are huge difference between North Carolina and Tennessee.

Other very interesting questions about how this new law will effect visitors to national parks and staff around the country is presented here.

Even if and when it is legal for you to have a gun in a national park, there are some places where firearms are prohibited such as visitor centers, ranger stations and office buildings. This is not a complete list of where guns are prohibited in a national park (which will also vary by state) so please check with the park service first. In the past, the national park service did have signs at these locations showing that firearms are illegal.

Remember even though some guns will be legal to carry in some parts of the Great Smoky Mountains national park, hunting is not.

Lastly if you want to protect yourself against a black bear attack in the GSMNP you should not use a gun but use bear pepper spray which is legal for use in the Great Smoky Mountains national park and is much more effective and safer to use as well.

Related New Stories on Guns in National Parks:

• Guns now legal in Great Smoky Mountains national park as of 02-22-10
• Guns are still not allowed in the Great Smoky Mountains national park
• Guns stay out of the Great Smoky Mountains national park but may soon enter TN State parks
• Guns No Longer Allowed in the Great Smoky Mountains National Park – Again
• Bear Spray is now legal in the Great Smoky Mountains national park

Comments are welcome and encouraged. When it comes to gun laws and/or restrictions, tempers on both sides of the issue often flare but lets keep it civil or they will not be posted.

Bear Spray: Now Legal to Carry and Use in the Great Smoky Mountains national park.

Though I was waiting for months for the official announcement that bear spray would be legal in the Great Smoky Mountains national park, it was a sharp reader of this web site that brought to my attention the fact that the National Park web site now states bear spray is allowed in the GSMNP.

Months ago I started and became the center of a huge controversy about bear spray when it was brought to my attention that Bear Spray was illegal in the Great Smoky Mountains national park. Questions about misleading, conflicting and confusing visitor information as well as selective enforcement made matters worse.

Bear spray is far more effective that firearms are in a bear attack which by that way, even though there are more than 2 bear per square mile is extremely rare in the Great Smoky Mountains national park.

Since bear spray is far more effective than guns and the chances of collateral damage is far lower, it made perfect since to legalize bear spray since firearms will be allowed in national parks in February 2010.

While I was advised by park officials in late spring that the bear pepper spray law was going to change, I waited until the official announcement from the park to advise my readers about the change in the bear spray law as I did not know exactly when it would become legal.

No news of the change in the bear spray law was ever released publicly; instead a paragraph about bear spray and its legality and use in the Great Smoky Mountains national park was inserted in the GSMNPs hiking page.

Bear Spray (pepper spray formulated for bears) should be only used in an emergency against an attacking bear and not used to keep bear away from campsites or other place you wish to keep bear away from. Spraying an area with bear spray may even attract bears them rather then repel them as they will want to examine what the strange scent is and where it is coming from.

Bear Pepper Spray is only allowed in the Great Smoky Mountains national park for "the strict purpose of protection against bodily harm from aggressive wildlife". It must also contain between 1% to 2% of the active ingredients capsaicin and related capsaicinoids and be commercially manufactured and labeled as "Bear Pepper Spray".

I stumbled into something that made some people working in the park and some locals who refused to comply with the law all along unhappy. While my tenacity about getting to the bottom of this matter may have angered some, they do know my love for the park and how resource protection and public safety are for more important to me than not making waves. I hope that those who I may have aggravated understand my good attentions.

Though I plan to never use it, bear spray will now be part of my hiking gear. I hope that people who will purchase bear spray will learn about it, try it and only use it when absolutely necessary (which in the GSMNP should be almost never).

Just because you are allowed to have a can of bear pepper spray when hiking in the Great Smoky Mountains national park does not mean that you can ignore food storage rules, comply with staying away 50 yards away from bear or using common sense around wild animals.

Just as bear spray is now legal in the Great Smoky Mountains National Park, if abused the park may take this right away just as they had to remove chain link fences from shelters as people abused the fences and would throw food out for bears. Be responsible!

Related Stores about Bear Spray and Black Bear

• Bear Spray is now legal in the Great Smoky Mountains national park
• Great Smoky Mountains National Park Black Bear encounter
• Is Bear Pepper Spray Legal or Illegal in the Great Smoky Mountains National Park?
• Bear become bolder in the GSMNP and questions remain about bear spray
• Clarification finally made by Great Smoky Mountains national park on Bear Spray
• Great Smoky Mountains National Park Official Statement on Bear Spray
• Black Bear in the Great Smoky Mountains Safety Information

Guns are still not allowed in the Great Smoky Mountains national park – at least not yet...

Firearms that are loaded have been long banned from the Great Smoky Mountains national park since President Regan signed into law that guns in national parks must be unloaded and inaccessible.

Now thanks to bill just signed into law, over the dismay of most citizens, law enforcement personnel, fraternal order of park rangers and retired rangers, guns will no longer be illegal in the Great Smoky Mountains national park in late February 2010.

Until late February 2010, concealed weapons and loaded firearms of any sort are still illegal in the Great Smoky Mountains national park (GSMNP) and along the Blue Ridge Parkway (BRP).

The Department of the Interior now has 9 months to get their act together in order to figure out all of the ramifications of this law especially since the GSMNP and the BRP both have multi-state jurisdiction issues.

To make matters even more interesting, the law depends upon the state law in which the national park and the visitor with a gun is located. Since the Great Smoky Mountains national park is located in Tennessee and North Carolina with the border marked clearly in only 1 place in all 800 square miles, I think the park has their work cut out for them.

Acting Director Dan Wenk made the following statement: "As Interior prepares to implement the new law, the Department will work to understand and interpret its implications for our national parks, with public safety and the safety of our employees as our foremost consideration."

Of course, one can only hope that that a law snuck underhandedly into a credit card reform bill will get struck down as the last one Bush passed did since none of the environmental issues, safety issues and the overwhelming majority of citizens who visit do not want guns to be legal in our national parks has not changed.

Just think, the Great Smoky Mountains national park did not even want bear spray to be legal in the park!

Related New Stories on Guns in National Parks:

• Guns now legal in Great Smoky Mountains national park as of 02-22-10
• Guns are still not allowed in the Great Smoky Mountains national park
• Guns stay out of the Great Smoky Mountains national park but may soon enter TN State parks
• Guns No Longer Allowed in the Great Smoky Mountains National Park – Again
• Bear Spray is now legal in the Great Smoky Mountains national park

Great Smoky Mountains National Park Official Written Statement on Bear Spray

Since our last new story about the use of bear spray in the Great Smoky Mountains national park more documents have surfaced online written by people within the GSMNP that were in contradiction to what I was told. Information was also circulating about the parks superintendents power to change or make exclusions to existing laws.

Bob Miller the Management Assistant and one of the official parks spokespersons issued to me in writing the following official park statement:

Status of Bear Repellent Spray in Great Smoky Mountains National Park

In response to recent conflicting information, we want to clarify the Park’s posture regarding the possession and use of bear repellent spray.

Under 36 CFR Section 1.4, an "irritant gas device" is considered a weapon by legal definition and is therefore prohibited under 36 CFR Section 2.4. Items marketed and sold as bear repellent would typically meet the legal definition of a weapon. The Superintendent does not have the discretion to authorize the possession or use of a weapon for this particular purpose. As with any regulation, the degree of enforcement is a discretionary function that the individual Ranger makes in each instance based upon the totality of the circumstances and the possession and/or use of bear repellent would be evaluated in the same manner as any other violation.

Do with this information as you may. For those like me who would not want to depend upon discretion of an individual Ranger who may have had a bad day, the bear spray stays at home when I am in the park.

For the many of you contacting me about petitioning the Great Smoky Mountains national park to have the superintendent make the bear spray legal, you now have your answer. It won't help.

Though I make my living on the internet I am still amazed at both the positive and negative power that it holds. It has created far more transparency for the average citizen well as the unfortunate ability to spread false and or misleading information.

Though it has created great aggravation for me and I sure the Great Smoky Mountains national parks as well, I must commend the people who did not believe me and they in turn also kept getting the run around or wrong information which they disseminated on the internet exposing this issue that is still not as black and white that we all wish it to be.

Related Bear Spray and Black Bear News

• Bear Spray is now legal in the Great Smoky Mountains national park
• Great Smoky Mountains National Park Black Bear encounter
• Is Bear Pepper Spray Legal or Illegal in the Great Smoky Mountains National Park?
• Bear become bolder in the GSMNP and questions remain about bear spray
• Clarification finally made by Great Smoky Mountains national park on Bear Spray
• Great Smoky Mountains National Park Official Statement on Bear Spray
• Black Bear in the Great Smoky Mountains Safety Information

Clarification finally made by Great Smoky Mountains national park on Bear Spray: It's illegal.

When we first reported that bear spray is illegal in the Great Smoky Mountains national park and provided the law in writing, some people questioned the accuracy of what they felt was our interpretation of the law and to further confuse matters, someone in the parks Sugarlands backcountry office gave out conflicting information on April 20th which was posted onto a web site.

I immediately requested confirmation as to the legality or illegality of Bear Spray in the GSMNP which I have finally received today from Steve Kloster the Tennessee District Ranger.

There is no legal form of bear spray allowed in the Great Smoky Mountains national park and like any other weapon, trap or net, it is illegal to carry, possess or use in the Great Smoky Mountains national park.

Information given out previously by someone in the backcountry office that there was a legal form of bear spray was in error.

We advise anyone who visits the Great Smoky Mountains national park to obey all laws including weapons laws and not bring a loaded gun, bear spray or any other weapon into the national park.

Related News Stories

• Great Smoky Mountains National Park Black Bear encounter
• Is Bear Pepper Spray Legal or Illegal in the Great Smoky Mountains National Park?
• Bear become bolder in the GSMNP and questions remain about bear spray
• Clarification finally made by Great Smoky Mountains national park on Bear Spray
• Great Smoky Mountains National Park Official Statement on Bear Spray
• Black Bear in the Great Smoky Mountains Safety Information

Is Bear Pepper Spray Legal or Illegal to have in the Great Smoky Mountains National Park?

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.

Related News Stories

• Great Smoky Mountains National Park Black Bear encounter
• Is Bear Pepper Spray Legal or Illegal in the Great Smoky Mountains National Park?
• Bear become bolder in the GSMNP and questions remain about bear spray
• Clarification finally made by Great Smoky Mountains national park on Bear Spray
• Great Smoky Mountains National Park Official Statement on Bear Spray
• Black Bear in the Great Smoky Mountains Safety Information