Conceal/open carry while fishing

[Jep1924]

I have my SDA permit and am wondering is it legal to carry while fishing? I'm wanting to try Arcadia and Hefner lakes or any water source.

 

[HoLeChit]

I don't see why not. I don't see anything within the SDA that says otherwise. I would suggest reading it again to make sure though.

On the same note, I carry every time I go fishing, I deal with a lot of snakes and a lot of times I go fishing in areas where there are less than favorable people.

 

[dennishoddy]

I always carry concealed, but I remember a thread awhile back where we found it was not legal on COE lakes, then something came out that said it was going to be changed so we could legally conceal.
Anybody remember more about that?

 

[RichardA76]

From what I have seen they lifted all firearm bans from public waterways to carry. Dirty Bird even covered up the "no" on the no firearms signage to change it to "Firearms Allowed"

 

[grizzlywinmag]

I have a general rule; wherever I am restricted from carrying a firearm is most likely a place where I'll need one most, so that's where I'll be carrying.

Sent from my SM-G920P using Tapatalk

 

[p238shooter]

I do not think the COE has changed their no carry policy on paper.

 

[chuter]

Here is something from Jan 10, 2014: http://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf

It's a preliminary injunction that says the COE can't enforce the no-guns regulation.

I don't know if it's been made permanent or not; hopefully one of the legal minds here can shed some light.

IT IS FURTHER ORDERED, that the motion for preliminary injunction (docket
no. 4) is GRANTED. The Corps is enjoined from enforcing 36 C.F.R. § 327.13 as to
law-abiding individuals possessing functional firearms on Corps-administered public
lands for the purpose of self-defense. This preliminary injunction shall remain in force
until further notice of the Court.

 

[mugsy]

Here is something from Jan 10, 2014: http://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf

It's a preliminary injunction that says the COE can't enforce the no-guns regulation.

I don't know if it's been made permanent or not; hopefully one of the legal minds here can shed some light.

I am not a lawyer but a little research shows that as of Apr 2015 the government has appealed this case to the Ninth Circuit Court of Appeals. The District Court decision also appears to have only had effect within the State of Idaho.

https://www.mountainstateslegal.org/cases/all-cases/morris-v.-u.s.-army-corps-of-engineers

 

[chuter]

I am not a lawyer but a little research shows that as of Apr 2015 the government has appealed this case to the Ninth Circuit Court of Appeals. The District Court decision also appears to have only had effect within the State of Idaho.

https://www.mountainstateslegal.org/cases/all-cases/morris-v.-u.s.-army-corps-of-engineers

Thanks for that link.
From the last paragraph on the History tab:

On October 13, 2014, the district court granted summary judgment in favor of Ms. Nesbitt and Mr. Baker and denied defendants’ motion for summary judgment. In so doing, the district court held that 36 C.F.R. § 327.13 violates the Second Amendment and therefore is unconstitutional. The district court also enjoined defendants from enforcing the unconstitutional regulation on Corps-managed property within Idaho. On December 10, 2014, federal defendants filed a notice of appeal. On April 17, 2015, federal defendants filed their opening brief.

You would think that something that violates the Second Amendment in Idaho would violate it in any state.

The gubment sure is putting a lot into keeping us from defending ourselves on COE property.

So, I wonder if someone from OK would have to sue them to stop them from enforcing that reg here...?

 

[mugsy]

Thanks for that link.
From the last paragraph on the History tab:


You would think that something that violates the Second Amendment in Idaho would violate it in any state.

Yes you would but I think the issue is that the judge only had authority in a given area. However, if his decision is upheld by the appellate court then I think it will establish a precedent that could be used by another court. Or another circuit could make a different finding setting up a potential Supreme Court decision somewhere down the line.