Federal Public Lands (2024)

Generally, firearms are permitted on federal public lands. The complication is that California's open carry laws apply so strictly to areas where shooting is prohibited, that it becomes difficult in some places to carry a firearm for self-defense.

Federal Public Buildings

Firearms, loaded or unloaded, concealed or openly carried, are prohibited inside federal facilities (including courthouses and offices like a Social Security office) 18 U.S. Code § 930;

Firearms are banned in "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties" (18 USC § 930). 'No weapons' signs must be posted at federal facilities in order for someone to be convicted (but you may be arrested).

Public buildings include visitor centers at National Parks, Forests, etc.

​Federal Public Lands

​There are many different types of national public lands in California, which are administered by
National Park Service, US Forest Service, U.S. Fish & Wildlife Service, Bureau of Land Management, Army Corps of Engineers, Bureau of Reclamation, etc. Look up where you are going before you go to know exactly what regulations applies as it varies by agency and cabinet department. This guide is not meant to be exhaustive.

26100. (a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.
(b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or in state prison for 16 months or two or three years.

National Park Service

​36 CFR § 2.4 Weapons, traps and nets.
(a) None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit 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 National Park System unit is located.

If part (a) does not apply, then:

​(b) (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
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter;
(B) The taking of fish is authorized by law in accordance with § 2.3 of this part.
(ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations.
(iii) Within a residential dwelling. For purposes of this subparagraph only, the term “residential dwelling” means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home.
[d-f, omitted]
(c) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law.
(g) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited.

Discussion
Part (a) allows one to carry a firearm within the bounds of California law. This would allow one to carry a firearm openly or concealed (with a permit) at their campsite, within the bounds of state law. Generally, federal law has been interpreted to allow open carry under the principle that if something is not expressly illegal, then it is legal to do that thing.

While a reading of parts (b), (c), and (g) could be taken to mean that if state law doesn’t expressly allow open carry (etc.) it would be illegal under part (b) et al., in practice that does not seem to be the case. Rather, if carrying is illegal under state law, part (b) et al. merely duplicates those prohibitions under federal law. As far as carrying is concerned, part (b) et al. seems to be a catch-all relic to create a federal regulation (and violation) and if the state statutes are totally silent.

An important thing to note is the phrase “in compliance with the law of the State.” A reasonable interpretation would mean, “if the state allows is, then the NPS must also.” California specifically states where one can carry or possess a firearm.

Unloaded weapons stored away are unambiguously permitted under federal regulations.

36 CFR § 2.4 (b)(3)(i) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use.

In this case, the sections of the Penal Code pertaining to exemptions for unloaded weapons would also apply.

Can you carry at your campsite?
According to part (a), if California allows it, you are legally allowed to carry at your campsite (or elsewhere in the park). (b)(2)(iii) from the CFR above does not define a campsite as a “residential dwelling.” It does define “camping” as:

Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy. 36 CFR §1.4​

​A federal court defined “campsite” as “any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure.” Anderson v. City of Portland, Civ. No. 08-1447-AA (D. Or. Jul. 30, 2009). This definition seems to imply that the defining qualities of a campsite are provisions for cooking or sleeping.

General consensus within the gun community seems to be that “campsite” is the designated or definable area where you are camping and not the areas of the campground beyond. The actual site where you are camping is your temporary residence and is under your control. Open carry, loaded or unloaded, is legal in the campsite.

If you are going to carry a firearm in a campsite within a National Park System unit, open carry would be unambiguously legal under state law. Concealed meaning “concealed,” if no one sees the gun there would be no reason to worry about an unlicensed CCW violation.

Warning: a firearm in a campsite on NPS land may result in contact by law enforcement who may not understand the law or may have a different working interpretation.

36 CFR § 2.4 (b) (iii) Using a weapon, trap or net
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter;
(B) [omitted]
(ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations.
(d) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited.

36 CFR § 2.4 (b) (iii) Using a weapon, trap or net
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter;

​It is not illegal to use a weapon while taking wildlife. The nature of hunting being what it is, one would need to carry the weapon openly and loaded during the hunt. By logical extension, if one is legally hunting in the park, open carry in connection integral with hunting should be legal. The to/from transportation exemptions in the Penal Code would apply on the outbound or return trip home.

National Forests

Definitions 36 CFR §261.2
Camping means the temporary use of National Forest System lands for the purpose of overnight occupancy without a permanently-fixed structure.
Developed recreation site means an area which has been improved or developed for recreation.

36 CFR § 261.10 The following are prohibited:
[(a)-(c) omitted]
(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.
(3) Into or within any cave.

Note: this does not say within 150 yards of a road; only across or on a Forest System road.

Wilderness areas (USFS)
In official wilderness areas, when there is a specific order, firearms may be banned. A temporary or special closure order that bans shooting (discharge of a firearm) converts that area into a “prohibited area” under state law.

​36 CFR § 261.58 When provided by an order, the following are prohibited:
[(a)-(n) omitted]
(m) Discharging a firearm, air rifle, or gas gun.

36 CFR 261.50 gives the authority for the USFS to issue closure orders, which must be posted at the local offices and “in such locations and manner as to reasonably bring the prohibition to the attention of the public.” 36 CFR 261.51

"When provided by an order, the following are prohibited: [section omitted] (c) Possessing a firearm or firework.” (36 CFR § 261.57)

​Carrying in an USFS campground

The Forest Service does not have specific restrictions on possessing firearms, but as discharge of firearms is still prohibited in the campground, open carry would be restricted beyond the campsite itself.

You cannot shoot a firearm in or near a campground, so it is a “prohibited area” for open carry (loaded, unloaded; handgun or long-gun). Inside the campsite itself, there is no Forest Service restriction on possessing a firearm, so state law and the exemptions would be the only law on the topic of carrying in the campsite.

​Bureau of Land Management (BLM)

Highlights
Licensed concealed carry is legal generally on BLM land.
Unlicensed concealed carry may be legal in your campsite.
Loaded and unloaded open carry are illegal in "prohibited areas" including the campground.
Loaded and unloaded open carry is legal in "prohibited areas" in your campsite.
"Prohibited areas" include the campground, developed recreational areas, and when part of the land is closed for shooting or seasonal fire restrictions.

BLM officials may issue closure or restriction orders (43 CFR § 8364.1). These restrictions must be specific as to the closed area, the closure time, the particular restrictions, and the reasons why. state and local laws still apply:

43 CFR § 8365.1-7 Except as otherwise provided by Federal law or regulation, State and local laws and ordinances shall apply and be enforced by the appropriate State and local authorities. This includes, but is not limited to, State and local laws and ordinances governing: (c) Use of firearms or other weapons; [all but (c) omitted]

Campsites and other “developed recreation sites” are prohibited areas for the discharge of firearms.

43 CFR § 8365.2-5 On developed recreation sites and areas, unless otherwise authorized, no person shall: (a) Discharge or use firearms, other weapons, or fireworks [(b), omitted].

43 CFR § 8360.0-5(c) Developed recreation sites and areas means sites and areas that contain structures or capital improvements primarily used by the public for recreation purposes. Such sites or areas may include such features as: Delineated spaces for parking, camping or boat launching; sanitary facilities; potable water; grills or fire rings; tables; or controlled access.

National Wildlife Refuges

Like in National Park Units, Wildlife Refuges also defer to state law when carrying firearms.

16 USC § 1a–7b(b) Protection of right of individuals to bear arms in units of the National Wildlife Refuge System
The Secretary 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 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 Wildlife Refuge System is located.

However, discharging firearms is still prohibited, making the area “prohibited area” under state law. Open carry of any kind would be prohibited although licensed concealed carry would be legal.

50 CFR § 27.41 Carrying, possessing, or discharging firearms, fireworks, or explosives on national wildlife refuges is prohibited unless specifically authorized under the provisions of this subchapter C.

Can I carry openly/loaded while hunting?
Hunters and scientific purposes are permitted uses of firearms, making discharge legal, and presumably loaded open carry for those persons. While federal law may permit others to carry unloaded weapons the deferral to state law gives state law primacy.

50 CFR § 27.42 Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:
(a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.
(e) Notwithstanding any other provision in this Chapter, persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in accordance with the laws of the state in which the wildlife refuge, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law. [see 16 USC § 1a–7b(b)]

14 CCR § 552 applies some restrictions to loaded firearms by hunters in areas shared with state wildlife refuges.

Army Corps of Engineers (ACE) lands

Currently, loaded firearms and ammunition, except for hunters, is illegal. The prohibition on possessing ammunition makes the lack of a shooting ban moot since without ammunition, a firearm can’t discharge. Presumably, under Army regulations you could bring a totally unloaded firearm to use as a club or anti-violence totem, if it was legal to openly carry an unloaded weapon pursuant to state law.

36 CFR § 327.13 (a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under § 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) [omitted]

As of June 2020, the ACE has proposed removing the written permission requirement and deferring to state and local laws as other federal units.

In proposing to revise the regulation, the Corps intends to remove the requirement that individuals must apply for written permission from the District Commander before possessing a weapon. Written permission would still be required to possess explosives and explosive devices. Individuals possessing or transporting a weapon would need to meet the Federal, state and local requirements for doing so in the jurisdiction where the Corps project is located, such as by possessing a valid state permit or license. Individuals prohibited by any law from possessing or transporting a weapon would not be permitted to do so on a Corps project. COE-2018-0008-000

The pertinent revision would read:

§ 327.13 Explosives, firearms, other weapons and fireworks.
(a) An individual may possess or transport a weapon on any project provided that:
(1) The individual is not otherwise prohibited by Federal, state, or local law from possessing or transporting such weapon; and
(2) The possession or transportation of such weapon is in compliance with applicable Federal, state, and local law.
(b) As used in this section, “weapon” includes any firearm as defined in 18 U.S.C. 921(a)(3)(A), bow and arrow, crossbow, or other projectile firing device.

​Should the change to the federal regulation be made to reflect the above paragraph, ACE land would fall under local unsafe discharge ordinances, similar to USFS land.

Bureau of Reclamation

43 CFR § 423.30 (a) You may possess firearms, ammunition, bows and arrows, crossbows, or other projectile firing devices on Reclamation lands and waterbodies, provided the firearm, ammunition, or other projectile firing device is stowed, transported, and/or carried in compliance with applicable Federal, State, and local law, with the following exceptions:
(1) You must not have a weapon in your possession when at or in a Reclamation facility.
(2) You must comply with any prohibitions or regulations applicable to weapons in a special use area established by an authorized official under subpart E of this part 423.
(b) You must not discharge or shoot a weapon unless you are:
(1) Using a firearm or other projectile firing device lawfully for hunting or fishing as allowed under § 423.32, or at an authorized shooting or archery range; and
(2) In compliance with applicable Federal, State, and local law.
(c) [omitted]

43 CFR § 423.2 – Definitions
Reclamation facilities, lands, and waterbodies means Reclamation facilities, Reclamation lands, and Reclamation waterbodies.
Reclamation facility means any facility constructed or acquired under Federal reclamation law that is situated on Reclamation lands and is used or occupied by Reclamation under a lease, easem*nt, right-of-way, license, contract, or other arrangement. The term includes, but is not limited to, any of the following that are under the jurisdiction of or administered by Reclamation: dams, powerplants, buildings, switchyards, transmission lines, recreation facilities, fish and wildlife facilities, pumping plants, and warehouses.
Reclamation lands means any real property under the jurisdiction of or administered by Reclamation, and includes, but is not limited to, all acquired and withdrawn lands and lands in which Reclamation has a lease interest, easem*nt, or right-of-way.

Note the distinction between “waters,” “lands,” and “facilities.” Facilities could be understood as structures or buildings.

Note: not all locations may be managed or owned by the Bureau. Be sure to research what entity has jurisdiction.

State laws applicable to hunters

[Concealed carry while hunting/fishing]
25640. Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.
​
[Unloaded handgun, hunting exemption]
26366. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun bya licensed hunterwhile engaged in huntingor while transporting that handgun whengoing to or returning fromthat hunting expedition.

[Unloaded long-gun, hunting exemption]
(j) By alicensedhunter while engaged inhunting or while transportingthat firearm whengoing to or returningfrom that hunting expedition.

Most Likely Scenarios

​National Park Service: you bring your unloaded, locked firearm in the vehicle for self-defense at your campsite. Someone sees you carrying a gun at your campsite and a lively conversation about the legalities of self-defense at your campsite ensue.

You are going hunting and you bring your unloaded, locked firearm in the vehicle and only transport it between the vehicle/campsite and the hunting area unloaded, until you actually begin hunting.

National Forest Service: you are going hiking on USFS land where no county ordinance bans shooting and there are no seasonal fire/shooting restrictions. You get 150 yards into the woods and load your weapon, carrying it openly. People look at you funny or call 911 if there is cell phone reception, or you're in the middle of nowhere and no one notices or cares.

You are going target shooting on USFS land in a place and time where no restrictions/ordinances apply. You load up and carry openly outside your vehicle, off of any roads and 150 yards from developments.

You bring your unloaded, locked firearm in the vehicle for self-defense at your campsite. You do not carry your weapon outside your campsite, and since there are no rangers and no cell phone reception, no one says anything about it.

BLM: You are going target shooting or hiking on BLM land in a place and time where no restrictions/ordinances apply. You load up and carry openly outside your vehicle not in any developed areas.