El Dorado Sheriff’s Fight With Feds

[chasfm11]

CBS Sacremento
June 27, 2013 11:44 PM

El Dorado Sheriff’s Fight With Feds Likely Over Residents Carrying Guns

http://sacramento.cbslocal.com/2013/06/ ... ying-guns/

It appears this exploding confrontation between Sheriff John D’Agostini and the U.S. Forest service may come down to guns, and the right to carry them, and whether U.S. citizens are allowed to bring them onto federal land.

Several things in the story had me scratching my head.

1. I thought that the Federal law that allowed National park carry (except for buildings) covered National Forests. Is that wrong>

2. The sheriff has pulled the authority of the Federal rangers to enforce local law. Hmm. I'm not sure why they would be doing that anyway. Why won't they call the Sheriff's office if they found someone breaking the local laws. I was under the impression (perhaps mistakenly) that there was some separation of powers. For example. Texas Parks and Wildlife has full police authority on the local COE lakes. There are COE rangers that patrol the lakes too and will write tickets for things like no lifevests but they have always left everything else to TPW or to local police like Grapevine for Lake Grapevine.

Anyway, this one looks like it could be fun to watch. It might have more far reaching impact than the local Federal supervisor had planned.

[android]

CBS Sacremento
June 27, 2013 11:44 PM

El Dorado Sheriff’s Fight With Feds Likely Over Residents Carrying Guns

http://sacramento.cbslocal.com/2013/06/ ... ying-guns/

It appears this exploding confrontation between Sheriff John D’Agostini and the U.S. Forest service may come down to guns, and the right to carry them, and whether U.S. citizens are allowed to bring them onto federal land.

Several things in the story had me scratching my head.

1. I thought that the Federal law that allowed National park carry (except for buildings) covered National Forests. Is that wrong>

The use of firearms in National FORESTS has always been governed by STATE law. So if National Forest is in CA, CA state law applies, if it's in NM, NM state law applies. Once you understand this, you will basically understand the answer to your next question.

The more recent bill made National PARKS basically the same, previously, under US law, firearms were illegal in National Parks unless unloaded, disassembled and locked up.

2. The sheriff has pulled the authority of the Federal rangers to enforce local law. Hmm. I'm not sure why they would be doing that anyway. Why won't they call the Sheriff's office if they found someone breaking the local laws. I was under the impression (perhaps mistakenly) that there was some separation of powers. For example. Texas Parks and Wildlife has full police authority on the local COE lakes. There are COE rangers that patrol the lakes too and will write tickets for things like no lifevests but they have always left everything else to TPW or to local police like Grapevine for Lake Grapevine.

Anyway, this one looks like it could be fun to watch. It might have more far reaching impact than the local Federal supervisor had planned.

By revoking their power to enforce STATE law, he has basically revoked their power to enforce firearm laws.

CA is "may issue" and some Sheriffs are pro gun and will issue concealed licenses. Sounds like this sheriff is one of those. If a CA resident has a concealed carry permit, they can carry in National Forests and National Parks since it is now legal in their state to do so.

With a TX CHL, you can carry in National Forests and National Parks in TX or in states where we have reciprocity. You still can't carry in "federal buildings" which include most visitors centers and other park buildings.

[chasfm11]

Thanks for the information. I have no plans to set foot in CA or any of the gun unfriendly States so the National Forest problem isn't one that I've worried about or will face anytime soon. I didn't connect the dots well about the firearms laws being State level. I was assuming that the enforcement is for long guns as well as for concealed carry. Given the very limited opportunity for concealed carry in CA, I cannot imagine them finding many park visitors with CCW anyway.

I'm assuming that this push by the Federal rangers is another of the ripples from the defeat of the gun control Legislation at the Federal level earlier this year. Like the sequester, the intent is to try to punish the American public as much as possible, or so it seems. I cannot imagine another reason for stepped of harassment of ordinary visitors to the CA National Forests.

This is another good reason why land within the States, with the rare exception of US military bases, should be under State control.