September 10th, 2008 11:34 PM
VA Creeper trail
We plan on going to Damascus,VA to ride the Creeper trail. Me and my wife both have our TN HCP's. Will it be legal to carry while on the trail riding our bikes?
September 11th, 2008 01:05 AM
I'm not sure who maintains this trail as far as if it is state or federal. The site i saw said it was patroled by U.S. forestry. This site says you cn not but if it is state maintained you can or U.S. forestry land. Virginia Creeper Trail Club - official website
September 11th, 2008 01:09 AM
Bummer... it sure doesn't sound like carry is legal there.
You and your bride might want to consider pepper spray and a couple three good sheath knives.
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
September 11th, 2008 04:36 PM
IF this is National Forest land in Virginia...
I found the following at: "http://usasearch.gov/search?v%3aproject=firstgov-web&v%3afile=viv_1020%4026%3antWA5k&v%3astate=root %7croot&opener=full-window&url=http%3a%2f%2fwww.fs.fed.us%2fr8%2fgwj%2 flee%2fgeneral%2ffirearms.doc&rid=Ndoc50&v%3aframe =redirect&rsource=firstgov-msn&v%3astate=%28root%29%7croot&rrank=0&"
Firearms on the National Forests –
a summary of the rules and regulations
The Fall weather of the past few days has caused my phone to ring with the annual series of questions related to hunting and guns on the National Forest. Perhaps this short summary will help in answering these questions when your phone rings.
First, the primary laws governing possession of firearms and other weapons on National Forest are State Laws. These laws were developed by the states following establishment of our Cooperative Wildlife Management Agreements. Most notable of the State Laws controlling firearms on the NF are “cased gun laws”.
As the name implies this law requires that all firearms on NF be unloaded and kept in a case. Virginia and West Virginia have similar “cased gun laws”. In order to allow hunting, these laws make an exception. It is legal to carry loaded firearms on NF during the time it is legal to take: bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl. This exception is very specific and applies only during the period when it is legal to take these listed species and doesn’t include carrying the loaded guns in a vehicle. Because hunting on Sunday is prohibited, carrying a loaded gun on NF is not legal on Sunday even if it is the Sunday right in the middle of the 2 week firearms deer season.
The second exception to this law allows people with a concealed weapon permit to carry a loaded, concealed, handgun either on their person or in their vehicle while on NF at anytime. This does not apply if the person is engaged in chase only season. People hunting with muzzle loading weapons or bow and arrow may have a handgun if they possess a concealed weapon permit and carrying concealed.
Discharging a firearm, crossbow, or bow and arrow in or across a road or within the right-of-way of any road is prohibited by both State and Federal Law. This includes all our FDRs which are open to public motor vehicle travel.
It is unlawful to hunt with a machine gun. It would be legal for an individual to possess one on NF if the person had the proper Federal license.
People who have been convicted of felonies may not legally possess firearms.
It is a violation of both Federal and State law to handle any firearm in a careless and reckless manner.
We don’t have any special regulations on firearms that apply to the Appalachian Trail where it is located on NF land.
This brings us to the subject of target shooting. Target shooting is currently prohibited on the George Washington and Jefferson NFs by an Order signed in February of 1996. This Order is somewhat weak in that it says the prohibition applies “where signed, posted, or otherwise brought to the attention of the public”. In general, I discourage people from target shooting on NF except at approved ranges. For most of the year the cased gun law should deter target shooting but this isn’t always what we find. Many target shooters don’t participate in hunting therefore they are not familiar with the cased gun law. These are the people we find during the Spring and Summer plinking cans and bottles in our wildlife patches.
I hope this provides an overview of the more important rules and regulations governing the possession and use of firearms on the NFs. If anyone needs additional information or has specific questions please call me.
** July, 2004 change- concealed weapons: Beginning in 04 state law allows a concealed weapon to be carried while bow or muzzle load hunting so long as the person has a concealed weapon permit and the weapon is concealed.
This says to me that as long as you have a permit and remain concealed you're legal on National Forest land in Virginia. The Virginia Creeper Trail sites I looked at have "rules" pages that say no. However, we don't know when those pages were written or updated. The source code only has one date, 1999, and I don't believe that's for the page content. The trail is said to include private property; if they don't know you're carrying they can't complain and Virginia has no legal requirement that you inform a property owner before you enter the property. If you're "outed" they can ask you to leave and if you don't then you're trespassing.
I am not a lawyer and this is not legal advice!!
The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.
September 11th, 2008 08:52 PM
Per the Creeper Trail Website
Posted areas of the Creeper Trail / Private Property ??
Sorta like the Washington County Fair 5 miles to your west ...Im sure u seen this
The parts of the trail that are town property would not be enforcable, however since part of the trail runs thorugh private land, you could be asked to leave and if you refuse you would be charged with tresspassing, without a CWP the areas of the trail running through National Forest would be prohibited.. (state forest law)
Per the Trail Website
On the Abingdon to Damascus portion of the trail, hunting or carrying firearms is prohibited at all times.
On the Mount Rogers portion, hunting is allowed in season. Firearms may not be carried at any other time.
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September 12th, 2008 08:25 PM
If you're asked to leave...
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