You can open carry in a National Forest if the state where that forest sits allows open carry. The Forest Service’s firearms regulation, 36 CFR 261.8, only prohibits possession “to the extent Federal or State law is violated,” so state law is the controlling factor.1eCFR. 36 CFR 261.8 – Fish and Wildlife There is no separate federal permit or ban that kicks in when you cross the forest boundary. Whether you can lawfully carry openly depends on which state you are in, and getting it wrong can mean federal charges, state charges, or both.
How State Law Decides the Answer
Because the federal rule steps aside, the practical answer changes with geography. States generally fall into three groups.
- Permitless open carry: roughly 29 states allow any person who can legally possess a firearm to carry it openly without a license. In a National Forest in one of these states, no special paperwork is required.
- Permit required: some states allow open carry only with a state-issued permit. You need that permit on you inside the forest.
- Open carry prohibited: a small number of states ban open carry of handguns in public, and that ban reaches into National Forests within their borders.
State counts shift as legislatures act, so verify the current law for any state you plan to visit. Do not assume a permit from your home state travels with you. Reciprocity varies from state to state, and a license that works at home can be worthless one state over. Local county or city ordinances occasionally add restrictions, though most states have preemption laws that block local rules stricter than the state’s.
Where Firearms Are Off-Limits Even in Carry-Friendly States
Federal Buildings Inside the Forest
Carrying a firearm into a federal building on National Forest land is a federal crime under 18 U.S.C. 930, regardless of state law.2Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities In a forest, that typically means ranger stations, visitor centers, and administrative offices. Signs must be posted at every public entrance; without proper signage, a conviction requires proof you actually knew about the prohibition.
Areas Under Forest Service Closure Orders
Forest Supervisors and Regional Foresters can issue closure orders restricting activities in specific areas, including the discharge or even the possession of firearms.3eCFR. 36 CFR 261.50 – Orders These orders can cover a single campground, a developed recreation site, or a larger zone, and they are enforced as federal regulations once posted.4eCFR. 36 CFR 261.58 – Occupancy and Use They also change with the seasons. A site that allows firearms in April may be closed to them by July for fire risk. Check the specific forest’s website or call the local ranger district before your trip.
Rules on Firing the Gun
Carrying and discharging are separate legal questions. Under 36 CFR 261.10, you cannot discharge a firearm in or within 150 yards of any residence, building, campsite, developed recreation site, or occupied area.5eCFR. 36 CFR 261.10 – Occupancy and Use You cannot shoot across or along a National Forest System road, or across a body of water adjacent to one. Firing into or within a cave is separately prohibited. A catch-all provision also bars discharging a firearm “in any manner or place” that exposes a person or property to injury or damage.
A rule finalized in November 2024 added a blanket prohibition on exploding targets across all National Forest land. Under 36 CFR 261.5(h), possessing or using an exploding target, firework, or pyrotechnic device is prohibited without any local order needed.6eCFR. 36 CFR Part 261 – Prohibitions The regulation defines an exploding target as a binary explosive with two components designed to detonate when struck by a bullet. Tracer rounds and incendiary ammunition are prohibited under the same section.
Getting There: Interstate Transport
Reaching a National Forest often means driving through states with stricter gun laws than your own. The Firearm Owners Protection Act, at 18 U.S.C. 926A, provides a federal safe harbor for interstate transport, with strict conditions.7Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms The firearm must be unloaded, and neither it nor any ammunition can be readily accessible from the passenger compartment. If your vehicle has no separate trunk, both must sit in a locked container other than the glove compartment or center console.
The protection covers you only while in transit between two places where you can legally possess the firearm. Extended stops are a gray area at best. A hotel stay in a state that prohibits your firearm probably falls outside the safe harbor. Plan the route with that in mind, especially for forests in the Northeast or along the West Coast.
National Forests Are Not National Parks
People often confuse the two. National Forests are managed by the U.S. Forest Service in the Department of Agriculture; National Parks are managed by the National Park Service in the Department of the Interior. Both defer to state law on carry since a 2010 change for parks tucked into the Credit CARD Act of 2009.8National Park Service. Firearms in National Parks The similarity ends there. National Parks prohibit discharging a firearm unless hunting is specifically authorized by federal statute for that park, and target shooting is banned entirely.9National Park Service. Gun Regulations in the National Parks National Forests generally allow both hunting and recreational target shooting subject to the rules above. If a trip crosses between the two, treat them as separate legal environments.
Penalties
Penalties depend on which rule you break. Carrying into a federal building in violation of 18 U.S.C. 930 carries up to one year in prison and a fine of up to $100,000. If prosecutors show you intended to use the weapon in a crime, the maximum rises to five years.10Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
Violating Forest Service regulations under 36 CFR Part 261, such as firing inside the 150-yard buffer or using an exploding target, is punishable by up to six months in prison.11eCFR. 36 CFR Part 261 Subpart A – General Prohibitions Fines follow 18 U.S.C. 3571, which caps fines for this class of offense at $5,000 for individuals.12Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine State charges stack on top of federal ones. A single incident, like carrying without a required state permit and stepping into a ranger station, could trigger both.