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Deadline on comments, guns in national parks rule
The deadline for comments on allowing CCW in National Parks if the holder complies with State rules is June 30. You can comment by going here. A reader whom I met at the Backlot Film Festival adds the following suggestions:
Your comments will have the most impact if you use your own words. To assist you in drafting your comments, keep the following points in mind:
Rules on carrying and transporting firearms should be consistent-across the board-with the laws of the state that includes the national park or wildlife refuge;
Law-abiding citizens should not be prohibited from protecting themselves and their families while enjoying America's national parks and wildlife refuges;
The new rules should provide uniformity across all federal lands, eliminating the patchwork of laws that create confusion for gun owners;
Current regulations fail to account for the significant change in state laws since 1984. 48 states now have laws that permit laws that permit carrying and 40 have strong Right-to-Carry laws. Federal regulations should recognize the change in state laws and follow their lead, and;
The new regulations should restore the rights of law-abiding gun owners who wish to transport and carry firearms for all lawful purposes on most DOI lands, just as they do now on Forest Service and Bureau of Land Management lands
His own comment is in extended remarks, below.
Public Comments Processing
Attn: 1024-AD70
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Suite 222
Arlington, VA 22203
June 23, 2008
Dear Mr. Kempthorne,
Please eliminate, once and for all, the prohibition on Right-to-Carry in national parks and wildlife refuges.
One of the most basic rights we as lawful Americans enjoy is the right to defend our families and ourselves.
The right to self-defense should not end simply because one crosses an invisible boundary line and enters a national park or wildlife refuge.
Rules on carrying and transporting firearms should be consistent-across the board-with the laws of the state, that includes the national park or wildlife refuge.
Law-abiding citizens should not be prohibited from protecting themselves and their families while enjoying America's national parks and wildlife refuges.
The new rules should provide uniformity across all federal lands, eliminating the patchwork of laws that create confusion for the vast majority of us, who seek to be law-abiding gun owners.
Current regulations fail to account for the significant change in state laws since 1984. 48 states now have laws that permit carrying, and 40 of them have very strong Right-to-Carry laws. Federal regulations should recognize the change in state laws and follow their lead.
The new regulations should restore the rights of law-abiding gun owners who wish to transport and carry firearms for all lawful purposes on most DOI lands, just as they do now on Forest Service and Bureau of Land Management lands.
You, Mr. Kempthorne, the U.S. Department of the Interior, have issued this proposed rule to eliminate, once and for all, this prohibition on Right-to-Carry in national parks and wildlife refuges.
Please enact this rule and eliminate, once and for all, this prohibition on Right-to-Carry in national parks and wildlife refuges.
Sincerely,
your name
your signature
phone number
3 Comments | Leave a comment
Why is there so much emphasis on concealed carry in the Parks? I carry openly in Seattle, openly in the National Forests, and openly in the Wilderness areas; why should I suddenly beg the government to be allowed to carry concealed in the Parks? Here in Washington, no permit or license is required to carry a loaded firearm openly. You only need a license to carry a handgun concealed. Concealed carry has become the paradigm, but it is my right under the Second Amendment and Article 1 Section 24 of the State Constitution to carry a firearm for self protection. Concealed carry with a heavy backpack is impractical.
I’m really confused by this push for concealed carry in the Parks when it should be Firearms carry in the Parks.
Wait, I guess I should explain that my statement above is in response to the many comments I’m reading on the .gov website.
Actually, the Kempthorne/Laverty proposed language will NOT remove the prohibition on carry in most National Parks and wildlife refuges.
That's because the DOI proposed rule only makes it legal to carry in a National Park IF, and only to the same extent it's legal to carry in that state's own state parks OR other analogous state lands.
The net result is that it will only be legal to carry concealed firearms in a patchwork of states.
Instead, commenters should propose alternate wording for the promulgated regulation.
See http://www.bighammer.net/Frame-24-timelinepage24.html#05/01/08
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Title 36--Parks, Forests, and Public Property
CHAPTER I?NATIONAL PARK SERVICE, DOI
PART 2?RESOURCE PROTECTION, PUBLIC USE AND RECREATION
1. The authority citation for part 2 continues to read as follows:
AUTHORITY: 16 U.S.C. 1, 3, 9a, 17j-2, 462.
2. Amend § 2.4 by adding a new paragraph (h) to read as follows:
§ 2.4 Weapons, traps and nets.
* * * * *
(h) A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal park, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law.
Title 50--Wildlife and Fisheries
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DOI
PART 27--PROHIBITED ACTS
1. The authority citation for part 27 continues to read as follows:
AUTHORITY: Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C. 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat.402, as amended (16 U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C.685, 752, 690d); 16 U.S.C. 715s).
Subpart D -- Disturbing Violations: With Weapons
2. Amend § 27.42 by adding a new paragraph (e) to read as follows:
§ 27.42 Firearms.
* * * * *
(e) A person may possess, carry, and transport loaded, and operable firearms or other weapons within a national wildlife refuge in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport loaded and operable firearms or other weapons in the state in which the federal wildlife refuge, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law.
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This language is what is supported by the Petitioners to amend the NPS weapons regulations.
Dave