« IL Supreme Court on Lawful Protection of Commerce Act | Main | More on injunction against park CCW »
Judge enjoins allowance of CCW in parks
Story here.
13 Comments | Leave a comment
Just the first of many battles yet to come.
The Justice Department had sought to block the injunction against the controversial rule.
Did I read that part right? Obama's DOJ supporting concealed carry?
The opinion is here
http://www.nraila.org/media/PDFs/nationalparks_MemoOpiniononintervention.PDF
Yet another federal judge who needs to retire.
So, why didn't W do this three years BEFORE he left office? The way he did it, he left it so that it was going to be undone.
"So, why didn't W do this three years BEFORE he left office? The way he did it, he left it so that it was going to be undone."
Probably because "W" didn't do this, and it certainly wasn't "last minute" -- 51 Senators wrote a letter to the DOI demanding a change to the rules. The process started early last year and after the initial comment period was over, it was extended into the summer.
The Brady bunch is spouting nonsense, and the judge even more so.
According to Cam & Company the other night, the British made the processing of salt, and even the posession of salt a crime. This didn't stop Ghandi from making his famous march to the sea to violate both prohibitions. Maybe there's a lesson for gun owners in Ghandi's actions?
Gotta love how the arguments used include "environmental impact" and "opportunistic poaching of wildlife". The environment only gets impacted when a law-abiding citizen is attacked and forced to defend himself, and it's no different in a park than on a street. And poaching is already illegal - if someone was going to poach, why would they obey the no-concealed-carry rule in the first place?
Is this an accurate assessment?:
"By definition of Civilian Military Activity under 18 U.S.C. § 2386(A)(1) through (5) the Unorganized Militia under 10 U.S.C. § 311(b)(2), “which consists of the members of the militia who are not members of the National Guard or the Naval Militia” are treated as a treasonous, seditious, and subversive organization because civilian citizens must register their firearms purchases on the FEDERAL FIREARMS TRANSACTION RECORD (ATF Form 4473). This distinction that the Unorganized Militia must be registered is noted by the exemption of the “organized militia or National Guard of any State, Territory, District, or possession of the United States” under 18 U.S.C. § 2386(B)(2)(b). (28 C.F.R. § 10.1 et seq. provides the regulatory authority). The registration of firearms purchases by members of the unorganized militia unconstitutionally nullifies the militia clause of the Second Amendment as a check and balance mechanism to enforce the Tenth Amendment powers delegated to the States against encroachments by the United States and to enforce the Tenth Amendment powers reserved to the People."
The following federal laws and regulations either infringe upon or ignore the Second Amendment rights of American seamen, even when compelled to qualify in Small Arms training as a prerequisite for employment aboard U.S. Government vessels:
46 U.S.C. § 70105 Transportation Security Cards
33 C.F.R. § 101.514 TWIC Requirement.
33 C.F.R. § 101.515 TWIC/Personal Identification.
U.S. CODE
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
CHAPTER 7—REGULATIONS FOR THE SUPPRESSION OF PIRACY
33 U.S.C. § 381. Use of public vessels to suppress piracy
33 U.S.C. § 382. Seizure of piratical vessels generally
33 U.S.C. § 383. Resistance of pirates by merchant vessels:
The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.
33 U.S.C. § 384. Condemnation of piratical vessels
33 U.S.C. § 385. Seizure and condemnation of vessels fitted out for piracy
33 U.S.C. § 386. Commissioning private vessels for seizure of piratical vessels
The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title
33 U.S.C. § 387. Duties of officers of customs and marshals as to seizure
U.S. CODE
TITLE 46—SHIPPING
Subtitle VI—Miscellaneous
CHAPTER 701—PORT SECURITY
46 U.S.C. § 70101. Definitions
46 U.S.C. § 70102. United States facility and vessel vulnerability assessments
46 U.S.C. § 70103. Maritime transportation security plans
46 U.S.C. § 70104. Transportation security incident response
46 U.S.C. § 70105. Transportation security cards
46 U.S.C. § 70106. Maritime safety and security teams
46 U.S.C. § 70107. Grants
46 U.S.C. § 70108. Foreign port assessment
46 U.S.C. § 70109. Notifying foreign authorities
46 U.S.C. § 70110. Actions when foreign ports not maintaining effective antiterrorism measures
46 U.S.C. § 70111. Enhanced crewmember identification
46 U.S.C. § 70112. Maritime Security Advisory Committees
46 U.S.C. § 70113. Maritime intelligence
46 U.S.C. § 70114. Automatic identification systems
46 U.S.C. § 70115. Long-range vessel tracking system
46 U.S.C. § 70116. Secure systems of transportation
46 U.S.C. § 70117. In rem liability for civil penalties and certain costs
46 U.S.C. § 70118.1 Withholding of clearance.
46 U.S.C. § 70118.1 Firearms, arrests, and seizure of property.
46 U.S.C. § 70119.1 Enforcement by State and local officers.
46 U.S.C. § 70119.1 Civil penalty.
CODE OF FEDERAL REGULATIONS
Title 33--Navigation and Navigable Waters
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
PART 101--MARITIME SECURITY: GENERAL
Subpart A—General
33 C.F.R. § 101.100 Purpose.
33 C.F.R. § 101.105 Definitions.
33 C.F.R. § 101.110 Applicability.
33 C.F.R. § 101.115 Incorporation by reference.
33 C.F.R. § 101.120 Alternatives.
33 C.F.R. § 101.125 Approved Alternative Security Programs.
33 C.F.R. § 101.130 Equivalent security measures.
Subpart B—Maritime Security (MARSEC) Levels
33 C.F.R. § 101.200 MARSEC Levels.
33 C.F.R. § 101.205 Department of Homeland Security alignment.
Subpart C—Communication (Port-Facility-Vessel)
33 C.F.R. § 101.300 Preparedness communications.
33 C.F.R. § 101.305 Reporting.
33 C.F.R. § 101.310 Additional communication devices.
Subpart D—Control Measures for Security
33 C.F.R. § 101.400 Enforcement.
33 C.F.R. § 101.405 Maritime Security (MARSEC) Directives.
33 C.F.R. § 101.410 Control and Compliance Measures.
33 C.F.R. § 101.415 Penalties.
33 C.F.R. § 101.420 Right to appeal.
Subpart E—Other Provisions
33 C.F.R. § 101.500 Procedures for authorizing a Recognized Security Organization (RSO). [Reserved]
33 C.F.R. § 101.505 Declaration of Security (DoS).
33 C.F.R. § 101.510 Assessment Tools.
33 C.F.R. § 101.514 TWIC Requirement.
33 C.F.R. § 101.515 TWIC/Personal Identification.
PART 103--MARITIME SECURITY: AREA MARITIME SECURITY
Subpart B—Federal Maritime Security Coordinator (FMSC) Designation and Authorities
33 C.F.R. § 103.200 Designation of the Federal Maritime Security Coordinator (FMSC).
33 C.F.R. § 103.205 Authority of the COTP as the Federal Maritime Security Coordinator (FMSC).
Subpart C—Area Maritime Security (AMS) Committee
33 C.F.R. § 103.300 Area Maritime Security (AMS) Committee.
33 C.F.R. § 103.305 Composition of an Area Maritime Security (AMS) Committee.
33 C.F.R. § 103.310 Responsibilities of the Area Maritime Security (AMS) Committee.
Subpart D—Area Maritime Security (AMS) Assessment
33 C.F.R. § 103.400 General.
33 C.F.R. § 103.405 Elements of the Area Maritime Security (AMS) Assessment.
33 C.F.R. § 103.410 Persons involved in the Area Maritime Security (AMS) Assessment.
Subpart E—Area Maritime Security (AMS) Plan
33 C.F.R. § 103.500 General.
33 C.F.R. § 103.505 Elements of the Area Maritime Security (AMS) Plan.
33 C.F.R. § 103.510 Area Maritime Security (AMS) Plan review and approval.
33 C.F.R. § 103.515 Exercises.
33 C.F.R. § 103.520 Recordkeeping.
PART 104--MARITIME SECURITY: VESSELS
Subpart A—General
33 C.F.R. § 104.100 Definitions.
33 C.F.R. § 104.105 Applicability.
33 C.F.R. § 104.106 Passenger access area.
33 C.F.R. § 104.107 Employee access area.
33 C.F.R. § 104.110 Exemptions.
33 C.F.R. § 104.115 Compliance.
33 C.F.R. § 104.120 Compliance documentation.
33 C.F.R. § 104.125 Noncompliance.
33 C.F.R. § 104.130 Waivers.
33 C.F.R. § 104.135 Equivalents.
33 C.F.R. § 104.140 Alternative Security Programs.
33 C.F.R. § 104.145 Maritime Security (MARSEC) Directive.
33 C.F.R. § 104.150 Right to appeal.
Subpart B—Vessel Security Requirements
33 C.F.R. § 104.200 Owner or operator.
33 C.F.R. § 104.205 Master.
33 C.F.R. § 104.210 Company Security Officer (CSO).
33 C.F.R. § 104.215 Vessel Security Officer (VSO).
33 C.F.R. § 104.220 Company or vessel personnel with security duties.
33 C.F.R. § 104.225 Security training for all other vessel personnel.
33 C.F.R. § 104.230 Drill and exercise requirements.
33 C.F.R. § 104.235 Vessel recordkeeping requirements.
33 C.F.R. § 104.240 Maritime Security (MARSEC) Level coordination and implementation.
33 C.F.R. § 104.245 Communications.
33 C.F.R. § 104.250 Procedures for interfacing with facilities and other vessels.
33 C.F.R. § 104.255 Declaration of Security (DoS).
33 C.F.R. § 104.260 Security systems and equipment maintenance.
33 C.F.R. § 104.265 Security measures for access control.
33 C.F.R. § 104.267 Security measures for newly hired employees.
33 C.F.R. § 104.270 Security measures for restricted areas.
33 C.F.R. § 104.275 Security measures for handling cargo.
33 C.F.R. § 104.280 Security measures for delivery of vessel stores and bunkers.
33 C.F.R. § 104.285 Security measures for monitoring.
33 C.F.R. § 104.290 Security incident procedures.
33 C.F.R. § 104.292 Additional requirements—passenger vessels and ferries.
33 C.F.R. § 104.295 Additional requirements—cruise ships.
33 C.F.R. § 104.297 Additional requirements—vessels on international voyages.
Subpart C—Vessel Security Assessment (VSA)
33 C.F.R. § 104.300 General.
33 C.F.R. § 104.305 Vessel Security Assessment (VSA) requirements.
33 C.F.R. § 104.310 Submission requirements.
Subpart D—Vessel Security Plan (VSP)
33 C.F.R. § 104.400 General.
33 C.F.R. § 104.405 Format of the Vessel Security Plan (VSP).
33 C.F.R. § 104.410 Submission and approval.
33 C.F.R. § 104.415 Amendment and audit.
PART 105--MARITIME SECURITY: FACILITIES
Subpart A-General
33 C.F.R. § 105.100 Definitions.
33 C.F.R. § 105.105 Applicability.
33 C.F.R. § 105.106 Public access areas.
33 C.F.R. § 105.110 Exemptions.
33 C.F.R. § 105.115 Compliance dates.
33 C.F.R. § 105.120 Compliance documentation.
33 C.F.R. § 105.125 Noncompliance.
33 C.F.R. § 105.130 Waivers.
33 C.F.R. § 105.135 Equivalents.
33 C.F.R. § 105.140 Alternative Security Program.
33 C.F.R. § 105.145 Maritime Security (MARSEC) Directive.
33 C.F.R. § 105.150 Right to appeal.
Subpart B—Facility Security Requirements
33 C.F.R. § 105.200 Owner or operator.
33 C.F.R. § 105.205 Facility Security Officer (FSO).
33 C.F.R. § 105.210 Facility personnel with security duties.
33 C.F.R. § 105.215 Security training for all other facility personnel.
33 C.F.R. § 105.220 Drill and exercise requirements.
33 C.F.R. § 105.225 Facility recordkeeping requirements.
33 C.F.R. § 105.230 Maritime Security (MARSEC) Level coordination and implementation.
33 C.F.R. § 105.235 Communications.
33 C.F.R. § 105.240 Procedures for interfacing with vessels.
33 C.F.R. § 105.245 Declaration of Security (DoS).
33 C.F.R. § 105.250 Security systems and equipment maintenance.
33 C.F.R. § 105.255 Security measures for access control.
33 C.F.R. § 105.257 Security measures for newly-hired employees.
33 C.F.R. § 105.260 Security measures for restricted areas.
33 C.F.R. § 105.265 Security measures for handling cargo.
33 C.F.R. § 105.270 Security measures for delivery of vessel stores and bunkers.
33 C.F.R. § 105.275 Security measures for monitoring.
33 C.F.R. § 105.280 Security incident procedures.
33 C.F.R. § 105.285 Additional requirements—passenger and ferry facilities.
33 C.F.R. § 105.290 Additional requirements—cruise ship terminals.
33 C.F.R. § 105.295 Additional requirements—Certain Dangerous Cargo (CDC) facilities.
33 C.F.R. § 105.296 Additional requirements—barge fleeting facilities.
Subpart C—Facility Security Assessment (FSA)
33 C.F.R. § 105.300 General.
33 C.F.R. § 105.305 Facility Security Assessment (FSA) requirements.
33 C.F.R. § 105.310 Submission requirements.
Subpart D—Facility Security Plan (FSP)
33 C.F.R. § 105.400 General.
33 C.F.R. § 105.405 Format and content of the Facility Security Plan (FSP).
33 C.F.R. § 105.410 Submission and approval.
33 C.F.R. § 105.415 Amendment and audit.
APPENDIX A TO PART 105—FACILITY VULNERABILITY AND SECURITY MEASURE SUMMARY (CG–6025).
PART 106--MARINE SECURITY: OUTER CONTINENTAL SHELF (OCS) FACILITIES
Subpart A—General
33 C.F.R. § 106.100 Definitions.
33 C.F.R. § 106.105 Applicability.
33 C.F.R. § 106.110 Compliance dates.
33 C.F.R. § 106.115 Compliance documentation.
33 C.F.R. § 106.120 Noncompliance.
33 C.F.R. § 106.125 Waivers.
33 C.F.R. § 106.130 Equivalents.
33 C.F.R. § 106.135 Alternative Security Program.
33 C.F.R. § 106.140 Maritime Security (MARSEC) Directive.
33 C.F.R. § 106.145 Right to appeal.
Subpart B—Outer Continental Shelf (OCS) Facility Security Requirements
33 C.F.R. § 106.200 Owner or operator.
33 C.F.R. § 106.205 Company Security Officer (CSO).
33 C.F.R. § 106.210 Facility Security Officer (FSO).
33 C.F.R. § 106.215 Company or OCS facility personnel with security duties.
33 C.F.R. § 106.220 Security training for all other OCS facility personnel.
33 C.F.R. § 106.225 Drill and exercise requirements.
33 C.F.R. § 106.230 OCS facility recordkeeping requirements.33 C.F.R. § 106.400 General.
33 C.F.R. § 106.235 Maritime Security (MARSEC) Level coordination and implementation.
33 C.F.R. § 106.240 Communications.
33 C.F.R. § 106.245 Procedures for interfacing with vessels.
33 C.F.R. § 106.250 Declaration of Security (DoS).
33 C.F.R. § 106.255 Security systems and equipment maintenance.
33 C.F.R. § 106.260 Security measures for access control.
33 C.F.R. § 106.262 Security measures for newly-hired employees.
33 C.F.R. § 106.265 Security measures for restricted areas.
33 C.F.R. § 106.270 Security measures for delivery of stores and industrial supplies.
33 C.F.R. § 106.275 Security measures for monitoring.
33 C.F.R. § 106.280 Security incident procedures.
Subpart C—Outer Continental Shelf (OCS) Facility Security Assessment (FSA)
33 C.F.R. § 106.300 General.
33 C.F.R. § 106.305 Facility Security Assessment (FSA) requirements.
33 C.F.R. § 106.310 Submission requirements.
Subpart D—Outer Continental Shelf (OCS) Facility Security Plan (FSP)
33 C.F.R. § 106.400 General.
33 C.F.R. § 106.405 Format and Content of the Facility Security Plan (FSP).
33 C.F.R. § 106.410 Submission and approval.
33 C.F.R. § 106.415 Amendment and audit.
Don ... is that you? You're not tellin'?
Only Don could dump that much eye-glazing text into a comment.
LOL...when I saw that I expected to see "Don Hamrick" as the submitter. Looks like he's got a nom de plume now....
To use her own words, the Judge must be "astoundingly flawed". the process was quite clear and it certainly appeared they had touched all the bases, they just didn't agree with thes foul anti gunners.