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trailblaze
02-20-2010, 12:47 PM
Just read today that licensed gun owners will be allowed to carry in National Parks!!!


this to me is an awesome step in gun laws! i have been to many national parks and i have had encounters with bear... big bears! now luckily nothing happened... but i felt that it was my right to carry to protect myself and family if a bear was attacking me... or for any attack (there are crazy people that go to parks too) but big brother made it illegal for me to protect myself.


this will make my hiking trip to the Smokey Mountains this summer a little more comforting. I had planned to take a gun regardless of the law because i'll be damned if i'm going to be attacked by something!


http://www.msnbc.msn.com/id/35484383/ns/us_news-life/

notmYJ
02-20-2010, 12:55 PM
Just remember that it does not allow you to carry in biuldings on park grounds, as they are still federal buildings. The buildings will be posted though.


National Park Carry FAQ

Q: When does this new law take effect?
A: 12:01am February 22, 2010

However, it is strongly recommended that you give it 12-24 hours of “buffer time” before exercising your right to carry.



Q: Is the new law for Concealed or Open carry?
A: It depends on your state laws.

The relevant section (612) of HR627/PubLaw 111-24 states
“The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if
(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
In short, this means that the rules and restrictions are now the same as they would be anywhere else in the state.

So in Virginia, for example, if it is legal for you to own/possess a firearm, it would be legal to Open carry, and also to Concealed carry (with a valid CCW permit) that firearm. In some parks (Yellowstone) that cross multiple boundaries you also need to be aware of WHERE you are.



Q: What about information stations and concession stands?
A: Any restricted federal buildings must be clearly posted as such.

The interior of a federal building (this includes any rest stops, information centers, and concession stands bearing the National Park Service logo) falls under Title 18, Sec 930 “Possession of firearms and dangerous weapons in Federal facilities” ( http://tinyurl.com/yg2zhwb )
However, Title 18, Sec 930 does stipulate the following
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each
public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility.

So there shouldn’t be any confusion as restricted buildings MUST BY LAW be “posted conspicuously” that weapons are not permitted. If it’s not posted, it’s not restricted (Unless you have been notified by an authorized person and asked to leave because then you've had "actual notice" under subsection H...<sigh>).



Q: What if I am confronted by a park official who doesn’t know the new law?
A: Co-operate with the park official and lodge an official complaint later.

If you are confronted by a park official who does not seem to know the changes in the law it is not unreasonable to ask if they are aware of the changes in the law, however you should cooperate fully with any instructions/directions from that park official while at the same time trying to collect enough information (name, rank, position, title, badge#) to enable you to lodge a formal complaint later.

However, if a park official asks you to leave a building (even one without a sign) you should do so without delay (see the note about "subsection H" above).





-------------------The boring details if you want them--------------------

Relevant Text from HR627/PubLaw 111-24 Section (512) “Protecting Americans From Violent Crime”
Available online at http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.00627:

[DOCID: publ024.111]
CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE ACT OF 2009
HR 627 become Public Law 111-24
111th Congress

SEC. 512. <<NOTE: 16 USC 1a-7b.>>
PROTECTING AMERICANS FROM VIOLENT CRIME.
Approved May 22, 2009.

(a) Congressional Findings.--Congress finds the following:

(1) The Second Amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”.

(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that ``except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net''.

(3) Section 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not ``possess, use, or transport firearms on national wildlife refuges'' of the United States Fish and Wildlife Service.

(4) The regulations described in paragraphs (2) and (3) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.

(5) The existence of different laws relating to the transportation and possession of firearms at different units of the National Park System and the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Park System and the National Wildlife Refuge System.

(6) Although the Bush administration issued new regulations relating to the Second Amendment rights of law-abiding citizens in units of the National Park System and National Wildlife Refuge System that went into effect on January 9, 2009--
(A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and
(B) the new regulations--
(i) are under review by the administration; and
(ii) may be altered.

(7) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the Second Amendment rights of law-abiding citizens on 83,600,000 acres of National Park System land and 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service.

(8) The Federal laws should make it clear that the second amendment rights of an individual at a unit of the National Park System or the National Wildlife Refuge System should not be infringed.
(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System.--The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
---------------------------------------------------------------------------
LEGISLATIVE HISTORY--H.R. 627 (S. 414):
HOUSE REPORTS: No. 111-88 (Comm. on Financial Services).
SENATE REPORTS: No. 111-16 accompanying S. 414 (Comm. on Banking,
Housing, and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 155 (2009):
Apr. 29, 30, considered and passed House.
May 11-14, 19, considered and passed Senate, amended.
May 20, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
May 22, Presidential remarks.

trailblaze
02-20-2010, 01:11 PM
thanks for posting the facts!!

for me this is more about the fact when hiking hours away from the nearest road or ranger station for help i was at the mercy of nature and the hands of strangers i'd meet on the trails. i'm not the guy who likes to flash my gun or open carry... i don't want people to know i'm carrying. i'd rather pull out my bear spray first!!