After National Park gun carry reform: "Now it's a big sea of gun freedom"

Mike · Feb 21, 2010

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http://gawker.com/5476863/americas-national-parks-just-got-a-lot-shootier

Love America's beautiful national parks, but hate that you can't bring your gun into them? Starting Monday, you may bring firearms into national parks. Says the founder of opencarry.org: "Now it's a big sea of gun freedom." U-S-A! U-S-A!

protias · Feb 22, 2010

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The only thing I can say is...

:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate:celebrate

:monkey:monkey:monkey:monkey:monkey:monkey:monkey:monkey

WARCHILD · Feb 22, 2010

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Can anyone find the actual cite for this new law?
I've looked but all I can find are news articles giving highlights of the new law.
I know there are still some restrictions...all buildings, any area where park employees are present, etc.

TFred · Feb 22, 2010

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WARCHILD wrote:

Can anyone find the actual cite for this new law?
I've looked but all I can find are news articles giving highlights of the new law.
I know there are still some restrictions...all buildings, any area where park employees are present, etc.

The full text of the pertinent part of the new law can be found here:

http://www.govtrack.us/congress/billtext.xpd?bill=h111-627&version=enr&nid=t0%3Aenr%3A582

However, this law does not mention the Federal facility restriction, which is covered under "US Code Title 18 - Chapter 44 - § 930. Possession of firearms and dangerous weapons in Federal facilities." The NPS implementation of facility restrictions are based on what I view to be a flawed interpretation of Section 930, that, in order to be valid, would require the carrying of a firearm for self-defense to be an illegal act. I don't believe you will find any statute or case law to support that, however, that is the virtual hammer that the Feds are choosing to hold over our heads to keep firearms out of their facilities.

However, IANAL or a judge, so my opinion doesn't really mean much.

TFred

WARCHILD · Feb 22, 2010

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Thank you, it's a start. I'm sure there will be more than one test case come out of this during this first year.

TFred · Feb 22, 2010

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WARCHILD wrote:

Thank you, it's a start. I'm sure there will be more than one test case come out of this during this first year.

That would certainly be interesting, but I honestly doubt there will be any at all. How many people are arrested and prosecuted for the sole infraction of carrying a firearm within 1000 feet of school property? Just as with the Federal Gun Free School Zone Act, which makes virtually every gun-carrying citizen a felon at one time or another, I suspect the "authorities" are well aware they will lose in court, but until they do actually lose, it's the virtual hammer that keeps the people in line.

Again, IANAL, my opinion means nothing, but there it is.

TFred

Neo · Feb 23, 2010

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WARCHILD wrote:

Can anyone find the actual cite for this new law?
I've looked but all I can find are news articles giving highlights of the new law.
I know there are still some restrictions...all buildings, any area where park employees are present, etc.

Here is the National Wildlife Refuge's Press release. It includes the restrictions you mentioned, but basically says that their are now no restrictions other than what you would face walking down main street in your hometown.

http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=E37DD72E-FB6C-9EBE-6B4F45440EDB35CE

I like where it says, "The new law applies to all 551 units of the National Wildlife Refuge System, as well as the National Monuments and the 392 units of the National Park System." It looks like OC is now legal at any one of those locations where it is also legal in the state containing that location.

riverrat10k · Feb 23, 2010

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How 'bout a National Seashore. Lots of controversy lately over Federal jurisdiction on Hatteras Island, NC. Originally set up as a national recreation area for people, certain uses are now banned because of birds.

I think I can go fishing again now without leaving my gun in the cottage/hotel room.

Statesman · Feb 23, 2010

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The law does not allow visitors to fire or discharge the firearms in any way, brandish the weapon in the view of others, or any other use of the firearm. Enforcement of regulations concerning firearms use remains under the purview of the Department of the Interior.

Huh? Ever hear of self-defense?

Excuse me Ms. Kauffman, but if a bear or wildcat tries to maul, eat, or drag my family off to its den for dinner, it'll be getting some heat from my lawfully carried firearm. I don't need your stinking approval to defend myself.

This law implies firearms can be used for lawful self defense. What do you think we had in mind, in park shooting ranges for fun?

flintlock tom · Feb 23, 2010

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I work at the Point Loma Naval base in San Diego. On that base are the Fort Rosecrans National Cemetery and the Cabrillo National Monument administered by the NPS.
Anyone care to guess which regulations, concerning firearms, apply while on the Cabrillo National Monument? The U.S. Military, the NPS or the City of San Diego?

I see a lot of "issues" that need to be clarified.

Pagan · Feb 23, 2010

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All I have to add is this...

http://www.osec.doc.gov/osy/NPCSecurity/osyhtmlfiles/title18section930.htm

Subsection D part 3 seems to say it all concerning buildings andsuch!

Neo · Feb 24, 2010

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Pagan wrote:

All I have to add is this...

http://www.osec.doc.gov/osy/NPCSecurity/osyhtmlfiles/title18section930.htm

Subsection D part 3 seems to say it all concerning buildings andsuch!

Here's a more up-to-date version of that straight from the GPO. It still says the same thing.

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=1736700&SIZE=6681&TYPE=TEXT

After National Park gun carry reform: "Now it's a big sea of gun freedom"

Mike

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protias

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WARCHILD

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TFred

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WARCHILD

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TFred

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Neo

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riverrat10k

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Statesman

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flintlock tom

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Pagan

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