Posted by Eugene Volokh:
Interior Department's New Rule on Firearms Possession in National Parks:
http://volokh.com/archives/archive_2008_11_30-2008_12_06.shtml#1228517027
The Department's fairly detailed discussion is [1]here. An excerpt:
[Previous] regulations generally prohibited visitors from
possessing an operable and loaded firearm in areas administered by
[the National Park Service and the Fish and Wildlife Service]
unless the firearm is used for lawful hunting activities, target
practice in areas designated by special regulations, or other
purposes related to the administration of federal lands in
Alaska....
[T]he Department's final rule amends the regulations to allow
individuals to carry concealed, loaded, and operable firearms in
federal park units and refuges to the extent that they could
lawfully do so under non-conflicting state law.... [T]o the extent
that a state's law recognizes licenses issued by other States,
including the applicability of reciprocity agreements, the final
rule would similarly recognize such reciprocal authorities.
There are FAQ's [2]here. Some excerpts from that:
Q: Won�t visitors and wildlife be endangered by allowing concealed
firearms in parks and refuges?
A: No. The final rule continues to maintain existing regulatory
provisions that prohibit poaching, unauthorized target shooting,
and other illegal use of firearms. Additionally, individuals
authorized to carry firearms in a park or refuge will continue to
be subject to all other applicable state and federal laws. We have
no reason to believe that law-abiding citizens who carry concealed
firearms will disregard these prohibitions and use their firearms
for illegal purposes. Moreover, the final rule does not affect
existing rules limiting the possession of loaded rifles or
shotguns.
Q: Aren�t parks and refuges already safe places? If so, why allow
people to carry concealed firearms?
A: America�s national parks and refuges are often safe places to
visit, and our law enforcement officials are working to the best of
their abilities and resources to maintain visitor safety. However,
we also recognize that current statistics show an alarming increase
in criminal activity on federal lands managed by the Department of
the Interior, especially in areas close to the border and in lands
that are not readily accessible by law enforcement authorities. In
these circumstances, we do not believe it is appropriate to refuse
to recognize state laws simply because a person enters the
boundaries of a national park or wildlife refuge, or because there
is a lesser chance that a visitor will be harmed or potentially
killed by a criminal in a national park unit or wildlife refuge.
Thanks to John Hollingshead for the pointer.
References
1. http://www.doi.gov/issues/Final%20Rule.pdf
2. http://www.doi.gov/issues/Firearms%20Update%20FAQ%2012-4-08.pdf
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