Government: Loaded guns allowed in national parks, wildlife refuges as of Monday

MATTHEW DALY
Associated Press

WASHINGTON (AP) — Loaded guns will be allowed in Yellowstone, the Grand Canyon and other national parks under a new law that takes effect Monday.

The law lets licensed gun owners bring firearms into national parks and wildlife refuges as long as they are allowed by state law. It comes over the objections of gun-control advocates who fear it will lead to increased violence in national parks.

The national parks law takes effect in a climate that favors advocates of gun rights. The debate shifted dramatically in 2008, when the Supreme Court struck down a handgun ban in Washington, D.C., and declared that individuals have a constitutional right to possess firearms for self-defense and other purposes.

Gun owners have rushed in record numbers to get concealed weapons permits, saying they worry President Barack Obama and the Democratic Congress may impose stricter gun laws. The National Rifle Association lobbied hard to allow guns in parks and has spent millions to challenge its opponents.

Now gun-control advocates are on the defensive, seeking to preserve some gun restrictions in the face of aggressive assertions of gun rights.

As of Monday, guns will be allowed in all but about 20 of the park service's 392 locations, including some of its most iconic parks: Yellowstone, the Grand Canyon, Great Smoky Mountains, Yosemite and Rocky Mountain National Park. Guns will not be allowed in visitor centers or rangers' offices, because firearms are banned in federal buildings, but they could be carried into private lodges or concession stands, depending on state laws.

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said national parks are now among the safest places in America, but that could change under the new law. Current rules severely restrict guns in the national parks, generally requiring them to be locked or stored.

"It really is sad that we've become such a paranoid society that people want to take guns pretty much everywhere — including national parks," he said Friday.

"When you are at a campfire and people are getting loud and boisterous next to you, you used to have to worry about them quieting down. Now you have to worry about when they will start shooting," Helmke said.

Bill Wade, president of the Coalition of National Park Service Retirees, called the new law a sad chapter in the history of the park system.

"People go to national parks to get away from things that they face in their everyday living, where they live and work. Now I think that social dynamic is really going to change," he said.

Bryan Faehner, associate director of the National Parks Conservation Association, said the law would place an unfair burden on park service employees, who will have to wade though a variety of state and local laws to determine whether visitors are breaking the law.

Officials said visitors who want to bring a gun to a national park need to understand and comply with state gun laws. More than 30 national parks span more than one state, so visitors need to know where they are in those parks and which state law applies, the park service said.

A spokesman for the National Rifle Association scoffed at the idea that parks would become more dangerous, saying people have been assaulted and even murdered in national parks.

"This common-sense measure will enhance the self-defense rights of law-abiding Americans and also ensure uniformity of firearm laws within a state," said Chris W. Cox, the NRA's chief lobbyist.

The National Park Service said there were 3,760 reported major crimes, including five homicides and 37 rapes, in 2008, the most recent year for which data was available. The agency does not note which crimes involve firearms. Crime is down across the system's parks, according to park service spokesman David Barna.

Sen. Tom Coburn (R-Okla.), who led congressional efforts to change the law, said concerns about increased violence were overblown.

"I don't expect anything major to come from this other than to restore the Second Amendment rights taken away by bureaucrats," Coburn said

The park service has prepared for months for the new law. "We will administer this law as we do all others — fairly and consistently," National Park Service Director Jon Jarvis said in a statement.

National parks hosted about 275 million visitors in 2008, the agency said.

National Park Rangers and Park Advocates Outraged by Votes Allowing Loaded Guns in National Parks

PRESS RELEASE
National Parks Conservation Association

WASHINGTON - "We are disappointed in the members of the House and Senate who allowed this amendment to pass, as well as in President Obama. By not taking a stand to prevent this change, they have sacrificed public safety and national park resources in favor of the political agenda of the National Rifle Association. This amendment had no hearing or review, and will increase the risk of poaching, vandalism of historic park treasures, and threats to park visitors and staff."

"These are special protected places, where millions of American families and international visitors can view magnificent animals and majestic landscapes and experience our nation's history, including sites where lives were lost to preserve our American ideals.

"The Reagan Administration's regulation requiring that guns carried into these iconic places be unloaded and put away is a time-tested, limited and reasonable restriction to carry out an important and legitimate goal of protecting and respecting our national parks, monuments and battlefields. It is a tremendously sad day that it has been thrown out by political leaders from whom we expect more."

Statement by Bill Wade, Chair, Executive Council, Coalition of National Park Service Retirees:

"Passage of this legislation that would allow firearms of all kinds in national parks is an absolute travesty. There is simply no need for it, given the extremely low risks that visitors face in national parks compared with everywhere else.

"Legislators who voted for this amendment now have to live with the fact that they have, in fact, increased the risk to visitors and employees, as well as the risk to wildlife and some cultural resources. Moreover, they've just contributed to diminishing the specialness of this country's National Park System. We hope the American people register their disappointment in the actions of these legislators."

Statement by Scot McElveen, President, Association of National Park Rangers:

"Members of the ANPR respect the will of Congress and their authority to pass laws, but we believe this is a fundamental reversal from what preceding Congresses created the National Park System for. Park wildlife, including some rare or endangered species, will face increased threats by visitors with firearms who engage in impulse or opportunistic shooting."

Statement by John Waterman, President, U.S. Park Rangers Lodge, Fraternal Order of Police:

"One should ask, what do guns have to do with credit cards? We are disappointed that Congress chose to disregard the safety of U.S. Park Rangers, the most assaulted federal officers, and forgo the environmental process set up to assure the protection of our national parks. If signed by President Obama, this will clearly be a change in his rhetoric towards taking better care of our environment and protecting federal employees."

Statement by Theresa Pierno, Executive Vice President, National Parks Conservation Association: NPCA is a non-profit, private organization dedicated to protecting, preserving, and enhancing the U.S. National Park System.

New rule lifts ban on firearms in national parks

By MATTHEW DALY
Associated Press

WASHINGTON (AP) — People will soon be able to carry concealed, loaded guns in most national parks and wildlife refuges.

The Bush administration said Friday it is overturning a 25-year-old federal rule that severely restricts loaded guns in national parks.

Under a rule to take effect in January, visitors will be able to carry a loaded gun into a park or wildlife refuge — but only if the person has a permit for a concealed weapon and if the state where the park or refuge is located also allows concealed firearms.

The new rule goes further than a draft proposal issued last spring and would allow concealed weapons even in parks located in states that explicitly ban the carrying of guns in state parks. Some states allow concealed weapons but also ban guns from parks.

"If you can carry (a gun) on Main Street, you are allowed to carry in a national park," said Chris Paolino. a spokesman for the Interior Department.

The Interior Department rule overturns a Reagan-era regulation that has restricted loaded guns in parks and wildlife refuges. The previous regulation required that firearms be unloaded and placed somewhere that is not easily accessible, such as in a car trunk.

Assistant Interior Secretary Lyle Laverty said the new rule respects a long tradition of states and the federal government working together on natural resource issues.

The regulation allows individuals to carry concealed firearms in federal parks and wildlife refuges to the same extent they can lawfully do so under state law, Laverty said, adding that the approach is in line with rules adopted by the federal Bureau of Land Management and the U.S. Forest Service. Those agencies let visitors carry weapons consistent with applicable federal and state laws.

The National Rifle Association hailed the rule change, which will take effect next month before President-elect Barack Obama takes office.

"We are pleased that the Interior Department recognizes the right of law-abiding citizens to protect themselves and their families while enjoying America's national parks and wildlife refuges," said Chris W. Cox, the NRA's chief lobbyist.

The rule will restore the rights of law-abiding gun owners on federal lands and make federal law consistent with the state where the lands are located, Cox said. The NRA led efforts to change gun regulations they called inconsistent and unclear.

A group representing park rangers, retirees and conservation organizations said the rule change will lead to confusion for visitors, rangers and other law enforcement agencies.

"Once again, political leaders in the Bush administration have ignored the preferences of the American public by succumbing to political pressure, in this case generated by the National Rifle Association," said Bill Wade, president of the Coalition of National Park Service Retirees.

"This regulation will put visitors, employees and precious resources of the National Park System at risk. We will do everything possible to overturn it and return to a commonsense approach to guns in national parks that has been working for decades," Wade said.

The park rule will be published in the Federal Register early next week and take effect 30 days later, well before Obama takes office Jan. 20. Overturning the rule could take months or even years, since it would require the new administration to restart the lengthy rule-making process.

Nick Shapiro, a spokesman for President-elect Barack Obama's transition team, said no decision had been made on the gun rule.

"President-elect Obama will review all eleventh-hour regulations and will address them once he is president," he said.

Sen. Mike Crapo, R-Idaho, hailed the new rule. Crapo and Sen. Max Baucus, D-Mont., had organized letters to Interior Secretary Dirk Kempthorne complaining about the gun restrictions. The letters were signed by half the Senate — 41 Republicans and nine Democrats.

"I congratulate Secretary Kempthorne for taking this stand. The rule as it has come out is what we asked for with regard to handguns," Crapo said. "It's a very, very significant improvement."

Crapo called the current rule confusing and complex and said it "literally resulted in different standards as you traveled through the same state."

But Sen. Dianne Feinstein, D-Calif., said the new rule was a mistake.

"The Reagan-era rules have stood the test of time and make our national parks safe for all who visit them," Feinstein said. "The Bush administration changes will make our national parks more dangerous and will upset the delicate balance that exists between park visitors and wildlife."

Interior spokesman Paolino said the rule would not affect a ban on guns in federal buildings. Guns will still be prohibited in national icons such as Independence Hall and the Statue of Liberty, he said. Guns also will be banned in visitor centers and other buildings at national parks.

Grijalva another rumored Cabinet pick from Arizona

Washington Post, politico.com cite him as leading contender for Interior

The Arizona Republic

Rep. Raúl Grijalva, D-Ariz

Arizona could lose not one but two of its elected officials to President-elect Barack Obama's cabinet.

Just days after officials with Obama's transition team said Gov. Janet Napolitano is the top choice for Homeland Security secretary, Rep. Raúl Grijalva, D-Ariz., has emerged as a leading contender for secretary of the Interior.

Grijalva, 60, is Tucson native and son of an immigrant Mexican farmworker. He served as Hispanic co-chair for Obama's presidential campaign and has been a fierce critic of the Bush administration's environmental policies. He serves on the House Committee on Natural Resources, and chairs the National Parks, Forests and Public Lands Subcommittee.

The Interior secretary traditionally comes from a Western state, where management of public lands is a key issue. The administration post oversees public lands and serves as a steward for the nation's Indian reservations.

On Friday, The Washington Post and the political Web site politico.com said Grijalva is a top contender for the post. Both cited transition officials as sources.

Grijalva could not be reached Friday, but spokeswoman Natalie Luna said the congressman has not received any word from Barack Obama's transition team. "He said he hasn't been contacted," Luna said, adding, "I think he would give it really good thought."

Luna said her boss has a "good rapport" with the president-elect. "I think he (Obama) knows the congressman's background, what he's interested in and passionate about," she added.

Last month, Grijalva issued a scathing report titled, "The Bush Administration's Assaults on Our National Parks, Forests and Public Lands. The 23-page critique accuses the President of carrying out "a concerted strategy" of reducing the protections for federal properties, "opening up these lands for every type of private, commercial and extractive industry possible."

Rodolfo Espino, assistant professor of political science at Arizona State University, said such an appointment would make sense.

Grijalva is an up-and-comer who recently became co-chair of the Congressional Progressive Caucus, said Espino, sharing Obama's liberal vision on public land policy. He also carries little baggage as a politician, worked on the presidential campaign and hails from a Western state where land issues are crucial.

If appointed, Grijalva would be the third Interior secretary from Arizona, following in the footsteps of Stewart Udall (1961-69) and Bruce Babbitt (1993-2001).

The Interior Department manages about 500 million acres of federal land, or one-fifth of the United States. It oversees 67,000 employees in a bureaucracy that includes the Bureau of Land Management, Bureau of Indian Affairs, National Park Service, Fish and Wildlife Service, Bureau of Reclamation and U.S. Geological Service.

Environmental leaders were thrilled at the prospect of Grijalva assuming the secretariat. Mining, ranching and other land-use industry representatives expressed dismay.

"Talk about a 180 from where we are today," said Richard Mayol, communications director at the Grand Canyon Trust. "That is certainly something that we would love to get behind, something we would cheer."

By contrast, Basilio Aja, executive director for the Arizona Beef Council, said Grijalva has been "singularly focused on monument declarations," setting aside federal property so that it cannot be mined or grazed. Especially in tough economic times, he said, it will be critical to take advantage of federal grazing lands for food production.

Grijalva, serving his third term in Congressional District 7, was a Tucson schools trustee in the 1970s and '80s, then served on the Pima County Board of Supervisors from 1988 to 2002.

He has long been regarded as an environmental advocate, leading efforts to regulate hard-rock mining and establish a National Landscape Conservation System. He recently told The Arizona Republic that Bush's administration sold away public resources to private interests, performing "more like real-estate agents than stewards of (public) lands."

Sandy Bahr, conservation director for the Sierra Club in Arizona, praised Grijalva's efforts to ban uranium mining near the Grand Canyon, calling him a "real leader."

"Obviously he knows the West and the importance of public lands," Bahr said. "Arizona has been well-served by him, particularly on the kinds of issues that the Department of Interior addresses."

New rules would allow concealed weapons in national parks

The Interior Department proposal would overturn a 25-year-old regulation that has restricted loaded guns in national parks and wildlife refuges.

From the Associated Press
Los Angeles Times


WASHINGTON -- Interior Secretary Dirk Kempthorne proposed new regulations Wednesday that would allow people to carry a concealed weapon in some national parks and wildlife refuges.

The new rules would allow someone to carry a loaded weapon in a park or wildlife refuge only if the person had a permit for a concealed weapon and the state where the park or refuge was located allowed guns in parks.

The proposal would overturn a 25-year-old regulation that has restricted loaded guns in national parks and wildlife refuges.

"The safety and protection of park and refuge visitors remains a top priority for the Department of the Interior," Kempthorne said in a statement.

The proposal would incorporate state laws authorizing the possession of concealed firearms "while continuing to maintain important provisions to ensure visitor safety and resource protection," he said.

Park rangers, park service retirees and conservation groups protested the plan, saying it would lead to confusion for visitors, rangers and other law enforcement agencies.

"This is purely and simply a politically driven effort to solve a problem that doesn't exist," said Bill Wade, executive council chairman of the Coalition of National Park Service Retirees.

Critics cited statistics showing that national parks were among the safest places in the country. The probability of becoming a victim of a violent crime in a national park is 1 in more than 708,000 -- less likely than being struck by lightning, the groups said.

"This proposed regulation increases the risk to visitors, employees and wildlife rather than reducing it," Wade said.

Interior Department spokesman Chris Paolino said the rule change would give great weight to state and local laws. In Washington, D.C., for instance, which has a lot of national park land, guns would not be allowed because the city banned handguns.

Sen. Dianne Feinstein (D-Calif.) called the rule change confusing.

"This change makes no sense. It would create an incoherent, ineffective and inconsistent patchwork of policies," she said, noting that in some cases, rules would be different within the same national park.

For example, Death Valley National Park is in both California and Nevada. California prohibits loaded and accessible weapons in state parks, whereas Nevada does not.

Senate to Vote on Allowing Park Visitors to Carry Loaded Guns

Environment News Service

WASHINGTON, DC, February 12, 2008 (ENS) - The U.S. Senate is likely to consider the "National Forests, Parks, Public Land, and Reclamation Projects Authorization Act," this week. When that happens, Senator Tom Coburn, an Oklahoma Republican is expected to offer an amendment to allow state law, rather than federal law, to govern the carrying and transportation of firearms in national parks and wildlife refuges.

This measure was authored and is supported by the National Rifle Association, which said in a February 1 letter to its members, "We have been working on your behalf for nearly five years to facilitate this policy change and are committed to ensuring that it finally happens this year."

On February 1, the Association of National Park Rangers, the Coalition of National Park Service Retirees, and the U.S. Park Rangers Lodge, Fraternal Order of Police wrote a joint letter to U.S. senators urging them to reject the Coburn amendment.

"Senator Coburn's amendment could dramatically degrade the experience of park visitors and put their safety at risk if units of the National Park System were compelled to follow state gun laws," warned the rangers and retirees.

"For example, since Wyoming has limited gun restrictions, visitors could see persons with semi-automatic weapons attending campground programs, hiking down park trails or picnicking along park shorelines at Yellowstone and Grand Teton National Parks," they wrote.

An analysis of the Coburn amendment and NRA campaign released today by Public Employees for Environmental Responsibility, PEER, finds that they are founded upon basic misconceptions.

Coburn's amendment forbids the Interior Secretary from enforcing "any regulation that prohibits an individual from possessing a firearm in any unit of the National Park System or the National Wildlife Refuge System…"

On December 14, 2007, a group of 47 senators wrote to Interior Secretary Dirk Kempthorne urging repeal of these regulations because they are "confusing, burdensome and unnecessary."

The letter was signed by 39 Republican senators along with eight Democrats.

The NRA claims credit for both the senators' letter and the Coburn amendment.

A central assertion of the Coburn measure is that the current regulation offends the Second Amendment of the U.S. Constitution by prohibiting the possession of a firearm in parks.

But in fact the current regulation states that weapons may be possessed as long as they are not loaded and ready for use.

The regulation, (36 CFR 2.4), says that "…unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use."

These rules, re-written in 1983 under the Reagan administration, were intended to relax earlier stricter prohibitions. As the National Park Service then explained, "[T]he Service has determined that it is not feasible to prohibit the possession of weapons in all situations, and a total prohibition would be unenforceable."

"The Second Amendment right ‘to keep and bear Arms' does not specify that the weapons must always be loaded and holstered," said PEER Board Member Frank Buono, the former deputy superintendent of Mojave National Preserve. He notes that the fundamental reason for this regulation is to prevent opportunistic poaching, as most park units forbid hunting.

The other rationale for removing firearm regulations is "consistency in firearms policy" on federal lands, according to the senators' letter to Kempthorne.

Senator Coburn's legislation would have federal firearm policy conform to state laws, but because firearms laws vary from state to state, there would then be at least 50 sets of rules for federal lands. In some instances, where a park straddles a state line, there would be two different firearms policies in different sections of the same park.

"This uniformity argument is absurd," Buono added, pointing out that the White House is also part of the national park system. "We don't allow guns on airplanes, in penitentiaries or in the halls of Congress, either."

The rangers and retirees say allowing the possession of loaded and accessible guns in parks would be dangerous to law enforcement officers. "Many rangers can recite stories about incidents where the risk to other visitors - as well as to the ranger - would have been exacerbated if a gun had been readily accessible. This amendment would compromise the safe atmosphere that is valued by Americans and expected by international tourists traveling to the United States," they wrote.

"There is simply no legitimate or substantive reason for a thoughtful sportsman or gun owner to carry a loaded gun in a national park unless that park permits hunting. The requirement that guns in parks are unloaded and put away is a reasonable and limited restriction to facilitate legitimate purposes," wrote the rangers and retirees, "the protection of precious park resources and safety of visitors."