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.

NLCSA amended to preserve hunting and fishing

from the National Rifle Association of America
Institute for Legislative Action

Representatives voted overwhelmingly in favor of an NRA-ILA-backed amendment to H.R. 2016, the "National Landscape Conservation System Act." The amendment will preserve hunting and fishing on public lands for the benefit of current and future generations, and protect sportsmen's access for hunting, fishing and recreational shooting on certain public lands. The amendment was adopted by a 416-5 vote.

The amendment provides that:

• Access for hunting, fishing and recreational shooting will be assured on all appropriate National Landscape Conservation System (NLCS) lands; and
  
• States will manage, control or regulate fish and resident wildlife under State law or regulations in any area within the System. Regulations permitting hunting or fishing of fish and resident wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws, regulations and management plans.

"It is important for hunters, anglers, shooters and sportsmen--our nation's foremost conservationists--to continue to have ample lands and access to lands to enjoy America's hunting heritage," said NRA-ILA Executive Director Chris W. Cox. "With the adoption of the amendment offered by Congressman Jason Altmire (D-PA), hunting, shooting and fishing on certain public lands will be protected for current and future generations."

H.R. 2016 originally did not include language to protect hunting, fishing and recreational shooting or ensure continued access for these sporting activities on NLCS lands, but thanks to an amendment submitted by Congressman Altmire, the concerns of NRA-ILA, hunters, and shooters were adequately addressed.

"Conserving America's hunting lands is a priority for the tens of millions who enjoy hunting and shooting recreation each year," concluded Cox. "I applaud those who have taken the steps to further preserve this extraordinary American tradition."

U.S. considers easing ban on guns in national parks

Advocates of change say it will improve safety.

Opponents are convinced it would do the opposite.

By Richard Simon and Judy Pasternak, Staff Writers
Los Angeles Times


WASHINGTON -- In a victory for gun-rights advocates, the federal government is preparing to relax a decades-old ban on bringing loaded firearms into national parks.

Interior Secretary Dirk Kempthorne said Friday that his department would suggest new regulations by the end of April that could bring federal rules into line with state laws concerning guns in parks and public lands. His announcement came in a letter to Sen. Michael D. Crapo (R-Idaho), one of 50 senators who have written to him about the issue. Senators from both parties have backed a drive to repeal the ban, which has been in place in some parks for at least 100 years.

The proposed rule change would let visitors carry loaded weapons into national parks in states with few gun restrictions, such as Montana.

California is not one of those states. Its law prohibits loaded guns in state parks unless they are locked inside a car trunk or are similarly inaccessible. "It's a place of refuge, not a place for hunting, and it's patrolled by state park rangers who are there to protect visitors," California State Parks spokesman Roy Stearns said.

Gun rights advocates, notably the National Rifle Assn., have said the ban infringes on their 2nd Amendment rights to bear arms and their ability to defend themselves from predators, both human and animal.

"If you're hiking in the backcountry and there is a problem with a criminal or an aggressive animal, there's no 911 box where you can call police and have a 60-second response time," said Gary S. Marbut, president of the Montana Shooting Sports Assn.

Kempthorne's decision to review the ban was hailed by the NRA. "This is an important step in the right direction," said the organization's chief lobbyist, Chris W. Cox.

On the other hand, the National Parks Conservation Assn. called Kempthorne's action "alarming." Thomas C. Kiernan, the group's president, said loosening the ban would be "a blow to the national parks and the 300 million visitors who enjoy them every year."

His view is echoed by gun-control advocates and some rangers who say that permitting firearms would be dangerous for visitors and wildlife and would alter the national park experience.

"Parks have long been sanctuaries for both animals and people," said Charles R. "Butch" Farabee, a former acting superintendent at Montana's Glacier National Park who is retired. "There need to be places in this country where people can feel secure without guns and know that the guy in the campground across the way does not have one."

Although a federal rule change would not directly affect California, George Durkee, a board member of the U.S. Park Rangers Lodge of the Fraternal Order of Police who works at Sequoia and Kings Canyon national parks east of Fresno, worries about gun owners from other states: "Somebody who says, 'Oh, well, I can now carry a gun in national parks,' and doesn't read the fine print will just figure he can carry one in Yosemite."

The federal government would not cede authority over firearms in national parks to the states, said Interior Department spokesman Chris Paolino, but would like to reflect the policies of host states. Paolino said the department would also take into consideration the ban on firearms in federal buildings.

Weapons originally were prohibited in national parks to prevent "opportunistic poaching" of wildlife, said Frank Buono, a former assistant superintendent of Joshua Tree National Park, east of Palm Springs.

A 1908 Yellowstone National Park regulation, for example, required that visitors "having firearms, traps, nets, seines or explosives" surrender the weapons at the entrance unless they received written permission from the park superintendent. A similar policy was in effect at most parks for decades. Then the Reagan administration in 1983 required that visitors unload and store their firearms before entering most parks.

Supporters of the repeal effort note that state gun laws apply to federal land managed by the Forest Service and the Bureau of Land Management, and they think that should be the case in national parks and wildlife refuges as well.

Half of the Senate seems to agree. Nine Democrats and 41 Republicans have signed letters to Kempthorne calling on him to lift the gun ban. "We do not believe that allowing law-abiding citizens to transport and carry firearms -- rather than forcing them to disassemble or store them in their trunks -- will increase the chances that they will be tempted to violate prohibitions on discharge," one group wrote.

In campaigning to repeal the ban, the NRA hoped to add to a string of recent victories that included blocking an effort in Congress to give local law enforcement officials access to federal gun purchase data and a move in Virginia to require background checks for buyers at gun shows.
In a measure of the bipartisan support for relaxing gun laws, a majority of Congress -- 55 senators and 250 House members -- recently urged the Supreme Court to strike down the District of Columbia's handgun ban, one of the nation's strictest.

Advocates of allowing loaded guns in national parks believe it is foremost an issue of ending what they see as an unconstitutional infringement on their right to bear arms. But they also contend that park visitors are "increasingly vulnerable" to violent crime.

"While park rangers now use bulletproof vests and automatic weapons to enforce the law, regular Americans in states where conceal-and-carry law exists are denied the opportunity for self-defense," Sen. Tom Coburn (R-Okla.) said in "talking points" distributed by his office.

The National Park Service says there were 116,588 reported offenses in national parks in 2006, the most recent year for which data are available, including 11 killings, 35 rapes or attempted rapes, 61 robberies, 16 kidnappings and 261 aggravated assaults.

Supporters also think gun owners should be able to protect themselves against dangerous animals, dismissing arguments that firearms would ruin the park experience. "An attack, whether by an animal or a criminal, would degrade the experience of park visitors more," NRA spokesman Andrew Arulanandam said.

The park service said there were four bear attacks last year: two in Yellowstone, one in Sequoia and one in Grand Teton. There were none in 2006.

Officials at Glacier -- which recorded 10 deaths from grizzly bear attacks between 1967 and 1998 -- said the last attack was in 2005, when two hikers were mauled.

One of the victims, Johan Otter, an Escondido man who, with his daughter, was seriously injured, said the idea that a gun could have stopped the 400-pound bear that charged him is naive.

"We only had, like, half a second between seeing the bear and the impact," Otter said. "Most likely, if you shoot, you're going to hurt the animal. It's just going to get even more mad at you. The minute they're on top of you, there's no way you can pull a trigger."

Organizations that represent current and retired park workers oppose a repeal, saying it would endanger visitors, rangers and wildlife, and change the parks' character.

Bill Wade, executive council chairman of the Coalition of National Park Service Retirees, said people could be discouraged from visiting certain parks, such as Shenandoah National Park in Virginia, where he served as superintendent. "How many of you would want to go out there if you knew that people were running up and down the Appalachian Trail with guns?"

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."

U.S. senators attempt to soften park gun rules

FEDERAL LAND: Stevens, Murkowski and 45 others want loaded weapons legal in more parks and refuges.

ERIKA BOLSTAD
Anchorage Daily News

WASHINGTON -- Both of Alaska's U.S. senators have signed a letter asking the Interior Department to repeal federal gun rules for national parks and wildlife refuges, saying that the existing guidelines are "confusing, burdensome and unnecessary."

If federal officials agree, the result could be people being able to legally carry loaded guns onto federal lands in Alaska where they're now banned, including much of Denali National Park.

The letter was drafted by U.S. Sen. Mike Crapo, R-Idaho, who asked Interior Secretary Dirk Kempthorne to change rules that prohibit visitors to most national parks and wildlife refuges from carrying operable, loaded guns.

Such changes would "respect the second amendment rights of law-abiding gun owners, while providing a consistent application of state weapons laws across all land ownership boundaries" Crapo said in his letter.

The letter was signed by 47 senators, including Sens. Lisa Murkowski and Ted Stevens, both Republicans.

Stevens' signature is "consistent with his long-standing support for Second Amendment rights, as well as state's rights," said his spokesman, Aaron Saunders.

"In Alaska, legally possessing a gun is as much a necessity as it is a right," Saunders said. "Senator Stevens strongly supports streamlining federal regulations regarding law-abiding citizens carrying firearms on public lands."

Murkowski had similar reasons for her support, said spokesman Kevin Sweeney.

"She's signing on as someone who's an advocate for Second Amendment rights," he said.

If the changes were adopted, it could mean that people would be allowed to carry loaded guns in most public areas of Alaska's national parks, including the main road into Denali National Park.

However, there currently is no process under way to change the existing gun guidelines on federal lands, said Interior Department spokesman Chris Paolino.

"We've received the letter and will review it and take the senators' views into consideration," he said.

ARRAY OF REGULATIONS

Current gun regulations on federal lands vary, depending on the agency and the purpose of the land.

Active, operable guns are allowed on federal land overseen by the Bureau of Land Management, for example, as long as the applicable state and local firearms laws are followed.

Nationwide, guns are generally allowed on national wildlife refuges and in national parks -- but only if the owner has broken down the firearm and has it in a carrying case, rendering it inoperable.

However, there are some exceptions, particularly in Alaska. Some national wildlife refuges allow hunting, and guns are acceptable during hunting season. There also are 59 National Park units nationwide where people can hunt and carry weapons, Paolino said, but again, only during hunting season.

If park visitors are uncertain about the regulations, "there's no harm in calling where you're headed and just asking the question, and getting it clarified," Paolino said.

In Alaska, however, there are separate regulations for guns at national parks within the state, said John Quinley, a spokesman for the national parks in Alaska.

Operable firearms aren't allowed at all in Klondike Gold Rush or Sitka national parks. They're also not allowed in the older parts of Denali, Katmai and Glacier Bay national parks, where they must be broken down and inoperable if visitors have them. In Denali, that prohibition includes the area of the park seen by most visitors: the park road, between the Parks Highway and Wonder Lake. In Katmai, operable guns are off-limits at the popular Brooks Camp.

However, it's acceptable to have a loaded, operable gun in much of the national parkland added to Alaska after 1980, including vast swaths of Denali, Katmai and Glacier Bay.

That's largely for protection against bears in backcountry locations, Quinley said, although the park service points out that visitors are also allowed to use pepper spray if they feel threatened by a bear.

NRA IN THE PICTURE

The changes to federal gun rules have long been sought by the National Rifle Association, which has been trying to modify the regulations for about five years, said spokeswoman Ashley Varner.

"When you have law-abiding citizens who are not allowed to carry firearms for personal protection when they are out hiking, when they are out camping deep in the national forests ... that really leaves the law-abiding citizens defenseless," Varner said.

They're merely asking for consistency from federal agencies, said Crapo's spokeswoman, Susan Wheeler. Often, people aren't aware whether they are on federal or state land, and don't know which regulations they should be following, Wheeler said.

Sometimes, people have to stop and break down a gun and stow it in a carrying case when they cross from state lands to federal lands, Wheeler said.

"We've got a couple of agencies that go by state law and some that don't," she said. "If they all went by the same rules, that would be a lot easier."

Crapo decided to press for the changes now, so that they would be considered before the end of the Bush administration, when a new Interior secretary will be in place, Wheeler said.

The Idaho Republican has spoken to Kempthorne about his proposal, Wheeler said. She wouldn't elaborate on whether the Interior secretary, a former senator and Idaho governor, was interested in the changes.

"We would hope that he would be amenable to it, being a fellow Westerner and understanding the lifestyle," she said.