Obama Administration -- Less protection for gun rights
U.S.: Less protection for gun rights : SCOTUSblog
Lyle Denniston Reporter
Posted Wed, October 19th, 2011 7:24 pm
U.S.: Less protection for gun rights
Asked by the Supreme Court for its views on the scope of a constitutional right to have a gun outside one’s home, the Obama Administration has tentatively suggested a standard that would mean that more restrictions on that right — but not really tight limits — would probably be upheld in court.
Brief found @ http://tinyurl.com/64uqqsn
National Park Carry -- YES YOU CAN
Re: National parks yes you can carry -- consistent with the Laws of the State where the park is located. If a national park is across state line (such as the Blue Ridge Parkway) you must comply with the laws of the State in which you are at the time.. :image035:
See: House passes measure expanding gun rights - CNN :smile:
And now from the National Park Service, itself.
Q. Why are people allowed to have firearms in some national parks?
A. A new federal law (Sec. 512 of P.L. 111-24), effective February 22, 2010, makes national parks – and national
wildlife refuges – subject to applicable federal, state, and local firearms laws. The law is a provision of the Credit
Card Accountability Responsibility and Disclosure Act of 2009, which was passed by Congress and signed by the
President in May 2009.
And the Law, itself.
Text of Section 512, P.L. 111-24, Credit Card Accountability Responsibility and Disclosure Act of 2009, 123 Stat. 1764-65 § 512 SEC.
512. PROTECTING AMERICANS FROM VIOLENT CRIME.
(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
FWIIW, VCDL was one of the very first to partition for this change and we fought hard and long for it.
For background & time-line see: The National Park Service self defense ban repeal effort time line