Obama Administration -- Less protection for gun rights

This is a discussion on Obama Administration -- Less protection for gun rights within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; 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 ...

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  1. #1
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    Thumbs down 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.

    SNIP
    **

    Brief found @ http://tinyurl.com/64uqqsn


    Last edited by DaveH; October 19th, 2011 at 09:17 PM. Reason: strange spacing that showed up
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  3. #2
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    Whooopeedeeedooo. That's about as informative as someone telling me that water is wet.
    Mark Twain:
    The government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a
    patriot and who isn't. Its function is to obey orders, not originate them.

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    Quote Originally Posted by atctimmy View Post
    Whooopeedeeedooo. That's about as informative as someone telling me that water is wet.
    Yup!

    No surprises.

    However, I do believe in watching what the other-side is doing and in checking out the arguments that they are putting forward -- especially in legal briefs.

    Forewarned is forearmed.

    oakchas likes this.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    VIP Member Array oakchas's Avatar
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    Thanks for the post, Dave.
    Rats!
    It could be worse!
    I suppose

  6. #5
    VIP Member Array dukalmighty's Avatar
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    IMHO Obummer has more problems on his plate than irking a lot of the gun owners in this Country many who probably voted him in the first time
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    I'm confused. I thought is was legal to carry in a National park.
    Also, I lived in Ft. Wayne while Paul Helmke was Mayor. He is scum. I wished he would die then & I haven't changed my opinion.
    Guns to be legal in Olympic Nat'l Park - but not firing them | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News

    PORT ANGELES, Wash. - A federal law that takes effect Monday will allow visitors to carry loaded firearms into Olympic National Park and 371 other national parks and monuments across the nation.

    At Olympic National Park, staff has been gearing up.

    "We've known about this for a long time, so people have talking about it internally and getting ready," said Barb Maynes, park spokeswoman.

    The law - passed by Congress in May as an amendment to a credit card reform bill - requires the National Park Service to adopt the same gun-carry laws that the host state permits.

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    Quote Originally Posted by Nitefire1 View Post
    I'm confused. I thought is was legal to carry in a National park.
    Also, I lived in Ft. Wayne while Paul Helmke was Mayor. He is scum. I wished he would die then & I haven't changed my opinion.
    Guns to be legal in Olympic Nat'l Park - but not firing them | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News

    PORT ANGELES, Wash. - A federal law that takes effect Monday will allow visitors to carry loaded firearms into Olympic National Park and 371 other national parks and monuments across the nation.

    At Olympic National Park, staff has been gearing up.

    "We've known about this for a long time, so people have talking about it internally and getting ready," said Barb Maynes, park spokeswoman.

    The law - passed by Congress in May as an amendment to a credit card reform bill - requires the National Park Service to adopt the same gun-carry laws that the host state permits.
    I may have this incorrect, but my understanding was that it's legal in a National Forest but was not in a National Park (until this new law).
    Carpe Diem for Winter Is Coming

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    Quote Originally Posted by dukalmighty View Post
    IMHO Obummer has more problems on his plate than irking a lot of the gun owners in this Country many who probably voted him in the first time
    Guilty as charged!

    It was a "blond" moment!

    :(

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    Thumbs up 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..

    See: House passes measure expanding gun rights - CNN

    And now from the National Park Service, itself.
    http://www.nps.gov/mora/parkmgmt/upl...PublicFAQs.pdf

    **
    SNIP

    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.

    SNIP
    **

    And the Law, itself.

    http://tinyurl.com/3qteqwd

    **
    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


    [emphasis added]
    **

    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
    Last edited by DaveH; October 20th, 2011 at 01:49 PM. Reason: added actual text of the law
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    1. It became illegal to carry in national parks in 1983.
    2. At the end of his term, Bush II repealed the prohibition on carry in national parks.
    3. US courts stayed the Bush repeal.
    4. A rider allowing carry in national parks was attached the credit card bill, it passed congress
    and Obama signed it into law.

    Ronald Reagan, the so called "gunowners friend" made carry in national parks illegal. That awful liberal, Obama, repealed same.
    Hopyard likes this.

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