This is a discussion on Brady Campaign Sues To Overturn Park Rule within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by Sticks How does one conduct an environmental impact study on the difference between a loaded firearm, and an unloaded firearm which was ...
Array
Environment = Surrounding Conditions.Originally Posted by Sticks
It's more than just say, the trees, water, etc. There's other park goers, animals, etc. The impact of regulations is studied because too often we see laws and regulations passed with too little thought given to the unintended consequences. Unfortunately the process is often abused by special interest groups.
"Wise people learn when they can; fools learn when they must." - The Duke of Wellington
Array
User is correct. Post offices, Federal buildings are designated off limits to any firearm, concealed or not. The open spaces of the National Parks is public domain administered by the Department of Interior. Kind of boils down to setting aside a piece of property that people can walk upon and view and behold the natural landscape, geological features, etc without having to worry if they are trespassing on someone Else's property. Since it's OUR property, it should be considered as OUR home. Everyone has a right to walk upon it, and if it means one must carry a firearm for their peace of mind and protection, why is that any different from someone carrying a compass, book of matches, GPS receiver, pocket knife or any number of other tools that may come of use in the park area. I would be more concerned about the book of matches with the high incidence of forest fires, than I would the occasional few of CPL holders that would grace the landscape, that, for more or less, would never even be noticed as "different" except within their "own".
Array
ok guys and gals. do the law suits pending have anything to do with park carry until a judge makes some kind of ruling? today is the day it is suppose to be legal
Array
Unless a judge signs a restraining order to the contrary, today's the day....
There was mention of a 30 day period for the parks to actually initiate compliance, so maybe we're not there just yet.
A veteran, whether active duty, retired, national guard or reserve is someone who, at one point in his/her life, wrote a blank check made payable
to "The United States of America" for an amount of "up to and including my life." Author unknown
Array
That was the narrow issue upon which the suit was predicated; however the Court's holding was broader than that. As I read the decision, the principle that a person is entitled, as against regulation by the United States, to arm himself for self-defense, subject to "reasonable regulation". And "reasonable regulation" cannot include a total ban on handguns. I'd be willing to argue that, without any fear of sanctions.
In order to obtain a temporary injunction, the plaintiff will have to show that it has a substantial likelihood of winning on the merits and obtaining a permanent injunction. In order to do that, it will have to show by a preponderance of the evidence that there was a defect in the rulemaking procedure, or that the conclusion of the procedure exceeds the authorization for rulemaking created by Congress. I really don't see how that's going to happen.
I'd be willing to help out on that, if somebody else can do a bunch of the legwork. It's not easy, but if several people, especially people with experience thinking about legal stuff or doing law library work could help, I could draft the final product, sign it, and file it.
I am admitted to practice before that court, and can sign the brief.
Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com
Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.
Array
Must be something very wrong with me ... carrying makes me feel far less inclined to violence ... unless you're a squirrel
Posting Permissions
LinkBack URL
About LinkBacks
Reply With Quote