National Park Gun Rule

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CURRENT ANNOUNCEMENTS AND NEWS RELEASES
SOURCE: Federal Register, April 30, 2008


General Regulations for Areas Administered by the National Park
Service and the Fish and Wildlife Service [Firearms]


ACTION: Proposed rule.

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SUMMARY: The Department of the Interior, through the National Park
Service and the Fish and Wildlife Service, proposes to amend
regulations presently codified in 36 CFR part 2 and 50 CFR part 27,
which provide guidance and controls for the possession and
transportation of firearms in national park areas and national wildlife
refuges. The proposed amendments would update the regulations to
reflect current state laws authorizing the possession of concealed
firearms, while maintaining the existing regulatory provisions that
ensure visitor safety and resource protection such as the prohibitions
on poaching and limitations on hunting and target practice.

DATES: Written comments will be accepted through June 30, 2008.

Note: Comment deadline has been extended to August 8, 2008.

ADDRESSES: You may submit comments, identified by the number 1024-AD70
by any of the following methods:
--Federal rulemaking portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
--Mail: Public Comments Processing, Attn: 1024-AD70; Division of Policy
and Directives Management; U.S. Fish and Wildlife Service; 4401 N.
Fairfax Drive, Suite 222; Arlington, VA 22203.
--Hand-deliver: 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.

FOR FURTHER INFORMATION CONTACT: Mark Lawyer, (202) 208-3181,
Mark_Lawyer@ios.doi.gov.

Background

    A core tenet of our system of government is that States have the
prerogative to develop their own policies and standards in many areas,
and this principle has long been honored with respect to policies
governing the possession of firearms. Recognizing the importance of
this long-standing tradition, we believe that federal agencies have a
responsibility to recognize the competence of the States in this area,
and that federal regulations should be developed and implemented in a
manner that respects ``state prerogatives and authority.'' Cf.
Executive Order 13132 of August 10, 1999 (``Federalism'').
    This proposed regulation is intended to give greater effect to
these principles. As discussed below, forty-eight States authorize
citizens to carry concealed weapons for the purpose of self-defense.
Existing federal regulations governing firearms in national parks and
national wildlife refuges, promulgated before many of these State laws
were in effect, properly limit poaching and target practice, but
unnecessarily disable or limit the ability of law-abiding citizens to
possess, carry, and transport a concealed firearm. The Department
believes that Federal regulations should be amended to defer to this
development in State law, particularly where, as in this case, the
deference can be achieved without harm to the visitors or resources the
regulations are designed to protect.
    The existing regulations contained in Part 2 of Title 36, and Part
27 of Title 50 of the Code of Federal Regulations are used by the
National Park Service (NPS) and the Fish and Wildlife Service (FWS) to
protect the natural and cultural resources of park areas and refuges,
and to protect visitors and property within those lands. In their
current form, these regulations generally prohibit visitors from
possessing an operable and loaded firearm in areas administered by
these bureaus unless the firearm is used for lawful hunting activities,
target practice in areas designated by special regulations, or other
purposes related to the administration of federal lands in Alaska. The
regulations also allow visitors to transport firearms through parks and
refuges subject to limitations that generally require the firearm to be
unloaded and rendered inoperable or inaccessible.
    The current FWS and NPS regulations were last substantively updated
in 1981 and 1983, respectively. Forty eight States now provide for the
possession of concealed firearms by their citizens. In many States, the
authority to carry loaded and operable concealed firearms extends to
State park and refuge lands, whether expressly or by operation of law.
Since the Federal regulations have remained unchanged during this time,
the provisions fail to distinguish between firearms used by the general
public for recreational purposes and the concealed and loaded weapons a
limited number of citizens may now carry pursuant to state authorities.
This restricts fundamental freedoms without yielding the benefits the
regulations were promulgated to achieve. It also results in unnecessary
limitations on the applicability of state law.
    The Department's intent in undertaking this rulemaking process is
to better respect the ability of states to determine who may lawfully
possess a firearm within their borders while preserving the Federal
government's authority to manage its lands, buildings, and facilities.
Mindful of that objective, the Department proposes to amend existing
regulations in order to allow individuals to carry concealed weapons in
park units and refuges to the extent that they could lawfully do so on
analogous state-administered lands. In this regard, the proposal is not
designed to authorize firearms possession in federal
facilities, or when otherwise forbidden by state or federal
law. Rather, the Department's proposed rule is intended to respect
state authority in a similar manner to that adopted in existing
regulations by the Bureau of Land Management and the U.S. Forest
Service. Each of these agencies authorizes the possession of loaded and
concealed weapons consistent with the applicable authorities of the
state in which the lands are located.
    By adopting state law in this manner, the Department continues a
tradition of managing federal lands in cooperation with states. This
often includes the adoption of non-conflicting state authorities. For
example, the FWS and NPS have adopted state laws and regulations in the
areas of hunting, fishing, and boating.
    Under the proposed amendment, visitors must have authority to
possess loaded and concealed firearms on analogous state lands before
they will be allowed to carry firearms in Federal park areas and
refuges. In practice, this will mean that two conditions must be met in
order for this proposed regulatory change to permit the possession of
firearms on federal parks and refuges. First, the state in which the
park or refuge unit is located must have laws that allow the individual
to possess concealed and loaded firearms. And second, the authorization
to carry a concealed and loaded firearm must be applicable on the
analogous state lands in the State in which the park or refuge is
located. Where these conditions are present, the proposed amendments
will accommodate State prerogatives with respect to recognition of
licenses issued by other States, including reciprocity agreements.
Individuals authorized to carry firearms under this rule will continue
to be subject to all other applicable state and federal laws.
Accordingly, as stated above, this rule does not authorize the carrying
of concealed firearms in federal facilities in national parks and
wildlife refuges.
    The Department recognizes that national park areas and wildlife
refuges may present resource management obligations that differ from
those of state park units and wildlife areas. National park areas and
refuges are often located in close proximity to state parks or refuges,
and visitors to these sites may frequently travel through a combination
of federal and state lands during the course of a visit. In these
circumstances, we believe that adopting the state standards for the
possession of firearms on federal lands will promote uniformity of
application, better visitor understanding of the requirements, visitor
safety, resource protection, and increased cooperation between state
and federal law enforcement officials.
    The Department believes that the proposed amendments give greater
effect to principles of Federalism while maintaining protection of
visitors and the values that have led to the establishment of park
areas and wildlife refuges. We note that a number of individuals
throughout America have obtained permits to carry firearms under state
laws, most of which require background screening and some form of
training or certification in gun safety. Moreover, a number of states
also allow individuals to carry operable and concealed firearms in
state park areas or wildlife refuges. We strongly endorse the principle
that States have the prerogative to develop appropriate policies and
standards in this area, and believe that our management of parks and
refuges should give the greatest respect to the democratic judgments of
State Legislatures.
[Webmaster's comment: see Federal Register for complete announcement]
[To view a statement opposed to the regulation change, see Association of
National Park Rangers

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