§104906 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

Stops the Secretary from making or enforcing any rule that bans a person from having a firearm in any unit of the National Park System, as long as the person is not barred by law from having the gun and the gun is possessed in line with the state law where the park is. Congress found the Second Amendment protects the right to bear arms, that old park rules banned possessing, carrying, or using weapons, and that new rules put in place on January 9, 2009 were blocked by a court on March 19, 2009 and were under review by the Obama administration. Congress wanted to protect gun rights across 83,600,000 acres of System land.

Title 54, §104906

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)Congress finds the following:

(1)The 2d 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)The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units.

(4)The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units.

(5)Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units 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 Obama administration; and

(ii)may be altered.

(6)Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land.

(7)Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed.

(b)The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit 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 System unit is located.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10490616 U.S.C. 1a–7b (relating to National Park System).Pub. L. 111–24, title V, § 512 (relating to National Park System), May 22, 2009, 123 Stat. 1764. In subsection (a)(5)(B)(i), the words “the Obama administration” are substituted for “the administration” for clarity.

§104906 Protection of right of individuals to bear arms

Summary

Title 54, §104906

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata