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

Summary

The Secretary cannot make or enforce any rule that stops a person from having a firearm, including an assembled or working gun, on any System unit if the person is not already forbidden by law from having the gun and if the gun possession follows the law of the State where that System unit is located. Congress found that the Second Amendment protects the right to keep and bear arms. It noted a federal rule (36 C.F.R. 2.4(a)(1)) had broadly banned possessing, carrying, or using weapons on System units and kept law‑abiding people from exercising their rights. Different rules at different units trapped lawful gun owners. New rules went into effect January 9, 2009, but a court put them on hold on March 19, 2009; those rules are under review and may change. Congress said it must protect these rights on 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