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Guns in the Parks

Last Updated: May 8, 2008

Having guns unloaded and stored is reasonable

The National Rifle Association (NRA) is pushing hard to allow loaded guns in America's national parks. Under intense political pressure orchestrated by the NRA, the Bush Administration recently proposed new regulations that would allow visitors to carry loaded, concealed firearms in national parks if the state where a national park unit is located permits people to carry concealed firearms in their state parks. Mandating that national park units abide by state park gun laws will be confusing to both visitors and park rangers and would force the creation of a new, complex (and costly) gun bureaucracy.

There is no demonstrated need to change the existing regulations. The current firearm safety and uniformity regulations have been successful at maintaining our national parks as safe and peaceful family destinations. In fact, statistics show that the probability of becoming a victim of a violent crime in a national park is 1 in 708,333, which is less likely than being struck by lightening during one's lifetime.

The Bush Administration's decision to reopen the current regulations comes after the NRA convinced a number of Senators to send Interior Secretary Kempthorne a letter that incorrectly states that the National Park Service "prohibits" individuals from having guns in parks. The NRA is also supporting   separate pieces of legislation introduced by Senator Coburn of Oklahoma, Representative Hensarling of Texas, and Representative Broun of Georgia (S. 2619, H.R. 5434, and H.R. 5646, respectively) that would prohibit the Interior Secretary from enforcing the current limited and reasonable regulations that enable park rangers to protect park resources and ensure visitor safety.

Under Current Regulations, It Is NOT UNLAWFUL To Transport Firearms Through National Parks.

The NRA's assertion that firearms cannot be possessed or transported in national parks is simply untrue. Currently, firearms are allowed in parks as long as they are unloaded and put away, which includes placing a weapon in the trunk of a vehicle. According to the established guidelines under 36 CFR 2.4 (a)(2): "unloaded weapons, traps and nets MAY BE POSSESSED: (i) within a residential dwelling. (ii) within a temporary lodging or mechanical mode of conveyance when such implements are rendered inoperable or packed, cased or stored in a manner that will prevent their ready use."

These regulations were last revised in 1983 by the Reagan Administration after a four-month public comment period.  A much older version of this regulation was established in 1936 to prevent the poaching of wildlife, and was included in the National Park Service's first general regulations adopted after the creation of the agency in 1916.

The current regulations are strongly supported by current and former park ranger professionals. In a letter sent to Secretary Kempthorne on April 3, seven former directors of the National Park Service stated that there is no need to change the regulations. "In all our years with the National Park Service, we experienced very few instances in which this limited regulation created confusion or resistance," the letter stated. "There is no evidence that any potential problems that one can imagine arising from the existing regulations might overwhelm the good they are known to do."

In a November 2007 letter to Representative Nick Rahall of West Virginia, chair of the House Committee on Natural Resources, the current National Park Service Director, Mary Bomar, expressed support for the existing regulations stating that they "provide necessary and consistent enforcement parameters throughout the National Park System."

Regulatory Patchwork Would Cause Confusion.

Contrary to the NRA's campaign for "simple" and "uniform standards" in gun laws, the proposed regulation would require park visitors to comply with a confusing patchwork of state gun laws that could prove to be a bureaucratic nightmare for both gun owners and park rangers. Concealed firearm laws vary dramatically from state to state. Some states recognize concealed weapons permits from other states. The differences and the extent of these reciprocity agreements will be confusing to both visitors who will be required to abide by these rules and for park rangers who would have to enforce them.

The Bush Administration proposal will also prove difficult to implement for some parks, such as Death Valley National Park, Delaware Water Gap National Recreation Area, Great Smoky Mountains National Parkand Yellowstone National Park are in multiple states. If someone with a concealed firearm from Nevada, which has liberal gun laws, were visiting Death Valley National Park and hiked or drove into the section of the park inside California state boundaries, a state with stringent gun laws, which state's laws would apply?

Finally, parks will have to determine how to preclude concealed guns from certain visitor and administrative facilities, increasing the need and expense for signing, security devices and other preventive measures.

America's Parks Are Special National Treasures, Not State Entities.

Units of the National Park System are unique among public lands because they have been recognized and protected by Congress for their outstanding national significance. Our parks are peaceful places where all Americans have the opportunity to learn, enjoy, and be inspired.

If approved, however, the proposed regulation would diminish the family friendly atmosphere that makes our parks attractive family destinations.  Visitors from across the nation, and from around the world, come to share the peace and tranquility found in the parks with family, friends, and other visitors.  The carrying of concealed weapons within these special places would cast an air of doubt, fear, and mistrust among many park visitors.

We hope you will join the Association of National Park Rangers, the Coalition of National Park Service Retirees, the Ranger Lodge of the Fraternal Order of Police, all seven surviving former Directors of the National Park Service, the National Parks Conservation Association, and others in voicing your opinion on this important issue by letting the Department of Interior know the existing rules should continue.

The Bush Administration will be accepting comments on their proposal until June 30.

For More Information

Contact Bryan Faehner, Legislative Representative at 202-419-3700 or bfaehner@npca.org.

 

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