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16 U.S.C. § 1a–7bProtection of right of individuals to bear arms

submitted 17 years ago by Pub. L. 111-24 to r/title-16-CONSERVATION · 384 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress explains why it is protecting gun rights on national wildlife refuges. The Fish and Wildlife Service cannot ban firearms there. This applies if the person may legally own the gun and follows that state's gun laws.

(a) Congressional findings Congress lists several facts and beliefs behind this law: (1) The Second Amendment to the Constitution says the right to keep and bear arms "shall not be infringed." (2) A federal rule — section 27.42 of title 50 of the Code of Federal Regulations — generally bars people, except in special circumstances, from possessing, using, or transporting firearms on national wildlife refuges run by the U.S. Fish and Wildlife Service. (3) That rule stops people who are otherwise following federal and state law from exercising their Second Amendment rights while at units of the National Wildlife Refuge System. (4) Because different units of the National Wildlife Refuge System had different rules about carrying and possessing firearms, law-abiding gun owners could get caught out while at those units. (5) The Bush administration issued new rules on Second Amendment rights at refuge units, effective January 9, 2009. But on March 19, 2009, the U.S. District Court for the District of Columbia granted a preliminary injunction affecting the implementation and enforcement of those new rules. On top of that, the new rules were under review by the Obama administration and might be changed. (6) Congress says it needs to weigh in on the new rules, so that unelected bureaucrats and judges cannot again override the Second Amendment rights of law-abiding citizens on the 90,790,000 acres of land under the Fish and Wildlife Service's jurisdiction. (7) Federal law should make clear that an individual's Second Amendment rights at a unit of the National Wildlife Refuge System should not be infringed. (b) Protection of right of individuals to bear arms in units of the National Wildlife Refuge System The Secretary cannot create or enforce any regulation that stops someone from possessing a firearm — including one that is assembled or ready to fire — in any unit of the National Wildlife Refuge System. This protection applies only if both of these are true: (1) The individual is not otherwise barred by law from possessing that firearm. (2) Possessing the firearm complies with the law of the state where that unit of the National Wildlife Refuge System is located.
the actual law source: uscode.house.gov ↗public domain
(a) Congressional findings

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 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not “possess, use, or transport firearms on national wildlife refuges” of the United States Fish and Wildlife Service.

(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 units of the National Wildlife Refuge System.

(4)

The existence of different laws relating to the transportation and possession of firearms at different units of the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Wildlife Refuge System.

(5)

Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in units of the National Wildlife Refuge System 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 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service.

(7)

Federal laws should make it clear that the 2d amendment rights of an individual at a unit of the National Wildlife Refuge System should not be infringed.

(b) Protection of right of individuals to bear arms in units of the National Wildlife Refuge System

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 unit of the National Wildlife Refuge System 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 unit of the National Wildlife Refuge System is located.

Source credit: (Pub. L. 111–24, title V, § 512, May 22, 2009, 123 Stat. 1764; Pub. L. 113–287, §§ 4(d), 7, Dec. 19, 2014, 128 Stat. 3263, 3272.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-24 · 123 Stat. 1764
  • 2014Amended · Pub. L. 113-287 · 128 Stat. 3263, 3272

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-24 on 2009-05-22.

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