54 U.S.C. § 104906 — Protection of right of individuals to bear arms
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 348 words · no verdicts yet
This section protects gun owners' Second Amendment rights in System units. Congress finds that old federal rules banned weapons in park units, conflicting with citizens' rights. The Secretary cannot ban a firearm if the owner may legally have it and state law allows it.
(a) Findings.— Congress states seven findings. (1) The Second Amendment says the right to keep and bear arms shall not be infringed. (2) A federal regulation, 36 CFR 2.4(a)(1), generally bans possessing, carrying, or using a weapon, trap, or net in System* units, except as other rules allow. (3) That regulation stops law-abiding people from exercising their Second Amendment rights while in System units. (4) Because gun rules differed at different System units, law-abiding gun owners got trapped by inconsistent rules. (5) The Bush administration issued new rules protecting Second Amendment rights, effective January 9, 2009. But a federal district court blocked those new rules with a preliminary injunction on March 19, 2009, and the Obama administration was reviewing and could change them. (6) Congress needs to weigh in so unelected officials and judges cannot again override these rights on 83,600,000 acres of System land. (7) Federal law should make clear that an individual's Second Amendment rights at a System unit* must not be infringed.
(b) Protection of Right of Individuals To Bear Arms in System Units.— The Secretary* cannot make or enforce any regulation banning someone from having a firearm — including an assembled or working one — in a System unit, if two things are true: the person is not otherwise barred by law from having the firearm, and having it follows the law of the state where the System unit sits.
Congress finds the following:
The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”.
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”.
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.
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.
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—
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
the new regulations—
are under review by the Obama administration; and
may be altered.
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.
Federal laws should make it clear that the 2d amendment rights of an individual at a System unit* should not be infringed.
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—
the individual is not otherwise prohibited by law from possessing the firearm; and
the possession of the firearm is in compliance with the law of the State in which the System unit is located.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3168.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3168
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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