Originally Posted by Interior Department Opens Public Comment Period on Proposed Park and Refuge Firearm Regulations

WASHINGTON, D.C. - Secretary of the Interior Dirk Kempthorne today announced the beginning of a 60-day public comment period on updates to regulations regarding the carrying of firearms in national parks and wildlife refuges. The proposed update to existing regulations would allow an individual to carry a concealed weapon in national parks and wildlife refuges if, and only if, the individual is permitted to carry a concealed weapon and is authorized to do so on similar state lands in the state in which the national park or refuge is located. The proposed update is available in the Federal Register and on www.doi.gov.

Existing regulations regarding the carrying of firearms remain otherwise unchanged, particularly limitations on poaching and target practice and prohibitions on carrying firearms in federal buildings.

“The safety and protection of park and refuge visitors remains a top priority for the Department of the Interior,” said Secretary Kempthorne. “The proposed regulations will incorporate current state laws authorizing the possession of concealed firearms, while continuing to maintain important provisions to ensure visitor safety and resource protection.”

On February 22, 2008, Secretary Kempthorne responded to letters from 51 Senators, both Democrats and Republicans, urging him to update existing regulations which prohibit the carrying of firearms in national parks and wildlife refuges. In his response, the Secretary directed Assistant Secretary for Fish and Wildlife and Parks Lyle Laverty “to develop and propose for public comment by April 30 Federal regulations that will update firearms policies on these lands to reflect existing Federal laws (such as those prohibiting weapons in Federal buildings) and the laws by which the host states govern transporting and carrying of firearms on their analogous public lands.”

The regulations, as currently in effect, were adopted in 1981 for national wildlife refuges and 1983 for national parks. Since that time many states have enacted new firearms policies. Currently, 48 states have passed legislation allowing for the lawful possession of concealed weapons.

“The original regulations, last substantially updated in the early 1980’s, were enacted over 25 years ago and much has changed in how states administer their firearm laws in that time,” said Assistant Secretary Lyle Laverty. “We strongly endorse the principle that states have the prerogative to develop appropriate policies and standards in this area, and believe that our management of parks and refuges should defer to those state laws.”

Once the public comment period has closed, all comments received will be evaluated and incorporated into the decision making process on a final rule. The number and substance of the comments received will determine the timeline for the final decision.

Originally Posted by New rule lifts ban on firearms in national parks

WASHINGTON -- People will soon be able to carry concealed, loaded guns in most national parks and wildlife refuges.

The Bush administration said Friday it is overturning a 25-year-old federal rule that severely restricts loaded guns in national parks.

Under a rule to take effect in January, visitors will be able to carry a loaded gun into a park or wildlife refuge _ but only if the person has a permit for a concealed weapon and if the state where the park or refuge is located also allows concealed firearms.

The new rule goes further than a draft proposal issued last spring and would allow concealed weapons even in parks located in states that explicitly ban the carrying of guns in state parks. Some states allow concealed weapons but also ban guns from parks.


"If you can carry (a gun) on Main Street, you are allowed to carry in a national park," said Chris Paolino. a spokesman for the Interior Department.

The Interior Department rule overturns a Reagan-era regulation that has restricted loaded guns in parks and wildlife refuges. The previous regulation required that firearms be unloaded and placed somewhere that is not easily accessible, such as in a car trunk.

Assistant Interior Secretary Lyle Laverty said the new rule respects a long tradition of states and the federal government working together on natural resource issues.

The regulation allows individuals to carry concealed firearms in federal parks and wildlife refuges to the same extent they can lawfully do so under state law, Laverty said, adding that the approach is in line with rules adopted by the federal Bureau of Land Management and the U.S. Forest Service. Those agencies let visitors carry weapons consistent with applicable federal and state laws.

The National Rifle Association hailed the rule change, which will take effect next month before President-elect Barack Obama takes office.

"We are pleased that the Interior Department recognizes the right of law-abiding citizens to protect themselves and their families while enjoying America's national parks and wildlife refuges," said Chris W. ***, the NRA's chief lobbyist.

The rule will restore the rights of law-abiding gun owners on federal lands and make federal law consistent with the state where the lands are located, *** said. The NRA led efforts to change gun regulations they called inconsistent and unclear.

A group representing park rangers, retirees and conservation organizations said the rule change will lead to confusion for visitors, rangers and other law enforcement agencies.

"Once again, political leaders in the Bush administration have ignored the preferences of the American public by succumbing to political pressure, in this case generated by the National Rifle Association," said Bill Wade, president of the Coalition of National Park Service Retirees.

"This regulation will put visitors, employees and precious resources of the National Park System at risk. We will do everything possible to overturn it and return to a commonsense approach to guns in national parks that has been working for decades," Wade said.

The park rule will be published in the Federal Register early next week and take effect 30 days later, well before Obama takes office Jan. 20. Overturning the rule could take months or even years, since it would require the new administration to restart the lengthy rule-making process.

Nick Shapiro, a spokesman for President-elect Barack Obama's transition team, said no decision had been made on the gun rule.


"President-elect Obama will review all eleventh-hour regulations and will address them once he is president," he said.

Sen. Mike Crapo, R-Idaho, hailed the new rule. Crapo and Sen. Max Baucus, D-Mont., had organized letters to Interior Secretary Dirk Kempthorne complaining about the gun restrictions. The letters were signed by half the Senate _ 41 Republicans and nine Democrats.

"I congratulate Secretary Kempthorne for taking this stand. The rule as it has come out is what we asked for with regard to handguns," Crapo said. "It's a very, very significant improvement."

Crapo called the current rule confusing and complex and said it "literally resulted in different standards as you traveled through the same state."

But Sen. Dianne Feinstein, D-Calif., said the new rule was a mistake.

"The Reagan-era rules have stood the test of time and make our national parks safe for all who visit them," Feinstein said. "The Bush administration changes will make our national parks more dangerous and will upset the delicate balance that exists between park visitors and wildlife."

Interior spokesman Paolino said the rule would not affect a ban on guns in federal buildings. Guns will still be prohibited in national icons such as Independence Hall and the Statue of Liberty, he said. Guns also will be banned in visitor centers and other buildings at national parks.