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CCW And The National Parks
The newest right to carry comes with complications.
By Brian McCombie
In January, an executive order, signed by then-President George W. Bush, allowed concealed carry in national parks and federal wildlife refuges. The two main requirements were that the park or refuge's host state must sanction concealed carry, and those wishing to carry must hold a valid carry permit.
Soon afterwards, media reports claimed park officials were confused about how to implement the new regulation, especially at parks that cross state lines.
"Well, excuse me, but people figure that out all the time," says Gary Marbut, president of the Montana Shooting Sports Association. "Gun owners know where the state line is when they have a concealed weapon and they go from Montana to Idaho. They know they're operating under a different set of rules, and they take the responsibility to act accordingly."
According to the regulation, "…to the extent that a State's law recognizes [carry] licenses issued by other States, including the applicability of reciprocity agreements, the [regulation]….recognize[s] such reciprocal authorities."
Several national parks cross states lines. Yellowstone National Park, for example, is located in Wyoming, plus sections of Idaho and Montana. Philip Selleck, National Park Service chief of regulations and special park uses, says the agency is schooling itself on the many reciprocity agreements and other related issues. But, he warns, things aren't always cut and dried.
"For example, Alaska recognizes most concealed carry permits," Selleck notes. "But a lot of states don't recognize Alaska's. You have a number of these situations."
As NPS becomes more conversant on these issues, Selleck says the parks will likely put up signs and offer brochures outlining applicable carry guidelines.
Meanwhile, lawsuits filed to stop the new regulation, including one by the anti-gun Brady Campaign, contend that the Bush administration violated the rulemaking process. The Obama administration's Justice Department defends the regulation.
At the Department of Interior, which oversees NPS and the U.S. Fish and Wildlife Service (administrator of the refugee system), spokesperson Matt Lee-Ashley says, "Secretary [Ken] Salazar believes the department should put forward its legal arguments in defense of the rulemaking procedure and allow the courts to reach a conclusion."
The defense is likely motivated by the president wanting to preserve the power of presidential executive orders.
As with most legalities, definitions are important. Here, the definition of a "federal facility" creates a potential complication. Federal law--which trumps a federal regulation--bans firearms in federal facilities. According to Selleck, "buildings where federal employees regularly discharge their government function, where they carry out their assigned duties, are federal facilities."
Toting your handgun into a park administration building? Illegal. Into a restroom along a park trail? Not a problem. But what about a concession within a park?
"If it's a hot dog stand, run as a concession by someone who isn't a park employee? It would be very hard to say that's a federal facility," says John Frazier with the National Rifle Association. "Obviously, you have to look at things case by case."
Media hype aside, NPS finds no initial problems with concealed carry thus far. "Nor are they likely to, no matter how long this [new regulation] stays in effect," says Frazier, as concealed carry practitioners know their state and local gun laws. NPS? It's just started on that learning curve.
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