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Di Fi Not Liking Proposed NPS Rule Change

This isn’t a rule that will affect her properly disarmed constituents, so I don’t get why she cares:

“I never thought I’d see the day when the Interior Department of the United States would allow weapons – including concealed weapons – to be carried freely in our national parks and wildlife refuges. To me, this is appalling, and puts both people and animals at risk.

Don’t worry Diane, California prohibits guns in parks.  You won’t be able to carry there, since you’re so upset about this.

This change makes no sense. It would create an incoherent, ineffective, and inconsistent patchwork of policies – across the country, and in some places within the same national parks. For example, Death Valley National Park is in California and Nevada. California prohibits loaded and accessible weapons in its state parks. Nevada does not. So which state law would apply at Death Valley National Park?

It’s pretty simple.  The portion of the park in Nevada follows Nevada law.  The portion in California follows California law.  I thought that was pretty clear in the rule.

8 Responses to “Di Fi Not Liking Proposed NPS Rule Change”

  1. Carl in Chicago says:

    I’m the public, and here’s my letter. Copy and paste if anyone wishes…

    Public Comments Processing
    Attn: 1024-AD70
    Division of Policy and Directives Management
    U.S. Fish and Wildlife Service
    4401 N. Fairfax Drive, Suite 222
    Arlington, VA 22203

    30 April 2008

    I support proposed rule (RIN 1024-AD70) on the grounds of both law and policy.

    Regarding the law, states have long reserved the power to regulate their affairs, so long as they do not infringe basic constitutional rights of the people. State-issued concealed weapon laws are prevalent (48 states with some form of this law) and successful (no state has repealed such law). The Second Amendment to the US constitution guarantees that the right to keep, and to bear, arms shall not be infringed. Yet because the amendment has not yet been incorporated against state or local governments, it has generally been the prerogative of the states to regulate firearms and their use. The proposed rule is consistent with this history, and frees states to govern firearm use on federal land within the borders of that state. In other words, good law is consistent law, and the proposed rule, if adopted, would increase intra-state consistency regarding carry regulations.

    Regarding policy, state concealed carry laws have been heavily scrutinized. In the majority of states for which data is available, concealed carry has been credited with reducing crime, particularly violent crime rates. In the remaining states, it has been found to have had no statistically significant effect. Within no state have these laws been shown to increase crime. Thus, and generally, concealed carry is good policy that promotes the public safety and well-being.

    Perhaps the most vocal opponents of this proposed rule express concern that the crime of wildlife poaching might be increased, should it become lawful for licensed, trained, and permitted adults to carry concealed firearms. I feel this argument has little merit (if any). Nationwide, approximately 3% of the adult population undergoes the criminal background checks, the training, the licensing, and the fee payment, etc., just to exercise their right to bear arms and to defend themselves and their loved ones from harm. The citizens receiving these licenses are the most law-abiding among us – the rate of license revocation among these people is measured in the hundredths of a single percentage point. Moreover, poachers don’t kill wildlife with short-barreled concealed handguns, and it’s exactly concealable handguns that are targeted by the proposed rule. The very people that are the most law-abiding in our society – the concealed carry license holders – have demonstrated that they abide the law. They certainly won’t be violating wildlife laws.

    On the basis of law and sound public policy, I support the adoption of rule RIN 1024-AD70.

    Sincerely,

    CC:
    Senator Richard Durbin
    Senator Barack Obama
    Representative X

  2. ParatrooperJJ says:

    Actually I disagree with your idea about CA and NV. I read the proposed rule to saw that if I enter the park from NV then I can carry even if I am in the section of park that is in CA.

  3. Sebastian says:

    A person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in the same manner, and to the same extent, that a person may lawfully possess, carry, and transport concealed, loaded and operable firearms in any state park, or any similar unit of state land, in the state in which the federal park, or that portion thereof, is located, provided that such possession, carrying and transporting otherwise complies with applicable federal and state law

    Once you leave “that portion thereof” that resides within Nevada, you have to then follow California law when you’re in that part.

  4. ParatrooperJJ says:

    Ok how does one know? Do they have state line markers in the parks?

  5. Carl in Chicago says:

    We’re splitting hairs a little here, aren’t we?

    Either you are in California or in Nevada. Simple as that. If you don’t exactly know, then be conservative….if you’re not SURE you’re in NV, then don’t carry. An officer potentially trying to figure this out would have to be trusted to be reasonable…some will be, others will not be. When in doubt, be conservative. Or carry a GPS receiver if you are worried about lines and inches….perhaps some would be uncomfortable with that even, given accuracy can be as “poor” as three feet.

    One can miss the forest for the trees, sometimes….or, in fact, much of the time.

  6. Sebastian says:

    When I was in Yellowstone they were marked. Don’t know about on the trails.

  7. Nate says:

    Hey I live near Death Valley NP. Knowing which state you were in would actually be an easier thing to deal with than the current situation. Currently, there are different regulations for firearms in Forest Service and BLM administered lands than in the parks, and DVNP is surrounded by both of these, and there is certainly not a line running through the desert delineating these lands. The boundaries of the park are arbitrary and in places are straight lines, and in others they follow ridge lines etc.

  8. ParatrooperJJ says:

    A GPS on a good day might have 10 meter accuracy. Who wants to be arrested for being 10 into CA? Remember we are talking about the feds here.

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