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Running the Clock Out

Department of Interior is stalling in hopes that an Obama administration won’t force them to change their rules on National Park Carry.  The deadline for comment has been extended to August 8th, so be sure to get your comments in!

2 Responses to “Running the Clock Out”

  1. countertop says:

    I don’t know that that is the case. Its customary to provide at least 90 days in most rulemakings for public comment, especially major ones, unless their is a compelling reason to do otherwise.

    While not a legal mandate under the APA, courts have generally looked down at agencies which weren’t willing to provide additional time, if they could.

    I suspect someone submitted a request for additional time – I’m sure its in docket – and the agency (wisely) decided to grant it to remove a pretty the possibility of the rule getting tossed on those grounds.

    As long as they provide a full opportunity for public comment, and have a rational basis for their ultimate decision, they are pretty much immune to challenge.

    I think its smart lawyering.

  2. RAH says:

    I disagree that they want to run the clock. That is unfair against the secretary of the Interior Dirk Kempthorne, who is pro gun. I actually was upset that the comment period was to end before the implications of the Heller decision were made. The proposed regulation was just as asked by the NRA, which only gave the right to carry in National Parks to those who have CCW. This creates a two-tier level of rights. Since National Parks are on Federal land, Heller applies directly without the issue of incorporation. Therefore the right of the individual to keep and carry a firearm should not be prohibited. Citizens in states that do not allow CCW like Maryland would not be allowed to carry a firearm on their hip or in their backpack. Many state do not allow CCW in state parks and the proposed regulation that those who would be allowed to carry in National Parks must be those whose states allow carry in states parks. This was a very restrictive rule.

    Senators of Hawaii asked DOI and Arizona and they had a legitimate request, even if they want to prevent the liberalization of carry regulations in National Parks. I want the regulation to be simple that visitors have the right to carry on them or in their belongings without restrictions. The can be a prohibition of firing a gun without good reason like self defense against man or animals or making a signal if lost. Fines can be levied as reckless discharge of a weapon and poaching for those who abuse the carry provisions.

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