Help getting laws changed!

[jmarshall]

Ok so I have a law that disturbs me that needs to be changed. The law is USACE Federal Regulation 36 CFR
327.13 which states:

(a) The possession of loaded firearms, ammunition, loaded projectile firing
devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under §327.8, with devices
being unloaded when transported to, from or between hunting and fishing
sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.

We need to get an allowance for lawful folks to carry for self defense.

Who needs to be written about this? I wrote to the USACE for clarification and was told any changes would need to be made through the Administrative Procedures Act (5 U.S.C. §§ 551-706). What does that mean, and who needs to be written to about this?

I imagine that the help of my PAFOA brothers will be needed to change this. Who's with me?

[thefirstndsecond]

Sounds good to me. I am in. Although the second Amendment is the federal carry permit.

[ImminentDanger]

The law is USACE Federal Regulation 36 CFR
327.13 which states:

Well, to clarify what you're talking about, you should have included the title reference as well (and a link):

Title 36 -- Parks, Forests, and Public Property
CHAPTER 111 -- U.S. ARMY CORPS OF ENGINEERS
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCES DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS

327.13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.

http://www.swf.usace.army.mil/pubdat...es/title36.pdf
http://www.saw.usace.army.mil/wkscott/Title%2036.html


If you googled what you were told - Administrative Procedures Act (5 U.S.C. §§ 551-706) - you would have found this: http://www.archives.gov/federal-regi...ive-procedure/

Wade in and see what you find.....

...
ID

Edit - Here's what I found so far:

http://www.archives.gov/federal-regi...edure/553.html

§ 553. Rule making

(e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.

And this - (I'd suggest contact HQ by phone and find out if there is a specific FORM required to file for an amendment of an existing regulation...)

Regulatory Division Offices - use this link to access a list of the addresses and telephone numbers for the 8 regional Regulatory Division Offices - http://usace.army.mil/CECW/Pages/reg_division.aspx

Headquarters Contact: You also can contact the Regulatory Headquarters Office by telephone at: 202-761-5903 or 800-581-8479

[Sebastian]

What you're seeing isn't a law, but rather a regulation promulgated by an Agency, namely the Army Corps of Engineers. This falls under Administrative Law, and the provisions of the Administrative Procedures Act.

There are a few ways to go about changing a regulation. One is to file a "Petition for Rulemaking" with the regulating agency. If you go this route, given this Administration, it's likely to be completely ignored. Agencies typically don't like changing their regulations, so it will take some leaning on it either through the White House, Congress or both to get them to play ball. You're not going to get cooperation from the current White House. If they did agree to consider a new rule, there would have to be a proposed rule, and a public comment period. New rules have a lot of other hoops to jump through as well.

The second way is to have Congress direct the agency to repeal the rule. This is how National Park Carry was fixed once the process described above fell apart. But to do this requires a vote in both houses and the President's signature. This is probably the easier route, because something like this could be amended to a "must pass" bill so as to avoid the inevitable veto by the White House. That's why the National Park rule change was attached to a Credit Card reform bill.

There's probably not a whole lot PAFOA is going to be able to do to influence the process. This is really something NRA has to push at the federal level. Given the current climate, I'd be lying if I said it wasn't an uphill battle. Getting this changed is probably doable, but I wouldn't want to bet on how long it would take.