Re: Carry inside Natl Parks
There are already states that prohibit carrying in any sort of park - so, yes they can.
Re: Carry inside Natl Parks
i CC'd at valley forge the other day, i didn't even notice the no firearms sign on the door at the visitors center.
Re: Carry inside Natl Parks
Quote:
Originally Posted by
knight0334
There are already states that prohibit carrying in any sort of park - so, yes they can.
How can they if it's federally owned property? I understand about state's rights and all, but that is assuming the property is theirs... in this case, it isn't.. That would kinda be like me having a house, and you telling me I can't put wallpaper in it.. wouldn't it?
Re: Carry inside Natl Parks
Quote:
Originally Posted by
bogey1
i CC'd at valley forge the other day, i didn't even notice the no firearms sign on the door at the visitors center.
Thank you for walking back to your vehicle and not going into the welcome center illegally carrying a weapon.
Re: Carry inside Natl Parks
Quote:
Originally Posted by
Dannytheman
Thank you for walking back to your vehicle and not going into the welcome center illegally carrying a weapon.
The law requires signage to be posted in order for the prohibition to be in force, and also requires the building to be staffed by Federal employees. Not ALL "buildings" on NP lands are no-carry zones. Apparently the Visitor's Center at Gettysburg is ok to carry in as well.
Re: Carry inside Natl Parks
Quote:
Originally Posted by
Dannytheman
Thank you for walking back to your vehicle and not going into the welcome center illegally carrying a weapon.
oh i walked back to my truck, after i got my daily pass to the air field..;)
Re: Carry inside Natl Parks
Quote:
Originally Posted by
gnbrotz
The law requires signage to be posted in order for the prohibition to be in force, and also requires the building to be staffed by Federal employees. Not ALL "buildings" on NP lands are no-carry zones. Apparently the Visitor's Center at Gettysburg is ok to carry in as well.
Valley Forge has the signage on all populated buildings(Welcome center and Chapel doors. (Nothing on the cabins though.)
Re: Carry inside Natl Parks
Quote:
Originally Posted by
NikeBauer21
How can they if it's federally owned property? I understand about state's rights and all, but that is assuming the property is theirs... in this case, it isn't.. That would kinda be like me having a house, and you telling me I can't put wallpaper in it.. wouldn't it?
That was my thinking also.
Re: Carry inside Natl Parks
Quote:
Originally Posted by
NikeBauer21
How can they if it's federally owned property? I understand about state's rights and all, but that is assuming the property is theirs... in this case, it isn't.. That would kinda be like me having a house, and you telling me I can't put wallpaper in it.. wouldn't it?
Quote:
Originally Posted by
mrjam2jab
That was my thinking also.
I too was wondering about the jurisdictional issues. I'm aware that some Federal properties can optionally adopt state law (like MV laws) but I would think that state's cannot unilaterally promulgate laws for Federal property. ie, they require some sort of Federal enabling legislation.
I think the 'trick' here is that the state law would not be the actual charge for violation but instead the charge would be the DOI regulation [36 CFR 2.4].
The state, by ostensibly disallowing carry in National Parks, has nullified the Coburn exemption and thus allows the DOI to enforce its existing CFR regulation.
The Coburn Amendment [16 USC 1a-7b] did not repeal the DOIs prosciption for firearm carry in NPs and NWRS, it simply prohibited its enforcement:
Quote:
(b) Protecting the Right of Individuals To Bear arms in Units of the
National Park System and the National Wildlife Refuge System.--
The
Secretary of the Interior shall not promulgate or enforce any regulation
that prohibits an individual from possessing a firearm including an
assembled or functional firearm in any unit of the National Park System
or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the unit of the National Park System
or the National Wildlife Refuge System is located.