National Park Service - Firearms Rules

**Red** · February 16th, 2010, 05:57 PM

Originally Posted by Pro2A

It would be ironic if we couldn't carry in the very places that secured the right to bear arms wouldn't it...

Not being able to carry in the Springfield Armory National Historic Site would equally as ironic.

http://www.nps.gov/spar/index.htm

**Sandcut** · February 16th, 2010, 08:48 PM

Originally Posted by tl_3237

There's a big difference between a statute and a regulation. Statutes are made by Congress; regulations are made by agencies empowered by a statute. Both are considered enforceable laws in a court.

The amendment specifically specifies "regulation". 18 USC 930 is NOT a regulation - it is a Federal statute. Thus DOI is not enjoined from enforcing the "Federal facilities" proscription nor any other statutes regarding firearm possession; DOI is de-authorized/enjoined from creating/enforcing its own regulations regarding firearm possession in its NPS and NWRS units.

The preamble it meant to better define Congress' intent of the statute - the Coburn Amendment will indeed be a Federal statute (16 USC §1a-7b). The courts most certainly do rely on the preamble, amongst other sources including legislative records, when a law appears to be ambiguous or in need of interpretation.

Yep! You're right. I was mixing and matching. They are both statutes, so my argument was wrong. Thanks for catching that.

Rep sent for keeping my honest.

**hayray** · February 17th, 2010, 01:54 AM

Originally Posted by CZ40P

I think this new law only covers National Parks , and Wildlife Areas. I don't think it changes a thing at "National Historic Sites", while administered by the National Park Service, such sites are not considered National Parks.

In other words you still can't carry at places like The Liberty Bell, Steamtown National Historic Site, The Statute of Liberty (which is in New York anyway???)

I believe it is any areas administered by the National Park Service, this would include National Historic Sites, National Lakeshores, Monuments and the like as well as Wildlife Refuges, if you notice all of these areas are U.S. Department of Interior.

**tl_3237** · February 17th, 2010, 11:52 AM

Originally Posted by hayray

I believe it is any areas administered by the National Park Service, this would include National Historic Sites, National Lakeshores, Monuments and the like as well as Wildlife Refuges, if you notice all of these areas are U.S. Department of Interior.

Don't confuse DOI with the NPS/NWRS - these are only two components of the DOI. DOI has many other components that they oversee (eg: Indian Affairs, BLM, Reclamation, etc) where the Coburn Amendment has no effect; it only applies to those specific two components.

**Metz** · August 3rd, 2010, 10:51 AM

Here is the quote from the Yosemite's park website:

Discharging or other use of a firearm for any reason is illegal.

http://www.nps.gov/yose/planyourvisit/weapons.htm

Does this mean I can not defend myself by law, since it kind of falls under the "other use" of firearm?

**donm** · August 3rd, 2010, 12:41 PM

Originally Posted by Metz

Does this mean I can not defend myself by law, since it kind of falls under the "other use" of firearm?

Discharging a firearm is illegal in most urban and suburban areas. Shooting (or shooting at) someone is illegal anywhere in the country. Remember that self defense is an "affirmative defense." You have committed a serious crime (e.g., assault, attempted murder, murder) and have to admit to that before you can claim that you were justified in doing so. [That's why you never want to let them claim that it was accidental.]