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Regulatory Landscape For Guns to Change in National Parks on February 22

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Marble Hall in Sequoia National Park's Crystal Cave. NPS photo.

Is Marble Hall in Sequoia National Park's Crystal Cave a federal facility where you won't be able to carry a concealed weapon under the new gun regulations? NPS photo.

A controversial rule change concerning firearms in national parks takes effect February 22, a change likely to cause confusion and raise concerns over personal safety, but one also that could go largely unnoticed and give some a measure of personal security.

Foisted upon the National Park Service in a most curious way -- attached as an amendment to legislation that had nothing to do with national parks but everything to do with addressing credit cards -- the legislation has kept Park Service staff meeting for months on how to clear the way for park visitors to carry not just concealed weapons if they hold the requisite permits, but to openly carry rifles and shotguns.

Problems the Park Service hopes to have sorted out by February 22 include defensible definitions for what constitutes a federal facility -- Are the labyrinths that define Mammoth Cave? The warming huts in Yellowstone? Open-air facilities such as the Children's Theater-in-the-Woods at the Wolf Trap National Park for Performing Arts? The communal bathhouses at Curry Village in Yosemite? And they hope to have carefully navigated the various state laws that might use "firearms," "gun," "weapons," or some other nomenclature in their particular statutes.

Each park also is expected to have a handy information card for visitors that explains the rule change and outlines the applicable gun regulations for that park. But what looks good on paper might not look so good out in the field. For instance, how might rangers in parks with visible wildlife, such as Yellowstone, Rocky Mountain, Theodore Roosevelt, react if a visitor grabs his rifle simply to look through its scope to get a closer view of an elk or bison?

While the rule change has been applauded by many 2nd Amendment backers, there are ongoing efforts in New York, California, and Maine to block it in their states. In Maine, a legislative committee is expected late this week to consider a bill (see attached) that would circumvent the rule change for units of the National Park System in the Pine Tree State -- Acadia National Park, St. Croix Island International Historic Site, and the Appalachian Trail -- by making the previous firearms rule, which allowed weapons to be transported through parks as long as they were unloaded, broken down, and out of reach, the law.

"There is concern in a number of state legislatures by the fact that the new law, which will go into effect February 22, is NOT limited to concealed firearms being carried by permitted individuals with training. The new law allows for any kind of firearm to be carried in a national park unit unless the state forbids it," the National Parks Conservation Association said. "Some state legislators are troubled that that their state laws may not sufficiently keep firearms, such as holstered pistols, rifles, and semi-automatic weapons, from being openly carried in national park units in their states. They also worry that there could be adverse impacts on tourism.

"NPCA supports any effort at the state level to retain the firearm rules developed during the Reagan administration that simply require firearms to be unloaded and put away while visiting a national park unit. This is a reasonable requirement that has proven successful at maintaining America's parks as safe family friendly destinations. It has also served as an invaluable tool in combating poaching and harm to historical resources."

In Maine, Friends of Acadia, a non-profit that fosters and supports stewardship of Acadia, worked to see "LD 1737" introduced to the Legislature.

“The previous rules were working perfectly fine here in Acadia, and I think that for, especially for the rangers, the new firearms laws present a challenge," said Stephanie Clement, conservation director for the friends group. The old rule, she went on, made it easier for rangers to spot possible poachers; anyone carrying a firearm could be stopped. Under the rule change, it would no longer be that simple, she said.

“Really, it was a very effective anti-poaching tool. It was an opportunity for a point of contact, so that point of contact will be gone," said Ms. Clement.

Additionally, there are many park visitors who worry the rule change could actually endanger their personal safety, not enhance it, she said. While those who endorse the rule change say it will give them a greater sense of safety from wild animals and human predators, Ms. Clement said there are many others who dread the thought of pitching a tent next to another where there might be firearms, or hiking up trails with others carrying guns.

“It’s going to be a scary thing for a lot of visitors who don’t live in the Alaska wilderness or in places where people are used to seeing folks with open firearms," she said.

For the National Park Service, sorting through the regulatory changeover has been somewhat daunting. Under the change, firearm regulations in a specific park would resemble those of the state in which the park is located, except, however, when it comes to federal facilities. They would still be off-limits to visitors with guns. But what is a federal facility? Certainly, park headquarters and visitor centers would be considered federal facilities. But what about restrooms, warming huts, amphitheaters, or concession facilities?

“The federal facility law, the way I understand it, defines a federal facility as a building where federal employees work on a regular basis," explained David Barna, the Park Service's chief of communications. "Now, trying to find out what ‘regular’ means can also be difficult. We’re assuming that means if they work there weekly, that that’s probably a federal facility. But that would not include our concessions facilities.”

Campgrounds, shower facilities, and restrooms likely would not be federal facilities, since they're not regularly assigned duty stations, he added, "even though we may go in and clean them."

And yet, what about the campfire ring where there are regular ranger talks? Probably not a federal "facility," as there's no roof overhead, said Mr. Barna.

"So at a campfire talk, you would be able to carry your firearm," he said, only to pause before adding, "and again, all these things have so many caveats. In Virginia the state law says if it’s a gathering of children, it’s prohibited. So if you were at an amphitheater conducting a children’s program in the summer, in the state of Virginia, they will say that during that program you can’t have a firearm."

That's where the subtle nuances can change from state to state, and why the Park Service hopes to have those handy information cards ready for your visit beginning on February 22.

“We’ve asked all the parks, and we are going to have an all-superintendents phone call, and we’ve asked people to submit those instances where they do need to make a decision, and we’re going to make those decisions and just see how it plays out," Mr. Barna said.

As for Mammoth Cave and other parks with ranger-led cave tours?

“A cave is not a building, it’s not man-made," said the spokesman. "It is a place, however, where federal employees work on a regular basis, and we give tours, and almost all the instances, when you enter these big touring caves you’re entering through a federal facility to get into them anyway, there’s some gatehouse or entrance. Now, a cave out here in the woods, like out here behind my house, probably would not apply. In other words firearms would probably be OK. But in those places like Mammoth and Carlsbad where you actually enter through a federal facility to get into it, you probably could ban the firearms in those places.”

But when it comes to these caves, what constitutes a "federal facility"? At Crystal Cave in Sequoia National Park a ticket is purchased at the Foothills or Lodgepole visitor centers. At the cave, you hand your ticket to a ranger and pass through a gate into the cave. So where's the "facility"? A similar setup can be encountered at Mammoth Cave.

“We’re wrestling with those decisions. At some point somebody’s going to have to make a decision and let it be tested, I think," said Mr. Barna.

And then there are the concession facilities. In some parks these lodges and hotels are owned by concessionaires, in others they are park facilities leased to concessionaires.

"Concessionaires also have to operate under their state law. We’re not directing the concessions people for what they should or shouldn’t do," said Mr. Barna. "That’s kind of broken into two pieces. There is, the concessionaire dealing with the public, and there is the concessionaire dealing with their own employees. Someone in a staff meeting said they had heard -- I can’t verify this -- that Xanterra (Parks & Resorts) has as a condition of employment that their employees don’t carry firearms. They don’t want those firearms in the dorms where all of these young kids are, so they as an employer can probably do that for their employees.

"What their restrictions are on doing things for the public are something that those concessionaires are going to have to find out. How do restaurants out in the community operate?" he continued. "What can the owner/operator of a facility in that state do, and that should dictate what these concession operators can do. So it may very well be that you won’t have consistency across the country at restaurants in parks because the state laws aren’t consistent with restaurants.”

Requests made to Xanterra Parks & Resorts, Delaware North Parks, ARAMARK, and Forever Resorts for how they were dealing with the impending rule change were not immediately answered.

While Mr. Barna said there are expectations that some gun owners will show up in national parks on or after February 22 simply to showcase their 2nd Amendment rights, in the long run he hopes the rule change will quickly meld into the background.

“Even in the staff meetings you get that entire breadth of opinion ... people who are really concerned this will be a big issue, but I’m kind of the moderator who comes back and says, ‘You know, in Virginia you can carry these things now. I’ve lived in Virginia for 35 years and it’s not like you walk around the see people carrying openly," he said. "So it shouldn't be any different in the parks than it is in the states you’re in.

"...Certainly there will be those people whose view is, maybe they don’t feel safe because they know someone has weapons there. But remember, there are also those people who now feel safer because they do have their weapons," said Mr. Barna. "And so you’re going to have that whole gamut of opinion. We have had instances and emails from people on both sides of this issue, and certainly we’ve had people who say, back when the rule was proposed, 'The judge killed this, I’m never coming back to a national park until I can bring my weapons and protect my family and myself.'

"We’ve got to stay middle-of-the-road. We’re implementing a law like we implement all laws."

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VGOF, I do have to have to say I'm happy that you know of law-abiding gun owners, because I sure don't. I'm ashamed to say that my family (don't get me wrong, I love them all) is full of rednecks in the worst sense of the word. My brother-in-law has always carried a loaded gun in national parks, regardless of the law, just in case one of those wild animals decided to attack his children. Of course my sister was feeding the bears marshmallows which would probably lead to an attack, but that's besides the point. None of the gun owners that I know personally are law-abiding and I do have to say that's what I'm basing my fear on.

Ranger Holly


Sorry to hear that Ranger Holly. But, just because you dont know any doesnt mean they arent out there. How anyone can label all of us bad based on isolated experiences is beyond me. Here's one for you. I was walking down the street and got chased by a yellow dog wearing a black collar, ergo all yellow dogs wearing black collars are bad.


There are so many misconceptions here!
The new rule is simply bringing the Federal government in line with the law.

For the anti-gun folks, try substituting one of your other rights for "carry a gun" and see how it feels. Would you put up with not being allowed to talk in a federal park, or not being allowed to read or carry a newspaper, or not being allowed to walk through the park with your family?

"what I don't understand is why some people... claim to be honestly afraid to walk in the woods without a weapon"
Same reason the rangers carry guns: 2-legged predators & the occasional 4-legged attack.

"why the hell do they need to hang out with their guns in the campground?"
See above, about 2-legged predators.

"there are people all around in tents that offer little resistance to stray bullets that could ricochet off the ground or rocks"
Apparently written by someone who isn't familiar with firearms safety rules, one of which is to know what's behind your target. If there's a person (or occupied tent) behind the bear attacking the child, then you move to a better position before shooting.

"I would think of it as a severe overreaction"
I don't believe this for a second. Stopping an attack on a child is an over-reaction????

"a way for the NRA and their supporters to force their agenda on the rest of us"
Odd how the phrase "forcing their agenda on us" is almost never applied to the anti-self-defense people, who are doing the same thing.

"many of these people that feel so insecure that they have to bring a gun with them into all kinds of peaceful, civil settings like to use them to create an aura of intimidation..."
Very few gun owners, especially those with permits to carry concealed, do so with intent to intimidate.
Try this, if you can, the next time you're "intimidated" by someone peacefully & legally openly carrying a gun:
mentally remove the gun from the scene. Is the person still behaving in an intimidating way? Then they're a jerk. Otherwise, it's your reaction to an inanimate object that's scaring you.
Cars kill many people every day. Baseball bats, knives, water... all kill people. Are you scared of them, too?

"I don't like being around people that are getting off on the fact that they have a device they can use to kill me... Also, this will certainly lead to the deaths of more megafauna, because (gun owners) will no longer have a need to treat wild animals with proper respect."
Sounds like projection - that's what you think you'd feel or do if you were carrying a gun. It's not reality.

"decided to use it to scare off a few dogs"
If the dogs were threatening his life, he'd be justified defending himself.
Otherwise, the gun wouldn't be used.
You're projecting again.


Dear Bat,

Um....exaxtly what do YOU prefer to use to stop a charging moose or bear???


Anyone who carries a gun anywhere is simply expressing a right guaranteed by the highest law of the land, the U.S. bill of rights. Only a poor gov't would attempt to violate the rights of the American people.

Gov't has grown too big for its breeches already. My carry permit is the second amendment.

Any gov't employee should support and uphold the constitution of the U.S. and if they fail to do so, should be terminated immediately.

Therefore, the lesser law prohibiting or allowing those entering parks or any other U.S. facility is a moot issue.

Have a nice day.


In response to - " try substituting one of your other rights for "carry a gun" and see how it feels. Would you put up with not being allowed to talk in a federal park, or not being allowed to read or carry a newspaper, or not being allowed to walk through the park with your family?"

I understand what you are attempting to say but comparing a person with a gun to a person with a newspaper is silly. Someone reading a newspaper doesn't pose the same threat to me or my family as someone toting a gun around.

And I am just curious... everyone says it is our constitutional right to carry a gun. Why aren't these same people fighting for rights to carry firearms in airports and on planes? And why shouldn't our kids take guns to school? Rights are rights, afterall...


Bernard Schwartz:

Um....exaxtly what do YOU prefer to use to stop a charging moose or bear???

2% OC pepper spray in an extra large size works well; I'm not describing 2.5 oz personal pepper spray. These are allowed in NPS units where the superintendent has approved an exception to NPS weapons restrictions. Studies have suggested that they're considerably more effective (and easier to use) than even large bore firearms on a charging bear.

A handgun isn't likely to stop a bear. And good luck trying to hit one. They're fast and hard to hit when coming at you. Even a couple of shots hitting a grizzly bear in the body aren't likely to make it stop. A mama grizzly defending its young isn't going to be deterred by a little bit of pain. We're talking animals that don't back down from considerably more powerful polar bears.

In any case, where they are black bears, they almost always bluff charge. Where there are grizzly bears, bear pepper spray is almost always approved. I mean, how would you feel if some panicked person with a handgun is trying to shoot a bear in an occupied campground? The reality is that the fear of animals tends to be irrational and I'm far more worried about someone with a firearm overreacting. In any case, you can buy bear pepper spray in almost every NPS unit that had grizzly/brown bears.

http://www.nps.gov/yell/planyourvisit/bearspraytranscript.htm
http://www.nps.gov/yell/planyourvisit/backcountrytripplanner.htm#bearpep...

I've heard of gun owners who stated that they would prefer pepper spray because it's easier and less dangerous than a firearm.


"there are many others who dread the thought of pitching a tent next to another where there might be firearms, or hiking up trails with others carrying guns"

Do people NOT realize that some people (those carrying illegally) are carrying in the parks now. They are on the trails and in the tents nearby, yet you don't realize this.

Do you really think this isn't happening?

Criminals carry guns wherever they want. This new law will level the playing field and allow law-abiding citizens to carry.

It's the criminals who are carrying now that you should worry about.


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