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New national parks rule challenged..

Discussion in 'Legal' started by Dihappy, Jan 9, 2009.

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  1. Dihappy

    Dihappy Member

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    WASHINGTON, D.C. — The National Parks Conservation Association and the Coalition of National Park Service Retirees filed suit this week in U.S. District Court to stop enforcement of a new regulation allowing loaded, concealed firearms in national parks, including the Cuyahoga Valley National Park.

    The rule is scheduled to take effect Friday.

    The Bush administration in December finalized a National Rifle Association-driven rule change to allow loaded, concealed firearms in all national parks except those located in two states: Wisconsin and Illinois.

    The former rule, put in place by the Reagan Administration, required that firearms transported through national parks be safely stowed and unloaded.

    In addition, the Brady Campaign also filed a complaint in federal court asking the court to strike down the the rule.

    The suit was filed on behalf of the Brady Campaign and its members, including school teachers in the New York and Washington, D.C. areas who are canceling or curtailing school trips to Ellis Island and the Statue of Liberty and the National Mall in Washington, D.C due to the Bush Administration's rule change.

    Critics of the rule say it increases the risk to visitors, park staff and wildlife.

    According to the lawsuit, the Department of the Interior "adopted the gun rule with unwarranted haste, without following procedures required by law and without the consideration of its consequences that they are required to observe under law. ... The new regulation is an affront to the National Parks' missions and purposes and a threat to the National Parks' resources and values, which must be held unlawful and set aside."

    "In a rush to judgment, as a result of political pressure, the outgoing administration failed to comply with the law, and did not offer adequate reasons for doing so," said National Parks Conservation Association President Tom Kiernan.

    The groups argue that the rule is unlawful because the Department of the Interior did not conduct an analysis of the rule's environmental effects, as required by the National Environmental Policy Act, including the effects of the rule on threatened and endangered species.

    The current leadership of the National Park Service and other park management professionals -- including the Association of National Park Rangers and the Ranger Lodge of the Fraternal Order of Police -- also opposed the rule.

    Of the 140,000 people who voiced their opinion on this issue during the public comment period, 73 percent opposed allowing loaded, concealed firearms in the national parks.
     
  2. kingpin008

    kingpin008 Member

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    Yup. Already discussed plenty in the past few months.
     
  3. Fisherman_48768

    Fisherman_48768 Member

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    This I seriously doubt is true, probably closer to 73% said that all concealed weapons should be loaded in National Parks. Had the polls been running 73% against then it never would have been changed.
     
  4. ServiceSoon

    ServiceSoon Member

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    Somebody can contact Chris in the press release below and ask him to confirm that informaiton.

    LINK
     
  5. benminer

    benminer Member

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    My understanding, and I could be wrong, is that the Endangered Species Act only requires consultation and review on rule changes that impact the environment. It was determined that this rule change would have no impact, so a review was not required.

    On a side note, how exactly would one go about "enforcing" a rule which does NOT ban something?
     
  6. zoom6zoom

    zoom6zoom Member

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    Idiots... almost no one has concealed carry permits that are valid in those areas. Only the thugs have guns there!
     
  7. Dihappy

    Dihappy Member

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    You said it Zoom,

    The idiocy is incredible!
     
  8. Oro

    Oro Member

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    Besides the idiocy of those teachers in curtailing trips in locales were legal concealed carry is basically banned, you have to be slack-jawed at their hypocrisy of sacrificing their students education for their own political expediency. The idea that a duty is owed to educate clearly comes a distant second to the willingness to grandstand on their student's backs, regardless of the law of the land. That is horrible. And drawing a public pay check to do it.

    If my child were in any of those classes, I'd not hesitate to sue the teachers, and take the fight to the media and public. We see lots of disrespectful and intellectually corrupt behavior form the anti-gun crowd, but this is really over the top in my book.
     
    Last edited: Jan 11, 2009
  9. heyjoe

    heyjoe Member

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    Id be willing to bet that the amount of field trips that have been cancelled has been negligible if at all. Typical overblown rhetoric to try to influence policy. I live in NY by the way, have two school age children and have heard nothing about it except at sites like this. Its not even on the average teachers radar.
     
  10. ohgrady

    ohgrady Member

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    From a legal standpoint, how does the Brady Campaign have standing to sue?
     
  11. ohgrady

    ohgrady Member

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    I would like to see a news report of a teacher stating they have canceled a trip to a National Park-I bet there isn't one.
     
  12. Oro

    Oro Member

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    If you go to the Brady sight, you can find their press releases announcing the cancellations, and in the complaint the educators are named.

    http://www.bradycampaign.org/media/release.php?release=1097

    Points 46 to 50 of the complaint name the educators. You can connect the dots.
     
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