SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) CONGRESSIONAL FINDINGS.—Congress finds the following:
(1) The Second Amendment to the Constitution provides
that ‘‘the right of the people to keep and bear Arms, shall
not be infringed’’.
(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations,
provides that ‘‘except as otherwise provided in this section
and parts 7 (special regulations) and 13 (Alaska regulations),
the following are prohibited: (i) Possessing a weapon, trap
or net (ii) Carrying a weapon, trap or net (iii) Using a weapon,
trap or net’’.
H. R. 627—32
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of the
United States may not ‘‘possess, use, or transport firearms
on national wildlife refuges’’ of the United States Fish and
Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws
from exercising the second amendment rights of the individuals
while at units of—
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the transportation
and possession of firearms at different units of the
National Park System and the National Wildlife Refuge System
entrapped law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) Although the Bush administration issued new regulations
relating to the Second Amendment rights of law-abiding
citizens in units of the National Park System and National
Wildlife Refuge System that went into effect on January 9,
2009—
(A) on March 19, 2009, the United States District
Court for the District of Columbia granted a preliminary
injunction with respect to the implementation and enforcement
of the new regulations; and
(B) the new regulations—
(i) are under review by the administration; and
(ii) may be altered.
(7) Congress needs to weigh in on the new regulations
to ensure that unelected bureaucrats and judges cannot again
override the Second Amendment rights of law-abiding citizens
on 83,600,000 acres of National Park System land and
90,790,000 acres of land under the jurisdiction of the United
States Fish and Wildlife Service.
(8) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should
not be infringed.
(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.
