Adam Sherwin

April 4, 2009

A recent ruling by a federal judge highlights an ongoing conflict over concealed firearms in U.S. national parks and refugees.

Last December, the Bush Administration overturned a twenty-five year old federal rule that limited the right to carry a loaded gun in national parks. The previous regulation, issued during the Reagan Administration, required firearms in national parks to be unloaded and properly stored. The new regulation, which took effect in January, allows individuals to carry a concealed gun into a national park or wildlife refugee if the person has a permit for the weapon and the state where the park or refugee is located allows concealed firearms.

Supporters of the new rule argued that the change was appropriate because in many of the states where these parks are located, citizens are allowed to carry concealed guns. A spokesperson for the Department of the Interior explained, "If you can carry (a gun) on Main Street, you are allowed to carry in a national park." Supporters of the new rule included the National Rifle Association, who argued that the new policy protects the right to bear arms under the Second Amendment

Last week, Judge Kollar-Kotelly of the U.S. District Court in Washington issued a preliminary injunction preventing the implementation or enforcement of the rule. Judge Kollar-Kotelly held that the process used to adopt the rule was "astoundingly flawed" because the Department of the Interior failed to conduct an environment assessment. The Obama Administration had filed a brief in this case supporting the Bush Administration regulation, arguing that the new policy would have no significant impacts on public health and safety.

Ken Salazar, Secretary of the Department of the Interior, has begun a 90-day review of the proposed regulation. However, he is undecided whether to continue to defend the rule. Opponents of the proposed policy are calling for Salazar to withdraw the regulation, by arguing that the new policy is a safety risk because concealed weapons drive up crime and are responsible for many violent offenses.

The debate over concealed guns in national parks is an illustration of the Executive Branch's decision-making authority over policies on federal lands. Only time will tell which direction the Obama Administration will take on this important issue.

Sources:

73 Fed. Reg. 74,966, 74,972 (Dec. 10, 2008).

Editorial, 'Astoundingly Flawed', N.Y. Times, Apr. 2, 2009, available at

http://www.nytimes.com/2009/04/03/opinion/03fri2.html?ref=opinion.

Juliet Eilperin, Justice Dept. Defends Bush Rule on Guns, Was. Post, Feb. 17, 2009, at A03, available at http://www.washingtonpost.com/wp-dyn/content/article/2009/02/16/ AR2009021601151.html.