Concealed guns allowed in the Smokies park

[Tim Nunan]

WASHINGTON — People will be allowed to carry concealed weapons in the Great Smoky Mountains National Park and in some other national parks across the country.
The Bush administration said today it is overturning a 25-year-old federal rule that prohibited loaded guns in national parks.
Under the new rule, concealed weapons will be permitted in national parks and wildlife refuges if the individual has a permit to carry concealed weapons in the state in which the park is located.
Gun-rights advocates had pushed to overturn the federal ban, arguing that it’s confusing and often results in law-abiding citizens getting charged with a crime for simply transporting or carrying a loaded weapon.
More details as they develop online and in Saturday’s News Sentinel.

http://www.knoxnews.com/news/2008/de...arms/#comments


WASHINGTON - People will now be able to carry concealed firearms in some national parks and wildlife refuges.

An Interior Department rule issued Friday allows an individual to carry a loaded weapon in a park or wildlife refuge — but only if the person has a permit for a concealed weapon, and if the state where the park or refuge is located also allows loaded firearms in parks.

The rule overturns a Reagan-era regulation that has restricted loaded guns in parks and wildlife refuges. The previous regulations required that firearms be unloaded and placed somewhere that is not easily accessible, such as in a car trunk.

Assistant Interior Secretary Lyle Laverty said the new rule respects a long tradition of states and the federal government working together on natural resource issues.

The regulation allows individuals to carry concealed firearms in federal parks and wildlife refuges to the same extent they can lawfully do so under state law, Laverty said, adding that the approach is in line with rules adopted by the federal Bureau of Land Management and the U.S. Forest Service. Those agencies let visitors carry weapons consistent with applicable federal and state laws.

The National Rifle Association hailed the rule change, which will take effect next month before President-elect Barack Obama takes office.

"We are pleased that the Interior Department recognizes the right of law-abiding citizens to protect themselves and their families while enjoying America's national parks and wildlife refuges," said Chris W. Cox, the NRA's chief lobbyist.

The rule will restore the rights of law-abiding gun owners on federal lands and make federal law consistent with the state where the lands are located, Cox said. The NRA led efforts to change gun regulations they called inconsistent and unclear.

A group representing park rangers, retirees and conservation organizations said the rule change will lead to confusion for visitors, rangers and other law enforcement agencies.

"Once again, political leaders in the Bush administration have ignored the preferences of the American public by succumbing to political pressure, in this case generated by the National Rifle Association," said Bill Wade, president of the Coalition of National Park Service Retirees.

"This regulation will put visitors, employees and precious resources of the National Park System at risk. We will do everything possible to overturn it and return to a commonsense approach to guns in national parks that has been working for decades," Wade said.

The park rule will be published in the Federal Register next week and take effect 30 days later, well before Obama takes office Jan. 20. Overturning the rule could take months or even years, since it would require the new administration to restart the lengthy rule-making process.
http://www.msnbc.msn.com/id/28072607/

[jhnpeterman]

Does anyone think we'll be allowed to carry in the Smokies, since carry in state and municipal parks is illegal in Tennessee?

[SomeGuy]

Awesome news.

Personally, I have not found any law stating it is illegal, and when I once spoke to a Game Officer, he said as long as you had a HCP, he let people carry pistols. If no sign, no disarming. The TN AG Op is only an Op after all.

And good find, I was surprised by this.

[xlr8]

[johnharris]

Here is the body of an alert I sent out today:

National Park Service Announces Major Change in its Regulations

On December 5, 2008, the National Park Service announced a major change in the approach that it has historically taken (well, at least recent history) to the possession of firearms in national parks by civilians. The Department of Interior announced that it had "finalized updated regulations governing the possession of firearms in national parks and wildlife refuges. The final rule, which updates existing regulations, would allow an individual to carry a concealed weapon in national parks and wildlife refuges if, and only if, the individual is authorized to carry a concealed weapon under state law in the state in which the national park or refuge is located."

http://www.doi.gov/news/08_News_Releases/120508.html

The new rule reads as follows:

"Notwithstanding any other provision in this Chapter, a person may possess, carry and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable federal law."

The actual final rule can be found at this address: http://www.doi.gov/issues/Final%20Rule.pdf

Now, the issue turns on what does the phrase "in accordance with the laws of the state" mean?

In Tennessee, there are at least 3 general laws, and several more specific ones, which can be interpreted as prohibiting the carry or possession of firearms in places such as national parks. First, we turn to the "parks" statute which is 39-17-1311. Although that statute on its face applies only to weapons listed in 39-17-1302(a), which does not include handguns, rifle or shotguns, there is a poorly reasons Tennessee Attorney general opinion which ignores the language of 1311 limiting its application to 1302(a) weapons and instead concluding that the Tennessee "parks" statute applies to all modern firearms in all parks and similar public areas within the state - according to the Attorney General. http://www.tn.gov/attorneygeneral/op/2007/OP/OP148.pdf

A second problem with the current situation involves a provision of the state's wildlife resources act which was generally believed to be enacted to allow TWRA to prosecute individuals for wildlife violations based on firearms possession rather than actual poaching charges. Tennessee Code Section 70-4-117 generally makes it a crime for anyone to be in possession of any firearm while in any public area or wildlife management area that is "frequented or inhabited by big game..." unless they are doing so in accordance with the state’s hunting and fishing regulations. This statute provides.

(a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in or on, while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections (b) and (c).

A third statute is the state posting statute under 39-17-1359. Under it, we could see one or more state agencies (TWRA or the Department of Environment) may have cooperative management agrees with federal agencies. If a cooperative management relationships exist, then some state agencies may have the ability to "post" these federal parks notwithstanding the federal rule changes.

So, are the national parks open for Tennessee's handgun permit holders? Well, the answer is not clear at this time.

[BlakeWylie]

[johnharris]

What I keep looking for is an "official" statement from the State of Tennessee as to whether it will rely on the state law prohibitions (Titles 39 and 70) even if possession is on lands that the federal government no longer bans. This is the problem with National forests and it can well be the problem with National parks as well. Keep in mind, the federal rule change is just that federal and there is no downward pre-emption.

[AccurateOne]

I have looked at many websites but I cannot find info on whether I will be allowed to carry in the Cherokee National Forest. It is my understanding that the national Forest is not part of the National Park System and therefore it will still be illegal to carry there. I would appreciate any info on this.

AccurateOne

[johnharris]

For quite some time federal policy has allowed carry in National forests. It is not federal law or regulations which restrict carry in the national forests such as Cherokee but it is state law. It is as I have cautioned, do not assume if the federal government says it is ok to carry in a national park that the state of Tennessee will necessarily agree.

[xlr8]