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."
Comments
If you are going to start throwing around the 2nd amendment lets do the whole thing not just the selected part that fits your needs
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Where does all this come from...English common law as there was not police to protect the people. And scholars have debated and will continue to debate what the true meaning of the full amendment is. Am I afraid of a law abiding citizen with a concealed carry permit...not especially...Am I afraid of the weekend warrior who wants to carry his gun because he is afraid of every two or four legged creature out there...YOU BETCHA! My brains are going to avoid more conflicts than your gun. With that said yes I am a gun owner, yes I have a carry permit...will I carry in a National Park, probably not and if I do you will never know. Its about responsibility and common sense and unfortunately that can't even be given away these days or so it seems to me.
To Bernard Schwartz:
First of all, I would behave properly while hiking in bear country - make enough noise so that the bears know I'm there. For a black bear, 9 times out of 10 all I would have to do is back down because the black bear charge is usually a bluff charge. In grizzly country I would carry a BIG can of pepper spray, which is recommended. As for moose, I'm not one of those morons who need to get close for a perfect photo. I can see them just fine at a distance. And do remember to drive more slowly during rut season - some moose weigh more than your pickup - and your pickup would lose.
In short, a firearm is a poor substitute for good sense. Using one's brain in a dicey situation is a far better option. Hauling out the pistol only gives the illusion of feeling powerful and safe. Big animals are perfectly predictable if you know a little about their behavior. And knowing a little about human behavior, I guess I will do the sensible thing and wear my orange cap the next time I go to a national park.
Coyote, I'm sorry that you mourn the loss of the National Parks as places you don't have to worry about guns. Just don't worry about them, problem solved. Your need to worry is really your personal phobia, unless you spend every single minute of your life outside the National Parks worrying about guns.
Secondly, for those of you still stuck on the militia part of the 2nd amendment, the Supreme Court of the United States already handled that one. And if you still feel that your interpretation is correct, maybe we should also go back to Brown vs. Board of Education for other folks?
I am amazed by all the comments from people saying they don't want to be around guns in NPS. Wake up people, if you live in a state where concealed carry is allowed, you are around people carrying concealed handguns everywhere there legal to be carried by the permitted persons as well by the thugs who are not permitted to carry handguns. Walmart, Wendy's, Shoney's and many other places. So don't try to make a big deal out of the NPS rule. Just live with it like you do every day of your life. I'll bet you spend more time in Walmart than you do in the NPS. Next time your in Walmart look around and ask yourself, how many people in here are carrying. I'll bet no one has ever botherd you and you probably can't tell who is carrying anyway. Look real hard, most people do a real good job of concealling so the public can't detect it. No one has ever detected mine. That goes for law enforcement as well. I would rather have it and not need it, than need it and not have it. Never leave home without it.
Retired military and NRA Life Member.
Well the day all gun fearing people have arrived. I expect the largest people taking advantage of this are drivers on the GW Pkwy in VA since they had problems with traveling while using their CCW permits. Some will have traveled in NPS but most would have been courteous and kept their guns concealed.
The time has come for people to get used to the idea that all citizens have a a right to bear arms and that can mean concealed or open. People can be dangerous, it is not the tool that is the problem. If a traveler had no intention of doing harm then having a gun does not change that. Many traveled in NPS with guns anyway and did no harm.
I agree and disagree with this policy. I think people who hold concealed carry licenses should be able to carry only concealed in National Parks for personal protection. Most states require training, back ground checks and other procedures to get a license. In fact I think all home state licenses should be accepted nationwide like a drivers license from your home state. I do not think carrying handguns openly in National Parks serves any purpose except to freighten visitiors who are afraid of guns. You know the old saying "out of sight out of mind"... Long arms should be prohibited in developed areas of parks, but permitted in wilderness areas strictly for survival and defense against large predators. I have a license to carry concealed and my home state allows open carry also, but I don't think open carry serves any purpose except to show off "I have a gun, look at me". Personally I don't think it's anyones business that I carry a gun legally.
"I suspect the new law will make little difference, except for an occasional unfortunate incident or two. But what I don't understand is why some people - he-man hunter types I guess - claim to be honestly afraid to walk in the woods without a weapon, while thousands of septugenians and young couples with small children do it all the time with nary a thought about it."
Being blindly ignorant of danger and deliberately ignoring danger are not the same thing as being safe. The truth is that people are assaulted, robbed, and robbed in National parks miles from the nearest ranger. It may not happen on a frequent basis but it does happen. And if you're the one to whom it happens, then that's once too often.
Mr. Repanshek claims that the removal of the 73-year infringement on a Constitutional right was "foisted upon the National Park Service in a most curious way." He has an interesting view of proper procedures. The regulation was enacted arbitrarily by the FDR administration's unelected and unanswerable National Park service bureaucracy. It was repealed by an openly voted act of Congress. Yet Mr. Rapenshek feels the open vote by the body Constitutionally empowered to make laws is the one that's "a most curious way." One must assume that he feels the proper way to govern is by bureaucratic edicts decided in secret. While such things happen all too often I don't believe that's the way our country's Founding Fathers envisioned our government working.
Sorry, Chris, I do feel that the amendment was approached in a "most curious way." Had I been around during the FDR administration, I likely would have claimed the same if an amendment totally and entirely nongermane to the bill it was attached to was pushed through via this sort of congressional sleight-of-hand.
What possible connection with credit cards does the gun amendment have? If the NRA is so adamant about constitutional rights, you'd think it'd feel just as strongly about congressional process and would have demanded that the Senate consider this issue in the open and on its own merits.
And so you fully understand my position, I feel the same about the earmark process. If a project truly is worthy, then let it come before the full Senate or House in an open manner, not through some backroom or backdoor approach.