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Thread: Court Suspends Carry in National Parks (thanks to the Bradys)

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    Default Court Suspends Carry in National Parks (thanks to the Bradys)

    Thursday, March 19, 2009


    Today, a federal district court in Washington, D.C. granted anti-gun plaintiffs a temporary restraining order against implementation of the new rule allowing concealed carry in national parks and national wildlife refuges.
    Until further notice, individuals cannot legally carry loaded, concealed firearms for personal protection in national parks and wildlife refuges.
    The court did grant NRA's motion to intervene in the cases. Under federal law, NRA is entitled to an immediate appeal, and NRA will exercise that right. "Just as we did not give up the fight to change the old, outdated rule, we will not give up our fight in the courts to defend the rule change," said NRA chief lobbyist Chris W. Cox. "We will pursue every legal avenue to defend the American people's right to self-defense."
    http://www.nraila.org/media/PDFs/nationalparks_MemoOpiniononintervention.PDF
    http://www.nraila.org/News/Read/News....aspx?ID=12252

    I've had about all I can take of these turds.

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    A federal judge today blocked a last-minute rule enacted by President Bush allowing visitors to national parks to carry concealed weapons.
    U.S. District Judge Colleen Kollar-Kotelly issued a preliminary injunction in a lawsuit brought by gun-control advocates and environmental groups. The Justice Department had sought to block the injunction against the controversial rule.
    The three groups that brought the suit -- the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association and the Coalition of National Park Service Retires -- argued the Bush Administration violated several laws in issuing the rule.
    In her ruling, Kollar-Kotelly agreed that the government's process had been "astoundingly flawed."
    The regulation took effect Jan. 9 and allowed visitors to carry loaded concealed guns into national parks and wildlife refuges. In the past, they had been allowed in such areas only if they were unloaded, stored or dismantled.
    http://www.washingtonpost.com/wp-dyn...902801_pf.html

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    From the Virginia Citizens Defense League (one of several organization sinstrumental in getting national park carry through in the first place):

    -----Original Message-----
    From: Philip Van Cleave
    Sent: Thursday, March 19, 2009 7:23 PM
    Subject: VA-ALERT: Judge temporarily blocks National Park carry

    ----------------------------------------------------------------------
    VCDL's meeting schedule: http://www.vcdl.org/meetings.html
    ----------------------------------------------------------------------
    Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
    ----------------------------------------------------------------------
    According to a breaking story on the Washington Post, a judge has
    placed a temporary block on carry in National Parks because the DOI's
    process in doing the new rule was "outstandingly flawed."

    Oh, baloney.

    Anyway, we have not seen the actual ruling.

    I expect this to be appealed and hopefully to get overturned. This
    might also provide the impetus to pass a bill to allow carry and
    bypass the DOI completely.

    However, this just goes to show you that if you get the right judge
    you can get a ruling that says the moon is made of green cheese.

    In the meantime you might want to stop carrying in National Parks
    until we get more information on this issue.

    We'll keep you updated.

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    This is getting reported as though the rule was "overturned" and the "subject of a temporary injunction." Which is it?

    Court blocks Bush administration rule that allowed concealed, loaded guns in national parks

    By MATTHEW DALY | Associated Press Writer
    4:38 PM CDT, March 19, 2009

    WASHINGTON (AP) — A federal judge on Thursday blocked a federal rule allowing people to carry concealed, loaded guns in national parks and wildlife refuges.

    The decision by U.S. District Judge Colleen Kollar-Kotelly overturns a rule issued in the waning days of the Bush administration.

    The rule, which took effect Jan. 11, and allowed visitors to carry a loaded gun into a park or wildlife refuge as long as the person had a permit for a concealed weapon and the state where the park or refuge was located allowed concealed firearms. Previously, guns in parks had been severely restricted.

    The Obama administration had said it was reviewing the Bush rule but had defended it in court.

    A spokeswoman for Interior Secretary Ken Salazar declined to comment Thursday, citing the ongoing court case.

    The Bush administration issued the gun rule in December in response to letters from half the Senate asking officials to lift the restrictions on guns in parks, which were adopted by the Reagan administration in the early 1980s.

    The rule went further than a draft proposal issued a year ago and would have allowed concealed weapons even in parks located in states that prohibit the carrying of guns in state parks. Some states allow concealed weapons but also ban guns from parks.

    Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, one of two groups that sued to block the rule, called the judge's ruling a victory for the people.

    "We're happy that this headlong rush to push more guns into more places has been slowed," he said.
    Bryan Faehner, associate director of the National Parks Conservation Association, which also brought suit, said he was extremely pleased.

    "We're especially glad to hear that the court is agreeing with the park rangers and the public who are concerned that there will be negative impacts from the (now-overturned) regulation and increased likelihood for opportunistic poaching of wildlife and increased risk of violence to the public."

    The National Rifle Association had pushed for the Bush rule change, saying law-abiding citizens had the right to protect themselves and their families while enjoying America's national parks and wildlife refuges. The previous regulations were inconsistent and unclear, the NRA said.

    A group representing park rangers, retirees and conservation organizations protested the Bush rule change, complaining that it could lead to confusion and increased danger for visitors, rangers and other law enforcement agencies.
    http://www.chicagotribune.com/news/p...,3577389.story

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    Making criminals out of honext citizens.

    Note the AG will not pursue some marijuana sellers, making honest citizens out of known federal law breakers.

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    Member Matt's Avatar
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    Just carry regardless. People a thousand miles away ain't going to tell me what I can and cannot do.

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    Quote Originally Posted by allen-ak
    Note the AG will not pursue some marijuana sellers, making honest citizens out of known federal law breakers.
    Allen, that's rather an ironic argument for your position. Do you feel as strongly about the 10th amendment as you do about the 2nd? I do.

    National Parks and Refuges are fed lands, so the feds get final say. Let's hope the court overturns the injunction.

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    I had contacted the National Parks Service a week or two ago asking about carrying a concealed weapon in Glacier NP in Montana. I got an email a few days ago saying it was legal for me to do so since the law changed in early January. Providing I was able to legally carry in Montana of course. Reciprocity laws say I can since I have a concealed carry permit for North Carolina. So, all is well I think. Then I hear about the new ruling. To the NPS credit, I got an email back from them today that speaks of the new injunction. A copy of that email is below and should clear the water a bit on the status of the right to carry weapons in National Parks...


    "Dan, fyi here,

    On Thursday, March 19, 2009, a federal judge blocked the change in regulations that would allow people to carry concealed weapons in national parks and wildlife refuges. The Department of Interior has until April 20,2009 to review the rule and set a course of action in response to the injunction. Therefore, as of now, loaded firearms are not allowed in Glacier NP. Unloaded firearms may be transported in a vehicle if the weapon is cased, broken down or rendered inoperable,and kept out of sight. For more updates on this regulation, please visit the DOI website atwww.doi.gov."




    Guess we will find out our fate on April 20th








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