They don't need to "promulgate or enforce any regulation" to prohibit carry in Federal "facilities" (i.e. NPS buildings) because there is already a LAW against it. 18 USC 930(a). See my cite above. It appears that "Units of the National Park System" mean the parks themselves, not the buildings. The law didn't specifically repeal or override 18 USC 930, so it stands.Ameer wrote:I'm skipping the "official duties" joke to ask where they get authority to prohibit handguns in NPS buildings.
http://www.nps.gov/policy/section512.pdfProtecting 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.
Search found 2 matches
- Sun Jan 09, 2011 6:40 pm
- Forum: General Texas CHL Discussion
- Topic: L.B.J. Ranch
- Replies: 11
- Views: 2582
Re: L.B.J. Ranch
- Sun Jan 09, 2011 6:01 pm
- Forum: General Texas CHL Discussion
- Topic: L.B.J. Ranch
- Replies: 11
- Views: 2582
Re: L.B.J. Ranch
Interestingly, under Federal law 18 USC 930 they have to post or you have to receive "actual" notice that carry in the facility/building (restroom?) is prohibited, in order to be convicted. So if the restroom isn't posted and there isn't a US Park Service person outside telling you not to carry, I would not get too worked up about it. I wonder if a "porta-pot" is a building, where "Federal employees are regularly present for the purpose of performing their official (jobs)"? You will have to look at the law below to see why I censored the actual legal languagePyrat wrote:The thing to remember in a Federal park is building includes restrooms. So in theory if you are hiking and come across a trail side facility...Next time I see one of my NPS buddies I'm going to have to ask them what their take on this would be.
.Gives a whole new meaning to the words "Federal Facilities"....
. Oh, I am cracking myself up!!Sec. 930. Possession of firearms and dangerous weapons in Federal facilities
(a) Except as provided in subsection (d), whoever knowingly
possesses or causes to be present a firearm or other dangerous weapon in
a Federal facility (other than a Federal court facility), or attempts to
do so, shall be fined under this title or imprisoned not more than 1
year, or both.
...
(g) As used in this section:
(1) The term ``Federal facility'' means a building or part
thereof owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing their
official duties.
...
(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal facility,
and notice of subsection (e) shall be posted conspicuously at each
public entrance to each Federal court facility, and no person shall be
convicted of an offense under subsection (a) or (e) with respect to a
Federal facility if such notice is not so posted at such facility,
unless such person had actual notice of subsection (a) or (e), as the
case may be.