Re: USACE seeking comment on revision to 36CFR327.13
Posted: Tue Apr 14, 2020 9:53 pm
Commented and forwarded to my brother and cousin who also sent comments.
The focal point for Texas firearms information and discussions
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The proposed change, with the changes highlighted in blue.§ 327.13 - Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under § 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.
[65 FR 6901, Feb. 11, 2000]
Note that in the proposed version, the District Commander may modify or revoke your "permission" to possess or transport a firearm for a "special event" permitted under § 327.21.§ 327.13 Explosives, firearms, other weapons and fireworks.
(a) An individual may possess or transport a weapon on any project provided that:
(1) The individual is not otherwise prohibited by Federal, state, or local law from possessing or transporting such weapon; and
(2) The possession or transportation of such weapon is in compliance with applicable Federal, state, and local law.
(b) As used in this section, “weapon” includes any firearm as defined in 18 U.S.C. 921(a)(3)(A), bow and arrow, crossbow, or other projectile firing device.
(c) The District Commander may modify or revoke the permissions granted by this section when issuing a special event permit under § 327.21.
(d) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.
Why does the DC get a veto over your right to carry because there's a bass tournament going on?327.21 - Special events.
(a) Special events including, but not limited to, water carnivals, boat regattas, fishing tournaments, music festivals, dramatic presentations or other special recreation programs are prohibited unless written permission has been granted by the District Commander. Where appropriate, District Commanders can provide the state a blanket letter of permission to permit fishing tournaments while coordinating the scheduling and details of tournaments with individual projects. An appropriate fee may be charged under the authority of § 327.23.
(b) The public shall not be charged any fee by the sponsor of such event unless the District Commander has approved in writing (and the sponsor has properly posted) the proposed schedule of fees. The District Commander shall have authority to revoke permission, require removal of any equipment, and require restoration of an area to pre-event condition, upon failure of the sponsor to comply with terms and conditions of the permit/permission or the regulations in this part 327.
[65 FR 6902, Feb. 11, 2000]
I agree that this is a big step forward. But I see no way that Corps rangers are in harms more if LTCs in Texas are allowed to carry on Corps property than those rangers are in harms way today. Hopefully, we are past thinking that people with an LTC pose a threat just because they have a gun. I'm willing to bet that the parks around Lake Grapevine, for example, have people visiting them today who carry guns who do not have a license for them. I'm prevented from going to them with even a gun in my vehicle. The same is true, I believe, for the campgrounds run across the country by the Corps. RVers are known to carry firearms and not all of them have licenses for those firearms that are good in all of the States that they visit. Again, I'm prohibited from going to any of those campgrounds because I'm a law abiding citizen and refuse to go camping unarmed.couzin wrote: Sat Apr 18, 2020 6:25 pm Keyword is "may". It is just a way to be able to make an event safe IF felt necessary. Probably never happen. Fireworks are generally not allowed because of the timber/grasslands on fee owned lands, and, the use of fireworks in campgrounds would generally tick off paying customers (have I said before that USACE funds are generated as reimbursible, that is, fees generated come back to the projects (lakes, parks) from the Treasury. USACE receives very little tax dollars for operating projects. This is a big step for USACE to step up and allow firearms - our Rangers are unarmed and are potentially in harms way.
The key problem is “may.” What gives the DC the power or smarts to decide “if felt necessary?”couzin wrote: Sat Apr 18, 2020 6:25 pm Keyword is "may". It is just a way to be able to make an event safe IF felt necessary. Probably never happen. Fireworks are generally not allowed because of the timber/grasslands on fee owned lands, and, the use of fireworks in campgrounds would generally tick off paying customers (have I said before that USACE funds are generated as reimbursible, that is, fees generated come back to the projects (lakes, parks) from the Treasury. USACE receives very little tax dollars for operating projects. This is a big step for USACE to step up and allow firearms - our Rangers are unarmed and are potentially in harms way.
How do you see the breakdown?
I'm not sure how ELB got the count, but I pretty easily found the one against (an anonymous comment, of course) https://www.regulations.gov/document?D= ... -0008-0049:
While I realize the gun lobby and all the fanatical gun nuts will win this one, I just want to say it has always been nice to enter a Corps facility knowing guns were not allowed. Of course, the gun nuts would bring them anyway, but at least they would be less likely to brandish them.
Because of this change in regulations, some drunken idiot will no doubt pull out his gun when he is cut off at the boat launch and then some other drunken idiot will pull out his gun and then everyone can be happy with the result.
It is a shame this regulation change will no doubt happen.
The page that shows the registered comments also shows the number of them that have been posted. It was about 11 pages long when I looked at it and I read the first line of each comment looking for whether it appeared positive, or against. Looks like I missed a couple.