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National Park Service: Discharging Firearms for Self Defense Illegal
Gun Watch ^ | 23 October, 2016 | Dean Weingarten

Posted on 10/27/2016 12:37:56 PM PDT by marktwain


Image from nbc29.com

The National Park Service is giving bad legal advice to people who visit their web page and attempt to find out about firearms policy at various national parks. 
For Grand Teton National Park in Wyoming, they claim that firearms "cannot be used as a wildlife protection strategy". From nps.gov:

Federal law also prohibits firearms in certain facilities in this park (such as visitor centers, government offices, etc.); those places are marked with signs at all public entrances. Firearms may not be discharged in this national park (except during legal hunting seasons) and can not be used as a wildlife protection strategy. Bear spray and other safety precautions are the proven methods for preventing bear and other wildlife interactions. See the Bear Safety and Wildlife Viewing pages.
Having a firearm as a "wildlife protection strategy" is not illegal.  It is not something the park has any say over.  It is ruled by state law, not park regulations. The Supreme Court has ruled that the carry of firearms for self defense is a constitutional right, in Heller v. District of Columbia.

For Yosemite National Park in California, they claim that "Discharging a firearm for any reason is illegal." From nps.gov:
It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. As a starting point, visit the California Attorney General's website.

Federal law also prohibits firearms in certain facilities in this park; those places are marked with signs at all public entrances. Discharging a firearm for any reason is illegal.
Discharging a firearm for defense of self and others is legal.  You may have to show that your purpose was defense, and that a reasonable person would have done what you did, but it is not illegal.

Going to the Frequently Asked Questions Implementation of Firearms Law link gives you this inept "DRAFT - Do Not Distribute" pdf. From nps.gov:



As this document is only a "draft" from 2010, that was never supposed to be distributed to the public, I would suggest this modest addition:

Q.  Why was the National Park Service allowed to ignore the Second Amendment for nearly a hundred years? 

A.  The ban on firearms was an administrative rule designed to reduce poaching in the parks.  As the penalties were small compared to the costs of challenging an administrative rule on constitutional grounds, the National Park Service ignored the Second Amendment until the people pushed Congress to act.

There are numerous other FAQs that some imaginative and paranoid person at NPS put together in this DRAFT.  It has stayed up at the site, never being updated, for the last six years.  One of the most amusing is this:
Q. I am frightened by firearms and am leaving the park. Can I have my entrance fee refunded? My annual pass refunded?

A. Park superintendents have the authority to provide a refund if the circumstances warrant it.
Have any refunds ever been given?  Perhaps it could be determined with a FOIA request.

The NPS is not known for its high level of competence. I suspect a mundane case of bureaucratic inertia, compounded by the usual lack of "blood in the streets" following the incremental restoration of Second Rights. From eenews.net:
Mark Magnuson, the chief ranger at Rocky Mountain National Park, was hard-pressed to come up with examples of the law's effects. But one was immediate confusion from visitors.

"The year after the law change, we had several complaints from visitors about people openly carrying firearms -- which was now legal," he said. "So it was a little bit of an educational learning curve for members of the public, but not a huge deal." 
It is time for the National Park Service to move into the 21st Century, and do away with their 20th Century prejudices.

They should update their websites to reflect reality and update their hastily made DRAFT FAQs from 2010.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Outdoors; Politics; Society
KEYWORDS: banglist; firearm; nationalparks; selfdefense
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The National Park Service does not appear to have updated its policies since 2010.
1 posted on 10/27/2016 12:37:56 PM PDT by marktwain
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To: marktwain

“wildlife interactions”

They even have to be politically correct with bears?


2 posted on 10/27/2016 12:39:46 PM PDT by lacrew
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To: marktwain
That Obama toady, Jarvis, has got to go.


3 posted on 10/27/2016 12:42:18 PM PDT by Paine in the Neck ( Socialism consumes EVERYTHING!)
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To: marktwain

Then why are Federal Park Rangers armed?


4 posted on 10/27/2016 12:43:08 PM PDT by GregoTX
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To: marktwain

Firearms may not be discharged in this national park (except during legal hunting seasons) and can not be used as a wildlife protection strategy

GOOD, Then EVERY EMPLOYEE of the Park Service should be IMMEDIATELY PROHIBITED from Carrying ANY FIREARM AT ANY TIME.

Where is Paul Rino on pushing this legislation through???

by the way, when Government Employees put stuff like this out there for Public Consumption, a REAL Speaker of the House would RAMROD through Legislation making them LIVE BY IT!!!


5 posted on 10/27/2016 12:45:00 PM PDT by eyeamok (destruction of government records.)
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To: lacrew

Black bears matter.


6 posted on 10/27/2016 12:46:09 PM PDT by dangerdoc ((this space for rent))
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To: marktwain

That’s quite alright National Park Service, when my life or the life of my family is at stake I couldn’t not give the smallest rat’s a** what the legal ramifications are....


7 posted on 10/27/2016 12:47:23 PM PDT by apillar
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To: marktwain
Bear spray and other safety precautions are the proven methods for preventing bear and other wildlife interactions.

What do you do if they are wearing a face mask and attack you?

8 posted on 10/27/2016 12:49:05 PM PDT by 17th Miss Regt
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To: marktwain

You better let them kill you becuase if you shoot in self-defese, it’s iilegal.

Yes, liberals ARE that stupid...


9 posted on 10/27/2016 12:49:48 PM PDT by Mr. K (Trump is running against EVERYONE. The Democrats, The Media, and the establishment GOP)
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To: marktwain

It looks like someone needs to sue the National Park Service to allow people to defend themselves by guns if attacked by a marauder or a bear.


10 posted on 10/27/2016 12:50:26 PM PDT by Rapscallion (The Clinton cabal like Obama intends to destroy the America you used to love.)
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To: marktwain

Instead, give them a big ol’ bear hug.


11 posted on 10/27/2016 12:54:12 PM PDT by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: marktwain

An incident may be addressed as an “affirmative defense” invoking “doctrine of competing harms”, to wit:
“Yes, I shot that bear. Yes, that was illegal. HOWEVER, I am legally excused in doing so because obeying the law would have caused far greater harm (grave injury or death) than disobeying it.”

Just one of those weird ways laws work.


12 posted on 10/27/2016 12:58:00 PM PDT by ctdonath2 ("If anyone will not listen to your words, shake the dust from your feet and leave them." - Jesus)
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To: lacrew

In true statist, bureaucratic fashion now, the de-facto rule is: if you have to shoot a bear to defend yourself, then don’t tell anyone.


13 posted on 10/27/2016 1:02:54 PM PDT by PGR88
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To: GregoTX

illegals


14 posted on 10/27/2016 1:06:58 PM PDT by ichabod1 (Make America Normal Again)
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To: marktwain

A big FU to them!


15 posted on 10/27/2016 1:07:47 PM PDT by Renegade
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To: Mr. K

What were ya doin’ to make that bear soooo angry?


16 posted on 10/27/2016 1:08:09 PM PDT by ichabod1 (Make America Normal Again)
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To: marktwain
How timely. This video was posted yesterday. The guy with the beard is a licensed attorney, so don't let his looks fool you.

https://www.youtube.com/watch?v=AZaflaueToI

17 posted on 10/27/2016 1:11:53 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: marktwain

It’s ironic that, in a supposedly “free country”, that public spaces are such bastions of tyranny.


18 posted on 10/27/2016 1:13:12 PM PDT by fruser1
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To: marktwain

Husband: What a beautiful day. Let’s go for a hike in the National Park.

Wife: That’s not a good idea. There are Grizzly bears out there and they have cubs this time of year.

Husband: Not to worry my dear; I have my trusty 9MM in my pocket.


19 posted on 10/27/2016 1:13:55 PM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: DJ Taylor

I wouldn’t feel good about shooting a bear with a 9mm.


20 posted on 10/27/2016 1:16:53 PM PDT by ichabod1 (Make America Normal Again)
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