Posted on 10/21/2009 9:22:40 AM PDT by Second Amendment First
Officials say a law signed by President Obama in May will allow gun owners to openly carry firearms in Grand Teton and the Wyoming portions of Yellowstone when the law goes into effect in February.
Several National Park Service employees and legal experts who interpreted the legislation say it extends to all, not just those with concealed weapons permits. When U.S. Sen. Tom Coburn, R-Okla., attached a rider to a credit card reform bill earlier this year, almost all reports indicated it applied to concealed weapons only.
While federal officials are trying to figure out the nuances of the law to develop guidance for park rangers, one said there appears to be little question that toting firearms openly will be allowed, depending on the law of the state in which the park is located. Since Wyoming does not require a permit to openly carry weapons, visitors would be able to pack heat in plain view of the public while in Yellowstone and Grand Teton national parks.
The interpretation raises the possibility that those who tread the shores of Jenny Lake and the boardwalks of Old Faithful could brandish rifles and sidearms. For conservation groups and rangers, the specter looms of backcountry travelers arming themselves for self-defense and poachers wandering the woods with impunity.
“If, in Wyoming, it says you can walk down the street with a firearm strapped to your waist, it’s legal [in Grand Teton and Yellowstone],” said Phil Selleck, chief of regulations and special park uses for the Park Service. He made his comments in a telephone interview from Washington, D.C., after being asked to explain the new legislation.
“If the state law doesn’t require a permit, then a permit is not required,” Selleck said.
At Grand Teton National Park headquarters in Moose, spokeswoman Jackie Skaggs said it’s a common misconception that the new guns in parks law only applies to concealed weapons. During the Bush administration, gun advocates pushed a repeal of the firearm prohibition in national parks, succeeding only in obtaining an administrative rule allowing some permitted concealed weapons.
That concealed-weapons rule was overturned in court. Coburn’s rider was much more lenient, although it has not been reported as such.
“Everyone assumed that it’s the concealed weapons permit holders that will able allowed to carry,” Skaggs said. “It’s broader than that now.”
Kent Spence, a trial lawyer and partner at the Spence Law Firm, agreed with the interpretation that most park visitors will be allowed to openly carry weapons.
“As long as they don’t have any legal problems pending, there’s no reason why they can’t come into Wyoming and into the park as long as it’s in plain view,” he said.
Spence supports the new law.
“I’ve always felt a little uncomfortable in bear country in a national park not being able to carry a gun while camping,” he said. “I still think that the best line of defense is pepper spray, but if that’s not working, it’s nice to know that you have a bear gun with you.”
Skaggs said Grand Teton law enforcement officers will be ready when the law goes into effect Feb. 22.
“We’re prepared to implement the laws that are passed by Congress and signed into law by the president,” she said. “Our understanding is, the state regulations for an ordinary citizen in the state of Wyoming will apply to national parklands.”
However, Skaggs said some rules do differ in the park compared to the rest of the state.
“They cannot use it or display it in a threatening manner, and they cannot discharge it unless their personal safety is in question,” she said.
Spence said what’s good in Wyoming should be good in Yellowstone.
“I think the law is good because, why should it be any different just because we crossed the boundary into a national park when we’re still in Wyoming?” he said.
Bryan Faehner, associate director for park uses with the National Parks Conservation Association, said he’s concerned.
“We, all along, have felt that the [1983 Reagan administration] regulation that is still in place is working just fine,” he said. “Parks are some of the safest places in the country.
“[With the new law] people could be walking around possibly carrying a rifle,” Faehner said. “That changes the dynamics of the park experience.”
In addition to the potential for an increase in violent crimes in parks, Faehner said he’s worried about what the new gun law means for wildlife.
“It’s going to be very interesting to see how it all plays out in terms of poaching,” he said. “I think there are individuals who could be getting a lot closer to wildlife.”
“Having a firearm gives some people a false sense of security,” Faehner said. “That’s not to say that all firearm owners are like that, but there are going to be some people who push the envelope.”
Louise Lasley, public lands director for the Jackson Hole Conservation Alliance, said her organization also opposes the change.
“The Jackson Hole Conservation Alliance has, since this proposal was first initiated, been concerned for human safety and wildlife protection and how to resolve jurisdictional complexity in places like Yellowstone,” she said.
Coburn attached the rider to a credit card reform bill earlier this year. The law will allow people, including those with concealed weapons permits, to carry weapons in parks provided the state in which the park resides recognizes the permit. The law also applies to the National Wildlife Refuge System.
States such as Massachusetts and New York have stricter gun laws that require permits for the sale and possession of firearms. Park rules in those states would mimic state laws.
With the new law, people in national parks will not be allowed to carry weapons, concealed or otherwise, in federal buildings.
Selleck said the law could be tricky to observe in parks that cross state lines such as Yellowstone – which covers parts of Wyoming, Idaho and Montana – and Death Valley, which is in Nevada and California. Each state might have a different law regarding firearms and those would be reflected in park regulations.
“If you’re in Yellowstone, you have to know whether you’re standing in Wyoming, Idaho or Montana,” he said. “Please, please, please, if you’re going to travel with a firearm, know the laws. Know what you should be doing and what you can’t do. That way you won’t be disappointed.”
Pew pew pew!
Is this now going to be law in all national parks?
Good news for Alaska.
So tell me, how does one know someone is a poacher, openly armed or not, until they have shot (or attempted to shoot) at something?
Complete strawman argument.
“...rangers, the specter looms of backcountry travelers arming themselves....”
“If, in Wyoming, it says you can walk down the street with a firearm strapped to your waist, it’s legal [in Grand Teton and Yellowstone],”
OMG! Grand Teton is going to become a Kill Zone just like the rest of Wyoming now! Wyoming is like Number 1 on the violent crimes rate I think.
Intereting comment at being more daring around the wild animals and getting closer. Not sure I buy it though. When I carry a firearm in the woods it is because I am concerned for my safety and aware of the dangers. I would think that would apply to others as well. The camera-toting tourist that wants to get a photo of the cute bear though ....
It would appear that this is the case in any state that has open carry laws.
““I’ve always felt a little uncomfortable in bear country in a national park not being able to carry a gun while camping,” he said. “I still think that the best line of defense is pepper spray, but if that’s not working, it’s nice to know that you have a bear gun with you.”
He has a greater chance of being attacked by armed Mexican drug cartel illegal aliens in our national parks and forests....if they don’t burn them all down first.
Thursday, August 20, 2009
The War Next Door is here....800 miles from the Mexican Border
http://towncriernews.blogspot.com/2009/08/war-next-door-is-here800-miles-from.html
85,000 Acre California Fire caused by Mexican Drug Cartels - confirmed!
http://towncriernews.blogspot.com/search?q=+85%2C000+Acre+California+Fire+caused+by+Mexican+Drug+Cartels+-+confirmed%21
What's the problem with backcountry travelers being armed? If they're smart, they are already armed.
The poacher thing goes back to basic logic about criminals. THEY ARE LAWBREAKERS, SO LAWS DON'T IMPACT THEM ONE WAY OR ANOTHER.
Sheesh.
Grizzly bear poop is different from black bear poop. It's bigger and smells like pepper...
If you’re a “poacher” you’re not going to be calling any unnecessary attention to yourself by openly brandishing firearms— unless you’re also a complete moron.
It also has little bells mixed in as well.
I know well enough to stay clear of bears, however I would not even consider day hiking in some of these parks due to the now previous rule against firearms and the threat of a bear attack. Typically if the bear knows you’re around, it wants nothing to do with you, and leaves. Note however I said typically. Grizzlies are also aggressive. They will charge at up to 40 mph, which is awful fast for an animal that size. Yellowstone, Grand Teton, Glacier, and Denali are major grizzly parks.
However, Skaggs said some rules do differ in the park compared to the rest of the state. "They cannot use it or display it in a threatening manner, and they cannot discharge it unless their personal safety is in question," she said.
I assume it's the reporter who is the dummy here, because the activities described as forbidden in the national park are also forbidden in the rest of the state (target shooting excepted).
Bear scat. Carrying a weapon is NOT brandishing a weapon. Brandish means to hold it in a menacing/threatening manner.
Bears? It is the drug growers in the parks that are the real threat.
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