Approved by ANPR Board of Directors
Jan. 27, 2008

On December 14, 2007, forty-seven United States Senators sent a letter with their signatures to the Secretary of the Interior that requested a regulatory change in Title 36 Code of Regulations (36 CFR) § 2.4 which regulates firearms' use and possession on lands and waters administered by the National Park Service (NPS). The following is the official position of ANPR on the requested regulatory change.

The signing senators offered two primary justifications for the regulatory change they request. The first is the justification that NPS firearms regulations are in conflict with individuals' Second Amendment rights to carry firearms. The second is the justification that NPS firearms regulations are not consistent with other federal land management agencies, specifically citing the U.S. Forest Service and the Bureau of Land Management.

ANPR believes that the Constitutional - Second Amendment justification is being applied selectively. There are currently many federal, state and local government lands that prohibit the possession of firearms, as well as private businesses that will not allow firearms on their premises. Examples include postal property, schools including school grounds/athletic events, courtrooms and buildings, U.S. Capitol grounds and buildings (including the Senate Office Buildings), the White House and grounds, portions of airports and certain airplanes, and some churches and church grounds.

The U.S. statutory federal law and regulations are all established through a process open to societal input of individual citizens. Since the creation of the NPS by congressional act in 1916 it seems clear by the language Congress used that lands and waters administered by the NPS would be regulated for different purposes than other federal lands, providing citizens with unique opportunities than they might not encounter otherwise. The Service's statutory mandate for preservation of natural and cultural resources as stated in the Organic Act is its fundamental purpose and highest priority. Individual park enabling legislations or presidential proclamations, and Title 36 CFR, all have significant justification to restrict firearms in units of the National Park System as well.

ANPR echoes U.S. society and existing legislation in believing that the Second Amendment right to bear arms is not absolute in all locations nor at all times. Park units are sanctuaries for human and animal alike, and in some cases may be the only viable habitat for a specific species. Unlike some other private, state, and federal property, natural resources in National Parks are protected, unless specified differently in the park's enabling legislation. Because of this, humans do not have the right to kill an animal in a National Park in order to protect life or property. Allowing firearms in National Parks would increase the risk to animals, primarily predatory species, considerably.

The current Title 36 CFR § 2.4 allows unloaded firearms to be transported through a park in a mechanical mode of conveyance or possessed in a temporary lodging structure as long as they are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use. It also allows individual park superintendents to issue permits to individuals to carry firearms or possess loaded firearms when they are accessing lands or waters contiguous to the park where other means of access are otherwise impracticable or impossible. These are reasonable accommodations that both protect some measure of individual rights while also protecting park resources and values.

The U.S. Congress already has the power to allow firearms on NPS administered lands. ANPR members believe that the 47 signatories of the initial letter to the Secretary requesting regulatory change should ensure that allowing firearms on NPS administered lands is a course of action that the majority of U.S. citizens desire. This action would mean a significant change to the fundamental purpose for which parks were established. As such, it needs to go through the full legislative process, be voted on by our elected Congressional representatives, and allow them to be accountable for those votes in the next election cycle.

ANPR submitted these formal comments in a letter June 27, 2008, in opposition to the proposed changes to regulations. The public comment period ended June 30.