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New Firearms Law
Monday, February 22, 2010 at 7:52AM BREIFING STATEMENT FOR PARK EMPLOYEES AND VOLUNTEERS IN PARKS
Firearms Law
A new federal law has changed policies related to firearm possession in the national parks. This law, The Credit Card Accountability and Disclosure Act of 2009 (P.L. 111-24), was enacted May 22, 2009 and became effective Feb. 22, 2010. Section 512, Protecting Americans from Violent Crimes, states that the NPS ”shall not promulgate or enforce and regulation” prohibiting possession of firearms in parks.
Partial Text of Section 512 (b) P.L. 111-24. Credit Card Accountability Responsibility and Disclosure Act of 2009
(b) Protecting 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
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.
As this law indicates, the law enforcement rangers of the C&O Canal NHP and the US Park Police will be enforcing the firearms laws of the State of Maryland, State of West Virginia and Washington D.C. within the park area. A link to these laws is on the park’s website www.nps.gov/CHOH . This new federal law does not affect existing laws and regulations prohibiting the use of firearms in the park and hunting is still prohibited. All employees, volunteers and partners working in the park should have some familiarity with each jurisdiction’s laws. Please see attached appendix for MD, WV and DC
Firearms are prohibited in Federal Facilities
Under Title 18 U.S.C. Chapter 44 section 930, firearms are prohibited in federal facilities. The park facilities that meet the provisions under this law will be posted with a “Firearms Prohibited” sign. This normally relates to park visitor centers and offices.
Park employees are prohibited from possessing firearms while on duty
Under 43 C.F.R. 20.511, Departmental employees (including Volunteers in Parks) in the course of their official duties are prohibited from possessing firearms on property under the control of the Department.
Talking Points for Visitor Questions
- · Provide the basic law information as mentioned in this briefing statement and stress that it is the responsibility of the citizen to know the state regulations in reference to firearms.
- · Provide a copy of the rack card about this law if you have it available.
- · Do not provide any personal opinion to the visitors about this new law.
- · The National Parks Service is implementing and following the intent of this law just as we do for any new law affecting the administration of park areas.
Observing a visitor with a firearm
- · Do not confront or question a visitor who has a firearm. Assume that the visitor has the legal right to possess the firearm.
- · Notify the parks communication Center (1-866-677-6677) of your observation.
- o Be observant to any suspicious activities of the visitor.
- o Provide information on the clothing, actions, and general description of the visitor.
Questions
Please contact Chief Ranger, Brad Clawson, (301-714-2222) if you would like more information on this topic or if you have questions.
1. Link to Video- http://www.chohpublic.net/vip/Shared%20Documents/Firearms.wmv 2. Link to Frequently Asked Questions Document- http://www.chohpublic.net/vip/Shared%20Documents/Frequently%20Asked%20Questions%20-%20Firearms.pdf