Two national park advocacy groups are going to court to challenge a recent change in federal rules that allows people to carry loaded weapons inside national parks.
National Parks Conservation Association and Coalition of National Park Service Retirees issued a press release Wednesday indicating that they have filed a lawsuit in U.S. District Court seeking an injunction against the rule, which was adopted by the Bush Administration last month. The rule, scheduled to go into effect Friday, Jan. 9, increases risks to visitors, park staff and wildlife, and is unlawful because it did not go through the proper required review before it was adopted, the groups claim.
“In a rush to judgment, as a result of political pressure, the outgoing administration failed to comply with the law, and did not offer adequate reasons for doing so,” NPCA President Tom Kiernan indicated in the release.
Currently, firearms are allowed in national parks as long as they are not loaded and are not easily accessible, such as in a gun case in the trunk of a car. The new rule, which was supported by the National Rifle Association, does away with these restrictions.
According to the release, the U.S. Department of Interior violated the National Environmental Policy Act when it failed to conduct a required analysis of the rule’s environmental effects. The rule was opposed by National Park Service officials and associated professional groups and by more than 100,000 of the 140,000 people who submitted public comments on the proposed change, the release indicated.
Brad MacDonald, a Bangor attorney who has publicly argued in favor of the new rule, said Wednesday he was unfamiliar with the lawsuit. But he said law-abiding citizens should not face any more restrictive measures against their constitutional right to bear arms in national parks than they do in other places.
“There’s no reason to deny that right in a federal park,” MacDonald said. “[People] ought to be able to carry them where they want to, for the most part.”
MacDonald said that the new rule allows permitted visitors to carry loaded firearms into any national park as long as concealed weapons are allowed in the state where that national park is located. He said this is broader than the original proposal, which was to allow loaded weapons in national parks in states where loaded weapons are allowed in state parks.
“I think it’s actually better than what they proposed,” MacDonald said. “I think it’s a step in the right direction.”
Officials with Friends of Acadia disagree with MacDonald. The Bar Harbor nonprofit organization, which advocates on behalf of Acadia National Park, has opposed the new rule, saying that there is no benefit to changing park regulations about firearms.
“We feel the current law is adequate and that the new rule is unwarranted,” Stephanie Clement, FOA’s conservation director, said Wednesday. “We hope the new firearms law is blocked from implementation.”
With the new rule, Clement said, there is added risk of opportunistic poaching in Acadia or of accidents. She cited Plaxico Burress, the pro football player who in November accidentally shot himself in the leg when he took a concealed handgun to a New York City nightclub, as an example of what could happen.
“Was he safer because of his concealed weapon?” Clement asked, suggesting that Burress was not. “It’s scary to think of accidents that can happen while hiking.”
On 1/8/09 at 8:49 AM,
downfleeced wrote:
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It IS scary to think of the accidents that can happen while hiking...like getting raped if you are a woman, assaulted, run into wild animals like bears and mountain lions, come upon an active drug operation. All these things HAVE and DO happen in our national parks. I for one would like to be able to keep the odds in my favor if they do happen by continuing my right to carry a concealed weapon.
On 1/8/09 at 9:27 AM,
mainbad wrote:
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This is obviously Left driven opposition. I don't see where there is a huge issue here in that if there are laws on the books in the states that host the National Parks, it would be obvious that those laws would extend to individuals carrying weapons. As a concealed weapons permit holder, I cannot think of a reason that I would carry my handgun while hiking in Acadia. On the other hand, I can thing of every reason to carry one (and loaded) in places like Alaska, or wyoming for obvious reasons.
On 1/8/09 at 9:35 AM,
snowhownd wrote:
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Good to hear of a law that is actually making things LESS restrictive, its always 'oh, we need a law for this too.' I don't carry a concealed weapon, actually I don't even own a handgun, but I do like the idea of letting the state warrant what happens instead of the government mandating things across the board. Yes, I don't feel there is any need to carry in Acadia, but you better believe that I'd want to carry in Montana, Alaska, etc!!!
On 1/8/09 at 9:41 AM,
SteveyDee wrote:
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You actually have to be careful in Acadia, there are a lot of limp wristed a## bandits there. You just never know when they are going to attack.
On 1/8/09 at 9:45 AM,
PabMainer wrote:
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Stevey sounds like at least carrying a tasor would be of benefit....
On 1/8/09 at 9:56 AM,
MDIROB wrote:
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If I'm carrying you'll never know it unless I feel the need to let you know. More anti-gun bs but it's just the beginning of it with the Great Messiah about to assume his throne.
On 1/8/09 at 10:22 AM,
sickntired wrote:
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Concealed weapons? I think if you wish to carry it should be required that you carry openly. That way everyone knows that there is armed help available should they need you. Also if you are confronted by an officer or official for your safety and theirs they will be able to react appropiatly. If you are carrying concealed and inform them they may tend to get nervous while you are reaching for it. There are times and places to carry concealed but I don't think outdoors in a park or the woods is the right place. This is from a Democrat who believes in 2nd amendment rights. I think you will find there are a lot of us around.
On 1/8/09 at 12:01 PM,
turborob wrote:
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As it always is with politics, both the right and left are out of touch, and the middle makes the most sense. The NRA may be all jacked up now that they managed to get some pro-gun legislation passed, but in the real world this change in policy makes little difference to most people. There are parks where the ability to carry a handgun can be beneficial, but Acadia is not one of them. I've been to the park many times and have yet to be confronted by a brown bear or a mountain lion. I hold a concealed weapons license, but I rarely carry and certainly wouldn't bother "packing" in Acadia. Clement's reference to the Burress nightclub accident in NYC couldn't possibly have less relevance to this law. On a related note, I'm still not sure that the 2nd amendment means that citizens have a right to bear arms unconditionally, unless we choose to ignore the context of a "well regulated militia". I'm all for gun ownership, I just don't think the Bill of Rights guarantees it.
On 1/8/09 at 12:50 PM,
dino19 wrote:
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I love guns. I have several and I am law abiding citizen. I think carrying a concealed weapon in a national park is a bad plan. The problem I believe would be from people killing or injuring animals when they mistakingly think they were in danger. People who have not not been educated on animal (bear) behavior don't understand that attacks are rare and most of these animals just want to get away from us anyway. Worst case scenario would be coming between a sow grizzly and her cubs or coming upon a bear that is protecting a kill. Carrying a concealed gun gives a false sense of security. More than likely one would just aggrevate the situation by using a gun.
Bear spray on the other hand has been proven to be an effective deterent. The spray has been used to stop charging wildlife such as grizzlies, black bears, and mountain lions in western states and is standard issue to park rangers and can be purchased over the counter at most sporting good stores.
Living in the western states for several years, I hiked in national parks quite often, while carrying only bear spray. I never had a need to use it. Maybe I had a false sense of security carrying only bear spray but once I was educated by watching a video produced in Canada called, "Staying Safe In Bear Country, "and how effective bear spray was and still non lethal to animals I did feel better about my decision to carry the spray.
The only comprimise I would make to allow the carrying of concealed weapons in national parks is to put in place a hefty fine for the discharge of a firearm in a natioanal park .Even if it was accidental and an even stiffer penalty if wildlife were involved.
On 1/8/09 at 1:53 PM,
mainejeff wrote:
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MDIROB.......Not if I feel the need to let you know first.
On 1/8/09 at 1:57 PM,
choppahdave wrote:
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Forget the bears. Discreet personal protection is never a bad idea. It.s the humans that pose most of the threats in Acadia.
On 1/8/09 at 2:11 PM,
SteveyDee wrote:
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mainejeff and MDIROB ,Yeh, but what if I let you know first before you let him know that he let me know. Does that mean we all know? But still someone knew first.
On 1/8/09 at 3:24 PM,
jasonmorse wrote:
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Are our national parks the bath houses of violent drug dealing criminals, looking to rape women hikers? Mabe search and security measures like at the airport and border stations is in order, when is enough enough, Learn to adapt to the wildlife and enjoy it, or fear the unknown "paranoid masses" the only need for a firearm in a park is to poach, and the off chance to bust a cartell's drug smugling opperation, or to protect sloppy campers and thier grungy camping clothes and half a cooler of Bear bate left out overnite to attract problems.
On 1/8/09 at 3:30 PM,
jasonmorse wrote:
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If a concealed weapons permitee has a need for permit it should follow the permitee anay where within the jurisdiction.
On 1/8/09 at 3:30 PM,
jasonmorse wrote:
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If a concealed weapons permitee has a need for permit it should follow the permitee anay where within the jurisdiction.
On 1/8/09 at 6:09 PM,
acadiashores wrote:
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I dunno about the rest of you but I don't feel safer because of this. If anything it makes me more fearful. Now drunken fools will be able to carry loaded weapons into Acadia.
On 1/8/09 at 7:39 PM,
Govt2Big wrote:
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It's unfortunate so many people have never read our U.S. Constitution, especially the part called our Second Amendment. The anti-gun crowd should focus on the crimminals and leave us law abiding gun owners alone...we are not the ones you should be afraid of.
On 1/8/09 at 7:45 PM,
acadiashores wrote:
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The problem is, yes, 90 % of gun owners will be responsible. But what about the 10% that will use this as an excuse to get drunk, flash a weapon at somebody when angry or shoot an animal in the park? I just don't see the need to carry a loaded weapon into a national park.
On 1/9/09 at 11:17 PM,
scarfinger68 wrote:
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sickntired wrote:
""Concealed weapons? I think if you wish to carry it should be required that you carry openly."" ""If you are carrying concealed and inform them they may tend to get nervous while you are reaching for it.""
There have been books writen on how the sight of a gun produces fear. But, there are states that allow a person without a concealed carry permit to carry openly. Ohio is one of those states. Personally I don't want to scare people so I would carry concealed. After informing an officer, which you only have to do if its official business, you NEVER reach for your firearm. You follow the police officers instructions and if he wants to HE will disarm you himself.
acadiashores wrote: ""Now drunken fools will be able to carry loaded weapons into Acadia."" ""I just don't see the need to carry a loaded weapon into a national park."" It is illigal to carry a weapon open or concealed with ANY amount of alchohol in your system. Who needs a gun in a park? Or better yet, who needed a gun in a park?
Tell that to Meredith Emerson...the 24 year-old woman whose body was found decapitated days after going missing on New Year’s Day 2008. She was a martial arts expert that was killed by a 62 year old toothless man in Chattahoochee National Forest.
Also, a few months ago woman was beaten and killed with a rock in a local Cleveland Ohio park.
Someone suggested open carry would let them know where the person carrying a gun was and that they could call that person for help. Sorry about your luck but I carry to protect myself and my family. I am not the police and I am at no obligation to come to your aid as a responsible gun owner.
Try putting one of those pocket size rangers/policeman in your pocket and all your porblems will be solved. Until then, I carry when every legally possible because I chose to live and I will forbid the criminal to decide my fate.
On 1/10/09 at 11:58 PM,
AirWolfe wrote:
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OH please......if I have a CCW that the State of Maine has issued to me, why can't I enter Acadia Nat'l Park with it. The State of Maine lets me Carry Concealed, but if I drive or walk into the Park I have to disarm? Although I'm not a huge Bush fan, this is one of the more common sense policies enacted. In a utopian world, it would be nice to think that if you take away all the guns, crime will disappear. Unfortunately, the sad truth is crime will always be with us. The bad guys will always find illegal ways to possess, and no matter how many laws you put on the books, they will never obey them!!! For crying out loud they're committing crimes with the illegal guns!!! 99.9% of all legal gun owners are very responsible, they respect the right to gun ownership seriously, obey the gun laws, and are just as appalled at irrisponsible gun handling, i.e. Plaxico Burris. If an irrisponsible driver causes an automobile accident due to in inattention to their driving, should we outlaw cars? Ask the victom of a violent crime, "If you had the means to prevent the crime would you have used it?" No one can say, "You will never have to worry about being a victim in Acadia National Park." Crimes HAVE been committed in Nat'l Parks and people from those areas were shocked when it happened. Responsible CCW is an individuals means of last resort to prevent a crime. Contrary to the media, gun owners are some of the more responsible individuals and should not be grouped in with people like Plaxico Burris.
On 1/12/09 at 10:20 AM,
ParkRanger wrote:
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As a former Park Ranger, federal investigator, police officer,and Assistant District Attorney, who has traveled accross our country, I can assure everyone that parks are among the most dangerous areas you can visit. The major risk is rape, robbery, armed assault, and theft. I have worked several homicides in several parks as well as attempted rapes and many, many violent assaults. Women who jog or bike alone are easy targets particulary on nature trails. They are alone, out of sight, and often very tired. I have worked cases where a pack of wild dogs attacked a person and I have found as many as dozen drunken bikers fighting and rolling though open fires, all within feet of families in tents. Bear spray is good but slow and of limited range and not very good against people. Tasers are short range and single shot and frankly not a good choice. They are best used for rape detertents in urban areas. I have also been chased around a tent at 3:00 am once in Colorado and understand the terror of climbing out of a sleeping bag to face a bear. I was armed but did not shoot ther bear. So, while the local park in Bangor may be fairly safe, look at the rest of the newspaper for last week. Those violent people who make the headlines also go to the parks. Let the local state make the laws concerning concealed carry. If it is legal in Maine, then let the citizens of Maine carry concealed. We do not need some federal agency bureaucrat who has never faced the terror of assualt, rape, or heard the close up woofing of the bear deciding what protection citiziens should keep in their tents.
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