Thursday, July 10, 2008

Update: Comment period extended for carry in National Parks


(Grand Teton National Park, Wyoming. Definitely worth a visit! Photo from GC Webshots)

(See updated information below)

The Department of the Interior has extended the public comment period by 30 days for the proposed rule to allow concealed carry in properties managed by the National Parks Service and Fish and Wildlife Service. The extended comment period runs until July 30th, 2008.

The anti-gun forces are lining up to oppose this proposed rule. Indeed, there lots of anti-gun "nature hippies" (for want of a better term) who oppose the proposed rule, including some in Congress:
Rep. Raúl M. Grijalva, D-Ariz., chair of the House Subcommittee on National Parks, Forests and Public Lands, was among those calling for an extension, saying:

"It is my hope that ultimately the department will decide to abandon this ill-advised idea for the safety of park visitors and wildlife alike."
Also expect a legal challenge to any change in the regulations:
But don't expect the controversy to simmer down once the comment period closes. Rather, expect it to be notched up a bit as the Interior Department is sued over failing to conduct any environmental studies into how the proposed rule would impact the national parks. Already Public Employees for Environmental Responsibility has indicated it will sue the agency on just that point if it changes the regulations. Here's what the organization said in a release:

Another large defect with the plan is the failure of the Bush Interior Department to comply with the requirements of the National Environmental Policy Act (NEPA) for conducting a formal assessment of any significant action with potential environmental impacts. In its Federal Register notice Interior concedes the proposal will have effects on "visitor safety [and] resource protection" but states that:

"We are currently working to determine the appropriate level of NEPA assessment and documentation that will be required for the promulgation of this regulation."

Nonetheless, the Park Service has prepared NEPA assessments for far less significant proposed rulemakings. If these rules are adopted, a NEPA lawsuit would likely result in the judicial cancellation of the rules until NEPA requirements have been satisfied, a process that would take months, if not years.

"NEPA litigation will stall these firearm rules until the next administration where they may never again see the light of day," says PEER Executive Director Jeff Ruch. "It is completely in character for this Interior Department to overlook the very environmental laws they are supposed to be administering." [emphasis added]
Note the assumption that the "next administration" will be an anti-self-defense one, and will block or rescind any pro-gun, pro-self-defense regulations. Having a strong majority of comments in support of the proposed rule makes it harder (but not impossible) for anti-gun Dept. of Interior bureaucrats to oppose the regulation on the merits, although other anti-gun groups can oppose on other technical grounds, as the above quote points out.

So if you still haven't submitted a public comment in support of the proposed rule, please consider doing so. You can submit your comment via mail (the electronic comment submission has apparently closed) at the following address:

Public Comments Processing
Attn: 1024–AD70
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Suite 222
Arlington, VA 22203.

UPDATE 7/10/08: Electronic comment submission has been re-opened as well. You can submit your public comment from the comfort of your keyboard at Regulations.gov here. The comment period runs until August 8, 2008.

See my post here for more details and some additional suggestions as to what to include in your comment. Note that your comment, along with any personally identifying information such as name, address, or email, etc. may be publicly viewable (that's why they call it a "public comment"!) Thus, be aware of the personal info you submit.

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