Friday, January 2, 2009

Anti-gunners sue to stop National Parks CCW rule

From Fox News:
WASHINGTON -- An anti-gun group is suing to stop a last-second Bush administration change that would allow Americans to carry concealed, loaded guns in most national parks and wildlife refuges.

The Brady Campaign to Prevent Gun Violence sued the Interior Department in federal court on Tuesday.

They want a federal judge to stop the elimination of a 25-year-old federal rule severely restricting loaded guns in national parks.

The previous regulation required that firearms be unloaded and placed somewhere that is not easily accessible, such as inside a car trunk. But in January, visitors will be able to carry a loaded gun into a park or wildlife refuge if the person has a concealed weapon permit and if state law also allows concealed firearms.

Article here.

According to this article, the anti-gunners are seeking an injunction to prevent the rule allowing lawful CCW from going into effect:
“This rule affects both rural and urban parks like the Liberty Bell,” Vice said. “Some of our members are now afraid to take their kids to Ellis Island.”

This is why the lawsuit asks for a temporary injunction to prevent the rule from going into effect on January 9, he added. “But we’re concerned about all the parks, not just the urban parks.”

The fundamental legal issue, Vice explained, is that the rule violates the National Environmental Policy Act (NEPA).

“They (Interior Department) did no environmental analysis or review at all,” he explained. “When you have so many people with strong opinions on both sides of an issue, it’s important to follow the law and do a review process.”

Naturally, the anti-gunners must embellish the facts lie about the new rule's effects:
“The rule would allow concealed guns on the National Mall,” Vice pointed out,” and it takes effect only 11 days before the inauguration.”

The rule, of course, only provides the same level of lawful concealed carry as exists in the jurisdiction where the National Park or monument is located. Washington, D.C. does not allow lawful concealed carry in public by ordinary citizens. Period. Thus, the new rule would not allow lawful concealed carry anywhere in D.C., including the National Mall.

The complaint is available from the Brady website here.

David Hardy discusses the issue of the Brady Campaign's standing to sue here.

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