The final rule is even broader than the version proposed in April,
which would have allowed national park visitors to carry concealed
weapons only in those states that allow such guns in their state
parks. Now visitors will be able to carry concealed firearms into
national parks in all states that have concealed
carry laws -- even in states that outlawed such weapons in their own
parks.
"If you can carry a concealed weapon down Main Street, you can carry
it in a national park," said Interior spokesman Chris Paolino.
If a state wants to prohibit individuals from possessing a concealed
weapon on federal lands within state boundaries, it may enact a law
to do so, Interior said. The only two exceptions are Illinois and
Wisconsin, which do not allow concealed carry.
Because the decision was made on the assistant secretarial level, it
goes into effect immediately upon publication in the Federal
Register, which is expected sometime early next week.
The move drew outrage from groups including the Coalition of
National Park Service Retirees, the Park Ranger Lodge of the
Fraternal Order of Police, the Association of National Park Rangers
and the National Parks Conservation Association. They noted concerns
raised by every living former director of the Park Service, several
ranger organizations and retired superintendents and said the rule
will put the safety of national park visitors and wildlife at risk.
But the department said the proposed change is intended to resolve
conflicts between state and federal rules that complicate efforts to
regulate firearms on public land. Other agencies -- the Bureau of
Land Management and Forest Service -- defer to state laws on
carrying firearms.
"The department's intent in adopting this final rule is to better
reflect the decisions of the states in which parks and refuge units
are located to determine who may lawfully possess a firearm within
their borders, while preserving the federal government's authority
to manage its lands, buildings and other facilities," an explanation
of the rule says.
The new rule does not allow concealed weapons to be carried into
federal buildings or facilities in national parks.
Interior Secretary Dirk Kempthorne ordered the department to review
its firearms regulations in February after 51 senators -- including
13 members of the Energy and Natural Resources Committee -- sent
letters claiming the policies were confusing and could conflict with
the Second Amendment rights of gun
owners.
The department broadened its proposed rule after receiving more than
125,000 public comments on it. Interior dropped a reference to
"similar state lands" from the final version, saying it was
ambiguous and confusing, and instead made a more general reference
to state law as the governing standard.
Interior did not do a full environmental review under the National
Environmental Policy Act for the rule. Instead, it used a
"categorical exclusion," saying that the change was legal in nature
and that no
extraordinary circumstances existed to trigger an analysis.
The National Rifle Association, which argued that federal laws
should keep in line with evolving state laws, took credit for
leading the effort to amend the policy.
"These changes respect the Second Amendment rights of honest
citizens as they enjoy our public lands," said Chris Cox, chief
lobbyist for the NRA, in a statement. "We applaud the Interior
Department's efforts to amend these out-of-date regulations."
Park, conservation and law enforcement groups oppose Interior's rule
revisions, arguing that the proposal would reduce safety and boost
the risk of impulse shootings of wildlife.
Bryan Faehner of the National Parks Conservation Association noted
that in many states, individuals won't be allowed to carry a
concealed weapon into a state park but will be able to in a national
park.
"With this decision, state parks are going to have better
protections for wildlife and visitors than our national parks,"
Faehner said. He added that N.P.C.A. is considering legal action but
will first consult with other partner groups. Other groups also
vowed to fight the change.
Rep. Raul M. Grijalva (D-Ariz.), who has been mentioned as a
possible Interior secretary for the incoming Obama administration,
wrote a letter during the comment period opposing the changes.
In explaining the rule, Interior cited an "alarming increase in
criminal activity" on some Interior lands and the inability of
federal law enforcement officers to guarantee a specific level of
public safety on their
lands.
But the parks and conservation groups said there were 1.65 violent
crimes per 100,000 national park visitors in 2006, making national
parks some of the safest places in the country.
"National parks are different from other public lands," said John
Waterman, president of the Park Ranger Lodge of the Fraternal Order
of Police. "The visitor population expects, demands and gets a
higher degree of protection, enforcement and restriction in a
national park. ... This vague, wide-open regulation will only
increase the danger U.S. Park Rangers face."
Seven former directors of the National Park Service said in an April
letter to Kempthorne that there is no need to change the existing
regulation. "In all our years with the National Park Service, we
experienced very few instances in which this limited regulation
created confusion or resistance," the letter
states. "There is no evidence that any potential problems that one
can imagine arising from the existing regulations might overwhelm
the good they are known to do."
The department disputed the argument that visitors with concealed
weapons would be more likely to use them to injure wildlife, saying
that has not been a problem in state parks. In response to comments
that the rule would inhibit park rangers from halting poaching
because brandishing a gun would no longer be
probable cause to search for evidence of wildlife parts, Interior
disagreed, saying it expects visitors to abide by prohibitions on
poaching and that they would be subject to arrest if they break the
law.
Interior gun rules were established in the 1930s to curb poaching.
They were amended in 1983 to allow unloaded firearms to be carried
in parks and refuges.
Here is the final cooperative
statement from all of the groups that had hoped to stop this gun law
change in our National Parks.