H.R. 5434

Protecting Americans from Violent Crime Act of 2008

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I

110th CONGRESS

2d Session

H. R. 5434

IN THE HOUSE OF REPRESENTATIVES

February 13, 2008

Mr. Hensarling introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To protect innocent Americans from violent crime in national parks.

1.

Short title

This Act may be cited as the Protecting Americans from Violent Crime Act of 2008.

2.

Congressional findings

Congress finds the following:

(1)

The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed;

(2)

Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net;

(3)

Section 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not possess, use, or transport firearms on national wildlife refuges of the United States Fish and Wildlife Service;

(4)

The regulations described in paragraphs (2) and (3) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at units of—

(A)

the National Park System; and

(B)

the National Wildlife Refuge System;

(5)

The existence of different laws relating to the transportation and possession of firearms at different units of the National Park System and the National Wildlife Refuge System entraps law-abiding gun owners while at units of the National Park System and the National Wildlife Refuge System; and

(6)

The Federal laws should make it clear that the second amendment rights of an individual at a unit of the National Park System or the National Wildlife Refuge System should not be infringed.

3.

Protecting the right of individuals to bear arms in units of the National Park System and the National Wildlife Refuge System

(a)

In general

Except as provided in section 930 of title 18, United States Code, the Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing, transporting, or carrying a firearm (including an assembled or functional 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, transporting, or carrying the firearm; and

(2)

the possession, transportation, or carrying of the firearm is in compliance with the law governing possession, transportation, or carrying of firearms in parks of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.

(b)

Rule of construction

Nothing in this Act shall be construed to authorize—

(1)

the taking of wildlife or fish, except as authorized by the Secretary; or

(2)

the discharge of firearms without legal justification or excuse, except as authorized by the Secretary.

(c)

Definition

For purposes of this Act, the term firearm shall have the meaning given to it in section 921(a)(3) of title 18, United States Code.