II
Calendar No. 573
110th CONGRESS
2d Session
S. 2619
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, February 6), 2008
Mr. Coburn introduced the following bill; which was read the first time
February 11, 2008
Read the second time and placed on the calendar
A BILL
To protect innocent Americans from violent crime in national parks.
Short title
This Act may be cited as
the Protecting Americans from Violent
Crime Act of 2008
.
Congressional findings
Congress finds the following:
The Second
Amendment to the Constitution provides that the right of the people to
keep and bear Arms, shall not be infringed
;
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
;
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;
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—
the National Park System; and
the National Wildlife Refuge System;
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
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.
Protecting the right of individuals to bear arms in units of the National Park System and the National Wildlife Refuge System
The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if—
the individual is not otherwise prohibited by law from possessing the firearm; and
the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
February 11, 2008
Read the second time and placed on the calendar