Protecting Americans from Violent Crime Act of 2008

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 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.

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.