[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5434

  To protect innocent Americans from violent crime in national parks.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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.
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