[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3499 Placed on Calendar Senate (PCS)]






                                                      Calendar No. 1007
110th CONGRESS
  2d Session
                                S. 3499

  To protect innocent Americans from violent crime in national parks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2008

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 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. USE OF FIREARMS IN UNITS OF THE NATIONAL PARK SYSTEM AND THE 
              NATIONAL WILDLIFE REFUGE SYSTEM.

    (a) 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.
    (b) 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--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State relating to the possession of a firearm in a 
        State park, State wildlife refuge, or similar unit of State 
        land in the State in which the unit of the National Park System 
        or the National Wildlife Refuge System, or that portion 
        thereof, is located.
                                                      Calendar No. 1007

110th CONGRESS

  2d Session

                                S. 3499

_______________________________________________________________________

                                 A BILL

  To protect innocent Americans from violent crime in national parks.

_______________________________________________________________________

                           September 16, 2008

                 Read twice and placed on the calendar