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

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.

September 16, 2008 Read twice and placed on the calendar