Bill Introduced to Allow Carry in National Parks
Written by Mike Kinsey
Friday, 17 November 2006
Senator George Allen (R-Virginia) has introduced SB 4057, the National Park Second Amendment Restoration and Personal Protection Act of 2006. If adopted as law, this legislation would allow legal carry of firearms into National Parks so long as the state does not prohibit carry in all parks.
The arbitrary prohibition of your right to self-defense in a National Park needs to end. Your life is not worth less while visiting one of our countryGÇÖs beautiful parks than it is anywhere else you may be. Personally, I believe that lonely wilderness trails may be one of the places that I would most want to have my self-defense firearm. Armed citizens regularly argue that we may not be able to wait for 911 to save us. Imagine the additional delay that will occur when youGÇÖre hiking in the middle of nowhere! Also, any location that is known to be frequented by tourists would probably be very attractive to criminals. Tourists are generally carrying a lot of money and are unfamiliar with their surroundings. I am certainly not a criminal mastermind. If I can see that this environment makes one more vulnerable to violent attack, I am certain those with less scruples have realized it as well.OK, a couple of things here; first of all, I just do not buy into the notion that muggers and rapists are going to hang out in parks waiting for prey. The author employs an interesting twist and spin, but I just don't see the logic behind his reasoning. Secondly, the whole line about "not being able to wait for 911" just reads to me like you shoot someone down who MAY OR MAY NOT BE threatening your life, and then you call 911 and plead self-defense. Interesting. This argument would never work in the inner-city of Richmond, so I find it border-line hilarious that the author thinks that a sportsman in a park should be given a special priviledge while a black man on the 1100 block of Main Street would be hauled off to jail quicker than you can say "But they were asking for it!" Additionally, and maybe it's just me, but isn't it a bit frightening to think that guns will be allowed in secluded places where some people may think it is very easy to hide a body? National Parks are open year-round, and in the winter, there may be only a handful of visitors a day. So feasibly, someone could go to the park with their legal firearm, throw on a silencer, shoot someone down and cover the body in leaves (or not) and get the heck outta dodge. Doesn't sound very sane or "common sense Jeffersonian" to me. And what about people that may have some sick animal killing fetish (like our POTUS did when he was young) who would bring their legal gun into a park and go on a chipmunk shooting spree? What about the frightened and antsy gun carrier who shoots an innocent runner because their imagination got the best of them? And LASTLY, and probably what jumped out at me the most, is the plea to call Frist and get this "rushed" through the now lame-duck Republican Congress. THIS is how the Republicans are spending their time and energy? To make sure people can shoot people and animals in a park, hiding behind their "everyone is out to get me" self-defense argument?It is up to those of us that care about the safety of ourselves and our families to get this legislation enacted. Please contact your U.S. Senators and urge them to support this bill. Tell them why it is important to you. Contact Senate Majority Leader Bill Frist and ask him to fast track SB 4057. Spread the word to other gun owners and concealed handgun licensees about this issue.
Well, at last I can say I am not surprised that this is how George Allen is choosing to spend his last few days of employment.
George Allen has no worthwhile ideas. He has no vision. He is totally self-absorbed, as far as I can see, and cannot think of one good original idea that would help mankind.
His proposal is just some silly symbolic sop to his campaign contributors.
I have several comments, not all of which will endear me to gun owners. But bear with me.
1) I find no private right to ownership of firearms in the 2nd Amendment, nor has the Supreme Court to date. Ther has to be some nexus with a militia, which is why a ownership offirearm that could not be used for the militia was not considered something gauranteed. I read the Amendment with an eye on two things - first, the issue of a well-regulated militia, which - people like the "militias" that sprung up in the past few decades not withstanding - means a militia under government control.
Second, I note the use of the collective, the people's right, as also pointing in this direction. I would think that some of the more conservative interpreters who insist on plain text interpretation get hoist by their own petard on this item. Constrast this with the 5th Amendment which says that no person shall be denied life, libertyb or property without due process of law. That is clearly an individual right.
2) That said, I would allow some private ownership of firearms under the doctrine of unemurated rights as stated in the 9th Amendment. We have to remember the 9th Amendment exists because Madison was originally opposed to a Bill of Rights because he was afraid that were we to list rights some would argue that any right not specifically enumerated was not guaranteed. Now, the right to marital privacy as established in Griswold does not specifically reference the 9th Amendment, but Roie v Wade does,which makes some pro-gun conservative very uncomfortable about relying upon it.
3) If we require a demonstrated ability to safely operate a motor vehicle before licensing someone to do so, I think it not unreasonable that a person be licensed for firearms similarly. And as we require a specific license to operate a tractor-trailer or drive commercially carrying others for profit, methinks similar licensing for firearms with sepcificity is also warranted. Thus I would require anyone who wishes to own operable firearms to be able to demonstrate two things (a) that they can break down and reassamble into basic groups any firearm for which they are licensed, for if they cannot, they cannot properly clean and maintain the weapon; and (b) they can demonstrate some minimal level of accuracy in use the use of the weapon - I worry that we will have people who are legally blind having no idea at what they are firing.
Of course, I kept this to myself during the campaign.
I do not like the idea of people who may not know what they are doing wandering parks with firearms. Hunting is not allowed in national parks, and if the issue is one of safety, to me it makes more sense to hire more park rangers to provide it. But then that's me.
I have no trouble going hiking in forests and parks, even off trail. My only worry is to remember to bring a walking stick, because I do remember one close encounter with a 3.5 foot timber rattler in the Joyce Kilmer forest when we were a good hour above the parking lot - had either of us been bitten the consequences could have been quite severe.
While there's a low chance of danger from wildlife (bears and other dangerous critters), I'd say they are a much more reasonable argument to carry than rapists and muggers.
I can add to this - they were afraid of getting food poisoning at a local eatery. They were much more comfortable eating at McDonalds.
I suppose what this comes down to is that people fear the unknown. If all you know is a city, then you have no idea what dangers lurk out there. All they know is what they see on TV - all of those sensationalized things, or maybe they had just seen Deliverance.
If you have lived in a rural area, then you have a better idea of what life is like out there, and what the dangers are (if any).
For that matter, how many people have seen a bear in the wild? If you give guns to city slickers who are hiking in the woods, how many would just open fire if they saw a bear?
It's a difficult issue. I think there are plenty of people already running around in the woods armed. They're just escaping notice.