I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Americans 

5 from Violent Crime Act of 2008’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 

8 (1) The Second Amendment to the Constitution 

9 provides that ‘‘the right of the people to keep and 

10 bear Arms, shall not be infringed’’; 

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1 (2) Section 2.4(a)(1) of title 36, Code of Fed2 eral Regulations, provides that ‘‘except as otherwise 

3 provided in this section and parts 7 (special regula4 tions) and 13 (Alaska regulations), the following are 

5 prohibited: (i) Possessing a weapon, trap or net (ii) 

6 Carrying a weapon, trap or net (iii) Using a weapon, 

7 trap or net’’; 

8 (3) Section 27.42 of title 50, Code of Federal 

9 Regulations, provides that, except in special cir10 cumstances, citizens of the United States may not 

11 ‘‘possess, use, or transport firearms on national 

12 wildlife refuges’’ of the United States Fish and 

13 Wildlife Service; 

14 (4) The regulations described in paragraphs (2) 

15 and (3) prevent individuals complying with Federal 

16 and State laws from exercising the second amend17 ment rights of the individuals while at units of— 

18 (A) the National Park System; and 

19 (B) the National Wildlife Refuge System; 

20 (5) The existence of different laws relating to 

21 the transportation and possession of firearms at dif22 ferent units of the National Park System and the 

23 National Wildlife Refuge System entraps law-abiding 

24 gun owners while at units of the National Park Sys25 tem and the National Wildlife Refuge System; and 

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1 (6) The Federal laws should make it clear that 

2 the second amendment rights of an individual at a 

3 unit of the National Park System or the National 

4 Wildlife Refuge System should not be infringed. 

5 SEC. 3. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR 

6 ARMS IN UNITS OF THE NATIONAL PARK SYS7 TEM AND THE NATIONAL WILDLIFE REFUGE 

8 SYSTEM. 

9 (a) IN GENERAL.—Except as provided in section 930 

10 of title 18, United States Code, the Secretary of the Inte11 rior shall not promulgate or enforce any regulation that 

12 prohibits an individual from possessing, transporting, or 

13 carrying a firearm (including an assembled or functional 

14 firearm) in any unit of the National Park System or the 

15 National Wildlife Refuge System if— 

16 (1) the individual is not otherwise prohibited by 

17 law from possessing, transporting, or carrying the 

18 firearm; and 

19 (2) the possession, transportation, or carrying 

20 of the firearm is in compliance with the law gov21 erning possession, transportation, or carrying of fire22 arms in parks of the State in which the unit of the 

23 National Park System or the National Wildlife Ref24 uge System is located. 

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1 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

2 shall be construed to authorize— 

3 (1) the taking of wildlife or fish, except as au4 thorized by the Secretary; or 

5 (2) the discharge of firearms without legal jus6 tification or excuse, except as authorized by the Sec7 retary. 

8 (c) DEFINITION.—For purposes of this Act, the term 

9 ‘‘firearm’’ shall have the meaning given to it in section 

10 921(a)(3) of title 18, United States Code. 

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