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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. 

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

3 SECTION 1. USE OF FIREARMS IN UNITS OF THE NATIONAL 

4 PARK SYSTEM AND THE NATIONAL WILDLIFE 

5 REFUGE SYSTEM. 

6 (a) CONGRESSIONAL FINDINGS.—Congress finds the 

7 following: 


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•S 3499 PCS

1 (1) The Second Amendment to the Constitution 

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

3 bear Arms, shall not be infringed’’; 

4 (2) Section 2.4(a)(1) of title 36, Code of Fed5 eral Regulations, provides that ‘‘except as otherwise 

6 provided in this section and parts 7 (special regula7 tions) and 13 (Alaska regulations), the following are 

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

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

10 trap or net’’; 

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

12 Regulations, provides that, except in special cir13 cumstances, citizens of the United States may not 

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

15 wildlife refuges’’ of the United States Fish and 

16 Wildlife Service; 

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

18 and (3) prevent individuals complying with Federal 

19 and State laws from exercising the second amend20 ment rights of the individuals while at units of— 

21 (A) the National Park System; and 

22 (B) the National Wildlife Refuge System; 

23 (5) The existence of different laws relating to 

24 the transportation and possession of firearms at dif25 ferent units of the National Park System and the 


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1 National Wildlife Refuge System entraps law-abiding 

2 gun owners while at units of the National Park Sys3 tem and the National Wildlife Refuge System; and 

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

5 the second amendment rights of an individual at a 

6 unit of the National Park System or the National 

7 Wildlife Refuge System should not be infringed. 

8 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO

9 BEAR ARMS IN UNITS OF THE NATIONAL PARK SYSTEM

10 AND THE NATIONAL WILDLIFE REFUGE SYSTEM.—The 

11 Secretary of the Interior shall not promulgate or enforce 

12 any regulation that prohibits an individual from pos13 sessing 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 the firearm; and 

18 (2) the possession of the firearm is in compli19 ance with the law of the State relating to the posses20 sion of a firearm in a State park, State wildlife ref21 uge, or similar unit of State land in the State in 

22 which the unit of the National Park System or the 

23 National Wildlife Refuge System, or that portion 

24 thereof, is located. 


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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 


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