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Obama Administration Agrees To Halt Rule Allowing Guns In National Parks
Apr 17, 2009
Washington, DC – In response to lawsuits filed by the Brady Campaign to Prevent Gun Violence and conservation groups, the Obama Administration today agreed to halt a rule implemented days before President Bush left office that allowed loaded, concealed guns in national parks and wildlife refuges. The Obama administration had initially defended the rule in court, before the Brady Campaign prevailed in its motion for a preliminary injunction of the rule.
U.S. District Court Judge Colleen Kollar-Kotelly had temporarily blocked the Bush rule last month and ordered the government to state its plans concerning the rule, finding that the Bush Administration issued the rule in an “astoundingly flawed process” without any environmental analysis as required by federal law. Concealed guns will continue to be barred in the parks and refuges while the government undertakes a full analysis of the severe dangers posed by concealed weapons, to determine whether the Bush rule should be reinstated or permanently withdrawn.
“We are pleased that loaded, concealed guns will continue to be prohibited in our national parks,” stated Brady Campaign President Paul Helmke. “Semiautomatic weapons have no place in the valleys of Yellowstone, on the cliffs of Yosemite, or under the torch of the Statue of Liberty. While the government should be spending its resources attempting to reduce gun violence, rather than wasting resources analyzing this ill-conceived rule, we hope and expect that the Obama administration will conclude that the rule can only make our parks more dangerous and should not be implemented.”
The Brady Campaign is represented by attorneys from the Brady Center to Prevent Gun Violence’s Legal Action Project and the law firm of Ropes & Gray LLP. Ropes & Gray attorney Bruce S. Manheim, Jr. said, “The government apparently recognized that it must fully consider the dangers posed by concealed weapons before deciding whether to allow them in the parks.”
The Brady Campaign filed suit on December 30, 2008, to block the rule. The Bush rule went into effect on January 9, 2009, but Judge Kollar-Kotelly granted an injunction on March 19th, finding that the Bush Administration’s last-minute guns in parks rule was a product of an “astoundingly flawed process,” and that the Brady Campaign was “highly likely to prevail” in showing that the rule was illegal.
The suit was filed on behalf of the Brady Campaign and its members, including school teachers who planned to cancel school trips to Ellis Island and the Statue of Liberty if guns were allowed in these national park areas. The suit charged that the Interior Department violated numerous federal laws in its rush to implement the rule before President Bush left office, including failing to conduct any environmental review of the harm that the rule will cause, as is required by the National Environmental Policy Act.
The rule would have allowed guns in national park areas around the country, from Yellowstone and Yosemite to Independence National Historical Park, home of the Liberty Bell. Rules in place since the Reagan Administration have allowed visitors to transport guns in national parks and wildlife refuges if they are unloaded and stored or dismantled. These restrictions made the parks some of the safest places to visit in the country. The Bush last-minute rule change allowed concealed carrying even in national parks and refuges located in states that specifically ban the practice in state parks.
The government announced its action today in response to the Brady Campaign’s case and a related case brought by the National Parks Conservation Association, the Coalition of National Park Services Retirees, and Association of National Park Rangers filed January 6, 2009.
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As the nation's largest, non-partisan, grassroots organization leading the fight to prevent gun violence, the Brady Campaign, with its dedicated network of Million Mom March Chapters, works to enact and enforce sensible gun laws, regulations and public policies. The Brady Campaign is devoted to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in our communities.
For continuing insight and comment on the gun issue, read Paul Helmke's blog at www.bradycampaign.org/blog/. Visit the Brady Campaign website at www.bradycampaign.org.