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Old January 21, 2009, 08:27 PM   #30
Senior Member
Join Date: May 24, 2005
Location: North Carolina
Posts: 2,695
This may not be politically correct on this forum, but...

I am disappointed by the number of posts, both in this thread and on other forums, in which guns owners react to "news reports" that are misleading or, at best, poorly written. The information necessary to properly assess the news is readily available. Gun owners should be knowledgeable about the legal process if we are to protect our rights.

National Park carry was authorized by a federal regulation that became final on January 9, 2009. There is nothing pending about the regulation that the new administration can stop "by the stroke of a pen."

Final federal regulations cannot be changed by Executive Order. The process for changing federal regulations is detailed and explicit and is contained in the Administrative Procedure Act passed by Congress in 1946.

There are only four ways to change the new National Park carry regulation at this point:

1. The Congressional Review Act gives Congress 60 in-session days to review and reject any new federal regulation. Precisely one new federal regulation has been rejected since this process was enacted in 1966.

2. All federal regulations are based on underlying "enabling" legislation passed by Congress. Congress can amend the existing law to remove the basis for the regulation.

3. Federal regulations can be changed by going through the lengthly and somewhat arduous process required by the Administrative Procedure Act. If the new administration wants to change the new regulation, they can start the public and very transparent process for new rulemaking.

4. The courts can invalidate a federal regulation.

BTW, the new National Park carry regulation did not come about because the Secretary of the Interior had a deep and abiding love for gun owners. The change also did not come about because President Bush wanted to further firearms rights. Rather, a bipartisan majority of the Senate wrote a letter requesting the change - that is when the Secretary of the Interior took notice and things began happening.

Last edited by gc70; January 21, 2009 at 09:56 PM. Reason: rushed off to dinner before I got to item #4
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