[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5646 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5646
To protect the second amendment rights of individuals to carry firearms
and ammunition in units of the National Park System and the National
Wildlife Refuge System and to require that hunting activities be a land
use in all management plans for Federal land to the extent that such
use is not clearly incompatible with the purposes for which the Federal
land is managed.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2008
Mr. Broun of Georgia (for himself, Mr. English of Pennsylvania, Mr.
Hensarling, Mr. Bilbray, Mr. Burton of Indiana, Mr. King of Iowa, Ms.
Fallin, Mr. Miller of Florida, Mr. David Davis of Tennessee, Mrs.
Musgrave, Mr. Gingrey, Mr. Goode, and Mr. Garrett of New Jersey)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To protect the second amendment rights of individuals to carry firearms
and ammunition in units of the National Park System and the National
Wildlife Refuge System and to require that hunting activities be a land
use in all management plans for Federal land to the extent that such
use is not clearly incompatible with the purposes for which the Federal
land is managed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Second Amendment and
Hunting Rights on Federal Lands Act of 2008''.
SEC. 2. POSSESSING OR CARRYING FIREARMS AND AMMUNITION IN UNITS OF THE
NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE
SYSTEM.
(a) Findings.--Congress finds the following:
(1) The second amendment to the Constitution of the United
States provides that ``the right of the people to keep and bear
Arms, shall not be infringed''.
(2) People in the United States use firearms over 2,000,000
times a year for self-defense.
(3) States that have enacted legislation expanding the
rights of residents to use firearms for self-defense have
witnessed a decrease in firearm-related crime.
(4) As of the date of enactment of this Act, Federal
regulations generally prohibit persons from possessing firearms
in units of the National Park System and the National Wildlife
Refuge System.
(5) The regulations described in paragraph (4) often
prevent an individual complying with Federal and State laws
from exercising such individual's second amendment rights while
in units of the National Park System or the National Wildlife
Refuge System.
(6) Laws relating to the transportation and possession of
firearms in units of the National Park System and the National
Wildlife Refuge System are often different than the laws of the
State such units of the National Park System or the National
Wildlife Refuge System are located in, entrapping otherwise
law-abiding gun owners while in units of the National Park
System and the National Wildlife Refuge System.
(7) Federal law should clarify that the second amendment
rights of an individual in a unit of the National Park System
or the National Wildlife Refuge System will not be infringed.
(b) Protecting the Right of an Individual To Keep and Bear Firearms
and Ammunition in Units of the National Park System and the National
Wildlife Refuge System.--No Federal regulation shall restrict any
individual from possessing or carrying a firearm or ammunition if that
restriction is based in whole or in part upon the fact that the
individual is in a unit of the National Park System or the National
Wildlife Refuge System.
SEC. 3. HUNTING ON FEDERAL LAND.
(a) Purpose.--The purpose of this section is to require that
hunting activities be a land use in all management plans for Federal
land to the extent that such use is not clearly incompatible with the
purposes for which the Federal land is managed.
(b) Hunting Allowed Unless Incompatible.--When developing or
considering approval of a management plan (or any amendment to such a
management plan) for any Federal land, the head of the agency with
jurisdiction over such Federal land shall ensure that hunting
activities are allowed as a use of such land to the extent that such
use is not clearly incompatible with the purposes for which the Federal
land is managed.
(c) Publication of Reasons for Not Allowing Hunting.--If hunting
activities are not allowed or are restricted on Federal land, the head
of the agency with jurisdiction over such Federal land shall include in
the management plan for that Federal land the specific reason that
hunting activities are not allowed or are restricted. Allowing contract
or quota thinning of wildlife shall not constitute allowing
unrestricted hunting. For the purposes of this subsection, a fee
charged by any entity related to hunting activities on Federal land
under the jurisdiction of the Secretary that is in excess of that
needed to recoup costs of management of the Federal land shall be
deemed to be a restriction on hunting.
(d) Fees.--Fees charged related to hunting activities on Federal
land shall be--
(1) retained by the head of the agency with jurisdiction
over such Federal land to offset costs directly related to
management of hunting on the Federal land upon which hunting
activities related to the fee are conducted; and
(2) limited to what the Secretary reasonably estimates to
be necessary to offset costs directly related to management of
hunting on the Federal land upon which hunting activities
related to the fee are conducted.
(e) Definitions.--In this Act:
(1) Hunting.--The term ``hunting'' includes hunting,
trapping, netting, and fishing.
(2) Management plan.--The term ``management plan'' shall
include a management plan, management contract, or other
comprehensive plan for the management or use of Federal land.
(f) Applicability.--This section shall apply to all management
plans developed, approved, or amended after the date of the enactment
of this section.
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