View Full Version : You just thought you were gonna get to carry in National Parks
http://news.yahoo.com/s/nm/20090121/pl_nm/us_obama_regulations
30 cal slut
01-21-09, 06:37
national parks carry went into effect January 9.
the article refers to directives regarding pending rule changes.
Someone correct me if I am wrong. This went into effect as of 09 JAN 09 which means it has already been entered into the registry, which means it is now policy. If I am wrong someone let me know.
WASHINGTON (Reuters) – President Barack Obama's new administration ordered all federal agencies and departments on Tuesday to stop any pending regulations until they can be reviewed by incoming staff, halting last-minute Bush orders in their tracks.
"This afternoon, White House Chief of Staff Rahm Emanuel signed a memorandum sent to all agencies and departments to stop all pending regulations until a legal and policy review can be conducted by the Obama administration," the White House said in a statement issued just hours after Obama took office.
The review is a tool commonly used by a new administration to delay so-called "midnight regulations" put in place by a former president between the election and Inauguration Day.
Midnight regulations have been heavily used by recent former presidents, including the Democrat Bill Clinton, Republican George H. W. Bush, and most recently, the Republican George W. Bush.
Controversial late rules by the outgoing Bush administration include allowing the carrying of concealed weapons in some national parks and prohibiting medical facilities from receiving federal money for discriminating against doctors and nurses who refuse to assist with abortions or dispense contraceptives based on religious grounds.
Federal law requires a 60-day waiting period before any major regulatory changes become law, so some presidents try to publish new major regulations to ensure they go into effect before the new president's inauguration on January 20.
(Reporting by Tabassum Zakaria; Editing by Patricia Zengerle)
Read that earlier on another forum I frequent.
Read that earlier on another forum I frequent.
The 60 day thing is what threw me off. I am assuming that the 60 period is after Jan 09.
Am I right in this thinking?
I don't think so. According to everything I have read, and everything put out by the VCDL which was one of the groups heavily involved in that project, it's legal to carry in national parks RIGHT NOW - it's not "pending" in any way, shape or form.
Gutshot John
01-21-09, 07:40
The 60 day thing is what threw me off. I am assuming that the 60 period is after Jan 09.
Am I right in this thinking?
Actually the 60 day clock should have started whenever the Bush Administration proposed the change.
The article is a little unclear. A proposed rule must be published in the Register for at least 30 days to allow public comments before it becomes final. The 60 days is to allow Congress to review all proposed regulatory changes under the CRA. I thought that this process is before the finalization.
My only question is why the Bush Administration waited until the last few months before putting this regulation into effect to begin with.
He might still be able to stop it using the Congressional Review Act (which allows review ONLY of recently-passed regulations) - with the help of the majorities in BOTH houses of Congress (this is from AP today):
By JENNIFER LOVEN
"WASHINGTON (AP) - One of President Barack Obama's first acts Tuesday was to put the brakes on all pending regulations that the Bush administration tried to push through in its waning days. . . .
........................................
Another Bush administration regulation that went in effect this month overturned a 25-year-old federal rule that severely restricts loaded guns in national parks.
For rules that have already gone into effect, the Democratic-controlled Congress might be able to help the Obama administration by using the Congressional Review Act, a legislative tool to bring new federal regulations under scrutiny."
http://apnews.myway.com/article/20090121/D95R9D202.html
This might be ( maybe ) a case of a newsie who drank too much Brady Bunch koolaid. Most of the media coverage on the new rules were just cut & paste from Brady press releases. They made it sound like a last minute exec order thing. Not true --the process took around a year.
If ( big if ) the new crew tries to throw this out without going thru the standard procedure, they will stir up some serious opposition.
The fact is the DOI thought this was "common-sense". I am allowed to carry on a state route in a state or regional park, but if that road happens to cross over to a National Park/Forest on the same road in the same state, suddenly I am an "outlaw/criminal".
It was stupid beyond belief, and finally, the bureaucrats at the DOI recognized the stupidity of it. It wasn't Bush, or any one person...
Gutshot John
01-21-09, 09:42
He might still be able to stop it using the Congressional Review Act (which allows review ONLY of recently-passed regulations) - with the help of the majorities in BOTH houses of Congress (this is from AP today):
Actually it's a little bit different. He or his administration can change the rule anytime it wants. Regulatory bodies fall under the Executive branch. The CRA gives Congress 60 days to review any proposed changes by the Executive..
Once that 60 days is done, Congress has no more opportunity to review proposed changes and they take effect. If Obama wants to change it back after this period, then he must start the process all over again including another 60 day period.
If it hasn't taken effect yet, all he needs to do is reverse Bush's rule.
My question still remains, why did Bush let this wait so long to make it a "lame duck" issue.
dwhitehorne
01-21-09, 16:32
I'm no legal expert but my LT sent everyone in my District (George Washington Pkwy) a memo stating that 36 CFR 2.4 had been changed and the state CC laws apply. The reason it took a year from when they proposed it to when it was enacted is the parks had to provide input then the changes have to sit on the Federal Registery for a 6 month comment period before enacted. I think any further changes to the CFR would take the same amount of time. David
Most national parks are too damned expensive for the little day trips I take anyway. They can keep the damn things.
Someone could start and ad campaign pointing out how national parks are gun free zones. That would keep the criminals out.
Most national parks are too damned expensive for the little day trips I take anyway. They can keep the damn things.
Someone could start and ad campaign pointing out how national parks are gun free zones. That would keep the criminals out.
They ain't gun free now...
And there are several NPS sites that have no charge. Such as the one I work at. Feel free to drop by.
Remember also that us employees of the NPS don't get to carry guns of our own. I'm pretty sure that we are prohibited (even with the rule change) and there aren't many viable options for CCW on my body...
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions, Inc. All rights reserved.