§ 104906. Protection of right of individuals to bear arms

• (a) Congress finds the following:
  • (1) The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”.
  • (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that “except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net”.
  • (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units.
  • (4) The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units.
  • (5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009 —
    • (A) on March 19, 2009 , the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and
    • (B) the new regulations—
      • (i) are under review by the Obama administration; and
      • (ii) may be altered.
  • (6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land.
  • (7) Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed.
• (b) The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if—
  • (1) the individual is not otherwise prohibited by law from possessing the firearm; and
  • (2) the possession of the firearm is in compliance with the law of the State in which the System unit is located.