# § 104906. Protection of right of individuals to bear arms
**(a)** **Findings.—** 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)** **Protection of Right of Individuals To Bear Arms in System Units.—** 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.
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**Source Credit**: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3168.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 104906 | 16 U.S.C. 1a–7b (relating to National Park System). | Pub. L. 111–24, title V, § 512 (relating to National Park System), May 22, 2009, 123 Stat. 1764. |
In subsection (a)(5)(B)(i), the words “the Obama administration” are substituted for “the administration” for clarity.