SENATE CONCURRENT RESOLUTION NO. 54
(By Senator Love)
Urging the United States Secretary of the Interior to cause the
National Park Service and Fish and Wildlife Service to amend
certain regulations pertaining to the possession and carrying
of loaded firearms on public lands.
Whereas, 36 C.F.R. 2.4 generally prohibits a person from
possessing a loaded firearm on land under the jurisdiction of the
United States National Park Service; and
Whereas, 50 C.F.R. 27.42 generally prohibits a person from
possessing a loaded firearm on land under the jurisdiction of the
United States Fish and Wildlife Service; and
Whereas, These regulations contain no exceptions for carrying
loaded firearms for lawful self-defense purposes in accordance with
the laws of the host state; and
Whereas, These regulations infringe on the rights of
law-abiding gun owners, who wish to transport and carry firearms on
lands owned by the National Park Service and the Fish and Wildlife
Service; and
Whereas, The United States Bureau of Land Management and
National Forest Service permit individuals to carry loaded firearms
on lands under their respective jurisdictions in accordance with
the laws of the host state; and
Whereas, In many parts of the country, the National Park
Service, Fish and Wildlife Service, National Forest Service and
Bureau of Land Management control a patchwork quilt of land
holdings; and
Whereas, Where two or more of these agencies have adjoining
land holdings, individuals may frequently cross jurisdictional
boundaries that trigger different sets of regulations on the
carrying of loaded firearms; and
Whereas, These inconsistencies in firearms regulation on
public lands are confusing, burdensome, and unnecessary; and
Whereas, On December 14, 2007, The Honorable Mike Crapo and 47
other members of the United States Senate sent a letter to The
Honorable Dirk Kempthorne, Secretary of the Interior of the United
States, petitioning the Secretary to initiate a rulemaking process
to harmonize firearms regulations on federal lands by conforming
the regulations of the National Park Service and Fish and Wildlife
Service to the regulations of the National Forest Service and
Bureau of Land Management that permit individuals to carry firearms
on federal lands in accordance with the applicable laws of the host
state for self-defense and other lawful purposes; and
Whereas, West Virginia's two United States Senators have not
signed the Crapo letter; and
Whereas, The West Virginia Legislature strongly believes
law-abiding citizens should not be denied their right to self-defense on public lands by confusing, burdensome and
unnecessary regulations that vary from one agency to another; and
Whereas, The West Virginia Legislature wishes to associate
itself with the Crapo letter; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Secretary
of the Interior to cause the National Park Service and Fish and
Wildlife Service to amend certain regulations pertaining to the
possession and carrying of loaded firearms on public lands; and, be
it
Further Resolved, That the Legislature urges this state's
United States Senators to sign the Crapo letter and urges this
State's Representatives and Senators in Congress to support and
vote for legislative efforts to effect the above-mentioned changes
to 36 C.F.R. 2.4 and 50 C.F.R. 27.42; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to each of this
state's Senators and Representatives in Congress, the United States
Secretary of the Interior, the President and Vice President of the
United States and the Honorable Mike Crapo, United States Senator.
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