Text: H.R.5523 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (06/15/2010)


111th CONGRESS
2d Session
H. R. 5523


To protect the right of individuals to bear arms on Federal lands administered by the United States Forest Service and the Bureau of Land Management.


IN THE HOUSE OF REPRESENTATIVES

June 15, 2010

Mr. Rehberg (for himself, Mr. Bishop of Utah, and Mr. Broun of Georgia) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To protect the right of individuals to bear arms on Federal lands administered by the United States Forest Service and the Bureau of Land Management.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; findings.

(a) Short title.—This Act may be cited as the “Firearms Freedom on Federal Lands Act”.

(b) Findings.—Congress finds the following:

(1) Section 512 of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Public Law 111–24) prevents the Secretary of the Interior from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm in any unit of the National Park System or the National Wildlife Refuge System when certain conditions are met.

(2) The Secretary of Agriculture is not statutorily prevented from promulgating or enforcing regulations that prohibit an individual from possessing a firearm on Federal lands administered by the United States Forest Service.

(3) The Secretary of the Interior is not statutorily prevented from promulgating or enforcing any regulation that prohibits an individual from possessing a firearm on Federal lands administered by the Bureau of Land Management.

(4) The Antiquities Act of 1906 (16 U.S.C. 431–433) authorizes the President to designate National Monuments under the jurisdiction of the Department of Agriculture and the Department of the Interior.

(5) The Antiquities Act of 1906 (16 U.S.C. 431–433) does not expressly prohibit the President from restricting the legal possession of firearms through Executive orders establishing National Monuments.

(6) The Second Amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed.”.

SEC. 2. Protecting the right of individuals to bear arms on Federal lands administered by the Forest Service and BLM.

(a) In general.—The Secretary of Agriculture and the Secretary of the Interior shall not promulgate or enforce any regulation or Executive order, including Presidential declarations authorized under the Antiquities Act of 1906 (16 U.S.C. 431–433), that prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any unit administered by the United States Forest Service or the Bureau of Land Management, 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 unit of the National Forest System or the Bureau of Land Management is located.

(b) Statutory construction.—Nothing in this Act shall be construed—

(1) as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping, and recreational shooting on public land managed by the Department of Agriculture or the Department of the Interior; or

(2) as limiting access for hunting, fishing, trapping, or recreational shooting.