Justice Department Defends Last-Minute Bush Rule on Guns

In the waning days of his Administration, President Bush finally enacted a rule allowing loaded firearms in national parks and wildlife refuges. The usual suspects freaked out and sued. Now, Obama's Justice Department is defending the rule.

The three groups seeking to overturn the rule -- the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association and the Coalition of National Park Service Retirees -- have argued that the Bush administration violated several laws in issuing the rule, such as failing to conduct an adequate environmental review under the National Environmental Policy Act. They also argue that the new policy could deter some visitors, such as school groups, from visiting national landmarks.
In its reply, the Justice Department wrote that the new rule "does not alter the environmental status quo, and will not have any significant impacts on public health and safety."

It looks like this one is headed for the courts.

Posted by: Gabriel Malor at 12:23 PM

Comments

1 It's unbelievable that they didn't quash this. However, I doubt it will stand in court anyway, and they probably didn't think so either. The president can officially only clarify laws, he can't make new ones.

Posted by: cranky-d at February 17, 2009 12:29 PM (kt4mn)

Wildlife = claws, fangs, venom.

Me = fingernails, teeth, saliva.

Anyone see the disparity?

The only thing that makes it fair is a firearm. I don't go camping without one, rules be damned.

Posted by: BackwardsBoy at February 17, 2009 12:31 PM (ZGhSv)

3 "....failing to conduct an adequate environmental review..."

Uh, if I have to FART in a national park, is an "environmental review" required?
Just asking.

Will we ever see the day when courts see bullshit like this, and simply dismiss it with a curt "piss off, asshole".

Posted by: GarandFan at February 17, 2009 12:33 PM (237hA)

OT This dude was in charge of Catholics for Kerry and a huge BO supporter

Wednesday, January 14, 2009

COLUMBUS — Gov. Ted Strickland's former director of faith-based initiatives faces seven felony prostitution charges, including some involving minors, according to Franklin County Jail records.

Robert Eric McFadden, 46, of Dublin, was arrested by Columbus police on Wednesday, Jan. 14.

"Obviously, this is a very sad, shocking and appalling situation," said Keith Dailey, Strickland's press secretary.

Franklin County Prosecutor Ron O'Brien said police believe McFadden operated and promoted a prostitution ring run through Craigslist, an online buying, selling and swapping service.

Posted by: outraged at February 17, 2009 12:34 PM (penCf)

adequate environmental review

The three most dangerous words in the English language. They translate as "we lefties always get what we want".

Posted by: flenser at February 17, 2009 12:35 PM (KNe5M)

6 That probably deserves a flashing skull.

On the subject matter at hand, the usual suspects will raise hell of course, but the measure was pure common sense. The backcountry of Grand Staircase-Escalante National Monument isn't the same as carrying into the Dept. of Agriculture headquarters.

Posted by: Techie at February 17, 2009 12:37 PM (906oR)

"Wildlife = claws, fangs, venom.

Me = fingernails, teeth, saliva.

Anyone see the disparity?"

Sounds like it does, indeed, alter the "environmental status quo" after all.

Seriously. "Environmental review?" I didn't realize that firearms were now a significant factor in global warming. Or maybe they mean all of the lead from the bullets that will go leaching into the groundwater. Because guns always mean bullets left behind as we declare open season on every living creature. All those bullets that will unquestionably be fired willy-nilly. And all the litter from the spent, ejected cases, Moon-Pie wrappers and empty cans of RC Cola.

Environmental review...

Posted by: reason at February 17, 2009 12:39 PM (V40IZ)

Wildlife = claws, fangs, venom.

Me = fingernails, teeth, saliva.

Anyone see the disparity?

Oh, I am SO stealing that.

I don't worry much about wildlife when I'm camping/hiking, largely because of location.

Two-legged predators with opposable thumbs are another thing entirely.

Posted by: IllTemperedCur at February 17, 2009 12:42 PM (i8cCq)

I am sure they will court-shop for the appropriate judge, in the appropriate district but the tough part will be coming up with someone who was actually "harmed".

They will have to find a real good judge for that one. It's kinda tough to find someone who is "harmed" by giving them too much freedom.

Posted by: Vic at February 17, 2009 12:43 PM (f6os6)

10
The main posts are rivaling the sidebar blurbs in quality.

This blog is on life-support.

Posted by: Darling at February 17, 2009 12:44 PM (7AD1r)

The president can officially only clarify laws, he can't make new ones.

There is a HUGE difference in a law passed by Congress and a regulation issued by a bureaucrat in the executive dept. Bush can have regulations changed all he wants as long as it does not counter an actual law passed by congress that has gone into effect.

Posted by: Vic at February 17, 2009 12:46 PM (f6os6)

They also argue that the new policy could deter some visitors, such as school groups, from visiting national landmarks.

That is a legal arguement?

Posted by: AndrewsDad at February 17, 2009 12:46 PM (C2//T)

13 Yes, I'm sure schoolchildren will stay away from Yellowstone in droves because someone might be carrying a piece back somewhere in the Firehole Basin.

How did this apply to parks and such in Alaska? I wouldn't go into the Alaskan backcountry unarmed at all.

The natives certainly don't.

Posted by: Techie at February 17, 2009 12:48 PM (906oR)

14 "...but the tough part will be coming up with someone who was actually "harmed".

That hasn't stopped them before. The ACLU pontificates about the onerous task of using the e-verify system to check the validity of employee SSAN's. They have yet to produce one employer who says they just can't get around to it. So far it's still a "theory". "Theory", that's liberal nuance for "Hey, I just throw shit against a wall and hope some of it sticks". So far we've lacked any judges with common sense who can just say "Bullshit, counselor, now what else have you got - before I lose patience and throw your sniveling ass out of my courtroom?"

Posted by: GarandFan at February 17, 2009 12:50 PM (237hA)

Laws are not force fields.

Just ask Virginia Tech.

Posted by: Circa (Insert Year Here) at February 17, 2009 12:51 PM (B+qrE)

16 I'd like to take a load of high school kids to a venue where a bunch of adults are carrying, concealed or otherwise. Might teach the insolent fuckers a real life lesson about being courteous. But that's just me......

Posted by: pendjo grande at February 17, 2009 12:52 PM (PXZI9)

17 How did this apply to parks and such in Alaska? I wouldn't go into the Alaskan backcountry unarmed at all.

The natives certainly don't.

I knew Alaskans who carried .44mags as bear medicine while cross-country skiing in Anchorage city parks.

Of course, it helps that Alaska has sane, constitutional gun laws, including a near-mirror image of Vermont carry.

Posted by: IllTemperedCur at February 17, 2009 12:54 PM (i8cCq)

Someday, somewhere, an innocent hiker will be attacked by a wild animal. Someone else will save the hiker with a well-placed shot.

Now that's a legal theory I can believe.

Posted by: BackwardsBoy at February 17, 2009 12:55 PM (ZGhSv)

19 The article makes it pretty clear (to me) that the rule will be overturned shortly.

This will probably be what they will term 'bipartisanship'. Allow something to continue while it's 'being studied', and then outlaw it.

Posted by: t-bird at February 17, 2009 12:58 PM (FcR7P)

20 @18, One can only hope the person attacked is a libtard. Bite some sense into them. Who said, "A liberal is a conservative that has not been mugged" ?

Maybe it should be, "A liberal is a conservative that has not been mauled"

Posted by: MikeH at February 17, 2009 01:18 PM (LdYLm)

Darling has most definitely lost her mojo.

Posted by: Anonymous Interwebs Comment Guy at February 17, 2009 01:21 PM (wgLRl)

@20

"A conservative is a liberal who has been mugged." Don't know the author.

Posted by: BackwardsBoy at February 17, 2009 01:25 PM (ZGhSv)

The Virginia Tech campus is a gun free zone. The Columbine school is a gun free zone. Thurston High School is a gun free zone too. Anybody see a connection here?

Posted by: Lemmiwinks at February 17, 2009 01:27 PM (5GNS+)

24 Clearly this post has something to do with gay's and prop 8 since it was written by Gabe.

Posted by: Darling's Thinking at February 17, 2009 01:31 PM (Lrsi6)

"Someday, somewhere, an innocent hiker will be attacked by a wild animal. Someone else will save the hiker with a well-placed shot."

Six weeks later, the bearbait will sue the everloving pants off of the gun-owner for permanent psychological damages after having to witness the death of one of Mother Gaia's beautiful creatures die in his arms. Nightmares of those huge, brown bear-eyes, and the mix of pain and confusion contained within them, will haunt him forever. "Are we still so deluded to think that our lives are any more valuable than theirs?" soundbytes will air nationwide.

Bearbait will win.

Sorry. I woke up on the jaded side of the bed this morning.

Posted by: reason at February 17, 2009 01:36 PM (F26eZ)

26 Wildlife = claws, fangs, venom.

Dude, I live in Florida. Most of our flora and fauna will either try to bite you, stab you, sting you, or eat you.

If you're really unlucky, it'll try to sleep with you.

Posted by: I R A Darth Aggie at February 17, 2009 01:44 PM (1hM1d)

27 Remember the 'naturalist' who lived among the bears in Alaska? The bears ate him.

Posted by: GarandFan at February 17, 2009 01:46 PM (237hA)

The ACLU pontificates about the onerous task of using the e-verify system to check the validity of employee SSAN's

And they still haven’t gotten anywhere in court. Here is the rub though. Suppose they do start dragging up these bogus cases like the one they went to court with over the Patriot Act with no proof of harm. The task then falls on the justice department to defend the case.

If the Bominites decide that they really don’t like the guns in the park they will just capitulate and poof, instant case law whether the ACLU ever had a real case or not.

Posted by: Vic at February 17, 2009 02:10 PM (f6os6)

29 Remember the 'naturalist' who lived among the bears in Alaska? The bears ate him.

Don't fuck with Mother Nature, for thou art tasty and biodegradable.

Posted by: IllTemperedCur at February 17, 2009 02:19 PM (i8cCq)

This should bring a halt to those "campers" who bring their parents' speakers with them, flip off complainers, and keep everybody else up until they pass out.

An armed society is a polite society.

Posted by: Michael Rittenhouse at February 17, 2009 02:24 PM (2QFX4)

COLUMBUS — Gov. Ted Strickland's former director of faith-based initiatives faces seven felony prostitution charges, including some involving minors, according to Franklin County Jail records.

Robert Eric McFadden, 46, of Dublin, was arrested by Columbus police on Wednesday, Jan. 14.

"Obviously, this is a very sad, shocking and appalling situation," said Keith Dailey, Strickland's press secretary.

Franklin County Prosecutor Ron O'Brien said police believe McFadden operated and promoted a prostitution ring run through Craigslist, an online buying, selling and swapping service.

Just think -- if only this guy had declared a political party affiliation of some kind, all of this illicit depravity could have been avoided.

Posted by: VJay at February 17, 2009 02:28 PM (gQ+XA)

I don't give a flying fuck what the court says. If I'm in the woods I'm carrying a sidearm, preferably a semi-automatic rifle if concealed carry is not an issue.

Maybe a couple of leftist needs to get mauled by a wild animal (and yes, savage humans count) during their on-site "environmental review" before they get the picture.

If not, they can always try enacting legislation against the bears and mountain lions. Maybe a restraining order or possibly a ceast and desist letter? Just thinking out loud here...

Posted by: LC at February 17, 2009 03:17 PM (Aaoov)

33 What a relief, now all those pot growers in Northern CA can go back to protecting themselves.

Posted by: Big Swede at February 17, 2009 03:35 PM (1EZ8w)

Just think -- if only this guy had declared a political party affiliation of some kind, all of this illicit depravity could have been avoided.

I'm betting McFadden is a Dem. Governor Strickland is a Liberal's Lib. Prosecutor O'Brien is a Conservative and Dublin leans Democrat.

What the fuck is going on anyway? St. Paddy's Day is still a month away!

Posted by: ErikW at February 17, 2009 07:34 PM (hKtiw)

I've been fortunate enough to visit Yellowstone National Park twice and both experiences were amazing.

I plan on visiting the park again and when I do, I will be armed. There are signs all over the park warning of grizzly bear attacks and bison's using their horns to gore people.

Did you know bison stand at 8 feet? Scary as fuck when they're staring you down. Especially when you're in a Chevette.

Posted by: ErikW at February 17, 2009 08:48 PM (hKtiw)

36 The Obama DoJ is defending Bush's rule change? Well, credit where credit is due. Good. Ironically, the stupid prohibition was first put in under Reagan's USDI.

I go hiking every year in the Grand Teton area. The national park borders the national forest. In the national forest, your gun is legal. Hike over the mountain into the NP, and the little friend in your backpack makes you a criminal. Absurd. And you know what, I haven't given a shit about it for years. The NPS never knew I had my gun in my pack, and fuck them if they can't deal with a very reasonable return to the old policy.

Posted by: stace at February 17, 2009 09:17 PM (g/wgk)

"McFadden formerly served as director of the Faith-Based and Community Initiatives office under Gov. Ted Strickland. He was transferred to a job with the state prisons department in 2007 and laid off in March 2008 due to budget cuts."

The Toledo Blade did carry the story in Jan., but it wasn't much longer than this, and was not front-page news. I guess this is just a warning to us all what budget cuts will do.

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