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Mtnman1830
03-04-2008, 02:41 PM
Firearms may soon be allowed in national parks

March 4th, 2008 @ 12:04pm
(KSL News) Visitors to national parks may soon be allowed to bring their firearms with them.

The U.S. Department of the Interior agreed to rewrite its regulations, making the possession of firearms legal in national parks.

The move was encouraged by a number of senators who wanted the regulations in national parks to match those in state parks. A letter sent by the senators, including Utah Sen. Orrin Hatch, said the current gun policy governing national parks is "confusing, burdensome and unnecessary."

http://www.ksl.com/?nid=148&sid=2783626

stefan
03-05-2008, 08:09 AM
or maybe not :ne_nau:

as usual, humans are humans. you cannot trust or ensure how they will act.





Judge raps guns in national parks
Casper (WY) Star-Trbiune
Wednesday, February 27, 2008
By TOM MORTON


The criminal killing of an elk underscores the need to restrict the
use of loaded guns in national parks, Chief U.S. District Judge
William Downes said Tuesday.

"You took a magnificent bull elk in a United States park, then
engaged in acts to cover up your crime," Downes said before
sentencing Michael David Belderrain to four years in prison.

"Your case represents a classic public policy answer to the
question: 'Why do we not want to have people with indiscriminate
access to firearms in a national park?'

"And your crime answers that question," he said. "We don't."

Downes' comment at Belderrain's sentencing hearing in Casper
coincides with a growing national debate about the U.S. Department of
Interior's proposed review of a ban on loaded guns in national parks
and lands administered by the U.S. Fish and Wildlife Service.

Supporters have said the ban on loaded guns in national parks
infringes on their Second Amendment rights and their ability to
defend themselves from human and animal predators. Opponents,
including conservation groups and park rangers, have said the ban has
made national parks among the safest places in America.

The ban didn't stop Belderrain.

On Dec. 14, 2005, he killed an elk standing in Gallatin County,
Mont., just outside the Yellowstone National Park boundary,
decapitated it, and dragged the head to his truck inside the park, he
said when he changed his plea on Aug. 22.

He could have faced a sentence of between 30 months and 57 months in
prison. On Tuesday, Belderrain's federal public defender, Daniel
Blythe, described his client as a person who lived a little on the
edge and was impulsive.

On the day of the crime, Blythe said, Belderrain saw the elk walking
and he described it as "a beautiful, wonderful elk."

Downes interrupted, saying, "one of the most notable specimens in
North America in recent years."

Blythe continued, saying his client acted impulsively when he shot
the animal.

Belderrain has a good family, works in a mine and has a good work
ethic, Blythe said.

Before Downes imposed the sentence, Belderrain gave a tearful apology
as he admitted he deprived others of viewing the elk. "I do love
hunting," he said. "That elk, I did take away from the people. I
seen it and I shot it."

Belderrain, 36, has donated more than $50,000 to the Rocky Mountain
Elk Foundation because he wanted to make sure his children have the
same privileges he did, he said.

He finally asked for leniency.

Assistant U.S. Attorney John Barksdale, arguing for a stiffer
sentence, told Downes the defendant was prohibited from possessing
guns and had committed other crimes, including aggravated assault in
Sanders County, Mont., in 1999.

The image of Belderrain as impulsive and on the edge did not excuse
his behavior, Barksdale said. "He's stepped over the line one too
many times."

Downes then imposed the sentence.

After referring to Belderrain's actions as a reason to keep loaded
weapons out of national parks, Downes recounted previous, lightly
punished criminal behavior such as operating an outfitting business
outside the law, alcohol-related crimes, and game and hunting
violations.

That history persuaded him to levy a stiff punishment for the current
counts, he said.

A light sentence would send the wrong message to prospective
offenders that the courts would tolerate committing crimes in a
national park in the district of Wyoming, he said.

"You thought you were above the law," Downes said. "This sentence will
emphatically teach you (that) you are not above the law."

Besides the 48 months for being a felon in possession of a firearm,
and 12 months for the two game violations -- all to be served
concurrently -- Downes ordered Belderrain to pay $6,000 in
restitution to the Yellowstone National Park Service Restitution
Fund, plus a $1,000 fine.

Belderrain has 10 days to file an appeal, and will be able to be on
supervised release during the appeal, and for three years after the
prison term, Downes said.

Conditions of supervised release include committing no other crimes,
not using alcohol or other drugs, not possessing guns, seeking anger
management and mental health counseling, and staying out of national
parks, he said.

After the sentencing, Blythe said he intends to file an appeal with
the 10th U.S. Circuit Court of Appeals in Denver on a double-jeopardy
issue because Belderrain already had pleaded guilty to the same
charges in Montana.

Udink
03-05-2008, 08:29 AM
or maybe not :ne_nau:

as usual, humans are humans. you cannot trust or ensure how they will act.
Haha, nice try, but this guy almost sounds like a career criminal (aggravated assault, felon in possession of a firearm, operating an outfitting business outside the law, alcohol-related crimes, and game and hunting violations). Pointing out that criminals break laws is hardly a justification for such laws. Allowing loaded firearms in national parks would not have made what this guy did legal--he would still have been breaking the law. So I fail to see how this article is relevant to the issue in any manner.