36 C.F.R. § 2.4

Weapons, traps and nets

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(a) None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park 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 National Park System unit is located.

(b)(1) 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

(2) Weapons, traps or nets may be carried, possessed or used:

(i) At designated times and locations in park areas where:

(A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter;

(B) The taking of fish is authorized by law in accordance with § 2.3 of this part.

(ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations.

(iii) Within a residential dwelling. For purposes of this subparagraph only, the term “residential dwelling” means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home.

(3)(i) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use.

(ii) An individual may carry or possess an unloaded bow or crossbow when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible if:

(A) The individual is not otherwise prohibited by law from possessing the bow or crossbow; and

(B) The possession of the bow or crossbow is in compliance with the law of the State in which the park area is located.

(c) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law.

(d) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited.

(e) The superintendent may issue a permit to carry or possess a weapon that is not otherwise authorized, a trap, or a net under the following circumstances:

(1) When necessary to support research activities conducted in accordance with § 2.5.

(2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use.

(3) For employees, agents or cooperating officials in the performance of their official duties.

(4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible.

Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and may result in the suspension or revocation of the permit.

(f) Authorized Federal, State and local law enforcement officers may carry firearms in the performance of their official duties.

(g) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited.

(h) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18, 1987; 73 FR 74971, Dec. 10, 2008; 80 FR 36476, June 25, 2015; 83 FR 47073, Sept. 18, 2018]

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1979–2024 · leading case: United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011).

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United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011). · cites it 22× “B: Sean Masciandaro was convicted of carrying or possessing a loaded handgun in a motor vehicle within a national park area, in violation of 36 C.F.R. § 2.4 (b). He challenges his conviction on two grounds: (1) *460 that he was improperly charged under § 2.”

Brady Campaign to Prevent Gun Violence v. Salazar, 612 F. Supp. 2d 1 (D.D.C. 2009). · cites it 3× “30,252 (June 30, 1983), codified at 36 C.F.R. § 2.4 (a)(2). A similar regulation applied to firearms in national wildlife refuges.”

United States v. Otis Lofton, United States of Am. v. Otis Lofton, 233 F.3d 313 (4th Cir. 2000). · cites it 5× “2 (2000); 36 C.F.R. § 2.4 (2000). Lofton’s conviction was affirmed by the district court, see 18 U.”

Chadd Ex Rel. Est. of Boardman v. United States, 794 F.3d 1104 (9th Cir. 2015). · cites it 2× “41 The Court held that the discretionary function exception shields discretionary acts “of the Government acting in its role as a regulator of the conduct of private individuals.”

Kachalsky v. Cnty. of Westchester, 701 F.3d 81 (2d Cir. 2012). “2011) (applying intermediate scrutiny to 36 C.F.R. § 2.4 (b), which prohibits “carrying or possessing a loaded weapon in a motor vehicle” within national park areas), cert.”

Raymond Woollard v. Denis Gallagher, 712 F.3d 865 (4th Cir. 2013). “There, Masciandaro challenged his conviction of carrying or possessing a loaded handgun in a motor vehicle within a national park area, in contravention of since-superseded 36 C.F.R. § 2.4 (b), on the ground that the Second Amendment, as construed in Heller , “guaranteed to him…”

United States v. Masciandaro, 648 F. Supp. 2d 779 (E.D. Va. 2009). · cites it 2× “Appellant, Sean Masciandaro, seeks reversal of his conviction by a United States Magistrate Judge of possession of a loaded weapon in a motor vehicle in a National Park, in violation of 36 C.F.R. § 2.4 (b) (2007) and 16 U.S.C. § 3 .”

United States v. Parker, 919 F. Supp. 2d 1072 (E.D. Cal. 2013). · cites it 3× “Issue As noted, prior to trial of this case, Defendant filed a motion to dismiss Count 1 of the First Amended Complaint charging him with possession of a concealed weapon in violation of 36 C.F.R. § 2.4 (f). (He also challenged, on constitutional grounds, Count 2 alleging…”

Woollard v. Sheridan, 863 F. Supp. 2d 462 (D. Maryland 2012). “Sean Masciandaro was convicted of possessing a loaded handgun in a motor vehicle within a national park, a combination made unlawful at the time by a federal regulation, 36 C.F.R. § 2.4 (b). 638 F.3d at 459 . On appeal, Masciandaro argued that because the Second Amendment…”

Roberts v. United States, 399 F. Supp. 2d 650 (D. Maryland 2005). · cites it 6× “14 , and possession of a weapon in violation of 36 C.F.R. § 2.4 . On February 4, 2004, Roberts was sentenced to one year of probation for each charge (to run concurrently) and a total fine of $270.”

Clark v. City of Shawnee, 228 F. Supp. 3d 1210 (D. Kan. 2017). “36 C.F.R. § 2.4 (b) (“Carrying or possessing a loaded weapon in a motor vehicle, vessel, or other mode of transportation is prohibited”).”

United States v. Davis, 906 F. Supp. 2d 545 (S.D.W. Va 2012). “2011) (rejecting Second Amendment challenge to defendant’s conviction under 36 C.F.R. § 2.4 (b) (possessing a loaded handgun in a motor vehicle within a national park area)); United States v.”

Show all 25 citing cases →

— 36 C.F.R. § 2.4(b) — 1 case

United States v. Turner, 815 F. Supp. 1332 (N.D. Cal. 1993).

— 36 C.F.R. § 2.4(f) — 1 case

United States v. Goebel, 664 F. Supp. 698 (E.D.N.Y 1987).

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