united-states firearms
Is it forbidden to fire a gun in self-defense in a national park?
<p>According to <a href="https://www.yellowstonepark.com/park/faqs/guns-in-yellowstone/" rel="nofollow noreferrer">Yellowstones official website</a>:</p>
<blockquote>
<p>Hunting is strictly forbidden in Yellowstone, as is target practice. <strong>And visitors should not use guns as self-defense against large wildlife</strong>, but rather carry bear spray and take other safety precautions.</p>
</blockquote>
<p>They don't quote any regulations or court cases which raises the question: is it actually illegal to use a gun in self-defense within a National Park? Are there any court cases discussing this, if the question is ambiguous?</p>
<p>P.S. Lets avoid discussing whether or not guns are superior to bear spray for self-defense purposes. See <a href="https://outdoors.stackexchange.com/questions/6987/trail-gun-for-protection-against-bears/8955#8955">this answer</a> on Outdoors.SE for a good overview of the subject.</p>

<p><a href="https://www.nps.gov/yell/index.htm" rel="nofollow noreferrer">Yellowstone</a> is part of the National Park Service. Parts of it are located in Idaho, Montana and Wyoming.</p>
<p>The rules concerning firearms on National Park Service properties are set forth at the <a href="https://www.nps.gov/articles/firearms-in-national-parks.html" rel="nofollow noreferrer">National Park Service website</a>. Some key excerpts from this are as follows:</p>
<blockquote>
<p>In areas administered by the National Park Service, an individual can
possess a firearm if that individual is not otherwise prohibited by
law from possessing the firearm and if the possession of the firearm
complies with the laws of the state where the park area is located. 54
U.S.C. 104906. . . .</p>
<p>Unless expressly authorized, Federal law prohibits the possession of a
firearm or other dangerous weapon in NPS facilities. These buildings
include, but are not limited to, government offices, visitor centers,
ranger stations, fee collection buildings, and maintenance facilities.
18 U.S.C. 930. . . .</p>
<p>Unless authorized, the use or discharge of a firearm within a park
area is prohibited. 36 CFR 2.4(b) and 13.30(c).</p>
<p>In parks where hunting is specifically mandated or authorized by
federal statute, firearms may be used to hunt in accordance with NPS
regulations and state laws. 36 CFR 2.2.</p>
</blockquote>
<p>The referenced statutes state (emphasis added):</p>
<blockquote>
<p><strong>18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities</strong></p>
<p>(a)Except as provided in subsection (d), <strong>whoever knowingly possesses
or causes to be present a firearm or other dangerous weapon in a
Federal facility (other than a Federal court facility), or attempts to
do so</strong>, shall be fined under this title or imprisoned not more than 1
year, or both.</p>
<p>(b)Whoever, with intent that a firearm or other dangerous weapon be
used in the commission of a crime, knowingly possesses or causes to be
present such firearm or dangerous weapon in a Federal facility, or
attempts to do so, shall be fined under this title or imprisoned not
more than 5 years, or both.</p>
<p>(c)A person who kills any person in the course of a violation of
subsection (a) or (b), or in the course of an attack on a Federal
facility involving the use of a firearm or other dangerous weapon, or
attempts or conspires to do such an act, shall be punished as provided
in sections 1111, 1112, 1113, and 1117.</p>
<p>(d)Subsection (a) shall not apply to—</p>
<p>(1)the lawful performance of official duties by an officer, agent, or
employee of the United States, a State, or a political subdivision
thereof, who is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of any violation
of law;</p>
<p>(2)the possession of a firearm or other dangerous weapon by a Federal
official or a member of the Armed Forces if such possession is
authorized by law; or</p>
<p>(3)<strong>the lawful carrying of firearms or other
dangerous weapons in a Federal facility incident to hunting or other
lawful purposes</strong>.</p>
<p>(e)(1)Except as provided in paragraph (2), whoever knowingly possesses
or causes to be present a firearm or other dangerous weapon in a
Federal court facility, or attempts to do so, shall be fined under
this title, imprisoned not more than 2 years, or both.</p>
<p>(2)Paragraph (1) shall not apply to conduct which is described in
paragraph (1) or (2) of subsection (d).</p>
<p>(f)Nothing in this section limits the power of a court of the United
States to punish for contempt or to promulgate rules or orders
regulating, restricting, or prohibiting the possession of weapons
within any building housing such court or any of its proceedings, or
upon any grounds appurtenant to such building. (g)As used in this
section:</p>
<p>(1)The term <strong>“Federal facility” means a building or part thereof owned
or leased by the Federal Government, where Federal employees are
regularly present for the purpose of performing their official duties.</strong></p>
<p>(2)The term “dangerous weapon” means a weapon, device, instrument,
material, or substance, animate or inanimate, that is used for, or is
readily capable of, causing death or serious bodily injury, except
that such term does not include a pocket knife with a blade of less
than 2½ inches in length.</p>
<p>(3)The term “Federal court facility” means the courtroom, judges’
chambers, witness rooms, jury deliberation rooms, attorney conference
rooms, prisoner holding cells, offices of the court clerks, the United
States attorney, and the United States marshal, probation and parole
offices, and adjoining corridors of any court of the United States.</p>
<p>(h)Notice of the provisions of subsections (a) and (b) shall be posted
conspicuously at each public entrance to each Federal facility, and
notice of subsection (e) shall be posted conspicuously at each public
entrance to each Federal court facility, and no person shall be
convicted of an offense under subsection (a) or (e) with respect to a
Federal facility if such notice is not so posted at such facility,
unless such person had actual notice of subsection (a) or (e), as the
case may be. . . .</p>
<p><strong>54 U.S. Code § 104906. Protection of right of individuals to bear arms</strong></p>
<p>(a)Findings.—Congress finds the following:</p>
<p>(1)The 2d amendment to the Constitution provides that “the right of
the people to keep and bear Arms, shall not be infringed”.</p>
<p>(2)Section 2.4(a)(1) of title 36, Code of Federal Regulations,
provides that “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”.</p>
<p>(3)The regulations described in paragraph (2) prevent individuals
complying with Federal and State laws from exercising the 2d amendment
rights of the individuals while at System units.</p>
<p>(4)The existence of different laws relating to the transportation and
possession of firearms at different System units entrapped law-abiding
gun owners while at System units.</p>
<p>(5)Although the Bush administration issued new regulations relating to
the 2d amendment rights of law-abiding citizens in System units that
went into effect on January 9, 2009—</p>
<p>(A)on March 19, 2009, the United States District Court for the
District of Columbia granted a preliminary injunction with respect to
the implementation and enforcement of the new regulations; and</p>
<p>(B)the new regulations—</p>
<p>(i)are under review by the Obama administration; and</p>
<p>(ii)may be altered.</p>
<p>(6)Congress needs to weigh in on the new regulations to ensure that
unelected bureaucrats and judges cannot again override the 2d
amendment rights of law-abiding citizens on 83,600,000 acres of System
land.</p>
<p>(7)Federal laws should make it clear that the 2d amendment rights of
an individual at a System unit should not be infringed.</p>
<p>(b)Protection of Right of Individuals To Bear Arms in System
Units.—<strong>The Secretary shall not promulgate or enforce any regulation
that prohibits an individual from possessing a firearm, including an
assembled or functional firearm, in any System unit if—</strong></p>
<p><strong>(1)the individual is not otherwise prohibited by law from possessing
the firearm; and</strong></p>
<p><strong>(2)the possession of the firearm is in compliance with the law of the
State in which the System unit is located.</strong></p>
</blockquote>
<p>The references regulations in Title 36 of the Code of Federal Regulations state (emphasis added):</p>
<blockquote>
<p><strong>§ 2.2 Wildlife protection.</strong></p>
<p>(a) **The following are prohibited:</p>
<p>(1) The taking of wildlife, except by authorized hunting and trapping
activities conducted in accordance with paragraph (b) of this section.</p>
<p>(2) The feeding, touching, teasing, frightening or intentional
disturbing of wildlife nesting, breeding or other activities.**</p>
<p>(3) Possessing unlawfully taken wildlife or portions thereof.</p>
<p>(b) Hunting and trapping.</p>
<p>(1) Hunting shall be allowed in park areas where such activity is
specifically mandated by Federal statutory law.</p>
<p>(2) Hunting may be allowed in park areas where such activity is
specifically authorized as a discretionary activity under Federal
statutory law if the superintendent determines that such activity is
consistent with public safety and enjoyment, and sound resource
management principles. Such hunting shall be allowed pursuant to
special regulations.</p>
<p>(3) Trapping shall be allowed in park areas where such activity is
specifically mandated by Federal statutory law.</p>
<p>(4) <strong>Where hunting or trapping or both are authorized, such activities
shall be conducted in accordance with Federal law and the laws of the
State within whose exterior boundaries a park area or a portion
thereof is located. Nonconflicting State laws are adopted as a part of
these regulations.</strong></p>
<p>(c) Except in emergencies or in areas under the exclusive jurisdiction
of the United States, the superintendent shall consult with
appropriate State agencies before invoking the authority of § 1.5 for
the purpose of restricting hunting and trapping or closing park areas
to the taking of wildlife where such activities are mandated or
authorized by Federal statutory law.</p>
<p>(d) The superintendent may establish conditions and procedures for
transporting lawfully taken wildlife through the park area. Violation
of these conditions and procedures is prohibited.</p>
<p>(e) The Superintendent may designate all or portions of a park area as
closed to the viewing of wildlife with an artificial light. Use of an
artificial light for purposes of viewing wildlife in closed areas is
prohibited.</p>
<p>(f) <strong>Authorized persons may check hunting and trapping licenses and
permits; inspect weapons,</strong> traps and hunting and trapping gear for
compliance with equipment restrictions; and inspect wildlife that has
been taken for compliance with species, size and other taking
restrictions.</p>
<p>(g) <strong>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</strong>. . . .</p>
<p><strong>§ 2.4 Weapons, traps and nets.</strong></p>
<p>(a) <strong>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:</strong></p>
<p><strong>(1) The individual is not otherwise prohibited by law from possessing
the firearm; and</strong></p>
<p><strong>(2) The possession of the firearm is in compliance with the law of the
State in which the National Park System unit is located.</strong></p>
<p>(b)</p>
<p>(1) Except as otherwise provided in this section and parts 7 (special
regulations) and 13 (Alaska regulations), <strong>the following are
prohibited:</strong></p>
<p>(i) <strong>Possessing a weapon, trap or net</strong></p>
<p>(ii) <strong>Carrying a weapon, trap or net</strong></p>
<p>(iii) <strong>Using a weapon, trap or net</strong></p>
<p>(2) <strong>Weapons, traps or nets may be carried, possessed or used:</strong></p>
<p>(i) <strong>At designated times and locations in park areas where:</strong></p>
<p>(A) <strong>The taking of wildlife is authorized by law in accordance with §
2.2 of this chapter</strong>;</p>
<p>(B) <strong>The taking of fish is authorized by law in accordance with § 2.3
of this part.</strong></p>
<p>(ii) <strong>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.</strong></p>
<p>(iii) <strong>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.</strong></p>
<p>(3)(i) <strong>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.</strong></p>
<p>(ii) <strong>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:</strong></p>
<p>(A) <strong>The individual is not otherwise prohibited by law from possessing
the bow or crossbow;</strong> and</p>
<p>(B) <strong>The possession of the bow or crossbow is in compliance with the
law of the State in which the park area is located.</strong></p>
<p>(c) <strong>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.</strong></p>
<p>(d) <strong>The use of a weapon, trap or net in a manner that endangers
persons or property is prohibited.</strong></p>
<p>(e) <strong>The superintendent may issue a permit to carry or possess a weapon
that is not otherwise authorized,</strong> a trap, or a net under the following
circumstances:</p>
<p>(1) When necessary to support research activities conducted in
accordance with § 2.5.</p>
<p>(2) To carry firearms for persons in charge of pack trains or saddle
horses for emergency use.</p>
<p>(3) For employees, agents or cooperating officials in the performance
of their official duties.</p>
<p>(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.</p>
<p>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.</p>
<p>(f) <strong>Authorized Federal, State and local law enforcement officers may
carry firearms in the performance of their official duties.</strong></p>
<p>(g) <strong>The carrying or possessing of a weapon, trap or net in violation
of applicable Federal and State laws is prohibited.</strong></p>
<p>(h) <strong>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</strong>. . . .</p>
<p><strong>§ 13.30 Weapons, traps and nets.</strong></p>
<p>(a) <strong>Irritant chemical devices, including bear spray, may be carried,
possessed, and used in accordance with applicable Federal and
non-conflicting State laws, except when prohibited or restricted under
§ 13.50.</strong></p>
<p>(b) Paragraphs (d) through (g) of this section apply to all park areas
in Alaska except Klondike Gold Rush National Historical Park, Sitka
National Historical Park and the former Mt. McKinley National Park,
Glacier Bay National Monument and Katmai National Monument.</p>
<p>(c) Except as provided in this section and § 2.4 of this chapter, <strong>the
following are prohibited -</strong></p>
<p>(1) <strong>Possessing a weapon, trap, or net</strong>;</p>
<p>(2) <strong>Carrying a weapon, trap, or net</strong>;</p>
<p>(3) <strong>Using a weapon, trap, or net</strong>.</p>
<p>(d) <strong>Firearms may be carried, possessed, and used within park areas in
accordance with applicable State and Federal laws, except where such
carrying, possession, or use is prohibited or otherwise restricted
under § 13.50.</strong></p>
<p>(e) Traps, bows and other implements (other than firearms) authorized
by applicable State and Federal law for the taking of fish and
wildlife may be carried, possessed, and used within park areas only
during those times when the taking of fish and wildlife is authorized
by applicable law or regulation.</p>
<p>(f) In addition to the authorities provided in paragraphs (d) and (e)
of this section, weapons (other than firearms), traps, and nets may be
possessed within park areas provided such weapons, traps, or nets are
within or upon a device or animal used for transportation and are
unloaded and cased or otherwise packed in such a manner as to prevent
their ready use while in a park area.</p>
<p>(g) <strong>Notwithstanding the provisions of this section, local rural
residents who are authorized to engage in subsistence uses, including
the taking of wildlife under § 13.480, may use, possess, or carry
traps, nets and other weapons in accordance with applicable State and
Federal laws.</strong> . . .</p>
<p><strong>§ 13.50 Closure and restriction procedures.</strong></p>
<p>(a) Applicability and authority. The Superintendent will follow the
provisions of this section to close an area or restrict an activity,
or terminate or relax a closure or restriction, in NPS areas in
Alaska.</p>
<p>(b) Factors. In determining whether to close an area or restrict an
activity, or whether to terminate or relax a closure or restriction,
the Superintendent must ensure that the activity or area is managed in
a manner compatible with the purposes for which the park area was
established. The Superintendent's decision under this paragraph must
therefore be guided by factors such as public health and safety,
resource protection, protection of cultural or scientific values,
subsistence uses, conservation of endangered or threatened species,
and other management considerations.</p>
<p>(c) Rulemaking requirements. This paragraph applies only to a closure
or restriction, or the termination or relaxation of such, which is of
a nature, magnitude and duration that will result in a significant
alteration in the public use pattern of the area; adversely affect the
area's natural, aesthetic, scenic, or cultural values; or require a
long-term modification in the resource management objectives of the
area. Except in emergency situations, the closure or restriction, or
the termination or relaxation of such, must be published as a
rulemaking in the Federal Register.</p>
<p>(d) Written determination. Except in emergency situations, prior to
implementing or terminating a closure or restriction, the
superintendent shall prepare a written determination justifying the
action. That determination shall set forth the reasons the closure or
restriction authorized by paragraph (a) of this section has been
established. This determination will be posted on the NPS Web site at
<a href="http://www.nps.gov" rel="nofollow noreferrer">www.nps.gov</a>.</p>
<p>(e) Restrictions on taking fish or wildlife.</p>
<p>(1) Except in emergencies, the NPS will consult with the State agency
having responsibility over fishing, hunting, or trapping and provide
an opportunity for public comment, including one or more public
meetings near the affected NPS unit, prior to implementing a closure
or restriction on taking fish or wildlife.</p>
<p>(2) Emergency closures or restrictions may not exceed a period of 60
days and may not be extended without following the nonemergency
procedures of this section.</p>
<p>(f) Notice. A list of closures and restrictions will be compiled in
writing and updated annually. The list will be posted on the NPS Web
site at <a href="http://www.nps.gov" rel="nofollow noreferrer">www.nps.gov</a> and made available at park headquarters.
Additional means of notice reasonably likely to inform residents in
the affected vicinity will also be provided where available, such as:</p>
<p>(1) Publication in a newspaper of general circulation in the State or
in local newspapers;</p>
<p>(2) Use of electronic media, such as the internet and email lists;</p>
<p>(3) Radio broadcast; or</p>
<p>(4) Posting of signs in the local vicinity.</p>
<p><strong>(g) Violating a closure or restriction is prohibited.</strong></p>
</blockquote>
<p>While the website notes that &quot;Visitors should not consider firearms as protection from wildlife,&quot; this is advice, rather than a prohibition on using firearms in that fashion. It is a warning that firearms are a poor choice rather than a prohibition on using them for self-defense purposes. Also, if a use of firearms as self-defense against wildlife is determined to be unjustified, the park visitor might be charged with hunting without a permit.</p>
<p>The state gun control laws in the pertinent states are summarized as follows (by the <a href="https://www.hcn.org/issues/47.22/guns-what-are-your-states-gun-laws" rel="nofollow noreferrer">High County News</a> newspaper) (apologies for the small print):</p>
<p><a href="https://i.stack.imgur.com/l3Luy.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/l3Luy.png" alt="enter image description here" /></a></p>

<p>As was pointed out, should/should not has a legal meaning of &quot;we advise&quot; and if the situation of using a gun to defend against wild life was in fact illegal, the phrase &quot;May Not&quot; or &quot;Shall Not&quot; which in legal matters, parse a lot stronger as to the illegal nature of the action than &quot;Should Not&quot;, which tends to parse as &quot;we would prefer it if you did not do this, but you're not acting criminally if you do&quot;.</p>
<p>In effect the highlighted portion and all parts following that are advisory notices from the park about best practices for avoiding animal attacks.  However, if you got to shoot the bear to protect your family and the pick-a-nick basket, you can... but the park rangers will greet you with a frowny face.   The preceding line about hunting is actually a legal ban and probably the advisory is placed close to it to show that a self-defense situation may look like &quot;poaching&quot; when the ranger catches you, and letting you know you're essentially in the same scenario Tony Stark was in when Pepper walked in on him trying to get the suit off.  It won't look good.</p>
