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VCDL Fights to Extend 2nd Amendment Rights on Federal Lands

Author: Dave Yates
Executive Member, Virginia Citizens Defense League
Election Issue 2008 Vol1 Issue6

In the near future the National Park Service (NPS) will be amending its regulations to decriminalize self defense. It’s about time.

In 2003, members of the Virginia Citizens Defense League (VCDL) began lobbying members of Congress to help get the NPS regulation changed. The NPS rule on firearms is a total practical ban on the possession or carrying of a firearm unless secured in a vehicle trunk.

Most people do not realize that NPS makes it a crime to have a gun, even for off-duty state and local law enforcement officers, licensed citizens or permit holders on federal park lands. NPS is careful not to post this publicly at their park entrance. However, this ban is now in question following the U.S. Supreme Court’s recent ruling that Washington D.C.’s firearms ban was a violation of the Second Amendment to the U.S. Constitution. At first, NPS steadfastly insisted their ban was constitutional and enhanced public safety. They were wrong on both counts.

According to NPS, it administers 79 million acres with another 5.5 million acres not under federal control. Using the former figure, the combined NPS land would make it the fifth largest state in the country with an area of 123,437.5 square miles, placing it just ahead of New Mexico but behind Montana. NPS likes to throw out crime figures that purport to show how safe our national parks are. But these figures ignore the reality that there are few full time NPS “residents” and no “inner city” issues to contend with. In fact, considering the sparse population of NPS land, its crime rate is significantly higher than most states.

In February 2005, VCDL submitted a petition to the Department of the Interior (DOI) to revise the NPS regulations with more than four dozen co-petitioning organizations to “assimilate” the state law where a national park was located. NPS repeatedly stalled, obfuscated and ignored inquiries. The petitioners presented supporting justification for the regulation change to DOI with NPS Morning Reports and newspaper articles detailing hundreds of pages worth of crimes in national parks over a two year period. It was not until December 2006, when under pressure from congressional offices, that DOI reluctantly agreed to consider the VCDL petition. It was then summarily denied in January 2007.

After a nine month FOIA battle with NPS, it finally conceded that it had no evidence to support the claims made in its denial of the VCDL petition. The petitioners submitted a second revised petition in February 2008 that accounted for previous NPS assertions. Finally, in April 2008, DOI published a proposed rule that would allow approximately 25 percent of national park visitors to protect themselves without fear of criminal prosecution.

The DOI proposed rule was obtusely worded so that a person could protect themselves with a firearm in a national park only if the state permitted such protection in its own state parks or analogous lands. The public comments overwhelmingly supported amending the rule using the petitioner’s requested language, not the confusing DOI version. Therefore, in early July, DOI arbitrarily reopened the comment period on the revised NPS regulation. Even then, public comments still favored changing the regulation, but changing it so that all federal lands had the same rule: assimilating the state law.

It is unclear if DOI will assimilate the state law as the petitioners requested, or go off the reservation with its own regulation, which would open up NPS to multiple court challenges. What this saga makes clear, however, is that the National Park Service is a dysfunctional government agency in need of a vast overhaul.

This arduous battle is a fine example of what one motivated and determined group of citizens can do. The Virginia Citizens Defense League stepped up to lead an effort to overturn a federal rule that obliterated the citizens right to self defense on NPS lands. Soon, citizens will at least have the choice to protect themselves in our national parks.

Over the weekend my wife and I were at her grandmother’s house.  We were asked to go through some of the boxes in the basement and see if there was anything we wanted before donating it to Goodwill.  One of the things we found is a renewal from the FCC of William Williams’ General Radiotelephone Operator License. This is my wife’s grandfather.  He worked for the phone company setting up microwave towers for long distance links.  This license should have allowed him to work on those Microwave tower links.  It’s also possible this license is due to his being a pilot.  His son mentioned he had a similar license from when he was a pilot.  Either way it’s neat to find a piece of history like this when you least expect it.

He was also a ham.  My call sign “W9ZEB” was originally his.  Hopefully we’ll find an actual Amateur Radio License from her grandfather W9ZEB.  I would love to have a copy of his original FCC Amateur Radio License from 1951.  I would happily frame that and put it next to my current license.

If you can afford it.  Even if you’ve only got your Technician license. (VHF/UHF only in the US) you should try to buy something like the Yaesu FT-857, and a power supply.

(All prices taken from R&L Electronics in Ohio)

Yaesu FT-857 $739.95
Astron SS30 30a Power Supply $116.95

Now, I know this seems like a LOT of money to spend.  But let me help explain why I make this suggestion.

1.) The FT-857 operates on all HF Bands 160m – 10M  It also operates on 6M, 2M and the 70CM band.  It supports all modes SSB, FM, AM, CW, digital modes on all of the bands.  Which means starting out as a tech, you get all modes 6m, 2m, 70cm.  and as you upgrade to your General you have nothing more to buy.

2.) Even if you’re going to use your radio mobile.  A good power supply is an investment that will last you years.  Will power many radios for you.  And will give you the option of using your shiny new Mobile rig, in the house should you ever want/need to.

Are there reasons to have a dedicated Mobile dual band?  Sure.  But if you can only buy 1 rig don’t you think there’s something to be said for buying a rig that can “do anything”

At local ham fests, you’ll almost certainly find FT-857s used for $500 give or take.

If you’re operating in the house, you will need some coax.  but antennas can be something you build.  My first 2m/70cm antenna was a home made Dual Band J-Pole I built out of Steel All Thread I purchased at a hardware store.  The total cost was maybe $7

Building a 20m Dipole is as simple as hacking apart an old extension cord.  if you tune it properly you will not need an antenna tuner.  This is a great band to get your feet wet in HF once your license allows operation on the HF bands.

If you’re going to operate mobile, I’d recommend purchasing a small dual band antenna for 2m/70cm  and then perhaps a hand full of Ham Stick antennas for the various lower bands.  (even if that means 6m only)  ham sticks average $14-25 each, are monoband, but really, you don’t change HF bands very frequently while on the road.

If anyone has questions regarding my recommendations please feel free to contact me.

73!