CCW In National Wildlife Refuge

[Hawkeye]

So, I e-mailed a few people trying to find out if CCW were allowed in the National Wildlife Refuges in Delaware.  The results were a bit confusing.  Here is the response from Michael Stroeh who is in charge of Delaware's two wildlife refuges.

Mr. Wright:

Thank you for your inquiry regarding the ability to carry concealed firearms on National Wildlife Refuges in Delaware. Your email was forwarded to us from Dave Saveikis. In February of 2010, the U.S. Fish and Wildlife Service announced that the rules governing possession of firearms on National Wildlife Refuges changed as a result of legislation enacted by Congress. This rule change allows an individual to lawfully possess a firearm within the boundaries of a National Wildlife Refuge in accordance with federal, state and local firearms laws.

Visitors with a State issued license to carry concealed firearms are allowed to carry their firearm onto Bombay Hook and Prime Hook National Wildlife Refuges. While possession of a concealed firearm on the Refuges is allowed, possession of a firearm is still prohibited in Federal facilities, such as the Refuge offices and visitor centers, maintenance buildings and other structures.

The law change does not allow visitors to fire or discharge the firearm in any way, brandish the firearm in the view of others, or any other use of the firearm. All other Federal firearms statutes remain unchanged.

The law change does not impact the authorized uses of firearms for hunting on the refuges, nor does it change or expand hunting opportunities on the refuges or exempt hunters from state or federal hunting regulations. Each person who hunts on a National Wildlife Refuge must have the required state license(s) required by the refuge, as well as any permits and/or user fees.

I hope I have answered your question. If you have any further questions please don’t hesitate to call us at the number below.

Sincerely,


Michael Stroeh
Project Leader
Coastal Delaware Refuge Complex
Bombay and Prime Hook NWRs
2591 Whitehall Neck Road
Smyrna, DE 19977

So, apparently you can carry a concealed weapon but you cannot use it for any reason?  I have again written to Mr. Stroeh for a clarification on using a firearm for self defense purposes and I am awaiting a response.

[CMF]

Several months ago, I contacted Bill Jones at Prime Hook NWR in Milton and he also stated the same ruling and did not offer the expanded explanation you received from Michael Stroeh. I read; you can CC, but if you had to defend yourself on the refuge, one would be subjected to wrath of the Federal Government. Ok to shoot a duck but not a perp 
CMF

[SturmRugerSR9]

One never knows when they will be attacked by a berserk bird watcher.

[Hawkeye]

In 2007 the National Park Service reported 8 murders, 43 forcible rapes, 57 robberies and 274 instances of aggravated assault.

[czer]

And what about our beloved county and state parks? Have the new fed legislation touched these areas? As far as I know, it is still a matter of the county/state being out of sinc with federal law, only the county/state regs still state CC is not allowed in the parks...

[czer]

Sorry, I am just now reading the other posts, under state parks, quoting regs by DNREC - not that I understand it all, though.

[CMF]

One needs more protection in the State Parks than NWRs. Those birders in their Prius can be very threatening.
CMF

[Hawkeye]

I received a response from Mr Stroeh. While I appreciate him taking the time to answer my questions he does not exactly say much.

My question to him was:

Would I be right in assuming the one exception to your statement would be that I would be allowed to discharge or brandish the weapon in a legitimate self defense situation as outlined in state or federal law? 

His Response:

You pose a difficult question. The answer may be yes, if after an investigation and it is determined that the situation was indeed a legitimate self-defense. Individuals perceive threats differently and each situation will be different. So each case would have to determined on the merits of the situation and individuals involved. Although we like to think the law is black and white, there are always shades of gray. 

[SturmRugerSR9]

So, is Mr. Stroeh saying that if confronted with what you think is an attack or life threatening situation, you should wait for an investigation, and not defend yourself, until it is deamed by some Gobmnt ofishal that there was or wasn't an iminemt threat?
Bang your dead!

[chriswalrath]

I know this is a late reply.  Just thought I would throw my two cents in on this one.

Looks like we are being told we can carry concealed.  We can defend ourselves if necessary, though that defense will be brought under VERY CLOSE scrutiny.  Just like it would anywhere else, I suppose.  So, as always, if the situation arises, evade WHENEVER possible.  And I was unaware I could carry at PHNWR which I frequent (it is 5 minutes from home).  I'll start carrying from now on.

And you're right.  Never can tell about those pesky lunchbox-driving bird watchers.  They scare me.

[firststatefirearms]

I would be interested in seeing the Law regarding "Brandishing a Firearm".  PA used to try that "Brandishing" threat. 

[Hawkeye]

The law opening up National Parks and National Wildlife Refuges was an amendment added to the Credit Card Accountability bill from 2009.

PUBLIC LAW 111–24—MAY 22, 2009

CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE ACT OF 2009

SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.

(b) PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS
IN UNITS OF THE NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE
REFUGE SYSTEM.—The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System 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 unit of the National Park System or the National Wildlife Refuge System is located.

http://www.gpo.gov/fdsys/pkg/PLAW-111publ24/pdf/PLAW-111publ24.pdf

This law went into effect February 22, 2010.  The Fish & Wildlife news release can be found here:

While the law will change the application of rules regarding possession of firearms, it has no impact on the authorized uses of firearms on National Wildlife Refuges. The law does not allow visitors to fire or discharge the firearms in any way, brandish the weapon in the view of others, or any other use of the firearm. Enforcement of regulations concerning firearms use remains under the purview of the Department of the Interior.

http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=E37DD72E-FB6C-9EBE-6B4F45440EDB35CE

Nothing that I can find here clearly outlines self defense use of firearms on the refuges although plenty can be found on using firearms for defense against a variety of four-legged creatures if you look hard enough.

[chriswalrath]

As in all walks, I merely hope I never have to find out.