By Don Cadden, Contributing Writer

Beginning in late February, people who have current concealed handgun licenses will be allowed to carry their loaded handguns into national parks, just as they are allowed to carry them other places within their state, or states with reciprocity agreements.

In late 2008, the Bush administration amended the current rules to allow permit-holders to carry in parks. A lawsuit stopped this action in March of 2009, and then an amendment (attached to a credit card regulation bill) in May of 2009 again allowed for concealed carry. It was signed into law by President Obama, and will go into effect in February, nine months after the signing.

A little history. Firearms have been regulated in National Parks since 1936. This presented various problems for travelers, and especially for hunters who had to travel through parks going from their homes to hunting areas.

Several changes were made to regulations in the early 1980’s, and the result was that firearms could be carried in parks as long as the ranger at the entering gate was told upon arrival, and the gun was rendered “inoperable” – defined by the NPS as unloaded, cased, and out of sight. This rule pertained to rifles, shotguns and handguns, and all firearms had to be kept inside the vehicle at all times.

What is concealed carry? In the early 1990’s, many states began revising handgun laws that were very confusing. States began issuing concealed handgun licenses based on a defined set of rules that were fair to everyone. (Previously, gun permits were often handled by local officials, and the issuance was not based on a set of specific guidelines, but on whatever that official deemed reasonable. This system was very susceptible to favoritism and discrimination.)

Texas passed its law in 1996, after Governor Ann Richards had vetoed a similar bill during her term. (Many politicos believe this was a major reason for Richard’s defeat in her bid for a second term, and eventually propelled George W. Bush into the Governorship and Presidency.) The passage of this law cleared up a myriad of confusing laws and court case rulings, which previously had Texans unsure of how they could even legally carry a handgun home from the store where it was purchased.

Currently, in order to obtain a Texas Concealed Handgun License, a person must:

*Be at least 21 years old. (Members and former members of the armed forces may be 18.)

*Pass a background check that requires a clean criminal history, including military service and recent juvenile records.

*Not be the subject of a protective order.

*Not have a history of chemical dependency. 

*Not have a history of mental illness.

*Not be delinquent in paying fines, fees, child support, student loans, etc.

*Be eligible to purchase a handgun by completing the required federal check performed on a national law enforcement computer.

*Complete required training.

A comprehensive background check is required, as well as passing a 10-hour course, including both written and shooting tests. Upon being issued the license, the holder may carry a loaded handgun on their person as long as it is not readily visible to the public, and they are not carrying it in a place forbidden by statute.

Nationwide, the results of these “right-to-carry” laws has been a decline in violent crime rates in states issuing licenses. Criminals prey on people that they know they can overpower. Both the real and perceived presence of a means of self defense, via a law allowing responsible citizens to be armed, has proven to be a deterrent to criminals.

Why the need for weapons in parks? According to the Department of Interior, in 2006, there were 11 murders, 35 rapes, 61 robberies, and 261 aggravated assaults in our national parks. These are so called “gun free zones,” which translates to the fact that criminals know that in these places, law-abiding citizens are unarmed and easy targets.

Much has been written about how dangerous parks will be when the new law goes into effect. About how the animals will be more likely to be shot, and poaching will increase. This law has absolutely nothing to do with rifles and shotguns. The old laws still pertain, and these firearms must still be rendered inoperable in national parks. The law only allows concealed handguns, hardly the weapon of choice for shooting big game, and these being carried by persons who have been checked and determined by law enforcement to be trustworthy citizens.

In researching information for this article, I was amazed at the bias and untruths perpetrated in newspaper articles about the new law. Either reporters didn’t do their homework, or they were just plain biased. One article in the Huffington Post quoted Brady Campaign President Paul Helmke as saying, “Families should not have to stare down loaded AK-47’s on nature hikes.” Again, the bill has nothing to do with rifles, and nothing has changed regarding them. And handguns must be out of sight.

Many responsible people feel the need, and believe they have the right under our constitution, to protect themselves and their families. Particularly in a park as large and as remote as Big Bend National Park, campers and hikers are on their own in terms of protection. We have the additional issue here of being located on a border fraught with drug smuggling and murders. Personally, I can’t imagine camping with my family in remote regions of the park without some means of self protection. It’s like driving without a seatbelt. Ninety-nine times out of a hundred I don’t need it, but I still put it on every time I get in my vehicle because I know how important it will be if I do need it.

What does the Department of Interior say? On the DOI website, there is a question and answer section. Here are a few quotes from it:

Q: Aren’t parks safe places? Why allow people to carry concealed firearms?

A: …current statistics show an alarming increase in criminal activity on federal lands managed by DOI, especially in areas close to the border and in lands not readily accessible by law enforcement. We do not believe it appropriate to refuse to recognize state laws simply because a person enters park boundaries…

Q: Won’t visitors and wildlife be endangered by allowing concealed firearms in parks?

A: No. The final rule continues to maintain existing regulatory provisions that prohibit poaching, target shooting, and other illegal use of firearms. We have no reason to believe that law-abiding citizens who carry concealed firearms will disregard these prohibitions. Moreover, the final rule does not affect existing rules limiting the possession of loaded rifles or shotguns.

So, what do the new regulations allow? The new law allows persons that hold a valid concealed carry license in their state, or a state allowing reciprocity, to carry their weapon in the park, just like they can carry it anywhere else in the state. All of the same rules apply as they would outside the park.

Additionally, it is against federal law to carry a firearm into a federal building, so concealed handguns may not be carried into federal park buildings.

Since 1996, licensed citizens have been carrying concealed handguns all over Texas. The “blood running in the streets” and “return to the old west” concerns of the anti-gun contingent have not come to fruition…neither in Texas or any other right-to-carry state. Anyone who has taken the required training course, will probably tell you that they came away from it with the fervent hope that they would never have to use their weapon. If for no other reason, than the legal entanglements that even a self defense shooting involves. One instructor told me, “When you pull that trigger, you’ve spent at least a hundred thousand dollars, even if you’re 100% in the right.”

To carry or not to carry. Well, if you’re not licensed, you’d better not because it’s still against the law. If you’ve ever lain in your sleeping bag, 100 miles away from any kind of law enforcement, and wondered what you would do if confronted by the kind of person that recently raped and beat a young person in Terlingua, then you might want to consider getting a concealed carry license. And more importantly, learn how to properly and safely use your weapon. It is a tool, nothing more.

One other caveat in our region concerns river trips. If you camp on the Mexican side of the Rio Grande, you will be in violation of Mexican law if you have a weapon or ammunition. Even though their gun laws have proven to be a miserable failure in disarming criminals, if caught with a firearm in Mexico, you will be incarcerated.

If you are aghast at the thought or sight of a gun, don’t worry, the key word here is concealed. You are probably in line at the convenience store, or in a restaurant every day with concerned, responsible law-abiding citizens who are armed, and would defend you if the need arose.

On a personal note, the passage of this law is a great relief to me, and many concerned citizens, particularly as it pertains to Big Bend. When we enjoy the vast desolation of the park, we also must be aware that there is very little law enforcement available. Even if you could call for help, it is sometimes hours away. We have the inalienable right as citizens – not subjects – to protect our families and ourselves. This law gives us the legal means to do so.

And even if you are adamantly anti-gun, please teach your children about gun safety. Especially in our part of the country, they are likely to be exposed to a gun at some point when you aren’t there. Take the mystery out of it, and show them that it is like your chainsaw or a kitchen knife, dangerous if misused. Smaller kids should be taught that if they see a gun: Don’t touch it; leave the room immediately; tell an adult.

Don Cadden is a hunter, cowboy poet, landscaper, and maker of some incredible deer meat chili, amongst other things. He lives south of Alpine with his wife, Pam Cook. He recently rode a mountain bike for the first time on the single track trails at Lajitas.