Is it forbidden to fire a gun in self-defense in a national park? According to Yellowstones official website: Hunting is strictly forbidden in Yellowstone, as is target practice. And visitors should not use guns as self-defense against large wildlife, but rather carry bear spray and take other safety precautions. 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.S. Lets avoid discussing whether or not guns are superior to bear spray for self-defense purposes. See this answer on Outdoors.SE for a good overview of the subject.
Yellowstone is part of the National Park Service. Parts of it are located in Idaho, Montana and Wyoming. The rules concerning firearms on National Park Service properties are set forth at the National Park Service website. Some key excerpts from this are as follows: 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. . . . 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. . . . Unless authorized, the use or discharge of a firearm within a park area is prohibited. 36 CFR 2.4(b) and 13.30(c). 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. The referenced statutes state (emphasis added): 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities (a)Except as provided in subsection (d), 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, shall be fined under this title or imprisoned not more than 1 year, or both. (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. (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. (d)Subsection (a) shall not apply to— (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; (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 (3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. (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. (2)Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d). (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: (1)The term “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. (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. (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. (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. . . . 54 U.S. Code § 104906. Protection of right of individuals to bear arms (a)Findings.—Congress finds the following: (1)The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”. (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”. (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. (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. (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— (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 (B)the new regulations— (i)are under review by the Obama administration; and (ii)may be altered. (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. (7)Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed. (b)Protection of Right of Individuals To Bear Arms in System Units.—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— (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 System unit is located. The references regulations in Title 36 of the Code of Federal Regulations state (emphasis added): § 2.2 Wildlife protection. (a) **The following are prohibited: (1) The taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section. (2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.** (3) Possessing unlawfully taken wildlife or portions thereof. (b) Hunting and trapping. (1) Hunting shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (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. (3) Trapping shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (4) 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. (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. (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. (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. (f) Authorized persons may check hunting and trapping licenses and permits; inspect weapons, 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. (g) 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. . . . § 2.4 Weapons, traps and nets. (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. . . . § 13.30 Weapons, traps and nets. (a) 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. (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. (c) Except as provided in this section and § 2.4 of this chapter, the following are prohibited - (1) Possessing a weapon, trap, or net; (2) Carrying a weapon, trap, or net; (3) Using a weapon, trap, or net. (d) 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. (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. (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. (g) 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. . . . § 13.50 Closure and restriction procedures. (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. (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. (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. (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 www.nps.gov. (e) Restrictions on taking fish or wildlife. (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. (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. (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 www.nps.gov 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: (1) Publication in a newspaper of general circulation in the State or in local newspapers; (2) Use of electronic media, such as the internet and email lists; (3) Radio broadcast; or (4) Posting of signs in the local vicinity. (g) Violating a closure or restriction is prohibited. 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. The state gun control laws in the pertinent states are summarized as follows (by the High County News newspaper) (apologies for the small print):
I assume that &quot;in Oregon&quot; means that the donor (transferor) and recipient (transferee) are both in Oregon, also that neither party happens to be a licensed gun dealer. You turn to ORS 166.435. The answer (reflecting the logic of the statute) is &quot;No&quot;, with some exceptions. There are conditions (subsections 2 and 3) where it is allowed if certain restrictions are satisfied. But you don't have to abide by those restrictions if subsection 4 is the case. Apart from transfers to and from the government, you can freely transfer a firearm under subsection (4)c to a spouse, domestic partner, parent, stepparent, child, stepchild, sibling, grandparent, grandchild, aunt, uncle, first cousin, niece, nephew, or spouse or domestic partner any of the above. And under (4d), because of the death of firearm owner if &quot;conducted or facilitated by a personal representative&quot; (probate) or trustee as created in a will and transferee is one of those relatives. Not a friend, not a second cousin, not an ex-spouse, definitely not a stranger. Otherwise, you have to comply with subsection (2-3). That means, you do the transfer through a licensed dealer and you must request a background check (you do not have to ascertain that the check was done). Under federal law (Firearm Owners’ Protection Act of 1986), you tell the police, they check if you are precluded by law from gun ownership, then they forget that you asked, they don't keep a record of transfers. It is illegal for a minor to possess a firearm ([ORS 166.250])3, but there is no prohibition against a minor owning a firearm. There are also specific exemptions where a minor can possess a firearm (e.g. temporarily for hunting or target practice).
Self-Defense is an active Defense for Homicide (note, this is the legal term for taking a life. Criminal Homicide and Justified Homicide are two subsets of Homicide and are denoted by illegal actions and legal actions. Homicide as a result of Self-Defense is a Justified Homicide, regardless of the weapon, so long as it was applied with the minimal amount of force required to stop the criminal harm to oneself). Suppose you use a taser and the current causes the attacker to go into cardiac arrest and die. Your intention in using the taser was to stop the criminal from injuring yourself, your property, or another person or their property (defense of others). Even though the Taser is non-leathal, it's more like less lethal. Death by Taser is uncommon, but not impossible or rare. It would be handled as a defensive use of a weapon (same as if the attacker was killed by a gun) and processed as such. Pennsylvania is a Stand Your Ground State, meaning that in a public place, you do not have a duty to flee if your attacker approaches you in a public place, you do not have to prove that you could not flee in order to claim self-defense. However, if you pull a weapon and your attacker decides to flee, you can not give chase and kill him upon capture. You also need to have a reasonable expectation that the attacker is about to use deadly force (this normally means having sight of the weapon or what would reasonably look like a weapon i.e. a realistic toy gun without the orange safety cap would be reasonable). You also cannot claim self-defense if you were engaged in another crime when the attacker approached you (i.e. If you rob the Krusty Krab and the Hash Slinging Slasher approaches you with a knife, sucks to be you cause you don't have a right to be in the Krusty Krab after closing.).
As far as I am aware there is no prohibition against bartering firearms in general. This would be an odd prohibition since it is legal to gift and lend firearms. However, some of your situations change this. could I legally manufacture and exchange a firearm If you manufactured a firearm with the intent to sell you would be required to have an FFL. If this was a one-off sale of a firearm you manufactured at some point in the past for personal use this can be legal without an FFL. There are some additional requirements for the transfer. No party is a known criminal It is illegal to sell or give a firearm to someone you know to be a prohibited possessor. Not all criminals are prohibited from owning firearms, but this helps keep you safe. No party inspects the ID of the other or performs a background check This is state dependent. Some states make you go through an FFL for all transfers, others are much less strict. New Hampshire does not require private sales to go through an FFL if you know the buyer personally. Each party is known to be or appears to be old enough to own a firearm legally This is required for your scheme to be legal. One party barters regularly in this manner using firearms and firearm components This person is now engaged in the business of selling firearms and must be a registered FFL and jump through all the corresponding hoops. No party is licensed to sell firearms Not typically required, unless you do this in a regular basis.
A follow-up story appears on the local ABC television station, indicating that the security guard pleaded no contest to simple assault. The fact that the security guard was convicted of a misdemeanor does not necessarily indicate that the deputy was allowed to have the gun in the IRS office, only that the security guard's response to the situation was not acceptable. I am not able to locate any firearm policy for the Lucas County, Ohio' sheriff's office. Many US law enforcement agencies have a policy that their officers carry their firearms essentially at all times, so that they can respond to unexpected incidents even when they are off duty. At the same time, owners of private property ordinarily can admit people, or not, for any reason at all. Unless the officer has an official reason for entering a property when the owner doesn't want the officer there, the officer isn't allowed to enter. It appears that in this case the officer had no official law-enforcement reason to enter. But this case doesn't involve private property, it involves federal property. A digest from the FBI states &quot;Federal laws or regulations are not superseded by LEOSA. Qualified officers may not carry concealed weapons onto aircraft under the act. They also cannot carry firearms into federal buildings or onto federal property.&quot;
ORS 166.220 suggests this would be illegal - specifically its &quot;unlawful use of a weapon&quot; if a person (emphasis mine): Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. So what's &quot;within range&quot;? With a homemade bow of unknown construction, draw weight, and unknown arrows I'd say it's pretty much going to be something you find out when an arrow goes that far. I wouldn't expect it to match the range of high-end bows and arrows (I've seen 40lb recurves cover ~250 yards) but 100 yards plus doesn't sound ridiculous - more if it's got some elevation to it. The point is you really don't want to find out the hard way when a shot goes astray giving your neighbours the old King Harold treatment.
The terminology used may vary some by jurisdiction, but in many it will be said that Bob provoked the confrontation, or that Bob was the aggressor, or that Bob was engaged in a felony and so cannot claim self-defense. This fact patter is highly unlikely to arise in real lie, because if Bob has even a half-competent lawyer, the issue of self-defense, sure to fail, will not be raised. Doing so only wastes the court's time, and may well make them think worse of Bob, which may cost him. In less open-and-shut cases, the general rule is that one who provokes a confrontation, or who is the aggressor, may not claim self-defense. But the exact rule varies by jurisdiction, and the line will be drawn in different ways in different jurisdictions. In some one who seeks a confrontation may be denied a right of self-defense.
If you cannot legally purchase a gun in Utah due to any restriction, such as residency, and you engage someone else to knowingly buy or gift you a gun (such as a "straw man" purchase from a dealer or private sale), that is illegal. From the same link you posted (my emphasis): Can I buy a firearm as a gift for someone? Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase.