March 2016 - Parks & Recreation - 45

Heller and therefore was " presumptively constitutional: "
Arguing that Daingerfield Island is
a sensitive place, the government states
that a large number of people, including
children, congregate in national parks for
recreational, educational and expressive
activities. Park land is not akin to a gun
owner's home and is far more analogous
to other public spaces, such as schools,
municipal parks, governmental buildings and appurtenant parking lots, where
courts have found firearms restrictions to
be presumptively reasonable.
In response, Masciandaro contended, " the parking lot at Daingerfield
Island was not a 'sensitive place' like
a school or governmental building, as
referenced to in Heller. "
In this particular instance, the federal appeals court found " the government has a substantial interest in
providing for the safety of individuals who visit and make use of the national parks, including Daingerfield
Island...a national park area where

their motor vehicles. " (Emphasis of
court) In so doing, the court found §
2.4(b) passed constitutional muster
because it " leaves largely intact the
right to possess and carry weapons in
case of confrontation. "
While it is true that the need to load a
firearm impinges on the need for armed
self-defense...[Constitutionality in this
context] does not require that a regulation
be the least intrusive means of achieving
the relevant government objective, or that
there be no burden whatsoever on the individual right in question.
Accordingly, in promulgating the
challenged regulation, the federal appeals court found the federal
government could have reasonably
concluded that the need for armed
self-defense was less acute in a national park, like Daingerfield Island,
than in the context of one's home.
As a result, the federal appeals
court concluded 36 C.F.R. § 2.4(b)
was constitutional under the circumstances of this particular case. The

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large numbers of people, including
children, congregate for recreation. "
Moreover, the federal appeals court
found " § 2.4(b)'s narrow prohibition
is reasonably adapted to that substantial governmental interest... to secure
public safety. "
As noted by the federal appeals
court, § 2.4(b) simply prohibited national park patrons " from possessing
loaded firearms, and only then within

federal appeals court, therefore, affirmed the judgment of the federal
district court that had rejected Masciandaro's Second Amendment challenge to this particular regulation of
firearms in national parks.
Reasonable Suspicion
In the case of Embody v. Ward, 695
F.3d 577; 2012 U.S. App. LEXIS
18399; 2012 FED App. 0293P (6th

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March 2016 - Parks & Recreation

Table of Contents for the Digital Edition of March 2016 - Parks & Recreation