---
kind: "section"
citation: "54 U.S.C. § 104906"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "104906"
heading: "Protection of right of individuals to bear arms"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/104906"
units:
  - "Subtitle I — National Park System"
  - "Division A — Establishment and General Administration"
  - "Chapter 1049 — Miscellaneous"
---

# §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)](#a-2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at [System units](/usc/54/100102.md?p=6).
  - (4) The existence of different laws relating to the transportation and possession of firearms at different [System units](/usc/54/100102.md?p=6) entrapped law-abiding gun owners while at [System units](/usc/54/100102.md?p=6).
  - (5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in [System units](/usc/54/100102.md?p=6) 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](/usc/54/100102.md?p=5) land.
  - (7) Federal laws should make it clear that the 2d amendment rights of an individual at a [System unit](/usc/54/100102.md?p=6) should not be infringed.
- (b) **Protection of Right of Individuals To Bear Arms in System Units.—** The [Secretary](/usc/54/100102.md?p=3) 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](/usc/54/100102.md?p=6) 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](/usc/54/100102.md?p=6) is located.

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3168.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 104906 | 16 U.S.C. 1a–7b (relating to National Park System). | Pub. L. 111–24, title V, § 512 (relating to National Park System), May 22, 2009, 123 Stat. 1764. |

In subsection (a)(5)(B)(i), the words “the Obama administration” are substituted for “the administration” for clarity.