November 2024 – Parks & Recreation - 31
is examining, then self-evidently
there will be no historical firearms
laws addressing that condition in
that period, making the consideration
of later history particularly
crucial. Thus, firearms prohibitions
about societal conditions that
did not exist at the founding, like
with the County's Parks, demand
a more expansive approach to historical
analogy.
In this case, the federal district
court found evidence of a " historical
analogue of preventing terror
in the community. " In particular,
according to the court, a 2022
County survey had illustrated the
" chilling effects " of guns in County
Parks on the County's citizens
use of those spaces.
As result,
the
federal
district
court found the County had shown
that " the Parks Restriction relates
to an unprecedented social issue
that did not exist during the Founding
Era. " The court, therefore, held
the County had " otherwise satisfied
its burden of proving that the
Ordinance satisfies
this Nation's
history and tradition from the
Founding Era of prohibiting firearms
in areas for public gatherings,
such as parks. "
Historical Evidence
In determining the Park Restriction
Ordinance was consistent with the
Nation's history and tradition, the
federal district court cited the following
evidence concerning " prohibitions
on guns in parks in the
19th century " :
Beginning in 1858, regulations
in Central Park and in Brooklyn
Prospect Park prohibited guns....
Next, in 1868, Philadelphia enacted
legislation prohibiting firearms
in Fairmount Park... San FrancisThe
court found modern parks were
designed to provide " safety, peace,
and tranquility " in a " recreational
refuge. "
co followed suit in 1872... in Golden
Gate Park. In 1873, the city of
Chicago forbade " all persons " from
" carrying firearms within any one
of the public parks. "
Later,
throughout the 1870s,
Buffalo, New York; St. Louis,
Missouri; Phoenixville, Pennsylvania;
and Danville, Illinois, all
enacted legislation
prohibiting,
in some way or another, guns in
parks. Gun restrictions in parks
continued to proliferate in the
1880s and 1890s.
In addition, the federal district
court noted the County had submitted
historical evidence indicating
numerous " prohibitions on
guns in parks in the 19th century
[which] were also enacted for similar
reasons as the Ordinance " :
Citing over 116 prohibitions on
guns in parks from 1858 to 1936,
Defendants have met their burden
of showing the Ordinance's congruity
with this Nation's history
and tradition of regulating firearms
in modern parks.
Moreover, similar to the Park
Restriction Ordinance, the court
noted " all these firearm restrictions
were adopted by local governments
like the County " and " enacted for
similar reasons as the Ordinance. "
Parks as " Recreational
Refuge "
As described by the court, " modern
parks were created partly because
there were no spaces for relaxation
available and that the idea of 'passive
recreation' derived from Romanticism
and urban expansion. "
In response, the court found modern
parks were designed to provide
" safety, peace, and tranquility " in a
" recreational refuge. " According to
the court, " the development of the
parks themselves came from the
desire to retreat from the city, to be
in touch with nature, and to cure
societal problems " :
Parks became a haven for patrons
from the cities that were
believed to be filled with disease,
poverty, crime, and other societal
issues. Consequently, gun restrictions
were part of a larger effort
to protect these spaces for the betterment
of society... [and] protect
individuals engaged in these recreational
and social activities from
PARK S ANDRECRE AT ION . OR G | NOVEMBER 2 0 2 4 | Parks & Recreation
31
November 2024 – Parks & Recreation
Table of Contents for the Digital Edition of November 2024 – Parks & Recreation
November 2024 – Parks & Recreation - Intro
November 2024 – Parks & Recreation - Cover1
November 2024 – Parks & Recreation - Cover2
November 2024 – Parks & Recreation - 1
November 2024 – Parks & Recreation - 2
November 2024 – Parks & Recreation - 3
November 2024 – Parks & Recreation - 4
November 2024 – Parks & Recreation - 5
November 2024 – Parks & Recreation - 6
November 2024 – Parks & Recreation - 7
November 2024 – Parks & Recreation - 8
November 2024 – Parks & Recreation - 9
November 2024 – Parks & Recreation - 10
November 2024 – Parks & Recreation - 11
November 2024 – Parks & Recreation - 12
November 2024 – Parks & Recreation - 13
November 2024 – Parks & Recreation - 14
November 2024 – Parks & Recreation - 15
November 2024 – Parks & Recreation - 16
November 2024 – Parks & Recreation - 17
November 2024 – Parks & Recreation - 18
November 2024 – Parks & Recreation - 19
November 2024 – Parks & Recreation - 20
November 2024 – Parks & Recreation - 21
November 2024 – Parks & Recreation - 22
November 2024 – Parks & Recreation - 23
November 2024 – Parks & Recreation - 24
November 2024 – Parks & Recreation - 25
November 2024 – Parks & Recreation - 26
November 2024 – Parks & Recreation - 27
November 2024 – Parks & Recreation - 28
November 2024 – Parks & Recreation - 29
November 2024 – Parks & Recreation - 30
November 2024 – Parks & Recreation - 31
November 2024 – Parks & Recreation - 32
November 2024 – Parks & Recreation - 33
November 2024 – Parks & Recreation - 34
November 2024 – Parks & Recreation - 35
November 2024 – Parks & Recreation - 36
November 2024 – Parks & Recreation - 37
November 2024 – Parks & Recreation - 38
November 2024 – Parks & Recreation - 39
November 2024 – Parks & Recreation - 40
November 2024 – Parks & Recreation - 41
November 2024 – Parks & Recreation - 42
November 2024 – Parks & Recreation - 43
November 2024 – Parks & Recreation - 44
November 2024 – Parks & Recreation - 45
November 2024 – Parks & Recreation - 46
November 2024 – Parks & Recreation - 47
November 2024 – Parks & Recreation - 48
November 2024 – Parks & Recreation - 49
November 2024 – Parks & Recreation - 50
November 2024 – Parks & Recreation - 51
November 2024 – Parks & Recreation - 52
November 2024 – Parks & Recreation - 53
November 2024 – Parks & Recreation - 54
November 2024 – Parks & Recreation - 55
November 2024 – Parks & Recreation - 56
November 2024 – Parks & Recreation - Cover3
November 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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