GDG- Re: NP jurisdiction is Federal not State?
Margaret D. Blough
mdblough1 at comcast.net
Sun Dec 30 04:50:10 CST 2007
It was an analogy, Dave. I wasn't saying that the state has jurisdiction over federal property, only that a governmental unit, regardless of the level, that requires a license to engage in an activity will take action if someone engages in that activity without a license.
Regards,
Margaret
-------------- Original message --------------
From: DShultz180 at aol.com
> Esteemed GDG Member Contributes:
>
>
> > <> > I engaged in the practice of law or a doctor engaged in the practice of
> > medicine without a license.>>
> >
> I'm curious to know why the state of Pennsylvania would prosecute someone for
> allegedly breaking Federal law on Federal property? I am a (part time)
> California Sate Park Ranger working Huntington and Bolsa Chica State Beaches. We
> are
> west of Pacific Coast Highway. We have no jurisdiction whatsoever on the
> Federal Preserve directly east of and across the highway from us, just as the
> NPS officers do not on state land. The state takes care of state issues only.
> The Feds, however, can intercede on their own behalf if Federal law, or one's
> civil rights, is in question.
>
> We had major issues out here when the terrible fire storms jumped from state
> to federal lands then into city, then repeated the process. Talk about
> jurisdiction? Would you believe that Federal fire fighters received fines in
> the
> mail for passing through state and city toll booths while not on duty (rolling
> to find some R&R). The lower courts upheld the fines, the state smartly waved
> them.
>
> I can't help but think that conducting unlicensed tours within Gettysburg
> National Battlefield Park would be a Federal issue and not state. I could be
> wrong. The issue here is simple, there has to be rules and regs otherwise
> there
> would be anarchy and chaos. The NPS, in my opinion, has the right to set their
> own rules and licenses process on their property. Why would the state of
> Pennsylvania interfere? The state has no jurisdiction in any NP within it's
> boundaries in California unless it is a capitol crime. I have to disagree about
> the state taking any action on what should be considered a misdemeanor.
>
> Dave S.
>
>
>
>
>
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