Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Citing Second Amendment, Judge Issues Injunction Against Federal Gun Ban

Friday, January 17, 2014

Last Friday, Chief Judge B. Lynn Winmill of the United States District Court for the District of Idaho issued a preliminary injunction to enjoin the Army Corps of Engineers from enforcing a regulation that, with limited exceptions, banned possession of firearms on lands under the Corps' control.  The case, Morris v. U.S. Army Corps of Engineers, was brought by plaintiffs in western Idaho who use Corps' lands for recreation, including camping.  The plaintiffs challenged the regulation as being an unconstitutional violation of the Second Amendment because of the burden the regulation placed on their right to self-defense in their temporary homes (tents) and their right to carry firearms for self-defense. 

The court first examined the regulation as it applied to the plaintiffs' "homes," and found that the temporary nature of tents did not limit their consideration as homes because a tent is "a place--just like a home--where a person withdraws from public view, and seeks privacy and security for himself and perhaps also his family and/or his property."  The court used this finding and followed the Supreme Court's holding in District of Columbia v. Heller to determine that the regulation impacted the core of the Second Amendment right, so the regulation was therefore subject to strict scrutiny. 

The court did not examine the level of scrutiny to apply to the regulation as it applied outside of the tents because it found that even if less-stringent intermediate scrutiny was appropriate, the regulation would still fail.  In coming to this conclusion, the court focused on the complete lack of a self-defense exception within the regulation.    

The Corps argued that plaintiffs had no Second Amendment rights on federal land because the Corps was acting in its proprietary role as a land owner rather than exercising its role as a "law-maker," and, even if plaintiffs generally had a right to possess firearms for self-defense on federal land, that the Corps should be treated differently because it was not required by law to open its lands to the public.  In rejecting both arguments, the court noted that the Corps could not evade application of constitutional requirements, in this case the plaintiffs' right to possess firearms for self-defense, merely because it had acted voluntarily.  Once the Corps made the decision to open its land to the public, it had to give full recognition to individual's constitutional rights. 

It should be noted that Chief Judge Winmill issued only a preliminary injunction, so the Corps will have the opportunity for a full evidentiary hearing or trial on the merits to get the court to lift the injunction.  We will keep you updated on any further developments.

TRENDING NOW
President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

News  

Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

NRA Files Legal Challenge to New Mexico Waiting Period Law

News  

Second Amendment  

Wednesday, May 15, 2024

NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. ...

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Wednesday, May 15, 2024

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Today, the NRA filed a lawsuit in federal court challenging New Mexico's recently enacted waiting period requirement on firearm purchases. 

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Wednesday, May 15, 2024

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Today, Governor Jeff Landry signed Senate Bill 194 into law which enhances and strengthens Louisiana's existing firearm preemption laws.

Delaware: Governor to Sign Permit to Purchase Bill

Tuesday, May 14, 2024

Delaware: Governor to Sign Permit to Purchase Bill

Governor Carney is scheduled to sign extreme Permit to Purchase legislation in Dover on Thursday. May 16th.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.