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
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

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

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.