Explore The NRA Universe Of Websites

APPEARS IN News

Corps' Regulation Violates Core Right of Self-Defense

Friday, October 17, 2014

A federal regulation that banned the use of firearms by law-abiding citizens for self-defense purposes on property administered by, or subject to, the control of the Army Corps of Engineers violates the Second Amendment and is unconstitutional, according to a ruling this week by Chief Judge B. Lynn Winmill of the United States District Court for the District of Idaho.  This decision, granting the plaintiffs' motion for summary judgment and granting a permanent injunction, follows an earlier ruling in January issuing a preliminary injunction.

With very limited exceptions, which do not include self-defense, the regulation prohibits possession of "loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons" in the recreation areas surrounding 700 dams built by the Corps in the United States.  Two residents who used Corps-managed areas in Idaho for camping and other recreational purposes sued, claiming that the regulation violated their Second Amendment rights by prohibiting them from possessing a functional firearm in a tent (a temporary home), and from carrying a firearm on the sites.

The Corps had raised several arguments in support of its regulation, such as:  its recreation sites are public venues where large numbers of people congregate (over 300 million visitors annually), making it "imperative" that firearms be tightly regulated. In addition, these sites are "sensitive places," being government property containing "critical infrastructure" that require firearm bans in light of homeland security threats.  The Corps also claimed that it was entitled to be judged against a less restrictive standard of review because in imposing the ban it was acting as an owner managing its own property rather than as a governmental entity.

None of these claims was sufficient to overcome the fact that this regulation entirely "destroys" the core Second Amendment rights of law-abiding citizens to carry operable firearms for the lawful purpose of self-defense.  The court, referring to Peruta v. County of San Diego, 742 F.3d 1144 (9th Cir. 2014), noted that the right of self-defense extends outside the home, and the Second Amendment requires some form of carrying for self-defense outside the home.  At most, this regulation would allow a person to carry an unloaded firearm without carrying its ammunition, which essentially made the firearm useless for self-defense.  Because the regulation effectively extinguished Second Amendment self-defense rights, the court declared the law unconstitutional "under any light," regardless of the level of constitutional review or scrutiny used.  While government buildings and facilities could warrant protection as "sensitive" places, the court pointed out what was actually at issue was "outdoor parks."

The message again is that the government cannot seek to accomplish its objectives -- including a need to safeguard property or protect the general public -- by completely ignoring the Second Amendment right of self-defense.  Citing Peruta, the court noted: "We are well aware that, in the judgment of many governments, the safest sort of firearm-carrying regime is one which restricts the privilege to law enforcement with only narrow exceptions.  Nonetheless, the enshrinement of constitutional rights necessarily takes certain policy choices off the table."

Although Chief Judge Winmill granted a permanent injunction enjoining the enforcement of the regulation, the scope of the injunction is limited to Idaho because the plaintiffs' allegations are limited to Corps' property in Idaho.  The case is Morris v. U.S. Army Corps of Engineers, No. 3:13-CV-00336-BLW (D. Idaho Oct. 13, 2014).

IN THIS ARTICLE
Army Corps of Engineers Idaho
TRENDING NOW
Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

Is Finland Looking to Emulate America’s Founding Era on Firearms?

News  

Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

News  

Monday, March 30, 2026

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

A new study by James Manzi of the U.K.’s Oxford University has now confirmed what everyday Americans have seen for themselves at college and university campuses across the country.

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

Monday, March 30, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

The National Rifle Association—joined by the Second Amendment Foundation, American Suppressor Association, and Independence Institute—has filed an amicus brief urging the U.S. Supreme Court to grant review in National Shooting Sports Foundation, Inc. v. James.

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.