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
Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Monday, March 18, 2019

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Today, Assembly Bill 291 was introduced by Assemblywoman Sandra Jauregui (D-41).  This omnibus anti-gun legislation is a threat to both gun owners residing in Nevada and those who are visiting. 

NRA Praises Vermont Superior Court Decision on Magazine Bans

News  

Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

News  

Wednesday, March 13, 2019

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

On Tuesday, U.S. Rep. Carolyn Maloney (D-NY) unabashedly embraced the tactics behind one of the most shameful policies of the Obama era, openly using the guise of her federal authority to berate and not so ...

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

News  

Friday, March 15, 2019

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

Last month, the Senate Standing Committee on National Security and Defence (SECD) concluded two days of hearings on Bill C-71, the Liberal government’s gun control bill. (An additional hearing date has been set for March 18, ...

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

Tuesday, March 19, 2019

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

With less than 12 hours-notice to the public, the Senate Appropriations Committee passed gun control legislation, House Bill 1177, this morning.

Monday, March 18, 2019

Alert! Look Out ALABAMA! Here comes D.J. Parten's Bait & Switch

It looks like D.J. Parten is making a move on Alabama.  We’ve heard that he’s trying to establish himself in another state – Alabama.  So, if you know people in Alabama, forward this email to ...

Maryland: House Passes Multiple Gun Control Bills to the Senate

Tuesday, March 19, 2019

Maryland: House Passes Multiple Gun Control Bills to the Senate

Last night, the Maryland House passed multiple gun control bills.  House Bill 786 was passed by a 90 to 49 vote, and House Bill 740 was passed by a 94 to 45 vote. 

Indiana: Senate Committee Passes Important Self-Defense Bill

Wednesday, March 20, 2019

Indiana: Senate Committee Passes Important Self-Defense Bill

On March 20th, the Indiana state Senate Judiciary committee voted 7-3 to pass House Bill 1284 to enhance protections afforded to law-abiding citizens acting in defense of themselves and others.

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.