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
Illinois: House Passes Bill for Firearm Surrender Without Due Process

Thursday, May 24, 2018

Illinois: House Passes Bill for Firearm Surrender Without Due Process

On May 23rd, the Illinois state House of Representatives voted 80-32 to pass House Amendment 2 to House Bill 2354 to allow Second Amendment rights to be revoked without due process.  HA 2 to HB 2354 now ...

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

News  

Friday, May 25, 2018

Trump Administration’s Proposed Rulemakings a Win-Win for America's Firearms Industry, National Security

On Thursday, the Trump Administration published two rulemakings designed to enhance the competitiveness of American companies in the firearms and ammunition sectors, remove burdens for small businesses, and modernize export controls for the post-Cold War ...

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

Tuesday, May 22, 2018

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

On May 23rd, the Massachusetts state House of Representatives will be voting on House Bill 4517, which would allow firearms to be seized from individuals following baseless accusations without proper due process.

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Thursday, May 17, 2018

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Yesterday, NRA filed a legal challenge in the Thurston County Superior Court objecting to the misleading and inadequate ballot title for Initiative 1639, which seeks to further restrict the Second Amendment rights of Washington's law-abiding citizens.  The Thurston ...

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

Hunting  

News  

Friday, May 11, 2018

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

We have recently been reporting on the bizarre anti-gun activism of one of the nation’s larger firearm retailers, Dick’s Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi-automatic ...

Gun Rights Were Expanded: Once Again, No Problems

News  

Second Amendment  

Gun Laws  

Friday, May 25, 2018

Gun Rights Were Expanded: Once Again, No Problems

As readers of our legislative alerts are only too aware, whenever NRA efforts to create more freedoms for law-abiding gun owners, anti-gun lawmakers and activists immediately begin repeating their doom-and-gloom mantra that the streets will ...

Anti-gun Political Correctness Imperils Monument to Medal of Honor Recipient

News  

Friday, May 25, 2018

Anti-gun Political Correctness Imperils Monument to Medal of Honor Recipient

As difficult as it may seem, anti-gun tactics have reached a pathetic new low. We regret to report that some on the anti-gun left, in their fanatical intolerance of all things firearms, now find it ...

West Coast Plutocrats Target Washington State Gun Owners… Again

Friday, May 25, 2018

West Coast Plutocrats Target Washington State Gun Owners… Again

Washington State’s would-be oligarchs are attempting to buy Evergreen Staters’ rights again. Four years after West Coast elites dumped $10 million into the campaign for Initiative 594, which criminalized the private transfer of firearms, some ...

Illinois: Gun Control Bills to be Heard This Week

Tuesday, May 22, 2018

Illinois: Gun Control Bills to be Heard This Week

The Illinois state House of Representatives can take action any day on House Amendment 1 to Senate Bill 2580 to expand the 72 hour waiting period to all firearms.  On May 24th, the Illinois state ...

Illinois: House Considering New Bill to Shut Down Your Gun Store

Thursday, May 24, 2018

Illinois: House Considering New Bill to Shut Down Your Gun Store

Today, the Illinois state House Judiciary-Criminal Committee voted 8-3 to pass Senate Amendment 3 to Senate Bill 337, which would shut down your local gun stores with onerous red tape and regulations.  Governor Bruce Rauner ...

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.