Morris v. US Army Corps of Engineers

[Al Norris]

As we should all be aware, the US Forest Service and the BLM regulate firearms in accordance with State Law (in whatever State that land falls within). We also know that the US Park Service can no longer prohibit firearms, and now goes along with the laws of the State which the Park finds itself within.

An outlier to all of this, is the US Army Corps of Engineers. All of the land that it controls, in particular, its recreation lands (which comprise the vast majority of its lands), prohibit the possession of firearms.

Enter the next case on my list:

• 85. Morris et al v. U.S. Army Corps of Engineers et al: Case #13-cv-00336, filed on August 5, 2013, in the US District Court for Idaho. John L. Runft of Boise and James Manley of Mountain States Legal Foundation, attorneys for the plaintiffs.This lawsuit seeks to enjoin the Army Corps of Engineers from prohibiting firearms within its parks, campsites and other recreational areas that it oversees.
  • 08-05-2013 - Complaint Filed. MPI filed.
  
  Internet Archive
  Justia Summary

This is the newest case that I've encountered. Thanks goes to Gray Peterson for the heads-up, this am.

 

[JoshingYu]

Can't wait to see how this one turns out. I have been trying to learn about all the different cases.

 

[Al Norris]

In Baker v. Drozdoff, a 2010 case in Nevada, James Manley won that case by forcing the State of Nevada to change their regulations.

So this case isn't exactly virgin ground for Manley. It is building upon already paved ground, albeit with the feds now, instead of a State agency.

 

[Peaceful John]

Keeping the books on these cases must be awfully time consuming. Thanks for all the work you're doing, Al.

 

[LeadSled1]

Interesting, you can hunt on ACE lands here in Maryland with firearms.

 

[Inigoes]

Interesting, you can hunt on ACE lands here in Maryland with firearms.

Hunting is permissable. Carrying or Bearing Arms is not.

§ 327.13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under § 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander

http://www.gpo.gov/fdsys/pkg/CFR-2002-title36-vol3/pdf/CFR-2002-title36-vol3-sec327-13.pdf

 

[Maestro Pistolero]

Complaint here.

MPI here

(Thanks, Al)

I can't wait to hear defendants explain to the court how '422 lake and river projects in 43 states, spanning 12 million acres, 55,000 miles of shoreline, 4,500 miles of trails, 90,000 campsites, and 3,400 boat launch ramps.' constitutes a sensitive place.

 

[MJD438]

Complaint here.

MPI here

(Thanks, Al)

I can't wait to hear defendants explain to the court how '422 lake and river projects in 43 states, spanning 12 million acres, 55,000 miles of shoreline, 4,500 miles of trails, 90,000 campsites, and 3,400 boat launch ramps.' constitutes a sensitive place.

Especially in light of Bonidy v USPS knocking down the overreach of the USPS "sensitive place" argument (yes, IANAL, and I am aware that this decision is only at the District level in CO and, therefore, not binding).

 

[press1280]

We have a win here: http://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf
Volokh's take: http://www.volokh.com/2014/01/11/ri...l-recreation-areas-right-possess-tents-areas/

Court essentially finds tents are akin to homes and that bear means to carry (duh) and agrees with Moore that a carry ban, even outside the tent, is not permissible.

 

[Inigoes]

We have a win here: http://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf
Volokh's take: http://www.volokh.com/2014/01/11/right-carry-guns-federal-recreation-areas-right-possess-tents-areas/

Court essentially finds tents are akin to homes and that bear means to carry (duh) and agrees with Moore that a carry ban, even outside the tent, is not permissible.

Awesome find

Strict scrutiny is applied to bearing arms

 

[press1280]

Awesome find

Strict scrutiny is applied to bearing arms

I read that at least with the carry ban they declined whether to go for intermediate or strict scrutiny-but held it didn't pass intermediate. This was intermediate scrutiny applied properly, not simply accepting the words "public safety" as justification.
The tent sites were held to strict scrutiny (just like a home would/should be).

 

[Kharn]

Some good news for a change.

 

[Al Norris]

This is only the start. A very good start, but the ACE can still appeal to the 9th.

 

[wolfwood]

I read that at least with the carry ban they declined whether to go for intermediate or strict scrutiny-but held it didn't pass intermediate. This was intermediate scrutiny applied properly, not simply accepting the words "public safety" as justification.
The tent sites were held to strict scrutiny (just like a home would/should be).

The judge writes like he wanted strict but does not want the government to be able to say on appeal the Court applied the wrong standard assuming the Ninth applies intermediate like every other Circuit.

 

[lsw]

Saw a reference to this on usenet today and wanted to post it on MDS. I searched for older threads first and found this one. I think it's the same case, if not quite a coincidence:

http://patriotsbillboard.org/idaho-woman-defeats-obamas-top-lawyers-on-guns/

 

[gamer_jim]

Saw a reference to this on usenet today...

People still use usenet?


Sent from my Nexus 7 using Tapatalk

 

[wolfwood]

The plaintiffs find out on the 19th whether the government is going to appeal. They have a scheduling conference with the court on that date.

 

[kenpo333]

I have learned more about the legality of firearm ownership in the short I've been on the forum than the entire time before. Thanks for keeping us informed.

 

[lsw]

People still use usenet?


Sent from my Nexus 7 using Tapatalk

A few rec.guns only gets 2 or 3 posts a day & the other group I follow, rec.woodworking, around 40 to 60. I remember when a couple hundred wasn't unusual.

 

[RustinRifle55]

I saw last week that the US House of Reps voted on a bill to allow people to carry firearms on Corps of Engineer property. My fine dumb a** Rep. John Delaney voted against the bill.