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
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

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.