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
Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

News  

Monday, May 18, 2026

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

In the landmark U.S. Supreme Court case District of Columbia v. Heller (2008), that acknowledged the Second Amendment protects the individual right to keep and bear arms, Justice Antonin Scalia noted some of the arms ...

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

News  

Monday, May 18, 2026

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

Parents and others have expressed concerns over a continuing decline in student literacy rates and math skills. At the same time, there’s a worrying erosion of common sense and critical thinking on the part of ...

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

News  

Monday, May 18, 2026

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

Massachusetts has among the most restrictive gun control laws in the country. The Bay State is one of an exceedingly small group of states, along with Illinois, to require a license to merely own any ...

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

News  

Friday, May 15, 2026

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

The U.S. House of Representatives is expected to vote as early as next week on the Veterans 2nd Amendment Protection Act.

Expand Self-Defense? Cue the Hysteria

News  

Monday, May 18, 2026

Expand Self-Defense? Cue the Hysteria

It should come as no surprise to anyone who follows the debate over gun control that anti-gun messaging has not changed much over the years

Illinois: Semi-Auto "Glock Ban" Bill Hearing Tomorrow!

Tuesday, May 19, 2026

Illinois: Semi-Auto "Glock Ban" Bill Hearing Tomorrow!

Tomorrow, May 20th, the House Gun Violence Prevention Committee will hold a hearing on House Bill 4417.

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

News  

Monday, May 18, 2026

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

For better and for worse, Second Amendment and firearms related law, especially over the past 20 years, has developed into an extraordinarily dense and complex legal field.

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

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.