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
President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

Monday, November 10, 2025

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

On Wednesday, November 12, the House Judiciary Committee will take action on HB 1891, a gun registration bill that the NRA opposed last year and continues to fight this session. While supporters claim the bill is ...

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

News  

Wednesday, November 12, 2025

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

On November 10th, 2025, the U.S. Senate passed on a legislative proposal to reopen the federal government. Included in this package was the Military Construction, Veterans Affairs, and Related Agencies bill. This legislation maintained a provision that ...

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.