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: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

Report Provides Context on “Machinegun-Convertible Pistol” Panic

News  

Monday, June 8, 2026

Report Provides Context on “Machinegun-Convertible Pistol” Panic

Anti-gun lawmakers and their gun control allies exploit menacing language to bolster their arguments against lawful arms: ordinary semi-automatic rifles and pistols become “weapons of war” and “assault weapons;” “large capacity magazines” actually refers to ...

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

Saturday, June 6, 2026

Pennsylvania: House Majority Democrats Pushing More Gun Control Next Week

On Monday, June 8, the House Judiciary Committee will hear a bill that will force Keystone gun owners to keep their guns under lock and key or face the consequences. 

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

New York: Waiting Period Bill Passes Senate, Heads to Assembly

Thursday, June 4, 2026

New York: Waiting Period Bill Passes Senate, Heads to Assembly

On Wednesday, June 3, the New York Senate passed S.9883A, which creates a three-day waiting period on the transfer of all pistols, shotguns and rifles. 

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.