Wednesday, November 26, 2014

Does Second Amendment apply to the Corps? 11th Circuit to Decide

Army Corps of Engineers Administered Land

In the Ninth Circuit federal court of appeals, District Court Judge B. Lynn Winmill ruled that the second amendment does not stop at the boundary of land administered by  the Army Corps of Engineers.   There are millions of acres of wild land and waters involved, as the Corps of Engineers administers enormous projects across America on the waterways.

In the 11th Circuit, Judge Harold Murphy in Georgia has ruled that the second amendment does not apply on land administered by the Corps, because the land is all considered "sensitive", like a courtroom, or prison.  The decision is being appealed.  From
U.S. District Court Judge Harold Murphy in August ruled against David James and, both of whom argue James has the right to carry firearms onto U.S. Army Corps of Engineer-managed land and water at Lake Allatoona, including McKaskey Creek Campground in Cartersville.

James and appealed to the 11th Circuit Court of Appeals, dismissing Murphy’s ruling that the Corps land is “sensitive,” like a school or government building. They want the appeals court to issue a preliminary injunction and allow James to carry firearms onto Corps property.
Many are speculating that the Idaho case settled by Judge Winmill will also be appealed, but it has not yet happened.   Both cases appear to assume that there is a right to bear arms outside of the home.   In the Georgia case, the ruling uses the "sensitive places" wording in the Heller decision as the excuse for a ban on bearing arms in millions of acres of Corps administered land.  It is hard to see that land as being more sensitive than National Park land, on which a ban was removed by law in 2009.

Second amendment supporters have been pushing for a similar bill that would nullify the Army Corps of Engineers regulations.  With wide support in the Senate and House, passage of such a bill would render the lawsuit in Georgia moot.

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Link to Gun Watch

1 comment:

Anonymous said...

given the courts reasoning...if the corps declared ALL of the states 'sensitive' then the 2nd disappears....FUCK THEM ALL....imho