|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 doesn’t 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’s waterways. On the other side of the coin, 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 a prison. That decision is being appealed . . .
U.S. District Court Judge Harold Murphy in August ruled against David James and GeorgiaCarry.org, 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 GeorgiaCarry.org 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 the 9th will also be appealed, but it hasn’t yet happened. Both cases 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 basis for prohibiting carrying arms in millions of acres of Corps-administered land. It’s hard to see that land as being any more sensitive than say, national park land on which a carry 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’ prohibition. With wide support in the Senate and House, passage of such a bill would render the lawsuit in Georgiea moot.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.