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Another Federal Court Victory

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Clarence:
A federal judge has struck down a Corp of Engineers policy banning firearms (except Hunting) on property it controls on Second Amendment grounds.  

It's Morris v. US Army Corps of Engineers, D. Idaho, Jan. 10, 2014.
The Corps promulgated a regulation generally forbidding possession of a firearm and other arms (with exceptions for hunting and use at authorized ranges) on land it controls, including 700 dams and associated recreation areas. The court strikes down the regulation on 2A grounds. The court reasons that the regulation affects the core Heller right of self-defense, and that possession in a tent is as protected as possession in a home, the regulation entirely forbids that, and therefore is subject to strict scrutiny.
It reasons that possession for self-defense outside the tent is also protected. It reasons that a complete ban on that is a serious infringement, but it is not necessary to pick a standard of review since this would fail even intermediate review. It grants a preliminary injunction since plaintiffs have proven a "strong likelihood" that they will win at trial.

Cbmarine:
Shoowee!! According to Wikipedia "The C&D Canal is owned and operated by the U.S. Army Corps of Engineers, Philadelphia District." 

Clarence:

--- Quote from: Cbmarine on January 14, 2014, 09:31:49 PM ---Shoowee!! According to Wikipedia "The C&D Canal is owned and operated by the U.S. Army Corps of Engineers, Philadelphia District." 

--- End quote ---

Hey!   You are right.  Didn't think about that.  Good one. 

MarkB:
Could this reasoning be applied to State Parks, Management Areas and Forests?

Clarence:

--- Quote from: MarkB on January 14, 2014, 11:22:56 PM ---Could this reasoning be applied to State Parks, Management Areas and Forests?

--- End quote ---

I'm not a Lawyer (IANAL) but as this opinion references Heller and as Heller was "incorporated" as applying to the states, it would look like it to me.   Remember that Heller and McDonald applied to flat out bans.  This was also true in the Madigan case overturning carry ban in Illinois and the recent gun shop case in Chicago

The Corp of Engineers had a flat out ban on firearms for self defense.  Looks to me like
Hunting and such could be regulated but self defense cannot.  

Again, IANAL

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