Does 2A Apply to the Corps Land? 11th Circuit to Decide

By Dean Weingarten

Army Corps of Engineers
Army Corps of Engineers
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- 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 northwestgeorgianews.com:

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.

Army Corps of Engineers Land Gun Free Zones
Army Corps of Engineers Land Gun Free Zones

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.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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mikrat

“because the land is all considered “sensitive”, like a courtroom, or prison”
So now Land has been raised to the same level as a Corporation like a the Corporate Courtroom and Corporate Prison?
What a sad joke that most “Law Abiding” subjects will OBEY!

We don’t have a Justice system – We have a Just-US oligarchy.

Diamondback

The Second Amendment is part of the “supreme law of the land”.

Of course it applies on Corp owned property because it applies throughout the entire land. And, before McDonald, it applied ESPECIALLY to the federal government but now it ‘s been applied against the states too (Really it already did via the fact that all state officers swear an oath of fidelity to the US Constitution anyway but the supreme court justices don’t want to activate that principle for obvious reasons).

This stuff really ain’t that hard folks.