Restoration of Second Amendment on Corps Land Proposed by Senator from Idaho

Idaho Senator Mike Crapo has introduced legislation to restore second amendment rights to lands controlled by the U.S. Army Corps of Engineers (Corps). From the press release:

The bill seeks to make firearm regulations consistent across federal lands by allowing law-abiding citizens to carry firearms on U.S. Army Corps of Engineers (Corps) property. Under current law, a person may carry a concealed weapon in a National Park or Refuge as long as individuals comply with the firearm laws of the park’s home state. However, the same rights are not extended to Americans who hunt, camp or fish on land owned by the Corps, effectively denying them of their Second Amendment freedoms guaranteed under the Constitution when on Corps lands. 

 This legislation has been introduced for the last three sessions of Congress but has been bottled up by Harry Reid in the Senate and the Obama administration.  Perhaps the administration should have agreed to the legislative compromise before the ban was challenged in court.   Now the Corps is faced with a court decision citing Peruta in the Ninth Circuit, that declares that carry outside of the home is a constitutional right.

On 10 January, 2014, Judge B. Lynn Winmill of the United States District Court for the District of Idaho, issued a preliminary injunction against the Army Corps of Engineers to prevent enforcement of the Corps’ rules banning guns on the properties that it manages.   Here is a link to the ruling itself (pdf).

The press release continues:

“Not only does this policy discourage use of the 11.7 million acres, 460 lakes and almost 500 recreational areas that are owned or managed by the Corps, but, more importantly, it infringes on Americans’ Second Amendment rights,” said Crapo. “The rights of lawful gun owners do not stop at arbitrary boundaries, and this legislation will ensure those rights are protected by bringing consistency to the current conflicting myriad of firearm regulations imposed across public lands.” 

Specifically, Crapo’s legislation would clarify that federal regulations should not forbid the possession of firearms on Army Crops projects and lands, as long as the firearm possession complies with state laws. Additionally, it would ensure that Corps policy is consistent with the policy already in effect at National Parks or Refuges. 

 In June of 2014, a lawsuit was filed in Georgia asking for an injunction against enforcement of the Corps’ ban in that state.   The  judge there ignored the second amendment implications, ruling that all of Corps lands were “sensitive”, like a school or government building.  

Summary judgment in favor of second amendment rights was granted in the Idaho case on October 13, 2014.  Here is a link to the rulilng(pdf).

Now that Harry Reid is not controlling the Senate, able to block reforms, the bill has a good chance of passage.   President Obama might sign it if it is attached to legislation that he wants to see passed, as he did with the reform that restored second amendment rights to the people when in national parks. 

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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