Carry on Corp of Engineers property now legal

[Hookeye]

Concealed carry I thought a no no on ACoE ground.
But those places do allow hunting............so sign in and say you're hunting.
Of course that wouldn't pass if you're on a boat fishing.
Or in campground.
I know Miss Res allows hunting, but the state runs most of the property.
ACo E manages a smaller area, doesn't have hunter sign in, there's no draw to hunt turkey there either (so it gets rather crowded).

 

[Alamo]

Concealed carry I thought a no no on ACoE ground.

Nesbitt (formerly Morris) vs COE challenged the COE on their regulation of firearms, and Nesbitt won in the Federal District Court of Idaho because the COE regulations did not allow for self-defense. But that decision only applies to COE lands in Idaho. If Nesbitt defeats the COE's appeal at the 9th Circuit, then carry for self-defense will be legal on COE lands in all the states covered by the 9th Circuit. That does not include Indiana (nor Texas). To extend it to the rest of the country, either the case will have to go to the SCOTUS and get a favorable (for the 2A) ruling, or the COE will have to throw in the towel and re-write its regulation.

Either way, I suspect the most likely positive result will ibe that handgun/firearm carry for self-defense will be legal on COE lands, but not in federal buildings on COE property (similar to present rules for parks and federal buildings on non-COE lands).

 

[HawgdawgLS]

The House introduced a repeal of firearms carry on COE lands in the budget bill but it did not make it into the Senate's version. Most likely because of Mr. Mitch "Whimpy" McConnell.

 

[JeffINGunner]

How about this, I dont really care anything about these so-called "gun free zones" and I carry anyway. I deep conceal, but I refuse to be a victim, and I will never NOT carry.

 

[KG1]

How about this, I dont really care anything about these so-called "gun free zones" and I carry anyway. I deep conceal, but I refuse to be a victim, and I will never NOT carry.

Sometimes though when you have to deep conceal it becomes a problem when you need to get to it right quick. On the other hand I guess the point could be made that it would take even longer to get to your firearm if it's at home.

 

[Alamo]

Nesbitt vs COE was set for oral arguments in the 9th Circuit last March (2017), but at the last moment the lawyers for the Corps of Engineers filed a motion stating the COE was reconsidering its firearms ban and asking for the court action to be delayed, which the court granted. I got curious last week about the status of this so I emailed the Mountain States Legal Foundation (who is representing Nesbitt and Baker) to ask. I got a polite email back from William Perry Pendley, who runs MSLF (and for all I know IS MSLF) and he basically said negotiations on the new policy are continuing.

 

[eldirector]

Good to hear! Thanks for sharing. I hope the ACoE does the right thing, and creates policy similar to other Federal rec areas (forests, parks, etc...). I'd like to visit some of our reservoirs again.

 

[Alamo]

Nesbitt vs COE is finished.

Some weeks back I once again emailed MSLF and asked for a status of the mediation that was supposed to be going on regarding rollback of the COE's regulations forbidding functional firearms on COE property.

I have received no reply.

However, today I looked through the MSLF website to see if there were any changes. There is a announcement/press release dated 15 Dec 17.
https://www.mountainstateslegal.org...constitutional-corps-firearm-ban#.Wnsw7-Ry6Uk

In summary it appears to say three things:

1. On November 20, 2017, the Corps granted Mrs. Nesbitt and Mr. Baker [the plaintiffs] written permission to carry loaded firearms on Corps-managed lands in Idaho, Oregon, Washington, and Montana, subject to certain restrictions and local laws regarding the carrying of concealed weapons.

2. The plaintiffs and the Army COE have jointly filed a motion asking the Ninth Circuit to dismiss the Army COE's appeal of the federal district judge's permanent injunction against the COE's firearms regulations, and the Ninth has granted it.

3. The federal district judge's permanent injunction against the COE is still in force "while the agency considers amending its regulation"...but the injunction applies only to COE lands in Idaho.

So Nesbitt and Baker can carry pretty much anywhere they are likely to go on COE lands in a four state area, people in Idaho can carry on COE lands in Idaho, and the rest of us are still deprived by regulation of our 2A rights on COE land.
Absent pressure from the courts, I see no reason to expect the COE to make any serious effort to amend their regulations. If bothered by anyone enough to respond, my pessimistic assessment is they will say they need to wait to see how the national reciprocity bill pending in Congress turns out (recall it would allow carry on federal lands).
Not holding my breath.

 

[Alamo]

An update:

The US Army Corps of Engineers call for comments on its regulation of firearms on ACE property caused me to look at the Nesbitt (Moore) lawsuit. The last I knew was the post I made just above, it appeared to me that it was basically over. The plaintiffs got to carry their guns, and the COE was going to "consider".

But the Mountain States Legal Fund, who did the legal work on the case, posted a press released on 17 Dec 2019 that said the USACE had finally decided not to appeal the previous court decisions.
https://mslegal.org/press-releases/...corps-of-engineers-declines-to-pursue-appeal/

And apparently they are now actively reconsidering their firearms regulations.

 

[Dead Duck]

Screw the Dam rule!

So now I can fish with my shotgun...... legally. I mean bring my gun with me while fishing. Ya, that's it.

 

[jolly rancher]

So OC / CC is now allowable on COE property such as Lake Monroe this Spring and Summer? I wonder if Federal Fish and Wildlife Enforcement are aware of this?

 

[Alamo]

So OC / CC is now allowable on COE property such as Lake Monroe this Spring and Summer? I wonder if Federal Fish and Wildlife Enforcement are aware of this?

NO, it is not legal...yet. ACOE is proposing new rules to have COE lands/waters follow whatever the state laws are, but they are not yet adopted. The comment period doesn't end until June, IIRC, and it will take time after that for it to be implemented.

 

[LockStocksAndBarrel]

Make your voices heard, INGO!

https://www.ammoland.com/2020/04/co...ve-federal-infringements-on-second-amendment/