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Carrying Firearms on Army Corps of Engineer Managed Land

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#1 Charles Nichols


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Posted 04 March 2017 - 04:20 PM

There are currently two cases pending before the 9th Circuit Court of Appeals and the Eleventh Circuit Court of Appeals: Nesbitt (formerly Morris) v. U.S. Army Corps of Engineers and GeorgiaCarry.Org, Inc., et al v. U.S Army Corps of Engineers, et al.  Under current law it is illegal to carry loaded firearms or unloaded firearms if one has matching ammunition in his possession except where hunting or target shooting is allowed.


A senior district court judge invalidated the law ("regulation") but limited its holding to Idaho because the plaintiffs limited their Complaint to Idaho.  A district court judge upheld the law in the Eleventh circuit.


Curiously, the Obama administration lawyers did not argue that the Second Amendment is limited to the home.  Their argument was that the Army Corp of Engineer managed land is a "sensitive place" under Heller.


On Thursday, March 2, 2017, the Trump administration lawyers filed an emergency motion in the 9th Circuit Court of Appeals (Nesbitt) to send the case to mediation and cancel the hearing which was scheduled for Monday, March 6th, because it is reconsidering its position.


The 9th Circuit then issued two orders, one instructing the parties to discuss whether or not plaintiffs have standing and the second sending the appeal to mediation.  The court subsequently took the oral arguments off calendar (the appeal is now under submission for a decision).


As of last night, the Eleventh Circuit appeal is still scheduled for Wednesday, 04/05/2017.


Ninth circuit briefs can be found at my website -> http://blog.californ...g/?page_id=1634