Right to Carry Guns on Federal Recreation Areas, and Right to Possess in Tents on Those Areas

Today’s Morris v. U.S. Army Corps of Engineers (D. Idaho Jan. 10, 2014) strikes down an Army Corps of Engineers regulation barring possession of loaded guns in recreation areas surrounding Corps dams. The court holds that tents are akin to homes, where Second Amendment rights are protected. The court also holds that the Second Amendment protects the right to carry guns as well as to possess them at homes, so that the regulation is unconstitutional even as to carrying outside tents. And the court rejects the argument that the government may restrict such gun possession and carrying on the grounds that the government owns the property, and has no obligation to open the property to the public in the first place.

It’s not clear how the opinion will fare on appeal, but the case should be interesting to watch. Thanks to Charles Nichols for the pointer.

Powered by WordPress. Designed by Woo Themes