Nesbitt (Morris) v. U.S. Army Corps of Engineers!

[TresHuevos]

This will take awhile.

I agree. It scares me to death that OCT (locally) and NAGR (nationally) might try to get into the mix. But as long as they stay out of it, I think this house of cards eventually collapses......particularly if dems lose big next month and in 2016.

I'd love to sponsor a two year or so, vacation in root cellar for those guys. Once they come out the smoke should have cleared and they would be relatively harmless.

[ELB]

It has been almost a year since the Federal District Court in Idaho tossed out the US Army Corps of Engineer's (henceforth "COE") regulation essentially banning firearms as unconstitutional because it provided no serious avenue for self-defense.

The COE chose to appeal the decision to the 9th Circuit.

Since then there has been a flurry of paperwork from both sides. The COE appears to have changed or added some lawyers and filed their appeal paperwork. The good guys have filed some answering documents, and other groups have weighed in as Amici Curiae: the NRA, the California Rifle and Pistol Association, and GeorgiaCarry.org.

Also, the name of the case has changed: It is now Elizabeth E. Nesbitt et al v. US Army Corps of Engineers et al. Original plaintiff Elizabeth Morris is now known as Elizabeth E. Nesbitt. (There are two plaintiffs, the other being Alan Baker).

I don't know when the 9th will actually take up the substance of the appeal.

This seems a handy place to get a good overview of the legal paper barrage: http://michellawyers.com/morris-v-u-s-a ... engineers/

[s3779m]

I have tried to keep up, off and on with this case but have not seen anything new in about 8 months. Does anyone know if it is moving forward, dropped or has it been ruled on? I take it we still can not carry on acoe land here in Texas?

[chasfm11]

I have tried to keep up, off and on with this case but have not seen anything new in about 8 months. Does anyone know if it is moving forward, dropped or has it been ruled on? I take it we still can not carry on acoe land here in Texas?

I contacted the office of Congressman Burgess. I asked him to intervene with the Ft. Worth COE based on this case. My question was: why is it necessary for a citizen in every COE District to have to file a lawsuit when the COE has already lost and this could be fixed by executive action from the district commander. Nothing came of it. Frankly, I didn't have very high hopes of success but I thought it worth a try.

[s3779m]

I have tried to keep up, off and on with this case but have not seen anything new in about 8 months. Does anyone know if it is moving forward, dropped or has it been ruled on? I take it we still can not carry on acoe land here in Texas?

I contacted the office of Congressman Burgess. I asked him to intervene with the Ft. Worth COE based on this case. My question was: why is it necessary for a citizen in every COE District to have to file a lawsuit when the COE has already lost and this could be fixed by executive action from the district commander. Nothing came of it. Frankly, I didn't have very high hopes of success but I thought it worth a try.

Thank you for the effort, starting to look as if this right is going to get pigeon holed and dragged out for years.

[KLB]

I have somehow managed to be blissfully unaware of the Corps position. I never thought about it. Years ago, I took a couple of canoe trips in the Angelina-Neches Forks area. I was not then used to paddling where alligators were common, so I took my .45. Fortunately I never needed the .45 and no one found me with it. Having now done more such paddling, I would not worry so much about leaving the .45 behind, though I'd still prefer to have it.

It's easier to explain your thoughts to a jury than to an alligator. And the consequences of losing are less severe.

[ELB]

Via No lawyers - Only Guns and Money
a press release from the Mountain States Legal Foundation:

DENVER, CO. An Idaho woman who is barred from carrying a functional firearm for self-defense when she visits vast federal recreational facilities today learned of the Trump administration’s intention to codify her victory before an Idaho federal district court, which ruled the federal government agency’s ban on firearms violates the Second Amendment, at the U.S. Court of Appeals for the Ninth Circuit. Elizabeth E. Nesbitt of Nez Perce County is licensed to carry a concealed weapon, regularly carries a concealed weapon, and often seeks to recreate on lands managed by the U.S. Army Corps of Engineers. Because Corps of Engineers regulations ban functional firearms, even while camped in tents, Ms. Nesbitt is subject to criminal prosecution if she attempts to exercise her Second Amendment rights. Alan C. Baker, a firearms instructor and resident of Idaho’s Latah County, is a co-plaintiff in the suit, which was filed in August of 2013 in Idaho federal district court. The Corps of Engineers did not reply to requests from the attorney for Ms. Nesbitt and Mr. Baker, Mountain States Legal Foundation (MSLF), seeking an exemption from its firearm ban, a ban that has not changed since the landmark Heller ruling by the Supreme Court of the United States.

“On the eve of oral arguments before the Ninth Circuit in Seattle, federal lawyers filed an emergency motion stating their clients’ intention to ‘reconsider[] the firearms policy,’ which the panel granted moments ago,” said William Perry Pendley of Mountain States Legal Foundation. “We are pleased the U.S. Army Corps of Engineers will at last comply with the Constitution.”

...

There is more text to the press release, but it is background info on the USACE, the plaintiffs, and the MSLF

Full press release here.

This sounds like the Trump DOJ is going to have the USACE change their regulations to comply with the ruling of the federal district court. That would have effect nation wide.

Good news indeed!

[RHenriksen]

Smells like... Freedom!

[Tylerscott20]

[locke_n_load]

Via No lawyers - Only Guns and Money
a press release from the Mountain States Legal Foundation:

DENVER, CO. An Idaho woman who is barred from carrying a functional firearm for self-defense when she visits vast federal recreational facilities today learned of the Trump administration’s intention to codify her victory before an Idaho federal district court, which ruled the federal government agency’s ban on firearms violates the Second Amendment, at the U.S. Court of Appeals for the Ninth Circuit. Elizabeth E. Nesbitt of Nez Perce County is licensed to carry a concealed weapon, regularly carries a concealed weapon, and often seeks to recreate on lands managed by the U.S. Army Corps of Engineers. Because Corps of Engineers regulations ban functional firearms, even while camped in tents, Ms. Nesbitt is subject to criminal prosecution if she attempts to exercise her Second Amendment rights. Alan C. Baker, a firearms instructor and resident of Idaho’s Latah County, is a co-plaintiff in the suit, which was filed in August of 2013 in Idaho federal district court. The Corps of Engineers did not reply to requests from the attorney for Ms. Nesbitt and Mr. Baker, Mountain States Legal Foundation (MSLF), seeking an exemption from its firearm ban, a ban that has not changed since the landmark Heller ruling by the Supreme Court of the United States.

“On the eve of oral arguments before the Ninth Circuit in Seattle, federal lawyers filed an emergency motion stating their clients’ intention to ‘reconsider[] the firearms policy,’ which the panel granted moments ago,” said William Perry Pendley of Mountain States Legal Foundation. “We are pleased the U.S. Army Corps of Engineers will at last comply with the Constitution.”

...

There is more text to the press release, but it is background info on the USACE, the plaintiffs, and the MSLF

Full press release here.

This sounds like the Trump DOJ is going to have the USACE change their regulations to comply with the ruling of the federal district court. That would have effect nation wide.

Good news indeed!

Any news on when? So we can stop having to research parks before going to them???

[TreyHouston]

with all the crime that happens in parks, this law has just been stupid! I don't even really understand what the US Army corps of engineers do anyway (nor do I care, PLEASE don't tell me). Military bases is what I am waiting for next. Don't get me started on that!

[Liberty]

Great News! The 4 years this has taken is ridiculous. I hope they permanently fix this for the rest of us soon.

[ELB]

Any news on when? So we can stop having to research parks before going to them???

No, it's just an announcement. Looks like the DOJ just notified the judge on about 3/1 or 3/2 of their change in position. Since it is a federal regulation, I presume it will have to be drafted, then put out for comments for (I think) 120 days, then comments evaluated etc, before being finally published.

So months, not days. But not years either.

[TexasJohnBoy]

Good news indeed!

[ELB]

Dave Kopel comments on the latest change