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standard of review



Injunction against Corps of Engineers gun restrictions

Posted by David Hardy · 13 January 2014 11:55 AM

It's Morris v. US Army Corps of Engineers, D. Idaho, Jan. 10, 2014.

The Corps promulgated a regulation generally forbidding possession of a firearm and other arms (with exceptions for hunting and use at authorized ranges) on land it controls, including 700 dams and associated recreation areas. The court strikes down the regulation on 2A grounds. The court reasons that the regulation affects the core Heller right of self-defense, and that possession in a tent is as protected as possession in a home, the regulation entirely forbids that, and therefore is subject to strict scrutiny.

It reasons that possession for self-defense outside the tent is also protected. It reasons that a complete ban on that is a serious infringement, but it is not necessary to pick a standard of review since this would fail even intermediate review. It grants a preliminary injunction since plaintiffs have proven a "strong likelihood" that they will win at trial.

Permalink · standard of review · Comments (8)