Army Corps of Engineers Request Comments Governing Firearms Policy on USACE Managed Water Development Projects

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Quote:On April 13, 2020, the Corps published in the Federal Register a request for comments on a proposed revision to its regulation governing the possession and transportation of firearms at USACE-managed Water Resources Development Projects.



Texas State Rifle Assn.
Political Action Committee

Premier Firearms Association In The Great State Of Texas!


Greetings!

Call to action! Get involved!

In the midst of the crisis, there have been key displays of pro-Second Amendment leadership by Texas’ Attorney General Ken Paxton and Governor Greg Abbott. Early on, Paxton issued a critical opinion upholding the state firearms preemption law and prohibiting municipalities and counties from restricting retail firearms sales through local shutdown orders. And when Abbott issued a statewide emergency order, he followed U.S. Department of Homeland Security guidelines which included workers for gun manufacturers, firearm retailers and shooting ranges as essential.

The COVID-19 pandemic and mitigation tactics to curb the spread of the virus turned our world upside down. Amid the ongoing COVID-19 related challenges, we have an opportunity to restore Second Amendment rights on U.S. Army Corps of Engineers' (USACE) land. USACE is the nation's largest provider of water-based outdoor recreation. It administers 422 lake and river projects in 43 states, spanning 12 million acres, encompassing 55,000 miles of shoreline and 4,500 miles of trails, and including 90,000 campsites and 3,400 boat launch ramps. Waters under its control constitute 33 percent of all U.S. freshwater fishing.

How did we get here? A general prohibition against firearms on USACE property dates back to the Nixon Administration. The last significant amendment to this regulation was in 2000. Since then, many states have expanded their own carry laws and the firearm regulations of other federal land management agencies, including the National Park Service and National Wildlife Refuge System, have been amended to allow for gun possession on property under their jurisdiction. However, USACE regulations have continued to prohibit the possession of firearms except in limited circumstances:

(a.) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows, and arrows, crossbows, or other weapons is prohibited unless (1) In the possession of a Federal, state or local law enforcement officer; (2) Being used for hunting or fishing as permitted under § 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites; (3) Being used at authorized shooting ranges; or (4) Written permission has been received from the District Commander. (b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.

Just like most government agencies, change has not come quickly at USACE. But thanks to a lawsuit brought by the Mountain States Legal Foundation – a non-profit entity in Denver that defends constitutional liberties, economic freedom and private property rights – the Corps has announced that it is finally reconsidering the gun ban on its outdoor property.

In Nesbitt v. U.S. Army Corps of Engineers, MSLG filed a lawsuit in federal court challenging the constitutionality of the USACE gun ban on behalf of two Idaho residents with permits to carry for self-defense who regularly used Corps-managed lands. In 2014, a U.S. District Court judge found in favor of the plaintiffs, ruling the USACE firearms prohibition violated the Second Amendment and the court blocked the Corps from enforcing it in Idaho. The Corps was set to appeal before the Ninth Circuit, but just before oral arguments were to begin, it filed a request to be removed from the calendar and announced its intention to reconsider its gun policy.

On April 13, 2020, the Corps published in the Federal Register a request for comments on a proposed revision to its regulation governing the possession and transportation of firearms at USACE-managed Water Resources Development Projects.

Specifically, the proposed revision to Title 36 of the Code of Federal Regulations (C.F.R.) Section 327.13 would remove the requirement that an individual obtain written permission before possessing a weapon on a Corps project, which is a requirement except when the possession occurs for certain authorized recreation purposes. In doing so, the revised regulation would permit an individual to possess a weapon and associated ammunition when the possession both complies with the Federal, state, and local law where the project is located, and the individual is not otherwise prohibited by law from possessing the weapon. This change would reduce the burden on the public by eliminating the requirement to obtain written permission before possessing a weapon, but it would not change the fact that individuals already may, at present, possess weapons on Corps projects if they receive appropriate permission.

This will align USACE regulations with those of other federal land management agencies, such as NPS and the National Wildlife Refuge System, and it will more appropriately reflect current state and local statutes authorizing the carrying and possession of firearms by law-abiding citizens.

Comments will be accepted through June 12, 2020.
Comments on the proposed Army Corps of Engineers change may be submitted in one of these ways:
· Online: regulations.gov. The docket number is COE-2018-0008, with instructions provided on the portal.
· E-mail: Firearms@usace.army.mil. Include the docket number, COE-2018-0008, in the subject line of the message.
· Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-N, Steve Austin, 3F68, 441 G Street NW, Washington, DC 20314-1000

Include docket number COE-2018-0008 in the subject line or letter.

Texas State Rifle Association
Hotline: 866-897-4353 (TX-RIFLE)
Local: 512-615-4200
944 Hwy 71
E Bastrop, TX 78602


 
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