Georgia Man v. Army Corps of Engineers

BarryLee · June 13, 2014, 11:56 AM

David James has filed suit against the Army Corps of Engineers after they denied his request to bring a gun to Georgia’s Lake Allatoona. Mr. James visits and camps regularly on property managed by the corps and asked that the District Commander grant him permission to carry a gun which was denied.

Mr. James believes this is a violation of his Second Amendment rights and has filed suit in the Northern District of Georgia. He is being represented by Attorney John Monroe of gun rights group Georgia Carry.org.

I’m not sure how or even if ongoing litigation against the Corps of Engineers in other places like Iowa play into this either way, but obviously this is an issue for all citizens.

http://www.ajc.com/news/news/pauldin...ke-alla/ngKsj/

born2climb · June 13, 2014, 12:32 PM

I think the Corp needs to remember that they are like the rest of us, that they breathe the same air, and like the rest of us, wipe from either the front or the back....and realize that they have NO RIGHT to deny us the right to carry on their precious territory...which, by the way, was bought from taxpayers...with taxpayer monies...for the purpose of charging said taxpayers to access same property....

Al Norris · June 13, 2014, 10:53 PM

Iowa? Um, no. Idaho, yes.

Ruger480 · June 14, 2014, 09:38 AM

Quote:

Iowa? Um, no. Idaho, yes.

Hunh? Where does Iowa factor in here?

BarryLee · June 14, 2014, 12:49 PM

Oops, sorry guys I obviously meant Idaho.

BarryLee · June 16, 2014, 11:23 AM

Here’s a link to the actual documents filed in this case.

http://georgiacarry.com/national/army_coe/

**Aguila Blanca** · June 18, 2014, 06:11 PM

Discussion of related case: http://thefiringline.com/forums/showthread.php?t=530397

62coltnavy · June 28, 2014, 06:47 PM

The preliminary injunction against the ACE is still in effect, and, it would seem, the individual local offices have not been notified. How about a motion for preliminary injunction with the Idaho court order attached? If ACE is not allowing carry a the lack, it is in contempt of the injunction order.

BarryLee · August 21, 2014, 12:03 PM

A Federal judge has refused to grant a request to temporarily allow guns on Corps of Engineers managed land in the state of Georgia. This does not impact the ongoing suit brought earlier.

http://www.ajc.com/news/news/state-r...llatoon/ng6fQ/

carguychris · August 21, 2014, 04:42 PM

Quote:

Originally Posted by 62coltnavy

The preliminary injunction against the ACE [in Morris v. USACE] is still in effect, and, it would seem, the individual local offices have not been notified. How about a motion for preliminary injunction with the Idaho court order attached?

The plaintiffs did just that. Judge Harold Murphy essentially says that the injunction in Morris v. USACE is irrelevant because:

The injunction is not final; "...the order Plaintiffs rely upon is an order granting a preliminary injunction, not a final order on the merits..." and "...This lack of finality alone precludes any application of collateral estoppel in this case." (Pgs. 11-12)
The injunction in Morris v. USACE was improperly applied; "...it is a well founded legal principle that the government cannot be subjected to offensive collateral estoppel." (Pg. 12)

4thPoint · August 21, 2014, 04:59 PM

It may be interesting to see how two similar cases against the same defendant, filed in to different jurisdictions plays out. Will the outcome be that citizens are guaranteed their rights in one federal district but are denied them in another?

Is it too early to make a District 9 joke?

June 13, 2014, 11:56 AM	#1
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Georgia Man v. Army Corps of Engineers David James has filed suit against the Army Corps of Engineers after they denied his request to bring a gun to Georgia’s Lake Allatoona. Mr. James visits and camps regularly on property managed by the corps and asked that the District Commander grant him permission to carry a gun which was denied. Mr. James believes this is a violation of his Second Amendment rights and has filed suit in the Northern District of Georgia. He is being represented by Attorney John Monroe of gun rights group Georgia Carry.org. I’m not sure how or even if ongoing litigation against the Corps of Engineers in other places like Iowa play into this either way, but obviously this is an issue for all citizens. http://www.ajc.com/news/news/pauldin...ke-alla/ngKsj/ __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

June 13, 2014, 12:32 PM	#2
born2climb Senior Member Join Date: January 17, 2013 Posts: 140	I think the Corp needs to remember that they are like the rest of us, that they breathe the same air, and like the rest of us, wipe from either the front or the back....and realize that they have NO RIGHT to deny us the right to carry on their precious territory...which, by the way, was bought from taxpayers...with taxpayer monies...for the purpose of charging said taxpayers to access same property.... __________________ Don't invest in idiots....the market's flooded!!!

June 14, 2014, 12:49 PM	#5
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Oops, sorry guys I obviously meant Idaho. __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

June 16, 2014, 11:23 AM	#6
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Here’s a link to the actual documents filed in this case. http://georgiacarry.com/national/army_coe/ __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

August 21, 2014, 12:03 PM	#9
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	A Federal judge has refused to grant a request to temporarily allow guns on Corps of Engineers managed land in the state of Georgia. This does not impact the ongoing suit brought earlier. http://www.ajc.com/news/news/state-r...llatoon/ng6fQ/ __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

June 13, 2014, 10:53 PM	#3
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Iowa? Um, no. Idaho, yes.

June 18, 2014, 06:11 PM	#7
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,457	Discussion of related case: http://thefiringline.com/forums/showthread.php?t=530397

June 28, 2014, 06:47 PM	#8
62coltnavy Senior Member Join Date: February 1, 2011 Posts: 356	The preliminary injunction against the ACE is still in effect, and, it would seem, the individual local offices have not been notified. How about a motion for preliminary injunction with the Idaho court order attached? If ACE is not allowing carry a the lack, it is in contempt of the injunction order.

August 21, 2014, 04:59 PM	#11
4thPoint Junior member Join Date: August 28, 2012 Posts: 240	It may be interesting to see how two similar cases against the same defendant, filed in to different jurisdictions plays out. Will the outcome be that citizens are guaranteed their rights in one federal district but are denied them in another? Is it too early to make a District 9 joke?

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