The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old June 13, 2014, 11:56 AM   #1
BarryLee
Senior Member
 
Join Date: July 29, 2010
Location: The ATL (OTP)
Posts: 2,743
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
BarryLee is offline  
Old 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!!!
born2climb is offline  
Old June 13, 2014, 10:53 PM   #3
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
Iowa? Um, no. Idaho, yes.
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
Old June 14, 2014, 09:38 AM   #4
Ruger480
Senior Member
 
Join Date: February 23, 2013
Location: Central Iowa
Posts: 527
Quote:
Iowa? Um, no. Idaho, yes.
Hunh? Where does Iowa factor in here?
Ruger480 is offline  
Old June 14, 2014, 12:49 PM   #5
BarryLee
Senior Member
 
Join Date: July 29, 2010
Location: The ATL (OTP)
Posts: 2,743
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
BarryLee is offline  
Old June 16, 2014, 11:23 AM   #6
BarryLee
Senior Member
 
Join Date: July 29, 2010
Location: The ATL (OTP)
Posts: 2,743
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
BarryLee is offline  
Old June 18, 2014, 06:11 PM   #7
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,432
Discussion of related case: http://thefiringline.com/forums/showthread.php?t=530397
Aguila Blanca is offline  
Old June 28, 2014, 06:47 PM   #8
62coltnavy
Senior Member
 
Join Date: February 1, 2011
Posts: 215
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.
62coltnavy is offline  
Old August 21, 2014, 12:03 PM   #9
BarryLee
Senior Member
 
Join Date: July 29, 2010
Location: The ATL (OTP)
Posts: 2,743
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
BarryLee is offline  
Old August 21, 2014, 04:42 PM   #10
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 5,501
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)
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak
carguychris is offline  
Old August 21, 2014, 04:59 PM   #11
4thPoint
Member
 
Join Date: August 28, 2012
Posts: 88
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?
4thPoint is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 05:23 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.09055 seconds with 9 queries