Injunction issued Against Army Corps Ban

[RoyGBiv]

Judge Strikes Down Gun Ban on Army Corps of Engineers’ Land (http://www.thetruthaboutguns.com/2014/01/robert-farago/judge-strikes-down-gun-ban-on-army-corps-of-engineers-land/)

Preliminary injunction issued.

Also: Here (http://armsandthelaw.com/archives/2014/01/injunction_agai.php)

Memorandum and Order (http://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf) **PDF will open.


IT IS FURTHER ORDERED, that the motion for preliminary injunction (docket
no. 4) is GRANTED. The Corps is enjoined from enforcing 36 C.F.R. § 327.13 as to
law-abiding individuals possessing functional firearms on Corps-administered public
lands for the purpose of self-defense. This preliminary injunction shall remain in force
until further notice of the Court.

A win, albeit possibly temporary.

[RoyGBiv]

Does an injunction issued in the 9th (ID & W Coast) apply in the 5th (TX/OK) without a specific contrary finding in the 5th?

[Mitchell, Esq.]

Does an injunction issued in the 9th (ID & W Coast) apply in the 5th (TX/OK) without a specific contrary finding in the 5th?

Nope.

Different circuits, different worlds.

In the second circuit, ccw is not a right that must be protected... in the seventh...

Ask Chicago. ;)

[RoyGBiv]

It makes sense to me that if the States of TX and ID had such a rule, and ID had an injunction in the 9th, the 9th Circuit decision can still be tested against rule violations occurring in TX, in the 5th... Since the 9th-Circuit order was not placed against TX.

However, if an entity (in this case ACOE) is prohibited by the 9th circuit from enforcing their rule, can the SAME entity violate an order of the 9th Circuit somewhere else in the country?

[idahojess]

Good ruling.

[Drang]

As an aside, pro-gun rights rulings from the 9th Circus are pretty noteworthy.

[joshs]

This is a ruling, and only a preliminary one so it isn't final, of the Idaho federal district court, not the 9th Circuit.

[RoyGBiv]

Still two questions in my mind..

1. Can ACoE enforce this regulation in any other jurisdiction, or does the injunction apply nationally?
2. If I am caught violating the regulation today (in Idaho, for this example), can ACoE bring charges later, if/when the injunction is eventually lifted?