Posted on 10/30/2017 8:28:28 AM PDT by marktwain
It has been seven months since the U.S. Army Corps of Engineers agreed to settle the two Second Amendment cases before the Ninth and Eleventh Circuits, respectively.
The Ninth Circuit case, Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al, was sent to mediation, for settlement on March 3rd.
The 9th Circuit case was ready for oral argument on March 6. But on March 2, the Corps filed a request to remove the oral argument from the calendar and to put the case into mediation. The motion explained: “The Army Corps of Engineers is reconsidering the firearms policy challenged in this case, as well as plaintiffs’ requests for permission to carry firearms on Army Corps property. This reconsideration has the potential to fully resolve plaintiffs’ objections.”
The Eleventh Circuit case, GeorgiaCarry.Org, Inc., et al v. U.S. Army Corps of Engineers, et al, quickly followed on March 7th.
That indicated a Trump administration willingness to reform the Corps of Engineers regulations to allow for the exercise of Second Amendment rights on land managed by the U.S. Army Corps of Engineers.
The way seemed clear for a quick resolution. A U.S. Government defendant in a Constitutional rights case, does not agree to go to mediation on a whim. Not when they have been vigorously fighting the cases for years. I suspect the Corps is finding ways to drag out the mediation process, hoping that the President Trump administration will go away. Here is what has happened in the Ninth Circuit mediation. The Eleventh Circuit case is still in mediation as well.
(Excerpt) Read more at ammoland.com ...
No.
Looks like straight up foot dragging.
FWIW:
There are no natural lakes in Georgia. Most of the land immediately surrounding the large lakes is owned by the Corps of Engineers, and is basically a long series of connected parks popular with the locals. There is, of course, almost-but-not-quite zero security present at these parks, little more than entrance-fee collectors where they do exist, along with an occasional ranger. So, personal security is entirely up to individuals.
GA is quite friendly to both concealed & open carry of handguns - except for anywhere hinting of government property. After much legal wrangling, most non-building government property has been declared “weapons carry” friendly, but still kinda tense. CoE property is the remaining popular recreational area where it’s very reasonable to want to carry defensive weapons, but remains flatly “gun free zone” (likely wildly ignored).
Hence the interest in persuading CoE to end the gun ban. It’s only gov’t property for maintenance purposes, having nothing to do with military use, and having practically no active security. Georgia’s largest domestic gun rights group is doing well to get this resolved amicably - and soon.
Dragging it out further, however, seems a resistance tactic. We’re 1 year thru Trump’s first (and hopefully not last) term, and the CoE wants to stall for what presumably will be another year. Not good. Trump needs to rattle someone’s cage - especially as there’s no question lots of otherwise law-abiding citizens are choosing carry over disarm, with no ill effects.
“....owned by the Corps of Engineers..”
The Corps doesn’t own squat. The people of these United States own it. The Corps is just the custodian.
Legal terminology. Quibbling over colloquial verbiage won’t help resolve the actual issue.
It is important and I would settle that before I moved forward with any case with .gov. BTW I have argued this exact issue in Federal court and got agreement from the Court that it was correct and had relevance.
Nice to see David Codrea also writing at ammoland, you kee good company.
I consider David a friend.
Mike Vanderboegh was a friend, before he died. Great guy.
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