Court Holds a Tent is akin to a home under the 2A. (Read 3366 times)

Funtimes

Court Holds a Tent is akin to a home under the 2A.
« on: January 11, 2014, 04:59:44 AM »
I've often said that I think it should apply and that it would be lawful where one could legally have a tent and occupy said space. So kind of funny thing to see a court just rule that.  Here you go:

Court holds that tent's are akin to homes and strikes down Army Corps of Engineers regulation banning firearms near their damns.  So says, Morris v. Army Corps of Engineers 1/10/2014

https://ia800902.us.archive.org/4/items/gov.uscourts.idd.32180/gov.uscourts.idd.32180.42.0.pdf

One thing that also might sway here is that these individuals have authorization to camp in these recreation areas.
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Posts are not legal advice & are my own, unless said so.

HiCarry

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #1 on: January 11, 2014, 09:32:50 AM »
A good decision. Too bad it won't affect Hawaii directly but slowly but surely these infringements will be chipped away....

Thanks for sharing.

punaperson

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #2 on: January 11, 2014, 03:17:15 PM »
Chris, thanks for posting that and the link to the decision. I like the succinct reasoning of the chief judge of the district court, Winmill. He graduated Harvard Law and was appointed by Clinton. Too bad we don't have the same sort of clear-thinking judges in these parts.

I'm going to post some comments on the legislative update thread re SB274, the concealed carry bill to be re-submitted this year by senator Slom, especially regarding 1. the requirement of a private psychiatric/psychological examination to be performed by a government-approved psychiatrist/psychologist as part of qualifying for government approval of/permission for one's right to carry, and 2. the fact that the bill says the county police chiefs may require "Knowledge or aptitude in any other area deemed necessary for licensure by the chief of police of the appropriate county". I'm wondering what your thoughts are about this bill in light of your court case. Thanks.

Funtimes

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #3 on: January 11, 2014, 06:13:42 PM »
Chris, thanks for posting that and the link to the decision. I like the succinct reasoning of the chief judge of the district court, Winmill. He graduated Harvard Law and was appointed by Clinton. Too bad we don't have the same sort of clear-thinking judges in these parts.

I'm going to post some comments on the legislative update thread re SB274, the concealed carry bill to be re-submitted this year by senator Slom, especially regarding 1. the requirement of a private psychiatric/psychological examination to be performed by a government-approved psychiatrist/psychologist as part of qualifying for government approval of/permission for one's right to carry, and 2. the fact that the bill says the county police chiefs may require "Knowledge or aptitude in any other area deemed necessary for licensure by the chief of police of the appropriate county". I'm wondering what your thoughts are about this bill in light of your court case. Thanks.

My thoughts are it will never be heard so it doesn't matter what the bill says. =/  :-\
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Haoleb

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #4 on: January 11, 2014, 07:08:29 PM »
Thanks for posting this, This coming spring I'll be driving across the country from California to Maine and planning on spending a few weeks to do it to tour around the west up along the coast headed north then east over to yellowstone area. I plan on doing a good amount of tent camping along the way and I will be bringing with me my handguns. I do have a concealed carry permit for Maine which is also valid in many other states I will be traveling through but not in all of them. I have been researching the various gun laws in the various states and this is one issue that came up, whether a tent is considered a place of residence or sojurn.

 :thumbsup:

hvybarrels

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #5 on: January 12, 2014, 04:29:31 PM »
That sounds like a great trip. Just watch out for bears.
Is an armadillo just a tactical opossum?

Haoleb

Re: Court Holds a Tent is akin to a home under the 2A.
« Reply #6 on: January 12, 2014, 06:06:28 PM »
That sounds like a great trip. Just watch out for bears.

I have a super redhawk 44 mag  and a guides choice chest holster coming in just for such an occasion. And pick up some bear spray in the first state I go into where it is legal. (Hawaii and Cali is a no go)   :thumbsup:

The better half said the purchase was definitely a go... Hey, any excuse to get another gun is a good excuse in my book!