Conclusion
The regulation banning the use of handguns on Corps’ property by law-abiding
citizens for self-defense purposes violates the Second Amendment. While the Corps
retains the right to regulate the possession and carrying of handguns on Corps property,
this regulation imposes an outright ban, and is therefore unconstitutional under any level
of scrutiny, as set forth in Heller and Peruta. The Court recognizes that this result
conflicts with GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Engineers, 2014 WL
4059375 (N.D.Ga. Aug. 18, 2014), but the Court’s decision is dictated by the law of the
Ninth Circuit, namely Peruta.
As a matter of law, the Corps is correct: the ruling does only apply in that court's district.It'd be nice if they'd get their heads out of their kiesters, but I'd imagine that they'd keep to their current line--that the ruling only applies in that court's jurisdiction.
See above. Precedent is only binding within a court's jurisdiction; it may be persuasive elsewhere, but the degree of weight given to a foreign court's ruling is entirely up to the discretion of the forum court. To wit:With that case as a precedent, you might be able to fight it here if you got busted. My problem is that I ain't rich enough to make case law...
In this case, the district court is properly submitting to the authority of its superior appellate court (9th Circuit). The Supreme Court is superior to the circuit court, but SCOTUS hasn't given us a clear ruling on the specific limits (and likely won't), so the circuit courts get to make that decision until the high court specifically reverses a circuit court ruling.Too bad GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Engineers, wasn't the same outcome.
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