US Corps of Engineers wants comments on regulation of firearms on USACE projects

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  • Alamo

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    U.S. Army Corps of Engineers publishes request for comment on proposed revision to regulation governing possession of firearms
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    Published April 13, 2020[/FONT]
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    [FONT=&amp]WASHINGTON, DC --The U.S. Army Corps of Engineers (USACE) today published in the Federal Register a request for comments on a proposed revision to its regulation governing the possession and transportation of firearms at USACE-managed Water Resources Development Projects.
    Comments may be submitted one of the following ways on or before June 12, 2020:

    • The Federal eRulemaking Portal http://www.regulations.gov. The docket number is COE-2018-0008. Instructions for submitting comments are provided on the portal.
    • E-mail: Firearms@usace.army.mil. Include the docket number, COE-2018-0008, in the subject line of the message.
    • Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-N, Steve Austin, 3F68, 441 G Street NW, Washington, DC 20314-1000
    The proposed revision to Title 36 of the Code of Federal Regulations (CFR), Section 327.13 will align USACE regulations with those of other federal land management agencies and will more appropriately reflect the requirements of current state and local laws authorizing the possession of firearms by individuals. The revision will also eliminate the requirement for individuals to obtain written permission from a District Commander to carry a firearm on USACE-managed lands and waters.

    Since the last amendment of this regulation in 2000, many states have passed laws or amended existing laws to provide for the carrying of firearms by private individuals, in particular for self-defense purposes. In addition, the firearm regulations of other federal land management agencies have been amended in recent years to make them more consistent with the law of the state in which the federal lands are located. The current regulation prohibits the possession of firearms unless being used for hunting, at authorized shooting ranges, or if written permission has been received from the District Commander.

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    https://www.usace.army.mil/Media/Ne...s-request-for-comment-on-proposed-revision-t/[FONT=&amp]
    USACE is one of the nation’s largest federal providers of outdoor recreation, managing more than 400 lake and river projects in 43 states. For information on USACE recreation sites and activities, please visit www.CorpsLakes.us.

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    Leadeye

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    So don't even think about one of those tragic boating accidents because they will jail you just for having the guns in a boat.;)
     

    VERT

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    Thank you Alamo. The ACoE property regulations pertaining to firearms is silly. I have been avoiding their properties as much as I can for years.
     

    Alamo

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    Also see this post, and if you are unfamiliar with Nesbitt v COE, the entire thread that the post is in.
     

    Alamo

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    So don't even think about one of those tragic boating accidents because they will jail you just for having the guns in a boat.;)

    That has been true for a long time. It appears they are considering changing the rules.

    You could probably still be cited for littering or water pollution, I guess. :D
     

    DoggyDaddy

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    Thanks Alamo! I actually had a minor run-in with a C.O. at Lake Monroe one time when there was still some confusion about the regulations (they did the hokey pokey - allowed carry, then changed their minds as I understood it). It went well though. He just told me I couldn't carry on ACoE property (he saw me fishing from my boat with a gun on my hip). Since I was fishing off the back of my boat at my campsite, I just put it in the tent and told him I'd take it back to my truck (yeah, right!). He was cool about it though.
     

    Methane Herder

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    Thank you Alamo. The ACoE property regulations pertaining to firearms is silly. I have been avoiding their properties as much as I can for years.

    The problem is knowing where their authority
    applies. Locally, if you drive across / through a levee closure, you have traversed a ACOE controlled area.

    MH
     
    Last edited:

    Alamo

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    The current ACOE regulation pertaining to firearms:

    § 327.13 - Explosives, firearms, other weapons and fireworks.

    (a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
    (1) In the possession of a Federal, state or local law enforcement officer;
    (2) Being used for hunting or fishing as permitted under § 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
    (3) Being used at authorized shooting ranges; or
    (4) Written permission has been received from the District Commander.
    (b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.
    [65 FR 6901, Feb. 11, 2000]


    The proposed change

    In §  327.13:

    a. Revise paragraph (a);

    b. Redesignate paragraph (b) as paragraph (d); and

    c. Add new paragraphs (b) and (c).

    The revision and additions read as follows:
    § 327.13
    Explosives, firearms, other weapons and fireworks.
    (a) An individual may possess or transport a weapon on any project provided that:
    (1) The individual is not otherwise prohibited by Federal, state, or local law from possessing or transporting such weapon; and
    (2) The possession or transportation of such weapon is in compliance with applicable Federal, state, and local law.
    (b) As used in this section, “weapon” includes any firearm as defined in 18 U.S.C. 921(a)(3)(A), bow and arrow, crossbow, or other projectile firing device.
    (c) The District Commander may modify or revoke the permissions granted by this section when issuing a special event permit under § 327.21.
    (d) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.

    Note that in the proposed version, the District Commander may modify or revoke your "permission" to possess or transport a firearm for a "special event" permitted under § 327.21.

    § 327.21 defines "special event" as

    (a) Special events including, but not limited to, water carnivals, boat regattas, fishing tournaments, music festivals, dramatic presentations or other special recreation programs are prohibited unless written permission has been granted by the District Commander. Where appropriate, District Commanders can provide the state a blanket letter of permission to permit fishing tournaments while coordinating the scheduling and details of tournaments with individual projects. An appropriate fee may be charged under the authority of § 327.23.
    (b) The public shall not be charged any fee by the sponsor of such event unless the District Commander has approved in writing (and the sponsor has properly posted) the proposed schedule of fees. The District Commander shall have authority to revoke permission, require removal of any equipment, and require restoration of an area to pre-event condition, upon failure of the sponsor to comply with terms and conditions of the permit/permission or the regulations in this part 327.
    [65 FR 6902, Feb. 11, 2000]
    Why does the DC get a veto over your right to carry because there's a bass tournament going on?

    I will be making a comment about that.

    For the rest of it, it seems like they are saying you have can have a "weapon" as long as you follow federal, state, and local laws, which seems redundant.

    And no fireworks.
     
    Last edited:

    MarkC

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    The current ACOE regulation pertaining to firearms:



    The proposed change



    Note that in the proposed version, the District Commander may modify or revoke your "permission" to possess or transport a firearm for a "special event" permitted under § 327.21.

    § 327.21 defines "special event" as
    [h=3][/FONT][/COLOR][/FONT][/COLOR]
    Why does the DC get a veto over your right to carry because there's a bass tournament going on?

    I will be making a comment about that.

    For the rest of it, it seems like they are saying you have can have a "weapon" as long as you follow federal, state, and local laws, which seems redundant.

    And no fireworks.

    Comment submitted. Thank you for posting the relevant text of the proposed rule.
     

    GodFearinGunTotin

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    Comment entered.

    U.S. Army Corps of Engineers publishes request for comment on proposed revision to regulation governing possession of firearms
    [FONT=&]
    Published April 13, 2020[/FONT]
    [FONT=&]
    [/FONT]

    [FONT=&]WASHINGTON, DC --The U.S. Army Corps of Engineers (USACE) today published in the Federal Register a request for comments on a proposed revision to its regulation governing the possession and transportation of firearms at USACE-managed Water Resources Development Projects.
    Comments may be submitted one of the following ways on or before June 12, 2020:

    • The Federal eRulemaking Portal http://www.regulations.gov. The docket number is COE-2018-0008. Instructions for submitting comments are provided on the portal.
    • E-mail: Firearms@usace.army.mil. Include the docket number, COE-2018-0008, in the subject line of the message.
    • Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-N, Steve Austin, 3F68, 441 G Street NW, Washington, DC 20314-1000
    The proposed revision to Title 36 of the Code of Federal Regulations (CFR), Section 327.13 will align USACE regulations with those of other federal land management agencies and will more appropriately reflect the requirements of current state and local laws authorizing the possession of firearms by individuals. The revision will also eliminate the requirement for individuals to obtain written permission from a District Commander to carry a firearm on USACE-managed lands and waters.

    Since the last amendment of this regulation in 2000, many states have passed laws or amended existing laws to provide for the carrying of firearms by private individuals, in particular for self-defense purposes. In addition, the firearm regulations of other federal land management agencies have been amended in recent years to make them more consistent with the law of the state in which the federal lands are located. The current regulation prohibits the possession of firearms unless being used for hunting, at authorized shooting ranges, or if written permission has been received from the District Commander.

    [/FONT]
    https://www.usace.army.mil/Media/Ne...s-request-for-comment-on-proposed-revision-t/[FONT=&]
    USACE is one of the nation’s largest federal providers of outdoor recreation, managing more than 400 lake and river projects in 43 states. For information on USACE recreation sites and activities, please visit www.CorpsLakes.us.

    [/FONT]
     

    Alamo

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    So far 256 public comments are registered. Skimming through, [STRIKE]255[/STRIKE] 253 for change, [STRIKE]one[/STRIKE] three against.
     
    Last edited:
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