“I am writing you today with the hope that I can stir some interest in you to write an article concerning regulation 36 CFR Part 327.13 which pertains to the possession and transportation of firearms on United States Army Corps of Engineers (USACE) water resources development projects,” an email from a correspondent who has been trying for years to get restrictions cut back explained. “The current regulation is inconsistent with other Federal Land Management agency regulations in that it requires an individual to be granted written permission from USACE District Commanders rather than follow the applicable federal, state and local laws. The written permission, once obtained, must be carried along with your state issued concealed carry license, state or federal ID and be presented to individuals with authority upon request when on USACE properties.”
Complete rules and regulations are as follows:
36 CFR § 327.13 – Explosives, firearms, other weapons and fireworks.
- 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]
Armed Attorneys addressed this on their popular YouTube channel back in March (video below), emphasizing that penalties for violating the rules can include “fines up to $5,000 and six months in prison.”
They also reminded viewers of a legal challenge, Morris v. U.S. Army Corps of Engineers, summarizing its outcome:
“Court applied strict scrutiny, finding the ban burdened a core Second Amendment right—self-defense in one’s tent. Case was appealed to the Ninth Circuit but later dismissed after the Corps agreed to consider policy changes.”
They then cited Proposed Rule Change (COE-2018-0008) from April 2020, noting “The Corps proposed aligning their policy with National Parks, allowing lawful carry, but no updates have been made.”
“The proposed changes to 36 CFR 327.13 provide consistency and makes it easier for the law-abiding citizen to stay in compliance with laws and regulations,” my correspondent wrote in his comment. “The proposed changes … are greatly needed and welcomed by those that choose to frequent USACE properties and desire to do so while armed.”
He did have one objection.
“I do not support the proposed change to include 36 CFR 327.13(c) giving the District Commander discretion to modify or revoke permissions granted by 36 CFR 327.13 when issuing a special event permit,” he explained. “People could find themselves afoul of the law, unbeknownst to them, by allowing their right to carry a firearm to be revoked or modified arbitrarily because of a special event.”
That this is still unresolved and no changes have been made five years later is intolerable. It’s understandable why nothing was done during the anti-gun Biden administration, but with Donald Trump once more in office, there is no excuse for it to continue. Trump has authority to issue an executive order directing the Corps to change its regulations within the framework of required legal processes and the Administrative Procedure Act (APA).
A command guidance memorandum was issued in 2018 during Trump’s first term outlining discretionary authority, and infringements are still in place. As Commander in Chief, gun owners who put him in office twice have every right to expect him and “pro-gun” SecDef Pete Hegseth to call the Corps of Engineers top brass on the carpet, tell them they’re not exempted from the spirit and intent of the president’s February executive action, “Protecting Second Amendment Rights,” they’ve had more than enough time, and order them to get the lead out and finalize and start implementing positive changes without any more excuses or delays.
These lands belong to the people, and the people have the right to keep and bear arms. And while the ultimate goal should be compliance with “shall not be infringed,” relaxing the rules — to borrow a phrase from prohibitionists who use incrementalism to advance their goals — can be considered a “good first step.”
Gun owners can urge the president to act in several ways, via comments on X.com or Truth Social, via The White House contact page, via U.S. Mail, or telephone.
Addendum:
Host Mark Walters and I talked about this Wednesday on Armed American Radio’s “Daily Defense.” This could be an opportunity for an easily doable win for Donald Trump and help galvanize gun owners before the midterms, and also has incentives for Second Amendment groups to get behind it and rally their members.
Listen to the show’s podcast here.
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About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
