- Joined
- May 5, 2022
I took a quick gander at the PDF, he is indeed attacking the law on the same vein as it applies post-change 2014, and also as the two cases in Florida and Texas currently.Anyway considering the law has indeed changed since that suit, and in the direction Kurt was pushing, he may indeed have been on to something.
A few notes:
1) He is arguing the lawn of the federal complex is not part of the "building", therefore he cannot be banned from carrying a firearm there as a defense to the per 16 U.S. Code § 1a–7b,
Congress did amend the law in 2014 with 54 U.S.C. 104906 or a policy change now reflects that. I'm not sure how the law reading "National Wildlife refuge" plays into that.
2) He is arguing that is 1) moot because under the plain text reading of 18 U.SC. § 930 (d) he would be lawfully carrying for a purpose (attending a venue), and therefore have met the qualifications laid out in statue. Therefore the policy of a blanket firearms ban by the NPS is unconstitutional. This is the argument in current FPC Inc v. Garland and US. v. Ayala, Kurt's case was denied as it was still under the logic of D.C v. Heller and not NYSRPA v. Bruen for the "Historical analogue review" that now has been modified by (again) U.S v. Rahimi.
3) His relief is to enjoin the gov from banning firearms from being carried in the center and as the court sees equitable and necessary.
4) He has a Virginia CHL and therefore meets the burden to lawfully carry in the state of Virginia
5) He has a Florida non-resident CHL so Kurt's behavior is explained by him being an honorary Florida man.

18 U.SC. § 930 (d)
16 U.S. Code § 1a–7b(d)Subsection (a) shall not apply to—
the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(b)Protection of right of individuals to bear arms in units of the National Wildlife Refuge System The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any unit of the National Wildlife Refuge System if—
(1)
the individual is not otherwise prohibited by law from possessing the firearm; and
(2)
the possession of the firearm is in compliance with the law of the State in which the unit of the National Wildlife Refuge System is located.