Case Summary
Issue:
Whether the Second Amendment protects the right of individuals to possess functional firearms in tents within state parks?
Plaintiff:
Al Baker
Defendant:
Allen Biaggi, Director of the Nevada Department of Conservation and Natural Resources; David K. Morrow, Administrator of the Nevada State Parks; Allen Newberry, Nevada State Parks Chief of Operations & Maintenance; Eric Johnson, Nevada State Parks Fallon Region Regional Manager; and Andrew Bass, Park Supervisor I, Wild Horse State Recreation Area
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Case History
Al Baker, a law student at the University of Idaho, is a NRA-certified Home Firearms Safety & Basic Pistol Instructor and is licensed in Idaho, Utah, and Oregon to carry a concealed handgun. He is also an avid outdoorsmen and camps in northern Nevada, just a few hours south of his permanent residence in Boise. One of the camping areas that he has visited in the past and plans to visit in the future is the Wild Horse State Recreation Area in Elko, Nevada, which provides campsites and other primitive amenities and makes an ideal base camp for hunters, hikers, and other outdoor enthusiasts. Mr. Baker has been advised that, if he brings a firearm for personal protection, he will be in violation of state law.
The Nevada Division of State Parks prohibits possession of firearms in state parks, with two narrow exceptions—that is, an unloaded firearm inside a vehicle and a concealed handgun carried by a person licensed pursuant to Nevada law—and prohibits the discharge of firearms, with no exception for self-defense.
Nevada’s ban on firearms prohibits Mr. Baker from possessing a functional firearm when he is camping in Nevada State Parks. He must leave his firearm in his car, unloaded at all times, even in the case of a self-defense emergency. If he were to discharge a firearm in self-defense, that action would also violate the ban. The penalty for violating the Nevada firearms ban is 6 months imprisonment, or a $1,000 fine, or both.
On April 12, 2010, Mr. Baker submitted a special use permit application for a group campsite at the Wild Horse State Recreation Area in Elko, Nevada, stating his intent to possess a functional firearm in his tent for self-defense purposes while camping at Wild Horse State Recreation Area. On June 1, 2010, Nevada officials notified Mr. Baker that he would be in violation of Nevada law if he did so.
On July 13, 2010, Mr. Baker filed his complaint. On August 13, 2010, the State defendants filed their answer.
On September 21, 2010, the district court preliminarily enjoined the State’s gun ban and stayed the case to afford the State time to revise its gun regulations.
On December 30, 2010, the Nevada Department of Natural Resources proposed amendments to its gun regulations to remedy their unconstitutionality. On January 20, 2011, Mr. Baker submitted comments regarding these amendments. On March 21, 2011, the parties filed a stipulated motion to extend the September 21, 2010, preliminary injunction and stay. On March 30, 2011 the court granted the motion, extending the stay and injunction until September 30, 2011. On September 21, 2010, the court temporarily enjoined the gun ban to allow the State of Nevada to revise its gun regulations.
