Texas-Book-Gun Law Armed And Educated - Flipbook - Page 301
near a project site (e.g., private or state-owned shoreline near a
USACE lake). Simply put, if the USACE does not own the property
in whole, then the prohibition on the possession and carrying of
firearms will not apply under this regulation. Unfortunately, these
boundaries and ownership are oftentimes unclear. To be safe, be
on the lookout for signs prohibiting the possession of these items
and contact the office of the USACE project site for clarification.
See 36 CFR § 327.30(d).
The exception to this general prohibition falls into the hands of
USACE “District Commanders.” The prohibition against the
possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, or other weapons
does not apply if “written permission has been received from
the District Commander.” Additionally, the following evidence
suggests that this exception may be used more often than you
would think. See 36 CFR § 327.13(a)(4).
In 2018, the Chief of Operations and Regulatory Division Directorate
of Civil Works promulgated a memorandum providing guidance on
firearm possession requests. The memorandum explained that the
primary consideration in determining whether a request is granted
should be based on whether possession would interfere, impede, or
disrupt the use of a project, or otherwise impair safety; however,
District Commanders have complete discretion. As part of the
memorandum, an example permission letter was provided with
instructions on requirements the District Commander must impose
if granting such a request.
If such permission to possess a loaded firearm is granted, district
commanders are required to impose the following conditions:
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