Constitutional Law

ACLU's thoughts on Heller

Posted on June 27, 2008
Press release here. Interesting how they treat different rights. Habeas for Gitmo detainees: a blow to the Bush mad dogs: "NEW YORK - The Supreme Court ended its 2007 Term by rejecting a centerpiece of the Bush administration's crumbling Guantánamo policy for the third time in four years while recognizing, for the first time in American history, an individual right to bear arms under the Second Amendment...

Heller, women and gays

Posted on June 27, 2008
Ann Althouse suggests that the Heller women's amicus brief may have been abstracted into Scalia's opinion. "The argument about handguns and upper-body strength is explicitly a women's rights argument in at least one brief..." Given the words employed in both, it's convincing to me...

Suit to overturn public housing gun bans in San Francisco

Posted on June 27, 2008
NRA filed one today. UPDATE: this is first I heard of it. I'm of counsel to Chuck Heller & the guys, but haven't gotten any info. The news report was the first I heard. Understand, I've gotten 580 emails in the last two days, so haven't been playing close attention...

Website for Chicago gun case

Posted on June 26, 2008
Here it is. Plaintiffs are local residents, the Ill. State Rifle Ass'n and Second Amendment Foundation. Attorneys are Alan Gura and the legal team that won in Heller. They certainly wasted no time!

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Stevens' dissent--egad!

Posted on June 26, 2008
Comment on to previous post points out at p.2 of the Stevens dissent he refers to NFA and US v. Miller: "Upholding a conviction under that Act, this Court held that..." Same mistake the 9th Circus made years ago and had to issue a new opinion, since Miller was never convicted -- commentators noted this was pretty suggestive the court hadn't bothered to read Miller before citing it...

Not wasting time....

Posted on June 26, 2008
Ill. State Rifle Assn and NRA have sued to challenge the Chicago handgun ban. And those of its suburbs. Another suit planned against San Francisco.

DC's reaction

Posted on June 26, 2008
Press release here. They propose to declare an amnesty, among other things. Hat tip to Jack Anderson...

Thoughts on the Steven dissent

Posted on June 26, 2008
There are two dissents, each joined by the three other Justices in dissent. Stevens' I don't find at all persuasive. He buys the District's argument that "The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia...

Gratuitious self serving plug

Posted on June 26, 2008
Just wanted to mention that I distribute the first documentary DVD on the right to arms, In Search of the Second Amendment. Distribution page is here. I suppose.... the Second Amendment has now been found! I'd appreciate if anyone could get the word out...

Skimming Heller decision for key points

Posted on June 26, 2008
30-31: shoots down argument 2A was just meant to allow states to arm militia if feds neglected it. That was addressed by separate state proposals for a BoR, which were rejected by First Congress. "Justice Stevens flatly misreads the historical record...

HELLER WIN!

Posted on June 26, 2008
Reading the opinion (150 pgs with dissents) now. Scalia writes. It's 5-4, the majority signing the one opinion, no concurrences or fragmentation. Individual right not linked to militia service. No need to settle standard of review, since a complete ban on a wide class of arms fails all of them...

Prof. O'Shea on Heller and Scalia

Posted on June 25, 2008
Over at Concurring Opinions. Perceptive, as always. Tommorrow we'll know, or maybe not. Seven opinions left. The Court will either announce Heller... or not, and set one more day for opinion release (probably tho not certainly Thursday).

Next National Firearms Law Seminar set for Phoenix, May 2009

Posted on June 25, 2008
Click here for date and location; more details coming later. What with the decision tommorrow, there will be plenty to talk about!

Gun blogger vote

Posted on June 25, 2008
Just a reminder that there's still time to cast your vote in the ParaUSA competition for best gun blog. Voters have a chance to win a 1911 and a weekend of training. Just click here to vote.

"Fractured decisions"

Posted on June 25, 2008
Happened today in Giles v. California. Scalia wrote for the Court except as to part D(2) of the decision, but only he signed the main opinion. Three Justices concurred in it entirely, and two more concurred as to all but D(2). Which means that while (D)(2) is in the main opinion, it didn't get five votes...

Background on interpretation

Posted on June 25, 2008
Just as a background to Armageddon... there are several schools of thought as to how you interpret a constiutional or statuory provision, and we may see them all in play tommorrow. Note that a judge may use one of them, or a mixture, or explain his/her position by saying it's justified under more than one...

No Heller today, should be tommorrow

Posted on June 25, 2008
Court had seven opinions left, announced four of them today (including no death penalty for child rape, and limiting punitives in Exxon-Valdez under maritime law). Three left for tommorrow: Heller, a campaign finance case, and one on energy contracts...

FLA court delays challenge to parking lot self defense

Posted on June 25, 2008
Story here. Florida enacted a requirement that employers allow CCW permittees to leave firearms in a locked car in their parking lots, the Chamber of Commerce filed a challenge, and the judge ruled that he had some other, more serious matters, to attend to, come back in July...

Curse of the gunnies, pt. 203...

Posted on June 24, 2008
February 2008: Baltimore mayor Sheila Dixon hosts the regional meeting of Bloomberg's Mayors' group, where "mayors discussed the escalating crime trends." June 2008: Baltimore mayor Sheila Jackson is the subject of a search warrant and grand jury probe into corruption...

Teacher goes wacko over student talking of hunting

Posted on June 24, 2008
In Vermont, of all places. Hat tip to reader Jack Anderson...

NJ case strikes gun rationing

Posted on June 23, 2008
Scott Bach reports on it. The court found that that the Jersey City statute failed the "rational basis" test, which is pretty hard to flunk.

Living Constitution dilemma

Posted on June 23, 2008
According to a recent survey, 64% of Americans believe that a city handgun ban violates the Second Amendment, far outnumbering the 26% who either don't believe in an individual right, or reason that a ban wouldn't violate it. Even among non-gunowners, the 2A prevails by 3/2, or 50% to 35%...

Trying to read Heller tea leaves

Posted on June 23, 2008
Over at the Volokh Conspiracy they're trying read the tea leaves. Court's custom is to ensure each Justice gets to write at least one majority opinion from each "sitting," i.e., a month worth of oral arguments. Of the March sitting, coming into today, only Souter and Scalia had not had that privilege, and today Souter got one, leaving only Scalia...

No Heller op today

Posted on June 23, 2008
They issued ops in three other cases. Seven left, I think.

Update on July 11 Chicago rally

Posted on June 22, 2008
Flyer and updated map for rally here. July 11, 11 AM-1PM. Featured speaker Sunanna Hupp, who is one fine speaker. Her father was killed in the Luby's Cafeteria killings in TX some years ago (when the state banned concealed carry, and open carry unless "travelling," which was undefined) and her experience and advocacy played a role in the state changing its law.

Deadline on comments, guns in national parks rule

Posted on June 22, 2008
The deadline for comments on allowing CCW in National Parks if the holder complies with State rules is June 30. You can comment by going here. A reader whom I met at the Backlot Film Festival adds the following suggestions: Your comments will have the most impact if you use your own words...

Musings on gun issues and political labels

Posted on June 22, 2008
Saw an article, not good enough to merit a link, which referred to NRA and "right wing gun nuts." Set me to wondering: why would the Second Amendment be seen as "right wing" and calls for more gun control concisely be seen as "left wing," or conservative and liberal, respectively...

Head of AEY, Inc. arrested over ammo sales

Posted on June 21, 2008
Story here. The allegations are that the militiary ordered AK ammo from him, for issuance to friendlies in Afghanistan, and had in place an order forbidding sale to the government of Chinese made ammo, and that he apparently relabeled lots of Chinese ammo to reflect that it was made elsewhere...

FSA seems to expect defeat in Heller

Posted on June 20, 2008
Now Freedom States Alliance (sponsor of the antigun "Gun Guys" website, and receipient of major Joyce Foundation funding) foresees its defeat in Heller. "Regardless of how the U.S. Supreme Court rules in the looming case, District of Columbia v. Heller, about whether DC's handgun ban violates the Second Amendment, there is no doubt that effective gun control measures can, and should, be enacted to save lives from gun violence...

Two handed grip = any other weapon?

Posted on June 20, 2008
Say Uncle posts on a court ruling that a pistol with a vertical forend grip is not "any other weapon" under the NFA. "Any other weapon" requires application and registration, as with a machine gun, altho the transfer tax is only $5 as I recall. It's a legal quirk that originates in the history of the NFA...

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