Constitutional Law

Public belief in 2A

Posted on June 04, 2008
Here's latest Harris Poll. Asked if the Second Amendment supported an individual right to arms or a state right to a militia -- 41% said individual right 29% said both (which I think is the correct answer, but the Harris people wondered) Between the two, 70% believe the 2A represents an individual right...

Now, this is pretty brazen

Posted on June 04, 2008
I noted yesterday that NRA won its suit against Philadelphia. The judge struck down two portions of the city's gun ordinance, and as to three ruled that plaintiffs' didn't have standing to sue. I.e., not that the ordinances were lawful, but that until they were enforced it was an abstract issue rather than a case...

Brady Campaign fundraising pitch

Posted on June 04, 2008
Give us money so we can stop extremist judges who believe in the 2nd Amendment.

Don Kates on Hillary and the VP slot

Posted on June 04, 2008
It's long, and as usual, brilliantly reasoned and clearly expressed. I'll put it in extended remarks below. Basically, he reasons Hillary has (sort of) asked for the VP position -- because she doesn't want it.

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Philly mayor questioned, cornered

Posted on June 04, 2008
Sebastian's question gets Mayor Nutter (love that name) in a tight spot.

Passing of an old friend

Posted on June 03, 2008
Bill Bailey, a former prof. of speech communications at U of Arizona, commented here with some regularity. His last comment, May 22, is here, another here. A couple of exceptional ones here. I'd known Bill since around 1974 or 75. I've been lucky to know a lot of folks with above-average brains, but he certainly had the most versatile intellect I'd ever encountered...

Steve Halbrook on 2A wording

Posted on June 03, 2008
His Op-Ed is here. Hat tip to reader Jack Anderson.... UPDATE: my own research into uses of "well regulated" in the 18th and early 19th centuries indicated that it was in common use as a term for something like "orderly" "in control." Not necessarily under control from an outside force, it can be a matter of self-discipline...

Rev. Pfleger ordered to take leave of absense from chuch

Posted on June 03, 2008
Story here.

Egad....

Posted on June 02, 2008
A prominent British antigun campaigner has been stabbed to death by her grandson. He was already in custody, over having stabbed a railroad worker, when challenged about trespassing. Hat tip to Sarah "Six Gun Sally"...

Recoil reducer

Posted on June 02, 2008
Webpage here. Dunno what the effect on muzzle blast might be, tho.

Heller wait continuing....

Posted on June 02, 2008
No decision today. Likely dates for announcement are all Mondays -- June 9, 16, and 23. UPDATE: I'd bet on June 23, too. This is the most important decision in decades. Not just the most important 2A case. In terms of number of Americans interested, it beats every other issue in decades -- probably the school desegregation cases and Roe v...

ATF ruling on autosears and receivers

Posted on June 02, 2008
ATF Ruling 2008-1 is here, in pdf. On its face, it changes the definition of which receiver half is legally the "firearm" for an FNC rifle. What is of concern is part of its reasoning. There are autosears for the FNC; if installed these allow it to fire full-auto...

Now, this is a shocker

Posted on June 01, 2008
"Clinton changes handgun position". I suppose only a cynic would say that Hillary's switching positions around because Montana holds its primary Tuesday, and her position on gun control isn't popular with voters there. Hmmm... good thing I'm a cynic...

Update on Tucson situation

Posted on June 01, 2008
Story here. Just went out for what would have been a 20 minute errand. It took over an hour. Tanque Verde Road is closed off, I assume for searches for shell casings and such, and all the westbound traffic here has to reroute north, then east, then south, then finally westward on the roads below Tanque Verde...

Ammo prices rising

Posted on June 01, 2008
Story here. Lead and copper prices are up, and so is ammo.

Local activity

Posted on June 01, 2008
Story here. By local, I mean Tanque Verde is the major road on this end of town. A few minutes ago I was on it and saw officers searching, I assume for shell casings.

An amusing world view

Posted on June 01, 2008
Blogger, complaining of proposal to allow CCW in national parks: "What gets me is that if you allow people to carry weapons into our national treasures, what is to stop the bad guy from doing the same; and then the escalation starts...." I can't say much for the logic there...

Instapundit at conference

Posted on June 01, 2008
We all are familiar with the bloggers' embarassment. The fact that Instapundit blends puppies into the energy drink Puppie Smoothies.. But few of us expected him to be so bold as to do it during a conference. At long last, is there no shame left?

Now, THIS is restraint above and beyond!

Posted on May 31, 2008
Story here. Customer has argument with grocery store manager, pulls gun. In response, this being Florida, the manager and assistant manager draw, too. Customer backs up and then opens fire. The manager reasons "When I saw the first bullet hit high, right away I knew I was dealing with someone that was not a good shooter...

A serious research project

Posted on May 29, 2008

Another CCW holder stops a mass slaying

Posted on May 29, 2008
Via Instpundit and SayUncle comes this report of a Nevada CCW holder who killed the murderer.

Akins Accelerator folks file second suit

Posted on May 29, 2008
Complaint here, in pdf. I tend to agree with their legal theory, but wouldn't give high odds of winning. [typo corrected, thanks]

Philadelphia, guns, and crime

Posted on May 29, 2008
Howard Nemerov has this to say. With regards the previous post -- desert dwellers eradicate rattlers. Other reptiles are welcome (they tend to control the packrats, for one thing). Had to swerve to dodge a Gila Monster the other day (only the second one I've ever seen)...

Ohio House passes castle doctrine and much else

Posted on May 28, 2008
A comment on a prior post noted this, and I figured it merits its own post. The Buckeye Firearms Association has the story here. It had already passed the Senate, albeit in a different form, so a conference between the houses will be necessary to get the final bill.

How you (and the Court) reads a sharply divided decision

Posted on May 28, 2008
An interesting discussion by Prof. Orin Kerr at The Volokh Conspiracy. The question is basically when the Court divides, say, 4 Justices voting for reversal on one ground; 1 concurring in reversal, on a different basis; 1 concurring, on still another basis; and three voting to affirm...

Taking down an editorial praising AHSA

Posted on May 28, 2008
SayUncle does the job nicely.

Arizona governor casts veto

Posted on May 28, 2008
Newspapers report that the governor vetoed a couple of bills, one to make the CCW license a lifetime one, another to make it clear that a person could display a firearm (but not use it) in response to verbal threats. UPDATE: I recall several cases where you had one guy going along side or tailgating the other, shouting threats, the recipient of the threat showed him that he was armed, and the one making the threats departed, called 911, and got the sorta-defender arrested...

A predictable split in Ohio

Posted on May 27, 2008
Story here. A bill is up that would shift the burden of proof in self defense cases so that the state has the burden. The governor supports it, and the Ohio Prosecuting Attorneys Association opposes. Don't know if the bill draws a distinction between two types of burdens...

Proposal for Canadian gun laws

Posted on May 27, 2008
Letter here. Interesting, since if the letter is correct, present Canadian law (1) does not require marking of a gun with its importer (US law since 1968, I believe) and (2) its definition of firearm only includes a complete and operable gun, not any one part such as the receiver (which has been US law since 1938, I think).

Walter Williams on the Philadelphia cop-killers

Posted on May 26, 2008
Article here. The local pols are basing calls for gun control on the murder of police Sgt. Stephen Liczbinski by three criminals. But... "According to former Philly cop Michael P. Tremoglie's article "Who freed the cop-killers?" for the Philadelphia Daily News on May 8, all three homicide suspects had extensive criminal records...

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