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Constitutional Law
Of Arms and the Law 

A blog devoted to firearms law and Second Amendment theory.
Post Frequency: 24.2/day Last Entry: April 01, 2011 at 18:19:30 Recent Entries: 1960
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NRA celebration to be loaded with former candidates
Posted on May 06, 2008The Kentucky political blog PolWatchers reports that the NRA's Celebration of American Values in Louisville will be attended by John McCain, Mike Huckabee, Mitt Romney, Karl Rove, several senatorial candidates, Those backing Ron Paul won't be left out, as he's having his own rally on the 17th.
Steve Halbrook's new book out!
Posted on May 06, 2008"The Founders' Second Amendment." You can order it here, from Independent Institute. 20% discount, so $23.16. Which for a 448 page hardcover, is very, very modest.
Anitgun fundraising
Posted on May 06, 2008Snowflakes in Hell has an interesting post regarding the pro and antigun PACs this election cycle. Brady Campaign's PAC has under $50,000, and has so far raised... $73. NRA's PAC has over six million, and has raised eight million, of which about 3/4 came from donors of under $200...
Form 4473 under Paperwork Reduction Act review
Posted on May 05, 2008Here's the Federal Register notice, in pdf. Basically, under the Paperwork Reduction Act, every agency is required to file, with the Office of Management and Budget, any form it has that requests info from the public, together with its estimate of how many hours are spent filling in the form (for 4473, ATFE estimates 4...
Claim for attorney's fees
Posted on May 05, 2008The Goldwater Institute in Phoenix challenged a city gift, essentially, to a developer and shopping center. The trial court ruled against them, and now the developer is seeking $600K in attorneys' fees for their having had the temerity to suggest the gift violated the state constitutional ban on subsidizing individuals.
Another 911 case
Posted on May 04, 2008In Madison, WI. Brittany Sue Zimmermann calls 911 from cell phone (nobody's talking about what she said). At one point she stops talking, and the 911 operator just hangs up. No word as to whether the operator bothered notifying officers. The next day her fiance finds her murdered in her apartment...
Josh Horwitz on Heller
Posted on May 04, 2008At the Huffington Post. Horwitz is leader of one of the antigun groups (they change names so frequently I can't recall what it's named now) created by some mega-billionaire. His theme is rejection of an "insurrectionist" purpose behind the 2A (i.e., that it was meant to provide a safeguard against tyranny)...
Civil War collector killed by140 year old shell
Posted on May 04, 2008Story here. When I lived back there, I'd see lots of civil war cannon projectiles for sale. Collectors would roam the old battlefields (only tiny portions of which were parks) with metal detectors. I read about one who had invented a remote controlled drill press, with water cooling of the bit and a closed circuit TV, so that he could drill into and deactivate them while staying a safe distance away...
Supreme Court case on Lautenburg Amendment
Posted on May 02, 2008An attorney in US v. Hayes has a website on pleadings in the appeal. Hayes won in the 4th Circuit, the government sought cert., and it was granted; briefings have not yet begun. The issue is one of statutory interpretation. Lautenberg forbids a person to possess a firearm if they have been convicted of a domestic violence misdemeanor...
Man arrested for pointing finger
Posted on May 02, 2008Story here. "The former mayor is under indictment, the Village Board is hamstrung by infighting and a defiant landowner has vowed to put a pig farm on his property to stop the town from building a water tower. But the news on everyone's lips in far north suburban Island Lake is about Greg Kachka and his T-shirt...
Tortonto Star on Chi handgun ban
Posted on May 02, 2008Quite an interesting article. "Bans? "That's what people do when they don't understand the problem."" says a former gang leader. Hat tip to Dan Gifford...
Monica Conyers gets chewed up by school kids
Posted on May 01, 2008In a meeting of the Detroit City Council, Mrs. John Conyers, a councilwoman, starts screaming and calls the Council president (who is bald) "Shreck." The episode is followed by her meeting with a group of primary school students, who get by far the better of the exchange...
Index of firearms groups
Posted on May 01, 2008Alan Korwin has posted an interactive map of pro-gun State organizations. He asks that if you know of some he hasn't got listed, you email him with their web pages.
TSA and arming pilots
Posted on April 30, 2008TSA's history on the issue has been a classic of passive-aggressive behavior (agreeing, then sabotaging). Annie Jacobson has the latest over at Pajamas Media. They're using a psych test that disqualifies many pilots. Among other things, if you say you'd like to become a fighter pilot, it counts against you, as proof you are too hotheaded to be trusted with a firearm.
D.C. finds a way to end criminal gangs
Posted on April 30, 2008It consists of calling them "crews" instead. Presto, there are no gangs and no gang-related violence.
Unusual 911 call
Posted on April 30, 2008A victim of an earilier robbery calles in to report someone breaking in, and the 911 operator apparently falls asleep on the line.
Circuit court tosses NYC suit
Posted on April 30, 2008The 2nd Circuit has held that the NY City lawsuit must be dismissed. From the article, it sounds as if they rejected the antigun district judge, Jack Weinstein's approach that a suit based on state nuisance law wasn't covered by the Federal legislation...
The government can't protect, part 1,295
Posted on April 30, 2008From Oregon comes this remarkable story. Man chase a woman down in his vehicle, she heads her car toward the police headquarters. She makes it, he rams her car, gets out with a rifle, shoots her and himself before police can respond. (It's a small department, and from the story it sounds as if everyone was out on patrol with only the police chief in the HQ, and he's up on the second floor...
A commentary on the restraint of CCW holders
Posted on April 29, 2008From the Palm Beach Post, a story that begins "It could've been a typical spat between grocery store customer and manager, with the customer announcing he planned to take his business elsewhere. But then the customer drew his gun. The store manager drew his and so did the assistant manager...
Professor reports on empty holder protest day
Posted on April 29, 2008Criminology Prof. Mike Adams writes in Townhall about experiences on empty holster day at UNC. The University's PR department issued a statement opposing the principle of the protest. A poly sci professor came to the table to berate a student who was in favor, ranting, calling them ignorant and crazy, and calling Adams an unqualified right wing nut job...
Park & FWS proposed rules for firearm carry
Posted on April 29, 2008Here, in pdf. The Admin Procedure Act specifies that an agency must propose a rule, allow a reasonable time for comment, and then publish a final rulemaking, in the process doing a reasonable of replying to comments. Basically, carrying is now forbidden in most National Parks and at least restricted on wildlife refuges...
tell me it ain't so!
Posted on April 28, 2008NSSF is pointing out that the mayors who filed suit against gunmakers, or their close associates, have a few skeletons in the closet. As in indictments, racketeering convictions, fraud and extortion raps, etc..
NY Daily News on Heller
Posted on April 28, 2008Editorial here. Author seems rather lacking in knowledge about the case, e.g., that it's a 2nd Amendment and not a 14th Amendment case, and claims things came up in oral argument that did not, to my memory. His main theme is that strict scrutiny would doom many firearm laws...
Supreme Court, voting, and picture ID
Posted on April 28, 2008The Supreme Court, in a very split decision, has upheld requiring picture ID to vote. Stevens writes the sorta-plurality for himself, Roberts, and Kennedy (quite a combination!), while Scalia concurs with Thomas and Alito, and Souter, Ginsberg and Breyer dissent in two different documents...
Mayor Daley buying "assault rifles"
Posted on April 27, 2008Story in the Chicago Tribune And from Mayor Daley we learn: There is a form of gun known as "a semi-fully-automatic weapon." "Criminals" can "carry assault weapons, it's not a violation of federal law..." The city plans to buy "semiautomatic assault rifles," specifically "M4 carbines...
Amusing and interesting article on originalism
Posted on April 26, 2008Over at Legal Theory Blog. Just understand that in his story, "Grand Union of Constitutional Theorists" equals academics interested in the Constitution, the "SuperChief" train is the Supreme Court, etc. It's both imaginative, and accurate. Via Instapundit...
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