Constitutional Law

Students for Concealed Carry on Campus

Posted on February 16, 2008
Instapunk has a great post on the group, together with one of their posters.

Fight over bill allowing accessible guns in National Parks

Posted on February 16, 2008
Story here. McCain is cosponsoring the amendment, and Reid is pulling the bill, reportedly so that Sen. Clinton and Obama don't have to vote on it. Tho I'd think a simpler solution would be for the two to announce they're too busy campaigning to fly back to DC for a vote on a modest amendment...

Volokh and Reynolds on school shootings

Posted on February 15, 2008
Prof. Gene Volokh and Glenn Reynolds discuss them on Hugh Hewitt. Transcript here. The opening, by Prof. Reynolds: "I certainly think so. I actually have quite a few students who have permits to carry concealed weapons. One of them, in fact, was on the Springfield Armory National Pistol Team...

Bob Levy on the Solicitor General's brief

Posted on February 14, 2008
He gives it both barrels in the Washington Times.

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Good to know things are safe in NYC

Posted on February 14, 2008
Unless the other guy has knives and a meat cleaver. Rather underscores the point made by the women legislators' brief in Parker/Heller. If the victim had been armed, the killer would have been killed. If they'd both had guns, it would at least have been an equal fight (and odds are the guy would have stayed home rather than go to an equal fight)...

SG and Texas SG move for argument

Posted on February 14, 2008
Sebastian of Snowflakes in Hell points out an interesting section of the Supreme Court docket: Feb 11 2008 Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed...

Slide show of the SHOT Show

Posted on February 13, 2008
Right here. Hat tip to reader The Mechanic...

I hate it when attorneys wuss out

Posted on February 13, 2008
Guy's bodyguard flashes his gun at you during a deposition, and the attorney gets all upset. Why not just open the desk and show him your own?

Note on briefs

Posted on February 13, 2008
Reader Joe Heater emails: "An off topic question for Dave or any one who would like to answer this question and observation of a non-lawyer, a slightly tongue in cheek one. I decided after reading four amicus curiae briefs regarding the Heller v DC case, that the legal profession is the least ?green? of the majors...

Map of AGs agreeing with Parker/Heller position

Posted on February 12, 2008
At Concurring Opinions, Prof. Mike O'Shea has an interesting map.

Let's help VPC

Posted on February 12, 2008
Now that we know Violence Policy Center has a firearm dealer's license for their DC headquarters, I think we owe it to them to come up with an advertising campaign! Look at their opportunities. A city of 500,000 or so, they've got one of only a dozen licenses to sell guns, and the handgun ban may be struck down...

Dave Kopel on amicus briefs

Posted on February 12, 2008
Dave Kopel has an excellent series of posts on the amicus briefs over at The Volokh Conspiracy. Good comments on each, too, in terms of how well-written it was and what effect it might have. He points out that the Solicitor General's brief was filed late at night and showed signs of hasty preparation...

Academics for 2nd Amend. amicus brief online

Posted on February 11, 2008
At ScotusBlog. Very tired. But will add some commentary. Argument I is a strong attack on DC's argument over what the 2A was meant to do. I think it pretty well levels that. Argument VI deals with their dismissal of the PA minority and the NH ratifying proposals...

The quintessence of hypocrisy?

Posted on February 11, 2008
Josh Sugarmann, head of Violence Policy Center, has a Federal Firearm Dealer's license. The business address is VPC's headquarters in D.C.. Which, if I recollect DC law correctly, means VPC is exempt from the handgun ban they defend.

Brady Campaign grades the States again

Posted on February 10, 2008
It's their annual publicity event. The Rapid City Journal, for instance, runs the story S.D. GETS LOW MARKS FOR GUN RESTRICTIONS. Yup, a dismal F, 6 points out of 100 possible. Strange that in 2006, the State, whose population is 150% that of the District of Columbia, had a whole 9 homicides...

Tribute to Carlos Hathcock

Posted on February 10, 2008
A video tribute to supersniper Carlos Hathcock, created by the Wounded Warriors Project.

A few embarassing moments...

Posted on February 09, 2008
California Senate President Don Perata, "a leading control advocate," has announced he's turning in a handgun to a gun-buyback. Won't say whether it's his only handgun, either. And former Broward County Sheriff Ken Jenne was sentenced to a year in the slammer , and now has lost his pension,for tax evasion ...

Heller in the press

Posted on February 09, 2008
Wash Po picks up on the Congressional brief, and that Dick Cheney signs on. As well as the fact that the brief disputes the Solicitor General's standard of review position. Again, a surprising balanced and objective piece. I've mentioned the brief filed by American Shooters & Hunters Assn, a "false flag" operation...

Heller update

Posted on February 08, 2008
Checking out the amicus briefs so far filed... BTW, ScotusBlog must have some software that automatically grabs and uploads an amicus as the Surpeme Court files it, because one of the filers today cc'd me on the upload to the Court, and not two minutes later the file was posted on ScotusBlog! UPDATE: Here's the Congressional amicus Hat tip to Jack Anderson...

Better to be tried by twelve than carried by six

Posted on February 07, 2008
Unless it's a six pack. Even then, you should opt for something with more stopping power.

Incoming brief by federal legislators

Posted on February 07, 2008
DC had an Congressional amicus brief supporting it, signed by, I forget, 16 or 17 House members. According to this article, there is a Heller brief incoming, supporting the individual right position, signed by 250 House members and 57 Senators. A majority of both Houses...

First of amicus briefs online

Posted on February 07, 2008
ScotusBlog has the first amicus briefs supporting Heller & individual rights online. These are just the earliest filings. Deadline isn't until Monday. That's for filing with the clerk. Our printer's deadline, in order to meet that deadline, is crack of dawn tommorrow...

WashPo on Heller

Posted on February 06, 2008
Article here. Quite a fair one, actually, which I find a little astonishing.

Exhausted....

Posted on February 06, 2008
Joe Olson, Clayton Cramer and I got the Academics for the 2nd Amendment amicus brief off to the printer in advance of the deadline, now awaiting the page proofs. That's why I haven't been blogging much. That and a trip to the SHOT Show to try to convince mfrs that they should include copies of the documentary in their boxes...

Drug ODs killing more than gunshots

Posted on February 06, 2008
Story here. Drug deaths (predominantly among illicit users, but the story has some startling reports of accidental deaths) doubled 1994-2004. The biggest rise was in prescription drugs (oxycodone, for example), which went up 152% in five years.

Law blogs on Heller

Posted on February 06, 2008
Have a late evening of almost spare time before back to work on it. So here's a modest roundup: Prof Balkin, at Balkanization has his take on the Administration's position. Prof. Berman, at Sentencing Law and Policy suggests that if Parker/Heller win, choice of future test case plaintiffs will be vital...

John McCain and the Hanoi Hilton

Posted on February 05, 2008
My friend and fellow gun attorney has an article out on the subject. Jim is author of the first law review article attacking McCain-Feingold, so it's not like he's a big McCain supporter. He's a straight shooter, and spent years in the Hanoi Hilton, and was tortured, so he's an eyewitness to what's under discussion...

At the SHOT Show

Posted on February 04, 2008
Haven't been blogging since I'm here trying to promote my documentary. Egad, is it big! The Las Vegas Convention Center is gigantic, but it overflowed that, and they shut down a number of indoor parking lots and set exhibits up there. They have everything, including a company that manufacturers body armor for police dogs! Speaking of dogs, I'm dog tired, after walking I'd guess ten miles today...

Heller's brief is online

Posted on February 04, 2008
Right here, in pdf. UPDATE: the brief was the work of Alan Gura, Bob Levy, and Clark Nelly. I was happy to offer ideas and research now and then, but that was it.

Heller/Parker and standard of review

Posted on February 02, 2008
Prof. Winkler argues for a low standard, while Prof. Reynolds (aka Instapundit) argues for a high one. Just had a thought regarding the Sol. General's position. It is along these lines: (1) The case law the SG invokes -- while the SG never tells the Court of this -- actually calls for two different levels of review...

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