Constitutional Law

Virtues of Texas

Posted on June 08, 2010
One reason why, if I were not an Arizonan, I'd like to be a Texan.

Brady Campaign and Helen Thomas

Posted on June 08, 2010
Displaying a perfect sense of timing, Brady Campaign recently proclaimed Helen Thomas a "visionary." What's the line from The Princess Bride? "I don't tink dat word means what you tink it means, boss," something like that. Hat tip to Sixgun Sarah....

Elana Kagan's sole footprint on the Second Amendent

Posted on June 07, 2010
Actually, more like a toeprint, and a light one at that. Back in 1987, when the individual rights view consisted of oh, Steve Halbrook, Joyce Malcolm, Don Kates, Bob Dowlut and myself, publishing in sundry reviews with no court taking note, a fellow named Sandidge got convicted under DC's ban and appealed...

Peter Hitchens' thoughts on the British shooter

Posted on June 06, 2010
Right here. "The truth s that until 1920, Britain?s gun laws were so relaxed they made Texas look effeminate, but we had virtually no gun crime. That only really began to increase here after we abolished hanging. But that truth doesn?t fit the Leftist dogma which has everyone, including the Tories, the media and the police, in its grip, so the facts will be ignored...

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US reverses stance on small arms treaty

Posted on June 06, 2010
Story here. The US did say that any vote must be by consensus, to which treaty proponents are objecting. UPDATE: Prob is old news. I've just fought off one hell of an infection, am not too clear at noticing things in this exhausted state.

Former Justice Souter speaks

Posted on June 04, 2010
Story here. I can understand that he doesn't seem to like textualism -- stick to the words, that's what was agreed upon -- nor original understanding -- words explained by our best understanding of what they were meant to be. But what he does propose as an interpretative tool is beyond my grasp...

Candidate for AZ governor

Posted on June 04, 2010
I met Buz Mills at the annual NRA meeting. It's not often you see a serious gubernatorial candidate who owns Gunsite Academy -- I don't suppose that leaves much room for doubt on his Second Amendment views. What reminded me of this was word that he's filing an amicus brief in the Supreme Court case involving Arizona's publicly-funded elections statutes...

Correction of opinion count for Feb. 22 Sitting

Posted on June 03, 2010
Double checking my count, I found I missed one that was written by Justice Breyer. That makes the count 7 decided out of 13. Writing two opinion apiece from that sitting: Kennedy, Sotomayer. Writing one each: Stevens, Scalia, Breyer. Not having released one yet: Thomas, Ginsburg, Alito, Roberts [above updated in light of comment].

Are we seeing a pattern here?

Posted on June 03, 2010
For the second time in a week, a Chicagoan uses a banned handgun to shoot a home invader.

History Channel's "Top Shot"

Posted on June 02, 2010
It premieres this Sunday evening: here's its webpage.

Reading tea leaves....

Posted on June 02, 2010
The Supreme Court divides up arguments into "sittings," each of them two weeks long. McDonald v. Chicago was argued during the sitting of Feb 22. The Court's custom is to make sure each Justice writes at least one opinion from each sitting. The Feb...

DoJ readiness for weapons of mass destruction attack

Posted on June 02, 2010
Justice's inspector general suggests that FBI has a plan, but all the other agencies in Justice do not.

Brady Campaign hunkers down on the Chicago case

Posted on June 01, 2010
Dennis Henigan pretty much accepts a loss, and looks for a silver lining in that cloud. Good try. It cuts both ways.... how many Brady supporters will keep contributing when gun bans are ruled out, and all Brady has to hope for is, oh, permit systems and things like that -- and if the right to arms is accepted as fundamental, they'd probably have to be liberal permit schemes...

Recollection appropriate to Memorial Day....

Posted on May 31, 2010
A friend told me of having been at a Thanksgiving dinner, where the diners were mostly older ladies, but included one retired Army colonel who'd served in Korea. The former were making lengthy conversation on topics that males regard as torture, and they eventually got around to "What is the most beautiful thing you have ever seen?" One described a sunset in detail, several named their grandchildren, etc...

More gun nuts, less crime?

Posted on May 31, 2010
Snowflakes in Hell notes that during the week of the NRA convention, Charlotte experienced a 45% drop in criminal activity, compared to the same week a year before. Someday I'll check out a few other cities that hosted conventions in past years, and see if anyone keeps records like that.

R. Lee Ermey alive, report of death a hoax

Posted on May 31, 2010
This morning I posted from an email report that R. Lee Ermey had died. This was shown to be a hoax by the best possible evidence: a commenter just saw him in Washington's Memorial Day parade! Anyway, here's my Dad's webpage (I've got to clean up the html when I have time)...

New and interesting book

Posted on May 26, 2010
Implosion at Los Alamos, the story of an investigation into security gaps at our nuclear lab, including the loss or theft of no fewer than 400 computers (which may have had classified data on their drives).

"May issue" carry permits and Equal Protection

Posted on May 26, 2010
Prof. Volokh notes a District Court ruling allowing a claim that an Iowa sheriff violated Equal Protection and the First Amendment by refusing a carry permit based on his political activities. Parts of the complaint were dismissed, for sundry technical reasons, and portions of the remainder may be mooted by Iowa's change to "shall issue...

NRA sues over Wilmington DE public housing gun ban

Posted on May 26, 2010
So the Caesar Rodney Institute reports. The ban essentially conditions living in public housing upon giving up all firearms; possession of one in an apartment can result in immediate eviction.

CNN on BATFE

Posted on May 26, 2010
Print story here.

80 yr old Chicagoan defends self with illegal handgun

Posted on May 26, 2010
Story, at Crime, Guns, and Videotape. A masked robber, with a long rap sheet, burst into the elderly couple's home, and collided with a .38 projectile going the other way.

CCN takes on BATFE management

Posted on May 25, 2010
This Wednesday and Thursday, Mary 26 & 27, CNN is to air a two part series on BATFE. Given the number of scandals, screwups and betrayals, I can see why it requires a two part series to cover, or at least begin.

Pres. Calderone's claims

Posted on May 25, 2010
Bob Owen's title sums it up: He didn't just lie about Arizona: Calderone fibbed about assault weapons, too.

Culture Wars are Turning

Posted on May 25, 2010
It's the title of a piece by Roger Simon. While he doesn't deal with firearms or firearms rights, it parallels my past comment on how those are shifting.

Sup. Ct. reaffirms that use of machinegun is an element, not a sentencing factor

Posted on May 24, 2010
U.S. v. O'Brien, handed down today. 18 USC §924(c) provides for 5 extra years' sentence for use of a firearm in certain federal crimes, and 30 years' extra for use of a machinegun. So does that mean (1) use of the described firearms is a sentencing factor, making for a stiffer sentence for the underlying federal offense, or (2) this describes an independent crime, with elements of committing the underlying offense and of being armed while so doing? If the first, the fact of being armed can be decided by the judge during sentencing; if the second, it must be decided by the jury, since it is part of the crime...

Border issues in the old days

Posted on May 22, 2010
Before the National Firearms Act, the makers of the Thompson promoted it as a way to protect ranches against border raiders. This was practical: cross border raiding remains common to this day. If you want to get anything south of the border, all it costs is $10 mordida ("bite") to the crossing guards and you vehicle will not be searched...

Rumors about Vets' Affairs being party to disarming vets

Posted on May 22, 2010
A report has been going around the internet that someone (unnamed) was asked three questions by a Vet Affairs screener and then told, off the record, that if he'd answered any "yes" he would have been reported to DHS and he would be disarmed. I found the report very fishy, and it appears to be without foundation...

Brady Center muffs an amicus brief

Posted on May 20, 2010
David Codrea documents the flub. Brady was out to file an amicus in the Montana case over its Firearms Freedom Law. Brady gets permission for itself to file an amicus, but files one on behalf of itself and two dozen other groups. On top of it, one of the signatory attorneys is not admitted to practice in the court, and has not applied for this-case-only ("pro haec vice") admission.

Chicago's handgun ban not very successful

Posted on May 20, 2010
Chicago is experiencing a homicide surge, and the Police Superintendant ("when danger reared its ugly head / he turned his tail and bravely fled") has responded by splitting body counts into indoor killings and outdoor killings, and arguing his police can't be expected to restrain the first...

Banging head against wall

Posted on May 19, 2010
From Elena Kagan's questionaire: "d. List, by case name, all cases in courts of record, including cases before administrative law judges, you tried to verdict, judgment, or final decision (rather than settled),.... i. What percentage of these trials were: 1...

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