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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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"Project Gunwalker" getting bigger
Posted on February 10, 2011Story here. The story has gotten limited coverage in national news, but nothing here in Arizona (where the sales and the murder of the Border Patrol agent occurred) that I can see.
I wish both sides could lose a lawsuit
Posted on February 08, 2011Michael Moore is suing the folks who made "Fahrenheit 911" for fraud and breach of contract.
Brady Campaign protests -- only when press shows up
Posted on February 07, 2011Story here. Or of course the story could be the other way around.-- the media only shows up when given advance notice of a protest. While working as an agency attorney in DC, at lunch I heard others describing a protest at the White House. It went something like -- they will enter with the 11 AM tourist group...
Future course of the right to arms
Posted on February 07, 2011The Cato Institute sponsored a discussion between Alan Gura, Nelson Lund, Dennis Henigan, and Alan Morrison on the subject. Video is here.
Long gun reporting requirement delayed
Posted on February 04, 2011Article here. The WashPo of course spins it as "White House budget officials dealt federal firearms investigators a setback Friday..." Yep, those pro-gun cowboys in the Obama Administration...
The dam is breaking
Posted on February 03, 2011LA Times confirms guns used in the gunfight where Border Patrol Agent Brian Terry was killed came from sales being 'monitored' by ATF. The spin is now -- this happened because we didn't have enough resources to do more. In other words, "give us more money and we won't ____ up again...
Consource fundraiser
Posted on February 02, 2011Consource, the online source for constitutional materials (browse their collections here) is seeking donations. Overstock.com is offering 1:1 matching through Feb. 14, and contributions are tax deductible. To donate, click here.
RIP
Posted on February 01, 2011Madelyn Hardy, my mother, died last week at the age of 89. Here's her obituary. Just reflected that both she and my father were born when Woodrow Wilson was President.
Rahm Emanuel back on the ballot
Posted on January 28, 2011The fix is in! Illinois Supremes rule that you can, indeed, live for years in DC yet remain a Chicago resident, long as you left stuff behind.
How to respond to a mugger
Posted on January 27, 2011NPR tells us how: Give him your wallet Recognize that he needs help Take him to dinner Explain that it's good to be nice "I figure, you know, if you treat people right, you can only hope that they treat you right. It's as simple as it gets in this complicated world...
Continuing a myth
Posted on January 27, 2011From an NPR interview: "As a matter of history, we didn't really see anything like the individual point of view emerge until the 20th century," he says.... The modern debate about individual rights pertaining to guns, he says, began in the aftermath of Congress' enactment of the Gun Control Act of 1968, which attempted to control crime in the aftermath of the assassinations of John F...
Boomberg on the State of the Union
Posted on January 26, 2011Letter here. I suspect the other side is experiencing what we have experienced under past Administrations -- forgotten, because "what are you going to do, vote for the other side the next time around?" You'll get a small favor now and then, if it's not unpopular to give it, but when it comes to anything major, "I know thee not, old man...
Rahm Emanuel gets the boot
Posted on January 24, 2011Story here. An Illinois appellate court rules he cannot run for mayor of Chicago because of a minor problem -- there is a one-year residency requirement and he only moved back to Chicago in October. (That didn't stop the trial court from ruling that while he was in DC he was actually in Chicago).
Accidental gun deaths vs. accidental medical deaths
Posted on January 24, 2011PoliFacts Florida checks out the NRA statement that more people die from medical accidents than do from firearm accidents and rates it mostly true. Their conclusion is that the statement made is entirely true, although the data is imperfect, and the comparison only includes accidents.
No atty fees to McDonald, either
Posted on January 22, 2011The District Court also denied attorney fees in the McDonald case. Text is in extended remarks below. This ruling is, I'm sure, simply indefensible. They fought all the way to the U.S. Supremes, won there, Chicago (with no choices left) changed its ordinance ...
Scalia vs. Thomas on 14th Amendment substantive due process
Posted on January 21, 2011Josh Blackman comments on on the continuing standoff.
ATF to rule on "sporting purpose" shotguns
Posted on January 21, 2011Announced at the SHOT Show. Betting is that they plan to declare that the Saiga type shotguns have no sporting purpose and thus cannot be imported. Snowflakes in Hell notes notes this has bigger implications. All but the .410 shoguns are over .50 caliber, and a firearm over that bore which does not have a sporting purpose is legally a "destructive device" subject to NFA registration.
RIP Laura McCabe
Posted on January 21, 2011Laura McCabe died of cancer last night. She was the widow of Mike McCabe, NRA's second General Counsel, who represented the group from 1982 until sometime around 1990.
Rep. Renee Ellmers reacts to shootings
Posted on January 21, 2011Her reaction: open carry. "She said she doesn't want so much security that she can no longer interact with constituents. "I love giving out hugs. I love getting hugs," she said. Harnett County Sheriff Larry Rollins said his deputies are ready to provide security at any event if a politician asks for it ? or if they hear of a potential threat against a public official...
Ted Cruz runs for Senate
Posted on January 20, 2011Press release here. As Texas Solicitor General, Cruz organized the filing of the state AGs and SGs amicus brief supporting Heller.
Atty fees denied in NRA v. Oak Park
Posted on January 20, 2011The District Court has denied an award of attorney fees in NRA v. Oak Park & Chicago. Text is in extended remarks below. The grounds are that after the Supreme Court ruled in McDonald v. Chicago, Oak Park revoked its ban and Chicago replaced its with a new ordinance...
Acting in character
Posted on January 19, 2011Videos of the shooting reportedly show Judge Roll pushed a Giffords' staffer to the ground, perhaps saving his life, before he was hit.
The guns of Martin Luther King
Posted on January 19, 2011Prof. Adam Winkler has a post on the subject. It's interesting, and so are the comments.
Events
Posted on January 18, 2011I've been offline for a few days due to work and personal matters. Update: Thursday I attended Judge Roll's visitation and rosary. There were quite a few (as in hundreds) attendees, and tightest security I have ever seen, down to deputy riflemen on the church's roof...
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