Constitutional Law

Work on designing a super penetrating bullet

Posted on August 26, 2009
Right here.

Guide to interstate transport of firearms

Posted on August 25, 2009
NRA has just released the latest edition of its comprehensive Guide to the Interstate Transportation of Firearms. It includes a section on the suit brought against the NY Port Authority, which is in the habit of violating the protections given by the Firearm Owners Protection Act...

BATFE hierarchy largely empty

Posted on August 25, 2009
The NY Times reports that well over half of the Obama's Administration's appointive policymaking positions are are still empty, the slots filled with someone in an acting capacity. I'm told ATF presently has an acting director, acting deputy director, and acting chief of staff.

Win for shooting ranges under RCRA

Posted on August 24, 2009
Metacon Gun Club in Connecticut was sued by homeowners in the area (who probably bought houses next to a shooting range and then became upset that a shooting was next to their houses) under the Resource Conservation and Recovery Act (RCRA). RCRA applies to "discarded" material that is classified as hazardous waste...

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Nordyke ready to go

Posted on August 22, 2009
Oral argument en banc, in Nordyke v. King is set for 10:00 a.m. on Thursday, September 24, 2009, in Courtroom One at the James R. Browning Courthouse, located at 95 Seventh Street in San Francisco.

Chicago cases up early

Posted on August 21, 2009
SCTOUSBlog reports that the Supreme Court will vote on whether to accept the Chicago 14th Amendment cases at its very first conference, on September 29. Results might be announced as early as September 30. Both dates are before the next Term officially opens, on October 5.

Media coverage of gun at rally

Posted on August 20, 2009
Michelle Malkin has a post on how the MSNBC story on how the appearance of a fellow outside the Phoenix rally with a rifle had "racial overtones" because it involved a man of color in the presidency and "white people showing up with guns strapped to their waists," and "anger about a black person being president...

H.L. Mencken on Justice Holmes

Posted on August 20, 2009
The great contrarian's piece is here. A sample: "There is even more surprising stuff in the opinions themselves. In three Espionage Act cases, including the Debs case, one finds a clear statement of the doctrine that, in war time, the rights guaranteed by the First Amendment cease to have any substance, and may be set aside by any jury that has been sufficiently alarmed by a district attorney itching for higher office...

If the jackboot fits...

Posted on August 20, 2009
Reason Online: The Jackboot Only Fits if You Don't Work for the Government. Some interesting points contrasting treatment of the NRA use of "jackbooted thugs" some years ago (portrayed as utterly intolerable) with the present attempt to characterize tea party types as, well, jackbooted thugs.

Time for Brady Campaign employees to circulate resumes

Posted on August 19, 2009
When the Washington Post runs the headline "White House Backs Right to Arms Outside Obama Events," it is time for Brady Campaign folks to look for new work. It's probably a sign of the Second Coming, but you should still have a job lined up, just in case.

More "the government will protect you"

Posted on August 19, 2009
Story here.

Reply briefs in Chicago gun case

Posted on August 19, 2009
Alan Gura's reply is here, in pdf. It's the reply (last document) on petition for cert. (moving that the Court take the case -- if it does there will be another round of briefing on the question of who should win). My latest article is quoted at pp...

Bringing guns to rallies

Posted on August 18, 2009
I can't say as I'm fond of the idea -- the media is quick to portray gun rights activists as menacing or intimidating, and there's no reason to set the stage for just that. (Note that, in the story linked below, he is described as having "heated words," when he apparently talked to people he agreed with...

Federal court records -- I find this hilarious

Posted on August 16, 2009
For the Firefox browser: a plug in that gives free access to many PACER court files. PACER is the system (if we can call it that) that stores pleadings in Federal trial courts. It is indeed primitive and difficult to use. A second problem, tho, is that if you retrieve a document, you get charged 8 cents a page...

Armament and disarmament in South Ossetia

Posted on August 16, 2009
Story here. South Ossetia wants to secede from Georgia, which seceded from the Soviet Union. Which I guess means it's like West Virginia or Eastern Tennessee.... ?When I saw it, I closed the door and laid it down on the rug. I almost fainted. The sight of such a weapon can make you crazy...

Gun and knife turn-ins in Britain

Posted on August 16, 2009
The real story.

When will criminals learn....

Posted on August 14, 2009
When will thugs learn ... never cross a nun. All you can do then is run. If you have a rifle, do as this robber did and drop it to speed your flight. Conventional weapons are useless against an angry nun.

10th Circuit on DV cases and Heller

Posted on August 14, 2009
Dave Kopel has the story. They reversed, 2-1, the district judge who allowed a defendant to raise, as a defense to prohibited possessor status due to a misdemeanor DV conviction, that he posed no danger. I do find it interesting that there have been several prohibited possessor cases that have gone for the prosecution, but by 2-1s...

Self defense in Harlem

Posted on August 14, 2009
Story here. The defender was about as restrained as can be imagined. Told them his store had no cash at the point, tried to talk them into just leaving. Only after the four robbers began beating and pistol-whipping one of his employees did he pull the shotgun out and fire...

Just when you think you've seen it all...

Posted on August 13, 2009
Bill Clinton's former chief of staff busted smuggling shiv and needles into prison. Via Instapundit....

Interesting data from the Czech Republic

Posted on August 13, 2009
Story here. Its population is about ten million. 650,000 citizens are licensed gun owners, and 200,000 have CCW permits. Police say unknown hundreds of thousands have guns without the formality of licensing.

Gun traces

Posted on August 13, 2009
As is usual, after ATF releases its gun trace data for the previous year, Brady Center denounces a bunch of States because guns first sold in them have been traced elsewhere. (The purpose is to create the impression that criminals zip over to those States to buy guns and return...

California microstamping law going nowhere

Posted on August 11, 2009
Story here.

Antigun group on townhall/tea party meetings

Posted on August 11, 2009
Josh Horwitz of the Coalition to Stop Gun Violence cites the tea party gatherings as "the violent, insurrectionist philosophy that has corrupted the Second Amendment." "right wing activists have stormed these meetings en masse to shout down speakers " "The Tea Party "mobs" are not as spontaneous as they might appear...

Update on medical condition

Posted on August 10, 2009
Some readers have asked for one, so here's the short version-- Here is what I had. Here is the procedure that dealt with it. The version with all the trimmings, orthotopic diversion, lymph node removal. Pathology report says they got it all. Lymph nodes (they took 25 of them) were clear (if it gets out, the lymph system is usually its first avenue of spread)...

lawsuit vs. Oregon university ban

Posted on August 10, 2009
Story here. And here's a pdf of the filing, by Oregon FIrearms Educational Foundation. Primary argument is based on the State pre-emption statute, secondary argument is based on the 2nd Amendment.

Florida CCW permits following general firearm trends

Posted on August 10, 2009
In Florida, applications for CCW permits are up 67%, to 150,000 and the issuing agency is asking for 61 temporary employees to tackle them. Hat tip to reader gunshytourist...

Palmer v. DC -- latest suit against DC

Posted on August 08, 2009
Here's the complaint, in pdf. It's filed by Alan Gura, on behalf of Second Amendment Foundation and DC residents. It challenges a number of remaining or new DC requirements, including: Imposing a permit requirement for carrying, and then having repealed any mechanism for obtaining such permits (and refusing to register handguns if purpose stated is defense outside of home)...

Great tribute to John M. Browning

Posted on August 07, 2009
Article here. Hat tip to Alphecca....

14th Amendment incorporation and contradiction

Posted on August 07, 2009
A comment to my posting on the Chicago brief opposing cert. brought to mind something that had popped in my head in the past: a party arguing against 14th Amendment incorporation of a right can hardly avoid contradiction between its privileges or immunities and its due process positions...

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