Constitutional Law

Privacy Act request to report health plan objections

Posted on August 06, 2009
The Administration has asked that anyone who gets an email or "see[s] something on the web about health insurance reform that seems fishy" report it to flag@whitehouse.gov. Evan Coyne Malone suggests the request may be illegal under the Privacy Act and the Dept of Justice's statement about its purpose...

Chicago brief opposing Sup. Ct. review

Posted on August 06, 2009
In pdf, here. I'm not very impressed. The issue is whether the Court should take the case, but most of the (far too long) brief is on a theme of "if you take it we could win." OK, if they take it you'll have merits briefing to make the claim.

Plaxico Burress indicted

Posted on August 04, 2009
Yesterday, the NY Times had this story. His attorney notes that Burress could face 3.5 years prison time for having an illegal gun (its really stupid handling is a different matter), whereas another football player got 30 days for killing someone while driving drunk...

Bill aims to reverse US v. Small

Posted on August 04, 2009
Snowflakes in Hell discovers Diane Feinstein's latest, S.1526. It would overturn the Supreme Court determination, in Small v. US, that foreign law convictions do not count as convictions that bar gun possession under the Gun Control Act. It does have two exemptions: 1) If the defendant can show the conviction "resulted from a denial of fundamental fairness that would violate due process if committed in the United States...

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Texas: Cash for Clunkers?

Posted on August 04, 2009
Gun "buybacks" in Dallas and Ft. Worth!. Last one we had in Tucson, every gun collector cleaned out his junkers and pocketed cash for them. Others staked out the sites to see if anyone was bringing in a real collectible, and would then easily outbid the official price...

Friesen NFA case settles

Posted on August 03, 2009
Data here, with links. Basically, it was an NFA prosecution, where the defense launched a HARD attack on the messed up nature of the government's NFA firearm files, including calling a very well qualified expert to testify to the unreliability of files with such flaws...

Chicago gov't going trigger happy?

Posted on July 29, 2009
Chicago is instituting a major change in LE policy, allowing use of deadly force against felony suspects fleeing in autos. (The article does not explain the basis for a distinction between suspects fleeing in autos and those fleeing on foot, or whether a motorcycle counts as an auto)...

Nordyke taken for en banc review

Posted on July 29, 2009
In Nordyke v. King, a 9th Circuit three judge panel ruled that the 2A was incorporated and applied to the States (and also that the regulation in question was reasonable). Neither party applied for en banc review, but at least one judge did (as the rules allow)...

Airline shipment, and connections thru antigun States

Posted on July 29, 2009
Some good advice.

Bloomberg's battle against flintlock muskets

Posted on July 29, 2009
Story here. Brooklyn man has flintlock replica, doesn't even own powder and ball for it. NYC rules apparently exempt muzzle loaders, but NYPD is flipping out, investigating him and the gunsmith who made it, detectives ordered by those higher up to pursue the case...

Bear arms in self defense

Posted on July 28, 2009
Story here. A few years ago the Mt. Lemmon area, a 45 minute drive from here, was essentially besieged by its bear population. Particularly attractive targets (a pie shop) put metal grates on windows and doors, only to have them tear thru walls. Hat tip to reader David Hustvedt, who is from the area.

Major ATF incident

Posted on July 26, 2009
Stories here and here. Core event: Vince Cefalu, an ATF supervisor, and lead supervisor on the case, has testified that investigators perjured themselves to get a wiretap order, and that when he objected to this, he was taken off the case. The article also cites to CleanUpATF...

NRA to count vote on Sotomayor

Posted on July 24, 2009
Story here.

Thune amendment and Congressional Kabuke

Posted on July 23, 2009
Story here. Yep, it gets like that. People voting your way who are committed to switching their vote the other way if it makes a difference, folks asking your opponent if they can support you without danger of actually making a difference, and votes switched after the outcome is known.

SCOTUSBlog on 14th Amendment cases

Posted on July 23, 2009
"Might It Happen? Slaughterhouse Overruled?".

Thune amendment fails, but gathers a majority

Posted on July 22, 2009
Some manner of procedural requirement meant that the amendment had to get 60 votes, and it fell shy by a couple. But the vote was staggeringly lopsided -- 58 - 39. Story here; you can get the roll call here.

Local media on teaparty protests

Posted on July 22, 2009
A letter to the editor challenged the local paper's ignoring the "tea party" protests, and the newspaper responded: "As a general rule the Star does not cover protests. There are exceptions, but we make those decisions based on the uniqueness of the event, the anticipated turnout and the resources we have available...

Tucson home invasion

Posted on July 22, 2009
Around here, home invasion robbery stories usually end with a description of the robber's gunshot wounds. This case was a bit out of the ordinary. One of the robbers was a correctional officer. While they were pistol whipping the victim, his neighbor came outside and challenged them, and they shot at the neighbor...

VPC claims re: permit holder's crime

Posted on July 21, 2009
John Pierce has an excellent response.

Thune Bill / amendment to be considered this week

Posted on July 20, 2009
Story here. While the story is a little unclear, it sounds as if his proposal is to have national reciprocity, so that person with a permit in one State can carry in other States, and it seems to provide that if your State doesn't require a permit for (open or concealed carry? unclear) then it wouldn't required elsewhere...

Oldest man, WWI vet, dies

Posted on July 19, 2009
RIP Henry Allingham, at age 113. Last survivor of the Battle of Jutland (naval, 1916), saw service at Ypres (land, 1917), had 14 great-great-great grandchildren. When he was born -- Victoria was queen; Winston Churchill a 20ish fellow who'd never held office; Grover Cleveland was president of the US...

Legal guns in DC

Posted on July 17, 2009
Story here. After a year of legal registration, none of the firearms has been used in a criminal offense and, for that matter, none in a self defense incident.

AZ: no retrial for Harold Fish

Posted on July 17, 2009
Story here. "Rozema said that two developments prompted his decision not to retry the case. First, the Arizona Court of Appeals overturned Fish's conviction. ... [T]he appellate court decided the jury was not instructed properly as to what constitutes "unlawful physical force...

Judging and empathy

Posted on July 17, 2009
I think it was proper in this case. A judge inclines toward probation in a felon in possession case, the possessor being discovered after he mishandled a gun and blew one of gonads off.

ATF issues guidelines on receiver sales

Posted on July 14, 2009
Pdf here. Gist appears to be that a bare receiver is a firearm, but not a rifle, shotgun or handgun since it can be made into any of them (which I think may be true in some cases, but not in most). Ergo, (1) a bare receiver must be logged in by an FFL and cannot be sold to a nonresident, (2) since it is not a rifle or shotgun it cannot be sold to a person under 21, but (3) since it is not a handgun, either, multiple sales need not be reported.

AZ allows limited CCW in alcohol serving establishments

Posted on July 14, 2009
Story here. Governor Brewer signed legislation modifying the previous absolute ban on carrying in any establishment that served liquor (in any amount). Under the new law, a person could carry in such a place if (1) they personally consume no liquor; (2) they have a CCW permit; and (3) the establishment doesn't post signs forbidding carrying...

Sotomayor hearings

Posted on July 14, 2009
Instapundit has a good roundup, of which the link to Snowflakes in Hell is quite interesting. Don't have the energy or time to watch the hearings myself, still recovering, and catching up. And considering that the hearings began at 10 AM yesterday, and Sotomayor herself didn't get to speak until mid afternoon (the missing hours being devoted to speeches by committee members), it would have taken both time and energy to watch.

Sotomayor hearings, pt. 2

Posted on July 14, 2009
Randy Barnett, at the Volokh Conspiracy, posts some of the transcripts, which I find... well, incoherent. The type of answers that would draw zero points on a first year Con Law exam. Sen. Feingold: d like to hear your thoughts a bit on whether you see any common themes or important lessons in the Court's decisions in Rasul, Hamdi, Hamdan and Boumediene...

FLA law on no tolerance

Posted on July 12, 2009
Florida enacted a statute that at least requires school boards to review "no tolerance" policies. "In Hernando County, an 11-year-old girl was suspended for bringing a plastic butter knife to school. A student in Brandon was suspended because a calculator he brought to school was equipped with a "knife-like object...

Nelson Lund on incorporation and Judge Sotomayor

Posted on July 12, 2009
Prof. Lund has an op-ed here, and a law review article on incorporation here.

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