Constitutional Law

A real ATF undercover op

Posted on November 25, 2008
Story here. As the author notes, the guys who do this face two risks. (1) Getting killed by the targets, who are now into background checks! (2) Being ruined by backstabbing superiors, as has happened to agents in the past if the operation wasn't 100% successful...

George Will

Posted on November 24, 2008
I suppose I must mention his piece in WashPo. I mean he is a famous writer who wears a tie and always looks like he never got over being buggered with a turnip during freshman hazing at an Ivy League school (and has a classical education so he would recognize being buggered with a turnip) but can still use baseball analogies in every article, even if discussing his appendectomy, just to show he's one of the guys...

NSSF on lead in hunted game

Posted on November 24, 2008
Right here, at their new blog. A CDC study shows hunters have LOWER blood lead than is average. We found similar results here when there was a challenge to lead at a shooting range. We could show no possible migration via air or groundwater, but the laboratory (which was apparently paid to get results) theorized that, since everyone inadvertently eats a small amount of dust per day, range users might ingest it that way...

Trip done!

Posted on November 24, 2008
Heading home, after many Heller activities and much research. Be back to blogging tonight or tomorrow....

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Freedom States Alliance shows ,,, something

Posted on November 23, 2008
I have trouble finding a short term for the ability to pontificate while remaining utterly clueless. Reporter runs story on handgun deer hunting season, apparently feels compelled to interview someone who dislikes it, and winds up running an FSA opposition to ...

Brady Center on AW bans

Posted on November 23, 2008
They didn't waste much time. (pdf)

AG nominee on the gun issue

Posted on November 21, 2008
Here's Dave Kopel's take, at the Volokh Conspiracy. Holder seems opposed to guns, except when federal LEOs are sticking them in civilians' faces.

Obama's AG nominee: gun shows are for terrorists

Posted on November 20, 2008
Story here.

Heller symposium

Posted on November 19, 2008
Attended it tonight, at George Mason Univ. School of Law. Most was about things I already knew, but I did get to meet Dick Heller, Then there was Dennis Hennigan of Brady Campaign. He was explaining hiow Heller was actually a good thing for them, since now they could pass various forms of legislation without anyone being able to argue it will lead to confiscation...

Winnetka IL repeals its handgun ban

Posted on November 18, 2008
Pdf here. Of the six Illinois municipalities that had handgun bans, all but Chicago and Oak Park have repealed them. Hat tip to reader Carl in Chicago...

The inside story on Parker/Heller

Posted on November 18, 2008
At Reason Online.

Suit by Georgia Carrying member

Posted on November 17, 2008
Fellow is carrying openly, with result that people across the street phone in a "man with a gun" report. In these parts the deputies would ask what make, is he selling, and what price does he want. They weren't so understanding, tho, and arrested him for CCW and disturbing the peace by causing people to be alarmed (which is a bit inconsistent: how could anyone be alarmed if it wasn't visible?)...

On stopping schoolground killers

Posted on November 17, 2008
An interesting piece on changes to police tactics. The traditional response was bring up the SWAT team, plan it out carefully, then go in. As the matter was better understood, this switched to whoever gets there first goes in immediately -- seconds passing means people dying...

NRA birthday

Posted on November 17, 2008
It's its 137th, founded Nov. 17, 1871. Founded by William Church, who'd been a Union officer during The Great Unpleasantness, and was dismayed by his troops' lousy marksmanship. And more dismayed to discover the Army had no real shooting manuals. As I recall, the drill manual just showed how to stand when firing offhand, not a word about sight alignment, much less bullet drop, trigger squeeze, etc...

Deer-auto collisions

Posted on November 16, 2008
Wisconsin DOT report here in pdf. It notes deer are the third most commonly struck item, that collisions with deer killed 14 and seriously injured 100 in 2007.

Thoughts on Obama's national security force

Posted on November 15, 2008
Israpundit has thoughts here, and I suspect he's dead on. The purpose is not security, but "re-education" of the participants.

Inspirational thought

Posted on November 15, 2008
Was down talking to friends two friends, military historians who are museum curators. One has a son in the Army. He was until recently on the Korean DMZ, which is more of a no-man's land, esp. at night. They're on a night patrol, about 2 AM, 20 below zero...

Good news!

Posted on November 15, 2008
The Supreme Court, in a 5-4, has decided against striking the Bill of Rights, at least for now. (Note: is from The Onion, a hilarious site).

An NRA of Israel!

Posted on November 14, 2008
Story here.

Banning guns by their bore size

Posted on November 14, 2008
Scott Back has thoughts over at New Jersey Voices. There's a proposal in the NJ Assembly A2116, soon up for a vote, that bans anything modern gun of .50 caliber or over, and any muzzleloader of .60 caliber or over. I guess NJ can forget about Revolutionary War re-enactments if it passes...

Obama Admin snubbing Civil Rights Act?

Posted on November 14, 2008
Their questionaire for political appointees (for thousands of positions, BTW, not just cabinet posts) asks about arrests. "There are no time limits for some information, including liens, tax audits, lawsuits, legal charges, bankruptcies or arrests." "Only the smallest details are excluded; traffic tickets carrying fines of less than $50 need not be reported, the application says...

New video download on the 2A

Posted on November 13, 2008
JPFO has it, in a free download. Look on the upper right part of their page. It's entitled "2A Today for the USA."

Interesting article on self defense

Posted on November 13, 2008
Right here, in pdf. Author raises the point that the present test for self defense (did the defender reasonably believe he was in danger or lethal danger?) misses much of true self defense. I.e., when the defender is attacked by surprise and reacts by reflex, not really having a belief about anything...

Obama Admin. asks applicants whether they own guns

Posted on November 13, 2008
As noted at the Volokh Conspiracy, question 59 on the questionaire that applicants for appoint fill out reads: "Do you or any members of your immediate family own a gun? If so, provide complete ownership and registration information. Has the registration ever lapsed? Please also describe how and by whom it is used and whether it has been the cause of any personal injuries or property damage...

My gunslinging ancestor

Posted on November 12, 2008
Ancestry magazine has an article on uses of aliases by ancestors, and my gunslinging judge great-grandfather got a prominent mention. My online tale of him is here. Outlaw Nat Hickman, who became Judge Charles Hardy of Arizona Territory.

Supreme Court ruling on whales and sonar and NEPA

Posted on November 12, 2008
Winters v. Natural Resources Defense Council, handed down this morning. I'm posting it because the majority opinion isn't about whales and sonar: it's about injunction as a remedy, which is what you aim for in a test case. You start out seeking a preliminary injunction (order the other guy to stop it until we can get this case to trial) and end up seeking a permanent injunction (order him to stop it, permanently, after trial)...

Orange Co. CA sheriff decides there's too many CCW permits

Posted on November 12, 2008
Story here. The perils of "may issue." The new sheriff decides there simply must be too many permits, because a neighboring county has issued only a third as many. On the other hand, there is evidence the outgoing (indicted) sheriff issued them to campaign workers and buddies...

Debate: do guns keep you safe?

Posted on November 11, 2008
A debate at Opposing Views. Opposing Views is an interesting concept. They take public issues, solicit arguments from spokesmen on either side (here, NRA, GoA and Citizens' Committee vs. Ceasefire and Freedom States Alliance, then open the debate to comments.

Interesting approach by OR sheriff

Posted on November 11, 2008
A newspaper (Mail-Tribune of Bedford OR) sued Sheriff Rob Gordon, to obtain the names of 10,000 CCW permit holders. He opposed on the ground that State law exempts from disclosure info that is related to personal security. The Circuit Court ruled that CCW permits aren't automatically related to security; that must be proven...

LA Times shows its understanding and impartiality

Posted on November 11, 2008
Here's its report on the oral argument in the Hayes case. All the Court is trying to do is figure out what Congress meant when it defined domestic violence offense. Does that mean the elements of the underlying misdemeanor must be (1) use or threat of force (2) against a household member, or just (1) misdemeanor use or threat of force? (I...

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