Constitutional Law

Washington AG Opinion on pre-emption

Posted on October 16, 2008
Via Joe Olson, comes the Attorney General's Opinion (pdf, one meg) that the mayor of Seattle is proposing to violate.

Gun political website

Posted on October 16, 2008
GunVoter.com. It's an online forum. At the bottom is a forum for state races, and subdivisions for each State. If you know something about a candidate in your state, you can post it, and if you want to know, you can check them out. A very interesting idea.

Article on Breyer dissent in Heller

Posted on October 16, 2008
"The Last Progressive: Justice Breyer, Heller, and "Judicial Judgment". "Progressive" here doesn't have its modern political meaning, but refers to a pattern of legal thought that began in the last 19th and early 20th centuries. It was, however, quite deferential to legislatures.

Donald Hamrick's blog and suit

Posted on October 16, 2008
He asked me to post a link to his blog and to the pdf of his lawsuit in DC US District Court (pdf; 5 megs).

To access this complete feed in the blog feed reader login or register for free.

Pre-emption conflict in Seattle

Posted on October 16, 2008
The Washington Att'y General rules that the pre-emption law forbids cities to enact gun regulation, but the mayor of Seattle protests he has "a moral responsibility" to do so.

How ATFE treats agents who pursue bad guys

Posted on October 15, 2008
I've got a copy of a Justice Dept Office of Inspector General report on a case--can't post it because it gives names and addresses, and I haven't the pdf editing capability to delete them. But here's a summary: ATF agent goes deep undercover, pursuing some genuinely violent bad guys...

A one-on-one view of Obama and the gun issue

Posted on October 15, 2008
The Exec. Director of the Illinois State Rifle Ass'n has this to say: "I lobbied Barack Obama extensively while he was an Illinois State Senator. As a result of that experience, I know Obama's attitudes toward guns and gun owners better than anyone...

Justifiable homicides up

Posted on October 15, 2008
So reports USA Today, with the note that it must reflect a "shoot first" mentality. A few problems: they're not up by much, and police justifiable homicides are up, also. One criminologist, who sounds like he spends too much time in the ivory tower, theorizes that because police have been issued more powerful arms, everyone else figures it's OK to shoot...

RIP Billy Chapman

Posted on October 15, 2008
Just received word that longtime Texas activist Billy Chapman passed away this morning. He was napping in a chair on his porch and didn't wake up.

Women !!!

Posted on October 14, 2008
An intruder breaks in, fires a shot, the couple arms, and this happens: "According to Babecki, his wife would have fired the rifle, except that she feared she might kill her pet birds in their cage right outside the bedroom."

A great beginning

Posted on October 14, 2008
"North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three dollar steak. Devlin knew. Five years on the beat, nine months with the Strike Force. He?d made fifteen, twenty drug busts in the neighborhood...

More from Britain

Posted on October 14, 2008
They're now instructing people who use barbed wire to keep out thieves to take it down lest a thief get hurt and sue. "Mr Malcolm's plight comes just weeks after Bristol council angered allotment holders by urging them not to lock their sheds in case burglars damaged them breaking in...

New gun blog

Posted on October 14, 2008
It's Tell Me Why. Just starting out, but will focus on products and tips.

Brady Campaign endorses Obama-Biden ticket

Posted on October 13, 2008
From their press release: "The difference between the two tickets is clearest with regard to assault weapons. Senator Obama made his position clear in his acceptance speech in Denver when he said "the reality of gun ownership may be different for hunters in rural Ohio than they are for those plagued by gang violence in Cleveland, but don't tell me we can't uphold the Second Amendment while keeping AK-47s out of the hands of criminals...

Heller team reply on motion for attorneys' fees

Posted on October 13, 2008
Here, in pdf. As might be expected, it is well-written and merciless. In trying to hold the award down, DC apparently argued that it was a perfectly ordinary appeal, so Gura takes all their requests for extensions of time, which universally claimed that it was unbelievably complex, and sticks it in their craw...

Update on Akins Accelerator

Posted on October 13, 2008
Georgia Packing has a webpage with all the pleadings and motions in the case.

So much for calling 911, part 1,223

Posted on October 13, 2008
Another case of "dial 911 and die." This time the future victim was told to stop calling or she'd be arrested.

New book on the Heller case

Posted on October 13, 2008
It's due out in November, but can be pre-ordered. Author is Reason magazine's Brian Doherty, publisher is the Cato Institute. Here's a Cato video on the Heller case. Press release says: In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v...

Thoughts on different sports

Posted on October 12, 2008
The Armed School Teacher's comment on the previous post brings to mind the nature of different sports. Soccer: Soccer hooligans terrorize European games, tearing down goal posts, assaulting opposing fans, and rioting. Shooting's equivalent: Two spectators get dirty looks for muttering "Semper Fi" a little too loudly after a Marine takes his shot...

Todd Jarrett webpage

Posted on October 12, 2008
I didn't know Todd Jarrett, our instructor at Blackwater, had his own webpage, but here it is. He was a superb instructor. Tho from my standpoint, I was like a high school student taking serious college courses; I really needed more experience and training to (1) be able to benefit more and (2) to save him the trouble of remedial ed...

More thought on the Akins Accelerator

Posted on October 12, 2008
Reader Unix Jedi (here's his blog) has this thought: "As much as I hate to... ATF's got a damn good case here. Let me point you to Mike Williamson who detailed why, it changed my mind: http://mzmadmike.livejournal.com/42839.html http://mzmadmike.livejournal...

Akins Accelerator district court ruling

Posted on October 10, 2008
Pdf of ruling here. As I understand it, the Akins involves letting the action slide in the stock so that the trigger essentially pushes itself against the finger, firing as fast as the device can cycle. ATF initially ruled that an Akins-equipped firearm was not a Title II since the trigger is pulled once for every shot...

Inspiring story

Posted on October 10, 2008
The story comes via Instapundit... Knox County (TN) Commissioner Greg Lambert hears a commotion at the shopping mall, cries that someone had been shot. Two unarmed security guards are trying to respond. Luckily Lambert is a CCW carrier, so when they find the armed suspect he holds him for police...

Georgia citizen detained for open carry

Posted on October 09, 2008
Another one. GeorgiaCarry.org filed suit and reports on the case. (A bit of background: the plaintiff is enlisted military, and was openly carrying in a store. He was stopped and the firearm confiscated. When he asked for its return, he was told it couldn't be returned, because they had forwarded it to the Georgia Bureau of Investigation...

Not again, again

Posted on October 09, 2008
I've previously posted about a Norfolk VA fellow who open carries, entirely lawful in VA, was arrested, sued and settled for $10,000.... And a few days later, doing the same on a bus, was detained by Norfolk police. Well, Virginia Civil Defense League held a dinner rally in his support...

AHSA: just Brady Campaign in a flannel shirt?

Posted on October 09, 2008
An interesting concept. Sensible Progressive lists the positions of American Hunters & Shooters Assn and Brady Campaign on gun control issues and demonstrates, surprise, that they are identical.

NRA to make announcement tomorrow

Posted on October 08, 2008
I'd guess it might be a certain endorsement. I'm just glad I don't have to make this schedule -- four cities, from the east coast to Nevada, in a single day. Details in extended entry below.

I know these guys would do anything to win an election...

Posted on October 08, 2008
But misappropriating the National Shooting Sports Foundation emailing list, to send out pro-Obama emailings? Snowflakes in Hell has the story. And here's the NSSF release on it, with links to their cease and desist letter.

Article on Nordyke v. King

Posted on October 08, 2008
An article in Reason, dealing with the Methusala of gun cases. Hat tip to reader Mark Noble...

Settlement in New Orleans gun seizures

Posted on October 08, 2008
AP reports the case has settled. It suggests that part of the settlement is a permanent injunction against seizures in similar future situations. UPDATE: Here's the NRA press release giving more details.

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.