Constitutional Law

Thoughts on bureaucracy, ordinary, LE, and military

Posted on July 30, 2010
Some thoughts, from an editorial in the Richmond Times-Dispatch.

Building a Williams Gun

Posted on July 30, 2010
The story is here. The Williams Gun was a Confederate creation. It was a rapid firing, carriage mounted, rifled gun of 1.5" bore. Its projectiles were gigantic Minie type ones, cast in lead, and explosive ones were made with a cavity for black powder and a nipple for percussion cap on the nose...

If you're in Washington State

Posted on July 30, 2010
I wouldn't know anything of Washington judges, but I rec'd an email from Alan Gottlieb endorsing Richard Sanders. His webpage is here. Alan notes that Sanders voted, prior to Chicago, in favor of the 2A being incorporated. Alan writes: "Sanders wrote, "Gun ownership is an inexorable birthright of American tradition...

Lott takes apart antis' claims about CCW permittees

Posted on July 29, 2010
Article here. As always he does a serious job of refutation, find their figures (tiny though they are) include a large proportion of self-defense shooting, and even suicides, which don't have a lot to do with CCW permits. Hat tip to reader Jim Kindred...

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New AZ law in effect

Posted on July 29, 2010
As of today, Arizona's ban on CCW without a permit has expired. Not that it makes much difference to us 1911 lovers. Sorta hard to conceal one -- in AZ, it wasn't concealed if any part of the firearm was visible.

SAF, Alan Gura, sue over Maryland carry permit denial

Posted on July 29, 2010
Story here. Again, a careful choice of plaintiff, facts, and law. Plaintiff had a permit to carry after his house was broken into; then renewal was denied for lack of demonstrated cause, even though the perp is now out of prison and living a few miles away...

90 days incarceration

Posted on July 28, 2010
They don't tolerate arachnid rustling in Carroll County, MD.

CalGuns, others, sue against Calif. ammunition law

Posted on July 28, 2010
Complaint here, in pdf. The new California statute requires handgun ammunition to be sold face-to-face, with ID from the purchaser, and delivered at his address to himself and no one else. Plaintiffs challenge this as violating the Federal Aviation Admin...

Interview with plaintiffs in Westchester County case

Posted on July 28, 2010
Interesting interviews over at Only Guns and Money.

I think we need a new organization

Posted on July 27, 2010
Perhaps call it Sheriffs for Civil Liberties. Add to this fellow Sheriff Printz, of the NRA Board, Sheriff Mack, my former client, and I'm sure we could round up quite a few more.

Demos becoming more pro 2A

Posted on July 26, 2010
Story here. And I'm glad to see it cataloged under "Civil Liberties."

Handgun ownership in Chicago

Posted on July 25, 2010
Daley's attempt to make registration onerous, rather than impossible, isn't succeeding very well. hat tip to sixgun sarah.... UPDATE: I verified the url, using the very link that was emailed to me -- and suddenly it doesn't work. On a second try, five minutes later, it did...

Online discussion of 14th Amendment and Chicago

Posted on July 22, 2010
Online video here at 7 PM Pacific, 10 PM Eastern, tonight. Speaking will be Steve Halbrook (who was bringing out books on the 14th Amendment and the right to arms 20+ years before Chicago, and got I think six citations in that opinion) and Don Kilmer, attorney in the Nordyke case, where the 9th Circuit panel ruled in favor of incorporation before Chicago came down.

A commentary on McDonald v. Chicago

Posted on July 21, 2010
Right here. "I purchased a gun several years ago, when I became concerned for the safety of my young family after receiving a verbal racial assault in our 21st century Northern California neighborhood. Perhaps I am the only Stanford Law professor who owns guns, including the one that once graced my father?s lap on that porch forty years ago...

Richmond Times-Dispatch covers the Thomas concurrence

Posted on July 21, 2010
It's not often one sees a newspaper article that reproduces large portions of a Supreme Court opinion. It's a far cut above the usual "the decision will have these policy effects," or "these people cheered it and those people don't like it." To actually report a decision, and edit it down to suitable size, requires too much work.

Update in Nordyke

Posted on July 20, 2010
Yesterday the 9th Circuit panel issued an order: Before: ALARCÓN, O?SCANNLAIN and GOULD, Circuit Judges. The parties are ordered to file supplemental briefs addressing: (1) the impact of McDonald v. City of Chicago, No. 08-1521, 2010 WL 2555188 (U...

Update on Bellesiles' recent affair

Posted on July 20, 2010
The Chronicle of Higher Ed has added an editor's note to the end of the article. Their investigation led to the conclusion that the student whose brother had supposedly been killed in Iraq made the story up, and fed it to Bellesiles. Hat tip to reader Jim D...

Target: New York

Posted on July 15, 2010
Alan Gura and the Second Amendment Foundation have challenged New York's "good cause" requirement for a carry license. As usual, good targeting. It moves from "keep" to "carry," and aims at a system that requires exercise of a constitutional right to be authorized by permit, on the vague basis of "good cause...

LCAV dinner tonight in San Francisco

Posted on July 14, 2010
Legal Community Against Violence, a wholly-owned subsidiary of Joyce Foundation, is having a fancy dinner tonight, and CalGuns is planning some mischief. Read about 2/3 of the way down to see the plans beginning.

More on Bellesiles' latest

Posted on July 13, 2010
James Lindgren reports on his more extensive investigation. He submits that Chronicles of Higher Education, which published B's article, at this point must ask him for proof, because every indicator is that his article is fiction. Update: last night Chronicles informed Prof...

Political donations

Posted on July 13, 2010
US News: progun groups donate 116 times as much to candidates as do antigun groups.

Another Chicago suit

Posted on July 12, 2010
Complaint here, and here's the take at No Lawyers, Just Guns and Money. Claims include an FFL's argument that the continuing ban on sale of handguns is unconstitutional, attacks on one gun a month and other provisions of the replacement ordinance, a class action for compensation for owners of guns confiscated under the invalidated ordinance, and some others...

Development in Nordyke v. King

Posted on July 12, 2010
Nordyke is the incredibly long-lived challenge to a California ban on gun shows at a county facility. A three-judge Ninth Circuit panel had ruled that the Second Amendment applies to the States via the 14th, but that the ban was limited and constitutional...

Federal judge rips sheriff over permit denial

Posted on July 10, 2010
Story here. "U.S. District Judge Mark Bennett also ordered Weber to successfully complete a court-approved course on the U.S. Constitution within five months."

Thought for the day

Posted on July 08, 2010
In Heller, the dissent took the view that the Second Amendment was adopted in order to ensure that Americans could participate in State-mustered forces that could resist the Federal government with armed force. Combined with McDonald.... the "liberal" wing embraces Jefferson Davis, the "conservative" wing embraces John Bingham...

Bellesiles writes again ... and gets pounded again

Posted on July 07, 2010
He publishes a story in the Chronicles of Higher Education about a student of his in Central Connecticut State University, whose brother enlisted in the Army, served in Iraq and was fatally shot in the head. He was too badly injured to be evacuated from Iraq, and he died weeks later...

NRA sues over new Chicago restrictions

Posted on July 06, 2010
Press release here.

Suit over new Chicago restrictions

Posted on July 06, 2010
NRA Press release here. Update: NRA appears to be supporting the suit, brought by the Illinois Assn of Firearms Retailers, the State affiliate of National Shooting Sports Foundation. Press release here.

This settles one thing

Posted on July 05, 2010
I have long felt that Second Amendment legal thinking is guided, not by any "liberal vs. conservative" division, but by "comfortable around guns vs. guns are foreign, strange, and dangerous: division. I have a number of friends and 2A advocates -- the crowning case being Mark Benenson, former president of Amnesty International's US branch -- who could be described as "liberal" by any conceivable standard...

Pro-arms article ... at Daily Kos?

Posted on July 05, 2010
Right here. The comments (1,400+ of them) are equally interesting. Hat tip to reader Matthew Carmel...

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