Constitutional Law

Gun Buyback in Los Angeles

Posted on April 23, 2009
And, as Crime, Guns and Videotapes notes, it's time for every gunnie to trade in their junkers for $100-200, and have some cash to spend on ammunition!

Storm brewing in Milwaukee

Posted on April 22, 2009
The Wisconsin Attorney General has ruled that open carry is lawful and cannot be charged as disorderly conduct. (I find it amusing that the article claims that open carry is only allowed in two States, when in fact it's OK in the vast majority). But the Milwaukee police chief issues orders to arrest any open carriers and seize their firearm...

Gun Self Defense Blog passes a milestone

Posted on April 21, 2009
Clayton Cramer's gun self defense blog just chronicled its 4,000th such incident, and pauses to list a few conclusions: In six cases, the criminal managed to get a gun away from the defender, but in 183 cases the defender managed to get a gun away from the criminal...

Interesting 4th Amendment decision today

Posted on April 21, 2009
Opinion handed down today in Arizona v. Gant. Gant was arrested for driving on a suspended license, handcuffed and put in the squadcar. Officers then (with no probable cause) searched his car and found cocaine. Traditional reasons for search incident to arrest were officer safety, to make sure there was no weapon within reach, and also to prevent destruction of evidence...

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Nordyke v. King 9th Cir. incorporates 2nd

Posted on April 20, 2009
A tip from reader Alice Beard that 9th held 2d was incorporated in a ruling not yet posted. Will update. UPDATE: here's the ruling. On a quick read: Court incorporates the 2A on a selective incorporation, due process, theory, holding that the right is a fundamental one, deeply rooted in Anglo-American history, and traditionally seen as a natural right rather than a politically-created one...

Wash. Times tears into 90% figure

Posted on April 20, 2009
Editorial here. "Of the ones sent here to be traced, 90 percent turn out to be from America, but most guns recovered in Mexico are not sent here so are not included in the count. Fox News reported that 17 percent is a more accurate number. Democrats aren't alone in repeating phony gun statistics...

Additional thoughts on Nordyke

Posted on April 20, 2009
This has got to hurt. Only three days ago Chicago filed its brief in the 7th Circuit. Reading over it-- "The cited footnotes were dicta and when the issue was actually presented in the Ninth Circuit, it ruled that the Second Amendment does not limit the States...

April 19 thoughts

Posted on April 19, 2009
Rivrdog has some thoughts, appropriate to the date. Always wondered about the "shot heard round the world. In the days of blackpowder, the smoke would have made the shooter obvious to everyone for hundreds of yards. He'd know who it was, and so would everyone around him...

The REAL DHS report on extremism

Posted on April 19, 2009
Here's a real scoop. Just remember you first saw it here.

City's brief in Chicago challenge

Posted on April 18, 2009
Online here, in pdf. I think it's dead wrong, of course, but it is rather well written.

More thoughts on guns and Mexico and cartels

Posted on April 18, 2009
As noted earlier, everyone from President Obama to the Mexican ambassador is claiming that 90%, or even 95% of criminal guns recovered in Mexico come from the US. The fact that 90% of guns submitted to ATF for tracing trace to the US, but the Mexican government only submits guns that it thinks came from the US; a while back FoxNews ran the numbers and concluded that only 17% of guns recovered in Mexico came from the US...

Wash. Times takes aim at Pelosi

Posted on April 17, 2009
Editorial here.

Proposed OAS treaty

Posted on April 17, 2009
In floating an OAS proposed treaty with regard to control of small arms, the administration commented that it had been worked out with the aid of pro-gun groups. NRA says the hell it was.

Montana's exemption

Posted on April 17, 2009
Story here. While I agree with the idea, I can't see the legislation as having much practical impact. If a Federal law is unconstitutional, it is so whatever a State may legislative. If it is constitutional, then under the Supremacy Clause it overrides whatever a State may legislate...

Lott's on a roll!

Posted on April 16, 2009
Now, he's tearing into ABC 20/20. Hat tip to reader Jim Kindred...

Mayor Bloomberg pays for Virginia campaign ads

Posted on April 15, 2009
Story here. He's attacking pro-gun gubernatorial candidate Robert F. McDonnell, who as Attorney General dared write Bloomberg a letter notifying him that if he tried to set up Virginia FFLs in the future he'd face criminal charges. I suppose it's hard to be a millionaire, or a politician, let alone both, without becoming a narcissist, but to write someone "But all is forgiven if you do what?s right...

U.S. Miller question

Posted on April 15, 2009
This just popped into my head. Miller won in the trial court. The government filed for cert., Supreme Court accepted. Miller's attorney never formally appeared in the Supreme Court, did not show for oral argument. He also didn't brief it, and in fact sent a telegram asking the Court to consider the case submitted on the government's brief...

Supreme Court watching

Posted on April 15, 2009
A few weeks ago Justice Ginsburg commented that we might see changes in the Court's composition in the near future. Above the Law notes that every Justice has picked his/her four clerks for the next Term.... except Justice Souter, who hasn't picked any...

John Lott on many topics

Posted on April 15, 2009
Gun free zones, foreign experiences, "assault weapon" bans, and other issues. Video here.

Impressive self-defense

Posted on April 14, 2009
Video here. As pointed out, in each of the shopkeeper's gunfights, the robber started with his gun out and the shopkeeper with his stashed, but the good guy prevailed (albeit getting hit twice). This answers the 20/20 assertion that a defender will invariably freeze up and be helpless, while the thug will always be functional and confident.

Thoughts on a Heller v. DC exception

Posted on April 14, 2009
Kurt Hoffman discusses attempts to bar private sales at gun shows. What's esp interesting is a comment by reader Carl in Chicago. His point is that the Heller case is sometimes read to allow (or at least list as presumptively allowable) restrictions on sale and transfer...

Two die in Indiana swordfight

Posted on April 14, 2009
It seems more a vulgar brawl than an affair of honor.

Criminal investigation of a police dept....

Posted on April 14, 2009
Over claims that lead fragments may have escaped its shooting range. I'm quite open to the argument that neighbors who want the range closed are spreading lead around. Hard to see how lead fragments (not dust) could travel a fair distance (i.e., to somewhere on a school described as across a street)...

Strange events at Dept of Justice

Posted on April 13, 2009
It's almost as if they want to see an informant killed or something.

David Codrea on the NFA database

Posted on April 12, 2009
Right here.

PBS webpage seeking gun-related stories

Posted on April 11, 2009
Right here. They're soliciting stories dealing with guns, with an eye toward an HBO documentary -- self defense, crime, how a person got interested. Just starting out, and the balance is tipping toward antis. I'd suggest routing any people with self-defense stories their way.

ABC on self defense in active shooter cases

Posted on April 11, 2009
The story, or at least the predictable propaganda, is here. At least it has the virtue of unintended humor. Antigunners "point out that most people are unprepared to handle a gun," because most states don't require a permit that requires formal training...

More on Mexico

Posted on April 11, 2009
The Narcosphere points out that reports that (insert imaginary number) % of guns seized in Mexico trace to the US may illustrate a different problem. With State Department approval, American companies sell about $300,000 a year of military/police arms and hardware to the Mexican military and law enforcement...

911 calls from Hell...

Posted on April 10, 2009
Story here.

It must really suck to be on the other side....

Posted on April 10, 2009
Scripps News: Prospects dim for new restrictions on gun ownership. "The White House Web site's description of the administration's agenda calls for a variety of gun-control measures, .... But the Democratic majority at the other end of Pennsylvania Avenue has shown no appetite to act on any of those proposals...

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