Constitutional Law

Steve Halbrook's video testimony against Holder

Posted on January 24, 2009
The Independent Institute has it online.

GeorgiaCarry.org gets good press for CCW

Posted on January 24, 2009
Video link here. It's a lesson in how to win PR battles. (1) A local group will attract more and more favorable media interest than a national group can and (2) if you actually work with reporters, they may just like it. Hat tip to reader Ed Stone...

New admin. and guns in Parks rule

Posted on January 23, 2009
I'd agree with this assessment that the new Administration, even if it wanted to mess with the issue, will have to undertake a new rulemaking to overturn the rule allowing firearms in national parks and wildlife refuges. It's already past its effective date, and thus is binding...

A pro-gun US Senator from NY?

Posted on January 23, 2009
NY Gov. Paterson has picked Kirsten Gillibrand to replace Hillary Clinton as US Senator. The NY Times reports: "If Mr. Paterson was hoping to quiet the tumult over the selection process by picking Ms. Gillibrand, there were indications that he may not get his wish...

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Nice being in AZ

Posted on January 22, 2009
The legislature authorized speed cameras for State highways. People circulated petitions against them. The Pinal County Sheriff was among the first to sign. He told a reporter that we all know this is about raising money, not about law enforcement, and he's never yet seen a speed camera stop a drunk driver, or execute an arrest warrant, or "just give directions" to a lost driver.

Militia and State powers

Posted on January 21, 2009
Was inspired to a separate post by a comment from J. Norman Heath, who indeed wrote "the" article on the issue, "Exposing the Second Amendment" 79 U.Det. Mercy L.R. 39 (2001). He examines early Supreme Court decisions, and concludes that the Court left the States with very little in the way of power...

NY trial ct rules against incorporation of the 2A

Posted on January 21, 2009
Opinion in extended entry, below. Not too surprising. Lower courts can be expected to "pass the buck" upstairs on the issue. It's good that both the Chicago action and Nordyke are so far along in the process, because criminal defense attorneys have a duty to raise the issue, and generally we wouldn't want those cases to go first.

Strange situation in Texas

Posted on January 21, 2009
Story here. Woman comes into office with a hunting bow, shoots a guy with an arrow, draws a (fake) gun, and points it at two other employees. Who happen to be CCW holders, and packing. She takes several hits and retreats. An officer comes in to evacuate the guy with the arrow in him, and she starts drawing the bow for a shot at the officer, who fires on her...

Interesting constitutional question re nominations

Posted on January 21, 2009
A friend mentioned this. The Constitution says the President shall nominate Cabinet officers. Barack Obama nominated Hillary Clinton for Sec. of State on on December 2, 2008. On December 2, 2008, the President was George W. Bush. The same can be said of the other Cabinet officers nominated before noon on January 20, 2009.

ballistic Ipod app

Posted on January 20, 2009
Story here.

What if Heller had turned out the other way?

Posted on January 20, 2009
Prof. Nick Johnson asks the question, in the Wake Forest Law Review. His points are practical rather than legal ones. (1) The only supply-side gun control that would have a chance of affecting crime is a ban and confiscation, all this toying around with assault weapons and similar issues is mere symbolism that affects nothing...

sidestepping NYC gun laws

Posted on January 19, 2009
A writer finds one way around them.

Interesting Georgia case

Posted on January 19, 2009
Pdf here. The gun owner was convicted of a drug offense in 1969, and received a full pardon in 1995. When he tried to purchase a firearm, the NICS staff called a local judge and asked him to revoke the fellow's pistol permit (which I suspect is a BIG violation of the Privacy Act)...

Debate on shall issue's effect on crime continues

Posted on January 18, 2009
A summary of a recent article, over at the Volokh Conspiracy. It's an answer to an earlier article arguing that shall-issue increases crime rates. I'm not statistician, but the gist of it is that the earlier article got its results only by considering crime rates in the first five years after enactment; if it had extended to six or more years, it would show crime rate reductions...

Oral argument in Nordyke v. King

Posted on January 16, 2009
Audio here, in Windows Media Format. Great line by one of the judges, when the County advocate argued that while you can't physically have guns at a gun show, you still could offer to sell them, then consummate the sale off the county fairgrounds: "I just have trouble with the concept that you can have a gun show so long as you don't show guns...

More on San Fran Housing authority settling out

Posted on January 15, 2009
The San Francisco Housing Authority settled its suit with NRA (and I've been told the terms did include attorneys' fees). Now, to put a position spin on it, the Authority is contending its rules really weren't intended to ban guns: "Tim Larsen, a lawyer for the Housing Authority, said Tuesday the agency never intended to enforce its 2005 ban against law-abiding gun owners and has never done so, even though the lease provision covered legal as well as illegal weapons...

Steve Halbrook testifies on Eric Holder nomination

Posted on January 15, 2009
Summary here. If you want to order Steve's new book, here is where to do it.

DC targeting real criminals?

Posted on January 14, 2009
Naw, it'd rather bring felony gun charges against a Marine double amputee on his way to Walter Reed. Story here. And sounds like it pushed hard, retrying him a third time after two deadlocked juries. The last jury walked him on the felony, but convicted him on misdemeanor possession of ammunition...

Bloomberg's Mayors Group loses yet another

Posted on January 14, 2009
It's becoming a tidal wave! Now Racine Mayor Gary Becker is booked for attempted child molestation and other offenses. Is getting arrested on felony raps a fad in Mayors Against Illegal Guns? This makes two in a single week.

Debate on Chicago cases

Posted on January 13, 2009
Tonight, at 5:30, hosted by the Federalist Society's Chicago Chapter. Hat tip to reader Carl in Chicago....

Battle with DC motor vehicle licensing

Posted on January 13, 2009
NRA's General Counsel's Office just won it. (pdf). Motor Vehicles refused a custom plate of "TRIGGER" because it "may" offend certain people. They wound up backing down.

T-Shirts that can get you a quarter of million bucks?

Posted on January 13, 2009
Who knows, it might just work.

Gun salesman of the year....

Posted on January 13, 2009
The title goes to guess who?

Sullivan resigns as acting ATFE director

Posted on January 13, 2009
Story here. Pretty much inevitable -- he was a Repub. nominee who couldn't get confirmed.

Eric Holder nomination

Posted on January 12, 2009
Here is a pdf of NRA's letter to Judiciary Committee.

Magistrate holds statute unconstitutional under Heller

Posted on January 12, 2009
Over at the Volokh Conspiracy, Gene Volokh notes a magistrate ruling. The magistrate refuses to follow a federal statute providing that giving up all guns shall be a condition of pre-trial release in child porn cases. Magistrate concludes that under Heller, disarming a person merely accused of an offense, and a nonviolent one at that, without an individualized finding of dangerousness, is deprivation of liberty w/o due process.

Crime fighting's Future Is a Man with a Gun

Posted on January 12, 2009
So says this column in the Orlando Sentinel. A good piece of writing. Hat tip to Dan Gifford...

A busy time for Heller commentary

Posted on January 12, 2009
First, Nelson Lund of Geo. Mason U. Law School has posted a paper, "The Second Amendment, Heller, and Originalist Jurisprudence." While he agrees with the majority's conclusion, he is disappointed in, for example, its dicta regarding how certain laws would still pass muster, which is given without any explanation derived from original understanding...

ANOTHER Bloomberg mayor goes down

Posted on January 10, 2009
Baltimore Mayor Sheila Dixon is on the receiving end of a 12 count felony indictment relating to receiving tens of thousands in "gifts" from a land developer and ripping off donations meant to help the homeless.

Honoring Ugo Beretta

Posted on January 10, 2009
Snowflakes in Hell has the story. An interesting firearm manufacturer, BTW, in that it's been in operation since the 1500s and is still owned and run by the same family after nearly half a millenium. Spelling corrected, thanks. Was very tired.

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