Constitutional Law

Ken Salazar at Interior Dept

Posted on December 20, 2008
Sensibly Progressive, who is one of his constituents, has a favorable take on the nominee for Interior Secretary.

Must be the week for 2A lawsuits

Posted on December 19, 2008
A ways back, Bob Barr filed suit for a Georgia FFL (Adventure Outdoor Sports) targeted by Mayor Bloomberg's "stings," alleging that Bloomberg had slandered the owner. Bloomberg's guys got it removed to Federal court, and argued NY law, giving public officials a wide privilege against defamation suits, should apply...

Lawsuit in PA

Posted on December 19, 2008
Filed against Delaware County, which apparently takes the view that if it ever lays hands on a gun, it takes a court order to get it back. It takes a lawsuit? Be careful what you wish for, as sometimes you get it.

New regs on carrying in National Parks and Wildlife Refuges

Posted on December 18, 2008
Pdf of final rule here. They go into effect on January 9. The actual rule is two paragraphs long, at pp. 74971-72, and says that a person may "possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law...

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Conflict over may issue permits in California

Posted on December 18, 2008
In Orange County, conflict over the new sheriff's plan to revoke CCW permits en masse. The former sheriff issued them as political favors, the new one wants to revoke them by the hundreds. The wonderful nature of unbridled discretion.

District Judge rules for Chicago

Posted on December 18, 2008
Story here. The article doesn't make it clear, but given that he'd ruled earlier, I assume this means he dismissed the case, that is, entered an appealable order. Not a surprise to anyone. Even assuming the judge wasn't part of the local machine, the Circuit Court, which is over his head, ruled the other way in the original Morton Grove case, and he can't overrule them...

Heads up for VA residents

Posted on December 18, 2008
VCDL is sponsoring "Lobby Day" at the State capitol on Monday, January 19. Here's the flyer, in pdf, and here's some video. Several rallies are planned, and they're looking for the best turnout they can generate.

And a VA open carry case settles, too...

Posted on December 18, 2008
Story here. This has not been a good week for those who would bust people for lawful carry.... H/t to reader Ambiguous Ambiguae....

Los Angeles decides Calif gun laws are just too loose

Posted on December 17, 2008
Story here. I mean, the State only outlaws .50 caliber rifles, but not possession of their ammunition. It doesn't require registration of ordinary ammunition sales. Hat tip to reader Robert E. ....

Case involving GA open carry settles

Posted on December 17, 2008
Here's the story. Fellow was openly carrying (and both has a license, and is military, either of which suffice to make open carry legal). His gun was seized and they refused to return it. Georgiacarry.org took the case, got return of the gun, damages, and attorney fees...

Oklahoma move to repeal sales tax on firearms

Posted on December 16, 2008
Story here. Note a sales tax on firearms isn't a real constitutional difficulty: you can have a nondiscriminatory sales tax on things related to the First Amendment (TVs, radios, and even newspapers although I haven't encountered a jurisdiction that taxes the last)...

Testimony on NFA database

Posted on December 16, 2008
Here's the testimony of on the reliability of the NFA database; the critical part being testimony of Fritz Scheuren in part 6 of the transcript, starting at 1016. Dr. Scheuren's credentials were hard to beat -- among other things, he's Vice President for Statistics at the National Opinion Research Center...

DC adds to its gun law

Posted on December 16, 2008
AP release here. DC adds a training requirement before registration, and a re-registration requirement every three years.

Update on Steve Halbrook book bomb

Posted on December 15, 2008
Just spoke to the folks at Independent Institution. Steve's book is up to No. 327. I reported that Amazon sold out, and they said a resupply is being shipped today, and should be available to fill orders within a couple of days.

Assault charges for squirting fox urine on trespassers

Posted on December 15, 2008
Homeowner learns kids are going to TP his house, loads a squirt gun with fox urine, squirts them and is charged with assault. Snowflakes in Hell has the story. You'd have thought they'd regard it as one prank deserves another. The hardest part, I'm sure, was forcing the fox to urinate in the squirt gun (grin).

Press releases certain groups wish they could take back

Posted on December 14, 2008
First, from Violence Policy Center: "VPC Lauds Introduction of Blagojevich Bill to Ban "Pocket Rockets"" Next, from the Brady Campaign: "Brady Campaign Praises Governor Blagojevich for Standing Up To Special Interests and Protecting the People of Illinois" And they'd probably like to bury the image in the left margin of this article, too.

Ill Senate seat for sale on Ebay

Posted on December 13, 2008
Right here, and for a lot less than governor Blagie... Bloga... Blagev... the Governor of Illinois was asking, too!

Launching a "book bomb" for Steve Halbrook

Posted on December 13, 2008
Steve has just brought out his latest book, "The Founders? Second Amendment." It's getting great reviews -- National Review calls it highly readable and interesting, "Every American who cares about this provision of the Constitution can now arm himself against the sophistries and oversimplifications that have permeated much of the popular and professional discourse...

OSHA idea

Posted on December 12, 2008
In Florida and elsewhere, companies have argued OSHA (as federal law) overrides State laws allowing storage of firearms in locked cars in workplace parking lots. I think the argument relates to OSHA's vague statutory duty to make a workplace safe, rather than any regulations issued, so the following may or may not be relevant, but...

Corruption and antigun track record

Posted on December 11, 2008
An interesting thought, from Days of our Trailers: "he anti's are the ones that claim they're 'honest'. Is this what they mean? Blago is the second Brady Campaign endorsed state governor to take a fall for corruption this year. We all remember NY Gov...

A therapist's suggestion for Christmas carols...

Posted on December 11, 2008
1. Schizophrenia --- Do You Hear What I Hear? 2. Multiple Personality Disorder --- We Three Kings Disoriented Are 3. Dementia --- I Think I'll be Home for Christmas 4. Narcissistic --- Hark the Herald Angels Sing About Me 5. Manic --- Deck the Halls and Walls and House and Lawn and Streets and Stores and Office and Town and Cars and Buses and Trucks and Trees and...

"The Friendless Ninth Circuit"

Posted on December 10, 2008
So says the Blog of Legal Times. It reports a Supreme Court argument, with four advocates speaking (one having gotten his time by pointing out that no one else was defending the decision below), in which not a single advocate defended the Circuit's ruling.

Indian gun rights group speaks out

Posted on December 10, 2008
Story here. As we'd say in Arizona, "that's Indian, as in India," since the vast majority of Indians here descend from folks who came across the Bering Strait about 20,000+ years ago.

Gov. Blagojevich arrested

Posted on December 09, 2008
Anti-gun IL governor Blagojevich was was arrested this morning on federal corruption and bribery charges. Investigation also involves his choice of pres-elect Obama's replacement in the Senate. UPDATE: USA Today says that his chief of staff, John Harris, was also arrested...

Lawsuit in PA

Posted on December 08, 2008
Snowflakes in Hell has the story. It involves the lady who had her concealed carry license revoked -- for open carrying.

serious overreaction

Posted on December 08, 2008
10 year old takes cap gun to school, later goes to a kid's house with it and asks if he wants to play. Kid runs back into house and calls 911. End result: 10 year old is arrested, charged with possessing a weapon (??) at school and with making "terroristic threats" (some States have that as an offense)...

Article replying to Judge Wilkinson

Posted on December 07, 2008
I blogged a while ago about the article by Judge J. Harvey Wilkinson, arguing that Heller was essentially non-conservative because it (like Roe v. Wade) was a mark of "judicial activism." Now Prof. Nelson Lund and Dave Kopel have a detailed reply. You can read the abstract there, and download the paper in pdf (see link above its title)...

Interesting article

Posted on December 07, 2008
"If each of us carried a gun . . . we could help to combat terrorism". Perhaps the most interesting aspect is that it's in the Time of London. This will likely stir a bit of controversy.

Strange nongun cases today

Posted on December 06, 2008
A stockbroker embezzles hundreds of thousands from his clients, and then falls for one of those dumb-arse Nigerian business scams. A big-time NYC attorney is arrested in Canada for impersonating a different lawyer.

NYC firearm permits

Posted on December 06, 2008
An interesting article. 37,000 permits of one or another type, about half of them to security guards or retired LEOs, most of the remainder only allowing possession but not carry. Only a little over 2,000 full carry licenses. Mayor says that for the last "you should have to really show that your life is in danger, and that having a gun will protect you, will improve the chances of you surviving...

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