Category: 2nd Amendment

Professor Eugene Volokh looks at the low hanging fruit in terms of laws that are unconstitutional under the Second Amendment. I don’t have much to add, and agree many of the items he mentions ought to be up for consideration. I do want to comment on this, however:

Bans on so-called assault weapons, for instance, strike me as unwise, but they don’t themselves practically interfere with self-defense in a substantial way: people remain free to have guns that are just as effective for self-defense.

Isn’t this the same argument that the District of Columbia made in the Heller case? They were free to ban handguns because the people still had shotguns and rifles as options. Who’s to decide what burdens self-defense in a substantial way? If the vast majority of self-defense incidents only require 0 to two shots, why can’t the state outlaw anything that isn’t a two shot derringer, or a double barrel shotgun? If you use a test like that, it’s no real restraint on government, and requires judges to make decisions they have nearly no expertise to make; what does or doesn’t constitute a substantial burden on self-defense. The common use test, for all its flaws, is far preferable, because then the people get to decide.

Welcome back from the weekend everybody. Browsers ground to a halt, so it’s time to start unloading some news:

Gun Vote 2014:

It’s looking more and more like Hickenlooper might be vulnerable in Colorado. We need his head on the proverbial pike this election. This is where to make our stand. Those of us in Pennsylvania need to help Corbett too. Whether you’re pissed off at him on other issues (I sure am), his quick repudiation of gun control in the wake of Sandy Hook helped us tremendously.

In Washington State, it’s the rich elites against the rest of us.

Cuomo isn’t looking to hot either. NOW has endorsed his opponent in the primary. Well, he’s certainly very good at New Yorkers good jobs. Just remember, when it comes to priorities, Cuomo chose gun control over jobs.

Meanwhile, the anti-gunners are throwing every last dollar Bloomberg managed to find in his sofa at this race. It’s funny how the left celebrates rich plutocrats dumping tons of cash against a grassroots organization, as long as they agree with the rich plutocrat.

Legislative:

Jim Sensenbrenner introduces a bill to disband ATF. Bob Owners is correct that it’s something neither side wants, and for the reasons he cites. Gun laws won’t go away, and enforcement will likely shift to the FBI, who will be very competent and railroading gun owners, and also seeking more congressional funding to do so.

A plurality of folks in New Jersey agree with Christie’s veto of their new magazine and gun ban. That’s progress!

The Well-Regulated Militia:

Whether they realize it or not, these folks are doing something that has a long tradition in America, among both blacks and whites, though I agree with Glenn Reynolds take on the reaction of polite society.

From Jim Geraghty, are ISIS ‘External Operations” already underway? Americans shoot back. Carry your guns, folks.

Chicago crimes drops as concealed carry applications surge. Who could have seen that coming?

Militarization of Police:

I sort of indirectly linked to this piece by a former LAPD officer the other day. Popehat has an excellent takedown of this author, and the attitude he represents.

Robb Allen has an excellent commentary of “This whole l’affaire du Ferguson”

A few bloggers, including Dave Kopel, Ilya Somin, and Ace of Spades, are taking on the notion being floated by the left that conservatives and libertarians aren’t saying anything about the militarization of police.

Charles E. Cobb Jr., on ‘the challenge of Ferguson’

Forbes: Gun technology that could prevent another Ferguson. I don’t think smart guns are the answer, but it’s a fair treatment of the subject. I’m also not big on gun cameras. I want to see the context that lead up to the drawing of the gun. I’d be worried cops will draw their weapons too soon just to be sure there’s a recording.

Reason: How a suburban SWAT team sees itself.

This is big government.

Guns in the News:

Charges dropped against man who followed the Vice President’s advice and fired a shotgun into the air.

Rick Perry can’t carry anymore. He’s been indicted. Maybe this would be a good time to have a conversation about whether indictment is sufficient due process, but I suspect there are too many people sympathetic to the idea of indicting and disarming Rick Perry to use this topic to open people’s minds.

Layers and layers of editorial oversight.

The TSA has confiscated more than 1000 guns at US Airports. I’m a LOT more careful after I had my little incident in Phoenix. I was lucky, because a) it was just ammo in a magazine and not a gun and b) the Phoenix TSA and Police are pretty mellow about this kind of thing.

Activists in the News:

Frank Carroll thinks Ted Nugent has to go. I agree, but the only way it’s going to happen is for NRA members to stop voting for him.

Kroger, it seems, won’t be bullied by Shannon Watts. Some of the demanding moms seem to be moving up towards wonton destruction of property in response to Kroger’s rebuffing. If you live in Kroger Country, might be worthwhile to send some kudos their way. I don’t live in Kroger country, and am thus not a potential customer.

Reminder: the people on the other side of this issue think you and I belong in prison. To these extremists, our behavior is deviant, and on par with pedophilia.

Brady Campaign lost its suit against Armlist (this is a bit old. I must not have cleared this before).

Howard Nemerov hangs it up. This is why I blog using a pen name. You never know when you might be working with a true believer, and if they would be willing to throw you in prison, they’d be willing to ruin your professional life too.

The Connecticut Bar Association is headed for a showdown over its support for gun control.

WSJ: Where is Open Carry legal? Features a picture of fellow blogger Rick Ector of Legally Armed in Detroit.

Just Guns:

Tam: “Back in the late 19th-early 20th Centuries, rifle technology was changing by leaps and bounds, and it must’ve been hard to keep up, so there were lots of ways armies would wring one more decade out of obsolescent gear…”

Off Topic:

Jim Geraghty takes a look at Democratic fundraising, and concludes that the GOP certainly isn’t behaving like they really want to take back the Senate. The problem is that the GOP is no longer the party of money. The sad thing is they haven’t realized it yet.

Are Republicans smart enough to become the party of Millennials? I’d say no.

Over fourteen thousand voters in Virginia also registered in Maryland? That’s not to say they are all casting ballots in both places, but certainly a cause for concern.

 

NRA’s Annual Firearms Law Seminar is reporting that we have won in the case of Sylvester v. Harris:

V. ORDER

The Court has found that the 10-day waiting periods of Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to certain groups. Plaintiffs urge the Court to follow the approach of Moore v. Madigan, 702 F.3d 933, 942 (7th Cir. 2012), in which the Seventh Circuit stayed its ruling for 180-days in order to give the Illinois legislature the opportunity to craft new laws in light the unconstitutionality of various Illinois firearms laws. The Court finds Moore‟s approach to be appropriate.
Accordingly, IT IS HEREBY ORDERED that:

1. The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system;(a) If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;
2. The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess a valid CCW license issued pursuant to California Penal Code § 26150 or § 26155;(a) If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days; Case 1:11-cv-02137-AWI-SKO Document 106 Filed 08/25/14 56
3. The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess both a valid COE issued pursuant to California Penal Code § 26710 and a firearm as confirmed by the AFS system.(a) If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;
4. Defendant shall modify their BFEC procedures as they deem necessary so as to be able to comply fully and in good faith with this order.

The ruling is stayed for 180 days. I would imagine the State will appeal. There could never be any sound rationale for applying a waiting period for people who already owned guns. I don’t even think there is one for a waiting period at all, but for now we’ve at least started to push back a little bit on the whole notion of waiting periods. Victories are going to come in small increments at first, and then either sweeping victories or sweeping defeats, as the case works its way up. This is one of those small increments in the right direction.

This was a case brought by the CalGuns Foundation.

Ballot initiatives are risky things. In the end, Missouri’s gamble on strengthening their constitutional protection for the right to keep and bear arms paid off with a final result of 61%-39%.

However, that still shows that upwards of 40% of the voters in a primary election in what is perceived to be a red state were opposed to protecting the right to bear arms.

Ballotpedia notes that the new amendment makes the following changes:

Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.

According to their late July tallies of spending by advocates and opponents, Bloomberg’s new group alone spent more than the pro-gun side, but still lost.