The first federal statutes governing the Militia of the United States were enacted in 1792. There were some revisions in 1795. During the Civil War, an amendment removed the language that had restricted federal militia membership to free whites. The old militia statutes were repealed and replaced by the Militia Act of 1903, 32 Stat. […]
Author Archive | David Kopel
Ronald Reagan’s AR-15
In June 1992, retired President Ronald Reagan was presented with some gifts from the American Shooting Sports Council, a trade association for the firearms industry. (ASSC later merged with the National Shooting Sports Foundation, an older industry group.) The gifts were a Colt semi-automatic AR-15 rifle, a gold-engraved Colt Single Action Army .45 revolver, and a […]
Activities for Gun Appreciation Day
Saturday, January 19, is Gun Appreciation Day. Americans are urged to “go to your local gun store, gun range, or gun show” and to show their support for Second Amendment rights. The blog Shall Not Be Questioned, which has long been one of the most influential and thoughtful pro-RKBA blogs, endorses Gun Appreciation Day, but raises some important caveats. […]
Bleg on Apps development
I would like to create an Android app and an IOS app for my website, davekopel.org. My requirements are: I want to be able to submit the app to the Google Play and Apple Stores, rather than the app being available solely on a third party website. The app does not have to be highly […]
How to stop school shootings right now: Abolish pretend “gun-free zones”
Real gun-free zones (enforced by metal detectors backed up by armed security guards) are fine for certain buildings. Pretend gun-free zones (bans on gun carrying by licensed people, but no procedures to keep out criminal gun carriers, and exacerbated by the absence of armed security) are magnets for mass killers. There is a reason why […]
Why Louis Michael Seidman should not ignore the Constitution
Rob Natelson explains in this essay, which points of some of Seidman’s major historical errors about the Founding Era and constitutional history.
Moore v. Madigan, key points
Judge Posner’s opinion for a 2-1 panel of the 7th Circuit. Illinois is the only state which forbids gun carrying in public as a matter of law. There is no provision for the issuance of licenses for concealed carry, or for open carry. Both are banned. There are some exceptions for particular activities (e.g., while […]
Does any government have the legitimate power to ban medical marijuana?
By David Kopel on December 10, 2012 10:25 pm in Constitutional History, Constitutional Law, Constitutional Theory, Criminal Law, Growth of Government, Paternalism
Ernst Freund was one of the Founding Fathers of progressive constitutionalism. His 1904 book The Police Power: Public Policy and Constitutional Rights argued for a vastly expanded understanding of the police power. (The police power, broadly defined, is a government’s power to regulate health, safety, welfare and morals. It is distinct from other government powers, […]
Bleg on U.N. extreme interpretations of treaties, and of extreme interpretations of Americans with Disabilities Act
Earlier this week, the Senate rejected the proposed U.N. Convention on the Rights of Persons with Disabilities. Among the reasons for the rejection was fear that, even if the Convention’s language itself was acceptable, the future interpretation of the Convention would be in the hands of a U.N. bureaucracy, which might invent novel or excessive […]
First item of new post-election “flexibility”: U.N. gun control
As reported by the Second Amendment Foundation, this morning the Obama administration joined a U.N. majority which called for convening a new conference to create a global Arms Trade Treaty.
Second Amendment Results, Final
Only reporting results which represent a change. U.S. Senate. Gains: Indiana (Donnelly replaces Lugar). NM (Heinrich replaces Bingaman). ND (Heitkamp replaces Conrad). Senate losses: Mass., Warren defeats Brown (-.5 with NRA C-rated Senator replaced by an F). Virginia, Kaine replaces Webb. Senate net: +1.5. Ted Cruz’s win in Texas won’t change Senate voting patterns, but […]
Second Amendment election results
As the results come in tonight, I will blog here about the results as they affect the Second Amendment. In an article last week for National Review Online, I previewed all the Senate and Governor races, and all the competitive House races. Election night starts with a net +3 for the Second Amendment in the Senate, […]
“Failure: Why We Need It”
That was the provocative title of a seminar earlier this month organized by the Istituto Bruno Leoni, Italy’s free market think tank. The event was the IBL’s 9th annual Mises Seminar. As is common at multinational seminars in Europe, the event and the papers were in English, which is today’s lingua franca among well-educated Europeans. My favorite […]
How Syria is Iran’s route to the sea
By David Kopel on October 24, 2012 2:29 am in Counter-Terrorism Policy, Iran, Israel, National Security, Presidency, Press, Terrorism
“Syria is Iran’s only ally in the Arab world. It’s their route to the sea.” So said Mitt Romney at the Monday debate. The Associated Press, The Guardian, The Telegraph, New York, U.S. News, Brad DeLong, Rachel Maddow’s Maddowblog, Comedy Central, and The Daily Kos promptly seized the opportunity to show off their superior geographical knowledge, pointing out that Iran […]
Louisiana amendment to strengthen right to arms, on November ballot
By David Kopel on October 3, 2012 7:04 pm in Constitutional Amendments, Constitutional History, Constitutional Law, Elections, Guns, Militia, Popular Constitutionalism, Right to carry, State Constitutional Law
In state elections, the most important vote this November will be in Louisiana. A referendum there would significantly strengthen protection of the right to keep and bear arms in the state, and would set a very significant national precedent. Before the Civil War, the Louisiana Constitution did not mention a right to arms. The Louisiana […]