So holds Wollschlaeger v. Farmer (S.D. Fla. decided today), I think quite correctly. The Florida statute that was finally passed is much narrower than the version that I condemned in January, but it’s still a speech restriction. And though the constitutional status of professional-client speech is unsettled, I think that on balance a restriction such […]
Archive | Guns
The rise and fall of the Second Amendment “collective right”
By David Kopel on September 5, 2011 3:38 pm in Constitutional History, Constitutional Law, Guns, History, Militia, Supreme Court
My recent article for America’s 1st Freedom traces the rise and fall of the theory that the Second Amendment is not an individual right, but instead is a “collective right,” which, like “collective property” in a communist country, supposedly belongs to everyone collectively, but in fact belongs to no-one. The theory was created by a […]
“Gunpowder Lust”
A commenter on the thread about the London Olympic Games’ initial decision to exclude shooting sports from its ticket giveaway to schoolchildren inadvertently makes the point I was getting at: Another post today I am missing the point of. Are we now supposed to be outraged when other societies do not share our gunpowder lust? […]
Children Going to See Olympic Shooting Events — the Horror!
As the Evening Standard (UK) reported Tuesday (thanks to Robert Dittmer for the pointer), London schoolchildren are eligible for 125,000 [free] Olympic tickets but these will not include any featuring guns, as Games organisers and City Hall fear a backlash from the anti-gun lobby. Giving children tickets to the events, at the Royal Artillery Barracks […]
The Dictionary of Misinformation
My father Vladimir pointed me to this passage in a 1975 book, The Dictionary of Misinformation, which aims to rebut various commonly believed myths: right to keep and bear arms, the. The second article of the Bill of Rights of the United States Constitution reads — in whole, not in part, italics furnished — “A […]
Rifle Golf: America’s newest shooting sport
If you’re interested in long distance rifle shooting, or in hunting with a rifle, I highly recommend that you check out the Spirit Ridge Rifle Golf facility, in Utah. The “golf” part of the name is really just part of the rules for how your shots are scored. Other than that, it’s all rifle and […]
The Second Amendment and People Who Have Past Minor Misdemeanor (No Jail Time Possible) Marijuana Possession Convictions
Ohio Rev. Code § 2923.13 bans gun possession by (among others) anyone who “has been convicted of any offense involving the illegal possession … in any drug of abuse.” (Ohio Rev. Code § 2923.14 allows the person to petition for relief from this disability after the person’s prison, probation, and parole is up, but any […]
Cert. grant in Millender v. LA: Qualified immunity for an unconstitutional general warrant to seize firearms?
By David Kopel on July 10, 2011 6:00 pm in Constitutional Law, Fourth Amendment, Guns, Qualified Immunity, Sovereign Immunity
The Supreme Court recently granted certiorari in Millender v. Los Angeles. Here are the background facts: Bowen shoots at his ex-girlfriend with a sawed-off shotgun. The police obtain a search warrant for the home of Bowen’s 73-year-old former foster mother. The warrant application does not disclose that Bowen last lived with his foster mother 15 […]
Ezell’s doctrinal rules for the Second Amendment
By David Kopel on July 8, 2011 2:08 am in Constitutional History, Constitutional Law, Guns, Originalism
The Seventh Circuit’s decision in Ezell v. Chicago is a tremendously important case for Second Amendment doctrine. The key rules from Ezell: use originalism from both 1791 and 1868 to determine if an activity is within the scope of the Second Amendment right. If it is, apply First Amendment doctrine, and make the standard of […]
Seventh Circuit Temporarily Blocks Chicago Gun Range Ban
Today’s Ezell v. City of Chicago issues a preliminary injunction against the operation of the Chicago gun range ban: The City’s firing‐range ban is not merely regulatory; it prohibits the “law‐abiding, responsible citizens” of Chicago from engaging in target practice in the controlled environment of a firing range. This is a serious encroachment on the […]
Brown v. EMA casts doubt on the “weapons effect” justification for gun control
By David Kopel on June 27, 2011 9:38 pm in Child Protection, Constitutional Law, Expert Evidence, First Amendment, Freedom of Speech, Guns, Supreme Court
The State’s evidence is not compelling. California relies primarily on the research of Dr. Craig Anderson and a few other research psychologists whose studies purport toshow a connection between exposure to violent video games and harmful effects on children. These studies have been rejected by every court to consider them,6 and with good reason: They […]
The Constitutional Rights of Illegal Aliens, Under the First, Second, and Fourth Amendments
In today’s United States v. Portillo-Munoz, a divided Fifth Circuit panel holds that illegal aliens don’t have Second Amendment rights because they’re not part of “the people,” and suggests that they may lack Fourth Amendment rights as well. (The same logic might apply to the First Amendment’s Petition Clause, which also mentions a right of […]
Is carrying an unloaded handgun an effective means of self-defense?
Currently before the 9th Circuit Court of Appeals is Peruta v. San Diego, in which plaintiffs challenge the San Diego Sheriff’s refusal to issue concealed handgun carry permits to ordinary persons who wish to carry handguns for lawful self-defense. The district court held that the Sheriff’s actions were not Second Amendment violations because, inter alia, […]
Another New Puerto Rico Second Amendment (and Commonwealth Gun Law) Case
Reader Antonio A. Hernández Almodóvar passed along another Puerto Rico Second Amendment case, this one a trial court decision in Irizarry v. Policia de Puerto Rico (May 18, 2011) (thanks to commenter BGold for the compressed PDF). Rick Nemcik Cruz kindly provided an English-language summary: Thank you very much for keeping me informed. The partial […]
Oregon Medical Marijuana Users Are Entitled to Oregon Licenses to Carry Concealed Guns (Notwithstanding Federal Ban on Gun Possession by Illegal Drug Users)
So holds today’s Oregon Supreme Court decision in Willis v. Winters. Under federal law, 18 U.S.C. § 922(g)(3), unlawful users of marijuana are generally barred from possessing guns, and this includes medical users (since federal law has no medical marijuana exemption). Does this preempt a state concealed carry licensing law that has no exception for […]