An interesting item on Stratfor. The bottom line: “It has now become quite common to hear U.S. officials confidently assert that 90 percent of the weapons used by the Mexican drug cartels come from the United States. However, a close examination of the dynamics of the cartel wars in Mexico — and of how the […]
Archive | Guns
Fed. Dist. Ct. enjoins South Dakota ban on concealed carry permits for legal resident aliens
Decision here. Not decided on Second Amendment or other RKBA grounds. Very straightforward application of existing doctrine on equal protection and legal aliens. In short, state (but not federal) discrimination against legal aliens is subject to strict scrutiny. There is an exception for “governmental functions” which involve discretion in self-governance of the polity–such as voting, […]
Opinion Striking Down, on Vagueness Grounds, California Regulation of “Handgun Ammunition”
I blogged about the decision last week here; the opinion is now available here. An excerpt: [T]he text of the “handgun ammunition” definition provides no objective way … for a person … to determine if a particular ammunition caliber or cartridge is used more often, or used more than fifty percent of the time, or […]
University of Idaho Law Student Challenging Ban on Possession of Guns in On-Campus Housing
So reports the Daily Caller; I got a copy of the complaint, and I see that the student is suing both based under the Second Amendment and under the Idaho Constitution. The Idaho Constitution has long been interpreting as securing an individual right to keep and bear arms in self-defense, including to carry guns in […]
Second Amendment Does Not Extend to Possession of Firearm in Furtherance of Drug Trafficking
So holds yesterday’s U.S. v. Potter (9th Cir.): Defendant Ronald Craig Potter challenges his conviction for possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A). He argues that the statute is unconstitutional on its face or as applied, because it violates the Second Amendment…. Both implicitly and explicitly, […]
California Court Holds That Regulations of Mail-Order “Handgun Ammunition” Are Unconstitutionally Vague
The order, issued Monday, came in Parker v. State; the opinion explaining the reasoning behind the order has apparently not been released. The enjoined provisions (here and here) banned mail-order ammunition sales of “handgun ammunition,” and required purchases of such ammunition to be registered and purchasers to be thumb-printed. “Handgun ammunition” was defined as “ammunition […]
District Court Upholds Ban on Carrying Guns Into Church (Even With the Church’s Permission)
The case is GeorgiaCarry.org v. Georgia (filed today). The law was challenged by, among others, a minister, who said that he wanted to possess a gun at church, with the church’s permission; the law, as I read it (see § 16-11-127 and § 16-11-127.1) categorically forbids such possession at “churches or church functions,” except by […]
Felony for Doctors to Ask Patients About Guns?
It would be under a newly proposed Florida bill, which would criminalize (among other things) any “verbal or written inquiry by a public or private physician, nurse, or other medical staff person regarding the ownership of a firearm by a patient or the family of a patient or the presence of a firearm in a […]
Virginia Supreme Court Upholds Ban on Gun Possession at Public University
DiGiacinto v. Rector, decided today, holds: The Virginia Constitution’s right to bear arms provision provides the same protection as is protected by the Second Amendment. The Virginia provision therfore does protect an individual right to keep and bear arms in self-defense (something the Virginia courts had not yet held to that point). Public universities are […]
Proposed Bill Outlawing Private Citizens’ Carrying Guns Within 1000 Feet of “High-Profile” Officials
The Chris Moody (Daily Caller) reports: New York Republican Rep. Peter King said Tuesday that he will introduce legislation to ban the carrying of any firearm within 1,000 feet of what he described as “high-profile government officials.” … I would assume that any such bill would require that the carrier know, or at least have […]
Bleg on Eleanor and Theodore Roosevelt carry handguns
Here’s a picture of Eleanor in 1934 practicing with the revolver she had obtained the previous year. What type is it? Note: the Secret Service gave her the gun in 1933, when she insisted on traveling on her own without the agents. So the gun would be whatever the Secret Service was carrying in 1933. […]
D.C.’s Highest Court Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun Ban
Magnus v. U.S., decided today by the D.C. Court of Appeals — essentially the D.C. equivalent of a state supreme court — concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the […]
Highest Court of Maryland Holds That Second Amendment Does Not Protect Carrying (Concealed or Not) of Guns Outside the Home
Here’s the opinion, handed down today, in Williams v. State. The court interprets Heller and McDonald as focused on home possession of guns, arguing that “it is clear that prohibition of firearms in the home was the gravamen of the certiorari questions in both Heller and McDonald and their answers. If the Supreme Court, in […]
Aaron Zelman, R.I.P.
Aaron Zelman, founder of Jews for the Preservation of Firearms Ownership, passed away on December 21. Zelman did excellent work in advancing the firearms policy discussion during the last two decades. His most notable contribution was research pointing out the frequency with which genocide has been preceded by prohibiting arms possession by the targeted victims. For example, his […]
Victory for firearms preemption in New York
Nassau County, on Long Island, New York, enacted an ordinance which bans handguns in non-traditional colors, such as pink. The ordinance declares such firearms to be “deceptively colored.” On December 28, the Appellate Division, Second Department (the intermediate court of appeals) ruled 4-0 that the Nassau ban is preempted by New York State’s handgun licensing […]