An excerpt from Debates of the [1872] Convention to Amend the Constitution of Pennsylvania (some paragraph breaks added). MacVeagh, incidentally, would nine years later briefly serve as U.S. Attorney General; Dallas would later serve as a judge of the U.S. Court of Appeals for the Third Circuit: Mr. Struthers. I move that the Convention go […]
Archive | Guns
Deacons for Defense and Justice
Very nice New York Times obituary of Robert Hicks, one of the leaders of the Deacons for Defense and Justice in Louisiana in the 1960s. A good example of how Second Amendment rights were used to protect Fourteenth Amendment rights.
Mayor Bloomberg’s gun show bill
Does much more than just impose background checks small-scale vendors at gun shows. Details here, in this article I wrote for the Saturday Denver Post.
Acquittal in “I Didn’t Know I Was a Felon” Felon-in-Possession Case
I mentioned this Friday, but it was buried in a post on a slightly different facet of the case. And since I blogged about the case when it first arose, I thought I’d also note the result, which some of our readers might find surprising (judging by the comments to the original post). The jury […]
Ouch!
From United States v. Kitsch (which I blogged about shortly before this order was issued), an order from the judge: AND NOW, this 3rd day of October, 2008, upon consideration of the Government’s proposed jury instructions (docket entry # 122) and it not having escaped the Court’s attention that the Government inexplicably ignored our ruling […]
Deadly Force in Self-Defense Constitutionally Protected, Nondeadly Force Unprotected?
From People v. Srnec (Mich. Ct. App. Jan. 26, 2010) (italics added): Defendant next argues that the trial court erred in denying his motion for a new trial and to dismiss because the Second Amendment safeguarding the right to bear arms affords every citizen a right of self-defense against unlawful arrest or seizure. Defendant claims […]
Mexico’s Federal Law of Firearms & Explosives
That’s the title of a draft article that I have recently submitted to law reviews. Most of the article is a translation into English of the Mexican federal gun control statute. The article also translates current and past versions of the Mexican Constitution’s right to arms clause, and provides some basic information about the operation […]
Major legal win for Students for Concealed Carry on Campus
Students for Concealed Carry on Campus v. Regents of the University of Colorado. Decided this morning by the Colorado Court of Appeals (a three-judge panel of Colorado’s intermediate appellate court). In brief: Colorado’s licensing statute for carrying a concealed handgun for lawful protection is explicitly preemptive. The University of Colorado bans concealed carry anyway, arguing […]
The Second Amendment and the Reverse Ninth Amendment
I was just rereading the D.C. v. Heller footnote that says, ““We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive,” and the thought came to my mind — this is a reverse Ninth Amendment (at least if you focus on the Ninth Amendment’s text). The Court […]
The Second Amendment and the Takings Clause
Felons can’t lawfully possess guns — does it mean they can’t even arrange for their sale, and that the court may just order them destroyed? That seems to have been the government’s view in United States v. Brown (D.N.H. Apr. 9, 2010), and at least one court has apparently taken this view, but the court […]
Changes in the Gun Culture over the last 25 years
Superb 52-minute podcast by Michael Bane on Down Range Radio. Including an explanation of why more of the Pittman-Robertson funds (raised by the 11% federal excise tax on guns and ammunition) should be spent on the development of shooting ranges for public use. Senator Mark Udall (D-Colorado) has made precisely such a proposal.
Potential Supreme Court nominee records on the Second Amendment:
In order from worst to not-all-bad: Strongly-ideological, highly-committed gun prohibitionist: Harold Koh. Extensive record of anti-Second Amendment leadership: Secretary of State Clinton, Sen. Sheldon Whitehouse, Gov. Deval Patrick. Limited but clearly negative record on right to arms: Judge Diane Wood, Judge Merrick Garland. Mixed record, but with very little positive: Amy Klobuchar. Mixed record: Cass […]
Diane Wood on the Second Amendment
In Justice v. Town of Cicero, 577 F.3d 768 (7th Cir., Aug. 14, 2009), Judge Wood upheld the handgun registration ordinance of Cicero, Illinois. The opinion accurately explained that under the then-current law of the Circuit, the Second Amendment was not incorporated in the Fourteenth. Surprisingly, Judge Wood then asserted that even if the Second Amendment were […]
Merrick Garland is no friend of the rights of gun owners
Details here, regarding the 2000 case NRA v. Reno, and Judge Garland’s refusal to require the Clinton Department of Justice to obey the federal statute requiring the destruction of records of firearms purchases by law-abiding Americans. The decision also suggests a cavalier disregard for privacy rights in general, such as the right not to be put on a […]
District Court Upholds Ban on Possessing Guns While an Illegal User of a Controlled Substance
From United States v. Hendrix (W.D. Wis. Apr. 6): After a confidential informant bought 1.9 grams of crack cocaine from defendant Brandon Hendrix on April 21, 2009, law enforcement officers obtained a warrant to search his residence. When they arrived, they found defendant present and under the influence of marijuana, crack cocaine and alcohol. Their […]