The Fifth Circuit has voted 8-7 not to rehear NRA v. BATF en banc. The panel decision upholds the federal ban on handgun sales by federal firearms licensees to 18-to-20-year-olds; the dissent disagrees. Such a close division on a court of appeals makes it more likely that the Supreme Court will agree to hear the […]
Archive | Guns
Why maximal enforcement of federal gun laws is not always a good idea
By David Kopel on April 26, 2013 4:27 am in Commerce Clause, Congress, Constitutional Law, Criminal Law, Federalism, Guns, Immigration, Necessary and Proper, Supreme Court, War on Drugs
A common trope of many Second Amendment advocates is to urge more vigorous enforcement of existing federal gun control laws, as the alternative to enacting additional laws. Rhetorically, that’s very effective. But as a policy matter, it is not always a good idea. Consider legislation recently considered by the Senate: The Manchin-Toomey amendment was supported […]
Second Amendment Challenge to Gun Dealer Ban in Chicago Suburb Can Go Forward
So holds a federal district court in northern Illinois, in Kole v. Village of Norridge (N.D. Ill. Apr. 19, 2013): Although the Supreme Court [in Heller] explained that laws regulating the commercial sale of firearms are “presumptively lawful,” it did not purport to exempt those laws from constitutional scrutiny…. The Seventh Circuit’s analysis in United […]
The “Pro-Gun” Provisions of Manchin-Toomey are Actually a Bonanza of Gun Control
The Toomey-Manchin Amendment which may be offered as soon as Tuesday to Senator Reid’s gun control bill are billed as a “compromise” which contain a variety of provisions for gun control, and other provisions to enhance gun rights. Some of the latter, however, are not what they seem. They are badly miswritten, and are in […]
God Forbid That There Be “Live Shooting of Guns” on Television
One other thought about Sen. Chris Murphy’s request that Fox News cancel plans to broadcast the NRA 500 NASCAR race — one of Sen. Murphy’s complaints is that The race not only brings national attention to an organization that has been the face of one side of this heated debate, it also features the live […]
“When Will Politicians Find Courage to Ban Automatic Weapons?”
The answer to this question is pretty much 1986 (whether that’s a matter of “courage” or not), when automatic weapons — i.e., machineguns — were largely banned. There is an exception for pre-1986 automatic weapons, of which there are relatively few, since they have been heavily taxed since the 1930s. As a result, automatic weapons […]
Senator Urges Fox Not to Air NRA-Sponsored Race
Here’s the letter, from Senator Chris Murphy (of Connecticut): Dear Mr. Murdoch: I write today to urge you to not broadcast NASCAR’s NRA 500 at Texas Motor Speedway on April 13th. This race, which is being sponsored by the National Rifle Association (NRA), is going to take place during the Senate’s consideration of legislation to […]
Police Officer Survey Showing Overwhelming Opposition to Various Gun Restrictions
I’ve seen a good deal said about this survey, and in particular about the view of 95.7% of the 15,000 respondents that “a federal ban on manufacture and sale of ammunition magazines that hold more than 10 rounds would [not] reduce violent crime.” But while I’m inclined to agree with the policy views of the […]
Bleg on temporary of seizures firearms
I would be grateful if commenters could point to cases, statutes, or secondary materials which address these questions: In Terry stops, traffic stops, and other police encounters with individuals which do not involve an arrest, under what circumstances can a law enforcement officer temporarily detain a person’s firearm? For example, for officer safety during a […]
Louisiana Trial Court Strikes Down Louisiana Felon-in-Possession Ban, as Violating Newly Strengthen Louisiana Right to Bear Arms Provision
In November 2012, Louisiana voters strengthened the Louisiana Constitution’s right to bear arms provision, to read The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny. Today, Louisiana Judge Darryl A. Derbigny, in State v. Draughter (La. […]
Fourth Circuit Upholds Maryland Restrictive Licensing System for Gun Carrying
The case is Woollard v. Gallagher (4th Cir. Mar. 21, 2013). UPDATE: The court claims that it’s not deciding whether the Second Amendment right to keep and bear arms in self-defense extends to carrying a gun outside the home. Rather, the court concludes that, even if such a right exists, Maryland’s licensing scheme — which […]
Walter Olson on the Protection of Lawful Commerce in Arms Act
Good post at PowerLine on the subject. I generally quite agree with it, except that the title (“six myths about the law that bans gun lawsuits” is imprecise — the law bans many lawsuits against gun manufacturers and dealers, but by no means all.
Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects
By David Kopel on March 16, 2013 4:21 pm in Asset Forfeiture, Constitutional History, Constitutional Law, Criminal Law, Federalism, Guns, Supreme Court, Symposia, Tenth Amendment, War on Drugs
That’s the title of a new article by Trevor Burrus (Cato) and me, forthcoming in a symposium issue on drug policy, from the Albany Government Law Review. The symposium title is “Overdose: The Failure of the US Drug War and Attempts at Legalization.” Here is an excerpt from the introduction: In this Article we discuss the synergistic […]
Rehearing En Banc Denied in Case Invalidating Illinois’ Ban on Carrying Loaded Guns in Public
The order in Moore v. Madigan, and a dissent from denial of rehearing en banc, is here; for David Kopel’s earlier coverage of the opinion, see here. The denial of rehearing was by a 5-4 vote (with Judge Kanne not participating). I suspect there’s a good chance that the Court will review the case if […]
Arming a Hobbyist Drone with a Paintball Gun
In a Hoover Institution essay a few weeks ago, the Brookings Institution’s Benjamin Wittes asked, “How long do we really think it will take before a gun enthusiast arms a remotely-piloted robotic aircraft with his favorite handgun (very doable by a competent layperson with a few thousand dollars to burn)?” He points at Lawfare today […]