DAVE KOPEL'S SECOND AMENDMENT
NEWSLETTER
Dave Kopel's Second Amendment Project is based at the
Independence Institute,
a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org
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of this newsletter comes courtesy of the Second Amendment
Foundation, in Bellevue, Washington.
http://www.saf.org
Please visit Dave Kopel's website,
containing articles on the Second Amendment and other
freedom topics.
http://www.davekopel.org
To subscribe to this free e-mail
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Table of Contents
-
New by Kopel: Digitized Supreme Court
Cases; Law Review Articles: OAS
Firearms Convention; State Court standards; Mexican
Firearms and Explosive Laws; Zimbabwe Final;
Short Articles: Bloomberg Gunning for Shows;
NRA Arguments in McDonald; Bloggery:
OAS Summary; Report from the
NRA Convention; Bellesiles's latest 'Scholarship;'
Colorado Campus Concealed Carry Prevails; Clinton Aides
(including Kagan?) 'bent' the Law; Daley takes Gun Ban
Efforts to the World Court; Deacon for Defense and
Justice; United States v. Stevens; Waco
remembered; Clinton and OKC; Obama's Choices for SCOTUS;
Fees for Ranges
-
International: U.N. Asks for
Firearms Traces; Turkey: New Gun Shop; Ugandans Arm;
British Likewise
-
Culture: Geraghty Analyzes Charlotte; NSSF Encourages
Campus Marksmanship; Hollywood Hoplophobia; Eddie Eagle
Roosts in VA Schools; Ammunition Shortage; Virginia Tech
Negligent?
-
Federal: Lautenberg's 'No Fly' Gun Ban;
Congress Eliminating Criminal Intent; Bloomberg's
Columbine Ad; District of Columbia: NRA
Hires Dem Lobbyist; WSJ on D.C. Gun Obstruction
-
States: Arizona allows
Unlicensed Concealed, Defies Feds; Hawaii
Forbids Confiscations, Provides Immunity; Iowa
standardizes Concealed Carry Criteria; Kansas
Now Allows Warnings; New York
City's Bloomberg likes Cameras; Tennessee
Allows CCW in Bars, or does it? Vermont
offers Mentored Hunting
- Law:
Utah, Wyoming, South Dakota join Montana
'Built Here' suit; D.C. Circuit gets Next Case;
Confiscation of Felons' Guns Allowed?; Kagan on the RBKA
and 1st Amendment; Violent Misdemeanants
-
Research: State-by-State Regulations Guide;
Benchrest Research Site
New by Kopel
Reference Book on CD Rom
Supreme Court Gun Cases
Dave Kopel, Stephen P.
Halbrook, Alan Korwin
Bloomfield Pres
2010
http://www.gunlaws.com/supreme.htm
Our out-of-print, 672-page
unabridged-through-2003 Supreme Court Gun Cases is now
available as a fully searchable CD or emailed set of files,
at a fraction of the original cost. Even if you don't get
one,
the page for this item has a ton of amazing stuff and
case summaries.
Law Review Articles
The OAS Firearms Convention Is
Incompatible with American Liberties
David Kopel, Theodore Bromund
and Ray Walser
The Heritage Foundation
May 19, 2010
http://tinyurl.com/23zaumj
"President Barack Obama has called on the
Senate to ratify CIFTA, the Inter-American Convention
Against the Illicit Manufacture of and Trafficking in
Firearms, but the convention poses serious prudential risks
to liberties guaranteed by the First and Second Amendments.
The convention appears to be an end run around domestic
obstacles to gun control. Furthermore, ratification of the
convention would undermine U.S. sovereignty by legally
binding it to fulfill obligations that some current
signatories already disregard. The U.S. would be best served
by continuing existing programs, cooperating with other
countries on a bilateral basis, and making and enforcing its
own laws to combat the traffic in illicit arms."
State Court Standards of Review for
the Right to Arms
Dave Kopel with Clayton Cramer
Santa Clara Law Review
2010
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1542544
"Cases on the right to arms in state
constitutions can provide useful guidance for courts
addressing Second Amendment issues. Although some people
have claimed that state courts always use a highly
deferential version of 'reasonableness,' this article shows
that many courts have employed rigorous standards, including
the tools of strict scrutiny, such as overbreadth, narrow
tailoring, and less restrictive means. Courts have also used
categoricalism (deciding whether something is inside or
outside the right) and narrow construction (to prevent
criminal laws from conflicting with the right to arms). Even
when formally applying 'reasonableness,' many courts have
used reasonableness as a serious, non-deferential standard
of review. District of Columbia v. Heller teaches that
supine standards of review, such as deferring to the mere
invocation of 'police power,' are inappropriate in Second
Amendment interpretation. This article surveys important
state cases from the Early Republic to the present, and
explains how they may be applied to the Second Amendment."
This is the final version of the article, as sent to the
printer.
Mexico's Federal Law of Firearms
and Explosives
David B Kopel
Working Papers Series
April 15, 2010
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1588296
This article presents a full English
translation of the Mexican gun control statute, and of past
and present versions of the Mexican Constitution's right to
arms guarantee. In addition, the article provides background
information about how Mexico's gun laws operate in practice,
and about the problem of arms smuggling into Mexico.
The Arms Trade Treaty: Zimbabwe,
the Democratic Republic of the Congo, and the Prospects for
Arms Embargoes on Human Rights Violators.
Dave Kopel, Paul Gallant, and
Joanne T. Eisen
114 Penn State Law Review, No. 3, 2010, Final
Published Version
http://www.pennstatelawreview.org/articles/114/114%20Penn%20St.%20L.%20Rev.%20891.pdf
PDF files require Adobe Acrobat Reader or similar
software.
Advocates of the proposed United Nations
Arms Trade Treaty (ATT) promise that it will prevent the
flow of arms to human rights violators. This Article first
examines the ATT, and observes that the ATT, if implemented
as promised, would require dozens of additional arms
embargoes, including embargoes on much of Africa. The
article then provides case studies of the current supply of
arms to the dictatorship in Zimbabwe and to the warlords in
the eastern Democratic Republic of the Congo (DRC). The
Article argues that the ATT would do nothing to remediate
the conditions which have allowed so many arms to be
acquired by human rights violators. The ATT would have no
more effective force than the embargoes that are already
imposed by the UN Security Council; therefore states,
including China, which violate current Security Council
embargoes could just as well violate ATT embargoes.
Accordingly, the ATT is a distraction, and human rights
activists should instead examine alternative methods of
addressing the problem of arms in the hands of human rights
violators. At the end of this document: En français, une
version de 8 pages de ce document est disponible en
français. En español, el extracto está disponible en
español.
Short Articles
Bloomberg's Aggressive Stance
against Guns
David Kopel
The Denver Post
April 24, 2010
http://www.davekopel.com/2A/Mags/nra-makes-its-case.htm
"Michael Bloomberg, the billionaire mayor
of New York City, has been funding a national advertising
campaign to promote his congressional gun control bill.
Monday's Denver Post featured a full-page ad urging Sen.
Mark Udall to support the Bloomberg bill; Colorado's other
senator, Michael Bennet, is already a co-sponsor.
"According to the ad, the Bloomberg
bill would nationalize Colorado's rule about background
checks at gun shows. But in fact, only a small fraction of
the Bloomberg bill addresses the issue of background checks.
The rest of the bill has a much more aggressive agenda."
The NRA Makes Its Case
Dave Kopel
America's First Freedom
May, 2010
http://www.denverpost.com/headlines/ci_14947960
"After the March 2 oral argument in the
case of McDonald v. Chicago, most of us are optimistic that
the Supreme Court will require state and local governments
to respect Second Amendment rights."
Kopel's Bloggery
The OAS Firearms Convention Is
Incompatible with American Liberties
David Kopel
The Volokh Conspiracy
May 19, 2010
http://volokh.com/2010/05/19/the-oas-firearms-convention-is-incompatible-with-american-liberties/
"We argue that the CIFTA gun control
convention, which was drafted by the Organization of
American States, and which President Obama has urged the
Senate to ratify, would harm First and Second Amendment
rights. We suggest that the convention offers no practical
benefits to the United States."
NRA Convention Report
David Kopel
The Volokh Conspiracy
May 17, 2010
http://volokh.com/2010/05/17/nra-convention-report/
Dave here offers his appraisal and analysis
of the NRA's annual members meeting, held in Charlotte,
North Carolina. Dave's attended over the last two decades,
and offers a report on how the convention has changed over
the years, with some thoughts about the NRA's past and
present.
A Reliable Book about 1877
David Kopel
The Volokh Conspiracy
May 12, 2010
http://volokh.com/2010/05/12/a-reliable-book-about-1877/
Michael Bellesiles, proven academic fraud,
now offers a new book upon this pivotal year. Dave joins
with Eugene Volokh in recommending a reliable book in its
place.
Licensed Carry Now Allowed at
Colorado Community Colleges
David Kopel
The Volokh Conspiracy
May 11, 2010
http://volokh.com/2010/05/11/licensed-carry-now-allowed-at-colorado-community-colleges/
Dave here offers cases and sources to
explain the sudden reversal of the Colorado Community
Colleges on their policy of excluding licensed concealed
carry from their campuses.
Clinton Staff: "We are taking the
law and bending it as far as we can to capture a whole new
class of guns." Kagan Wrote the Clinton Ban on Gun Imports.
David Kopel
The Volokh Conspiracy
May 11, 2010
http://tinyurl.com/3a2hj6n
Dave shares some very unsettling
disclosures about the way unelected bureaucrats and staffers
constructed the permanent Clinton arms import ban of 1998.
Colorado State University Board
Rescinds Ban on Licensed Firearms Carry
David Kopel
The Volokh Conspiracy
May 5, 2010
http://volokh.com/2010/05/05/colorado-state-university-board-rescinds-ban-on-licensed-firearms-carry/
Dave collects sources and links here
describing the chain of events that forced the CSU Board to
revoke their widely-publicized ban on licensed concealed
carry upon their campuses.
State Court Standards of Review for
the Right to Arms
David Kopel
The Volokh Conspiracy
May 3, 2010
http://volokh.com/2010/05/03/state-court-standards-of-review-for-the-right-to-arms-2/
Dave offers a summary of the
analysis of State court decisions that he and Clayton Cramer
have provided in the Santa Clara Review article.
Mayor Daley and other Mayors: Seek
"redress against the gun industry" in the World Court
David Kopel
The Volokh Conspiracy
April 28, 2010
http://tinyurl.com/2wgja5c
"April 27 was the tenth annual
'Richard J. Daley Global Cities Forum,' held in Chicago.
Over a hundred mayors and other local government leaders
assembled to discuss global issues. As reported in the
Chicago Sun-Times, 'Daley convinced more than a dozen of his
counterparts from around the world to approve a resolution
urging "redress against the gun industry through the courts
of the world" in The Hague.'
Deacons for Defense and Justice
David Kopel
The Volokh Conspiracy
April 26, 2010
http://volokh.com/2010/04/26/deacons-for-defense-and-justice/
Dave here links to the New York
Times obituary of Robert Hicks, one of the leaders of
the Deacons for Defense and Justice in Louisiana in the
1960s, as a good example of how Second Amendment rights were
used to protect Fourteenth Amendment rights.
Big First Amendment win in
United States v. Stevens
David Kopel
The Volokh Conspiracy
April 20, 2010
http://volokh.com/2010/04/20/big-first-amendment-win-in-united-states-v-stevens/
The Supreme Court has struck down a
federal ban on some videos containing depictions of hunting,
Dave offers several detailed reasons to laud the decision.
Waco
David Kopel
The Volokh Conspiracy
April 20, 2010
http://volokh.com/2010/04/20/big-first-amendment-win-in-united-states-v-stevens/
Upon the sad anniversary of the
disaster, Dave recalls his
book with Paul Blackman on the Clinton administration's
handling of the entire Branch Davidian affair to the
attention of The Volokh Conspiracy's readers.
The Clinton Terror Bill
David Kopel
The Volokh Conspiracy
April 19, 2010
http://volokh.com/2010/04/19/the-clinton-terror-bill/
With former president Clinton
exploiting the unhappy memory of the Oklahoma City Bombing
to suppress criticism of his party, Dave recalls to memory
his own earlier writings discussion the Clinton
administration's lack of regard for the niceties of civil
liberties enforcement.
Mexico's Federal Law of Firearms &
Explosives
David Kopel
The Volokh Conspiracy
April 16, 2010
http://volokh.com/2010/04/16/mexicos-federal-law-of-firearms-explosives/
Dave offers a brief précis
of his larger article in preparation on the subject of
Mexico's regulation of firearms and explosives.
Major Legal Win for Students for
Concealed Carry on Campus
David Kopel
The Volokh Conspiracy
April 15, 2010
http://volokh.com/2010/04/15/major-legal-win-for-students-for-concealed-carry-on-campus/
"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 that there is
an implicit exception applicable to CU. The Mountain States
Legal Foundation brings a suit on behalf of SCCC. The trial
court dismisses for failure to state a claim. The Court of
Appeals unanimously reverses the dismissal, and remands the
case for further proceedings." There are links to the case
and organizations involved and Dave's own writings were
cited in the decision, which can be found
here (Colo. App. 2010).
Changes in the Gun Culture over the
Last 25 Years
David Kopel
The Volokh Conspiracy
April 14, 2010
http://volokh.com/2010/04/19/the-clinton-terror-bill/
Dave cites with approval Michael
Bane's podcast on Down Range Radio on this subject, and upon
a proposal seconded by Colorado Senator Mark Udall that
revenues from the 11% federal excise tax on guns and
ammunition should be used to develop public shooting ranges.
Potential Supreme Court Nominee
Records on the Second Amendment:
David Kopel
The Volokh Conspiracy
April 11, 2010
http://volokh.com/2010/04/11/potential-supreme-court-nominee-records-on-the-second-amendment/
Dave here lists and rates the entire
gamut of President Obama's potential choices for the Supreme
Court, ranking them by their views on the Right to Arms.
International
The United Nations
Firearms Industry Concerned
over United Nations Request for Firearms Trace Data
Press Release
The National Shooting Sports Foundation
March 30, 2010
http://tinyurl.com/2b5w859
"The National Shooting Sports Foundation
(NSSF) -- the trade association for the firearms industry --
has learned that the United Nations has filed its first
firearms trace request. The move by the United Nations,
which has long advocated for civilian disarmament, raised
concerns from the NSSF."
Turkey
Turkish Gun Shops go From Back
Alley to Mall
Ozgur Ogret
Hurriyet Daily News (Turkey)
April 11, 2010
http://tinyurl.com/ye6zchj
A gun store in Turkey is filling a void,
with lawyers on staff to help Turks acquire firearms in
compliance with the nation's registration laws. Turks have
of late been going abroad to purchase firearms.
Uganda
More Ugandans Rush to Buy Guns –
Kivejinja
New Vision (Uganda)
Barbara Among
April 11, 2010
http://www.newvision.co.ug/D/8/13/719215
"The number of Ugandans applying for guns
for personal protection is increasing rapidly, according to
internal affairs minister Kirunda Kivejinja. The minister on
Monday said before 2006, the Government licenced an average
of three guns in a year, but currently, his office has
received about 1,000 applications. "
United Kingdom
BASC: Strong Growth in Shotgun and
Firearms Ownership
Press Release
British Association for Shooting and Conservation (UK)
April 10, 2010
http://tinyurl.com/ybckfum
"There has been a surge in new shotgun and
firearm certificates issued by the police, according to an
analysis of latest figures from the Home Office by the
British Association for Shooting and Conservation (BASC).
The figures, which relate to 2008/2009, show the highest
year-on-year rises in certificates on issue for both
shotguns and firearms since records began in 1968."
Culture
The NRA Convention as a 2012 Cattle
Call
Jim Geraghty
National Review Online
May 17, 2010
http://article.nationalreview.com/434275/the-nra-convention-as-a-2012-cattle-call/jim-geraghty
Jim Geraghty offers a pungent and pointed
analysis of how the assorted Republican political figures
displayed themselves at the recent NRA Convention in
Charlotte, North Carolina, as both supporters of the Right
to Arms and as future prospects as presidential candidates.
NSSF Grants Fuel Growth in
Collegiate Target Shooting
Press Release
The National Shooting Sports Foundation
February 27, 2010
http://tinyurl.com/23zuj8o
"On college campuses across the
country, men and women are taking up target shooting in
increasing numbers. From Harvard to Jacksonville University
to the University of Colorado, the shooting sports are 'in'
as students discover how they can enjoy these safe, fun
activities with their friends. To encourage this growth
trend, the National Shooting Sports Foundation, trade
association for the firearms and shooting sports industry,
last year began providing grants through its Collegiate
Shooting Sports Initiative to support the development of
varsity teams for those students interested in competition
and create clubs for students interested in the recreational
and social benefits of target shooting." The web page for
the Collegiate Shooting Sports initiative is
here.
Yes, There Is a Hollywood Blacklist
Dan Gifford
Big Hollywood
May 17, 2010
http://bighollywood.breitbart.com/dgifford/2010/05/17/yes-there-is-a-hollywood-blacklist/
Gifford relates multiple examples from
Hollywood insiders of the pervasive bias against the Right
to Arms in 'Tinseltown,' and the difficulties his sources
have encountered trying to get out any other message than
the approved one of hostility to civilian firearms
ownership.
Local Elementary Schools Must
Follow NRA's Eddie Eagle Program
Brendan Fitzgerald
C-Ville Weekly (Charlottesville, VA)
May 10, 2010
http://tinyurl.com/2a6dgfa
"As of July 1, any public elementary
school in Virginia that opts to teach gun safety will need
to know the name of Eddie Eagle, 22-year-old mascot of the
National Rifle Association's GunSafe Program. However, at
least one school in Albemarle County has known his name for
years. The General Assembly recently approved a version of
House Bill 1217, which allows local school boards to offer
gun safety programs in elementary schools so long as they
reinforce the policies of the NRA program--namely, Eddie's
mantra of 'Stop! Don't touch. Leave the area. Tell an
adult.' "
The Ammo Shortage Continues
Bob Owens
Pajamas Media
May 15, 2010
http://pajamasmedia.com/blog/the-ammo-shortage-continues/
Owens offers an interesting
explanation for the ongoing ammunition shortage, differing
from conventional wisdom about nervous citizens stockpiling
ammunition in advance of expected renewed Federal efforts to
restrict civilian firearms ownership.
Va. Tech Too slow to Sound Alert in
2007 Shooting Spree, Report Says
Nick Anderson
The Washington Post
May 19, 2010
http://www.washingtonpost.com/wp-dyn/content/article/2010/05/18/AR2010051804243.html
"Virginia Tech failed to comply with
a federal law that requires timely warning of safety threats
to the campus community after Seung Hui Cho's deadly
shooting spree began in April 2007, according to a
preliminary review by the U.S. Education Department released
Tuesday."
Federal
The Truth about Gun Sales to
Terrorists
Steve Chapman
The Chicago Tribune
May 16, 2010
http://tinyurl.com/2usw4go
New Jersey Senator Frank Lautenberg's bill
forbidding firearms sales to anyone on the terrorist 'Watch
List' would put the civil rights of United States citizens
at the discretion of distant, anonymous bureaucrats using
criteria neither delineated nor standardized.
Without Intent: How Congress is
Eroding the Criminal Intent Requirement in Federal Law
Brian Walsh and Tiffany Joslyn
Special Report for the Heritage Foundation and the National
Association of Criminal Defense Lawyers
May 5, 2010
http://www.heritage.org/Research/Reports/2010/05/Without-Intent
"According to several scholars and legal
researchers, Congress is criminalizing everyday conduct at a
reckless pace. This study provides further evidence in
support of that finding. Members of the 109th Congress
proposed 446 non-violent criminal offenses and Congress
enacted 36 of them. These totals do not include the many
offenses concerning firearms, possession or trafficking of
drugs or pornography, immigration violations, or intentional
violence. The sheer number of criminal offenses proposed
demonstrates why so many of them were poorly drafted and
never subjected to adequate deliberation and oversight."
Bloomberg's Gun Control Group Airs
Ad with Columbine Footage Urging Background Checks for Gun
Sales
Adam Lisberg
The New York Daily News
April 21, 2010
http://tinyurl.com/y7bq35a
"Mayor Bloomberg's gun control group
is dropping more than $250,000 on cable TV ads featuring
surveillance video from the Columbine High School massacre
to urge the Senate to put new restrictions on gun sales."
District of Columbia
NRA Adds More Lobbying Firepower
Carrie Levine
BLT: The Blog of the Legal Times
May 17, 2010
http://legaltimes.typepad.com/blt/2010/05/nra-adds-lobbying-firepower.html
"The National Rifle Association,
already known as a lobbying powerhouse, has added the former
chief of staff to a key 'Blue Dog' Democrat to its roster of
outside advocates. Vickie Walling, a former chief of staff
to Rep. John Tanner (D-Tenn.) who is now a managing director
at Prime Policy Group, will lobby for the NRA on campaign
finance reform legislation and Second Amendment rights for
D.C. residents, according to a lobbying registration filed
Friday."
Washington's New Gun Rules Shift
Constitutional Debate
Gary Fields
The Wall Street Journal
May 17, 2010
http://online.wsj.com/article/SB10001424052748704093204575216680860962548.html
Fields does a full investigation of
the District's 'obstacle course' to its citizens seeking to
enjoy the Right to Arms restored to them by the Heller
decision. The District's government is making no secret of
its active efforts to continue to hinder their citizens from
enjoying this particular civil right.
Is DC's Continued Fight Against
Handguns Constitutional?
Ashby Jones
The Wall Street Journal Law Blog
May 17, 2010
http://blogs.wsj.com/law/2010/05/17/is-dcs-continued-fight-against-handguns-constitutional/
This article is a short summary of
the one directly above, describing Fields's methodology in
making his determinations about the District's city
government's continuing fight against civilian firearms
ownership.
States
Arizona
Ariz. Law to Allow Concealed
Weapons without Permit
Paul Davenport and Jonathan J.
Cooper
The Associated Press
April 16, 2010
http://tinyurl.com/y26srb4
"Republican Gov. Jan Brewer on Friday
signed into law a bill making Arizona the third state
allowing people without a permit to carry a concealed
weapon. The bill she signed Friday afternoon takes effect 90
days after the current legislative session ends. That likely
will put the effective date in July or August."
'Made in AZ' Bills Aim to Send
Message
Howard Fischer
The Arizona Daily Star
February 23, 2010
http://azstarnet.com/business/local/article_e8095175-3d2c-54ad-8360-818318e3f74e.html
Arizona has followed Montana's lead
with legislation declaring that firearms manufactured and
traded within the state's borders are exempt from Federal
controls imposed by Congress under the 'Interstate Commerce'
provision of the U.S. Constitution.
Hawaii
Governor Signs Two Pro-Gun Measures
into Law in Hawaii!
Press Release
The National Rifle Association's Institute for Legislative
Action
May 13, 2010
http://www.nraila.org/Legislation/Read.aspx?ID=5815
Governor Linda Lingle (R) has signed
legislation preventing the state from confiscating the arms
and ammunition of its citizens during times of natural
disaster, and another bill providing civil immunity to an
owner of real property using force in self-defense.
Iowa
Culver Signs Concealed Weapons Bill
Rod Boshart
The Sioux City Journal (Iowa)
April 30, 2010
http://tinyurl.com/23g8vqz
"Gun-rights advocates cheered loudly
Thursday as Gov. Chet Culver eased an impediment for some
seeking permits to carry a concealed weapon by approving a
standardized process that will apply equally in all 99 Iowa
counties beginning next Jan. 1."
Kansas
Kansas Now Allows Threat
of Deadly Force in Self-Defense, and Not Just Use
of Such Force
Eugene Volokh
The Volokh Conspiracy
May 17, 2010
http://tinyurl.com/y5cz6lx
"...last year the Kansas Supreme
Court held that existing Kansas law only allowed a defense
for actual use of force, which didn't include threats;
earlier this year, the Kansas Court of Appeals faithfully
applied this principle. Fortunately, the Kansas Legislature
(apparently prompted by the urging of gun rights advocates)
passed a law that -- among other things -- makes clear that
threats of force should qualify as justifiable self-defense,
to the same extent that the actual use of force qualifies;
and just yesterday, the governor signed the bill."
New York
Bloomberg's Obsession with
Surveillance Cameras
Bob Barr
The Atlanta Journal-Constitution
May 17, 2010
http://blogs.ajc.com/bob-barr-blog/2010/05/17/bloomberg%E2%80%99s-obsession-with-surveillance-cameras/
Former Representative Barr suspects
that New York City Mayor Bloomberg's sudden interest in
surveillance cameras may have more to do with municipal
revenue for minor infractions than public safety. Bloomberg
recently toured the United Kingdom, where the cameras serve
to allow remunerative fines of citizens for minor
infractions.
Bloomberg Plan Would Simplify
Gun-Permits
Al Baker
The New York Times
May 14, 2010
http://www.nytimes.com/2010/05/15/nyregion/15guns.html?hp/
"The Bloomberg administration
announced on Friday that it was moving to simplify the
process for New Yorkers to obtain gun permits, thus speeding
up a set of byzantine licensing requirements that gun-rights
advocates have long criticized as among the most restrictive
in the country." The less charitably inclined suggest that
Bloomberg is moving to forestall Heller-style
action against New York City's intricate and obstructive gun
restrictions.
Tennessee
NRA lobbyist's Visit Persuaded 9
Tennessee Lawmakers to Flip Votes
Phil West
The Commercial Appeal (Memphis, TN)
May 18, 2010
http://www.commercialappeal.com/news/2010/may/08/nra-lobbyists-visit-persuaded-9-to-flip-votes/
"Nine legislators who voted in
committee in favor of an amendment to ban guns in bars but
allow them in restaurants serving alcohol later voted to
kill the same amendment on the House floor -- 2 1/2 hours
after an NRA lobbyist told them the NRA opposed the
amendment."
Gov. Bredesen Vetoes Bill to Allow
Guns in Tennessee Bars
Richard Locker
The Commercial Appeal (Memphis, TN)
May 8, 2010
http://www.commercialappeal.com/news/2010/may/18/gov-bredesen-vetoes-bill-allow-guns-bars/
"Gov. Phil Bredesen on Tuesday
vetoed legislation that would let people with handgun-carry
permits bring their guns into Tennessee bars and
restaurants. House and Senate members, who approved the
legislation by wide margins earlier this year, are expected
to override Bredesen's veto."
Vermont
Mentored Hunting License Bill
Becomes a Reality
Lawrence Pyne
The Burlington Free Press (Vermont)
March 11, 2010
http://tinyurl.com/26kej29
"The new license will allow novice
hunters to take to the field without having first completed
a hunter education course, but with a catch: He or she must
be accompanied at all times by a mentor 21 or older who
holds a regular hunting license, and all game taken shall
count against the mentor's bag limit."
Law
Utah, Wyoming, South Dakota Plan to
Join Montana Lawsuit over States' Rights to Regulate Guns
Matt Gouras and Ben Neary
Associated Press (WY)
April 8, 2010
http://www.sfexaminer.com/economy/90207542.html
"The attorneys general for Utah and
Wyoming said Wednesday that their states and South Dakota
will join a federal lawsuit pending in Montana in which
pro-gun groups are seeking to protect that state's sovereign
right to regulate guns. The attorneys general confirmed that
they plan to file a 'friend of the court' brief in the
Montana case this week, and that South Dakota also plans to
join them. All the states involved have enacted 'firearms
freedom' laws that seek to exempt guns made and sold within
their borders from federal regulation."
Next Challenge to Gun Laws Headed
to D.C. Circuit
David Ingram
The National Law Journal
April 05, 2010
http://tinyurl.com/ygpml7r
"A federal appeals court in
Washington, D.C., will have the chance to examine the latest
version of the District of Columbia's gun restrictions, in a
possible test of how to apply the U.S. Supreme Court's 2008
decision in D.C. v. Heller."
The Second Amendment and the
Takings Clause
Eugene Volokh
The Volokh Conspiracy
April 14, 2010
http://volokh.com/2010/04/14/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?" Volokh
excerpts
United States v. Brown (D.N.H. Apr. 9, 2010)
and points out where the court disagreed with the
government's affirmation of such confiscations.
NRA Criticizes Kagan on Gun Rights
Nathan Koppel and Vanessa
O'Connell
The Wall Street Journal
May 15, 2010
http://online.wsj.com/article/SB10001424052748704414504575244714220283610.html
"One source of gun advocates' concern about
Ms. Kagan is that she, as a Clinton aide, helped draft a
presidential directive temporarily suspending imports of
semiautomatic assault-type rifles. In the directive, the
president raised concerns that the rifles weren't suitable
for 'sporting purposes,' and thus could be restricted."
Kagan Was 'Not Sympathetic' as Law
Clerk to Gun-Rights Argument
Greg Stohr and Kristin Jensen
Bloomberg Businessweek
May 13, 2010
http://tinyurl.com/27ke24v
"Elena Kagan said as a U.S. Supreme
Court law clerk in 1987 that she was 'not sympathetic'
toward a man who contended that his constitutional rights
were violated when he was convicted for carrying an
unlicensed pistol."
Bounds of Silence: Obama's Court
Pick Looks Wobbly on Freedom of Speech
Jacob Sullum
Townhall.com
May 12, 2010
http://tinyurl.com/2fwnvgh
"Kagan's understanding of First
Amendment law, described most fully in a 1996 University of
Chicago Law Review article, suggests a tolerance for
censorship when it is appropriately disguised by
euphemisms."
Violent Misdemeanants, the Right to
Bear Arms, and the Right to Vote
Eugene Volokh
The Volokh Conspiracy
May 20, 2010
http://volokh.com/2010/05/20/violent-misdemeanants-the-right-to-bear-arms-and-the-right-to-vote/
Volokh discusses the ongoing
arguments about denying felons the right to vote as well as
the right to arms--the former may be Constitutional, but it
wouldn't justify the latter.
Research
Huntnfishregs.com
Informational Web Page
2010, Ongoing
http://www.huntnfishregs.com/
This site allows the visitor to
click upon a map of the United States, and research hunting
and fishing regulations for all the states in the Union.
AccurateShooter.Com
Informational Web Page
The University of Oklahoma
2010, Ongoing
http://www.6mmbr.com/index.html
"Join the leading web community dedicated
to precision shooting and accurate rifles. Here you'll find Load
Data, Top
Gunsmiths,
Message Boards, Gear
Reviews, and scores of feature Articles.
"
This newsletter is
compiled with help from Dr.
Rob S. Rice. For more on this hermetic,
yet bombastic individual, see here:
http://robricebooks.com. The poor
quality of a given actor's performance does not necessarily
preclude a sequel! Yet another movie link on the page!
Al Qaeda delenda est!
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