Arms and the Law

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Updated: 1 day 12 hours ago

John Lott on the FBI's "active shooter" statistics

Wed, 10/24/2018 - 12:20

Here's his article in Real Clear Politics. The FBI figures indicate only one mass slaying stopped by a concealed carry permit holder (to be fair they do include several others stopped by an armed citizen whose permit status is unknown). John discovered several cases they had overlooked, and asked why. Their answer was that they exclude cases where the killer had a grudge against a specific person, i.e., wasn't trying to kill random people. To which Lott responded that (1) in the case he points to, the killer also fired on random people and (2) their overall count of mass slayings includes several cases where the attacker had a specific grudge.

FBI's response was to pass the buck: the decision to count or not count a case is made by consensus among some unnamed committee.

A look at upcoming 2A Supreme Court petitions

Tue, 10/23/2018 - 17:03

"The Supreme Court Has a Chance to Enforce Heller," at National Review Online. Hat tip to Alice Beard....

Support for "AW" or semiautomatic ban falls well below 50%

Sun, 10/21/2018 - 22:54

In fact, 57% oppose and only 40% favor a ban on "semi-automatic guns, known as assault rifles." (I guess we can't expect pollsters to know much about guns).

Misleading Brady Campaign fundraiser

Wed, 10/17/2018 - 20:46

Story here, a little over halfway down the post. Brady was trying to cash in on Beto O'Rourke's fundraising for his race against Ted Cruz. So they sent out a fundraiser looking quite like a campaign fundraiser for him, but when the recipient clicked on the button to "chip in $5," they were directed to Brady Campaign's PAC fundraising site.

A plan to pack the Supreme Court?

Tue, 10/16/2018 - 17:29

Story here.

Judicial Watch on ATF's try to ban 5.56 "green tip"

Sat, 10/13/2018 - 12:51

Video here.

(They should have asked me: I got ATF's administrative record for that move via FOIA a year or two ago. The agency's problem: the green tip's core consists of a steel penetrator followed by a lead slug, and the statute defines armor-piercing ammo as that which has a core "entirely" of forbidden metals, including steel. ATF cited some references that stated a bullet can have multiple cores, and was arguing that green-tip has two cores, and if any part of the core is a forbidden metal, than the bullet is AP. But the statute refers to "core," not "any one of its cores" and uses that in conjunction with "entirely.").

L.A. City Council requires all contractors to disclose "ties" with NRA

Fri, 10/12/2018 - 21:38

The vote was unanimous. Its sponsor explains, "the city's residents and stakeholders deserve to know how the city's public funds are being spent, and whether taxpayer funds are being spent on contractors that have contractual or sponsorship ties with the NRA."

It's not often you see a candidate handing their opponent the win

Thu, 10/11/2018 - 16:32

But in the McSally-Sinema Senate race in Arizona, I think it just happened. Right as the early ballots are on the way to voters.

Attack on Rep. Scalice: details omitted by the media

Thu, 10/11/2018 - 14:19

Rand Paul, who was there, reveals that the gunman shouted "this is for healthcare," and had a list in his pocket of conservative legislators he wanted to kill. Via Instapundit.

Montana must have interesting hunting seasons....

Wed, 10/10/2018 - 13:43

Senator Tester's communications director tweets "While you [his electoral opponent were busy making your millions developing Maryland farmland, @johntester was making a living shooting hundreds of cows and hogs."

My father told me that once, while he was deer hunting in the Kiabab, he stopped at a diner, and a man pulled up with a small cow he'd shot tied to his car. Everyone was laughing until one person stood up, and cried out "That's MY brand!" I asked what happened and Dad chuckled, "It was the most expensive beef that man ever bought."

Brazil finds a candidate with an anti-crime plan

Tue, 10/09/2018 - 10:41

Jair Bolsonaro argues: "give guns to good people." Although suggesting firing 20 shots is going a bit much.

As-applied Second Amendment win

Mon, 10/08/2018 - 13:35

Joshua Prince won it, in US District Court for the Middle District of Pennsylvania. PA classifies repeat DUI as a misdemeanor, but one that can carry up to five years' imprisonment, so for GCA purposes it's treated as a felony.

Kavanaugh confirmed!

Sat, 10/06/2018 - 16:01

50-48. Angry screaming from gallery, Sgt at Arms sent to restore order.

Cloture on Kavanaugh nomination

Fri, 10/05/2018 - 11:50

Passed 51-49. Murkowski of Republicans defected to vote no, but Manchin of the Demos defected to vote yes. Now 30 hours of debate are allowed before the final vote on confirmation.

Joyce Malcolm on the 9th Circuit

Thu, 10/04/2018 - 18:14

At the Jurist. If you're wondering how a court can alternate between being very pro-2A to being very, very anti-2A... this is the 9th Circuit. It has 22 active judges and 20 senior (part-time) judges, and each case is decided by a panel of three. So it all depends upon what panel you draw. But with any pro-2A panel decision, there is an appeal to the court sitting en banc. In most courts that means the entire court hears it, but the 9th is so large that it's heard by 10 judges plus the chief judge. Thus far, every pro-2A panel decision has been taken en banc, and reversed. Welcome to the 9th!

Good news

Wed, 10/03/2018 - 20:38

In June, Rene Boucher, who assaulted Sen. Rand Paul from behind, leaving him in serious medical condition with several broken ribs, was sentenced by a Clinton-appointee to 30 days and a year's probation. From what I can see, the Federal Sentencing Guidelines call for a sentence of between 18 and 24 months. A judge can depart from those, but is required to explain and the explanation is subject to appeal. A departure from a 1.5 - years down to 30 days is a pretty big departure....

The government appealed the sentence, and the Sixth Circuit just denied a rather weak motion to dismiss the appeal.

Kavanaugh....

Wed, 09/26/2018 - 18:04

"Creepy porn lawyer" Michael Avenatti gets brutally pranked while he's trying to dig up dirt on Judge Kavanaugh.

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