Arms and the Law

Gun stores packed in St. Louis area.

"He says nearly 100 percent say they are buying them for defensive purposes. "They're buying AR-15s, home defense shotguns, handguns, personal defense handguns something for conceal carry." said King."

He'll be presenting on "Are there lessons for us today from Nazi Gun Control?" on CSPAN-2, Book TV, this Sunday, August 17 at 5 PM EDT.

Here's his closing coulumn.

"I began over a decade ago because I was one of those well-meaning liberals who believed the propaganda that we'd be safer in a disarmed society. I believed that gun owners were the problem. I believed that the Brady Campaign were the good guys.

Then, at the behest of a law enforcement client, I set out on my own research journey. I learned that gun control is both racist and sexist in its impact on the real people who have to live in disarmed societies. That offended my liberal sensitivities: I was outraged. So I began to write, first for small local sites, and then for progressively large sites. PJ Media was kind enough to hire me to write features in 2010, and it's been a good run."

Dave Workman has the story. Use a load of money to buy mass media advertising ... their methods are SO twentieth century!

Vesely v. Armslist, LLC (7th Cir. Aug. 12, 2014), as discussed by Prof. Volokh. A person was killed by a stalker who bought a handgun, from a private individual, illegally since they were not residents of the same state, via the online site Armlist. Brady's legal theory was that Armslist facilitates private sales without background checks, and facilitates illegal interstate sales.

The Seventh Circuit upholds dismissal, without getting into the Federal statutory issues. A person generally has no legal duty to protect others, absent a special relationship with them (landlord to tenant, etc.). Armlist did not aid an illegal sale; it simply allowed someone to advertise, and was entitled to assume he meant to sell in compliance with the law.

Just in, an email from CT Carry announcing the defeat of John McKinney in the governor's primary. They describe him as an architect of the 2013 gun restrictions (I'm not up on CT politics and so cannot say).

Here's more on that issue.

Why I'd never join the Pompous Association of Empty Suits.

Retired BATF agent. It's a oft-repeated story. A corrupt LE agency will still have some honest officers who really want to shut down bad guys for the good of all. Here is how it deals with them. Now, if only Congress gave a hoot....

And we now know those of New Jersey District Attorney Jim McClain. NJ has a diversion program for first offenders, which enables them to have their charges dismissed if they stay out of trouble for a time.

McClain earlier allowed diversion in the case of Ray Rice, who was accused of having beaten his wife unconscious before dragging her out of an elevator. But he denied it in the case of Shaneen Allen, a 27 year old mother, who mistakenly thought that New Jersey recognized her Pennsylvania license to carry, and now faces a 3.5 year mandatory minimum sentence. Rice was, however, a sports star, and we all know they don't have to follow the law.

Bloomberg group decides to annoy pro-gun candidates at the Iowa State Fair, offers "volunteers" free admission, parking, and food. Pro-groups suggest their members call it to RSVP and get free admission, parking, and food.

Astroturf financed by millionaires is SO twentieth century!

Telling a woman whose house is being burglarized to "put the gun down."

I like her response: I'll put the gun down when I see the police."

"When a Psychiatrist Shoots to Kill". It's by a psychiatrist.

Clayton, the pro-gun historian whose research among other things initiated the downfall of Michael Bellesiles, has had a stroke. It's described as minor, weakness on one side of the body, but will require a month of rehab. You can contact Rhonda Cramer at the link. (Update: my email just bounced).

Yesterday it passed by a popular vote of 61%-39%. Pretty extensive changes. The right as guaranteed extends to ammunition and accessories (no magazine bans). Any restrictions are reviewed under strict scrutiny. The State must defend these rights and may not decline to do so (which will put the Attorney General in an interesting position if any future legislature enacts a gun restriction.

Language that said the guarantee will not affect the ability of the legislature to restrict the carrying of concealed arms is replaced by language saying it will not restrict the ability of the legislature to restrict convicted felons or those found mentally infirm by a court.

There have been proposals by antigunners to ban firearms receipt by those on the "terrorist watch list," which make this article quite relevant. Based on a "leak," it points out that:

(1) Between 700,000 and 1.5 million people are on the list;

(2) The standard for listing is "reasonable suspicion";

(3) More than 40% on the list, some 280,000, are not even suspected of links to any known terrorist organization;

(4) 900 times a day, a person is added to the list or information on him is supplemented.

I must wonder how useful any "watch list" can be that has 700,000 people on it. Obviously that number cannot be "watched." The list just takes on a life of its own; it is maintained because it is supposed to be maintained.

He may have been on the other side, but by all accounts was a nice guy. I met him briefly in the Supreme Court elevator, coming back from the argument in Sheriffs Pritz & Mack v. U.S., and with some effort he managed a smiling "hello."

I was in D.C. on the day when Hinkley shot him and President Reagan, and heard all the sirens going off, back 33 years ago.

Right here.

One of these just came over the transom. It's an interesting invention for those who live in or visit cities that essentially forbid you to carry anything like a weapon (Boston, as I recall, forbids even pepper spray, unless you have a carry permit). It's a lanyard for your key ring that, if you have a heavy enough ring, coincidentally turns it into a weapon. Just coincidence, understand. Just like the auto theft device known as "The Club" just coincidentally makes a good club. A .45 would beat either, but in some high-crime jurisdictions that's not an option, a legal option anyway.

DC moves for a stay of the injunction. It asks either for a stay pending appeal (which would last until any appeal is decided) or for one of 180 days, to give it time to draft a permit system. I guess the City Council is a little slow-moving.

Alan Gura's blog post links to a pdf of a DC Police memo giving its reaction. Essentially:

1. DC residents who carry an unregistered gun can be charged with failure to register it, but not for carrying it. (By implication, those with registered guns can carry them).

2. Nonresidents who carry should not be arrested (but take note of their ID in case that changes).

3. Registrations cannot be denied because the owner is a nonresident.