Arms and the Law

David Codrea has created one, which is explained at the link. The point is that the White House website describes the Second Amendment as "giving" a right to arms, when it guarantees a right, rather than creates one.

Looks like he's already got nearly a thousand signatures, but it takes a hundred thousand to earn a response. After you sign, you get an email asking you to confirm.

If you simply must wave a gun while smoking pot, don't post a rap video of it to Facebook.

Story here. That's strange. I thought their "stringent gun laws" prevented bad guys from getting guns. If those laws are failing, I'm sure this new one will be equally effective.

Today's ruling in Rehaif v. United States. Defendant was a person who overstayed a visa and thus became an illegal alien, and a prohibited person under the GCA. He visited a gun range and shot at it. The GCA provides for the punishment of anyone who "knowingly" possesses a gun while he is prohibited person. Question: does that mean the person must 1. know that he possess a gun and know that he is a prohibited person, or just that he knows he possessed a gun whether or not he knew he was prohibited? The Supreme Court, 7-2, says he must know both things. Good language about how courts should assume that legislatures wanted intent to be something close to he knew he was breaking the law, and rejecting the theory that "regulatory" offenses don't require intent (which the Court correctly notes must be limited to regulatory offenses that carry minor punishments. The government doesn't have to show a driver knew he was breaking the speed limit, but here the offense carries ten years in prison).

Joe Biden proposes to require guns to read fingerprints and DNA, because he saw that in a James Bond movie. I think Judge Dredd shoots down that idea....

Story here, in Reason Online. Congrats to Don Kilmer and Chuck Michel on the win!

A couple of weeks ago I reported the case of a New York resident who shot two home invaders, and then was arrested on felony charges because the gun he used, which he'd inherited from his father, was not registered. He now has a Gofundme page, which has already exceeded its total requested.

Hat tip to David Codrea for the story.

With twenty entrants.... so far in the lead are:

Eric Swalwell, who proposes national gun registration, background checks for ammo purchases, a suppressor ban, and in a bid to pull ahead of the pack, a federal ban on states allowing teachers to be armed. Plus confiscation of "assault weapons."

Cory Booker, who is trying to win by sheer mass, wants 14 different forms of gun control, including license to own guns, micro stamping, ban "assault weapons" and "high capacity magazines," outlaw private sales (although why that would be necessary if all owners had to be licensed) and "one gun a month."

Kamala Harris is actually trailing in the competition, only proposing a few bans, plus "executive action" that violates the law, and repeal of the Lawful Commerce in Firearms Act.

Story here.

UPDATE: I believe one of the stolen firearms was full-auto; the reporter was, I think, just unclear.

Fox is reporting that one of the victims of the Virginia Beach shooting wanted to bring a gun in her purse for protection against the killer, but refrained because it was a "gun free zone." The killer wasn't stopped by the policy, of course.

Carry out the well-regulated militia part of the Second Amendment with a guns for all program.

An interesting comparison, for use when someone gripes about the "gun lobby" using its dollars to influence Congress. Last year the NRA reported just over $5 million spent on lobbying.

By way of comparison, the Chamber of Commerce spent nearly $95 million, the National Ass'n of Realtors $72 million, and the "Open Society Policy Center" $31 million. Blue Cross spent $23 million, Comcast spent $15 million, and Facebook spent over $12 million.

A stripper clip that enables the user to load ten rounds in a second or so, directly into an AR-15. Since it can be used to feed a fixed magazine, it is just the thing for shooters whom fate has condemned (temporarily, they may hope) to live in California. Give an AR-15 a fixed magazine and it's no longer an "assault rifle" there, from what I recall.

Hat tip to Clayton Cramer...

NSSF thinks rather highly of him.

Utica, NY: 64 year old man shoots and kills two burglars, age 57 and 27, coming up the stairs toward him. The two had criminal histories: the older had been arrested more than twenty times.

The homeowner is being held on $10,000 bond, on a felony charge since the gun was registered to his deceased father and not to him.

Story here. If convicted on the DV, he'll become a prohibited possessor, of course. The unlawful imprisonment means he probably restrained her, and the mischief probably means he damaged property. Adding on those extra charges suggests the arresting officers were pretty hacked off at him,
Hope to get back to blogging now that legal duties have lifted a bit....

Links here. A tactical novelty by the other side: having briefs filed which in fact are anti-2A, but labelled a brief "in support of neither party." I can't quite see the point -- posing as neutral to make their message seem less partisan? Trying to disrupt the flow of briefing, and prevent petitioner from having the stage? It gives no time advantage -- briefs in support of neither side must be filed with the petitioner's amicus briefs, perhaps because the Court is aware of such a tactic.

UPDATE: there are about 26 amicus briefs filed, including ones by 118 Congressmen and by 24 states, and by the United States. Four or five (including Brady Campaign and Giffords) are actually anti-2A but filed as briefs supporting neither side.

The President has signed the Target Practice and Marksmanship Training Support Act. On a quick read it seems to increase Pittman-Robertson funding for shooting ranges.

Plea agreement here. It gets interesting around page four. He was a security guard, and at night he would take guns and parts from guns that were supposed to be destroyed, take them home, and sell them. He stole quite a load, including some full-autos, and including 3,000 Glock slides!

And, for once, Brady Brady apologizes for politicizing their loss. There's a first time for everything, I guess.