Arms and the Law

The in-depth review is by Prof. Brian Anse Patrick.

The Quakenbush -- a .458 air gun. I guess he decided, if it was good enough for Lewis and Clark, it's good enough today.

In the last election, we had a cliffhanger of a race. It pitted Ron Barber, anti-gun and backed by a lot of independent expenditures by anti-gun organizations, against Col. (ret.) Martha McSally, who not only was pro-gun, but is retired Air Force, flew combat missions, holds a Master's from Harvard and graduated first in her class from the Air War College. In short, not the typical ("I'm a politician and likable") candidate.

She prevailed in the first vote count by 161 votes, out of nearly a quarter million cast, but the slim margin makes a recount automatic. She's asking for contributions to handle the recount. I've given, and would ask you to consider doing the same.

NY law requires permits to possess handguns, and after a firearm owner dies sets a limit on how quickly his or her survivors must transfer the handguns to the heirs. In practice, the time limits are not often enforced. But Buffalo police have begun showing up at the houses of deceased gun owners, demanding to be allowed to search for and seize firearms. The program involves comparing death records to handgun permit lists, and the officers apparently are not informing the survivors that they can get the guns back, and improperly taking long arms, too.

As Dave Workman observes, so much for the claim that registration does not lead to confiscation.

Ninth Circuit order here. Peruta essentially held unconstitutional California's combination of "may issue" carry permits and banning all carry, open as well as concealed, absent such a permit. It was brought against the county sheriff. He announced he would not appeal further (to en banc rehearing or for cert.). California, which had not been sued and had not participated, then moved to intervene and take over, as did Brady Campaign (which probably had no standing and was just looking for media coverage). The panel denied both motions by a 2-1 ruling.

California can always move for rehearing en banc as to its motion. But apparently the Circuit wasn't willing to review the case itself en banc (which it can do on its own motionif a majority of judges want to), so odds there are not good. Ah, now I think I remember proceedings were stayed until this motion was ruled upon, so maybe the time period for voluntary en banc only now begins.

It concerns the PA "super-preemption" statute and its legal problems. I only wish I'd gotten one or two more minutes of time. I'd meant to suggest that there is something curious about organizations (cities) suing to establish that organizations have no power to sue.

Yep. Of course they should have referred to the gun rights movement. But, astonishingly, the article comes from The Washington Post!

In recent weeks, I've had the luxury of a little time for non-law reading, a luxury I've rarely had for many years. A few military histories that really stand out to me:

Four FFLs and the Calgun Foundation have challenged a provision of California gun laws -- on a First Amendment basis.

The law in question forbids a dealer to advertise handguns with a sign visible from outside the store, or to display the word "handgun." I believe it derives from the ancient Uniform Firearms Act. The case sounds like a winner; business speech can have some controls not allowed in non-business speech, but outlawing truthful speech is a problem even there.

Speaking of litigation, the NYSRA & NRA suit against the NY SAFE act is set for oral argument on December 8.

Right here, from the Crime Prevention Research Center.

"Everytown's recent analysis of mass shootings is riddled with errors. Mistakes are made on the number of mass shootings as well as the extension of mental illness, the killers' ages, and even where the attack occurred."

Johnson v. United States. Issue is whether possession of an unregistered short barreled shotgun qualifies as a crime of violence under the ACCA. I'd say the government is going to lose this one. I don't know the defendant's attorney, Katherine M. Menendez, Fed. Public Defender, but she did a really first-rate job of arguing her case.

I'm on the plane, coming back home. It was a nice event, the students very polite and courteous (this is not always a trait of law students!). A few interesting points: the Common Cause speaker went on a theme of "NRA uses its money to buy elections." I pointed out that the money comes predominantly from members' dues and contributions, so this is five million Americans' money being used to affect politics, hard to say what's wrong with that. In the course of making that point, I said it's millions of people chipping in their annual dues of $35, or whatever it may now be... and two female students added "yes, it's still $35." Another student later shared with me his experiences in gun collecting.

I got to shake hands with Mrs. Thurgood Marshall, who was attending. I'd seen her late husband speak at U of Ariz. years ago; he struck me as one Justice with an active sense of humor.

The event was named for civil rights attorney Wiley Branton; one of hsi family members was there and mentioned that he carried guns during his "time in the trenches."

Story here. I gather that NYC outlaws carrying knives with blades 4" or longer, and also any lock back knife that can be opened by flipping. In this case they arrested someone for carrying a knife that had no lock, and which could only be flipped open if its blade was first half-unfolded. NYC eventually dropped charges, and the owner sued and won.

Via Instapundit, who makes a good suggestion: next time go for an injunction as well as damages.

64,000 pages, albeit with redactions.

In Washington, an anti-gun group runs a TV ad that attacks the online auction website, and the operator hits back.

N.C. State Fair declares itself a "gun free zone;" three fairgoers are robbed at gunpoint.

Yet another case of academic BS. The pic was posted to his Facebook page, not on any school (electronic) property or site. The sanction is supposedly because he "caused disruption."

Instapundit is right: it's getting to where sending your kids to public school is a form of child abuse. In this case, I'd think the academic supervisors need training course in the First Amendment.

It's to be held on Thursday, Nov. 6, at their law school (2900 Van Ness Street, NW, Washington DC 20008 -- the law school is not part of their main campus). Dave Kopel and I will speak, against an Orkish horde. Webpage here.

Woman draws gun on neighbor, holds him, after she discovers him raping her pit bull, he announces that ISIS sent him to do the deed, and tells her that she will die the moment she kills him.

Understatement of the year: "Woodruff said the man appeared mentally ill..."

A while back I posted on MSNBC's poppycock claim that NRA was somehow responsible for Ebola's menace, since NRA had blocked the nomination of an anti-gun Surgeon General and that somehow impaired our response.