Arms and the Law

Subscribe to Arms and the Law feed
Updated: 6 days 22 hours ago

Latest on Alec Baldwin shooting

Wed, 08/17/2022 - 22:14

The FBI reports there was no malfunction of the gun; it could not have gone off unless Baldwin cocked it and pulled the trigger. Why the PD went to the FBI for this, instead of just asking a gunsmith to take it apart, is unclear, as is why the FBI would consider a local homicide within their jurisdiction.

So now we wait to see what the prosecutors will do, and whether a celebrity can literally get away with murder, or at least manslaughter.

A rather extraordinary letter, MO Attorney General to the FBI

Tue, 08/16/2022 - 15:48

A letter referencing FBI's desire to "audit" their CCW license holder list. What business has FBI "auditing" lists of CCW holders? And how would you audit it anyway? The AG quite properly tells them where to stick their request. I wonder if FBI ever bothered to comply with the Privacy Act, which requires agencies to make public their databases and the "routine uses" of each.

Food for thought

Mon, 08/15/2022 - 16:15

Here. The historian Oswald Spengler defined caesarism as, not one-man rule, but a point when all traditional political norms are abandoned. Hmmm...

How have the lower courts handled Bruen?

Sun, 08/14/2022 - 13:16

An interesting article. Considering the decision is only six weeks old....

I've been reading and re-reading the decision, and writing an article on it. The ruling is SO important. Heller and McDonald laid the groundwork, but themselves decided little but "to entirely ban handguns is unconstitutional," (a regime that existed in no state and only maybe a half dozen cities) and gave little guidance on how to assess everything else. Bruen strikes down a major aspect of the oldest of the modern gun laws, and lays out a detailed framework. Text, history, and tradition, and what matters there is evidence relevant to the understanding of Americans of 1791, or at most 1868. Don't go quoting the gun laws of Henry VIII, or those of a few territories in the 1890s.

David Kopel on Bruen

Sat, 08/13/2022 - 14:01

A forthcoming article in the Cato Supreme Court Review. I haven't read it yet and so cannot comment, but it certainly sounds comprehensive.

First time gun ownership soaring!

Fri, 08/12/2022 - 14:28

That's what NSSF dealer surveys show. Purchases by first-time gun owners in 2021 totaled over 5 million. Plus large numbers of dealers reporting increases in purchases by women and minorities.

I've felt that Americans were always a nation of gunnies; that was depressed in the 1960s and 1970s, and now we're returning to the norm.

<p>An <a href="https://moguldom.com

Fri, 08/05/2022 - 01:38

An incident in Virginia. A 61-year old black pastor discovers five people dumping a refrigerator on his land, confronts them, and they start threatening him. He throws down on them, and winds up arrested for brandishing a weapon. Fortunately, charges were dropped, the five arrested, and two police supervisors given unpaid leave. The sheriff says, "Actually, as I told Mr. McCray, if I were faced with similar circumstances, I would have probably done the same thing."

House-passed "assault weapon" "ban"

Sat, 07/30/2022 - 13:29

Text here. Among other things, it would cover any semiautonomous rifle with a "pistol grip" or a "threaded barrel." Note this would cover even those where the pistol grip is a portion of the shoulder stock. The M-1 Grand and Carbine would be covered, since their stocks have pistol grips. (The Garand's clip is likely a "detachable feeding device.") So would the Remington Model 8, first sold in 1906 (which also has a detachable buttstock, another banned feature). Among handguns, any that have a magazine outside the pistol grip (There goes the broom handle Mauser). Among shotguns, any that have a magazine (fixed or not) that can accept more than 5 rounds (with the new 1 3/4" shells, that means all of them) and has "a pistol grip or a bird's head grip."

Guns "banned" by name: all "AK types" and "AR types," including some .22 rimfire.

Also covered is any parts designed to "accelerate the rate of fire" of a semiauto.

I can't bear to read any farther. That a majority of the House would pass this is beyond belief...

Right to arms -- in Taiwan

Thu, 07/28/2022 - 13:13

This video from Radio Canada, which generally has and anti-gun (and esp. anti-American gun) position. It originates with WION (World Is One News), about which I know little. The theme is that the Taiwanese, like the Ukrainians, are out to train themselves in shooting, and for the same reason.

Gotta wonder that the anti-gunners haven't simply packed up and gone home. Americans' gun purchases are sky-high. The biggest problem shooters face is that, even with factories running 24/7, manufacturers can't produce enough ammo. The AR-15 has become the most popular rifle. The Supreme Court (three cheers for Justice Thomas!) has trounced them. The BLM riots have shown everyone that only fools rely on the government for protection. International aggressions have led to the people of other nations seeing the same.

It's not just that the anti-gunners are losing. It's that their cause is becoming irrelevant, obsolete.

Steve Halbrook discussing Bruen

Sat, 07/23/2022 - 13:31

Video here. I think the impact of the decision is still sinking in. Balancing tests are out the window. Stop debating strict scrutiny vs. intermediate review. The only question is what did the American people understand they were doing when they ratified the Second Amendment, and the Fourteenth Amendment.

At least one court appreciates that it's a new world out there. How do you reconcile an AW and magazine ban with the understanding of Americans in 1791 and 1868? Americans at either date would have been laying hands on an AR-15 and asking why they couldn't get an M-4 instead.

Very impressive presentation!

Thu, 07/21/2022 - 20:04

By the Netherlands' chief of defense. As he puts it, he didn't choose the pen or the brush as his instrument, but a gun. A very impressive presentation.

ATF agent gets arrested

Wed, 07/20/2022 - 23:30

He does not take it well. The action starts at 5:10.

Incredible shooting by the fellow who stopped the Indianapolis mass killer

Tue, 07/19/2022 - 22:25

He took the killer down in 15 seconds, first round hit at 40-50 yards! Total ten shots, eight hits, at that range under combat conditions and pandemonium. He must be a LOT more practiced than I am!

Mass killings update

Tue, 07/19/2022 - 14:56

Clayton Cramer has a post on, with link to, the FBI's active shooter (which does have a broader definition than mass killer) report. Among other things, the FBI notes that 14 such shooters were stopped by law enforcement, and 4 by civilians (2 by shooting the perp). It appears that both of the perp-killed-by-civilian cases involved multiple civilians fighting back.

Plus, the Uvale report is out. The killer had quite a budget for an 18 year-old: $3,000 in guns, and a $1,100 order of ammo. The police response is as bad as you think.

Armed citizen stops Indianapolis mass slaying -- and Antis react

Mon, 07/18/2022 - 17:00

A mass slaying at a shopping mall is stopped by the accurate fire of a 22 year-old civilian.

The head of Brady Campaign seems to see him as a vigilante;

"Here's what we're not going to do: continue to uplift the NRA myth of a "good guy with a gun."

Let me be clear: If more guns made us safer, America would be the safest country in the WORLD.

We need sensible gun laws, not vigilante safety nets."

And there's more. "Shootouts in malls between the bad guy & good guy is not freedom. It's a war zone. It's the Wild West. It's a 3rd world nation. It's sick. Stop glorifying the good guy with a gun. If your only thought is "well it could have been worse," then you're the problem." "My opinion of the Greenwood Mall mass shooting yesterday: 4 people are dead. Other people are saying a civilian killing the shooter is a sign that we are on the right track. This is chaos we're living in, not a viable society." "You're comfortable with the firearms aim of a random mall shopper. Others are not."

A pitiful lack of knowledge....

Sat, 07/16/2022 - 15:49

Visible here. Two antis boast of their military knowledge and experience, but think the forward assist on an M-16/M-4 is a button you push to switch to full auto fire. (Either that, or they think the right end of the selector switch rotor is that button).

Public service announcement

Tue, 07/12/2022 - 16:47

Don't put all your fireworks in a big pile, and if you do, don't set off bottle rockets nearby.

Hawaii AG reacts to NYSRPA

Tue, 07/12/2022 - 12:25

She pretty much caves in, though with an unusual ending suggesting that they can still be strict and arbitrary on granting permits for open carry.

New York store owner defends self with knife, is charged with homicide

Sun, 07/10/2022 - 21:35

Story here.

"If Alba is somehow found guilty for fighting back against criminal tyranny, then New Yorkers should understand this new reality: When you're in danger, no one is coming to save you, and if you try to save yourself, you're likely to be condemned for it."

UPDATE: GoFundMe just deleted Alba's account>

Pages