The First “Assault Weapon”: Banning Guns Based on “Style” Rather than Function
Originally published on Reason.com When five schoolchildren were murdered at an elementary school in Stockton, California, in January 1989, the public learned a new phrase: “assault weapon.” To most gun owners and non-owners alike, it was a brand new term. It was also confusing. Whenever “assault weapon” laws have been enacted, they apply to guns that […]
The History of the ‘Assault Weapon’ Hoax, Part 1: The Crime that Started it All
Originally published on Reason.com The “assault weapon” controversy first became a national issue in January 1989, when a career criminal murdered five children at school playground in Stockton, California. The failures of law enforcement before and during that crime—and the media and political failures thereafter—were similar to those related to the recent murders in Parkland, Florida. […]
Congress should use constitutional power to force states to honor gun rights
A few weeks ago, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017 with bipartisan support. The Act would allow persons eligible to carry a concealed firearm in their home state to carry in other states as well. Opponents contend that the Act violates federalism. Actually, the Act is well within congressional powers under the Fourteenth Amendment. That Amendment was enacted specifically to give Congress the power to act against state infringements of national civil rights.
Section one of the 14th Amendment forbids states to violate civil rights. Section five of the Amendment grants Congress “the power to enforce, by appropriate legislation, the provisions of this article.” Enacted during Reconstruction, the Fourteenth Amendment was a remedy to ex-Confederate states denying freedmen the right to arms and other civil rights.
What if there were serious gun controls?
After the Las Vegas murders, Sen. Brian Schatz (D-Hawaii) urged Congress to “take a stand against gun violence by passing common-sense gun safety laws.” On Monday, after the mass murder in Texas, he wrote, “A simple idea: Anyone convicted of domestic abuse should see their rights under the 2nd Amendment severely curtailed.” On Tuesday, Sen. Jeff Flake (R-Ariz.) announced that he and Sen. Martin Heinrich (D-N.M.) are writing a bill “to prevent anyone convicted of domestic violence — be it in criminal or military court — from buying a gun.
The racist origin of gun control laws
by Dave Kopel and Joseph Greenlee Guns have historically protected Americans from white supremacists, just as gun control has historically protected white supremacists from the Americans they terrorize. One month after the Confederate surrender in 1865, Frederick Douglass urged federal action to stop state and local infringement of the right to arms. Until this was […]
D.C. Circuit upholds right to bear arms for D.C. residents
Originally published: Reason.com The U.S. Court of Appeals for the District of Columbia Circuit has ruled that the District government must grant handgun carry licenses to D.C. residents on the same basis that carry permits are issued in most states. In particular, D.C. may not limit carry permits only to persons who prove a “special […]
Want to stop mass shootings? Let’s get more guns in the right hands
The recent mass murders on London Bridge ended eight minutes after they began, when armed English police officers arrived and shot the killers. Other police officers, who had batons but not firearms, happened to be near the scene when the attack began.
2017 is shaping up to be another winning year for gun owners
So far this year, thirteen state legislatures have enacted laws to strengthen the right to keep and bear arms, and none have passed new gun control laws. In every year this century, pro-gun laws have outnumbered anti-gun laws, but this year’s score is particularly lopsided.
The “Pro-Gun” Provisions of Manchin-Toomey are Actually a Bonanza of Gun Control
Originally published on Volokh.com The Toomey-Manchin Amendment which may be offered as soon as Tuesday to Senator Reid’s gun control bill are billed as a “compromise” which contain a variety of provisions for gun control, and other provisions to enhance gun rights. Some of the latter, however, are not what they seem. They are badly miswritten, […]
Activities for Gun Appreciation Day
Originally published on Volokh.com Saturday, January 19, is Gun Appreciation Day. Americans are urged to “go to your local gun store, gun range, or gun show” and to show their support for Second Amendment rights. The blog Shall Not Be Questioned, which has long been one of the most influential and thoughtful pro-RKBA blogs, endorses Gun Appreciation Day, but raises […]
Moore v. Madigan, Key Points
Originally published on Volokh.com Judge Posner’s opinion for a 2-1 panel of the 7th Circuit. Illinois is the only state which forbids gun carrying in public as a matter of law. There is no provision for the issuance of licenses for concealed carry, or for open carry. Both are banned. There are some exceptions for particular […]
Louisiana Amendment to Strengthen Right to Arms on November Ballot
Originally published on Volokh.com In state elections, the most important vote this November will be in Louisiana. A referendum there would significantly strengthen protection of the right to keep and bear arms in the state, and would set a very significant national precedent. Before the Civil War, the Louisiana Constitution did not mention a right to […]
