OSHA Targets Shooting Range
Originally published on Volokh.com The federal Occupational Safety and Health Administration has issued a citation, along with a proposed fine of $111,000 fine (OSHA press release here), against Illinois Gun Works–a gun store and gunsmith business which has a shooting range and teaches safety classes. HT Instapundit and David Codrea. In a November 2009 article for […]
Right to Carry Victory in Colorado: Students for Concealed Carry on Campus v. Regents
Originally published on Volokh.com Colorado’s 2003 Concealed Carry Act provides that licenses issued pursuant to the CCA shall be valid “in all areas of the state, except as specifically limited” by other portions of the CCA (such as the rule that CCA licensees can have a gun in the car when they are on K-12 school […]
Could President Perry Carry a Gun?
Originally published on Volokh.com Chris Moody attempts to analyze the issue for The Ticket. The analysis could have been improved by reading the laws of the District of Columbia. Moody describes D.C. as “a city that bans carrying firearms.” That’s not exactly correct. The D.C. Code generally prohibits carrying a firearm “without a license issued pursuant […]
Rifle Golf: America’s Newest Shooting Sport
Originally published on Volokh.com If you’re interested in long distance rifle shooting, or in hunting with a rifle, I highly recommend that you check out the Spirit Ridge Rifle Golf facility, in Utah. The “golf” part of the name is really just part of the rules for how your shots are scored. Other than that, it’s […]
Ezell’s Doctrinal Rules for the Second Amendment
Originally published on Volokh.com The Seventh Circuit’s decision in Ezell v. Chicago is a tremendously important case for Second Amendment doctrine. The key rules from Ezell: use originalism from both 1791 and 1868 to determine if an activity is within the scope of the Second Amendment right. If it is, apply First Amendment doctrine, and make […]
Brown v. EMA Casts Doubt on the “Weapons Effect” Justification for Gun Control
Originally published on Volokh.com Today’s Supreme Court decision in Brown v. EMA casts doubt on one of the shibboleths of gun prohibition. Since the 1960s, some social scientists have been attempting to prove that guns cause violence. They do not make this claim in the straightforward sense that guns, as tools, can be used for malign purposes–for […]
Second Circuit Reverses Judge Weinstein’s Order against Firearms Stores
Originally published on Volokh.com City of New York v. Mickalis Pawn Shop was recently decided by a unanimous 3-judge panel of 2d Circuit Judges Sack and Wesley, plus Judge Eaton (Court of International Trade) sitting by designation. The case began several years ago when New York City Michael Bloomberg brought a public nuisance lawsuit against several […]
Why United States v. Miller Was So Badly Written
Originally published on Volokh.com Before District of Columbia v. Heller, the 1939 decision United States v. Miller was the Supreme Court’s leading decision on the Second Amendment. Miller was, to put it mildly, obliquely written. As Michael O’Shea has detailed, the opinion seems mainly concerned with whether the gun in question was a militia-type weapon, which […]
Puerto Rico Law Limiting Use of Shooting Ranges
An official with Puerto Rico’s Justice Department has announced that the Department will propose changes in the island’s firearms laws, to bring them into line with Heller and McDonald. However, two of the proposed changes appear to be unconstitutional: Torres said the measures will include a requirement that shooting ranges keep logs of how much ammunition […]
NRA Supports Pro-Gun Democrats, and Many Democrats Support the Second Amendment
Originally published on Volokh.com Earlier this week, I wrote that NRA would be foolish obey the wishes of Republican activists who want the NRA to endorse only Republicans, and especially to not endorse endangered House Democrats. Here are some data on NRA endorsements, and some of the actions that dozens of House Democrats have taken to merit their endorsements: NRA […]
Remember the Imaginary “National Republican Association”?
Originally published on Volokh.com No, I’m not talking about the Paraguayan political party. During much of the last two decades, various gun control advocates, Democratic partisans, and hard-rightists have claimed that the National Rifle Association of America was really just part of the Republican political machine. “NRA” really stood for “National Republican Association,” they said. Some typical examples of the claim: The 2006 […]
Obama Import Ban on Rifles Confirmed
Originally published on Volokh.com A couple weeks ago, I blogged about an article in the Korea Times reporting that the Obama administration was blocking the import of American-made M1 Garands and M1 Carbines which the South Korean government wished to sell into the U.S. market. The Korea Times reported that an unnamed Korean official said that […]
