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 […]
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 […]
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 […]
