Missouri Court Upholds Statute Against Gun Possession While Intoxicated
Originally published on Volokh.com Missouri v. Richard was decided earlier this week by the Missouri Supreme Court, solely on the basis of the Missouri Constitution. Missouri law, Section 571.030.1(5) punishes someone who “Possesses or discharges a firearm or projectile weapon while intoxicated.” Richard did in fact possess a loaded handgun while intoxicated (eventually to the point of […]
McDonald Amicus Briefs: Academics, Congress Redux, and California District Attorneys
Originally published on Volokh.com Thirty two amicus briefs in McDonald v. Chicago have been filed so far, and they are all available at the Chicago Gun Case website, run by the Second Amendment Foundation (which is one of the parties in McDonald). My brief is also available on SSRN. The next brief (Chicago’s) is not due […]
7th Circuit Says Gun Registration is OK
Originally published on Volokh.com Last week, the 7th Circuit Court of Appeals decided a case involving the Cicero, Illinois, gun registration ordinance. Full coverage of the decision is available in an article for CBS News, by Declan McCullagh. (And be sure to check out Declan’s new Taking Liberties weblog.) The decision is written by Supreme Court […]
Second Circuit Rules in Favor of Firearms Dealers on Procedural Due Process
Originally published on Volokh.com Spinelli v. City of New York was decided on August 7, by Judges Calabresi and Walker. Judge Sotomayor had been on the panel, but did not participate in the decision, due to her elevation to the Supreme Court. Angela Spinelli had been doing business a licensed firearms dealer in the Bronx for […]
Tenth Circuit Split on Gun Ban for Misdemeanants
Published on Volokh.com The Tenth Circuit divided 2-1 today on the constitutionality of banning guns for persons who have been convicted of a domestic violence misdemeanor. The issues arises because federal prosecutors petitioned for a Writ of Mandamus, to stop a Utah district judge from employing a jury instruction which the prosecutors did not want. The […]
Taking It to the Streets
Originally published in Reason Magazine Should we treat guns like cars? Handgun Control Inc. has been saying so for years, and this summer Vice President Al Gore agreed. “We require a license to drive a car in this nation in order to keep unsafe drivers off the road,” Gore said. “As president, I will fight for […]
