Search Results for: "Historical understanding"

A Historical Understanding

A witty and informative email reply by attorney Donald Kilmer to a  discussion on the Los Angeles County Board of Supervisors banning .50-caliber handguns: As long the ban doesn’t exceed the .64 caliber U.S. issued smoothbore flintlock boarding pistol, we have nothing to worry about. Maybe the Board of Sups should read a little history.

A Historical Understanding

The State of Minnesota also filed its own motion for summary judgment, which …  went on to say … that “18-20 year old women are also not covered by the plain text of the Second Amendment.” [More] I once wrote a speculative article (way pre-Heller) I can’t find now that basically made the case that … Continue reading “A Historical Understanding”

A Historical Understanding

So, when gun-control advocates claim that mass shootings represent a special case that the Founders never knew about or could have predicted, they’re wrong. Right now, they’re using the nation’s anger and fear over mass shootings to push for a raft of new gun-rights restrictions. But those laws will probably violate the Constitution, for reasons … Continue reading “A Historical Understanding”

We’re the Only Ones Forfeiting Enough

Appeals Court rules state must return $225K seized from California man during Brandon traffic stop [More] Will he be compensated for the time and money he has spent fighting this? And what will it personally cost the government thieves? Here’s the way the JBTs describe it: Asset forfeiture is a powerful tool used by law … Continue reading “We’re the Only Ones Forfeiting Enough”

The Butterfly Effect

9th Circuit overturns Hawaii butterfly knife ban, citing Supreme Court ‘history’ standard on guns [More] Here ’tis… More fine work from Alan Beck and Stephen Stamboulieh… I notice Adam Winkler whining about Bruen creating an “impossible position.” Why they ever invited this guy to GRPC is beyond me– it’s not like he’s a pal. Can … Continue reading “The Butterfly Effect”

How Do You Get From Here to There?

“We have already recognized in Heller at least one way in which the Second Amendment’s historically fixed meaning applies to new circumstances. Its reference to arms does not apply only to those arms in existence in the 18th Century… just as the First Amendment protects modern forms of communications and the Fourth Amendment applies to … Continue reading “How Do You Get From Here to There?”

‘No, No!’ Said the Queen. ‘Sentence First — Verdict Afterwards.’ 

But what are due process protections when it comes to the government’s intentional deprivation of a constitutionally protected right, or even a constitutionally protected “property” right, through ex parte proceedings? [More] Well, we could go with the stare decisis version and defer to past acts of judicial tyranny, or we could go with a historical … Continue reading “‘No, No!’ Said the Queen. ‘Sentence First — Verdict Afterwards.’ “

Relaxed Weekend at Indy

I’m not going to be doing a larger write-up– I had hoped to do a poll there, but soon decided that to have a plan and to make it happen can be two very different things, so settled on just enjoying myself. As such, really, I got nothin’, except a couple of pictures I want … Continue reading “Relaxed Weekend at Indy”

Who’s Asking?

WaPo: Mass shooting raises controversial question: What’s the Christian thing to do about guns? [More] That it’s “controversial” is the first lie, but one to set everyone scurrying off in the wrong direction. Shall we consult the “historical understanding” that the Founders accepted? “He that suffers his life to be taken from him by one … Continue reading “Who’s Asking?”

Point/Counterpoint

Dave, like so many others you are in error concerning Heller’s statement on the M-16. Scalia wrote that anyone who say’s M-16s and the like can be banned have de facto separated and nullified the prefatory clause “A well regulated militia being necessary to the security of a free state,” from the operative “the right … Continue reading “Point/Counterpoint”

So… No Poll Taxes?

In a case involving fees for commercial filming in areas under the control of the National Park Service, the DC District Court has ruled that fees charged for exercising constitutional rights of the first order are unconstitutional… ‘This regime is difficult to square with the longstanding rule that the government may not “impose a charge … Continue reading “So… No Poll Taxes?”

FFL Persecuted for Years by FBI and ATF Left to Fend for Himself

In light of Bruen and its “historical understanding” benchmark, it’s difficult to see how an honest legal analysis could continue to support ATF’s vindictive vendetta against Albert Kwan. [More] What a prolonged and tyrannical outrage. The question now is, does anyone besides a handful of us care?

A Right Delayed

Redwood City approves temporary ordinance prohibiting gun shops [More] “Temporary” as it can go on for two years and then they’ll enact another one. So the majority can deny rights to minorities– just like the “good old days”? What did Dr. King say about “justice delayed”? Show me the prospective store owner with the resources … Continue reading “A Right Delayed”

And Then They Came and They Came

More Than Two Dozen Gun Control Measures Prefiled for 2023 Session of the Texas Legislature [More] None of them pass the Bruen “historical understanding” benchmark, but that doesn’t matter to the antis, who will never stop because they have the resources and media support to keep coming and coming and coming… [Via Jess]

Too Little Too Late?

The new amendment reads, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.” [More] I thought the Bruen standard did away … Continue reading “Too Little Too Late?”

Up in Smoke

A federal judge on Friday dismissed a lawsuit from Florida’s agriculture commissioner that challenged a ban on medical marijuana patients’ rights to buy and possess firearms. [More] So when are they going to arrest her? And no, of course, I don’t agree with the ban. I just can’t help but notice she’d be happy to … Continue reading “Up in Smoke”

It Depends Upon What the Meaning of the Word ‘Responsible’ Is

To amend title 18, United States Code, to require licenses to acquire or receive firearms, and for other purposes. [More] You know, just like “a historical understanding” validates… Prognosis 2% chance of being enacted… So Kim’s doing it just to get his name in the papers. You’d think a guy with his background would be aware … Continue reading “It Depends Upon What the Meaning of the Word ‘Responsible’ Is”

You’re in Good Iron Fists

Gun owners in the nation’s 10th largest city who disobey a requirement to carry liability insurance and pay a yearly fee will have to fork over up to $1,000 in fines as part of San Jose’s unique and controversial push to combat gun violence — a novel legislative approach that has triggered a challenge in … Continue reading “You’re in Good Iron Fists”

Just Like in the Good Old Days

New Jersey lawmakers want to solidify the state’s standing of having some of the toughest gun laws in the nation by requiring people to have liability insurance for concealed carry and add to the list of places firearms will be banned in public. [More] I guess the historical understanding here is Democrats intend to resume … Continue reading “Just Like in the Good Old Days”

Like a Good Nachbar

Freeman said the insurance requirement was analogous to some 19th-century laws requiring gun owners to post bond in order to carry a gun. [More] Ah yes, Licky Liccardo’s law… The antis will try to use Bruen’s “historical understanding” to justify every disarmament edict they can think up. Let unsaid with that approach: Were those edicts … Continue reading “Like a Good Nachbar“

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