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<title>Of Arms and the Law</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/" />
<modified>2008-05-09T21:31:43Z</modified>
<tagline></tagline>
<id>tag:armsandthelaw.com,2008://1</id>
<generator url="http://www.movabletype.org/" version="3.15">Movable Type</generator>
<copyright>Copyright (c) 2008, David Hardy</copyright>
<entry>
<title>Comcast continuing...</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/comcast_continu.php" />
<modified>2008-05-09T21:31:43Z</modified>
<issued>2008-05-09T20:16:52Z</issued>
<id>tag:armsandthelaw.com,2008://1.2743</id>
<created>2008-05-09T20:16:52Z</created>
<summary type="text/plain">I told the person yesterday, when the tech people are coming out, call my office number, here it is. Do not call the home number, the one on the account. They were supposed to be here between 10 and 12:...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>I told the person yesterday, when the tech people are coming out, call my office number, here it is. Do not call the home number, the one on the account.</p>

<p>They were supposed to be here between 10 and 12: nobody showed up.</p>

<p>So I call back in... and am told the tech called me. I ask, did he call the office number? Yes, that's the number we gave him. I responded -- I have caller ID, that shows two calls today, and I answered both. Uh... no explanation, we'll tell him to put you on the list when he's available.</p>

<p>Checked home phone. Yep, he called there. Called back and was told someone will be here "today." </p>

<p>Someone was angered enough to create <a href="http://comcastmustdie.com/" target="_blank"> Comcast Must Die</a>.</p>]]>

</content>
</entry>
<entry>
<title>Mayor Bloomberg has problems with 1st as well as the 2nd amendment</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/mayor_bloomberg.php" />
<modified>2008-05-09T18:16:57Z</modified>
<issued>2008-05-09T16:58:59Z</issued>
<id>tag:armsandthelaw.com,2008://1.2742</id>
<created>2008-05-09T16:58:59Z</created>
<summary type="text/plain">According to the New York Sun, Mayor Bloomberg has moved, in the suit against a GA gun dealer, to forbid the defense from mentioning the Second Amendment. As the paper notes, &quot;While trials are often tightly choreographed, with lawyers routinely...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>Gun manufacturer liability</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>According to the <a href="http://www2.nysun.com/new-york/gag-on-2nd-amendment-is-citys-aim-in-guns-suit/" target="_blank"> New York Sun</a>, Mayor Bloomberg has moved, in the suit against a GA gun dealer, to forbid the defense from mentioning the Second Amendment. As the paper notes, "While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity."</p>

<p>I suppose we'll see if Hon. Jack Weinstein has problems with both amendments as well.</p>

<p>UPDATE: it's called "long arm jurisdiction." A very technical end of the law (took a case to the state Supreme Court on it once). Basically, you can sue a person or company where they reside, and also sue a company where it "does business," so to speak. If you go beyond that, it's a denial of due process. The question of how much contact the company has to have with a State is confused and confusing, even at the US Supreme Court level. But local courts of course want to assert jurisdiction (having locals sue out of Staters sounds like a great idea). In my case, it was product liability, a single action being dropped and firing. The mfr was in Italy. At the time the gun was sold, the mfr had no advertising in the US, no local company. Its sole contact had been to make one lot of arms, which an American importer based in Connecticut picked up in Italy and sold in the US. Twenty years later, one of them was dropped in AZ and fired, killing a local. How it got from CN to AZ was not determined; someone could have bought it back east and moved here.</p>

<p>AS Supremes held that the AZ courts had jurisdiction over the Italian manufacturer, and the US Supremes denied cert..</p>

<p>Purposeful availment--I forget how they dealt with that. Claimed to go with the Asahi plurality, using that standard, but then construed it to mean ... memory is faint, but it was something like: this was shipped to the US, a single-action is a Western looking gun and would be likely appeal to a person in a Western state such as AZ, aha, that's purposeful availment of AZ markets! The state Supremes were very pro-plaintiff then, which I didn't mind since I mostly do plaintiffs' work. The case was A. Uberti v. Leonardo, 181 Ariz. 565, 892 P.2d 1354 (1995).</p>]]>

</content>
</entry>
<entry>
<title>NYC police gunfights</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/nyc_police_gunf.php" />
<modified>2008-05-09T01:55:33Z</modified>
<issued>2008-05-09T01:28:02Z</issued>
<id>tag:armsandthelaw.com,2008://1.2741</id>
<created>2008-05-09T01:28:02Z</created>
<summary type="text/plain">A summary of studies. Two figures -- only 13$ of shots fired him, and only 34% of the time was the person being fired on hit at all -- aren&apos;t too astonishing. One of the revolutions in training came years...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>A summary of <a href="http://www.nytimes.com/2008/05/08/nyregion/08nypd.html?_r=3&oref=slogin&ref=nyregion&pagewanted=all&oref=slogin&oref=slogin" target="_blank"> studies</a>.</p>

<p>Two figures -- only 13$ of shots fired him, and only 34% of the time was the person being fired on hit at all -- aren't too astonishing. One of the revolutions in training came years back, when they realized that people trained on shooting from a good position at a well-lit target in a fixed location, when in fact gunfights usually occurred under conditions too dark to see the sights, while you were trying to take cover, the other guy was doing anything but standing still facing you, and your blood was full of adrenalin, often with bullets whizzing past. </p>

<p>Hat tip to Joe Olson...</p>]]>

</content>
</entry>
<entry>
<title>Atty interested in talking to private investigators in Chicago</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/atty_interested.php" />
<modified>2008-05-08T23:04:29Z</modified>
<issued>2008-05-08T23:00:48Z</issued>
<id>tag:armsandthelaw.com,2008://1.2740</id>
<created>2008-05-08T23:00:48Z</created>
<summary type="text/plain">Just got a relayed email from an attorney who has represented several private investigators and security folks in that city. Even though state law says they&apos;re exempt from many gun regulations, the city police have been busting them or confiscating...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Just got a relayed email from an attorney who has represented several private investigators and security folks in that city. Even though state law says they're exempt from many gun regulations, the city police have been busting them or confiscating their guns.</p>

<p>If any of you know anyone in that situation, they should contact attorney Joel Ostrander, voice 1-708-383-2112, fax 1-708-383-2237. I don't have an email for him.</p>]]>

</content>
</entry>
<entry>
<title>Video of Len Savage on CNN re:BATF</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/video_of_len_sa.php" />
<modified>2008-05-08T22:58:44Z</modified>
<issued>2008-05-08T22:56:44Z</issued>
<id>tag:armsandthelaw.com,2008://1.2739</id>
<created>2008-05-08T22:56:44Z</created>
<summary type="text/plain">Right here. At least I think so. On dialup I can&apos;t do very much to watch video....</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>BATFE</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Right <a href="http://www.cnn.com/video/#/video/bestoftv/2008/05/07/ldt.gov.guns.cnn" target="_blank"> here</a>. At least I think so. On dialup I can't do very much to watch video.</p>]]>

</content>
</entry>
<entry>
<title>Comcast ... grrrr...</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/comcast_grrrr.php" />
<modified>2008-05-08T22:56:01Z</modified>
<issued>2008-05-08T22:50:50Z</issued>
<id>tag:armsandthelaw.com,2008://1.2738</id>
<created>2008-05-08T22:50:50Z</created>
<summary type="text/plain">Some Comcast workers are out front, installing a new distribution box or whatever it&apos;s called. High speed internet goes down (it did so temporarily yesterday while they worked). OK, it&apos;s called working on the system. I look out and notice...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Some Comcast workers are out front, installing a new distribution box or whatever it's called. High speed internet goes down (it did so temporarily yesterday while they worked). OK, it's called working on the system.</p>

<p>I look out and notice everyone's gone. And the high-speed still doesn't function.</p>

<p>Call their number. Reach a human, who asks that I test everything here. I do. Then he puts me on hold for another department ... and the call is cut off.</p>

<p>Call back, run thru the entire matter. Am told, around 2:30 PM, that the earliest they can have a repair guy out here is between 10 AM and noon tommorrow. He'll call first, and it's mandatory that someone answer. If no one picks up, he will not try again, just cancel the appointment.</p>

<p>Fortunately, I have dialup backups on this computer, but the rest of the family has none on theirs.</p>]]>

</content>
</entry>
<entry>
<title>Brady Campaign campaigning</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/brady_campaign_25.php" />
<modified>2008-05-09T15:35:52Z</modified>
<issued>2008-05-08T22:46:34Z</issued>
<id>tag:armsandthelaw.com,2008://1.2737</id>
<created>2008-05-08T22:46:34Z</created>
<summary type="text/plain">Against the Ill. Firearm Owner ID card. They want background checks in addition to the firearm permit, because the permit spans ten years. (I think there is a requirement, for a gun permit system to exempt the holder from background...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>antigun groups</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Against the <a href="http://www.dailyherald.com/story/?id=187451" target="_blank"> Ill. Firearm Owner ID card</a>. They want background checks in addition to the firearm permit, because the permit spans ten years. (I think there is a requirement, for a gun permit system to exempt the holder from background checks, that the permits not go beyond a certain time, or have a way to revoke if the holder is convicted of something disabling).</p>

<p>UPDATE: see comments. Carl in Chicago, who oughta know, says the ID cards are updated if convictions occur, and background checks are run for each sale atop them. If that's so, then Brady is campaigning only because they don't understand the law.</p>]]>

</content>
</entry>
<entry>
<title>CCW and NRA meeting</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/ccw_and_nra_mee.php" />
<modified>2008-05-08T19:58:00Z</modified>
<issued>2008-05-08T19:49:55Z</issued>
<id>tag:armsandthelaw.com,2008://1.2736</id>
<created>2008-05-08T19:49:55Z</created>
<summary type="text/plain">Snowflakes in Hell is reporting that CCW permit holders can carry in the convention center, anyway. Maybe I&apos;m old and overly cautious, but I&apos;m not going shod. I wouldn&apos;t count much on a newspaper article (Sebastian already notes one correction...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Snowflakes in Hell is <a href="http://www.snowflakesinhell.com/2008/05/08/packin-in-louisville/" target="_blank"> reporting</a> that CCW permit holders can carry in the convention center, anyway. Maybe I'm old and overly cautious, but I'm not going shod. I wouldn't count much on a newspaper article (Sebastian already notes one correction to the story; this may or may not be true as to the celebration of Amer. values), wouldn't know the local laws (is the center only open to concealed carry?) and any misunderstanding will be on the evening news (esp. if there is more than one misunderstanding).</p>]]>

</content>
</entry>
<entry>
<title>S&amp;W integral trigger lock failures</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/sw_integral_tri_1.php" />
<modified>2008-05-09T03:48:41Z</modified>
<issued>2008-05-08T16:57:24Z</issued>
<id>tag:armsandthelaw.com,2008://1.2735</id>
<created>2008-05-08T16:57:24Z</created>
<summary type="text/plain">They&apos;re being discussed at the Smith &amp; Wesson Forum. Quite a few reported -- trigger lock engaging under recoil, if dropped, etc.. Link via Xavier&apos;s Thoughts, reporting his own gun lockup. Hat tip to reader John M. Maraldo, who adds:...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>shooting</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>They're being discussed at the <a href="http://smith-wessonforum.com/eve/forums/a/tpc/f/500103904/m/228102718" target="_blank"> Smith & Wesson Forum</a>. Quite a few reported -- trigger lock engaging under recoil, if dropped, etc..</p>

<p>Link via <a href="http://xavierthoughts.blogspot.com/2008/05/s-lock-up.html" target="_blank"> Xavier's Thoughts</a>, reporting his own gun lockup.</p>

<p>Hat tip to reader John M. Maraldo, who adds: "puts me in mind of the differing attitudes gunnies and gunphobes have as to safety. Ask a gunny what safety is and they'll relate the rules of  safe handling and safe shooting. Ask them what safe design is and they'll tell you it is a design that makes the gun shoot when the trigger is pulled, but not when the trigger is not pulled. Ask gunphobes what safe design is and they'll tell you it is a design which makes the gun unlikely or difficult."</p>]]>

</content>
</entry>
<entry>
<title>Burglar fights with police, shoots self by accident</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/burglar_fights.php" />
<modified>2008-05-08T01:42:32Z</modified>
<issued>2008-05-08T01:38:03Z</issued>
<id>tag:armsandthelaw.com,2008://1.2734</id>
<created>2008-05-08T01:38:03Z</created>
<summary type="text/plain">Story here....</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Story <a href="http://www.nydailynews.com/news/ny_crime/2008/05/05/2008-05-05_suspect_kills_self_with_his_own_gun.html" target="_blank"> here</a>.</p>]]>

</content>
</entry>
<entry>
<title>Pro-gun media pieces</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/progun_media_pi.php" />
<modified>2008-05-07T22:42:59Z</modified>
<issued>2008-05-07T22:36:22Z</issued>
<id>tag:armsandthelaw.com,2008://1.2733</id>
<created>2008-05-07T22:36:22Z</created>
<summary type="text/plain">1. Just got tipped that Lou Dobbs, CCN at 7 PM, will be doing a pro-gun piece. Could be tonight or tommorrow night, or perhaps later. 2. Howard Nemerov will be on NRANews.com tonight, at 11:40 PM EDT. Apparently the...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>1. Just got tipped that Lou Dobbs, CCN at 7 PM, will be doing a pro-gun piece. Could be tonight or tommorrow night, or perhaps later.</p>

<p>2. Howard Nemerov will be on NRANews.com tonight, at 11:40 PM EDT. Apparently the topic will be Brady and VPC's system of ranking states.<br />
</p>]]>

</content>
</entry>
<entry>
<title>Steve Halbrook&apos;s new book out!</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/steve_halbrooks.php" />
<modified>2008-05-07T03:50:55Z</modified>
<issued>2008-05-07T03:45:33Z</issued>
<id>tag:armsandthelaw.com,2008://1.2732</id>
<created>2008-05-07T03:45:33Z</created>
<summary type="text/plain">&quot;The Founders&apos; Second Amendment.&quot; You can order it here, from Independent Institute. 20% discount, so $23.16. Which for a 448 page hardcover, is very, very modest....</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>

<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>"The Founders' Second Amendment." You can order it <a href="http://www.independent.org/store/book_detail.asp?bookID=72" target="_blank"> here</a>, from Independent Institute. 20% discount, so $23.16. Which for a 448 page hardcover, is very, very modest.</p>]]>

</content>
</entry>
<entry>
<title>Antigun fundraising</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/anitgun_gunrais.php" />
<modified>2008-05-07T04:29:14Z</modified>
<issued>2008-05-07T02:49:46Z</issued>
<id>tag:armsandthelaw.com,2008://1.2731</id>
<created>2008-05-07T02:49:46Z</created>
<summary type="text/plain">Snowflakes in Hell has an interesting post regarding the pro and antigun PACs this election cycle. Brady Campaign&apos;s PAC has under $50,000, and has so far raised... $73. NRA&apos;s PAC has over six million, and has raised eight million, of...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>antigun groups</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Snowflakes in Hell has an <a href="http://www.snowflakesinhell.com/2008/05/06/the-gun-control-warchest/" target="_blank"> interesting post</a> regarding the pro and antigun PACs this election cycle. Brady Campaign's PAC has under $50,000, and has so far raised... $73. NRA's PAC has over six million, and has raised eight million, of which about 3/4 came from donors of under $200.</p>

<p>His guess that perhaps Brady has been forced to cross off PAC fundraising in an effort to keep its regular operations bankrolled does seem a likely explanation. But $73?</p>

<p>Hat tip to Instapundit, whose referrals are keeping Snowflakes in Hell swamped for the moment...</p>]]>

</content>
</entry>
<entry>
<title>McCain announces Justice Advisory Committee</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/mccain_announce.php" />
<modified>2008-05-07T03:45:03Z</modified>
<issued>2008-05-07T01:35:49Z</issued>
<id>tag:armsandthelaw.com,2008://1.2730</id>
<created>2008-05-07T01:35:49Z</created>
<summary type="text/plain">Story here. I have no knowledge of what such a critter does, but the story says it would advise him on judicial appointments. What stands out to me is that it includes: Sandy Froman, the Tucson attorney who is former...</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>Politics</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Story <a href="http://hotlineblog.nationaljournal.com/archives/2008/05/mccains_judicia.html" target="_blank"> here</a>. I have no knowledge of what such a critter does, but the story says it would advise him on judicial appointments. What stands out to me is that it includes:</p>

<p>Sandy Froman, the Tucson attorney who is former NRA President.</p>

<p>Prof. Eugene Volokh, a quite pro-2nd Amendment academic and operator of the Volokh Conspiracy;</p>

<p>Prof. Orin Kerr, a member of the Volokh Conspiracy.</p>

<p>Charles Cooper, whom I recall filing some pro-2A amici, tho the memory is faint.</p>

<p>Former Sen. Phil Graham, with whom I've gone shooting.</p>

<p>Sen. John Kyl, quite pro gun.</p>

<p>Former Sen. Fred Thompson.</p>

<p>UPDATE to comments: Nope, a different Frank Keating! Former Gov. of Oklahoma, not  former convictee in AZ. I actually have a bit info regarding the other. McCain was junior Senator, and the senior one, Dennis DeConcini, talked him to going along for a meeting with the agency that was investigating Keating's savings and loan. Supposedly, it was just a meeting to encourage the regulator to act quickly and not delay a ruling any farther. At the meeting, however, DeConcini bluntly pressured the regulator to act favorably to Keating. Who, it turned out, had been ripping off the S&L blind, or equivalent conduct (I forget now).<br />
    I was told by officials at the U of Arizona that the outcome made the football games a bit difficult. Both Senators had seating in the, I forget the term, the fancy box seats up on top. McCain was so angry at DeConcini that, to avoid a conflict, they had to work things out so neither Senator entered or left at the same time, and neither passed the other during the game.</p>

<p>Hat tip to Joe Olson....</p>]]>

</content>
</entry>
<entry>
<title>Gunfight and police siege ... in London</title>
<link rel="alternate" type="text/html" href="http://armsandthelaw.com/archives/2008/05/gunfight_and_po.php" />
<modified>2008-05-06T18:44:11Z</modified>
<issued>2008-05-06T18:42:33Z</issued>
<id>tag:armsandthelaw.com,2008://1.2729</id>
<created>2008-05-06T18:42:33Z</created>
<summary type="text/plain">Story here....</summary>
<author>
<name>David Hardy</name>

<email>dthardy@mindspring.com</email>
</author>
<dc:subject>non-US</dc:subject>
<content type="text/html" mode="escaped" xml:lang="en" xml:base="http://armsandthelaw.com/">
<![CDATA[<p>Story <a href="http://www.breitbart.com/article.php?id=080506173240.cgu8biua&show_article=1" target="_blank"> here</a>.</p>]]>

</content>
</entry>

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