Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« Heller update | Main | A few embarassing moments... »

Heller in the press

Posted by David Hardy · 9 February 2008 11:27 AM

Wash Po picks up on the Congressional brief, and that Dick Cheney signs on. As well as the fact that the brief disputes the Solicitor General's standard of review position. Again, a surprising balanced and objective piece.

I've mentioned the brief filed by American Shooters & Hunters Assn, a "false flag" operation. They've put out a press release on their filing. As part of the false flag operation, their brief suggested the DC ban violated the Congressional home rule enactment for DC -- in the hope that the Court would use that, rather than the Second Amendment, as a basis for ruling. And so their press release is entitled "DC Gun Law Violates Home Rule Act." But US News & World Report doesn't take the spin.

BTW, I wouldn't give that angle high hopes. (1) It's invoking an argument NOBODY has ever made in the case. It's not the question presented, either. (2) Even if accepted, result would be DC Circuit is affirmed on a different basis. DC CIrcuit's case law stays in place. (3) Court didn't take the case just to bail out after everyone's briefed. Gun Law News has a concise summary.

Capitol Weekly (Calif.) has an interesting and long piece. Anti-rights folks saying an individual rights view would strike down every gun law and topple the Republic (watch how quickly they shift when that happens). For my money, the interesting passage:

"Irwin Nowick, a senior consultant in the Senate Rules Committee who is widely seen as a leading expert on firearms law, said courts have long ruled that states could limit or ban guns most likely to be used by “ruffians, brawlers and assassins,” ....

Normally considered a liberals, Justices David Souter and Ruth Bader Ginsburg are both sympathetic to “reasonable gun rights,” Nowick added. A narrowly crafted individual right could win 7-2, he said."

Big hat tip to reader Jack Anderson...

· Parker v. DC

6 Comments | Leave a comment

Tim | February 9, 2008 12:42 PM | Reply

Dave, thank you for everything. I don't know where you get the energy, but I thank GOD you have it.

Matthew Carmel | February 9, 2008 2:03 PM | Reply

If American Shooters & Hunters Association is a false flag operation, how about our side trying the same approach?

Rudy DiGiacinto | February 9, 2008 2:06 PM | Reply

Well I know of at least one former Intelligence Officer of the Defense Intelligence Agency who doesn't agree with them. Intelligence is a force multiplier and they have been routed.

Federal Farmer | February 9, 2008 3:51 PM | Reply

Matthew,
We don't try it for two reasons:
1. We aren't liars, they are
2. It is too late to file briefs in support of petitioner

Gene Hoffman | February 10, 2008 11:49 AM | Reply

Irwin Nowick is the author of almost all of the California Penal Code on firearms. It's part of the reason its so convoluted and so loophole ridden - even though he doesn't mean it to be.

The funniest thing is that Irwin considers himself pro-gun while he most demonstrably is not.

-Gene

W. W Woodward | February 10, 2008 6:36 PM | Reply

Congressional brief for the respondent,

Don't bother looking for Hillary's or Obama"s names on the signatory list.

No big surprise

Leave a comment