Another good night for the Second Amendment

Matthew Carberry 3 months ago on Wordpress

Matthew,

Don’t overreach.

I am unaware of any reputable studies that show a consistent stat. sig. decrease in crime with any loosening of possession and carry rules. By claiming that effect when it cannot be demonstrated in peer-reviewed science you lose credibility for your larger argument. Even Lott doesn’t claim an absolute drop, his unchallenged numbers merely show no change or slight decrease.

Remember, it is a fundamental Right we are talking about. The burden is on those who would restrict it to clearly show that gun control makes things safer, it is not incumbent on us to prove anything. The default for legal behavior is freedom from infringement.

So, rather than claiming an unsupportable drop, simply point out that the three largest studies over the past few decades (CDC and DOJ), as well as every other peer-reviewed reputable study done on gun control, have shown that no law restricting access and carriage by individuals has had any statistically significant positive effect on crime.

Therefore there is no justification, under any level of rational scrutiny, to restrict the RKBA. Gun control just doesn’t work as claimed, the science is damn near settled. ... See all content Hide content

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3inchbarrel 3 months ago on Wordpress

The NRA endorsed Scozzafava before she was trampled by right minded conservatives even though Scozzafava voted several times for anti-gun legislation while in the Assembly. The NRA has no clue on New York State politics and should leave us alone — they only screw things up here — we have things bad enough. The liberals have infiltrated the Republican Party leadership so there effectively is no real Republican Party here. If a candidate loses the republican primary — no problem the Democrats will pick them up! I.e. Garcia. It is time for a RINO hunt!!! ... See all content Hide content

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Matthew 3 months ago on Wordpress

It’s time to fight for open carry in every state int he US. No more permits, no more lists and licenses. Openly carried weapons ALWAYS prevent crime.

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Smarty 3 months ago on Wordpress

Those of you who support gun control need to explain why states with strict gun control have the highest crime. Perhaps you can explain why gun crime is rising in the UK, along with every category of violent crime.

There is a far greater link to %liberal population and crime than there is of %gun owner.

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levois 3 months ago on Twitter

http://im.ly/0e025/ NY Democratic Congressman-elect was A-rated by the National Rifle Association

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Mark Turner 3 months ago on Wordpress

If I remember correctly, Bloomberg opposed Bob McDonnell and attacked him for his pro-gun positions.

Apparnetly, McDonnell, in his AG job, told Bloomberg to stuff it when he started sending NYPD investigators into Virginia to harrass Virginia dealers.

Bloomberg’s oppsition worked wonders against McDonnell—-NOT!!

Suck on that one Bloomberg!

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J Richardson 3 months ago on Wordpress

NY-23: Winning Democrat Bill Owens was A-rated by NRA (as was Hoffman).

I bet the NRA-ILA feels like idiots for having endorsed Scozzafava — as they well should. Given the others pro-gun leanings, it was a wasted endorsement.

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jack burton 3 months ago on Wordpress

Gordo: I agree that Heller has not been applied to the states yet, but I would be very surprised if it isn’t in a future Supreme Court decision. Assuming that it is, then the actions taken by New York would undoubtedly be unconstitutional, and perhaps the actions taken by California.At that point, I would hope that we could dispense with the paranoia behind anti-registration efforts. Assuming also , that the “2nd amendment absolutist” position isn’t taken and registration isn’t found itself to be unconstitutional, we then get down to the real policy arguments for and against registration.To which I would argue that registration, and mandatory instruction (similar to the scheme every state uses to issue drivers licenses) would be a strong argument to oppose on policy grounds.

You really want to treat firearms the same as driver’s licenses?

Do I need the governments permission to buy a car? No.

Do I need to buy the car from only certain people with licenses to sell cars? No.

Can I buy as many cars as I want each week/month/year. Yes

Can I buy small cars, big cars, slow cars, fast cars, cars that look dangerous? Yes

Can I buy Hummers virtually like the troops use? Yes.

Do I have to wait from 5 to 15 days to pick up my car. No

If I traded in one car for a newer model do I still have to wait five to ten days to pick the new one up. No

Can I modify my car to allow more fuel, more performance, or better cornering. Yes

Would I have to turn over to the government without compensation some models of automobiles that might be banned years after I buy them. No

Do I need a license to buy a car? No

(in most states)

Can I buy a car at age 16? Yes.

Are driving lessons mandated in most high schools? Yes

Can I buy a car from anyone in any state? Yes.

Can I sell my car to anyone in any state? Yes

Can convicted felons buy, own or drive a car. Yes

In some places (e.g. NYC or New Jersey) would I first need a permit to buy from the police department which sometimes takes up to 2 years to obtain. No

In some cities (e.g. Washington D.C.) would I have to store your car partially disassembled. No

Do I need to register a car that I own? No (as long as I keep it on my own property)

Do I need a background check or waiting period to buy a car? No

Is my car held responsible if I misuse it? No

Would failure to register my car be a federal felony (prevents me from owning another one). No

Do I need to “safe store” my car even though many are stolen and used for criminal purposes? No

Will I lose my driver’s license if I violate the law with my car? Most likely not

Can I legally drive my car into any state/city in the nation with every jurisdiction honoring my registration/license? Yes

Shall I go on? Or do you really, really want to treat guns like cars? ... See all content Hide content

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jack burton 3 months ago on Wordpress

Gordo: The reply of a 2nd amendment absolutist. Do you also consider it your “natural right” to own a nuclear weapon?

The fall-back position of a fundamentally un-serious poster. There are no groups agitating for the “right to keep and bear nukes” and there are no groups presenting a “keep nukes out of homes” position.

There is no long history of individuals owning nukes, or fighting for the right to do so. There are no scholarly papers supporting the right... no seasoned politician standing up for the right.

It is a total non-issue... but is the second most common deflection that those on the anti-gun side try to use to get people riled up.

What next? Are you going to ask if we believe in the inherent right to use our firearms to shoot unicorns? ... See all content Hide content

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Gordo 3 months ago on Wordpress

jack burton: It did in New York City.... It did in California.... Heller recognized the RKBA at the very narrowest margins. As you know.It says nothing to the idea of registration/confiscation on federal or state levels.

I agree that Heller has not been applied to the states yet, but I would be very surprised if it isn’t in a future Supreme Court decision.

Assuming that it is, then the actions taken by New York would undoubtedly be unconstitutional, and perhaps the actions taken by California.

At that point, I would hope that we could dispense with the paranoia behind anti-registration efforts. Assuming also, that the “2nd amendment absolutist” position isn’t taken and registration isn’t found itself to be unconstitutional, we then get down to the real policy arguments for and against registration.

To which I would argue that registration, and mandatory instruction (similar to the scheme every state uses to issue drivers licenses) would be a strong argument to oppose on policy grounds. ... See all content Hide content

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howdytakeagande 3 months ago on Twitter

http://bit.ly/13wpeO The Volokh Conspiracy » Blog Archive » Another good night for the ... http://bit.ly/3YGF9c

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Carl from Chicago 3 months ago on Wordpress

Soronel Haetir: The sad thing about registration, I believe it would easily pass muster under the Art 1 militia clauses.Far easier to perform a call up if you know who is already armed.Much as I would dislike it I have a hard time seeing such requirements as being an infringement of RKBA.

Perhaps you are correct, but there are many other considerations surrounding the idea of simply passing a registration requirement (similar, say, to what they have in Canada).

1) That we are not currently required to muster, or in other words because the militia clauses have not been given any modern effect, would probably detract from such an argument. At the least, it would inform the trajectory of the arguments.

2) It was clear that the Heller court shied away from dealing with the modern relevance of the militia purpose of the second amendment. Therefore, such jurisprudence may have to be developed prior to any registration requirements based on the militia purpose.

3) Such a registration requirement may be seen as absurd to the degree if would affect many sporting-type arms, or antique arms.

4) Registration requirements might be built around the existing NFA, and be relevant to true modern military arms (select-fire shoulder weapons, light automatic firearms, grenades, RPGs, and other militia-useful ordinance).

5) And finally, should a modern militia purpose be developed fully by the courts, that might argue in favor of registration requirements being coupled with armament requirement. And we are talking forced civil service here, opening up another can of worms. Those required to be armed may have to be essentially all people (except exempted classes based on age, physical capability, possibly demonstrable religious beliefs, etc.).

In other words, should the minority who wish to diminish the right to bear arms or their prevalence in society try to effect those wishes through a national registration scheme, they may be opening a larger can of worms than they had bargained for. ... See all content Hide content

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Azrael 3 months ago on Wordpress

I believe the founding fathers would approve. For those thinking otherwise, consider what gun control has given the world: In Cambodia — one million people from 1975 to 1977, in Uganda — 300000 Christians from 1971 to 1979, in Guatemala — 100000 Mayan Indians from 1964 to 1981, in China — 20 million political dissidents from 1948 to 1952, in Germany — 13 million Jews and others from 1938 to 1945, in Russia — 20 million dissidents from 1929 to 1953, in Turkey — 1500000 Armenians from 1915 to 1917 all of the above murders happened as the murdered were denied their right to own a gun in order to defend themselves. Wouldn’t happen here in the USA, maybe not and that is why our founders made sure that the people had the right to keep and bear arms so that an oppressive government would never be tempted to try, works so far doesn’t it! ... See all content Hide content

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Below The Beltway » Blog Archive » Election Day 2009 Was A Good Day For The Second Amendment 3 months ago on Wordpress

[...] Kopel sums up the results: NY-23: Winning Democrat Bill Owens was A-rated by NRA (as was [...]

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Soronel Haetir 3 months ago on Wordpress

The sad thing about registration, I believe it would easily pass muster under the Art 1 militia clauses. Far easier to perform a call up if you know who is already armed. Much as I would dislike it I have a hard time seeing such requirements as being an infringement of RKBA.

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CJColucci 3 months ago on Wordpress

Joe: Where does Mayor Bloomberg (NY) fit here? He has more importance than a member of the House of Representatives.

At least 435 members of the House of Representatives disagree with you — maybe some other people, as well.

A number of NY Congressmen have run or aspired to run for Mayor of New York City. Not much traffic the other way.

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rmd 3 months ago on Wordpress

ArrowSmith: I have a right to own 10 AR-15s!

My sarcasm detector is in the shop today so I’m not entirely sure what point you’re trying to make here. Taking your statement at face value, yes you certainly do have that right. And if you’ve managed to come anywhere close to fulfilling that particular expression of your 2A rights, I am officially envious.

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ArrowSmith 3 months ago on Wordpress

Gordo: Just out of curiosity, I wonder if, now that the individual right to gun ownership is being recognized by the Supreme Court as a constitutional right, if David Kopel is opposed to registration requirements — since the argument that registration will lead to confiscation is now nothing but paranoia.

Really? That’s how Hitler/Stalin confiscated all the guns. Vigilance is key! Stop the LIEberal scumbags from taking our guns! I have a right to own 10 AR-15s! ... See all content Hide content

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Porkchop 3 months ago on Wordpress

Joe: Where does Mayor Bloomberg (NY) fit here? He has more importance than a member of the House of Representatives.

At least 435 members of the House of Representatives disagree with you — maybe some other people, as well.

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doug442 3 months, 1 week ago on Twitter

The Volokh Conspiracy » Blog Archive » Another good night for the ... http://bit.ly/26Utcw

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Second Amendment Rights and the Election - Hit & Run : Reason Magazine 3 months, 1 week ago on Wordpress

[...] At The Volokh Conspiracy, gun rights scholar and Reason contributor David Kopel explains why yesterday was a good day for gun rights: [...]

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DonP. 3 months, 1 week ago on Wordpress

zuch: Prof. Kopel:

Yes.We need gun shows selling lethal weapons like so much attic and cellar detritus.Old vases don’t kill people.The people who throw them do.Cheers,

Do you wake up every morning in a cold sweat because the law abiding in your area are carrying “lethal weapons” and you don’t know who has a gun and who doesn’t? (Unless you live in Illinois or Wisconsin of course — then you can be comforted that only the criminals have them)

There aren’t separate rules for gun shows about the sale of a gun. The same rules that apply in your living room or a 7/11 parking lot apply there too. Or do you feel that the private sale of any item falls under interstate commerce?

My personal opinion is that criminals probably never buy guns or ammo at gun shows anyway, the prices are just too damn high. ... See all content Hide content

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LarryA 3 months, 1 week ago on Wordpress

J. Aldridge: I think pro-Second Amendment twisters is a more accurate term than “pro-Second Amendment majority.”

When the 111th Congress convened January 6 the Brady folks and the Violence Policy Center shifted into high gear, dancing in the aisles at the thought of large Democratic majorities in both houses and a Democratic gun-control-voting president. They forecast quick passage of HR 45 , a new, permanent, more draconian “assault weapons” ban. They anticipated Congress would use that victory to go beyond closing the “gun show loophole” and regulate all private transfers. Once the NRA was crushed they would spring into action and enact some “real” gun control.

Now it’s November. HR 45 is dead in committee and loophole legislation has yet to break the horizon. Instead there have been three pro-gun amendments advanced; D.C. gun rights, firearms in national parks, and national reciprocity. The first was stopped only by withdrawing the D.C. representation bill (a clear case of cutting off your nose to spite your face), the second passed and will be implemented February 22, and the third was within two votes of a filibuster-proof 60 ayes. Each enjoyed majority support in both houses, mainly because in 2009 a third of the Democrats are voting pro-gun.

Sounds like a majority to me.

Joe: Where does Mayor Bloomberg (NY) fit here?

Actually it’s “Mayor Bloomberg (NYC)” but he forgets that as well. A couple of his pet mayors got unelected during the primaries, and at least two of the governors mentioned above owe part of their defeat to supporting his anti-gun MAIG.

As for NYC, once the Second Amendment is incorporated by the (fingers crossed) Chicago lawsuit, the blatantly discriminatory results of NYC gun registration could make that process low-hanging fruit. ... See all content Hide content

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SeaDrive 3 months, 1 week ago on Wordpress

NY-23: Winning Democrat Bill Owens was A-rated by NRA (as was Hoffman).

Same as Kirsten Gillibrand?

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Good Night for the Second Amendment | Snowflakes in Hell 3 months, 1 week ago on Wordpress

[...] Another good night for the Second Amendment, according to Dave Kopel. This is considering higher profile races, where we did indeed succeed. Bitter is currently researching, and will be posting later, how MAIG mayors faired in the elections. NRA did not get involved in mayoral races in Pennsylvania, but by now gun owners are aware, and while we got rid of a lot of MAIG mayors, not all of them we got rid of in head-to-head races. I will let Bitter give you the more informed view of our ongoing battle against MAIG. [...] ... See all content Hide content

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Joe 3 months, 1 week ago on Wordpress

Where does Mayor Bloomberg (NY) fit here? He has more importance than a member of the House of Representatives.

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Kevin P. 3 months, 1 week ago on Wordpress

Grumpy this morning, Zuch?

Go to the range and shoot a few rounds — it will improve your mood.

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GetWeapons 3 months, 1 week ago on Twitter

The Volokh Conspiracy » Blog Archive » Another good night for the ... http://bit.ly/dkwC4

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Orin Kerr 3 months, 1 week ago on Wordpress

Thanks for that, Matthew. ;-)

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LN 3 months, 1 week ago on Wordpress

Thank God left-wing radical Scozzafava (NRA rating: A) was kicked out of the NY-23 race! That election was truly a godsend for the Second Amendment.

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Matthew 3 months, 1 week ago on Wordpress

Obviously.

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