The end of States?

Jonathan Adler on yesterday's Supreme Court decision in Raich:

Under Raich, it is easier for Congress completely to displace state power with a comprehensive and intrusive regulatory regime than with narrow legislation focused on a discrete and limited issue of particular federal concern. As Justice O’Connor noted in her dissent, the Court “suggests that the federal regulation of local activity is immune to commerce clause challenge because Congress chose to act with an ambitious, all-encompassing statute, rather than piecemeal.” So long as Congress could rationally conclude that the control of a noncommercial, intrastate activity is “essential” to a broader regulatory scheme, a majority of the Court appears ready to go along. This not only gives Congress the incentive to adopt more ambitious legislation, it also severely constrains any meaningful judicial check on federal power under the commerce clause.

As Sonya pointed out to me, it is troubling that people keep on referring to this case as the medical marijuana case when the central issue is really the limits of federal regulation. People seem to care more about the result than how it was obtained.

Major new gun control bills look likely to pass in California

Those two bills include SB 357, which would require that all handgun ammunition bought and sold in California have serial numbers engraved on it.

According to the California Million Mom March, "When someone buys a box of bullets, the bar code and the buyers' identification will be entered into a state Justice Department database. Serialized bullets recovered at crime scenes will help police track the ammunition."

SB 357, sponsored by Attorney General Bill Lockyer, passed the California Senate last week on a 21-14 vote and now moves to the Assembly.

A second bill, AB 352, would require all new semiautomatic handguns sold in California after 2007 to be equipped with a "micro-stamping" system.

When the gun is fired, the bullet casing would be automatically inscribed with the firearm's serial number. The data on the gun also would be stored in an existing state Justice Department database

AB 352 passed the Assembly on a 41-38 vote and now goes to the Senate.

Florida's no obligation to retreat law generating hysterical fears

"We created a monster," said Mark Lipinski. "It's a horrible law. It's simply going to embolden people to carry guns. You are giving people license to use their guns in situations that are going to get them in trouble."

My prediction is just as the fears over right-to-carry laws generally have never been born out, these fears will also prove to be unfounded. This type of law is already in effect in other places and has not caused any problems there. I noted this to the reporter who did this story. He did not discuss that point, but it seems the fastest way to shut down these hypothetical fears.

Concealed-carry license statistics

• Number of Florida permits in issuance as of April 30: 342,743. . . .

• Since Oct.1, 1987, 1,028,541 licenses have been issued.

• Since Oct. 1, 1987, 2,782 licenses have been revoked from holders who committed a crime. The licensed firearm was used in 155 of those cases.

• Roughly one-third of permit holders are males between the ages of 36 and 50.

• 86 percent of all permit holders are males.

My only note is that it would be nice to mention that the 155 firearms violation cases do not mean that the gun was "used." For example, most of those apparently involved accidentally carry a gun into a restricted area.

Some defensive gun uses from last week

CONNEAUT, Ohio Two teens, captured by a gun-toting Broad Street resident early Saturday morning, probably played a role in the rash of burglaries plaguing the city during recent weeks, said Police Chief Jon Arcaro. “No doubt, they were behind some of the thefts, but there are others involved, too,” he said. “There’s another group (of thieves) out there, working independently (of the arrested teens).”

A 69-year-old man, alerted by a barking dog and a neighbor’s frantic telephone call, got the drop on the young thieves around 5:22 a.m., police said. Armed with a pistol, the resident caught the suspects — ages 16 and 17 — in his garage, officers said. The youths immediately surrendered, and police found them sprawled on the garage floor, guarded by the homeowner, officers said. The teens were taken to the youth detention center in Ashtabula Township, police said.

Cincinnati, Ohio When Ohio's law allowing residents to carry a concealed weapon went into effect last year, a number of people rushed to get permits so they could legally carry a firearm. The right to do that may have saved a man in Westwood early Wednesday morning. Cincinnati Police say he opened fire on three men who shot him after trying to rob him outside his girlfriend's home. Local 12 Reporter Larry Davis explains what went down.

Ola Burton, Aided Gunshot Victim: "He said they tried to rob me, they tried to rob me, but I shot one of them, too."

Beaumont, Texas A 63-year-old Beaumont man fired 2 gunshots through his bedroom window early Thursday morning to fend off a burglar. James Hodges says he pulled the .25 caliber pistol from his bedside table when he heard someone break his window then put their arm through it, holding a flashlight.

Dayton, Ohio A Dayton man fought back against two suspects who police said were trying to rob him early Friday morning. The incident happened around 1 a.m. at the intersection of Catalpa and Riverview. Police said the victim opened fire, hitting one of the suspects multiple times. Investigators said the victim was walking down the street when, he said, someone came up behind him and pushed him. He said when he turned around, there were two men standing there who demanded his money with a gun. The victim told police that he pulled out his .40-caliber handgun and fired off close to 10 rounds, striking one of the men. Officers said the men ran off, but were later found at Good Samaritan Hospital.

Durham, NC A grand jury ruled that the owner of a body shop acted in self-defense when he shot and killed another man in the Main Street business in March.

Belleville, MO. According to the account given to investigators, a woman went into the home after Endsley started shooting, got a handgun and shot him.

Savannah, SC Gunfire filled a westside Savannah clothing store Tuesday afternoon as the cashier fired back during what appeared to be an attempted armed robbery, police said. Just before 1 p.m., three black males walked into Top of the Line Fashions and Accessories at 2903 W. Bay St., Savannah-Chatham Metropolitan Police spokesman Bucky Burnsed said. The men ordered the cashier to the ground and stole his wallet, according to Joseph W. Woods, who owns Lil Chick at 2901 W. Bay St. The suspects then started filling bags with clothing and other items, Woods said. The cashier got up and one of the robbers started shooting, Woods said. Then the cashier fired back. "The attendant shot back in self defense," Woods said.

ALBUQUERQUE, New Mexico Police have released the identity of a man who officers say was killed during a dispute with his wife at their home on Albuquerque's west side. Albuquerque police officer Trish Hoffman says Frank Cervantes, 37, fired gunshots at the back door of the family home as he tried to enter it Wednesday night. Hoffman also said Cervantes fired shots at his wife, who called police. He said when officers arrived at the home, they found Cervantes dead and his wife and their three children inside. The woman and children were not injured.
Hoffman says no charges have been filed against Cervantes' wife; police called her actions "justifiable."

Cape Coral, Florida "He said the magic words, words to the effect the guy was coming around again, trying to run somebody over," said felony Supervisor Scott Cupp with the state attorney's office, which will be reviewing the case.

"Then, arguably, he could be justified. Obviously we don't want people whipping out guns in public ... but in isolated situations where somebody is having their life threatened — an immediate threat — the law recognizes the ability to then defend yourself or others. It will be looked into."

I want to thank Nicki for providing me with all these cases.

Self Defense in Ohio, another permitted concealed handgun prevents an attack

Dayton, Ohio (June 3, 2005): Two men carrying guns approached a 40-year-old man at Riverview Avenue and Catalpa Drive early Friday. Their victim bent over with outstretched hands.

Then things changed swiftly.

The targeted man pulled out a Glock 23 handgun — he has a concealed-carry permit — and fired several shots, hitting one of the gunmen, police said.

Police were dispatched to the 2000 block of West Riverview at about 12:45 a.m. on numerous calls about a shooting.

Police found the 40-year-old male victim at his Dayton residence. He told them that he was walking west on Riverview when he was approached by two males in dark clothing coming from Catalpa. One shoved the victim, the victim turned around and both men in dark clothes flashed handguns, police said.

The victim then "began to back away in a bent-over position with his hands outstretched," according to a police report. Then he pulled out a Glock 23, a .40-caliber handgun, striking one gunman several times, police said.

The two ran off, but police said they caught up with possible suspects at Good Samaritan Hospital.

The victim has both a Dayton Firearms Owner's Identification Card and Montgomery County Concealed Carry Card, police said.

Thanks very much to Jason Morin for alerting me to this.

New Gun Ban Legislation in New York

My new op-ed in the NY Post is out and it is entitled: "GUN BANNERS WHO CAN'T SHOOT STRAIGHT."

A view on the Judicial confirmation process

I forgot to post this op-ed that I had a couple of weeks ago. It was in Investors' Business Daily and entitled: "A bias against the best and brightest."

Why suits against gun companies should be reined in

Why should this suit have even been brought or allowed in the first place? Just to get rid of a particular type of gun? No notion on the part of plaintiffs that inexpensive guns allow poor people who are potential victims of crime to protect themselves.

An appeals court Wednesday dashed a widow's hope of punishing the gun industry for a so-called Saturday night special handgun used to kill a popular Lake Worth Middle School teacher.

Florida's civil negligence laws do not support a 2003 jury verdict that found the distributor of the cheap.25-caliber gun partially liable for the death of teacher Barry Grunow, the 4th District Court of Appeal said Wednesday. . . .

"It's just a damn shame," said Grunow's attorney, Bob Montgomery. "We went into this with the idea of taking on the Saturday night specials. We were trying to right wrongs."

Montgomery said he won't ask the appeals court for a rehearing but that he may appeal to the Florida Supreme Court.

Attorneys for the gun distributor, the Valor Corp. of Sunrise, said Wednesday's ruling makes it clear that manufacturers or distributors of non-defective products cannot be held liable for their misuse.

"We still feel very badly for Mrs. Grunow," said West Palm Beach attorney Tom Warner, who argued the appeal for Valor, "but the point is that if the product is not defective or unreasonably dangerous, then manufacturers and distributors should not be liable for someone criminally misusing a product some 12 years after it was sold, as it was in this case."

Concealed gun case goes to Wisconsin Supreme Court

The (WI) state Supreme Court today was asked whether the right to have a concealed weapon should be interpreted liberally or narrowly.

In referring a gun case to the high court for clarification, the 4th District Court of Appeals cited two decisions in 2003 on concealed weapons. In those decisions, the state Supreme Court ruled against a motorist with a concealed weapon in his car but cleared a grocer who had a gun under his store counter. It cited the grocer's security interest.

In the grocer's case the high court said requiring the shop keeper to openly display the weapon "fails the litmus test of common sense."

"We believe clarification is needed as it relates to the availability of 'security interest' justification when a person is away from that person's home or business," the appeals court said in sending the latest matter to the state Supreme Court.

The case at issue involves a tavern owner who kept a loaded revolver in the car in which he took thousands of dollars home after closing and the next day took the money to the bank.

One night the tavern owner's car was stolen, and he warned police there was a loaded gun in the car. They issued him a citation for the loaded gun. State law requires that firearms being transported in vehicles be unloaded.

During a pretrial hearing the tavern owner cited robberies near his tavern. Keeping the gun out of sight made sense, he testified, because if it were openly displayed someone would break in and take it.

John Fund on Knife control in the UK

From John Fund's Political Diary at OpinionJournal:

Opponents of gun control have long argued that once guns are banned or severely restricted, governments will next move to control other weapons. That seems to be the case in Britain, where Tony Blair has used the issue to placate leftists. Last year, the national government pushed through a law banning the sale of so-called "assault knives" and machetes -- despite persuasive evidence that the vast majority of stabbings are done with kitchen knives. Sure enough, a group of prominent doctors writing in the British Medical Journal soon demanded that long-bladed kitchen knives also be added to the list of banned weapons. In their article, the good doctors assured readers they had consulted with ten noted chefs, most of whom agreed that shorter knives could be just as effective in preparing food. . . .

Even most physicians were appalled [by the proposal], with one joking about the inevitable black market that would develop for kitchen cutlery: "Psst... I have a fine carving knife here under the store counter and it's only 50 pounds. Just don't tell anyone where you found it."

No one expects further moves in the direction of knife control in Britain in the immediate future, but the direction is clear. Soon there will undoubtedly be a call to register and strictly control cricket bats too.

More on the Failure of Canada's Gun Registry

Lorne Gunter goes through the numbers that show that using the government's own numbers, Canada's gun registry could not possibly have registered most guns in the country. The numbers indicate that even assuming that all guns in Canada had been imported, the government couldn't even have all the guns that were imported into Canada registered. It is an interesting article. On top of all that the list doesn't even work properly for the guns that were registered and these numbers don't count and smuggled guns.

A thought on Mark Felt and Watergate

While leaks can be well intentioned, it concerns me that Mark Felt committed what I regard as a serious crime -- the leaking of information from a criminal investigation. It is pretty scary to think that criminal investigators are willing to do this, even if some of the people that they do this to are really bad guys. I don't think that I want some law enforcement person making decisions like this which can destroy a person's life. The fact that Felt wanted to do it because he disliked Nixon and that he wanted to protect his agency doesn't make me feel any better. The right way to deal with these concerns is to go to Congress, not the media, and presumably he would have gotten a sympathetic ear in Congress with the Democrats in control.

Mr. Woodward writes that Mr. Felt, who "had nothing but contempt for the Nixon White House" and its efforts to manipulate the F.B.I. for political purposes, believed he was protecting his agency "by finding a way, clandestine as it was, to push some of the information from the F.B.I. interviews and files out to the public."

and

"There is little doubt that Felt thought of the Nixon team as Nazis," Woodward wrote. "He had nothing but contempt for the Nixon White House and their efforts to manipulate the bureau for political reasons."

Of course, with Lydon Johnson doing name checks on Barry Goldwater's senate staff, one doesn't have to go back very far to find the FBI being used for political reasons. Both Nixon and the others were wrong, but allowing a lone FBI agent to selectively make these political decisions is dangerous. An FBI agent going public about being ordered to commit a crime (Johnson's case) is actually quite justifiable, as opposed to an FBI agent going public in a criminal investigation (Nixon's case).

UPDATE: Rush Limbaugh pointed out today that Lyndon Johnson ordered the bugging of Barry Goldwater's presidential campaign plane in 1964.

One of the bigger changes in Right-to-carry laws over the last couple of years has been the drop in number of hours required for training

Arizona. which had the longest training requirement for permit holders, has cut its training requirement in half to eight hours. Texas has now also exempted certain people from even having to get training. On top of this, Alaska, which had also had one of the three longest training requirements, just recently entirely eliminated the training necessary to get a permit.

The research in More Guns, Less Crime indicates that the main effect of longer training periods has been to reduce the number of people with permits. States with longer training periods have had smaller drops in violent crime rates as a result of fewer people being able to defend themselves and deter attackers. I know of no evidence that increased training is associated with reductions in accidental gun deaths. The only benefit is that increased training is associated with a somewhat larger reduction in multiple victim public shootings. However, since this is such a small share of total murders and since the effect of more training is associated fewer permits and more murders, the net effect of longer training requirements is increased crime even in this case.

Chandler, Arizona now allows toy guns to be carried in public

People who carry toy guns that look real won't be breaking the law here anymore.

The City Council rewrote a municipal weapons ordinance that used to make it a misdemeanor to carry a loaded air gun, BB gun or paint-ball gun in a public place even though it is legal to carry real guns under state law.

The council made it legal to carry the less-lethal weapons but not fire them or display them in a threatening manner on public property. It's still legal to use them on private property.

The law came under fire from parents who said the toys aren't dangerous and the restrictions were too harsh.

I would like to thank Jim Henry for alerting me to this story.