6/11/2005
Only 18% OF CANADA's REGISTERED HANDGUN OWNERS WITH A VALID FIREARMS LICENCE
Besides the extreme costs and the fact that the system has not actually been useful for solving any crimes, there is a new problem:
From the Parliamentary Offices of Gary BREITKREUZ:As of 2005-05-10 there were 311,388 owners in the previous Restricted Weapons Registration System (RWRS) that owned 443,916 firearms in this same database. Based on an automated query comparing owner information in the RWRS with licensed owner information in the Canadian Firearms Information System (CFIS), we can confirm that in matching the surname, 1st given name, 2nd given name and date of birth, we have found 54,986 exact matches (individuals from the RWRS that have a licence in the CFIS). Client information cannot be matched on the remainder of the individuals at this time.
From the Parliamentary Offices of Gary BREITKREUZ:
New York Attorney General Eliot Spitzer and "Prosecution by press release" and leaks
From the WSJ: Mr. Sihpol is the exception to the usual Spitzer rule of using strong-arm tactics to coerce settlements out of business. The Attorney General has become famous for assailing a business practice that is either controversial or legally ambiguous, and then using leaks via the media and the threat of indictment or the destruction of an entire company to force his targets to surrender. . . .
Corporations are all too willing to settle with prosecutors, because their reputational risk from going to trial is greater than paying a fine and giving Mr. Spitzer his "victory." We've seen this with the big Wall Street investment banks and more recently Marsh & McLennan. In this case, Edward Stern, the former head of Canary Capital and a member of one of America's wealthiest families, paid a $40 million settlement to make Mr. Spitzer go away. . . .
However, Mr. Sihpol had his freedom to lose. In addition to fighting Mr. Spitzer, he had to sue his former employer, Bank of America, to pay his legal fees. (According to his lawsuit, the bank sought to check with Mr. Spitzer before it originally decided not to pay.) One lesson here is that juries, forced to make a decision about a defendant's fate, want to make sure that the alleged behavior is in fact criminal. Prosecution by press release won't do in court.
The WSJ gets this exactly right. Eliot Spitzer is one of the most abusive prosecutors around. Prosecutors have absolutely enormous power and Spitzer has a dangerous combination of seemingly willing to do anything to accomplish his goal as well as having almost no limit on the goals that he feels are desirable.
Corporations are all too willing to settle with prosecutors, because their reputational risk from going to trial is greater than paying a fine and giving Mr. Spitzer his "victory." We've seen this with the big Wall Street investment banks and more recently Marsh & McLennan. In this case, Edward Stern, the former head of Canary Capital and a member of one of America's wealthiest families, paid a $40 million settlement to make Mr. Spitzer go away. . . .
However, Mr. Sihpol had his freedom to lose. In addition to fighting Mr. Spitzer, he had to sue his former employer, Bank of America, to pay his legal fees. (According to his lawsuit, the bank sought to check with Mr. Spitzer before it originally decided not to pay.) One lesson here is that juries, forced to make a decision about a defendant's fate, want to make sure that the alleged behavior is in fact criminal. Prosecution by press release won't do in court.
The WSJ gets this exactly right. Eliot Spitzer is one of the most abusive prosecutors around. Prosecutors have absolutely enormous power and Spitzer has a dangerous combination of seemingly willing to do anything to accomplish his goal as well as having almost no limit on the goals that he feels are desirable.
6/10/2005
6/09/2005
"Crushing Defeat" for New York State Attorney General Eliot Spitzer
New York State Attorney General Eliot Spitzer has used the threat of prosecution to force firms and people to do what he wanted. While it was personally financially costly, someone finally decided to fight back and, as the article says, crushed Spitzer:
New York State Attorney General Eliot Spitzer may just have discovered that his favorite weapon against corporate fraud has lost its razor-sharp edge.
Spitzer, who has presented himself as a corporate reform crusader as he prepares to run for governor next year, got hit with a crushing defeat in a Manhattan state court today. A jury exonerated former Bank of America broker Theodore Sihpol on 29 counts of larceny and securities fraud. He had been accused of helping a hedge fund do improper late trades in the bank's Nations Funds.
Spitzer, who has presented himself as a corporate reform crusader as he prepares to run for governor next year, got hit with a crushing defeat in a Manhattan state court today. A jury exonerated former Bank of America broker Theodore Sihpol on 29 counts of larceny and securities fraud. He had been accused of helping a hedge fund do improper late trades in the bank's Nations Funds.
Homicides and other violent crimes fall in 2004 despite elimination of so-called Assault Weapon Ban
Nine months after the Clinton-era "assault weapons ban" expired, the FBI has released crime statistics showing a drop in homicides in 2004 -- the first such drop since 1999. The FBI report said all types of violent crime declined last year, and cities with more than a million people showed the largest drops in violent crime.
The FBI data can be seen here.
6/08/2005
More Defensive Gun Uses
Spokane County, Washington She toldl deputies the man exhibited a violent temper, and she decided two or three days ago to end the relationship. She told the man they were breaking up and that he had to move out of her home. Afterward, the man made several trips to the home to collect his property and items he had given the woman as gifts. He arrived at the house on Saturday afternoon, but she told him she didn't want him in the house that day. Despite her protests, she said, the man entered the nome. She retrieved the pistol for protection and the shooting occurred in the home's kitchen. Only one shot was fired, she said.
Wichita, KansasThe Rev. Steven Moler helps capture an intruder who had made himself quite at home. . . . But Sunday he came home to find his wife hysterical, someone shouting, "He's got a gun!" and a burglar wearing Moler's own sweatpants, moving in and out of the house stealing rifles. Moler kicked into protection mode: He grabbed a pistol from his safe and confronted the wild-eyed 26-year-old in the front yard. "He was jumping around, acting like he was kickboxing," Moler said. "I walked out and went straight to him. I said: 'Get on the ground. Now. Get on your face. Now.' "
Wichita, Kansas
6/07/2005
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.
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.
6/06/2005
Florida's no obligation to retreat law generating hysterical fears
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.
• 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.