Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-08 Thread RJLipkin
I realize my  question ultimately depends on a plausible explication of 
pro-Second  Amendment. Unfortunately, I'm not able to do that. So let's just 
use 
the  NRA as an example.  My second question is which proposed (or actual) gun  
regulations does the NRA oppose. Again, thanks in  advance.

Bobby

Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware

Ratio Juris
,  Contributor: _  http://ratiojuris.blogspot.com/_ 
(http://ratiojuris.blogspot.com/) 
Essentially Contested  America, Editor-In-Chief 
_http://www.essentiallycontestedamerica.org/_ 
(http://www.essentiallycontestedamerica.org/) 



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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-08 Thread Philip F. Lee
Recently, the NRA supported HR2640, the so-call NICS improvement 
measure, and CBS News (NRA, Democrats Team Up To Pass Gun Bill, 
WASHINGTON, June 13, 2007) and the Wall Street Journal (Uncommon 
Harmony: Democrats and NRA Push for Gun Bill, David Rogers, June 13, 
2007) gave them credit for doing so.  The NRA web page 
http://www.nraila.org/Issues/Articles/Read.aspx?id=246issue=018 also 
shows this support.

Previously, the NRA supported the Brady bill and was instrumental in 
supporting instant check which effectively saved the Brady 
background check.  This instant check was opposed by the Brady 
organization, but without it, the background checking provisions using 
local police but not paying them to perform the checks was held 
unconstitutional by the USSC.  Without the instant check provisions, 
there the Brady bill might have been rendered impotent.

There are many other cases of pro-RKBA activists questioning whether 
the NRA is a supporter of the Second Amendment -- in one case, the NRA 
attempted to torpedo the DC v Heller law suit in early stages; in 
another Dr. Sarah Thompson(a well-known RKBA activist) wrote Not 
Rational Anymore 
http://www.shmoo.com/mail/cypherpunks/may00/msg00103.shtml
to show her dislike of NRA activities.

I think it isn't reasonable to try to use the NRA as exemplar of a pro-
Second Amendment organization.  I would class them as a pro-right of a 
some citizens to own and use some firearms group with the some 
citizens and some firearms defined to be as wide as possible as 
political conditions permit.

Phil


 
 On Jan 8, 2008, at 6:40 AM, [EMAIL PROTECTED] wrote:
 
  Can anyone help me  find a pro-Second Amendment source which 
states  
  and
  defends some  regulations of gun ownership?  Thanks in  advance.
 
 The answer to this question largely depends on how the answerer  
 defines pro-Second Amendment.  For example, the American Hunters  
 and Shooters Association calls itself pro-Second Amendment, but 
you  
 will look long and hard before you find any gun control law or  
 regulation which they actually oppose.
 
 In terms of public perception, the NRA holds street cred as being  
 pro-Second Amendment.  You can look at their website, where they  
 are on record as supporting (among other things):
 
 The national background check for firearms purchasers
 The ban on firearms ownership for convicted felons
 The federal Gun-Free School Zones law
 The recently passed NICS Improvement Act (dubbed the Veterans  
 Disarmament Act by other pro-2A organizations).
 
 --
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at him as soon as you can. Strike at him as hard as you can and as
often as you can, and keep moving on.
 -- Ulysses S. Grant
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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-08 Thread Charles Curley
On Tue, Jan 08, 2008 at 02:23:13PM -0500, Philip F. Lee wrote:
 Recently, the NRA supported HR2640, the so-call NICS improvement 
 measure, and CBS News (NRA, Democrats Team Up To Pass Gun Bill, 
 WASHINGTON, June 13, 2007) and the Wall Street Journal (Uncommon 
 Harmony: Democrats and NRA Push for Gun Bill, David Rogers, June 13, 
 2007) gave them credit for doing so.  The NRA web page 
 http://www.nraila.org/Issues/Articles/Read.aspx?id=246issue=018 also 
 shows this support.
 
 Previously, the NRA supported the Brady bill and was instrumental in 
 supporting instant check which effectively saved the Brady 
 background check.

Ah, yes. The five day instant registration scheme.

Yes, I know the statute says they aren't to keep records of
approvals. Right. And what computer operator has ever been fired for
being overzealous in backup administration?

 This instant check was opposed by the Brady organization, but
 without it, the background checking provisions using local police
 but not paying them to perform the checks was held unconstitutional
 by the USSC.  Without the instant check provisions, there the Brady
 bill might have been rendered impotent.
 
 There are many other cases of pro-RKBA activists questioning whether 
 the NRA is a supporter of the Second Amendment -- in one case, the NRA 
 attempted to torpedo the DC v Heller law suit in early stages; in 
 another Dr. Sarah Thompson(a well-known RKBA activist) wrote Not 
 Rational Anymore 
 http://www.shmoo.com/mail/cypherpunks/may00/msg00103.shtml
 to show her dislike of NRA activities.

Let's see, teaming up with Brady folks to pass a law in PA that
allowed the cops to confiscate firearms under certain conditions. In a
delicious irony, the first victim was an NRA member.

 
 I think it isn't reasonable to try to use the NRA as exemplar of a pro-
 Second Amendment organization.  I would class them as a pro-right of a 

I would say, pro-privilege, not pro-right.

Gun Owners of America and Jews for the Preservation of Firearms
Ownership come to mind as pro-right organizations.

 some citizens to own and use some firearms group with the some 
 citizens and some firearms defined to be as wide as possible as 
 political conditions permit.

Also, as far as I know, the NRA has so far avoided mentioning Ron
Paul's presidential campaign in its literature, though I would be glad
of any correction on this point. They finally mentioned Libertarians
when they had to deal with the fact of four sitting Libertarians in
the New Hampshire legislature a few years ago.

 
 -- 
 The Art of war is simple enough. Find out where your enemy is. Get
 at him as soon as you can. Strike at him as hard as you can and as
 often as you can, and keep moving on.
  -- Ulysses S. Grant

Or, as Patton put it, Grab him by the nose and kick him in the
pants.

-- 

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Is there a compendium of English and Colonial gun control laws out there?

2008-01-07 Thread Volokh, Eugene
Is there a compendium of English and Colonial gun control laws
out there?  I know Bellesiles claimed to have been researching this, and
my sense is Prof. Churchill has looked at some, too, but I'm wondering
if there's some place out there where they're well organized.  Thanks,

Eugene
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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-07 Thread Jon Roland
Joyce Malcolm has done the most work on the English side, but it is more 
selective than comprehensive, although there apparently also wasn't much 
legislation beyond what is in her book. On the U.S. side the closest are 
the books by James Whisker, which we have online at 
http://www.constitution.org/jw/jbwhisker.htm . But the statutes are 
scattered through the books rather than gathered together and just listed.

-- Jon


Constitution Society  7793 Burnet Road #37, Austin, TX 78757
512/299-5001   www.constitution.org  [EMAIL PROTECTED]


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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-07 Thread Jon Roland
It should be noted that what we today call gun control laws were rare, 
and almost all directed at disarming disfavored minorities, like 
Catholics (in England), or Blacks or Native Americans (in the colonies 
and early republic). About the first U.S. laws to restrict white males 
were the restrictions on concealed carry in the 1830s. After the War of 
Secession gun control laws appeared that seemed to apply to everyone but 
with the understanding among law enforcement professionals and almost 
everyone that they were only actually to be  applied to disfavored 
minorities, which began to include union organizers and certain 
immigrant groups. I recall that in the 1950s when I was young they were 
just not enforced against white native-born citizens who were not union 
organizers or civil rights activists, and everyone understood that. It 
was when they began to be enforced against non-activist native-born 
whites that the gun rights movement emerged as we know it today.

-- Jon


Constitution Society  7793 Burnet Road #37, Austin, TX 78757
512/299-5001   www.constitution.org  [EMAIL PROTECTED]


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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-07 Thread Joe Waldron
Jon Roland wrote:
 Joyce Malcolm has done the most work on the English side, but it is more 
 selective than comprehensive, although there apparently also wasn't much 
 legislation beyond what is in her book. On the U.S. side the closest are 
 the books by James Whisker, which we have online at 
 http://www.constitution.org/jw/jbwhisker.htm . But the statutes are 
 scattered through the books rather than gathered together and just listed.

 -



Clayton Cramer.  Along with Joyce Malcolm, he's the expert. 

JW

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