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=246&issue=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."

-- 

Charles Curley  /"\ASCII Ribbon Campaign
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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=246&issue=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).
> 
> --
> Escape the Rat Race for Peace, Quiet, and Miles of Desert 
Beauty
>   Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
>   http://libertyhavenranch.com
> 
> 
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> 
> 

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

2008-01-08 Thread C. D. Tavares

On Jan 8, 2008, at 11:39 AM, [EMAIL PROTECTED] wrote:

> 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.

There are so many proposed, it is like naming grains of sand.  For  
starters:

Banning all ammunition.
1,000% tax on all ammunition (Sen. Moynihan).
Banning all handguns (Sen. Chaffee, Rep. Major Owens).
Banning a gun on the basis of cosmetic features as "more dangerous"  
than a functionally equivalent unbanned gun (Sen. Feinstein).
Allowing municipalities to bans types of guns that are legal  
elsewhere in their states, or to ban gun possession likewise (Mayor  
Daley).
Laws making it a crime to give or sell a firearm to a qualified  
resident of another state (GCA of 1968).
Laws that create a registry of gun owners that could be used to  
confiscate firearms (Brady Bill records retention issue)
Edicts from local law enforcement that suddenly and capriciously  
outlaw all legal gun possession (as happened after Katrina).

Those are just off the top of my head.  For a good history of how the  
NRA, once a sportsmen's association sympathetic to gun control, got  
forged into an opposition political force practically against their  
will, read "Gun Control" by Robert Kukla.  Many more examples of  
answers to your questions will be found there.
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
  Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
  http://libertyhavenranch.com


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

2008-01-08 Thread C. D. Tavares

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).

--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
  Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
  http://libertyhavenranch.com


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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 Joseph E. Olson
Everyone does.  For example, Don Kates does in his groundbreaking 1986 Michigan 
Law Review article.  http://www.guncite.com/journals/kmich.html 
 
 
Professor Joseph Olson, J.D., LL.M.o-  651-523-2142  
Hamline University School of Law (MS-D2037) f-   651-523-2236
St. Paul, MN  55113-1235  c-  612-865-7956
[EMAIL PROTECTED]   

>>> <[EMAIL PROTECTED]> 01/08/08 7:40 AM >>>

Can anyone help me find a pro-Second Amendment source which states and 
defends some regulations of gun ownership?  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/



Start the year off right. Easy ways to stay in shape ( 
http://body.aol.com/fitness/winter-exercise?NCID=aolcmp0030002489 ) in the 
new year. 
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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-08 Thread RJLipkin
Can anyone help me  find a pro-Second Amendment source which states and 
defends some  regulations of gun ownership?  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/) 



**Start the year off right.  Easy ways to stay in shape. 
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Re: Is there a compendium of English and Colonial gun control laws out there?

2008-01-07 Thread PROTELL
Some of the disarming, militia, and game laws of England are covered in my  
That Every Man Be Armed, chapter 2.  My book A Right to Bear  Arms includes the 
prominent firearm laws of each colony/state, including  militia, slave code, 
and a few gunpowder storage or other regulations.  
 
Steve
 

Stephen P.  Halbrook
Attorney at Law
10560 Main St., Suite 404
Fairfax, VA  22030
Tel. (703) 352-7276
Fax (703) 359-0938
Email:  [EMAIL PROTECTED]
Website: www.stephenhalbrook.com

 
In a message dated 1/7/2008 6:09:35 P.M. Eastern Standard Time,  
[EMAIL PROTECTED] writes:

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 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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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 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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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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