Re: Firearmsregprof Digest, Vol 146, Issue 4

2017-04-25 Thread C D Tavares
> On Apr 24, 2017, at 2:13 PM, Paul Laska wrote: > > Guy, > At the time I retired, 2002, I handled gun cases for my agency. In Florida, > as FDLE runs the backgrounds, rejects are reported to it. They then share the > info with local ATF, and the two agencies investigate in cooperation with th

Knock but no knock

2017-03-22 Thread C D Tavares
David Codrea discusses the tunnel-vision/hearing implications of an adrenaline dump , along with fine-motor loss and time dilation. He mentions that these effects have been recognized by the courts when they occur to police under ass

Re: Guns in Intimate Partner Violence: Comparing Incidents by Type of Weapon

2017-03-22 Thread C D Tavares
> On Mar 22, 2017, at 7:01 PM, Henry Schaffer wrote: > > It is puzzling - in the Abstract it says, "Most incidents were > male-on-female: 63.4% (no weapon), 77.4% (bodily weapon), 50.2% (nongun > external weapon), and 79.5% (gun)." ??? How do those %ages make sense? A poorly crafted sentence

Re: banning "assault weapons"

2017-02-22 Thread C D Tavares
Why, it's as if none of these jurists have ever heard of Miller v. US. :-p > On Feb 22, 2017, at 11:42 AM, Henry Schaffer wrote: > > http://www.ca4.uscourts.gov/Opinions/Published/141945A.P.pdf > > > (haven't read this 116 page it

Re: Another study considers gun violence as a public health issue

2017-01-06 Thread C D Tavares
> On Jan 6, 2017, at 9:52 AM, g...@gunfacts.info > mailto:g...@gunfacts.info>> wrote: > Anti-gun operatives then had to make the "violence" issue their own. By > coining the phrase "gun violence" they were able to leverage the word > "violence" for their camp, and t

Re: Another study considers gun violence as a public health issue

2017-01-04 Thread C D Tavares
> On Jan 4, 2017, at 6:33 PM, Henry Schaffer wrote: > > I'd like to distinguish between using an epidemic *model* and considering > that what's being modeled is actually a disease epidemic. > After going through this article, I see no mention or advocacy of gun > control. The entire emphasis

Kick it while it's down

2016-12-31 Thread C D Tavares
Nevada activists deliver the "two punch..." > Begin forwarded message: > Nevada’s new law expanding firearm background checks to private-party sales > and transfers is facing another challenge: a lawsuit contending that it > violates of the state Constitution > > http://www.reviewjournal.c

Re: International noncompliance rates

2015-12-08 Thread C D Tavares
In the two days since I mailed this request into the list (it just showed up on my machine in the past 10 minutes), he found the collection of references he was looking for: https://reason.com/archives/2012/12/22/gun-restrictions-have-always-bred-defian/1 > On Dec 6, 2015, at 9:00 PM,

International noncompliance rates

2015-12-08 Thread C D Tavares
A colleague of mine remembers seeing a paper presenting estimates of rates of gun-ban and gun-control-law non-compliance by citizens in various countries. He's attempting to locate this paper again. Is it familiar to anyone here? -- Escape the Rat Race for Peace, Quiet, and Miles of Des

Re: Whoops, found it -- the estimate is 235,000 DGUs

2013-12-17 Thread C D Tavares
One criticism is that the gun-use questions are never asked unless the interviewee first indicates that he has "been a victim of a crime." If you have successfully AVOIDED being victimized by a criminal by employing your firearm, you are likely not to consider yourself a victim. On Dec 17, 201

Re: New approach

2013-05-08 Thread C D Tavares
On May 8, 2013, at 10:22 PM, "Volokh, Eugene" wrote: > Rather, the difference is captured in the second paragraph > below, and it has come into American law as a matter of long-standing > tradition, a backdrop against which the Constitution was enacted and should > be understo

Re: New approach

2013-05-08 Thread C D Tavares
The debate here is following the old shibboleth of confusing self-defense with vigilantism. I haven't overlooked the point that Eugene consistently couches his hypotheticals so that some law or other allows an offender to be killed at ay time, by any person. This is consistent with vigilantism

Re: New approach

2013-05-08 Thread C D Tavares
dition), and not by a > positive rights vs. negative rights distinction. > > Eugene > > From: firearmsregprof-boun...@lists.ucla.edu > [mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of C D Tavares > Sent: Wednesday, May 08, 2013 5:59 PM > To: Firearms Reg, List > Sub

Re: New approach

2013-05-08 Thread C D Tavares
The entire paper seems to hinge on a massave fallacy: Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals -- that it does not prescribe the conduct of private individ

Re: The life of a Form 4473

2013-05-07 Thread C D Tavares
On May 7, 2013, at 2:11 PM, "Guy Smith" wrote:Olson opined: “I've been told by dealers that when asked, the agents just respond "New policy" and continue scanning.” First I have heard of this (granted, no my area of study). Has any official policy been excavated from the DOJ in

Re: Interstate transactions and the Big Lies

2013-05-07 Thread C D Tavares
Speaking of Big Lies and interstate transactions (but on an entirely different issue)… Kansas Secretary of State to Eric Holder: "I do not think that Constitution means what you think it means." "“For the past 80 years, Congress has used the interstate commerce power as a conduit for asserting

Re: High, very high, rates of homicide and suicide in Black communities.

2013-03-25 Thread C D Tavares
On Mon, Mar 25, 2013 at 7:41 PM, Phil Lee wrote: 4. If you have a scientific justification for your claim that "the racial/ethnic categories serve as a proxy for socio-economic factors and nothing more", I would like to see a cite for it. It would be a useful shield against a bigotry claim.

Re: High, very high, rates of homicide and suicide in Black communities.

2013-03-25 Thread C D Tavares
Sorry for the "no-added-comment" reposting earlier today -- still getting used to my first iPhone, and accidentally sent off the reply while I was still trying to delete large blocks of the original posting. :-( On Mar 25, 2013, at 2:17 PM, GunCite wrote: > One doesn't have to run a regressio

Re: High, very high, rates of homicide and suicide in Black communities.

2013-03-25 Thread C D Tavares
On Mar 25, 2013, at 2:17 PM, GunCite wrote: > Speaking of state-level homicide, firearm prevalence, and states as > laboratories... > > Homicide numbers can be sliced and diced to one's heart's discontent by year, > state, race, age, etc., here: > http://webappa.cdc.gov/sasweb/ncipc/mortra

Re: Doctors asking patients about guns and the Miranda analogy

2013-01-20 Thread C D Tavares
That's certainly one way of looking at it. Here is another. In the eyes of the average citizen, one basic difference between the cop and the doctor is that nobody is ever going to mistake the cop for a professional that the citizen has personally hired in order to perform a service to his own

Re: Doctors asking patients about guns

2013-01-19 Thread C D Tavares
On Jan 19, 2013, at 2:45 PM, Volokh, Eugene wrote: > If the argument is simply that you don't want to answer the doctor's > questions about guns, and suspect that your doctor isn't really knowledgeable > enough about guns, I have no quarrel with that. But I understood the > argument to be tha

Re: doctor "boundaries"

2013-01-19 Thread C D Tavares
On Jan 19, 2013, at 3:00 PM, Volokh, Eugene wrote: > The question on the table is what questions doctors may ask. It doesn't take > much "authority" to ask questions -- just the same authority (flowing partly > from the First Amendment and partly from just normal liberty) for you to ask > me

Re: What is the truth?

2013-01-19 Thread C D Tavares
On Jan 19, 2013, at 1:33 PM, Henry Schaffer wrote: > On Sat, Jan 19, 2013 at 12:24 PM, Paul Laska > wrote: > >> There are various criticisms of John Lott's research, such as >> http://mediamatters.org/research/2012/12/17/who-is-gun-advocate-john-lott/191885 > > I started reading this - it is

Re: 40% of firearm sales require no background check?

2013-01-06 Thread C D Tavares
On Jan 3, 2013, at 10:51 PM, Volokh, Eugene wrote: >Interesting -- I tracked down the transcript, CBS News > Transcripts, SHOW: CBS MORNING NEWS (6:30 AM ET), April 27, 1994, WASHINGTON > DC POLICE TRACKING GUN CRIMES WITH COMPUTERS FIND A PATTERN TO VIOLENCE AND > KILLING, and

Re: 40% of firearm sales require no background check?

2012-12-29 Thread C D Tavares
On Dec 29, 2012, at 1:43 AM, C D Tavares wrote: > On Dec 28, 2012, at 7:09 PM, Joseph E. Olson wrote: > >> In an imaginary world where every charged criminal every year (1) used >> a gun for every violent crime AND (2) used a different gun for each >> crime, A COMPLET

Re: 40% of firearm sales require no background check?

2012-12-29 Thread C D Tavares
On Dec 28, 2012, at 7:09 PM, Joseph E. Olson wrote: > In an imaginary world where every charged criminal every year (1) used > a gun for every violent crime AND (2) used a different gun for each > crime, A COMPLETELY UNREALISTIC SCENARIO The last study I saw on this topic was a bit old, but pret

Re: Even on an island, gun bans can't stop criminals

2012-12-12 Thread C D Tavares
On Dec 12, 2012, at 8:58 AM, Joseph E. Olson wrote: > http://www.dailymail.co.uk/news/article-154307/Gun-crime-soars-35.html#addComment Be aware that this article is roughly ten years old. -- Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty Take a Sanity Break

Re: Mass assault in California. It won't make MSM though.

2012-09-02 Thread C D Tavares
On Sep 2, 2012, at 1:40 PM, Joseph E. Olson wrote: > http://www.nytimes.com/2012/08/30/us/california-driver-hits-11-people.html?src=recg No mens rea, plus possibly no negligence due to mechanical failure. Yet, much the same circumstances as the Westfield MA Sportsmen's Club accidental shooting

Re: Starting off with a falsehood ...

2012-06-26 Thread C D Tavares
On Jun 26, 2012, at 5:46 PM, Joseph E. Olson wrote: > "Heller, Guns, and History: The Judicial Invention of Tradition" ( > http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2081973 ) > Northeastern University Law Journal, Vol. 3, p. 175, 2011 > Washington University in St. Louis Legal Studies

Re: Paper by Yale Student

2012-06-25 Thread C D Tavares
On Jun 25, 2012, at 4:35 PM, Joseph E. Olson wrote: > So Constitutional rights follow a sine wave pattern. Up, down, up, down, up, > down, forever in motion. > Does the First Amendment do this? What about whatever amendment underlies > Roe v. Wade? Or Brown v. Board? > > Can a document BE

Re: As the British say, "Thank God he wasn't shot." Just as dead though.

2012-04-08 Thread C D Tavares
Mention of "forthcoming movie" twigged me that this news item is four years old. On Apr 7, 2012, at 9:38 PM, Joseph E. Olson wrote: > [quote] > A teenage actor due to appear in the new Harry Potter film was stabbed to > death in London yesterday after attempting to protect his younger brother

Re: new anti article

2012-03-06 Thread C D Tavares
On Mar 6, 2012, at 12:29 PM, Charles Curley wrote: > On Tue, 6 Mar 2012 11:18:15 -0800 > "Guy Smith" wrote: > >> The right of the people to keep and bear arms shall not be infringed; >> a well armed and well regulated militia being the best security of a >> free country; but no person religious

Re: new anti article

2012-03-06 Thread C D Tavares
On Mar 6, 2012, at 11:43 AM, Joseph E. Olson wrote: > "Speaking Truth to Firepower: How the First Amendment Destabilizes the > Second" ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2009125 ) > Under that approach, the language of the Second > Amendment’s preamble, which Heller all but era

Re: National Constitutions and Gun Rights

2012-02-09 Thread C D Tavares
On Feb 8, 2012, at 3:07 PM, Raymond Kessler wrote: > It appears that individual gun rights are increasing being sacrificed to > government power. It is disturbing to see how few governments trust their > own people. Unless one has been keeping track. "By a very conservative estimate, a hundr

Re: Fewer guns, more ?

2011-11-20 Thread C D Tavares
On Nov 18, 2011, at 6:43 PM, Joseph E. Olson wrote: > http://www.dailymail.co.uk/news/article-1196941/The-violent-country-Europe-Britain-worse-South-Africa-U-S.html?mid=52 ...an article to which I refer gun-banners regularly, but now well over two years old. :-( -- Escape the Rat Race

Re: Looking for a copy of "The Armed Criminal in America: A Survey of Incarcerated Felons."

2011-08-08 Thread C D Tavares
On Aug 8, 2011, at 9:41 AM, Guy Smith wrote: > I seem to have misplaced my copy of "The Armed Criminal in America: A Survey > of Incarcerated Felons" and cannot find it on either the BJS or NIJ web > sites. Anyone have a copy or working link to the report? My archives seem to indicate this is no

Re: Firearmsregprof -doctors

2011-06-23 Thread C D Tavares
On Jun 22, 2011, at 10:06 PM, Phil Lee wrote: > About 10 years ago about 50 children 14 and younger were killed by > accidental discharge of firearms. Only about 900 people of all ages were > killed accidentally (unintentially). No way is that 1,500 number correct. >> More important, where did

Re: Failed post - I am trying again.....

2011-05-31 Thread C D Tavares
On May 31, 2011, at 1:15 PM, Greg Jacobs wrote: >> On a completely intellectual level, I would like to begin a brief discussion >> of the case in Oklahoma wherein a pharmacist was convicted of murder and >> sentenced to life in prison. >> The pharmacist fails to catch him and re-enters the st

Re: District Court Finds No Constitutional Right to Conceal Carry

2011-05-31 Thread C D Tavares
On May 31, 2011, at 2:21 AM, Greg Jacobs wrote: > http://www.auctionarms.com/news/article/20110527-District-Court-Finds-No-Constitutional-Right-to-Conceal-Carry.cfm > > http://joshblackman.com/blog/?p=7002 > > Call me dense, but I think I agree with this.and that frightens me I > hate

Re: BATF snafu

2011-03-10 Thread C D Tavares
On Mar 10, 2011, at 10:16 AM, Raymond Kessler wrote: > http://thehill.com/business-a-lobbying/148441-nra-calls-for-expedited-hearin > gs-on-gun-trafficking > > I agree that there needs to be hearings and some valid research on this > topic. BATF's recent tracking study was seriously flawed. Da

Re: would a law it make a difference?

2011-02-12 Thread C. D. Tavares
On Feb 12, 2011, at 4:22 PM, Henry E Schaffer wrote: > But, even if a permit was still required, would Loughner have > refrained from this act if he didn't have the permit? More directly, > does Joe Klein think that Loughner would have refrained? > > A different question is whether Loughner wo

Re: 20-year-olds trying to buy handguns

2010-05-25 Thread C. D. Tavares
On May 24, 2010, at 2:41 PM, Volokh, Eugene wrote: > Folks: As I read 18 U.S.C. sec. 922(b)(1), it's illegal for an > FFL to sell a handgun to an 18-to-20-year-old, but quite legal for a > nonprofessional to sell it to the 18-to-20-year-old (and for the > 18-to-20-year-old to bu

LSAS?

2010-04-04 Thread C. D. Tavares
Did the Lawyers' Second Amendment Society go belly up? Can't find them anywhere live on the web, and their old website at thelsas.org is now occupied by a domain squatter. -- Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty Take a Sanity Break at The Bunkhouse

Re: Looking for non-U.S.-citizens in Massachusetts (preferably women)

2009-11-27 Thread C. D. Tavares
On Nov 26, 2009, at 4:19 PM, Volokh, Eugene wrote: Folks: Do you by any chance know of any upstanding law-abiding non- U.S.-citizens in Massachusetts - preferably women - who might be inclined to be plaintiffs in a challenge to the Massachusetts ban on possession of pepper spray and Mace b

Re: Continuing vitality IN LAW of the unorganized militia

2009-11-19 Thread C. D. Tavares
On Nov 19, 2009, at 11:12 AM, Joseph E. Olson wrote: I've got 10 USC 311(b)(2). There are still STATE militias (defense forces?) in Alaska, California, Ohio I believe. Also didn't the Governor of Deleware call out his unorganized militia to patrol seacoast beaches in WWII? ANYONE HAVE CIT

Re: Nyc, gun law, airport travel.

2009-07-29 Thread C. D. Tavares
On Jul 29, 2009, at 10:43 AM, Joseph E. Olson wrote: Here is a copy of the US DOJ letter to Congressman Don Young stating that the NYC practice violates 18 USC 926A. http://www.anjrpc.org/DefendingYourRights/us%20letter.pdf "The Department of Justice agrees that the provisions of section

Re: Nyc, gun law, airport travel.

2009-07-29 Thread C. D. Tavares
On Jul 29, 2009, at 2:53 AM, Jk wrote: A friend of mine just got arrested in ny on an illegal weapons charge. They were travelling back to la thru a ny airport, when they went to the counter to declare their firearm (unloaded, locked hard container) they got arrested for illegal possessio

Re: Suggested Reading List for Sotomayor

2009-07-23 Thread C. D. Tavares
On Jul 22, 2009, at 6:26 AM, Volokh, Eugene wrote: Hmm; didn't she say, "I'm trying to think if I remember a case where the Supreme Court has addressed that particular question. Is there a constitutional right to self-defense? And I can't think of one. I could be wrong, but I can't think o

Suggested Reading List for Sotomayor

2009-07-21 Thread C. D. Tavares
Alan Korwin points out: "Sotomayer Overlooks All 14 Supreme Court Self-Defense Cases," and names them all... http://pagenine.typepad.com/ I love his sub-headline: "Entire nation falsely believes the issue has never come up." -- Escape the Rat Race for Peace, Quiet, and Miles of Des

Re: Verification ???

2009-07-15 Thread C. D. Tavares
On Jul 14, 2009, at 6:20 PM, Joseph E. Olson wrote: I saw this on the web (yes, that's why I'm trying to verify it): "Police officers commit assault-type crimes (beat wife, etc.) at a rate 8 times that of civilian permit holders." Can anyone VERIFY this factoid? I don't have any figures

Re: Indiana shall-issue and noncitizens

2009-06-17 Thread C. D. Tavares
On Jun 16, 2009, at 7:25 PM, Volokh, Eugene wrote: Sure, if one is banned from possessing, one is banned from carrying. My point was simply that the statute seemed to suggest it was referring to some federal carry law, and I was wondering what that might be. But it might well be a

Re: Indiana shall-issue and noncitizens

2009-06-16 Thread C. D. Tavares
On Jun 16, 2009, at 3:07 PM, Volokh, Eugene wrote: Ind. Code sec. 35-47-2-3 provides, (e) If it appears to the superintendent that the applicant: (1) has a proper reason for carrying a handgun; (2) is of good character and reputation; (3) is a proper person to be licensed; I'm not sure wh

Re: IF you ban guns, ban knives, ... you'll need to ban 2x4's too.

2009-06-10 Thread C. D. Tavares
On Jun 10, 2009, at 8:59 AM, Joseph E. Olson wrote: There’s a Reason God Put Those People on an Island: Eight people were arrested following the incident at Sundridge Park Golf Course on Sunday. Two youths, aged 17 and 13 were also taken to south London hospitals with head injuries. Despi

Re: Sherrifs and police chiefs changing their mind about shall-issue after shall-issue laws were implemented

2009-06-09 Thread C. D. Tavares
On Jun 8, 2009, at 11:38 PM, C. D. Tavares wrote: And, although it doesn't concern CCW, my personal favorite: (Don't understand why my last quote went MIA): Joseph Constance, deputy chief of the Trenton, N.J., police department, told the Senate Judiciary Committee in August of l

Re: Sherrifs and police chiefs changing their mind about shall-issue after shall-issue laws were implemented

2009-06-09 Thread C. D. Tavares
On Jun 8, 2009, at 10:10 AM, Volokh, Eugene wrote: Is there some set of quotes of sheriffs and police chiefs changing their mind about shall-issue after shall-issue laws were implemented? I'd love to see them (and forward them to someone with whom I was talking about this).

Re: Volokh: California Court of Appeal Upholds Ban

2009-06-05 Thread C. D. Tavares
On Jun 4, 2009, at 8:16 AM, Raymond Kessler wrote: Further, Heller seems to be limited to "weapons in common use." .50 cal. Rifles are not in common use. I wonder why I don't see more discussion of the elephant in this particular room -- viz., Miller requires "common use" to protect a ty

Re: Volokh: California Court of Appeal Upholds Ban

2009-06-05 Thread C. D. Tavares
On Jun 4, 2009, at 2:04 PM, Charles Curley wrote: I believe that the Miller case (1939?) stands for the proposition that the weapons best protected by the 2nd Amdt are those that lead to the preservation and efficacy of the militia. If I recall correctly, the Court held that, as they had no evi

Re: Gun free zones and school shooting list

2009-05-28 Thread C. D. Tavares
On May 27, 2009, at 8:48 PM, Guy Smith wrote: A Gun Facts reader in Argentina emailed me with two tough questions, which I hope other may help me answer. A) Aside from Lott and Landes 'Multiple Victim Public Shootings' are there any other studies that attempted to measure the negative impa

Re: Bans on carrying handguns, except "only in [one's] hands"

2009-05-01 Thread C. D. Tavares
On Apr 30, 2009, at 6:33 PM, Volokh, Eugene wrote: Andrews v. State, 50 Tenn. 165 (1871), struck down a statute banning open carrying of handguns, on the grounds that the state right to bear arms provision protected such carrying. But in State v. Wilburn, 66 Tenn. 57 (1872), the court upheld a

Re: 9th Circuit adopts incorporation of 2nd amend. through the 14th amend. in Nordyke.

2009-04-20 Thread C. D. Tavares
On Apr 20, 2009, at 12:21 PM, Jon Roland wrote: The 9th failed to properly define "sensitive places" Unless clarified on this point, the finding on incorporation is really only dictum, even if called a conclusion. Not quite. For example, any future law like the recent San Francisco gun

Re: CCW data set

2009-04-06 Thread C. D. Tavares
On Apr 5, 2009, at 2:03 PM, Guy Smith wrote: What I need to demonstrate is the variation in violent crime rates against national averages for X years before and after shall-issue CCWs laws were passed in each of the 30 post-Florida states. The objective (at a minimum) is to demonstrate th

Re: Exit strategy shooters

2009-04-04 Thread C. D. Tavares
On Apr 4, 2009, at 9:05 AM, Guy Smith wrote: speaking of MO's, I see an odd connection between Cho at VA Tech and Voong at Binghamton - blocking exits to ensure a higher kill rate). Is that how you interpret this behavior? I had always assumed they had blocked ENTRANCES to impede prompt

Re: License to carry to apply on campus

2009-03-23 Thread C. D. Tavares
On Mar 23, 2009, at 9:33 AM, Raymond Kessler wrote: > Texas, like a number of states is considering legislation to allow > those > with state licenses to carry concealed handguns to carry them on > college > campuses, which is currently forbidden. I am trying to find some > short but > pr

US v Hayes -- how narrow?

2009-03-06 Thread C. D. Tavares
As I read this (and perhaps simplifying it a bit overly), the Supreme Court ruled only that a federal law aimed at "domestic violence" offenders applies to violent offenses against state laws that do not necessarily contain the words "domestic violence," as long as they were against a "dome

Re: Enforcibility of gun free zones

2009-02-08 Thread C. D. Tavares
On Feb 7, 2009, at 8:26 PM, Paul Laska wrote: > Recognizing that some states have statutorily specified gun free > zones (schools, courts, drinking establishments, etc.), and some > permit individual sites to post themselves as "gun free," for those > states that do not statute wise permit

Re: State laws that ban possession of guns by people convicted of nonviolent misdemeanors?

2008-12-31 Thread C. D. Tavares
On Dec 31, 2008, at 11:44 AM, Volokh, Eugene wrote: > My recollection is that some state laws ban possession of guns by > people convicted of nonviolent misdemeanors. Some of these may be > within the rubric of "domestic violence," but not require any violent > act; others apply to other mis

Re: "informing" LEO that person has a concealed weapons license

2008-09-19 Thread C. D. Tavares
On Sep 19, 2008, at 11:58 AM, Paul Barnett wrote: > I haven't seen anything in this thread that indicates in which state > this occurred. The only clue is that it was posted by David Hardy, an Arizona lawyer... but Arizona has no such requirement in the law. -- Escape the Rat Race for

Re: "informing" LEO that person has a concealed weapons license

2008-09-18 Thread C. D. Tavares
On Sep 18, 2008, at 4:56 PM, Henry E Schaffer wrote: >> Defendant was stopped for a minor traffic infraction. Reasoning that >> "I have a gun!" might be unduly exciting to the officer, he handed >> him >> his driver's license and his concealed carry license. > > Wouldn't this count as informin

Firearms regulation, illustrated

2008-07-21 Thread C. D. Tavares
http://media.townhall.com/Townhall/Car/b/lb0722cd.jpg -- 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

Re: DC Rejects Heller's Handgun Application

2008-07-17 Thread C. D. Tavares
On Jul 17, 2008, at 10:47 AM, [EMAIL PROTECTED] wrote: > My info is that Heller was making a point rather than setting stage > for a second suit, and that he will be back to register a revolver > tomorrow. And yet, what to do about the Supreme Court's clear and entirely unambiguous order t

Re: Heller amusements

2008-06-27 Thread C. D. Tavares
On Jun 27, 2008, at 9:45 PM, Greg Jacobs wrote: >> The decision says the 14th amendment issue was not presented by this >> case (footnote 23 on page 48), although the dicta clearly supports >> incorporation (page 43-44). So, incorporation doesn't appear to be >> "official". Can we expect that s

Re: Not absolute

2008-04-27 Thread C. D. Tavares
On Apr 27, 2008, at 6:42 PM, Guy Smith wrote: > The abstraction that an employee (who has entered into a > voluntary contract with the employer, and likely has agreed to > abide by > whatever arbitrary and capricious rules the company sets) might > potentially > be negligently harmed (by a th

Re: Heller case's resultant racial issues?

2008-04-27 Thread C. D. Tavares
On Apr 27, 2008, at 2:28 PM, Volokh, Eugene wrote: > I certainly agree that much gun violence is committed by criminal > gangs that tend to be organized along ethnic minority lines -- but is > there some study that reports that *most* gun violence is so > committed? The most interesting th

Re: CCW revoke rates

2008-03-02 Thread C. D. Tavares
On Mar 1, 2008, at 12:38 PM, Guy Smith wrote: > I'm looking for a large or comprehensive table of the CCW > revocation rates > by states with shall-issue laws. Anyone have a source? A small and concise report for Arizona is at http://www.azdps.gov/ccw/Stats.htm -- Escape the Rat Rac

Re: Good discussion of the advantages and disadvantages of shotguns vs.handguns for self-defense

2008-02-07 Thread C. D. Tavares
On Feb 7, 2008, at 1:02 AM, Autumn Rose Press wrote: > Eugene, is there a particular context or scenario you have in mind? > I am unaware of conversations taking > place where actual veterans of gunfights or homicide investigators and > pathologists are discussing these issues. I'm assuming thi

Re: A Warren vs DC type of case?

2008-01-27 Thread C. D. Tavares
On Jan 27, 2008, at 12:51 PM, Henry E Schaffer wrote: > Scarred by abuse, she says police failed her > Those sworn to help didn't, she says. Now, she's taking them to court > http://www.newsobserver.com/news/story/905551.html > "She has been given permission by the state [of NC] Court of > App

Re: Review of lit - statistic

2008-01-19 Thread C. D. Tavares
On Jan 18, 2008, at 9:53 PM, Guy Smith wrote: > Some (undefined) time ago, a member of this list presented a > statistical > roll-up of peer reviewed articles that made a judgment on if the 2nd > Amendment did-or-did-not support and individual right. As I recall he > determined that the ratio

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 > actu

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."

Re: WaPo: Naomi Wolf praises the Second(?) Amendment

2007-11-28 Thread C. D. Tavares
On Nov 27, 2007, at 1:09 PM, Joseph E. Olson wrote: > http://www.washingtonpost.com/wp-dyn/content/article/2007/11/23/ > AR2007112301302.html > > Hey, Young Americans, Here's a Text for You > By Naomi Wolf > > Few young Americans understand that the Second Amendment keeps > their homes safe f

Re: Seek partners for amicus brief in DC v. Heller

2007-11-21 Thread C. D. Tavares
On Nov 21, 2007, at 6:20 AM, Jon Roland wrote: > We are contemplating filing an amicus curiae brief of our own in DC > v. Heller, but might join with others. We will not duplicate the > arguments made by others, but will address the issue of what kind > of regulation of firearms, if any, is

Re: UK: Broad brush anti-crime measures sap liberties, accomplish little.

2007-10-22 Thread C. D. Tavares
On Oct 22, 2007, at 7:49 AM, Joseph E. Olson wrote: > How worried should we be about the extent of gun crime on our streets? > TIMESONLINE > Richard Ford, August 25, 2007 > > (London, UK) Sometimes, listening to politicians, police and > the media, it can sound as if there is a gun-toti

Re: Guns, swords, knives, toys, ... . Will two sticks be next?

2007-09-30 Thread C. D. Tavares
On Sep 30, 2007, at 1:44 PM, Charles Curley wrote: > Also interesting for the statistics mongers in the crowd: > > How worried should we be about the extent of gun crime on our > streets? > Richard Ford, Home Correspondent > > Sometimes, listening to politicians, police and the medi

Re: Technical legal question about federal and California law

2007-09-11 Thread C. D. Tavares
On Sep 10, 2007, at 10:46 AM, Volokh, Eugene wrote: > Very sorry to trouble you, but I had a question I wanted to ask > people who are up on the technical rules of federal and California law > related to non-dealer gun transfers. Assume the following: > > X's grandfather dies in stat

Re: The REPUBLICAN candidate from New York.

2007-07-25 Thread C. D. Tavares
On Jul 25, 2007, at 12:11 PM, Volokh, Eugene wrote: > Joe: I'm puzzled -- isn't it clear that before the Fourteenth > Amendment, the dominant view (not the only view, but the dominant one, > eventually adopted in Barron v. Baltimore) was that gun control was > indeed a matter for state-by-state

THE PECULIAR STORY OF UNITED STATES V. MILLER

2007-06-22 Thread C. D. Tavares
Dear Sir: Having read your monograph at , I wish to take issue with one of your linchpin assertions: that the Miller case "concluded the Second Amendment doesn’t protect short-barreled shotguns because they aren’t related to the militia... A short- barreled shotgu

Re: Kellerman's old paper

2007-05-26 Thread C. D. Tavares
On May 24, 2007, at 9:03 PM, Guy Smith wrote: > Anyone have a copy of Kellerman's "Protection of Peril?" I > discovered, much > to my dismay, that I don't have a copy in my archive and the NEJM > online > archives don't go back that far. The article is reprinted in: The Gun Control Debate,

Re: "We don't confiscate guns in the US"

2007-05-10 Thread C. D. Tavares
On May 10, 2007, at 9:56 AM, Will Brink wrote: there are those people out there who make statements such as "people worried about their guns being confiscated in the US are being paranoid, it will never happen." Have you seen this? http://www.youtube.com/watch?v=-taU9d26wT4 Comments? Cou

Re: Gun crime down in UK according to BBC

2007-04-27 Thread C. D. Tavares
On Apr 27, 2007, at 7:02 AM, Will Brink wrote: According to an article by the BBC: "In a time of increased media attention surrounding crimes involving firearms, firearms offences have actually significantly reduced " Shooting however are up This is the standard statistical shuffle

Re: "To Serve and Protect"

2007-03-26 Thread C. D. Tavares
On Mar 26, 2007, at 10:14 AM, Guy Smith wrote: Related question: What are known instances of civilians using firearms to defend themselves against off-duty cop violence and how are these cases typically adjudicated (if there is any "typical" possible)? I have to imaging the burden of proo

Telegraph dubs UK laws a failure

2007-02-16 Thread C. D. Tavares
Some very quotable lines in today's Telegraph about British gun laws: Gun laws that constrain the law-abiding We have, post-Dunblane, what are said to be the toughest gun control laws in the world. They have actually proved strikingly ineffectual. Gun crime has doubled since they were intro

Re: Query about laws requiring gun possession

2007-01-16 Thread C. D. Tavares
On Jan 16, 2007, at 12:34 PM, Volokh, Eugene wrote: Alan Korwin ([EMAIL PROTECTED]) asks: I need a list of every city that has such a law, and a copy of the law itself. Do you have this, or know where I can find it? Besides Kennesaw and Greenleaf, the towns of Geuda Springs, Kansas and V

Re: Duty to Rescue and Concealed Carry

2006-11-22 Thread C. D. Tavares
On Nov 21, 2006, at 11:36 PM, [EMAIL PROTECTED] wrote: A "duty" to rescue might even have the unintended consequence of reducing the chance of rescue, as people conveniently forgot to stop. We already see this in certain cases such as the rape years ago of a woman who was screaming for he

Re: String citation to shall-issue (or no-need-for-permit) laws

2006-08-17 Thread C. D. Tavares
On Aug 17, 2006, at 1:16 PM, Volokh, Eugene wrote: Does anyone have a citation of the shall-issue (or no-need-for-permit) laws in all 37 states (according to the NRA ILA) that have such laws? I need to give the number in an article I'm writing, but for support I'd like to have the actu

Re: North Carolina and concealed weapons

2006-08-17 Thread C. D. Tavares
Here you go: http://www.nraila.org/CurrentLegislation/Read.aspx?ID=1738 On Aug 17, 2006, at 10:04 AM, Volokh, Eugene wrote: A query from another list: -Original Message- I understand that North Carolina enacted a law in 2005 or 2006 that, among other things, requires a count

Re: For the WaPo - uncontrolled knowledge is a dangerous [EMAIL PROTECTED]

2006-05-30 Thread C. D. Tavares
On May 29, 2006, at 9:56 PM, Jon Roland wrote: And don't forget all these: People celebrating Patriot's Day Veterans groups Laugh if you will, but Massachusetts actually achieved this stupidity in 1998: A section which tried to keep even unloaded weapons out of public view effectively

Re: guns at workplace

2006-01-15 Thread C. D. Tavares
On Jan 15, 2006, at 3:57 PM, [EMAIL PROTECTED] wrote: Assuming by Constitutional protection or by validly issued state license/permit that you have the right to carry a firearm on your person, why is that right subordinate to an owner's private property rights at the owner's workplace but tha

Re: Jury nullification in practice

2005-11-24 Thread C. D. Tavares
On Nov 24, 2005, at 12:02 PM, Guy Smith wrote: Have there been any recorded incidents of jurors using jury nullification to acquit someone on a gun law violation, based on the juror(s) belief that the law was unconstitutional? You're asking for a tall order. Since nullification offends man

Re: 57% of crime guns traced by the BATF sold through 1% of gun dealers

2005-11-10 Thread C. D. Tavares
On Nov 9, 2005, at 2:42 PM, Philip F. Lee wrote: Another is to follow the implication that the 1% statistic represents criminal behavior on the part of a relatively small number of dealers. So we might ask why hasn't the ATF investigated and prosecuted these bad-penny dealers (remember we are t

Specific lawsuit?

2005-10-21 Thread C. D. Tavares
I have been unable to find my notes on a liability lawsuit with the past few years against a gun manufacturer, in which the gun in question was originally sold to a police department, was traded in or resold, and eventually found its way to a criminal or accidental act by a civilian. Does this

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