Re: Slavery and Second Amendment.

2013-01-17 Thread PROTELL
No article answered Bogus because he cited nothing about the right to bear arms supporting slavery. The most prominent early demand for this right was in the northern states. But his thesis has recently gone viral, and here ’s what I’ve replied to enquiries: My book The Founders’ Second Am

Re: Query about colonial militias and poor whites

2011-02-02 Thread PROTELL
I don't recall ever seeing that. I have seen militia laws which provided arms for the poor who could not afford them, or required masters/fathers to provide arms to servants/sons. Steve Halbrook In a message dated 2/1/2011 1:34:28 P.M. Eastern Standard Time, vol...@law.ucla.edu writes:

Re: Anti-Native American gun control laws

2010-10-01 Thread PROTELL
Halbrook, That Every Man Be Armed (1984), 234-35: While legal discrimination against blacks in respect to arms was abolished during Reconstruction, the sale of arms and ammunition to "hostile" Indians remained a prohibition. E.g., 17 Stat. 457, 42d Cong., 3d Sess., ch. 138 (1873). See also

Re: 20-year-olds trying to buy handguns

2010-05-25 Thread PROTELL
As originally passed, the Gun Control Act of 1968 prohibited licensees, but not non-licensees, from making transfers to certain persons, including the prohibition on transfer of a firearm other than a rifle or shotgun to a person under 21 years old. Similarly, 922(d) prohibited a licensee fr

Re: The federal ban on gun possession by people who have been committed to me...

2010-05-07 Thread PROTELL
See An Act to Improve the National Instant Criminal Background Check System, P.L. 110-180, 122 Stat. 2559 (2008). Summary attached. Steve Stephen P. Halbrook Attorney at Law 3925 Chain Bridge Road, Suite 403 Fairfax, VA 22030 Tel. (703) 352-7276 Fax (703) 359-0938 Email: prot...@aol.com

Re: Background on Heller II

2010-03-30 Thread PROTELL
Justice Scalia’s majority opinion in Heller took a categorical approach and held the ban to be unconstitutional as a matter of law, without regard to any statistics about the effectiveness of “gun laws.” It was Breyer’s dissent that advocates the battle of statistics in which the government

Re: Nyc, gun law, airport travel.

2009-07-29 Thread PROTELL
, PROTELL writes: 18 USC 926A entitles a person to transport a firearm in this situation. NY is apparently the only state where passengers are arrested when they comply with TSA procedures to transport firearms by air. We are litigating this policy in the US Court of Appeals for the 2nd

Re: dubious assertion

2008-01-24 Thread PROTELL
Congress passed legislation prohibiting registration of firearms, which was associated with totalitarianism in Germany and Russia. See Halbrook, “ Congress Interprets the Second Amendment: Declarations by a Co-Equal Branch on the Individual Right to Keep and Bear Arms,” 62 Tennessee Law Revi

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

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

2005-11-09 Thread PROTELL
We made this point in litigation regarding whether ATF could use this simplistic statistical model as an excuse to require reporting of transactions.  The GCA authorizes reporting for tracing only in the course of a bona fide criminal investigation.  See our cert. petition at http://www.ste

Re: Specific lawsuit?

2005-10-22 Thread PROTELL
The case is Ileto v. Glock.  I did an analysis of it in Chapman Law Review.  See http://www.stephenhalbrook.com/law_review_articles/suing.pdf   Steve Halbrook   In a message dated 10/22/2005 3:10:56 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Furrow also had been a licensed firearm

Re: New Orleans Seizures

2005-09-28 Thread PROTELL
The injunction order and our memorandum in support of motion for TRO/injunction are posted on my website.  The complaint is not posted because the content is in the memo.  There are no other filings yet, as we filed our complaint and motion on Sept. 22, and the order was entered on Sept. 2