David Kopel's 1998 articlehttp://lawreview.byu.edu/archives/1998/4/kop.pdf,
The Second Amendment in the Nineteenth Century, in 1998 B.Y.U. L. Rev. 1359
is an excellent rebuttal to Bogus' theory that the Second Amendment was
ratified to protect slavery. The article is a long and thorough
C.D.:
Thanks! If you or anyone else finds the study please send link if possible, I
am not familiar with it.
Happy New Year to all!
Ray
Raymond G. Kessler, M.A., J.D.
Professor of Criminal Justice
Sul Ross State University
Alpine, TX 79830
Office phone: 432 837-8166
Please feel free to
Anyone know of any other examples of statutes or court decisions like the one
below?
A 1705 Virginia Statue provided as follows:
If any Negro, Mulatto, or Indian, Bond or Free, shall at any Time lift his or
her Hand in Opposition against any Christian, not being Negro, Mulatto, or
Indian, he
ONLY 2 OTHER NATIONS HAVE A CONSITUTITIONAL RIGHT SIMILAR TO THE U.S. SECOND
AMENDMENT.
Other than the U.S. only two other national constitutions have something
similar to the American Second Amendment. Interestingly, these two are Mexico
and Guatemala. However, both of these provisions are
Your government at work:
In a setback for the ATF, recent reports indicate that a program designed
to fight gun traffickers may have backfired. Operation Fast and Furious put
firearms into the hands of known smugglers in order to track them to cartel
leaders, according to numerous reports.
Link is to a generally sensible Second Amendment decision by 3rd Circuit.
Second Amendment does not give convicted felons right to possess firearms
and ammunition. This defendant had 7 pistols, five rifles, three shotguns
and relevant ammo. Interesting discussion of dicta v. holding re the
Am looking for some good sources on British efforts to impose gun control in
Ireland (before Independence) and in Northern Ireland (any time). Please
advise.
Thanks!
Best wishes for the New Year!
Ray Kessler
Prof. of Criminal Justice
___
Thanks for sending info. on the articles. Just another unhappy loser trying
to play the race card. The challenge to the conception of humans as autonomous
rational actors, has even darker implications. Much of our Constitution and
Bill of Rights are based, at least in part, on those
Some of you may not know about this source of data from the BJS. Firearms
Inquiry Statistics (Fist) program.
http://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail
http://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetailiid=246 iid=246
Lots of interesting data!
Ray Kessler
Prof. of Criminal Justice
Thanks!
In spite of the effort of many to obfuscate this issue by proposing other,
(and weaker) standards of review (e.g. Breyer's ridiculously subjective
balancing test), strict scrutiny, IMHO is the proper standard. I'm glad some
judge finally figured it out!
Dr. Ray Kessler
Prof. of
Interesting case where the District Court found that the Sheriff had denied
Plaintiff's application for a concealed-carry permit because of retaliation
for engaging in speech protected by the First Amendment.
Dorr v. Weber, 2010 U.S. Dist. LEXIS 67517 (N. Dist. Iowa)
Ray Kessler
Prof. of
Interesting data on burglary, violence against householders and armed
burglars. Sheds some light on the home-defense issues.
http://bjs.ojp.usdoj.gov/content/pub/pdf/vdhb.pdf
Ray Kessler
Prof. of Criminal Justice
P.S. Please feel free to check out my blog at
Balkin is wrong. He obviously cannot distinguish between holding, dicta and
rationale. Any language in McDonald about the Civil Rights Act of 1866 is pure
dicta. The Court did not “hold” anything about the CRA of 1866. This is not
rocket science.
Ray Kessler
Prof. of Criminal Justice
Given that Scalia has the much superior intellect, John Paul (should have
retired years ago) Stevens deserves it!
Dr. Ray Kessler
Prof. of Criminal Justice
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Guy Smith
Sent: Monday,
Have been googling to find info on the Boston Legal episode a couple years
back where the theme is a simplistic critique of the Supreme Court's Heller
decision. Can't find anything direct or with detail on the episode. Can
anyone out there provide a link or leads to anything about this episode?
Velly intellesting! I know there is some data in the Heller 2 pleadings, but
does anyone have a cite or link to a comprehensive, detailed, one-stop source
on the numbers and specific types of firearms kept. by Americans?
Thanks,
Ray Kessler
Prof. of Criminal Justice
Sul Ross State Univ.
The SPLC's latest report, Rage on the Right: The Year in Hate and
Extremism, is available at.
http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/
2010/spring/rage-on-the-right
One interesting quote:
Last year also experienced levels of cross-pollination between
Some thoughts on oral argument at McD v. Chicago (as per transcript).
1. Kennedy, the usual swing vote, seems to be leaning toward incorporation
under due process .. At this point it looks like a victor for McD. 2.
As many noted earlier, Gura gummed up his brief with the privileges or
Very interesting article on McD v. Chicago.
http://online.wsj.com/article/SB10001424052748704269004575073771717464954.ht
ml?mod=WSJ_hpp_MIDDLTopStories
Ray Kessler
Prof. of Criminal Justice
Sul Ross State Univ.
___
To post, send message to
In addition to the Texas State Guard, there is also a Reserve Militia
which is defined as persons liable to serve, but not serving in the state
military forces. The persons who are liable to serve are defined in Tex.
Govt. Code sec. 431.081. This section includes, in general, all able bodied
Let the name-calling begin!
http://blogs.seattleweekly.com/dailyweekly/2009/11/second_amendment_brief_fi
led_b.php
Notice the propaganda picture of the child with the toy assault rifle. Of
course, name-calling, demonizing and propaganda are techniques used by folks
all across the
The poor quality of social science research published in medical journals
never ceases to amaze me.
http://reason.com/blog/2009/10/05/why-skydivers-would-be-better
Ray Kessler
Prof. of Criminal Justice
Sul Ross State Univ.
___
To post, send
I am always looking for good on-line resources for my grad classes. What's
the best (most accurate and up-to-date online, free) legal encyclopedia
that covers criminal law, civil liberties and related topics?
Ray Kessler
Prof. of Criminal Justice
Sul Ross State Univ.
Does anyone out there have, have access to, or know of, an indexed copy of
part or all of the Supreme Court's opinion in D.C. v. Heller (that you would
be willing to share)? I'm teaching a grad course on Heller and the RTKBA
and am looking for a relatively detailed index that goes beyond a table
Great interview of FSU Criminologist Gary Kleck--America's #1 expert on gun
control and defensive use of firearms.
http://www.rinr.fsu.edu/issues/2009winter/cover01_a.asp
Ray Kessler
Prof. of Criminal Justice
Sul Ross State Univ.
___
To
Wilkinson’s article is one of the worst on Heller I’ve come across. The
methodologies in Heller and Griswold v. Conn. (the main font of Roe), are
entirely the opposite. If it hadn’t been written by a prominent federal judge I
wonder if it would have been published. (Probably would have, the
The military in WWI used, and today still uses, short-barreled shotguns, but
they were not sawed-off. I'm not sure if this makes a difference for 2nd
Amend theory, but it's a fact.
Ray
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On
In addition to being very unrealistic, the ranch sniping hypo is one of
those 1 in a 100 million cases that, for better or worse, the law usually
doesn't deal with. It is very difficult to write a statute or
constitutional provision that can cover every conceivable exercise of a
claimed right.
a constitutional right to possess some particular kinds of guns,
and ask why people are afraid of others' exercising that right.
Eugene
-Original Message-
From: firearmsregprof-boun...@lists.ucla.edu [mailto:firearmsregprof-
boun...@lists.ucla.edu] On Behalf Of Raymond Kessler
in the hands of otherwise seemingly
law-abiding citizens (certainly not ones who can be disqualified from
getting concealed carry permits, or keeping a gun at home without a permit)
will indeed be used to murder or commit manslaughter.
Eugene
-Original Message-
From: Raymond Kessler
The quote below pops up in the anti-control literature every once in a
while. I have been unable to track it down to a trustworthy source. Is
there such a source or is this another myth created by warriors in the
culture wars? Please advise.
The most foolish mistake we could possibly
Ditto:
I'm just a little surprised to see the usually liberal 9th Cir. Supporting
gun rights!
Ray
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Joseph E. Olson
Sent: Monday, April 20, 2009 12:18 PM
To: List Firearms Reg
Subject: 9th
There seems to be some confusion among the public and some posters as to the
types of weapons protected by the 2nd Amend.
Below are direct quotes from Heller regarding the types of weapons protected
by the 2nd Amend. Except for handguns, this is all dicta, but it's the best
we have so far.
To: Raymond Kessler; conlawp...@lists.ucla.edu;
firearmsregprof@lists.ucla.edu
Subject: RE: Types of weapons protected by 2nd Amend.
There seems to be some confusion among the public and some posters as to
the types of weapons protected by the 2nd Amend
Thanks Joe
Ray
-Original Message-
From: Joe Waldron [mailto:jwald...@halcyon.com]
Sent: Wednesday, April 15, 2009 3:38 PM
To: Raymond Kessler
Cc: firearmsregprof@lists.ucla.edu
Subject: Re: FW: [BULK] CCRKBA Condemns 'Them V. Us' Homeland Security
'Assessment'
If the list will accept
As expected, the recent rash of murders, incl. mass murder, has spawned
attacks on the 2nd Amendment. It's a sad commentary on a society that calls
itself the land of the free and the home of the brave. Simple minds are
always looking for simple solutions like abrogating constitutional rights
Man kills 4 with dagger! Is it finally time for this country to stand up
against the National Dagger Association and ban these terrible weapons! Who
knows how many of these terrible things are being smuggled into Mexico!
Perhaps the ban could be limited to assault daggers. Congress should
The article below is probably just media hot-air, but I seem to remember a
movement in the 80's to repeal the Second Amendment. Never got out of
Congress. Any real movement currently to get a constitutional amend to
remove the 2nd Amend.?
This discriminatory bill re firearms sounds almost too bizarre to be true.
But then, we shouldn't be surprised by anything that comes out of Illinois.
Can anyone verify the accuracy of this article?
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m3d25-Illino
I realize that lawyers and law professors have to play the game and pretend
that precedent, history, dictum, etc. are important to the Supreme Court.
However, us legal realists and attitudinalists realize that just the
opposite is the reality. The Court will do whatever it wants on just about
I'm with Joe. I don't know any police officers, firearms trainers, people
who keep firearms for home defense, or fellow shooters who would recommend
a shotgun over a handgun for most persons interested in home defense
firearms. I own (and have shot both at non-human targets) both home
defense
for some people over
handguns
On Mon, Feb 09, 2009 at 03:14:56PM -0600, Raymond Kessler wrote:
I’m with Joe.
Another thought here is that you may need to call the cops to come collect the
bad guy. At that point, you may need to hold your phone in one hand and your
weapon in the other. A hand
people over
handguns
On Mon, Feb 09, 2009 at 03:14:56PM -0600, Raymond Kessler wrote:
I’m with Joe.
Another thought here is that you may need to call the cops to come collect the
bad guy. At that point, you may need to hold your phone in one hand and your
weapon in the other. A hand gun
Although I have always been a very obscure, minor player in the gun
control/Second Amendment debate, when I first found Gun Crazy I was hoping
to get a tongue lashing. Unfortunately, the author cruelly ignored me, and
my hopes were crushed. I didn't even get in an obscure footnote. However,
the
Amendment.
(Just in case you miss it, the preceding sentence is another attempt at
humor).
Ray
-Original Message-
From: Philip F. Lee [mailto:[EMAIL PROTECTED]
Sent: Sunday, July 13, 2008 4:19 PM
To: Raymond Kessler; firearmsregprof@lists.ucla.edu
Subject: Re: Gun Crazy
It isn't clear
What is the
a) First law review article to espouse the sophisticated collective
rights view?
b) first book to espouse same?
c) First court to utilize the SCR theory?
Thanks,
Ray Kessler
___
To post, send message to
Although I have been an ACLU member off and on, and admire much of their
work, I find your use of the term dishonesty much too kind. IMHO
hypocrisy would be a better word. Unfortunately, IMHO the ACLU is a
left-wing advocacy group that only uses the Bill of Rights to support
left-wing causes. It
The text of federal Militia Act of 1792 seems to define the militia subject
to the President's control in terms of then-existing state militias. It
provides, in part:
That whenever the United States shall be invaded, or be in imminent danger
of invasion from any foreign nation or Indian tribe,
Thanks to David T. Hardy for some leads on the earliest cases and law review
articles presenting the Collective Rights theory. Can anyone recommend a
good, accurate, law review article expounding on/critiquing the origins of
that approach.
Thanks,
Ray Kessler
Thanks Doc:
There were similar events in many states just before and during the early
stages of WWI and WWII. Self-armed groups undertook patrol duties in many
areas in both wars. As for the registration claim by another poster, I've
never seen any evidence of such anywhere in the U.S.
Like many of you, I've been looking over the amicus briefs filed in favor of
D.C. Without naming names, some of the usual suspects seem to be using or
implying the arguments that if Heller wins, and the Court ignores the
alleged weight of judicial opinion, including overruling parts of Miller, it
Interesting hypo! Let's look at it from the 4th Amend. perspective. Some
would argue that Tenn. v. Garner would apply, but I would argue that Tenn.
v. Garner is a fleeing suspect case and that if the suspect is not fleeing
anything else in Garner is dictum. If Garner doesn't apply then we have
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