RE: Sandy Hook parents suit against Remington

2016-02-22 Thread Volokh, Eugene
[mailto:d...@dklawoffice.com] Sent: Monday, February 22, 2016 5:21 PM To: Volokh, Eugene <vol...@law.ucla.edu>; 'List Firearms Reg' <firearmsregprof@lists.ucla.edu> Subject: RE: Sandy Hook parents suit against Remington What is troubling is that PLCAA was written and intended to

RE: Sandy Hook parents suit against Remington

2016-02-22 Thread Volokh, Eugene
Same reason that, for instance, state libel lawsuits stay in state court even when there’s a federal First Amendment defense. “[I]t is now settled law that a case may not be removed to federal court on the basis of a federal defense, including the defense of pre-emption, even if

Police work seems to have 12 times the baseline occupational homicide rate

2014-11-28 Thread Volokh, Eugene
I’m not sure that homicides per traffic stop are the relevant data point for determining whether police work is one of the most “dangerous jobs” – just as we probably wouldn’t measure the dangerousness of, say, commercial fishing (from accidents, not homicides) on a

@VolokhGuns tag

2014-01-25 Thread Volokh, Eugene
Folks: Sorry to bother you with one more promotional message, but I just wanted to let you know that I set up a new Twitter feed, @VolokhGuns, that will send out just our gun-related messages (mostly from David Kopel and from me, though this coming week Nick Johnson's messages

Nick Johnson guest-blogging about Negroes and the Gun at the Washington Post (on our blog) next week

2014-01-24 Thread Volokh, Eugene
Nick Johnson will be guest-blogging about Negroes and the Gun at the Washington Post (on The Volokh Conspiracy) next week; the announcement is at http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/01/24/negroes-and-the-gun-the-black-tradition-of-arms/. The blog is not at all

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

2013-12-16 Thread Volokh, Eugene
http://www.bjs.gov/content/pub/pdf/fv9311.pdf (2007-11 data). That's still well below the Kleck Gertz numbers, and the results of the NSPOF study, but well above the 1994 NCVS numbers -- even though the number of crimes decreased markedly from 1994 to 2007-11. Eugene

Bureau of Justice Statistics report (based on NCVS) mentioning estimate of defensive gun uses, in the last few years

2013-12-16 Thread Volokh, Eugene
A few months ago, I saw a recent Bureau of Justice Statistics report (based on NCVS) mentioning an estimated number of defensive gun uses. This isn't the old 1994 one, but one from the last few years. But unfortunately I mislaid my pointer to it; does anyone happen to know what the name of

Never mind re: DGUs

2013-12-16 Thread Volokh, Eugene
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, December 16, 2013 8:17 PM To: firearmsregprof@lists.ucla.edu Subject: Whoops, found it -- the estimate is 235,000 DGUs http://www.bjs.gov/content/pub/pdf/fv9311.pdf (2007-11 data). That's still well below the Kleck Gertz numbers

From the list custodian RE: Poletecracy

2013-05-31 Thread Volokh, Eugene
Folks: Let's limit the discussion on this list to technical questions of firearms regulation policy and law. Eugene From: firearmsregprof-boun...@lists.ucla.edu [firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Charles Curley

RE: New approach

2013-05-09 Thread Volokh, Eugene
(1) As I understand it, the claim is that the Fourteenth Amendment, which provides that no state shall deny a person life or liberty without due process, limits states' power to withdraw from people the protections of the criminal law (e.g., the law against murdering those

RE: New approach

2013-05-09 Thread Volokh, Eugene
that such legislative stripping of the traditional protection offered to life, liberty, and property isn’t a denial of life, liberty, and property without due process? Eugene From: Phil Lee [mailto:maryland_al...@yahoo.com] Sent: Thursday, May 09, 2013 8:40 AM To: Volokh, Eugene

New approach

2013-05-09 Thread Volokh, Eugene
Now I don’t understand. You say that “the notion of ‘positive protection’ is a perversion of the Constitution,” and therefore laws withdrawing such protection – e.g., allowing the killing of burglars, thieves, etc. caught in the act – are constitutionally permissible simply

RE: New approach

2013-05-08 Thread Volokh, Eugene
verifiably stiffed him on a do not serve these people poster, visible to the public, with no due process required whatsoever. On May 8, 2013, at 6:12 PM, Volokh, Eugene vol...@law.ucla.edu wrote: (1) The fundamental constitutional right to life appears, I think

RE: New approach

2013-05-08 Thread Volokh, Eugene
. [mailto:jol...@hamline.edu] Sent: Wednesday, May 08, 2013 8:06 PM To: Volokh, Eugene Cc: C D Tavares; Firearms Reg, List Subject: Re: New approach But, IIRC, in every state some act reasonably perceived as criminal (usually assault) by the decedent is required before self-defense becomes an option

One more thought about positive and negative rights

2013-05-08 Thread Volokh, Eugene
Here's one more thought that might be helpful here: The Bill of Rights, including the clause barring deprivation of life, liberty, or property without due process, wasn't enacted as some self-contained philosophical framework; it was enacted against a backdrop of English law

RE: New approach

2013-05-08 Thread Volokh, Eugene
withdrawal of protection might be the old practice of issuing wanted dead or alive posters. I wonder if that practice has ever been legally tested? Phil From: Volokh, Eugene vol...@law.ucla.edumailto:vol...@law.ucla.edu To: C D Tavares c

RE: California doctors' boundaries

2013-01-22 Thread Volokh, Eugene
this is my core area of writing and teaching. But I think the thread has likely run its course. Eugene From: James Heath [mailto:heath.seat...@gmail.com] Sent: Tuesday, January 22, 2013 10:26 AM To: Volokh, Eugene Cc: firearmsregprof@lists.ucla.edu Subject: Re: California doctors

RE: California doctors' boundaries

2013-01-21 Thread Volokh, Eugene
Well, the question was asked in First Am[endment] terms. (To quote the earlier post to which I was responding, So the state saw a problem with doctors imposing ideological values in the name of medicine, and limited doctor's speech to prevent that. The AMA was on the other

RE: California doctors' boundaries

2013-01-21 Thread Volokh, Eugene
That a speaker is state-licensed and engaged in commerce is not itself a justification for the state's restricting the speaker's speech. See, e.g., Consolidated Edison Co. v. Public Serv. Comm'n, 447 U.S. 530 (1980). That the speaker is a professional speaking to a client might justify some

Re: Gov. Jennifer Granholm's rant about armor piercing bullets on ABC today

2013-01-20 Thread Volokh, Eugene
I am not an expert on this corner of federal regulations, but as I understand it, federal law largely bans the importation and manufacturing of armor piercing ammunition, 18 U.S.C. sec. 922(a)(7), but doesn't ban the sale or possession of such ammunition. (I haven't see

Re: doctor boundaries

2013-01-20 Thread Volokh, Eugene
. An earlier post, though, suggested the contrary. Just so we don’t talk past each other, could I have a clear understanding of what’s proposed? Eugene From: Phil Lee [mailto:maryland_al...@yahoo.com] Sent: Sunday, January 20, 2013 9:26 AM To: Volokh, Eugene; Firearmsregprof Subject

RE: Doctors asking patients about guns and the Miranda analogy

2013-01-20 Thread Volokh, Eugene
Well, I'm not sure why one would think that the confidentiality of a doctor and a lawyer would be equivalent, given that the law does not -- and to my knowledge, never has -- provided for such equivalence. See, for instance, Cal. Civil Code sec. 998, which expressly provides

FW: doctor boundaries

2013-01-20 Thread Volokh, Eugene
other, could I have a clear understanding of what’s proposed? Eugene From: Phil Lee [mailto:maryland_al...@yahoo.com] Sent: Sunday, January 20, 2013 9:26 AM To: Volokh, Eugene; Firearmsregprof Subject: Re: doctor boundaries And yet this appeal case Eugene cites rejected

RE: California doctor's boundaries

2013-01-20 Thread Volokh, Eugene
Well, the California statute applies only to sexual orientation change efforts for patients under the age of 18, and applies only to actual efforts to change sexual orientation, on the theory that there's pretty solid evidence that such efforts are likely to be unhelpful or even harmful. See

RE: Doctors asking patients about guns

2013-01-19 Thread Volokh, Eugene
is medicine (and offering advice where he lacks training). Phil From: Volokh, Eugene vol...@law.ucla.edumailto:vol...@law.ucla.edu To: firearmsregprof firearmsregprof@lists.ucla.edumailto:firearmsregprof@lists.ucla.edu Sent: Friday, January 18, 2013 7:22 PM

RE: doctor boundaries

2013-01-19 Thread Volokh, Eugene
, 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 a question

Doctors asking patients about guns and the Miranda analogy

2013-01-19 Thread Volokh, Eugene
It seems to me the Miranda principle cuts in precisely the opposite direction. Recall that Miranda applies only when a police officer questions a suspect who is in custody. Even though a police officer always has some degree of coercive authority, non-custodial questioning

Restricting doctors' First Amendment rights

2013-01-19 Thread Volokh, Eugene
If you want to propose that the government be limited in requiring doctors to provide certain information about patients, that could be perfectly sensible. But restricting doctors' First Amendment rights to ask questions because maybe that information will eventually end up in the

RE: Doctors asking patients about guns

2013-01-18 Thread Volokh, Eugene
I’m skeptical of talk of “boundary violation[s],” which is rather ill-defined term. It seems to me that if doctors want to ask patients about things that they think are relevant to the patient’s health, they should be entirely free to do so. To be sure, if they give the

Doctors' reporting supposed dangerousness of their parents

2013-01-18 Thread Volokh, Eugene
I appreciate the concern about doctor-patient confidentiality, and especially psychiatrist-patient confidentiality. But the law on this, as I understand is, is complex; doctors, for instance, must often report gunshot wounds and similar wounds (am I right about that?),

RE: Doctors asking patients about guns

2013-01-18 Thread Volokh, Eugene
) by a professional boundary. What he shouldn't be doing is advising outside of his professional expertise which is medicine (and offering advice where he lacks training). Phil From: Volokh, Eugene vol...@law.ucla.edumailto:vol...@law.ucla.edu To: firearmsregprof

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

2013-01-03 Thread Volokh, Eugene
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 it seems the data is a bit different: JIM STEWART

RE: Background intelligence

2012-08-16 Thread Volokh, Eugene
Well, try to speak in court if you are a witness after the judge orders you to be quiet. Testimony is an area where both speech restrictions and speech compulsions are routine. This isn’t to say that Prof. Blocher’s argument is sound – analogies between

RE: If the cop isn't RIGHT THERE, he's not going to intervene.

2012-01-09 Thread Volokh, Eugene
Folks: This list is indeed limited to discussion of the law and policy of firearms regulation; we should avoid discussions that are far removed from that, such as discussions of the proper relations between nations. Thanks, Eugene

2nd Am / Equal Protection Clause victory for legal alien gun owners

2011-10-27 Thread Volokh, Eugene
A pre-2009 Washington state lawhttp://law.justia.com/codes/washington/2005/title9/9.41.170.html, under which Yasin Ibrahim was convicted, required aliens to get a license . (A new statutehttp://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.173 sets up a different licensing scheme for alien gun

Query about colonial militias and poor whites

2011-02-01 Thread Volokh, Eugene
I've seen claims that colonial militias sometimes excluded poor whites, but I can't find any really authoritative source on the subject. Do any of you know of evidence that this did indeed happen? Let me know, please. Many thanks, Eugene Volokh ___

Sample syllabuses for 14-week seminar on the Second Amendment (and perhaps state constitutional rights to keep and bear arms)?

2010-09-01 Thread Volokh, Eugene
A friend of mine asked me for sample syllabuses for 14-week seminar on the Second Amendment (and perhaps state constitutional rights to keep and bear arms) - if you have one that you'd like to share, can you please either e-mail it to him, at carroll...@aol.commailto:carroll...@aol.com, or

In which U.S. jurisdictions is it hard to legally own a handgun?

2010-08-09 Thread Volokh, Eugene
Folks: I'm looking for an authoritative list of U.S. jurisdictions in which legally owning a handgun (not getting a license to carry, but being able to legally own a handgun in one's home) is quite difficult - for instance, because there's a discretionary licensing scheme, a long (more than a

The federal ban on gun possession by people who have been committed to mental institutions

2010-05-07 Thread Volokh, Eugene
18 U.S.C. 922(g)(4) bars gun possession by, among others, anyone who [has] been committed to a mental institution - apparently at any time in the past. Is there any procedure through which people who have been (properly) committed to a mental institution may have that somehow set aside or

Colored imitation guns

2010-04-15 Thread Volokh, Eugene
Folks: I wanted to get some brightly colored imitation guns - the bright color is required by California law - so that I could show them at some talks I'm giving. The ASP Red Guns look interesting, but I can't figure out from the descriptions whether they have working slides, removable

Media lies, distortions, and innocent errors

2010-02-16 Thread Volokh, Eugene
I agree that the media often errs badly, especially about guns but also otherwise. Check out the Boston Globe article about Bishop's killing her brother 24 years before: the girl had fought with her brother in the 1986 incident, then shot him with a shotgun and fled down the

RE: Media lies, distortions, and innocent errors

2010-02-16 Thread Volokh, Eugene
of the statement (whether put precisely as Bishop's not having a concealed carry license, or imprecisely as the article itself put it) helps the pro-gun-rights side. Eugene From: Raymond Kessler [mailto:rkess...@sulross.edu] Sent: Tuesday, February 16, 2010 9:36 AM To: Volokh, Eugene

RE: Media lies, distortions, and innocent errors

2010-02-16 Thread Volokh, Eugene
I appreciate Joe's general point, and it may well be correct. My point was simply that this particular imprecision was probably not an example of the practice that Joe describes. From: firearmsregprof-boun...@lists.ucla.edu [mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf

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

2009-11-26 Thread Volokh, Eugene
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 by noncitizens? Let me know, please, if this gives you

RE: Playing the fear card in the 2nd Amend. incorp. debate.

2009-11-12 Thread Volokh, Eugene
I think we'd need a more specific definition of fear-mongering for this to work. Much fear is perfectly rational, and a sound basis for lawmaking. The Revolution was fought partly because of a fear of further British abuses. The Constitution was created because of various

RE: Playing the fear card in the 2nd Amend. incorp. debate.

2009-11-12 Thread Volokh, Eugene
: firearmsregprof-boun...@lists.ucla.edu [mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Thursday, November 12, 2009 8:18 AM To: firearmsregprof@lists.ucla.edu Subject: RE: Playing the fear card in the 2nd Amend. incorp. debate. I think we'd need

RE: Suggested Reading List for Sotomayor

2009-07-22 Thread Volokh, Eugene
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 of one? If so, then I'm not sure that cases dealing with

A question from the Harvard Law School Target Shooting Club

2009-07-13 Thread Volokh, Eugene
A question from the Harvard Law School Target Shooting Club (which was founded by my brother Sasha several years ago) - any suggestions for them? Thanks, Eugene From: Michelle Yang [mailto:my...@jd10.law.harvard.edu] Sent: Monday, July 13, 2009 2:51 PM To: Volokh, Eugene Subject: Fw: Re: New

RE: Indiana shall-issue and noncitizens

2009-06-16 Thread Volokh, Eugene
2009 15:44:40 -0700 Volokh, Eugene vol...@law.ucla.edu wrote: Sure, but I take it that those are *possession* limits, not carrying limits, right? Can you carry without possessing? -- Charles Curley /\ASCII Ribbon Campaign Looking for fine software

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

2009-06-09 Thread Volokh, Eugene
To: Firearmsregprof Subject: Re: Sherrifs and police chiefs changing their mind about shall-issue after shall-issue laws were implemented 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

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

2009-06-09 Thread Volokh, Eugene
Armed with one of the quotes, I managed to find a similar list that has citations; it's at http://www.wpri.org/Reports/Volume19/Vol19no4.pdf . Eugene ___ To post, send message to Firearmsregprof@lists.ucla.edu To subscribe, unsubscribe, change

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

2009-06-08 Thread Volokh, Eugene
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). Many thanks, Eugene

RE: Volokh: California Court of Appeal Upholds Ban

2009-06-04 Thread Volokh, Eugene
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 Sent: Thursday, June 04, 2009 8:17 AM To: Volokh, Eugene

RE: Volokh: California Court of Appeal Upholds Ban

2009-06-04 Thread Volokh, Eugene
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 [mailto:rkess...@sulross.edu] Sent: Thursday, June 04, 2009 2:29 PM To: Volokh, Eugene; firearmsregprof

Is the NRA's petition in NRA v. City of Chicago, filed today, available online somewhere?

2009-06-03 Thread Volokh, Eugene
Is the NRA's petition in NRA v. City of Chicago, filed today, available online somewhere? Thanks, Eugene ___ To post, send message to Firearmsregprof@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

RE: Is the NRA's petition in NRA v. City of Chicago, filed today, available online somewhere?

2009-06-03 Thread Volokh, Eugene
I got a copy of the petition, and posted it at http://volokh.com/files/nrapetition.pdf Eugene -Original Message- From: Joe Waldron [mailto:jwald...@halcyon.com] Sent: Wednesday, June 03, 2009 4:45 PM To: Volokh, Eugene Cc: 'firearmsregprof@lists.ucla.edu' Subject

RE: State law requiring municipalities to report within six months ontheir weapons laws

2009-05-07 Thread Volokh, Eugene
, Illinois 62794-9233 From: Volokh, Eugene vol...@law.ucla.edu To: firearmsregprof@lists.ucla.edu Sent: Wednesday, May 6, 2009 12:59:46 PM Subject: State law requiring municipalities to report within six months on their weapons laws I recall

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

2009-04-30 Thread Volokh, Eugene
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 similar statute because it had exactly one

Literature on judicial review of administrative gun possession/carry permit decisions

2009-04-29 Thread Volokh, Eugene
Do any of you by any chance know of any law review articles on judicial review of administrative gun possession/carry permit decisions - how it actually operates, whether a state or federal constitutional right to bear arms requires independent judicial review in such cases, and the

Am I right that in New York City, one may not possess any gun until one turns 21?

2009-04-14 Thread Volokh, Eugene
Am I right that in New York City, one may not possess any gun until one turns 21 (except if one is under direct supervision of someone who has a permit to possess a rifle or shotgun, and in a few other circumstances)? I think this is so, see New York City Admin. Code sec. 10-305, but I wanted to

Fw: Kirkland Ellis Petitioning for Cert to Incorporate 2nd Amendment Against the States

2009-03-04 Thread Volokh, Eugene
From: Benjamin Wolf [mailto:benjaminw...@ymail.com] http://schlissellaw.wordpress.com/2009/03/04/incorporating-the-2nd-amend ment-against-the-states-kirkland-ellis-is-on-the-case/ Incorporating the 2nd Amendment Against the States - Kirkland Ellis is

Re: Negligence liability for proprietors who excludeguns fromtheirproperty

2009-02-09 Thread Volokh, Eugene
From: Volokh, Eugene Sent: Monday, February 09, 2009 7:41 PM To: 'Firearms Regulation List UCLA' Subject: RE: Negligence liability for proprietors who excludeguns fromtheirproperty I much appreciate Yuri's post on this, but I do want to suggest

Negligence liability for proprietors who exclude guns from their property

2009-02-08 Thread Volokh, Eugene
The question of whether proprietors who enforce no-guns rules can be held liable for crimes against visitors, on the theory that the rule contributed to the crime and the proprietor was negligent, is an interesting one. But I'm pretty sure that we can't figure out the answer the legal

Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century?, particularly as to the Second Amendment

2009-02-05 Thread Volokh, Eugene
Looks quite interesting from the abstract, though I haven't read it yet: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1144026 Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century? Gerard N. Magliocca Indiana University School of Law - Indianapolis June 1,

Quick question about high powered rifles and weapons

2009-02-02 Thread Volokh, Eugene
A quick question: Certain rifles and weapons are sometimes labeled high powered -- often by pro-assault-weapons-ban folks, but also by people who seem to support gun rights (e.g., people organizing certain shooting events). But I take it that the power of a shooting rests on (1) the mass of the

FW: The First (?) Post-*Heller* Case Holding aGun Control Law Unconstitutional:

2009-01-12 Thread Volokh, Eugene
Posted by Eugene Volokh: The First (?) Post-*Heller* Case Holding a Gun Control Law Unconstitutional: http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#123171265 1 That's [1]U.S. v. Arzberger. The gun control law is the part of [2]18 U.S.C. 3142(c)(1)(B) that requires that

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

2008-12-31 Thread Volokh, Eugene
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 misdemeanors. Can anyone refresh my recollection, please? Many

Very odd dissents in Ohio preemption case

2008-09-18 Thread Volokh, Eugene
I thought I'd pass along my blog post on this recent decision (thanks to Dan Gifford for pointing it out to me): http://volokh.com/archives/archive_2008_09_14-2008_09_20.shtml#122175973 7 [Eugene Volokh, September 18, 2008 at 1:42pm

FW: NAU professor needs help with 2nd Amendment component of course

2008-07-18 Thread Volokh, Eugene
Any suggestions from the academics on this list? If you have some, please e-mail them to Prof. Nuno directly. Thanks, Eugene From: Stephen A. Nuno [mailto:[EMAIL PROTECTED] Sent: Friday, July 18, 2008 7:28 AM To: Volokh, Eugene

FW: [Volokh] Eugene Volokh: An 1831 Source Supporting the IndividualRights View of the Second Amendment:

2008-07-14 Thread Volokh, Eugene
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Monday, July 14, 2008 3:02 PM To: [EMAIL PROTECTED] Subject: [Volokh] Eugene Volokh: An 1831 Source Supporting the IndividualRights View of the Second Amendment: Posted by Eugene

FW: [Volokh] Eugene Volokh: An 1830 Source Casually Assuming theIndividual Rights View of the Second Amendment:

2008-07-08 Thread Volokh, Eugene
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, July 08, 2008 1:08 PM To: [EMAIL PROTECTED] Subject: [Volokh] Eugene Volokh: An 1830 Source Casually Assuming theIndividual Rights View of the Second Amendment: Posted

FW from PhD student: 2nd Amendment and Literature

2008-07-05 Thread Volokh, Eugene
Please send responses to [EMAIL PROTECTED] Thanks, Eugene From: patrick seth williams [mailto:[EMAIL PROTECTED] Sent: Saturday, July 05, 2008 7:39 PM Subject: 2nd Amendment and Literature . . . . I'm a PhD student

RE: Heller case's resultant racial issues?

2008-04-27 Thread Volokh, Eugene
gangs that tend to be organized along ethnic minority lines*. Eugene From: Joseph E. Olson [mailto:[EMAIL PROTECTED] Sent: Sunday, April 27, 2008 2:42 PM To: Volokh, Eugene; List Firearms Reg Subject: RE: Heller case's resultant

RE: Heller case's resultant racial issues?

2008-04-27 Thread Volokh, Eugene
Chicago's) has to be social/cultural not technological (gun bans, etc.). It really IS the person behind the gun, car, or whatever. Volokh, Eugene [EMAIL PROTECTED] 04/27/08 4:49 PM Oh, there is plenty of solid data that the overwhelming majority of homicide

Statements from police and legislators that shall-issue hasn't led to the gun misuse that they had expected

2008-02-12 Thread Volokh, Eugene
Has anyone collected statements from police and legislators that shall-issue hasn't led to the gun misuse that they had expected? I'm particularly looking for statements from people who at first thought it would be bad, but after some experience with the system changed their minds. I'm

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

2008-02-05 Thread Volokh, Eugene
Can anyone please point me to a good discussion of the advantages and disadvantages of shotguns vs. handguns for self-defense? The more specific the cite, the better. Many thanks, Eugene ___ To post, send message to

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,

Technical legal question about federal and California law

2007-09-10 Thread Volokh, Eugene
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 state S. X's stepgrandmother gives X, when X visits

Good articles on the proper standards of review under an individual right to bear arms (federal or state)

2007-08-16 Thread Volokh, Eugene
What would you folks recommend as the best articles on the proper standards of review under an individual right to bear arms (federal or state)? Thanks, Eugene ___ To post, send message to Firearmsregprof@lists.ucla.edu To subscribe,

RE: FW: The REPUBLICAN ... from New York.

2007-07-30 Thread Volokh, Eugene
://www.constitution.org/ussc/332-046jr.htm Williams v. Florida 399 U.S. 78 (1970) Apodaca v. Oregon 406 U.S. 404 (1972) Volokh, Eugene wrote: The better analogy would be to federal-but-not-state prohibitions that persist even

FW: The REPUBLICAN ... from New York.

2007-07-29 Thread Volokh, Eugene
: Wednesday, July 25, 2007 6:54 PM To: Volokh, Eugene; List Firearms Reg Subject: RE: The REPUBLICAN ... from New York. The simple conclusion is a state infringing RKBA means its militia is not well-regulated according

RE: The REPUBLICAN ... from New York.

2007-07-28 Thread Volokh, Eugene
. Therefore, any assertion of a right is to be construed as restricting government powers to the narrowest extent the language allows, and that includes all governments the language does not forbid it to be applied to. Q.E.D. Volokh, Eugene wrote

RE: The REPUBLICAN ... from New York.

2007-07-28 Thread Volokh, Eugene
/ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Wednesday, July 25, 2007 1:40 PM To: List Firearms Reg Subject: RE: The REPUBLICAN ... from New York. By the way, here's one

RE: The REPUBLICAN ... from New York.

2007-07-25 Thread Volokh, Eugene
who, IIRC, took the view that the Second restricted both levels of government? Volokh, Eugene [EMAIL PROTECTED] 07/25/07 3:40 PM By the way, here's one reason that Barron strikes me as an entirely correct given the original understanding: *** Madison

RE: The REPUBLICAN ... from New York.

2007-07-25 Thread Volokh, Eugene
. In fact, outside Barron and its progeny, this may have been the dominant view but I haven't read enough of those cases to say for sure. Volokh, Eugene [EMAIL PROTECTED] 07/25/07 2:11 PM Joe: I'm puzzled -- isn't it clear that before the Fourteenth Amendment, the dominant view

RE: The REPUBLICAN ... from New York.

2007-07-25 Thread Volokh, Eugene
Recall that Barron rested on the view -- in my view, a correct reading of the original meaning of the Bill of Rights -- that none of the rights in the federal Bill of Rights applied to the states. This is quite consistent with the notion that some of the rights are natural rights; it just

RE: The REPUBLICAN horse's ass from New York.

2007-07-25 Thread Volokh, Eugene
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 decisionmaking (at least setting aside conflicts with federal

RE: The Republican candidate from New York.

2007-07-25 Thread Volokh, Eugene
By the way, I just noticed the subject line of the earlier post -- folks, let's please keep things on a thoughtful, academic level. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Wednesday, July 25, 2007

Regulations describing how information -- including mental illness adjudication information -- is to be gathered for NICS

2007-04-30 Thread Volokh, Eugene
Sorry if this has already been discussed on the list, but could someone point me, please, to the specific regulations or other documents describing how information -- including mental illness adjudication information -- is to be gathered for NICS? As you might gather, I'm trying to figure

RE: To Serve and Protect

2007-03-26 Thread Volokh, Eugene
Folks: Just a reminder that the focus of this list is the law and policy of firearms regulation, discussed on a level helpful to people doing academic research in the field. General questions of police misconduct are not, it seems to me, squarely on-topic (though I realize that they're

Materials on the D.C. Circuit Second Amendment case

2007-03-09 Thread Volokh, Eugene
I thought I'd take the liberty of passing along a pointer to our Volokh Conspiracy comments on the D.C. Circuit Second Amendment case -- some are squarely on the law, and others discuss some political matters related to the decision. They should all be available at

New York Times forgets Emerson

2007-03-09 Thread Volokh, Eugene
http://volokh.com/posts/1173482774.shtml [Eugene Volokh, March 9, 2007 at 6:26pm http://volokh.com/archives/archive_2007_03_04-2007_03_10.shtml#11734827 74 ] Trackbacks http://www.technorati.com/cosmos/search.html?rank=url=http%3a%2f%2fvol

Free State, Straight Outta Blackstone

2007-03-09 Thread Volokh, Eugene
I quickly cobbled this together in response to the free state just means state of the union, free from the federal government argument -- can anyone point me to a more thorough analysis of this particular terminological point? Thanks, Eugene

Employee Gun Possession (Outside Employer Property) Presumptively Protected Against Employer Retaliation?

2007-02-22 Thread Volokh, Eugene
http://volokh.com/archives/archive_2007_02_18-2007_02_24.shtml#1172173543 [Eugene Volokh, February 22, 2007 at 2:45pm http://volokh.com/archives/archive_2007_02_18-2007_02_24.shtml#1172173543 ] Trackbacks

Query about laws requiring gun possession

2007-01-16 Thread Volokh, Eugene
Alan Korwin ([EMAIL PROTECTED]) asks: Request for info: Kennesaw, Georgia was first, in 1982, to pass a law requiring homeowners to keep a gun handy. Other cities followed suit. I believe Virgin, Utah has one, and I recall hearing of others. Now Glenn Reynolds, the famous law prof at U.

Wash. Sup. Ct. on the Second Amendment

2006-12-01 Thread Volokh, Eugene
http://volokh.com/archives/archive_2006_11_26-2006_12_02.shtml#1165014698 [Eugene Volokh, December 1, 2006 at 6:11pm http://volokh.com/archives/archive_2006_11_26-2006_12_02.shtml#1165014698 ] 0 Trackbacks http://volokh.com/posts/1165014698.trackbacks.shtml / Possibly More Trackbacks

RE: Oh Canada!

2006-11-25 Thread Volokh, Eugene
Has innocent until proven guilty been a fundamental principle for purposes of *bail* determinations? As I understand it, there have long been presumptions that certain crimes (e.g., capital offenses) are unbailable; this sounds like an extension of those presumptions, but nothing terribly

RE: Fw: Duty not just to rescue but to defend implicit in militiaduty

2006-11-22 Thread Volokh, Eugene
Folks: Let's stick with the law and policy of firearms regulation; and let's also recognize legal terms when we see them (since this is a list on which legal discussions are quite important). Duty is a word that has (at least) two meanings; it can mean either moral obligation or legal

RE: Fw: Duty not just to rescue but to defend implicit in militiaduty

2006-11-22 Thread Volokh, Eugene
Folks: The purpose of this list is to provide helpful information to list members for the purposes of their academic work. It's thus especially helpful if people's comments focus on subjects on which they have expertise. At least, if people want to express tentative opinions on subjects

RE: Duty to Rescue and Concealed Carry

2006-11-21 Thread Volokh, Eugene
I read the paper, and found it very interesting. But I'm pretty sure that a duty to rescue doesn't require armed citizens to intervene with their arms; the duty to rescue requires only essentially risk-free rescues, and while a concealed gun would surely make many rescues much less risky, I

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