But it is not constitutional to legislatively disable the RKBA
for persons convicted of a violent felony, which is what 18 USC 922
does. The disablement needs to be explicit in the sentencing order, as
part of the penalty, and the need for it separately proved to the
jury, beyond a reasonable
Absolutely correct. There are no bad things, only bad people who misuse
soulless, brainless neutral objects. The felon ban is less objectionable than
trying to determine which "arm" is the "assault weapon" of the moment.
Constitutional right cannot depend of fads in criminal misuse. Given ti
-Original Message-
>From: Jon Roland
>Sent: Jun 7, 2009 11:06 PM
>To: "Daniel D. Todd"
>Cc: Firearms Reg
>Subject: Re: Volokh: California Court of Appeal Upholds Ban
>
>The only standard for being too "dangerous and unusual" would be
>exce
The only standard for being too "dangerous and unusual" would be
excessive risk to the user or bystanders against whom it is not
directed. Anything the effect of which is confined to its target has to
be regarded as acceptable. All the rest is misdirection that depends on
the use of the weapon
__
From: Jon Roland
To: Daniel D. Todd ; Firearms Reg
Sent: Sunday, June 7, 2009 7:32:03 PM
Subject: Re: Volokh: California Court of Appeal Upholds Ban
We need to emphasize at every opportunity that it is "common use"
mainly by the military, m
We need to emphasize at every opportunity that it is "common use"
mainly by the military, more than by civilians.
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/299-5001www.constitution.org
nt: Sunday, June 7, 2009 5:30:00 PM
Subject: Re: Volokh: California Court of Appeal Upholds Ban
Not to make too much of the obvious, but shouldn't the government have
the burden to show the firearm proposed for banning is being used in
destructive ways in the US and these ways are significan
Not to make too much of the obvious, but shouldn't the government have
the burden to show the firearm proposed for banning is being used in
destructive ways in the US and these ways are significantly more so than
other firearms? Or, at least, show that this firearm has the potential
for being so u
if you take this to the next level a "common use" law could preclude
the introduction of any new cartridge or even any new weapon using an
existing cartridge.
This
is why it is necessary for those knowledgeable about "arms" to develop
an acceptable taxonomy to help the courts in determining what
n
Roland
Sent: Friday, June 05, 2009 7:44 AM
To: C. D. Tavares
Cc: Firearmsregprof
Subject: Re: Volokh: California Court of Appeal Upholds Ban
C. D. Tavares wrote:
No, what [the Supreme Court in Miller] ruled was that because they had
no evidence that a sawed-off shotgun contributed to the p
Raymond writes:
> The military in WWI used, and today still uses, short-barreled shotguns,
"trench brooms", etc.
> but they were not sawed-off.
I think that barrel length is the important metric, and that
"sawed-off" is a general term meaning the barrel was shortened after
manufacture. S
ginal Message-
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Thursday, June 04, 2009 5:21 PM
To: 'firearmsregprof@lists.ucla.edu'
Subject: RE: Volokh: California Court of Appeal Upholds Ban
My
la.edu] On Behalf Of Jon Roland
Sent: Friday, June 05, 2009 7:44 AM
To: C. D. Tavares
Cc: Firearmsregprof
Subject: Re: Volokh: California Court of Appeal Upholds Ban
C. D. Tavares wrote:
No, what [the Supreme Court in Miller] ruled was that because they had no
evidence that a sawed-off shotgun cont
C. D. Tavares wrote:
No, what [the Supreme Court in Miller]
ruled was that because they had no evidence that a sawed-off shotgun
contributed to the preservation and efficacy of the militia, it was the
job of the subsidiary judge to stop throwing the case out of court on
first principles, and pr
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
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
The NYPD and LA PD SWAT teams both use Barret .50 BMG rifles. So I guess state
law should follow the federal .50 caliber max regulations. .50 BMG is in common
use by police departments on both coast.
Dean
Conceding in advance the futility of this suggestion (it is too simple
andreasonable),
ugene; firearmsregprof@lists.ucla.edu
> Subject: RE: Volokh: California Court of Appeal Upholds Ban
>
> To say that something is not implausible is not saying much. Policy should
> be based on something more.
> What is the evidence that licensed carry holders, in any significant number,
&
ugene
Sent: Thursday, June 04, 2009 4:34 PM
To: 'firearmsregprof@lists.ucla.edu'
Subject: RE: Volokh: California Court of Appeal Upholds Ban
I agree that people with concealed carry licenses have apparently
proven themselves to be quite law-abiding, though that was hardly obvious
when
; firearmsregprof@lists.ucla.edu
> Subject: RE: Volokh: California Court of Appeal Upholds Ban
>
> If the people are law abiding (licensed to carry by the state) what is there
> to be realistically afraid of? In Texas one does not have to have a felony
> conviction to be denied a license
9 11:44 AM
To: 'firearmsregprof@lists.ucla.edu'
Subject: RE: Volokh: California Court of Appeal Upholds Ban
I'm a supporter of gun rights, but surely there's nothing that odd
about people being afraid of law abiding citizens with guns (and even more
so about convicted fe
On Thu, 04 Jun 2009 10:28:36 -0700
John Briggs wrote:
> Henry E Schaffer wrote:
>
> > Not very realistic, IMHO. But what should be the dividing line
> > between realistic and unrealistic?
> >
> > ...
> > There is a continuum of rifle performance - a few examples:
> >
> > .30-'06 .300 WinM
Henry E Schaffer wrote:
Not very realistic, IMHO. But what should be the dividing line
between realistic and unrealistic?
...
There is a continuum of rifle performance - a few examples:
.30-'06 .300 WinMag .300 Rem UltraMag .338 LapuaMag .416 Barrett .50 BMG
What should be the di
ent: Thursday, June 04, 2009 8:17 AM
> To: Volokh, Eugene; firearmsregprof@lists.ucla.edu
> Subject: RE: Volokh: California Court of Appeal Upholds Ban
>
> 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 l
Raymond Kessler wrote:
Heller seems to be limited to "weapons in common
use." .50 cal. Rifles are not in common use.
Actually, it doesn't specify in common use by whom. Many read it as in
common use by civilians, but it could just as easily be read as in
common use by military forces, whi
.
-Original Message-
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Wednesday, June 03, 2009 11:33 PM
To: firearmsregprof@lists.ucla.edu
Subject: RE: Volokh: California Court of Appeal Upholds Ban
H
In considering ammunition and firearms that use it let's not forget the
CheyTaC .408,
considered a contender for the role played by the .50 BMG.
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/29
rufx2 writes:
> > Eugene- Person or persons sniping at your house from the property line of
> > your ranch and you can't use a .50 in defense? Wait for them to come closer
> > and use your Heller-Approved handgun?
> > {Cf pdf pages 27 & 37}
Volokh replies:
> Hmm -- how realistic is it to expect
armsregprof-boun...@lists.ucla.edu [mailto:firearmsregprof-
> boun...@lists.ucla.edu] On Behalf Of rufx2
> Sent: Wednesday, June 03, 2009 9:13 PM
> To: firearmsregprof@lists.ucla.edu
> Subject: RE: Volokh: California Court of Appeal Upholds Ban
>
> Eugene- Person or persons snipi
Eugene- Person or persons sniping at your house from the property line of
your ranch and you can't use a .50 in defense? Wait for them to come closer
and use your Heller-Approved handgun?
{Cf pdf pages 27 & 37}
-Original Message-
From: firearmsregprof-boun...@lists.ucla.edu
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