You are looking for the provisions under the NICS Improvement Amendments
Act of 2007 (HR 2640). This act affects state appeals and federal
appeals of mental health disqualifications.
Last year I wrote of two appeals processes established (BATF and NY
state) which I've pasted below.
NICS
A copy of the Maryland Alert message by Ed Patrick on Oct. 28, 2003
about a speech by Maryland Governor Herbert L. OConor (see
http://www.msa.md.gov/megafile/msa/speccol/sc2900/sc2908/01/000409/html/am409--616.html).
Gov. O'Conor called for volunteers to supply their own arms to guard
It seems that the golfers were arrested pending an investigation that
they acted in self-defense and did not use more force than necessary.
In this, civilian gun users in this country using lethal force alleging
self-defense would likely be treated similarly, not so?
Phil
This is a MIME
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
Non-lethal force? Have star trek's stun guns been developed?
Oh, pepper spray?
As of 1995, the American Civil Liberties Union documented 26
individuals subject to police action who died following exposure to
pepper spray. In none of these cases was pepper spray listed as the
cause of death, but
See
http://www.guncite.com/gun_control_gcnazimyth.html
and
http://www.stephenhalbrook.com/law_review_articles/nazism.nra.pdf
Phil
On Thu, 14 May 2009 16:10:21 -0500
Raymond Kessler rkess...@sulross.edu wrote:
The quote below pops up in the anti-control literature every once in a
while.
You're not going to like it, but (in part) John Lott has performed the
analysis you seek. Additional research questioned his results, but open
minded researchers agree that no increase in violence resulted.
You should contact him directly.
Phil
This is a multi-part message in MIME format.
I'd like to see Congress try such a repeal -- see
http://www.bookrags.com/highbeam/election-98-gun-amendment-handily-wins-19981104-hb/
and
http://www.nytimes.com/1989/04/02/us/amendment-on-gun-curbs-causes-dismay-in-nebraska.html?sec=health
for indications of voter feelings demonstrated in the
None of the responders mentioned the risk of liability on injury to
innocents from handgun rounds penetration and range compared to
shotguns.
Also, the shotgun should have a superior hit probability to the
handgun for those with limited experience. In fact on this list has
been a report
of Law (MS-D2037) f-
651-523-2236St. Paul, MN 55113-1235
c- [EMAIL PROTECTED]
Philip F. Lee [EMAIL PROTECTED] 10/23/08 6:28 PM We know that the
FBI does not report all civilian legal defensive homicides (CLDHs) by
citizens
I'd be interested in this data if you can find it.
Not what you want, but what I've been able to find in my similar
investigation:
The New York City Police Department's Stop Frisk Practices: A Report
to the People of the State of New York, From The Office Of The Attorney
General, December 1,
I meant to tell you about finding the NY Police Firearm Discharge Report
for 2006 posted by the NY Civil Liberties Union at:
http://www.nyclu.org/files/nypd_firearms_report_102207.pdf
I'm sure the NYPD has reports available for other years, but I've not
found them on the web.
Phil
This is a
We know that the FBI does not report all civilian legal defensive
homicides (CLDHs) by citizens by a significant factor. We know the FBI
UCR reports a shooting death by a citizen as a DGU only if there is no
question at the time of the initial investigation by police that the
shooting is
Jon has shared a paper by Reynolds and Denning in this message and
several more in other messages. I'm sure Jon didn't consider the
dispeptic condition these articles would induce for some of us.
In HELLERS FUTURE IN THE LOWER COURTS, Glenn H. Reynolds, Brannon P.
Denning, Northwestern
A week ago Henry Schaffer raise questions concerning shenanigans
related to ballistic fingerprinting. Today the Washington Post
prints an article touching on the reliability of forensic evidence.
The primary case discussed, that of a Baltimore police officer
convicted of killing his mistress
It isn't clear to me whether this part of the comment All I can say is
that I wonder how the gun lobby was able to buy 5 members of the Supreme
Court? is a serious question or how it relates to Herz's article?
If it is a seriously intended question, I believe the questioner has
taken leave of his
Although responding to Greg's message, I will have a comment about one
of Prof. Olson's messages too.
I don't like to think of myself as belonging to ancient history, yet my
life spans a time when whites tried to keep guns away from blacks. In
my childhood home town, a black man (an upstanding
Remember, science has been the subject of ignorant actions by bigots for
centuries -- for as long as recorded history. And scientists have had
to worry about their professional lives, sometimes their physical lives,
for as long as we can point to the existence of science. Copernicus
provides an
When Dr. Wintemute states
(http://content.nejm.org/cgi/content/full/NEJMp0800859?query=TOC) the
30% case fatality rate for 30,674 gunshot deaths and 70,000 injuries in
2005 to compare to fatality rate for motorcyclists (4,553 deaths and
87,000 unintentional accidental injuries according to
Eugene Volokh posted How Wrong Can a Five-Sentence AP Story About Guns
Be? (his blog on September 9, 2006 at 3:27am). The subject AP article
addressed a report by Ceasefire MD titled Every 48 Hours, An Analysis
Of Assault Rifles Traced To Crime In Maryland,
More Florida statistical data on their concealed weapon licensing is
available linked from the page
http://licgweb.doacs.state.fl.us/weapons/index.html
Phil
There are a few more sources of data. Florida reports administrative
actions (including firings as reason for revoking licenses) in
There is a good analysis of the first years of the Texas shall issue
operation with licensees being charged and convicted of crimes by
Sturdevant at
http://www.txchia.org/sturdevant.pdf
and an update at
http://www.txchia.org/sturdevant2000.htm
For a while, Texas and Florida published much data
There are a few more sources of data. Florida reports administrative
actions (including firings as reason for revoking licenses) in their
Newsletters. These newsletters are linked from
http://licgweb.doacs.state.fl.us/news/newsletters.html
Michigan has a summerary report of its CCW program at
Obviously, there are circumstances for which a handgun, a rifle, a
shotgun or even one of these firearms with high capacity magazines are
preferred for self-defense.
Also, obviously, if you are a hunter with a 30-30 and that is the only
gun you have, that is the preferred gun for whatever
Recently, the NRA supported HR2640, the so-call NICS improvement
measure, and CBS News (NRA, Democrats Team Up To Pass Gun Bill,
WASHINGTON, June 13, 2007) and the Wall Street Journal (Uncommon
Harmony: Democrats and NRA Push for Gun Bill, David Rogers, June 13,
2007) gave them credit for
With regard to:
As far as limitations on a right, I agree with him that Just as free
speech has never been regarded as absolute, nor should an individual
right to bear arms be seen as precluding all government regulation. But
then he says, government has a legitimate interest in discouraging gun
No, not a justification for shooting anyone -- perhaps shooting those
close at hand who have previously attacked you with a deadly weapon
which you have now in your possession, and who refuse your lawful
orders consistent with trying to place them under citizens arrest (as
you move away to
Have you searched him to insure he has no deadly weapons at hand?
Police experience with a person with a knife can close a distance of
21 ft. or less and strike a fatal blow before you can stop him with
gun fire from most handguns. That is why they shoot persons with
knives who get too
Excellent except for a common mistake:
By granting legal and moral recognition to the right to keep and bear
arms in the Constitution . . . .
Who granted?
Phil
This is a MIME message. If you are reading this text, you may want to
consider changing to a mail reader or gateway that understands
I can't answer your California law review question, but I'm struck
with how representative Mr. Cornell's writings are of his side of the
debate. Why would he quote an obscure law review observation without
giving a complete reference? And, why do people on that side think
they can get away
A law lecture on the Washington Post editorial page to inform us all.
Phil
A Well-Regulated Right to Bear Arms
By Erwin Chemerinsky
Wednesday, March 14, 2007; Page A15
In striking down the District of Columbia's handgun ban last week, a
federal appeals court raised the crucial constitutional
Furrow also had been a licensed firearms dealer and had been convicted
of a crime of violence which disqualified him to possess firearms. The
police knew of this disqualification, yet did not search his property to
obtain firearms that they could have known he possessed (such as the gun
In any case the militia, like the states, are anterior to and
independent of the Constitution and the states. The clauses you quote
above do not establish the militia (just as the Bill of Rights does
not establish any rights). They merely specify the relationship the
congress will
Our Constitution provides for the control of the militia (in the
historical context the able body citizens not excused service and not in
the government) while in Federal service or while in the service of a
state.
Bands of citizens acting in concert while armed and not acting as our
laws
are
the differences between what they did and what the citizens did in
Northfield too.
I suspect that all the militia groups really don't have any organized
armed drills unless the group is run by the state for legal reasons.
Phil
Philip F. Lee wrote:
The militia is essentially a passive
At the end, the reasoning appears as follows:
If a criminal steals my Glock 22 (a machine gun under DC law) or buys
his own, goes to DC, shoots a DC resident, then that resident (or his
family) have a cause of action against Glock if they can tie Glock to
the weapon used. So, if the criminal
Well -- the statements are close, but there are some essential
differences of nuance.
Schumer says Just as you can't falsely shout fire in a crowded movie
theater, you can put restrictions on who can own guns and how, when,
and where they may be possessed. Notice the shift in person
with
Some more recent data may be found in Appendix A of Commerce in
Firearms in the United States, February 2000 (there through 1998/99).
That report is still available on the ATF web site at:
http://www.atf.gov/pub/fire-explo_pub/020400report.pdf
You'd think a more recent report would have been
Just a layperson's comments.
I'd be surprised if the Secret Service had not been sufficiently
empowered to protect the President and could not legally disarm anyone
in the vicinity of the President. I would not regard such power as
infringing freedom sufficiently to warrent an effort to
Well, Dr(?) Kleiman's following paragraph needs to be reconsidered by
him:
I must say I find the whole tone of this thread rather shocking on a
scholarly list. Some people are married to the idea that gun controls
cause crime. The UK instituted gun controls, and crime fell, according
to the
I'd suggest that the picture of self-defense in Britain is not fairly
represented without discussing the law concerning tools that can be
used for self-defense.
Peaceable citizens cannot carry lock-back knives or firearms for the
purposes of self-defense. In fact, a lock back knife that I
Exactly so.
It seems there isn't an overwhelming flood of safety seeking migrants
wanting to move to Canada from the U.S. Perhaps because they realize
they can have their guns and safety too by living in small towns in ME,
NH, VT, ND, MN, MI or a host of other places (and the delights of
The Canadian violence rate would still be below most areas of the US
(not below those areas where gun ownership is freest (i.e., Vermont,
ND, SD), but not the Canadian suicide rate.
However, what Mr. Lambert tends to ignore is that there is no evidence
for real positive effect from the gun
Professional police forces date from the early 19th Century (1829 in
London, England and 1844 in New York City, US -- see:
http://www.met.police.uk/history/definition.htm
http://www.digitalhistory.uh.edu/historyonline/policing.cfm )
It should be no surprise that citizens would have police
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