The Peculiar Story of United States v. Miller: ...This essay suggests
the conventional wisdom is only half-right, because Miller did less than
generally supposed. Part I presents a brief historiography of Miller.
Part II recounts the history of the case. And Part III analyses Miller
in light of its history. This essay concludes Miller is coherent, but
largely irrelevant to the contemporary debate over the meaning of the
Second Amendment. Miller was a Second Amendment test case, teed up with
a nominal defendant by a district judge sympathetic to New Deal gun
control measures. But the Supreme Court issued a surprisingly narrow
decision. Essentially, it held the Second Amendment permits Congress to
tax firearms used by criminals. While dicta suggests the Second
Amendment guarantees an individual right to possess and use a weapon
suitable for militia service, dicta isn't precedent. In other words,
Miller didn't adopt a theory of the Second Amendment guarantee, because
it didn't need one. (Dicta are commentaries by judges that do not form
part of the actual judgment.)
http://kotv.images.worldnow.com/images/incoming/PDF/0801/Law%20Review%20US%20v%20Miller.pdf
---
John Lott on Philadelphia: Philadelphia had 406 homicides in 2007, and,
at 28 per 100,000 people, it also had the highest murder rate of any
major city in the United States. No wonder Philadelphians want things
done. Recently, the city focused on a new tragedy, the murder of a
12-year police veteran and father of three, Sgt. Stephen Liczbinski, by
three bank robbers with long, violent criminal records...This debate
might make more sense if there were some evidence that the Federal
Assault Weapons Ban lowered crime rates, but all the published academic
studies by criminologists and economists find that neither the initial
ban in 1994 nor its sun-setting in 2004 changed rates of murder or other
violent crimes. Similarly, there is no evidence that state bans have
mattered...
http://www.lewrockwell.com/lott/lott62.html
---
National-Park Carry Rules Would Affect States Differently: ...With
concealed firearms banned in North Carolina state parks by state law,
gun rules would likely stay the same in parts of the Great Smoky
Mountains National Park and the Blue Ridge Parkway. Park service
officials are waiting until the close of the public comment period on
June 30 before taking a stance on the proposal. However, they can
foresee complications in changing the rules, especially in places like
the Parkway or the Smokies that encompass multiple states with differing
gun laws...
http://www.citizen-times.com/apps/pbcs.dll/article?AID=200880525024
---
Pennsylvania Businesses Ban Guns?: The Police Department has been
querying businesses to see where people are allowed to carry weapons,
and where it is prohibited by company policy. The query follows an
incident in which a dozen customers at Old Country Buffet were
questioned by police for openly carrying guns. One person was detained
and his gun confiscated. To Chief Stadnitski's surprise, the response
from business owners has been overwhelmingly against allowing
gun-carrying patrons in their establishments... (As I recall the
incident, the restaurant had no problem with armed patrons.)
http://www.thetimes-tribune.com/site/news.cfm?newsid=19718990&BRD=2185&PAG=461&dept_id=415898&rfi=
---
Texas College Banned Empty-Holster Protest: A college violated some
students' constitutional rights by not allowing them to wear empty gun
holsters as part of a nationwide protest over campus bans on concealed
weapons, a student claims. Brett Poulos said that although he asked
permission before last month's demonstration, a Tarrant County College
official said empty holsters could not be worn anywhere on campus.
Poulos said he was told students could protest only in the "free-speech
zone" - a 12-by-12-foot concrete platform. "It was really upsetting to
me because they wouldn't provide me a reason," said Poulos, 20, of
Arlington. "And I've never seen anyone protest there. I've seen people
pass out flyers and demonstrate on campus. Mine happens to be a protest
over firearms, and I guess he disagreed with it personally."
http://www.chron.com/disp/story.mpl/metropolitan/5799126.html
---
Georgia Dealer Stands Firm Against Bloomberg: A pair of binoculars is
always on the ledge of a window that offers a view from Jay Wallace's
office to the sales floor of Adventure Outdoors in Smyrna. He uses them
to keep an eye on both customers and employees. "I'm proud of how I run
my business," Wallace said. But on Tuesday he'll be in a New York
courtroom, defending Adventure Outdoors against accusations that it is a
"rogue" gun dealership that paid scant attention to whether weapons were
sold only to those who could legally have them. A civil lawsuit contends
Adventure Outdoors has helped fuel the so-called Iron Pipeline of
firearms from the Southeast to New York...
http://www.ajc.com/metro/content/metro/cobb/stories/2008/05/24/guns_0525.html
---
Obama's Remarks Prompted Car Dealer's Gun Offer: Ever since he announced
his gas-or-gun promotion a week ago, cars and trucks have been flying
off the lot of Mark Muller's dealership in Butler, Mo. After all, who
hasn't heard of the stunt by now? ...There's the politics behind it.
Muller claims his gun offer is a direct response to that remark Barack
Obama made at a San Francisco fundraiser in the lead-up to April's
Pennsylvania primary...But Muller is still plenty sore. It's not that he
clings to guns and religion. But being a resident of rural middle of
America, let's just say he embraces both in a firm fashion...
http://www.kansascity.com/news/local/story/635744.html
---
With Friends Like These...: ...I don't know whether the American Hunters
& Shooters Association is a good organization or a bad one. What I found
interesting was its willingness to say what many "pro-gun" Kentuckians
like me think about this endless debate: that we need some intelligent
compromises to protect responsible gun ownership and make communities
safer. Many law-abiding Kentuckians want guns for self-defense or farm
use, or because they enjoy shooting, hunting or collecting. Or they
believe that America would be less safe if responsible, law-abiding
citizens were disarmed. Members of the NRA and similar groups are
generally the most responsible gun owners and shooters out there...
http://www.kentucky.com/779/story/414808.html
---
The Price of Freedom: How much is freedom worth to you? For Derek
Hoskins, freedom is worth at least $650 each month. That's how much he
pays for gas so he doesn't have to live in his native state of
Massachusetts. Hoskins couldn't stand the gun laws in the state, so he
moved to New Hampshire. And he's not alone. The Boston Globe reports the
state has lost more than 300,000 residents this decade, and one in three
people born in the state no longer live there. The only reason the state
has seen a modest population increase is because of the number of
immigrants who have moved in. The anti-gun and anti-freedom policies of
the state are not only driving people away, they're putting the state in
the position of not being able to afford its Nanny State mandates...
http://www.nranews.com/blogarticle.aspx?blogPostId=400
---
Oops, Wrong Wife: Authorities say they don't plan to charge a man who
shot another man who tried to hit his estranged wife with his truck. The
coroner's office told WSPA-TV that 36-year-old Kenneth Ross Jr. of Greer
was shot several times early Saturday morning and died at the hospital.
Deputies say Ross confronted his estranged wife and a male friend at her
Spartanburg home and tried to hit the woman with his truck, but struck
her car instead. Authorities say Ross then started coming toward his
estranged wife. The man got his gun and ordered Ross to stop. Deputies
say Ross kept getting closer, so the man fired. Investigators say they
consulted with prosecutors and decided not to charge the shooter because
he was acting in self defense.
http://www.aikenstandard.com/m1031-BC-SC-ManShot-05-24-02212008-05-25T01-31-44
---
Last Bianchi Cup Match Has Been Held: Pistol shooting enthusiasts and
professionals from around the globe will holster their guns for the
final time in the Bianchi International Speed Event competition on
Saturday. The speed event is the final competition of the 30th Annual
National Rifle Association Bianchi Cup National Action Pistol
Championship... (I assume that the competition has been terminated
because the facility which hosted it, the Chapman Academy of Practical
Shooting, has been shut dwon.)
http://www.columbiamissourian.com/stories/2008/05/23/pistol-championship-draws-contestants-around-world/
--
Stephen P. Wenger, KE7QBY
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
