Brady Bunch Endorses Self-Defense

Michigan man shoots at five would-be robbers who accosted him in his driveway. Which would be illegal under the new Chicago gun regulations. Peter Hamm of the Brady Bunch says it was justified.

Alphecca:

Well that’s a Kodak moment. Of course, if it were left to the Brady Bunch, the hurdles to legal gun ownership would be so difficult that only movie stars and politicians could jump them. AND, all you could own is, maybe a .22 or an Airsoft rifle.

A lot more on the contradictions inherent in Brady Bunch positions from Linoge.

Only Bacon Could Improve This

Proficient firearm handling, high quality video, and Johnny Cash for a soundtrack. Only the addition of bacon could make it better. H/T ENDO

Shooting Guns Out of Hands

Shooting a gun out of someone's hand or "shooting to wound" is a bad idea for a number of reasons. Yet the New York State Assembly was trying to mandate that officers do just that.

Commissioner Ray Kelly invited City Council members to the range to show them how hard it is to do what they are considering.

This is what it comes down to when people who know nothing about guns try to write laws to govern them.

In related news, microstamping just passed the Assembly.

UK Spree Shooting

PDB has some thoughts on the spree shooter in the UK. Guy ran around with a shotgun for three and a half hours capping people. While the gutless bobbies followed him around and didn't engage him.

The police aren't responsible for your safety. You are. Carrying isn't a cure-all, but it sure helps.

Restaurant Carry

First Virginia (takes effect 1 July) and now Tennessee passes restaurant carry reform.

Over the governor's veto.

Again. (H/T Sebastian)

Gun Show "Loophole" Bills Update

As Sebastian notes, a measure to close the "gun show loophole" failed in the House Militia, Police and Public Safety Subcommittee. Though this was not the only legislation trying to shut down private sales at gun shows, it likely means that the effort is dead this year.

HB1234, the bill that was voted down, and SB595, its Senate companion, have a very broad definition of "firearms show vendor" that included anyone who sold any firearm at a gun show, including in the parking lot outside. This was likely prompted by the 20/20 segment where Omar Samaha was able to buy a gun in a gun show parking lot. Good riddance.

However, HB520 is still sitting in the same subcommittee. It requires anyone who arranges for a fixed location from which to sell, transfer, or exchange firearms at a gun show to have a Federal Firearms License (FFL). This isn't a sea change - I'm pretty sure most people with booths have FFL's already. However, it requires anyone who sells three or more firearms, regardless of having a booth or not, to have an FFL. While I think that the gun show push is an uphill one, this bill has an incrementalist approach that gun rights supporters need to watch out for.

As always, the VCDL Legislation Tracking Tool is a good place to keep an eye on these things.

Virginia Church Carry Ban

One of the proposed bills (HB 106) in the Virginia legislature repeals both the restaurant carry ban and the ban on carrying a concealed handgun at a house of worship where services are occurring "without good and sufficient reason."

When I teach my legal seminars, I am up front about the church carry ban. I have no idea what constitutes a "good and sufficient reason." Neither does anybody else.

I strongly suspect that this is a variation of the "Black Codes" that Uncle and Thirdpower are highlighting. The Black Codes kept Blacks disarmed in the South after Reconstruction faded away. Georgia was one of the first states to offer a handgun carry permit - an excellent way to restrict who was carrying based on race. Bans on carrying to church grew out of the fact that once Blacks had guns, the Klan wanted a place where Blacks could be assembled and disarmed.

I've wanted to find the legislative history on this statute for a while and write a law review article on how its discriminatory nature makes it unconstitutional. I'd be happy if they just repealed it instead.

Good Year for Gun Rights

With a gun freedom-friendly governor in office and a bevy of gun bills (both good and bad) this year promises to be an interesting one in Virginia gun legislation. The Virginia Citizens Defense League (VCDL) has a handy legislation tracker here.

Roundup on VCDL Lobby Day

Sailor Curt has a roundup of the 2010 Lobby Day in Richmond. With a gun-friendly majority and McDonnell in office, I hope for a good year in Virginia gun legislation.

Indiana Parking Lot Bill

Indiana has a bill pending that would allow employees to keep a firearm in their car on the employer's parking lot. Caleb has the rundown with some relevant links from Oklahoma, Florida, and the Department of Labor.

Weapon of Mass Destruction or Sawed-Off Shotgun? Yes!

Tam has a post up on the somewhat goofy terminology statutes use to define explosives. A man in Arkansas set off a car bomb and was charged with use of a "weapon of mass destruction." Same with the Undie-Bomber. No nukes involved in either case.

I'll give you one better. North Carolina defines a litany of things as a "weapon of mass destruction" - including short-barreled rifles and shotguns. It's not a post-9/11 development, either. Here's a pre-9/11 case interpreting the statute on appeal.

Mayor Bloomberg's Blueprint for Gun Control

Pretty scary stuff - Bloomberg's plan is to push the regulatory powers over firearms to the max, which doesn't require a vote in Congress. Via Sebastian at Snowflakes in Hell.

Barista pulls gun on would-be robber

Don't mess with this barista. Video at the link.

Security Guard Attacks Open Carrier

Yes, you read that right. An open carrier in Georgia gets attacked by a security guard at a big box store. The OC'er promptly knocked out the guard and the cops show. Reading through the posts (so you don't have to) the OC'er won't be charged with anything.

Back to the blog!

I've been away from the blog for a while - my day job kept me away - but I'm back.

Med Student Kills Thief with Samurai Sword

Yes, you read that right. Go check out this post at the lawblog The Volokh Conspiracy and read the comments. Best one so far:

"I would charge him with being unbelievably awesome. The penalty would be appearing in a movie based on his exploits."

Self-Defense and Negligent Discharge Stories

A South Carolina resident gives his story on how a Glock 27 saved his bacon here. Pretty good write-up, warts and all. (H/T Sebastian)

Two men involved in a negligent discharge at a gun show get community service.

North Carolina case: would-be burglars chased off, man who fires shots at them as they are leaving is cited for discharging a firearm within city limits.

IDPA Indoor Nationals

Here's a Shooting USA clip on the 2008 Smith & Wesson IDPA Indoor Nationals. Great low-light scenarios every year at this match.

Asserting Your Rights

The excellent Flex Your Rights organization spells it out. Text at the link, video below:

Why You Shouldn't Talk to the Police

Here's a good law professor-cop duo spelling it out for you.