Circular Reasoning

Looks like Wayne Fincher appealed his case based on Heller, and lost, based on the reasoning that machine guns, which are banned, aren’t in common use, which makes their being banned constitutional.

Lots of back and forth in the comments about the absurdity of the ruling.  I agree with folks that the “common use” test proffered by Heller is insufficient, but I think a way around it, without having to blatantly overrule it, is to suggest that one must look at police use, when determining whether an arm in question is protected.  If an arm in question is of a type that is part of the ordinary equipment of police work, it must necessarily be protected by the second amendment.  Of course, this doesn’t necessarily get you machine guns, as I’m not certain whether machine guns are common police equipment.  But it does get you out of the trap where the government could prohibit or frustrate commerce in new arms technology before it becomes “common” and then not worry.  If it’s a useful instrument for self-defense, police departments will probably pick it up, and it will become common.  Note that I don’t think you have to show that every patrol car has one, just that it’s not unusual, or unheard of.

Gun Theft Ring Busted in New Jersey

A couple of New Jersey cargo handlers, working for FedEX, were busted by the feds for stealing guns being shipped to a New Jersey based importer.  The guns were sold on the streets of Newark, East Orange, and Jersey City.

Surely Bryan Miller will find some way to pin this on Pennsylvania’s lax gun laws.

More Lead Issues

This time in the Hartford Courant.  Let me ask you folks this: Do you think Barack Obama’s EPA is going to work cooperatively with shooting ranges to help ranges minimize their environmental impact?  Or do you think Obama’s EPA will use lead contamination as an excuse to shut ranges down?  Think about that come November.

More Trouble for Blue Trail

Blue Trail is the last public outdoor range in Connecticuit.  It would be a horrible loss to the shooting community to lose it.  After bringing in experts to verify that the houses that claimed to be hit could not have been, it would seem that developer Pat DiNatale is taking up a new approach: lead.

What’s most curious to me is that the picture presented here looks nothing at all like lead corrosion.  In fact, elemental lead is highly corrosion resistant.  Even strong acids don’t have a large effect on lead.  In addition, oxides of lead are usually white, bright yellow or bright red/orange.  The picture above looks more like corrosion of iron or steel than lead.  Lead is not very soluble in water.  Most of the environmental concerns for lead contamination revolve around the use of lead oxides in things like paints, and lead salts.  Elemental lead is not really very hazardous, and lead contamination from shooting ranges has never been shown to pose a serious hazard.