Wilmington Housing Authority Gets Sued

There’s been pressure put on the Wilmington Housing Authority trying to get them to remove the gun ban language from their leases. It would seem that asking nicely didn’t work, so NRA is filing suit against them.

This sort of ties into the previous post about privilege vs. right. Obviously no one has a right to live in public housing either, really. But how much of a condition may the government impose? If it’s ruled that public housing bans are unconstitutional, it would give more ammunition to a case like the one in the previous post.

Banning Guns in a Household as Probationary Condition

Eugene Volokh links to an interesting case in California:

The prosecution had asked that Javier be placed in a juvenile “camp,” “placement in light of appellant’s gang involvement and prior history,” but the juvenile court sentenced Javier to probation and “house arrest” but with a condition: “I want no weapons anymore at your house. Dad, I’m sorry, no weapons, none.” (This apparently referred to “guns or other deadly or dangerous weapons.”) And the Court of Appeal upheld this, on the grounds that this was “reasonable in light of the facts that appellant was on probation at the time of the charged offense for possession of a firearm and had admitted to participating in gang activity.”

This is a difficult question, as to whether this would be constitutional. What makes it questionable is the voluntary nature of the probation. The father could presumably retain his rights and let the kid serve a sentence in juvie. You have a right to a gun, but you don’t have a right to probation. How much can the court condition the exercise of a right on receiving a privilege from the state? One useful way to look at how we condition rights on other state privileges, like free speech for example, versus holding a government job.

This is especially true if you look at this in the free speech context. In some of the Court’s early free speech cases, the courts were pretty deferential to government conditioning the job privilege on limiting free speech rights, with Oliver Wendel Holmes saying, “There may be a constitutional right to talk politics, but there is no constitutional right to be a policeman.”

But modern free speech doctrine does protect a government employees right to free speech. In later cases, beginning in 1967, the Court extended protections for the speech of government employees when they speak on matters of public concern. But it’s important to note that the speech of government employees still does not enjoy the same protections, in terms of the government being able to fire you, that you would enjoy as a private citizen. The government can still fire individuals for certain exercises of what would normally be free speech.

Applied to the gun context, it would seem that the government couldn’t condition not owning a gun in exchange for the privilege of a government job. It strikes me that a probation case involving a juvenile isn’t really that clean an analogy, especially when it was a firearm involved in the original offense. I suspect something like this wouldn’t be constitutional under all circumstances, but under some it might be. This one might be.

Small Victory for PA Gun Clubs that Serve Food

SB 828, the bill to exempt non-profit, home preparation of certain foods from inspection requirements, has passed the House and Senate and is on its way to Governor Rendell for signature. It’s being reported in the Beaver County Times, but it does exempt Sportsman’s clubs in the bill specifically, in addition to any 501(c)(3).

My club shut down its kitchen a long time ago because of the problem of public health inspection. Clubs similarly situated should be able to reopen without running afoul of state law, or having to undergo licensing and public health inspection. It was is rather silly to require this anyway. It’s a private club, not a commercial kitchen, and most gun cubs do not operate kitchens for profit, but rather for convenience.

UPDATE: Looking at the bill a bit further, the exception is fairly limited. It only applies to food made in private homes, and then only foods not deemed potentially hazardous. I was hoping this was a broader exemption, but it would appear to not apply to club kitchens. But it does exempt food made at home, provided they are not potentially hazardous. If you look at the definition for “potentially hazardous,” it’s a relatively simple definition involving charts and tables.

So this really doesn’t exempt much. But there are at least some foods that would be exempt, like baked goods. I’ve altered the title to reflect reality. Sorry for jumping the gun on this one. Originally this bill was much better than it ended up.

Commonwealth Club of California Holds OC Forum

I’m kind of boggled why California has something called the “Commonwealth Club”, when only Pennsylvania, Virginia, Kentucky and Massachusetts go by that title, but they are holding a forum on the open carry issue generally, and the bill to outlaw it specifically, in both San Francisco and the second in Lafayette. See the link if you’d like to attend.

What Not to Do

Shooting at fleeing suspects is generally going to get you into a lot of trouble, as this guy in Oregon just discovered. Oregon does permit one to use deadly force to stop a felony, but only while it’s attempting to be committed. Once the felony is already carried out and the perps are fleeing the scene, you can’t shoot to prevent flight unless you’re a police officer.

Miracle Cures

SayUncle wonders why with all the press about miracle cures, life is still pretty much putting up with horrible diseases until finally one kills you. I actually most like this explanation for how these stories end up in the media, from the comment section over at Uncle’s. I don’t blog much about work topics, mostly because they pay me to make computers solve drug discovery problems, and I don’t like mixing work and hobby. But I can speak on this topic a bit.

The short answer is that taking breakthrough scientific discoveries and turning them into a pill your doctor can prescribe you is a very difficult, long path that spans more than a decade typically, and that assumes you’re successful in the end, which you probably won’t be. As much as libertarians will want to blame the FDA for this, the FDA isn’t really entirely responsible for this state of affairs. That’s not to say the FDA is blameless, but, for the most part, the problem is rooted in the fact that most of the easy drugable targets have been hit already, and what the industry is left with are harder problems.

Moreover the current industry paradigm for discovering drugs is poorly suited to more difficult targets. The best way I can put it is that if our industry built airplanes, we’d throw thousands of workers at the problem, without too much of a plan, assembling parts and hurtling them up in the air to see if they flew. Do that enough, eventually you’ll probably get some hastily assembled hunk of metal to fly for a bit. But it’s not very efficient at getting a final product. When the industry was hugely profitable, and easy targets were plentiful, this was a successful model. When the problem got harder — we not only need planes that can glide for a bit, we need jetliners — that method no longer works. The problem is, the industry is just starting to figure this out, but they don’t have a paradigm to replace it yet. We still don’t really know how to build airplanes in a systematic way, going back to the analogy.

There have been companies that have developed a more systematic way to discover new compounds that can hit more difficult targets. I currently work for a company that is trying to do drug discovery using supercomputers (which is where I come in). But even doing things this way just offers you a better chance at success. It doesn’t automatically make getting a pill your doctor can prescribe you an easy problem. In the mean time, the industry is in the process of imploding, as patents run out and pipelines dry up. There aren’t enough new drugs to replace what’s going off patent, and that is going to have an effect on research into new drugs.

So where does the FDA come in? The FDA approval process is a significant reason why investigational new drugs fail. Most of the times drugs fail this process, it’s for good reasons, like a really poor side effect profile, which is a nice way of saying the drug slowly cooks your liver, or damages your heart (think Vioxx). Other reasons are that they aren’t efficacious. And having watched this process happen, I can tell you if the FDA approval process, or something like it, weren’t in place, the industry would put drugs on the market that kill people. Not because we’re evil, but because it’s relatively easy to convince yourself of things that aren’t necessarily true, fail to do the right tests, and overlook things. The problem with the FDA is they’ve take their primary role and taken it way beyond basic safety and efficacy. The joke is you couldn’t get Tylenol approved today (toxic to the liver in doses not much higher than the therapeutic dose) nor could you get Aspirin (promotes gastrointestinal hemorrhaging) approved, even though both are generally regarded as safe by the FDA. To me the FDA’s role is essentially to prevent fraud — if you’re marketing a drug to do X, and saying it’s safe and effective, you need to prove that first. Obviously a drug that fries your liver shouldn’t be acceptable. But there are many cases where the FDA is taking their mission way beyond what’s good for society as a whole, and are erring way too much on the side of caution. That’s good for covering the asses of bureaucrats, but not too good for getting life altering and life saving treatments into people’s hands.

Who’s Packing in Philly?

Philadelphia Weekly has a pretty good article on who’s packing in Philly, featuring Dan, who went down with us to Charlotte:

Dan Pehrson rolls up to 1 Shot Coffee, a cafe in Northern Liberties, on two wheels, much like many of his environmentally conscious urban peers. He’s just the type of patron this establishment is accustomed to serving. The 28-year-old computer programmer is cool, calm and collected. And his look—blazer, jeans, sneakers, black-rimmed eyeglasses, hair tussled and neat at the same time—say hipster all the way. Pehrson, who lives in the Art Museum area, appears and acts much like everyone else at the coffeehouse. The fact that there’s a deadly weapon under his shirt seems to have no bearing on the way he carries himself. Truth be told, he wears his gun about as well as he rocks his navy blue blazer.

It’s a very good, fair and balanced article, though I’m amused by the hipster description. I’ll have to buy Dan a PBR next time I see him. I would note that they use stock footage. None of those people I think are the people in the pictures.

Public Accommodation Laws in California

David Bernstein has an interesting post on how far California has taken its public accommodation laws, and offers this example:

There is a German restaurant called the Alpine Village Inn, in Torrance California. A group of four neo-Nazis went there to eat, each wearing a lapel pin with a swastika on it. The management asked them to take off the lapel pins. They refused. The management asked them to leave. They refused. The management called the police, who arrested them.

Then, remarkably, the Southern California ACLU gets involved, and sues the restaurant for calling the police on the Nazis! This much I’ve confirmed from media accounts. According to the commenter who first alerted me to this story, “the defendants’ insurer eventually settled following unsuccessful pretrial challenges to the complaint, believing they could not prevail under California law!”

The lawsuit was brought under California’s Unruh Act, which provides that “all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever.” The California courts have held that the protected classes delineated by the Act are not exclusive; the Act also protects arbitrary discrimination by a business establishment based on similar characteristics to the above. Apparently, the insurer thought that “political views” was sufficiently similar to “religion” that the courts would likely rule against the insured.

The big question I would have is, could you use the Unruh Act in California to sue California Pizza Kitchen and Peet’s Coffee for their discrimination against people open carrying? It’s hard for me to see how that’s distinguished from neo-Nazis wearing swastikas, except perhaps for open carry being far less disgusting and vile.

I don’t agree with taking public accommodations this far at all, but the left has made this system. I see no reason why we shouldn’t use it against them so long as it prevails.

Who to Watch Out For

Arma Borealis notes from his time in Afghanistan:

On a personal note, the author’s observations about the Lee Enfield and its usage squares with what I observed in Afghanistan. Don’t worry too much about dudes with AKs; it is the old guy with a bolt gun that you need to be concerned about.

I think this is truth. It’s the guy who aims you should to be afraid of. Prior to the Virginia Tech massacre, Charles Whitman’s shooting rampage from a clock tower at the University of Texas was the largest mass shooting in US history, most of which was accomplished with a Remington 700.