Media Hysterics Post Heller

This has to win a creativity award for the most utterly ridiculous gun control proposal I’ve ever seen in my life:

We propose a new way to prod gun makers to reduce gun deaths, one that would be unlikely to put them out of business or to prevent law-abiding citizens from obtaining guns. By using a strategy known as “performance-based regulation,” we would deputize private actors — the gun makers — to deal with the negative effects of their products in ways that promote the public good.

It then goes on to speak of a performance based system where gun makers would be rewarded for drops in gun violence, and penalized for increases in gun violence.  This presumes that there’s anything manufacturers can do about the fact that their products make their way onto black markets.  But they have an idea for that too:

How would gun companies go about reducing gun deaths? The main thing to emphasize is that this approach relies on the nimbleness, innovation and experimentation that come from private competition — rather than on the heavy-handed power of governmental regulation. Gun makers might decide to add trigger locks to their guns, or to work only with dealers who meet certain standards of responsibility. They might withdraw their semiautomatic weapons from the consumer market, or even work hand in hand with local officials to fight gangs and increase youth employment opportunities. Surely they will think up new strategies once they have a legal obligation and financial incentive to take responsibility for the harm their products cause.

Ah yes, the old canards.  Since they admit that Heller might mean they can’t just flat out ban these guns, now they need to offer incentives for no one to make them.  Because a revolver is so measurably less deadly than a semi-auto pistol?  Does it even matter if the “gun death” being spoken of is a suicide?  How does supplying trigger locks work unless someone uses them?  If this is what Heller has reduced our oppoents to, perhaps Heller is a bigger victory than I had imagined.

UPDATE: As a reader points out, this is pretty much the same type of business as the lawsuits the PLCAA was meant to put a stop to.  I mean, would we hold Ford accountable for drunk driving rates, or Zippo accountable for reducing the incidence of arson?  Drug makers for reducing drug suicides?

The Question of Machine Guns

Firearms and Freedom looks at the question of whether Heller closes the door to machine gun rights, and concludes it probably does.  I think both sides of the machine gun issue can find support for their arguments in Heller, but I agree with Peter that the federal regulations on machine guns are probably largely safe.  That’s not to say that I believe there’s not room for litigation on the issue, but I would consider us to be very lucky if we could even get the federal courts to rule unconstitutional the Hughes Amendment to the Firearms Owners Protection Act of 1986, which banned any new machine guns from being registered for civilian use.

Pittsburgh Flouting Preemption

Looks like a Pittsburgh man was arrested for openly carrying, based on a Pittsburgh ordinance that’s pretty clearly unlawful.  Open carry is forbidden without a license in a City of the First Class (i.e. Philadelphia), but that’s actually part of Pennsylvania Law, not a city ordinance.  Pittsburgh apparently decided it needed such a law too, and just passed it, in violation of the proscription of the state legislature.  I guess they don’t like the fact that under state law, Pittsburgh isn’t a first class city.

Women’s Empowerment

They say a picture is worth 1000 words.  Well, Breda has a picture that I think basically defines women’s empowerment.  That’s one women who’s not going to be satisfied wearing the hijab for long.  This is the kind of cross-cultural pollination that will end up freeing individuals from the burdens of their cultures.

The principles of The Enlightenment, that are manifested in this nation’s founding documents, are among the most subversive and radical ideas that have ever been put to paper by man.  They are more powerful than entire armies.  Plant the seed, and they will grow, and there will be nothing that traditional societal power structures can do to stand in their way.

Small Town Gun Bans

Morton Grove has joined Wilmette in suspending its gun ban.

Morton Grove Mayor Richard Krier said the village would comply with the law.

The Heller dominoes are falling.  One thing I hadn’t considered in all of this is that many of these Chicago suburbs have far less financial resources than Mayor Daley has at his disposal.  These towns may have been happy to maintain handgun bans as a symbolic gesture, as “an expression of the kind of community we want to be.”  But when it comes to actually spending tax dollars to fight a case in federal court, potentially all the way to the United States Supreme Court, I think they might just decide to fold rather than fight.

UPDATE: More here.

Wilmette, IL Suspends Handgun Ban

Well, this is one way to kill lawsuits based on standing.  But hey, if towns start shedding their handgun bans based on Heller, I don’t see how that’s not a good thing.  Do the Brady’s still want to keep calling this a victory?  Bryan Miller?  Mexico is calling.

Post Heller Offensive

NRA has filed suit in California, Chicago, and several of its suburbs:

The San Francisco lawsuit challenges a local ordinance and lease provisions that prohibit possession of guns by residents of public housing in San Francisco. NRA is joined in that suit by the California Rifle and Pistol Association and the Citizens Committee for the Right to Keep and Bear Arms.

The Chicago case challenges a handgun ban nearly identical to the law struck down yesterday in Washington, D.C. The other Illinois suits challenge handgun bans in the suburban towns of Evanston, Morton Grove and Oak Park.

All five suits raise the issue of the application of the Second Amendment against the states through the Fourteenth Amendment, known in constitutional law as “incorporation.” Because Washington, D.C. is not a state, incorporation was not specifically addressed in yesterday’s Supreme Court decision in District of Columbia v. Heller, but the decision did repeatedly equate the Second Amendment to the First and Fourth Amendments, which have applied to the states for 80 years.

We have won the battle over the meaning of the second amendment.  Now we begin the battle over incorporation.  NRA’s strategy, no doubt, is to try in several federal circuits as to have the maximal likelihood of success in at least one of them.

What Regulations Are Reasonable?

Randy Barnett has discusses some thoughts.  By this standard he proposes, governments must allow some form of carrying a firearm for self-defense.  They may be able to regulate, and license certain manners of carrying a firearm, but there must be some means to allow for the right to happen.

I look forward to one day carrying a firearm down the streets of New York City should this come to pass.  I think it will happen in my lifetime.