Commissioner Frazier at 2nd Amendment Preservation Forum – Video

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Commissioner Frazier at 2nd Amendment Preservation Forum
Carroll County Commissioner Robin Frazier speaks about freedom at the Second Amendment Preservation Forum. That night, the Carroll County Commissioners voted to declare Carroll County Maryland...

By: Alex Simpson

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Commissioner Frazier at 2nd Amendment Preservation Forum - Video

Volokh Conspiracy: Bonidy v. United States: The Second Amendment at the post office

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Yesterday the Tenth Circuit heard oral arguments in Bonidy v. United States, which is an as-applied challenge to the U.S. Postal Service regulation which completely prohibits firearms on all postal property, including parking lots. Mr. Bonidy lives in Avon, Colorado, and has a concealed carry permit issued pursuant to Colorado law, following a fingerprint-based background check, safety training, and the County Sheriffs determination that he does not pose any threat to himself or others.

The post office does not provide home delivery in Avon, so residents must go to the post office to pick up their mail from a box. The local post office is open 24 hours a day, has counter staff 6 hours a day, and provides no security for patrons.

In the District Court, Judge Richard Matsch upheld the postal ban for the post office lobby (where patrons access their mail boxes), ruling it to be among Hellers sensitive places. He ruled the gun ban unconstitutional as applied to Mr. Bonidy and the parking lot at the Avon Post Office. The case thus came to the 10th Circuit on cross-appeals by the parties. Mr. Bonidy is represented by the Mountain States Legal Foundation. Some of the documents in the case (but not the appellate briefs) are available on the website of Michel and Associates, a southern California firm with a specialty in firearms cases. Like me, Michel and Associates has no role in the case.

Heres my take on some of the issues that the three-judge panel raised at oral argument:

Heller says that nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. A footnote adds: We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.

First question: What should lower courts do with presumptively lawful? Does this mean that any law in the three listed categories (felons/mentally ill, sensitive places, conditions on commercial sale of firearms) must automatically be upheld? After all, as Judge David Ebel pointed out at oral argument, Heller must be construed so as not to cast doubt on the listed laws. Doesnt this mean that all such laws are undoubtedly constitutional?

Lets try applying that interpretation, to see if it makes sense. Say that a regulation requires that when the owner of a retail gun store goes home for the night, the store must have security devices to prevent/deter theft, including that guns must be locked up. This is an easy fit with the Heller dicta, and can speedily be held as lawful.

But suppose that the anti-theft rule is that every gun in the store must be disassembled before the store closes at night. Or that the gun store may only be open for business five hours per week. Or that only persons with a college degree may work in a gun store. All of these would be conditions and qualifications on the commercial sale of arms. These laws are manifestly oppressive, extreme, and unreasonable. They should be subject to heightened scrutiny, and with heightened scrutiny applied, should be ruled unconstitutional.

So one way to answer the question about presumptively lawful would be to say that the presumption can be overcome. The more unreasonable, oppressive, or excessive the regulation, the better the argument that the presumption has been overcome. In this argument, it also matters whether the regulation is longstanding. The Postal Service gun ban only dates back to the early 1970s, just a few years before the District of Columbia enacted its 1975 handgun ban and ban on use of firearms for self-defense in the home. The D.C. ordinances were obviously not longstanding by Hellers standards, and s neither is the postal ban.

Now that we know that the presumption of lawfulness can sometimes be rebutted, the next question is what is the scope of sensitive places such as schools or government buildings? We have to take into account that in the single sentence about permissible gun controls, the Supreme Court was providing general guidance, and was not attempting to provide a detailed rule to cover all situations.

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Volokh Conspiracy: Bonidy v. United States: The Second Amendment at the post office

Press Release of National Study on University Admissions in the Health Professions – Video

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Press Release of National Study on University Admissions in the Health Professions
Video from our press release event, Tuesday, September 30, from 9:00-10:00 a.m. Eastern Time at the National Press Club First Amendment Lounge. Speakers include: M. Roy Wilson, President, Wayne...

By: UrbanUniv4HEALTH

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Press Release of National Study on University Admissions in the Health Professions - Video

Register editor posthumously given First Amendment honor

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Randy Brubaker(Photo: Register photo)Buy Photo

Randy Brubaker, a longtime editor of The Des Moines Register who died in May, will be remembered tonight as a "Friend of the First Amendment."

The posthumous honor awarded by the Iowa Freedom of Information Council will be formally announced during the "Celebrating a Free Press and Open Government Banquet" in the Hall of Cities at the Des Moines Marriott Downtown. The event is a fundraiser for the Iowa Center for Public Affairs Journalism, best known as IowaWatch.

Brubaker was a Register journalist for about three decades. In his last role, he oversaw the Register's investigative team and led the information council's initiative to educate the public on open meetings and records law through a series of statewide workshops.

He died of heart failure at the age of 55, two days before he had planned to return to work following recovery from a heart attack.

"He was an invaluable leader, partner and mentor to so many former and current staffers, including myself," Register President and Publisher Rick Green said in announcing Brubaker's death to the Register staff in May. "Obviously, for so many reasons, this is a painful, painful loss."

Brubaker's death came on the heels of the sudden death of his wife, Jan, on Jan. 8. She had been a longtime guidance counselor at Dowling Catholic High School.

Brubaker is survived by his two sons, Christopher and Patrick, along with his parents and other relatives.

"Randy was a fierce advocate for openness in government and spent many hours working with reporters and appearing before the Iowa Public Information Board to further that cause," Register Executive Editor Amalie Nash said. "It's certainly fitting that he is being recognized as a "Friend of the First Amendment," and it's a legacy we are continuing at the Register."

DESMOINESREGISTER

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Register editor posthumously given First Amendment honor

BITNEWS: Reddit Closes $50 Million Raise And Goes After Its Own Cryptocurrency – Video

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BITNEWS: Reddit Closes $50 Million Raise And Goes After Its Own Cryptocurrency
Reddit Closes $50 Million Raise And Goes After Its Own Cryptocurrency Congratulations reddit! Get More Details Here: http://www.followthecoin.com/?p=3384 Lik...

By: Follow The Coin

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BITNEWS: Reddit Closes $50 Million Raise And Goes After Its Own Cryptocurrency - Video

Coin Proz Crypto Talk Hour – Gems, Counterparty, Future of Bitcoin, Bitcoin Projets – Video

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Coin Proz Crypto Talk Hour - Gems, Counterparty, Future of Bitcoin, Bitcoin Projets
Bitcoin is about so much more than just the currency aspect we #39;re all so familiar with already. Today #39;s episode will be a condensed overview of where Bitcoin is headed and what exiting apps...

By: Voluntary Virtues Network

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Coin Proz Crypto Talk Hour - Gems, Counterparty, Future of Bitcoin, Bitcoin Projets - Video

bitcoin price Mt Gox site disappears, Bitcoin future in doubt YouTube – Video

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bitcoin price Mt Gox site disappears, Bitcoin future in doubt YouTube
What is Bitcoin? http://www.youtube.com/watch?v=Um63OQz3bjo What is Bitcoin Mining? http://www.youtube.com/watch?v=GmOzih6I1zs 10 Things You Didn #39;t Know About BitCoin http://www.youtube.com/watch...

By: BITCOIN CURRENCY

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bitcoin price Mt Gox site disappears, Bitcoin future in doubt YouTube - Video

Rick Falkvinge doesnt want to stand here in 20 years, saying Bitcoin was once legal – Video

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Rick Falkvinge doesnt want to stand here in 20 years, saying Bitcoin was once legal
Rick Falkvinge, founder of the Swedish Pirate Party, draws parallels between the way the legacy financial industry treats bitcoin, the church treated the printing press and the copyright industry...

By: deBitcoin

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Rick Falkvinge doesnt want to stand here in 20 years, saying Bitcoin was once legal - Video