Posts Tagged ‘guns’

Some costs of “red flag” laws

My letter to the editor at the Washington Post last Tuesday on red flag gun laws:

August 13, 2019

Red flag’ laws can have deadly consequences

The Aug. 9 front-page article “Results of ‘red flag’ gun laws uneven across 17 states, D.C.” quoted critics of Maryland’s “red flag” gun-confiscation law who find the law lacking on due process grounds. It might also have mentioned another kind of collateral damage done by the law this past November in its second month of operation, namely the death of 61-year-old Gary J. Willis of Glen Burnie, shot dead by Anne Arundel County police who had come to his door at 5 a.m. to present an order to confiscate his guns. Willis answered the door with a gun in his hand. He set it down but then became angry, picked up the gun, and, in an ensuing scuffle with an officer over the weapon, it went off without striking anyone. A second officer then shot Willis dead.

In the aftermath, because of confidentiality rules, neither press nor public could view the red-flag order that had set police on the fatal encounter. Defending the shooting afterward, the county’s police chief described any possible threat from Willis to others in the vaguest of terms, telling the Capital Gazette, “We don’t know what we prevented or could’ve prevented.” Family member Michele Willis, speaking to the Baltimore Sun, took a different view: “I’m just dumbfounded right now,” she said. “My uncle wouldn’t hurt anybody. … They didn’t need to do what they did.”

Walter Olson, New Market

It is true that in principle “red flag” laws can draw on the same respectable historic taproots of judicial power as, e.g., domestic violence restraining orders. [David French, National Review] One problem with that is that it’s not clear the current use of domestic restraining orders inspires confidence, due-process-wise. In two posts last week (first, second) Jacob Sullum, who also cites the work of Dave Kopel, critically examines the shortcomings of the red flag gun laws enacted so far, while California lawyer Donald Kilmer looks at his state’s existing law.

Supreme Court will review NYC’s rule against moving licensed handguns

“New York City’s bizarre ordinance bans pistol permit holders from taking their firearms beyond the five boroughs. (The irony seems to be lost on the eminently anti-gun municipality, which one would think wants as many guns to leave as possible). …The Supreme Court will hear oral argument in New York State Rifle & Pistol Association v. City of New York in October, after it returns from its summer break.” [Cato at Liberty blog post by Ilya Shapiro and Matthew Larosiere, and related Cato Daily Podcast with Larosiere and Caleb Brown]

London police gather kitchen knives for destruction

From a verified police account in London, a city that’s been pursuing an anti-knife campaign. Note the foil (or is it an épée?), the spoon, and enough chef’s, paring, bread, and steak knives to get a half-dozen households launched on a lifelong mission of eating well.

May 1 roundup

April 25 roundup

April 17 roundup

  • Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
  • “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
  • In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
  • Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
  • “Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
  • “How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]

“Gravity Knives, Bump Stocks, and Lawless Law Enforcement”

“For years [Manhattan sous-chef Joseph] Cracco had been using his Spyderco Endura 4 folding knife, the sort of tool that is sold openly by retailers in New York City and throughout the state, for mundane tasks like opening boxes and bottles. … According to Cracco and a co-worker who was with him, it took the cop four or five tries before he managed to swing the blade fully open with one hand — a feat that Cracco himself had never attempted. Cracco thus joined the thousands of New Yorkers who are arrested each year for carrying the tools of their trades or hobbies.” While New York’s gravity-knife law was upheld against earlier challenges, U.S. District Judge Paul Crotty “in a March 27 decision declar[ed] the gravity knife ban “unconstitutionally vague” as applied to Cracco.” [Jacob Sullum, Reason, C.J. Ciaramella, Reason, earlier]

Banking and finance roundup

  • “In the banking world, with which I am familiar, the general belief has been that you disobey supervisory guidance at your peril. That sounds like law and regulation, but without the open process and accountability. Over many years it has certainly felt that way.” [Wayne A. Abernathy, Federalist Society commentary]
  • Some House Democrats use hearings to badger banks into cutting off clients in industry areas like guns, pipeline construction [Zachary Warmbrodt, Politico]
  • New U.S. Chamber Institute for Legal Reform papers on reforming securities litigation: “Risk and Reward: The Securities Fraud Class Action Lottery” [Stephen J. Choi, Jessica Erickson, Adam C. Pritchard]; “Containing the Contagion: Proposals to Reform the Broken Securities Class Action System” [Andrew J. Pincus]
  • “A pot banking bill is headed to House markup with bipartisan support” [Jim Saksa, Roll Call]
  • Your periodic reminder that corporate law *is* a form of public interest law [Stephen Bainbridge quoting Hester Peirce]
  • “History Shows Forcing Companies to Put Workers on Boards Is a Bad Idea” [Ryan Bourne, UK Telegraph/Cato, earlier on Elizabeth Warren proposals]

Schools and childhood roundup

  • Stop active-shooter drills in schools: “Preparing our children for profoundly unlikely events would be one thing if that preparation had no downside. But in this case, our efforts may exact a high price.” [Erika Christakis, The Atlantic] “Lockdowns and active-shooter drills have led to officers firing blank rounds to simulate live fire, mock executions of teachers, and students tearfully writing out wills while hunkered down. …Last year, The Post reported an estimate that the odds of a child being fatally shot while at school any given day since 1999 was 1 in 614,000,000.” [Jonathan Blanks, Washington Post/Cato]
  • After ordeal with Child Protective Services based on drug test fluke, Western New York mom “is certain of one thing, she’ll never eat a poppy seed again.” [WROC]
  • Answer: no. “Should access to a public education be a constitutional right for all children?” [Jessica Campisi, Education Dive; Mark Walsh, Education Week, covering AEI debate on holding of 1973 Supreme Court case of San Antonio Independent School District v. Rodriguez against such a federal right]
  • Pay attention to the politics of schools of education, because they help determine what you’ll see in the classroom down the road [Jay Schalin, Martin Center] More: University of Washington’s Secondary Teacher Education Program “is a 12-month immersion in doctrinaire social justice activism.” [Quillette]
  • “The Regressive Effects of Childcare Regulations” [Cato video with Ryan Bourne]
  • “Court revives Obama-era rule that incentivizes racial quotas in special ed” [Liam Bissainthe]

March 27 roundup

  • U.S. Department of Justice files brief in Kisor v. Wilkie somewhat critical of Auer deference, i.e. of deference to the federal government’s own positions. That’s pretty special, and commendable [William Yeatman, Cato; Jonathan Adler, earlier here and here]
  • Parsonage exemption (i.e., favored treatment of allowance for religious housing) does not violate Establishment Clause, rules Seventh Circuit panel [Gaylor v. Mnuchin; background, Kelsey Dallas, Deseret News; earlier]
  • Showing middle finger to police officer counts as constitutionally protected speech, and Sixth Circuit says every reasonable officer should know that already [Eugene Volokh]
  • Home-share hospitality is here to stay, unless regulators get it very wrong [Federalist Society video with Gwendolyn Smith, Matthew Feeney, and Pete Clarke]
  • “Tens of thousands of people in Missouri cannot drive as a result of their licenses being suspended over child support they are unable to pay.” A newly filed lawsuit challenges that practice [Hans Bader]
  • Only Congress can make new law, and administration can’t reach desired ban on “bump stock” firearms accessories just by reinterpreting existing federal law [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in D.C. Circuit case of Guedes v. BATFE]