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Is Nordyke's 2A/14A section holding or dictum?

Posted by David Hardy · 30 June 2009 12:20 PM

Over at the Volokh Conspiracy, Prof. Volokh argues that Nordyke's finding that the 14th Amendment incorporates the 2nd Amendment is part of its holding, and not dictum.

BTW, postings have been slack because I'm still recovering from the operation. Had a complication, infection, that put me on my back for days, and now another -- a tube into me that came partially loose -- and this does tend to reduce blogging time!

Permalink · Nordyke v. King · Comments (7)

DC v. Heller--a one year roundup

Posted by David Hardy · 29 June 2009 12:36 PM

At Reason Hit and Run. To think it's only been one year...

Hat tip to Instapundit....

Permalink · Parker v. DC · Comments (1)

local media on Mexican gun problems

Posted by David Hardy · 28 June 2009 10:56 AM

Story here. An all too typical piece, written in a few hours. There are gun shows, interview and quote some antigunners, make claims without proof (i.e., that four firearms are the weapons of choice), confuse full and semiauto, and publish.

Permalink · media · Comments (5)

Petition for cert. in 2nd Cir incorporation case

Posted by David Hardy · 26 June 2009 06:25 PM

PDf is here.

Permalink · Comments (5)

Sandy Froman on Sonia Sotomayer

Posted by David Hardy · 25 June 2009 06:55 PM

Her Townhall column is here.

Permalink · Comments (1)

Case with NFA list implications

Posted by David Hardy · 25 June 2009 06:21 PM

Melendez-Diaz v. Massachusetts, handed down today. Defendant charged with cocaine possession. To prove it was coke, State introduced a sworn lab report to that effect. Defendant's objections that this violated his right to be confronted with the witnesses against him was rejected. Supreme Court holds for defendant. The key evidence against him is a claim that the substance he had was cocaine: government must produce testimony from the lab that "accuses" him of that, not just put in a written report.

Might have some relevance as to the often-impeached ATF certification that an NFA gun is not on their list of registrations (although there might be an issue as to whether that list is treated as business records, and thus the certificate allowable).

Permalink · National Firearms Act · Comments (8)