Cooke: "Forget Manipulative Editing — Katie Couric’s Team Likely Violated Federal Law"

More great stuff from Charles C.W. Cooke at National Review:

The delicious irony of gun-control advocates breaking laws in an effort to prove they don’t exist

The plot thickens. A couple of weeks ago, it was reported that Stephanie Soechtig, the director of a Katie Couric–fronted gun-control infomercial titled Under the Gun, had selectively edited her interviewees’ testimony in order to make them look dumb. Now, it seems that Soechtig and her team may have bigger problems than having been caught in a lie: One or more among them may be heading toward a felony charge.

During a recent television interview, Soechtig claimed indignantly that she had sent a co-producer from Colorado into the state of Arizona, where he made contact with a private gun seller and purchased three handguns and a “Bushmaster” rifle. According to Soechtig, that these transactions were “perfectly legal” demonstrates that the laws need changing.

The problem for Soechtig — and for her broader argument — is that these transactions weren’t in fact legal. Not even close. Under existing federal law, one may obtain firearms outside of one’s state of residence only from a federally licensed firearms dealer. Moreover, at least until Mance v. Lynch is resolved, one may legally obtain a handgun only in one’s own state of residence. If, as Soechtig claims, a Colorado resident purchased three handguns and a rifle from a private seller in another state, he broke federal law at least four times.

To read the whole thing, click here.

Cooke: "Why Would Anyone Want a Firearm?"

More great stuff from Charles C.W. Cooke at National Review:

Of all the ill-considered tropes that are trotted out in anger during our ongoing debate over gun control, perhaps the most irritating is the claim that the Constitution may indeed protect firearms, but it says “nothing at all about bullets.”

On its face, this is flatly incorrect. Quite deliberately, the Bill of Rights is worded so as to shield categories and not specifics, which is why the First Amendment protects the “press” and not “ink”; why the Fourth covers “papers” and “effects” instead of listing every item that might be worn about one’s person; and why the Fifth insists broadly that one may not be deprived of “life, liberty, or property” and leaves the language there. The “right of the people” that is mentioned in the Second Amendment is not “to keep and bear guns” or “to keep and bear ammunition” but “to keep and bear arms,” which, per Black’s Law Dictionary, was understood in the 18th century to include the “musket and bayonet”; “sabre, holster pistols, and carbine”; an array of “side arms”; and any accoutrements necessary for their operation. To propose that a government could restrict access to ammunition without gutting the Second Amendment is akin to proposing that a government could ban churches without hollowing out the First. If a free people are to enjoy their liberties without encumbrance, the prerequisite tools must be let well alone.

Do go read the whole thing.

 

National Review's Charles C.W. Cooke Grants Me a Mention in SYG Post

Hey folks,

Professor Jacobson over at Legal Insurrection just informed me that the post I wrote for them yesterday–Florida Theater Shooting Induces Another Round of “Stand Your Ground” Mania–has earned me a favorable mention by the always awesome Charles C.W. Cooke over at National Review.

Charles’ National Review post can be found here:  More Stand Your Ground Silliness

Now if I could only get Charles to stick to a single spelling for my last name (“Blanca,” Charles? Really?).  🙂

–Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.

In addition to the book, Andrew also conducts Law of Self Defense Seminars all around the country. Seminars for 2014 are currently being scheduled, if you’d like to see one held in your area fill out the comment box on the LOSD Seminar review page, where you can also see reviews of recently completed seminars in New Hampshire, Maine, Texas, Massachusetts, Ohio, Virginia, Florida, South Carolina, Georgia, and elsewhere.

Andrew is also a contributing author on self defense law topics to Combat Handguns, Ammoland.com, Legal Insurrection, and others.

You can follow Andrew on Twitter at @LawSelfDefense and using #LOSD2, on Facebook, and at his blog, The Law of Self Defense.