McDonald v. Chicago Wasn't The Only Case Sent Back For Retrial

Snowflakes in Hell noticed that the nunchaku possession case from New York was ordered retried in light of the McDonald decision.  Now, I don't much care about nunchakus, but they are certainly "arms," within the meaning of the Second Amendment.  Yes, I wouldn't want criminals carrying them around--but I don't see any strong case for why banning nunchakus makes any great sense for the law-abiding.  A co-worker in California mentioned to me one that her husband often carried them when out running, to defend himself from dogs--and she was shocked to find out that possessing them (even in your home) there was a misdemeanor punishable by up to a year in jail or prison.  There's an exemption for martial arts studios, but for the average person?  It's more serious than carrying a gun without a permit.

Need GM Mechanic Recommendation in Portland Area

My son's Pontiac has an electrical problem--probably the turn signal stalk shorting out some of the exterior lights.  The Pontiac dealer can do it, I know, but the dealers up there are extremely expensive.  If you can recommend an honest independent car mechanic in the Portland area, please let me know by email or in the comments.

McDonald v. Chicago

I had hoped to comment in more detail on the decision this evening, but I have a Peruvian astronomy store that needs a rush order filled--and it may lead to a lot more orders, if this satisfies the customers for the Stellarvue TSL6. Things that pay have to take precedence over things that are important.

There is a strong chance that I will be on KION AM 1460, Salinas, tomorrow at 9:15 AM to discuss the McDonald decision.

Victory! And Justice Alito Cited One Of My Law Reviews

The Supreme Court has handed down its decision, McDonald v. Chicago (2010).  As expected, the Court ruled that the Second Amendment is incorporated through the "due process" clause of the Fourteenth Amendment against state and local governments, because the Second Amendment is a fundamental human right.  Justice Thomas's concurrence argues that "privileges or immunities" is the more correct approach.

I am glad to see the law review paper by myself, Nicholas Johnson, and George Mocsary, "'This Right is Not Allowed by Governments That Are Afraid of The People': The Public Meaning of the Second Amendment When the Fourteenth Amendment was Ratified" cited by Justice Alito, in several places--and there are primary sources cited elsewhere in Alito's opinion that I am quite sure come out of that same law review.

I was amused to see even Justice Breyer's dissent citing my book Concealed Weapon Laws of the Early Republic.

Those of you who live in California, New York, Massachusetts, and some of the other gun-hostile states owe me one!  You can expect to see the most outrageous of the gun control laws in those states under fierce attack.  Once something is elevated to the status of a fundamental human right, it is not enough for the legislature to say, "We think this law is a good idea," or "We think this law will save lives."  Fundamental human right implies that at least intermediate scrutiny, and more likely, strict scrutiny, will be applied to such laws.

A Hint About Open Carry In Cities

Either be dressed like you are going to or from a hunting trip, or be dressed well enough that someone wouldn't mistake you for a ne'er-do-well.  Someone I know was in an Albertson's supermarket in Nampa the other night about 10:45 PM, and a guy walked in dressed rather shabbily--but with a large holstered handgun.   The manager of the store approached him and told him to leave, which he did.

I know that some people really think that everyone else should just "get over it" and not react negatively to openly displayed guns.  Yes, just like people need to just "get over it" when they react poorly to guys French kissing in public, or people urinating in public on the sidewalk.  Think about the consequences of what you do--and ask yourself if you are doing more good or harm.

There are situations where it may make perfect sense to carry openly in a city.  Perhaps you didn't have the foresight to get a concealed handgun permit, and you have good reason to believe that you are at risk.  Perhaps you are between 18 and 21, and can't get a concealed handgun permit.  Perhaps you live in one of those benighted states that (for a few months longer) either don't issue permits, or make it so hard to get a permit that they are effectively not available.  But if so, dress in a manner such that no one is going to wonder if you are a meth freak suffering a paranoia outbreak.  You might still be asked to leave the store--but there is at least a chance that you will leave a more positive impression of gun owners than if you look like you are about to clear out the entire pseudoephedrine HCl section of the store.

What Chicago Fears When McDonald v. Chicago Comes Down (Another Unsellable Article)

Why does Chicago city government continue to defend its handgun freeze law? What are they afraid is going to happen if they allow law-abiding adults in Chicago to own a handgun? They are terrified of headlines like this: “54 shot in latest violence; 1-year-old girl is youngest victim.” Unfortunately, that’s not what might be the headlines if Chicago has to dismantle its handgun ban; that’s what the headlines are now—even with the handgun freeze in effect.

For the last forty years or so, gun control has been at the forefront of efforts by big city politicians to deal with violent crime—even though it is at best, utterly ineffective, and likely contributes to the code of silence in many ghetto neighborhoods. The law-abiding population is reluctant to testify against gang members for fear of retribution. I am sure that a few of these cowed witnesses might, if they could legally buy a handgun and get a concealed weapon permit, have the courage to testify in open court. But let’s not kid ourselves; if gang members are intent on taking revenge, they are going to kill you, or your children, or your grandchildren. Making guns available to the decent people in ghettos is only going to make a marginal difference with this problem.

No, the real problem is the one that urban politicians refuse to confront: the victimology of ghetto subculture. They refuse to confront it because for all the blame that urban politicians want to put on “the Man,” racism, and capitalism, the biggest problem in most ghettos today is the values of the population. For at least a generation, black students who have done well in school have been accused of “acting white.” This problem hasn’t gone away. What are your job prospects if you have done your best to not do well in school?

This victimology shows up in myriad ways. My son is in college at the moment. In his English composition class, the instructor—an African-American woman—told them that AIDS was invented by the U.S. government to kill off black people. (I guess killing off homosexuals, prostitutes, and hemophiliacs was just a fringe benefit.) Steve Cokely, an aide to Chicago’s mayor some years back, claimed that Jewish doctors were injecting AIDS into black babies. Anything, rather than admit that one of the scourges of the black community was the result of poor lifestyle choices in the black community.

A few years back, I watched a documentary about Watts in which various “community activists” claimed that the handguns that are such a large part of Los Angeles’ violence problem were dropped by police helicopters so that blacks would kill each other. These activists were so intent on portraying all black people as victims that they simply refused to consider the most plausible explanation: there were criminals in their midst who were intentionally going out and buying or stealing guns to use for murder.

Once Chicago’s handgun freeze goes away, the city will pass various registration and licensing measures to discourage handgun ownership—much like Washington, D.C. has done in the aftermath of D.C. v. Heller (2008). Eventually, after enough money has been wasted in court, Chicago will allow its law-abiding citizens to own handguns again. I’m not expecting a dramatic change in the level of violence.


Chicago, however, will be forced to admit that guns are only a symptom—and that they need to start confronting the cultural forces that make parts of the city into war zones. Will urban officials have the courage to admit that the biggest problem that the black ghetto faces today isn’t Klansmen, or institutionalized racism, but a subculture that refuses to look itself in the mirror?

What An Astonishing Collection of Readers I Have!

I don't have a lot of readers, but I'm always impressed how smart they are--and how diverse they are in their knowledge. I mentioned a few weeks ago that there was something about listening to the Carpenters that still astonishes me. What makes her voice so amazing? My wife says it was because she was an alto, and there aren't many altos in popular music--and it was an extraordinarily rich alto voice at that. One of my readers sent this more technical explanation to me:

Dear Clayton:

Like you, I've always loved the Carpenters. I'm a professional, classically trained singer, and perhaps I can provide some insight into Karen's voice and their success.

At a time when most popular music was exclusively in the strophic form (verse, chorus, verse, chorus, break, chorus, finis) and consisted of primarily three chords with an occasional minor 6th throw in, the Carpenters were virtually symphonic music by comparison. Their music is longer (rather than 2.5 minute radio play blandness) far more harmonically and melodically complex than most pop music, even today. What was also unusual about them is that they were actual, sight reading, musicians. Most popular musicians, even today, are musically illiterate. While most have good "ears" (they can sing on pitch and/or improvise well), they have little or no formal music training and cannot read and write music. Harmony, in their music, tends to be rudimentary, formulaic and two dimensional. In Karen and Richard, complete musicality was present, not only sharp technical ability, but virtuoso improvisational ability.

The Carpenters were real musicians and they actually rehearsed and demanded perfection at a time when most pop musicians were happy with "good enough." In the studio, they were known as "one hit wonders," for their ability to get a track just right with only one run through. Of course, a large part of this was their own innate talent and ability backed by intensive rehearsal before they ever walked into a studio. They were also known for always striving for excellence in live performance and for demanding the same from their accompanying musicians.

And Karen's voice! What beauty was lost to the world there. She had a resonant, warm and fluid alto combined with perfect pitch. Her vowels were always round and full, and her consonants present and precise, but not overpowering. Because of their musicianship, Richard, and the rest of their band, could transpose any piece to any key necessary to put the music in Karen's tessitura, the heart of her range where her voice was most warm and expressive. Much of pop music, particularly back then, was in sharp keys such as E, A, D or G in deference to the guitar, which sounds most pleasing, and is easiest for musically illiterate guitarists to play, in sharp keys. The guitar is one of the easiest instruments to learn to play (particularly self-taught as most guitarists continue to be), but one of the most difficult to play well. As a result, most guitarists were and are musically illiterate, and knowing a limited number of chords, can play effectively in sharp keys only. The piano, and most other instruments, however, are most comfortable in flat keys. But beyond these technical issues, Karen obviously believed in each song, understood the emotional depth of each piece and of the possibility of infusing beauty into each moment, each note. She was an example of the kind of musicality and beauty that are seldom found in human beings.

Her legacy still provides beauty even now, and I often find myself listening to her and remembering those days of youth, of passion and struggle, and I weep for a world diminished by her absence.

Yours,

Mike McDaniel