A Second Amendment scholar “schools” us all.

V

Vermonter

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http://gunroom.wordpress.com/2013/03/21/a-second-ammendment-scholar-schools-us-all/

The above is a link to what I believe to be one of the most even handed reports I have ever seen on PBS. This professor is from George Mason University which may as well be in the heart of washington DC.

Read her bio here http://www.law.gmu.edu/faculty/directory/fulltime/malcolm_joyce

Her points are all very difficult to argue against and she spends 8 solid minuets discussing her constitutional view with regard to RTKBA, assult weapon bans, magizine limits, and the Heller decision.

If this doesn't prove our point frankly I don't know what will.

Regards, Vermonter
 
My point exactly

It's too bad rational discussions like this won't get time on Piers Morgan's or Anderson Cooper's gun control hour.
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These kinds of things do not sell TV and they are not flashey ratings grabbers either. If Fox news would just run this more and Uncle Ted Less I think we would be further along.

I mean no offense to uncle Ted or what he has done for our cause I am just suggesting a slightly different approach.

Regards, Vermonter
 
Piers Morgan's or Anderson Cooper's gun control hour.
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I am thinking the real reason for that is it is an advantage to them ( the anti-gunners ) when they goad law abiding citizens to act irrationally. It reinforces the image of the redneck, tobacco chewing snaggle tooth doofus who can't live without guns.

When that image is portrayed over and over, there are those who think it must be true.

We really need more people like the good professor to help us build our case.

When people lose their composure when talking about guns, the folks who remain calm. . .win.
 
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We've got folks here who are very familiar with the two SCOTUS decisions she talked about. Is she correct in thinking that large capacity magazines are in "common usage" and therefore these bans are unconstitutional?
 
scrubcedar, I agree, but it's probably going to take a challenge through all the courts to get it repealed. I'm sure the anti's will argue that the magazine is different from the firearm.
 
I can't see the video at work, so it will have to wait until I get home. However, the title, umm . . . "A second ammendment scholar 'schools' us all." Amendment. AmendmentAmendmentAmendment. NOT ammendment!

#endspellingrant
 
I would disagree. She didn't really do us a service. By quoting Scalia's Heller decision when she wanted to, after ignoring it on a previous question on the same point in Heller, she left herself open to being easily minimized and "refuted" as a "Cherry-picker". By quoting the prohibited persons part of Heller, but not quoting the Sensitive Areas part of the same point made in the decision, she did neither us, nor herslef any favors. It would have been far better to quote the sensitive areas as a legally permissible basis, then refute it at the same time as us having an opportunity to see if they serve the government's interest now that we're allowing teachers to carry in some of the sensitive areas. If it doesn't get any worse, they obviously aren't as sensitive as we thought.
 
Joyce Lee Malcolm is a well established and respected scholar. I heartily recommend her Guns and Violence, the English Experience (Harvard University Press, 2002).
 
GMU School of Law

This professor is from George Mason University which may as well be in the heart of washington DC.
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I graduated from George Mason University School of Law. I would fully expect this type of analysis from a GMU professor, conservative and fair minded.

Judge Posner who wrote the opinion in Moore v. Madigan was particularly well regarded at GMU when I went there in the 90's.

The only liberal professor I had taught criminal law and even he was fair minded.

Virginia Attorney General Ken Cuccinelli also went to GMU School of Law. He is also helping the RKBA with an amicus brief in Kachalsky v. Cacase.
 
Common usage

Is she correct in thinking that large capacity magazines are in "common usage" and therefore these bans are unconstitutional?
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"Large" is not defined but magazines in excess of seven rounds are certainly in common usage. They are the norm rather than the exception.

"Common usage" and "Sensitive places" are two terms in Heller that are critical areas for establishing jurisprudence in favor of RKBA.

Regarding the question above, she is correct in her analysis from an intellectual perspective, but jurisprudentially it has not been established.
 
MTGreen said:
I graduated from George Mason University School of Law. I would fully expect this type of analysis from a GMU professor, conservative and fair minded.
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The only liberal professor I had taught criminal law and even he was fair minded.
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It's not a matter of political affiliation, but of intellectual honesty, which can be found among people on all points of the political spectrum.

And so can its opposite, of course -- perhaps rather more often.
 
Nice interview. She succinctly explains both the legal/constitutional origins of the RKBA, the lack of any evidence that the AWB would have any meaningful effect, and even notes that almost all of the mass shootings (4 or more victims) were in gun free zones. Her demeanor and appearance add credibility to her views.
 
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