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Old March 21, 2013, 11:53 AM   #1
Vermonter
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A Second Amendment scholar “schools” us all.

http://gunroom.wordpress.com/2013/03...chools-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/direc.../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
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Old March 21, 2013, 12:15 PM   #2
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Outstanding!!!
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Old March 21, 2013, 01:00 PM   #3
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I love a calm and educated discussion.
Thanks for posting the link.
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Old March 21, 2013, 01:15 PM   #4
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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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Old March 21, 2013, 01:32 PM   #5
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Thank you Vermonter. Truly a brilliant scholar.
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Old March 21, 2013, 01:37 PM   #6
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My point exactly

Quote:
It's too bad rational discussions like this won't get time on Piers Morgan's or Anderson Cooper's gun control hour.
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.

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Old March 21, 2013, 01:47 PM   #7
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Quote:
Piers Morgan's or Anderson Cooper's gun control hour.
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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Old March 21, 2013, 01:52 PM   #8
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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?
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Old March 21, 2013, 01:57 PM   #9
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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.
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Old March 21, 2013, 02:09 PM   #10
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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
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Old March 21, 2013, 04:49 PM   #11
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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.
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Old March 21, 2013, 05:24 PM   #12
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Joyce Lee Malcolm is a well established and respected scholar. I heartily recommend her Guns and Violence, the English Experience (Harvard University Press, 2002).
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Old March 21, 2013, 05:47 PM   #13
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If only we could have replaced Wayne with her, the public relations challenge would have ended months ago.
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Old March 21, 2013, 07:51 PM   #14
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Yeah, he hasn't really served us well in the Media, has he?
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Old March 21, 2013, 10:08 PM   #15
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GMU School of Law

Quote:
This professor is from George Mason University which may as well be in the heart of washington DC.
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.
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Old March 21, 2013, 10:37 PM   #16
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Common usage

Quote:
Is she correct in thinking that large capacity magazines are in "common usage" and therefore these bans are unconstitutional?
"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.
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Old March 22, 2013, 12:04 AM   #17
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Quote:
Originally Posted by MTGreen
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.
<snip>
The only liberal professor I had taught criminal law and even he was fair minded.
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.
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Old March 22, 2013, 08:44 AM   #18
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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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Old March 22, 2013, 09:04 AM   #19
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good post... Thanks
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Old March 22, 2013, 09:51 AM   #20
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First time I have seen this. Appreciate it.

Now for it to go out nationally.....

Good luck with that huh?
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Old March 22, 2013, 09:59 AM   #21
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Quote:
Now for it to go out nationally.....

Good luck with that huh?
PBS Newshour is a national broadcast. It would be great if more media outlets did this kind of interview, but most want emotion and controversy, not calm, reasoned discussion. PBS is unusual in making space for that... which is partly why their ratings are so low.
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Old March 22, 2013, 12:00 PM   #22
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Thank you for the link.
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Old March 22, 2013, 08:53 PM   #23
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your welcome

Pbs is national coverage. This needs play on Fox.
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Old March 23, 2013, 07:49 AM   #24
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Quote:
Is she correct in thinking that large capacity magazines are in "common usage" and therefore these bans are unconstitutional?
I agree with that view, so she must be correct.

Seriously, what two firearms are arguably the most common in common use today? Let's begin with where most of the legislatures (other than NY State) are going, by defining "large capacity" as capable of holding more than ten rounds. What handgun is perhaps the most popular/most ubiquitous in the U.S. today (considering both police and private citizen ownership and use)? Probably some model of Glock. What are the magazine capacities of the various Glock models?

For rifles, I think the most popular rifle without question is going to be an AR-15 with a 30-round magazine. There is probably one of those, with multiple 30-round magazines, in the trunk of nearly every police patrol vehicle in the U.S. Almost any private citizen who owns an AR owns multiple 30-round mags. They're the "sweet spot." 10-rounders and 20-rounders are too small, 40-rounders and larger are unreliable.

So it's absolutely a valid argument, and based on Mr. Justice Scalia's language in Heller the argument should be persuasive. Whether or not it will be remains to be seen.
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Old March 23, 2013, 10:49 AM   #25
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Why on Fox - choir? Never mind.

It was very thoughtful and she is known as a scholar. PBS and NPR are fairer in general than MSM - esp. those horrors on MSNBC or Piers.

There are national outlets that have stepped up with reasonable pieces. NY Magazine and the Atlantic did so.
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