The Volokh Conspiracy

You Don't Mess with the Gura:

Odd factoid that I didn't know until today -- Alan Gura, the winning lawyer in the Heller v. D.C. Second Amendment case, was born in Israel.

Joe Bingham (mail):
That guy is a genius, pure and simple. He was interviewed on NPR and he is just so good at talking. I'm serious, he's incredibly good.
7.4.2008 10:08am
Affe:
AAAAHHHH !! The neocon cabal of Scalia, Alito, Levy, Thomas, Roberts, Gura, Kennedy and Wolfowitz strike again !! Heller was an Israeli plot to arm Americans with handguns for a preemptive attack on Iran !! AAARRRGGGHHH !!!
7.4.2008 10:21am
Joe Bingham (mail):
But I guess he's promoting unfortunate Jewish stereotypes by being both so smart and so unpopular...
7.4.2008 10:25am
vassil petrov (mail):
Odd factoid that I didn't know until today

I knew it. But then I'm in Youtube all the time.
7.4.2008 10:35am
Kevin P. (mail):
Cool, I updated his Wikipedia page, thanks for the link!
7.4.2008 11:08am
Tony Tutins (mail):
Regarding the article on Jewish attitudes on armed self-defense: I remember reading that Israelis commonly are armed when they go about their daily business, that they can check out a gun from the local police station if they feel they need to.

I also remember when some psychopath drove from Washington state to LA to shoot up a Jewish community center, because he was quite certain no one there would be armed.
7.4.2008 11:10am
VFBVFB (mail):


--- I also remember when some psychopath drove from Washington state to LA to shoot up a Jewish community center, because he was quite certain no one there would be armed. ---

I assume you are talking about the incident linked to below. The killer was not a psychopath, but rather a white supremacist looking to kill Jews. He did shoot up a Jewish community center rather than other Jewish institutions because those institutions had security.

Los Angeles Jewish Community Center shooting

I think that incident is an example of why Jews disproportionately support gun control; it is not an example of why Jews irrationally oppose gun control. For cultural reasons, the type of people who work in Jewish community centers are not likely to be armed, regardless of whether there are gun control laws or not. But without gun control, it is easier for the type of people who want to shoot up Jewish community centers to obtain weapons.
7.4.2008 11:47am
FlimFlamSam:
VFBVFB,

I think it is unfair to suggest Jews disproportionately support gun control. Maybe it's true in America, but I doubt it's true if you consider Jews everywhere.
7.4.2008 11:59am
Oren:
10% of Israelis have CCW permits, which is granted as a matter of course to any law abiding citizen.
7.4.2008 12:47pm
30yearProf:
I think it is unfair to suggest Jews disproportionately support gun control.


Unfortunately, that "suggestion" reflects the FACT that every anti-gun bill in my state legislature has been authored by a Jewish legislator. Their free choice. All of them voted against the right of proven law-abiding citizens to carry a firearm for self-protection. And so forth for over twenty years.

After a while, one has to believe that their anti-gun words combined with their anti-gun actions means that they ARE anti-gun. Not every Jew, obviously (Gura, Kopel, Volokh, et al), but every American Jewish leader and a majority of their backers.
7.4.2008 12:57pm
Barbara Skolaut (mail):
But without gun control, it is easier for the type of people who want to shoot up Jewish community centers to obtain weapons.

Give it a rest, VFB. "Gun control" NEVER stops a criminal from obtaining whatever weapon he wants, including guns. Might have to get one on the streetcorner or steal one instead of buying it at a store, but he'll get whatever he wants. Criminals don't care about the law - if they did they wouldn't be criminals.

Try hard to remember that in reality "Gun-Free Zone" is a lie; it only means no law-abiding citizens have guns there. If they were truthfully labeled, they'd be called "Target-Rich Environment For Any Nutcase Looking for Publicity."
7.4.2008 1:05pm
A. Zarkov (mail):
"... but every American Jewish leader and a majority of their backers."

What's a "Jewish leader." Do you mean anyone who forms a Jewish organization of some kind? If that's the case then how about the leader of the Jewish Defense League? No one speaks for American Jews, they are far too heterogeneous in their beliefs even about religion.
7.4.2008 1:09pm
A. Zarkov (mail):
I congratulate Alan Gura for his calm, low key, serious and highly professional handling of the Heller case. Many have criticized him for not being more aggressive. Bunk. He could have easily lost by going for broke. You can be right on the law, history, logic and still lose. If there had been even a hint that 2A allowed machine guns in schoolyards, he would have lost. Being a highly intelligent individual he knew this, and rightly choose the winning strategy. Now 2A advocates need to prevent it from becoming a hollow victory. A president Obama, and perhaps even a president McCain will appoint more Ginsburgs into the federal court system who will do their best to make 2A meaningless except as an intellectual exercise.
7.4.2008 1:22pm
Dave D. (mail):
...Thanks, 30yearProf, for explaining the Jewish clause in the 2nd amendment. Even Stevens couldn't find it, but you did. I've always felt you were on the train to Dagenham, but I never knew just how far you'd gone.
7.4.2008 2:05pm
Mr. X (www):
I thought factoid was used to refer to something that seems like it should be true, but is not. E.g. lemmings jumping off cliffs or searing meat locking in juices.
7.4.2008 2:18pm
Consenting:
Gura was very good, both in court and on the air. Also to be noted is Tom Palmer, one of the Heller Six and Vice President for International Programs, Center for Promotion of Human Rights at the Cato Institute, was spectacular when questioned on air. His locally televised 30 minute Reporter Roundtable debate with Walter Dellinger made Dellinger seem very uninformed and more than a little slow. Also deserving great praise is Bob Levy, also of Cato, who as a lawyer worked closely with Gura and, as an independently wealthy individual, largely funded the effort. I believe Levy is also Jewish, if that matters.
7.4.2008 2:30pm
surrender_monkey:
Mr X:
Yes, but if you listened to Steve Wright's BBC radio show a lot, then you will also accept "factoid" as a true information of maybe lesser importance.

What really breaks my heart is that you don't believe in lemmings jumping off cliffs overlooking the ocean. They really do that ...although sometimes they get pushed off as more lemmings join them at the shore. (But fear not, they do know how to swim!)
7.4.2008 4:12pm
AntonK (mail):
See this interview with Alan Gura, from Reason Online, where he mentions his Israeli heritage and libertarian bent.
7.4.2008 4:22pm
VFBVFB (mail):
--- Give it a rest, VFB. "Gun control" NEVER stops a criminal from obtaining whatever weapon he wants, including guns. Might have to get one on the streetcorner or steal one instead of buying it at a store, but he'll get whatever he wants. Criminals don't care about the law - if they did they wouldn't be criminals. ---

I agree with you that gun control is largely ineffective at reducing most crimes, because most criminals will obtain guns illegally. For that reason, I do not support gun control. But I was commenting on a particular crime, namely the Los Angeles Jewish Community Center shooting, which Tony Tutins raised.

Gun control would certainly reduce the risk of impulsive spree shooters, most of whom do not have criminal histories. There is no doubt that gun control laws would have deterred the Virginia Tech shooter, Seung-Hui Cho. You write about criminals buying guns on the street corner. But one would doubt that an isolated loner would be sufficiently tuned in, to know at which street corner he could obtain one.

While you are right to note that when guns are illegal, criminals will still have them, you are wrong to assume that when they are legal, a substantial percentage of law abiding citizens would have guns. When the Amish School shooting happened, everyone on the Volokh Conspiracy was commenting about how if only people at the school had guns, the tragedy would have been minimized. But what they failed to realize is that there is a certain personality type that walks around armed, and Amish schoolteachers do not fit that profile.

http://en.wikipedia.org/wiki/Amish_school_shooting
7.4.2008 4:26pm
Jim at FSU (mail):
Gura has really become something of a superstar this year. Coming practically from nowhere, he kicked ass at the supreme court, he gave great talks at all the law schools and he proved all the naysayers wrong. Bravo Alan Gura.

I share Gura's dismay at the sheer number of big government jews out there, and for exactly the same reasons.
7.4.2008 5:06pm
Mocha Java (mail):
I was impressed by Gura's depth and breath of historical knowledge and his ability to think (and think correctly) on his feet.


I share Gura's dismay at the sheer number of big government jews out there, and for exactly the same reasons.


Oy vay -- don't get me started on this one...
However, Jews are also represented disproportionately in pro-gun leadership.
Thinking about all this makes my head hurt!
7.4.2008 5:37pm
starrydeceases:
You can be right on the law, history, logic and still lose. If there had been even a hint that 2A allowed machine guns in schoolyards, he would have lost.

For any one who doubts the veracity of this, examine Eldred v. Ashcroft and Mr. Lessig's subsequent book, Free Culture, where Lessig describes the unfortunate mistake in appealing to the Court's sense of Law, rather than their economic faculties.
7.4.2008 6:15pm
FlimFlamSam:
Jews are just pimp. That's all there is to it.
7.4.2008 6:23pm
Dave D. (mail):
..Sam, I sure hope you didn't take out to great a loan for your education.
7.4.2008 7:01pm
Dan Simon (mail) (www):
However, Jews are also represented disproportionately in pro-gun leadership.
Thinking about all this makes my head hurt!


It's very simple--Judaism being one of the earliest and most famous examples of an elaborate intellectual system built around a fairly simple central thesis, Jews seem culturally attracted to such systems--socialism, Zionism, and libertarianism being prominent modern examples.
7.4.2008 7:53pm
Oren:
Jews seem culturally attracted to such systems--socialism, Zionism, and libertarianism being prominent modern examples.
To which member of this trinity of 'ism's did Kissinger adhere?
7.4.2008 9:03pm
Dave Hardy (mail) (www):
"AAAAHHHH !! The neocon cabal of Scalia, Alito, Levy, Thomas, Roberts, Gura, Kennedy and Wolfowitz strike again !! Heller was an Israeli plot to arm Americans with handguns for a preemptive attack on Iran !! AAARRRGGGHHH !!!"

Worse news. Not just Israeli. I just got my email from the Pope, and am unlocking my gun safe. Deus vult!!!
7.4.2008 9:20pm
Dave Hardy (mail) (www):
"He could have easily lost by going for broke. You can be right on the law, history, logic and still lose. If there had been even a hint that 2A allowed machine guns in schoolyards, he would have lost."

Easy for you to say. You didn't invest your life savings in the world's largest manufacturer of civilian ground to air missiles, bioweapons, and backpack nukes. Then he wimps out on it, and there goes anthrax and little plutonium toys, all to protect pistols and rifles and shotguns.

DTH (who does own full auto, and likes it, but would have regarded any attempt to argue for them in SCOTUS as sufficient detachment from reality to call for a mental committment, at least for observation).
7.4.2008 9:37pm
Charles Strouss (mail):
Speaking of people shooting up Jewish Community Centers, have you legal eagles been following the case of Naveed Hak, a Pakistani man who shot 6 women, killing one of them, at the Seattle Jewish Federation in July 2006?

The case ended with a hung jury on all of the serious charges, apparently because some juror(s) bought into his insanity defense. Although he indeed had a history of mental illness, his level of planning in choosing his target and weapons, and the efforts he took to conceal his plans, showed he had strong pre-meditation and understanding of right &wrong.


"He thought what he was doing was right, that it was what God-willed," [defense attorney C. Wesley] Richards told the jury.


It seems then that since he believes Allah told him to do it, he must be insane? This seems like very bizarre reasoning to me, since I assume most terrorists have the same belief. Should being a religious fanatic make Mr. Hak exempt from responsibility for his crime?

The current date for the beginning of his retrial is September 21.
7.4.2008 10:01pm
wuzzagrunt (mail):
VFBVFB wrote:

Gun control would certainly reduce the risk of impulsive spree shooters, most of whom do not have criminal histories. There is no doubt that gun control laws would have deterred the Virginia Tech shooter, Seung-Hui Cho. You write about criminals buying guns on the street corner. But one would doubt that an isolated loner would be sufficiently tuned in, to know at which street corner he could obtain one.

These assumptions are based on what, exactly? I submit that you are merely speculating on the unknowable. Even if you are correct--and nothing I see suggests you are--it is just plain wrong to assume that keeping a gun out of the hands of a homicidal lunatic does the same thing as effectively de-fanging him. I'm thinking "Happyland disco", here. People can be insane, and still be quite resourceful. Normal people often become distracted from achieving their immediate goals by emergency parent-teacher meetings, arguments with the spouse, internet porn, or whatever. Homicidal maniacs tend to obsess about whatever perceived slights and injustices drive their actions. They usually don't just "snap", either. Mr. Cho began assembling his weapons cache a couple of months before his rampage, and had a video DVD ready to mail on the fateful day.
7.4.2008 10:29pm
zooba:
wuzzagrunt: an even better point is to look to the mass stabbing attacks in Japan, which still manage to result in quite a few fatalities. The marginal number of lives saved by a gun ban in the extremely rare cases of spree killings would be far outweighed by the number of increased deaths due to normal handgun violence when the criminal population knows that it is open hunting season for the innocent but disarmed populace. You only need to look at the spike in gun-related violence in the UK since its gun ban to see that.
7.4.2008 10:32pm
Tony Tutins (mail):
The LA mass shooter was mentally ill, according to the Seattle paper. While his diagnosis remained confidential, his senseless killing and lack of later regret, showed the extreme narcissism and disregard for the lives of others which are typical of psychopaths. Psychopaths' skill at manipulating others helps them dodge gun control laws -- too young to legally buy guns, the Columbine killers persuaded a female acquaintance to buy them one at a gun show, and obtained another from a fellow worker at a pizza place. They used a hacksaw to turn a shotgun into a prohibited NFA weapon.
7.4.2008 10:43pm
josh bornstein (mail) (www):
In advance, excuse my ignorance on this issue (I don't own a gun, although I've gone shooting several times in the past with E. Volokh in Los Angeles.) I have several questions in regards to gun ownership.
1. Felons losing their right to own a gun. Is this a federal law? Or does it depend on each state's laws, or on each jx within a state?
2. In the situations where felons are prohibited from owning guns, does this apply equally to all felons? (I am assuming that they regain the right once their probationary period is over, correct?) If so, why is this? It would not make sense for a convicted tax avoider to lose his 2nd Amendment rights, while it might make sense for one who used a gun in the commission of a crime.
3. When there is a law that a convicted felon loses his/her right to own a gun, does there need to be an additional factual finding? I know that is some rare cases (eg, in the occasional high-level computer hacking), a judge will order that the convicted not own a computer, or will forbid/restrict/monitor any internet access. This makes sense to me...there is a burden on that persons 1st Amendment rights, but there has been a specific factual finding explaining why there needs to be an exception. It would seem to me at a law that says, in effect: "That in every case where XX happens, the convicted loses the right to own a gun" would be unconstitutional.

In the media discussions of the Heller aftermath, I have heard everyone (well, all the conservatives and liberals that have been interviewed on the TV, radio, and newspapers I get) just assuming that, of course, felons lose the rights that the rest of us have re guns.

Can you guys help me understand if that is really true? And if it's true, why it's permissible?

[hope this does not equate to a hijack of the thread]
7.4.2008 11:30pm
Mocha Java (mail):
Josh,
It's not just felons, but all people who have been convicted of crimes that are classified as domestic abuse even if they are not felonies. Additionally, certain misdemeanor convictions are also state disqualifiers. However there are a couple of federal economic crime felony convictions that do not result in eternal loss of federal rights--but you still have state issues.
There are a myriad of overlapping federal, state and local gun laws; 20,000 is a number that has been bandied around so you are getting a very abbreviated answer.
With some exception, gun rights, once lost, are lost forever.

Can you guys help me understand if that is really true? And if it's true, why it's permissible?

Hopefully, your grandchildren will never have to ask that question.
7.5.2008 12:14am
Dan Simon (mail) (www):
To which member of this trinity of 'ism's did Kissinger adhere?

Kissinger was actually an adherent of "realism", a coherent (though flawed) school of geopolitical analysis before its name was co-opted by the partisan left. Like the trio of "isms" I listed, realism is "an elaborate intellectual system built around a fairly simple central thesis"--in this case, the premise that nations always act in defense of their (well-defined) national interests. Kissinger's academic work focused on proto-realist Metternich.
7.5.2008 10:39am
RKV (mail):
Josh,
You can read it here for yourself - this document is what gun buyers attest to under penalty of perjury (Federal). See questions 12 b and c for specifics - i.e. no guns for convicted felons OR for those under indictment for a felony. All retail commercial firearms transactions must be supported with Form 4473. There are a few exceptions for used guns which in some states can be sold person to person. California for instance does not allow this type of private sale. What's more is that there are numerous laws forbidding convicted felons from being in possession of a firearm, so it doesn't matter if they bought it, stole it or borrowed it.

http://www.atf.gov/forms/4473/
7.5.2008 2:23pm
Jim at FSU (mail):

In advance, excuse my ignorance on this issue (I don't own a gun, although I've gone shooting several times in the past with E. Volokh in Los Angeles.) I have several questions in regards to gun ownership.
1. Felons losing their right to own a gun. Is this a federal law? Or does it depend on each state's laws, or on each jx within a state?
2. In the situations where felons are prohibited from owning guns, does this apply equally to all felons? (I am assuming that they regain the right once their probationary period is over, correct?) If so, why is this? It would not make sense for a convicted tax avoider to lose his 2nd Amendment rights, while it might make sense for one who used a gun in the commission of a crime.
3. When there is a law that a convicted felon loses his/her right to own a gun, does there need to be an additional factual finding? I know that is some rare cases (eg, in the occasional high-level computer hacking), a judge will order that the convicted not own a computer, or will forbid/restrict/monitor any internet access. This makes sense to me...there is a burden on that persons 1st Amendment rights, but there has been a specific factual finding explaining why there needs to be an exception. It would seem to me at a law that says, in effect: "That in every case where XX happens, the convicted loses the right to own a gun" would be unconstitutional.

In the media discussions of the Heller aftermath, I have heard everyone (well, all the conservatives and liberals that have been interviewed on the TV, radio, and newspapers I get) just assuming that, of course, felons lose the rights that the rest of us have re guns.

Can you guys help me understand if that is really true? And if it's true, why it's permissible?

[hope this does not equate to a hijack of the thread]


1. Felons lose their right to own a gun under federal and usually state law as well. Historically this was not a federal law issue but since the federal government took over the interstate firearms business in 1968, they have involved themselves here as well. It's illegal to transfer firearms to prohibited persons and most federal crimes provide enhancements for using guns during those crimes.

2. The definition of felon varies from place to place and whether it ends varies from place to place. To put it simply, if you can (even if you only got probation) serve more than a year for your crime, you are barred from firearms ownership, regardless of the jurisdiction of the court that found you guilty.

The complicated part is restoration of rights. If all your rights (voting, holding public office, owning firearms, jury duty, etc) are restored after a state law felony conviction, you regain your federal firearms rights as well. If you crime was federal, congress has never funded the rights restoration program so nothing short of a pardon will restore your rights.

3. No, there is no additional factual finding. This applies even for Lautenerg, which treats people convicted of domestic violence misdemeanors as if they were felons (ie, making them federal prohibited persons). This is true even if it was routine to plead guilty to such crime because no one suffered any disability from doing so. There have been various accusations that this violates ex post facto, but they have been dismissed by the courts.

4. It's permissible because people who have been shown to abuse their liberties can be deprived of them as a punishment. I think the current rules that treat tax evaders as seriously as murderers and armed robbers is asinine. Stripping away the RKBA should be part of the penalty phase, just like any other deprivation of right after a conviction. I personally think the entire idea of prohibited persons except as applied to people still on probation/parole is unconstitutional as a matter of due process. It's also stupid policy.
7.5.2008 2:25pm
Pete Freans (mail):
Curious that one of the amicus briefs filed was from the Jews for the Preservation of Firearms Ownership. I checked out their site and its an interesting read.
7.5.2008 6:11pm
Gene Hoffman (mail) (www):
In Reply to Dave Hardy:

Dave, there you go reading the Letters of Marque and Reprisal section again... For shame...
7.6.2008 3:21am
David E. Young (mail) (www):
Alan Gura is very knowledgeable about the history of the Second Amendment. One reason for this is that he possessed the only pre-publication copy of The Founders' View of the Right to Bear Arms, which was published on Dec. 21, 2007. He made excellent use of The Founders' View information in his Heller respondent's brief.
7.6.2008 11:19am
Andy Freeman (mail):
> But one would doubt that an isolated loner would be sufficiently tuned in, to know at which street corner he could obtain one.

Why would one doubt that?

Thanks to various drug laws, the US has an underground economy that is everywhere. Even the drug warriors admit that anyone who wants drugs can find a seller.

Do you really want to argue that a significant fraction of the drug dealers won't sell a gun or give a referral?

Back when I was travelling more, I was offered guns for sale in both the UK and Japan. Maybe it was a sting aimed at bearded folks with US accents, maybe I just give off a vibe, but I'm fairly skeptical that gun laws meaningfully reduce availability to those so inclined. FWIW, the before/after numbers support that conclusion - gun laws are not associated with dramatic reductions in with-gun violence.
7.6.2008 3:34pm
wuzzagrunt (mail):
Andy Freeman

Do you really want to argue that a significant fraction of the drug dealers won't sell a gun or give a referral?

Many will rent you one.
7.6.2008 4:17pm
TRE:
"Worse news. Not just Israeli. I just got my email from the Pope, and am unlocking my gun safe. Deus vult!!!"

Deus vault more like it
7.6.2008 4:57pm
Oren:
Do you really want to argue that a significant fraction of the drug dealers won't sell a gun or give a referral?
Yes. They won't because it invites the cops to step on their drug business, which is far more lucrative. From the abstract:

We find evidence of considerable frictions in the underground market for guns in Chicago. We argue that these frictions are due primarily to the fact that the underground gun market is both illegal and “thin” the number of buyers, sellers and total transactions is small and relevant information is scarce. Gangs can help overcome these market frictions, but the gang’s economic interests cause gang leaders to limit supply primarily to gang members, and even then transactions are usually loans or rentals with strings attached.
7.6.2008 7:59pm
Oren:
Btw Andy, I'm not proGC, especially not Chicago-style. Facts are facts though, and in this case, aggressive police involvement in guns (combined with indifference to drugs) has led to this peculiar outcome.
7.6.2008 8:01pm

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