Aware of New York City’s penchant for prosecuting persons found in possession of knives commonly used in construction and design work, sculptor Jonathan W. “therefore chose the Spyderco UK Penknife… a non locking, slip joint folder, which should have been in the clear. But that wasn’t good enough for the NYPD (who arrested him), the DA (who charged him), or even his public defender (who recommended he plead guilty).” [The Truth About Knives] Earlier on NYC’s crazy “gravity-knife” law here and here.
If so, you’d never guess from the result in the Maryland governor’s election, I argue at Cato at Liberty.
Throwing its Chicago regional director under the bus, the Federal Deposit Insurance Corporation (FDIC) has disavowed a February 2013 letter in which the director had told an Ohio bank, “It is our view that payday loans are costly, and offer limited utility for consumers, as compared to traditional loan products … Consequently, we have generally found that activities related to payday lending are unacceptable for an insured depository institution.” Critics have charged that the federal government has not been forthright about the extent to which it discouraged banks from providing services to lawful but frowned-on businesses in such lines as payday lending and ammunition sales. [Kevin Funnell, earlier on Operation Choke Point]
“An Alabama man who sued over being hit and kicked by police after leading them on a high-speed chase will get $1,000 in a settlement with the city of Birmingham, while his attorneys will take in $459,000, officials said Wednesday.” [Reuters/Yahoo] Readers may argue about whether this kind of outcome is fair, but note that it seems to happen more often, rather than less, in this country (with its putative “American Rule” that each side pays its own fees) than in other industrialized countries which tend more to follow “loser-pays” or “costs follow the event” fee principles. One reason for that is that the U.S. does not actually hew consistently to the so-called American Rule; across wide areas of litigation, including civil rights suits, it follows “one-way shift” principles in which prevailing plaintiffs but not prevailing defendants are entitled to fees, and whose encouragement to litigation is greater than either the American Rule or the loser-pays principle.
Related: The Pennsylvania legislature is moving to adopt a rule adopting one-way fees for some cases in which municipalities trample rights protected by the Bill of Rights’ Second Amendment, provoking peals of outrage (“dangerous,” “outrageous,” “threatens municipalities’ financial stability,” etc.) from elected officials few of whom seem to be on record objecting to one-way fee shifts when plaintiffs they like better are doing the suing. [Free Beacon]
From the United Kingdom [Camilla Swift, The Spectator]:
Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.
More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.
And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]
My new Cato piece on New York’s crazy “gravity-knife” law, picking up on an excellent Village Voice investigation by Jon Campbell. More: Scott Greenfield.
Because the federal gun-disabilities provision in question, 18 U.S.C. § 922(n), kicks in on bare indictment for a felony, as opposed to conviction. [The Blaze] But is that constitutional? [Eugene Volokh, more; earlier on Perry indictment]
Ramsey Orta, whose street video of Eric Garner’s chokehold death at the hands of NYC cops became a worldwide sensation, has only days later been nabbed by that same police force on grounds of an unlawful gun infraction in what the police describe as a known drug location. “To decipher some of the police jargon, every location in New York other than St. Patrick’s Cathedral is a ‘known drug location’ as far as the police are concerned,” writes Scott Greenfield [Simple Justice]
Rep. Robin Kelly (D-Ill.) has introduced a bill, the “Childrens Firearms Marketing Safety Act,” that would restrict the content of gun advertising, ostensibly on the grounds of protecting children. Eugene Volokh analyzes its terms and doubts that they make much sense unless one assumes that the purpose of the bill is “is to reduce as much as possible parentally approved gun use by minors. And of course the effect of the law, if it would be at all effective, would thus be to reduce the number of children who grow up familiar with guns and open to gun ownership — thus making broader gun controls easier in the future.”
Cato event held earlier this month with Rep. Darrell Issa (R-Calif.) and Cato senior fellow Mark Calabria. Here’s the description:
Launched in early 2013, “Operation Choke Point” is a joint effort by the Department of Justice (DOJ) and the bank regulators to limit access to the bank payments system by various businesses. Initially targeted at small-dollar nonbank lenders, Choke Point has grown to cover a variety of legitimate, legal businesses that just happen to be unpopular with DOJ, such as gun dealers and porn stars. Initial responses from DOJ claimed such efforts were limited to illegal businesses committing fraud. A recent report by the U.S. House Committee on Oversight and Government Reform reveals DOJ’s claims to be false. In today’s economy, almost any economic activity depends on access to the payments system; allowing DOJ, without trial or a right to appeal, to arbitrarily limit access represents an almost unprecedented abuse of power.
Earlier here. More: House hearing; Funnell.
Oh, Mayor Bloomberg, you’ve gone and done it again.
P.S.: “The fact that they brushed us off really worked in our favor.” How well-roaded Pueblo, Colo. sent Bloomberg’s minions packing.