Are roll-your-own drones protected?
The Second Amendment question was recently explored in-depth by Dan Terzian, a US District Court clerk in Guam, who published “The Right to Bear (Robotic) Arms” in the Penn State Law Review earlier this year.
According to Terzian, the answer to that question comes down to the interpretation of the Supreme Court in a couple cases, most importantly District of Columbia v. Heller, the 2008 decision that overturned Washington’s handgun ban.
That decision held that the Second Amendment “protects an individual right to possess a firearm unconnected with service in the militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,” but limits the amendment’s protections to weapons that are “in common use at the time.” By that definition, robotic weapons would almost certainly not be considered in “common use,” much like rocket launchers, tanks and cannons. But Terzian says that as the technology improves, armed drones could one day become popular enough to become commonplace.
“There are a lot of people in other countries who are basically making autonomous weapons at their home, but they’re not necessarily using handguns, they’re using Nerf guns or paintball guns,” Terzian says. “There’s no fundamental [Second Amendment] difference between using a squirt gun and a firearm.” According to Terzian, Congress could, with one law, make it illegal for Rand Paul’s nightmare to come true—at least if perpetrated by a civilian. Because armed drones are currently not common, Congress could simply expressly ban them, making it impossible for them to ever become an everyday thing.
“If Congress chose, it could ban robotic weapons, meaning robots would never be in common use, and thus never armed,” he writes. “But just because Congress can ban them, does not mean it should … robotic weapons [could be] both more effective and safer than firearms, so banning them, as opposed to regulating them, would by myopic.” Lawmakers in Washington have proposed bills that would restrict when private companies, individuals and public agencies can use unarmed drones, but it has yet to strongly consider armed drone legislation.
If Congress doesn’t act, Terzian argues that one day, robotic weapons could defend factories, public places and, eventually, people’s homes. As autonomous decision-making intelligence improves, Terzian says that automated weapons might have legitimate self-defense uses that could potentially be lawful.
It’s also unclear, he says, whether someone would have the right to attach their handgun to a small drone and then use it for target practice on their private property. The FAA certainly wouldn’t approve, but Terzian says it might not be inherently illegal.
“If they’re using a pistol attached to a mechanical device— you have a right to that pistol, you can do whatever you want with it unless you are breaking the law with it,” he says. “I think it’s at least possible that some of those laws could be challenged. I’m not sure we’re to the point where you’d win, but you could try.” But most pro-gunners aren’t ready to get behind citizens’ armed drone rights—either real or perceived even though some people have been experimenting with roll-your-own drones.
Disney ride shakes CCW pistol loose
The discovery of a gun aboard a ride at Disney’s Animal Kingdom has raised questions about what park security does to keep firearms from slipping inside and whether its no-weapons policy for visitors is clear.
A grandmother handed a Cobra .380-caliber semi-auto to a park attendant in late May after getting off the Dinosaur ride. “My grandma found it in her seat,” her young grandson told park security.
Minutes later, an apologetic Angelo Lista returned to claim the loaded firearm. He told the Orlando Sentinel it had fallen out of his buttoned back pocket during the bumpy ride. He was escorted out of the theme park, but returned the next day without the pistol.
Lista said he had no idea Disney prohibited guns on its property, raising questions about whether the company’s restrictions on firearms are explicit enough.
Disney spokeswoman Kathleen Prihoda said in a statement that the company’s policy is “no guns are permitted.” The company’s website says “weapons of any kind” are not allowed on Disney property.
Disney officials would not tell The Sentinel whether there are posted signs on property spelling out their restrictions, or how often security intercepts a firearm brought into the parks or what happens when a gunowner is found to have one on property.
Lista said officials told him that if he forgot in the future, he could notify a security officer, who would point him to a locker on property to store the gun. But officials did not confirm this or acknowledge existence of the lockers.
Orange County deputy sheriffs said Lista had a valid Florida concealed-weapons permit. Under Florida law, private landowners such as Disney can limit the open carrying of firearms on property. Disney authorities can order a guest to leave for violating the policy, but if the owner legally possesses the weapon, they cannot press criminal charges.
Unabashed Spitzer running for mayor of New York City
Former New York Gov. Eliot Spitzer, who resigned in disgrace five years ago after it became known he was a frequenter of high-priced prostitutes, is throwing his hat back in the ring, The New York Times and Newsmax.com reported.
Spitzer wants to be New York City’s next comptroller, saying he can do more with the office than has been done in the past. And he hopes New Yorkers have forgiven him.
“I’m hopeful there will be forgiveness, I am asking for it,” the unabashed Spitzer told The Times.
Apparently there is redemption in politics after all.
In recent months, South Carolinians have sent former Republican Gov. Mark Sanford to Congress despite a scandalous affair with an Argentine woman while he was governor. And former Democratic Rep. Anthony Weiner is currently seeking the New York City mayor’s office after resigning his House seat over a sexting scandal. Weiner leads or is near the top in voter polls in his race and Spitzer also shows strength in the polls.
There is an extra wrinkle in the Spitzer race, however.
His former madame will be a competing candidate, running as a Libertarian. Spitzer is a Democrat, and so is Weiner.
Perry signs repeal of ‘switchblade’ ban
Texas Gov. Rick Perry has signed legislation repealing the ban on socalled switchblade knives, earning kudos from Knife Rights and the Citizens Committee for the Right to Keep and Bear Arms.
According to a press release from Knife Rights, critical support for this legislation came from state Rep. Harold Dutton and state Sen. Juan “Chuy” Hinojosa, who sponsored the measure.
Knife Rights volunteer W. Scott Lewis helped push the bill through.
The victory was the result of a strong grassroots effort, and Knife Rights has promised to be back in 2015 with legislation “to fix the rest of Texas knife laws and pass knife law preemption.” The repeal becomes effective Sept. 1.
“While other knife restrictions in Texas remain in effect,” noted CCRKBA Chairman Alan Gottlieb, “this looks like a good first step toward more rational laws regulating knives, which must be protected under the Second Amendment, same as firearms. The right to keep and bear arms is not limited simply to guns.” The legislation was passed 141-1 by the House of Representatives, and 31-0 by the State Senate last month. Passage of the Texas legislation brought the number of pro-knife bills passed by state legislatures this year to five.
Washington Times names Keene editor
Former National Rifle Association President David Keene has been named opinion editor of The Washington Times, the paper announced on July 14.
“David has been a tireless advocate for conservatism, demonstrating time and again how the movement’s values and ideas can address the problems of the day,” said Larry Beasley, the paper’s president and chief executive officer, according to Newsmax.com.
“He’s a deep intellectual with the sharp wit, unwavering values and the endless civility needed to guide the thought leadership of Washington’s most important opinion pages,” Beasley said.
Keene will be in charge of the newspaper’s editorial page and commentary section, while Editor Emeritus Wesley Pruden will direct and continue to produce editorials.
Keene was also a former chairman of the American Conservative Union.
As president of the NRA, Keene led a bruising battle with Congress to block restrictions on gun ownership in the aftermath of the Newtown, CT, school shootings. He stepped down from that position in May.
