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Dave Kopel's Second Amendment NewsletterJuly 14, 2008 The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free. Delivery of this newsletter comes courtesy of the Second
Amendment Foundation, in Bellevue, Washington. Please visit Dave Kopel's website, containing articles on the
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New by KopelKopel on Heller: A Statement
In 1974, after President Gerald Ford took the Oath of Office, he spoke to the American people: "My fellow Americans, our long national nightmare is over. Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule." His words are apt today. The 32-year nightmare of the law-abiding citizens of Washington, D.C., is over. They can legally use firearms in defense of their homes against violent predators. Soon, the good citizens of Washington will be able to purchase handguns for lawful defense. For nearly seven decades the U.S. Supreme Court stood idle while lower federal courts nullified the Second Amendment. This year, our Independence Day celebrations were especially joyful, as the Supreme Court finally vindicated America's first freedom. It was wonderful to have the opportunity to play a part in one of the most important Supreme Court cases in American history. On the morning of Thursday, June 26, I felt like Sam Gamgee, in The Lord of the Rings, when he finally saw the evil ring falling to its destruction in the volcano at Mount Doom. And now, the foundations of Barad Dûr are beginning to crack, with the end of the handgun bans in Morton Grove and Wilmette. Everyone who played a role in Second Amendment activism over the last 35 years can feel proud of what we have accomplished together. There is still much to be done to restore Second Amendment rights in the United States. And those rights will never be secure as long as the United Nations continues its relentless attacks. Those attacks will stop when enough governments in other nations change their policies, and demand that they stop. So over the long term, American human rights advocates need to help their friends in other nations begin to change the political culture in those nations, as we have changed the political culture in the United States in the last decade-and-a-half. Justice Scalia's opinion reminds us the the right to arms and the right of self-defense are not granted to Americans by the Second Amendment. Rather, they are inherent natural rights which belong to everyone. A new chapter has opened in the story of mankind's struggle for freedom. Working with groups like the Second Amendment Foundation, the Independence Institute, and the National Rifle Association, together we can seize the historic opportunity in the early 21st century to protect and to advance in our nation and in our world the eternal truths of the Declaration of Independence.
District of Columbia v. Heller. 554 U.S.-- (2008).Associate Justice Antonin Scalia Here is the complete text, with syllabus, of the decision and the dissents.
Kopel on Heller: ArticlesHeller's KitchenDavid B. Kopel Despite the claims of NYC Mayor Bloomberg, Dave is rather certain that Heller will have a considerable effect upon gun laws in the Big Apple.
The First Dominos Fall: Morton Grove and Wilmette Handgun BansDavid B. Kopel "The Mayor of Morton Grove has announced that he will propose repeal of the handgun ban. (Note that the linked NPR story misspells the name of Second Amendment attorney Stephen Halbrook.) Wilmette, meanwhile, has suspended enforcement of its handgun ban."
Miller, Colt .45s and Natural LawDavid B. Kopel Dave herein analyzes the mechanics of the Heller decision and its implication for the very important doctrine of Natural Law Self-defense.
The Second Amendment Goes to Court: Civil Libertarians Respond to D.C. v. HellerBy Glenn Reynolds, Sanford Levinson, Jacob Sullum,
Joyce Lee Malcolm, Randy Barnett, Alan Gura, Brian Doherty and David B. Kopel A lineup of heavy hitters in the cause of freedom do their best to examine the repercussions of the Heller decision, Dave among them.
Conservative Activists Key to DC Handgun DecisionDavid B. Kopel Dave congratulates Human Events and other determined conservatives upon their vital roles in achieving the Heller victory.
Constitution Is Big Winner in D.C. Gun CaseDavid B. Kopel Dave runs down previous SCOTUS decisions on the RKBA and puts the Heller decision in its proper context.
Ringside at the Supreme CourtDavid B. Kopel Dave provides a verbal blow by blow account of what it was like to be at the plaintiff's table during the actual presentation of the Heler arguments.
Kopel on Heller: Audio/VideoDavid Kopel on the Mike Rosen ShowDave Kopel with Mike Rosen Morning talk show host Mike Rosen kept Dave for a second hour discussing the Heller decision and its implications for past and future RKBA legislation. These links will take a bit of time to load, as the software does not stream the audio.
Kopel on Downrange RadioDavid B. Kopel Down Range Radio here interviews Dave for 24 discussing the decision in District of Columbia v. Heller. This link will take a bit of time to load, as the software does not stream the audio.
Supco Ruling a Big Victory, but Many Fights AheadDavid B. Kopel An article with a companion audio. Dave suggests that continued efforts in the aftermath of the Heller decision are likely to lead to still more gains for the 2nd Amendment.
Dave Kopel on the Jon Caldara ShowDavid B. Kopel with Jon Caldara Independence Institute President and Radio Host Jon Caldara interviews Dave for a half hour immediately after the Heller decision. This link will take a bit of time to load, as the software does not stream the audio.
Podcast on the Heller DecisionDavid B. Kopel and Jon Caldara Dave shares his thoughts with Jon on Heller in the immediate aftermath of the decision. This is a 15 minute MP3 audio recording.
Dave Kopel on the Caplis and Silverman Show.David B. Kopel, Dan Caplis, and Craig Silverman Dave here talks with these two lawyer/talk-show hosts about Heller, three different points of view.
Kopel on the 2008 ElectionGun Owners for Hillary?David B. Kopel Kopel examines how in the Democratic primaries, Hillary Clinton became the choice of many pro-gun voters.
The Democrats and Gun Control.David B. Kopel "Civil libertarians who supported such a candidate because of his alleged love for the First Amendment would be foolish. Civil libertarians who support Mr. Obama or Mrs. Clinton because of their purported fealty to the Second Amendment may be bitterly disappointed."
Other Heller CommentaryNews Flash: The Constitution Means What It SaysRandy E. Barnett "Justice Antonin Scalia's majority opinion in yesterday's Supreme Court decision in District of Columbia v. Heller is historic in its implications and exemplary in its reasoning."
Why Not Here?House Editorial The editorial board of the New York Sun cite Dave's 'Heller's Kitchen' article (above) in arguing that New York City's gun laws ought to reflect the jurisprudence contained in the Heller decision.
Gun Rights Avoided Setback with High Court's 5-4 RulingSandy Froman "The Supreme Court's decision in D.C. vs. Heller is a landmark. It will shape gun rights for decades to come, and could determine the outcome of the presidential election."
InternationalAfricaThe Horrific Results of Gun-Free ZonesWorld Net Daily Unarmed villages are prime targets for attackers seeking rape, murder, and child soldiers to be coerced into their ranks.
AustraliaMoves to Ease Handgun Laws for JuniorsABC News "The Shooters Party has defended its push to allow minors as young as 12 to use high-calibre handguns in shooting competitions."
CanadaT.O.'s handgun ban defies logicLorne Gunter A Canadian pundit wonders grimly how the Mayor of Toronto's planned additional restrictions upon the law-abiding would do anything more to reduce crime.
Council pulls trigger on gun clubsJeff Gray and Jennifer Lewington "...Mr. Miller and his allies cited police reports that show legal handguns are often stolen and used in crimes. In 2007, the Toronto Police Service said that 178 of 368 traceable crime guns seized by authorities were stolen from owners with a permit."
Feds Reject Ontario's Call for Handgun BanThe Canadian Press "The federal Conservative government has rejected Ontario's call for a ban on handguns."
Quebec Man Acquitted in Police Officer's DeathThe Canadian Press "A Quebec man who claimed he fatally shot a police officer because he mistook a drug raid for a home invasion has been acquitted of first-degree murder in the death."
JamaicaGun control an urgent priority for JamaicaPress Release Gun prohibition has been a catastrophic failure in Jamaica, but UNICEF refuses to consider allowing the good citizens of Jamaica to protect themselves. This is hardly the only instance of UNICEF diverting money from children in order to push a political agenda. See Dave Kopel, Tricked by UNICEF: Financing of Palestinian terrorism makes for one scary Halloween. National Review Online, October 26, 2007, here: http://tinyurl.com/3bndxn
KenyaLaw Should Be Changed to Free Guns "If Kenya is to achieve long-lasting stability, it ought to borrow a leaf from the US, whose constitution gives the people the right to bear arms and form militias for their own defence should the armed forces fail them, as happened in Kenya after the December elections."
Why Herders Won't Surrender Their Firearms Just YetPaul Letiwa " 'How can the Government ask us to surrender our guns when we know very well that there is no security for us? If we give out our firearms, say today, who will protect us when the neighbouring tribes strike? How about our stolen livestock? Who is going to return them to us?" Mr Lengilikwai talks with bitterness.' "
South AfricaA Gun-Toting HeritageFikile-Ntsikelelo Moya "Given everything we have seen, show us why shooting the bastards cannot make the situation any better than it is now. Perhaps then we will think of more humane ways to deal with them."
United KingdomBritain Faces Growing Knife-Crime CultureMark Rice-Oxley "Britain is redoubling its efforts to stop young people carrying knives, after a volley of fatal teenage stabbings and headlines warning that the country is in the grip of a knife-crime epidemic."
MacAskill Vows to Raise Concerns over Scotland's 500,000 Air WeaponsMichael Howie "Recorded firearms casualties in Scotland rose by a quarter in 2006-7 – one in three of the victims were children and 58 per cent of the incidents involved air weapons. Cases of attempted murder involving firearms were almost three times that of a decade ago."
Anger over Relaxing of Gun Law for OlympicsJenny Percival "Anti-gun campaigners have warned the Government not to relax firearms legislation in the run-up to the London Olympics, saying: 'A child's life is not worth a medal' "
Disarming Britain: Channel 4 Promotes Anti-Gun SeasonMark Sweney Britain's Channel 4 is producing a series in apparent partnership with the British government aimed at disarming Britain's youth, who the series will show as increasingly armed with knives and guns. The series will include dramas and factual material.
United Nations/IANSAIANSA Update 13 June 2008Informational Web Page This is a list of press releases, the first commemorating the 'Global Week of Action Against Gun Violence' that took place June 2-13. "A record 81 countries took part in the 2008 Global Week of Action Against Gun Violence, a huge achievement by the IANSA network. Over 230 radio, TV and print media organisations worldwide reported members' activities and statements during the Week. The IANSA secretariat wishes to thank our members for reporting their activities so promptly, which enabled us to share news with the network throughout the week in three languages." There is also a link to a region-by-region summary of the events scheduled for the week here: http://www.iansa.org/campaigns_events/WoA2008/index.htm
Stop the Bullets, Kill the GunChoice FM YouTube Video Commercial This is a link to a commercial ChoiceFM made for the 'Global Week of Action Against Gun Violence,' depicting various objects filmed in slow motion as they are shattered by flying bullets--the last scene showing a child's head. There is no dialogue, just the slogan of the title.
The European UnionGun Control Strengthened after EU Ministers Approve Commission ProposalPress Release The Ministers of the EU have enacted a laundry list of measures which they here proclaim shall reduce firearms crime and illegal trafficking throughout the EU.
Culture and CrimeWhy DC's Bad Guys Have So Many GunsHarry Jaffe "Forget the Supreme Court—and DC's gun ban. We won't get guns off the streets until politicians, judges, and law-enforcement officials get serious about stopping the mayhem."
Anti-gun Promo BlackfiresAlan Korwin Maps of Baltimore showing the city's homicides sent a message the Baltimore Sun did not intend when they went on to print the demographic maps corresponding to the overall homicide locations.
Feds Plan to Study Prairie Dogs for Possible Endangered StatusGary Harmon "A week after a Colorado state agency refused to ban shooting white-tailed prairie dogs, the U.S. Fish and Wildlife Service said Tuesday it will study the rodent to determine if it should be protected as an endangered species." Anti-hunting groups are hoping that reclassification of White-Tailed Prairie dogs as an endangered species will end the popular sport of shooting them.
American Murder MysteryHanna Rosin An article examining crime in Memphis shows that gun criminals tend to live in Section 8 subsidized public housing.
Gun Manufacturers Continue to Aid Gun BannersKen Hanson, Esq. Mr. Hanson points out that firearms manufacturers are equipping governmental agencies with agendas decidedly hostile to civillian firearms ownership.
We Will Use Our Gun, says JolieBang Showbiz.com "Los Angeles - Angelina Jolie and Brad Pitt keep a gun in their house to protect their family."
The Smoking GunJohn Glaser "The police were wrong, and it led to tragedy. But even if they were right, would it have been reasonable for them to raid the home of a man with no prior criminal record after nightfall?"
Self-defense and CarryingALEC Adopts "Campus Personal Protection Act!"Press Release The American Legislative Exchange Council (ALEC), an organization which provides ideas for conservative state legislators, has created a model law to restore the right of self-defense on university campuses.
More Churchgoers Carrying FirearmsHector Gutierrez "Ever since a gunman went on a deadly shooting rampage at a missionary training center in Arvada and a Colorado Springs megachurch, law enforcement and security officials are encountering what they believe is a growing dilemma - people packing firearms when they go to worship." An armed member of the Colorado Springs church stopped a would-be mass-murderer early in his assault.
Our Views: Opposition Kills Campus Gun BillAdvocate Opinion Page Staff "Lousiana college and university students and officials have prevailed against a proposal to allow concealed weapons on their campuses."
Concealed-carry Guns have No Place on College CampusesHouse Editorial More media opposition to a bill aimed at allowing legal concealed carry on Lousiana's college campuses. Note: Law student Elizabeth Cooke, who testified in favor of the bill, was a summer intern at the Independence Institute. She is the author of an article for the Journal on Firearms & Public Policy, summarizing recent federal court decisions.
Gun Bans Can't Stop Wackos Bent on MurderE. Thomas McClanahan (Load the site twice to bring up the editorial) "The panel that oversees Kansas state universities has decreed that campuses under its control shall be weapons-free. I wonder: Will students, faculty and staff feel safer?"
Va. Grants 60% More Permits For Guns: Concealed-Carry Surge Tied to Va. Tech KillingsTom Jackman "The number of Virginians who obtained a permit to carry a concealed weapon jumped 60 percent last year over 2006, an increase that many gun experts say was a reaction to the fatal shootings of 32 students and professors at Virginia Tech."
Walt Disney World Fires Back on Guns at WorkScott Powers and Jason Garcia "The giant resort has declared that much of its sprawling property is exempt from a new state law that allows Floridians with concealed-weapons permits to keep firearms locked in their cars at work... Disney cites language within Florida's newly enacted 'Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008' that creates an exception for companies whose primary business is to manufacture, use, store or transport explosives regulated under federal law."
PoliticsGOP aims at Obama after Gun RulingDavid Paul Kuhn "...Republicans believe that the gun debate will help ground Obama's effort to 'transcend' the culture wars. 'We will blast him about this ruling,' said McCain spokesman Tucker Bounds, as the Republican's communication team prepared to organize a morning conference call to raise Obama's prior votes on guns and challenge his silence on the ban. 'It's a hard contrast issue, and we are going to hit it out of the park.' "
McCain On Crime Gun Trace DataPaul Helmke Paul Helmke has served as President of the Brady Campaign/Center to Prevent Gun Violence since mid-July 2006. He has found several of John McCain's earlier anti-RKBA stances that the Senator has not mentioned in the context of his current presidential campaign.
JudiciaryNRA Files Second Amendment Lawsuits In Illinois And California Following Supreme Court RulingPress Release "Following up on yesterday's Supreme Court ruling that the Second Amendment protects a private right to possess firearms that is not limited to militia service, the NRA today filed five lawsuits challenging local gun bans in San Francisco, and in Chicago and several of its suburbs."
Ohio Justices to Enter Fray over Gun LawsCatherine Dolinski "A federal judge declined on Wednesday to stop Florida's new guns-at-work law from taking effect on Tuesday." This is the law the Walt Disney corporation is seeking to obviate.
Hunters Can't Blame Landowners, Missouri Supreme Court SaysAllison Retka "When Missouri landowners give people free access to their land, they are immune to any suits filed over injuries or deaths on the property, the state Supreme Court decided Tuesday."
Police in Gun Searches Face Disbelief in CourtBenjamin Weiser "...the judge, John E. Sprizzo of United States District Court in Manhattan, concluded that the police had simply reached into the pack without cause, found the gun, then 'tailored' testimony to justify the illegal search. "You can't have open season on searches," said Judge Sprizzo, who refused to allow the gun as evidence, prompting prosecutors to drop the case last May."
2nd Circuit Dismisses NYC's Suit Against Gun Manufacturers: Gun Makers Found Insulated Under U.S. LawMark Hamblett "The 2nd U.S. Circuit Court of Appeals on Wednesday dismissed the city's suit, upholding an act of Congress that insulated Smith & Wesson and other gun makers from liability while holding that New York's public nuisance law does not fit into an exception in the act."
Judge tosses two city gun lawsAndrew Maykuth "A Philadelphia judge yesterday sided with the National Rifle Association and struck down city ordinances banning assault weapons and limiting handgun purchases to one a month."
High Court Upholds Gun Law: Ruling Backs Legislation Passed in April to Lower Age LimitSchuyler Kropf "In a unanimous decision stemming from an Upstate murder case, the court said the state's handgun ban for people under 21 is unconstitutional."
The StatesLouisianaLegislative Briefs: Lawmakers Approve Firearms MeasureStaff Report "Legislation that would allow people to legally take firearms in their vehicles to the workplace and onto other private property won final legislative approval Friday and is headed to the governor's desk."
New JerseyBuy it Yesterday, Ban it Today, Get 10 Years TomorrowPress Release "Yesterday, A339 passed out of the full Assembly in New Jersey by a vote of 47-28-4. This bill would prevent law-abiding citizens from purchasing more than one handgun within a 30-day period."
New YorkGov. Paterson And Legislative Leaders Announce Agreement On Legislation To Ensure More Complete Background Checks For Firearms OwnershipGov. David Paterson (D-NY) "The legislation implements new federal requirements enacted in response to last year's Virginia Tech shootings."
OhioOhio Governor Signs 'Castle Doctrine' Bill Despite Concerns by Law EnforcementBlade Columbus Bureau "Gov. Ted Strickland yesterday bucked some law enforcement organizations by signing a bill giving would-be victims the benefit of the legal doubt when they harm or kill someone illegally entering their homes or vehicles."
Rhode IslandRhode Island Legislature Adjourns for YearPress Release "Before adjourning its 2008 Regular Session on Tuesday, June 24, the Rhode Island State Legislature passed House Bill 7657A. HB7657A, introduced by State Representatives Peter Palumbo (D-16) and Richard Singleton (R-52), makes it possible to transport pistols and revolvers within the state as long as the ammunition is transported in a different location within the vehicle, not readily accessible from the passenger compartment. Also, with your support, both the House and Senate versions of micro-stamping legislation failed to garner sufficient support to pass before the Legislature adjourned this session."
South CarolinaSouth Carolina Legislature Overrides Governor's Veto of Tax Holiday for Firearm Purchases!Press Release "This legislation contained a provision to create a "tax holiday" on the purchase of firearms during the Friday and Saturday after Thanksgiving. Dubbed the "Second Amendment Recognition Act," this legislation was introduced by pro-Second Amendment stalwart and recent recipient of the NRA's Rick Daniel Memorial Defender of Freedom Award, State Representative Mike Pitts (R-14)."
ResearchFirearm Suicide and Homicide Rates Associated with Level Of Background Check at Time of Firearm PurchasePress Release "States that perform local-level background checks for firearms purchases are more effective in reducing firearm suicide and homicide rates than states that rely only on a federal-level background check, according to a new study by researchers at the Medical College of Wisconsin in Milwaukee."
Interpreting the Right to Bear Arms — Gun Regulation and Constitutional LawRhonda Cook BATFE and NSSF representatives accuse the Brady Center of using improper data to fault Georgia as a source of illegal firearms.
Handgun Violence, Public Health, and the LawKatherine A. Vittes & Susan B. Sorenson "We found that restrained persons were not a less law-abiding group in general, but they appeared to be repeatedly or serially abusive to intimate partners, and their handgun purchase rates were highest after their restraining orders expired." This is an abstract of the full article, which requires purchase. The conclusion appears to be that those barred from owning firearms by restraining orders buy firearms once they are allowed to own them, again.
Firearms micro-stamping feasible but not ideal, experts sayWendy Wang "UC Davis forensic science program researchers testing new microscopic engraving technology on gun firing pins have concluded that while it is feasible, the technology did not work well for all guns and ammunition tested." The technology is supposed to assist in criminal law.
Much Ado About...Something Else: D.C. v. Heller, the Racialized Mythology of the Second Amendment, and Gun Policy ReformMaxine Burkett "It is my contention, however, that Heller's resolution of the existing circuit split will almost certainly have little practical effect nationwide on gun policy. The reason is simple: The persistent and always tense debate over gun rights has thinly veiled underlying racial and socio-political struggles that are as old as the Union itself. In this article, I argue that the greatest legacy of Heller will lie not in its interpretation of the constitutional right to bear arms, but rather its potential to generate a reformed conversation about gun policy and its racial implications." The full article requires purchase at this http://papers.ssrn.com/sol3/PIP_Journal.cfm?pip_jrnl=882372URL. Maxine Burkett's biography and writings can be found at this http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=691827 URL.
Shot Down: Gun Law Study Shows No EffectPress Release "In a new peer-reviewed study, Dr Samara McPhedran from the School of Psychology, and her colleague Dr Jeanine Baker, who also hold executive positions in the International Coalition for Women in Shooting and Hunting, show that the accumulated studies on Australia's 1996 gun bans and half billion dollar 'buyback' do not point to an impact."
This newsletter is compiled with help from Dr. Rob S. Rice. For more on this fescennine, yet pertinacious individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. A sea of apathy is not enough to drown the imminent release of Dr. Rice's second published novel, a companion volume to the one to be found here: http://tinyurl.com/5u75c5 Al Qaeda delenda est! |
