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Dave Kopel's Second Amendment Newsletter.  Nov. 23, 2004


About once a month, Dave Kopel produces a free e-mail Newsletter containing short summaries and links to important new research and writing involving the Second Amendment and firearms policy. The newsletter also reports on Kopel's latest writing.

The content of this newsletter is produced by the Second Amendment Project at the Independence Institute, a think tank in Golden, Colorado. The newsletter is electronically distributed by the Second Amendment Foundation in Bellevue, Washington. Thus, the Second Amendment Foundation will be given your e-mail address.

Archive of past issues.

Dave Kopel's Second Amendment Project is based at the Independence Institute, a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org



Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington
http://www.saf.org


Please visit Dave Kopel's website, containing articles on the Second Amendment and other freedom topics.
http://www.davekopel.org


Table of Contents for this issue
 
1. New by Kopel: Law Review article on concealed carry, Hillary's future Presidency,  law review article on the Torah, Election, Pre-Emption, and Ambrose E. Burnside.  Plus lots of blogging.

2. International: Canadian homicides, Mexican Pistolero Priest, Kiwi  Self-defense, Russian civilians arm in response to Terror, Britain's  government supports Anti-Gun Activists and Wants to ban Knives, de  facto total ban in South Africa.

3.  Culture:  No Sporting Shotguns in High School Yearbook, Long John  Silver's fires manager who drove off armed robbers, Hunters' Mental  Health, and Dan Rather.

4.  Terrorism: Effort underweigh to overcome Mineta's Resistance to  Armed Pilots

5.  States:  Oklahoma resists Anti-2nd Amendment Lawsuits.

6.  Reference:  Owners' Manuals On-line!
========================

1. New by Kopel

A. Law Review Articles

"The Licensing of Concealed Handguns for Lawful Protection: Support  from Five State Supreme Courts."
http://www.davekopel.com/2A/LawRev/

The-Licensing-of-Concealed-Handguns-for-Lawful-Protection.pdf
This is an Adobe Acrobat PDF version of Dave's forthcoming Albany Law Review  article of recent decisions in New Mexico, Missouri, Ohio, Wisconsin,  and Rhode Island.

The Torah and Self-Defense
109 Penn State Law Review 17 (2004)
http://www.davidkopel.org/2A/LawRev/The-Torah-and-Self-defense.pdf
There is sanction in the oldest sacred writings of Judaism and  Christianity for personal protection.

B. Other Articles

How Hillary Clinton Won the Presidential Elections of 2008 and 2012: A  Retrospective From The Year 2150. 
November 9, 2004
http://www.davidkopel.org/Misc/OpEds/

How-Hillary-Clinton-Won-the-Elections-of-2008-and-2012.htm
Dave treats the possible revival of the Democratic party in  tongue-in-cheek fashion.

Arms Alive: The Second Amendment triumphed on Election Day National Review Online
November 3, 2004
http://www.nationalreview.com/kopel/kopel200411031134.asp
Election results

Voting On Target
National Review Online
November 2, 2004
http://www.nationalreview.com/kopel/kopel200411021307.asp
Key races analyzed

Who's Getting Your Vote? Reason's revealing presidential poll
Reason Magazine
November, 2004
http://www.reason.com/0411/fe.dc.whos.shtml
Reason magazine asked some its writers and friends for whom they were  voting; Dave explains his vote for Bush.

Ambrose E. Burnside: General, Governor, Senator, Civil Rights Activist  and First President of the NRA
America's 1st Freedom
October, 2004
http://www.davidkopel.org/2A/Mags/Burnside.pdf
This is Dave's article, in Adobe Acrobat form, about the Union general  who went on to become the founder and 1st president of the National  Rifle Association.
 
The Torch of Freedom. Roosevelt lit the path Kerry's afraid to follow After Pearl Harbor, the United States responded by invading neutral  French North Africa.
The National Review Online
October 7, 2004
http://www.nationalreview.com/kopel/kopel200410070847.asp
'Pre-emption' in national self-defense has a respectable pedigree in  the Democrat party.

Bait-'n'-Switch. Gun-prohibition lobbyists are after much more than  AK-47s.
The National Review Online
September 13, 2004
http://www.nationalreview.com/kopel/kopel200409130630.asp

C. Dave's Weblog Entries
 
Illinois Limits Gun Ban Enforcement:
November 12, 2004
The Volokh Conspiracy
http://volokh.com/archives/

archive_2004_11_14.shtml#1100709828
A new law in Illinois prevents the conviction of a person for violating  the handgun ban, if the person used the handgun for lawful self-defense  on his property.

Gun Case in the Supreme Court: Sporting Clays Case in Virginia The Volokh Conspiracy
November 4, 2004
http://volokh.com/archives/

archive_2004_11_00.shtml#1099594633
Does the federal ban on gun possession by convicted felons apply to convictions from Japan? Does Virginia's right to hunt protect the  right to operate a sporting clays facility?

Michael Moore and Osama bin Laden:
The Volokh Conspiracy
Nov. 1, 2004
http://volokh.com/archives/

archive_2004_11_00.shtml#1099339808
Osama is Michael Moore's most famous fan..

Federalists "sniped" at Western New England College School of Law
The Volokh Conspiracy
Nov. 1, 2004
http://volokh.com/archives/

archive_2004_11_00.shtml#1099323088
Dave's speech at Western New England College School of Law, in  Springfield, Massachusetts provoked an Administration-sponsored  'counter event.'

Debunking Moore
National Review Online:  The Corner
October 23, 2004
http://www.nationalreview.com/

thecorner/04_10_17_corner-archive.asp#043170
Dave's efforts to illuminate Moore's distortions are beginning to attract substantial notice.

For Your Viewing
National Review Online:  The Corner
October 16, 2004
http://www.nationalreview.com/thecorner

/04_10_10_corner-archive.asp#042769
A new 14-minute film, now available for web viewing, uses Michael  Moore's film-making techniques to examine J.R.R. Tolkien's War of the  Ring.

AK-47
National Review Online:  The Corner
http://www.nationalreview.com/thecorner

/04_10_10_corner-archive.asp#042619
October 16, 2004
The authentic AK-47 (an automatic rifle) is not and never has been illegal; but it is very severely  regulated by the National Firearms Act of 1934, which covers automatic firearms.

D. New Movie.

Farenhype 9/11.
Rebuts Michael Moore's lies, and features extensive interviews with Kopel and with David Hardy.
Hundreds of thousands of copies already sold!
http://www.farenhype.com

E. Coming in early December, on Kopel's website
Draft law review article on Microdisarmament in six nations (Bougainville, Cambodia, Albania, Guatemala, Panama, and Mali). Explains how gun prohibition violates human rights, including the right to keep and bear arms which is implicit in the Universal Declaration of Human Rights.


2.  International

Canada

Firearm Homicides, By Type Of Firearm And Registration Status, 1997-2003
Statistics Canada
http://www.garrybreitkreuz.com/publications/

FirearmHomicidesbyRegistrationStatus,1997-2003.xls
In 2003, 71% of the 548 victims were murdered using something other  than a firearm.  This web page is a spreadsheet in Microsoft Excel  Format.

Mexico

Parishioners Protest Firing Of Pistol Packing Priest
Reuters Newsfeed
CNN.com
November 5, 2004
http://www.cnn.com/2004/WORLD/

americas/11/05/mexico.priest.reut/index.html
Angry parishioners chained shut a church in central Mexico on Friday in  protest at the sacking of their priest, whose habit of tucking a gun  under his robes has earned him fame and the nickname "Padre Pistolas."

New Zealand

Bill Seeks To Restore Right Of Self-Defence
Danya Levy
New Zealand Press Association
November 1, 2004

(The article is difficult to obtain online, Dave here excerpts itl)
 Wellington, Nov 1 - People in rural areas should have the right to
defend themselves and their property and the law needs to be changed so  they don't feel helpless in their homes, MP Stephen Franks said today.

ACT Party's justice spokesman today launched his draft of the Crimes  (Self-Defence) Amendment Bill which seeks to restore the defence of  provocation, removed in the 1980 Crimes Act.

The issue has come to the fore following the recent home invasion and  assault of Rotorua businessman Peter Bentley and the trial of Northland  farmer Paul McIntyre who shot a burglar two years ago.

Russia

Firearm fever in Russia
Pravda
9/16/2004
http://english.pravda.ru/printed.html?news_id=14240
After the recent terrorist act in Beslan, Russians began purchasing  legal means of self-defense.  The article notes that many Russians are  not resigned to defenselessness in the presence of Al-Quaida  and other such killers.

South Africa

No Legal Guns Sold Since July
News24.com (Johannesburg)
September 27, 2004
By Lizel Steenkamp
http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_1595913,00.html
Efforts to comply with the newest firearms laws in South Africa seem to  be futile for anyone wishing to retain their firearms or the use of  them.  Witness the following account from a South African:
"I sit here tonight like Job on the smoking ruins of a life spent to  protect the right of the law-abiding to keep and bear arms.  In three  months an anti-gun Marxist government has destroyed my ability to pay  my house, drive a car, pay for medical aid and send my children to  school.

"South Africa is the home of hunting and the crime capital of the world.   To handle either the law-abiding citizen loyal to the law of the land  needs firearms.  Under the pretence of permitting but regulating same  our government has destroyed our right to practice our sport of choice,  earn an honourable living or defend ourselves.

"You can apply for renewal of your gun licences:  If you have a  competency certificate.  To get a competency certificate you have to  pass a written test on law, safety, firearm handling, safekeeping,  transportation, firearm maintenance, etc. at an accredited instructor. Right now there are now more than a handful of instructors that have  been accredited in a country covering 471,445 square miles.  Let us say  there are 20 accredited instructors.  That means that there is one  instructor per 23,572 square miles in this country, or one accredited  instructor per 140,000 members of the population.  If you want a new  gun licence you need to pass not only the written test, but a practical  shooting test on an accredited range as well.  We do not have 30  accredited ranges in this country due to administrative backlogs.  All  the ranges that have functioned without incident for decades are now  illegal unless re-inspected, and approved at great cost.

"Once you have passed your proficiency tests at an accredited  instructor (which I have to redo despite having been a former Captain  in the old SA Army with 20 years combat experience, 30 years of  incident free hunting, being the widest published gunwriter in Africa,  a former lawyer specializing in firearms law, a reloader of 42  cartridges, executive official of every major gun/hunting association  in Africa, a military instructor in infantry platoon weapons, and  armoured cars, a former advanced tactical instructor in rifle, handgun,  shotgun and assault rifle and having passed the professional hunter  exams) he has to send your papers to the Standards of Education  Authority (SETA).  The SETA can then take up to 10 weeks to issue your  certificate.  Once SETA recognises your ability you can then apply to  the Police for a Competency Certificate.  The Police may or may not  issue your certificate in 9-12 months.  Once you have the competency  certificate you can then apply for either renewal of your existing  licences (which we do not know how long it will take as it has not been  done), or for a new licence which takes up to 12 months.

"If you have a pistol, shotgun and two rifles, you will regardless of  your competency not be issued with more firearm licences unless you are  (1) a member of an accredited hunting, collecting or sport shooting  body, (2) supply a letter of support from the body, and (3) can  convince the police of your need for that firearm, (4) the police has  interviewed your family and neighbours (!) none of whom opposed your  application (5) you have the necessary safekeeping facilities more or  less equal to bank card machine security.

"If your licence application is refused you can appeal.  Problem is the  so-called appeal board is not functional and there is a backlog of tens  of thousands of appeals still to be heard.

"Frankly it is a mess created by deliberate bureaucratic malfunction. In due course I predict that application costs will be raised to  prevent even the diehards that conform to the virtual impossible from  firearm ownership.  In the mean time few of the guns used by the ANC  forces during the struggle have been recovered.  Suddenly the current  government does not remember to whom it had given guns during struggle  days.

"From the more than 700 gunshops in this country and 15,000 guns  retailed per month we have dropped to zero.  I expected a setback.  I  expected a 50% loss in income.  I never expected total commercial  melt-down.  I lost everything to doctors 11 years ago when my son was  born with brain damage and spent months in intensive care.  I am losing  everything again - even the ability to keep my wife on her medication. They look at me and I have no answer.  I am ashamed at having failed  them without having done anything wrong.

"Where do I go from here?  What do I do for my family?  My skills are in  gunwriting, publishing, expo's, ballistics and lobbying.  None of which  are needed here any longer."

United Kingdom

British Home Secretary Admits To Using Taxpayers' Money To Fund  Anti-Gun Lobby Group House of Commons Hansard Debates for 18 Oct 2004
http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/cm041018/debtext/41018-01.htm#column_606
"We have also given 10,000 to Mothers Against Guns" The remark in the  official debate transcript here appears about 3 pages down.  The  advocacy group to which the Home Secretary is funneling taxpayer money  has a web page at:
http://www.mothersagainstguns.net/

Vulnerable Pensioners Need The Self-Defence Law Changed
By Karyn Miller and Julian Gavaghan
The Telegraph
November 11,2004
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/11/07/nburg107.xml&sSheet=

/news/2004/11/07/ixnewstop.html
Two women in their eighties have been brutally beaten in their own  homes by burglars in the past few days. This article argues that the  attacks are two more reasons as to why vulnerable householders must  have the right (what about the means?) to defend themselves against  violent intruders. 
WARNING:  The article's photographs of the victims are quite graphic.

Playing With Guns Is 'Good For Boys'
By Murdo Macleod and Scott McCulloch
The Scotsman
November 6, 2004
http://news.scotsman.com/index.cfm?id=763492003&rware=PWTCOLYKOFOV&CQ_CUR_DOCUMENT=1
Banning boys from playing with toy guns is futile and may even damage  their development, a leading child psychologist has warned.

Where I Come From, Our Homes Are Still Our Castles
By Joyce Lee Malcolm
The Sunday Telegraph
October 31, 2004
http://www.opinion.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2004/10/31/do3102.xml&sSheet=

/opinion/2004/10/31/ixopinionhtml
An American editorialist reminds the population of Britain and  Scotland that in some places people still have the right and means to  resist intruders into their homes.

Blunkett Backs Call For 'Right To Fight Back' Against Burglars
By Patrick Hennessy
News.telegraph
October 31, 2004
http://www.opinion.telegraph.co.uk/news/

main.jhtml;sessionid=25OPLUUVG21FTQFIQMGSM54AVCBQWJVC?xml=/news/2004/10/31/nburg31.xml

&secureRefresh=true&_requestid=5406
David Blunkett, Britain's Home Secretary, has given his backing to The  Sunday Telegraph's campaign to change the law to give homeowners more  rights to protect themselves against burglars.  This is the same fellow  funneling money to an anti-gun group.

New laws aim to ban shops from selling knives
By Brian Currie
Evening Times Online (Scotland)
November 8, 2004
http://www.eveningtimes.co.uk/print/news/5032285.shtml
New laws banning high street shops from selling assault knives,  machetes and other weapons could be introduced by the end of next year.
Sales of replica guns will also be banned because they can be  converted into useable firearms. First Minister Jack McConnell has been  in talks with chief constables on how to combat the rising level of  knife crime, which is at its highest level for 10 years.


3.  Culture

N.H. School Board Bans Photo Of Pupil Posing With A Shotgun From Senior  Yearbook
The Daily Ardmoreite
October 14, 2004
http://www.ardmoreite.com/stories/

101404/new_1014040012.shtml
This article displays the picture a New Hampshire school board will not  allow a student to use in his Senior Yearbook.

Teen Worker Defends Her Fired Boss
Lubbock Online
October 6, 2004
http://www.lubbockonline.com/stories/100604/upd_075-3585.shtml
A manager of a Long John Silver's seafood restaurant lost his job for  resisting, successfully, an armed robber who was leading him to the  back of the store.

Hunting And Mental Health
By James A. Swan, Ph.D.
ESPN Outdoors
November, 2004
http://espn.go.com/outdoors/general

/columns/swan_james/1906103.html
This article on ESPNOutdoors.com responds to insinuations that hunters  are prone to mental illness.

Busting Some Caps In Lower Manhattan
By Sarah Portlock
Washington Square News
November 9, 2004
http://www.nyunews.com/features/citylife/8266.html
"Facing another four years of Bush, I realized it was high time to see  what the Second Amendment crowd is so frothed up about. I decided to go  shooting..."

This isn't Dan Rather's first time in hot water
By Ron Schara
ESPN Outdoors
November, 2004
http://espn.go.com/outdoors

/general/columns/schara_ron/1893211.html
"Dan Rather's recent fall from journalistic grace happened -- for some  of us -- a long time ago. The evening of Sept. 5, 1975, to be exact. On  that day, a much younger and very dashing Dan Rather was the host of a  CBS special entitled "Guns of Autumn... I realized Dan Rather had lent  his journalistic credibility to a hatchet job on America's hunters."


4.  Terrorism

Bill To Stop Tsa Obstruction Of Armed Pilots
Press Release
Gun Owners of America
October 6, 2004
http://www.gunowners.org/a100604.htm
The Goode-Paul amendment in the House of Representatives hope to counter Transportation Secretary Norm Mineta's purposeful foot-dragging on arming U.S. airline pilots who desire to resist attacks upon the cockpit.


5.  States

Oklahoma Attorney General Responds To Lawsuit Over New Gun Law
Associated Press
The News on 6 (KOTV.com)
November 10, 2004
http://www.kotv.com/main/home/stories.asp?whichpage=1&id=72286
The state is preparing to square off in federal court against Whirlpool  Corporation and several other Oklahoma businesses which are trying to  overturn a new gun law which prohibits corporations for firing employees who have a hunting gun in the trunk of their car in the corporate parking lot.

Text of trial court decision in Denver v. Colorado, ruling that the  Colorado legislature may not pre-empt Denver's gun laws.
http://www.davekopel.com/2A/Lawsuits/Denver-versus-Colorado-trial-court-opinion.pdf
Judge Meyer has an established record as a very political and leftist judicial activist.


6. Reference

Owner's Manuals
Stephen Ricciardelli
November 08, 2004
http://www.again.net/~steve/page7b.htm
This thoughtful gentleman has produced an excellent archive of firearms  owners' manuals which he has converted to Adobe Acrobat (.pdf) format,  which are required to view or print them.  He solicits additional  manuals and donations for this praiseworthy-and potentially  life-saving-effort.


This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice, who hopes to be mistaken at restaurants and on the lecture circuit for  the nominee for Secretary of State, is also a poet, writer and factotum  of matters electronic to Dave Kopel.
 
Al Qaeda delenda est!

 

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