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Dave Kopel's Second Amendment Newsletter. September 7, 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



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Please visit Dave Kopel's website, containing articles on the Second Amendment and other freedom topics.

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Table of Contents for this issue
 
1. New by Kopel: Arming teachers against Islamist terrorists. The NYC City Council and the NRA. Sudan's disarmament led to genocide. 'Non State Actors' with guns.
 
2. So-called 'Assault Weapons.'
 
3. Ireland Allows Competitive Shooters Pistol Licenses.
 
4. African small arms; Australian gun ban; Canadian Registration; Swiss militia; Fishermen in Trinidad.
 
5. Culture: Unilateral pizza driver disarmament. Abigail Kohn.
 
6. States: Michigan, Minnesota, Ohio, and Virginia
 
7. Federal: NICS Reform, Senator John Kerry's Votes
 
8. Politics: Kerry reaches out to dubious gun owners, Missouri governor loses primary.
 
9. Scholarship: Halbrook on Litigation, Laws and Teen Suicide, Battered Women,
 DOJ on BATF
 


1. New by Kopel
 
Follow the Leader: Israel and Thailand set an example by arming teachers.
Russia should follow, to prevent more hostage-taking in schools.
National Review Online
Sept. 3, 2004.
http://www.nationalreview.com/

kopel/kopel200409022215.asp
 
City Council v. NRA. New York City Council is upset that NRA will attend
Republican Convention.
National Review Online
Aug. 30, 2004
With Paul Blackman.
http://www.nationalreview.com/comment

/kopel_blackman200408300841.asp
 
Avoiding Genocide. The right to bear arms could have saved Sudan.
National Review Online
Aug. 18, 2004
With Paul Gallant & Joanne D. Eisen.
http://www.nationalreview.com/comment/

kopel_gallant_eisen200408180824.asp
 
"Firearms Possession by 'Non-State Actors': the Question of Sovereignty,"
Texas Review of Law and Politics 8(2004), pp. 373ff.
With Paul Gallant & Joanne D. Eisen.
In PDF (Requires Adobe Acrobat Reader).
http://www.davekopel.com/2A/LawRev/Non-state-actors.pdf
 
Two Cheers for Violence. Pacifists often claim that violence only begets violence. They are wrong.
Liberty. Sept. 2004.
http://www.davekopel.com/2A/Mags/Two-Cheers-for-Violence.htm
 
Coming soon: National Review Online article on "assault weapons" as a wedge for gun prohibition.
America's 1st Freedom article on Ambrose E. Burnside, the first President of the National Rifle Association.
 



2. So-called "assault weapons"
 
A Glorious Sunset: On Assault Weapons and Laws that Fade Away
Brian Doherty
Reason Magazine Online
July 15, 2004
http://www.reason.com/links/links071504.shtml
 
Weapons Of Mass Delusion; Banning Assault Guns May Be Well-Intended, But It Seems Like An Exercise In Futility
Editorial
York (PA) Daily Record
July 19, 2004
http://ydr.com/story/opinion/34180/
 
The ban expires at midnight, eastern time, on Sept.13, 2004.
Gun prohibition advocates have scheduled Thursday, Sept. 9, for an all-out phone blitz of Congress and the White House
 

3. Ireland Ends Handgun Prohibition
 
Dear Tom [Mason]:
 
For the first time in 32 years we have succeeded in having the first pistol licensed to a target shooter in the Republic of Ireland.
 
In 1972 the Minister for Justice issued a 30 day temporary custody order, allowed under Irish Firearms Legislation, at the expiry of the order the firearms handed up in good faith should have been returned.
 
The Government and police decided not to issue firearms certificates for the firearms handed in under the order, the effect has been to prevent lawful owners of the firearms access to them for more than30 years.
 
Why were the authorities successful in "seizing" the firearms, "registration" each legally owned firearm in Ireland is held on an individual firearms certificate, renewable annually at a cost of 38 per rifle/pistol and 25 for a shotgun 6.00 for additional shotgun, in 1972 if one did not hand in the legal firearms the police came to the individuals home and seized the guns.
 
Why have we succeeded in getting bask our pistols? We took the police to the High Court on several counts, 1) Individuals were prevented from owning rifles in excess of .270 calibre 2) No one could legally possess a pistol even a BB Gun, we challenged both issues and the State defended their cases right until we came to the Court hearings they then conceded each and every case we brought.
 
Quote from our first pistol success!!!
 
"Just to confirm that at 11.30am today, in Wexford Garda Station, I received a Pistol Licence for my .22 Vostok Toz Olympic Freestyle Target Pistol. This is the first Pistol Licence to be issued to a private citizen in the Republic since the one month temporary custody order which was implemented on July 31 1972 confiscating all licensed pistols etc, and follows my High Court action challenging the refusal of the Garda authorities to issue such licences. This brought an end to 32 years of injustice. I now have in my possession my previous licence which expired on July31 1972 + the new licence issued today. I think its reasonable to say that I have righted a 32 year old wrong. A good day for democracy."
 
FB 30th July 2004
 
Kind Regards
Declan Keogh
PRO
National Rifle and Pistol Association Ireland
 



4. International
 
Africa
 
Body Wants Better SADC Gun Control
By Wezi Tjaronda
New Era (newspaper) Nambia
2004-08-17
http://www.newera.com.na/

archives.php?id=2656&date=2004-08-17
The newly formed Southern African Network on Small Arms (Saansa) has called on southern African governments to agree on having an arms trade treaty in time for the next UN arms conference in 2006.
 
Australia:
 
Gun Control: The Brady Campaign, White Lies, And Damn Lies
By Howard Nemerov
ChronWatch
July 15, 2004
http://www.chronwatch.com/content/contentDisplay.asp?aid=8443
Nemerov refutes a refutation of the NRA's points regarding Australian gun prohibition by the 'Brady Campaign.'
 
Guns and deep remorse in the land Down Under
By John Gleeson
The Winnipeg Sun
August 6, 2004
http://www.canoe.ca/NewsStand/Columnists/Winnipeg/

John_Gleeson/2004/08/06/570539.html
Australians spent at least half a billion dollars to collect and destroy hundreds of thousands of legally owned guns, and the result? No decrease in violent crime, armed robberies up by 166%.
 
Canada
 
Gun Registry Problems Not Being Fixed: Information Commissioner
Garry Breitkreuz
Firearms Facts Update
July 21, 2004 (Scroll Down)
http://www.garrybreitkreuz.com/publications/Article411.htm
Canadian bureaucracy can find no evidence of efforts to repair the defects in Canada's national gun registry despite myriad complaints of errors and vast cost overruns.

Switzerland
 
Swiss Stick To Their Guns As Defense Minister Moots End Of Militia Army
AFP Wire
Space War
Aug 08, 2004
http://www.spacewar.com/2004/040808091736.1cyy1i6t.html
The Swiss Defense Minister triggered an outcry on August 2 when he raised the idea of abolishing conscription, which in Switzerland means several weeks service a year with the militia for each adult male until the age of 30. Swiss militiamen keep modern infantry rifles in their homes.

Trinidad
 
Fishermen Call For Guns
By Richard Charan
Trinidad Express
July 30th, 2004
http://www.trinidadexpress.com/index.pl/article_business?id=31528156
Moruga fishermen know who the pirates are and can find them with the help of
the Coast Guard and with the guns for which they are calling.
 



5. Culture
 
Arming Delivery Drivers A Tossup For Pizzerias: Chains Won't Let Workers
Carry Guns, But Local Eateries Say Employees Need Protection From Robbery Hazards.
Indianapolis Star
July 16, 2004
http://www.ofcc.net/article2242.html
One more reason to buy your pizza from a local business.
 
Who are the real gun owners?
By James A. Swan
ESPN Outdoors
August 2004
http://espn.go.com/outdoors/general

Swan reviews 'Shooters: Myths and Realities of America's Gun Culture,' by Abigail A. Kohn, which examines the media myths which obscure the truth about American gun owners and shooters.
 



6. States:
 
Guns lobby racks up legislative gains across U.S.
By Alan Elsner
Reuters News
July 20, 2004
http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=5720654
"The powerful U.S. gun lobby seems poised for victory in a high profile battle to end a ban on some assault weapons and experts say it has also been piling up numerous quiet victories at the state level."
 
Michigan
 
Common sense should temper zero-tolerance
Editorial
Detroit Free Press
July 21, 2004
http://www.freep.com/voices/editorials/egun24_20040724.htm
"The state must ensure that Gov. Jennifer Granholm's new get-tough rules on parolees and guns don't become inflexible and impractical.
 
Michigan Prisons Could Swell Over New Gun Rules
By Chris Christoff
Detroit Free Press
July 21, 2004
http://www.freep.com/news/mich/parole21_20040721.htm
Governor Granholm's new parole rules will automatically put gun-toting parolees behind bars for 5 years or the remainder of their last maximum sentence, whichever is less. There are no cells available for large-scale implementation of the policy.
 
Minnesota
 
State Reverts To Old Handgun Law: Judge Tosses Out Concealed-Carry Measure
Based On Technicality
By T.W. Budig
Dakota Country Tribune
July 16, 2004
http://www.thisweek-online.com/2004/July/16mpparis.html
A judge voided Minnesota's Concealed Carry reform law on the grounds that the legislature passed the law improperly, by violating the single-subject rule.
 
Ohio
 
Concealed Guns Allowed In Parks
AP Wire
The Cleveland Plain Dealer
July 31, 2004
http://www.cleveland.com/ohio/plaindealer/

index.ssf?/base/news/109126635774571.xml
Officials in Arcanum, Ohio changed an ordinance that had banned the carrying of concealed handguns in parks after supporters of the state's new concealed-weapons law challenged it.
 
A Collective Sigh: Area Sheriff Departments See No Problems With New Concealed-Carry Law
By Stephanie Corbin
The Times Reporter (New Philadelphia, OH)
July 19, 2004
http://www.timesreporter.com/left.php?ID=31775&r=0
"Ohio's implementation of a concealed-carry weapons law in April caused some concern, but sheriff departments in the area say that they haven't seen any problems."
 
Concealed Weapons Opponents Find Optimism In Dismissal
Associated Press (OH)
The Newark (OH) Advocate
July 15, 2004
http://www.2ndamendment.com/Content/News/20040716-07.htm
Opponents of Ohio's concealed carry reform vow to keep trying to overturn the law in court.
 
CCW Permit Listings Hurt The Innocent
Commentary by Phillip Morris, Associate Editor
August 10, 2004
http://www.cleveland.com/news/

plaindealer/phillip_morris/index.ssf?/base/opinion/1092130307262051.xml
A newspaperman blames the legislature, not the newspaper, for the harms caused by newspapers printing the names of permit holders.
 
Be Extremely Careful In Ohio: Problems with the Ohio Concealed Carry Law
Press Release
Kentucky Coalition to Carry Concealed
http://www.kc3.com/editorial/oh_warning.htm
A Kentucky Concealed Carry Reform advocacy group warns of the perils involved in accepting Ohio's proffer of reciprocal carry rights for out of state gun owners.
 
Virginia
 
Gun Expo Held In Fairfax After Local Ordinances Overturned
Associated Press Wire
ABC 7 News (WJLA TV)
August 1, 2004
http://www.wjla.com/news/stories/0804/163148.html
The Virginia General Assembly overturned local gun ordinances, invalidating the Fairfax County requirement for a three day waiting period on firearms purchases at gun shows.
 
Virginia Tops Nation In New Pro-Gun Laws
By Michael N. Graff
The Winchester (VA) Star
July 16, 2004
http://www.winchesterstar.com/

TheWinchesterStar/040716/Area_VIRgin.asp
Fifteen in a single legislative session!
 
NRA hit bull's-eye with Va. lawmakers
Editorial
The Virginian-Pilot
August 8, 2004
http://home.hamptonroads.com/stories/story.cfm?story=74045&ran=43797
A newspaper editorial board offers a jaundiced assessment of the new reforms.
 
Guns Worn In Open Legal, But Alarm Va.: 'Exercising Right'
Called 'Unreasonable' by Some
By Tom Jackman
The Washington Post
July 15, 2004
http://www.washingtonpost.com/

wp-dyn/articles/A50416-2004Jul14.html
Open carry of sidearms is now legal in Virginia, but recent cases have provoked a worried reaction by police and onlookers.
 
Gun Rights Advocates Defend Open-Carry Law
By Christina Bellantoni
The Washington Times
July 20, 2004
http://washingtontimes.com/metro/20040719-102254-3826r.htm
Supporters of Virginia's 'Open Carry' law point out the deterrent value implicit in the law.
 



7. Federal
 
National Instant Criminal Background Check System Regulation
Federal Register
Rules and Regulations; Page: 43892
Vol. 69, No. 141
July 23, 2004
http://www.setonresourcecenter.com/

register/2004/Jul/23/43892A.pdf
Finally, the illegal perversion of the instant check into a gun registration system has ended. 
 
John Kerry's Votes On Guns
Fact Sheet
The Sight: M1911A1
http://www.sightm1911.com/lib/rkba/kerry_votes.htm
A listing of Senator John Kerrey's votes on firearms legislation and an illustrative captioned photo.
 



8. Politics
 
Kerry and Guns
Editorial
The Pittsburgh Tribune-Review
August 8, 2004
http://pittsburghlive.com/x/

tribune-review/opinion/archive/s_206995.html
The editorial board feels that Senator Kerry's efforts to portray himself as a supporter of the 2nd Amendment are belied by his voting record.
 
Gun Owners Shot Down Missouri Gov's Reelection Bid
Cybercast News Service.
August 25, 2004
http://www.townhall.com/news/

politics/200408/CUL20040805a.shtml
"Missouri Gov. Bob Holden, a Democrat, is one of the few sitting governors ever to lose a primary election. But Holden should have seen it coming because of his anti-gun stand, a Second Amendment group said on Wednesday."
 



9. Scholarship
 
"Suing the Firearms Industry: A Case for Federal Reform?"
By Stephen P. Halbrook
Chapman Law Review 11 (Spring 2004).
http://www.stephenhalbrook.com/

law_review_articles/suing.pdf
(This article requires Adobe Acrobat Reader) Halbrook examines the constitutional and legal issues involved in lawsuits alleging the liability of manufacturers for the misuse of their products.
 
Association Between Youth-Focused Firearm Laws And Youth Suicides
By Daniel W. Webster, Jon S. Vernick, April M. Zeoli, and Jennifer A. Manganello
The Journal of the American Medical Association
Vol. 292 No. 5, August 4, 2004
http://jama.ama-assn.org/cgi/content/short/292/5/594
"There is evidence that CAP [Child Access Prevention] laws are associated with a modest reduction in suicide rates among youth aged 14 to 17 years. As currently implemented, minimum age restrictions for the purchase and possession of firearms do not appear to reduce overall rates of suicide among youth."
 
Weapons in the Lives of Battered Women
By Susan B. Sorenson and Douglas J. Wiebe
American Journal of Public Health, Volume 94; Issue8; p. 1412
August 2004
Words, hands/fists, and feet were the most common weapons used against and by battered women. About one third of the battered women had a firearm in the home.
 
Inspections of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms
and Explosives
U.S. Department of Justice Office of the Inspector General
Report Number I-2004-005
July 2004
http://www.usdoj.gov/oig/inspection/ATF/0405/
The Office of the Inspector General (OIG) assessed the effectiveness of the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE) program for inspecting Federal Firearms Licensees (FFLs) to ensure that they are complying with federal firearms laws and regulations. They found wide variations in the ATF inspection program's productivity and implementation among the ATF Field Divisions.
 



This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice, a manic self-publicist, is also poet, writer and factotum of matters electronic to Dave Kopel.
Al Qaeda delenda est!

 

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