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Feb. 1, 2006, Second Amendment Newsletter

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 Newsletter

February 1, 2006
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

  1. Independence Institute in the Supreme Court
  2. New by Kopel: NPR on 'Machine Gun' Alito; Self Defense in Asian Religions; Alvin York; Canadian International Gun Control
  3. Blogging by Kopel: British Gun Ban Anomalies; the Canadian Election; David Letterman; the Sudan; the Brady Bill
  4. Culture and Policy: The 2nd Amendment; Psychological Stress on the Disarmed

  5. Firearms manufacture: Barrett; Winchester; SA80; Squirt Gun Control

  6. International: Canada votes out Liberals; handgun prohibition will not go forward. Italy re-legalizes self-defense; Japanese arms policy; Serbian gun control; South African bureaucracy; British crime and personal safety; Trial-less sentencing; UN and 'Small-Arms Control'; Zimbabwe
  7. BATFE: National Firearms Registration and Transfer Record

  8. Courts: 9th Circuit; San Francisco Sued; Canadian Supreme Court

  9. Politics: Bloomberg's Inaugural Address; Retailers' Reaction; Registration at Gunshops

  10. Self-Defense: McDonald's Worker Suspended; Mississippi Considers New Standards; Armed Principals; Brady Campaign Warns Wyoming

  11. Concealed Carry: Delaware; Kansas; Wisconsin Veto Override

  12. Research: Fake ID's Foil Brady Checks


Independence Institute in the Supreme Court

Amicus Brief No. 04-1581

Robert F. Bauer, Karl J. Sandstrom, et, al.
The Supreme Court of the United States
November 14, 2005
http://www.moresoftmoneyhardlaw.com/clientfiles/WRTL%20Amicus%20brief.pdf
PDF files require Adobe Acrobat Reader or similiar software.
The Independence Institute and 34 other non-profit organizations have filed an amicus brief in the January Supreme Court case of Wisconsin Right to Life v. Federal Election Commission. The brief argues that the censorship provisions of the McCain-Feingold law cannot constitutionally be applied to public charities, including the 35 amici.


================

New by Kopel

NPR on Alito and Machine Guns:

All Things Considered
National Public Radio
November 11, 2005
http://www.npr.org/templates/story/story.php?storyId=5009568
The November 11 edition of NPR's "All Things Considered" features a segment on Judge Alito's decision in Rybar, in which Alito followed the Supreme Court's Lopez precedent to write that a federal ban on machine gun possession was not a valid exercise of the federal power to regulate interstate commerce. Guests on the program were Eugene Volokh, Kristin Rand of the Violence Policy Center, Erwin Chemerinsky of Duke Law School, and me.

Self-defense in Asian Religions

Journal on Firearms and Public Policy
Volume 18, 2006, forthcoming.
http://www.davekopel.com/Religion/Self-defense-in-Asian-religions.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Dave explores the teaching of six Eastern religions on the subject of personal self-defense. He has previously explored the beliefs of Christianity and Judaism on the same subject.
 

Sergeant York: Great Hero of the Great War

America's 1st Freedom
February, 2005
http://www.davekopel.com/2A/Mags/Sergeant-York.pdf
PDF files require Adobe Acrobat Reader or similiar software.
A short description of the civilian marksman who became one of America's most celebrated military heroes. 

Cana-cerous

America's 1st Freedom
December, 2005
http://www.davekopel.com/2A/Foreign/Cana-cerous.pdf
PDF files require Adobe Acrobat Reader or similiar software.
After a decade of failure, Canada is taking steps to infect the rest of the world with its costly gun-banning schemes.



 

Blogging by Kopel

British Gun Controls -- and the Quasi-independence of Some Small Islands

The Volokh Conspiracy
January 24, 2006
http://volokh.com/archives/archive_2006_01_22-2006_01_28.shtml#1138081517
Handguns are still legal in a few British islands—but hard to transport through London's airport.

Two Cheers for Paul Martin

The Volokh Conspiracy
January 23, 2006
http://volokh.com/archives/archive_2006_01_22-2006_01_28.shtml#1138081517
This is Dave's initial take on the recent sea change in Canadian politics.

Canadian Election Poll

The Volokh Conspiracy
January 3, 2006
http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1136791082
Canada's abortive handgun registry was a factor in their Liberal party's downfall.

Is it Illegal for David Letterman to Own a Gun?

The Volokh Conspiracy
December 20, 2005
http://www.volokh.com/archives/

archive_2005_12_18-2005_12_24.shtml#1135287496
David Letterman's brief interval of being under a bogus restraining order legally deprived him of his right to keep and bear arms.

Sudanese Genocide Gets Worse

The Volokh Conspiracy
December 8, 2005
http://www.volokh.com/archives/

archive_2005_12_18-2005_12_24.shtml#1135112144
The world is doing little to end the ongoing slaughter of civilians in the Sudan.

Canadian Government to Ban Handguns:

The Volokh Conspiracy
December 8, 2005
http://volokh.com/archives/archive_2005_12_04-2005_12_10.shtml#1134020777
Part of the Canadian Liberal party's efforts to stay in power was a plan to ban civilian ownerships of nearly all handguns.
 

Brady Bill Anniversary

The Volokh Conspiracy
November 30, 2005
http://www.volokh.com/archives/archive_2005_11_27-2005_12_03.shtml#1133370338
Dave notes the gap between the claims for the law and the actual results of its passage.


Culture and Policy

Gun rights and responsibilities

Tom Moncure
Editorial
Daily Press (VA)
December 20, 2005
http://fredericksburg.com/News/FLS/2005/122005/12062005/137382
Praise for Sanford Levinson's The Embarrassing Second Amendment.

Maybe There are Monsters under the Bed

'Helen'
Dr. Helen: Commentary on Popular Culture and Society, from a (Mostly) Psychological Perspective
December 13, 2005
http://drhelen.blogspot.com/2005/12/maybe-there-are-monsters-under-bed.html
British women are beginning to suffer mentally from justified fear of home invasion robberies.


Firearms Manufacture

Barrett

With 'Powerful Rifles Article, Journalist Shoots Herself in the Foot

Michael Marks, Director of Legislative Affairs
Fifty Caliber Institute
November 29, 2005
http://www.barrettrifles.com/news/Michael Marks Rebuttal Piece.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Associated Press writer Rose French made many demonstrably untrue assertions in her article about civilian .50 caliber writers.

The AP lied to (and about) Barrett Rifles

'Say Uncle`
saysuncle.com
December 1, 2005
http://www.saysuncle.com/archives/2005/

12/01/the_ap_lied_to_barrett/
More on the Barrett Rifle Company's efforts to counter the misstatements of Rose French's article.


Winchester

Winchester rifles are history

Jim Matthews
San Bernardino Sun (CA)
January 19, 2006
http://www.sbsun.com/sports/ci_3416400
Maker of Winchester rifles closes New Haven, Conn., plant.

Winchester plant closed

Damian J. Troise
New Haven Register (CT)
January 19, 2006
http://www.nhregister.com/site/news.cfm?

newsid=15948738&BRD=1281&PAG=461&dep

The company that purchased Winchester Repeating Arms has closed the New Haven, Connecticut factory where the legendary rifles were made for over a century.


Enfield Arsenal

Is the SA80 Rifle Worthless?

Harold C. Hutchison
The Strategy Page
December 28, 2005
http://www.strategypage.com/dls/articles/2005122813944.asp
There are controversies about the current British service rifle, a common situation in the history of standardized arms.


Squirt Guns

Rep. Linda Chapa LaVia Seeks Statewide Ban on Water Pistols

Press Release
Illinois State Rifle and Pistol Association
January 25, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59730
"Rep. Linda Chapa LaVia (D-Aurora) has co-sponsored a measure that would ban the possession of everything from water pistols to hunting rifles. The bill in question, HB4132, would ban the sale and possession of so-called 'replica weapons' including anything that looks even remotely like a firearm or other materiel produced for military purposes."


International

Worldwide

Gunning For the World

David Morton
Foreign Policy.
January/February 2006
http://yaleglobal.yale.edu/display.article?id=6801
The NRA has taken its struggle to preserve civilian ownership of small arms to the International Community—with some success.


Canada

Statistics indicate gun control only increases crime

Editorial
Pierre Lemieux
Montreal Gazette (Canada)
January 22, 2006
http://www.pierrelemieux.org/artaubin.html
"Emotions, anecdotes, selective and poorly analyzed data, ignorance of social-science research: this is what gun-control activists have to offer."

Clobbering Hobbies

Pierre Lemieux
The Western Standard
January 16, 2006, p. 22.

http://www.pierrelemieux.org/artwsmiller.html
"Mr. Miller blames some of the crimes that his police can't stop on the guns that "are stolen from gun owners in and around the city." The analysis of Toronto's mayor is scathing.

Martin's proposed gun ban propels sales rise

Sarah Petrescu
Globeandmail.com
December 26, 2005
http://www.canadiancontent.net/forums/about10213.html
Outgoing Liberal Prime Minister Martin's proposed handgun ban emptied the shelves of Canadian gun stores.

'Akimoya'

Bruce Mills
http://home.cogeco.ca/~akimoya/rfc/ban.liberals.html
http://home.cogeco.ca/~akimoya/rfc/handgun.ban.html
This Canadian civilian Firearms advocate has assembled materials from the Liberal Party's anti-gun advocacy and legislation.

Liberals' McLellan attacks NRA's intervention

The Canadian Press
December 5, 2005
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20051203/elxn_mclellan_051205/20051205?s_name=election2006&no_ads=
Deputy Prime Minister Anne McLellan ordered the NRA to stay well clear of her party's efforts to stay in power.


Italy

Shooting a thief no longer a crime in Italy

Reuters
January 24, 2006
http://www.nzherald.co.nz/section/story.cfm?c_id=2&ObjectID=10365282
http://news.bbc.co.uk/2/hi/europe/4645228.stm
"The Italian parliament has passed legislation allowing people to shoot robbers in self-defence."


Japan

Japan's hidden arms trade

Robin Ballantyne
Japan Focus
November 29, 2005
http://www.japanfocus.org/article.asp?id=459
This article explores the gaps between official Japanese government pronouncements about arms trading, including individual arms, and the reality.


Serbia

Serbia's police chief announces tougher gun control

Associated Press
January 6, 2006
http://www.serbianna.com/news/2006/01022.html
"The interior minister pledged Wednesday to curb illegal possession of weapons in the Serbian capital."


South Africa

Red tape has gun owners up in arms

Graeme Hosken
Pretoria News (South Africa)
January 18, 2006
http://www.int.iol.co.za/index.php?set_id=1&click_id

=13&art_id=vn20060118071001672C731321
"Gun owners and traders have lashed out at government for the new gun laws and lay blame for delays in renewal of firearm licences and appeals for renewal of licences squarely at cabinet's door."


United Kingdom

'If you value your life carry a weapon'

Jo Knowsley And Louisa Pritchard
The Daily Mail
January 15, 2006
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=374120&in_page_id=1770&ico=

Homepage&icl=TabModule&icc=News&ct=5
"Ordinary people should carry weapons if they want to be safe on Britain's crime-ridden streets, the father of murdered lawyer Tom Ap Rhys Pryce's fiancée said last night."

To First U.S. Bobby, Unarmed Is Unsafe

Kevin Sullivan
The Washington Post
December 11, 2005
http://www.washingtonpost.com/wp-dyn/content/

article/2005/12/10/AR2005121001222.html?nav=rss_print/asection
"Former American policeman Ben Johnson is challenging the British notion that the public is safer if law enforcement officers are unarmed."

Potato Guns for Kids

'Helen'
Dr. Helen: Commentary on Popular Culture and Society, from a (Mostly) Psychological Perspective
December 12, 2005
http://drhelen.blogspot.com/2005/12/potato-guns.html
The blogger's pleasure in the toy from her youth is marred when she is told that these particular 'weapons' are banned in the United Kingdom.

Thieves no longer have to appear in court

Rachel Sylvester
news.telegraph.com
January 16, 2006
http://www.telegraph.co.uk/news/main.jhtml?xml=/

news/2006/01/16/ncrim16.xml&DCMP=EMC-new_16012006
"Defendants who plead guilty to offences such as shoplifting, theft and criminal damage would have their punishment decided by the prosecutor, in consultation with the police, instead of going to court. Ministers believe that about half of the two million cases heard annually by magistrates could be handled in that way."

'Impossible' to give air gun teacher her job back

Jon Land
24Dash.com
January 23, 2006
http://www.24dash.com/content/news/viewNews.php?navID=48&newsID=2535
A British school board argued strongly that they could not re-hire a fired school teacher who brandished an air gun at menacing street toughs.


United Nations

The Infozone

News and Headlines
http://www.theinfozone.net/salw-news.html
The Infozone has updated on the UN Prepcom meetings on disarmament and the Canadian election and the gun ban. This site collects a lot of other firearms news.

Book Launch at United Nations: The Global Gun Epidemic

Press Release
Coalition for Gun Control
January 20, 2006
http://www.newswire.ca/en/releases/

archive/January2006/20/c4437.html
"Wendy Cukier President of the Coalition for Gun Control and coordinator of Ryerson's Small Arms/Firearms Education and Research Network is today attending a conference at the United Nations on the2001 Programme of Action on the Illicit Trade in Small Arms of All its Aspects. Her new book - The Global Gun Epidemic: From Saturday Night Specials to AK47's - will be launched at a session from 1:15 - 2:45 at the United Nations in New York.


Zimbabwe

Inside the hidden links between American big-game hunters and Zimbabwe's Mugabe dictatorship

Joshua Hammer
Newsweek
January 13, 2006
http://www.msnbc.msn.com/id/10841107/site/newsweek/
This article alledges that some of Mugabe's cronies are in cahoots with American big-game hunters.


BATFE

CRS Memorandum on Issues Regarding Data Accuracy, Completeness, and Reliability of the NFRTR

William J. Krouse
November 28, 2005
http://www.nfaoa.org/documents/CRSmemoNFRTR0001.pdf
PDF files require Adobe Acrobat Reader or similiar software.
This memorandum by is the most comprehensive and current legislative and policy analysis of issues arising from questions about the accuracy, completeness and reliability of the National Firearms Registration and Transfer Record (NFRTR).



Courts

Ninth Circuit Holds That Possession of an "Assault Weapon" Isn't a "Crime of Violence"

Judge Alex Kozinksi
9th Circuit Court of Appeals
January 23, 2006
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/

98EB2B607B8CA618882570FF0050D9C2/$file/0410597.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Judge Kozinski's decision relied upon on statutory text, precedent, action by other government bodies, and understanding of the world.

SAF Sues to Overturn San Francisco Gun Ban

The Second Amendment Foundation
http://www.saf.org/
The California Court of Appeals has sent the suit filed by SAF, NRA, and others, to the state Superior Court to decide. The Writ of Mandate filed with the Superior Court, as well as the Writ of Mandate filed with the Appeals Court is posted and can be downloaded in PDF format at www.saf.org.

Judge Denies Firearms Industry Motion to Dismiss New York City Case

Press Release
The National Shooting Sports Foundation
December 2, 2005
http://www.nssf.org/news/PR_idx.cfm?AoI=

generic&PRloc=common/PR/&PR=120505.cfm
A federal judge's decision allowed New York City to proceed with its lawsuit against firearms companies and will be appealed—it arguably violates the new Protection of Lawful Commerce Act.

Philip Neil Wiles v. Her Majesty The Queen

Supreme Court of Canada
Citation: R. v. Wiles, 2005 SCC 84
December 22, 2005
https://lexum.com/
The Canadian Supreme court dismissed Wiles's appeal sthat Canada's prohibition of his ownership of firearms after marijuana-related convictions was 'cruel and unusual punishment.`


Politics

Inaugural Address

Michael Bloomberg, Mayor
City of New York
January 1, 2006
http://www.nyc.gov/
New York City Mayor Michael Bloomberg vowed in his inaugural address to campaign nationally for stiffer gun control laws.

Mayor's Gun Talk Begets a Warning from Rifle Group

Julia Levy
The New York Sun
January 3, 2006
http://www.nysun.com/article/25187
Critics see Bloomberg's comments as yet another attack on law-abiding businesses and gun owners.

'If Maryland Felons Can Vote, Can They Also Own Guns'

Press Release
Citizens Committee for the Right to Keep and Bear Arms
January 24, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59703
"Maryland Delegate Salima Siler Marriott wants to restore voting rights to convicted murderers, rapists and armed robbers, so would she support legislation that restores gun rights to people convicted of assorted crimes as well?"

A Voice for Retaliers

The National Shooting Sports Foundation
Bullet Points, Vol. 7 No. 3
January 16, 2006
http://www.galleryofguns.com/shootingtimes/

Articles/DisplayArticles.asp?id=7872
In an effort to strengthen the voices of law-abiding firearms retailers in New York and New Jersey, two state organizations affiliated with the National Association of Firearms Retailers (NAFR) have formed.

NRA-backed measure survives

Jason Garcia
Orlando Sentinel (FL)
January 26, 2006
http://www.orlandosentinel.com/news/local/state/

orl-shooter2606jan26,0,786642.story?coll=orl-news-headlines-state
"A National Rifle Association-backed bill that would force businesses that sell hunting and fishing licenses to help register customers to vote cleared its first legislative hurdle Wednesday."


Self-Defense

McDonald's worker suspended for shooting at robber

Associated Press (IN)
December 30, 2005
http://www.fortwayne.com/mld/newssentinel/news/local/13512771.htm
Bill backing deadly force nearer vote in House

Make my day bill

Taylor Bright
The Huntsville Times (AL)
January 22, 2006
http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/113792520264710.xml&coll=1
"The 'make-my-day' bill greatly broadening circumstances when citizens' may use deadly force is headed for the Alabama House."

Self-defense killing may expand legally

Matt Volz
Anchorage Daily News (AK)
January 20, 2006
http://www.adn.com/news/alaska/story/7375118p-7287134c.html
"The places where a person could justifiably kill in self-defense would be expanded under a bill now working its way through the legislative committee process."

Bills give victims more right to use force

Nancy Badertscher, Sonji Jacobs
The Atlanta Journal-Constitution
January 23, 2006
http://www.ajc.com/metro/content/metro/stories/0123metlegshoot.html
"Republicans, Democrats and the National Rifle Association are backing bills this session that would give people more leeway to use deadly force to defend themselves and others from serious crimes, such as robbery and rape."

Senate OKs bill changing rules on deadly force

Associated Press (MS)
TheJacksonChannel.com
January 17, 2006
http://www.thejacksonchannel.com/news/6193061/detail.html
"The Mississippi Senate has approved a bill that would change the state standards for civilians' use of deadly force."

Guns-At-School Bill Questioned

Sally Maxwell
Sequoyah County Times (OK)
January 25, 2006
http://www.sequoyahcountytimes.com/

articles/2006/01/25/news/frontq.txt
House Bill 2075 would allow school superintendents and principals with a valid conceal-carry permit to carry firearms on school property as long as they have approval from a majority of their school boards.

A New Approach to Law and Order for Wyoming

Press Release
The Brady Campaign
January 25, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59725
The Brady Campaign expresses its grave concerns about legislation pending in Wyoming to broaden the circumstances in which citizens of that state may defend themselves with deadly force.


Concealed Carry

A push for looser gun laws: Delaware considers plan to make concealed weapons easier to carry

J. L. MillerM
The News Journal (DE)
January 15, 2006
http://www.delawareonline.com/apps/pbcs.dll/

article?AID=/20060115/NEWS/60115005/-1/NEWS01
There is debate in Delaware about joining the states across the Union which have established uniform standards for legal concealed carry.

Concealed guns issue back before lawmakers

Carl Manning
Associated Press (KS)
January 20, 2006
http://www.kansas.com/mld/kansas/news/state/13674488.htm
"The issue of whether Kansans should be allowed to legally carry concealed guns is back in play with legislators."

Governor vetoes bill on concealed weapons: Override attempt faces uncertainty in state Assembly

Patrick Marley
Milwaukee Journal Sentinel (WI)
January 21, 2006
http://www.jsonline.com/news/state/jan06/386668.asp
The vote of the Wisconsin state Assembly to join the Senate in overriding the governor's veto of concealed carry reform legislation has been re-scheduled to February 2nd. (Update: The veto was upheld after two Democrats switched their votes.)

Research

Fake ID's Foil Brady Checks

The Government Accounting Office
December 16, 2005
http://usgovinfo.about.com/library/weekly/aa032801a.htm
http://www.democrats.reform.house.gov/Documents/

20040608093000-01743.pdf
PDF files require Adobe Acrobat Reader or similiar software.
A team of Congressional special agents was able to bypass Brady Act background checks and successfully purchase firearms using fake IDs in all five states where they tried, according to a March 19, 2001 GAO. The report itself is still not officially available electronically, but can be obtained at:

http://www.democrats.reform.house.gov/Documents/

20040608093000-01743.pdf


This newsletter is compiled with help from Dr. Rob S. Rice, who had a long and difficult battle establishing the procedures needed to convert to this new format. Dr. Rice is also a poet, novelist, and factotum of matters electronic to Dave Kopel.

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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Ave., Denver, Colorado 80203 Phone 303-279-6536. (email)webmngr @ i2i.org

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