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March 13 2006 Second Amendment Project 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

March 13, 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. New by Kopel: Sergeant York, Hero of the Great War
  2. Blogging by Kopel: ; Doctors and Guns; Newark Airport; 'Stand Your Ground' Laws ; UN 'Human Rights'; Texas Primary, BATF
  3. Culture and Policy: Paul Gallant on 'Never Again.'
  4. International:
  5. Self Defense: Alabama, Iowa, Kansas, Kentucky, Oklahoma, South Dakota, Texas, Utah, Virginia, National
  6. Federal: The Brady's on the Vice President's Mishap, BATFE testifies before the House.
  7. Courts: Nagin and New Orleans; San Francisco Sued; Scalia on Hunting and International Influence on Decisions, Kentucky Constitution, Pennsylvania Privacy, Virginia Skeet
  8. Research: Gun Prevalence and Homicide, Guns and Road Rage, Trusting Crime Labs, Firearms Statistics for Scriptwriters, Michael Moore Hates America on DVD.
  9. Consumer Awareness: Mail Boxes, Etc., spurns firearms shipments
  10. Culture: Pro Second Amendment Committee, Feminist take on Right to Carry

New by Kopel:

Sergeant York. Great Hero of the Great War.

America's 1st Freedom
February, 2006
http://www.davekopel.com/2A/Mags/Sergeant-York.pdf
PDF files require Adobe Acrobat Reader or similiar software.

Dave describes the conscientious objector who earned the Medal of Honor by virtue of his superior marksmanship and courage in the course of America's involvement in the First World War. Alvin York is one of the great exemplars of the utility of civilian marksmanship in time of war.


Blogging by Kopel

Doctors and Guns

The Volokh Conspiracy
February 28, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_04.shtml#1141159376

Dave clarifies some concerns about a bill punishing doctors who inquire about a patient's firearms ownership when it is not directly relevant to the case at hand.

Newark Airport Sued for Abuse of Person Lawfully Transporting a Firearm:

The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_04.shtml#1141080752

Newark International Airport arranged for the arrest of a man for violation of New Jersey state law regarding a firearm in his position. He had carefully obeyed all Federal laws about legally transporting a firearm in transit, which trump local restrictions. The NRA's state affiliate is suing.

Proliferation of "Stand your ground" laws

The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_04.shtml#1141019249

More and more states are considering legislation removing an 'obligation to retreat' on the part of a citizen criminally confronted in public.

The Proposed UN Human Rights Council: The Cure is worse than the Disease

The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_04.shtml#1141017375
http://www.eyeontheun.org/

Dave cites a Canadian site, 'Eye on the UN' that monitors the potential impact of the UN's actions upon the lives of the world's citizens. 'Eye on the UN' may be accessed here: http://www.eyeontheun.org/

BATFE Director now needs Senate Confirmation

The Volokh Conspiracy
March 8, 2006
http://www.volokh.com/archives/archive_2006_03_05-2006_03_11.shtml#1141868795

"...the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosive now requires Senate confirmation of his or her appointment... it makes sense for the head of any major federal law enforcement agency to be subject to the checks and balances of Senate confirmation. "

Texas Primary Results and the Right to Arms

The Volokh Conspiracy
March 8, 2006
http://www.volokh.com/archives/archive_2006_03_05-2006_03_11.shtml#1141839890

The recent Texas primary resulted in a major win for Second Amendment supporters at the Congressional level, with mixed results in state legislative races.


Culture and Policy

Being serious: 'Never again'

Paul Gallant
The Journal News (White Plains, NY)
January 29, 2006
http://www.galleryofguns.com/shootingTimes/Articles/DisplayArticles.asp?ID=7929

Paul Gallant, a co-author of Dave's, and also at the Independence Institute, points out that peace-keeping troops are not as effective in preventing genocide as would be an armed population of putative victims.


International

Australia

PM shuns US 'slavish love of guns'

National (Australia) 9 News
AAP
March 1, 2006
http://news.ninemsn.com.au/article.aspx?id=89123

Australian r Prime Minister John Howard says he tightened gun laws after the Port Arthur massacre because he did not want Australia going down the same path as the United States. " And one of the things I don't admire about America is their ... slavish love of guns. They're evil."


Canada

Tory plan to kill long gun registry going strong

News Staff
CTV.ca
Feb. 26, 2006
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/

20060226/day_registry_060226/20060226?hub=Canada

Canada's new minister of public safety says the government has no plans to back off on its intention to scrap the controversial long gun registry.

Orders in Council

Privy Council
Canadian Government
March 12, 2006
http://www.pco-bcp.gc.ca/oic-ddc/oic-ddc.asp?LANG=

EN&TXTOICID=&TXTFROMDATE=&TXTTODATE=

&TXTPRECIS=FIREARMS&TXTDEPARTMENT=&CBODEPARTMENT

=&TXTACT=&TXTCHAPTERNO=&TXTCHAPTERYEAR=&TXTBILLNO

=&RDOCOMINGINTOFORCE=&DOSEARCH=SEARCH+%2F+LIST&page=1

Here is a list of over one hundred firearms related Orders in Council passed by Canada's ministers since 1990

Status Of Provisions And Regulations Under The Firearms Act, Ability to Change Measures by Order-in-Council and Requirement to Table Regulations

Parliamentary Information and Research Service
Government of Canada
February 24, 2006
http://www.garrybreitkreuz.com/publications/2006_new/49.doc

'Not to be Published.' Canadian member of Parliament allows the world a look at the current official situation regarding the provisions and enforcement of the Canada's Firearms Act.


United Kingdom

Americans see less crime than Britons, Canadians

Jennifer Harper
The Washington Times
February 9, 2006
http://washingtontimes.com/national/20060209-121824-9843r.htm

"The impact of crime is lower in the U.S. than in Britain, and in many cases Canada."

Dunblane's 'Pro Gun' Book Sparks Fury

Jim McBeth
The Sunday Times: Scotland
March 5, 2006
http://www.timesonline.co.uk/article/0,,2090-2070883,00.html

"Parents whose children died in Dunblane have condemned the publication on the 10th anniversary of the killings of a book funded by pro-gun campaigners that challenges the firearms ban introduced in the wake of the tragedy."


India

Guns from North sell like hot cakes

Paul John and Sourav Mukherjee
The Times of India
February 10, 2006
http://timesofindia.indiatimes.com/articleshow/1410222.cms

"Police sources say that certain pockets like Dungarpur in Madhya Pradesh and Etawah support an illegal-firearms manufacturing industry. "


Iraq

Guns in demand as Iraqis seek protection

Omar al-Ibadi
Reuters News Service
March 5, 2006
http://www.alertnet.org/thenews/newsdesk/IBO546927.htm

Iraqi civilians are seeing to their own protection during upsurges in violence as the country struggles toward democracy.


The U.N.

CASA Pilot Website

The Coordinating Action on Small Arms Mechanism
Website
December, 2005
http://disarmament2.un.org/casa/casaindex.html

The UN Agency on small arms (CASA) has established its pilot website. The fact that 16 UN bodies have a coordinated effort on small arms is significant. Of particular interest is the "Strategic Framework" and event calendar.

March 2006: Small Arms

Security Council Report
Columbia University's Center on International Organization
March, 2006

The Security Council Report is a non-UN organization founded and maintained with the encouragement of the Secretary General. This page collects sources used for the Secretary General's report on the "problem" of small arms, pending an official report on taking UN action to solve it.


Self Defense

Going Postal in Gun-Free Zones

Donald R. May
townhall.com
February 6, 2006
http://www.townhall.com/opinion/columns/donaldr.may/2006/02/06/185303.html

The author of this opinion piece notes that the laws designed to protect those within the boundaries of post offices and schools have acted to make those same people more vulnerable to law-ignoring mass killers.

Alabama

House Compromises on Use of Deadly Force

Associated Press
The Decatur (Alabama) Press
February 22, 2006
http://www.decaturdaily.com/decaturdaily/news/060222/force.shtml

"The Alabama House voted Tuesday to expand the instances when a person can use deadly force to protect his or her home or automobile."


Iowa

Concealed Weapons Permits: Bill allows appeal process for those being denied

Tracey Lamm
Fort Madison (Iowa) Daily Democrat
March 6, 2006
http://www.dailydem.com/articles/2006/03/06/news/news1.txt

"A bill was approved by the Iowa House Public Safety Committee last week that implements a formal appeals process for Iowa citizens who seek but are denied a concealed weapons permit."


Kansas

Senate's Gun Vote can Withstand Veto

Chris Moon
Topeka (Kansas) Capital Journal
February 10, 2006
http://209.157.64.201/focus/f-news/1575748/posts

"A bill that would allow Kansans to carry concealed handguns easily passed the Senate on Thursday, taking a step toward a tug-of-war with Gov. Kathleen Sebelius over gun rights. The measure passed the Senate 29-11, two votes more than needed to override an expected veto by the governor."


Kentucky

Bill to Let Homeowners Shoot Intruders is OK'd

Bruce Schreiner
The Lexington (Kentucky) Herald-Leader
February 25, 2006
http://www.kentucky.com/mld/kentucky/news/politics/13959007.htm

"Homeowners would become armed with legal protection when shooting intruders under a bill that was easily passed by the House of Representatives yesterday."


Oklahoma

Panel Passes Stand Your Ground Self-Defense Bill

Associated Press
Kten.com
February 28, 2006
http://www.kten.com/Global/story.asp?S=4566397

Oklahoma's state government has passed a 'Stand Your Ground' law similar to the one the State of Florida passed last year.


South Dakota

Senate Accepts Self-Defense Bill

Associated Press
Aberdeen (South Dakota) News.com
February 10, 2006
http://www.aberdeennews.com/mld/aberdeennews/news/13842617.htm

"People who stand up to intruders shouldn't have to worry about being arrested for assault, the South Dakota Senate decided Friday."


Texas

State's New Gun-Toting Law has Surprise Backer: ACLU

Roddy Stinson
San Antonio (Texas) Express-News
February 5, 2006
http://www.mysanantonio.com/news/metro/

stories/MYSA020506.03A.Stinson.24665cb.html

The Texas branch of the American Civil Liberties Union supports a broader interpretation of the state's 'traveling' law than does this opinion column writer.


Utah

Committee Advances Weakened Loaded Weapons Bill

Associated Press
ksl.com
February 21, 2006
http://www.ksl.com/?nid=148&sid=166780

"Utah residents would be allowed to keep a loaded firearm at home without a concealed weapons permit under a bill endorsed by a Senate committee Tuesday."


Virginia

Right to Shoot Bill Progresses

Bob Gibson
The (Charlottesville, Virginia) Daily Progress
February 10, 2006
http://www.dailyprogress.com/servlet/Satellite?pagename=

CDP%2FMGArticle%2FCDP_BasicArticle&c=MGArticle&cid=1137834026430&path=!news

" A House of Delegates committee advanced a bill Friday to bar counties from denying shooting ranges in rural areas where hunting is legal."


Federal

James and Sarah Brady Comment on the Vice President's Hunting Mishap

Press Release
The Brady Campaign
February 12, 2006
http://releases.usnewswire.com/GetRelease.asp?id=60875

James and Sarah Brady offer their views in the aftermath of Vice-President Cheney's accident while hunting quail in Texas.

Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), gives its testimony before the Subcommittee on Crime, Terrorism, and Homeland Security.

Liberty Belles: Putting the 2nd Amendment First
February 28, 2006
http://www.libertybelles.org/
http://judiciary.house.gov/oversight.aspx?ID=216

This Women's RKBA organization provides a link to the House Oversight Committee's taking of testimony from the Bureau of Alcohol, Tobacco, Firearms and Explosives upon abuses by that agency taking place at legal Gun Shows. The direct link is here: http://judiciary.house.gov/oversight.aspx?ID=216


Courts

Contempt Motion Filed Against New Orleans Mayor, Police Chief

Susan Jones
Cybercast News Service
March 2, 2006
http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200603/CUL20060302c.html
http://www.saf.org/

"The Second Amendment Foundation and the National Rifle Association filed a motion on Wednesday to have New Orleans Mayor Ray Nagin and Police Superintendent Warren Riley held in contempt of court." Court papers are at http://www.saf.org/

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.

Scalia Champions Hunting and Conservation

Clay Carey
tennessean.com
February 26, 2006
http://tennessean.com/apps/pbcs.dll/article?AID=/20060226/NEWS01/602260398/1006/NEWS

"The best thing avid outdoorsmen can do for the sport of hunting is to attack the stereotype that guns are only used for evil purposes, U.S. Supreme Court Justice Antonin Scalia told the National Wild Turkey Federation's annual convention yesterday."

America & the Courts: Supreme Court Justice Scalia on Int'l & Foreign Law

CSPAN.org
February 25, 2006
http://www.c-span.org/videoarchives.asp?CatCodePairs=Series,AC&ArchiveDays=100
http://www.c-span.org/videoarchives.asp?CatCodePairs=Series,AC&ArchiveDays=100

Supreme Court Justice Antonin Scalia talked about the role of international and foreign law in American judicial decision-making. Following his speech, he took questions from the audience. This event took place on Tuesday at the American Enterprise Institute in Washington, DC. The RealAudio (requires player) video of that interview is here: http://www.c-span.org/videoarchives.asp?CatCodePairs=Series,AC&ArchiveDays=100

Posey vs. State

The Supreme Court of Kentucky
February 23, 2006
http://162.114.92.72/Opinions/2004-SC-000060-DG.pdf#xml=http://162.114.92.72/dtsearch.asp?cm
PDF files require Adobe Acrobat Reader or similiar software.

Kentucky rules that felons have forfeited their right to bear arms under the state constitution-clear asserting the existence of that right, and its nature as an individual right of the people.

Judge Rules Pa. Can't Demand Social Security Numbers for Guns

Associated Press
philly.com
February 27, 2006
http://www.philly.com/mld/philly/news/13977171.htm

" A federal judge ruled Monday that Pennsylvania cannot require Social Security numbers from those purchasing guns or obtaining a concealed-weapons permit. U.S. District Judge Juan Sanchez ruled that the state law violated the federal Privacy Act."

S.F. Gun Ban Finds Support is Scarce

Herbert A. Sample
The Sacramento Bee
February 22, 2006
http://www.sacbee.com/content/politics/story/14217627p-15043615c.html

Lawyers and advocates of the city of San Francisco's ban on private firearms ownership are having a difficult time convincing judges or California politicians to support it publicly.

Appeal Denied in Clay-Target Case

Carlos Santos
Richmond Times-Dispatch
February 28, 2006
http://www.timesdispatch.com/servlet/Satellite?pagename=

RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=

1137834397205&path=!news&s=1045855934842

"The Virginia Supreme Court has refused to hear an appeal from a Nelson County hunting business that lost a lower-court claim that shooting at clay targets is hunting."


Research

Gun Prevalence, Homicide Rates and Causality: A GMM Approach to Endogeneity Bias

Gary Kleck, Tomislav Kovandzic, and Mark E. Schaffer.
Ideas at the Department of Economics, College of Liberal Arts and Sciences, The University of Connecticut
November, 2005
http://ideas.repec.org/p/cpr/ceprdp/5357.html

"This study seeks to answer the question of whether more guns cause more crime, and unlike nearly all previous such studies, we properly account for the endogeneity of gun ownership levels. " The paper is available for download in multiple formats from this site.

Gun-toting motorists more prone to road rage

Issue 2537
New Scientist Magazine
February 4, 2006
http://www.newscientist.com/article.ns?id=mg18925373.800

This article positively asserts from a survey of 2400 motorists that those who carry a firearm in their vehicles are far more likely to indulge in what the article terms 'road rage' than motorists who are unarmed. To quote: " Some 23 per cent of gun-toting drivers admitted making rude signs, compared with 16 per cent of those who did not carry guns." Accordingly, the article bemoans concealed carry legislation.

Reasonable Doubt: Can Crime Labs be Trusted?

CNN and the Center for Investigative Reporting
CNN Presents
February 5, 2006
http://www.cnn.com/CNN/Programs/presents/index.reasonable.doubt.html

"A joint investigation by CNN and the Center for Investigative Reporting examines the lack of standards, quality controls and training at many of the nation's forensic laboratories and raises serious doubts about some forensic scientists. "

Firearm Statistics Report Available to Movie, TV Creators

AScribe: The Public Interest Newswire
February 28, 2006
http://newswire.ascribe.org/cgi-bin/behold.pl?ascribeid=

20060227.175326&time=0 7%2031%20PST&year=2006&public=0

"The Entertainment Industries Council Inc. (EIC) has created an extensive compilation of information on gun violence, firearm safety, gun legislation and more as a resource to the creative community for potential storylines. "

Michael Moore Hates America

MMHA Creative Group
2004
http://www.michaelmoorehatesamerica.com/

"The controversial documentary by Michael Wilson examines the filmmaking methods of Director Michael Moore ("Fahrenheit 9/11", "Bowling for Columbine", "Roger & Me") and finds that not all is as it seems in the world of Hollywood documentaries. "


Consumer Awareness

Mailboxes, Etc., Refuses to Ship Firearms

Charlie Cutshaw
March 12, 2006

Hi All, As just about everyone knows, I'm a journalist specializing in test and evaluation of firearms. I usually return test guns to their manufacturers via FedEx, which is "gun friendly" and gives a substantial discount to National Shooting Sports Foundation members, which is reason enough to use FedEx as opposed to UPS, which is anti gun. That said, today I went down to the local Mail Boxes Etc to drop off a carbine I was returning to its manufacturer after test. I've been doing this for about two years, but the returns are usually handguns, so it isn't obvious what is in the box. This time, though, the clerk asked if there was a firearm in the box. I replied that there was and she replied that MBE would not accept firearms for shipment. I told her that if FedEx had no problem with firearms, why should MBE? At this point the manager came out and told me that it was MBE policy that they would not process firearms for shipment. I told him that I didn't understand this, given the "gun friendly" policy of FedEx. He said that was MBE policy, to which I responded that I would spread the MBE policy to every one I know in the hope that my many gun loving friends would vote with their feet and avoid using MBE. So here it is, friends. All of you for the most part are firearms aficionados. The remainder are as politically incorrect as I am. Since the right of firearms ownership is guaranteed in the US Constitution, how does MBE justify refusing to ship them? Firearms are just like any other commodity; they are NOT innately evil. Firearms are inanimate objects like ball bats or knives. The evil is in the heart of the person who uses them for evil purposes, not in the objects themselves. As far as I am concerned, there will be sleet storms in Hades before I ever again darken the door of a Mail Boxes Etc facility. I hope that you will join me in boycotting Mail Boxes Etc (MBE) and I hope that you will help me spread the word about this left wing extremist company that categorizes inanimate objects as being innately evil. Best regards, Charlie Cutshaw


Culture

Second Amendment Cause Rooted In Liberalism

Ari and Linn Armstrong
Grand Junction (Colorado) Free Press
March 10, 2006
http://www.gjfreepress.com/home.php?content=article&article=6978

A local organization, the Pro Second Amendment Committee, sponsors essay competitions and public events in support of the Second Amendment to the Constitution of the United States.

Right to Carry a Feminist Issue

Meghan D. Lehman
The Delaware News Journal
February 26, 2006
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060226/OPINION08/602260319

"The average man can physically overpower the average woman; this is a biological fact. The vast majority of violent crimes are committed by men. We women should not have to depend on the men in our lives for protection, nor can we expect police to be in all places at all times."


This newsletter is compiled with help from Dr. Rob S. Rice, who had a long and difficult battle establishing the procedures needed to convert the newsletter to a new format. Then they changed it on him, and he had to do it in an entirely different format that has left him harassed, exhausted and haggard. Dr. Rice is also a poet, novelist, and factotum of matters electronic to Dave Kopel. He is usually calmer and less prone to self-pity.

Al Qaeda delenda est!  


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