July 20, 2007, Dave Kopel's Second Amendment Newsletter

About once every month or two, 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.

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Table of Contents

  1. New By Kopel: "Gold Standard of Gun Control," Asian Religions and Self-Defense; D.C. Gun Ban Appeal; Publishing CCW Permit Holders
  2. New by Kopel, Interview: "In Search of the Second Amendment" segments available for live viewing on YouTube
  3. New by Kopel, Translations: German version of the V-Tech article, Italian publication of "What if We had Taken Columbine Seriously?"
  4. New From the Independence Institute: International RKBA and a Critique of a British Home Office Study on Firearms Crime
  5. International: Australia; Canada; The E.U.; Japan; Mexico; U.K.
  6. Politics: Giuliani's Reverse; Tiahrt Amendment; Salt Lake Firearms Violations
  7. Culture/Media: Moore Movie; Ohio Newspaper Controversy; Gun Rights and Homeschooling; Children's BB Gun Range; Rebirth of the 'Truth Squad'; Virginia Raffle Imbroglio; Shooting and Hunting Sports Management Degree Program; Personal Defense TV re-aired; Priest Calls for Murder of Gun Shop Owner
  8. Self-Defense: We've Forgotten How to Fight; University allows CCW; No Dorm Ban; Students want Concealed Carry; Texas Governor wants CCW Liberalized; Two State Legislators and Crime
  9. Federal: OSHA Regs; Tiahrt Amendment; Shelby Corollary; ATFE Blanket Checks at Gunshows
  10. The States: California; Colorado; Illinois; Missouri; Texas; Virginia
  11. Law: D.C. Gun Ban; McCain-Feingold Decision; Individual RKBA
  12. Research: 'Microstamping' Ineffective; BATFE on Firearms Trace Data; Armed Students; Reception of Kopel; CHL Percentages by State

New by Kopel


"The Gold Standard of Gun Control"

With Paul Gallant & Joanne D. Eisen
Journal of Law, Economics & Policy, Vol 417, Issue 2
In PDF Format:
In HTML Format:
PDF files require Adobe Acrobat Reader or similar software.

This is a book review of Joyce Malcolm's "Guns and Violence: The English Experience." In PDF. In HTML. The review has just been published in a special symposium issue on self-defense.

Self-defense in Asian Religions

Liberty Law Review, Volume 2
2007, Forthcoming
PDF files require Adobe Acrobat Reader or similar software.

The Article first examines the Chinese religions of Confucianism and Taoism. Next, Hinduism (including Mohandas Gandhi), Jainism, and Sikhism are treated relatively briefly. Buddhism and its development in various East Asian nations are examined in depth. The Article suggests that--regarding the right and duty of personal defense and community defense--the classical religious philosophy of the Far East has many important similarities to Western religious philosophy, although the two traditions developed independently of each other.

Armed Resistance to the Holocaust

Journal on Firearms & Public Policy 19 (Forthcoming)
PDF files require Adobe Acrobat Reader or similar software.

Contrary to myth of Jewish passivity, many Jews did fight back during the Holocaust. They shut down the extermination camp at Sobibor, rose up in the Warsaw Ghetto, and fought in the woods and swamps all over Eastern Europe. Indeed, Jews resisted at a higher rate than did any other population under Nazi rule. The experience of the Holocaust shows why Jews, and all people of good will, should support the right of potential genocide victims to possess defensive arms, and refutes the notion that violence is necessarily immoral.

DC's Gun Ban, Round 2.

America's First Freedom
July, 2007
PDF files require Adobe Acrobat Reader or similar software.

Here is Kopel's analysis of the D.C. Circuit Court's denial of the city's petition for rehearing en banc.

Why Reveal Who's Concealed?

Paul Gallant, with David B. Kopel and Joanne D. Eisen
America's 1st Freedom
May, 2007

What possible motive could some arrogant anti-gun newspapers have for publishing the names of Right-to-Carry permit holders?


In Search of the Second Amendment

David Hardy
July 9, 2007

YouTube excerpts from Hardy's excellent new movie, including some footage of an interview with Kopel.

New Translations of Kopel

Zur Tragödie von Virginia Tech

Wall Street Journal
18. April 2007

German translation of Kopel's Wall Street Journal article on Virginia Tech and the dangers of "gun-free" zones.

E se avessimo preso la Columbine seriamente?

Io sparo che me la cavo: i Libri di Enclave

Here is a new e-book version of an Italian book on the right to arms. Includes an Italian version of Kopel's article "What if we had taken Columbine seriously?"

New from the Independence Institute

"An International Human Right to Keep and Bear Arms"

Christopher J. Schmidt
William and Mary Bill of Rights Journal, Vol. 15, J. 983
February, 2007

"This ground-breaking article argues that international law can and should be read to support a right to arms.

A Critique of Home Office Research Study 298 of 2006: Gun Crime: The market in and use of Illegal Firearms

Colin Greenwood
The Second Amendment Project of the Shooting Sports Trust and the Independence Institute
April, 2007

A careful dissection of a deeply flawed British government study promoting more repressive laws against gun owners, notwithstanding the failures of previous laws.



Gun Crime Explodes

Marnie O'Neill
The Sunday Telegraph (AU)
May 06, 2007

"Sydney is in the grip of a wave of gun crime, with a weapon fired or used to menace innocent residents six days in every seven."


Hubris in the North: The Canadian Firearms Registry

Gary Mauser
The Fraser Institute
July 5, 2007

"This paper is a timely effort to evaluate the effectiveness of the 1995 firearm legislation."

Deadly School Shooting

Iain Marlow, San Grewal, and Thulasi Srikanthan
Toronto Star (Canada)
May 24, 2007

"In a grim first for Toronto, a boy is gunned down inside his school."

Tighter Gun Control Resisted

Tonda MacCharles
Toronto Star (Canada)
July 2, 2007

"A federally commissioned poll of "stakeholders" selected by the government to comment on potential changes to gun control found more opposition than support for tighter restrictions."

Shooting Violence in Canadian Schools 1975-2007

Canadian Press
Toronto Star (Canada)
May 23, 2007

Here is a list of firearms-related violence in Canada's schools over that time period.

Panel Loaded with Gun Buffs

Susan Delacourt
The Toronto Star (Canada)
May 28, 2007

This story reads very much like an opinion column, with a 'fright' photograph for illustration as it questions the make-up of the Tory government's panel evaluating the success of Canada's multi-billion dollar gun registry in preventing crime.

European Union

MEPs Tighten EU Rules on Gun Ownership

Press Release
The European Parliament
June 27, 2007

"New measures to tighten up gun controls, including restricting their sale over the web, were demanded by the Internal Market Committee on 27 June. In a co-decision report, MEPs call for information on guns, including imports from third countries, to be stored in national databases for 20 years, and shared among Member States. Member States would be expected to report back to Parliament, as well as the Commission, on measures giving effect to this law."


Govt to Introduce Tougher Gun Control Measures

The Yomiuri Shimbun
June 26, 2007

"Prime Minister Shinzo Abe ordered relevant government offices to tighten gun control in May, in light of a number of incidents such as the fatal shooting of Nagasaki Mayor Itcho Ito in April."


Mexico's Gun Laws are as Draconian as they are Ineffective

Bart Skelton
Guns & Ammo
June, 2007

"Gun ownership in Mexico is an exclusive club. You must be either wealthy or a criminal, or both. Permits for firearms can be obtained, however, after much bureaucratic nonsense that can only be avoided by those with connections or a monetary favor, a.k.a., mordida."

United Kingdom

Minister Urges Teenagers to Take Up Shooting to Improve Behaviour

Jonathan Wynne Jones
The Sunday Telegraph (UK)
May 27, 2007

"Anti-gun campaigners have accused the Government of making a U-turn on firearms after a minister urged teenagers to take up shooting to improve their behaviour."

The British Way of Murder

"Theodore Dalrymple"
City Journal
April 9, 2007

"Britain is experiencing a spate of murders that suggests a population increasingly unable, or unwilling, to control itself."

More on Gun Violence in Britain

The Guardian
July 7, 2007

This page is an ongoing complilation of crime stories involving firearms in the United Kingdom.

Government Figures 'Missing' Two Million Violent Crimes

David Barrett
The Independent (UK)
June 26, 2007

"An extra two million violent crimes a year are committed in Britain than previously thought because of a bizarre distortion in the Government's flagship crime figures, it was claimed yesterday."


Rudy Flips Gun Stance

Craig Gordon
May 23, 2007

"Giuliani's days as a crusading anti-gun mayor are behind him now that he's running for president, and Wednesday he staked out a simple test for concealed-carry permits, which are tightly controlled in New York..."

Reauthorize the Tiahrt Amendment

Lawrence G. Keane, NSSF
The Hill
May 23, 2007

"When it authorized restrictions on public access and use of gun trace data, Congress correctly understood that this sensitive information was a crime-fighting tool, always intended solely for use by law enforcement and that, in the wrong hands, it could be recklessly misused. Those legitimate concerns are still valid today. Congress should continue to put public safety and the lives of law enforcement ahead of gun control politics and reauthorize the Tiahrt Amendment."

Arrests Likely in Trolley Square Massacre Gun Probe

Russ Rizzo
The Salt Lake Tribune
May 17, 2007

"The gun originally was bought legally at a store by a man out of state and was stolen, Dyer said. Then it changed hands six or seven times among three people before reaching Talovic, Dyer said."


"Shooting Michael Moore"

Kevin Leffler
A Chainsaw Productions Film

"Join Michael Moore's home town buddy, Kevin Leffler, in uncovering the depths of Moore's deceit- from committing environmental violations to owning the stock of the worlds largest drug company, Pfizer to screwing over the financially poor "stars" of his past movies. You won't believe how Moore also owned Dick Cheney's favorite stock, Halliburton!"

Ohio Newspaper Under Fire for Outing Gun Owners

Nathan Burchfiel
July 5, 2007

"An Ohio newspaper's decision to publish the non-public records of concealed carry permit holders drew a strong response, and one gun rights advocacy group published personal but public information about the newspaper's editor."

Man opens BB gun shooting range for children

Associated Press (OH)
July 5, 2007

"In an effort to bring back a tradition from his own childhood, an 84-year-old man has created a BB gun shooting range for children."

Gun rights and homeschooling parallels

Sandy Froman
World Net Daily
May 17, 2007

"There are core values in common between gun ownership and homeschooling. These commonalities are things you and I applaud, but those who think big government is the solution to every problem cannot accept it." Froman is a former president of the National Rifle Association.

At Gun Raffle, A Reminder Of Va. Tech

Fredrick Kunkle and Tim Craig
Washington Post
May 18, 2007

At a 'Bloomberg Gun Raffle' opponents and proponents of civilian firearms ownership exchanged strong opinions about the causes and results of the Virginia Tech shootings.

Gresham Re-launches "Truth Squad" to Confront Media Inaccuracies

Tom Gresham
Press Release
May 25, 2007

"Radio host and television personality Tom Gresham has relaunched his 'Truth Squad' a group of his listeners who are dedicated to correcting the inaccuracies frequently passed off as fact in mainstream media. As Gresham says 'a lie left unchallenged becomes the truth.'"

Community College Adds Shooting & Hunting Sports Management Program

The Shooting Wire
May 30, 2007

"A new two-year associates program offered by North Carolina's Montgomery Community College will give graduates an inside track on careers in the shooting and hunting sports. The curriculum is also structured to also allow students outside North Carolina to participate in all but one portion of the program online, making it considerably more affordable to obtain that degree." For the program itself at the College, see here. http://www.montgomery.cc.nc.us/newsshootingsports.htm

Personal Defense Television Season 1 Returns to Outdoor Channel for Another Quarter

Press Release
The Outdoor Channel
July 2, 2007

"Due to its popularity, Personal Defense Television Season 1 is returning to Outdoor Channel for another run. Beginning this week, you will be able to catch your favorite episodes of PDTV again. The show will air for 13 weeks on Outdoor Channel and in stunning HD on Outdoor Channel 2HD."

Chicago Priest Calls for Murder of Gun Shop Owner

Press Release
The Illinois State Rifle and Pistol Association
May 29, 2007

"During an address at an anti-gun rally in front of Chuck's, Rev. Michael Pfleger, pastor of St. Sabina's Church, exhorted the crowd to 'drag' shop owner, John Riggio, from his shop 'like a rat' and 'snuff' him."


We've Forgotten How to Fight Back

Billie Louden
The Denver Post
May 12, 2007

"We have got to stop sticking our heads and our children's heads in the sand, pretending evil does not exist. Unless we recover the fight-back spirit buried inside ourselves and pass it own to our kids, we are doomed. No one can predict or stop the next horrendous act that will surely come to be. What we can do is assure that our survival instincts will lower the number of victims." 'Colorado Voices' columnist Billie Louden is a deputy sheriff in Denver and an Army veteran.

CSU Policy Allows Permit Holders to Carry Guns on Campus; Opinions Mixed

Sara Reed
Fort Collins Coloradoan
May 13, 2007

"Police at the University of Northern Colorado and the University of Colorado say allowing concealed weapons on campus is more trouble than its worth, but Colorado State University is sticking to its policy that allows permit-holders to carry their guns."

Panel Kills College Dorm Gun Ban

Jordan Blum
The Advocate (Baton Rouge, LA)
May 31, 2007

"An attempt to close a state 'loophole' that allows firearms in college dorms was soundly defeated Wednesday in a House committee after several Second Amendment advocates spoke against it."

Ex-Marine at GMU Presses to Let Students Have Guns

Fredrick Kunkle
The Washington Post
June 14, 2007

"Soon after Virginia Tech's mass shooting, some George Mason University students formed a group to do something about guns on campus: They want the right to carry them."

States Amend Gun Policies, Debate On-Campus Weapon Carry

Gabriel McVey
The Collegiate Times
June 20, 2007

"A great deal of evaluation, and even second-guessing, have been going on concerning the events of April 16." The article emphasizes those opposed.

Guns On Campus: A Preponderance Of Public Policy and Interest

John Longenecker
News by Us: Not News Bias
June 25, 2007

Here is a reaction to the above article, making the case for legal possession of concealed firearms on college campuses.

Hard to Argue with Perry's Stance on Concealed Handguns

O.K. Carter
The Houston Star-Telegram
May 3, 2007

Texas governor Rick Perry is urging the State Legislature to allow holders of concealed carry permits to possess their weapons without limits as to where.

Run-in Changes Lawmaker's Stance

Phillip Morris
The Cleveland Plain Dealer
May 15, 2007

"They say the definition of a conservative is a liberal who has been mugged. DeBose's CCW application will bear some witness to that notion."

Pasadena Man Charged in Incident at Lawmaker's House

Kristen Mack and Kevin Moran
The Houston Chronicle
July 10, 2007

Texas State Rep. Borris Miles shot and wounded a man stealing copper pipe from a home he was building. Miles voted earlier this year against a bill to expand Texans' rights to defend themselves with deadly force.


Work rules could blow up ammunition supplies: OSHA considering new requirements for handling 'explosives'

World Net Daily
July 7, 2007

"The federal government is considering a series of new rules that would apply to workplaces where "explosives" are handled, giving rise to a concern that the restrictions could be used to limit--or eliminate--reasonable access to firearms ammunition."

Press Release
The NRA Institute for Legislative Action
July 13, 2007

Here is the NRA-ILA's analysis of the proposed new regulation: "These provisions do not reflect standard practices in the shipping industry, and many carriers would probably refuse to ship ammunition under these rules." OSHA is now re-casting the proposed changes.

Firearms Industry Hails Decisive Passage of Shelby Amendment Safeguarding Law Enforcement

Press Release
The National Shooting Sports Foundation
June 28, 2007

The Senate's equivalent of the Tiahrt Amendment passed the Senate Appropriations Committee by a 19 - 10 vote.

ATF Halts 'Blanket' Checks of Gun-show Sales

Lara Jakes Jordan
Associated Press
July 3, 2007

"The ATF no longer routinely checks addresses of some buyers at gun shows after being accused of chilling sales at one show in 2005, the Justice Department reported Monday."

Gun-Buyer Checks Halted by ATF Amid Criticism Appear Proper, Report Says

Lara Jakes Jordan
Associated Press
July 3, 2007

"An ATF spokesman agreed with the report's findings, calling the report 'an objective assessment of ATF's investigative operations at gun shows.'"



Did City Hall Fund a Gun-Runner?

Jeffrey Anderson
The L.A. Weekly
June 1, 2007

A man currently under arrest for gun-running was the founder of a group called 'No Guns,' which the Los Angeles city goverment subsidized to the amount of $1.5 million.


Governor Signs Gun Control law

Vail Daily News
May 17, 2007

Colorado Governor Bill Ritter signed a bill disallowing residents and visitors to Colorado to use concealed carry permits granted by a state in which they do not reside.


Governor Rell Signs Bill Requiring Reporting of Lost or Stolen Firearms

Press Release
State of Connecticut, Office of the Governor
June 24, 2007

"Governor M. Jodi Rell has signed a bill to require gun owners to report their guns lost or stolen within 72-hours of discovering them missing."


Blagojevich talks gun control in midst of budget stalemate

Deanna Bellandi
Associated Press (IL)
July 9, 2007

"Gov. Rod Blagojevich tried Monday to change the subject from the state budget stalemate by urging the Illinois House to pass a gun-control measure..."

Illinois Gun Factory Plans Move to Iowa

Associated Press (IA)
May 23, 2007

"The company is currently based in Hillsdale, Ill., but its owner, Les Baer, decided to move after Illinois lawmakers proposed a ban on the distribution, sales and manufacturing of semiautomatic weapons."


O'Malley Vetoes Bills on Gun Sales, Parole

John Wagner and Lisa Rein
The Washington Post
May 17, 2007

Maryland Governor Martin O'Malley vetoed a bill that would have repealed a provision of existing law that required law enforcement agencies to destroy old guns or transfer them to another police force.


New Law Protects Killing of Intruders

Associated Press
St. Louis Post-Dispatch (MO)
July 4, 2007

Gov. Matt Blunt has signed legislation allowing Missourians to kill intruders without fear of prosecution or lawsuits, as well as removing a requirement for state residents to obtain a permit from their county sheriff to own a handgun. The law also included mental health records in the state's firearms purchase eligibility database, reflecting the Virginia Tech shootings.


City Council Unanimously Approves Toy Gun Ban

NBC-5 (Dallas, TX)
May 23, 2007

"The Dallas City Council unanimously approved a toy gun ban on Wednesday, but the current version isn't nearly as strong as earlier proposals."


Governor Closes Loophole that let Cho Get Guns

Associated Press (VA)
May 1, 2007

"Virginia Gov. Timothy M. Kaine said Monday he has closed the loophole that allowed a mentally disturbed Virginia Tech student to acquire the guns he used to kill 32 students and faculty members." The blog site that preserved this story, The Black Flag Cafe, has some interesting and thoughtful commentary on this story and the events behind it.


Gun Ban Ruling Puts Fenty on the Spot

Carol D. Leonnig
The Washington Post
May 17, 2007

"D.C. Mayor Adrian M. Fenty must make a risky choice about the District's gun ban: defend it before the Supreme Court or write new, looser laws governing how city residents can keep guns in their homes. As he wades into a high-stakes debate over the Second Amendment, the new mayor of the nation's capital faces the possibility that the city could lose the case and undercut decades of hard-fought gun-control legislation across the country."

Restored: Free speech during elections

Sandy Froman
World Net Daily
June 28, 2007

Here is the former NRA president's take on the Supreme Court's recent decision striking down some provisions of the McCain-Feingold Campaign reform legislation.

A Liberal Case For Gun Rights Helps Sway Judiciary

Adam Liptak
The New York Times
May 6, 2007

"In March, for the first time in the nation's history, a federal appeals court struck down a gun control law on Second Amendment grounds. Only a few decades ago, the decision would have been unimaginable."

Wyoming will appeal federal decision in gun lawsuit

Ben Neary
Associated Press (WY)
May 30, 2007

"Wyoming will appeal in federal court to try to defend a state law that allows some people convicted of misdemeanor domestic violence to regain their right to own firearms."


UC Davis Study Finds Microstamping of Firearms 'Flawed'

Press Release
The National Shooting Sports Foundation
May 4, 2007

"'The study proved that the patented technology is 'flawed' and 'does not work well for all guns and ammunition.'"

Setting the record straight about firearms trace data

Michael J. Sullivan
Scripps Howard News Service
April 30, 2007

The acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives explains in this piece the uses and limits of firearms tracing data in investigating crimes and criminals such as those involved in the Virginia Tech shootings.

Students Carrying Weapons

ChildTrends Databank
August 15, 2006
PDF files require Adobe Acrobat Reader or similar software.

"The percentage of high school students carrying weapons in the past 30 days declined from 26 percent to 17 percent between 1991 and 1999, and since then has risen slightly,with 19 percent carrying weapons in 2005." These are tabulated poll results from last year.

Dave Kopel: Supreme Court Cases

"Jerry the Geek"
Cogito Ergo Geek
June 28, 2007

This particular shooter-blogger has a great deal laudatory to say about Kopel's book Supreme Court Gun Cases, from an increasingly informed perspective.

Interesting -- CHL %-ages by State

Right Wing Nation
September 10, 2005

The Title translates to "Concealed Handgun License Percentages." This academic blogger compiled a list of all current shall-issue states, and the percentages of the populations that then had carry licenses.

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this creative, yet pragmatic individual, see here. Dr. Rice is proud and exhausted to announce the first publication of one his novels, to be found here. Your prayers and purchases are most appreciated.

Al Qaeda delenda est!

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