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Dave Kopel's Second Amendment Newsletter March 5 2007

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.
http://www.independenceinstitute.org


The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free.


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, Articles: Ugandan Ethnocide; RKBA Booklist; Self-Defense in Scripture
  2. New by Kopel, Blogging: Trained Criminals; St. Gabriel Possenti
  3. International: Argentina; Canada; China; Iran; Namibia; New Zealand; Mexico; Philippines; U.K.
  4. Culture: Froman at Stanford; Euro Parliament; Vermont Art Show; Jim Zumbo; Armed Civil Rights; Cardinal Hypocrisy; Primitive Biathlon; RKBA 'Unspeak'; Orlet on Self-Defense
  5. Terrorism: More Armed Pilots; Cockpit Defense
  6. Politics: Brady Campaign Errs; Giuliani; Clinton 'Assault' Ban Redux; National Concealed Carry; Hunting, Fishing Caucus
  7. States: Arkansas; Arizona; Colorado; DC; Florida; Georgia; Massachusetts; Missouri; Montana; New York; North Carolina; North Dakota; Utah; Virginia; West Virginia
  8. Law: UPS Employee Ruling; New Orleans Contempt Citation; Cook County Gun Ban
  9. Research: Nazi Gun Control; New Jersey Government wants Ammo Laws; Vermont Attorney General on Lead; British Gun Statisitics; Minnesota Concealed Carry Report

I. New by Kopel

Articles

Guns Don't Kill People, Gun Control Kills People.

With Joanne D. Eisen and Paul Gallant
Reason Magazine
February 23, 2007
http://reason.com/news/show/118708.html

Uganda terrorizes its own citizens under the auspices of a UN gun control mandate.

Ten on the Second

America's 1st Freedom
March 2007
http://davekopel.com/2A/Mags/10-on-the-Second.pdf
PDF files require Adobe Acrobat Reader or similar software.

Ten great books (plus some bonus recommendations) on the right to arms.

Is the Best Defense a Good Book?

America's 1st Freedom,
February 2007
http://davekopel.com/Religion/Is-the-best-defense-a-good-book.pdf
PDF files require Adobe Acrobat Reader or similar software.

Refutes the claim of pacifist-aggressives that the New Testament mandates pacifism.


Blogging

Gun-related Data for Criminals who Shoot Police Officers

The Volokh Conspiracy
February 16, 2007
http://tinyurl.com/2wrcla

"Data from a new FBI study of criminals who shoot police officers shows that gun control laws have no effect on them, and that gun shows are almost never a source of the guns."

Happy St. Gabriel Possenti Day!

The Volokh Conspiracy
February 27, 2007
http://tinyurl.com/2l98xw

"Should the Vatican eventually grant the petition, St. Gabriel Possenti would join a long line of Catholic saints who are associated with arms, freedom, the military, or crime-fighting."


International

Argentina

The Fight against Guns in Argentina

Teresa Bo
Al Jazeera
February 4, 2007
http://tinyurl.com/2345tt

An elderly Argentine woman has taken it upon herself to buy firearms from armed criminals.


Canada

Gun Group Condemns Release of Federal Data

Glen McGregor
The Ottowa Citizen
February 13, 2007
http://tinyurl.com/2o459s

"An organization representing firearms owners says the release of data from the federal gun registry to the Citizen is a privacy violation and could jeopardize public safety."


China

Revision of gun law considered

Winny Wang
Shanghai Daily
February 13, 2007
http://tinyurl.com/yq82w3

"The gun law plays an important role in maintaining social security and controlling the use of guns, but some authorities haven't managed guns according to the law or implemented the law strictly, said the Internal and Judicial Affairs Committee of the National People's Congress, China's national legislature."


Iran

Austrian Rifles Supplied to Iran have Found their Way to Iraqi Insurgents

Associated Press (UK)
February 13, 2007
http://www.foxnews.com/story/0,2933,251665,00.html

Austrian-made Steyr HS rifles in .50 caliber are turning up in the hands of Iraqi terrorists. The weapons were sold to Iran ostensibly for anti-narcotics use.


Namibia

CoD Wants Gun Ban

The Namibian (Windhoek, Namibia)
February 12, 2007
http://www.namibian.com.na/2007/February/national/07764F6286.html

The Congress of Democrats, the party in opposition in Namibia, has called for a ban on civilian firearms ownership in the aftermath of several publicized shootings.


New Zealand

Greg Carvell Disappointed Prosecution Going Ahead

Tania Mackenzie
Newstalk ZB (New Zealand)
February 12, 2007
http://www.newstalkzb.co.nz/newsdetail1.asp?storyID=112260

"Gun Shop Employee Greg Carvell is stunned that he is still being prosecuted for shooting a robber."


Philippines

Comelec 7 Allows Guns in Private Vehicles as Long as not in Plain Public view

Press Release
Philippine Information Agency
February 23, 2007
http://tinyurl.com/ytsuoo

"Individuals owning firearms may carry their guns inside their personal vehicles as long as the weapons are not in plain view to the public as the election gun ban period is in effect."


United Kingdom

Time to Bite the Bullet on Gun Ban

Kate Hoey, Labour MP
The Telegraph (UK)
February 8, 2007
http://tinyurl.com/2cv74g

A British member of Parliament pleads with the Home Secretary for a dispensation in the latest incarnation of Britain's gun ban to allow Britons to prepare for competitive target shooting.

Gunlaw Britain on the side of the criminals

Simon Heffer
The Daily Telegraph (UK)
February 17, 2007
http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2007/02/17/do1703.xml

"It is one of the great paradoxes of modern life that since the clamp-down on gun ownership after the hideous massacre at Dunblane in 1996, there are far more firearms in circulation than ever: and most appear to be in the hands of criminals, held without the knowledge of the police."

Guns for Hire at 250 Pounds a Night

Robert Mendick
The Evening Standard (UK)
February 16, 2007
http://tinyurl.com/2tqeyx

"The ease with which firearms are available routinely on a rental basis emerges after a series of shootings in which three young men have died in south London in less than two weeks."

Plans to Change Gun Laws Run into Opposition

The Guardian (UK)
February 22, 2007
http://tinyurl.com/2tqeyx

"The prime minister and the home secretary today won little backing for their plans to toughen up gun laws, with community leaders warning the changes could prove counterproductive." An illustration of weapons confiscated during a recent raid in London shows only pellet guns and targets.

Gun Laws that Constrain the Law-abiding

Steve Lee
The Daily Telegraph (UK)
February 16, 2007
http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2007/02/16/dl1601.xml

"We have, post-Dunblane, what are said to be the toughest gun control laws in the world. They have actually proved strikingly ineffectual."


Culture

Froman hails free speech, gun rights

Patrick K. Fitzgerald
Stanford Daily (CA)
February 13, 2007
http://daily.stanford.edu/article/2007/2/13/fromanHailsFreeSpeechGunRights

"NRA President Sandra Froman defended First and Second Amendment rights in a well-received speech at Stanford."

Euro Parliament to View Gun Film

Katja Hofmann
Daily Variety
February 8, 2007
http://tinyurl.com/2xgejl

"Directed and produced by Sander Francken, the pic focuses on the causes and effects of both the legal and the illegal trade in small arms and argues the need for an international strategy in the fight against illicit weapons."

Art Show Takes Aim at Guns

WCAX-TV (VT)
February 4, 2007
http://tinyurl.com/25j752

"An art show in Central Vermont takes a look at the many roles weapons play in our society."

Outdoor Life And Jim Zumbo Part Ways

Todd. W. Smith; Editor-in-Chief
Outdoor Life
February 2007
http://www.outdoorlife.com/outdoor/columnists/article/0,19912,1592623,00.html

After writer Jim Zumbo suggested banning AR-15 "terrorist" style rifles for any form of hunting,' he has ceased all affiliation with this particular magazine.

Tipping Point -- Suicide On The Web

Tom Gresham
Gun Talk
March 1, 2007
http://tinyurl.com/24u7dg

Gresham offers his summary and analysis of what Zumbo said and the use anti-2nd Amendment politicians and groups immediately made of his remarks.

Mind You Don�t Get Zumboed: Conservative Candidates Beware of Angering Gun Enthusiasts

John Derbyshire
National Review Online
March 1, 2007
http://tinyurl.com/3xmva6

Here is NRO columnist John Derbyshire's report on Zumbo's remarks and what the aftermath suggests about the politics of modern firearms ownership.

Second Amendment Freedoms Aided the Civil Rights Movement

Ken Blackwell
Townhall.com
February 6, 2007
http://tinyurl.com/23cug9

"The empowering freedom of law-abiding citizens to keep and bear arms is particularly timely during Black History Month, for its role in the victory of civil rights for all is sorely overlooked."

Why I Broke One of My 'Cardinal' Rules; I thought guns were evil

Walda Cameron
Newsweek
February 12, 2007
http://www.msnbc.msn.com/id/16960413/site/newsweek/

A long time opponent of firearms ownership bemoans her hypocrisy in the aftermath of a pest drastically controlled.

Running and Gunning in Vermont

TheTranscript.com (VT)
February 2, 2007
http://tinyurl.com/25votd

A "Primitive Biathlon" on foot with vintage-style muzzleloaders is now being run in New England. Much more information on the relatively new sport is available online.

'Unspeak' and the Gun Prohibitionists

William R. Tonso
LewRockwell.com
February 10, 2007
http://www.lewrockwell.com/orig7/tonso4.html

Tonso takes the premise of the book, _Unspeak_, by Steven Poole, and shows how Poole's described principles of ideological language distortion have long operated in the debate over civilian firearms ownership.

Sulejmen the Mysterious

Christopher Orlet
The American Spectator
February 22, 2007
http://americanprowler.com/dsp_article.asp?art_id=11052

Orlet offers his views about the recent attack at a Salt Lake City shopping mall by a Bosnian Muslim immigrant. His dismissive views on concealed carry brought a strong reader response.


Terrorism

U.S. Wants Pilots Armed On Overseas Flights

Thomas Frank
USA Today
February 8, 2007
http://tinyurl.com/yqpf32

"For the first time, the U.S. government is asking foreign countries to allow pilots to carry guns in the cockpit when they fly overseas."

Handguns and Air Marshals

Ethan Rider
Airliners.net
November 15, 2003
http://www.airliners.net/articles/read.main?id=64

This older article offers a very good overview of the role that armed pilots, fortified cockpits, and air marshals could play in the defense of an airliner against a terrorist attack.


Politics

After a Sting, a Gun Dealer gets Stung

Melissa Dribben
The Philadelphia Inquirer
February 16, 2007
http://tinyurl.com/2vqpd7

The Brady Campaign listed a Pennsylvania gun dealer as participating in illegal firearms transactions upon its website. The dealer in question had been cooperating with a BATFE 'sting' operation.

Bradys Bad Mouthing Good Gun Shops

'Sebastian'
'Snowflakes in Hell' Web Log
February 16,2007
http://www.snowflakesinhell.com/?p=209

Here is an analysis of the incident by a local resident and a customer of the gun shop falsely and publically accused of criminal wrong-doing by the Brady Campaign.

Firearms Industry Warns: Giuliani No Friend to Gun Owners

Press Release
National Shooting Sports Foundation
February 6, 2007
http://tinyurl.com/3bbhr3

The National Shooting Sports Foundation runs over Rudolph Giuliani career as Mayor of New York and expresses serious doubts about his claimed support of the Right to Keep and Bear Arms.

Giuliani: Gun Control Helped Lower Crime

Associated Press
Foxnews.com
February 11, 2007
http://www.foxnews.com/wires/2007Feb11/0,4670,Onthe2008Trail,00.html

"Rudy Giuliani addressed a potentially troublesome issue with conservative voters, saying his policies as mayor to get handguns off the street helped reduce crime in New York."

House Bill 1022 - Assault Weapons Ban and Law Enforcement Protection Act of 2007

U.S. House of Representatives
Gunlaw News
February 18, 2007
http://www.gunlawnews.org/110th-House-Bills/hr1022.html

Here is a description and analysis of pending legislation in the House to resurrect and expand the Clinton-era ban on selected varieties of firearms and accessories.

National Standard for Nonresidents to Carry Concealed Firearms

Senator John Thune (Republican, South Dakota)
The Senate of the United States
January 25, 2007
http://tinyurl.com/3eytl4

Senator Thune and his co-sponsors are attempting to set the standards for a National permit for concealed carry.

Sen. Max Baucus Tapped to Lead Hunting, Fishing Caucus

Press Release
The Senate of the United States
January 31, 2007
http://baucus.senate.gov/newsroom/details.cfm?id=268263

"Montana Senator Max Baucus has been picked to lead the Congressional Sportsmen's Caucus, a group of lawmakers who work to boost access for hunting and fishing across the country." Baucus is a Democrat.


States and Non-states

Arkansas

Self-defense Measure Loses Bout

Laura Kellams
The Arkansas Democrat Gazette (AR)
February 16, 2007

A 'Stand Your Ground' bill in the Arkansas House Judiciary Committee died Wednesday after testimony from prosecutors that it would make convictions more difficult.


Arizona

Arizona Lawmakers Vote to Make Self-defense Change Retroactive

Paul Davenport
Associated Press (AZ)
February 26, 2007
http://www.azstarnet.com/metro/171101

"Trying to help a hiker who was sentenced to prison for a fatal shooting, the Arizona Legislature completed action Monday on a bill to explicitly make a 2006 self-defense law apply retroactively to his case and an unknown number of others."


Colorado

'Make My Day' Expansion Killed

Mike Saccone
The Daily Sentinel (Grand Junction, CO)
February 27, 2007
http://tinyurl.com/27e42b

"Democratic lawmakers shot down a controversial expansion to Colorado's "Make My Day" law during a Monday afternoon committee hearing, calling the measure a "street death penalty."


District of Columbia

Barry Aims for Gun-ban Hiatus

Gary Emerling
Washington Times (DC)
February 7, 2007
http://washingtontimes.com/metro/20070206-115722-3302r.htm

"D.C. Council member Marion Barry yesterday introduced legislation that would suspend the District's 30-year ban on handguns, providing gun owners a 90-day period to register weapons they would then be allowed to legally own." Existing restrictions would resume after that period, and the records of the guns registered would be retained by D.C. City government.


Florida

Gov. Crist Calls for Meeting on Loopholes in Concealed Weapons Law

Megan O'Matz and John Maines
South Florida Sun-Sentinel
February 2, 2007
http://tinyurl.com/2bg72a

"Gov. Charlie Crist said Thursday he was concerned about lawbreakers who are licensed to carry guns in Florida and was planning to meet with the commissioner in charge of issuing the licenses to discuss the problem."


Georgia

House OKs Guns in Cars

Jeremy Redmon
The Atlanta Journal - Constitution (GA)
February 13, 2007
http://tinyurl.com/ynn3d9

The Georgia House jumped back into the long-running debate over gun rights Monday, approving legislation that would allow motorists to conceal loaded firearms in their cars without a permit.


Massachusetts

Gun Range Review Focuses on Lack of Permits

Milton J. Valencia
Worcester Telegram & Gazette News
January 25, 2007
http://tinyurl.com/yowjx4

"While police are challenging the legality of a local gun range's policies, an informal survey shows at least one other gun range in the state allows people without any gun permit to rent and shoot a firearm, further clouding the issue of whether the practice is illegal."


Missouri

House Expands Right to Use Deadly Force

Chris Blank
Associated Press (MO)
February 15, 2007
http://columbiamissourian.com/news/story.php?ID=24275

"House members endorsed a bill barring civil lawsuits against people who injure or kill people attempting to enter their home or car."


Montana

Proposal that Lets Gun Owners Brandish Weapons Clears House

Matt Gouras
Associated Press (MT)
February 15, 2007
http://www.billingsgazette.net/articles/2007/02/15/news/state/39-guns.txt

"Residents would be allowed to brandish a firearm if they felt threatened, and would not be required to retreat from a would-be assailant before shooting in self defense under a measure working its way through the Legislature."

Gun Rights Bill Passes House

Matt Gouras
Associated Press (MT)
February 26, 2007
http://tinyurl.com/3arhfx

"The House bucked the law enforcement community and endorsed a proposal to let residents brandish firearms if they feel threatened."


North Carolina

Ammo Permit Measure Weighed

Matt Dees
The News & Observer (Raleigh, NC)
February 27, 2007
http://www.newsobserver.com/102/story/547616.html

"Gun owners looking to reload would have to show a permit every time they buy ammunition, if a bill backed by Durham officials gains state approval."


New York

Feds Warn NYC Over Gun-Sales Stings, Won't File Charges

Michael Saul
New York Daily News
February 8, 2007
http://tinyurl.com/2w8uq6

"In a stern rebuke to the city's high-profile crusade against illegal guns, the feds warned the Bloomberg administration that it could face "potential legal liabilities" if it continues to conduct sting operations that fall within the jurisdiction of federal agents."


North Dakota

North Dakota House OKs deadly force bill

Jonathan Rivoli
Bismarck Tribune (ND)
February 13, 2007
http://tinyurl.com/2w73k8

"The North Dakota House narrowly approved a measure Monday to allow homeowners greater latitude in using deadly force on intruders."


South Dakota

Bill to Reduce Hunting Age to 10 Fails

Joe Kafka
Associated Press (SD)
February 13, 2007
http://tinyurl.com/2avudz

"The South Dakota House has refused to pass a bill that would have let all 10-year-olds hunt."


Utah

Legislature Passes Diluted Bill on Concealed Guns at Campuses

Erin Stewart
Deseret Morning News (UT)
March 2, 2007
http://deseretnews.com/dn/view/0,1249,660199941,00.html

"Starting with ambitions of banning guns in university sports arenas and classrooms, university leaders in Utah settled this week on a much-diluted version of a law to control concealed weapons on campus."

Gun Bans May not be Allowed in Parking Lots

Nicole Warburton and Lisa Riley Roche
Deseret Morning News (UT)
February 23, 2007
http://deseretnews.com/dn/view/0,1249,660198027,00.html

"Owners of private parking lots would no longer be able to stop gun owners from storing their weapons in a parked car under a bill that received tentative approval in the Senate - one of two bills getting majority support from state senators Thursday."


Virginia

Fairfax's Push for Gun Limits Dies in House

Bill Turque
The Washington Post
February 17, 2007
http://tinyurl.com/3a9on3

"A bill promoted by Fairfax County to ban the carrying of guns into certain areas of police stations and other law enforcement buildings died in a state House subcommittee yesterday."


West Virginia

NRA's 'Castle Doctrine' Bill Passes

Tom Searls
Charleston Gazette (WV)
February 10, 2007
http://tinyurl.com/yvt7zz

"West Virginia senators unanimously passed a bill giving people criminal immunity for killing someone in self-defense Friday before leaving Charleston for the weekend."


Law

Federal Court Voids Firing Because Employee was Armed

David Hardy
Of Arms and the Law
February 22, 2007
http://armsandthelaw.com/archives/2007/02/federal_court_v.php

"UPS had announced that law enforcement would be conducting a "routine" search of all persons and property for contraband. Er -- anyone heard of the 4th Amendment? He said that he had such a firearm, and he was fired."

Employee Gun Possession (Outside Employer Property) Presumptively Protected Against Employer Retaliation?

Eugene Volokh
The Volokh Conspiracy
February 22, 2007
http://volokh.com/posts/1172173543.shtml

Here's Gene Volokh's opinion on the UPS case and the Federal Court ruling that ordered the employee's reinstatement based on Ohio statute.

SAF Victory in New Orleans, Judge Grants Contempt Motion

Press Release
Second Amendment Foundation
February 13, 2007
http://www.saf.org/viewpr-new.asp?id=211

"A United States District Judge in New Orleans has granted a motion to hold Mayor C. Ray Nagin and Police Superintendent Warren Riley in contempt for failure to provide initial disclosures and answers to discovery in a lawsuit filed by the Second Amendment Foundation."

Illinois State Rifle Association Takes Action against Cook County Gun Ban

Press Release
Illinois State Rifle Association
February 21, 2007
http://tinyurl.com/ysf6ly

"The ISRA announced today that it is seeking injunctive relief against a gun ban recently enacted by the Cook County Board."


Research

Nazism, the Second Amendment, and the NRA: A Reply to Professor Harcourt

Stephen P. Halbrook
Texas Review of Law and Politics, Volume 11, No 1
Fall, 2006
http://www.trolp.org/main_pgs/issues/v11n1/Halbrook.pdf
PDF files require Adobe Acrobat Reader or similar software.

Halbrook here refutes the recent argument that Nazi Germany had liberal policies toward firearm owners and that the National Rifle Association promotes a myth of Nazi repression of firearms owners as part of a cultural war. Like any totalitarian system, Nazism repressed firearms owners, particularly political opponents, Jews, and anyone not adhering to National Socialism. This is a legitimate area of study in comparative law and Holocaust studies. The NRA, far from being a myth maker, played a role in the defeat of Nazism.

Armed and Dangerous

Commission of Investigation
State of New Jersey
February 2007
http://www.state.nj.us/sci/pdf/Armed%20and%20Dangerous.pdf
PDF files require Adobe Acrobat Reader or similar software.

"The New Jersey State Commission of Investigation (SCI) has issued a 30 page report alleging that it is too easy for criminals to obtain ammunition in New Jersey and proposing a series of new gun control laws which would require ammunition purchasers to have a New Jersey Firearms ID Card, prohibit ammunition sales without proof of ownership of a firearm matching the caliber to be purchased, and change New Jersey's Firearms ID Card to digitized photographic format, among other things."

SCI Takes Aim at Gangs, Firearms Ammo; Calls for Tough New Laws

Press Release
New Jersey State Commission of Investigation
February 14, 2007
http://www.state.nj.us/sci/pdf/AmmoReportPressRelease.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is the SCI's press release announcing the report and the call for new restrictions.

Science and Facts Escape Attorney General's Anti-Lead Ammunition Report

Press Release
Sporting Arms and Ammunition Manufacturers Institute
February 1, 2007
http://www.earthtimes.org/articles/show/news_press_release,54157.shtml

The Vermont State Attorney General has issued a report bemoaning the presence of lead in the environment from its use in firearms ammunition. SAAMI refutes the claims of that report and argues for the environmental safety of lead in ammunition.

The Facts of Britain's Gun Culture

Richard Ford
The Times Online
February 15, 2007
http://timesonline.co.uk/tol/news/uk/crime/article1391199.ece

This article summarizes "Gun crime: the Market in and Use of Illegal firearms", a Home Office study published in December 2006.

Report On Conceal and Carry: High Costs, No Benefit

Press Release
Citizens for a Safer Minnesota
March 1, 2007
http://tinyurl.com/2v8hom

"A report issued today by the Minnesota Bureau of Criminal Apprehension shows that the conceal and carry law of 2003/2005 has not delivered any benefit to public safety."


This newsletter is compiled with help from Dr. Rob S. Rice. For more on this tenacious, if well-motivated individual, see http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice is the original author of 'The Godzilla Care Sheet,' for which see: http://slacky.de/files/texte/humor/GodzillaControl.txt

Al Qaeda delenda est!


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