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Oct. 22, 2007, 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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Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington.

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

Table of Contents

  1. Law Review Articles By Kopel: Human Rights and Gun Confiscation; Dhimmitude and Disarmament; Self-Defense in Asian Religions
  2. Op-eds and Blog Entries by Kopel: Ron Paul; District of Columbia; Medellin and the 2nd Amendment; Burmese Gun Controls; Tomlinson Passes; Brady II
  3. International: Canada; Namibia; New Zealand; Switzerland; U.K.; U.N.
  4. Terrorism: Project Bore Snake; Soldiers' Self-Defense
  5. Parker/Heller/DC: Responses to the Appeal; Plaintiffs' Lawyers Blog and Debate; Opinions on the Case and Appeal; D.C. Appeal Lawyers Research Tool
  6. Politics: Thompson on NYC Gun Suits; Yet Another NRA 'Substitute;' MLK Anti-Gun Rally
  7. Self-Defense at Schools: Armed Principals; Armed Teacher; Armed Students; Virginia Tech Report
  8. Culture: American Airlines Gun Ban; U.S. Churches Invite Foreign Intervention; Boy Suspended for Sketching Gun; Jodie Foster; State of Shooting Sports; Smith & Wesson
  9. The States: California; Massachusetts; Missouri; New Jersey
  10. Law: Judge voids OK Law on Guns in Cars; Moscow Idaho Can't Ban; Indiana Lawsuits; Toledo Appeals Ruling
  11. Research: World Small Arms Possession; CramerDefense Blog; Non-State Armed Groups Project; IACP Report; Yale Cultural Risk Toleration Study

New by Kopel

Law Review Articles

"Human Rights and Gun Confiscation"

With Paul Gallant & Joanne D. Eisen
26 Quinnipiac Law Review (no. 2, 2008, forthcoming)
September 28, 2007
PDF files require Adobe Acrobat Reader or similar software.

Examines human rights abuses in gun confiscation programs in Kenya and Uganda, and in South Africa's quasi-confiscatory licensing law. Also provides the most complete collection ever presented of international survey data about why people in various countries own guns.

Dhimmitude and Disarmament

18 George Mason University Civil Rights Law Journal (forthcoming 2008)
August 21, 2007
PDF files require Adobe Acrobat Reader or similar software.

Under Islamic law, Christians and Jews were disarmed and forbidden to fight back against attackers. In modern American universities, the pretend "gun-free" zones likewise ensure that victims will be defenseless against murderous attackers.

Self-defense in Asian Religions

Liberty Law Review 79 (2007 forthcoming)
October 9, 2007
PDF files require Adobe Acrobat Reader or similar software.

Final version of this article now available on the web. The article surveys the six major religions of East Asia, and finds that they have a great deal in common with Western religions, regarding the legitimacy of forceful self-defense, and of revolution against tyranny.

Op-eds and Blog Entries

Ron's Revolution: Could Dr. Paul really surprise us all?

National Review Online
October 9, 2007

Ron Paul's appearance at the Gun Rights Policy Conference demonstrates the strength of the Constitution-in-exile movement.

A Capital Crime

America's 1st Freedom
September 2007
PDF files require Adobe Acrobat Reader or similar software.

The District of Columbia's institutionalized history of incompetence, corruption and bigotry is the very reason for its prohibition of Second Amendment rights�—and for its status as the murder capital of the United States.

Medellin and the Second Amendment

The Volokh Conspiracy
October 10, 2007

The Bush administration argues to the Supreme Court that a President can issue orders requiring the execution of a treaty which by its own terms is expressly not self-executing. The argument has profound dangers for the Second Amendment.

Burma Gun Controls

The Volokh Conspiracy
October 4, 2007

Some background facts about guns and gun control in Burma

The Right to Arms in the DC(!) Constitution

The Volokh Conspiracy
September 25, 2007

Washington, D.C., has created a state constitution, in case the District is granted statehood. The "New Columbia" consitution copies the federal Second Amendment, and thereby undercuts the District's silly claim that the Second Amendment is not an invididual right.

David A. Tomlinson, R.I.P.

The Volokh Conspiracy
September 21, 2007

A tribute to the leader of Canada's right to arms movement, with links to additional material

Brady II: The Objectives of the Gun Control Lobby

The Volokh Conspiracy
September 21, 2007

The extremist legislation which the anti-gun lobby intended to make into the follow-up to the Brady Bill

Significant Developments in DC Case on Handgun and Self-Defense Bans

The Volokh Conspiracy
September 16, 2007

The DC's cert. petition indicates that the District may be giving up on convincing the Supreme Court that the Second Amendment is not an individual right.



Here Comes the Knife Registry

National Post (Canada)
October 13, 2007

Quebec's 'National Assembly' is considering another round of gun control measures in response to last year's campus shooting at Dawson's College.


Chile Takes Gun Control, Anti-crime Measures

Xinhua News Agency
September 24, 2007

Chile's government announces measures to enforce gun control laws currently being disobeyed.


Government Wants Gun Ban

Brigitte Weidlich
The Namibian
September 27, 2007

"In a ministerial statement, Peter Tsheehama, who is the Minister of Safety and Security, told the National Assembly on Tuesday that one of the proposed amendments would be to prohibit the sale of small firearms and light weapons 'to individual, natural persons.' "

New Zealand

Self Defence Laws Need Scrutiny

Press Release
New Zealand First Party
October 10, 2007

"New Zealand First law & order spokesperson Ron Mark today called for New Zealand's self-defence laws to be re-defined after questioning the sentence given to a victim who defended himself against a gang of thugs."


Soldiers Can Keep Guns at Home but not Ammo

September 27, 2007

Traditionally, the Swiss Army issued 50 rounds of ammunition with the rifle each Swiss infantryman stored ready at his home. Only 2000 'special service' troops can continue to keep the ammunition at home, the rest must now be turned in and stored at central arsenals.

United Kingdom

New Laws to Protect Have-a-go Home Owners

Robert Winnett
The Daily Telegraph (UK)
September 27, 2007

The British Interior Minister announced legislation intended to render those who 'had a go' at intruders or robbers less vulnerable to prosecution in the British courts.

New Laws on Gun and Knife Violence Enter Force

Reuters News (UK)
September 27, 2007

"The legislation cracks down on the manufacture and sale of imitation guns, doubles the maximum sentence for carrying an imitation firearm and criminalises the sale of a knife to a person aged under the age of 18."

Ban on Airguns Won't Work, Insist Critics

Hamish MacDonnell
Scotsman.com News
August 28, 2007

"Ministers insisted last night they would pursue plans for a Scotland-wide ban on all air weapons despite condemnation from airgun enthusiasts and a warning from a senior police officer a ban would not prevent future tragedies. The SNP administration wants to ban all air weapons in Scotland and has started negotiations with the UK government to find ways of bringing this about."

UK Gun Crimes Soar After Gun Ban

August 26, 2007

"Gun crimes in England have almost doubled since 1997, when a ban on firearms began. According to the Sunday Times of London, crimes in which guns were used numbered 4,671 in 2005-06. Also, government officials report that most gun crime is committed by children and teenagers under 18 years old."

Wouldn't You Feel Safer with a Gun?

Richard Munday
The Times
September 8, 2007

"It is perhaps a privilege of those who have never had to confront violence to disparage the power to resist."

The U.N.

Senate Votes to Address U.N. Gun Ban Crusade

Press Release
The National Rifle Association Institute for Legislative Action
September 7, 2007

"By an overwhelming 81-10 vote, the Senate passed Sen. Vitter's amendment to prevent any funding to foreign organizations that infringe upon the Second Amendment rights of lawful American citizens."

Does the United Nations Advance the Cause of Freedom?

John R. Bolton
Margaret Thatcher Freedom Lecture at the Heritage Foundation
September 6, 2007

Former U.S. Ambassador to the United Nations Bolton offers his tremendously informed answer to the question. Streaming http://multimedia.heritage.org/mp3/Allison-090607a.m3u and downloadable MP3 http://multimedia.heritage.org/mp3/Allison-090607a.mp3 audio of his speech are available at this site.


California Family Ships Gun Cleaning Tool to Troops

Denny Boyles
The Fresno (CA) Bee
August 8, 2007

"Project Bore Snake, run by the Kochheiser family, is a home-based effort that -- with contributions from people all over the country -- ships Bore Snakes, a cleaning tool that many say makes it easier for soldiers fighting in the desert to keep their gun barrels clear and ready to fire."

Denying self-defense to GIs in Iraq

Kyndra Rotunda
The Christian Science Monitor
March 2, 2007

"It is one thing to say that a soldier should not fire wantonly or without cause, but it is quite another to say that soldiers may not defend themselves when facing an imminent threat of death or serious injury." The author is a Judge Advocate General's law officer, and a professor at George Mason University Law School.


Plaintff's response to Cert. Petition

Alan Gura, Robert A. Levy, and Clark M. Neilly III
Supreme Court of the United States, No. 07-290
October 4, 2007
PDF files require Adobe Acrobat Reader or similar software.

Here is the respondents' brief in the District of Columbia's appeal of the Parker decision to the Supreme Court, containing their view that the 2nd Amendment does indeed protect an individual right to bear arms in self-defense.

Just Stand There While I Die

David Freddoso
National Review Online
October 10, 2007

The D.C. government has that right, and exercises it frequently.

D.C. GunCase.Com

Alan Gura, Robert A. Levy, and Clark M. Neilly III
Gura & Possessky, P.L.L.C.


The Parker cases's Plaintiffs attorneys' weblog provides updates as part of a site containing all court decicions and documents from the ongoing case.

Parker v. District of Columbia: DC Gun Ban Case

Alan Gura, Robert A. Levy, Clark M. Neilly, Saul Cornell, Glenn Reynolds, Dennis Henigan, and Joshua Horwitz
The Federalist Society Online Debate Series
August 31, 2007

Here is an online exchange of views between the Parker v. District of Columbia plaintff's lawyers and Ohio State University Professor Saul Cornell; University of Tennessee Law Professor Glenn Reynolds; Dennis Henigan of the Brady Center; and Joshua Horwitz of the Coalition to Stop Gun Violence.

D.C.'s Flawed Reasoning

John R. Lott Jr
The Washington Times
September 7, 2007

"In asking the Supreme Court to let the District of Columbia ban handguns, the city has a simple argument: Whatever one thinks of the Second Amendment, banning handguns is a 'reasonable regulation' to protect public safety. The problem for the city is that anyone who can look up the crime numbers will see that D.C.'s violent crime rate went up, not down, after the ban."

Gun Rights Groups, Other Cities Wary of DC Appeal on Handgun Ban

Stephen Manning
Associated Press (DC)
October 4, 2007

"Helmke, of the Brady Campaign, said the group suggested to Washington that it rework its gun laws rather than press on with an appeal. A broad Supreme Court ruling on the Second Amendment could jeopardize a variety of laws, including waiting periods for handgun sales and California's machine gun ban, he said."

Police Reviving Program To Recover Illegal Guns

Clarence Williams
The Washington Post
October 12, 2007

"Police Chief Cathy L. Lanier and other law enforcement officials hope it will get hundreds of guns off city streets, curb violent crime and lead to more prosecutions of gun cases."

Top Supreme Court Law Firm Uses New Online Constitutional Source Library

LawFuel: The Legal Newswire
August 8, 2007

"Akin Gump Strauss Hauer & Feld, a leading law firm, is using the collection of founding documents compiled on ConSource, the first comprehensive online collection of Constitution-related source materials, to research and present the District of Columbia's position that the District's handgun ban withstands Constitutional scrutiny."


A New York State of Mind

Fred Thompson
Fred File: The Friends of Fred Thompson Blog
August 21, 2007

Senator Thompson expresses his dislike of judicial efforts against the firearms industry begun during the mayorship of leading GOP contender, Rudy Giuliani.

NRA 'Alternative' Formed

Dave Henderson
The Ithaca Journal
August 9, 2007

"The newly formed Union Sportsmen's Alliance (USA) offers union members an 'alternative' to the NRA. The group claims the NRA is anti-union and that the NRA opposes political candidates that labor unions endorse."

Gun Opponents Rally on MLK Anniversary

Nathan Burchfiel
Cybercast News Service
August 29, 2007

"Opponents of gun rights on Tuesday, the anniversary of Martin Luther King Jr.'s historic 'I have a dream speech,' rallied against gun stores in cities across the nation and urged more government action against firearms dealers.

Self-Defense at Schools

Proposal for Weapons in Schools Strikes a Nerve

Ken Kolker
The Grand Rapids Press (MI)
September 12, 2007

A survey found as much as one-third of Michigan's high and middle-school principals in favor of teachers carrying guns.

Teacher Says She will Carry Handgun

Peter Sleeth
The Oregonian (Portland, OR)
October 12, 2007

"A high school English teacher told a state court Thursday that she would begin packing a pistol to class by the end of the month, while a school district attorney warned that if a judge let her, Oregon schools could become 'armed camps.' "

Students Push for Guns on Campus

Zinie Chen Sampson
The Washington Times
August 13, 2007

"Andrew Dysart, a George Mason University senior, organized a chapter of Students for Concealed Carry on Campus, which hopes to persuade legislators to overturn a Virginia law that allows universities to prohibit students, faculty and staff members with gun permits from carrying their weapons onto campus."

Report of the Virginia Tech Review Panel

Official Site of the Governor of Virginia
August 27, 2007

"VI-5 The Virginia General Assembly should adopt legislation in the 2008 session clearly establishing the right of every institution of higher education in the Commonwealth to regulate the possession of firearms on campus if it so desires. The panel recommends that guns be banned on campus grounds and in buildings unless mandated by law."


SCI, NRA Help Overturn Firearms Transport Policy

Press Release
Safari Club International
September 28, 2007

Working together, the NRA and the Safari Club have persuaded American Airlines to modify its ban on the transport of firearms to Europe and Asia. This article contains additional references.

Plea to world churches on overcoming US gun culture

Ecumenical News International
September 26, 2007

"A US Christian leader has asked a World Council of Churches peacemaking team visiting the United States for assistance to rid his country of the "scourge" of gun violence writes Chris Herlinger. 'We need your help,' the Rev Michael Livingston, president of the US National Council of Churches, told the group at a meeting in Washington DC during the team's 15-23 September 2007 visit. 'We need your help to turn around this terrible situation we have.'

Chandler Boy Suspended for Sketching Gun

David Biscobing
East Valley Tribune (Phoenix, AZ)
August 21, 2007

"An East Valley eighth-grader was suspended this week after he turned in homework with a sketch that school officials said resembled a gun and posed a threat to his classmates."

Renowned Oscar-Winning Actress Makes Case For Common-Sense Gun Laws

Press Release
The Brady Campaign
August 20, 2007

Jodie Foster's latest movie, 'The Brave One' features a gun-toting female vigilante and has earned $36,056,429 as of this writing. The Brady Campaign here relays Foster's plea for 'common sense' gun control.

Gunsmith Numbers Declining in What May be "Dying Art"

The Associated Press
August 12, 2007

This article uses anecdotal evidence from Minot, North Dakota, to posit a decline in shooters and technicians who support them.

Smith & Wesson: Armed and Prosperous

Melanie Lindner
September 9, 2007

"On Thursday, the company reported record earnings of $74.4 million for the quarter ending July 31, and raised its guidance for the remainder of the 2007 fiscal year. Analysts attributed the gun maker's recent success to its product line expansion."

The States


Governor of California Betrays Law-Abiding Gun Owners, Retailers and Hunters

Press Release
National Shooting Sports Foundation
October 14, 2007

Governor Arnold Scwarzeneggar has signed legislation requiring microstamping by semi-automatic pistols sold in his state, and forbidding the use of lead ammunition in large areas of the state's hunting country.

Corruption in California, And Why Liberals Won't Fix It

Clayton Cramer
Clayton Cramer's Blog
August 10, 2007

The historian and advocate argues that California's system of 'discretionary carry' in the issuance of firearms permits has its origins in an effort to disarm the Hispanic population. He also finds instances of where permits were used as political payoffs by California officials.

Pistol Micro-Stamping Becomes Law in California

Accurate Shooter.Com Bulletin
October 15, 2007

"On October 13th, California Gov. Swarzenegger signed a bill requiring that all semi-automatic pistols sold in California have internal parts that 'micro-stamp' shell casings with identifying codes." The article discusses the shortcomings and ramifications of the new law.


Gun permits drop 25% in Bay State

Matt Carroll
Boston Globe
August 12, 2007

"The number of licensed gun owners in Massachusetts has declined by more than a quarter in the past six years, a falloff driven by restrictive laws, higher licensing fees, and cultural change, according to police officers and gun owners."


New Law Eliminates Waiting Period For Gun In Missouri

Teresa Woodard
My FOX St. Louis
August 28, 2007

"A new Missouri law makes it faster and easier than ever to get a gun."

New Jersey

In Wake of DSU Murders, Corzine Pledges Tougher Gun Laws

Adam L. Cataldo
Bloomberg News
August 10, 2007

In the wake of the shootings of four high school students in Newark, New Jersey governor Jon Corzine pledged to introduce a package of tougher gun control laws.


Gunshot Survivors Lead Anti-violence Rally in Philly

Kathy Matheson
Associated Press
October 16, 2007

"Dozens of anti-violence marchers, led by gunshot survivors in wheelchairs, rallied for stricter firearms laws today."


Employers Can Forbid Guns, a Judge Rules

David Harper
Tulsa (Oklahoma) World Herald
October 6, 2007

"Kern said the amendments 'criminally prohibit an effective method of reducing gun-related workplace injuries and cannot co-exist with federal obligations and objectives.'

Judge Nixes Oklahoma's Guns-in-Locked-Cars Law

Susan Jones
Cybercast News Service
October 10, 2007

"Kern said the law (a series of amendments to the Oklahoma Firearms Act and the Oklahoma Self-Defense Act) conflicted with the federal Occupational Health and Safety Act, which is intended to protect employees in the workplace."

Moscow Can't Enforce Gun Ban

Associated Press (ID)
September 20, 2007

"The state attorney general's office has told the city of Moscow that it doesn't have the legal authority to enforce a gun ban."

Appellate Court Hears Gun Case

Patrick Guinane
The Times (Munster, IN)
October 2, 2007

"The three-judge appellate panel appeared to take umbrage at the industry's assertion that the federal Protection of Lawful Commerce in Arms Act that Congress approved in 2005 prohibits Indiana courts from moving ahead with the Gary lawsuit."

Clyde Wins Bid to Hear Appeal of City Gun Law

Jim Provance
The Blade (Toledo, OH)
September 27, 2007

The Ohio State Supreme Court has agreed to hear the city of Clyde's appeal of an April ruling striking down its ordinance prohibiting the carrying of firearms in public parks.


Global Study Says Civilians Now Holding 650 Million Small Arms

Associated Press
August 28, 2007

"Civilians now have access to 650 million small arms – from handguns to semiautomatic rifles – an arsenal that far outstrips that held by police forces and the militaries worldwide, according to a report released Tuesday."

The Media Assault on the Second Amendment

David Niedrauer
Eye on Culture, v. 1 Issue 11
August 27, 2007
PDF files require Adobe Acrobat Reader or similar software.

Here are the results of a Culture and Media Institute study on the dominant mass media's coverage of issues relating to the right to keep and bear arms.

Civilian Gun Self Defense Blog

Clayton Cramer, Pete Drum, and "DaveLoneRanger"


"Where Clayton Cramer, Pete Drum, and 'DaveLoneRanger' keep track of civilians using guns in self-defense." The underlying idea behind the blog's compilation is to garner evidence for scholarly debate, but the site also has definite utility for self-defense training and education.

The Transnational and Non-State Armed Groups Project

Program on Humanitarian Policy and Conflict Research
Harvard University


"The project aims to examine analytically the place of non-state armed groups within the context of armed conflict, and to identify strategic options as to the legal and policy implications of the contemporary role of these actors."

Taking a Stand: Reducing Gun Violence in Our Communities: A report from the International Association of Chiefs of Police's 2007 Great Lakes Summit on Gun Violence

The International Association of Chiefs of Police and the Joyce Foundation
September 17, 2007

The report recommends reducing the availibility and lethality of privately-owned firearms.

Second National Risk & Culture Study

The Cultural Cognition Project
Yale University


"The Second National Risk and Culture Study reports the results of studies conducted as part of the Mechanisms of Cultural Cognition Project, funded by the National Science Foundation and the Oscar M. Ruebhausen Fund at Yale Law School. Studies were conducted over a nine month period and involved a diverse sample of some 5,000 Americans."

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this assiduous, yet forthright individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice's novel is generating rave reviews and abysmal sales, see http://tinyurl.com/yq5sxl

Al Qaeda delenda est!


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