About once a month, Dave
Kopel produces a free e-mail Newsletter containing short
summaries and links to important new research and writing
involving the Second Amendment and firearms policy. The
newsletter also reports on Kopel's latest writing.
The content of this newsletter is produced by the Second
Amendment Project at the Independence Institute, a think
tank in Golden, Colorado. The newsletter is electronically
distributed by the Second Amendment Foundation in Bellevue, Washington. Thus,
the Second Amendment Foundation will be given your e-mail
address.
Archive
of past issues.
=========================================================
Dave Kopel's Second Amendment Newsletter
February 1, 2006
Dave Kopel's Second Amendment Project is based at the Independence Institute,
a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org
Delivery of this newsletter comes courtesy of the Second Amendment Foundation,
in Bellevue, Washington.
http://www.saf.org
Please visit Dave Kopel's website, containing articles on the Second Amendment
and other freedom topics.
http://www.davekopel.org
To subscribe to this free e-mail newsletter, please send a request to:
kopelnewsletter@liberty.seanet.com
Table of Contents
-
Independence Institute in the Supreme Court
-
New by Kopel: NPR on ‘Machine Gun’ Alito; Self Defense
in Asian Religions; Alvin York; Canadian International Gun Control
- Blogging by Kopel: British Gun Ban Anomalies; the Canadian Election; David
Letterman; the Sudan; the Brady Bill
-
Culture and Policy: The 2nd Amendment; Psychological
Stress on the Disarmed
-
Firearms manufacture: Barrett; Winchester; SA80; Squirt
Gun Control
- International: Canada votes out Liberals; handgun prohibition will not go
forward. Italy re-legalizes self-defense; Japanese arms policy; Serbian gun
control; South African bureaucracy; British crime and personal safety;
Trial-less sentencing; UN and ‘Small-Arms Control’; Zimbabwe
-
BATFE: National Firearms Registration and Transfer
Record
-
Courts: 9th Circuit; San Francisco Sued; Canadian
Supreme Court
-
Politics: Bloomberg’s Inaugural Address; Retailers’
Reaction; Registration at Gunshops
-
Self-Defense: McDonald’s Worker Suspended; Mississippi
Considers New Standards; Armed Principals; Brady Campaign Warns Wyoming
-
Concealed Carry: Delaware; Kansas; Wisconsin Veto
Override
-
Research: Fake ID's Foil Brady Checks
=========================================================
Independence Institute in the Supreme Court
Amicus Brief No. 04-1581
Robert F. Bauer, Karl J. Sandstrom, et, al.
The Supreme Court of the United States
November 14, 2005
http://www.moresoftmoneyhardlaw.com/clientfiles/WRTL%20Amicus%20brief.pdf
PDF files require Adobe Acrobat Reader or similiar software.
The Independence Institute and 34 other non-profit
organizations have filed an amicus brief in the January Supreme Court case
of Wisconsin Right to Life v. Federal Election Commission. The brief
argues that the censorship provisions of the McCain-Feingold law cannot
constitutionally be applied to public charities, including the 35 amici.
===================================================
New by Kopel
NPR on Alito and Machine Guns:
All Things Considered
National Public Radio
November 11, 2005
http://www.npr.org/templates/story/story.php?storyId=5009568
The November 11 edition of NPR's "All Things Considered"
features a segment on Judge Alito's decision in Rybar, in which Alito
followed the Supreme Court's Lopez precedent to write that a federal ban
on machine gun possession was not a valid exercise of the federal power to
regulate interstate commerce. Guests on the program were Eugene Volokh,
Kristin Rand of the Violence Policy Center, Erwin Chemerinsky of Duke Law
School, and me.Self-defense in Asian Religions
Journal on Firearms and Public Policy
Volume 18, 2006, forthcoming.
http://www.davekopel.com/Religion/Self-defense-in-Asian-religions.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Dave explores the teaching of six Eastern religions on the
subject of personal self-defense. He has previously explored the beliefs
of Christianity and Judaism on the same subject.
Sergeant York: Great Hero of the Great War
America's 1st Freedom
February, 2005
http://www.davekopel.com/2A/Mags/Sergeant-York.pdf
PDF files require Adobe Acrobat Reader or similiar software.
A short description of the civilian marksman who became
one of America’s most celebrated military heroes. Cana-cerous
America's 1st Freedom
December, 2005
http://www.davekopel.com/2A/Foreign/Cana-cerous.pdf
PDF files require Adobe Acrobat Reader or similiar software.
After a decade of failure, Canada is taking steps to
infect the rest of the world with its costly gun-banning schemes.
=========================================================
Blogging by Kopel
British Gun Controls -- and the Quasi-independence of
Some Small Islands
The Volokh Conspiracy
January 24, 2006
http://volokh.com/archives/archive_2006_01_22-2006_01_28.shtml#1138081517
Handguns are still legal in a few British islands—but hard
to transport through London’s airport.
Two Cheers for Paul Martin
The Volokh Conspiracy
January 23, 2006
http://volokh.com/archives/archive_2006_01_22-2006_01_28.shtml#1138081517
This is Dave’s initial take on the recent sea change in
Canadian politics.
Canadian Election Poll
The Volokh Conspiracy
January 3, 2006
http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1136791082
Canada’s abortive handgun registry was a factor in their
Liberal party’s downfall.
Is it Illegal for David Letterman to Own a Gun?
The Volokh Conspiracy
December 20, 2005
http://www.volokh.com/archives/
archive_2005_12_18-2005_12_24.shtml#1135287496
David Letterman’s brief interval of being under a bogus
restraining order legally deprived him of his right to keep and bear arms.
Sudanese Genocide Gets Worse
The Volokh Conspiracy
December 8, 2005
http://www.volokh.com/archives/
archive_2005_12_18-2005_12_24.shtml#1135112144
The world is doing little to end the ongoing slaughter of
civilians in the Sudan.
Canadian Government to Ban Handguns:
The Volokh Conspiracy
December 8, 2005
http://volokh.com/archives/archive_2005_12_04-2005_12_10.shtml#1134020777
Part of the Canadian Liberal party’s efforts to stay in
power was a plan to ban civilian ownerships of nearly all handguns.
Brady Bill Anniversary
The Volokh Conspiracy
November 30, 2005
http://www.volokh.com/archives/archive_2005_11_27-2005_12_03.shtml#1133370338
Dave notes the gap between the claims for the law and the
actual results of its passage.
=========================================================
Culture and Policy
Gun rights and responsibilities
Tom Moncure
Editorial
Daily Press (VA)
December 20, 2005
http://fredericksburg.com/News/FLS/2005/122005/12062005/137382
Praise for Sanford Levinson’s The Embarrassing Second
Amendment.
Maybe There are Monsters under the Bed
‘Helen’
Dr. Helen: Commentary on Popular Culture and Society, from a (Mostly)
Psychological Perspective
December 13, 2005
http://drhelen.blogspot.com/2005/12/maybe-there-are-monsters-under-bed.html
British women are beginning to suffer mentally from justified fear of home
invasion robberies.
=========================================================
Firearms Manufacture
Barrett
With ‘Powerful Rifles Article, Journalist Shoots Herself
in the Foot
Michael Marks, Director of Legislative Affairs
Fifty Caliber Institute
November 29, 2005
http://www.barrettrifles.com/news/Michael Marks Rebuttal Piece.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Associated Press writer Rose French made many demonstrably
untrue assertions in her article about civilian .50 caliber writers.
The AP lied to (and about) Barrett Rifles
‘Say Uncle`
saysuncle.com
December 1, 2005
http://www.saysuncle.com/archives/2005/
12/01/the_ap_lied_to_barrett/
More on the Barrett Rifle Company’s efforts to counter the
misstatements of Rose French’s article.
=========================================================
Winchester
Winchester rifles are history
Jim Matthews
San Bernardino Sun (CA)
January 19, 2006
http://www.sbsun.com/sports/ci_3416400
Maker of Winchester rifles closes New Haven, Conn., plant.
Winchester plant closed
Damian J. Troise
New Haven Register (CT)
January 19, 2006
http://www.nhregister.com/site/news.cfm?
newsid=15948738&BRD=1281&PAG=461&dep
The company that purchased Winchester Repeating Arms has
closed the New Haven, Connecticut factory where the legendary rifles were
made for over a century.
=========================================================
Enfield Arsenal
Is the SA80 Rifle Worthless?
Harold C. Hutchison
The Strategy Page
December 28, 2005
http://www.strategypage.com/dls/articles/2005122813944.asp
There are controversies about the current British service
rifle, a common situation in the history of standardized arms.
=========================================================
Squirt Guns
Rep. Linda Chapa LaVia Seeks Statewide Ban on Water
Pistols
Press Release
Illinois State Rifle and Pistol Association
January 25, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59730
“Rep. Linda Chapa LaVia (D-Aurora) has co-sponsored a
measure that would ban the possession of everything from water pistols to
hunting rifles. The bill in question, HB4132, would ban the sale and
possession of so-called ‘replica weapons’ including anything that looks
even remotely like a firearm or other materiel produced for military
purposes.”
=========================================================
International
Worldwide
Gunning For the World
David Morton
Foreign Policy.
January/February 2006
http://yaleglobal.yale.edu/display.article?id=6801
The NRA has taken its struggle to preserve civilian
ownership of small arms to the International Community—with some success.
=========================================================
Canada
Statistics indicate gun control only increases crime
Editorial
Pierre Lemieux
Montreal Gazette (Canada)
January 22, 2006
http://www.pierrelemieux.org/artaubin.html
“Emotions, anecdotes, selective and poorly analyzed data,
ignorance of social-science research: this is what gun-control activists
have to offer.”
Clobbering Hobbies
Pierre Lemieux
The Western Standard
January 16, 2006, p. 22.
http://www.pierrelemieux.org/artwsmiller.html
“Mr. Miller blames some of the crimes that his police
can’t stop on the guns that “are stolen from gun owners in and around the
city.” The analysis of Toronto’s mayor is scathing.
Martin's proposed gun ban propels sales rise
Sarah Petrescu
Globeandmail.com
December 26, 2005
http://www.canadiancontent.net/forums/about10213.html
Outgoing Liberal Prime Minister Martin’s proposed handgun
ban emptied the shelves of Canadian gun stores.
‘Akimoya’
Bruce Mills
http://home.cogeco.ca/~akimoya/rfc/ban.liberals.html
http://home.cogeco.ca/~akimoya/rfc/handgun.ban.html
This Canadian civilian Firearms advocate has assembled
materials from the Liberal Party’s anti-gun advocacy and legislation.
Liberals' McLellan attacks NRA's intervention
The Canadian Press
December 5, 2005
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews
/20051203/elxn_mclellan_051205/20051205?s_name=election2006&no_ads=
Deputy Prime Minister Anne McLellan ordered the NRA to
stay well clear of her party’s efforts to stay in power.
=========================================================
Italy
Shooting a thief no longer a crime in Italy
Reuters
January 24, 2006
http://www.nzherald.co.nz/section/story.cfm?c_id=2&ObjectID=10365282
http://news.bbc.co.uk/2/hi/europe/4645228.stm
“The Italian parliament has passed legislation allowing
people to shoot robbers in self-defence.”
=========================================================
Japan
Japan's hidden arms trade
Robin Ballantyne
Japan Focus
November 29, 2005
http://www.japanfocus.org/article.asp?id=459
This article explores the gaps between official Japanese
government pronouncements about arms trading, including individual arms,
and the reality.
=========================================================
Serbia
Serbia's police chief announces tougher gun control
Associated Press
January 6, 2006
http://www.serbianna.com/news/2006/01022.html
“The interior minister pledged Wednesday to curb illegal
possession of weapons in the Serbian capital.”
=========================================================
South Africa
Red tape has gun owners up in arms
Graeme Hosken
Pretoria News (South Africa)
January 18, 2006
http://www.int.iol.co.za/index.php?set_id=1&click_id
=13&art_id=vn20060118071001672C731321
“Gun owners and traders have lashed out at government for
the new gun laws and lay blame for delays in renewal of firearm licences
and appeals for renewal of licences squarely at cabinet's door.”
=========================================================
United Kingdom
'If you value your life carry a weapon'
Jo Knowsley And Louisa Pritchard
The Daily Mail
January 15, 2006
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=374120&in_page_id=1770&ico=
Homepage&icl=TabModule&icc=News&ct=5
“Ordinary people should carry weapons if they want to be
safe on Britain's crime-ridden streets, the father of murdered lawyer Tom
Ap Rhys Pryce's fiancée said last night.”
To First U.S. Bobby, Unarmed Is Unsafe
Kevin Sullivan
The Washington Post
December 11, 2005
http://www.washingtonpost.com/wp-dyn/content/
article/2005/12/10/AR2005121001222.html?nav=rss_print/asection
“Former American policeman Ben Johnson is challenging the
British notion that the public is safer if law enforcement officers are
unarmed.”
Potato Guns for Kids
‘Helen’
Dr. Helen: Commentary on Popular Culture and Society, from a
(Mostly) Psychological Perspective
December 12, 2005
http://drhelen.blogspot.com/2005/12/potato-guns.html
The blogger’s pleasure in the toy from her youth is marred
when she is told that these particular ‘weapons’ are banned in the United
Kingdom.
Thieves no longer have to appear in court
Rachel Sylvester
news.telegraph.com
January 16, 2006
http://www.telegraph.co.uk/news/main.jhtml?xml=/
news/2006/01/16/ncrim16.xml&DCMP=EMC-new_16012006
“Defendants who plead guilty to offences such as
shoplifting, theft and criminal damage would have their punishment decided
by the prosecutor, in consultation with the police, instead of going to
court. Ministers believe that about half of the two million cases heard
annually by magistrates could be handled in that way.”
'Impossible' to give air gun teacher her job back
Jon Land
24Dash.com
January 23, 2006
http://www.24dash.com/content/news/viewNews.php?navID=48&newsID=2535
A British school board argued strongly that they could not
re-hire a fired school teacher who brandished an air gun at menacing
street toughs.
=========================================================
United Nations
The Infozone
News and Headlines
http://www.theinfozone.net/salw-news.html
The Infozone has updated on the UN Prepcom meetings on
disarmament and the Canadian election and the gun ban. This site collects
a lot of other firearms news.
Book Launch at United Nations: The Global Gun Epidemic
Press Release
Coalition for Gun Control
January 20, 2006
http://www.newswire.ca/en/releases/
archive/January2006/20/c4437.html
“Wendy Cukier President of the Coalition for Gun Control
and coordinator of Ryerson's Small Arms/Firearms Education and Research
Network is today attending a conference at the United Nations on the2001
Programme of Action on the Illicit Trade in Small Arms of All its Aspects.
Her new book - The Global Gun Epidemic: From Saturday Night Specials to
AK47's - will be launched at a session from 1:15 - 2:45 at the United
Nations in New York.
=========================================================
Zimbabwe
Inside the hidden links between American big-game hunters
and Zimbabwe’s Mugabe dictatorship
Joshua Hammer
Newsweek
January 13, 2006
http://www.msnbc.msn.com/id/10841107/site/newsweek/
This article alledges that some of Mugabe’s cronies are in
cahoots with American big-game hunters.
=========================================================
BATFE
CRS Memorandum on Issues Regarding Data Accuracy,
Completeness, and Reliability of the NFRTR
William J. Krouse
November 28, 2005
http://www.nfaoa.org/documents/CRSmemoNFRTR0001.pdf
PDF files require Adobe Acrobat Reader or similiar software.
This memorandum by is the most comprehensive and current
legislative and policy analysis of issues arising from questions about the
accuracy, completeness and reliability of the National Firearms
Registration and Transfer Record (NFRTR).
=========================================================Courts
Ninth Circuit Holds That Possession of an "Assault
Weapon" Isn't a "Crime of Violence"
Judge Alex Kozinksi
9th Circuit Court of Appeals
January 23, 2006
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/
98EB2B607B8CA618882570FF0050D9C2/$file/0410597.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Judge Kozinski's decision relied upon on statutory text,
precedent, action by other government bodies, and understanding of the
world.
SAF Sues to Overturn San Francisco Gun Ban
The Second Amendment Foundation
http://www.saf.org/
The California Court of Appeals has sent the suit filed by
SAF, NRA, and others, to the state Superior Court to decide. The Writ of
Mandate filed with the Superior Court, as well as the Writ of Mandate
filed with the Appeals Court is posted and can be downloaded in PDF format
at www.saf.org.
Judge Denies Firearms Industry Motion to Dismiss New York
City Case
Press Release
The National Shooting Sports Foundation
December 2, 2005
http://www.nssf.org/news/PR_idx.cfm?AoI=
generic&PRloc=common/PR/&PR=120505.cfm
A federal judge’s decision allowed New York City to
proceed with its lawsuit against firearms companies and will be
appealed—it arguably violates the new Protection of Lawful Commerce Act.
Philip Neil Wiles v. Her Majesty The Queen
Supreme Court of Canada
Citation: R. v. Wiles, 2005 SCC 84
December 22, 2005
http://www.lexum.umontreal.ca/csc-scc/
en/rec/html/2005scc084.wpd.html
The Canadian Supreme court dismissed Wiles’s appeal sthat
Canada’s prohibition of his ownership of firearms after marijuana-related
convictions was ‘cruel and unusual punishment.`
=========================================================
Politics
Inaugural Address
Michael Bloomberg, Mayor
City of New York
January 1, 2006
http://www.nyc.gov/
New York City Mayor Michael Bloomberg vowed in his
inaugural address to campaign nationally for stiffer gun control laws.
Mayor's Gun Talk Begets a Warning from Rifle Group
Julia Levy
The New York Sun
January 3, 2006
http://www.nysun.com/article/25187
Critics see Bloomberg’s comments as yet another attack on
law-abiding businesses and gun owners.
'If Maryland Felons Can Vote, Can They Also Own Guns'
Press Release
Citizens Committee for the Right to Keep and Bear Arms
January 24, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59703
“Maryland Delegate Salima Siler Marriott wants to restore
voting rights to convicted murderers, rapists and armed robbers, so would
she support legislation that restores gun rights to people convicted of
assorted crimes as well?”
A Voice for Retaliers
The National Shooting Sports Foundation
Bullet Points, Vol. 7 No. 3
January 16, 2006
http://www.galleryofguns.com/shootingtimes/
Articles/DisplayArticles.asp?id=7872
In an effort to strengthen the voices of law-abiding
firearms retailers in New York and New Jersey, two state organizations
affiliated with the National Association of Firearms Retailers (NAFR) have
formed.
NRA-backed measure survives
Jason Garcia
Orlando Sentinel (FL)
January 26, 2006
http://www.orlandosentinel.com/news/local/state/
orl-shooter2606jan26,0,786642.story?coll=orl-news-headlines-state
“A National Rifle Association-backed bill that would force
businesses that sell hunting and fishing licenses to help register
customers to vote cleared its first legislative hurdle Wednesday.”
=========================================================
Self-Defense
McDonald's worker suspended for shooting at robber
Associated Press (IN)
December 30, 2005
http://www.fortwayne.com/mld/newssentinel/news/local/13512771.htm
Bill backing deadly force nearer vote in House
Make my day bill
Taylor Bright
The Huntsville Times (AL)
January 22, 2006
http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/113792520264710.xml&coll=1
“The ‘make-my-day’ bill greatly broadening circumstances
when citizens' may use deadly force is headed for the Alabama House.”
Self-defense killing may expand legally
Matt Volz
Anchorage Daily News (AK)
January 20, 2006
http://www.adn.com/news/alaska/story/7375118p-7287134c.html
“The places where a person could justifiably kill in
self-defense would be expanded under a bill now working its way through
the legislative committee process.”
Bills give victims more right to use force
Nancy Badertscher, Sonji Jacobs
The Atlanta Journal-Constitution
January 23, 2006
http://www.ajc.com/metro/content/metro/stories/0123metlegshoot.html
“Republicans, Democrats and the National Rifle Association
are backing bills this session that would give people more leeway to use
deadly force to defend themselves and others from serious crimes, such as
robbery and rape.”
Senate OKs bill changing rules on deadly force
Associated Press (MS)
TheJacksonChannel.com
January 17, 2006
http://www.thejacksonchannel.com/news/6193061/detail.html
“The Mississippi Senate has approved a bill that would
change the state standards for civilians' use of deadly force.”
Guns-At-School Bill Questioned
Sally Maxwell
Sequoyah County Times (OK)
January 25, 2006
http://www.sequoyahcountytimes.com/
articles/2006/01/25/news/frontq.txt
House Bill 2075 would allow school superintendents and
principals with a valid conceal-carry permit to carry firearms on school
property as long as they have approval from a majority of their school
boards.
A New Approach to Law and Order for Wyoming
Press Release
The Brady Campaign
January 25, 2006
http://releases.usnewswire.com/GetRelease.asp?id=59725
The Brady Campaign expresses its grave concerns about
legislation pending in Wyoming to broaden the circumstances in which
citizens of that state may defend themselves with deadly force.
=========================================================
Concealed Carry
A push for looser gun laws: Delaware considers plan to
make concealed weapons easier to carry
J. L. MillerM
The News Journal (DE)
January 15, 2006
http://www.delawareonline.com/apps/pbcs.dll/
article?AID=/20060115/NEWS/60115005/-1/NEWS01
There is debate in Delaware about joining the states
across the Union which have established uniform standards for legal
concealed carry.
Concealed guns issue back before lawmakers
Carl Manning
Associated Press (KS)
January 20, 2006
http://www.kansas.com/mld/kansas/news/state/13674488.htm
“The issue of whether Kansans should be allowed to legally
carry concealed guns is back in play with legislators.”
Governor vetoes bill on concealed weapons: Override
attempt faces uncertainty in state Assembly
Patrick Marley
Milwaukee Journal Sentinel (WI)
January 21, 2006
http://www.jsonline.com/news/state/jan06/386668.asp
The vote of the Wisconsin state Assembly to join the
Senate in overriding the governor’s veto of concealed carry reform
legislation has been re-scheduled to February 2nd. (Update: The veto was
upheld after two Democrats switched their votes.)
=========================================================Research
Fake ID's Foil Brady Checks
The Government Accounting Office
December 16, 2005
http://usgovinfo.about.com/library/weekly/aa032801a.htm
http://www.democrats.reform.house.gov/Documents/
20040608093000-01743.pdf
PDF files require Adobe Acrobat Reader or similiar software.
A team of Congressional special agents was able to bypass
Brady Act background checks and successfully purchase firearms using fake
IDs in all five states where they tried, according to a March 19, 2001
GAO. The report itself is still not
officially available electronically, but can be obtained at:
http://www.democrats.reform.house.gov/Documents/
20040608093000-01743.pdf
=========================================================
This newsletter is compiled with help from Dr. Rob S.
Rice, who had a long and difficult battle establishing the procedures
needed to convert to this new format. Dr. Rice is also a poet, novelist,
and factotum of matters electronic to Dave Kopel.
