Dave Kopel's Second Amendment Newsletter
March 13, 2006
Dave Kopel's Second Amendment Project is based at the
IndependenceInstitute,
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
This email was sent to
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
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Table of Contents
New by Kopel: Sergeant York, Hero of the Great War
Blogging by Kopel: ; Doctors and Guns; Newark Airport; 'Stand
Your Ground' Laws ; UN 'Human Rights'; Texas Primary, BATF
Culture and Policy: Paul Gallant on 'Never Again.'
International:
Self Defense: Alabama, Iowa, Kansas, Kentucky, Oklahoma, South
Dakota, Texas, Utah, Virginia, National
Federal: The Brady's on the Vice President's Mishap, BATFE
testifies before the House.
Courts: Nagin and New Orleans; San Francisco Sued; Scalia on
Hunting and International Influence on Decisions, Kentucky
Constitution, Pennsylvania Privacy, Virginia Skeet
Research: Gun Prevalence and Homicide, Guns and Road Rage,
Trusting Crime Labs, Firearms Statistics for Scriptwriters,
Michael Moore Hates America on DVD.
Consumer Awareness: Mail Boxes, Etc., spurns firearms shipments
Culture: Pro Second Amendment Committee, Feminist take on Right
to Carry
New by Kopel:
Sergeant York. Great Hero of the Great War.
America's First Freedom
February, 2006
http://www.davekopel.com/2A/Mags/Sergeant-York.pdf
PDF files require Adobe Acrobat Reader or similiar software.
Dave describes the conscientious objector who earned the Medal of
Honor by virtue of his superior marksmanship and courage in the
course of America's involvement in the First World War. Alvin
York is one of the great exemplars of the utility of civilian
marksmanship in time of war.
Blogging by Kopel
Doctors and Guns
The Volokh Conspiracy
February 28, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_
04.shtml#1141159376
Dave clarifies some concerns about a bill punishing doctors who
inquire about a patient's firearms ownership when it is not
directly relevant to the case at hand.
Newark Airport Sued for Abuse of Person Lawfully Transporting a
Firearm:
The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_
04.shtml#1141080752
Newark International Airport arranged for the arrest of a man for
violation of New Jersey state law regarding a firearm in his
position. He had carefully obeyed all Federal laws about legally
transporting a firearm in transit, which trump local
restrictions. The NRA's state affiliate is suing.
Proliferation of "Stand your ground" laws
The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_
04.shtml#1141019249
More and more states are considering legislation removing an
'obligation to retreat' on the part of a citizen criminally
confronted in public.
The Proposed UN Human Rights Council: The Cure is worse than the
Disease
The Volokh Conspiracy
February 27, 2006
http://www.volokh.com/archives/archive_2006_02_26-2006_03_
04.shtml#1141017375
http://www.eyeontheun.org/
Dave cites a Canadian site, 'Eye on the UN' that monitors the
potential impact of the UN's actions upon the lives of the
world's citizens. 'Eye on the UN' may be accessed here:
http://www.eyeontheun.org/
BATFE Director now needs Senate Confirmation
The Volokh Conspiracy
March 8, 2006
http://www.volokh.com/archives/archive_2006_03_05-2006_03_
11.shtml#1141868795
"...the Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosive now requires Senate confirmation of his or her
appointment... it makes sense for the head of any major federal
law enforcement agency to be subject to the checks and balances
of Senate confirmation. "
Texas Primary Results and the Right to Arms
The Volokh Conspiracy
March 8, 2006
http://www.volokh.com/archives/archive_2006_03_05-2006_03_
11.shtml#1141839890
The recent Texas primary resulted in a major win for Second
Amendment supporters at the Congressional level, with mixed
results in state legislative races.
Culture and Policy
Being serious: 'Never again'
Paul Gallant
The Journal News (White Plains, NY)
January 29, 2006
http://www.galleryofguns.com/shootingTimes/Articles/DisplayArticl
es.asp?ID=7929
Paul Gallant, a co-author of Dave's, and also at the Independence
Institute, points out that peace-keeping troops are not as
effective in preventing genocide as would be an armed population
of putative victims.
International
Australia
PM shuns US 'slavish love of guns'
National (Australia) 9 News
AAP
March 1, 2006
http://news.ninemsn.com.au/article.aspx?id=89123
Australian r Prime Minister John Howard says he tightened gun
laws after the Port Arthur massacre because he did not want
Australia going down the same path as the United States. " And
one of the things I don't admire about America is their ...
slavish love of guns. They're evil."
Canada
Tory plan to kill long gun registry going strong
News Staff
CTV.ca
Feb. 26, 2006
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060226/day_
registry_060226/20060226?hub=Canada
Canada's new minister of public safety says the government has no
plans to back off on its intention to scrap the controversial
long gun registry.
Orders in Council
Privy Council
Canadian Government
March 12, 2006
http://www.pco-bcp.gc.ca/oic-ddc/oic-ddc.asp?
LANG=EN&TXTOICID=&TXTFROMDATE=&TXTTODATE=&TXTPRECIS=FIREARMS&TXTD
EPARTMENT=&CBODEPARTMENT=&TXTACT=&TXTCHAPTERNO=&TXTCHAPTERYEAR=&T
XTBILLNO=&RDOCOMINGINTOFORCE=&DOSEARCH=SEARCH+%2F+LIST&page=1
Here is a list of over one hundred firearms related Orders in
Council passed by Canada's ministers since 1990
Status Of Provisions And Regulations Under The Firearms Act,
Ability to Change Measures by Order-in-Council and Requirement to
Table Regulations
Parliamentary Information and Research Service
Government of Canada
February 24, 2006
http://www.garrybreitkreuz.com/publications/2006_new/49.doc
'Not to be Published.' Canadian member of Parliament allows the
world a look at the current official situation regarding the
provisions and enforcement of the Canada's Firearms Act.
United Kingdom
Americans see less crime than Britons, Canadians
Jennifer Harper
The Washington Times
February 9, 2006
http://washingtontimes.com/national/20060209-121824-9843r.htm
"The impact of crime is lower in the U.S. than in Britain, and in
many cases Canada."
Dunblane's 'Pro Gun' Book Sparks Fury
Jim McBeth
The Sunday Times: Scotland
March 5, 2006
http://www.timesonline.co.uk/article/0,,2090-2070883,00.html
"Parents whose children died in Dunblane have condemned the
publication on the 10th anniversary of the killings of a book
funded by pro-gun campaigners that challenges the firearms ban
introduced in the wake of the tragedy."
India
Guns from North sell like hot cakes
Paul John and Sourav Mukherjee
The Times of India
February 10, 2006
http://timesofindia.indiatimes.com/articleshow/1410222.cms
"Police sources say that certain pockets like Dungarpur in Madhya
Pradesh and Etawah support an illegal-firearms manufacturing
industry. "
Iraq
Guns in demand as Iraqis seek protection
Omar al-Ibadi
Reuters News Service
March 5, 2006
http://www.alertnet.org/thenews/newsdesk/IBO546927.htm
Iraqi civilians are seeing to their own protection during
upsurges in violence as the country struggles toward democracy.
The U.N.
CASA Pilot Website
The Coordinating Action on Small Arms Mechanism
Website
December, 2005
http://disarmament2.un.org/casa/casaindex.html
The UN Agency on small arms (CASA) has established its pilot
website. The fact that 16 UN bodies have a coordinated effort on
small arms is significant. Of particular interest is the
"Strategic Framework" and event calendar.
March 2006: Small Arms
Security Council Report
Columbia University's Center on International Organization
March, 2006
The Security Council Report is a non-UN organization founded and
maintained with the encouragement of the Secretary General. This
page collects sources used for the Secretary General's report on
the "problem" of small arms, pending an official report on taking
UN action to solve it.
Self Defense
Going Postal in Gun-Free Zones
Donald R. May
townhall.com
February 6, 2006
http://www.townhall.com/opinion/columns/donaldr.may/2006/02/06/18
5303.html
The author of this opinion piece notes that the laws designed to
protect those within the boundaries of post offices and schools
have acted to make those same people more vulnerable to law-
ignoring mass killers.
Alabama
House Compromises on Use of Deadly Force
Associated Press
The Decatur (Alabama) Press
February 22, 2006
http://www.decaturdaily.com/decaturdaily/news/060222/force.shtml
"The Alabama House voted Tuesday to expand the instances when a
person can use deadly force to protect his or her home or
automobile."
Iowa
Concealed Weapons Permits: Bill allows appeal process for those
being denied
Tracey Lamm
Fort Madison (Iowa) Daily Democrat
March 6, 2006
http://www.dailydem.com/articles/2006/03/06/news/news1.txt
"A bill was approved by the Iowa House Public Safety Committee
last week that implements a formal appeals process for Iowa
citizens who seek but are denied a concealed weapons permit."
Kansas
Senate's Gun Vote can Withstand Veto
Chris Moon
Topeka (Kansas) Capital Journal
February 10, 2006
http://209.157.64.201/focus/f-news/1575748/posts
"A bill that would allow Kansans to carry concealed handguns
easily passed the Senate on Thursday, taking a step toward a tug-
of-war with Gov. Kathleen Sebelius over gun rights. The measure
passed the Senate 29-11, two votes more than needed to override
an expected veto by the governor."
Kentucky
Bill to Let Homeowners Shoot Intruders is OK'd
Bruce Schreiner
The Lexington (Kentucky) Herald-Leader
February 25, 2006
http://www.kentucky.com/mld/kentucky/news/politics/13959007.htm
"Homeowners would become armed with legal protection when
shooting intruders under a bill that was easily passed by the
House of Representatives yesterday."
Oklahoma
Panel Passes Stand Your Ground Self-Defense Bill
Associated Press
Kten.com
February 28, 2006
http://www.kten.com/Global/story.asp?S=4566397
Oklahoma's state government has passed a 'Stand Your Ground' law
similar to the one the State of Florida passed last year.
South Dakota
Senate Accepts Self-Defense Bill
Associated Press
Aberdeen (South Dakota) News.com
February 10, 2006
http://www.aberdeennews.com/mld/aberdeennews/news/13842617.htm
"People who stand up to intruders shouldn't have to worry about
being arrested for assault, the South Dakota Senate decided
Friday."
Texas
State's New Gun-Toting Law has Surprise Backer: ACLU
Roddy Stinson
San Antonio (Texas) Express-News
February 5, 2006
http://www.mysanantonio.com/news/metro/stories/MYSA020506.03A.Sti
nson.24665cb.html
The Texas branch of the American Civil Liberties Union supports a
broader interpretation of the state's 'traveling' law than does
this opinion column writer.
Utah
Committee Advances Weakened Loaded Weapons Bill
Associated Press
ksl.com
February 21, 2006
http://www.ksl.com/?nid=148&sid=166780
"Utah residents would be allowed to keep a loaded firearm at home
without a concealed weapons permit under a bill endorsed by a
Senate committee Tuesday."
Virginia
Right to Shoot Bill Progresses
Bob Gibson
The (Charlottesville, Virginia) Daily Progress
February 10, 2006
http://www.dailyprogress.com/servlet/Satellite?pagename=CDP%
2FMGArticle%2FCDP_BasicArticle&c=MGArticle&cid=1137834026430
&path=!news
" A House of Delegates committee advanced a bill Friday to bar
counties from denying shooting ranges in rural areas where
hunting is legal."
Federal
James and Sarah Brady Comment on the Vice President's Hunting
Mishap
Press Release
The Brady Campaign
February 12, 2006
http://releases.usnewswire.com/GetRelease.asp?id=60875
James and Sarah Brady offer their views in the aftermath of Vice-
President Cheney's accident while hunting quail in Texas.
Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE),
gives its testimony before the Subcommittee on Crime, Terrorism,
and Homeland Security.
Liberty Belles: Putting the 2nd Amendment First
February 28, 2006
http://www.libertybelles.org/
http://judiciary.house.gov/oversight.aspx?ID=216
This Women's RKBA organization provides a link to the House
Oversight Committee's taking of testimony from the Bureau of
Alcohol, Tobacco, Firearms and Explosives upon abuses by that
agency taking place at legal Gun Shows. The direct link is here:
http://judiciary.house.gov/oversight.aspx?ID=216
Courts
Contempt Motion Filed Against New Orleans Mayor, Police Chief
Susan Jones
Cybercast News Service
March 2, 2006
http://www.cnsnews.com/ViewCulture.asp?
Page=/Culture/archive/200603/CUL20060302c.html
http://www.saf.org/
"The Second Amendment Foundation and the National Rifle
Association filed a motion on Wednesday to have New Orleans Mayor
Ray Nagin and Police Superintendent Warren Riley held in contempt
of court." Court papers are at http://www.saf.org/
SAF Sues to Overturn San Francisco Gun Ban
The Second Amendment Foundation
http://www.saf.org/
The California Court of Appeals has sent the suit filed by SAF,
NRA, and others, to the state Superior Court to decide. The Writ
of Mandate filed with the Superior Court, as well as the Writ of
Mandate filed with the Appeals Court is posted and can be
downloaded in PDF format at www.saf.org.
Scalia Champions Hunting and Conservation
Clay Carey
tennessean.com
February 26, 2006
http://tennessean.com/apps/pbcs.dll/article?
AID=/20060226/NEWS01/602260398/1006/NEWS
"The best thing avid outdoorsmen can do for the sport of hunting
is to attack the stereotype that guns are only used for evil
purposes, U.S. Supreme Court Justice Antonin Scalia told the
National Wild Turkey Federation's annual convention yesterday."
America & the Courts: Supreme Court Justice Scalia on Int'l &
Foreign Law
CSPAN.org
February 25, 2006
http://www.c-span.org/videoarchives.asp?
CatCodePairs=Series,AC&ArchiveDays=100
http://www.c-span.org/videoarchives.asp?
CatCodePairs=Series,AC&ArchiveDays=100
Supreme Court Justice Antonin Scalia talked about the role of
international and foreign law in American judicial decision-
making. Following his speech, he took questions from the
audience. This event took place on Tuesday at the American
Enterprise Institute in Washington, DC. The RealAudio (requires
player) video of that interview is here: http://www.c-
span.org/videoarchives.asp?CatCodePairs=Series,AC&ArchiveDays=100
Posey vs. State
The Supreme Court of Kentucky
February 23, 2006
http://162.114.92.72/Opinions/2004-SC-000060-
DG.pdf#xml=http://162.114.92.72/dtsearch.asp?cm
PDF files require Adobe Acrobat Reader or similiar software.
Kentucky rules that felons have forfeited their right to bear
arms under the state constitution-clear asserting the existence
of that right, and its nature as an individual right of the
people.
Judge Rules Pa. Can't Demand Social Security Numbers for Guns
Associated Press
philly.com
February 27, 2006
http://www.philly.com/mld/philly/news/13977171.htm
" A federal judge ruled Monday that Pennsylvania cannot require
Social Security numbers from those purchasing guns or obtaining a
concealed-weapons permit. U.S. District Judge Juan Sanchez ruled
that the state law violated the federal Privacy Act."
S.F. Gun Ban Finds Support is Scarce
Herbert A. Sample
The Sacramento Bee
February 22, 2006
http://www.sacbee.com/content/politics/story/14217627p-
15043615c.html
Lawyers and advocates of the city of San Francisco's ban on
private firearms ownership are having a difficult time convincing
judges or California politicians to support it publicly.
Appeal Denied in Clay-Target Case
Carlos Santos
Richmond Times-Dispatch
February 28, 2006
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%
2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1137834397205
&path=!news&s=1045855934842
"The Virginia Supreme Court has refused to hear an appeal from a
Nelson County hunting business that lost a lower-court claim that
shooting at clay targets is hunting."
Research
Gun Prevalence, Homicide Rates and Causality: A GMM Approach to
Endogeneity Bias
Gary Kleck, Tomislav Kovandzic, and Mark E. Schaffer.
Ideas at the Department of Economics, College of Liberal Arts and
Sciences, The University of Connecticut
November, 2005
http://ideas.repec.org/p/cpr/ceprdp/5357.html
"This study seeks to answer the question of whether more guns
cause more crime, and unlike nearly all previous such studies, we
properly account for the endogeneity of gun ownership levels. "
The paper is available for download in multiple formats from this
site.
Gun-toting motorists more prone to road rage
Issue 2537
New Scientist Magazine
February 4, 2006
http://www.newscientist.com/article.ns?id=mg18925373.800
This article positively asserts from a survey of 2400 motorists
that those who carry a firearm in their vehicles are far more
likely to indulge in what the article terms 'road rage' than
motorists who are unarmed. To quote: " Some 23 per cent of gun-
toting drivers admitted making rude signs, compared with 16 per
cent of those who did not carry guns." Accordingly, the article
bemoans concealed carry legislation.
Reasonable Doubt: Can Crime Labs be Trusted?
CNN and the Center for Investigative Reporting
CNN Presents
February 5, 2006
http://www.cnn.com/CNN/Programs/presents/index.reasonable.doubt.h
tml
"A joint investigation by CNN and the Center for Investigative
Reporting examines the lack of standards, quality controls and
training at many of the nation's forensic laboratories and raises
serious doubts about some forensic scientists. "
Firearm Statistics Report Available to Movie, TV Creators
AScribe: The Public Interest Newswire
February 28, 2006
http://newswire.ascribe.org/cgi-bin/behold.pl?ascribeid=
20060227.175326&time=0 7%2031%20PST&year=2006&public=0
"The Entertainment Industries Council Inc. (EIC) has created an
extensive compilation of information on gun violence, firearm
safety, gun legislation and more as a resource to the creative
community for potential storylines. "
Michael Moore Hates America
MMHA Creative Group
2004
http://www.michaelmoorehatesamerica.com/
"The controversial documentary by Michael Wilson examines the
filmmaking methods of Director Michael Moore ("Fahrenheit 9/11",
"Bowling for Columbine", "Roger & Me") and finds that not all is
as it seems in the world of Hollywood documentaries. "
Consumer Awareness
Mailboxes, Etc., Refuses to Ship Firearms
Charlie Cutshaw
March 12, 2006
Hi All, As just about everyone knows, I'm a journalist
specializing in test and evaluation of firearms. I usually return
test guns to their manufacturers via FedEx, which is "gun
friendly" and gives a substantial discount to National Shooting
Sports Foundation members, which is reason enough to use FedEx as
opposed to UPS, which is anti gun. That said, today I went down
to the local Mail Boxes Etc to drop off a carbine I was returning
to its manufacturer after test. I've been doing this for about
two years, but the returns are usually handguns, so it isn't
obvious what is in the box. This time, though, the clerk asked if
there was a firearm in the box. I replied that there was and she
replied that MBE would not accept firearms for shipment. I told
her that if FedEx had no problem with firearms, why should MBE?
At this point the manager came out and told me that it was MBE
policy that they would not process firearms for shipment. I told
him that I didn't understand this, given the "gun friendly"
policy of FedEx. He said that was MBE policy, to which I
responded that I would spread the MBE policy to every one I know
in the hope that my many gun loving friends would vote with their
feet and avoid using MBE. So here it is, friends. All of you for
the most part are firearms aficionados. The remainder are as
politically incorrect as I am. Since the right of firearms
ownership is guaranteed in the US Constitution, how does MBE
justify refusing to ship them? Firearms are just like any other
commodity; they are NOT innately evil. Firearms are inanimate
objects like ball bats or knives. The evil is in the heart of the
person who uses them for evil purposes, not in the objects
themselves. As far as I am concerned, there will be sleet storms
in Hades before I ever again darken the door of a Mail Boxes Etc
facility. I hope that you will join me in boycotting Mail Boxes
Etc (MBE) and I hope that you will help me spread the word about
this left wing extremist company that categorizes inanimate
objects as being innately evil. Best regards, Charlie Cutshaw
Culture
Second Amendment Cause Rooted In Liberalism
Ari and Linn Armstrong
Grand Junction (Colorado) Free Press
March 10, 2006
http://www.gjfreepress.com/home.php?content=article&article=6978
A local organization, the Pro Second Amendment Committee,
sponsors essay competitions and public events in support of the
Second Amendment to the Constitution of the United States.
Right to Carry a Feminist Issue
Meghan D. Lehman
The Delaware News Journal
February 26, 2006
http://www.delawareonline.com/apps/pbcs.dll/article?
AID=/20060226/OPINION08/602260319
"The average man can physically overpower the average woman; this
is a biological fact. The vast majority of violent crimes are
committed by men. We women should not have to depend on the men
in our lives for protection, nor can we expect police to be in
all places at all times."
This newsletter is compiled with help from Dr. Rob S. Rice, who
had a long and difficult battle establishing the procedures
needed to convert the newsletter to a new format. Then they
changed it on him, and he had to do it in an entirely different
format that has left him harassed, exhausted and haggard. Dr.
Rice is also a poet, novelist, and factotum of matters electronic
to Dave Kopel. He is usually calmer and less prone to self-pity.
Al Qaeda delenda est!
--
Lady Libertarian - United States of America
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