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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. April 6, 2004.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 unsubscribe from this newsletter, please reply to kopelnewsletter@liberty.seanet.com.
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Table of Contents for this issue
1. New by Kopel: Ex Parte Milligan, the
Civil War case which demonstrates
the 2nd Amendment is an individual right. Gun control in Sri Lanka.
“Cop-killer” ammunition. Congress rolls back Clinton gun rules. Global deaths from firearms.
2. Dave's National Review Weblog Entries.
Will Kerry promise to appoint judges
who support the Second Amendment? Concealed carry victory in Missouri.
3. Self Defense. Good Samaritan on NYC
subway. Teenager with a gun.
4. International. Sword prohibition in
Australia. Canadian gun law cannot
be applied to Indians. Elderly man in Netherlands arrested for shooting
armed robber. British polls favors restoration of right of home defense.
CCRKBA opens British office.
5. Terrorism. TSA follies.
6. History. Bellisles hoax continues. Randy
Barnett debunks
Uviller & Merkel.
7. Law. Minnesota churches may ban CCW, even
without posting
notice. Another 10th Circuit opinion that 2d A. is not an individual right.
8. Research: Halbrook, Malcolm, and Swan
articles in new law
review symposium.
9. The States. Progress in Florida and
Illinois. Crackdowns on
imitation guns in New York and Kansas City.
10. Politics. Americans for Gun Safety
strategy presentation tells
Democrats to claim to support the Second Amendment, while
still voting for gun control.
11. Useful tools. Great ear muffs. Excellent
reloading site.
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1. New by Kopel
Rights During War.
In 1864, the U.S. Army court-martialed an Indiana civilian and sentenced him to death. What does this case teach us about the Second Amendment and the limits of presidential powers? Liberty magazine, April 2004. http://www.davekopel.com/2A/Mags/Rights-During-War.htm
Lions vs. Tigers. The precarious state of
Sri Lanka.
National Review Online. Mar. 3, 2004. With Paul Gallant & Joanne D. Eisen.
The Return of a Legislative Legend.
Erasing A Clinton Legacy:
"Global Deaths from Firearms:
Searching for Plausible Estimates."
Texas Review of Law & Politics, Vol. 8, no. 1 (Fall 2003) http://www.davekopel.com/2A/Foreign/Global-Deaths-from-Firearms.pdf
Coming soon on National Review Online:
Automobiles are 48% more dangerous than guns. Analysis of Johnson v. Eisentrager, the 1950 Supreme Court case which is at the heart of current Supreme Court cases over detaining enemy combatants—and which provides further proof that the Second Amendment is an individual right.
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2. Kopel weblog entries on the National Review Online's "The Corner" http://www.nationalreview.com/thecorner/corner.asp
Feb. 26, 2004
04_02_22_corner-archive.asp#025955
Article I, section 23, of the Missouri
constitution states: "That the
right of every citizen to keep and bear arms in defense of his home,
person and property, or when lawfully summoned in aid of the civil
power, shall not be questioned; but this shall not justify the wearing
of concealed weapons." The obvious meaning of the final clause is that
concealed carry is not part of the right to keep and bear arms. The
Missouri legislature could prohibit concealed carry entirely, could
allow unrestricted concealed carry, or could allow concealed carry
under certain circumstances. The Missouri legislature chose the third
option: prohibiting concealed carry except for people who are given a
license according to state standards.
The gun prohibition groups made the
preposterous argument--which the
trial judge in Saint Louis accepted--that the constitutional clause
forbids concealed carry under all circumstances. The Missouri supreme
court rejected this absurd claim. The court wrote: "There is no
constitutional prohibition against the wearing of concealed weapons;
there is only a prohibition against invoking the right to keep and bear
arms to justify the wearing of concealed weapons." A contrary decision
would have made it illegal for even police officers to carry concealed
guns.
Not long ago, the New Mexico supreme court
rejected a similarly
nonsensical claim against a new concealed-carry law in the
Land of Enchantment.
The Missouri supreme court did rule that the
new law cannot go into
effect in four counties, because the law, at least arguably, imposes an
unfunded mandate on local law enforcement for the cost of issuing the
permits. The Missouri constitution's "Hancock Amendment" prohibits
unfunded mandates. Sheriffs are allowed to charge a fee of up to $100,
but a few sheriffs have argued that the fee is inadequate. It is
expected that the issue regarding appropriate fees will not be
difficult to fix by the state legislature.
Feb. 26, 2004
04_02_22_corner-archive.asp#025932
Feb. 2, 2004 04_02_22_corner-archive.asp#025932 After winning the New Hampshire primary, John Kerry told CNN, "I've been a hunter all my life, and I'm a gun owner, and I've never thought of going hunting with an AK-47. I believe in the Second Amendment." Indeed, while Kerry has almost always voted with the anti-gun lobby, on May 17, 2000, he was part of the 69-30 Senate majority that passed a non-binding resolution urging respect for Second Amendment rights. The resolution, Amendment no. 3150 by Senator Lott began: "(a) FINDINGS.--The Senate makes the following findings: (1) The Second Amendment to the United States Constitution protects the right of each law-abiding United States citizen to own a firearm for any legitimate purpose, including self-defense or recreation." The resolution concluded that "It is the sense of the Senate that:...The right of each law-abiding United States citizen to own a firearm for any legitimate purpose, including self-defense or recreation, should not be infringed."
Senator Kerry has pledged that as President
he would only appoint
judges who support Roe v. Wade. Accordingly, it is reasonable to ask
Senator Kerry if he will promise to appoint only judges who agree with
Kerry that "The Second Amendment to the United States Constitution
protects the right of each law-abiding United States citizen to own a
firearm for any legitimate purpose, including self-defense or
recreation."
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3. Self-defense
Subway Hero: No One Helped
NEIL+GRAVES&desc=SUBWAY+HERO:+NO+ONE+HELPED
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4. International
Sword Ban After Attacks
Canada's Gun Law Unconstitutional
CBC North News March 4, 2004 http://north.cbc.ca/regional/servlet/View?filename=nor_guns20040304 Canada's gun registry violates treaty rights of Aboriginal hunters.
Disabled Man, 71, Arrested For Killing
Armed Robber
More Guns, Less Beeb?
By Scott Norvell Tech Central Station March 12, 2004 http://www.techcentralstation.com/012304A.html BBC Radio show organizers were obviously aghast when the winner in a 'Best Law for the New Year' call-in poll, with 37 percent of the vote, was a law allowing homeowners to use "any means" to defend their property from intruders.
Calls to Sack 'Gun Lessons for
Children' MP
Rod Minchin The Scotsman March 9, 2004 http://news.scotsman.com/latest.cfm?id=2627365 "Mothers Against Murder and Aggression" said that Patrick Mercer's comments that the British gun ban was useless and that children should be taught to handle firearms were "crass" and "appalling", while the SNP said the Tories should either "back him or sack him".
Second Amendment Set to Go Global With
First Stop England
Jan Ireland
archive/j/ireland/2004/ireland032004.htm
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5. Terrorism
Senator Tells TSA: Arm Pilots or Lose
Funding
CNSNews.com April 2, 2004 http://www.cnsnews.com//ViewNation.asp?Page=\Nation\archive\200404\NAT200404 02a.html Senators Bunning and Boxer tell TSA to stop obstructing the armed pilot program.
Dominate. Intimidate. Control:
The Sorry Record of the Transportation Security Administration James Bovard Reason Online February 2004 http://www.reason.com/0402/fe.jb.dominate.shtml
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6. History
Bellesiles Hoax Continues: Shameless liar returns.
kstrassel/?id=110004653
"Was the Right to Keep and Bear Arms
Conditioned
on Service in an Organized Militia?" Randy Barnett Forthcoming in Texas Law Review http://papers.ssrn.com/sol3/papers.cfm?abstract_id=420981 Debunks recent book by Richard Uviller & William Merkel claiming that the Second Amendment right has vanished because the government has failed to maintain the militia.
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7. Law
Church Ban On Guns Allowed
Bill Gardner St. Paul Pioneer-Press March 17, 2004 http://www.twincities.com/mld/twincities/8203113.htm
U.S. v. Parker
court=10th&navby=case&no=034119
Nordyke v. King
9th Circuit. http://caselaw.lp.findlaw.com/data2/circs/9th/9917551p.pdf Rehearing en banc denied. Forceful dissent by 5 judges.
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8. Research
Stephen P. Halbrook
"Citizens in Arms: The Swiss Experience" Texas Review of Law & Politics Volume 8, Issue 1 (Fall 2003) https://webspace.utexas.edu/starrbd/articles/Halbrook.pdf
Joyce Lee Malcolm
"Lessons of History: Firearms Regulation and the Reduction of Crime" Texas Review of Law & Politics Volume 8, Issue 1 (Fall 2003) https://webspace.utexas.edu/starrbd/articles/Malcolm.pdf Increasing gun control in England has resulted in increasing violent crime.
James Swan
"Peaceful Arms: Hunting and Sport Shooting" Texas Review of Law & Politics Volume 8, Issue 1 (Fall 2003) https://webspace.utexas.edu/starrbd/articles/Swan.pdf Positive impacts of hunting and sport shooting on the economy, the environment, the culture, and mental health.
Do Gun Control Activists Pad Gun Death
Statistics?
Wendy McElroy Fox News Commentaries March 03, 2004 http://www.foxnews.com/story/0,2933,113094,00.html
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9. The States
House passes ban on listing gun owners
news/politics/8334555.htm
Home Protection' Gun Bill Passes
Illinois House
Leslie Griffy and Dave Mckinney Chicago Sun-Times March 25, 2004 http://www.suntimes.com/output/news/cst-nws-leg25.html Bill would prohibit punishment of citizens who act in self- defense, while violating gun prohibition laws.
Concealed gun bill passes but faces
veto
kansascity/news/local/8334197.htm
Bloomy's 'Fun' Gun
David Seifman New York Post March 17, 2004 http://www.nypost.com/news/regionalnews/21071.htm New York City Mayor Bloomberg demand banning of realistic toy guns.
Airsoft Guns A Rage With Young Boys;
Dangers Cited
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10. Politics
Mark J. Penn & Peter Brodnitz Winning the Gun Vote New Democrats Onlin October 16, 2003 http://www.ndol.org/ndol_ci.cfm?kaid=119&subid=157&contentid=252103 Americans for Gun Safety strategy presentation to Democrats. Basic point: Claim to support the Second Amendment, while also supporting any gun control that has a realistic chance of passing.
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11. Useful tools
Review: Dillon Precision Hp-1 Hearing
Protectors
The Sight http://www.sightm1911.com/lib/review/hp1.htm This is a great product. I own a pair, and they work beautifully!
AmmoGuide Interactive
http://ammoguide.com Provides data on over 2,500 loads for 245 cartridges, plus lots of additional information for serious reloaders.
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This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice, who will not testify in public, is a historian, writer and factotum of matters electronic to Dave Kopel.
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