Kopel's Second Amendment Newsletter. December 6, 2001.

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.

The Second Amendment Project is based at the Independence
Institute, a free-market think tank in Golden, Colorado.
This newsletter is distributed by the Second Amendment
Foundation, in Bellevue, Washington, http://www.saf.org

Please visit Dave Kopel's new website,

Special announcement:

As most of you know, Jon Caldara is President of the Independence Institute.
On November 13, his daughter Parker Kelly Caldara died of brain tumor, just eight days before her first birthday.

State Senator John Andrews, the founder of the Independence Institute has posted a very meaningful tribute to Jon, Mara and Parker on his personal website:

The Caldaras' friend Paul Bailey also created a wonderful "Superparker" website, at
The site has pictures of Parker from May, October, and November, as well as a short video clips of Jon and his wife Mara bringing Parker home from the hospital on Nov. 12.
The site also has a guest book where you can write a message for Jon and Mara. Or you can send cards or messages to Jon and Mara at the Independence Institute, 14142 Denver West Pkwy., Suite 185 , Golden , Colorado 80401.
(303) 279-6536. Fax: (303) 279-4176.

In lieu of flowers, we ask you to please consider making a contribution to The Parker Kelly Caldara Fund.
The Fund is at First Republic Bank, 203 Forest Avenue, Palo Alto, California 94301-9649; Attention: Michelle Eldridge, (650) 470-8808.

Table of Contents for this issue

1.  New Kopel articles: Imagining a world without guns. Gun rights in Italy.
The Warsaw ghetto uprising and America's new culture of heroism.
The Taliban and David Koresh: how evil leaders can inspire their misguided followers to fight to the death.

2. Links Extravaganza. Great new editorials. Madanna goes shootin'.
AGS billionaire violates his customers' privacy.
The Michael Bellesiles Hoax unravels some more. Arming to fight terrorism.
International events. Legal news on Emerson and other cases.

3. Bill of Rights Day, Dec. 15.

1. New Kopel articles:

A World Without Guns. Be forewarned: It's not a pretty picture.
National Review Online. Dec. 5, 2001.
With Paul Gallant and Joanne Eisen.

Gianni, Get Your Gun. The surprising emergence of gun rights in Italy.
Chronicles. Dec. 2001. With Carlo Stagnaro.

Up with the People. Reviewing NBC's Uprising.
National Review Online, weekend edition. Nov. 10-11, 2001.
With Glenn Harlan Reynolds.

Waco Lessons for War. What evil can do.
National Review Online. Nov. 6, 2001.
With Paul Blackman.
Note: The fact that David Koresh was Evil with a capital E and that most of his fanatical followers had good intentions, but were profoundly misguided, does not excuse the various crimes that the BATF and FBI committed in the Waco disaster.

2. Links Extravaganza

a. Selected Editorials:

Whose right on bearing arms? Second Amendment means what it says
By Glenn Harlan Reynolds
Boston Globe
Nov. 25, 2001.


America Arms
Gun rights gain in the wake of Sept. 11.
By Pete Du Pont
Opinion Journal Online (Wall Street Journal)
December 5, 2001

Bummer For Sarah Brady:
It's been a great year for gun rights.
By Kimberly Strassel.
Opinion Journal Online (Well Street Journal).
Nov. 15, 2001.

New Perspectives on Gun Control
Dr. Michael S. Brown
Nov. 20, 2001

Shooting Match: Does the anti-gun crowd think you're stupid?
(Analysis of Violence Policy Center study falsely claiming that gun experts believe that most people are incapable of armed self-defense.)
By Sam MacDonald
Reason Online
November 21, 2001

There Ought to Be a Law
It's not just smoking and Santa - Montgomery County doesn't like guns, either.
By Jaime Sneider
National Review Online
November 29, 2001

2b. Cultural Developments

The Left Coast Report
by Dr. James Hirsen
November 28, 2001
"Getting away from Hollywood seems to have changed Madonna's point of view. Reuters reports that, in a recent interview with BBC Radio One, Madonna describes her new pastime. She shoots pheasants.
'I eat birds. You have more of a respect for the things you eat when you go through or see the process of killing them,' Madonna says."

A Report on the Privacy Practices of Monster.com
The Privacy Foundation, Denver University.
September 5, 2001
The business run by billionaire founder of Americans for Gun Safety trashes the privacy of its users, and fails to disclose when it is doing. No wonder that AGS is trying to eliminate privacy for gun owners who buy firearms at gun shows.

3c. History and the Bellesiles Hoax

Disarming the Critics
By Michael A. Bellesiles
Organization of American Historians magazine.
Bellesiles was ordered by his department head to address the allegations of academic fraud involving his book "Arming America."
This article by Bellesiles is the result.

Disarming America, Part II
Why won't Michael Bellesiles seriously respond to his critics?
By Melissa Seckora
National Review Online
November 26, 2001
Points out that Bellesiles' "response" evades almost all the charges against him.

Bellesiles responds to critics of his book
By David Mehegan
Boston Globe
November 13, 2001.
Observes that Bellesiles fails to respond to fraud allegations produced by the Boston Globe, and that he mischaracterizes what the Globe wrote.

Second Amendment Foundation
Web page with links to extensive resources about the Bellesiles hoax.

3d. War on Terrorism:

Sen. Bob Smith: Pilots Will Have Guns In 2-3 Months
Manchester Union-Leader
Nov. 17, 2001.

Arm Yourselves, Americans
By Joseph Farah
"The message is simple, Americans: Arm yourselves.
We as a nation have never had a more crystal-clear reason for doing it - at least not since 1776. Our founders understood that an armed, vigilant, self-governing moral people was the best guarantee of preserving freedom."

Israeli Homeland Security Tips
By John R. Lott, Jr.
New York Post
Nov. 12, 2001.
"We could learn something about responding to terrorism from Israel, and encourage more ordinary, responsible citizens to carry guns."

Gunman Ambushes Bus In Jerusalem, Killing Two - Stopped By Armed Civilian.
Nov. 4 2001
"Witnesses said the gunman opened fire on the No. 25 city bus at an intersection in the French Hill section of northeastern Jerusalem, which is near several Palestinian villages and neighborhoods. He in turn was shot by a civilian, a border guard and a soldier, police said."

3e. International:

i. Canada

Website for Professor Gary Mauser, Simon Fraser University.
A wealth of excellent articles and speeches.

Subversive Liberty.
Website of Quebec professor Pierre Lemieux.
In English and French.

Small Arms Firearms Education and Research Network

ii. Cuba

Advance copies of Miguel A. Faria, Jr., M.D.'s new book,  Cuba In Revolution---Escape From A Lost Paradise are available for shipping $26.95 plus $3 shipping and handling. Written in English, this hardcover, 450-page book contains illustrations, appendices, a selected bibliography, and an extensive index.
You can click here to order directly from:
or call toll free 1-800-757-9873 to order. Orders can also be faxed to 1-478-757-9725 or mailed to Hacienda Publishing, Inc., P.O. Box 13648, Macon, GA 31208-3648. And, be sure to let us know if you want your book autographed by the author!

"The book reveals the untold story of the Cuban Revolution, an eyewitness account woven through a boy's intrepid escape via several Caribbean islands.  And yet the book also sets the record straight regarding the alleged gains of the communist revolution.

Among the revolutionary myths that come crashing down:. . . What was the Revolutionary Directorate (RD), the 13th of March movement? Who were its leaders? Why wasn't the American media interested in these anticommunist rebels? In a pivotal speech after the triumph of the Revolution in 1959, why did Fidel Castro ask the RD and the Cuban people: Armas, para que?  ('Guns, for what?') Shortly thereafter, why were the civilian population methodically disarmed and opponents of the regime sought out by State Security?"

iii. United Kingdom
New British site for sale of guns and accessories.
Proof that gun culture in the U.K. isn't extinct.

3f. Legal News:

i. Third Circuit Court of Appeals
Affirms dismissal of Camden,  New Jersey's abusive lawsuit against firearms manufacturers: "Whatever the precise scope of public nuisance law in New Jersey may be, no New Jersey court has ever allowed a public nuisance claim to proceed against manufacturers for lawful products that are lawfully placed in the stream of commerce. On the contrary, the courts have enforced the boundary between the well-developed body of product liability law and public nuisance law. Otherwise, if public nuisance law were permitted to encompass product liability, nuisance law 'would become a monster that would devour in one gulp the entire law of tort.' Tioga Public Sch. Dist. v. U.S. Gypsum Co., 984 F.2d 915, 921 (8th Cir. 1993).  If defective products are not a public nuisance as a matter of law, then the non-defective, lawful products at issue in this case cannot be a nuisance without straining the law to absurdity."

ii. Fifth Circuit Court of Appeals
-- Emerson's petition for panel rehearing and rehearing en banc were denied Nov. 30, 2001. This means that Emerson's only chance of overturning the Fifth Circuit decision upholding the statute under which he is being prosecuted is an appeal to the United States Supreme Court.

--  U.S. v. Green and U.S. v. Watson.
Fifth Circuit reverses convictions for illegal gun possession because the guns were found as result of violations of the Fifth Amendment (Green) and the  Fourth Amendment (Watson).

iii.  U.S. Supreme Court
Supreme Court Rejects Challenge to Assault Weapon Ban.
U.S. Supreme Court chooses not to consider case arguing that N.J. "assault weapon" ban is unconstitutionally vague.


iv. U.S. District Court for the District of Columbia
Montana State Shooting Association sues the Department of Interior.
MSSA is represented by the Mountain State's Legal Foundation.
The suit arises from the Bureau of Land Management's announced closure of 20,000 acres of public land in Phillips County to the "use and discharge" of firearms.

v. Federal District Court, Virginia.
Gun shop owner sues ATF over reports
By Tim Mcglone
The Virginian-Pilot
December 4, 2001
"In a suit filed Nov. 23 in U.S. District Court, just a block from his shop, Marcus claims the government is trying to compile a database of gun owners, something Congress has strictly forbidden." "In February 2000, the ATF's National Tracing Center sent Bob's gun shop a letter demanding that the shop turn over the make, model, caliber and  serial number of each used firearm bought and sold at the store in 1999."

vi. Reports of the Death of the Second Amendment
Have Been Greatly Exaggerated: The Emerson Decision.
By Stephen Halbrook
The Independent Institute (which is not the same as the Independence Institute, where Kopel works).
Nov. 19, 2001.
Stephen Halbrook responds to Columbia professor Dorf's criticism of the Emerson decision.

3. Celebrate Bill of Rights Day on December 15th!
For more information see:

Al Qaeda delenda est!

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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Ave., Colorado 80203. Phone 303-279-6536. (email) webmngr @ i2i.org

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