December 27, 2006, Second Amendment Project newsletter

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.

Free subscription form

=========================================================

Dave Kopel's Second Amendment Newsletter

December 27, 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
This email was sent to david@i2i.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

New By Kopel, Multimedia: C-SPAN debate; Elections via MP3; GMU Symposium
New by Kopel, The 2006 Elections: RKBA fares better than GOP
New by Kopel, Articles: Issues in Development; Canadian Gun Registry; Gun Storage Laws; U.N. denies right of self-defense; ses the U.S. on Self-Defense
New by Kopel, Bloggin: Ohio RKBA victory; Albion Tourgee; U.N. Gun Ban extends particularly to Israel.
International: Australia; Canada; Chad; Dominican Republic; Germany; Ireland; New Zealand; Philippines; Switzerland; U.K.; U.N.
School Safety: Armed Teachers; Gun-Safe Students
Culture: NRA free to Active Service Personell; NBA Gun Disapproval
States: Arkansas; Illinois; Michigan; Nebraska; New York
Law: Indian Self-Defense; SAF Suits; Florida Carry; Indianapolis Judge declares Protection of Commerce Act Unconstitutional; Michigan BB Gun Ruling; Mississippi Mayor on Trial; Minnesota Churches; NJ Gun Rationing; WA Supreme Court affirms RKBA
Research: Hardy on Saul Cornell; VPC Figures Incorrect; Illinois Gun COntrol and the Mob

New by Kopel

Multimedia

Dave on C-Span: Moderated Debate

The Denver Press Club
C-Span Archives
November 15, 2006
http://tinyurl.com/y6tsme
http://www.i2i.org/ivoices/video/wmp/davedebatwithaudio.wmv
http://tinyurl.com/ycyfdq

The Denver Press Club hosts a debate on the issue of gun control. Arnold Grossman, author of "One Nation Under Guns - An Essay on An American Epidemic," argues the pro-gun control case while David Kopel, co-editor of "Gun Control and Gun Rights: A Reader and Guide" speaks for the opposing side. The debate is moderated by Cynthia Hessin, executive producer of Rocky Mountain PBS. Arnold Grossman co-founded SAFE Colorado, a bipartisan anti-gun violence group, in 2000, following the Columbine school shootings. Mr. Grossman co-authored "1998" with former Colorado governor Richard Lamm. You can watch a replay of the debate in Quicktime http://tinyurl.com/y6tsme or in WMV http://www.i2i.org/ivoices/video/wmp/davedebatwithaudio.wmv format. For more there is Dave's book review of One Nation Under Guns: an Essay on an American Epidemic by Arnie Grossman. Kopel's lengthy review of a book riddled with factual and legal errors, and which, unintentionally, reveals why the gun control movement in the United States has become such a failure in recent years. http://tinyurl.com/ycyfdq

Election Night 2006 and the Second Amendment

Ivoices Audio Podcast of an Interview with Kopel
8 minutes
November 8, 2006
http://www.i2i.org/ivoices/audio/iipodcast70.mp3

Dave thinks that the 2nd Amendment fared considerably better during the last election than did the Republican Party.

Firearms Regulation, International Law and Human Rights

Second Annual "Firearms Law & the Second Amendment Symposium
George Mason University School of Law
October 7, 2006
http://www.nraila.org/ActionCenter/GrassRootsActivism.aspx?id=41
http://tinyurl.com/y5zd2t
http://tinyurl.com/y53qlc
http://tinyurl.com/y82kgl
http://tinyurl.com/y6nyx5

Dave's particular portion of the symposium is available in Windows Media High Resolution (larger size) here http://tinyurl.com/y5zd2t and Low (poorer quality) http://tinyurl.com/y53qlc. For QuickTime, high is here http://tinyurl.com/y82kgl and low is here http://tinyurl.com/y6nyx5.

The Elections

The Second Amendment Emerges from the Election Relatively Unscathed

National Review Online
November 8, 2006
http://tinyurl.com/y2k9sk

Vide supra.

Second Thoughts. How will the upcoming elections affect gun rights?

National Review Online
November 2, 2006
http://tinyurl.com/ybkapd

This article upon re-reading gives Dave some auctoritas as a prognosticator.

Blogging

Tremendous Victory for the Second Amendment in Ohio

The Volokh Conspiracy
December 12, 2006
http://tinyurl.com/ym2d99

"the Ohio Senate voted 21-12 to override Republican Governor Bob Taft's veto of a bill to reform Ohio's gun laws."

Albion Tourgee and the Second Amendment

The Volokh Conspiracy
December 4, 2006
http://tinyurl.com/yh4fvw

"Tourgee's book about the Ku Klux Klan explained that during the 1870s, in Southern areas where the black militias lost and the Klan or other white groups took control, 'Almost universally the first thing done was to disarm the negroes and leave them defenseless.'"

Global Gun Prohibition Lobby: Ban Arms Sales to Israel

The Volokh Conspiracy
October 17, 2006
http://tinyurl.com/y6yrt4

Unable to force a blanket small-arms ban, the Control Arms affiliate of the UN's failed effort to impose global gun law recommends that military supplies no longer be exported to Israel, which has 'unlawfully killed' Palestinians.

International

Australia

Gun Laws and Sudden Death: Did the Australian Firearms Legislation of 1996 Make a Difference?

Jeanine Baker and Samara Mcphedran
British Journal of Criminology
October 18, 2006
http://tinyurl.com/yf5oj4

"When compared with observed values, firearm suicide was the only parameter the [National Firearms Agreement of 1996] may have influenced, although societal factors could also have influenced observed changes."

Canada

Canadian Gun lobby event features Conservative MP and NRA President

Canada NewsWire
November 25, 2006
http://www.newswire.ca/en/releases/archive/November2006/25/c8679.html

"This is by no means the first time the NRA, considered the most powerful gun lobby in the world, has come to Canada at the invitation of the Canadian gun lobby, to promote its position."

The Debate is Not Yet Over

Clive Edwards
Enter Stage Right
November 20, 2006
http://www.enterstageright.com/archive/articles/1106/1106debatenotover.htm

"It is worth noting that over the course of the gun control debate in Canada the emphasis has shifted from 'sporting use' and 'hunting' as valid reasons for owning firearms to 'personal protection'."

Chad

Chad Orders Gun Clampdown, Peace Force calls Mount

Betel Miarom
Reuters News
November 14, 2006
http://www.alertnet.org/thenews/newsdesk/L14822664.htm

"The state of emergency gave regional governors wide-ranging powers to ensure security, including a ban on unauthorised firearms."

Dominican Republic

Dominican Society Again Demands Gun Control

Dominican Today (Santo Domingo, Dominican Republic)
November 28, 2006
http://www.dominicantoday.com/app/article.aspx?id=20028

"Dominican and international experts agreed on the need to modify Law 36 on owning and carrying guns, to heighten controls in the issuing of permits." Local and unnamed international organizations met in Santo Domingo to assert the need for restrictions on civilian firearms ownership.

Germany

Germany Reevaluates Gun Laws After School Shooting

Deutsche Welle (Germany)
November 23, 2006
http://www.dw-world.de/dw/article/0,2144,2245918,00.html

"Germany has some of the most strict firearms laws in the world. But a school shooting this week raises the question of whether the Internet presents a loophole for illegally acquiring weapons."

Ireland

Dublin Jury Acquits Irish Farmer for Fatally Shooting Burglar in Back

Shawn Pogatchnik
Associated Press (Ireland)
December 14, 2006
http://tinyurl.com/ybyere

"A Dublin jury acquitted a farmer Thursday who fatally shot a burglar in the back -- a case that attracted national attention because the slain man was a member of Ireland's gypsy minority."

Irish Homeowners Should be Allowed to Kill Intruders in Order to Defend their Family and Property

Firstrung (UK)
November 21, 2006
http://tinyurl.com/yfappo

"The long-awaited consultation paper by the Irish government-appointed legal watchdog on legitimate defence has called for the introduction of new laws to safeguard homeowners who are confronted by violent intruders."

New Zealand

Protest in Support of Gun shop Shooting

Press Release from the Sensible Sentencing Trust
Scoop Media Limited (New Zealand)
December 4, 2006
http://www.scoop.co.nz/stories/PO0612/S00037.htm

"Greg Carvell did what any citizen in the same circumstances should legally be able to do when faced with an intruder yelling 'Give me the guns or I'll kill you.' He shot him!"

Call for Ban on Military-style Weapons

Radio New Zealand
November 7, 2006
http://tinyurl.com/yfk47y

"Police figures show there are more than 8,000 military-style semi-automatic weapons in circulation, of the type gun control advocates say should be banned. They include rockets, anti-tank projectors, grenade launchers and machine guns - but many of these are held by collectors." These voices lack police support.

The Philippines

Comelec Reviews Gun Ban Exemptions

Rio N. Araja
Manila Standard (Philippines)
November 29, 2006
http://www.manilastandardtoday.com/?page=politics4_nov29_2006

"THE Commission on Elections yesterday vowed to carry out a stricter gun ban in next year's election period."

Total gun ban to start January

Sun-Star (Philippines)
November 5, 2006
http://tinyurl.com/y2dgnd

The gun ban, on carrying of weapons, applies to even government officials during the period of the Philippines' Congressional elections."

Switzerland

Army weapons "kill 300 people a year"

Swiss Info
December 16, 2006
http://tinyurl.com/y9jj3h

"More than 300 people are killed every year by army guns, according to a study led by the Swiss criminologist Martin Killias." Killias is an open advocate of civilian disarmament.

United Kingdom

Jamieson hails new gun laws

Daily Record (UK)
November 9, 2006
http://tinyurl.com/v8o6v

"Tough new curbs on the sale of airguns across the UK were yesterday welcomed by Justice Minister Cathy Jamieson."

The U.N.

U.N. OKs Weapons Trade Treaty Resolution

Edith M. Lederer
Fox News
December 7, 2006
http://www.foxnews.com/wires/2006Dec07/0,4670,UNWeaponsTradeTreaty,00.html

"Over U.S. objections, the U.N. General Assembly approved a resolution Wednesday that could lead to the first international treaty on controlling the trade in assault rifles, machine guns and other small arms."

Secretary-General Welcomes General Assembly's Adoption Of Resolution Launching Process Towards Treaty On Global Conventional Arms Trade

Press Release
Office of the Secretary General of the United Nations
December 6, 2006
http://www.un.org/News/Press/docs/2006/sgsm10782.doc.htm

"The Secretary-General welcomes today's adoption by the General Assembly of a resolution launching a process that could lead to a treaty regulating international trade in conventional weapons."

UN Assembly Takes Steps Towards New Treaty Regulating Global Conventional Arms Trade

Press Release
The United Nations
December 6, 2006
http://tinyurl.com/y89gbn

"The United Nations General Assembly today adopted a resolution effectively kicking off a diplomatic process aimed at promulgating a new international treaty on the global trade in conventional arms -- a move immediately hailed by Secretary-General Kofi Annan -- as it acted on a series of resolutions adopted at the recommendation of its Disarmament and International Security (First) Committee."

Expert Group on Illicit Small Arms and Light Weapons Brokering Will Consider Enhancing International Cooperation, when Work Begins Next Week in Geneva

Press Release
The United Nations
November 24, 2006
http://www.un.org/News/Press/docs//2006/dc3053.doc.htm

"The United Nations Group of Governmental Experts to consider further steps to enhance international cooperation in preventing, combating and eradicating illicit brokering in small arms and light weapons will hold its first session in Geneva from 27 November to 1 December 2006." The non-binding resolution to the Secretary General was the step.

Third Committee Suspends Consideration of First-Ever Report of Human Rights Council

Press Release
General Assembly of the United Nations
November 1, 2006
http://www.un.org/News/Press/docs/2006/gashc3865.doc.htm

The effort to produce a report on the status of human rights worldwide collapsed as individual nations mentioned in the report for violations objected to its completion.

School Safety

Armed First Responders are Needed in Schools

Fred Willoughby
Deseret News (UT)
December 17, 2006
http://deseretnews.com/dn/view/0,1249,650215354,00.html

"First responders are the people already at the scene, such as school officials. First responders do have the element of surprise. This is very important in shooting incidents."

Nevada State Senator Proposes Letting Teachers Carry Guns

Associated Press (NV)
December 14, 2006
http://www.lasvegassun.com/sunbin/stories/nevada/2006/dec/14/121410214.html

"I would expect enough teachers would be interested so it would serve as a deterrent," said Sen. Bob Beers, R-Las Vegas. He said he's preparing a bill to introduce when state lawmakers convene in February."

School fits gun education into sixth grade curriculum

Dan Joling
Associated Press (AK)
November 17, 2006
http://www.nctimes.com/articles/2006/11/18/news/state/18_39_4911_17_06.txt

"'What we're trying to do is mitigate the onslaught of very bad habits that cause needless deaths and needless accidents,' Coate said."

Culture

NRA offers free memberships

Stars and Stripes
November 18, 2006
http://tinyurl.com/ykcpxa

"The National Rifle Association is offering free one-year memberships to all troops on active duty as a token of appreciation for their service."

Stern Makes Plea for Players to Leave Guns at Home

The Washington Post
October 26, 2006
http://tinyurl.com/y6o8m7

"It's a pretty, I think, widely accepted statistic that if you carry a gun, your chances of being shot by one increase dramatically," Stern said during a conference call. "We think this is an alarming subject, that although you'll read players saying how they feel safer with guns, in fact those guns actually make them less safe. And it's a real issue.'"

States

Arkansas

Senator Files Bill to Loosen Rules on Use of Deadly Force

Michael R. Wickline
Arkansas Democrat-Gazette
November 17, 2006
http://www.nwanews.com/adg/News/173243/

"A bill filed Thursday for the forthcoming state legislative session would remove a person's duty to retreat under certain circumstances before using deadly force in self-defense."

Illinois

With 86 Percent of Voters Demanding Action, Cook County Strengthens Assault Weapons Ban Law

Press Release
The Brady Campaign
November 16, 2006

"On Election Day, the people of Cook County sent a clear message about military-style semiautomatic assault weapons: they are not wanted or needed on American streets. The County Board listened to the voters, and moved to strengthen the ban on these weapons within the County limits."

Michigan

State Drops Hunting age to 12 to Draw More to Sport

Joe Menard
The Detroit News (MI)
November 10, 2006
http://tinyurl.com/y6w48t

"Lower hunter numbers threaten Michigan's longstanding hunting tradition that rakes in millions of dollars of revenue annually and is the primary funding source of conservation efforts statewide."

Nebraska

Governor Signs off on Concealed-carry Curriculum

Nate Jenkins
Lincoln Journal-Star (NE)
November 15, 2006
http://www.journalstar.com/articles/2006/11/15/local/doc455b8a3b314f2825672435.txt

"Gov. Dave Heineman has signed off on the curriculum for classes that will be held across the state: How to safely carry a concealed handgun."

New York

Gun Lobby Wins in Permits-list Duel

Tina Moore
New York Daily News (NY)
November 23, 2006
http://www.nydailynews.com/news/local/story/473991p-398748c.html

"The state's biggest gun group has scored a bull's-eye with a court victory that requires the NYPD to hand over the names and addresses of 45,000 gun permit holders. The New York State Rifle and Pistol Association says it will use the list to warn gun owners about Mayor Bloomberg's campaign to limit their 2nd Amendment right to bear arms.

Law

Aggressors Can't Claim Right to Self-defence

Dhananjay Mahapatra
The Times of India
December 11, 2006
http://tinyurl.com/y8pvs7

"'The persons who are members of the aggressor party cannot claim right of self-defence,"the Bench said in its judgment on Friday.'"

US Citizen Living in England Sues Over US Gun Control Laws

Monisha Bansal
CNSNews.com
November 16, 2006
http://tinyurl.com/y748fy

"Maxwell Hodgkins, a native of Dallas, Texas, who lives in Britain, is asking for a legal injunction that would prohibit federal officials from enforcing several gun control statutes that his lawyers call 'vague and ambiguous.'"

SAF Sues Library System over Internet Censorship of Gun Web Sites

Press Release
The Second Amendment Foundation
November 16, 2006
http://www.saf.org/viewpr-new.asp?id=203

"The Second Amendment Foundation and three Washington State residents have filed a federal lawsuit against a north-central Washington regional library system for denying them access to websites that include information on firearms and publications dealing with guns."

County Attorney Sends Memo Clarifying Gun Rules

Mike Salinero
Tampa Tribune (FL)
December 12, 2006
http://www.tbo.com/news/metro/MGBX2OAULVE.html

"Florida law permits Hillsborough County Commissioner Kevin White or anyone else with a concealed-weapon permit to carry a gun into the Fred B. Karl County Center."

Gun Makers Appeal in Ruling Against U.S. Curb On Lawsuits

Karen Eschbacher
Indianapolis Star
November 27, 2006
http://tinyurl.com/yczt62

"Gun makers are appealing an Indiana judge's first-of-its-kind ruling that a federal law shielding gun manufacturers from lawsuits is unconstitutional."

Minnesota Court Rules BB Gun is a Firearm

Shannon Prather
Pioneer Press (St. Paul, MN)
December 12, 2006
http://www.twincities.com/mld/pioneerpress/news/local/16223874.htm

"A convicted felon barred from carrying a firearm broke the law when he started toting a BB gun, the Minnesota Court of Appeals has ruled."

Jackson, Miss., Mayor Faces Separate Gun Trials

Associated Press
The Commercial Appeal (Memphis, TN)
November 13, 2006
http://tinyurl.com/y57b84

Jackson Mayor Frank Melton is scheduled to go on trial Tuesday in Hinds County Circuit Court to face gun charges.

Ruling Gives Churches Leeway under Handgun Law

Brian Bakst
Associated Press (MN)
November 15, 2006
http://www.twincities.com/mld/twincities/news/16022243.htm

"Minnesota churches aren't bound by a state law requiring private property owners to either post a sign or orally inform people when concealed handguns are barred from their parking lots and sanctuaries, a judge has ruled." The upshot is that a civilian carrying a concealed weapon legally could face prosecution for possessing a firearm in a church with an unposted ban.

Judge Voids Jersey City Gun Control Law

Charles Toutant
New Jersey Law Journal
December 14, 2006
http://tinyurl.com/ykwhjb

"In a suit that tested the power of cities to write their own laws to curb gun-related violence, Hudson County Assignment Judge Maurice Gallipoli said he doubted the ordinance would achieve that end. And he found it pre-empted by the state's extensive gun-control scheme."

Ohio Cities Prepare Legal Fight against Gun Bill

Julie Carr Smyth
Associated Press (OH)
December 17, 2006
http://www.ohio.com/mld/beaconjournal/16262215.htm

"As gun-rights groups lauded a new law passed last week lifting most local restrictions on carrying firearms, Ohio's big cities were contemplating joining forces to stop it."

State v. Williams, No. 76625-8.

Supreme Court of the State of Washington
November 30, 2006
http://tinyurl.com/yd2osx
http://www.courts.wa.gov/opinions/pdf/766258.opn.pdf
PDF files require Adobe Acrobat Reader or similar software.

"Citizens Have a Constitutional Right To Bear Arms Under Both the Federal and State Constitutions." The decision is available in Adobe Acrobat format here: http://www.courts.wa.gov/opinions/pdf/766258.opn.pdf

Research

Book Review: A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

David Hardy
William & Mary Bill of Rights Journal
Vol. 15, No. 4, 2007
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=947334

Mr. Hardy indicates the ways in which Professor Saul Cornell's recent book, A Well-Regulated Militia, failed to understand the other component of the 2nd Amendment to the Constitution of the United States.

A VPC Lie Exposed...Again

Pro-Gun Progessive
November 1, 2006
http://progunprogressive.com/?p=250

Josh Sugarman's claim that 1 in 5 police officers slain in 2005 were killed with 'Assault weapons' does not withstand scrutiny. More officers were slain by intentional ramming with vehicles. The comments on this site are provocative.

Illinois: Was Chicago's Gun Control Ordinance A Secret Plan By Chicago's Mob?

Steve Bartin
newsalert
July 14, 2006
http://tinyurl.com/yfocn5

According to articles collected by Mr. Bartin, "...a 'made member' of the Mob was a powerful Alderman working to disarm honest citizens while his criminal conspirators had no intention of disarming."

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this loquacious, if well-motivated individual, see http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice was once again not invited to the Independence Institute Staff Christmas Party. A huge blizzard forced its cancellation. COINCIDENCE?

Al Qaeda delenda est!