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June 21, 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.


Dave Kopel's Second Amendment Project is based at the Independence Institute, afree-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


Table of Contents

  1. New Technologies: RSS Feed, Podcasts, XML, PDA, Foreign Languages
  2. New by Kopel: Book Review, Podcast!
  3. Kopel Blogging: D-Day, Wisconsin Supreme Court
  4. International: Belgium, Canada, Iraq, Kenya, Malaysia, South Africa, Switzerland, UK, UN
  5. States: Arizona, Delaware, Michigan, New Hampshire, New Jersey, Oklahoma, Vermont, Virginia
  6. State and Local: Florida Success, NRA 'No Grab' Pledge, Mayors, NYC Lawsuits
  7. Terrorism: Air Marshals too easy to spot
  8. Law: AG Lawsuits, California, Colorado, and Wisconsin Decisions, Employee Firings
  9. Research: 'Constitutional'Gun Control, Concealed Carry, FBI Lab, 'Smart' guns. Harvard Studies
  10. Culture: Gun Talk Radio, Catholic Initiative, ABC and Handgun Control, Boston Buy-Back

1. New Technologies to defend Eternal Rights

One of the key principles of the Second Amendment Project is that, while producing high-quality research is essential, it is not sufficient. It is vital that the research be disseminated as widely as possible. This Newsletter is one way that the Independence Institute's Second Amendment Project, working with the Second Amendment Foundation, attempts to put research before as many readers as we can. Over the past few months, the staff of the Second Amendment Foundation (which distributes this newsletter) and Dr. Rob Rice, who formats the newsletter and writes most of the summaries of news articles, have been working very hard to put this newsletter into XML format. We hope that the result has been an improved, more readable newsletter. We are happy to announce major progress on several accessibility projects which we have been working on over the last year:

1. RSS Feed

http://www.davekopel.org/feed.xml

The first is taking advantage of emerging technologies. A few days ago, the Dave Kopel website created an RSS feed. (RSS stands for "Really Simple Syndication.") If you have an RSS reader (and there are many which are available for free), you can receive a notice every time the www.davekopel.org website is updated. Thus, you can find out about all the new content, without having to check the website. To add the Kopel RSS feed to your RSS reader, simply tell the RSS reader to keep track of the link above.

2. Podcasts

http://www.ivoices.org/ivoices.rss

Podcasts are sort of like radio programs broadcast over the Internet. You can listen to them on your computer. Or you can copy them to your iPod, Treo, or any other device which plays MP3 files. The Independence Institute, where I serve as Research Director, has created a new podcast site, iVoices.org. To listen to, or download the podcasts, all you need to do is send your web browser to http://ivoices.org. To receive an automatic RSS feed of all our podcasts, just use the link above.

Here are some recent podcasts on Second Amendment issues:

Analysis of the Colorado Supreme Court's split decision, which had the effect of allowing Denver to nullify much of Colorado's firearms preemption law:

http://www.i2i.org/ivoices/audio/iipodcast28.mp3

Independence Institute's annual Alcohol, Tobacco and Firearms party. A humorous look at our upcoming June 24 event, which features sporting clays in the morning, and alcohol and tobacco in the afternoon.

http://www.i2i.org/ivoices/audio/iipodcast26.mp3

The State of Your Gun Rights. An analysis of current and long-term trends on concealed carry, Stand Your Ground, and other topics.

http://www.i2i.org/ivoices/audio/iipodcast17.mp3

All of these podcasts are approximately 10 minutes long.


3. PDA-enabled website

http://www.davekopel.com/PDA.htm

These days, more and more people are using Personal Digital Assistants--such as smartphones, Palm devices, and the like--to browse the Internet. To make things easier for such users, the Dave Kopel website has created PDA-friendly pages. These pages have no graphics or columns--just simple text. Accordingly, these pages display much faster, and more readably, when viewed by a PDA device. The URL for the PDA-enabled version of the Kopel home page is listed above.

http://www.davidkopel.org/Corner/Latest.htm
http://www.davekopel.com/Corner/CornerPDA.htm

The Kopel weblog ("Kopel's Corner") collects Kopel's postings from the Volokh Conspiracy weblog (Volokh.com), a group weblog of several law professors in which Kopel participates. The latest version of Kopel's Corner is available at the link above. The PDA-friendly version is available at the second link above.

 

4. Outreach to pro-freedom friends, in 12 different languages.
 

The United Nations' anti-gun conference will begin in a few days. The conference highlights that fact that the rights of Americans are under an unprecedented threat from the global gun prohibition lobby. I strongly believe that the long-term solution to this problem can only come when citizens in other democracies are able to put sufficient pressure on their own governments to force those governments to stop using the United Nations to push global gun prohibition and to evade the democratic checks and balances of sovereign nations. So to help our pro-freedom friends around the world, I am working to make as much content as possible available in as many languages as possible. I hope that you will be able to share some of this world language content with your friends in other countries, or with American friends who enjoy reading other languages.

 

A. Italian

http://www.davekopel.com/Kopel-in-Italiano.htm

We have a long-standing and very good relationship with the Istituto Bruno Leoni, the leading pro-freedom think tank in Italy. Our friends at the IBL have translated a vast amount of Kopel material into Italian, all of which is available on the Kopel Italian web page:

The Italian web page, like all the foreign language pages, also includes links to other web resources for freedom-loving Italian readers.


B. French, Spanish, and Polish

http://www.davekopel.com/kopel_en_francais.htm

The French, Spanish, and Polish pages each have about a half-dozen translated Kopel articles, plus many links to other pro-freedom resources in the relevant language. The French site is particularly useful for pro-freedom Quebecois, as well as for Francophone Europeans who want to avoid efforts to create national gun registries based on the failed Canadian system.

http://www.davekopel.com/Espanol/Kopel-en-Espanol.htm

The Spanish site aims to reach the key audience of policy intellectuals in Latin America and Spain who are working to promote "liberalism"--which in the traditional meaning, still used in the Spanish-speaking world means freedom and civil liberty.

http://www.davekopel.com/Polska/Kopel-Polski.htm
 

Freed from Soviet despotism, Poland is rapidly becoming a dynamic leader of the New Europe. Ambitious Polish workers are making a new future for themselves and their families by moving to other European nations, especially Great Britain and Ireland. A quarter of all new Catholic priests in Europe are Polish, and they are being dispatched all over the world. At home, Poland is well on the way to establishing a vibrant, successful-and pro-American-democracy. The Polish website is working to reach a national and expatriate community which is eager to learn more about liberty, and which will become increasingly influential in Europe in coming decades.

 

C. German, Danish, Dutch, Swedish, Portuguese, Czech, Hungarian, and Russian

http://www.davekopel.com/Kopel-Languages.htm

In these languages, we have 1 to 3 articles in each language, plus links.


D. Japanese, Korean, and Chinese

We have no manually-translated content in these languages yet, but we have integrated the Babelfish translation into the entire website. As a result, readers of these languages can browse from page to page with automatic computer translation of every page on the Kopel website. Automatic computer translation of the entire website is also available in Spanish, French, Italian, Portuguese, German, and Russian. Computer translation is not as good as human translation, but it is much better than no translation at all.


5. Volunteer translators sought
 

If you are fluent in any language (including modern, ancient, or synthetic), and would like to volunteer your time to translate an article that interests you, we would be delighted to receive your help.

 

2. New by Kopel

"The Gold Standard of Gun Control," Journal of Law, Economics & Policy. (2006, forthcoming). Book review of Joyce Malcolm's "Guns and Violence: The English Experience."

With Paul Gallant & Joanne D. Eisen.

http://www.davekopel.com/2A/Foreign/

gold-standard-of-gun-control.pdf
PDF files require Adobe Acrobat Reader or similar software.
http://www.davekopel.com/2A/Foreign/The-Gold-Standard-of-Gun-Control.htm
http://www.gmu.edu/org/jlep/

Please see the PDF and HTML files noted above.

Podcast on Colorado firearms preemption case

http://www.davekopel.com/2A/IB/Preemption

OfLocalFirearmsLawBackgrounder.htm
http://www.davekopel.com/2A/IB/Limited-Preemption.htm
http://www.davekopel.com/2A/IP/SquirtGunBans.htm
http://www.davekopel.com/2A/OpEds/spot_the_crimes.htm
http://www.i2i.org/ivoices/audio/iipodcast28.mp3

On Monday, the Colorado Supreme Court announced that it was divided 3-3 on the appeal of a case involving Denver's challenge to the Colorado state law preempting some of Denver's anti-gun laws. As a result, the decision of the Denver District Judge stands: Denver may retain some of the gun laws (the "assault weapons" ban, the "Saturday Night Special ban," and the near-prohibition on the open carrying of firearms) which had been preempted by state law. The tie vote existed because after the retirement of Justice Rebecca Love Kourlis, the court vacancy was filled by Allison Eid. As Solicitor General for Colorado, Eid had argued the case on behalf of Colorado (and against the City of Denver) during oral argument in December, so Justice Eid recused herself from the decision of the case.

In a new podcast on iVoices.org, I explain the decision, and its ramifications. An Independence Institute Issue Backgrounder (see link above) I wrote in 1999 explains the need for a Colorado preemption law. A 2003 Backgrounder (see link above) details the limited preemption law (much less sweeping than similar laws in the overwhelming majority of states) which Colorado was about to enact. An Issue Paper from 1993 (see link above) describes Denver's very repressive laws regarding juveniles and guns. (The preemption of some of the Denver laws, such as the ban on juveniles even touching guns under adult supervision, was upheld by the district court; one item raised in the Issue Paper--the overly broad definition of "weapon" was fixed at the behest of City Councilman Tim Sandos before the ordinance was enacted.) An op-ed by Donald DeKieffer (see link above) illustrates the absurdity of Denver's juvenile laws.


 

3. Kopel Blogging

D-Day was almost a German holiday:

The Volokh Conspiracy
June 6, 2006
http://www.davekopel.com/NRO/2000/Why-D-Day-Mattered.htm
http://volokh.com/archives/archive_2006_06_04-2

006_06_10.shtml#1149614812

During World War II, the importance of an armed citizenry for defense against foreign tyranny was once again confirmed, as Dan Gifford and I suggested in a 1994 column for the D-Day anniversary. In another column, "Why D-Day Mattered," I examine the various hypotheticals about D-Day, such as the consequences of a defeat of the invasion, or of an invasion in 1943.

Wisconsin Court Upholds Ban on Gun Carrying in Cars

The Volokh Conspiracy
May 17, 2006
http://www.davekopel.com/2A/LawRev/

The-Licensing-of-Concealed-Handguns-for-Lawful-Protection.pdf
PDF files require Adobe Acrobat Reader or similar software.
http://www.davekopel.com/citations-of-kopel.htm
http://volokh.com/archives/archive_2006_

05_14-2006_05_20.shtml#1147894267

The Wisconsin Supreme Court has announced its 4-3 decision in Wisconsin v. Fischer. Previously, the Court had held that Wisconsin's complete prohibition on concealed handgun carry could not constitutionally be applied to carrying in one's home or place of business. However, the Court also ruled that Wisconsin's constitutional right to arms did not forbid the prohibition of concealed carry in an automobile. Today's decision examined the case of a tavern owner who carried large sums of cash in his automobile after closing the tavern late at night in dangerous neighborhood. The majority of the court held that automobile carry was constitutionally protected only in "extraordinary" circumstances, which the majority said were not present in the instant case.

Three dissenters would have ruled that the concealed carry prohibition could not constitutionally be applied to the instant case. One of the three wrote a dissenting opinion in which he argued that Wisconsin's total ban on concealed carry should be held facially unconstitutional, in light of the right to arms which Wisconsin voters overwhelmingly added to their state constitution in 1998. The dissent briefly cited an Albany Law Review article (see link above) I wrote about the previous Wisconsin cases. This is my 8th state supreme court citation (see link above), for those of you who are counting.


4. International

Belgium

MPs give green light to tighter gun control laws

Expactica web service
May 19, 2006
http://www.expatica.com/source/site_article.asp?

subchannel_id=48&story_id=30144&name=MPs+

give+green+light+to+tighter+gun+control+laws

MPs in the Belgian Parliament voted almost unanimously in favour on Thursday night of new tighter gun control laws in the wake of a double homicide.


Canada

Government takes action to eliminate the costly and ineffective long-gun registry

Press Release
Public Safety and Emergency Preparedness Canada
May 17, 2006
http://www.psepc-sppcc.gc.ca/media/nr/2006/nr20060517-en.asp

"The Honourable Stockwell Day, Minister of Public Safety, today announced the Government's plan to eliminate the long-gun registry and to better meet law enforcement needs while reducing burdens on law-abiding long-gun owners."


Iraq

Crackdown Announced for Baghdad: Iraqi Leadership Imposes Gun Ban, Revises Curfew as Part of Anti-Violence Initiative

Joshua Partlow and Hasan Shammari
The Washington Post
June 14, 2006
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/13/AR2006061301417.html

"Residents will not be allowed to carry guns outside their homes, and more patrols and checkpoints are planned to raise the visibility of the military."


Kenya

Kenya firearms hunt stokes mistrust

Karen Allen
BBC News, Africa
May 4, 2006
http://news.bbc.co.uk/2/hi/africa/4974802.stm

"We are only intimidating villagers by our presence... we're telling them 'please hand over your weapons... you don't need them'."


Malaysia

Guns: More good than bad or ugly

Zainul Arifin
New Straits Times (Malaysia)
June 14, 2006
http://www.nst.com.my/Current_News/nst/Wednesday/

Columns/20060614082533/Article/index_html

"A well-supervised handling of guns is much safer than a Saturday night out with friends with a newly-minted driving licence."


South Africa

Nqakula does about-turn on relicensing of legal weapons

Wyndham Hartley
Business Day - South Africa
June 1, 2006
http://www.aquilagroup.co.za/content.asp?PageID=494

"Safety and Security Minister Charles Nqakula has done an about-turn on existing gun licences, with the latest draft legislation insisting that all existing legal guns be relicensed."

Cabinet approves firearm bill

South African Press Association
May 18, 2006
http://iafrica.com/news/sa/675095.htm

South Africa's Cabinet has approved draft legislation for their Parliament which would relax some of the more onerous provisions of South Africa's latest round of firearms licensing laws.

Farmer arrested after intruder shot

South African Press Association
June 5, 2006
http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_1945812,00.html

A South African farmer who fatally shot a shopbreaker after the man attacked him with a knife faces a charge of murder.


Switzerland

Top skier murdered at Alpine chalet

Roger Boyes
The Times Online
May 2, 2006
http://yass.newsint.co.uk/03643024-3256-922531/http%3A%2F%2

Fwww.timesonline.co.uk%2Farticle%2F0%2C%2C26909-2160525%2C00.html

Swiss police yesterday began a nationwide manhunt for Gerold Stadler, Corinne Rey-Bellet's husband, who was suspected of killing not only his 33-year-old wife but also her younger brother, Alain. Ms Rey-Bellet's mother, Verena, was wounded and was said last night to be in a serious but stable condition.

Senate backs revision of weapons law

SwissInfo (Switzerland)
June 8, 2006
http://www.swissinfo.org/eng/politics/detail/

Right_to_bear_arms_set_to_trigger_new_debate.html?siteSect=111&sid=6787631&cKey=1149746413000

"The Swiss Senate has come out in favour of slightly stricter rules for purchasing and keeping firearms, but a significant tightening of the law was not on the table."


United Kingdom

Why all true citizens need their own guns

Dr. Sean Gabb
Birmingham Post (UK)
June 7, 2006
http://icbirmingham.icnetwork.co.uk/birminghampost/perspective/

features/tm_objectid=17189805%26method=

full%26siteid=50002-name_page.html

"If we want to do something about armed crime that has any chance of working, we need to rethink our entire approach. I would suggest that, instead of trying to remove weapons from society, the authorities should allow us to keep weapons for defence and to use them for defence."

Allow Taser guns, pleads burgled Tory

Daily Post (North Wales)
June 5, 2006
http://icwales.icnetwork.co.uk/0100news/0200wales/tm_objectid

=17180176&method=full&siteid=50082&headline=

let-homeowners-use-taser-guns-name_page.html

"A Conservative MP said homeowners should be allowed to arm themselves with Taser guns today after his house was burgled while his family was asleep."


United Nations Anti-gun Conference

Conference Side Events

Schedule of the UN Conference to Review Progress Made in the Implementation of the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects: New York, 27 June - 7 July 2006
June 19, 2006
http://www.un.org/events/smallarms2006/side-events.html

Seminar topics and Non-Governmental Organizations (NGO's) involved in this effort to disarm civilians throughout the world can be found at this site.

U.N., Swiss call small-arms meet, U.S. not invited

Reuters
May 31, 2006
http://today.reuters.com/News/CrisesArticle.aspx?storyId=L31200866

"The United Nations and the Swiss government said on Wednesday they were calling a high-level international meeting next week on armed violence and development--but the United States was not invited." The Bush administration has been quite adamant in asserting that no international treaties will be allowed to affect rights granted under the Constitution of the United States.

Michael Douglas backs U.N. gun ban: TV commercial 'spotlights the illicit trade in small arms and light weapons

Worldnetdaily.com
May 28, 2006
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=50407

"Actor Michael Douglas - who for many years has been designated by the United Nations as a "U.N. peace messenger" - is backing the global body's upcoming conference on small arms trafficking."

New Report on Global Gun Crisis Calls for Action

Press Release
International Action Network on Small Arms

http://www.iansa.org/media/releases/IANSA-report-press-release.pdf
PDF files require Adobe Acrobat Reader or similar software.

Those familiar with the domestic U.S. debate on firearms ownership will note familiar themes: 'Gun Violence,' 'an epidemic,' and uncited numerical assertions.

2006: Bringing the Global Gun Crisis Under Control

Press Release
International Action Network on Small Arms

http://www.iansa.org/media/releases/IANSA-report-summary.pdf
PDF files require Adobe Acrobat Reader or similar software.

More of the same, with the theme that 'guns must be kept out of the hands of those likely to misuse them,' genocidal governments notably not mentioned in the subsequent use of potential abusers.

2006: Bringing the Global Gun Crisis Under Control

Full Media Briefing
International Action Network on Small Arms

http://www.iansa.org/members/IANSA-media-briefing-low-res.pdf
PDF files require Adobe Acrobat Reader or similar software.

'Lurid' is a very fair description of the art and prose.


5. States

Arizona

Napolitano signs bill on gun storage

Associated Press (AZ)
May 20, 2006
http://kvoa.com/Global/story.asp?S=4928633&nav=HMO6HMaW

"Gov. Janet Napolitano on Friday signed into law a bill to generally prohibit the state, except for the Legislature, and local governments from creating new laws or rules relating to the possession or storage of firearms.


Delaware

Concealed carry bill in Delaware weighed down with amendments

Randall Chase
Associated Press (DE)
May 8, 2006
http://www.newszap.com/articles/2006/

05/07/dm/sussex_county/dsn03.txt

"Opponents of a bill that would make it easier for Delaware residents to get permits to carry concealed weapons are trying to kill the proposal by weighing it down with amendments, supporters say." Most of the amendments attached to the legislation have come from an avowed opponent of the bill.


Michigan

Michigan Senate approves self-defense bills

Associated Press (MI)
June 6, 2006
http://wwmt.com/engine.pl?station=wwmt&id=

27070&template=breakout_state.html

"The measures would allow people to use deadly force--with no duty to retreat--if they reasonably think they face imminent death, great bodily harm or sexual assault. The legislation also would protect people from civil lawsuits if they have used force in self-defense.


New Hampshire

Gov. Lynch vetoes bill expanding use of deadly force

Anne Saunders
Associated Press (NH)
May 12, 2006
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20060512/REPOSITORY/60512003/1030

"Flanked by more than 40 police officers and prosecutors, Gov. John Lynch vetoed legislation today that would have made it easier for people to use deadly force in public places."


New Jersey

Assembly OKs bills aimed at gangs, guns: GOP says proposals are too broad

Rick Hepp
The Times (NJ)
May 23, 2006
http://www.nj.com/news/times/index.ssf?/base/news-1/1148371801225040.xml&coll=5

"Republicans said bills in the package that stiffen penalties for firearms possession and regulate the sale of ammunition are overly broad and shortsighted. They attempted to amend the controversial bills and have them sent back to committee. In each case the majority Democrats voted against them."


Oklahoma

Gov. Henry Signs 'Stand Your Ground' Law

Press Release
Office of Governor Brad Henry (OK)
May 12, 2006
http://www.gov.ok.gov/display_article.php?article_id=744&article_type=1

"Dubbed the 'Stand Your Ground' law, House Bill 2615 expands the 'Make My Day' law that allows Oklahomans to use deadly force if someone breaks into their home."


Vermont

Governor signs gun range bill

Darren M. Allen
The Barre-Montgomery Times Argus (VT)
May 23, 2006
http://www.timesargus.com/apps/pbcs.dll/article?AID=

/20060523/NEWS/605230345/1003/EDUCATION05

"Vermonters who live next to shooting ranges now have a much harder time suing over the noise of gunfire under a new law signed Monday by Gov. James Douglas."


Virginia

Gov. Kaine vetoes gun bill, 7 others

Michael Sluss
Roanoke Times (VA)
May 20, 2006
http://www.roanoke.com/politics/wb/wb/xp-65916

"Gov. Tim Kaine has vetoed legislation that would have curbed local government authority to control firearms along highways, a move that drew criticism from the bill's sponsor."


6. State and Local

Gun backers had good year

Jason Garcia
Orlando Sentinel (FL)
June 8, 2006
http://www.orlandosentinel.com/news/local/state/

orl-guns0806jun08,0,112797.story?coll=orl-news-headlines-state

"Gov. Jeb Bush on Wednesday signed a package of six NRA-backed bills passed this spring by the Republican-controlled Legislature, including a measure (HB 687) that makes personal information about people who carry concealed weapons exempt from the state's public-records laws."

NRA Pushes Anti-Gun Confiscation Pledge As Meeting Opens

Greg J. Borowski and Darryl Enriquez
Milwaukee Journal Sentinel
May 18, 2006
http://www.jsonline.com/story/index.aspx?id=425123

At its annual meeting in Milwaukee, the National Rifle Association began a program to convince mayors and police chiefs to swear never to confiscate guns in times of emergencies.

Gun nonsense in Mississippi

Cam Edwards
Townhall.com
May 11, 2006
http://www.townhall.com/opinion/columns/

CamEdwards/2006/05/11/196824.html

This columnist discusses the attitudes of New York City's Mayor Bloomberg, and Jackson, Mississippi Mayor Frank Melton.

Targets Of NYC Gun-Purchase Sting Deny Responsibility

Rich Schapiro and Nicole Bode
New York Daily News
May 17, 2006
http://www.nydailynews.com/front/story/418549p-353404c.html

"Gun store owners on Mayor Bloomberg's list of the "worst of the worst" weapons dealers fired back yesterday - contending they are law-abiding small-towners who are not responsible for lawbreakers in the big city." The Mayor of New York City has sued out-of-state gun dealers for allegedly assisting in straw purchases of guns involved in crimes there.

Simplistic assault on guns doesn't target the bad guys

Richard S. Davis
The Herald (Everett, WA)
May 10, 2006
http://www.heraldnet.com/stories/06/05/10/100opi_davis001.cfm

"The world's an unsafe place, not because of guns, but because of bad guys who must be stopped. Sometimes with a gun."


7. Terrorism

Congress Shocked To Discover Problems With Air Marshals

"Captain Ed"
Captain's Quarters Web Log

http://www.captainsquartersblog.com/mt/archives/007023.php

"A report released to the AP last night will inform Congress of what readers of CQ and Michelle Malkin have known for eighteen months--that the management of the Federal Air Marshal Service has repeatedly undermined the mission through robotic insistence on dress codes and travel policies that do everything except tape a 'Kill Me First' sign on the backs of supposedly covert agents."


8. Law

AG candidates and their lawsuits: Dustin McDaniel

Ted Frank
Overlawered.com
June 16, 2006
http://www.overlawyered.com/2006/06/

ag_candidates_and_their_lawsui.html

In 1998, two boys, Mitchell Johnson and Andrew Golden, stole guns from a locked cabinet and engaged in a school shooting at Westside Middle School in Jonesboro, Arkansas, that killed five people. The boys were eventually convicted of capital murder. 2006 Democratic nominee for Attorney General Dustin McDaniel, representing the families of the victims, sued the gun manufacturers. (Kenneth Heard, "Public defenders agency to pay for Jonesboro shooters civil case", Arkansas Democrat-Gazette, July 27, 1999). A judge threw out the suit, but the defendants had to spend money to defend themselves, part of a trial attorney campaign against gun manufacturers. (Kenneth Heard, "Gun maker, grandfather dropped from school shooting suit", Arkansas Democrat-Gazette, May 10, 2000). The suit was further controversial because a judge ordered taxpayers to pick up the cost of defending the civil lawsuit against the two shooters.

New Law Results in California Judge Dismissing Lawsuit Against Firearm Manufacturers

Press Release
National Shooting Sports Foundation Market Wire
May 19, 2006
http://www.marketwire.com/mw/release_html_b1?release_id=130476

"Citing the Protection of Lawful Commerce in Arms Act that blocks unwarranted lawsuits against firearms manufacturers, Los Angeles County Superior Court Judge Charles W. Stoll today ruled from the bench ordering complete dismissal of all causes of action against defendants Beretta, Smith & Wesson, Colt and Turners Outdoor Sports, a California firearms dealer, in a case involving the gang murder of a Burbank police officer."

Bastible v. Weyerhaeuser Co., 10th Cir., Nos. 05-7037, 05-7038 and 05-7039.

10th Circuit Court of Appeals
February 13, 2006
http://laws.lp.findlaw.com/10th/057037.html

Eight employees who were fired after company security personnel found guns in their vehicles in the company parking lot failed to prove that the employer violated their state law right to bear arms, the 10th U.S. Circuit Court of Appeals ruled.

D.C. Suit Against Gun Makers Dismissed Under Federal Law

Press Release
National Shooting Sports Foundation Market Wire
May 22, 2006
http://www.marketwire.com/mw/release_html_b1?release_id=130754

"Citing a recently enacted federal law that blocks civil lawsuits against firearms manufacturers when criminals misuse firearms, Washington, D.C. superior court judge Brook Hedge today threw out a lawsuit against 25 firearms manufacturers, including Accokeek, Maryland-based Beretta U.S.A. Corp., Smith & Wesson, Ruger, Colt and Glock."

Bloomberg vs. Guns

Michael Silence
Knox News Sentinel (TN) Blog on Blogs
May 24, 2006
http://blogs.knoxnews.com/knx/silence/archives/

2006/05/bloomberg_vs_gu.shtml

NYC Mayor Bloomberg's lawsuits against out-of-state gun dealers may in themselves violate federal law. 

The Wisconsin Supreme Court Defines 'Reasonable'

Clayton W. Cramer
The Shotgun News
June 19, 2006
http://www.shotgunnews.com/cramer/
http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=25165
PDF files require Adobe Acrobat Reader or similar software.

Cramer analyzes the State of Wisconsin's Supreme Court's recent decision of a state RKBA case. Compare with Dave's analysis in his blog entry above. For the case itself, see

http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=25165


 

9. Research

It's Time for Gun Control Proponents to Reclaim the Constitutional High Ground

Saul Cornell
History News Service
May 15, 2006
http://www.hnn.us/articles/24828.html

Some remarkably dubious historical arguments grace this plea for advocates of civilian disarmament in the United States to find their justification for it in the Constitution.

Concealed Carry Legislation: An Examination of the Facts

David Dodenhoff
Wisconsin Policy Institute Report, Volume 19 No. 4
May, 2006
http://www.wpri.org/Reports/Volume19/Vol19no4.pdf
PDF files require Adobe Acrobat Reader or similar software.

A lengthy, reasoned analysis of the justifications for 'shall issue' concealed carry permits.]

FBI Lab Stops Analyzing Gunshot Residue

Julie Bykowicz
Baltimore Sun
May 26, 2006
http://www.baltimoresun.com/news/nationworld/bal-te.md.residue2

6may26,0,7235752.story?coll=bal-home-headlines

"The FBI is no longer analyzing gunshot residue in its investigations, a blow to once highly regarded evidence used to suggest that a suspected criminal had fired a weapon."

Legal Gun Ownership Saves Lives

John Barnes
Washington Policy Center
May 17, 2006
http://www.washingtonpolicy.org/GovtRegulations

/OP_EDgunownershipmay2006.htm

"Research shows at least 2.5 million protective uses of guns each year in the U.S. Guns are used about three to five times as often for defensive purposes as for criminal purposes. Most often the mere sight of a gun prevents a crime from occurring or getting worse."

Closer to a safety target

Tom Avril
The Philadelphia Inquirer
May 25, 2006
http://www.philly.com/mld/inquirer/14660214.htm

Millions of dollars worth of research is yet required to produce a functional 'smart gun' that would only be usable by a single individual. Experts are divided about such a weapon's utility.

In Harm's Way: Guns and Kids

Sandra G. Boodman
The Washington Post
May 30, 2006
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/29/AR2006052900755.html
http://www.hsph.harvard.edu/hicrc/Firearms.htm

"Gun-owning parents who think their children don't know where firearms are kept or haven't handled the weapons without permission may be in for a disturbing surprise." The article makes reference to a study by the Harvard Injury Control Research Center, which has a list of their firearms research at the second link above. There are no positive conclusions about firearms ownership.

 

10. Culture

Gun Talk Radio

Presented by the Outdoor Channel
June 7, 2006
http://www.guntalk.com

"The only national radio talk show about guns has greatly expanded its reach with the addition of the XM satellite radio system to its distribution. 'Tom Gresham's Gun Talk' is a live, three-hour broadcast about firearms--the technical, the topical, and the political--hosted by award-winning firearms writer/author/broadcaster, Tom Gresham. Now in its twelfth year on the air, "Gun Talk" (presented by The Outdoor Channel) is carried on radio stations in 50 markets, on the Sirius satellite system, and is heard worldwide through live web streaming and MP3 downloads at. The addition of the XM satellite coverage increases the potential audience by more than five million."

Gun law expert urges American firearm owners in Catholic Church to send Vatican tough self-defense life message

John Snyder
Newsreleasewire.com
June 6, 2006
http://www.expertclick.com/NewsReleaseWire/default.cfm?Action=ReleaseDetail&ID=12793

"Law-abiding Catholic firearm owners in the United States should let Church officials know in no uncertain terms that hierarchical opposition to gun rights and the use of firearms to defend life from violent criminal attack simply will not be tolerated," says gun law expert John M. Snyder.

ABC News Bias: Assigns Anti-Gunner on Staff to Cover Gun Issues

Press Release
U.S. Newswire of the Second Amendment Foundation
May 25, 2006
http://releases.usnewswire.com/GetRelease.asp?id=66479

"It looks like ABC News has no problem at all with the appearance of bias, now that they've assigned a reporter who used to work for Handgun Control, Inc. to cover firearms-related stories..."

Gun buybacks a shot in the dark

Joan Vennochi
Boston Globe
June 1, 2006
http://www.boston.com/news/globe/editorial_opinion/oped/

articles/2006/06/01/gun_buybacks_a_shot_in_the_dark/

Target is supporting Boston's gun turn-in program with $200 gift cards; the writer doubts that the program will have any good effects.


This newsletter is compiled with help from Dr. Rob S. Rice.

For more on this mysterious, if well-motivated individual:

http://ccat.sas.upenn.edu/rrice/rrice_hd.html

Dr. Rice is also a poet, novelist, and factotum of matters electronic to Dave Kopel.

 

Al Qaeda delenda est! 

 
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