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Dave Kopel's Second Amendment NewsletterSeptember 15, 2008 The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free. Delivery of this newsletter comes courtesy of the Second Amendment
Foundation, in Bellevue, Washington. Please visit Dave Kopel's website, containing articles on the Second
Amendment and other freedom topics. To subscribe to this free e-mail newsletter, please send a request to: Table of Contents
New by KopelNew Book!The Heller Case: Gun Rights Affirmed!David Kopel with Alan Korwin Law review articles and monographsThe Natural Right of Self-Defense: Heller's Lesson for the WorldDavid B. Kopel From a forthcoming symposium issue on Heller. Abstract: "The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law." Pacifist-Aggressives vs. the Second Amendment: An Analysis of Modern Philosophies of Compulsory Non-violence.David B. Kopel Some of the philosophical roots of the Brady Campaign’s hatred of
self-defense and "gundamentalism." Christian Pacifism Before ConstantineDavid B. Kopel This paper presents evidence of diversity on early orthodox Christian belief and practice on the issue of pacifism. The claims of some modern writers that pre-Constantinian orthodox Christians were almost all pacifist are not correct. In fact, some but not all of the early Patristic writers were pacifists. A significant number of Christians, including saints, served in the Roman army. The paper discusses Justin Martyr, Marcion, Irenaeus, Athenagoras, Clement of Alexandria, Tertullian, Hippolytus, Julius Africanus, Origen, Cyprian, Arnobius, and Lactantius, and also examines other sources of information about the early church. New Shorter ArticlesWhat Next for D.C.'s Gun LawsDavid B. Kopel with Robert A. Levy Congress should intervene to protect the Second Amendment. Media's hypocritical fixation on Palin a boon to McCainDavid B. Kopel The culture wars are now a factor in the 2008 campaign. After Heller: The New American Debate on GunsDavid B. Kopel, Robert A. Levy, Dennis Henigan, and Erwin Chemerinsky This is a Weblog debate about the Heller case and its implications. Participants are Bob Levy of the Cato Institute, Kopel, Dennis Henigan of the Brady Campaign, and Erwin Chemerinsky. Kopel's entries are: "The Right to Bear Arms and 'Sensible' Gun Laws" http://tinyurl.com/69ag8g; "Slope Still Slippery" http://tinyurl.com/69ag8g; "More on the 'The' and Pre-existing Rights" http://tinyurl.com/6558nz; "One Man's 'Sensible' is Another Man's 'Extreme'" http://tinyurl.com/5z39cz; "What Did They Mean in Massachusetts? "http://tinyurl.com/6dgktd; "The NRA and the Supreme Court" http://tinyurl.com/6n4s9r; and "In Scalia's Defense." http://tinyurl.com/6xg5gm Freedom Unbound!David B. Kopel In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans. Text and Twitter Your Way to VictoryDavid B. Kopel "Barack Obama’s Democratic nomination triumph reprises one of the oldest stories in American politics: that victory so often goes to the candidates who best understand and exploit novel mediums of communication." Full Picture of Obama EmergingDavid B. Kopel What the media hasn't told you about the socialist, racialist, Barack Obama Sr. Plus, there is a bogus claim from Time that older Jewish voters who don't back Obama must be racist. Interfaith Speakers Raise QuestionsDavid B. Kopel "One of the speakers was Sister Helen Prejean, a Catholic who is one of America's leading crusaders against the death penalty... Also speaking at the prayer session was Ingrid Mattson, President of the Islamic Society of North America (ISNA)." Al-Jazeera analysis of Biden severely FlawedDavid B. Kopel Dave clarifies the truth that contradicts what Al-Jazeera told its viewers about Biden, and the 'Rum, Romanism, and Rebellion' remark that cost the Republicans the presidential election of 1884. D.C. City Council's False "Findings" of Facts on FirearmsDavid B. Kopel D.C. City Councilman Harry Thomas has introduced a resolution titled "Sense of the Council of Future Handgun Resolution of 2008." He uses incorrect assumptions and false data to justify it. The United Nations vs. the Second AmendmentDavid B. Kopel Despite protestations to the contrary, the U.N. remains quite interested in constricting lawful gun ownership. Magazine ArticleThe Calvinist ConnectionDavid B. Kopel First year law students may be interested in observing the importance of contract law in the right of revolution against tyranny. Presidential CandidatesSarah PalinLiberal media attacks: Sarah, Get Your Gun!Sandy Froman NRA Immediate Past President Sandy Froman here notes that the new Republican Vice-Presidential nominee may expect a storm of sexism, such as she encountered, from its ostensible opponents on the Left. Girl PowerSandy Froman with Gretchen Carlson Carlson interviews NRA Immediate Past President Sandy Froman here for her take on the selection of Alaskan governor Sarah Palin as McCain's running mate. Day 4: Ramsay Reports, Former NRA PresidentSandry Froman with Ramsy Wharton Here is yet another video interview with former NRA President Sandy Froman about Sarah Palin's selection. When Barack's Berserkers Lost the PlotNick Cohen "When a hate campaign goes wrong, however, disaster follows. And everything that could go wrong with the campaign against Palin did." Palin Exposes the Cultural DivideSimon Tisdall "The Republican's vice-presidential candidate has come in for some stick since her nomination, but much of it has been unfair and divisive." The bogus Sarah Palin Banned Books ListMichelle Malkin "Take a look at the list below and you’ll find books Gov. Palin supposedly tried to ban. . . that hadn’t even been published yet. Example: The Harry Potter books, the first of which wasn’t published until 1998." Palin RumorsCharles R. Martin An ongoing list, with reader discussion, of rumors hatched in the hope of damaging Sarah Palin. As of this writing, 71. Barack Obama125 Shot Dead In Chicago Over Summer: Total Is About Double The U.S. Troop Death Toll In IraqCBS2chicago.com "An estimated 125 people were shot and killed over the summer. That's nearly
double the number of U.S.A. soldiers killed in Iraq over the same time period."
As a state senator, Obama fought hard to prevent the weakening of Chicago's
dysfunctionial gun laws. Obama's AimDavid Freddoso "In 2007, Senator Barack Obama stood up for a gun owner. He endorsed Chicago
Alderman Dorothy Tillman in her Democratic primary. Not only was she a gun
owner, but she had even pulled a gun on her colleagues during a contentious 1991
ward redistricting hearing. . ." Kilpatrick to city: ‘There’s another day for me’M.L. Elrick, Jim Schaefer, Joe Swickard and Ben Schmitt "In a courtroom this morning, Kilpatrick pleaded guilty to two felony counts
of obstructing justice by committing perjury." Kilpatrick has been a prominent
supporter of Barack Obama's candidacy, and a member of New York City mayor
Bloomberg's Mayors Against Illegal Guns coalition. Congressman Hinchey Accused of Swatting NRA RepChristine Pizzuti "Rep. Maurice Hinchey, D-Hurley, is due in town court Sept. 9 to face a second-degree harassment charge after he allegedly swatted an NRA representative on the head at the Rosendale Street Fair in July." Rep. Hinchey has a 'C' rating from the NRA's 'Vote Smart' program evaluating members of Congress on 2nd Amendment issues. He was one of the superdelegates pledged to nominate Barack Obama at the recent DNC convention. Congressman Hinchey (D, Ithaca, NY) charged with striking constituentAssociated Press Here are details of Rep. Hinchey's career, which included a 'No Contest' plea
to illegally carrying a loaded handgun in his baggage at a Washington D.C.
airport in 1995. GunBaNObamaInformational Web Page NRA’s Political Victory Fund has established this web page, which contains
data to illustrate the gulf between Barack Obama's claims of support for
civilian ownership of firearms and his recent statements and actions. 18 Million Silenced in Denver"Alegre" "Regarding the [Democratic Party convention] roll call vote. I've spoken to
many delegates in many states. It appears that the delegates who were pressured
the most were in the Swing States. Anyone who had any sort of job in politics or
the DNC were pressured the most to switch. Many Governors demanded that their
delegates switch because they would not get any money for their state races if
they did not. It boils down to the fact that the Obama campaign had power over
the State Party Chairs. These State Party Chairs get the money for all of their
candidates. If they did not switch they were threatened." Joe BidenSenator Obama's Choice, Joe Biden, a Good One for Gun Violence ReductionPress Release "The Brady Campaign to Prevent Gun Violence praised Senator Barack Obama's
choice for his vice presidential running mate, Senator Joe Biden. 'Joe Biden is
a straight talker about the need for common sense laws to keep dangerous people
from getting dangerous weapons,' said Paul Helmke, President of the Brady
Campaign to Prevent Gun Violence." InternationalCanadaNewfoundlanders have Highest Per-capita Firearms Ownership in CountryDavid Whalen "If the federal government's numbers are right, Newfoundlanders and
Labradorians are Canada's most heavily armed citizens, but also its least
trigger-happy." New Quebec Gun Legislation Comes into Force TodayCanadian Press "The law bans the possession of firearms in schools and daycare centres and
on public and school transportation." ChinaStudy says China Top Violator of Sudan EmbargoBarry Schweid "China has been the 'most egregious violator' of a worldwide arms embargo,
providing Sudan with the vast majority of its small arms and weapons used for
mass murder in Darfur province, a private study group is charging." PhilippinesArming Civilians "But why should citizens arm themselves and constitute themselves into a
defense force when there are entities required by law to protect them from
lawless elements?" South AfricaGun law to be challenged in ConcourtSapa "The government’s refusal to pay compensation for firearms handed in under
the year 2000 Firearms Control Act is being challenged in court as
unconstitutional."
UgandaWhy Has Karamoja Failed to Disarm?Frederick Womakuyu "Despite the Government's efforts to disarm the Karimojong, recent reports
indicate that the region has more firearms than anticipated. The Government has
so far recovered 25,000 guns but a recent report by Small Arms Survey, a
regional body that researches on armed pastoral areas, indicates that Karamoja
has more than 150,000 guns." United KingdomYou have the right to shoot dead a burglarRichard Edwards and Christopher Hope "Home owners and others acting in self-defence were yesterday given the legal
right for the first time to fight back against burglars and muggers free from
fear of prosecution." Calls for Tighter Gun Controls after Toddler ShootingThe Birmingham Mail (UK) "Campaigners today called for legislation to make airgun owners liable for
their misuse after an 18-month-old boy was shot in the head with one of the
weapons." United Nations/IANSATreaty Conference Seeks to Regulate Global Arms TradeAlisha Ryu "Ministers and civil society leaders from 18 African countries, U.N.
disarmament officials, and arms-control advocates are meeting in the Kenyan
capital Nairobi to try to form a united position on a proposed treaty to
regulate the global arms trade." Ban welcomes new UN centre pushing for disarmament in Asia-PacificPress Release "Secretary-General Ban Ki-moon today welcomed the launch of a new United
Nations facility promoting disarmament and non-proliferation in the Asia-Pacific
region. The UN Regional Centre for Peace and Disarmament in Asia and the
Pacific, based in Kathmandu, Nepal, will focus on nuclear proliferation, illicit
trafficking of small arms and light weapons, landmines and explosive remnants of
war, terrorism and organized crime, and armed conflicts." Safe SchoolsColleges Confront Shootings with Survival TrainingThe Associated Press "Hundreds of colleges across the nation have purchased a training program
that teaches professors and students not to take campus threats lying down but
to fight back with any 'improvised weapon,' from a backpack to a laptop
computer." In Texas School, Teachers Carry Books and GunsJames C. McKinley Jr. The New York Times offers its own perspective on a Texas School District's decision to allow selected teachers to carry a concealed weapon for the protection of themselves and their students. Small Texas School District Lets Teachers, Staff Pack PistolsMark Agee "Superintendent David Thweatt said a main concern was that the small
community is a 30-minute drive from the sheriff’s office, leaving students and
teachers without protection." Here is a different perspective from that of the
Times. Regents Shoot Down Gun ProposalLaura Snider "Regent Stephen Ludwig, a Democrat from Aurora, was the first to respond to
Mote’s presentation: 'If you seek to change the policy of this board, I would
strongly suggest you find some rhetoric that is based on sound logic rather than
inflammatory statements. I’d be hard-pressed to ever support conceal and
carry.' " CultureNational Rifle Association Has Big Boost in Popularity"irishr" A poll by the Rasmussen Report found that the NRA's overall popularity rating
increased after the Heller ruling, but that the organization's
endorsement was slightly more likely to hurt John McCain's candidacy among
respondents than to influence them to vote for McCain. NRA Insights: News for Young ShootersInformational Web Page "The National Rifle Association announces the official launch of
NRAInSights.org, a comprehensive interactive website designed for NRA Junior
members and their peers, created and maintained by NRA Publications, contains
classic website essentials-games, videos and forums-as well as information
making the site useful for educational purposes." Survey: Alabama Gung-ho for GunsBrian Lyman "Sixty-six percent of respondents said they own a gun and 46 percent have a
permit to carry a concealed weapon. The telephone survey of 424 Alabama
residents was conducted Monday through Thursday, with a 5-percentage-point
margin of error." State and LocalIllinoisChicago Suburb Drops Ban On Private Possession Of HandgunsPress Release "This week, the Village of Morton Grove, Illinois agreed to a stipulated
dismissal of a NRA lawsuit challenging the village's gun ban. A new town
ordinance recognizes the right to private handgun ownership, bringing an end to
NRA's lawsuit against the village. Morton Grove completely dismissed its
ordinance banning handguns and agreed not to replace it with any direct
regulation other than to adopt existing state laws." The removal of Morton
Grove's ban on the ownership of handguns has been much less heralded than was
its imposition. Wilmette Latest Illinois City To Scrap Gun Ban In Wake Of Heller DecisionPress Release "Wilmette officials have reportedly said the ban would probably not withstand
legal challenges. A story on today's Chicagotribune.com noted that, unlike the
other suburbs, Wilmette officials say they believe NRA didn't file suit against
them because the village stopped enforcing the ban right after the Supreme Court
ruling. The article also reported that Wilmette trustee Lali Watt says she
doesn't believe her town has the necessary resources to fight NRA and keep the
ban. LouisianaJindal Signs Bill Governing Guns at WorkplaceAssociated Press "Over the objections of five powerful trade associations, Governor Bobby
Jindal has signed into law a bill that gives employees more freedom to take guns
to work." MarylandCity OKs Gun Theft ReportingJohn Fritze "Gun owners in Baltimore whose firearms are stolen would be required to
report the theft to police under legislation approved by the City Council
yesterday -- despite questions about whether the proposal is legal." MassachusettsAuthor Peter Manso Faces a Decade in Prison for Nonviolent Firearms ViolationsJ.D. Tuccille Massachusetts Police searching author Peter Manso's home in response to a
burglar alarm discovered firearms in violation of the Bay State's numerous gun
laws. Manso did not realize that his lifetime gun permit was no longer valid,
because the legislature had retroactively changed the law. Manso, who was not at
home, faces up to a ten year prison sentence. North CarolinaGov. Easley signs 16 Bills into Law: One Measure Denies Weapons to People Involuntarily Committed for Mental Health HelpAssociated Press "It denies weapons to people who have been involuntarily committed to mental
health treatment. Court clerks will be required to put the names in a national
database used in gun background checks." New JerseyUnder New Jersey's New Law, Possession of BB gun Merits Three-year SentenceKen Serrano New Jersey's recently-stiffened Graves Act mandates prison time for anyone
possessing a projectile weapon while committing a crime--such as speeding. OhioHidden Guns Easier to Carry under Ohio Law ChangesBlade Columbus Bureau "Concealed weapons permit holders can now keep a gun hidden in a car as long
as they're carrying it in a secure holster, one of several changes to Ohio's
conceal carry law taking effect Monday." LawOne of The First Post-Heller Second Amendment OpinionsEugene Volokh Prof. Volokh here collects and analyzes court rulings issued in the aftermath
of Heller. Wyoming Loses Gun Case in Federal CourtBen Neary Wyoming's efforts to restore the right to concealed carry to citizens convicted of misdemeanor domestic violence failed in a Denver court, which ruled that the state's effort to expunge such convictions from the NICS database was invalid. United States Of America v. Albert Kwok Leung KwanThomas S. Zilly, United States District Judge "Defendant, a reservist, has two handguns (one a semiauto, one a registered
full auto) and two shoulder stocks that would fit either. The shoulder stocks
double as holsters, and he has one handgun in each when ATF raids him (on other
grounds, which turn out to be a legal mistake). Government argument is that the
semiauto plus the stock in which it was holstered equal an unregistered
short-barreled rifle. The District Court says no -- using the Thompson Arms
test, the two stocks had a purpose other than an illicit one, namely being
fitted legally to the full auto." Hinckley Furlough Bid RejectedThe Smoking Gun "A federal judge has rejected presidential assailant John Hinckley's request
for additional time away from the Washington, D.C. psychiatric hospital where he
has been confined for the past 25 years." The web article also contains the text
of the ruling. Research and ScholarshipThe Founders' View of the Right to Bear Arms: A Definitive History of the Second AmendmentDavid E. Young "Mr. Young's new book provides the documented information that conclusively settles every disputed point regarding the Second Amendment's history and intent." Second Amendment Plumbing After Heller: Of Standards of Scrutiny, Incorporation, Well-Regulated Militias and Criminal Street GangsLawrence Rosenthal Rosenthal, a professor at the Chapman University Law school, here argues
against the Heller decision's applicability under the concept of the
2nd Amendment's incorporation into state and local laws under the 14th
Amendment. Heller and Second Amendment PrecedentNelson Lund "This brief essay analyzes Heller's treatment of Miller. The
interpretations of the Second Amendment in the two cases are irreconcilable.
There was no legal need for the Heller Court to treat Miller
as a binding precedent, and no legal excuse for pretending that Miller's
holding was consistent with the interpretation of the Constitution that
Heller rightly adopted. The treatment of Miller appears to be part
of a larger political strategy in which the Court displayed a calculated
faint-heartedness toward the original meaning of the Second Amendment." Lund is
a professor at the Law School of George Mason University. Anticipating the Second Amendment Incorporation: The Role of the Inferior CourtsNelson Lund "Nelson Lund, Anticipating the Second Amendment Incorporation: The Role
of the Inferior Courts, argues that the 2nd Amendment should be
incorporated into the 14th, and applied to the States, and that lower courts
should not rely upon anti-incorporation case law and upon 'it's up to the
Supremes to change things.' " Heller's Future in the Lower CourtsGlenn H. Reynolds & Brannon P. Denning "The repudiation of this extensive body of case law suggests that the real
test of Heller will occur once the lower courts, traditionally hostile
to an individual rights interpretation of the Second Amendment, face the
inevitable follow-up cases challenging other restrictive gun laws." The PDF
version of the article is here:
http://tinyurl.com/5use2z The Wages of Originalist Sin: District of Columbia v. HellerJeffrey M. Shaman "This essay analyzes and critiques District of Columbia v. Heller,
in which the Supreme Court ruled by a 5-4 vote that the Second Amendment of the
Constitution protects an individual right to possess a firearm unconnected with
service in a militia and to use that firearm for self-defense within the home.
Justice Scalia's majority opinion in Heller strictly adheres to his
belief that the Constitution should be interpreted by ascertaining its original
meaning at the time it was adopted. Scalia believes that the Constitution has a
static meaning and that changes in the world around us are of no relevance to
constitutional interpretation. His exposition of the Second Amendment in
Heller is bad history -- simplistic analysis that ignores the complexities
of historical research. And his refusal to examine any policy considerations
regarding the Second Amendment renders its application a desultory matter,
haphazard in function and cabined by outmoded notions." Two Essays on District of Columbia v. HellerMark Tushnet Tushnet, a Harvard Law professor, has two essays soon to appear:(1)
Heller and the New Originalism forthcoming in the Ohio State Law Journal
and (2) Heller and the Perils of Compromise forthcoming in the Lewis &
Clark Law Review. IMPD Tries Out DNA Swabs on GunsVic Ryckaert "Indianapolis metropolitan police will be testing a new tool that will allow
officers to gather DNA from handguns at a crime scene. During the next six
months, officers will be using the Trigger ID device to swab guns before they
are moved, enhancing the chances for recovering DNA evidence, according to a
statement released by IMPD Lt. Jeff Duhamell." This newsletter is compiled with help from Dr. Rob S. Rice. For more on this cabined, yet omphalosceptic individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice's second published novel shall soon appear on Amazon.com, as a means of plumbing the lowest reaches of Amazon's sales ranking. You can learn much of that by probing here: http://tinyurl.com/5u75c5 Al Qaeda delenda est! |