DAVE KOPEL'S SECOND AMENDMENT NEWSLETTER, JUNE 18, 2010
Dave Kopel's Second Amendment Project is based at the
Independence Institute, a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org
Delivery of this newsletter comes courtesy of the Second Amendment
Foundation, in Bellevue, Washington.
http://www.saf.org
Please visit Dave Kopel's website, containing articles on the Second
Amendment and other freedom topics.
http://www.davekopel.org
New by Kopel:Think Tank Monograph:OAS
Firearms Convention; Short Articles: 'Trimming'
Citizens United; Interview in America's First Freedom;
Calderon Demands U.S. Gun Control ; Bloggery: Dale
Peterson's Ad; Law Building Named for Klansman;
What is a 'Zoobow?'; Kurt Lash on the 14th Amendment; Video:Colorado Inside Out c. 1959 up for 2010 Emmy
International: E.U. plans to Support U.N.
Protocols, U.N. admires a Statue; the Mexican gun issue from the
Inside; Ugandans won't Disarm; British to be Allowed Self Defense,
Less Guns after 'Unpreventable' Mass Shooting, Scotch Air Gun
Registry, Possible Trouble with Olympics
Culture and Sports: Shooting and Stereotypes;
Wolf vs. Elk Debate; Brady Campaign's Honoree Retires in Disgrace
Politics: Obama wanted Gun Prosecutions in
Self-Defense Cases; Maryland Lobbyist Lionized; Dem. Strickland gets
NRA Endorsement for Governor
Federal: Ellsworth Amendment allows Sales of
G.I. cases; Dems, NRA and Unions negotiate over Ad Disclosures; NRA
and D.C. Vote in Congress; Changes in ATF Policies for the Worse and
Better
States:Alaska joins in
Defiance of Feds; California Assembly Bans Open
Carry; Georgia bans Carry in Airport, allows in
Parking Lots; Minnesota Gun Show 'Loophole?';
New Hampshire Legalizes Switchblades;
Oklahoma Governor Vetoes 'Made Here' Bill;
Pennsylvania Restrictions Fare Badly; TennesseeDoesAllow Carry in Bars
Cases, Law, and Legal Scholarship: U.S. v.
Skoien Arguments Heard; Wilmington Goes to Court; Maryland
'Assault Weapons' Ruling; Violent Misdemeanants; McDonald v.
Chicago; North Carolina's Felon-in-possession Statute; Rights
to Hunt; Hellerand the Full Nature of the RKBA
Research and Data: FBI Stats Now Echo 'More
Guns, Less Crime'; Concealed Carry Saves Lives
New by Kopel
Think Tank Monograph
The OAS Firearms Convention Is Incompatible with American Liberties
David Kopel, Theodore Bromund and Ray Walser
The Heritage FoundationMay 19, 2010
http://tinyurl.com/23zaumj
"President Barack Obama has called on the Senate to ratify CIFTA, the
Inter-American Convention Against the Illicit Manufacture of and
Trafficking in Firearms, but the convention poses serious prudential
risks to liberties guaranteed by the First and Second Amendments. The
convention appears to be an end run around domestic obstacles to gun
control. Furthermore, ratification of the convention would undermine
U.S. sovereignty by legally binding it to fulfill obligations that some
current signatories already disregard. The U.S. would be best served by
continuing existing programs, cooperating with other countries on a
bilateral basis, and making and enforcing its own laws to combat the
traffic in illicit arms."
PDF files require Adobe Acrobat Reader or similar software.
This article is a treatment of ongoing efforts to restrict the free
speech rights which had been protected in the Citizens United case.
PDF files require Adobe Acrobat Reader or similar software.
The Associate Editor of the magazine here interviews Dave Kopel about
his newest book, Aiming for Liberty, and Dave's ongoing defense
of Second Amendment rights.
President Calderón's Visit Should Not Lead to Support for the OAS's
Firearms Convention
Theodore Bromund, Ray Walser, Ph.D. and David Kopel
WebMemo by the Heritage Foundation
May 19, 2010
http://tinyurl.com/296slms
The authors completely anticipated the President of Mexico's call for
restrictions upon the civilian right to arms during his recent visit,
and provide several reasons to ignore it.
Kopel's Bloggery
The Dale Peterson Ad
David Kopel
The Volokh Conspiracy
June 1, 2010
http://volokh.com/2010/06/01/the-dale-peterson-ad/
Dave here describes his problems with the candidate for Alabama
Agricultural Commissioner's celebrated TV ad, the people of Alabama
apparently had their own reservations, as Peterson lost the election.
The Bernardine Dohrn of the Early 20th century: The Terrorist
Professor at U of Texas Law School
David Kopel
The Volokh Conspiracy
May 24, 2010
http://tinyurl.com/3yu3al4
"Thomas Russell, who used to teach at the University of Texas Law
school, has a written a paper,
available on SSRN, which urges the University of Texas Law School to
rename Simkins Hall, a law and graduate male student dormitory named for
William Stewart Simkins. Simkins taught equity, contracts, procedure,
and related topics at UT for three decades in the early 20th century. He
was also a founder of the Ku Klux Klan in Florida, and every year at UT
he gave a formal speech extolling the Klan."
What is a Zoobow?
David Kopel
The Volokh Conspiracy
May 20, 2010
http://volokh.com/2010/05/20/what-is-a-zoobow/
Dave here asks that question about a type of martial arts weapon banned
by a Massachusetts statute. Aas the commenters explain, "zoobow" is
apparently a partial, illiterate mistranslation of a Japanese word.
Colorado Inside Out
Raj Chohan, Patty Calhoun, David Kopel, Craig Silverman & Kevin Flynn
July 3, 2009
http://video.kbdi.org/video/1352106998/
This amusing and provocative staging of the popular KBDI Denver public
affairs show--as it might have appeared in 1959--has been nominated for
a 2010 Heartland region Emmy award.
International
The European Union
Commission proposal to adopt Article 10 of the United Nations
Firearms Protocol
Press Release
Europa
May 31, 2010
http://tinyurl.com/2dc92b3
"The European Commission today takes a step closer towards the
ratification of the UN Firearms Protocol (UNFP), by proposing to adopt
Article 10 of the UNFP. The proposal addresses export authorisation and
import and transit measures for firearms for civilian use."
The United Nations
Massive Gun Sculpture Unveiled as Academic Council on the United
Nations Holds Annual Meeting in Vienna
Press Release
United Nations Information Service
June 2, 2010
http://www.unis.unvienna.org/unis/pressrels/2010/unisvic171.html
"A massive five ton work of art made entirely of decommissioned weapons
such as handguns, ammunition and landmines is going on display at the
Vienna International Centre this week. The Gun Sculpture was developed
by Canadian artists Sandra Bromley and Wallis Kendal as their comment on
the culture of violence engulfing many modern societies."
Mexico
An Inside Look at Mexican Guns and Arms Trafficking
Barnard R. Thompson
MexiData (San Diego, CA)
May 31, 2010
http://www.mexidata.info/id2684.html
Here is an informed and thorough analysis of the ongoing problems in
Mexico with crime involving firearms and the illegal importation of
weaponry into the country.
Uganda
Time to Rethink Karamoja Gun Policy
The Observer (Uganda)
AllAfrica.com
May 20, 2010
http://allafrica.com/stories/201005200519.html
This editorial points out that if the Ugandan government cannot provide
security for the people it hopes to disarm, the possessors of weapons
cannot be faulted for wanting to keep them.
Householders to be Given New Rights to Defend Themselves against
Intruders
Mark Townshend
The Guardian (UK)
June 6, 2010
http://www.guardian.co.uk/law/2010/jun/06/householders-rights-laws-intruders-burglars
"Householders who confront burglars are to be given greater rights to
defend their families and homes. The justice secretary, Kenneth Clarke,
is looking at increasing legal protection for people who use force to
fight off intruders."
No Arms Law Could Prevent It
Mike Yardley, Firearms Expert
The Sun (UK)
June 3, 2010
http://tinyurl.com/2ewja7x (Sidebar)
"The UK firearms licencing system is already one of the most draconian
in the world. After Dunblane the vast majority of civilian handguns were
banned - yet there was a rise in handgun homicide."
MPs to Get Vote on Lifting Labour ban on Foxhunting
Robert Winnett and Holly Watt
The Daily Telegraph (UK)
May 19, 2010
http://tinyurl.com/2udzg3m
"After negotiations with the Liberal Democrats, the Conservatives have
secured a pledge to introduce a parliamentary vote on abandoning the
ban."
Culture and Sports
How I Learned to Stop Worrying and Shoot
Ellen Bedrosian
The Record (Woodland Park NJ)
June 11, 2010
http://www.northjersey.com/news/opinions/96120739_How_I_learned_to_stop_worrying_and_shoot_a_gun.html
"In addition to my newfound sense of empowerment by keeping cool and
steady as shell casings flew around my head and the acrid stench of gun
powder invaded my nostrils, I learned (or more accurately, relearned)
another valuable lesson about stereotyping people, whether they are
liberal Democrats or NRA members. The group of NRA instructors who
taught our class were the nicest, most patient and professional people
one could hope to meet under any circumstances. They taught me to
respect the power of a gun and the importance of using it wisely."
RMEF Turns Up Heat on Pro-Wolf Groups
Press Release
Rocky Mountain Elk Foundation
April 9, 2010
http://www.theoutdoorwire.com/story/127079690100nj9pevtzp
"Pro-wolf groups were admittedly 'surprised and disappointed' when the
Rocky Mountain Elk Foundation publicly challenged their
mischaracterizations of the real impacts of wolves in the northern
Rockies and are feeling even more heat today. Their recent call for a
truce has been met with a scathing letter from RMEF President and CEO
David Allen, who says Defenders of Wildlife, Western Wildlife
Conservancy and others are party to what may become 'one of the worst
wildlife management disasters since the destruction of bison herds in
the 19th Century.' "
The Brady Campaign Sure Knows How to Pick 'Visionaries'
Kurt Hofmann
The St. Louis Examiner
June 7, 2010
http://tinyurl.com/2czeeg8 "Last month, the Brady Campaign
recognized journalist Helen Thomas as the winner of the 'Sarah Brady
Visionary Award.' In accepting the award, she gave a speech, in which
she railed against the Supreme Court's Heller decision." Ms.
Thomas has recently retired from her columnist position with the Hearst
corporation after remarks visualizing a world without Jews in Israel.
Politics
Obama would have Prosecuted Chicago Man for Defending Himself with
Handgun
Press Release
The Citizens' Committee for the Right to Keep and Bear Arms
May 28, 2010
http://www.ccrkba.org/?p=2464 "An 80-year-old Chicago man who
defended himself and his family from a neighborhood thug this week could
be criminally prosecuted, if Barack Obama had prevailed in a 2004
Illinois State Legislature vote on a measure to protect citizens who use
handguns in self-defense even when their communities ban handguns."
New Book Cheers Maryland Lobbyist Who Fought Guns, Tobacco
Lisa Rein
The Washington Post: Maryland Politics
June 10, 2010
http://tinyurl.com/2f5545g "The 220-page study of DeMarco's
grassroots campaigns to defeat Maryland's powerful gun and tobacco
lobbies with tougher gun control laws and steeper cigarette taxes is due
out from Vanderbilt University Press on Thursday."
Strickland Lands NRA Endorsement in Campaign
Julie Carr Smyth
Associated Press (OH)
June 14, 2010
http://www.mansfieldnewsjournal.com/article/20100614/UPDATES01/100614006
"The announcement is the first of the 2010 general election campaign in
any of the 37 governor's races nationwide. It could provide an important
boost for Strickland, as a Democrat, from a group whose agenda more
often meshes with Republican candidates. Ohio is among the nation's most
closely divided states politically."
Federal
NRA-Backed Ellsworth Amendment to Re-sell Used Small Arms Ammunition
is Included in DOD Authorization
Press Release
Homepage of Representative Brad Ellsworth (D, 9th Indiana)
May 18, 2010
http://www.ellsworth.house.gov/News/DocumentSingle.aspx?DocumentID=186460
"Today, as part of the House Armed Services Committee's National Defense
Authorization Bill debate, Brad Ellsworth introduced an NRA-supported
amendment to direct the Department of Defense to resell used small arms
cartridge cases to marksman, law enforcement agencies and off-duty
military personnel for hunting and target practice that unanimously
passed."
How the Gun Lobby Shot Down D.C.'s Congressional Vote
Byron C. Tau
Washington City Paper
June 4, 2010
http://tinyurl.com/2eg9a5s
This rather polemical article describes how an impasse over the
restoration of full civilian firearms rights to the District's citizens
forestalled an effort to allow it voting representation in Congress.
Democrats Meet With NRA, Unions Over Disclosure Rules for Ads
Jonathan D. Salant
Bloomberg BusinessweekJune 7, 2010
http://tinyurl.com/y7bq35a "Democrats pushing legislation to require
that groups airing political advertisements disclose their donors are
trying to prevent the National Rifle Association and AFL-CIO from
joining the U.S. Chamber of Commerce in opposing the measure."
Why did ATF Suddenly Redefine Firearm Transfers?
David Codrea
The Examiner
May 31, 2010
http://tinyurl.com/23wousy Codrea examines a recent BATFE ruling
that reverses some forty years of previous practice, suddenly
re-interpreting previous firearms legislation to require background
checks and other formalities of transfer for firearms sent to reviewers,
writers, and testing labs, even when the ownership of the weapons is not
actually changing.
PDF files require Adobe Acrobat Reader or similar software.
Here is Deputy Director Melson's actual ruling, which in effect admits
that it has taken the ATF forty-two years to decide to its own
satisfaction the meaning of 'transfer' in the Gun Control Act of 1969.
For one drawback, the resources of the National Instant Check System (NICS)
will be strained that much more as firearms sent for testing and review
change hands repeatedly in the course of such vital procedures.
PDF files require Adobe Acrobat Reader or similar software.
The upshot of this ruling is that ATF headquarters in Washington has
oversight of all administrative actions prior to notices being sent to
firearms licensees. The ruling declares that the final approval
authority for the denial of applications for licenses, suspensions,
revocations of licenses or imposition of civil fines shall be at the
topmost level of the Bureau. Larry Keane, the National Shooting Sports
Foundation's Senior Vice President, Assistant Secretary and General
Counsel, has said that 'NSSF supports that all cases where revocation is
recommended by the field must be cleared by ATF headquarters prior to
issuance of notice to FFL. This will promote consistency of
interpretation of the law and regulations.'
States
Alaska
8th State to Feds: Step away from our Guns
Bob Unruh
WorldNetDaily
May 28, 2010
http://tinyurl.com/33cw6dj
"Alaska has become the eighth state to declare that firearms made, sold
and owned in the state are beyond the reach of the federal bureaucrats
along the Potomac, with Gov. Sean Parnell's signature on the plan
today."
California
Assembly Narrowly Passes Bill to Limit Open Display of Guns
Jim Sanders
The Sacramento Bee
June 2, 2010
http://www.sacbee.com/2010/06/02/2792005/assembly-narrowly-passes-bill.html
Unnerved by the open display of firearms at recent political protests, a
narrow majority of the California Assembly has voted to outlaw the
practice. The measure is still pending in the state Senate.
Georgia
Perdue signs 1 Gun Bill, Turns Back Another
Shannon McCaffrey
Associated Press (GA)
June 9, 2010
http://www.macon.com/2010/06/09/1155383/perdue-signs-1-gun-bill-turns.html
The Governor of Georgia vetoed a bill that would have allowed legal
concealed carry at the Atlanta airport, but he did sign a bill allowing
legal firearms into some bars and company parking lots.
Minnesota
Testing Minnesota's Gun Show Loophole: How Easy is it to Buy a
Firearm in the Twin Cities?
Matt Snyders
Minneapolis City Pages (MN)
June 3, 2010
http://www.citypages.com/2010-06-03/news/testing-minnesota-s-gun-show-loophole/
Efforts have begun to end the ability of Minnesota citizens to conduct
private firearms transfers at gun shows. This article offers detailed
coverage of the people on both sides of the issue.
New Hampshire
Switchblade Knives now Legal in NH
Dan Tuohy
New Hampshire Union Leader
May 20, 2010
http://tinyurl.com/2wpdha5 "'All we did was get rid of an old,
antiquated law that was enacted in the 1950s,' said Rep. Jennifer
Coffey, R-Andover, prime sponsor of the legislation. 'We need laws on
criminal activities, not on objects.' "
Oklahoma
Oklahoma Gov. Brad Henry Shoots Down Second Gun Manufacturing Bill
Michael McNutt
The Oklahoman (Oklahoma City, OK)
May 19, 2010
http://newsok.com/article/3462240 A second effort by the Oklahoma
legislature to exempt firearms manufactured within that state from
Federal controls, with changes, nonetheless met the same veto that
derailed a previous attempt at such legislation.
Pennsylvania
State Lawmakers Pass 1 Gun-related Bill, Reject 3 Others
Amy Worden
The Philadelphia Inquirer
May 26, 2010
http://tinyurl.com/2ga7ape A Philadelphia lawmaker's trio of bills
restricting civilian firearms ownership died in committee, surviving was
a measure expanding the 'Castle Doctrine' right of self-protection.
Tennessee
Tenn. House Overrides Governor's Guns in Bars Veto
Associated Press (TN)
June 4, 2010
http://www.wkrn.com/global/story.asp?s=12599391 "The state House has
joined the Senate in once again voting to override the governor's veto
of a bill to allow handgun carry permit holders to bring weapons into
bars and alcohol-serving restaurants."
Cases, Law, and Legal Scholarship
Oral Arguments Heard in Critical Second Amendment Case for which NRA
Filed a Friend of the Court Brief
C.D. Michel
CalGunLaws.com
June 4, 2010
http://calgunlaws.com/index.php/current-litigation/82/883.html "The
case, U.S. v. Skoien, addresses the standard of review to be
applied when laws are challenged under the Second Amendment. The NRA
argued in its amicus brief that the highest standard, 'strict
scrutiny' test should apply. Under strict scrutiny, to be constituional,
a gun-control law must address a compelling governmental interest, and
any legislation enacted to address that interest must be narrowly
tailored so as not to unnecessarily infringe on the right to keeps and
bear arms."
WHA Hires Lawyer, Moves Case to Federal Court
Lee Williams
The Caesar Rodney Institute Blog
June 1, 2010
http://criblog.wordpress.com/2010/06/01/wha-hires-lawyer-moves-case-to-federal-court/
"The Wilmington Housing Authority has hired Barry M. Willoughby to
defend the agency against the civil rights lawsuit filed last week by
the National Rifle Association. The NRA filed suit against the housing
authority seeking to force the WHA to overturn its gun ban."
Regulated Firearms – Assault Weapons – Whether a Weapon is a "Copy" of
a Designated Assault Weapon and therefore Subject to the Regulated
Firearms Law
Doug Gansler, Maryland State Attorney General
To Colonel Terrence B. Sheridan, Superintendent, Maryland State Police
May 24, 2010
http://tinyurl.com/29jlygg
PDF files require Adobe Acrobat Reader or similar software.
The Maryland State Attorney General has ruled that for a firearm to be a
'copy' of an assault weapon, and therefore subject to Maryland's ban on
a number of such firearms, it must be internally, not externally,
similar to the weapons prohibited under that law.
Violent Misdemeanants, the Right to Bear Arms, and the Right to Vote
McDonald v. Chicago, the Fourteenth Amendment, the Right to
Bear Arms and the Right of Self-Defense
Richard L. Aynes
Cardozo Law Review, De Nova p. 170
April 20, 2010
http://tinyurl.com/25jx3xn "Extending Heller to the states
would have both a greater and a smaller impact than Heller
itself. It would have a greater impact, because it would apply to all
fifty states and encompass more people and a much larger geographical
region than Heller which only applies to the District of
Columbia and other federal enclaves. Yet it can be said to have a
smaller impact because while it may conflict with laws of a city like
Chicago, it would be largely congruent with the state laws and most city
regulations across the country. Though it is easy to see how the
rationale of Heller could be extended and enforced against the
states by the Fourteenth Amendment, the purpose of this essay is to
illustrate how the right to bear arms could be reasonably enforced
against the states even without reference to Heller."
A Fighting Chance for Outlaws: Strict Scrutiny of North Carolina's
Felony Firearms Act
PDF files require Adobe Acrobat Reader or similar software.
Cochran here provides a plethora of details of the legislative history
of North Carolina's felon-in-possession statute. He provides a strict
scrutiny analysis of the law's effects and urges its repeal.
The Constitutional Right to Hunt: New Recognition of an Old Liberty in
Virginia
Stephen P. Halbrook
William & Mary Bill of Rights Journal
Forthcoming, 2010
http://works.bepress.com/stephen_halbrook/3/
"The Constitution of Virginia provides: 'The people have a right to
hunt, fish, and harvest game, subject to such regulations and
restrictions as the General Assembly may prescribe by general law.'
Currently, eleven States recognize hunting as a constitutional
guarantee, and proposed amendments are pending in other States. The
oldest, dating back to the American Revolution, sought to guard against
royal privilege as practiced in England, while the newest, adopted in
recent decades, seek to preempt hunting bans sought by animal-rights
activists."
Heller, The Second Amendment, and Reconstruction: Protecting
All Freedmen or Only Militiamen?
PDF files require Adobe Acrobat Reader or similar software.
"The stage is set for the Court to resolve in 2010 whether the Second
Amendment is incorporated into the Fourteenth Amendment, either through
its Due Process Clause or Privileges or Immunities Clause, so as to
protect from State infringement the right of the people to keep and bear
arms. The common understanding during Reconstruction was that the
Fourteenth Amendment did protect the right from violation by the
States."
Research and Data
FBI Crime Stats Show an Armed Public is a Safer Public
Howard Nemerov
PajamasMedia.com
June 3, 2010
http://pajamasmedia.com/blog/fbi-crime-stats-show-an-armed-public-is-a-safer-public//
"Data from the U.S. Federal Bureau of Investigation show that America
has been on a firearms buying spree since the end of 2005. Meanwhile,
the FBI recently released preliminary 2009 crime data indicating that
violent crime has been dropping at an accelerating rate since the end of
2006."
Research: Concealed Carry and Guns Save Lives
Press Release
United States Concealed Carry Association
June 1, 2010
http://tinyurl.com/2b5azes
"Guns save lives, and are necessary for protection. That's according to
research from David Burnett and Clayton Cramer, who track incidents of
defensive gun use at
TheArmedCitizen.com."
This newsletter is compiled with help from Dr.
Rob S. Rice. For more on this stochastic, yet
vestibular individual, see here:
http://robricebooks.com. Dr. Rice has
resumed his work at the
Colorado Renaissance Festival. He's the verbose one.
Al Qaeda delenda est!
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