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Table of Contents

  1. 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
  2. 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
  3. Culture and Sports: Shooting and Stereotypes; Wolf vs. Elk Debate; Brady Campaign's Honoree Retires in Disgrace
  4. Politics: Obama wanted Gun Prosecutions in Self-Defense Cases; Maryland Lobbyist Lionized; Dem. Strickland gets NRA Endorsement for Governor
  5. 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
  6. 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; Tennessee DoesAllow Carry in Bars
  7. 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
  8. 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 Foundation
May 19, 2010
"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."



Short Articles

Trimming Citizens

David Kopel
America's First Freedom
June, 2010

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.

Dave Kopel: Aiming for Liberty

Blaine Smith with Dave Kopel
America's First Freedom
June, 2010

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
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
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
"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
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.

Kurt Lash on Privileges or Immunities

David Kopel
The Volokh Conspiracy
May 18, 2010
Lash has authored a three part series about the drafting and origins of the Fourteenth Amendment and the Privileges and Immunities Clause. Dave has reservations, but finds the scholarship quite worthwhile.

Video featuring Kopel up for Emmy!

1959 Time Machine Episode

Colorado Inside Out
Raj Chohan, Patty Calhoun, David Kopel, Craig Silverman & Kevin Flynn

July 3, 2009
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.




The European Union

Commission proposal to adopt Article 10 of the United Nations Firearms Protocol

Press Release
May 31, 2010
"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
"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."


An Inside Look at Mexican Guns and Arms Trafficking

Barnard R. Thompson
MexiData (San Diego, CA)
May 31, 2010
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.


Time to Rethink Karamoja Gun Policy

The Observer (Uganda)
May 20, 2010
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.

United Kingdom

States of Guernsey May Review Firearms Law

BBC News
June 7, 2010
"Deputy Sam Maindonald has called for the review following the mass shooting in West Cumbria last week."

Householders to be Given New Rights to Defend Themselves against Intruders

Mark Townshend
The Guardian (UK)

June 6, 2010
"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."

All New Air Guns to be Licensed

Lucy Adams
The Herald (Scotland)

May 29, 2010
"Kenny MacAskill, the Justice Secretary, told the annual conference of the Association of Scottish Police Superintendents in Dunblane that new air rifles or pistols would be subject to a licensing scheme."

London 2012: No Tickets to the Gun Show?

Matt Stroup
Universal Sports.Com
May 20, 2010
The draconian firearms laws of the UK, as things now stand, are likely to interfere drastically with all shooting events in the 2012 London Olympics.

MPs to Get Vote on Lifting Labour ban on Foxhunting

Robert Winnett and Holly Watt
The Daily Telegraph (UK)

May 19, 2010
"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
"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
"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.


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."


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
"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
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 Businessweek
June 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.

ATF Rul. 2010-1

Kenneth E. Melson, Deputy Director
The Bureau of Alcohol, Tobacco, Firearms and Explosives

May 20, 2010

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.

27 CFR Part 478

Eric H. Holder, Jr., Attorney General of the United States
The Federal Register. Vol. 75, No. 106

May 27, 2010

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.'





8th State to Feds: Step away from our Guns

Bob Unruh

May 28, 2010
"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."


Assembly Narrowly Passes Bill to Limit Open Display of Guns

Jim Sanders
The Sacramento Bee

June 2, 2010
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.


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.


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 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.


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.


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

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

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

Eugene Volokh
The Volokh Conspiracy

May 20, 2010
http://volokh.com/2010/05/20/violent-misdemeanants-the-right-to-bear-arms-and-the-right-to-vote/ Volokh discusses the ongoing arguments about denying felons the right to vote as well as the right to arms--the former may be Constitutional, but it wouldn't justify the latter.

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

Matthew Jordan Cochran
Campbell Law Review 33


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
"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?

Stephen P. Halbrook
Santa Clara Law Review

Volume 50, 2010

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

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
"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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