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Dave Kopel's Second Amendment Newsletter
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Table of Contents
A Special Note to ReadersNovember 4, 2009 Happy Tenth Anniversary! This issue marks the ten-year anniversary of this newsletter. I look forward to the next ten years of working with the Second Amendment Foundation to provide news and analysis about the right to arms and the right of self-defense. Sorry for the long delay since this last issue. Things have been busier than ever the past few months. I hope to get back on track for more frequent publication of this newsletter.
New by KopelNew Book: Aiming for LibertyAiming for LibertyDavid Kopel Dave's new book, Aiming for Liberty: The Past, Present, And Future of Freedom and Self-Defense, is now available for pre-order on Amazon.com and Barnes & Noble. Publication date is Dec. 4, 2009
Podcast on Aiming for LibertyDave Kopel with Jon Caldara Dave discusses his new book for 11 minutes with Jon Caldara, and explains the book's contents and objectives.
Testimony to the Senate Judiciary CommitteeTestimony to the Senate Judiciary CommitteeDavid B. Kopel Here is the longer written testimony presented to the Senate Judiciary Committee regarding the Second Amendment record of Judge Sonia Sotomayor.
Live Testimony to the Senate Judiciary CommitteeDavid B. Kopel Here is the C-Span video of Dave's oral testimony before the Senate Judiciary Committee regarding the Second Amendment record of Judge Sonia Sotomayor.
Short Articles by KopelOSHEESH! How President Obama's Latest Anti-gun Appointee—proposed OSHA Director David Michaels—Could place Sweeping Restrictions on your Right to Keep and Bear ArmsDavid Kopel David Michaels, President Obama's choice to head the Occupational Safety and Health Administration, would have the power to ban firearms at workplaces and their parking lots throughout the United States. Dave fears he has that inclination.
Will the Supreme Court Set Speech Free?David Kopel Dave discusses the Supreme Court, censorship of political speech, and the case of Citizens United v. FEC.
From Bad to WorseDave Kopel Here are Dave's book reviews of Lethal Logic: Exploding the Myths that Paralyze American Gun Policy, by Dennis A. Henigan and Guns, Democracy, and the Insurrectionist Idea by Joshua Horwitz & Casey Anderson.
What's the Difference between a "Living Constitution" and a Dead Document?Dave Kopel The "living Constitution" theory of interpretation should lead to strong protection for a vital Second Amendment.
The OAS Treaty: Blueprint for Dismantling the Second AmendmentDave Kopel The current Administration's support for a dangerous international treaty shows its disdain for the Constitution and America's law-abiding gun owners.
The Guns of SudanDavid Kopel, Paul Gallant, Joanne Eisen The U.S. and the U.N. are supporting an effort by the new Government of South Sudan to disarm the civilian victims of government atrocities.
The Liberal Argument for Gun OwnershipDavid Kopel "Should liberals respect the constitutional right to keep and bear arms? The answer is plainly "yes," especially if liberals adhere to their traditional best principles of tolerance and diversity, and of respect for civil liberties under a living Constitution."
Bloody Pirates!Dave Kopel How can a few thugs disrupt the entire shipping industry? It's simple when the good guys have water hoses and air horns for self-defense, and only the bad guys have guns.
Articles by Kopel in Scholarly JournalsPretend 'Gun-Free' School Zones: A Deadly Legal FictionDavid B. Kopel "Most states issue permits to carry a concealed handgun for lawful protection to an applicant who is over 21 years of age, and who passes a fingerprint-based background check and a safety class. These permits allow the person to carry a concealed defensive handgun almost everywhere in the state. Should professors, school teachers, or adult college and graduate students who have such permits be allowed to carry firearms on campus?" The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.
The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights ViolatorsDavid Kopel, Paul Gallant, and Joanne Eisen "This paper first examines the ATT, and observes that the ATT, if implemented as promised, would require dozens of additional arms embargoes, including embargoes on much of Africa. The paper then provides case studies of the current supply of arms to the dictatorship in Zimbabwe and to the warlords in the eastern Democratic Republic of the Congo (DRC). The paper argues that the ATT would do nothing to remediate the conditions which have allowed so many arms to be acquired by human rights violators in Zimbabwe and the DRC. The ATT would have no more effective force than the embargoes that are already imposed by the UN Security Council; therefore states, including China, which violate current Security Council embargoes could just as well violate ATT embargoes." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.
Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, IIIDavid B. Kopel and Nelson Lund This article is a critique of 4th Circuit Court of Appeals Judge Wilkinson's Virginia Law Review article asserting that D.C. v. Heller is a 21st century version of Roe v. Wade. The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.
Connecting Laypeople with the Law through BlogsDave Kopel This material is Dave's part of DU's symposium on Legal Scholarship in the Internet Age, for which see here: http://www.duprocess.org/home/2009/10/19/part-two-connecting-laypeople-with-the-law-through-blogs.html.
Podcasts and Videos by or Featuring KopelGuns at Presidential SpeechesDave Kopel with Jon Caldara Kopel and Caldara discusses the lawful carrying of firearms outside of buildings where the President is speaking, and why Kopel thinks it is harmful to the pro-Second Amendment movement. Aug. 21, 2009. 11:58 long.
National Concealed CarryDave Kopel with Jon Caldara Kopel and Caldara discuss the Thune Amendment, which would have created national concealed carry reciprocity. 11:35 in duration.
The Privileges and Immunities ClauseDave Kopel with Rob Natelson Dave interviews University of Montana law professor Rob Natelson about Natelson's research on the original meaning of the Article IV provision: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." 46 minute podcast.
A Sotomayor Critic Weighs InDave Kopel with Todd Zwillich Kopel and Christian Science Monitor reporter Todd Zwillich discuss the Sotomayor nomination. This page leads to a summary, other material, and a link to the podcast. Dave's portion begins at about 5:10 in and continues for approximately 14 minutes.
Video from the Independence Institute's Panel on NannyismDave Kopel On the day before the Independence Institute's annual Alcohol, Tobacco & Firearms day, there was a panel on Nannyism at the Warwick Hotel in Denver. Speakers included Andrew Breitbart (Drudge Report, Big Hollywood and the ACORN Videos), Radley Balko (Reason), Linda Gorman (Independence Institute), David Harsanyi (Denver Post), Andrew Boucher (NoCoPolitics.com), Jordan Lipp (Colorado Civil Justice League), Terry Gallagher (Smoker Friendly), and Dave. The videos are available on the Independence Institute's MySpace page, here: http://tinyurl.com/yctp2t2. The video of Dave's 18 minute presentation is here: http://tinyurl.com/yzcb9xh
7th Circuit decision in NRA v. ChicagoDave Kopel with Jon Caldara Jon Caldara and Dave discuss the 7th Circuit decision in NRA v. Chicago.
Guns in National ParksDave Kopel with Amy Oliver Dave and Amy Oliver discuss the Montana Firearms Freedom Act, which attempts to exempt guns manufactured and possessed within Montana from federal laws based on the interstate commerce power. The podcast lasts for 16 minutes.
New Blog Posts by KopelHuge Win for Knife RightsDavid Kopel Dave here rejoices in the success of the citizens' group Knife Rights in removing import restrictions caused by an over-broad definition of 'switchblade' knives.
First Circuit Upholds Federal Ban on Juvenile Handgun PossessionDavid Kopel "As you'll see by reading the First Circuit case, there are good reason why the juvenile delinquent should not have owned a gun. But I [believe] that there is a less restrictive alternative than the federal approach."
Background Reading for Supreme Court's New 14th/2d Amendment CaseDavid Kopel Dave here offers a collection of material for those wishing to acquire background for the NRA v. Chicago case.
Buddhists and Moslems Arm Against Terrorists:David Kopel Dave links to sources for information about a burgeoning civil war in southern Thailand and civilian efforts at self-defense against Islamic radicals..
Does CHL ban in Churches Violate the First Amendment?David Kopel This is a full deliberation on the correctness of Arkansas's Attorney General view that that state may ban concealed handguns in churches.
Conservatives and the Civil Rights Movement:David Kopel One Tim Wise makes the amazing assertion that conservatives are opposed to civil rights, and would have opposed the Reverend Martin Luther King. Dave points out that Charlton Heston marched with Dr. King and provides other contradictory examples.
More on Gun Registration, and Guns at POTUS SpeechesDavid Kopel Dave links to an article with which he disagrees on firearms registration and offers some additional deliberation on 'open carry' at or near presidential events.
Justice Stevens Loves the NRADavid Kopel Supreme Court Justice Stevens seemed to approve of an NRA alternative to bans on political speech under McCain-Feingold during arguments before the Court.
7th Circuit Says Gun Registration is OK. Guns at Obama ProtestsDavid Kopel Dave points out the lack of substantiation for the 7th Circuit's opinion saying that registration short of a ban is acceptable under Heller. He points out the media manipulation of the 'open carry' event in the vicinity of a speech by President Obama in Arizona.
Second Circuit Rules in Favor of Firearms Dealers on Procedural Due ProcessDavid Kopel Here is an examination of the decision in Spinelli v. City of New York, in which the Second Circuit ruled on behalf of a New York City firearms dealer who had her stock seized and later returned by the city's police.
Tenth Circuit Split on Gun Ban for MisdemeanantsDavid Kopel Here is an examination of a decision concerning the problematic federal ban on firearms possession by someone convicted of a misdemeanor act of domestic violence.
Chinese Woman Resists Rape, is Criminally Convicted, then ReleasedDavid Kopel A waitress who fatally stabbed one Communist Party official and wounded another was convicted of assault and 'excessive defense' after she resisted the two men's attempt to rape and beat her. She was nonetheless released.
InternationalThe View from Ground ZeroScott Bach NRA Board member Scott Bach offers a poignant recollection of his immediate feelings after witnessing the aftermath of the assault of 9/11 upon New York City.
Arms-trafficking Treaty Threatens U.S. SovereigntyH. Sterling Burnett The U.N. is urging its ineffective treaty on small-arms trafficking for passage in the U.S. Senate. Mr. Burnett urges its rejection.
CanadaGun Registry Battle RagesKathleen Harris "The debate is heating up before a scheduled Nov. 4 vote on private member's bill C-391 to repeal the registry." Critics have long labeled Canada's registry of long guns a useless waste of resources.
FinlandNew Gun Law Opening Doors To PoliceYLE "New gun control legislation may give police new enforcement powers. The Sunday newspaper supplement Sunnuntaisuomalainen writes that new legislation, under preparation, will allow the police to inspect the homes of gun permit holders without the need to establish suspicion of a crime."
Former Soviet UnionRussians Increase Purchases of Guns for Self-DefensePaul Goble "As the economic crisis deepens and fears of crime spread, not only are more Russians buying guns of various kinds -- including pistols and gas guns -- but many of them are buying more than one, trends that are prompting some Duma deputies to consider repealing existing restrictions on the purchase of hunting rifles for self-defense."
South Ossetia Tries to Disarm Its CitizensEllen Barry "Now, with Russia guaranteeing its security, South Ossetia is asking residents to turn in their weapons voluntarily. The police have opened 50 criminal prosecutions for illegal weapons and plan to offer $300 to $400 for each Kalashnikov rifle, a top official said."
IndiaHC wants Guidelines for Refusing Arms LicenceMayura Janwalkar "The Bombay High Court (HC) on Thursday directed the state government to frame guidelines outlining the criteria for granting arms licences. The court also directed the state home department to reconsider the gun licence application filed by criminal advocate Khan Abdul Wahab and pass necessary orders in two weeks."
IrelandFarmers urge Minister to Rethink Restrictive New Gun Licensing LawsRay Ryan "Farmers have called on Justice Minister Dermot Ahern to rethink gun laws that have just been introduced. No new handgun licences will be issued under the legislation, with limited exceptions for Olympic shooting sports."
Right to Defend Your Home should not be seen as 'licence to kill'Emer O'Kelly "But if any force used against an intruder is to be deemed 'reasonable', we will have a charter for unchecked lethal violence."
IsraelNumber of Gun Applications DoublesYael Levy "Interior Ministry says recent surge in violence has it receiving twice as many requests for firearms permits. Number of appeals over denied requests nearly triples; those ineligible for gun license opt for tear gas, knives."
KenyaOwning AK-47 Soon to be a Hanging OffenceKenneth Ogosia "Owners of illegal guns and police officers who rent their firearms to criminals could soon face the death penalty. Law enforcement agencies are pushing for tighter gun control and have proposed a raft of tough measures to be discussed by the Cabinet soon."
MexicoGun Traffickers Recruiting Women as BuyersKevin Johnson "Federal law enforcement officials don't track the numbers of women involved in gun-trafficking cases. But as the demand for weapons in Mexico has escalated in the past two years, trafficking rings have been increasingly recruiting women with clean criminal records to buy weapons for them, said J. Dewey Webb, chief of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives office in Houston."
Gun Shows, Thieves Linked to Drug Weapons: ATF Says Most Weapons Didn't Come from Licensed DealersStewart M. Powell "Less than half of an estimated 18,000 American firearms used in Mexico's drug wars over the last three years have been traced back to licensed gun dealers — suggesting [emphasis added] most are stolen or bought at gun shows where background checks are not required, a federal law enforcement official told Congress on Thursday."
Mexico to Give Arms, Training to Mormon Community Anti-crime Force after Murder of ActivistMark Stevenson "Authorities in northern Mexico will give arms and training to members of an anti-crime group in a Mormon community after two local residents were killed by hit men with ties to organized crime, residents said Friday."
New ZealandGun Owners Angry after Siege Sparks New RulesNZPA "Changes to licensing rules for military-style semi-automatic weapons would not have prevented the deadly Jan Molenaar siege on Napier Hill and was a 'knee-jerk reaction', say firearms lobbyists."
PhilippinesComelec Rejects Total Gun BanAaron B. Recuenco "The Philippine National Police (PNP) was left scrambling for another means to prevent firearms-related election violence in next year's polls after the Commission on Elections (Comelec) rejected its proposal for a total gun ban."
RwandaCountry Takes Firm Stand against Arms ProliferationGilbert Ndikubwayezu "According to the Regional Centre on Small Arms and Light Weapons (RECSA), Rwanda has carried out arms destruction exercises that have, since January 2009, seen over 16,000 obsolete, surplus and illegally held firearms destroyed."
Saudi ArabiaSaudi to Permit Gun ShopsAgence France Presse "Saudis will be able to buy handguns and other personal firearms openly for the first time after the interior ministry said on Saturday it will licence privately owned gun shops."
South AfricaDA: Zuma Displaying Ignorance about GunsCarien du Plessis South African President Jacob Zuma's call to eliminate civilian firearms ownership provoked a number of angry responses.
Gun control Law: Mthethwa Under firePretoria News "The Cape High Court has given Police Minister Nathi Mthethwa 90 days to draw up guidelines for compensation for firearms surrendered under the gun control law. The ruling could result in pay-outs totaling millions of rands for gun owners who have handed in weapons since 2004."
Black Gun Owners up in ArmsSouth African Press Association "Police are intimidating South African gun owners and defrauding citizens of their lawful property, black firearm owners said on Thursday."
TaiwanLegalization of Gun Ownership Not Considered: Interior MinisterLin Kun-hsu and Y.L. Kao "Jiang said the disadvantages of allowing gun ownership outweigh the benefits and that the ministry will only consider allowing security guards to carry firearms."
United KingdomThere is a Compelling Case to Get the Hunting Ban off the Statute BookNick Herbert, Shadow Secretary of State for
Environment, Food and Rural Affairs "Labour's attack on hunting was an act of spite. It attempted to create two nations, dividing town and country. It treated the rural minority with contempt, bordering on hatred." In this context in the U.K., "hunting" means the pursuit of foxes on horseback with hounds.
James Chapman "Shadow home secretary Chris Grayling will blame Labour for standing by while 'urban war' breaks out in parts of the country. Carrying weapons is becoming the norm, violence is 'routine' and families are terrorised by gangs, he will say."
VenezuelaJeremy Morgan Prodded by Hugo Chavez, Venezuela's National Assembly is considering legislation to limit ammunition purchases to fifty rounds per person per year.
FederalFight to Allow Weapons aboard Amtrak Trains could Derail Transportation BillWalter Alarkon "Sen. Patty Murray (D-Wash.), the appropriator who sponsored the Senate's transportation spending bill, voted against the provision. Murray is concerned that complying with the provision would be cost-prohibitive for Amtrak, said Alex Glass, a Murray spokeswoman."
Democrats Hold Fire on Gun ControlJonathan Allen "The struggles for Democrats in moving on D.C. representation show the success of the gun lobby — even when Congress and the White House are under complete Democratic control."
House Panel Adopts Amendment Allowing Guns in Public HousingKaroun Demirjian "Gun rights advocates scored a victory Thursday as the House Financial Services Committee adopted an amendment to allow guns in public housing projects."
Gun Vote keeps Faith with Colorado LawSen. Mark Udall (D-CO) The Colorado Democrat disputes the Denver Post's criticisms of his vote to support the Thune Amendment, which would have allowed nationwide reciprocity on concealed carry permits.
Markey, Coffman seek funds for shooting rangesThe Greeley Tribune (CO) "Two Colorado congressional members have introduced a resolution designed to improve and create more public shooting ranges for gun owners and sportsmen." Markey is a Democrat, representing Colorado's 4th District, Coffman is a Republican from Colorado's 6th District.
StatesCaliforniaNRA Firing Back at Gun BillKatie Browning "The NRA and its supporters are promising to fight Assemblyman Kevin DeLeon's (D-L.A.) AB 962, the bill recently signed by Gov. Schwarzenegger that requires stricter control over the purchase of handgun ammunition and bans all internet ammunition sales. Because Schwarzenegger vetoed the same bill one year ago, gun groups were surprised by the action."
Bill to Narrow the Use of Hunting Fees VetoedEd Zieralski "The bill would have mandated that user fees — about $9.5 million from the sale of bear, elk, wild sheep, antelope, wild pig, deer and upland bird tags and stamps — be used for related conservation activities and public hunting purposes. It would have required the DFG to file Internet reports detailing how the money was spent."
DelawareNCCo Gun Laws Now in Line with State, U.S.Around Delaware "A 1960s-era section of the code gave the county executive power to restrict weapons in the hands of residents during emergencies. County Council voted Tuesday to clean up language in the code by deleting a sentence that says the top administrator may impose 'limitations upon the carrying or stockpiling of firearms, weapons or ammunition' during declared states of emergency."
District of ColumbiaD.C. Expands List Of Allowed Guns To Avert LawsuitTim Craig "The D.C. government released emergency regulations yesterday that greatly expand the models of handguns that District residents can own, a shift designed to stave off another lawsuit over its compliance with the Second Amendment."
LouisianaGov. Bobby Jindal Vetoes Bill to Ban Guns near Parade RoutesPaula Devlin Governor Jindal vetoed a bill that would have made it a crime to carry firearms within 1,000 feet of a parade or demonstration in Louisiana.
MichiganGetting away with Murder is the Norm in Detroit: Police Chief Calls City's Closure Rate 'Abysmal'Charlie LeDuff "The most generous interpretation of 2008 homicide warrants and convictions supplied by local law enforcement officials shows that in more than 70 percent of homicide cases no suspect has been identified, arrested, charged or convicted of a killing."
North DakotaNew Concealed Weapon Permit LawsPress Release "Beginning August 1, 2009, applicants for a North Dakota Concealed Weapon Permit will have a choice of permits. In an effort to increase the number of states that recognize North Dakota's concealed weapon permits, the new law creates a two-tier system."
TexasA Look at Some of the New Laws Taking Effect TuesdayAssociated Press(TX) The article runs down some new provisions in Texas's concealed carry laws.
Self-DefenseASIS Supports Property Owner Right to Prohibit FirearmsSherry Harowitz This later post completely reverses an editorial posted four days previously by ASIS International, a corporate security firm, which objected to the efforts of corporations to prohibit firearms in their employees' cars while parked on company property. The earlier editorial is no longer available for public access.
Michigan State Approves Exception To Weapons BanAssociated Press (MI) "Michigan State University has approved an exception to its campus weapons ban allowing people with permits to carry concealed weapons to walk or drive through campus with a gun."
Some Colleges Bar Even Talking About Right to Bear Arms, Gun Advocates SayKelley Beaucar Vlahos "Since the Virginia Tech murders in 2007, in which 32 people were gunned down by a student with a history of mental illness, a line has been drawn between those who feel that licensed gun owners should be allowed to carry concealed weapons on campus, and those who believe prevention and tougher gun laws are the best response to a campus gunman."
PoliticsIn U.S., Record-Low Support for Stricter Gun LawsJeffrey M. Jones "Gallup finds a new low of 44% of Americans saying the laws covering firearm sales should be made more strict. That is down 5 points in the last year and 34 points from the high of 78% recorded the first time the question was asked, in 1990."
50% Oppose Stricter Gun Control LawsRasmussen Reports "A new Rasmussen Reports national telephone survey shows that 50% are opposed to stricter gun control laws, and 11% are not sure."
Editorial: Guns and the Virginia ElectionThe Washington Times "Mr. Shannon's attacks on Mr. Cuccinelli are not only false; the policies that Mr. Shannon advocates would disarm law-abiding Virginians and increase crime. That's the real election issue for Virginians who care about their personal safety."
Politicians Aim for Shooters' Votes: Clark County Shooting Park Dedication Triggers Assertions of Gun Rights SupportBenjamin Spillman "Reid, Sen. John Ensign, R-Nev., Rep. Shelley Berkley, D-Nev., Republican Gov. Jim Gibbons and Democratic gubernatorial candidate and Harry Reid progeny Rory Reid all took turns declaring their support for gun rights in Nevada, a wide-open Western state where Democrats and Republicans love shooting."
Did Rifle-Toting Obama Protester Help or Hurt Gun Rights?Patrik Jonsson "The appearance of weapons near the president at a speech and a healthcare town hall has been cast as either a danger to the president and public debate or a sign of that gun ownership is gradually losing its stigma."
Drug Control Begets Gun ControlJacob Sullum "Obama is right that the U.S. is largely responsible for the carnage in Mexico, which claimed more than 6,000 lives last year. But the problem is neither the drugs Americans buy nor the guns they sell; it's the war on drugs our government has drafted the rest of the world to fight."
Obama and the Gun Lobby: A Policy of Appeasement?Dennis A. Henigan, President, the Brady Center "The guiding principle of the Obama gun policy seems to be: whatever happens, don't rile up the gun guys."
LawThe Supreme CourtChicagoGunCase.com: Restoring the 2nd AmendmentAlan Gura et
al. Here is an informational web page on the 2nd Amendment Foundation's and other activities on the impending McDonald v. Chicago Second Amendment Rights case due for arguments before the Supreme Court this November.
Arguing against the Gun BanFredricka Whitfield with Otis McDonald CNN interviews Otis McDonald, the plaintiff in the above-mentioned case. McDonald is a 76-year-old resident of Chicago who desires a firearm for self-defense.
Justice Stevens and the NRATony Mauro "During Wednesday's extraordinary Supreme Court oral argument in Citizens United v. Federal Election Commission, some of the more remarkable moments came when Justice John Paul Stevens repeatedly referred, with approval, to a brief filed in the case by the National Rifle Association."
Federal CasesAppeals Court: Government Can Require Gun RegistrationDeclan McCullagh "A three-judge panel of the U.S. Seventh Circuit Court of Appeals said that, even after the Supreme Court's high-profile gun rights decision last year, the Second Amendment is no obstacle to mandatory gun registration."
State CasesNRA Sues Seattle over Illegal Gun BanPress Release "On October 28, NRA filed a complaint in the Superior Court of Washington State against the City of Seattle, asking the court to enjoin and declare invalid a recently enacted parks and recreation administrative policy that prohibits firearms in parks, community centers and other city-owned buildings. Other plaintiffs in the case include state correctional officers and private citizens."
SAF, NRA file Lawsuit to Overturn Seattle Parks Gun BanDave Workman Here is a comprehensive news story about the lawsuit mentioned directly above.
D.C. Appeals Court Upholds Mandatory Gun LicensingDeclan McCullagh "An appeals court in Washington, D.C. has upheld the city's extremely restrictive law requiring residents to obtain licenses to carry handguns outside of their homes."
Court Ruling Clarifies Self-defense LawBill Kaczork "Florida's 'stand-your-ground' law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat, an appellate court said Wednesday."
High Court Rules Guns Can be Stored in Car ConsolesAndy Kravetz "The state's high court held that transporting a weapon in a car's center console falls under the definition of case according to Illinois law."
People v. DigginsIllinois Supreme Court Justice Anne M. Burke Here is the full text of the court's decision referenced above.
"Jury Awards Dad $50K for Teen's Suicide"Walter Olson Interesting discussion here about a case in which a troubled teen used one of his stepfather's guns to commit suicide. His biological father sued the stepfather for negligence and won.
N.J. Court Says Americans Have No Right To Buy HandgunsDeclan McCullagh "In a case decided last week, the superior court upheld a state law saying that nobody may possess 'any handgun' without obtaining law enforcement approval and permission in advance." The decision does say that an applicant for a handgun license has the due process right to demand justification for why he was denied.
NC Supreme Court Restores Felon's Gun RightsThe Associated Press "The state's high court ruled Friday in the case of Barney Britt of Wake County that the General Assembly went too far five years ago when it toughened restrictions on felons owning guns as part of a broad anti-domestic-violence bill."
ResearchKnife Rights: A Sharper FutureInformational Web Page This web site of the Knife Rights Federation explains their objectives and provides updates upon the effort to preserve rights to arms that are not projectile weapons.
Modern Sporting RifleInformational Web Page "The National Shooting Sports Foundation has launched a national media campaign designed to correct widespread misperceptions among gun owners and non-gun owners alike about AR-15-style rifles, also known as Modern Sporting Rifles. It is essential to correct misunderstandings about the use and operation of these rifles because those who support legislation that would wrongly ban ownership of these and other types of semi-automatic firearms are aided by the confusion that exists."
Supply Restrictions at the Margins of Heller and the Abortion Analogue: Stenberg Principles, Assault Weapons, and the Attitudinalist CritiqueNicholas James Johnson
"This Article will show how assault weapons might be protected under Heller as a threshold matter, how Stenberg's guarantee of better methodologies to protect life or health applies just as easily to the assault weapons question, and how the response of Court liberals to an assault weapons case will be an important test of the attitudinalist critique." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.
UC Davis Report Exposes Loopholes in Gun-Control LawsPress Release "Gun shows and the lack of uniform gun-control laws provide easy access to guns that can be used for criminal purposes, according to a new report released today from the UC Davis Violence Prevention Research Program." This page contains a link to the full text of the article.
New Gun show 'study' re-warms emotion to push anti-gun agendaDave Workman "A new study from perennial anti-gunner Garen Wintemute, MD titled 'Inside Gun Shows: What Goes on When Everybody Thinks Nobody's Looking,' may have a short shelf-life after Wintemute acknowledged to a reporter for a Fox News affiliate in Sacramento that the data isn't there to support what amounts to personal opinion and insinuation." The study described is the UC Davis one referenced directly above.
Small Arms Manufacturing Industry in the U.S. and Its International TradeResearch and Markets "This industry report contains 160 pages of in-depth market research with over 150 charts and tables."
Toward Cheaper Imaging Systems for Identifying Concealed Weaponson the Human BodyDaniel Kane "Electrical engineers from the University of California, San Diego invented radio frequency integrated circuits that could lead to significantly less expensive imaging systems for identifying concealed weapons, for helping helicopters to land during dust storms, and for high frequency data communications."
Mass Shootings in Schools: The Worst Possible Case for Gun ControlGary Kleck "The most frequent policy lesson drawn following the Columbine school shootings was the need for more gun controls. Review of the details of both Columbine and other contemporary school shootings indicates, however, that the specific gun control measures proposed in their aftermath were largely irrelevant and almost certainly could not have prevented the incidents or reduced their death tolls." The full text of the article may downloaded from this abstract page.
'This Right is Not Allowed by Governments that are Afraid of the People': The Public Meaning of the Second Amendment When the Fourteenth Amendment was RatifiedClayton E. Cramer, Nicholas James Johnson, and
George A. Mocsary "If the Fourteenth Amendment is found to incorporate the Second Amendment against the states, what meaning of the Second Amendment does it include? This paper examines judicial and popular understandings of the Second Amendment in the period between ratification of the Bill of Rights and the Fourteenth Amendment." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.
The U.N.'s Arms Trade Treaty: A Dangerous Multilateral Mistake in the MakingTed R. Bromund and Steven Groves Here is an excellent backgrounder on the U.N's ongoing efforts at an international treaty regulating possession and transfer of small arms.
This newsletter is compiled with help from Dr. Rob S.
Rice. For more on this eremic, yet gregarious individual, see here:
Al Qaeda delenda est!
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