Dave Kopel's Second Amendment Newsletter. Dec. 29, 2004

About once a month, Dave Kopel produces a free e-mail Newsletter containing short summaries and links to important new research and writing involving the Second Amendment and firearms policy. The newsletter also reports on Kopel's latest writing.

The content of this newsletter is produced by the Second Amendment Project at the Independence Institute, a think tank in Golden, Colorado. The newsletter is electronically distributed by the Second Amendment Foundation in Bellevue, Washington. Thus, the Second Amendment Foundation will be given your e-mail address.

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Table of Contents for this issue


1. New by Kopel: Micro-disarmament; Essays of the Season

2. Self-defense: Ohio shooting; Expert Advises Corporate Gun ban;

3. International: Pro-gun supermodel; Pistol-Packing Priest Redux; U.K. Knife Ban and Burglar's Rights; U.N. Abuse Scandal

4. The States: Hunting Ban in NJ; Oklahoma Professor Punished; Philadelphia Scissor Girl

5. Culture: Zero Tolerance; Assault Weapon Watch!

6. History: Jewish Partisans; Washington's Gun Collection

7. Law: Chicago Suit; Putative Laws,

8. Research

Department of Justice Affirms Second Amendment Individual Right:
Cites Independence Institute's David B. Kopel 7 Times

On Dec. 17 the United States Department of Justice today released the
most thorough analysis of the Second Amendment ever conducted by the
Executive Branch of the United States government. The title of the 93
page report, with 437 footnotes, is "Whether the Second Amendment
Guarantees an Individual Right." As the report's subtitle states, "The
Second Amendment secures a right of individuals generally, not a right
of States or a right restricted to persons serving in militias."

The report cites the Second Amendment historical research of David B.
Kopel seven times. (See notes 33, 90, 290, 342, 403, 428, 437 and
accompanying text.) The report also frequently cites Stephen Halbrook,
Don Kates, and David Hardy.

The report cites the following Kopel articles:

"It isn't about Duck Hunting: The British Origins of the Right to Arms"
(book review of Joyce Malcolm's To Keep and Bear Arms), 96 Michigan Law
Review 1333 (1995).

"The Second Amendment in the Nineteenth Century," 1998 BYU Law Review 1359.

"Tench Coxe and the Right to Keep and Bear Arms in the Early Republic,"
7 William and Mary Bill of Rights Journal 347 (1999). With Stephen Halbrook.

Although Attorneys General in the Nixon and Clinton administrations had
adopted the position that the Second Amendment does protect individual
rights, Kopel's research has shown that Attorneys General from the
administrations of Andrew Jackson, Abraham Lincoln, Andrew Johnson,
Benjamin Harrison, Franklin Roosevelt, and Ronald Reagan recognized an
individual Second Amendment right.


Thus, the current Bush administration position is very much within the
mainstream of historical policy. However, the new DOJ memo is much more
thorough and persuasive than anything the Department of Justice has ever
produced on the subject.

1. New by Kopel

A. Law Review Article

"Microdisarmament: The Consequences for Public Safety and
Human Rights."
Dave Kopel, Paul Gallant, and Joanne D. Eisen
UMKC Law Review (forthcoming 2005).

This article examines UN-sponsored programs to disarm people in
Cambodia, Bougainville, Albania, Panama, Guatemala, and Mali. In PDF,
requires Adobe Acrobat Reader to view.

B. Shorter articles-Dave is filling in for Glenn Reynolds of the
MSNBC 'Slate' Opinion Page.

Defending the Home.
MSNBC 'Slate'
December 7, 2004

Home defense against burglary in Great Britain, the fox-hunting ban,
and the Civil Contingencies Act.

Audacious Judith. The Jewish heroine.
MSNBC 'Slate'
December 8, 2004

Judith's resistance to invading Babylonians was not solely verbal.

Armed Jews Week. The Jews who fought the Nazis embodied the spirit
of Hanukkah.
MSNBC 'Slate'
December 10, 2004

The ancient inhabitants of Israel brandished more than menorahs. [For
more on Jewish armed resistance, see the Jewish Partisans site, in 'Culture,'

2. Self-defense

Columbus Nightclub: Disarmed CHL-Holder Watched Helplessly As People Died
Monday, December 13
Ohioans for Concealed Carry News Page

Ohio's ban on carrying legal firearms where liquor is served saved the
life of a gunman, forcing a permit holder to watch helplessly as the
killer opened fire in a Columbus nightclub.

Where does a company's right to prohibit guns stop?
By Repps Hudson
The St. Louis Post-Dispatch
December 6, 2004



Dan Consalvo, Security chief for State Farm Insurance's corporate
office in Bloomington, Ill and incoming president of ASIS
International, formerly the American Society for Industrial Security,
had this advice for companies on the subject of concealed carry:

"People get intimidated even when other people talk about weapons at
work. The potential for workplace violence is the big issue. People are
stressed and pressured to the limit - work and family issues, including
financial. The best course is for any employer to prohibit firearms on
its property and wait for the courts to decide."

For more on Dan Consalvo:

Who's Packing? A Lawsuit At The University Of Utah May Trigger A Change
In The State's Concealed Weapons Law
Sam Garfield
November 28, 2004

The University of Utah wants to ban the legal carrying of concealed
weapons on campus-in direct conflict with state law. Legal action

3. International


The Australian/American Gun Law Debate
Gabrielle Reilly
Gabrielle Reilly Weekly 2004-2005
December, 2004


An articulate essay by a pro-gun Australian-American supermodel.


Padre Packs Pistol, Super-Sized Persona: Unorthodox Mexican Priest Builds a Following at Home and in the U.S.
By Mary Jordan
Washington Post Foreign Service
Monday, May 31, 2004


More about Alfredo Gallegos Lara, a Mexican priest defrocked for his
habit of wearing a pistol beneath his robes, despite strict laws
in Mexico banning private citizens from carrying guns. Also known for
his love of cowboy boots and country music, Gallegos says he only
carries a gun for protection, noting several of his friends have been
killed over the years.


An Englishman's home is his dungeon
Mark Steyn
The Daily Telegraph (UK)
December 7, 2004

"An Englishman's home is not his castle, but his dungeon and ever more
so - window bars, window locks, dead bolts, laser security, and no
doubt biometric recognition garage doors, once the Blunkett national ID
card goes into circulation."

Knife culture? Cut the crap!
Brendan O'Neill
Spiked Online
December 16, 2004

There is little evidence for a 'rising tide of knife crime' in Britain.

So what do you do when your home is burgled?
Dr. Ian Stephen
The Scotsman
December 1, 2004

It takes more than repairing the locks and replacing lost valuables for
victims to get over the trauma of a break-in, as Dr. Stephen
illustrates. He is an Honorary Lecturer in Forensic Psychology at
Glasgow Caledonian University. A major cause of such stress is the
need under current law to override the natural urge to defend oneself
against an intruder.

Murderous London is like old New York
Janet Daley
December 1, 2004
The Daily Telegraph


Nowadays, it is the British who do not dare to venture out of doors
after dark, not the citizens of the United States.

Under-18s To Face Knife Ban
The Guardian
December 15, 2004

"In an attempt to allay fears about rising levels of violence, shops
will be banned from selling knives to under-18s (they currently cannot
sell to those under 16) and stiffer penalties will be imposed on those
caught carrying knives on the street."

'Burglars Have Rights' Says Government's Top Lawyer
Tim Moynihan
December 11, 2004

"We must protect victims and law-abiding citizens. But we have to
recognise that others have some rights as well. They don't lose all
rights because they're engaged in criminal conduct." This from

Britain's Attorney General, Lord Goldsmith.

United Nations

Jim Geraghty
The National Review Online

The United Nations has received a report from its own investigators
detailing years of sexual abuse, extortion, and bribery in its own
peacekeeping operation in Congo.

4. The States

New Jersey

Group takes aim at full state ban on hunting
Terrence Dopp
The Gloucester County Times (NJ)
December 8, 2004


Buoyed by the defeat of a planned black bear hunt this year, one animal
rights group has announced it has a statewide hunting ban in its


University of Oklahoma Administration Plots to Punish Professor for
Political Beliefs, Whistleblowing
Press Release
Foundation for Individual Rights in Education
December 8, 2004

The University of Oklahoma removed Professor David Deming,

a faculty member who spoke out on behalf of Second Amendment rights,

from his department and moved his office to the basement - all
the while claiming to respect the principles of academic freedom.

Harassed Professor Files Suit Against Univ. of Oklahoma
Jim Brown
Agape Press
December 10, 2004

"Tenured geology professor David Deming has filed a lawsuit against OU
for stripping him of his office and most of this courses. The
Foundation for Individual Rights in Education (FIRE), which has
advocated on his behalf, claims OU administrators plotted to ostracize
Deming for his outspoken political views and attempts at whistle

Philadelphia Police Chief and School Leader Apologize for Schoolgirl's
Arrest and Handcuffing Over Scissors
Maryclaire Dale
The Associated Press
December 13, 2004

Police officers decided a 10-year-old Philadelphia girl who took
scissors to school hadn't committed a crime and let her go, but school
officials suspended her for five days, later reduced to two. The
scissors were discovered while students' belongings were being searched
for property missing from a teacher's desk.

5. Culture

School Fight Captured On Camera
Pam Dixon
December 15, 2004

"Even though another student is seen hitting Donald first, Donald, too,
is facing an arrest through the school system's zero tolerance fighting

Additional examples of 'Zero Tolerance' in action may be found at:




Bellicose Women's Brigade
Home Page

An effort to present information on the subject of self-defense to women.

Assault Weapon Watch
Home Page
The Coalition to Prevent Assault Weapon Violence

This page allows viewers to do their own part to prevent assault weapon
violence on-line. Strongly recommended.

Hey, At Least He's Consistent
Clayton Cramer
Clayton Cramer's Blog
December 13, 2004


Another life-saving device Arthur Kellerman doesn't want you to have in a home.

Americans Softening on Tougher Gun Laws?
Darren K. Carlson
The Gallup Organization
November 30, 2004

This article requires a paid subscription to read, but

The People's Rights Organization

An Ohio-based 2nd Amendment advocacy group, provides a précis, excerpted here:

"Public support for stricter gun laws has declined 17 percent in the
past decade, and nearly two-thirds of the American public would not
support banning handguns for anyone but police and other "authorized
persons," according to the results of an October Gallup crime survey.

In its report on the survey, "Americans Softening on Tougher Gun Laws?"
Gallup noted that even after the 10-year ban on so-called assault
rifles came to an end, only 54 percent of those surveyed said laws
covering the sale of firearms should be more strict. This is a drop
from the 71 percent who supported tougher laws during the period of
1990-1993, the report said. "The results," said Gallup's report,
"portray a populace that has become more hesitant in recent years to
say gun laws should be made more strict..."

6. History

Jewish Partisan Educational Organization
Home Page

"Most people don't know there were 20,000-30,000 Jews who fought back
against the Nazis as Jewish partisans. These Jews were responsible for
blowing up thousands of Nazi trains, sabotaging armored convoys, and
thwarting the Nazi War Machine in countless ways. This information has
the power to transform people's perception of the Jewish experience
during the Holocaust."

Truth and Guns
Larry Bronstein
Reader Responses
The Wall Street Journal
December 1, 2004


"It is interesting to note that George Washington's collection of swords
and guns is sheltered from public scrutiny. Our Founding Fathers knew
that arms were necessary first to gain freedom and then to protect it.
Hence the wisdom of our Second Amendment that provides each citizen the
right to bear arms. The public would do well to be reacquainted with the
times and wisdom of Mr. Washington."

7. Law

Felon may have right to 'just compensation' for guns police seized;
Court rules Balto. County cannot keep the firearms
Lisa Goldberg
The Baltimore Sun
December 15, 2004

A man who has been fighting for the return of guns seized by Baltimore
County police after his 1999 conviction and sentencing for auto
manslaughter may be entitled to compensation for them, Maryland's
highest court has ruled.

Chiago v. Beretta



The State Supreme Court of Illinois threw out Chicago's lawsuit against
gun manufacturers on November 18th. Writing for the court, Justice
Rita Garman said the city's claims are "the result of numerous
unforeseeable intervening criminal acts by third parties not under
defendant's control."

Anti-Hunters Create Litigation Division: Humane Society Of The United
States To Challenge Hunting Via Courts
Press Release
U.S. Sportsmen's Alliance
December 3, 2004

An Animal Protection Litigation section was created in the wake of the
recent merger of the Humane Society of the United States (HSUS) and the
Fund for Animals. The organization will seek to eradicate hunting
through suits in the courts.

Proposed laws

S.F. ballot will have sweeping ban on handguns
Lisa Leff
The Associated Press
December 16, 2004

San Francisco's 10 legal concealed carry holders would lose their
weapons if the initiative placed on next year's ballot by San
Francisco's board of supervisors passes. As an aide put it,
"...Officers will have an opportunity to interact with folks and, if
they have a handgun, that will be reason enough to confiscate it."

Draft Bill
2005 Montana Legislature
Prepared by Montana Legislative Services
December 2, 2004

A proposed bill in this state aims to remove Federal control over
purely intrastate firearms ownership and manufacture.


8. Research

Reducing Gun Violence: The St. Louis Consent-to-Search Program
The National Institute of Justice
November, 2004

The St. Louis Consent-to-Search Program used community-based sources to
identify homes where juveniles might be harboring guns. Police then
sought parental permission to search for and confiscate any illegal
guns. This report describes the program's setbacks and implications for
community policing. (Report itself requires Adobe Acrobat Reader)

Welcome! from THE GUN GUY
Home Page

This site is a collection of thousands of firearm-related web links.

Accidental Firearm-related Fatalities Drop to All-time Low
Press Release
The National Shooting Sports Foundation
December 7, 2004

A report from the National Safety Council shows that accidental
firearm-related fatalities continue to decline and are at the lowest
level in the history of record keeping. Statistics in the council's
"Injury Facts 2004" reveal a 54 percent decrease over a 10-year period
ending in 2003.

Gun Facts Booklet
Guy Smith
Gun Facts

Guy Smith's Gun Facts booklet, version 4.0,is now online in PDF format.
"Gun facts is a free e-book that debunks common myths about gun

Four Square Plan
Guy Smith
Gun Facts

Guy Smith presents a list of objectives and means to achieve them for
firearms rights activists.

Mental Illness & The Mass Murder in Columbus
Clayton Cramer
Clayton Cramer's Blog
December 9, 2004


"The swing from the 1950s--when an adult in Florida was
institutionalized just on the say-so of his parents--to the current
situation, where mentally ill people get no help until they kill
someone--has gone too far. This recent mass murder in Columbus has a
lot of mentall illness fingerprints on it."

Smart Gun Requirement Still at Least Five Years Away
Steve Strunsky
Associated Press
December 9, 2004

Researchers are making progress in developing "smart gun" technology,
but it will still be at least five years before a 2002 New Jersey law
requiring it can take effect, officials said Thursday.

This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice,
is also a poet, writer and factotum of matters electronic to
Dave Kopel.

Al Qaeda delenda est!

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