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.
Archive of past issues.
Dave Kopel's Second Amendment Project is based at the
Independence Institute, a free-market think tank in
Golden, Colorado.
http://www.independenceinstitute.org
1. New by Kopel:
2. Dave's National Review Weblog Entries
3. Guest Editorial by Don Kates
4. Self Defense
5. International
6. Terrorism
7. Law
8. Research
9. The States
Lions vs. Tigers. The precarious state of Sri Lanka.
The Return of a Legislative Legend. Debating "cop-killer" ammunition.
Erasing A Clinton Legacy: Rolling Back Antigun Regs. New law protects privacy rights of law-abiding gun owners.
"Global Deaths from Firearms: Searching for Plausible Estimates."
Texas Review of Law & Politics, Vol. 8, no. 1 (Fall 2003)
https://webspace.utexas.edu/starrbd/articles/Kopel.pdf
David Kopel, Paul Gallant and Joanne Eisen lead off our symposium
articles from the Symposium on the Legal, Economic, and Human Rights
Implications of Civilian Firearms Ownership and Regulation. They
note
that proponents of gun control often claim that Small Arms and Light
Weapons account for 500,000 deaths annually. But they then
demonstrate
that existing data does not support such a finding and that firearm
prohibition would only prevent a small number of deaths by
civilian-owned firearms.
2. Kopel weblog entries on the National Review Online's "The Corner"
http://www.nationalreview.com/thecorner/corner.asp
Feb. 26, 2004
GUNS IN MISSOURI [Dave Kopel]
The gun-prohibition lobby has suffered a major defeat in the
Missouri
supreme court. Today the court ruled that Missouri's new law to
create
concealed-handgun permits for licensed, trained citizens who pass a
background check. The law was enacted last fall, when the Missouri
legislature over-rode the governor's veto. The gun-prohibition
lobbies
quickly filed suit against the new law, shopped for an anti-gun
judge,
and obtained a temporary injunction against the concealed-carry law.
The Missouri supreme court overturned the injunction, thereby
allowing
the law to go into effect.
Article I, section 23, of the Missouri constitution states: "That
the
right of every citizen to keep and bear arms in defense of his home,
person and property, or when lawfully summoned in aid of the civil
power, shall not be questioned; but this shall not justify the
wearing
of concealed weapons." The obvious meaning of the final clause is
that
concealed carry is not part of the right to keep and bear arms. The
Missouri legislature could prohibit concealed carry entirely, could
allow unrestricted concealed carry, or could allow concealed carry
under certain circumstances. The Missouri legislature chose the
third
option: prohibiting concealed carry except for people who are given
a
license according to state standards.
The gun prohibition groups made the preposterous argument--with the
trial judge in Saint Louis accepted--that the constitutional clause
forbids concealed carry under all circumstances. The Missouri
supreme
court rejected this absurd claim. The court wrote: "There is no
constitutional prohibition against the wearing of concealed weapons;
there is only a prohibition against invoking the right to keep and
bear
arms to justify the wearing of concealed weapons." A contrary
decision
would have made it illegal for even police officers to carry
concealed
guns.
Not long ago, the New Mexico supreme court rejected a similarly nonsensical claim against a new concealed-carry law in the Land of Enchantment.
The Missouri supreme court did rule that the new law cannot go into
effect in four counties, because the law, at least arguably, imposes
an
unfunded mandate on local law enforcement for the cost of issuing
the
permits. The Missouri constitution's "Hancock Amendment" prohibits
unfunded mandates. Sheriffs are allowed to charge a fee of up to
$100,
but a few sheriffs have argued that the fee is inadequate. It is
expected that the issue regarding appropriate fees will not be
difficult to fix by the state legislature.
Feb. 2, 2004
SECOND AMENDMENT AND KERRY [Dave Kopel]
After winning the New Hampshire primary, John Kerry told CNN, "I've
been a hunter all my life, and I'm a gun owner, and I've never
thought
of going hunting with an AK-47. I believe in the Second Amendment."
Indeed, while Kerry has almost always voted with the anti-gun lobby,
on
May 17, 2000, he was part of the 69-30 Senate majority that passed a
non-binding resolution urging respect for Second Amendment rights.
The
resolution, Amdendment no. 3150by Senator Lott began: "(a)
FINDINGS.--The Senate makes the following findings: (1) The Second
Amendment to the United States Constitution protects the right of
each
law-abiding United States citizen to own a firearm for any
legitimate
purpose, including self-defense or recreation." The resolution
concluded that "It is the sense of the Senate that:...The right of
each
law-abiding United States citizen to own a firearm for any
legitimate
purpose, including self-defense or recreation, should not be
infringed."
Senator Kerry has pledged that as President he would only appoint
judges who support Roe v. Wade. Accordingly, it is reasonable to ask
Senator Kerry if he will promise to appoint only judges who agree
with
Kerry that "The Second Amendment to the United States Constitution
protects the right of each law-abiding United States citizen to own
a
firearm for any legitimate purpose, including self-defense or
recreation."
================
3. Guest editorial
DON KATES COMMENTARY AND ACCOMPANYING STORY:
INTRODUCTION
The tragic story that follows epitomizes the problem of government
misfeasance and nonfeasance. A promising young woman was murdered
(after
being raped) arguably because Philadelphia beat cops did not know
that
there was a serial rapist striking in one of the better areas of the
city. They did not know that because the Philadelphia Police
Department
had an unofficial policy of making its crime statistics look better
and
reducing work and stress on detectives by systematically minimizing
or
completely ignoring rapes (and other violent crimes).
Some of you may be, as I am, fans of "WEB" Griffin and may know that
in
addition to the novels for which he is noted, he has a series on the
Philadelphia Police Department oxymoronically called "Badge of
Honor."
In private WEB does not attempt to defend this term and admits he
picked
Phili simply because he knew someone in the Department. In fact, the
term "Badge of Dishonor" is a more accurate description of this
department which has long been known for corruption, chaos and
brutality. If not the worst, it is certainly among the worst big
city
departments in the nation.
WHAT IS TO BE DONE?
Having spent a good many years handling and writing about alleged
police
misconduct cases, I believe there is a simple, practical measure
that
can alleviate much of the problem in this department and other
police
agencies, and government misfeasance and nonfeasance in general.
That
solution is to energize the deterrent power of punitive damages.
To understand the imperative for punitive damages it is necessary to
know what the distinction is between compensatory and punitive
damages.
As the story below states, the parents are suing Phili under the
federal Civil Rights Act (42 U.S.C. § 1983) for $3.4 million. As
also stated, their winning is dependent on proving something that is
probably unprovable for it is probably untrue: that the Phili cops
were
downplaying rape because they don't care about women. On the
contrary,
they were evenhandedly downplaying all violent crime because they
want
to do less work and make themselves look less bad and they don't
care
about any ordinary person, male or female.
More important, however, even if the Schiebers get their $3.4
million it
will have no effect other than to make them and their lawyer richer.
That is because the $3.4 million will be levied against the city and
be
paid by the hapless taxpayers who are helpless to do anything
against
the officials actually responsible for the policy involved. None of
those officials are going to be discomfited in the least. Even if
the
verdict would result in decreasing the funds available to the Phili
police department that would only result in citizens getting less
police
protection, not in deterring police misconduct. (Moreover, note
that,
even assuming reducing departmental resources inconvenienced its
current leadership, that would mean nothing for the guilty
officials. As
the article notes, by now they have either retired or moved on to
head
other police departments elsewhere.)
This is not an isolated problem, but rather a universal one with
government misconduct. Indeed, it is far worse with the federal
government. Randy Weaver received a $3 million settlement for the
F.B.I.'s killing his wife etc. conduct so unlawful that several
agents
present at Ruby Ridge refused to follow the invalid "Rules of
Engagement" promulgated by their superiors. Why would the F.B.I.
settle
for $3 million?
Why not when none of those responsible lost anything nor did the FBI
itself? The award was simply passed on to the federal treasury while
the
actual wrongdoers got off scot free. (The agent who killed Mrs.
Weaver
was indicted for manslaughter by the state prosecutor, but the FBI
just
had the case removed to federal court and summarily dismissed w/o
trial.)
Now I am not denying that Randy Weaver and the Schiebers should be
compensated for their respective losses. But the difference
between compensatory damages and punitives is that the latter are
levied only against the officials or officers actually responsible
for
the wrong-doing. Suppose each of the defendant officers or officials
in
the Schieber case (or the Weaver case for that matter) were held
liable
for $1 million in punitive damages. They would have to pay those
damages, not their agencies. These defendants might take refuge in
bankruptcy of course, assuming they could make the necessary
financial
showing. But that would only magnify the deterrent effect. Officials
and
officers across the nation would be deterred from misconduct by the
news
that a bunch of Phili cops had been forced into bankruptcy by a
civil
verdict for misconduct.
There, however, is the rub. Plaintiffs' attorneys are liable to shy
away
from seeking, or at least pressing, punitive claims. On the one
hand,
the discovery required to pin down exactly who was responsible for
the
wrong is expensive and time consuming and complicates the issue at
trial. On the other hand, collecting a punitive damage judgment is
usually very difficult if the defendant goes bankrupt or if
collecting
requires attaching his assets or paycheck for years.
Nevertheless it is not impossible to motivate plaintiffs' lawyers to
actively seek punitives. One obvious measure would be to make it
counsel's duty to do so in any case of intentional tort by a
government
employee or officer and provide that the court would examine whether
counsel failed to actively seek punitive damages in a case in which
they
were likely. If counsel had failed, s/he would just lose the
contingent
fee.
I do not suggest that these issues are simple or that better
alternatives are unavailable. But I feel very strongly that this is
a
form of "tort reform" that is urgently needed . Incidentally, I am
not a
trial lawyer and my suggestion will not find favor with trial
lawyers.
Also, I have been involved in defending officers and departments as
well
as in suits against them.
4. Self-defense
Subway Hero: No One Helped
Neil Graves
The New York Post
Jan 14, 2004
http://pqasb.pqarchiver.com/nypost/524476111.html?did=524476111&FMT=CITE&FMTS=FT&date=Jan+14,+2004
&author=NEIL+GRAVES&desc=SUBWAY+HERO:+NO+ONE+HELPED
"A good Samaritan who was viciously slashed as he defended another
subway rider from a razor-wielding robber said yesterday no other
passengers came to his aid-
Sword-Wielding Teen Captures Suspect
Greg Jonsson
St Louis Today
Jan. 30 2004
http://209.157.64.200/focus/f-news/1068689/posts
Joshua Cary heard a noise in the basement, grabbed a sword from his
big
brother's collection and went downstairs to investigate. The
14-year-old
didn't mince words. "I'm going to give you until the count of three
to
come out, or I'm going to stab you," he yelled Thursday, according
to
his mother, Rebecca Cary. Soon, a handcuffed man emerged, saying, "I
didn't do it."
5. International
Sword Ban After Attacks
Misha Ketchell
The Age Online
March 9, 2004
http://www.theage.com.au/articles/2004/03/08/
1078594297517.html?from=storyrhs
Swords will come under tough new controls from July as the
Australian
Government cracks down on violence. Anyone with a sword in their
home
will have three options: sell it to a licensed dealer, hand it in to
police, or apply to police for permission to keep it as a collector.
Canada's Gun Law Unconstitutional
CBC North News
March 4, 2004
http://north.cbc.ca/regional/servlet/View?filename=nor_guns20040304
An Ontario judge has ruled that Canada's gun registry violates
treaty
rights of Aboriginal hunters.
Disabled Man, 71, Arrested For Killing Armed Robber
Expatica
13 January 2004
http://www.expatica.com/source/site_article.asp?subchannel_id=19&story_id=3585
A 71-year-old invalid vehicle yard owner in Amsterdam has been
arrested
for shooting and killing a man during an attempted armed robbery
last
month, but the businessman claims he acted in self-defense.
More Guns, Less Beeb?
By Scott Norvell
Tech Central Station
March 12, 2004
http://www.techcentralstation.com/012304A.html
BBC Radio show organizers were obviously aghast when the winner in a
'Best Law for the New Year' call-in poll, with 37 percent of the
vote,
was a law allowing homeowners to use "any means" to defend their
property from intruders.
Calls to Sack 'Gun Lessons for Children' MP
Rod Minchin
The Scotsman
March 9, 2004
http://news.scotsman.com/latest.cfm?id=2627365
"Mothers Against Murder and Aggression" said that Patrick Mercer's
comments that the British gun ban was useless and that children
should
be taught to handle firearms were "crass" and "appalling", while the
SNP said the Tories should either "back him or sack him".
Second Amendment Set to Go Global With First Stop England
Jan Ireland
Mensnewsdaily.com
March 20, 2004
http://www.mensnewsdaily.com/archive/j/ireland/2004/ireland032004.htm
Alan Gottlieb's Citizens Committee for the Right to Keep and Bear
Arms
is opening a branch in England with plans to agitate for the right
of
citizens to keep arms for their defense in countries besides the
United
states.
6. Terrorism
Dominate. Intimidate. Control: The Sorry Record of the
Transportation Security Administration
James Bovard
Reason Online
February 2004
http://www.reason.com/0402/fe.jb.dominate.shtml
As Bovard puts it, "arrogant, abusive, incompetent, and expensive,
the
TSA is, in the words of the House Appropriations Committee,
"seemingly
unable to make crisp decisions...unable to work cooperatively with
the
nation's airports; and unable to take advantage of the multitude of
security-improving and labor-saving technologies available."
6. History
Bellesiles Hoax Continues: Shameless liar returns.
Kimberley A. Strassel
The Wall Street Journal
February 6, 2004
http://opinionjournal.com/columnists/kstrassel/?id=110004653
Michael Bellesiles, author of the discredited 'Arming America,' has
found another publisher after his first abandoned him. Soft Skull
Press has not only agreed to reissue "Arming America" but has
decided
to release Mr. Bellesiles's latest response to his critics. It does
not convince Ms. Strassel.
7. Law
Airsoft Guns A Rage With Young Boys; Dangers Cited
John Sleezer
The Kansas City Star
February 10, 2004
http://www.kansascity.com/mld/kansascity/7915178.htm?ERIGHTS=-955011171770345056
Realistic-appearing toy guns that shoot soft plastic pellets are
becoming objects of concern to Kansas City area governments. Laws
are
in effect similar to the proposed Denver 'slingshot ban.'
Victory in Missouri
Clayton W. Cramer
The Shotgun News
November 1, 2003
http://www.claytoncramer.com/Victory%20in%20Missouri.pdf
Over the most strident efforts of the Missouri anti-RKBA officials
and
lobby, the state of Missouri has at last joined the ranks of the
'shall
issue' concealed carry permit states.
Church Ban On Guns Allowed
Bill Gardner
St. Paul Pioneer-Press
March 17, 2004
http://www.twincities.com/mld/twincities/8203113.htm
Hennepin County District Judge Marilyn Rosenbaum ruled that the
handgun
permit law infringes upon the churches' "free exercise of religion
as
guaranteed by the Minnesota Constitution." Her ruling allows
churches
to ban guns in their parking lots and day-care facilities as well as
the church building.
8. Research
Stephen P. Halbrook
"Citizens in Arms: The Swiss Experience"
The Texas Review of Law & Politics
Volume 8, Issue 1 (Fall 2003)
https://webspace.utexas.edu/starrbd/articles/Halbrook.pdf
The author argues that arming a country's citizens in peacetime
prevents foreign aggression and does not lead to increased crime.
Mr. Halbrook examines the prevalence of gun ownership and use in
the Swiss culture and its effect of preventing German invasion
during World War II.
Joyce Lee Malcolm
"Lessons of History: Firearms Regulation and the Reduction of Crime"
"Citizens in Arms: The Swiss Experience"
The Texas Review of Law & Politics
Volume 8, Issue 1 (Fall 2003)
https://webspace.utexas.edu/starrbd/articles/Malcolm.pdf
Malcolm analyzes the history of violent crime and gun control in
England and shows that violent crime was least when gun control did
not
exist and that increasing gun control has resulted in increasing
violent crime.
James Swan
"Peaceful Arms: Hunting and Sport Shooting"
The Texas Review of Law & Politics
Volume 8, Issue 1 (Fall 2003)
https://webspace.utexas.edu/starrbd/articles/Swan.pdf
Swan brings out the oft-unreported positive impacts of hunting and
sport shooting on the economy, the environment, the culture, and
mental
health.
Do Gun Control Activists Pad Gun Death Statistics?
Wendy McElroy
Fox News Commentaries
March 03, 2004
http://www.foxnews.com/story/0,2933,113094,00.html
Those seeking to exploit the recent release of the Columbine police
documents and other firearms tragedies for an anti-RKBA agenda are
using categories of data among their figures that are more than
slightly dubious.
Concerns about gun stores misguided
Doug Pike
The Houston Chronicle
Jan. 19, 2004, 9:04PM
http://www.chron.com/cs/CDA/ssistory.mpl/sports/2361320
A Washington-based non-profit group called Americans for Gun
Safetyclaims to take the middle ground on gun ownership. Mr.
Pike has many reasons to question its neutrality.
9. The States
Gun records bill gains in Senate
Marc Caputo
Miami Herald
March 25, 2004
http://www.miami.com/mld/miamiherald/news/state/8269912.htm
Florida Police departments would be banned from compiling some gun
records that could help them solve some crimes more quickly, under a
proposal that legislators want the governor to sign into law.
Home Protection' Gun Bill Passes Illinois House
Leslie Griffy and Dave Mckinney
Chicago Sun-Times
March 25, 2004
http://www.suntimes.com/output/news/cst-nws-leg25.html
Objections from urban-area lawmakers failed to stop a measure in Springfield that would allow citizens who break city gun ownership laws to avoid fines incurred while using firearms in self-defense.
Bloomy's 'Fun' Gun
David Seifman
The New York Post
March 17, 2004
http://www.nypost.com/news/regionalnews/21071.htm
New York City's Mayor Bloomberg demands the banning of realistic toy
guns after police officers have shot several people 'armed' with
them.
Review: Dillon Precision Hp-1 Hearing Protectors
'Syd'
The Sight
http://www.sightm1911.com/lib/review/hp1.htm
This is a great product. I own a pair, and they work beautifully!
Firearms defense instructors recommend electronic sound
suppression/enhancement devices such as these even for home defense
uses.
10. Politics
Mark J. Penn & Peter Brodnitz
Winning the Gun Vote
New Democrats Online: The Democratic Leadership Council's Online
Community
October 16, 2003
http://www.ndol.org/ndol_ci.cfm?kaid=119&subid=157&contentid=252103
These two members of the 'Americans for Gun Safety' group provide
the
Democratic Party with the results of a survey their organization
conducted as to why supporters of the 2nd Amendment do not support
their party.
This newsletter is compiled with help from Dr. Rob S. Rice. Dr.Rice,
who will not testify in public, is a historian, writer and factotum
of
matters electronic to Dave Kopel.
Al Qaeda delenda est! Abu Abbas mortus est. Sic melior.