Dave Kopel's Second Amendment Newsletter. January 18, 2002

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.

Archive of past issues.

Dave Kopel's
Second Amendment Project is based at the Independence Institute, a
free-market think tank in Golden, Colorado.

Delivery of this newsletter comes courtesy of the
Second Amendment Foundation, in Bellevue, Washington http://www.saf.org

Please visit Dave Kopel's website, containing articles on
the Second Amendment and other freedom topics. http://wwww.davekopel.org

Table of Contents for this issue:

1. New Kopel short articles: Fifty Caliber guns. Ashcroft and background check records. Imagining a world without guns. Gun rights in Italy. Review of new Kleck/Kates book.

2. New Kopel long articles: Smart Guns/Foolish Legislators.
Gun Shows Issue Paper.

3. Killer at Appalachian Law School was stopped by a student retrieving a handgun from his car.

4. Links galore: Columnists. Race/Civil Rights.  Education.  History. Politics.  International.  Law. War on Terrorism.

1. New Short Articles from Kopel

a. Book review of "Armed: New Perspectives on Gun Control,"
by Gary Kleck and Don Kates. National Review Online.

b. "Guns and (Character) Assassination."
Phony charges about fifty caliber guns.
National Review Online. With Timothy Wheeler.

c. "Terrorism and Guns." Ashcroft's "coddling" of gun owners. Privacy of records of law-abiding gunowners. National Review Online. With Glenn Harlan Reynolds.


d. "A World Without Guns." Be forewarned: It's not a pretty picture.
National Review Online. Dec. 5, 2001. With Paul Gallant and Joanne Eisen.


e. "Gianni, Get Your Gun." The surprising emergence of gun rights in Italy. Chronicles. Dec. 2001. With Carlo Stagnaro.

f. Back in the news: Zimbabwe's President Robert Mugabe takes dictatorial powers. For some details on how Mugabe disarmed his victims before becoming a dictator, see: "Ripe for Genocide." Zimbabwe. National Review Online. Feb. 13, 2001. With Paul Gallant & Joanne Eisen.

2. New Long Articles by Kopel

a. Coming soon: Major new Issue Paper on gun shows, co-authored with Alan Korwin. Check www.davekopel.org for a release.

b. "Smart Guns/Foolish Legislators: Finding the Right Public Safety Laws, and Avoiding the Wrong Ones." 34 Connecticut Law Review 157 (2001). With Cynthia Leonardatos and Paul H. Blackman. Major law review article on the dangers of smart gun mandates. Also discusses the dangers of gun storage mandates. Not yet available on the web (any volunteers to help me format it?), but available in your nearest academic law library. Dues-paying members of the Independence Institute can get a free hard copy; just e-mail the request, along with your postal address, to ron@i2i.org

3. Grundy Murderer was Stopped by an Armed Student with a Handgun

"Students ended the rampage by confronting and then tackling the gunman, officials said. "'We saw the shooter, stopped at my vehicle and got out my handgun and started to  approach Peter,' Tracy Bridges, who helped subdue the shooter with other students, said Thursday on NBC's 'Today' show. 'At that time, Peter threw up his hands and threw  his weapon down. Ted was the first person to have contact with Peter, and Peter hit him one time in the face, so there was a little bit of a struggle there.'"

Source: "Va. gunman tells judge he is sick",
MSNBC.com, Jan. 17, 2002


4. Links Galore

a. Columnists and Commentary

Gun-control advocates should change their tune
By Matt Rosenberg
Seattle Times
Jan. 16, 2002


Gun Shy
The American Prospect
Wendy Kaminer


Pistol-packing sisters
By Gary Aldrich
WorldNet Daily

Arm the Chicks
Regulation (Cato Inst.)
Fall 2001 http://www.cato.org/pubs/regulation/regv24n3/finalword.pdf

The Op-Ed's Hidden Agenda
By Glenn Harlan Reynolds
Fox News, January 03, 2002

Less Guns, More Gun Crime
John Derbyshire
National Review Online
Jan. 17, 2001


Pseudo-Republicans: Leave Gun Rights Alone
By Tanya Metaksa
Dec. 5, 2001


The Orwellian Evil of "Reasonable" Gun Laws
By Richard Poe
December 14, 2001


Gun Ownership - Are We Fit to Be Free?
Phil Brennan
Dec. 19, 2001


4.b. Race/Civil Rights

Second Amendment Rights Not a Matter of Race
by Jimmie Lee Hollis
The National Leadership Network of Conservative African-Americans

'Negroes With Guns'
Dr. Michael S. Brown
Dec. 28, 2001

Gun Laws Breed Corruption
Dr. Michael S. Brown
Jan. 10, 2002

4.c. Education

"Zero-tolerance" policies aim to reduce school violence
But critics doubt rules' efficacy
Mackinac Center
Dec. 13, 2001

The White Room:  A Gun Education Program for America's Schools By Ted Nugent Texas Education Review Winter 2001-2002

Where to find a shooting range in your community, and other info about ranges: www.wheretoshoot.org www.rangeinfo.org

4.d. History

Gun Owners of America has been producing a series of investigative op-eds about all facets of the Bellesiles hoax. The series now has 26 articles. Lots of details on a wide variety of issues.

Stranger in a Strange Land: The Scandal of Arming America.
A prizewinning work of history doesn't stand up to examination. by John Wilson Christianity Today Online

Book's validity questioned
By Karen Samples
The Cincinnati Enquirer
January 12, 2002


Tanya Metaksa
Arming America: Fiction, not History
Jan. 8, 2002


Fox News
Video report on the Bellesiles scandal

"Armed America": Clayton Cramer's book-length expose of "Arming America." http://www.claytoncramer.com/ArmingAmericaLong.pdf

Nostalgia: The very first printed magazine to expose "Arming America."
"Disarming Errors." Book review of Michael Bellesiles' "Arming America."
National Review, print edition. By Dave Kopel & Clayton Cramer Oct. 9,2001 http://www.davekopel.org/2A/Mags/DisarmingErrors.htm

4.e. Politics

The American Medical Association:
Leftist Politics and Bureaucratic Incompetence Fuel Dramatic Membership Decline
Capital Research Center
November 2001


Liddy Dole Wins Support in Carolina
Jan. 15, 2002


Rosie O'Donnell stumps for Janet Reno at Florida fund-raiser The Associated Press Dec. 30, 2001

Gun permit holders want fewer restrictions
By Durenk Cheek
The Tennessean


Who is the NRA?
By: Tanya Metaksa
January 14, 2002


4.f. International

Mobile Phone Shootings Shock Britain
By Ed Johnson
Associated Press Writer
January 9, 2002

Tory split over defence of home
By Sarah Womack
The Telegraph
Jan. 7, 2002


4. g. Law

Federal Courts:

Third Circuit Court of Appeals affirms trial court's dismissal of abusive anti-gun lawsuit. Court notes that all gun sales take place according to strict regulation created by the government, and that retail gun sales all receive government authorization before the sale.

State Courts:

The Lakeland Ledger
Thursday, December 6, 2001
Dad Charged With Unsafe Storage of Gun
The man's 10-year-old son found a gun in the family home and accidentally shot a friend.

Too many guns?
by Jacob Sullum
Jan. 4, 2002
Commentary on Illinois intermediate Court of Appeals Case, which allowed part of a lawsuit against gun manufacturers to go forward, based on "public nuisance" theory that manufacturers deliberately oversupply legal markets, so that criminals can buy guns


New Jersey
State trial court allows part of abusive anti-gun lawsuit to move forward.
Gun Makers Must Face Municipality's Claims for Cost of Violence State court judge allows suit to proceed Mary P. Gallagher

New Jersey Law Journal December 18, 2001



Ohio trial court rules ban on concealed carry to violate Ohio constitution. Lawsuit was brought by the Second Amendment Foundation. Ruling is on hold, pending appeal by the government. Would apply Only in Hamilton County (Cincinnati).

Washington state statute provides reimbursement for legal expenses for defendants who are acquitted on grounds of self-defense. This law apparently dates back to 1977:

RCW 9A.16.110
Defending against violent crime -- Reimbursement.
(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever f or protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
 (2) When a person charged with a crime listed in subsection (1) of this section  is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.
(3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.
Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or to grant a higher award than one granted under this section.
 (4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section.
 (5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:

Top of Form
answer yes or no
1. Was the finding of not guilty based upon self-defense?
2. If your answer to question 1 is no, do not answer the remaining question.

3. If your answer to question 1 is yes, was the defendant: a. Protecting himself or herself? b. Protecting his or her family?. c. Protecting his or her property? d. Coming to the aid of another who was in imminent danger of a heinous crime? e. Coming to the aid of another who was the victim of a heinous crime? f. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged? Bottom of Form

4. h. War on terrorism

The Federal Aviation Administration is soliciting public Comment on armed pilots. Comments must arrive before February 14, 2002: Docket No. FAA-2001-111229 Public Docket Office Department of Transportation 400 Seventh Street SW., Room PL-401 Washington, D.C. 20590-0001

Security blanket
Tracy W. Price
Washington Times
Jan. 17, 2002

Airline pilot argues for armed pilots.

Quest for airplane-friendly bullets
Creating loads safe for use on jets is tricky, but demand exists

By Paulo Prada The Wall Street Journal Dec. 27, 2001

Privacy in sheep's clothing
By Brock N. Meeks
Dec. 19, 2002

Media Equates Gun Owners with Terrorists
By Tanya Metaksa
December 18, 2001


Investment Arms, Inc.,
of Fort Collins, Colorado, is selling a special edition rifle to benefit the families of police officers and firefighters killed on September 11.

Al Qaeda delenda est!

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