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Second Amendment Newsletter. March 21, 2003

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 Newsletter. March 21, 2003.
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

Please visit Dave Kopel's website, containing articles on
the Second Amendment and other freedom topics.

To subscribe to this free e-mail newsletter, please send
a request to Joshd@liberty.seanet.com

Table of Contents for this issue

1. New by Kopel: Amicus brief in case of student censored for

wearing NRA shooting sports t-shirt. Analysis of Treasury v.

Chicago Supreme Court case. Backgrounder on Colorado's

new preemption law.

2. Law: Irrational college bans on concealed carry.

3. International: Canadian registry fiasco.

4. Terrorism: Citizen safety tips.

5. States: DC lawsuit against city's handgun ban.

6. Research: Philosophy prof explains the right to own a gun.

7.  History and Culture: Why Condaleeza Rice supports the Second Amendment

and much more.

1. New by Kopel

 Amicus brief in Newsom v. Albermarle

Middle school threatens to punish a student for wearing an NRA

shooting sports camp t-shirt.

Motion for a preliminary injunction was denied by federal district

court and is currently on appeal to the Fourth Circuit Court of

Appeals. Independence Institute amicus brief argues that

shooting sports are wholesome and promote good character,

and that speech promoting shooting sports cannot rationally be

censored in a public school.


Treasury v. Chicago

The City of Chicago won a case before the 7th Circuit Court of Appeals

arguing that the Freedom of Information Act gave Chicago the

right to the full BATFE databases of multiple handgun purchasers

and of firearms traces. The Treasury Department appealed to the U.S.

Supreme Court. The case and its legal arguments are outlined in:

"When Must the Government Disclose Gun Owners' Names and Addresses?"


In February, Congress passed an appropriation bill explicitly forbidding

BATFE from spending money on disclosures such as those which Chicago

would compel. The Supreme Court returned the case to the 7th Circuit

to determine the appropriations rider's effect on the case.

On March 18, Colorado Governor Bill Owens signed SB 24,

creating a uniform statewide Shall Issue CCW system. He also

signed SB 25, which preempts some abusive anti-rights local laws.

SB 24 prohibits police lists of law-abiding gun owners, forbids

local gun bans of arms allowed by federal and state law, forbids

local laws against carrying guns in cars for protection or for hunting,

and requires localities to post signs in areas where open carry

is forbidden. An Independence Institute issue backgrounder

details the provisions.

Limited Preemption of Firearms Laws: A Good Step for Civil Rights.


In 2000, the Colorado legislature passed and the Governor signed the

toughest law in the country against frivolous anti-gun lawsuits.

Except in requiring background checks on private sales at gun shows,

efforts to exploit the Columbine murders to infringe the rights of

law-abiding gun owners have failed. Twelve of the 27 Democrats

in the Colorado House voted for SB 24, as did all Republicans.

Coming soon on National Review Online:

How the administration continues to obstruct the armed pilots program, and

why the program needs to be expanded to cover cargo planes.

Coming soon (really) from the National Center for Policy Analysis:

Monograph with Sterling Burnett on the problems with laws

mandating ballistic imaging for non-crime guns.

In progress:

Major article on the numerous falsehoods in Michael Moore's movie

"Bowling for Columbine"

2. Law

Why A Recent Supreme Court Copyright Ruling May

Have Important Implications for Second Amendment

Gun Rights As Well

By Michael C. Dorft

Find Law

February 5, 2003


Guns on Campus:
Irrational Fears Limit Concealed Carry

Brian Schwartz

Colorado Freedom Report


Note: Colorado's new SB 24 abolishes all criminal safe zones

where concealed carry is not allowed, except K-12 public schools,

government buildings with full-time metal detectors, and private


Justice for Gun Victims


New organization promotes anti-gun lawsuits.

3. International

Guns and Economics

By Pierre Lemieux

Tech Central Station



An analysis of the soaring costs of Canada's registry of legal guns and gun owners.

Majority (53%) of Canadians Say Gun

Registry Should be Scrapped

Ipsos-Reid Poll

December 13, 2002


What Police Have Said About The Gun Registry

By Garry Breitkreuz

February 19, 2003 


Top Ten Reasons Why The Liberals' Gun Registry Cost Estimates

Are Incomplete And Inaccurate

By Garry Breitkreuz


Government's Newest Incomplete Forecasts Show Gun Registry

Will Cost MoreThan $1.3 Billion Before It Is Fully Implemented

By Garry Breitkreuz

February 28, 2003


Mercosur: Harmonizing Laws For The Prevention Of Illicit Firearms Transfers

by Carolina Iootty de Paiva Dias

Institute of Peace Conflict Studies (Project Ploughshares)


Argues for restrictive anti-gun laws in South America

4. Terrorism

How to be a liberty shield

By Michelle Malkin


Anti-terrorism tips, including:

"If you are trained and licensed to carry a concealed weapon, don't leave home without it. Remember that it was armed private guards, along with a private citizen, who tackled and killed the last "lone wolf" terrorist on American soil, Hesham Hadayet, at Los Angeles International Airport last July 4th."

Gun Laws A Minefield For Military

By Gordon Dillow

The Orange County Register

February 9, 2003


Members of the military in need of particular weapons

find their efforts to procure them prevented by California's

firearms legislation.

A Soldier's Viewpoint On Surviving Nuclear,

Chemical And Biological Attacks

By Red Thomas, SFC, Armor Master Gunner

The Sight M1911-A1


5. States

Residents Challenge District's Gun Ban

By Jon Ward

The Washington Times

February 12, 2003


A group of Washington D.C. citizens are seeking in court to

restore their rights to keep and bear arms.

Cato Legal Scholars File Second Amendment Challenge To Washington, D.C. Gun Ban

Press Release

The Cato Institute

February 10, 2003


District Balks As Taxi Panel Ponders Guns For Cabbies

By David Nakamura

Washington Post

February 5, 2003


The Washington D.C. city government dislikes the idea of cab drivers

possessing the means of self-defense.

Illinois very restrictive legislation is moving quickly through the Legislature.

Details on the Illinois State Rifle Association website (www.isra.org):


Bleeding Maryland: Chief Moose Boosts Gun Law Efforts

The Star Democrat Online

February 07, 2003


The police chief who failed to capture the Washington, D.C. area snipers

has become a pitchman for firearms legislation.

6. Research and Scholarship

Is There a Right to Own a Gun?

By Professor Michael Huemer

University of Colorado Department of Philosophy


Armed Citizen Articles

Archive of NRA magazine "Armed Citizen" entries from the present back to 1958.

Database is searchable by key word and state.


New Database Allows Performance

Reviews of Federal Prosecutors

Transactional Records Access Clearinghouse



7. History and Culture

Feb. 27 was the feast day of Saint Gabriel Possenti, the

Patron Saint of Handgunners.


The Rice Update

By Aubrey Turner


February 25, 2003


Condoleeza Rice's family employed firearms in self-defense against racist attacks.

Amy Fisher to Keep Kids Safe from Guns

Feb. 26, 2003

1010 WINS radio, New York


 "Amy Fisher, the pistol-packin' Long Islander who set off a frenzy of tabloid

headlines a decade ago when she shot her lover's wife, celebrated the end of her parole on Wednesday by announcing her intention to work for causes aimed at keeping handguns away from minors."

Disputed History Book to Be Reissued

By Hillel Italie

Washington Post

February 19, 2003


Michael Bellesisles, the discredited author of 'Arming America,' which

has been pulled by his original publisher, has found a new publisher at:


Al Qaeda delenda est!

Electronic layout of this newsletter was by Dr. Rob S. Rice, no relation to Condoleeza.

Dr. Rice is historian, writer and factotum of matters electronic to David Kopel.


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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Ave., Denver, Colorado 80203 Phone 303-279-6536. (email)webmngr @ i2i.org

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