Second Amendment Newsletter. Oct. 15, 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. Oct. 15, 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.

Table of Contents for this issue

1. New Book by Kopel: Supreme Court Gun Cases.

2. New Articles by Kopel: Schwarznegger. Gun confiscation in Australia.

America's gun culture.

The Silveira case and the Morton Grove Case.
Armed Pilots. Junk DC lawsuit. Gun rationing. Chief Moose.

3. Law: Missouri enacts CCW and tort reform. District Court decision
in NAACP case. Wisconsin Supreme Court says state RKBA includes
right to unlicensed CCW in one's business or home.

4. Research: Clayton Cramer history chapters now available.

5. Politics. General Wesley Clark on guns, and his role at Waco.

6. International: Australian sword control. Tony Martin case in Britain.
Scots researcher says playing with guns is good for boys.
Gun safety in Iraq.

7. UN Meeting on Firearms. July 2003. News reports.

8. Terrorism. Steyn on Sweden's culture of passivity. Armed Pilots.
Lott on the Chicago murders.

9. Culture: New book by Mary Stange on Hunting. Michael Moore.
Popular Mechanics debunks "smart gun" mandates.

10. Activists: Sandy Froman profile. Kayne Robinson profile.
Mt. Holyoke Second Amendment Sisters profile.

1. New Book by Kopel

Supreme Court Gun Cases: Two Centuries of Rights Revealed.
David B. Kopel, Alan Korwin, and Stephen P. Halbrook.

Feature article on the book in WorldNet Daily.

From Alan Korwin's Press Release announcing the book:

Coming out in September 2003, "Supreme Court Gun Cases" dispels the
myth that the High Court has been quiet on the subject of guns. The
book runs 672 pages, covers 92 gun-related cases, and this is the
bottom line: the Supreme Court has upheld the legal tradition and
historical record of private gun ownership, self defense, and armed
self defense, since the country began. The days of saying Americans
have no individual gun rights are now over.

Time and time again, the Court recognizes the individual right to keep
and bear arms that we observe in every facet of American life, in this
scrupulously researched text. The anti-rights argument collapses under
the weight of the evidence. Gun banners will be forced to find
something new to say. Americans have a constitutionally protected right
to keep arms and right to bear arms.

"...a political earthquake... an exceptional piece of research... the
anti-freedom crowd is not going to like 'Supreme Court Gun Cases'."
Larry Pratt, Executive Director, Gun Owners of America

"...wonderful... groundbreaking... belongs on the bookshelf of every
practitioner of constitutional law...Gun rights are an integral part of each American's fundamental constitutional liberties."
Thomas C. Patterson, M.D., Chairman, Goldwater Institute

"Right in the face of unrelenting media distortion and anti-gun
propaganda, 'Supreme Court Gun Cases' proves beyond any doubt that the
Court has explicitly upheld the legal and historical record of private
firearms ownership and armed self-defense. This book proves what NRA
has been saying all along -- the Second Amendment protects an
individual's right to keep and bear arms -- a freedom existing before
America's founding and enshrined in our Bill of Rights."
Wayne R. LaPierre, Executive Vice President, National Rifle Association

"The dream team of American gun-law experts has driven a stake through
the heart of the anti-rights gun-ban lobby... The individual right to
keep and bear arms is an American tradition with roots as deep as the
nation itself."
Alan Gottlieb, Chairman, Second Amendment Foundation

2. New articles by Kopel

Coming soon National Review Online:
"Consumer safety" proposal would authorize limitless gun confiscation.

Gun surrender in Mali.

Unarmed for the Election.

Arnold Schwarzenegger doesn't know the basics of California gun laws.

National Review Online. Sept. 30, 2003.

America's Fascination with Firearms.

The rigors of the country's frontier led to the proliferation of firearms and a deeply ingrained pro-gun culture.

The World & I magazine, Oct. 2003.

[Note: The article has a "call-out" box, which I did not write, which states

"In more than 35 cases, the Supreme Court has ruled that the Second Amendment refers to individuals' right to gun ownership rather than the states' right."

This is an overstatement about the 35 cases. The proper statement would be,

"In most of the Supreme Court's 35 cases which have mentioned the Second Amendment, the Court has indicated that the Amendment guarantees an individual right.""

Who Needs Guns?

Australia's gun confiscation lessons.

Chronicles, Oct. 2003. Gun confiscation in Australia. PDF file.

The Silveira Threat. How long will the Second Amendment live?
National Review Online.
Sept. 23, 2003.
Part 2 of a 2-part series on harmful gun rights lawsuits.

Secret Weapon. Some 2nd Amendment Lawyers Help The Gun-Ban Side.
National Review Online
Sept. 22, 2003.
Part 1 of a 2-part series on harmful gun rights lawsuits.
The History Of The Morton Grove Cases, And Of The NAACP's
Successful Litigation Strategy.

Getting the Tea Ready? The D.C. backlash.
 With Paul Blackman
National Review Online
July 29, 2003
"Taxation without representation" and D.C.'s attempt to impose a
commuter tax on residents of Maryland and Virginia.  Includes a look at
D.C.'s junk lawsuit against the Second Amendment.

Air Neglect. What's wrong with trained pilots having guns?
With Captain David Petteys.
National Review Online
July 2, 2003.

The Bush administration is undermining the armed pilots program.
9/11 Anniversary Commentary
KGNU-Boulder Radio Broadcast.
September 11, 2003
This broadcast is available in MP3; the Kopel commentary begins at 9:15
into the program.


Eating Away at the Fabric of Freedom.
Gun rationing laws lay the foundation for a total firearms ban.
America's 1st Freedom
July 2003

Targeting Liberties.
With Paul Blackman
Chronicles Magazine, PDF file.
Montgomery County Police Chief Moose bungled the sniper case while
recklessly abusing civil liberty.

3. Law

Missouri Lawmakers Override Governor's Veto Of Gun Violence Bill
Tim Hoover
The Kansas City Star
September 13, 2003

Gun makers get shield from suits as the governor of Missouri's 3rd veto is
Bill Bell Jr.
St. Louis Post-Dispatch
September 13, 2003


United States District Court, Eastern District of New York
July 21, 2003
Pt. 1
Pt. 2
Pt. 3
Pt. 4

Wisconsin Supreme Court CCW cases:
Wisconsin v. Hamdan

Wisconsin v. Cole

4. Research and Scholarship

Armed America:  Firearms Ownership, Hunting, and Gun Culture in the
Early United States.
Clayton E. Cramer
Mr. Cramer has put the first two chapters of his next book up on his
web site.  Chapter 2 is a detailed
examination of colonial militia laws and arms ownership.

First ever Global Report on Violence and Health
Press Release by the World Health Organization
3 October 2002
New WHO report presents more complete UN picture of global violence and
contains suggestions for global small-arms measures.

Guns, Drugs and Juvenile Crime: Evidence from a Panel of Siblings and Twins
H. Naci Mocan, Erdal Tekin
National Bureau of Economic Research Working Paper No. w9824
July 2003
These two authors conclude from statistical evidence that the presence
of firearms in the home increases the propensity to committing robbery,
burglary and theft by about two percentage points for juveniles.  The
entire paper may be purchased online.

Is There A Right To Own A Gun?
Michael Huemer
Social Theory and Practice, Vol. 29, No. 2, pp. 297-324
April 2003
Huemer concludes that citizen of the U.S. do have a constitutional
right to firearms ownership.

5. Politics

Wesley Clark on Gun Control
CNN Crossfire. June 25, 2003
"I have got 20 some odd guns in the house. I like to hunt. I have grown
up with guns all my life, but people who like assault weapons should
join the United States Army, we have them..."

The Fire Last Time: Wesley Clark and Waco
Alexander Cockburn and Jeffrey St. Clair
Originally Published June 1999
General Clark, in his role as commander at Ft. Hood, Texas, released
armored vehicles to then-Attorney General Janet Reno for the final
assault of the Branch Dravidian compound at Waco.

"And Now a Chance to Bid Farewell to Mr. Bush"
Michael Moore
"Michael's Message,"
September 23, 2003
Film Maker and Anti-2nd Amendment Activist Michael Moore has words of
praise and exhortation for Wesley Clark.

5.  International


Now Australians Have A Sword Ban
September 20, 2003
New controls on sword ownership in Victoria would adversely affect
highland dancers, the state National Party said today.  Traditional
Scottish dances around swords on the ground will now require a permit
and the payment of a licensing fee.



An Afternoon with Tony Martin
Commentary by Sean Gabb
Free Life Issue Number 112
19 September 2003
A visit with the English farmer arrested and imprisoned for shooting
two thieves, one fatally, while they were plundering his barn.

Playing with guns is 'good for boys'
Murdo Macleod And Scott McCulloch
July 13, 2003
Banning boys from playing with toy guns is futile and may even damage
their development, a leading child psychologist has warned.

How To Kill A Burglar
Aidan Hartley
The Spectator
9 August 2003
Aidan Hartley on how a friend of his shot dead a robber and wounded
another in Kenya last year, without having to go through Tony Martin's


American Pistol Packin' Mamas Enthrall Brits
Vanessa Collingridge
As Tony Martin finishes his sentence for killing a burglar, a BBC
commentator visits an American scheme teaching women how to shoot


Armed, And Safer, Iraqis
John R. Lott Jr
The New York Post
June 26, 2003
Iraqi citizens felt it necessary to retain such firearms as they had
despite a 'turn-in' deadline imposed by Coalition forces.

7. Articles concerning the United Nations Biennial Meeting on Small
Arms, July 2003

Small firearms claim 60 lives every hour: Annan
War Wire
July 7, 2003
The article quotes UN Secretary General Kofi Annan who calls
small-calibre firearms a "scourge."  It explains that the International
Action Network on Small Arms now comprises 500 non-government
organizations in over 100 countries.

US most armed nation on Earth, study says
Deutsche Welle
July 8, 2003,3367,1429_W_915532,00.html

Canada Leads Charge For Small-Arms Control Program:
Gun Control Critic Points To National Registry's Problems
Steven Edwards
Edmonton Journal
July 8, 2003
The Canadian delegation to the UN has called for greater international
restriction on small arms despite ongoing problems with Canada's own
gun registry.

"Calls Heard for More Vigorous International Action Against Illicit
Arms Trade, as First-Ever Biennial Meeting on Small Arms Follow-Up
The United Nations
July 8, 2003
UN press release listing the many nations that spoke at the day's
conference advocating further firearm restrictions at both global and
national levels.

Governments failing to meet targets on small arms
The Star Online Edition
July 8, 2003
South African article listing perceived faults of world governments not
acting sufficiently to restrict firearm trade and ownership or to
report their progress to the UN.

Vatican Urges Pact Against Illicit Trade in Small Arms and Light Weapons
Zenit News Services
July 9, 2003
Vatican article calling for binding international instruments to reduce
the trade in illicit small arms.

Biennial Meeting of States Concludes Consideration of National Plans To Curb
Illicit Small Arms Trade, Hears Proposals from Civil Society
UN Press Release
July 9, 2003
United Nations press release with a summary of what was said by
different nations during the conference.  Gun registration is believed
to be some kind of solution, and the word 'scourge' is routinely
applied to firearms.

Georgia's UN Envoy Says Russian Bases Source of Illicit Arms Trade
H.E. Revaz Adamia
Civil Georgia Online Magazine, English Edition
July 11, 2003
Conference envoy's statement declaring that Russian military bases are
not answering to their central command, and are responsible for feeding
the illegal arms trade.,44276,

8. Terrorism

Don't wait for government protection
Mark Steyn
Chicago Sun-Times Online Edition
September 14, 2003
Opinion column treating the recent stabbing of a Swedish cabinet member
and the failures of governments to protect citizens.
Quotes Kopel on the "culture of passivity."

Emergency Q&A About Arming Pilots
Paul Jacob
September 21, 2003
Jacob answers questions about the Transportation Safety Authority's
gelatinous implementation of Congress's authorization of qualified
pilots being armed aboard jetliners.

Pilots To Feds: Arm Us Faster! Aviators Plan To Demonstrate At Airports
Across America
Jon Dougherty
August 24, 2003
Several pilot groups are planning demonstrations at airports around the
nation to protest the TSA's tardiness in allowing qualified armed

Pilots Blame TSA for Slow Pace of Guns Certification
The Associated Press
August 07, 2003
The TSA promises that after the summer is over the pace of their
actions will improve.,2933,94058,00.html

Gun control laws may be partly at fault in massacre
John R. Lott Jr.
Chicago Sun-Times Online Edition
August 29, 2003

9. Culture

Heart Shots: Women Write about Hunting.
Mary Zeiss Stange, Ed.
Stackpole Books
August, 2003
This new book is a collection of old and recent essays by women writers
containing their thoughts about hunting.


Did Michael Moore deceive Academy? 'Bowling for Columbine' failed to
meet Oscar submission rules
Joseph Farah
September 2, 2003

Michael Moore, Humbug
Kay S. Hymowitz
City Journal
Summer, 2003
A detailed examination of Moore's tactics and deceptions in presenting
himself and his treatments of his chosen subject matter.

'Smart' Guns: Dumb Idea!
By Cliff Gromer
Popular Mechanics
Technical analysis on the unreliability of putative weapons
mandated by New Jersey state law.

10. Activists

Loving Arms: Looking for America's gun-rights heartland? Look no
further than Tucson.
Emil Franzi
Tucson Weekly
July 17, 2003
Profile of Sandy Froman.

Citizen Kayne
John McCaslin
Washington Times Inside the Beltway
September 17, 2003

Girls With Guns
Alexandra Hall
Boston Magazine Online
January 2003
Profile of Mt. Holyoke Second Amendment Sisters

Weapons Of Choice: Gun-rights activists to gather in Houston
September 18, 2003
The 18th Annual Gun Rights Policy conference will feature NRA Executive
vice-president Wayne LaPierre, Texas Representative Ron Paul, and

Congratulations of the Firearms Coalition of Colorado, which was named group
of the year by the NRA. Formed in 1989 to fight an "assault weapon" ban
being proposed in the Colorado State legislature, the FCC has been a
stalwart in working for constitutional rights. The FCC is outstanding
at stopping bad legislation; virtually none of the repressive proposals
brought forward after the Columbine murders were enacted by the state
legislature. Before that, the FCC shut down most of Governor Romer's
proposals in the 1993 special legislative session. The FCC has a very
strong affirmative agenda, helped to win concealed handgun licensing
reform, and statewide firearms preemption in the last legislature. The
FCC is dramatic proof that a group of motivated, patient,
concerned citizens really can make a difference.

Newsletter layout by Dr. Rob S. Rice, no relation to anyone playing for
Oakland, who is a historian, writer and factotum of matters electronic to David

Al Qaeda delenda est!

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