Nov. 23, 2005, Second Amendment newsletter

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

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Table of Contents for this issue

1. New by Kopel: Religion and Revolution; Catholicism and the 2nd Amendment; Debate

2. Blogging by Kopel: Kipling; Kristallnacht; Kuwait; Luther; Alito

3. Culture and Miscellany: New 'Bond' Hoplophobe; No Facts Necessary

4. International: Australia; Canada; Ireland; Japan; Iraq; UK; UN

5. States: California; Florida; Illinois; Nevada; New Jersey; Utah;

Louisiana; Wisconsin

6. Law: BATFE Testing Procedures; Denver Gun Ordinances; Alito and the

Brady Campaign; Brady Lawsuit; Defaced Gun Law; Challenge to Frisco Gun


7. Reference/Research: Inter-state Carry; Gun News Daily

8. We Gather Together: Thanksgiving Hymn

1. New by Kopel

The Religious Roots of the American Revolution and the Right to Keep and Bear Arms

Dave Kopel

17 Journal on Firearms and Public Policy 167


(PDF format requires Adobe Acrobat Reader)

The religious attitudes which impelled the Americans to armed rebellion are an essential component of the American ideology to keep and bear arms.

The Catholic Second Amendment

Dave Kopel

Hamline Law Review

2006, forthcoming

(PDF format requires Adobe Acrobat Reader)

At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The "Little Renaissance" that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.

Great Debate on Tort Protection for Gun Manufacturers:

Dave Kopel, Gene Volokh, and Joshua Horwitz

Legal Talk Network

October 27, 2005


The Legal Talk Network hosted a debate on the Protection of Lawful

Commerce in Firearms Act. Participants were Eugene Volokh, Josh

Horowitz from the Educational Fund to Stop Gun Violence, and me. Josh and I spoke the next day, and agreed that the debate was informative and cordial--far superior to the angry exchange of talking points that sometimes characterizes debates on gun control. You can listen to the debate in WMF, or download it in MP3.


2. Blogging by Kopel

Dave's other blog entries can be accessed online at Kopel's Corner:

Rudyard Kipling on Gun Control

David Kopel

The Volokh Conspiracy

November 18, 2005

"..."When the Cambrian measures were forming, they promised perpetual peace.

They swore, if we gave them our weapons, that the wars of the tribes would cease..."

Possibly More Kuwaiti Gun Prohibition

David Kopel

The Volokh Conspiracy

November 18, 2005

Gun News Daily links to an article from Arab Times reporting that Kuwait has raised the penalty for gun possession from a five year sentence to a ten year sentence.

Luther and the Christian Duty to Defend Innocents

David Kopel

The Volokh Conspiracy

November 17, 2005

Luther did not imagine, at least in earthly world before the end of

time, some utopia free of violence. To the contrary, he recognized that

violence (from wolves and from human predators) existed, and he

insisted that good Christians had a duty to use force to defend their

neighbors against such violence.

Kristallnacht and Arms Control

David Kopel

The Volokh Conspiracy

November 9, 2005

In Nazi Firearms Law and the Disarming of the German Jews (Arizona Journal of International & Comparative Law), Stephen Halbrook details how Kristallnacht was the culmination of years of Nazi success in disarming their opponents by using the "moderate" gun licensing and

registration laws.

David Kopel

The Volokh Conspiracy

Other Federal Appellate Judges on Machine Guns:

Judge Alito's dissent persuasively argued that the Supreme Court's precedent in Lopez meant that Congress could not ban the simple possession of machine guns--at least not without an assertion of a basis of federal jurisdiction and Congressional findings about the ffects of machine guns on interstate commerce. While Judge Alito's dissenting opinion did not carry the day, the dissent was hardly an outlier among federal judges.

Second Amendment Tea Leaves for Corrigan, Sykes, Luttig and Alito:

David Kopel

The Volokh Conspiracy

October 29, 2005

Judge Alito is not the only circuit court justice to offer a view of

the use of the Interstate Commerce Clause for firearms regulation.

3. Culture and Miscellany

New Bond: I hate guns

The Evening Standard (UK)

October 25, 2005

Daniel Craig will have a problem playing the new James Bond --because he hates guns.

Gun grabbers don't like facts

Jill "J.R." Labbe

Pittsburgh Tribune-Review

Thursday, October 27, 2005

"Just as blood did not run in U.S. streets after the expiration of the assault weapons ban, society won't crater now that lawsuits can't be filed against gun makers and distributors for the misuse of their products in a crime."

4. International


Gun Laws Fall Short In War On Crime

Robert Wainwright

The Sydney Morning Herald

October 29, 2005

Gun ownership is rising and there is no definitive evidence that a

decade of restrictive firearms laws has done anything to reduce

weapon-related crime, according to NSW's top criminal statistician.

Gun Owners to Have Storage Facilities Inspected

ABC Western Queensland

October 27, 2005

Western Queensland gun owners will face a police safety audit to ensure their weapons are being stored correctly.


Don't blame U.S. for gun crime, Canada told

Campbell Clark

The Globe and Mail (Canada)

October 27, 2005


The claimed number of smuggled guns cited by in a lawsuit is

unsubstantiated, the U.S. ambassador said while commenting on the case.

Iraq Iraqi women take up arms

Sharon Behn

Washington Times

October 24, 2005

"While most Iraqi women live in fear of terrorists and criminals, one

small band of women has taken up arms and is prepared to fight back."


Nally's future will hinge on Four Courts appeal hearing

Christy Loftus

Western People

November 21, 2005 November 14

Padraig Nally, a farmer in County Mayo, Ireland, received six years for fatally shooting one of the intruders who had repeatedly robbed his barn.

The Nally case has generated huge attention in Ireland, and is developing into an Irish version of the Tony Martin case. The Nally support group website is here:

Note: As in the Martin case, the shooting was, arguably, unjustifiable even under American standards. Nevertheless, the case is flashpoint for a national debate on ensuring that people have the legal right to use force against home invaders.

Fine Gael, the main opposition party, has announced that it will support changing Irish law to better protect the right of home defense. In some rural areas, police presence in non-existent, and so burglars act with impunity.


Regulations on Airsoft Guns Insufficient

Yukako Fukushi

Daily Yomiuri (Japan)

November 3, 2005

This column calls for tighter regulations on low-powered plastic pellet-firing replica firearms.

United Kingdom

Tories push for greater force to defend homes

The Daily Telegraph (UK)

October 28, 2005


"The Conservatives have launched a bid to allow people to take tougher measures to defend their property against burglars."


Looking Back: Multilateral Arms Transfer Restraint: The Limits Of


James A. Lewis

Arms Control Association

November, 2005

This article acknowledges the futility and perverse effects of the international

campaign against gun owners.

The Background of the Gun Control Fight at the United Nations

The InfoZone

This is a useful source for data on the current push for international

gun control.

5. States


Gays Debate Prop. H

Mark Folkman

The Bay Area Reporter

November 17, 2005

"'This is not going to stop criminals from obtaining guns,' said Gwen

Patton, media spokeswoman for the Pink Pistols, a LGBT shooting club and gun advocacy group with local chapters across the nation, including San Francisco."

Voters Say No to Firearms in San Francisco

Bonnie Eslinger

San Francisco Examiner

November 8, 2005


"True to their left-leaning reputation, San Francisco voters decided by a wide margin to ban the possession of handguns within city limits."


Bill Introduced Regarding Gun Confiscations during Emergency

Press Release

United Sportsmen of Florida

October 25, 2005

In the wake of New Orleans, Florida Representative Mitch Needelman

filed legislation to preserve citizens' 2nd Amendment rights during


NRA shooting for more gun-friendly laws

Jim Saunders

Daytona Beach News-Journal

November 3, 2005

Florida lawmakers have filed an NRA-backed measure aimed at ensuring

gun owners can keep firearms in their locked vehicles while they are at



Inflammatory Language Won't Settle Illinois Gun Concerns

Pantagraph Editorial

November 10, 2005

"Outlandish comments from a representative of the national Brady

Campaign to Prevent Gun Violence won't help gun-control issues in


House Blocks Attempt To Resurrect Gun Measure

November 3, 2005

"An effort to override Gov. Rod Blagojevich's veto of a law regarding

transportation of guns fell just short of success. The vote was 67-44, but the override needed 71 votes to pass."


Lawmaker Pushes to Have Storm Victims' Guns Returned -

Dan Turner

The Shreveport Times

November 17, 2005

"Louisiana needs to apply pressure to get law enforcement agencies to return firearms confiscated from hurricane victims, says state Rep. Steve Scalise, R-Metairie."


Officials Want to Keep Gun Exemption

Steve Timko

Reno Gazette Journal

November 9, 2005


"More than 20,000 Nevadans with permits to carry concealed weapons will be able to continue to buy guns without submitting to background checks required by federal law under a plan outlined this week by a statewide law enforcement group."

New Jersey

In New Jersey and Virginia Common Sense Gun Policy Candidates Prevail

Press Release

November 8, 2005

U.S. Newswire (Brady Campaign)

"This is a sign of where America is going. The National Rifle Association got a 'wake up and smell the coffee' message tonight. Their agenda has been rejected by the voters in two major states. They need to pay attention to the shift in the political winds."


Bill to Allow Loaded Guns in Cars Is Back

Joseph M. Dougherty

Deseret Morning News

November 10, 2005,1249,635160065,00.html

"Sen. Mark Madsen, R-Lehi, is sponsoring the bill, which essentially

extends to a person's car the permission of having loaded guns in the home."


Don't Limit Concealed Guns, Texas Lawmaker Says Here

The Capital Times & Wisconsin State Journal


November 2, 2005

"Wisconsin lawmakers should not declare most public places off-limits to individuals carrying concealed guns, a Texas lawmaker and gun advocate said today." The representative was Susan Gratia Hupp, whose parents were murdered in the Killeen massacre because of (now-repealed) restrictions on gun carrying in Texas.

Assembly Panel Votes To Pass Conceal Carry Bill: Gun Ban In Child Care Centers Rejected

Patrick Marley

Milwaukee Journal Sentinel (WI)

November 9, 2005

"A Republican-controlled Assembly committee approved a bill Tuesday that would allow people to carry concealed weapons, after rejecting a Democratic amendment that would have barred guns in child care centers."

6. Law

ATF Testing Procedures

William J. Krouse

BATFE via the Congressional Research Service

October 19, 2005

(PDF format requires Adobe Acrobat Reader)

This document explains how the Bureau of Alcohol, Tobacco, Firearms and Explosives has no set testing procedures or printed standards for their evaluations of firearms under U.S. laws. The procedures are, then, essentially arbitrary.

BATFE Fails the Test

New video from JPFO shows the extreme unfairness and lawlessness  of BATFE prosecutions of people for possessing "machine guns," which are in fact ordinary guns which the BATFE has been able to force to malfunction.

Halbrook Reviews Right to Bear Arms

Ari Armstrong

Colorado Freedom Report

November 15, 2005

Next month, Stephen Halbrook will take on some of Denver's gun ordinances in a case before the state's Supreme Court. He discussed this and many other matters in a presentation at Denver University law school.

Read the review and listen to an mp3 audio recording of an interview with Halbrook at:

How Samuel Alito Took a No-Brainer Case and Stepped Way,

Way Out of the Mainstream

Press Release

U.S. Newswire (Brady Campaign)

November 1, 2005

The Brady Campaign's celebrated take on Supreme Court Nominee Samuel Alito's view on Congress's use of the Interstate Commerce Clause of the Constitution for firearms regulation. See Dave's blog posts on the subject above.

Lawyers, Guns, and Money

Confederate Yankee

November 7, 2005

This blogger dissects the Brady Campaign's claim that a homeless man illegally purchased a shotgun later used by a felon to murder a

sheriff's deputy.

Appeals court tosses defaced gun law

Steve Patterson

Chicago Sun-Times

November 15, 2005

The Appellate Court of Illinois declared unconstitutional a law that

treated possession of a firearm with its serial number defaced as proof

that the possessor had committed the crime of defacing it.

Lawsuit Challenges Handgun Ban in City: Plaintiffs say Prop. H Steps beyond Local Government Authority, Treads on State Turf

Bob Egelko and Cecilia M. Vega

The San Francisco Chronicle

November 10, 2005


"Gun owners and advocates wasted little time Wednesday in challenging San Francisco's newly enacted prohibition on handgun possession by filing a lawsuit in the same court that tossed out a local handgun ban 23 years ago and vowing to, if necessary, use shotguns to protect themselves."

The Second Amendment Foundation and the National Rifle Association have filed a joint suit lawsuit against the San Francisco ban.

Their petition for a writ of mandate is at:


7. Reference/Research

Have Gun, Can't Travel: The Right to Arms under the

Privileges and Immunities Clause of Article IV

Nelson Lund

University of Missouri-Kansas City Law Review, Vol. 73, No. 4


(PDF format requires Adobe Acrobat Reader)

The article describes how legal

carriers a firearm in one state have been prosecuted for crossing a

state line in possession of their firearm.

Gun News Daily Com

"A Daily Internet News Publication by the San Diego Rifle and Revolver Association... This site sponsored and funded by the San Diego Rifle And Revolver Association as a service to all those who cherish their freedom."

8. We Gather Together

A wonderful article by Melanie Kirkpatrick in the November 22

Opinion Journal details the history of the

Thanksgiving hymn "We Gather Together."

Originally written in Dutch for an already-familiar melody,

the hymn was a celebration of the victory of the Dutch (who were Calvinists) at the 1597 cavalry Battle of Turnhout, in their decades-long war for national independence against Catholic Spain.

Turnhout was the first time the Dutch had defeated the Spanish in an open-field battle.

John Lothrop Motley explained the significance of Turnhout, in his 1860 masterpiece

"History of the United Netherlands, 1597-98", explained the significance of Turnhout:


The true and abiding interest of the battle is derived from is moral effect, from its influence on the people of the Netherlands. And this could scarcely be exaggerated. The nation was electrified, transformed in an instant. Who now should henceforth dare to say that one Spanish fighting-man was equal to five or ten Hollanders? At last the days of Jemmingen and Mooker-heath needed no longer to be remembered by every patriot with a shudder of shame. Here at least in the open field a Spanish army, after in vain refusing a combat and endeavouring to escape, had literally bitten the dust before one fourth of its own number. And this effect was a permanent one. Thenceforth for foreign powers to talk of mediation between the republic and the ancient master, to suggest schemes of reconciliation and of a return to obedience, was to offer gratuitous and trivial insult, and we shall very soon have occasion to mark the simple eloquence with which the thirty-eight Spanish standards of Turnhout, hung up in the old hall of the Hague, were made to reply to the pompous rhetoric of an interfering ambassador.

Because the Dutch won the war, they were able to build in the 17th century the first nation in the modern world which practiced religious tolerance. The religious freedom which we enjoy today in the United States was won for us, in part, by the brave cavalrymen of Prince Maurice's army who risked (and, in some cases, lost) their lives against the larger Spanish force.

Like Passover, Thanksgiving is a time to reflect on the debts of thanks we owe to previous generations which fought (in various ways, including literally) for freedom, and, especially, to God for leading them in their fight.

Thanksgiving in 2005 is also an especially appropriate time to reflect on our own contemporary obligations to ensure that the sacred light of religious freedom is never extinguished, as our nation is now engaged in a world-wide war against an enemy determined to destroy that freedom.

We gather together to ask the Lord's blessing,

He chastens and hastens His will to make known;

The wicked oppressing now cease from distressing,

Sing praises to His name - He forgets not His own.


Beside us to guide us, our God with us joining,

Ordaining, maintaining His kingdom divine,

So from the beginning the fight we were winning;

Thou, Lord, wast at our side, all glory be Thine.


We all do extol Thee, Thou Leader in battle,

And pray that Thou still our defender wilt be.

Let Thy congregation escape tribulation!

Thy name be ever praised! O Lord, make us free!

This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice's newest non-fiction hit bookstores on November 21st, the naval section of 'Fighting Techniques of the Early Modern World,' from Amber Books. Dr. Rice is also a poet, novelist, and factotum of matters electronic to Dave Kopel.

Al Qaeda delenda est!

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