Dave Kopel's Second Amendment Newsletter. September 27, 2005

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. September 28, 2005.
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

Special update on Kopel website enhancements. Request for translators
1. Report on New Orleans: New Orleansloots guns from the law-abiding.
Kopel explains why confiscation is illegal. Then NRA and SAF persaude a federal
district court to prohibit confiscation.
2. Other writing by Kopel: Dangerous legislation in Congress. Scottish and English religious
roots of the Second Amendment. Justice Roberts.
3. International: Bolton's Views; Canadian Firearms Issues; India, Thailand, the
Philippines, Russia, South Africa; U.N. Report that Scotland is the
World's Most Violent Country
4. New Orleans: NRA monitors; Offiicals Unready; Looter Protection; Looter Pre-emption
5. Culture: Hoplophobia Help; Teachers Shooting;  '60 Minutes,' 'Pistol
Pete' Mascot Disarmed, Phony RKBA Group
6. Politics: Sex Offenders Ban; BATFE Videotaping; Brady Campaign;
Missouri CCW; N.C. Weapons Counseling
7. Law: Roberts on RKBA Case Law; Gun Show Legislation; Self-Defense Jury
8. Research: Civilian Self Defense Blog; Death by Murder Statistics; Gun Law
News; Insurance Cost of RKBA?

Special bulletin: Kopel website enhancements
PDA: If you use a personal digital assistant--such as a Treo or Blackberry--you can
now access a special PDA-enabled version of Kopel's home page. The special version
contains simpler formatting, and no graphics, for faster display with the PDA's smaller
screen and memory. The PDA-enabled Kopel home page is:
In addition, there is a PDA-enabled page for "Kopel's Corner," the weblog which reprints
Kopel's blogging for The Volokh Conspiracy. The PDA-enabled Kopel weblog is:
Language: Thanks to volunteers all over the world, the Kopel website now includes 
significant translated content in French and Italian. In addition, there is some 
translated content in Spanish, Portuguese, German, Swedish, Dutch, Hungarian, Polish,
and Czech.
The entire website (except for PDF pages) is also structured to allow seamless
machine-based translation for persons who wish the browse the website in
Chinese (simplified), Japanese, Korean, German, French, Spanish, Portuguese,
and Italian.
Translators sought: We would very much appreciate the volunteer services of translators
in any language. You can work with Kopel to pick the short article(s) you would like
to translate. The Independence Institute cannot pay translators, but the translator is
given full credit, including a link, if desired. The impending gun prohibition vote in Brazil is
going to set off a cascade of activity by the international gun prohibition lobbies, aiming to
strike a decisive blow at the July 2006 UN anti-gun conference. And if they do not win at the
UN in 2006, they already have many strategies for imposing global gun prohibition anyway.
The freedom-loving people of the world need to learn the truth about gun issues. As a
volunteer translator, you can accomplish a great deal of good at a critical time in world

1. Special Report on New Orleans:
Defenseless on the Bayou: New Orleans Gun Confiscation is Illegal and Foolish.
September 10, 2005

New Orleans City Officials off Hook
The Rocky Mountain News
September 19, 2095


'Stunningly incompetent' Mayor Nagin given a pass by Denver's News,
Post. Also: cartoonists push junk science; paper promote illegal
Internet gambling; News omits key fact in Gaza story.  This column is
part of Dave's regulara bi-weekly column discussing bias in the Denver
news media.  For the recent archive of Dave's columns see:



New Orleans Gun Confiscation is Blatantly Illegal:
David Kopel
The Volokh Conspiracy
September 9, 2005
Follow-up for Orin:
David Kopel
The Volokh Conspiracy
September 11, 2005
Follow-up to the follow-up to the follow-up:
David Kopel
The Volokh Conspiracy
September 11, 2005
These three blog entries, and others which can all be accessed through
the 'Related Posts' links at the bottom of each, detail Dave's
exchanges with fellow Volokh Conspiracy blogger, Law Professor Orin
Kerr, of George Washington University, who did not feel the efforts to
confiscate civilian firearms in the aftermath of Hurricane Katrina were
quite the violations of civil rights that Dave branded them.  How
absolute are legal rights in an emergency, particularly when they
involve the very fundamental right of self-defense?  Follow the
discussion and decide.
New Orleans Guns Should Be Returned Today:
David Kopel
The Volokh Conspiracy
September 13, 2005
Putting aside the considerations of the previous exchange, the
authority of the firearms confiscation order only had a five-day span,
and those five days have duly expired.  Were the confiscated guns
And now for the Happy Ending to the Story:
New Orleans Admits that Gun Confisications Have No Legal Basis.
Kopel's September 25 entry on the Volokh Conspiracy celebrates the magnificent
victory of the Second Amendment Foundation, the National Rifle Association, and
their attorney Stephen Halbrook in federal district court for the Eastern District of
Louisiana on September 23. A federal judge ordered New Orleans and St. Tammany
Parish to stop confiscating guns, and to return all the guns which have been confiscated.

2. Other New Writings by Kopel
The Scottish and English Religious Roots of the American Right to Arms: Buchanan,
Rutherford, Locke, Sidney, and the Duty to Overthrow Tyranny, 12
Bridges (nos. 3/4, Fall/Winter 2005, forthcoming). Many twenty-first
century Americans believe that they have a God-given right possess arms
as a last resort against tyranny. This article examines one of the most
important sources of that belief: the struggle for freedom of
conscience in the United Kingdom during the reigns of Elizabeth I and
the Stuarts. A moral right and duty to use force against tyranny was
explicated by the Scottish Presbyterians George Buchanan and Samuel
Rutherford. The free-thinking English Christians John Locke and
Algernon Sidney broadened and deepened the ideas of Buchanan and
Rutherford. The result was a sophisticated defense of religious
freedom, which was to be protected by an armed people ready to resist
encroachments on their natural, sacred liberties. The principle that
right to arms is the ultimate guarantor of the right to free exercise
of religion is one reason why the First and Second Amendments are
placed next to each other in the American Bill of Rights.
H.R. 1528:  A Threat to Gun Owners, Families and Privacy
David B. Kopel and Mike Krause
Independence Institute Issue Backgrounder 1B-2005-C
July 2005
(PDF format requires Adobe Acrobat Reader)
The 'Safe Access to Drug Treatment and Child Protection Act of 2005'
contains some language that violates several constitutional
protections, including that of the 2nd Amendment.
Roberts on the Interstate Commerce Power:
David Kopel
The Volokh Conspiracy
September 16, 2005
Dave details some of his concerns about Chief Justice Nominee Roberts's
view of the powers granted to Congress under the Constitution's
Interstate Commerce clause.

3. International
Sen. Vitter Moves to Block Anti-Gun UN
Press Release
Gun Owners of America
July 14, 2005
Pro-gun Senator David Vitter (R-LA) is getting ready to introduce a
bill that would block the United Nations from implementing gun control
measures affecting U.S. citizens.
U.S. Gun Rights At Issue In UN Effort:
Vitter proposes bill to protect arms owners
Bruce Alpert
The Time Picayune - New Orleans, USA
Saturday, August 13, 2005
In something of a vindication of the Internet's intended
indestructibility, the New Orleans Times-Picayune can still provide its
own account of Vitter's effort to protect the rights of U.S. citizens
from U.N. overrule.
The Best of Bolton
John Bolton
Human Events
August 2, 2005
A collection of our ambassador to the U.N.'s apothegmata. 
On the subject of the 2nd Amendment, addressing the UN Conference on Small Arms this July 9, Bolton noted:
"The United States will not join consensus on a final document that
contains measures contrary to our constitutional right to keep and bear
arms... We do not support measures that would constrain legal trade and
legal manufacturing of small arms and light weapons. The vast majority
of arms transfers in the world are routine and not problematic."
Library of Parliament Report: Some Legal Implications of a Municipal
Bylaw Requiring the Central Storage of Firearms
Wade Riordan Raaflaub
Law and Government Division Parliamentary Information and Research Service September 16, 2005
Toronto's plan to ban home possession of all firearms gets legal
support from a researcher for Canada's parliament.  All firearms could
be required to be stored in a central location under the control of the
city police, as Raaflaub sees it.
Crime Statistics 2004
Statistics Canada:  The Daily
July 21, 2005
Statistics produced for annual Juristat released by the Canadian Centre
for Justice Statistics (CCJS) show that while Canada's total violent
crime rate declined, the national homicide rate increased 12%.
Criminal Code Incidents per Police Officer Has Doubled Since 1962
Statistics Canada Catalogue No. 85-224
Police Resources in Canada 2003
The indefatigable Breitkreuz notes, by implication, that despite
ever-stronger gun laws, Canada's crime rate continues to exhibit
ominous trends.
Weapons Used In Crime In 2003
Garry Breitkreuz
MP, Conservative Firearms Critic
Canada's murder rate continues to rise rapidly.  71% of all murders in
Canada are committed with something besides a firearm.
CFC Firearms Collector Application Form
(PDF format requires Adobe Acrobat Reader)
Gun collectors in Canada are required in no uncertain terms to allow
police inspection at any time of their acquisitions--for starters.
Are Guns Really More Dangerous than Other Weapons?
Gary Mauser
Fraser Forum
June, 2005
(PDF format requires Adobe Acrobat Reader)
Dr. Mauser is a Professor in Business Administration and the Institute
for Canadian Urban Research Studies, at Simon Fraser University.  His
conclusions in a word:  No.
Canadian churches back action against small arms
Ekklesia (Theological news)
September 20, 2005
"Project Ploughshares, the peace agency of the Canadian Council of
Churches, has launched a campaign against small arms and light
In Meerut, College Dons Hold Class with Guns
Aman Sharma
The Indian Express
July 22, 2005
After one student fired at a professor, others are playing it safe and
carrying their licensed weapons.
Thai Teachers Given Government Approval To Carry Weapons
Napolcom Tightens Rules On Who Can Carry Firearms
Jefferson Antiporda
The Manila Times
July 14, 2005
"The National Police Commission has issued a new  directive limiting
the issuance and disposal of firearms to its personnel."
How I Bought a Rifle For Self-Defense in Russia
Vladimir Simonov
RIA Novosti
August 11, 2005
An interesting article from the Russian News and Information Agency, on
liberalizing Russian gun laws:  "In Moscow alone, some 400,000 people
legally keep 470,000 weapons to protect themselves, their families, and
property against potential assault in these troubled times."
South Africa
Firearms Registry slammed for 'ineptitude'
Sheena Adams
Independent Online (South Africa)
September 15, 2005
"...Of the 20,397 applications for competency certificates received since
January, 3,937 had been finalized..."
Hunters Take Aim At Firearm Authorities
Ernest Mabuza
Business Day (Johannesburg)
July 11, 2005
Firearm Licensing Authorities are denying professional hunters a right
to earn a living by dismissing applications for rifle and ammunition
licences without giving sufficient reasons, say hunting lobbyists.
Firearms Control Act well wide of its target
Wyndham Hartley
Business Day (South Africa)
September 20, 2005
"Implementation of the Firearms Control Act is threatening to spiral
out of control with government's Central Firearms Registry processing
only a fraction of the hundreds of thousands of reapplications for gun
licences it was scheduled to process this year."
United Kingdom
Backlash At Curbs to Restrict Replica Guns
Hugh Muir
The Guardian (UK)
August 16, 2005
"Relatives of people killed or injured by acts of gun crime clashed
with sporting enthusiasts yesterday over the government's plans to
restrict the manufacture and sale of imitation and replica firearms."
Up To 4m Guns in UK And Police are Losing the Battle
Sophie Goodchild and Paul Lashmar
The Independent (UK) News
September 4, 2005
"British criminals could have access to as many as four million illegal
firearms, criminal intelligence experts warn"
Scotland tops list of world's most violent countries
Katrina Tweedie
The Times (UK)
September 19, 2005
"A United Nations report has labeled Scotland the most violent country
in the developed world, with people three times more likely to be
assaulted than in America."

4. New Orleans
NRA on the Ground in Louisiana
Press Release
The National Rifle Association Institute for Legislative Action
September 16, 2005
"...in the wake of unspeakable crimes perpetrated by roving, armed gangs
and individuals, authorities in New Orleans seized legal firearms from
lawful residents, effectively disarming the very citizenry they are
sworn to protect."
Disaster Official At NY Symposium:
Planners Didn't Anticipate Gun Problem After Katrina
Associated Press (NY)
September 13, 2005
"Emergency officials who prepared Louisiana's plan for responding to a
major hurricane never guessed that one of their duties would be to
protect aid workers from gunmen, one of the state's senior disaster
officials said Monday."
Looting in New Orleans
Ted Frank
PointofLaw.com:  Information and Opinion on the U.S. litigation System
September 1, 2005
"Glenn Reynolds suggests shooting looters. Eric Muller proudly looks down his nose at the idea. How uncivilized! But the irony is that it's Muller whose position is uncivilized..."
On The Mend, but Changed Forever
The Economist
September 15, 2005
"Just got my phone charged, thank God," he says. His taps are running
again, albeit at low pressure, and the looters left him alone because
"I have a very large gun."

5. Culture
Hoplophobia Release
Alive and Well Online
A web-page offering support and some soothing techniques for
persons who suffer from the mental illness of irrational fear of firearms.
Educators Take Aim
Jessica Seda
The New Jersey Herald
July 11, 2005
"Repeatedly pulling the trigger on a loaded gun seems like an unusual
way for a teacher to spend a weekend, but that is what many area
educators did Sunday during the Franklin Rifle and Revolver
Association's first ever firearm training geared toward those in the
field of education ..."
Smith & Wesson Sees 11 Pct Rise In Firearms Sales In 2005
Reuters, Bangalore
Defense News
June 29, 2005
"Smith & Wesson Holding Corp. on June 29 said it expected firearms
sales for fiscal 2005 to rise by about 11 percent and earnings to be
within the high-end of its forecast, before certain accounting
adjustments."  Smith and Wesson stock has doubled in value in recent
Give Your Children An Early Inheritance
Al Doyle
June 27, 2005
"How can a parent do this? Buy a child a gun - and take the time to
teach how to use it responsibly and safely."
N.M. State's 'Pistol Pete' Losing Pistol
Associated Press
August 15, 2005
"University officials have also stripped the word "Pistol" from Pete's
name. The new logo shows Pete twirling a lasso. The old Pete toted a
pistol.  The changes are part of a marketing plan to remake the
university's image on the national stage."
CCRKBA Calls For Investigation of 60 Minutes Subject
Press Release
The Citizen's Committee for the Right to Keep and Bear Arms
July 18, 2005
This group points out that the subject of an admiring '60 Minutes'
segment on CBS confessed to breaking several federal gun laws, and
demands an investigation.
Potemkin "pro-gun" group, Hunters and Shooters
"...there is no constitutional right to arms for criminals, terrorists,
or others who seek to abuse the very freedoms the Constitution
guarantees..."  For a thorough analysis of this group's origin and actual
purpose, see:
Democrats Set Up Fake Organizations to Support Gun Control Policies
John Lott
John Lott's Website
August 3, 2005

6. Politics
U.S. House Passes Measure to Keep Guns Out of the Hands of Sex Offenders
News Release
The Violence Policy Center
September 14, 2005
"...the U.S. House of Representatives passed on a voice vote an amendment
offered by Representative Jerrold Nadler (D-NY) to prohibit gun
possession by individuals convicted of misdemeanor sex offenses against
H.R. 1603: "To require the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to make video recordings of the examination and testing of
firearms and ammunition, and for other purposes."
Introduced by Rep. John Gingrey [R-GA]
109th Congress
A bill recently introduced in the U.S. Congress would require ATF's
Firearms Technology Branch to videotape all testing of firearms it
conducts when making a determination of whether or not the firearm in
question falls under the purview of the National Firearms Act, which
regulates the ownership of machine guns.  In addition, the proposed
legislation would prohibit ATF from entering into evidence at a
criminal trial any item that has been determined to be an NFA firearm
unless the videotape of that determination is provided at that trial. 
The ATF has been unable in some celebrated cases to prove charges that
civilians had illegally converted legal weapons to illegal
fully-automatic fire.
Blunt Signs Concealed Guns Fix; St. Louis Will Issue Permits
David A. Lieb
Associated Press
July 12, 2005
Missouri governor Matt Blunt signed legislation Tuesday aimed at fixing
a flaw in the state's concealed guns law, and the last localities still
holding out immediately said they would start accepting applications
from residents.
Did Brady Campaign Lie On S.397?
John J. Cahill
American Chronicle
July 23, 2005
Several county sheriffs from Nevada have denied signing a letter
submitted to Congress by the Brady Campaign, but that organization
continues to use their names in opposing recent senate legislation.
North Carolina
Weapons Counseling Stays in Bill
Lynn Bonner
The News & Observer (Raleigh, NC)
September 1, 2005
The North Carolina State House of Representatives decided to keep a new
policy on advising domestic violence victims about legally carrying a
gun, rejecting Gov. Mike Easley's request to nullify a law he signed a
few days previously.
Bill Would Prohibit Cities From Banning Guns
The Associated Press
WTOL News 11, Toledo
August 15, 2005
A bill to be introduced soon in the Ohio Legislature would prohibit
cities from enacting their own gun laws like the one passed by the
Columbus City Council banning assault weapon sales.  The NRA has moved
a planned convention out of Columbus pending passage of this
Democrats Back Baker County Gun Position
The Associated Press
Fox 12 Oregon
A gun ownership resolution by Baker County Democrats has been adopted
by the statewide party. It stresses the constitutional right to own
weapons and advocates severe penalties for those who abuse the right.

7. Law
Roberts on the Second Amendment
David Hardy
Of Arms and the Law
September 15, 2005
Hardy finds evidence that nominee Roberts is well acquainted with some
important RKBA case law.
Gun-Show Law Questioned: Judge Considers Whether it's so Broadly Worded it Affects Even Breakfasts
Gary Craig
Rochester Democrat and Chronicle (NY)
July 8, 2005
"A federal judge on Thursday questioned whether a state law governing
gun show transactions may be so broadly worded that it could affect
pancake breakfasts or other similar events sponsored by gun clubs."
ATF, Virginia Police Accused of 'Persecuting' Gun Shows
Jeff Johnson
August 23, 2005
"The federal agency that regulates U.S. gun dealers stands accused,
along with at least three Virginia law enforcement agencies, of trying
to shut down legal gun shows through alleged intimidation of gun buyers
and sellers. The law enforcement organizations also allegedly broke the
law by sharing gun buyers' information with members of the public."
People v. Lee - B175291
2nd District California Court of Appeal, Division 8
August 16, 2005
Pamela Lee, a retired deputy sheriff, was walking with her leashed
100-pound rottweiler. After she could not persuade two stray dogs to go
away by yelling at them, she drew a pistol and fired at them. The dogs
ran away after the bullet struck the hood of a parked car. Lee, who had
been attacked by dogs twice in the past, testified that she thought an
attack was imminent. Lee was tried for discharging a firearm with gross
negligence. The jury deadlocked. Lee was retried. The trial court
refused her request to include self-defense instructions, as had the
court at her first trial. Lee was convicted.
Reversed. The CALJIC instructions on self-defense do not mention an
attack by an animal. The CALJIC introduction states that a trial court
might need to give an instruction that is not included in CALJIC. It
does so in recognition that the CALJIC Committee could not anticipate
every issue that might arise at trial. The focus of the defense of
self-defense is the nature of the threat, rather than its source. Thus,
it serves no public policy, and is neither logical nor fair, to deprive
a defendant of the defense merely because the attacker was not human.
Requested instructions on a defense must be given if they are supported
by substantial evidence. Lee's testimony that she fired the gun to
prevent an imminent attack by an approaching, aggressive dog
constituted substantial evidence. Thus, the trial court should have
instructed on self-defense.
See the URL for David Hardy's commentary.  The case has implications
for self-defense claims in court.

8. Research
Civilian Gun Self-Defense Blog:
Where Clayton Cramer and Pete Drum keep track of civilians using guns in self-defense
Clayton W. Cramer and Pete Drum
Informational Web Page
These two are doing an excellent job of tracking self-defense incidents
and their legal resolution.
Death By Murder
Ben Best
Articles about Life Extension and Cryonics
This article contains some interesting statistics. The webpage breaks
down homicide rates on an international, state, and city level, trends
over time, especially hazardous occupations (taxicab driving is worst)
and locations (liquor stores), etc.
Gun Law News
This is a well-organized and fairly comprehensive collection of current
news and links, to blogs and other sources, on the subject of firearms
ownership, use, and legislation.  There is also a historical section.
The Cost of Firearm Deaths in the United States:
Reduced Life Expectancies and Increased Insurance Costs.
Jean Lemaire
Journal of Risk and Insurance
September 2005
"The United States remains far behind most other affluent countries in
terms of life expectancy.  One of the possible causes of this life
expectancy gap is the widespread availability of firearms and the
resulting high number of U.S. firearm fatalities: 10,801 homicides in
2000..." There was a similar line of argument in an article referenced in
the last newsletter.

This newsletter is compiled with help from Dr. Rob S. Rice.  Dr. Rice's
newest non-fiction will be coming out in November, 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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