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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.
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Dave Kopel's Second Amendment NewsletterMarch 13, 2006 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: Table of Contents
New by Kopel:Sergeant York. Great Hero of the Great War.America's 1st Freedom Dave describes the conscientious objector who earned the Medal of Honor by virtue of his superior marksmanship and courage in the course of America's involvement in the First World War. Alvin York is one of the great exemplars of the utility of civilian marksmanship in time of war. Blogging by KopelDoctors and GunsThe Volokh Conspiracy Dave clarifies some concerns about a bill punishing doctors who inquire about a patient's firearms ownership when it is not directly relevant to the case at hand. Newark Airport Sued for Abuse of Person Lawfully Transporting a Firearm:The Volokh Conspiracy Newark International Airport arranged for the arrest of a man for violation of New Jersey state law regarding a firearm in his position. He had carefully obeyed all Federal laws about legally transporting a firearm in transit, which trump local restrictions. The NRA's state affiliate is suing. Proliferation of "Stand your ground" lawsThe Volokh Conspiracy More and more states are considering legislation removing an 'obligation to retreat' on the part of a citizen criminally confronted in public. The Proposed UN Human Rights Council: The Cure is worse than the DiseaseThe Volokh Conspiracy Dave cites a Canadian site, 'Eye on the UN' that
monitors the potential impact of the UN's actions upon
the lives of the world's citizens. 'Eye on the UN' may
be accessed here:
BATFE Director now needs Senate ConfirmationThe Volokh Conspiracy "...the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosive now requires Senate confirmation of his or her appointment... it makes sense for the head of any major federal law enforcement agency to be subject to the checks and balances of Senate confirmation. " Texas Primary Results and the Right to ArmsThe Volokh Conspiracy The recent Texas primary resulted in a major win for Second Amendment supporters at the Congressional level, with mixed results in state legislative races. Culture and PolicyBeing serious: 'Never again'Paul Gallant Paul Gallant, a co-author of Dave's, and also at the Independence Institute, points out that peace-keeping troops are not as effective in preventing genocide as would be an armed population of putative victims. InternationalAustraliaPM shuns US 'slavish love of guns'National (Australia) 9 News Australian r Prime Minister John Howard says he tightened gun laws after the Port Arthur massacre because he did not want Australia going down the same path as the United States. " And one of the things I don't admire about America is their ... slavish love of guns. They're evil." CanadaTory plan to kill long gun registry going strongNews Staff
20060226/day_registry_060226/20060226?hub=Canada
Canada's new minister of public safety says the government has no plans to back off on its intention to scrap the controversial long gun registry. Orders in CouncilPrivy Council EN&TXTOICID=&TXTFROMDATE=&TXTTODATE= &TXTPRECIS=FIREARMS&TXTDEPARTMENT=&CBODEPARTMENT =&TXTACT=&TXTCHAPTERNO=&TXTCHAPTERYEAR=&TXTBILLNO
=&RDOCOMINGINTOFORCE=&DOSEARCH=SEARCH+%2F+LIST&page=1
Here is a list of over one hundred firearms related Orders in Council passed by Canada's ministers since 1990 Status Of Provisions And Regulations Under The Firearms Act, Ability to Change Measures by Order-in-Council and Requirement to Table RegulationsParliamentary Information and Research Service
'Not to be Published.' Canadian member of Parliament allows the world a look at the current official situation regarding the provisions and enforcement of the Canada's Firearms Act. United KingdomAmericans see less crime than Britons, CanadiansJennifer Harper "The impact of crime is lower in the U.S. than in Britain, and in many cases Canada." Dunblane's 'Pro Gun' Book Sparks FuryJim McBeth "Parents whose children died in Dunblane have condemned the publication on the 10th anniversary of the killings of a book funded by pro-gun campaigners that challenges the firearms ban introduced in the wake of the tragedy." IndiaGuns from North sell like hot cakesPaul John and Sourav Mukherjee "Police sources say that certain pockets like Dungarpur in Madhya Pradesh and Etawah support an illegal-firearms manufacturing industry. " IraqGuns in demand as Iraqis seek protectionOmar al-Ibadi Iraqi civilians are seeing to their own protection during upsurges in violence as the country struggles toward democracy. The U.N.CASA Pilot WebsiteThe Coordinating Action on Small Arms Mechanism The UN Agency on small arms (CASA) has established its pilot website. The fact that 16 UN bodies have a coordinated effort on small arms is significant. Of particular interest is the "Strategic Framework" and event calendar. March 2006: Small ArmsSecurity Council Report The Security Council Report is a non-UN organization founded and maintained with the encouragement of the Secretary General. This page collects sources used for the Secretary General's report on the "problem" of small arms, pending an official report on taking UN action to solve it. Self DefenseGoing Postal in Gun-Free ZonesDonald R. May The author of this opinion piece notes that the laws designed to protect those within the boundaries of post offices and schools have acted to make those same people more vulnerable to law-ignoring mass killers. AlabamaHouse Compromises on Use of Deadly ForceAssociated Press "The Alabama House voted Tuesday to expand the instances when a person can use deadly force to protect his or her home or automobile." IowaConcealed Weapons Permits: Bill allows appeal process for those being deniedTracey Lamm "A bill was approved by the Iowa House Public Safety Committee last week that implements a formal appeals process for Iowa citizens who seek but are denied a concealed weapons permit." KansasSenate's Gun Vote can Withstand VetoChris Moon "A bill that would allow Kansans to carry concealed handguns easily passed the Senate on Thursday, taking a step toward a tug-of-war with Gov. Kathleen Sebelius over gun rights. The measure passed the Senate 29-11, two votes more than needed to override an expected veto by the governor." KentuckyBill to Let Homeowners Shoot Intruders is OK'dBruce Schreiner "Homeowners would become armed with legal protection when shooting intruders under a bill that was easily passed by the House of Representatives yesterday." OklahomaPanel Passes Stand Your Ground Self-Defense BillAssociated Press Oklahoma's state government has passed a 'Stand Your Ground' law similar to the one the State of Florida passed last year. South DakotaSenate Accepts Self-Defense BillAssociated Press "People who stand up to intruders shouldn't have to worry about being arrested for assault, the South Dakota Senate decided Friday." TexasState's New Gun-Toting Law has Surprise Backer: ACLURoddy Stinson
stories/MYSA020506.03A.Stinson.24665cb.html
The Texas branch of the American Civil Liberties Union supports a broader interpretation of the state's 'traveling' law than does this opinion column writer. UtahCommittee Advances Weakened Loaded Weapons BillAssociated Press "Utah residents would be allowed to keep a loaded firearm at home without a concealed weapons permit under a bill endorsed by a Senate committee Tuesday." VirginiaRight to Shoot Bill ProgressesBob Gibson
CDP%2FMGArticle%2FCDP_BasicArticle&c=MGArticle&cid=1137834026430&path=!news
" A House of Delegates committee advanced a bill Friday to bar counties from denying shooting ranges in rural areas where hunting is legal." FederalJames and Sarah Brady Comment on the Vice President's Hunting MishapPress Release James and Sarah Brady offer their views in the aftermath of Vice-President Cheney's accident while hunting quail in Texas. Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), gives its testimony before the Subcommittee on Crime, Terrorism, and Homeland Security.Liberty Belles: Putting the 2nd Amendment First This Women's RKBA organization provides a link to the House Oversight Committee's taking of testimony from the Bureau of Alcohol, Tobacco, Firearms and Explosives upon abuses by that agency taking place at legal Gun Shows. The direct link is here: http://judiciary.house.gov/oversight.aspx?ID=216 CourtsContempt Motion Filed Against New Orleans Mayor, Police ChiefSusan Jones "The Second Amendment Foundation and the National Rifle Association filed a motion on Wednesday to have New Orleans Mayor Ray Nagin and Police Superintendent Warren Riley held in contempt of court." Court papers are at http://www.saf.org/ SAF Sues to Overturn San Francisco Gun BanThe Second Amendment Foundation The California Court of Appeals has sent the suit filed by SAF, NRA, and others, to the state Superior Court to decide. The Writ of Mandate filed with the Superior Court, as well as the Writ of Mandate filed with the Appeals Court is posted and can be downloaded in PDF format at www.saf.org. Scalia Champions Hunting and ConservationClay Carey "The best thing avid outdoorsmen can do for the sport of hunting is to attack the stereotype that guns are only used for evil purposes, U.S. Supreme Court Justice Antonin Scalia told the National Wild Turkey Federation's annual convention yesterday." America & the Courts: Supreme Court Justice Scalia on Int'l & Foreign LawCSPAN.org Supreme Court Justice Antonin Scalia talked about the role of international and foreign law in American judicial decision-making. Following his speech, he took questions from the audience. This event took place on Tuesday at the American Enterprise Institute in Washington, DC. The RealAudio (requires player) video of that interview is here: http://www.c-span.org/videoarchives.asp?CatCodePairs=Series,AC&ArchiveDays=100 Posey vs. StateThe Supreme Court of Kentucky Kentucky rules that felons have forfeited their right to bear arms under the state constitution-clear asserting the existence of that right, and its nature as an individual right of the people. Judge Rules Pa. Can't Demand Social Security Numbers for GunsAssociated Press " A federal judge ruled Monday that Pennsylvania cannot require Social Security numbers from those purchasing guns or obtaining a concealed-weapons permit. U.S. District Judge Juan Sanchez ruled that the state law violated the federal Privacy Act." S.F. Gun Ban Finds Support is ScarceHerbert A. Sample Lawyers and advocates of the city of San Francisco's ban on private firearms ownership are having a difficult time convincing judges or California politicians to support it publicly. Appeal Denied in Clay-Target CaseCarlos Santos RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=
1137834397205&path=!news&s=1045855934842
"The Virginia Supreme Court has refused to hear an appeal from a Nelson County hunting business that lost a lower-court claim that shooting at clay targets is hunting." ResearchGun Prevalence, Homicide Rates and Causality: A GMM Approach to Endogeneity BiasGary Kleck, Tomislav Kovandzic, and Mark E.
Schaffer. "This study seeks to answer the question of whether more guns cause more crime, and unlike nearly all previous such studies, we properly account for the endogeneity of gun ownership levels. " The paper is available for download in multiple formats from this site. Gun-toting motorists more prone to road rageIssue 2537 This article positively asserts from a survey of 2400 motorists that those who carry a firearm in their vehicles are far more likely to indulge in what the article terms 'road rage' than motorists who are unarmed. To quote: " Some 23 per cent of gun-toting drivers admitted making rude signs, compared with 16 per cent of those who did not carry guns." Accordingly, the article bemoans concealed carry legislation. Reasonable Doubt: Can Crime Labs be Trusted?CNN and the Center for Investigative Reporting
"A joint investigation by CNN and the Center for Investigative Reporting examines the lack of standards, quality controls and training at many of the nation's forensic laboratories and raises serious doubts about some forensic scientists. " Firearm Statistics Report Available to Movie, TV CreatorsAScribe: The Public Interest Newswire
20060227.175326&time=0
7%2031%20PST&year=2006&public=0 "The Entertainment Industries Council Inc. (EIC) has created an extensive compilation of information on gun violence, firearm safety, gun legislation and more as a resource to the creative community for potential storylines. " Michael Moore Hates AmericaMMHA Creative Group "The controversial documentary by Michael Wilson examines the filmmaking methods of Director Michael Moore ("Fahrenheit 9/11", "Bowling for Columbine", "Roger & Me") and finds that not all is as it seems in the world of Hollywood documentaries. " Consumer AwarenessMailboxes, Etc., Refuses to Ship FirearmsCharlie Cutshaw Hi All, As just about everyone knows, I'm a journalist specializing in test and evaluation of firearms. I usually return test guns to their manufacturers via FedEx, which is "gun friendly" and gives a substantial discount to National Shooting Sports Foundation members, which is reason enough to use FedEx as opposed to UPS, which is anti gun. That said, today I went down to the local Mail Boxes Etc to drop off a carbine I was returning to its manufacturer after test. I've been doing this for about two years, but the returns are usually handguns, so it isn't obvious what is in the box. This time, though, the clerk asked if there was a firearm in the box. I replied that there was and she replied that MBE would not accept firearms for shipment. I told her that if FedEx had no problem with firearms, why should MBE? At this point the manager came out and told me that it was MBE policy that they would not process firearms for shipment. I told him that I didn't understand this, given the "gun friendly" policy of FedEx. He said that was MBE policy, to which I responded that I would spread the MBE policy to every one I know in the hope that my many gun loving friends would vote with their feet and avoid using MBE. So here it is, friends. All of you for the most part are firearms aficionados. The remainder are as politically incorrect as I am. Since the right of firearms ownership is guaranteed in the US Constitution, how does MBE justify refusing to ship them? Firearms are just like any other commodity; they are NOT innately evil. Firearms are inanimate objects like ball bats or knives. The evil is in the heart of the person who uses them for evil purposes, not in the objects themselves. As far as I am concerned, there will be sleet storms in Hades before I ever again darken the door of a Mail Boxes Etc facility. I hope that you will join me in boycotting Mail Boxes Etc (MBE) and I hope that you will help me spread the word about this left wing extremist company that categorizes inanimate objects as being innately evil. Best regards, Charlie Cutshaw CultureSecond Amendment Cause Rooted In LiberalismAri and Linn Armstrong A local organization, the Pro Second Amendment Committee, sponsors essay competitions and public events in support of the Second Amendment to the Constitution of the United States. Right to Carry a Feminist IssueMeghan D. Lehman "The average man can physically overpower the average woman; this is a biological fact. The vast majority of violent crimes are committed by men. We women should not have to depend on the men in our lives for protection, nor can we expect police to be in all places at all times." This newsletter is compiled with help from Dr. Rob S. Rice, who had a long and difficult battle establishing the procedures needed to convert the newsletter to a new format. Then they changed it on him, and he had to do it in an entirely different format that has left him harassed, exhausted and haggard. Dr. Rice is also a poet, novelist, and factotum of matters electronic to Dave Kopel. He is usually calmer and less prone to self-pity. Al Qaeda delenda est!
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