Dave Kopel's Second Amendment Newsletter, 2009 November 5

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

  1. A Special Note to Readers: 10th Anniversary!
  2. New by Kopel: A New Book: Aiming for Liberty; Sotomayor Written and Videotaped Testimony; Short Articles on OSHA Head, Supreme Court on McCain-Feingold, Anti-Gun Books review, Sudan, Gun Ownership, Somali Pirates; Articles in Scholarly Journals on 'Gun-Free' Zones, the Arms Trade, Blogging and Citizen Involvement ; Podcasts and Videos, on Chicago, McCain-Feingold, Obama and Open Carry, The Thune Amendment, Article IV of the Constitution, Sotomayor, the 7th Amendment, Montana FFA and... The Nannyism Panel! Also Dave's Ongoing Blog Entries on Knife Rights, Juvenile Gun Possession, Chicago, CCW in Churches, Thailand, Conservatives and Civil Rights, Justice Stevens, Registration Allowed, Firearms Dealer wins in NYC, Misdemeanor Ban, and a Chinese Armed Victim
  3. International: Ground Zero Recalled; Small Arms Treaty Redux; Canadian Registry Vote; Finnish Searches; Indian Gun Licenses; Irish Handgun Bans and Self-Defense; Mexican Gun Sources and Armed Mormons; Israelis Arm Themselves; Kenya Hangs for AK's; Philippines Reject Gun Ban; Russians Arming; Rwanda Disarms; Saudis Allow Gun Shops; South African Gun Control; Taiwanese won't Arm; British Culture; Venezuelan Ammunition Restrictions
  4. Federal: Amtrak Guns; D.C. Representation; Public Housing; Udall and the Thune Amendment; Markey, Coffman on New Ranges
  5. States: California Ammunition Law and Fees; Delaware Confiscation Gone; D.C. Tweaks Laws; Louisiana Parade Veto; Detroit Murders; Texas adjusts Laws; The NY Nunchaku Case
  6. Self-Defense: ASIS Flips on Parking Lot Bans; MSU Allows CCW Transit; College Gun SPEECH Bans; Bad Polls for Gun Bans; Virginia Elections; Nevada Pols at Range Opening; Open Carry near Obama; Drug and Gun Control; Brady Campaign criticizes Obama
  7. Law: Supreme Court on McDonald, Judge Stevens; Federal Case allows Registration; State Cases of the Seattle Parks Ban, Florida Castle Doctrine, Illinois Car Consoles, N.J. denies right to Handguns, N.C. Felon's RKBA
  8. Research: Knife Rights; Modern Shooting Rifles; Gun Show Study and Criticism; School Shootings as Ban Justification; The 2nd and 14th Amendments; U.N. Treaty Analysis

A Special Note to Readers

November 4, 2009

Happy Tenth Anniversary! This issue marks the ten-year anniversary of this newsletter. I look forward to the next ten years of working with the Second Amendment Foundation to provide news and analysis about the right to arms and the right of self-defense. Sorry for the long delay since this last issue. Things have been busier than ever the past few months. I hope to get back on track for more frequent publication of this newsletter.

New by Kopel

New Book: Aiming for Liberty

Aiming for Liberty

David Kopel
Merril Press
December 4, 2009

Dave's new book, Aiming for Liberty: The Past, Present, And Future of Freedom and Self-Defense, is now available for pre-order on Amazon.com and Barnes & Noble. Publication date is Dec. 4, 2009

Podcast on Aiming for Liberty

Dave Kopel with Jon Caldara
Dave Kopel's Second Amendment Podcast
October 16, 2009

Dave discusses his new book for 11 minutes with Jon Caldara, and explains the book's contents and objectives.

Testimony to the Senate Judiciary Committee

Testimony to the Senate Judiciary Committee

David B. Kopel
Hearings before the Judiciary Committee of the United States Senate
July 13-16, 2009
PDF files require Adobe Acrobat Reader or similar software.

Here is the longer written testimony presented to the Senate Judiciary Committee regarding the Second Amendment record of Judge Sonia Sotomayor.

Live Testimony to the Senate Judiciary Committee

David B. Kopel
Hearings before the Judiciary Committee of the United States Senate
July 13-16, 2009

Here is the C-Span video of Dave's oral testimony before the Senate Judiciary Committee regarding the Second Amendment record of Judge Sonia Sotomayor.

Short Articles by Kopel

OSHEESH! How President Obama's Latest Anti-gun Appointee—proposed OSHA Director David Michaels—Could place Sweeping Restrictions on your Right to Keep and Bear Arms

David Kopel
America's 1st Freedom
November, 2009

David Michaels, President Obama's choice to head the Occupational Safety and Health Administration, would have the power to ban firearms at workplaces and their parking lots throughout the United States. Dave fears he has that inclination.

Will the Supreme Court Set Speech Free?

David Kopel
America's 1st Freedom
September, 2009
PDF files require Adobe Acrobat Reader or similar software.

Dave discusses the Supreme Court, censorship of political speech, and the case of Citizens United v. FEC.

From Bad to Worse

Dave Kopel
America's 1st Freedom
October, 2009
PDF files require Adobe Acrobat Reader or similar software.

Here are Dave's book reviews of Lethal Logic: Exploding the Myths that Paralyze American Gun Policy, by Dennis A. Henigan and Guns, Democracy, and the Insurrectionist Idea by Joshua Horwitz & Casey Anderson.

What's the Difference between a "Living Constitution" and a Dead Document?

Dave Kopel
America's 1st Freedom
September, 2009
PDF files require Adobe Acrobat Reader or similar software.

The "living Constitution" theory of interpretation should lead to strong protection for a vital Second Amendment.

The OAS Treaty: Blueprint for Dismantling the Second Amendment

Dave Kopel
America's 1st Freedom
August, 2009

The current Administration's support for a dangerous international treaty shows its disdain for the Constitution and America's law-abiding gun owners.

The Guns of Sudan

David Kopel, Paul Gallant, Joanne Eisen
The New Ledger
July 7, 2009

The U.S. and the U.N. are supporting an effort by the new Government of South Sudan to disarm the civilian victims of government atrocities.

The Liberal Argument for Gun Ownership

David Kopel
Boulder Weekly
June 2-8, 2009

"Should liberals respect the constitutional right to keep and bear arms? The answer is plainly "yes," especially if liberals adhere to their traditional best principles of tolerance and diversity, and of respect for civil liberties under a living Constitution."

Bloody Pirates!

Dave Kopel
America's 1st Freedom
July, 2009

How can a few thugs disrupt the entire shipping industry? It's simple when the good guys have water hoses and air horns for self-defense, and only the bad guys have guns.

Articles by Kopel in Scholarly Journals

Pretend 'Gun-Free' School Zones: A Deadly Legal Fiction

David B. Kopel
Connecticut Law Review
Vol. 42, No. 2, December 2009, forthcoming

"Most states issue permits to carry a concealed handgun for lawful protection to an applicant who is over 21 years of age, and who passes a fingerprint-based background check and a safety class. These permits allow the person to carry a concealed defensive handgun almost everywhere in the state. Should professors, school teachers, or adult college and graduate students who have such permits be allowed to carry firearms on campus?" The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.

The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators

David Kopel, Paul Gallant, and Joanne Eisen
Penn State Law Review
Vol. 104, forthcoming

"This paper first examines the ATT, and observes that the ATT, if implemented as promised, would require dozens of additional arms embargoes, including embargoes on much of Africa. The paper then provides case studies of the current supply of arms to the dictatorship in Zimbabwe and to the warlords in the eastern Democratic Republic of the Congo (DRC). The paper argues that the ATT would do nothing to remediate the conditions which have allowed so many arms to be acquired by human rights violators in Zimbabwe and the DRC. The ATT would have no more effective force than the embargoes that are already imposed by the UN Security Council; therefore states, including China, which violate current Security Council embargoes could just as well violate ATT embargoes." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.

Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III

David B. Kopel and Nelson Lund
Journal of Law & Politics
2009, forthcoming

This article is a critique of 4th Circuit Court of Appeals Judge Wilkinson's Virginia Law Review article asserting that D.C. v. Heller is a 21st century version of Roe v. Wade. The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.

Connecting Laypeople with the Law through Blogs

Dave Kopel
DU Process: An Online Supplement to the Denver University Law Review
October 19, 2009

This material is Dave's part of DU's symposium on Legal Scholarship in the Internet Age, for which see here: http://www.duprocess.org/home/2009/10/19/part-two-connecting-laypeople-with-the-law-through-blogs.html.

Podcasts and Videos by or Featuring Kopel

Guns at Presidential Speeches

Dave Kopel with Jon Caldara
Dave Kopel's Second Amendment Podcast
August 21, 2009

Kopel and Caldara discusses the lawful carrying of firearms outside of buildings where the President is speaking, and why Kopel thinks it is harmful to the pro-Second Amendment movement. Aug. 21, 2009. 11:58 long.

National Concealed Carry

Dave Kopel with Jon Caldara
Dave Kopel's Second Amendment Podcast
July 29, 2009

Kopel and Caldara discuss the Thune Amendment, which would have created national concealed carry reciprocity. 11:35 in duration.

The Privileges and Immunities Clause

Dave Kopel with Rob Natelson
Dave Kopel's Second Amendment Podcast
July 23, 2009

Dave interviews University of Montana law professor Rob Natelson about Natelson's research on the original meaning of the Article IV provision: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." 46 minute podcast.

A Sotomayor Critic Weighs In

Dave Kopel with Todd Zwillich
WNYC, "The Takeaway."
July 15, 2009

Kopel and Christian Science Monitor reporter Todd Zwillich discuss the Sotomayor nomination. This page leads to a summary, other material, and a link to the podcast. Dave's portion begins at about 5:10 in and continues for approximately 14 minutes.

Video from the Independence Institute's Panel on Nannyism

Dave Kopel
The Independence Institute
June 19, 2009

On the day before the Independence Institute's annual Alcohol, Tobacco & Firearms day, there was a panel on Nannyism at the Warwick Hotel in Denver. Speakers included Andrew Breitbart (Drudge Report, Big Hollywood and the ACORN Videos), Radley Balko (Reason), Linda Gorman (Independence Institute), David Harsanyi (Denver Post), Andrew Boucher (NoCoPolitics.com), Jordan Lipp (Colorado Civil Justice League), Terry Gallagher (Smoker Friendly), and Dave. The videos are available on the Independence Institute's MySpace page, here: http://tinyurl.com/yctp2t2. The video of Dave's 18 minute presentation is here: http://tinyurl.com/yzcb9xh

7th Circuit decision in NRA v. Chicago

Dave Kopel with Jon Caldara
Dave Kopel's Second Amendment Podcast
June 4, 2009

Jon Caldara and Dave discuss the 7th Circuit decision in NRA v. Chicago.

Guns in National Parks

Dave Kopel with Amy Oliver
The Amy Oliver Show on KFKA Radio
June 10, 2009

Dave and Amy Oliver discuss the Montana Firearms Freedom Act, which attempts to exempt guns manufactured and possessed within Montana from federal laws based on the interstate commerce power. The podcast lasts for 16 minutes.

New Blog Posts by Kopel

Huge Win for Knife Rights

David Kopel
The Volokh Conspiracy
October 20, 2009

Dave here rejoices in the success of the citizens' group Knife Rights in removing import restrictions caused by an over-broad definition of 'switchblade' knives.

First Circuit Upholds Federal Ban on Juvenile Handgun Possession

David Kopel
The Volokh Conspiracy
October 6, 2009

"As you'll see by reading the First Circuit case, there are good reason why the juvenile delinquent should not have owned a gun. But I [believe] that there is a less restrictive alternative than the federal approach."

Background Reading for Supreme Court's New 14th/2d Amendment Case

David Kopel
The Volokh Conspiracy
September 30, 2009

Dave here offers a collection of material for those wishing to acquire background for the NRA v. Chicago case.

Buddhists and Moslems Arm Against Terrorists:

David Kopel
The Volokh Conspiracy
September 21, 2009

Dave links to sources for information about a burgeoning civil war in southern Thailand and civilian efforts at self-defense against Islamic radicals..

Does CHL ban in Churches Violate the First Amendment?

David Kopel
The Volokh Conspiracy
September 29, 2009

This is a full deliberation on the correctness of Arkansas's Attorney General view that that state may ban concealed handguns in churches.

Conservatives and the Civil Rights Movement:

David Kopel
The Volokh Conspiracy
September 11, 2009

One Tim Wise makes the amazing assertion that conservatives are opposed to civil rights, and would have opposed the Reverend Martin Luther King. Dave points out that Charlton Heston marched with Dr. King and provides other contradictory examples.

More on Gun Registration, and Guns at POTUS Speeches

David Kopel
The Volokh Conspiracy
August 21, 2009

Dave links to an article with which he disagrees on firearms registration and offers some additional deliberation on 'open carry' at or near presidential events.

Justice Stevens Loves the NRA

David Kopel
The Volokh Conspiracy
September 9, 2009

Supreme Court Justice Stevens seemed to approve of an NRA alternative to bans on political speech under McCain-Feingold during arguments before the Court.

7th Circuit Says Gun Registration is OK. Guns at Obama Protests

David Kopel
The Volokh Conspiracy
August 20, 2009

Dave points out the lack of substantiation for the 7th Circuit's opinion saying that registration short of a ban is acceptable under Heller. He points out the media manipulation of the 'open carry' event in the vicinity of a speech by President Obama in Arizona.

Second Circuit Rules in Favor of Firearms Dealers on Procedural Due Process

David Kopel
The Volokh Conspiracy
August 17, 2009

Here is an examination of the decision in Spinelli v. City of New York, in which the Second Circuit ruled on behalf of a New York City firearms dealer who had her stock seized and later returned by the city's police.

Tenth Circuit Split on Gun Ban for Misdemeanants

David Kopel
The Volokh Conspiracy
August 13, 2009

Here is an examination of a decision concerning the problematic federal ban on firearms possession by someone convicted of a misdemeanor act of domestic violence.

Chinese Woman Resists Rape, is Criminally Convicted, then Released

David Kopel
The Volokh Conspiracy
June 16, 2009

A waitress who fatally stabbed one Communist Party official and wounded another was convicted of assault and 'excessive defense' after she resisted the two men's attempt to rape and beat her. She was nonetheless released.


The View from Ground Zero

Scott Bach
September 8, 2009

NRA Board member Scott Bach offers a poignant recollection of his immediate feelings after witnessing the aftermath of the assault of 9/11 upon New York City.

Arms-trafficking Treaty Threatens U.S. Sovereignty

H. Sterling Burnett
All Business
August 23, 2009

The U.N. is urging its ineffective treaty on small-arms trafficking for passage in the U.S. Senate. Mr. Burnett urges its rejection.


Gun Registry Battle Rages

Kathleen Harris
London Free Press (Canada)
October 26, 2009

"The debate is heating up before a scheduled Nov. 4 vote on private member's bill C-391 to repeal the registry." Critics have long labeled Canada's registry of long guns a useless waste of resources.


New Gun Law Opening Doors To Police

Finnish Broadcasting Company (Finland)
August 16, 2008

"New gun control legislation may give police new enforcement powers. The Sunday newspaper supplement Sunnuntaisuomalainen writes that new legislation, under preparation, will allow the police to inspect the homes of gun permit holders without the need to establish suspicion of a crime."

Former Soviet Union

Russians Increase Purchases of Guns for Self-Defense

Paul Goble
July 20, 2009

"As the economic crisis deepens and fears of crime spread, not only are more Russians buying guns of various kinds -- including pistols and gas guns -- but many of them are buying more than one, trends that are prompting some Duma deputies to consider repealing existing restrictions on the purchase of hunting rifles for self-defense."

South Ossetia Tries to Disarm Its Citizens

Ellen Barry
The New York Times
August 14, 2009

"Now, with Russia guaranteeing its security, South Ossetia is asking residents to turn in their weapons voluntarily. The police have opened 50 criminal prosecutions for illegal weapons and plan to offer $300 to $400 for each Kalashnikov rifle, a top official said."


HC wants Guidelines for Refusing Arms Licence

Mayura Janwalkar
DNA (India)
February 13, 2009

"The Bombay High Court (HC) on Thursday directed the state government to frame guidelines outlining the criteria for granting arms licences. The court also directed the state home department to reconsider the gun licence application filed by criminal advocate Khan Abdul Wahab and pass necessary orders in two weeks."


Farmers urge Minister to Rethink Restrictive New Gun Licensing Laws

Ray Ryan
The Irish Examiner
August 22, 2009

"Farmers have called on Justice Minister Dermot Ahern to rethink gun laws that have just been introduced. No new handgun licences will be issued under the legislation, with limited exceptions for Olympic shooting sports."

Right to Defend Your Home should not be seen as 'licence to kill'

Emer O'Kelly
The Sunday Independent (Ireland)
September 20, 2009

"But if any force used against an intruder is to be deemed 'reasonable', we will have a charter for unchecked lethal violence."


Number of Gun Applications Doubles

Yael Levy
September 17, 2009

"Interior Ministry says recent surge in violence has it receiving twice as many requests for firearms permits. Number of appeals over denied requests nearly triples; those ineligible for gun license opt for tear gas, knives."


Owning AK-47 Soon to be a Hanging Offence

Kenneth Ogosia
Daily Nation (Kenya)
October 6, 2009

"Owners of illegal guns and police officers who rent their firearms to criminals could soon face the death penalty. Law enforcement agencies are pushing for tighter gun control and have proposed a raft of tough measures to be discussed by the Cabinet soon."


Gun Traffickers Recruiting Women as Buyers

Kevin Johnson
USA. Today
August 23, 2009

"Federal law enforcement officials don't track the numbers of women involved in gun-trafficking cases. But as the demand for weapons in Mexico has escalated in the past two years, trafficking rings have been increasingly recruiting women with clean criminal records to buy weapons for them, said J. Dewey Webb, chief of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives office in Houston."

Gun Shows, Thieves Linked to Drug Weapons: ATF Says Most Weapons Didn't Come from Licensed Dealers

Stewart M. Powell
Houston Chronicle
July 16, 2009

"Less than half of an estimated 18,000 American firearms used in Mexico's drug wars over the last three years have been traced back to licensed gun dealers — suggesting [emphasis added] most are stolen or bought at gun shows where background checks are not required, a federal law enforcement official told Congress on Thursday."

Mexico to Give Arms, Training to Mormon Community Anti-crime Force after Murder of Activist

Mark Stevenson
Associated Press
July 11, 2009

"Authorities in northern Mexico will give arms and training to members of an anti-crime group in a Mormon community after two local residents were killed by hit men with ties to organized crime, residents said Friday."

New Zealand

Gun Owners Angry after Siege Sparks New Rules

Hawke's Bay Today (New Zealand)
August 18, 2009

"Changes to licensing rules for military-style semi-automatic weapons would not have prevented the deadly Jan Molenaar siege on Napier Hill and was a 'knee-jerk reaction', say firearms lobbyists."


Comelec Rejects Total Gun Ban

Aaron B. Recuenco
Manila Bulletin (Philippines)
August 13, 2009

"The Philippine National Police (PNP) was left scrambling for another means to prevent firearms-related election violence in next year's polls after the Commission on Elections (Comelec) rejected its proposal for a total gun ban."


Country Takes Firm Stand against Arms Proliferation

Gilbert Ndikubwayezu
July 9, 2009

"According to the Regional Centre on Small Arms and Light Weapons (RECSA), Rwanda has carried out arms destruction exercises that have, since January 2009, seen over 16,000 obsolete, surplus and illegally held firearms destroyed."

Saudi Arabia

Saudi to Permit Gun Shops

Agence France Presse
October 17, 2009

"Saudis will be able to buy handguns and other personal firearms openly for the first time after the interior ministry said on Saturday it will licence privately owned gun shops."

South Africa

DA: Zuma Displaying Ignorance about Guns

Carien du Plessis
Cape Argus (South Africa)


South African President Jacob Zuma's call to eliminate civilian firearms ownership provoked a number of angry responses.

Gun control Law: Mthethwa Under fire

Pretoria News
September 1, 2009

"The Cape High Court has given Police Minister Nathi Mthethwa 90 days to draw up guidelines for compensation for firearms surrendered under the gun control law. The ruling could result in pay-outs totaling millions of rands for gun owners who have handed in weapons since 2004."

Black Gun Owners up in Arms

South African Press Association
June 25, 2009

"Police are intimidating South African gun owners and defrauding citizens of their lawful property, black firearm owners said on Thursday."


Legalization of Gun Ownership Not Considered: Interior Minister

Lin Kun-hsu and Y.L. Kao
Central News Agency
October 22, 2009

"Jiang said the disadvantages of allowing gun ownership outweigh the benefits and that the ministry will only consider allowing security guards to carry firearms."

United Kingdom

There is a Compelling Case to Get the Hunting Ban off the Statute Book

Nick Herbert, Shadow Secretary of State for Environment, Food and Rural Affairs
The Telegraph (UK)
October 18, 2009

"Labour's attack on hunting was an act of spite. It attempted to create two nations, dividing town and country. It treated the rural minority with contempt, bordering on hatred." In this context in the U.K., "hunting" means the pursuit of foxes on horseback with hounds.

James Chapman
The Daily Mail (UK)
August 26, 2009

"Shadow home secretary Chris Grayling will blame Labour for standing by while 'urban war' breaks out in parts of the country. Carrying weapons is becoming the norm, violence is 'routine' and families are terrorised by gangs, he will say."


Jeremy Morgan
Latin American Herald Tribune
September 28, 2009

Prodded by Hugo Chavez, Venezuela's National Assembly is considering legislation to limit ammunition purchases to fifty rounds per person per year.


Fight to Allow Weapons aboard Amtrak Trains could Derail Transportation Bill

Walter Alarkon
The Hill
October 25, 2009

"Sen. Patty Murray (D-Wash.), the appropriator who sponsored the Senate's transportation spending bill, voted against the provision. Murray is concerned that complying with the provision would be cost-prohibitive for Amtrak, said Alex Glass, a Murray spokeswoman."

Democrats Hold Fire on Gun Control

Jonathan Allen
October 28, 2009

"The struggles for Democrats in moving on D.C. representation show the success of the gun lobby — even when Congress and the White House are under complete Democratic control."

House Panel Adopts Amendment Allowing Guns in Public Housing

Karoun Demirjian
CQ Politics
August 31, 2009

"Gun rights advocates scored a victory Thursday as the House Financial Services Committee adopted an amendment to allow guns in public housing projects."

Gun Vote keeps Faith with Colorado Law

Sen. Mark Udall (D-CO)
The Denver Post
August 2, 2009

The Colorado Democrat disputes the Denver Post's criticisms of his vote to support the Thune Amendment, which would have allowed nationwide reciprocity on concealed carry permits.

Markey, Coffman seek funds for shooting ranges

The Greeley Tribune (CO)
October 16, 2009

"Two Colorado congressional members have introduced a resolution designed to improve and create more public shooting ranges for gun owners and sportsmen." Markey is a Democrat, representing Colorado's 4th District, Coffman is a Republican from Colorado's 6th District.



NRA Firing Back at Gun Bill

Katie Browning
San Diego News Room (CA)
October 27, 2009

"The NRA and its supporters are promising to fight Assemblyman Kevin DeLeon's (D-L.A.) AB 962, the bill recently signed by Gov. Schwarzenegger that requires stricter control over the purchase of handgun ammunition and bans all internet ammunition sales. Because Schwarzenegger vetoed the same bill one year ago, gun groups were surprised by the action."

Bill to Narrow the Use of Hunting Fees Vetoed

Ed Zieralski
The San Diego Union-Tribune
October 16, 2009

"The bill would have mandated that user fees — about $9.5 million from the sale of bear, elk, wild sheep, antelope, wild pig, deer and upland bird tags and stamps — be used for related conservation activities and public hunting purposes. It would have required the DFG to file Internet reports detailing how the money was spent."


NCCo Gun Laws Now in Line with State, U.S.

Around Delaware
The News Journal (Wilmington, DE)
October 28, 2009

"A 1960s-era section of the code gave the county executive power to restrict weapons in the hands of residents during emergencies. County Council voted Tuesday to clean up language in the code by deleting a sentence that says the top administrator may impose 'limitations upon the carrying or stockpiling of firearms, weapons or ammunition' during declared states of emergency."

District of Columbia

D.C. Expands List Of Allowed Guns To Avert Lawsuit

Tim Craig
The Washington Post
June 20, 2009

"The D.C. government released emergency regulations yesterday that greatly expand the models of handguns that District residents can own, a shift designed to stave off another lawsuit over its compliance with the Second Amendment."


Gov. Bobby Jindal Vetoes Bill to Ban Guns near Parade Routes

Paula Devlin
The Times-Picayune (New Orleans, LA)
July 14, 2009

Governor Jindal vetoed a bill that would have made it a crime to carry firearms within 1,000 feet of a parade or demonstration in Louisiana.


Getting away with Murder is the Norm in Detroit: Police Chief Calls City's Closure Rate 'Abysmal'

Charlie LeDuff
The Detroit News
September 10, 2009

"The most generous interpretation of 2008 homicide warrants and convictions supplied by local law enforcement officials shows that in more than 70 percent of homicide cases no suspect has been identified, arrested, charged or convicted of a killing."

North Dakota

New Concealed Weapon Permit Laws

Press Release
Wayne Stenehjem, North Dakota Attorney General
July 31, 2009
PDF files require Adobe Acrobat Reader or similar software.

"Beginning August 1, 2009, applicants for a North Dakota Concealed Weapon Permit will have a choice of permits. In an effort to increase the number of states that recognize North Dakota's concealed weapon permits, the new law creates a two-tier system."


A Look at Some of the New Laws Taking Effect Tuesday

Associated Press(TX)
August 29, 2009

The article runs down some new provisions in Texas's concealed carry laws.


ASIS Supports Property Owner Right to Prohibit Firearms

Sherry Harowitz
Press Release
September 25, 2009

This later post completely reverses an editorial posted four days previously by ASIS International, a corporate security firm, which objected to the efforts of corporations to prohibit firearms in their employees' cars while parked on company property. The earlier editorial is no longer available for public access.

Michigan State Approves Exception To Weapons Ban

Associated Press (MI)
June 20, 2009

"Michigan State University has approved an exception to its campus weapons ban allowing people with permits to carry concealed weapons to walk or drive through campus with a gun."

Some Colleges Bar Even Talking About Right to Bear Arms, Gun Advocates Say

Kelley Beaucar Vlahos
Fox News
June 4, 2009

"Since the Virginia Tech murders in 2007, in which 32 people were gunned down by a student with a history of mental illness, a line has been drawn between those who feel that licensed gun owners should be allowed to carry concealed weapons on campus, and those who believe prevention and tougher gun laws are the best response to a campus gunman."


In U.S., Record-Low Support for Stricter Gun Laws

Jeffrey M. Jones
The Gallup Organization
October 9, 2009

"Gallup finds a new low of 44% of Americans saying the laws covering firearm sales should be made more strict. That is down 5 points in the last year and 34 points from the high of 78% recorded the first time the question was asked, in 1990."

50% Oppose Stricter Gun Control Laws

Rasmussen Reports
October 5, 2009

"A new Rasmussen Reports national telephone survey shows that 50% are opposed to stricter gun control laws, and 11% are not sure."

Editorial: Guns and the Virginia Election

The Washington Times
October 29, 2009

"Mr. Shannon's attacks on Mr. Cuccinelli are not only false; the policies that Mr. Shannon advocates would disarm law-abiding Virginians and increase crime. That's the real election issue for Virginians who care about their personal safety."

Politicians Aim for Shooters' Votes: Clark County Shooting Park Dedication Triggers Assertions of Gun Rights Support

Benjamin Spillman
Las Vegas Review-Journal
August 26, 2009

"Reid, Sen. John Ensign, R-Nev., Rep. Shelley Berkley, D-Nev., Republican Gov. Jim Gibbons and Democratic gubernatorial candidate and Harry Reid progeny Rory Reid all took turns declaring their support for gun rights in Nevada, a wide-open Western state where Democrats and Republicans love shooting."

Did Rifle-Toting Obama Protester Help or Hurt Gun Rights?

Patrik Jonsson
August 23, 2009

"The appearance of weapons near the president at a speech and a healthcare town hall has been cast as either a danger to the president and public debate or a sign of that gun ownership is gradually losing its stigma."

Drug Control Begets Gun Control

Jacob Sullum
Reason Magazine
July, 2009

"Obama is right that the U.S. is largely responsible for the carnage in Mexico, which claimed more than 6,000 lives last year. But the problem is neither the drugs Americans buy nor the guns they sell; it's the war on drugs our government has drafted the rest of the world to fight."

Obama and the Gun Lobby: A Policy of Appeasement?

Dennis A. Henigan, President, the Brady Center
The Huffington Post
September 15, 2009

"The guiding principle of the Obama gun policy seems to be: whatever happens, don't rile up the gun guys."


The Supreme Court

ChicagoGunCase.com: Restoring the 2nd Amendment

Alan Gura et al.
The 2nd Amendment Foundation

Here is an informational web page on the 2nd Amendment Foundation's and other activities on the impending McDonald v. Chicago Second Amendment Rights case due for arguments before the Supreme Court this November.

Arguing against the Gun Ban

Fredricka Whitfield with Otis McDonald
October 3, 2009

CNN interviews Otis McDonald, the plaintiff in the above-mentioned case. McDonald is a 76-year-old resident of Chicago who desires a firearm for self-defense.

Justice Stevens and the NRA

Tony Mauro
BLT: The Blog of Legal Times
September 11, 2009

"During Wednesday's extraordinary Supreme Court oral argument in Citizens United v. Federal Election Commission, some of the more remarkable moments came when Justice John Paul Stevens repeatedly referred, with approval, to a brief filed in the case by the National Rifle Association."

Federal Cases

Appeals Court: Government Can Require Gun Registration

Declan McCullagh
CBS News
August 19, 2009

"A three-judge panel of the U.S. Seventh Circuit Court of Appeals said that, even after the Supreme Court's high-profile gun rights decision last year, the Second Amendment is no obstacle to mandatory gun registration."

State Cases

NRA Sues Seattle over Illegal Gun Ban

Press Release
The National Rifle Association's Institute for Legislative Action
October 30, 2009

"On October 28, NRA filed a complaint in the Superior Court of Washington State against the City of Seattle, asking the court to enjoin and declare invalid a recently enacted parks and recreation administrative policy that prohibits firearms in parks, community centers and other city-owned buildings. Other plaintiffs in the case include state correctional officers and private citizens."

SAF, NRA file Lawsuit to Overturn Seattle Parks Gun Ban

Dave Workman
The Examiner
October 28, 2009

Here is a comprehensive news story about the lawsuit mentioned directly above.

D.C. Appeals Court Upholds Mandatory Gun Licensing

Declan McCullagh
CBS News
September 10, 2009

"An appeals court in Washington, D.C. has upheld the city's extremely restrictive law requiring residents to obtain licenses to carry handguns outside of their homes."

Court Ruling Clarifies Self-defense Law

Bill Kaczork
The Associated Press
August 20, 2009

"Florida's 'stand-your-ground' law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat, an appellate court said Wednesday."

High Court Rules Guns Can be Stored in Car Consoles

Andy Kravetz
The Journal Star(IL)
May 5, 2009

"The state's high court held that transporting a weapon in a car's center console falls under the definition of case according to Illinois law."

People v. Diggins

Illinois Supreme Court Justice Anne M. Burke
Decision of the Supreme Court of the State of Illinois
October 8, 2009
PDF files require Adobe Acrobat Reader or similar software.

Here is the full text of the court's decision referenced above.

"Jury Awards Dad $50K for Teen's Suicide"

Walter Olson
Overlawered: Chronicling the High cost of Our Legal System
March 27, 2009

Interesting discussion here about a case in which a troubled teen used one of his stepfather's guns to commit suicide. His biological father sued the stepfather for negligence and won.

N.J. Court Says Americans Have No Right To Buy Handguns

Declan McCullagh
CBS News
October 28, 2009

"In a case decided last week, the superior court upheld a state law saying that nobody may possess 'any handgun' without obtaining law enforcement approval and permission in advance." The decision does say that an applicant for a handgun license has the due process right to demand justification for why he was denied.

NC Supreme Court Restores Felon's Gun Rights

The Associated Press
August 28,2009

"The state's high court ruled Friday in the case of Barney Britt of Wake County that the General Assembly went too far five years ago when it toughened restrictions on felons owning guns as part of a broad anti-domestic-violence bill."


Knife Rights: A Sharper Future

Informational Web Page

This web site of the Knife Rights Federation explains their objectives and provides updates upon the effort to preserve rights to arms that are not projectile weapons.

Modern Sporting Rifle

Informational Web Page
The National Shooting Sports Foundation

"The National Shooting Sports Foundation has launched a national media campaign designed to correct widespread misperceptions among gun owners and non-gun owners alike about AR-15-style rifles, also known as Modern Sporting Rifles. It is essential to correct misunderstandings about the use and operation of these rifles because those who support legislation that would wrongly ban ownership of these and other types of semi-automatic firearms are aided by the confusion that exists."

Supply Restrictions at the Margins of Heller and the Abortion Analogue: Stenberg Principles, Assault Weapons, and the Attitudinalist Critique

Nicholas James Johnson
Hastings Law Journal, Vol. 60, No. 6
June 2009

"This Article will show how assault weapons might be protected under Heller as a threshold matter, how Stenberg's guarantee of better methodologies to protect life or health applies just as easily to the assault weapons question, and how the response of Court liberals to an assault weapons case will be an important test of the attitudinalist critique." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.

UC Davis Report Exposes Loopholes in Gun-Control Laws

Press Release
The University of California at Davis Health System
September 2, 2009

"Gun shows and the lack of uniform gun-control laws provide easy access to guns that can be used for criminal purposes, according to a new report released today from the UC Davis Violence Prevention Research Program." This page contains a link to the full text of the article.

New Gun show 'study' re-warms emotion to push anti-gun agenda

Dave Workman
The Examiner
September 4, 2009

"A new study from perennial anti-gunner Garen Wintemute, MD titled 'Inside Gun Shows: What Goes on When Everybody Thinks Nobody's Looking,' may have a short shelf-life after Wintemute acknowledged to a reporter for a Fox News affiliate in Sacramento that the data isn't there to support what amounts to personal opinion and insinuation." The study described is the UC Davis one referenced directly above.

Small Arms Manufacturing Industry in the U.S. and Its International Trade

Research and Markets
September 1, 2009

"This industry report contains 160 pages of in-depth market research with over 150 charts and tables."

Toward Cheaper Imaging Systems for Identifying Concealed Weaponson the Human Body

Daniel Kane
The University of California at San Diego
June 10, 2009

"Electrical engineers from the University of California, San Diego invented radio frequency integrated circuits that could lead to significantly less expensive imaging systems for identifying concealed weapons, for helping helicopters to land during dust storms, and for high frequency data communications."

Mass Shootings in Schools: The Worst Possible Case for Gun Control

Gary Kleck
American Behavioral Scientist
June 1, 2009

"The most frequent policy lesson drawn following the Columbine school shootings was the need for more gun controls. Review of the details of both Columbine and other contemporary school shootings indicates, however, that the specific gun control measures proposed in their aftermath were largely irrelevant and almost certainly could not have prevented the incidents or reduced their death tolls." The full text of the article may downloaded from this abstract page.

'This Right is Not Allowed by Governments that are Afraid of the People': The Public Meaning of the Second Amendment When the Fourteenth Amendment was Ratified

Clayton E. Cramer, Nicholas James Johnson, and George A. Mocsary
Working Paper Series
October 19, 2009

"If the Fourteenth Amendment is found to incorporate the Second Amendment against the states, what meaning of the Second Amendment does it include? This paper examines judicial and popular understandings of the Second Amendment in the period between ratification of the Bill of Rights and the Fourteenth Amendment." The text of the article may be downloaded from one of the sites linked to the Social Science Research Network's site.

The U.N.'s Arms Trade Treaty: A Dangerous Multilateral Mistake in the Making

Ted R. Bromund and Steven Groves
The Heritage Foundation
August 21, 2009

Here is an excellent backgrounder on the U.N's ongoing efforts at an international treaty regulating possession and transfer of small arms.

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this eremic, yet gregarious individual, see here: http://robricebooks.com . Dr. Rice has provided audio samples of his prose and poetry. He sounds exactly as you've always thought he would.

Al Qaeda delenda est!

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