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Second Amendment Newsletter, March 6, 2009

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

The Independence Institute publishes several newsletters on other topics, plus a weekly newsletter containing our most recent op-eds and news of our activities. E-mail subscription to any of these newsletters is free.


Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington.
http://www.saf.org


Please visit Dave Kopel's website, containing articles on the Second Amendment and other freedom topics.
http://www.davekopel.org


Table of Contents

  1. New by Kopel: Gillibrand; Secretary Clinton and the RKBA; Translation of Mexico's Gun Laws; Ongoing Podcast Series: Holder and the 'AW' Ban, Education Secretary Arne Duncan, Chicago Gun Ban Suit; Dave on the Tara Servatius Show and twice with Peter Boyles
  2. International: Canadian Report on B.C. Firearms Crime; Jamaican Gun Debate; U.S. Ban to Help Mexico; Armed Nigerians; Requirements for Armed Filipinos, Barangay Elders; Pending Swiss Vote; Taiwanese Knife Maker; Gun Laws in Ukraine
  3. Pro-Rights People: Halbrook with Lou Dobbs and on the Kristallnacht; Concealed Carry on Campus Demonstration Demonstrations
  4. Anti-Rights People: Kiefer Sutherland slams the Arms business; VPC Wants Youth Gun Data
  5. The Examiners: Seattle Ban; Import Ban; Brady Hallucination; Save the Druglords; Unfair Fight; Broad Opposition; Paul Harvey; Disobedient Free People; Georgia Open Carry; Wild West?
  6. States: Arkansas Guns in Church; Colorado Drill Rifles; Illinois Concealed Carry; Montana on Intrastate Guns; NJ NO Gun Rationing; N.D. CCW on Some Parts of Campus; Tennessee CCW Database
  7. Federal: Gun Rights in D.C.; Reid and Pelosi Oppose Obama's Desire for new AWB; Gillibrand Turns Coat
  8. Courts: Heller does not apply to Domestic Violence Offenders; 2nd Circuit denies Heller on State and Local Cases; Utah Pawn Shop Suit Allowed

New by Kopel

Magazine Articles and Short Essays

Stick to Your Guns, Senator

Dave Kopel
National Review Online
February 24, 2009
http://tinyurl.com/c4v2nk

Giving in to the anti-gun lobby will not help Kirsten Gillibrand stay in office.

Federal Law Of Firearms And Explosives (Mexico)

Translation by David B. Kopel & Ruben Medardo Tapia
David Kopel en Español
March, 2009
http://davekopel.org/Espanol/mexican-firearms-statutes.htm

This unofficial translation is based on the 2004 Mexican government regulations, and in a legal context should not replace the actual Spanish legal text.

The Whole World is Watching

Dave Kopel
America's First Freedom
March, 2009
http://davekopel.org/2A/Mags/Hillary-Clinton-SOS.pdf
PDF files require Adobe Acrobat Reader or similar software.

Here is an analysis of Secretary of State Hillary Clinton's potential effect on Second Amendment rights.


New Podcast and Radio Programs

Check out iVoices.org, every Friday afternoon, for Dave's weekly Second Amendment podcast.

Attorney General Eric Holder calls for a U.S. Ban to Help Mexico

Dave Kopel
Dave Kopel's Second Amendment Podcast
February 27, 2009
http://audio.ivoices.org/mp3/iipodcast264.mp3

Attorney General Holder calls for the renewal and expansion of the Clinton-era ban on so-called "assault weapons" in order to help the Mexican government fight armed drug lords.

Education Secretary Arne Duncan

Dave Kopel
Dave Kopel's Second Amendment Podcast
February 20, 2009
http://audio.ivoices.org/mp3/iipodcast259.mp3

Duncan's record as Superintendent of Chicago public schools indicates what he might do as Secretary of Education to promote restrictions of Second Amendment rights.

Independence Institute Amicus Brief in the Chicago Handgun Ban Case

Dave Kopel
Dave Kopel's Second Amendment Podcast
February 13, 2009
http://audio.ivoices.org/mp3/iipodcast258.mp3

An explanation of how crime in Chicago soared after the handgun ban was enacted.

The Lawsuits Against the Chicago Handgun Ban

Dave Kopel
Dave Kopel's Second Amendment Podcast
February 6, 2009
http://audio.ivoices.org/mp3/iipodcast254.mp3

Dave explains to Independence Institute President Jon Caldara the issue of whether the Second Amendment is incorporated against state and local governments.

Rep. Bobby Rush's Gun Licensing and Registration Bill

Dave Kopel and Bill White
The Tara Servatius Show
February 16, 2009
http://tinyurl.com/d2av7d

Dave discusses former Black Panther Rep. Bobby Rush's gun licensing and registration bill with guest host Bill White. Tara Sevatius's show airs on WBT-AM, Charlotte, North Carolina.

The Case of Marie Morrow

Dave Kopel and Peter Boyles
Peter Boyles Show
February 10, 2009
http://tinyurl.com/bl48dj

Dave and Denver host Peter Boyles go over the case of Marie Morrow, the Douglas County high school student suspended for six days for having some drill rifle props in her parked automobile. They also discuss a Wisconsin teacher being persecuted for having a Facebook picture in which she is holding a firearm.

H.R. 45: Bobby Rush's Gun Licensing and Registration Bill

Dave Kopel and Peter Boyles
Peter Boyles Show
February 3, 2009
http://tinyurl.com/bv9gnq

Dave and Peter Boyles treat convicted felon Rep. Bobby Rush's gun licensing and registration bill. This MP3 begins some distance into their conversation.


International

Canada

The Illegal Movement of Firearms in British Columbia

Tony Heemskirk and Eric Davies
The Ministry of Public Safety and Solicitor General of the Canadian Government
November, 2008
http://www.pssg.gov.bc.ca/publications/docs/illegalfirearmsreport.pdf
PDF files require Adobe Acrobat Reader or similar software.

"The report provides an overview of the current situation regarding the illegal movement and indiscriminate use of firearms in the province. It examines the firearms industry in the province, the regulatory framework for firearms control, the agencies involved in enforcement and regulation, the actions of these agencies and the issues associated with the control of firearms. The report sets out a series of recommended actions to provide the basis for a provincial strategy to address the illegal movement and use of firearms."


Jamaica

Gun groups, Citizens Rights and the Bull in the Firearms Authority

Franklin Johnston
Jamaica Observer
February 13, 2009
http://tinyurl.com/c6je3c

This columnist pleads for an honest, unhampered debate of firearms law in the face of government and academic efforts to stifle it.


Mexico

US Lawmakers in Mexico: Obama Must Enforce Assault Weapon Import Ban

E. Eduardo Castillo
Associated Press
February 18, 2009
http://www.modbee.com/24hour/world/v-print/story/604083.html

"More than 50 U.S. lawmakers sent a letter to President Barack Obama urging him to enforce a ban on importing assault weapons, saying many such guns are later smuggled south to arm Mexico's ruthless drug cartels."


Nigeria

Religious Crisis - CAN Wants Nigerians to Carry Arms

Ofunu Idoko
allAfrica.com
February 24, 2009
http://allafrica.com/stories/200902240149.html

"Christian Association of Nigeria (CAN) yesterday disclosed that it was considering sending a bill that would allow every adult to carry arms as a way of checking unwarranted attacks to the National Assembly."


Philippines

Brgy Captains to Bear Arms

Judy F. Partlow
The Visayan Daily Star (Philippines)
January 23, 2009
http://www.visayandailystar.com/2009/January/23/negor2.htm

"At least 15 barangay captains of Valencia, Negros Oriental attended a gun safety training and seminar Wednesday, which is a requirement for them to be allowed to bear arms." The barangay captains are local village elders, concerned about crime in their communities.

'Gun Lessons Should be Requisite for Gun Ownership'

abs-cbnNEWS.com
February 14, 2009
http://www.abs-cbnnews.com/nation/02/14/09/gun-lessons-should-be-requisite-gun-ownership

"To ensure the safe use, maintenance, and storage of guns, a partylist representative has filed a measure to regulate gun ownership."


Switzerland

Swiss to Vote on Tighter Gun Controls

Elaine Engeler
Associated Press
February 23, 2009
http://tinyurl.com/deb82z

"...campaigners said Monday they have collected around 120,000 signatures to force a nationwide referendum on whether to confine army weapons to military compounds. They say the proliferation of firearms has led to suicides and homicides throughout the nation, and they want tighter firearms controls."


Taiwan

The Edge of Perfect Symmetry

Jim Hwang
Taiwan Review
March 1, 2009
http://tinyurl.com/d9zoyy

"Chin is the only Chinese knife maker who has been certified by the American Bladesmith Society (ABS) as a Journeyman Smith. The ABS was founded by three knife makers in 1976 to preserve and promote the art of bladesmithing, specifically forged blades."


Ukraine

Interior Minister Yuriy Lutsenko: Gun Licenses not to Increase Crime Rate

Interfax-Ukraine
Kyiv Post

http://www.kyivpost.com/nation/35623

"Stricter controls on licenses for guns that fire plastic bullets will not result in a cut in the crime rate, according to Interior Minister Yuriy Lutsenko."


Pro-Rights People

2nd Amendment Rights

Lou Dobbs Tonight
CNN
February 23, 2009
http://www.youtube.com/watch?v=cGIOq_lCC6s

Here is a video of Lou Dobbs interviewing 2nd Amendment expert and advocate Stephen Halbrook.

"Arms in the Hands of Jews Are a Danger to Public Safety": Firearm Registration and the Night of the Broken Glass

Stephen P. Halbrook
Selected Works of Stephen P Halbrook
2008
http://tinyurl.com/cwfkpq

"The title to this article is a quotation from an arrest report of a Jewish gun owner just weeks before the Nazis launched the pogrom known as the Night of the Broken Glass in 1938. His name was Alfred Flatow, and he was an Olympic champion who had registered firearms before the Nazis came to power. Once in control, the Hitler regime used the registration records to disarm their enemies so they could not resist."

Students Aim for Gun Rights on Campus: Group Advocates for Concealed Weapons to Protect Against College Shootings

Brigid Schulte
The Washington Post
February 15, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401668.html

Students for Concealed Carry at James Madison University staged a realistic pair of simulated campus shooting incidents, in which selected students in a classroom were armed, and disarmed.


Anti-Rights People

Kiefer Sutherland Narrates TV Documentary about International Gun Trade

The Canadian Press
February 26, 2009
http://www.google.com/hostednews/canadianpress/article/ALeqM5g8zzUyBDf5QqEut4L1ZcdK6F5gfw

"The documentary shows Saywell and her crew confronting small arms marketers at a glitzy trade show, where guns are sold like cars or refrigerators in one of the least regulated trades in the world. Ninety five exhibitors from 45 countries are shown at one European trade show. The film suggests that the illicit small arms trade generates an estimated $4 billion a year."

New Study Shows Need for Improved Data on Youth Gang Violence and Guns in California

Press Release
The Violence Policy Center
February 26, 2009
http://www.vpc.org/press/0902cagang.htm

"'The issue of youth gang violence and firearms is defined far more by what is not known, than what is known,' according to a new 57-page study released today by the Violence Policy Center (VPC). The study, Youth Gang Violence and Guns: Data Collection in California, comprehensively reviews California databases containing gang and/or gun information."


The Examiners

Many American cities now have an on-line newspaper called The Examiner. The Examiner hires local writers (who earn revenue on a per-click formula) who are experts in particular topics. Here are some Examiners (as the writers are called) who focus on gun rights, along with a link to a recent article.

Why Greg Nickels' Proposed Gun Ban Would Never Work

Dave Workman
Seattle Gun Rights Examiner
January 12, 2009
http://tinyurl.com/d7yg2r

The Mayor of Seattle's declaration of his intention to ban all firearms on city property is impractical, as well as unconstitutional.

The Import Ban Cometh

Kurt Hofmann
St. Louis Gun Rights Examiner
February 28, 2009
http://tinyurl.com/ad8mxd

Here is Hofmann's analysis of the Representatives' letter about the Mexican drug wars mentioned above.

Another Brady Hallucination: More guns, more 'gun violence' (Part 1)

Howard Nemerov
Austin Gun Rights Examiner
February 15, 2009
http://tinyurl.com/c8maz6

"With 'more people carrying guns,' right-to-carry states have become safer relative to states with restrictive laws." The link to part 2 is on this page.

Save a Mexican Drug Lord: Surrender Your Guns

Paul Valone
Charlotte Gun Rights Examiner
February 27, 2009
http://tinyurl.com/aawj5g

"To all the gun-owning voters who sent me irate e-mails during the election saying that I was lying and that Obama wasn't really going to take their guns — I told you so..."

Who Says It Has to be a Fair Fight?

Dan Bidstrup
Denver Gun Rights Examiner
February 23, 2009
http://tinyurl.com/bous23

"Darn right it is unfair for me to have a gun and him to have a knife or a club. Gun beats knife 9 times out of 10. If his choice is to continue the attack, he might well die. Because I am the good guy, he does not automatically die."

America's Awakening on Guns Continues

David Codrea
National Gun Rights Examiner
March 1, 2009
http://tinyurl.com/atss3x

Codrea rejoices to see "broad based opposition" to current efforts toward further restrictions upon the 2nd Amendment.

Why They Take Guns from the People at All. With thanks to Paul Harvey, Patriot.

John Longenecker
Los Angeles Gun Rights Examiner
March 1, 2009
http://tinyurl.com/djbnfh

"In his loyal warnings and remarks, Harvey described several case histories of nations who were disarmed before terror reigned. In case after case, nation after nation, as in the case of Nazi Germany and in Cambodia and elsewhere, millions of 'educated' people, unable to defend themselves, were rounded up and exterminated."

We Don't Do What We're Told

Daniel White
Cleveland Gun Rights Examiner
February 26, 2009
http://tinyurl.com/c4ez2a

"We're told that we'll likely never be the victim of a criminal attack. That we're to rely on the odds to protect us. If we lose the victimization lottery, we're allowed only to try to chase off our attacker with rape whistles, pepper spray, car keys, or cell phones."

Georgia Legislator Introduces Bill to Repeal Permit Requirement to Open Carry Handguns!

Mike Stollenwerk
District of Columbia Gun Rights Examiner
March 2, 2009
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner

"Already attracting 5 co-sponsors in the Georgia legislature, HB 615 does a number of things to comprehensively reform Georgia's onerous gun carry laws, but the centerpiece of the bill is Section 3 which repeals the requirement to have a permit to carry an unconcealed handgun."

Dispelling the myth of 'The Wild West'

John Pierce
Minneapolis Gun Rights Examiner
February 17, 2009
http://tinyurl.com/aef32w

"With all this talk of 'The Wild West', I thought it might be informative to look at the reality of crime in the 'wild west' cattle towns and compare them to the peaceful streets of such eastern, gun-control paradises as DC, New York, Baltimore and Newark."


States

Arkansas

Packing in Church Revisited

John Brummett
February 24, 2009
http://arkansasnews.com/2009/02/24/packing-in-church-revisited/

"I agree with my critics on one thing. They say guns don't mix with churches. I say that goes for laws."


Colorado

Critics Aim to Revise Guns-at-School Laws

Carlos Illescas
The Denver Post
February 15, 2009
http://www.denverpost.com/headlines/ci_11706871

"Even bringing a fake gun to school requires mandatory expulsion under state law if the firearm facsimile could reasonably be mistaken for an actual firearm."


Illinois

Showdown Looms on Gun Control

Kevin McDermott
The Washington Post
March 2, 2009
http://tinyurl.com/bumslz

"Springfield is headed toward a political showdown over guns, with both sides loading up like they haven't in years."


Montana

Montana Loading Another Shot for State's Rights with Proposal to Eliminate Background Checks

Kahrin Deines
Associated Press

http://www.missoulian.com/articles/2009/02/22/bnews/br52.txt

"Under a proposed law before the Legislature, firearms, weapons components and ammunition made in Montana and kept in Montana would be exempt from federal regulation, potentially releasing some Montanans from national gun registration and licensing laws. The legislation could also free gun purchasers in the state from background checks."


New Jersey

N.J. Senate Defeats Handgun-Control Bill

Jonathan Tamari
The Philadelphia Inquirer
February 24, 2009
http://tinyurl.com/aqomd3

"A bill that would limit gun buyers to one handgun purchase every 30 days fell one vote short of final legislative approval yesterday when it could not muster enough support in the state Senate."


North Dakota

N.D. House Narrowly Passes Campus Gun Bill

Janell Cole
The Grand Forks (ND) Herald
February 19, 2009
http://tinyurl.com/ckggx2

"The House barely passed a watered-down version of the bill to allow people with concealed weapons permits or who have taken a hunter safety court to have guns on North Dakota college campuses. The vote Wednesday was 48-46."


Tennessee

Gun Database Ignites Debate in Tennessee

Associated Press
March 1, 2009
http://www.nytimes.com/2009/03/02/us/02appeal.html

"A Memphis newspaper has posted a searchable database of Tennesseans with permits to carry concealed handguns, upsetting firearm owners and igniting a debate on whether such information should be publicly available."


Federal

Reid joins Pelosi in Opposing Weapons Ban Revival

J. Taylor Rushing
The Hill
February 26, 2009
http://thehill.com/leading-the-news/reid-joins-pelosi-in-opposing-weapons-ban-revival-2009-02-26.html

"Senate Majority Leader Harry Reid (D-Nev.) will join House Speaker Nancy Pelosi (D-Calif.) in opposing any effort to revive the 1994 assault-weapons ban, putting them on the opposite side of the Obama administration. Reid spokesman Jim Manley said the Nevada Democrat will preserve his traditional pro-gun rights voting record."

NRA Forces Pelosi Retreat

Mike Soraghan
The Hill
March 3, 2009
http://thehill.com/leading-the-news/nra-forces-pelosi-retreat-2009-03-03.html

A perceived threat by the NRA to mark a vote for the House version of the D.C. Voting Rights act as an anti-gun vote drove Blue Dog House Democrats to withdraw their support for the bill intended to grant the District of Columbia a voting Representative in the House.

Obama to Seek New Assault Weapons Ban

Jason Ryan
ABC News
February 26, 2009
http://www.knx1070.com/Obama-to-Seek-New-Assault-Weapons-Ban/3926294

"'As President Obama indicated during the campaign, there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons,' Holder told reporters." The Obama Campaign's reference to reinstating the Clinton-era ban disappeared from the campaign's website in the final months before the election only to reappear soon afterwards.

Democrats Divided Over Gun Amendment in D.C. House Voting Rights Bill

Kathleen Hunter
CQ Politics
March 3, 2009
http://www.cqpolitics.com/mobile/wmspage.cfm?docID=news-000003062401

"Twenty-two Democrats — most of them from Western or conservative-leaning states — voted Thursday in favor of an amendment by Nevada Republican John Ensign that would codify a 2008 Supreme Court ruling that struck down a District of Columbia gun ownership ban and declared for the first time that the Second Amendment includes an individual right to bear arms. The amendment, which Ensign offered to legislation (S 160) that would grant D.C. residents full voting rights in the House, was adopted 62-36."

Gillibrand Backs Gun Control Bill

Jennifer A. Dlouhy
Hearst Newspapers
February 27, 2009
http://tinyurl.com/brcm8z

"In her first vote on the issue since being appointed to the Senate, Kirsten Gillibrand, D-N.Y., on Thursday voted to reject a measure that would expand gun rights."


Courts

Supreme Court's First Post-Heller Gun Case Decided, in Favor of Gun Possession Prohibitions

Brian Doherty
Reason.com
February 25, 2009
http://reason.com/blog/show/131885.html

"Yesterday in the case of United States v. Hayes, the Supreme Court did indeed uphold a wide reading of a federal regulation that prohibits anyone convicted of a domestic violence charge from owning a gun. And that decision will ensure that more people remain legally prohibited from owning guns, with the Second Amendment not applicable."

Supreme Court's First Post-Heller Gun Case Decided, in Favor of Gun Possession Prohibitions

Brian Doherty
Reason.com
February 10, 2009
http://reason.com/blog/show/131610.html

The federal Second Circuit Court of Appeals has ruled for a second time in Maloney v. Cuomo that the Heller decision does not apply to local and state regulations.

Court Gives Green Light To Lawsuit Against Gun Shop That Armed Trolley Square Shooter

News Release
The Brady Campaign
February 23, 2009
http://www.bradycampaign.org/media/release.php?release=1111

"Utah Third Judicial District Court Judge Glenn Iwasaki has ruled that a lawsuit against pawn shop Sportsman's Fastcash may proceed to trial. The suit charges that the pawn shop illegally sold a pistol grip shotgun to Trolley Square shooter Sulejman Talovic."


This newsletter is compiled with help from Dr. Rob S. Rice. For more on this vivified, yet discrepant individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice continues to busy himself with his non-fiction, for examples of which see here: http://tinyurl.com/dhx7vx

Al Qaeda delenda est!


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