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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.
Dave
Kopel’s Second Amendment Newsletter. March 21, 2003.
1. New by Kopel: Amicus brief in case of student censored for wearing NRA shooting sports t-shirt. Analysis of Treasury v. Chicago Supreme Court case. Backgrounder on Colorado’s new preemption law.
2. Law: Irrational college bans on concealed carry.
3. International: Canadian registry fiasco.
4. Terrorism: Citizen safety tips.
5. States: DC lawsuit against city’s handgun ban.
6. Research: Philosophy prof explains the right to own a gun.
7. History and Culture: Why Condaleeza Rice supports the Second Amendment
and much more.
============================= 1. New by Kopel Amicus brief in Newsom v. Albermarle Middle school threatens to punish a student for wearing an NRA shooting sports camp t-shirt. Motion for a preliminary injunction was denied by federal district court and is currently on appeal to the Fourth Circuit Court of Appeals. Independence Institute amicus brief argues that shooting sports are wholesome and promote good character, and that speech promoting shooting sports cannot rationally be censored in a public school. http://www.davekopel.com/2A/Briefs/Newsum-v-Albermarle-amicus-brief.htm
Treasury v. Chicago The City of Chicago won a case before the 7th Circuit Court of Appeals arguing that the Freedom of Information Act gave Chicago the right to the full BATFE databases of multiple handgun purchasers and of firearms traces. The Treasury Department appealed to the U.S. Supreme Court. The case and its legal arguments are outlined in: "When Must the Government Disclose Gun Owners' Names and Addresses?" http://www.davekopel.com/2A/Mags/Treasury-versus-Chicago.pdf
In February, Congress passed an appropriation bill explicitly forbidding BATFE from spending money on disclosures such as those which Chicago would compel. The Supreme Court returned the case to the 7th Circuit to determine the appropriations rider’s effect on the case.
On March 18, Colorado Governor Bill Owens signed SB 24, creating a uniform statewide Shall Issue CCW system. He also signed SB 25, which preempts some abusive anti-rights local laws. SB 24 prohibits police lists of law-abiding gun owners, forbids local gun bans of arms allowed by federal and state law, forbids local laws against carrying guns in cars for protection or for hunting, and requires localities to post signs in areas where open carry is forbidden. An Independence Institute issue backgrounder details the provisions. Limited Preemption of Firearms Laws: A Good Step for Civil Rights. http://www.davekopel.com/2A/IB/Limited-Preemption.htm
In 2000, the Colorado legislature passed and the Governor signed the toughest law in the country against frivolous anti-gun lawsuits. Except in requiring background checks on private sales at gun shows, efforts to exploit the Columbine murders to infringe the rights of law-abiding gun owners have failed. Twelve of the 27 Democrats in the Colorado House voted for SB 24, as did all Republicans.
Coming soon on National Review Online: How the administration continues to obstruct the armed pilots program, and why the program needs to be expanded to cover cargo planes.
Coming soon (really) from the National Center for Policy Analysis: Monograph with Sterling Burnett on the problems with laws mandating ballistic imaging for non-crime guns.
In progress: Major article on the numerous falsehoods in Michael Moore’s movie “Bowling for Columbine”
============================= 2. Law
Why A Recent Supreme Court Copyright Ruling May Have Important Implications for Second Amendment Gun Rights As Well By Michael C. Dorft Find Law February 5, 2003 http://writ.news.findlaw.com/dorf/20030205.html
Guns on
Campus: Brian Schwartz Colorado Freedom Report http://www.co-freedom.com/2003/02/cuccw.html Note: Colorado’s new SB 24 abolishes all criminal safe zones where concealed carry is not allowed, except K-12 public schools, government buildings with full-time metal detectors, and private property.
Justice for Gun Victims http://www.justiceforgunvictims.org New organization promotes anti-gun lawsuits.
============================= 3. International
Guns and Economics By Pierre Lemieux Tech Central Station 2/11/03 http://techcentralstation.com/1051/techwrapper.jsp?PID=1051-250&CID=1051-021103C An analysis of the soaring costs of Canada's registry of legal guns and gun owners.
Majority (53%) of Canadians Say Gun Registry Should be Scrapped Ipsos-Reid Poll December 13, 2002 http://www.ipsos-reid.com/media/dsp_displaypr_cdn.cfm?id_to_view=1692
What Police Have Said About The Gun Registry By Garry Breitkreuz February 19, 2003 http://www.garrybreitkreuz.com/publications/policequotes.htm
Top Ten Reasons Why The Liberals' Gun Registry Cost Estimates Are Incomplete And Inaccurate By Garry Breitkreuz http://www.garrybreitkreuz.com/publications/firearmsfacts2.htm
Government's Newest Incomplete Forecasts Show Gun Registry Will Cost MoreThan $1.3 Billion Before It Is Fully Implemented By Garry Breitkreuz February 28, 2003 http://www.garrybreitkreuz.com/publications/governmentgunforcast.htm
Mercosur: Harmonizing Laws For The Prevention Of Illicit Firearms Transfers by Carolina Iootty de Paiva Dias Institute of Peace Conflict Studies (Project Ploughshares) www.desarme.org/publique/media/mercosur_legislation.pdf Argues for restrictive anti-gun laws in South America
============================= 4. Terrorism
How to be a liberty shield By Michelle Malkin http://www.townhall.com/columnists/michellemalkin/mm20030319.shtml Anti-terrorism tips, including: “If you are trained and licensed to carry a concealed weapon, don't leave home without it. Remember that it was armed private guards, along with a private citizen, who tackled and killed the last "lone wolf" terrorist on American soil, Hesham Hadayet, at Los Angeles International Airport last July 4th.”
Gun Laws A Minefield For Military By Gordon Dillow The Orange County Register February 9, 2003 http://www2.ocregister.com/ocrweb/ocr/article.do?id=24611 Members of the military in need of particular weapons find their efforts to procure them prevented by California's firearms legislation.
A Soldier's Viewpoint On Surviving Nuclear, Chemical And Biological Attacks By Red Thomas, SFC, Armor Master Gunner The Sight M1911-A1 http://www.sightm1911.com/lib/other/nbc.htm ============================= 5. States
Residents Challenge District's Gun Ban By Jon Ward The Washington Times February 12, 2003 http://www.washingtontimes.com/metro/20030212-71671916.htm A group of Washington D.C. citizens are seeking in court to restore their rights to keep and bear arms.
Cato Legal Scholars File Second Amendment Challenge To Washington, D.C. Gun Ban Press Release The Cato Institute February 10, 2003 http://www.cato.org/new/02-03/02-10-03r.html
District Balks As Taxi Panel Ponders Guns For Cabbies By David Nakamura Washington Post February 5, 2003 http://www.washingtonpost.com/ac2/wp-dyn/A26812-2003Feb4?language=printer The Washington D.C. city government dislikes the idea of cab drivers possessing the means of self-defense.
Illinois very restrictive legislation is moving quickly through the Legislature. Details on the Illinois State Rifle Association website (www.isra.org): http://www.isra.org/march_17.pdf
Bleeding Maryland: Chief Moose Boosts Gun Law Efforts The Star Democrat Online February 07, 2003 http://www.zwire.com/site/news.cfm?newsid=6975412&BRD=2101&PAG=461&dept_id=392169&rfi=6 The police chief who failed to capture the Washington, D.C. area snipers has become a pitchman for firearms legislation.
============================= 6. Research and Scholarship
Is There a Right to Own a Gun? By Professor Michael Huemer University of Colorado Department of Philosophy http://home.sprynet.com/~owl1/guncontrol.pdf
Armed Citizen Articles Archive of NRA magazine "Armed Citizen" entries from the present back to 1958. Database is searchable by key word and state. http://www.nraila.org/ArmedCitizen.asp
New Database Allows Performance Reviews of Federal Prosecutors Transactional Records Access Clearinghouse
========================= 7. History and Culture
Feb. 27 was the feast day of Saint Gabriel Possenti, the Patron Saint of Handgunners. http://www.possentisociety.com/
The Rice Update By Aubrey Turner Aubreyturner.org February 25, 2003 http://www.aubreyturner.org/archives/000236.html#000236 Condoleeza Rice's family employed firearms in self-defense against racist attacks.
Amy Fisher to Keep Kids Safe from Guns Feb. 26, 2003 1010 WINS radio, New York http://1010wins.com/siteSearch/local_story_057152210.html "Amy Fisher, the pistol-packin' Long Islander who set off a frenzy of tabloid headlines a decade ago when she shot her lover's wife, celebrated the end of her parole on Wednesday by announcing her intention to work for causes aimed at keeping handguns away from minors.”
Disputed History Book to Be Reissued By Hillel Italie Washington Post February 19, 2003 http://www.washingtonpost.com/wp-dyn/articles/A30921-2003Feb19.html
Michael Bellesisles, the discredited author of 'Arming America,' which has been pulled by his original publisher, has found a new publisher at: http://www.softskull.com/press/armingamerica_pr.pdf
Al Qaeda delenda est!
Electronic layout of this newsletter was by Dr. Rob S. Rice, no relation to Condoleeza. Dr. Rice is historian, writer and factotum of matters electronic to David Kopel.
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