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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. November 23, 2005.
Dave Kopel's Second Amendment Project is based at the Independence Institute, a free-market think tank in Golden, Colorado. http://www.independenceinstitute.org
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Delivery of this newsletter comes courtesy of the Second Amendment Foundation, in Bellevue, Washington
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Please visit Dave Kopel's website, containing articles on the Second Amendment and other freedom topics.
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To subscribe to this free e-mail newsletter, please send a request to kopelnewsletter@liberty.seanet.com
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Table of Contents for this issue
1. New by Kopel: Religion and Revolution; Catholicism and the 2nd Amendment; Debate 2. Blogging by Kopel: Kipling; Kristallnacht; Kuwait; Luther; Alito 3. Culture and Miscellany: New 'Bond' Hoplophobe; No Facts Necessary 4. International: Australia; Canada; Ireland; Japan; Iraq; UK; UN 5. States: California; Florida; Illinois; Nevada; New Jersey; Utah; Louisiana; Wisconsin 6. Law: BATFE Testing Procedures; Denver Gun Ordinances; Alito and the Brady Campaign; Brady Lawsuit; Defaced Gun Law; Challenge to Frisco GunBan 7. Reference/Research: Inter-state Carry; Gun News Daily 8. We Gather Together: Thanksgiving Hymn
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1. New by Kopel
The Religious Roots of the American Revolution and the Right to Keep and Bear Arms Dave Kopel 17 Journal on Firearms and Public Policy 167 2005 http://www.davidkopel.org/Religion/Religious-Roots-of-the-American-Revolution.pdf (PDF format requires Adobe Acrobat Reader) The religious attitudes which impelled the Americans to armed rebellion are an essential component of the American ideology to keep and bear arms.
The Catholic Second Amendment Dave Kopel Hamline Law Review 2006, forthcoming http://www.davidkopel.org/Religion/Catholic-Second-Amendment.pdf (PDF format requires Adobe Acrobat Reader) At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The "Little Renaissance" that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
Great Debate on Tort Protection for Gun Manufacturers: Dave Kopel, Gene Volokh, and Joshua Horwitz Legal Talk Network October 27, 2005 http://www.legaltalknetwork.com/modules.phpname= News&file=article&sid=49&mode=nested&order=0&thold=0 The Legal Talk Network hosted a debate on the Protection of Lawful Commerce in Firearms Act. Participants were Eugene Volokh, Josh Horowitz from the Educational Fund to Stop Gun Violence, and me. Josh and I spoke the next day, and agreed that the debate was informative and cordial--far superior to the angry exchange of talking points that sometimes characterizes debates on gun control. You can listen to the debate in WMF, or download it in MP3.
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2. Blogging by Kopel
Dave's other blog entries can be accessed online at Kopel's Corner: http://www.davidkopel.org/Corner/Latest.htm
Rudyard Kipling on Gun Control David Kopel The Volokh Conspiracy November 18, 2005 http://volokh.com/archives/archive_2005_11_13-2005_11_19.shtml#1132295465 "..."When the Cambrian measures were forming, they promised perpetual peace. They swore, if we gave them our weapons, that the wars of the tribes would cease..."
Possibly More Kuwaiti Gun Prohibition David Kopel The Volokh Conspiracy November 18, 2005 Gun News Daily links to an article from Arab Times reporting that Kuwait has raised the penalty for gun possession from a five year sentence to a ten year sentence.
Luther and the Christian Duty to Defend Innocents David Kopel The Volokh Conspiracy November 17, 2005 http://volokh.com/archives/archive_2005_11_13-2005_11_19.shtml#1132269855 Luther did not imagine, at least in earthly world before the end of time, some utopia free of violence. To the contrary, he recognized that violence (from wolves and from human predators) existed, and he insisted that good Christians had a duty to use force to defend their neighbors against such violence.
Kristallnacht and Arms Control David Kopel The Volokh Conspiracy November 9, 2005 http://volokh.com/archives/archive_2005_11_06-2005_11_12.shtml#1131557897 In Nazi Firearms Law and the Disarming of the German Jews (Arizona Journal of International & Comparative Law), Stephen Halbrook details how Kristallnacht was the culmination of years of Nazi success in disarming their opponents by using the "moderate" gun licensing and registration laws.
David Kopel The Volokh Conspiracy Other Federal Appellate Judges on Machine Guns: http://volokh.com/archives/archive_2005_10_30-2005_11_05.shtml#1130879166 Judge Alito's dissent persuasively argued that the Supreme Court's precedent in Lopez meant that Congress could not ban the simple possession of machine guns--at least not without an assertion of a basis of federal jurisdiction and Congressional findings about the ffects of machine guns on interstate commerce. While Judge Alito's dissenting opinion did not carry the day, the dissent was hardly an outlier among federal judges.
Second Amendment Tea Leaves for Corrigan, Sykes, Luttig and Alito: David Kopel The Volokh Conspiracy October 29, 2005 http://volokh.com/archives/archive_2005_10_23-2005_10_29.shtml#1130566924 Judge Alito is not the only circuit court justice to offer a view of the use of the Interstate Commerce Clause for firearms regulation.
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3. Culture and Miscellany
New Bond: I hate guns The Evening Standard (UK) October 25, 2005 http://www.thisislondon.com/showbiz/articles/20728233?source=PA&ct=5 Daniel Craig will have a problem playing the new James Bond --because he hates guns.
Gun grabbers don't like facts Jill "J.R." Labbe Pittsburgh Tribune-Review Thursday, October 27, 2005 http://www.pittsburghlive.com/x/search/s_388009.html "Just as blood did not run in U.S. streets after the expiration of the assault weapons ban, society won't crater now that lawsuits can't be filed against gun makers and distributors for the misuse of their products in a crime."
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4. International
Australia
Gun Laws Fall Short In War On Crime Robert Wainwright The Sydney Morning Herald October 29, 2005 Gun ownership is rising and there is no definitive evidence that a decade of restrictive firearms laws has done anything to reduce weapon-related crime, according to NSW's top criminal statistician.
Gun Owners to Have Storage Facilities Inspected ABC Western Queensland October 27, 2005 http://www.abc.net.au/news/items/200510/1492053.htm?westqld Western Queensland gun owners will face a police safety audit to ensure their weapons are being stored correctly.
Canada
Don't blame U.S. for gun crime, Canada told Campbell Clark The Globe and Mail (Canada) October 27, 2005 http://www.galleryofguns.com/shootingtimes/ Articles/DisplayArticles.asp?ID=7606 The claimed number of smuggled guns cited by in a lawsuit is unsubstantiated, the U.S. ambassador said while commenting on the case.
Iraq
Iraqi women take up arms Sharon Behn Washington Times October 24, 2005 http://washingtontimes.com/world/20051024-122030-5697r_page2.htm "While most Iraqi women live in fear of terrorists and criminals, one small band of women has taken up arms and is prepared to fight back."
Ireland
Nally’s future will hinge on Four Courts appeal hearing Christy Loftus Western People November 21, 2005 http://www.westernpeople.ie/news/story.asp?j=28044 November 14 Padraig Nally, a farmer in County Mayo, Ireland, received six years for fatally shooting one of the intruders who had repeatedly robbed his barn.
The Nally case has generated huge attention in Ireland, and is developing into an Irish version of the Tony Martin case. The Nally support group website is here:
Note: As in the Martin case, the shooting was, arguably, unjustifiable even under American standards. Nevertheless, the case is flashpoint for a national debate on ensuring that people have the legal right to use force against home invaders. Fine Gael, the main opposition party, has announced that it will support changing Irish law to better protect the right of home defense. In some rural areas, police presence in non-existent, and so burglars act with impunity.
Japan
Regulations on Airsoft Guns Insufficient Yukako Fukushi Daily Yomiuri (Japan) November 3, 2005 http://www.yomiuri.co.jp/dy/national/20051103TDY04004.htm This column calls for tighter regulations on low-powered plastic pellet-firing replica firearms.
United Kingdom
Tories push for greater force to defend homes The Daily Telegraph (UK) October 28, 2005 http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/10/28/urobber2.xml&sSheet=/ portal/2005/10/28/ixportaltop.html "The Conservatives have launched a bid to allow people to take tougher measures to defend their property against burglars."
U.N.
Looking Back: Multilateral Arms Transfer Restraint: The Limits Of Cooperation James A. Lewis Arms Control Association November, 2005 http://www.armscontrol.org/act/2005_11/NOV-LOOKINGBACK.asp This article acknowledges the futility and perverse effects of the international campaign against gun owners.
The Background of the Gun Control Fight at the United Nations The InfoZone http://www.theinfozone.net/salw1.html This is a useful source for data on the current push for international gun control.
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5. States
California
Gays Debate Prop. H Mark Folkman The Bay Area Reporter November 17, 2005 http://www.ebar.com/news/article.php?sec=news&article=323 "'This is not going to stop criminals from obtaining guns,' said Gwen Patton, media spokeswoman for the Pink Pistols, a LGBT shooting club and gun advocacy group with local chapters across the nation, including San Francisco."
Voters Say No to Firearms in San Francisco Bonnie Eslinger San Francisco Examiner November 8, 2005 http://www.sfexaminer.com/articles/2005/ 11/09/news/20051109_ne02_firearms.txt "True to their left-leaning reputation, San Francisco voters decided by a wide margin to ban the possession of handguns within city limits."
Florida
Bill Introduced Regarding Gun Confiscations during Emergency Press Release United Sportsmen of Florida October 25, 2005 http://armsandthelaw.com/archives/2005/10/fla_bill_introd.php In the wake of New Orleans, Florida Representative Mitch Needelman filed legislation to preserve citizens' 2nd Amendment rights during emergencies.
NRA shooting for more gun-friendly laws Jim Saunders Daytona Beach News-Journal November 3, 2005 http://www.freerepublic.com/focus/f-news/1515058/posts Florida lawmakers have filed an NRA-backed measure aimed at ensuring gun owners can keep firearms in their locked vehicles while they are at work.
Illinois
Inflammatory Language Won't Settle Illinois Gun Concerns Pantagraph Editorial Pantagraph.com November 10, 2005 http://www.pantagraph.com/stories/111005/opi_20051110001.shtml "Outlandish comments from a representative of the national Brady Campaign to Prevent Gun Violence won't help gun-control issues in Illinois."
House Blocks Attempt To Resurrect Gun Measure CBS2Chicago.com November 3, 2005 http://cbs2chicago.com/topstories/local_story_307190518.html "An effort to override Gov. Rod Blagojevich's veto of a law regarding transportation of guns fell just short of success. The vote was 67-44, but the override needed 71 votes to pass."
Louisiana
Lawmaker Pushes to Have Storm Victims' Guns Returned - Dan Turner The Shreveport Times November 17, 2005 http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20051117/NEWS01/511170315/1002 "Louisiana needs to apply pressure to get law enforcement agencies to return firearms confiscated from hurricane victims, says state Rep. Steve Scalise, R-Metairie."
Nevada
Officials Want to Keep Gun Exemption Steve Timko Reno Gazette Journal November 9, 2005 http://news.rgj.com/apps/pbcs.dll/article?AID= /20051109/NEWS07/511090359/1010/NEWS "More than 20,000 Nevadans with permits to carry concealed weapons will be able to continue to buy guns without submitting to background checks required by federal law under a plan outlined this week by a statewide law enforcement group."
New Jersey
In New Jersey and Virginia Common Sense Gun Policy Candidates Prevail Press Release November 8, 2005 U.S. Newswire (Brady Campaign) http://releases.usnewswire.com/GetRelease.asp?id=56404 "This is a sign of where America is going. The National Rifle Association got a 'wake up and smell the coffee' message tonight. Their agenda has been rejected by the voters in two major states. They need to pay attention to the shift in the political winds."
Utah
Bill to Allow Loaded Guns in Cars Is Back Joseph M. Dougherty Deseret Morning News November 10, 2005 http://deseretnews.com/dn/view/0,1249,635160065,00.html "Sen. Mark Madsen, R-Lehi, is sponsoring the bill, which essentially extends to a person's car the permission of having loaded guns in the home."
Wisconsin
Don't Limit Concealed Guns, Texas Lawmaker Says Here The Capital Times & Wisconsin State Journal http://www.madison.com/tct/news/ stories/index.php?ntid=60150&ntpid=0 November 2, 2005 "Wisconsin lawmakers should not declare most public places off-limits to individuals carrying concealed guns, a Texas lawmaker and gun advocate said today." The representative was Susan Gratia Hupp, whose parents were murdered in the Killeen massacre because of (now-repealed) restrictions on gun carrying in Texas.
Assembly Panel Votes To Pass Conceal Carry Bill: Gun Ban In Child Care Centers Rejected Patrick Marley Milwaukee Journal Sentinel (WI) November 9, 2005 http://www.jsonline.com/news/state/nov05/368965.asp "A Republican-controlled Assembly committee approved a bill Tuesday that would allow people to carry concealed weapons, after rejecting a Democratic amendment that would have barred guns in child care centers."
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6. Law
ATF Testing Procedures William J. Krouse BATFE via the Congressional Research Service October 19, 2005 http://www.jpfo.org/ATFguntests.pdf (PDF format requires Adobe Acrobat Reader) This document explains how the Bureau of Alcohol, Tobacco, Firearms and Explosives has no set testing procedures or printed standards for their evaluations of firearms under U.S. laws. The procedures are, then, essentially arbitrary.
BATFE Fails the Test http://www.jpfo.org/batfevideo.htm New video from JPFO shows the extreme unfairness and lawlessness of BATFE prosecutions of people for possessing “machine guns,” which are in fact ordinary guns which the BATFE has been able to force to malfunction.
Halbrook Reviews Right to Bear Arms Ari Armstrong Colorado Freedom Report November 15, 2005 http://www.freecolorado.com/2005/11/halbrook.html Next month, Stephen Halbrook will take on some of Denver's gun ordinances in a case before the state's Supreme Court. He discussed this and many other matters in a presentation at Denver University law school. Read the review and listen to an mp3 audio recording of an interview with Halbrook at: http://www.freecolorado.com/2005/11/halbrook.mp3
How Samuel Alito Took a No-Brainer Case and Stepped Way, Way Out of the Mainstream Press Release U.S. Newswire (Brady Campaign) November 1, 2005 http://releases.usnewswire.com/GetRelease.asp?id=55965 The Brady Campaign's celebrated take on Supreme Court Nominee Samuel Alito's view on Congress's use of the Interstate Commerce Clause of the Constitution for firearms regulation. See Dave's blog posts on the subject above.
Lawyers, Guns, and Money Confederate Yankee November 7, 2005 http://confederateyankee.mu.nu/archives/131566.php This blogger dissects the Brady Campaign's claim that a homeless man illegally purchased a shotgun later used by a felon to murder a sheriff's deputy.
Appeals court tosses defaced gun law Steve Patterson Chicago Sun-Times November 15, 2005 http://www.suntimes.com/output/news/cst-nws-gun15.html The Appellate Court of Illinois declared unconstitutional a law that treated possession of a firearm with its serial number defaced as proof that the possessor had committed the crime of defacing it.
Lawsuit Challenges Handgun Ban in City: Plaintiffs say Prop. H Steps beyond Local Government Authority, Treads on State Turf Bob Egelko and Cecilia M. Vega The San Francisco Chronicle November 10, 2005 http://sfgate.com/cgi-bin/article.cgi?file=/ "Gun owners and advocates wasted little time Wednesday in challenging San Francisco's newly enacted prohibition on handgun possession by filing a lawsuit in the same court that tossed out a local handgun ban 23 years ago and vowing to, if necessary, use shotguns to protect themselves."
The Second Amendment Foundation and the National Rifle Association have filed a joint suit lawsuit against the San Francisco ban. Their petition for a writ of mandate is at: http://www.saf.org/san.francisco.lawsuit/ petition_for_writ_of_mandate.pdf
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7. Reference/Research
Have Gun, Can't Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV Nelson Lund University of Missouri-Kansas City Law Review, Vol. 73, No. 4 2005 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=828592 (PDF format requires Adobe Acrobat Reader) The article describes how legal carriers a firearm in one state have been prosecuted for crossing a state line in possession of their firearm.
Gun News Daily Com "A Daily Internet News Publication by the San Diego Rifle and Revolver Association... This site sponsored and funded by the San Diego Rifle And Revolver Association as a service to all those who cherish their freedom."
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8. We Gather Together
A wonderful article by Melanie Kirkpatrick in the November 22 Opinion Journal details the history of the Thanksgiving hymn "We Gather Together." http://www.opinionjournal.com/la/?id=110007583
Originally written in Dutch for an already-familiar melody http://www.hymnsite.com/lyrics/umh131.sht, the hymn was a celebration of the victory of the Dutch (who were Calvinists) at the 1597 cavalry Battle of Turnhout, in their decades-long war for national independence against Catholic Spain.
Turnhout was the first time the Dutch had defeated the Spanish in an open-field battle. John Lothrop Motley explained the significance of Turnhout, in his 1860 masterpiece “History of the United Netherlands, 1597-98”, explained the significance of Turnhout: http://en.wikipedia.org/wiki/John_Lothrop_Motley http://worldebooklibrary.com/eBooks/
Because the Dutch won the war, they were able to build in the 17th century the first nation in the modern world which practiced religious tolerance. The religious freedom which we enjoy today in the United States was won for us, in part, by the brave cavalrymen of Prince Maurice's army who risked (and, in some cases, lost) their lives against the larger Spanish force.
Like Passover, Thanksgiving is a time to reflect on the debts of thanks we owe to previous generations which fought (in various ways, including literally) for freedom, and, especially, to God for leading them in their fight.
Thanksgiving in 2005 is also an especially appropriate time to reflect on our own contemporary obligations to ensure that the sacred light of religious freedom is never extinguished, as our nation is now engaged in a world-wide war against an enemy determined to destroy that freedom.
We gather together to ask the Lord's blessing, He chastens and hastens His will to make known; The wicked oppressing now cease from distressing, Sing praises to His name - He forgets not His own.
Beside us to guide us, our God with us joining, Ordaining, maintaining His kingdom divine, So from the beginning the fight we were winning; Thou, Lord, wast at our side, all glory be Thine.
We all do extol Thee, Thou Leader in battle, And pray that Thou still our defender wilt be. Let Thy congregation escape tribulation! Thy name be ever praised! O Lord, make us free!
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This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice's newest non-fiction hit bookstores on November 21st, 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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