|
Dave Kopel's Second Amendment NewsletterFebruary
25, 2008 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. Please visit Dave Kopel's website, containing
articles on the Second Amendment and other freedom topics. To subscribe to this free e-mail newsletter, please
send a request to: Table of Contents
SPECIAL REPORT: The Supreme Court Second Amendment CaseAmicus Curiae Briefs to the D.C. Gun Ban CaseOn Writ of Certiori to the United States Court of Appeals for the District of ColumbiaDavid B. Kopel, C.D Michel, and Jason A. Davis Dave Kopel and a law enforcement coalition's amicus brief on the D.C. Case. Those behind Dave's brief include firearms trainers, the Maryland Fraternal Order of Police, and 29 California District Attorneys.
On Writ of Certiori to the United States Court of Appeals for the District of ColumbiaJeffrey B. Teichert This is the“errors brief‚” prepared by the citizens' Committee for the Right to Keep and Bear Arms. It identifies some of the falsehoods in the pro-ban briefs.
On Writ of Certiori to the United States Court of Appeals for the District of ColumbiaNelson Lund In the Second Amendment Foundation's brief, Nelson Lund carefully explains the text of the Second Amendment.
Statement From Wayne LaPierre and Chris W. Cox On Vice President Dick Cheney Signing Congressional Amicus Curiae Brief In D.C. CaseWayne LaPierre and Chris W. Cox The NRA expresses its gratitude to Vice President Dick Cheney, who signed the Congressional Amicus brief in the D.C. v. Heller case. The Bush Justice department's brief has provoked considerable negative reaction among those supporting the case.
Case FilingsDCGunCase.com Here are all the filings in D.C. v. Heller, including all the amicus briefs on both sides.
AnalysisIn Liberty's Two Arms: Both clauses of the Second Amendment Protect Gun RightsDavid B. Kopel Applying Justice Stephen Breyer's book "Active Liberty" to the Second Amendment
The Supreme Decision. Analysis of the D.C. v. Heller caseDavid B. Kopel Here is Dave's own published analysis of the arguments and the issues at stake.
Respondent's Brief in DC v. HellerDavid B. Kopel This link takes you to a collection of 19 of Dave's blog posts, analyzing some of the leading briefs in DC v. Heller.
With Friends Like These...Robert VerBruggen Here is a reaction to the Bush Justice Department's amicus brief in the D.C. v. Heller case. Verbruggen's views provoked a storm of reader comment available on the site http://www.spectator.org/dsp_article.asp?art_id=12590.
PodcastIndependence Institute brief in D.C. v. HellerDave Kopel and Jon Caldara Here is Independence Institute President Jon Caldara's interview with Dave about the issues and arguments at hand in D.C. vs. Heller.
New by KopelKopel InternationalIs There a Relationship between Guns and Freedom? Comparative Results from 59 NationsDavid Kopel with Howard Nemerov This is a working Paper concerning the 59 nations for which data about per capita gun ownership are available. It examines the relationship between gun density and several measures of freedom and prosperity: the Freedom House ratings of political rights and civil liberty, the Transparency International Perceived Corruption Index, the World Bank Purchasing Power Parity ratings, and the Heritage Foundation Index of Economic Freedom. The data suggest that the relationships between gun ownership rates and these other measures are complex. The data show that (although exceptions can be found) the nations with the highest rates of gun ownership tend to have greater political and civil freedom, greater economic freedom and prosperity, and much less corruption than other nations. The relationship only exists in for high-ownership countries. Countries with medium rates of gun density generally scored no better or worse than countries with the lowest levels of gun rates.
The Human Right of Self-DefenseDavid B. Kopel, Paul Gallant, and Joanne D.
Eisen Here is the final, published version of a massive article showing that self-defense is a universal human right, and is the foundation of international law.
We're from the Government, and We're Here to Help YouDavid B. Kopel, Paul Gallant, and Joanne D.
Eisen The Ugandan government perpetrates ethnocide against the Karamajong tribes, under the pretext of gun control.
A Question of BalanceDave Kopel Dave attended an international firearms policy symposium at the Tower of London, video from that is available for free (registration required) at XONtv. Once you have registered, look under "Documentaries" and then under "Snow Goose Productions." The individual speakers are in separate segments; Kopel appears in the segment on "Firearms Possession" (by "non-state actors").
Kopel MediaCU Students Protest to Carry Concealed WeaponsJaclyn Allen Denver's 7 News did a report about an 'Empty Holster' protest at the University of Colorado against that institutions ban on legal concealed carry. The report features video of Dave's speech to the Federalist Society last November, and a short interview with Dave.
InternationalAngolaArmy to Help Police Disarm CiviliansAngola Press Agency The effort against civilian ownership of 'military' small arms extends now in Angola to using the military against civilians suspected of possessing such weapons.
CanadaNo handgun ban, Stockwell Day saysTonda MacCharles "Public Safety Minister Stockwell Day is flatly rejecting calls for a ban on handguns..."
Liberty in Canada/Libérte au CanadaPierre Lemieux Here is a new website from Canada’s great pro-freedom writer.
Czech RepublicGun numbers in Prague may reach 250,000CTK Daily News (Czech Republic) "Official data speak about 75,000 firearms in Prague at end of 2007, but the actual number may reach 250,000."
GuyanaIllegal gun trade "flourishes" in GuyanaBBC Monitoring Americas "Anyone with the right connections and cash can buy or rent a gun in Guyana, to be used in way they choose." Laws to the contrary notwithstanding.
IndiaBangaloreans Go for GunsNew Indian Express "The boom in real estate business and suspected terror activities in the City has made many feel insecure and take up arms for self-defence."
India Shaken by School Violence: 2 Deaths Since December Spur Calls for Broader Gun ControlEmily Wax "Two fatal shootings and a stabbing in Indian schools have rattled parents and teachers here, forcing India to confront an issue it had previously known mainly through TV news footage from the United States."
JapanNPA wants Gun Owners to Store Weapons at
Dealers "Even before the Sasebo shooting, the NPA advised people who plan to leave their houses for an extended period, due to such reasons as going on a business trip or hospitalization, and elderly people living alone, to ask gun dealers and others to store their guns to prevent them from being stolen." The NPA is the Japanese National Police Authority.
LebanonBeirut Arms Itself Against a Shaky FutureNicholas Blanford "With Lebanon mired in political crisis for more than a year, Lebanese have been buying arms in huge numbers, seeking to protect themselves should the tensions explode into civil war."
MexicoMukasey: Mexican Database to Track U.S. FirearmsThe Associated Press "A Spanish version of an electronic database will help Mexican authorities trace American firearms found in Mexico, U.S. Attorney General Michael Mukasey said Wednesday."
New ZealandGrowing Interest in Firearms 'Healthy'Jenny Ling "More New Zealanders are arming themselves with firearms licences for sport, recreation and pest control, showing what police believe is a healthy attitude toward gun use."
United KingdomScotland to Host Summit on Air-Gun LawShan Ross "Scotland is to host a UK-wide summit on reforming the law on firearms including air guns."
Why Boys Should be Allowed to Play with Toy GunsLaura Clark and Sarah Harris "Playing with toy weapons helps the development of young boys, according to new Government advice to nurseries and playgroups. Staff have been told they must resist their 'natural instinct' to stop boys using pretend weapons such as guns or light sabres in games with other toddlers."
CultureCredit Card Company: No More Buying GunsBob Unruh "A major credit card company has issued a letter to a gun dealer canceling his payment processing services because of corporate concerns firearms were being sold to consumers in other states, in 'a non face-to-face environment.'"
Leader of No Guns Group Gets Eight YearsSam Quinones "The director of the antigang organization No Guns, which the city of Los Angeles once paid $1.5 million to steer Latino youths away from a life of crime, pleaded guilty Thursday to illegally selling assault weapons to federal undercover officers."
NBA, NFL Go Anti-GunChris Sprow "For years, the NFL and the NBA have attempted to distance players from firearms. Some would argue these policies are aimed at a culture that celebrates the criminal use of violent weapons, but the effect is pretty clear: The leagues would rather their players put themselves at risk than protect themselves with guns."
Five Questions about Shootings at UniversitiesDennis Praeger Columnist and radio talk show host Dennis Praeger asks questions such as why the murderers are always counted among the 'victims,' and why the term 'shootings' replaces 'murders' in the discussion of such onslaughts.
Self-DefenseMore Guns on Campus?Suzanne Smalley A group called Students for Concealed Carry on Campus argues that the recent murders on the 'Gun Free' Northern Illinois University campus make their case, not the case for yet more gun control.
Vulnerable Schools Need ProtectionDavid McGrath An English Professor points out that the University official in the best position to protect students from a sudden assault would be an armed professor.
'Castle Law' Arms Texas Homeowners with Right to ShootMichael E. Young " 'I think the castle law has more citizens thinking about fighting back, knowing they're protected from being sued later,' said Dallas homeowner Dennis Baker." Others disagree. The article contains a lengthy treatment of Texas cases involving justifiable homicide.
Millionaire Patriot Commits to Provide Gun Training for All Arizona School TeachersPress Release "In response to Arizona Senate Bill 1214, which would exempt concealed-carry permit holders from a state law that bars individuals from knowingly carrying deadly weapons onto school property, Dr. Ignatius Piazza has committed to provide every Arizona School teacher with a $2,000, Four Day Defensive Handgun Course, free of charge if Arizona lawmakers will pass the Senate Bill 1214."
Gun Saint Society Honors Colorado Church HeroinePress Release "The St. Gabriel Possenti Society, Inc. this week awarded Jeanne Assam of New Life Church in Colorado Springs its Medal and Certificate of Honor, Society Founder/Chairman John M. Snyder announced here today." Assam wounded and stopped an attacker at the Church as he sought to enter the building where hundreds of worshippers had taken shelter.
PoliticsCandidates Weigh in on Guns after NIU DeathsCraig Gilbert and Dave Umhoefer "Responding to the shootings at Northern Illinois University, Democratic presidential candidates Barack Obama and Hillary Rodham Clinton both called Friday for what they said were common-sense changes in gun laws, while declaring their support for the right to bear arms... But asked about gun rights, Obama said, 'I believe the Second Amendment means something.' "
Gun Control Advocates Call Clinton a HypocriteJake Tapper "In an email to me, Andy Pelosi of Gun Free Kids, writes, 'quite frankly, there are many gun control advocates that find it distasteful that Clinton appears to be running to the right of Obama on guns.' "
Clinton Wants a Gun SummitMichael McAuliff " 'I believe we really should have a summit where everybody comes together on all sides of this issue,' Clinton said. 'Let’s figure out how we can be consistent with the Second Amendment, which I wholeheartedly support, and do more to keep people safe.' "
The StatesColoradoControversial Curb on Gun Owners Passes Committee on Party-line VoteSenate Minority Office "SB 49, sponsored in the Senate by Arvada Democrat Sue Windels, holds homeowners criminally liable--subject to a misdemeanor charge--if minors obtain their firearms and commit suicide or a crime against another. Windels says the measure is meant to cut crime and teen suicides, but Republicans on the committee said the bill would backfire."
VirginiaSenate Panel Defeats Bill on Gun Show SalesSandhya Somashekhar "A bill that would have restricted certain gun sales in Virginia and that had received passionate support from survivors of the Virginia Tech massacre was defeated by a Senate committee Wednesday, ending the major gun control effort of this year's General Assembly session."
LawWatson v. United StatesSupreme Court of the United States When a federal undercover agent gives a drug seller a gun in exchange for drugs, the seller does not "use" the gun in a drug crime, for purposes of the federal sentencing enhancement statute. Unanimous decision, authored by Justice Souter. Concurrence by Justice Ginsberg suggests over-ruling Smith v. United States, a previous decision holding that "use" includes the drug merchant giving someone a gun in exchange for drugs.
Churches Win Another Round on '05 Gun Law ExemptionsRochelle Olson "Forcing churches to allow guns in their parking lots and use state-mandated language for signs forbidding firearms is an unconstitutional infringement on religious freedom, the state Court of Appeals ruled Tuesday."
Judge Rules for the City in Gun Sting Of DealersThe New York Times "A federal judge in Brooklyn ruled on Friday that the administration of Mayor Michael R. Bloomberg did not break the law in conducting sting operations meant to catch out-of-state gun dealers making illegal sales."
Judge Denies ATF's Request for Summary Judgment, Red's Trading Post Case Now Goes on to TrialRyan Horsley US District Court Judge Edward J. Lodge dismissed the ATFE's claim that Red's Trading Post willfully committed errors in required paperwork and will allow a suit contesting the revocation of the business's firearms license to go to trial.
The Memorandum Opinion in Red's Trading PostUS District Court Judge Edward J. Lodge Here is the judge's denial of summary judgement in the Red's Trading Post case.
AG, Governor Seek Reversal on Gun RulingRobert Boczkiewicz "Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson contend a state law allowing employees to have guns in locked vehicles where they work promotes public safety."
Ky. Antique Gun Trial Ends in AcquittalDylan T. Lovan "A jury rejected all felony charges brought against an Alabama couple accused of selling a slew of famous firearms to a millionaire collector at fraudulent prices." The details of the prosecution are interesting as the case is more a fraud case than a firearms rights prosection.
D.C. Lawsuit against Gun Manufacturers is DismissedDavid Kopel D.C.’s abusive lawsuit against firearms manufacturers is dismissed, thanks to the Protection of Lawful Commerce in Firearms Act. The Kopel blog post analyzes the case, and provides a link to the opinion of the D.C. Court of Appeals.
Leading Class-Action Lawyer Is Sentenced to Two Years in Kickback SchemeMichael Parrish A leading anti-gun civil lawsuit lawyer has been sentenced to prison for fraud. For a biography of Parrish, see http://topics.nytimes.com/top/reference/timestopics/people/l/william_s_lerach/index.html
Philly, NRA and Legislature Heading to Court over Local Gun RulesMark Scolforo Philadelphia's Mayor Nutter is going to the Pennsylvania State Supreme court in the hope of reversing with new judges the Court's previous sustaining of Pennsylvania's firearms law preemption statute against Philadelphia's city ordinances against civilian firearms ownership. The city plans to enforce the laws regardless of the previous decision.
Federal IssuesGun Lobby Hijacks Bill Intended to Improve Gun Buyer Background ChecksPress Release This organization, which works to restrict civilian ownership of firearms, expresses its displeasure with the recent (then impending) legislation reforming the National Instant Check System for firearms purchases. The VPC objects to an appeals process for those denied firearms purchases on grounds of mental health disqualifications.
Senate Passes NICS Improvement Act, House ConcursPress Release Here is the NRA-ILA's take on the bill, which President Bush signed into law on January 8, 2008.
Police in Thought PursuitBruce Fein The Chairman of the American Freedom Agenda objects to the proposed Violent Radicalization and Homegrown Terrorism Prevention Act of 2007, legislastion he warns will criminalize 'thought patterns' thought to be indicative of proclivities toward domestic terrorism. A commission would designate books and writings thought to be suspect.
Sullivan ATF Confirmation BlockedJonathan Saltzman "The confirmation of US Attorney Michael J. Sullivan as head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives was thrown into further doubt yesterday, when a Republican senator who is blocking the nomination renewed complaints that Sullivan has refused to loosen licensing rules for guns."
Dispute over Guns Threatens Senate VoteMatthew Daly "An election-year dispute over whether to allow loaded guns in national parks is holding up a vote on a massive bill affecting public lands from coast to coast."
ScholarshipNew research on the Second Amendment Now onlineDavid Kopel Dave has here collected links to articles by Stephen Halbrook, Clayton Cramer and Joseph Olson on Amendment II and offers a precis of each. We link to each below.
St. George Tucker's Second Amendment: Deconstructing 'The True Palladium of LibertyStephen P. Halbrook St. George Tucker was the leading legal commentator of the Early Republic. His edition of Blackstone, which included copious annotations and appendices written by Tucker, was the foundational legal treatise of its era, and the first scholarly analysis of the new U.S. Constitution, and of how American law was diverging from its British ancestor. Halbrook's article shows that Tucker regarded the Second Amendment as an individual right which included a right to own firearms for self-defense and hunting. The article also points out deficiencies in Saul Cornell's treatment of Tucker; Cornell has a tendency to quote Tucker's analysis of militia issues as if the analysis were about the Second Amendment, and to gloss over what Tucker actually wrote about the Second Amendment.
What Does 'Bear Arms' Imply?Clayton Cramer and Joseph Olson Gun prohibition advocates, including the D.C. government in its brief in D.C. v. Heller, contend that the words "bear arms" in the Second Amendment have an exclusively military connotation, and therefore "the right of the people to keep and bear arms" refers exclusively to bearing arms as part of service in a formal state militia. Cramer and Olson show that "bear arms" never had an exclusively military connotation, either before ratification of the Second Amendment, or in the following decades. This is the abstract of the upcoming full article.
Pistols, Crime, and Public Safety in Early AmericaClayton Cramer and Joseph Olson The authors show that the governments of Founding Era were familiar with handguns, and never regulated them differently from long guns. The typical pistol of the late 18th century could fire only a single shot; however, multi-shot pistols had already been invented; many handgun owners provided themselves with multi-shot capacity by carrying two or more handguns, which was not difficult, since there were many very compact handguns. Accordingly, the successful commercial development of the multi-shot handgun (the Colt's revolver in the 1830s) was (unlike, for example, radio) an example of technological progress that was well within the contemplation of the Founders. An abstract, again, of the forthcoming article.
Why DC's Gun Law Is UnconstitutionalDavid E. Young Young finds errors in a brief to the D.C. v. Heller case filed by fifteen professional historians in support of the District of Columbia's gun ban.
This newsletter is compiled with help from Dr. Rob S. Rice. For more on this vestibular, yet stentorian individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dave Kopel has now read Dr. Rice's novel and did not suffer permanent injury, his views are at http://tinyurl.com/34vowt Dr. Rice would bet that none of the commentators besides Dave so much as touched his book. Al Qaeda delenda est! |
