Second Amendment News 11/12/07

Dave Kopel's Second Amendment Newsletter

December 11, 2007 Dave Kopel's Second Amendment Project is based at the Independence Institute,a free-market think tank in Golden, Colorado.http://www.independenceinstitute.org

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

New by Kopel
Short Articles

Court, Capital and Handgun
Star-Telegram (Fort Worth, TX)
November 19, 2007
http://www.star-telegram.com/245/story/308993.html
An explanation of the isssues the Supreme Court will be deciding in the D.C. gun ban case, and its likely and possible ramifications.

Genocide Resistance
With Paul Gallant & Joanne D. EisenThe National Review Online
October 16, 2007
http://tinyurl.com/28crxw
The possession of arms saved the lives of many Armenians right after World War I.

Tricked by UNICEF
National Review Online
October 26, 2007
http://tinyurl.com/3bndxn
The financing of Palestinian terrorism makes for one scary Halloween.

UNRWA and Palestinian Suffering
The Volokh Conspiracy
November 29, 2007
http://tinyurl.com/2ltxyx
That there is 21st-century refugee problem from a war that ended in 1949 is primarily because of UNRWA’s decision to maximize Palestinian suffering for political advantage.

Scholarly Articles

Evolving Christian attitudes towards Personal and National Self-defense.
Working Paper
November 9, 2007
http://davekopel.org/Religion/Evolving-Christian-Attitudes.pdfPDF files require Adobe Acrobat Reader or similar software.
This article is an analysis of changing Christian attitudes towards defensive violence.

Modern Christian Pacifist Philosophy.
Working Paper
November, 2007
http://davekopel.org/Religion/Pacifism-Kopel.pdf
PDF files require Adobe Acrobat Reader or similar software.
This article examines the strengths and weaknesses of various contemporary Christian pacifist philosophies.

Dhimmitude and Disarmament
George Mason University Civil Rights Law Journal 18Forthcoming in 2008
http://davekopel.org/Religion/Dhimmitude-and-Disarmament.pdf
PDF files require Adobe Acrobat Reader or similar software.
Sharia law forbids subject non-Muslims, dhimmis, from possessing arms and resisting attacks upon them by Muslims.

Blogging

Some Background on the D.C. Handgun and Self-defense Bans
The Volokh Conspiracy
November 20, 2007
http://volokh.com/archives/archive_2007_11_18-2007_11_24.shtml#1195586476
Here is information about the D.C. ban at stake in pending Supreme Court litigation.

Fred Thompson vs. The UN's Anti-self-defense Campaign
The Volokh Conspiracy
November 3, 2007
http://volokh.com/archives/archive_2007_10_28-2007_11_03.shtml#1194117113
"Sen. Fred Thompson wrote to Field & Stream magazine, criticizing the UN's campaign against the human right of self-defense. The Thompson campaign touted the letter on its website, and the letter got a favorable reception among many pro-Second Amendment bloggers."


Multimedia

Gun Rights Policy Conference, Full Program
Second Amendment Foundation Online
October, 2007
http://saf.org/default.asp?p=GRPC
"While a picture is worth a thousand words, there is no need to live without the words! As in the past, Charles Heller recorded all of the speakers at the conference. These recordings, as well as recordings of some past conferences, are available for purchase."

International

Canada
Day quietly Delays Plan to Stamp Imported Guns
Tim NaumetzNational Post (Canada) December 5, 2007

http://tinyurl.com/26c3ak
Canadian gun-control enthusiasts are angry over a Tory decision to delay a plan supported by police associations for gun importers to mark all firearms.

European Union
EU May 'Fast Track' Gun Control
Chris SummersBBC NewsNovember 12, 2007http://news.bbc.co.uk/2/hi/uk_news/7028328.stm
"A British MEP is hoping to 'fast track' a new EU deal on gun control and says last week's school massacre in Finland should act as a wake up call."

Finland Changes Course on EU Firearms Directive
Helsingin Sanomat International EditionNovember 12, 2007http://tinyurl.com/2fcqn7
In the aftermath of a school shooting, Finland's government has decided to bring their nation's laws about firearms ownership below the age of 18 into compliance with a directive from the European Union.

Finland
Arrest the Handguns
Rebecca PetersThe International Herald TribuneNovember 16, 2007http://www.iht.com/articles/2007/11/16/opinion/edpeters.php
The director of the International Action Network on Small Arms makes a plea for swift action to render illegal civilian ownership of handguns in the aftermath of the Finnish school shooting.

Finnish Prime Minister Seeks Firearms Regulations Probe after School Massacre
Associated PressThe International Herald TribuneNovember 11, 2007http://tinyurl.com/2gq2pe
"Finnish Prime Minister Matti Vanhanen has called for an investigation of the country's firearms regulations following a shooting in which an 18-year old student killed eight people and himself, he said Sunday."

Gun Ownership High, Violence Low in Finland
Alan Gomez and Oren DorellUSA TodayNovember 7, 2007http://www.usatoday.com/news/world/2007-11-07-finland-guns_N.htm
"Finland, a country with a high number of guns but a low rate of gun violence, appeared stunned by a school shooting that left eight people dead and may consider revising its accommodating gun laws, Finnish experts said Wednesday."

France
The French and their Gun Laws
Paul BelienThe Washington TimesDecember 5, 2007http://tinyurl.com/3dusvc
In the light of rapes, robberies, and other crimes by predominantly Muslim rioters, the French are left unarmed in the face of violence.

New Zealand
Hunting Down the Country's Firearms
Phil TaylorNew Zealand Weekend HeraldOctober 27, 2007http://tinyurl.com/2oweev
New Zealand police are raiding cabins, homes, and hunting shelters in a search for illegal firearms.

Philippines
Firearm Laws for the Armed Citizen
Karlon N. RamaSun Star CebuNovember 26, 2007http://tinyurl.com/2l9zpq
This is an excerpt from a seminar lecture on the history of Philippines firearms legislation.

The UK
Your Guns are 'Too Violent' for Remembrance Day, Mayor tells Rifle Regiment
The Daily MailNovember 9, 2007http://tinyurl.com/37qmo7
"...the Labour mayor of Chepstow in Monmouthshire, said: 'I would prefer for there not be any guns at the parade—and raised it because it is an issue I personally feel very strongly about.'" The Town Council unanimously ignored the mayor's preferences.

History

'Disarm the Negroes': The Racist Roots of Georgia Gun Control
Special ReportGeorgiacarry.orgNovember, 2007http://tinyurl.com/2hp256
The report argues that Georgia's gun laws were always written with a mind to keeping the Negro population disarmed and subject to the White majority. The text contains many period clippings and illustrations. There are interesting accounts of light-skinned blacks purchasing arms so that their darker-skinned friends could defend themselves against racial aggression.

Eleanor Roosevelt’s Concealed Carry Application
Submitted by 'Syd.'Front Sight, PressNovember 25, 2007http://tinyurl.com/3cljzs
Here is a facsimile of Eleanor Roosevelt's application for permit to carry a concealed weapon (click for a larger version). The First Lady traveled a great deal and carried and practiced with a revolver during her journeys.

Her Own Bodyguard
Dave Kopel, Paul Gallant & Joanne EisenNational Review OnlineJanuary 24, 2002http://www.nationalreview.com/kopel/kopel012402.shtml
Here's Kopel's, Gallant's and Eisen's treatment of the pistol-packing former first lady.

Editorial Cartoon
Michael RamirezInvestor's Business Daily EditorialsNovember 19, 2007http://ibdeditorial.com/IMAGES/CARTOONS/toon111907.gif
This talented cartoonist's take on a historical right to keep and bear arms.

Culture and Self-Defense

Advocates for Guns in the LGBT Community to Speak
Topher SandersThe Ithaca Journal November 14, 2007

http://tinyurl.com/2wh88z
"Guns can provide those in the gay community a level of protection and security, Krick said. 'Armed Gays Don't Get Bashed,' reads the organization's Web site."

MSU to Build $3.5M Sports Shooting Center
Matthew MillerLansing State JournalNovember 12, 2007

http://www.wzzm13.com/news/news_article.aspx?storyid=83550
"Plans for the John and Marnie Demmer Shooting Sports, Education and Training Center, approved last month by MSU's Board of Trustees, call for a 23,000-square-foot building with indoor archery and small-bore rifle ranges and three outdoor archery ranges."

Gun-free Zones Offer Criminals, Lunatics No-risk Targets
Alan Gottlieb and Dave WorkmanTucson Citizen (AZ) Online Edition (Only)November 14, 2007

http://www.tucsoncitizen.com/daily/opinion/68671.php
Teachers are now being robbed by armed criminals, who join with mall and campus shooters in exploiting the forced vulnerability of 'Gun Free Zones.'

KC Police Develop 'Active Gunman' Strategy
Tony RizzoThe Kansas City Star December 5, 2007

http://tinyurl.com/2hgtsp
"When a gunman stormed a Kansas City shopping center in April, police employed a strategy that may have spared the kind of death oll wrought yesterday in Omaha, where a man killed nine people at a mall. The Kansas City star says that although two people were shot to death by the emotionally disturbed and suicidal gunman in Kansas City, police think the 'active gunman' strategy saved many more lives. Using lessons learned from the Columbine school shootings, officers confronted and felled the gunman before he could do additional harm."

Christmas Gift Suggestion
The National Rifle Association December 25, 2007

https://membership.nrahq.org/forms/gift.asp?CampaignID=default
One good way to enlist a shooter in the struggle to preserve civilian ownership of firearms is to present that individual with a gift membership in the National Rifle Association.

Yet Another Gift Suggestion
Midway USA December 25, 2007

http://www.midwayusa.com/airguns http://tinyurl.com/2zjxb3
Just a sample of the offerings from one of many excellent retailers who serve the shooting community. An air rifle or pistol is an excellent way to instill and perfect skills of firearms safety and marksmanship. The Crosman 1377 is inexpensive and ideal for indoor or outdoor pistol practice, note here http://tinyurl.com/2zjxb3.

Little-Bang Theory of Violence: It All Begins With a Toy Gun
Monica HesseThe Washington Post November 11, 2007

http://tinyurl.com/2yyx6b
The 'Zapper' accessory for Nintendo's Wii entertainment system for shooting simulations has provoked an angry reaction by some purchasers who feel that the device encourages interest in shooting. The article goes on to a more in-depth exploration of toy or simulated firearms and children.

Bill of Rights Day 2007
Alan KorwinBloomfield Press November 9, 2007

http://www.gunlaws.com/BOR%20Day%202007.htm
"This is the 6th year in a row that Arizonans have gathered to recognize and honor one of the most important concepts ever created. Join us. It's free. You will remember this experience for a long time to come."

Politics

Mike Huckabee Receives Endorsement of Republican Sportshooters Association
Press ReleaseMike Huckabee for President Campaign November 26, 2007

http://tinyurl.com/25ahg3
"Former Arkansas Governor and Republican Presidential Candidate Mike Huckabee received the endorsement of the Republican Sportshooters Association at a sportsmen’s ‘meet and greet and skeet shoot’ just outside Spartanburg, South Carolina yesterday."

Thompson Calls Gun Show 'Paradise'
CNN.com November 24, 2007 http://politicalticker.blogs.cnn.com/2007/11/24/thompson-calls-gun-show-paradise/
"White House hopeful Fred Thompson called his trip down aisle of rifles, shotguns and pistols at a gun show 'a day in paradise,' and said he wished he could come back to spend more time and money." The reactions posted below the story are also illuminating.

Thompson Talks Guns in N.H.
Joseph Curl The Washington Times November 6, 2007

http://www.washingtontimes.com/article/20071106/NATION/111060024/1002
"Thompson had a somewhat surreal day yesterday as he toured the nation's first primary state, dropping in to Nashua for a genteel early-morning 'tea with the candidate,' then spending the afternoon in a gun-making plant in Rochester."

'Meet the Press' transcript for Nov. 4, 2007: Fred Thompson, Tom Brokaw
Tim RussertMSNBC November 4, 2007

http://www.msnbc.msn.com/id/21623208/
Thompson's opposition to gun control was among the subjects covered and transcripted during this interview.

John Edwards on the Right to Bear Arms
NRA VideosYoutube.com November 15, 2007 http://www.ilaalerts.org/UM/T.asp?A1.2.2396.6.1218879
During the course of this video clip, former senator Edwards reinforced his earlier remark that the ownership of specified types of firearms is a 'privilege,' not a Constitutional right.

The States

Maryland
Decision on Resale of Police Guns Applauded
Rick DocksaiThe Baltimore Sun November 23, 2007 http://www.baltimoresun.com/news/local/bal-md.guns23nov23,0,3333103.story
By a vote of 135 to 4 in the House of Delegates, Maryland state legislators voted to override Governor Martin O'Malley's veto of a bill that allowed Maryland police departments to sell, as opposed to destroy, their obsolete or surplus firearms. The override is the Legislature's first of the Governor's veto.

Massachusetts
Police to Search for Guns in Homes
Maria CramerThe Boston Globe November 17, 2007 http://tinyurl.com/2yssjb
"Boston police are launching a program that will call upon parents in high-crime neighborhoods to allow detectives into their homes, without a warrant, to search for guns in their children's bedrooms."

New Jersey
Legislation Upsets N.J. Hunters, Anglers
Richard PearsallThe Courier-Post Online November 5, 2007 http://www.courierpostonline.com/apps/pbcs.dll/article?AID=2007711050341
"The bill would change both the composition and the mission of the state's Fish and Game Council, in ways that would deprive sportsmen of control over the council and, at the very least, shift its emphasis away from hunting and toward 'nonlethal' means of animal control."

Pennsylvania
Rendell Can't Sway Panel on Gun Bills
Amy Worden and Mario F. CattabianiThe Philadelphia Inquirer http://tinyurl.com/yuqohj
"Pennsylvania's House Judiciary Committee yesterday handily defeated two key gun-control bills despite a dramatic appearance by Gov. Rendell, who implored the committee to pass tougher gun laws to curb violence, especially in crime-marred cities such as Philadelphia."

Gun Suit vs. U. Darby Will Cause Ripples
William BenderThe Philadelphia Daily News December 6, 2007 http://tinyurl.com/2z3xjb
"Police Superintendent Michael Chitwood Sr. said yesterday that his department will not return seized firearms without a court order or his personal approval. Those that aren't returned to the owners are destroyed." Litigation is pending after Upper Darby police removed firearms from the home of a suicide and refused to return them to his heir.

Virginia
Kaine Takes Aim at Firearm Loophole
Michael SlussThe Roanoke Times December 5, 2007 http://www.roanoke.com/politics/wb/142272
"Gov. Tim Kaine said Tuesday that he will make a 'very aggressive' push next year to close a legal loophole allowing unlicensed gun dealers to avoid checking the criminal backgrounds of buyers, hoping to win support from a legislature that has been hostile to proposed gun controls." Little action is expected before the Supreme Court rules on the Parker case.

Democratic Gun Rights Activists Seek Senate Power
Amy GardnerThe Washington Post November 18, 2007 http://tinyurl.com/3dfqpj
"The Virginia General Assembly could become more friendly to gun rights advocates despite gains by Democrats in state elections this month, several lawmakers and advocates said."

The Supreme Court Case

D.C.'s Handgun Ban and the Constitutional Right to Arms: One Hard Question?
Nelson LundGeorge Mason Law & Economics Research Paper No. 07-36 October 14, 2007

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1021356
Lund explains why the 'militia-style' weapons argument should not suffice to sustain the D.C. gun ban.

One for the Second
Timothy WheelerThe National Review Online November 21, 2007

http://tinyurl.com/2acrhh
"If the amicus brief of the American Academy of Pediatrics is any indication, the gun ban movement has not only run out of steam, it has run out of credible arguments for denying D.C. residents, and other Americans that most natural of rights—the right to self defense."

Crime Data Underscore Limits Of D.C. Gun Ban's Effectiveness
Paul DugganThe washington Post November 13, 2007

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/12/AR2007111201818.html
"Although studies through the decades have reached conflicting conclusions, this much is clear: The ban, passed with strong public support in 1976, has not accomplished everything that the mayor and council of that era wanted it to."

Unholster the 2nd Amendment
Robert A. LevyThe Los Angeles TimesNovember 14, 2007 http://tinyurl.com/27ssb9
"Considering the text, purpose, structure and history of our Constitution, and the clear weight of legal scholarship, it's time for the Supreme Court to revitalize the 2nd Amendment, which has lain dormant for nearly seven decades."

Chairman Of Taxicab Commission Packs Gun
Bruce Johnson9 News Now November 7, 2007

http://www.wusa9.com/news/news_article.aspx?storyid=64885
"Swain is the only city official who admits to packing a gun."
Guns and Gay Sex: Some Notes on Firearms, the Second Amendment, and 'Reasonable Regulation'

Glenn Harlan ReynoldsTennessee Law Review, Vol. 75, No. 1November 20, 2007http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1030769
"In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right to arms would pose significant barriers to overly intrusive firearms laws."

Legal Commentary

A Welcome Mat for Gun Searches
Steven GrayTime November 26, 2007

http://www.time.com/time/nation/article/0,8599,1687895,00.html
Here is another treatment of the Boston 'Safe Homes' police searches of homes for hidden guns. It is noteworthy that the ACLU has voiced opposition to the program.

The Most Mysterious Right
Cass R. SunsteinThe New Republic November 12, 2007

http://www.tnr.com/toc/story.html?id=e8997807-107b-461f-90d2-51a3ef91b508
Here is a review of Mark Tushnet's Out of Range, a book confessing that the author is unable to decide the meaning of the 2nd Amendment to the U.S. Constitution. Sunstein and Tushnet's views generated a lengthy discussion on the page.

One Court's Second Amendment Fantasy
Paul HelmkeThe Huffington Post November 27, 2007

http://tinyurl.com/257z7e
The President of the Brady Campaign criticizes the ruling in D.C. v. Heller that has led to the pending Supreme Court appeal.

Trigger Guard: States' Gun Regulations Can Survive a Court Test
Erwin ChemerinskyThe News & Observer November 27, 2007

http://www.newsobserver.com/opinion/columns/story/794945.html
Chemerinsky argues that 'reasonable restrictions' of civilian firearms ownership will remain possible regardless of any Supreme Court ruling in the Heller case.

Repeal the Second Amendment?
Robert VerBruggenThe American Spectator December 3, 2007

http://americanprowler.com/dsp_article.asp?art_id=12379
An anonymous editorial in the Harvard Crimson argues for the repeal of the 2nd Amendment in order to enact gun control legislation. VerBruggen considers that intellectual progress.

Guns are for Liberals, Too
Mike EberThe Michigan Daily November 26, 2007 http://tinyurl.com/2xpfo3
Eber points out that those of opposing political persuasions might all need to exercise their rights under the 2nd Amendment.

The Second Amendment and the Individual
M.W. GailThe American Thinker November 28, 2007 http://www.americanthinker.com/2007/11/the_second_amendment_and_the_i.html
Gail's analysis of the Colonial militias results in his conclusion that the 2nd Amendment is, indeed, an individual right.

Non-Supreme Court Cases

Judge Lands at Center of a New York Legal Mystery
Joseph GoldsteinThe New York Sun December 3, 2007 http://www.nysun.com/article/67380
Judge Weinstein has received a suspiciously large number of suits in which he has exercised consistent bias against the firearms industry. A lawyer in a pending case is asking the Judge to recuse himself.

Handsome but not Home Free
Ron ColemanLikelihood of Success November 6, 2007 http://likelihoodofsuccess.com/2007/11/06/handsome-but-not-home-free/
This is an account of a New York State criminal court judge's refusal to apply the ruling in Heller to a case involving a New York man prosecuted for having three unlicensed guns in his apartment.

Pennsylvania Supreme Court Treats Second Amendment as Involving an Individual Right
Eugene VolokhThe Volokh Conspiracy November 27, 2007 http://volokh.com/posts/1196212101.shtml
"The opinion is not entirely clear here on many points, but the one thing it pretty clear does do is treat the right to bear arms as individual."

Court Of Appeals Considering Gun Law Challenge
Associated Presswcco.com November 9, 2007 http://wcco.com/local/conceal.and.carry.2.564359.html
"The Minnesota Court of Appeals is considering whether the state law allowing citizens to carry concealed handguns with a proper permit places an undue burden on churches and infringes on their property rights."

Gun Manufacturers Lose Appeal of Gary, Indiana's Lawsuit: Decision Is First Appellate Court Ruling to Interpret Federal Gun Industry Shield Law
Press Release Brady Campaign to Prevent Gun Violence October 29, 2007 http://tinyurl.com/2wr3fa
The Brady campaign celebrates an Indiana Court of Appeals ruling that ignored the Protection of Lawful Commerce in Arms Act in allowing a lawsuit by Gary, Indiana against firearms manufacturers.

Mayor Becomes Entangled by Gun Lawsuits
Joseph GoldsteinThe New York Sun November 20, 2007 http://www.nysun.com/article/66713
"Two recent court rulings—one from yesterday—suggest that Mr. Bloomberg may want to reserve a few days on his calendar next year in case he is called to face a jury over allegations that he defamed two gun dealers by speaking ill of them in the press."

Workplace Gun Ban OK
Associated PressThe Dallas Morning News October 7, 2007 http://tinyurl.com/2ozd7y
Here is another treatment of U.S. District Judge Terence Kern's ruling invalidating an Oklahoma state law against employers forbidding firearms in their employees' cars.

sorry for all the green text, blogger was playing up!
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