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 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
Please visit Dave Kopel's website, containing articles on
the Second Amendment and other freedom topics.
Back issues available at:
http://www.saf.org/KopelSAFnewsletter.htm
Thanks to the hard-working Dave LaCourse for managing the circulation
and distribution of this newsletter for the last year!!
Table of Contents for this issue
1. New by Kopel: Canadian gun registration disaster. Disarming Ugandans.
Hanukkah and the Israeli militia.
2. International. Australia bans handguns. British government promotes
culture of victimization, record-setting victimization results.
Israelis buy guns en masse. U.S. State Dept. blocks lawful gun sales
to Jamaicans under siege by criminals.
3. Law: The Bean decision. Analysis of 9th Circuit's Silviera decision.
Fifth and Tenth Circuit cases. Trial courts in Ohio and Delaware rule
against municipal lawsuits against gun companies.
4. Children. Zero Tolerance gets even stupider.
5. History. Columbia rescinds Bancroft Prize given to Bellesiles.
Publisher Alfred A. Knopf criticized for continuing to sell
fraudulent book.
6. Culture: Inaccuracies in Michael Moore's "documentary."
7. Legal Scholarship. Volokh on the evolving Second Amendment.
Heath on the militia. Gun law disarms soldiers.
8. Politics. "Smart Guns" handgun ban passes in NJ.
New campaign against gun sales in classified ads.
9. Christmas Treats. James Swan on hunting.
Rachel Lucas on freedom.
1. New by Kopel
Disaster Up North. Gun-control laws run amuck, with a billion dollar
cost overrun in the gun registry.
National Review Online. Dec. 12, 2002. With Gary Mauser.
http://www.nationalreview.com/kopel/kopel121202.asp
Disarming Uganda. The U.N. disarms the victims.
National Review Online. Dec. 11, 2002. With Paul Gallant & Joanne Eisen.
http://www.nationalreview.com/kopel/kopel121102.asp
A Rich Tradition. Jewish war lessons.
The Hanukkah story of how a people's militia defeated an
evil empire.
National Review Online. Dec. 5, 2002.
http://www.nationalreview.com/kopel/kopel120502.asp
Coming soon, from the National Center for Policy Analysis:
Issue backgrounder on Ballistic Imaging. Co-authored with Sterling Burnett.
From National Review Online:
How anti-gun advocates use regulations to accomplish goals which
legislatures won't support.
2. International
a. Australia
Handgun confiscation in progress
http://www.theage.com.au/articles/2002/12/06/1038950185452.html
Details from Sporting Shooters Association of Australia
http://www.ssaa.org.au/gunban2002/gunbanindex.htm
b. Columbia
"The Guns of Opa-Locka"
by Jake Bergman and Julia Reynolds
December 2, 2002
The Nation
http://www.thenation.com/doc.mhtml?i=20021202&s=bergman
Argues that lax U.S. gun laws supply guns to foreign terrorists.
c. England
England has worst crime rate in world
By David Bamber
The Telegraph
Dec. 1.
New UN crime survey shows that England/Wales have the highest crime rate among
major developed nations.
http://www.telegraph.co.uk/news/main.jhtml;
$sessionid$3G0FU5MCAIUF1QFIQMFSFF4AVCBQ0IV0?xml=/news/2002/12/01/ncrime01.xml&sSheet=/
news/2002/12/01/ixhome.html&secureRefresh=true
We must be allowed to defend ourselves against burglars
By Alan Judd
The Telegraph
Dec. 2.
http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2002/12/02/do0201.xml&sSheet=/
opinion/2002/12/02/ixopinion.html
"Out of Sight is Safer"
British government responds to cellphone robbery by telling people
not to use cellphones in public.
http://www.samizdata.net/blog/archives/002560.html#002560
British Government warns Gloucester man that if he moves a car which
Someone illegally parked in his driveway, he will be prosecuted.
Government refuses to move the car itself.
http://news.bbc.co.uk/1/hi/england/2565109.stm
d. Israel
Up in Arms
Israelis Flock to Buy Guns, Pack Heat at Services
By Ian Urbina
Village Voice
November 27
-
December 3,
2002
http://www.villagevoice.com/issues/0248/urbina.php
"What little anti-gun sentiment used to exist is virtually nonexistent now."
"Bulk permits now allow for the circulation of unchecked numbers of
weapons as municipalities, schools, and hospitals are among the many
institutions that can apply for block licenses to arm their employees."
e. Jamaica
Legal gun supplies dry up
Merchants,
licensed firearm holders left hanging as State Department tightens control
BY T K Whyte
The Jamaican Observer
November 24
http://www.jamaicaobserver.com/news/html/20021123T230000\
0500_35669_OBS_LEGAL_GUN_SUPPLIES_DRY_UP.asp
U.S. State Department blocks sales of legal firearms to
licensed Jamaicans
3. Law
Supreme Court decision in the Bean case
http://laws.findlaw.com/us/000/01-704.html
Silviera v. Lockyer
Ninth Circuit nullifies the Second Amendment.
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/
661116A4ECB1A7BE88256C8600544DCB/$file/0115098.pdf? openelement
Silviera analysis by:
Clayton Cramer
http://claytoncramer.com/weblog/2002_12_01_archive.html#85654955
By Pejman Yousefzadeh
http://www.techcentralstation.com/1051/
defensewrapper.jsp?PID=1051-350&CID=1051-121202D
U.S. v. Bayles
10th Circuit reiterates that Second Amendment case
does not belong to the people. Tells district court to sentence defendant
to a longer term.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?
navby=search&case=/data2/circs/10th/014092.html
US v. Herrera
5th Circuit, en banc.
Upholds sentence for firearms owners who was "unlawful user"
of illegal drugs. 18 U.S. Code 922(g)(3).
Dissent by judges DeMoss and Smith urges strict scrutiny
review of this vague infringement of 2d Amendment rights.
http://caselaw.lp.findlaw.com/data2/circs/5th/0051177pv3.pdf
Delaware trial court issues summary judgment against
Wilmington's abusive lawsuit against gun companies.
http://www.nssf.org/releases/PR_NSSF_Wilmington_120302.htm
Ohio trial court rules that Cincinnati cannot sue
gun companies or associations headquartered outside Ohio.
http://www.cincypost.com/2002/11/16/guns111602.html
==========
4. Children
Larry Elder
November 29, 2002
Kids, guns,
and Dr. Phil
http://jewishworldreview.com/cols/elder120202.asp
Canadian school suspends students for boxing, while not on school property
http://www.canada.com/vancouver/news/
story.asp?id={BD373499-D5C2-41C7-8E0D-F9EC69F83EA9}
Third grader accidentally brings bullet to school in a
Big container full of crayons, is expelled
http://www.chicagotribune.com/news/local/chi-0212100331dec10,0,3393697.story
4th-grader
suspended for gun shell in pocket
World Net Daily
By Joe Kovacs
November 21, 2002
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=29729
Student suspended for carrying a stage prop firearm
http://abclocal.go.com/wls/news/111302_ns_studentsuspended.html
==========
5. History
Prized, No
Longer
Columbia University rescinds Michael Bellesiles's Bancroft Prize
By Melissa Seckora
National Review Online
http://www.nationalreview.com/seckora/seckora121702.asp
Debunks claims that Bancroft Committee did not have prior warning
of Bellesiles fraud.
What Is Knopf Waiting For?
By Jerome Sternstein
History News Network.
http://hnn.us/articles/1158.html
Publisher Alfred Knopf destroys its credibility by continuing to
defend Bellesiles hoax book.
Latest developments in Bellesiles Hoax
http://hnn.us/articles/691.html#latest
(Note also some very interesting messages in the
Discussion Threads that follow the text.)
==================
6. Culture
Gun Control myths: Part III
By Thomas
Sowell
http://www.jewishworldreview.com/cols/sowell120202.asp
Michael Moore fact-check website
Spinsanity list of falsehoods in "Bowling"
http://www.spinsanity.org/columns/20021119.html
Forbes list of frauds in "Bowling"
http://www.forbes.com/forbes/2002/1209/059.html?_requestid=2372
Moore Bowls Gutter Balls in Columbine Film
By Ari Armstrong
Colorado
Freedom Report
http://www.co-freedom.com/2002/11/bowling.html
The Pamela White Gun Challenge
By Ari Armstrong
Colorado
Freedom Report
http://www.co-freedom.com/2002/12/gunchallenge.html
"Back in
August, Pam White wrote an article for the Boulder Weekly
explaining why she doesn't want to use a gun for self-defense. I
argue she understands neither the moral nor the practical issues
involved, and I challenge her to take a firearms training class."
=============
7. Legal Scholarship
"Exposing the Second Amendment: Federal Preemption of State Militia Legislation"
By Norman Heath
University of Detroit Mercy Law Review
http://www.guncite.com/journals/heath.html
By far the best comprehensive analysis of militia case law and its
implications for the Second Amendment.
Who's Right
on Second
By Eugene Volokh
http://www.nationalreview.com/comment/comment-volohk120602.asp
Explains that examining the Second Amendment under "evolving
standards" of social norms makes the individual rights position even
stronger.
Domestic
violence gun law can affect soldiers careers
by Spc. Daniel W. Bailey and Cpl. Kyle J. Cosner
Army News Service
November 29, 2002
http://www.dcmilitary.com/army/pentagram/7_47/national_news/20471-1.html
8. Politics
NJ
Assembly Approves Smart Gun Measure
Bill calls for technology that doesn't exist yet
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-0/1037701123231050.xml
Ballistic-Fingerprint Study Triggers Dispute
California Attorney General Bill Lockyer's office has found itself in the
middle of a
national
debate over the crime-fighting weapon known as ballistic fingerprinting.
http://www.sacbee.com/content/politics/story/5258368p-6264674c.html
National Campaign to Close the Newspaper Gun Loophole
=========================
9. Christmas Treats
Hunting
It's time to shoot Canada geese.
By James Swan
National Review Online
Dec. 4
http://www.nationalreview.com/swan/swan120402.asp
There is a hunting season under Heaven.
By James Swan
National Review Online
Dec. 17
http://www.nationalreview.com/swan/swan121702.asp
Guns, Freedom, And The Second Amendment
From the excellent weblog of Rachel Lucas
http://www.rachellucas.com/archives/000218.html#000218
Al Qaeda delenda est!
Merry Christmas and Happy New Year!
May the joys of this season renew your strength for the eternal battle for freedom.
