March 17,2005, Second Amendment Project newsletter

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 17, 2004.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 theSecond Amendment Foundation, in Bellevue, Washingtonhttp://www.saf.org

Please visit Dave Kopel's website, containing articles on the Second Amendment and other freedom topics.http://www.davekopel.org

Table of Contents for this issue
1. New by Kopel & The Independence Institute: Armed Freedmen; Shooter Anthropology; The Klan and Gun Control
2. Terrorism: Arizona 'Minutemen,' .50 Caliber Terrorism?
3. International: Africa; IANSA; UN; New Zealand; the UK; Anti-Terror Militias
4. Culture: Excellent NPR story on media treatment of guns. Moore's Star Fades; Anti-Gun Gun Criminal; Jewish and Gay Gunowners
5. Law: D.C. Litigation; Firearms Tort Laws; The 2nd Amendment in Modern Law
6. The States: 'Make My Day' laws; Maryland's Database
7. Research: The Old Solution to Crime; Gunfacts v.4; New Colorado Blog

1. New by Kopel & the Independence Institute Brothers In Arms. How Civil Rights Flowed From A Rifle Barrel: Armed Black Resistance To Race Riots In The 20th Century. Dave KopelReason.com, Feb. 24, 2005.http://www.reason.com/hod/dk022405.shtml Dave points out that it was not by passive resistance alone that American Blacks asserted their claims to freedom and safety in post-Civil War America. The Klan's Favorite Law: Gun Control in The Postwar South.Dave KopelReason.comFebruary 15, 2005.http://www.reason.com/hod/dk021505.shtml The continuing desire to disarm America's poor blacks has a pedigree wrapped in flowing white sheets.
Humanizing Gun Nuts: An Anthropologist Shoots Down Stereotypes about Gun Enthusiasts. By Eric DzinskiReason.comFebruary 2005. http://www.reason.com/0502/cr.ed.humanizing.shtml Independence Institute intern Eric Dzinski reviews Abigail A. Kohn's book _Shooters: Myths and Realities of America's Gun Cultures_.

2. Terrorism 'Minutemen' to Patrol Arizona BorderVolunteer Minutemen, Many Untrained, to Patrol Ariz. Border to Curb Illegal Immigration CrossingsLara Jakes JordanThe Associated PressFebruary 21, 2005http://abcnews.go.com/US/wireStory?id=518371&page=1 Citizen volunteers plan to patrol the 'most porous stretch' of the U.S./Mexican border and report illegal immigrants. Officials fear the Minuteman patrols could cause more trouble than they prevent. At least some of the volunteers plan to arm themselves during the 24-hour desert patrols. Big Rifle A Terrorist Tool? CBS 60 Minutes Special ReportJanuary 9, 2005http://cbsnewyork.com/topstories/topstories_story_009191737.html CBS News turns its celebrated investigative skills to the putative threat of .50 Caliber rifles in civilian hands. '50 Caliber Terror' Website Launched to Warn of Terrorist Access to .50 Caliber Sniper Rifles in the United StatesThom Mannard Press Release of Freedom States AllianceMarch 1, 2005http://releases.usnewswire.com/GetRelease.asp?id=43680 This site warns of terrorists shooting down airliners with .50 caliber rifles at extended range and urges the pre-emption of that possibility.

3. International AfricaDisarmament: NGOs Seek Treaty to Hunt Lethal ArmsThalif DeenAll AfricaJanuary 24, 2005http://www.freerepublic.com/focus/f-news/1328113/posts A coalition of human rights and peace activists is urging the United Nations to adopt a legally binding "marking andtracing system" to track small arms from the factory to theuser. The coalition includes Amnesty International, OxfamInternational and the International Action Network on Small Arms (IANSA). BelgiumTough New Gun Law PromisedExpiatica 20053 February 2005http://www.expatica.com/source/site_article.asp?subchannel_id=48 &story_id=16553&name=Government+pledges+tough+new+gun+law Belgium's justice minister has pledged to implement a tough new law on the possession of guns. Some parties such as the Flemish left-wing liberals Spirit want to see a total ban on the possession of guns in homes. GambiaMillions of Small Arms in Civilian Hands Pose a Danger to PublicSecurityGambia Daily News (Banjul)January 10, 2005http://www.galleryofguns.com/shootingtimes/Articles/DisplayArticles.asp?ID=6663 African government spokesmen are meeting to determine upon means to control ownership and circulation of small arms in sub-Saharan Africa. India Abjit Singh India Gun AdvocacyAbjit Singhwww.abhijeetsingh.comA citizen marksman and author of Delhi, India, offers his site for articlesand promotion of firearms ownership and use in India. New Zealand—Very major pro-rights victory, after years of debate New Zealand rejects gun registrationNew Zealand Press AssociationDecember 24, 2004http://www.wfsa.net/WFSANEWS/2004/December04.htm The New Zealand Police Minister, George Hawkins, has stated that the new firearms bill soon to be released does not have a provision for gun registration. Arms Control Bill Introduced To ParliamentNew Zealand Press AssociationFebruary 19, 2005http://www.stuff.co.nz/stuff/0,2106,3192392a6160,00.html In the place of the bill with registration, New Zealand now considers a more general bill on illicit arms manufacturing and sales, as well as defining selected air rifles as firearms. The bill itself may be found at:http://www.knowledge-basket.co.nz/gpprint/docs/bills/20052481.txt Its preamble is enlightening. Why Gun Registration FailsPress ReleaseNew Zealand Libertarianz PartyFebruary 8, 2005http://www.scoop.co.nz/stories/PO0502/S00074.htm A Canadian expert on firearms registration traveled to New Zealand to discuss the debacle of Canada's own efforts to register firearms there. U.K.Teacher Faces 10 Years For Firing At Yobs With Air PistolNigel BunyanThe Daily Telegraph (UK)February 9, 2005http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/02/09/nwalk09.xml&sSheet=/news/2005/02/09/ixhome.html "This lady went home after confronting the youths, armed herself and then went out to confront them again. There was no damage and nothing was stolen. This lady has clearly overstepped the line." 'Yobs,' hoodlums, had vandalized the teacher's home and were in the process of trying to damage her son's car. The weapon in question was a CO2 target pistol. Call For New Move Over Gun LawsPress Release by the Scottish Nationalist PartyEvening Times (Scotland)January 31, 2005http://www.eveningtimes.co.uk/hi/news/5035098.html This element of the Scottish parliament wishes to do its own firearmsregulation. International comparisons of criminal justice statistics 2001By Gordon Barclay & Cynthia TavaresWith Sally Kenny, Arsalaan Siddique & Emma WilbyUnited Kingdom Home OfficeIssue 12/03 24 October 2003http://www.homeoffice.gov.uk/rds/pdfs2/hosb1203.pdf (PDF format requires Adobe Acrobat Reader)This bulletin brings together statistical information on criminaljustice collected by the Home Office and the Council of Europe. The datacovers all the European Union Member States, the EU accession countriesand selected other countries.The data in this bulletin covers the period up to 2001 but more recentinformation for England & Wales covering the period up to 2002/2003 waspublished in July 2003. It shows that over the past year for crimesrecorded by the police BBC pays burglar shot by Tony Martin Owen Gibson, media correspondentThe Guardian March 4, 2005http://www.guardian.co.uk/uk_news/story/0,3604,1430273,00.html The BBC paid some £4,500 for an interview to a career criminal shot bya British farmer whose barn the repeat offender had repeatedly plundered. The farmer has spent much more time behind bars than the criminal he wounded. United Nations/InternationalNobel Peace Laureates Promote Arms Trade Treaty Press ReleaseControlarm.orgDecember 11, 2004http://www.controlarms.org/latest_news/nobel_att.htm Following the annual meeting of the Nobel Peace Laureates in Rome, Italy, a group of Nobel Peace Laureates and Laureate organizations restated their support for an International Arms Trade Treaty to control the sales and possession of small arms world wide. Former U.S. President Jimmy Carter is among those listed. Focus on small arms and light weapons at the UNBy Lynne Griffiths-FultonProject PloughsharesWinter, 2004http://www.ploughshares.ca/CONTENT/MONITOR/mond04g.html "At this year's deliberations at the United Nations First Committee onDisarmament and International Security the growing number ofreferences to small arms and light weapons (SALW) highlighted the prominence of this issue on the international community'sagenda and indicated the political will to find ways to controlthese weapons more effectively." Press ReleaseOxfam, Amnesty International and IANSAMarch 7, 2005http://www.oxfam.org.uk/press/releases/women_guns070305.htm This coalition attempts to cast their campaign for world small arms registrationand control as a feminist issue. Putting People First: International Meeting On The Regulation Of Civilian Ownership And Use Of Small ArmsWeb PageRio de Janeiro, Brazil, 16-18 March 2005http://www.hdcentre.org/?aid=125 "The Centre for Humanitarian Dialogue, in partnership with the Government of Brazil and the NGOs Sou da Paz and Viva Rio, is convening an international meeting which will bring together the representatives of governments, international organisations and civil society to share lessons learnt and identify options for future action on the matter of effective regulation of the private ownership of weapons by civilians." Pentagon Plans To Build US-Friendly Militia Network To Combat Terrorism: Wolfowitz Suggests Targeting Radical Islamic ClericsAgence France PresseThe Daily Star (Beirut)August 12, 2004 http://www.dailystar.com.lb/article.asp?edition_id=0&categ_id=2&article_id=7196 The Pentagon has urged Congress to authorize $500 million for building anetwork of friendly militias around the world to purge terrorists from"ungoverned areas."

4. Culture National Public RadioOn the Media: Gun ShyMarch 11, 2005Very fair and tolerant analysis of media treatment of gunowners

http://www.onthemedia.org/transcripts/transcripts_031105_guns.html Moore now getting lessKathleen AntrimSan Francisco ExaminerFebruary 28, 2005http://sfexaminer.com/articles/2005/02/25/opinion/20050225_op05_antrim.txt "First, Michael Moore threw his creative weight and his celluloid intodefeating President Bush's re-election. Then he made a big push for anOscar nomination. He lost on both counts." Anti-gun activist arrested after firearm found at homeJason PisciaThe State Journal-Register (Springfield, IL)March 1, 2005http://www.sj-r.com/sections/news/stories/49173.asp A Springfield (IL) woman who began lobbying against gun violence after herson was shot to death in 2002 was arrested last week when police allegedly found an illegal gun and drugs in her home. Jews And GunsRobert J. AvrechThe Jewish PressDecember 22, 2004http://www.thejewishpress.com/news_article.asp?article=4518 A successful Jewish screenwriter asks why Jews, of all people, should trust governments with arms more than their fellows. Stonewall Shooting Sports of UtahPro-gay Utah Gun Rights ActivistsWeb Pagehttp://www.stonewallshootingsportsutah.org/ "We're gender- and sexual-minority firearm advocates and owners in Utah... for the legal, responsible and safe use of firearms for our self defense and shooting-sport competition and recreation, including those of us who are gay and lesbian, and that of our families and friends. With hundreds of members, we're the largest such group worldwide."

5. Law Seegars v. Ashcroft (sponsored by the NRA)US Court of Appeals for the DC CircuitFebruary 8, 2005http://caselaw.lp.findlaw.com/data2/circs/dc/045016a.pdf (PDF format requires Adobe Acrobat Reader)The Court (Judge Williams joined by Judge Tatel, over a dissent byJudge Sentelle) denied standing to all of the Seegars plaintiffs.The court applied Navegar v. U.S. (DC Cir, 1997), a Commerce Clauseand vagueness challenge to the 1994 assault weapons ban. That casegranted standing to manufacturers of specifically named weaponsbut not to manufacturers of weapons identified by characteristics(e.g., magazine size). Apparently general threats of prosecutionare not sufficient for standing in DC. The court found that no Seegars plaintiff had been exposed to a real and imminent threat of prosecution. Playing Chicken Roulette Robert A. Levy & Alan GuraAmerican SpectatorMarch 15, 2005Bob Levy describes his own case against D.C. firearms restrictions, Parker v. D.C. New York City's Gun Industry Responsibility Act: Why It May Do More Harm than GoodAnthony J. Sebok & Timothy LyttonFind Law's WritMarch 7, 2005http://writ.news.findlaw.com/commentary/20050307_lytton.html These two anti-gun, pro-lawsuit authors oppose local efforts to assist and national legislation to prevent the suing of firearms manufacturers for the misuse of their products. Bloomberg's misfire: Blaming gun makersLawrence Keane, General Counsel of the National Shooting Sports FoundationNew York PostJanuary 22, 2005http://www.freerepublic.com/focus/f-news/1327415/posts NYC Mayor Bloomberg recently signed a bill permitting crime victims to sue out-of-state gun makers unless they adopt the city's so-called "code of conduct. Attorney Keane argues that law is an unconstitutional attempt to regulate interstate commerce, something only Congress can do. 3rd Circuit Denies Shooting Victim's Appeal in Wal-Mart Suit Shannon P. Duffy Shannon P. DuffyThe Legal Intelligencer March 7, 2005http://www.law.com/jsp/article.jsp?id=1109859535448 A Wal-Mart employee who sued the store for previously selling bulletsto her estranged husband that he used to shoot her in the head lost herbid to revive a negligence suit that said the attack should have beenprevented. 4th Circuit Rules that Gun Show Operator has No Standing to ChallengeDe Facto Gun Show Ban on County FairgroundsKrasner v. Montgomery Countyhttp://www.myguns.net/Downloads/041030.pdf Oregon Measure Protects Gun Makers, DealersCharles E. BeggsThe Associated PressFebruary 17, 2005http://seattletimes.nwsource.com/html/localnews/2002182534_gunsuits17m.html A bill that would shield gun makers and dealers from being sued when the firearms they sell are used in crimes drew no opposition at a hearing in front of an Oregon House panel. Putting the Second Amendment to SleepNelson LundThe Green Bag: An Entertaining Journal of LawSecond Series, Autumn 2004http://www.law.gmu.edu/pubs/GreenBagRev2dAmend.pdf (PDF format requires Adobe Acrobat Reader)Law professor Lund reviews some recent legal scholarship showing how some modern authors have lost themselves in interpretations of the amendment's text, rather than in the understanding of the straightforward language itself.

6. States Gun Bill Approved By Senate: Patrons With Weapons Could EnterBars If They Didn't DrinkRobbie SherwoodThe Arizona RepublicMarch 4, 2005http://www.azcentral.com/arizonarepublic/local/articles/0304guns-bars04.html "Carrying your loaded gun into a bar or restaurant that serves alcohol would be legal - as long as you don't drink - under a bill that passed Thursday in the Senate." Lawmakers' Own Experiences Propel 'Shoot The Intruder' Bill Paul FlemmingThe Pensacola News-JournalFebruary 10, 2005http://www.pensacolanewsjournal.com/news/html/D0A327CB-CF1C-4997-9BD0-FA605921FDE9.shtml Criminal invasions of their own homes prompt some Florida legislators to supportthis bill. Ballistics Statute FaultedBrian WitteThe Associated PressJanuary 18, 2005http://washingtontimes.com/metro/20050117-102901-2749r.htm A law requiring Maryland State Police to collect ballistics informationfrom each handgun sold in the state should be repealed because the system is flawed and has not helped a criminal investigation since it wasadopted in 2000, a state police report has concluded. Legislators Submit Bill To Repeal Ballistics LawDavid SnyderThe Washington PostJanuary 22, 2005http://www.washingtonpost.com/wp-dyn/articles/A27873-2005Jan21.html ...and maintaining the useless data base is rather expensive. House Oks Self-Defense Gun BillAssociated Press (MT)March 2, 2005http://www.billingsgazette.com/index.php?id=1&displa =rednews/2005/03/03/build/state/69-gun-bill.inc "The measure, tentatively approved 68-31, says that simply brandishing a firearm in self defense is not a crime. It also bars employers from forbidding workers to keep guns in cars or trucks parked at the business." Senate Oks Removal Of Concealed Weapon Permit Shooting TestJames WardenAssociated Press (ND)March 7, 2005http://www.grandforks.com/mld/grandforks/11075510.htm "North Dakota senators approved a firearms bill that would eliminate a requirement that someone who wants to carry a hidden pistol must demonstrate they know how to safely handle and shoot it." Senate Panel Kills Library Gun Ban Hampton Roads Pilot OnlineJanuary 26, 2005http://home.hamptonroads.com/stories/print.cfm?story=81130&ran=117458 The panel voted 10-5 to kill a bill proposed by Sen. Mamie E. Locke, D-Hampton, that would have permitted localities to prohibit carrying guns in libraries. Current state law generally prohibits local governments from making their own laws governing the purchase, possession or carrying of guns. Sen. William C. Mims, R-Loudoun, offered a pun: "Instead of a shootout at the OK Corral, it would be a shootout at the OK carrel, would it not?" Senate rejects background checks on all gun-show salesAssociated Press (VA)January 26, 2005http://home.hamptonroads.com/stories/story.cfm?story=81161&ran=183282 To quote the AP lead: "RICHMOND -- Gun buyers, including criminals, can continue to avoid background checks by doing business with unlicensed dealers at Virginia gun shows."

7. Research Taking down outlawsBy Amy DoolittleThe Washington TimesFebruary 22, 2005 http://www.washtimes.com/culture/20050221-113353-7501r.htm "Some of the most notorious outlaws in history were killed or captured by ordinary citizens." Gun Facts 4.0http://www.gunfacts.com/A database and search resource for firearms-related data on this site and on the web. FN 5.7 semiautomatic pistolBureau of Alcohol, Tobacco, Firearms, and ExplosivesJanuary 20, 2005http://www.atf.gov/firearms/firearmstech/fabriquen.htm "In response to numerous questions that ATF has received regarding the capabilities of the 5.7 X 28mm cartridge, the following technical information is provided. FTB classified SS196 ammunition as not armor piercing." The Michael Bane Bloghttp://michaelbane.blogspot.com/ In his own words, "Author and host of the hit Outdoor Channel show Shooting Gallery spouts off..."

This newsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice, whose work on this newsletter has received warm praise on local radio, is also a poet, writer and factotum of matters electronic to Dave Kopel.

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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Ave., Colorado 80203. Phone 303-279-6536. (email) webmngr @ i2i.org