Posted on 12/06/2005 6:09:35 AM PST by Blood of Tyrants
Edited on 12/06/2005 11:52:37 AM PST by Admin Moderator. [history]
DaveKopel’s Second Amendment Newsletter. December 5, 2005.
Dave Kopel’s Second Amendment Project is based at theIndependence
Institute, a free-market think tank in Golden, Colorado.
http://www.independenceinstitute.org
Delivery of thisnewsletter comes courtesy of the Second Amendment
Foundation, inBellevue, Washington
Thisemail was sent to ddstovall@bellsouth.net
Please visit Dave Kopel’swebsite, containing articles on the Second
Amendment and otherfreedom topics.
Tosubscribe to this free e-mail newsletter, please send a request to kopelnewsletter@liberty.seanet.com
Amendment;Debate
Louisiana;Wisconsin
Ban
The Religious Roots ofthe American Revolution and the Right to Keep
and Bear Arms
Dave Kopel
17 Journal on Firearmsand Public Policy 167
2005
http://www.davidkopel.org/Religion/Religious-Roots-of-the-American-Revolution.pdf
(PDF format requires Adobe Acrobat Reader)
Thereligious attitudes which impelled the Americans to armed rebellion are anessential component of the American ideology to keep and bear arms.
The Catholic SecondAmendment
Dave Kopel
Hamline Law Review
2006, forthcoming
http://www.davidkopel.org/Religion/Catholic-Second-Amendment.pdf
(PDF formatrequires Adobe Acrobat Reader)
At thebeginning of the second millennium, there was no separation of church andstate, and kings ruled the church. Tyrannicide was considered sinful. By theend of the thirteenth century, however, everything had changed. The “LittleRenaissance” that began in the eleventh century led to a revolution inpolitical and moral philosophy, so that using force to overthrow a tyrannicalgovernment became a positive moral duty. The intellectual revolution was anessential step in the evolution of Western political philosophy that eventuallyled to the American Revolution.
GreatDebate on Tort Protection for Gun Manufacturers:
Dave Kopel, GeneVolokh, and Joshua Horwitz
Legal Talk Network
October 27, 2005
The LegalTalk Network hosted a debate on the Protection of Lawful Commerce in FirearmsAct. Participants were Eugene Volokh, Josh Horowitz from the Educational Fundto Stop Gun Violence, and me. Josh and I spoke the next day, and agreed thatthe debate was informative and cordial—far superior to the angry exchange oftalking points that sometimes characterizes debates on gun control. You canlisten to the debate in WMF, or download it in MP3.
Dave’sother blog entries can be accessed online off Kopel’s Corner at:
http://www.davidkopel.org/Corner/Latest.htm
Rudyard Kipling on GunControl
David Kopel
The Volokh Conspiracy
November 18, 2005
http://volokh.com/archives/archive_2005_11_13-2005_11_19.shtml#1132295465
“...”Whenthe 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 KuwaitiGun Prohibition
David Kopel
The Volokh Conspiracy
November 18, 2005
Gun NewsDaily links to an article from Arab Times reporting that Kuwait has raised thepenalty for gun possession from a five year sentence to a ten year sentence.
Luther and theChristian 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 didnot imagine, at least in earthly world before the end of time, some utopia freeof violence. To the contrary, he recognized that violence (from wolves and fromhuman predators) existed, and he insisted that good Christians had a duty touse force to defend their neighbors against such violence.
Kristallnacht and ArmsControl
David Kopel
The Volokh Conspiracy
November 9, 2005
http://volokh.com/archives/archive_2005_11_06-2005_11_12.shtml#1131557897
In NaziFirearms Law and the Disarming of the German Jews (Arizona Journal ofInternational & Comparative Law), Stephen Halbrook details howKristallnacht was the culmination of years of Nazi success in disarming theiropponents by using the “moderate” gun licensing and registration laws.
David Kopel
The Volokh Conspiracy
OtherFederal Appellate Judges on Machine Guns:
http://volokh.com/archives/archive_2005_10_30-2005_11_05.shtml#1130879166
JudgeAlito’s dissent persuasively argued that the Supreme Court’s precedent in Lopezmeant that Congress could not ban the simple possession of machine guns—atleast not without an assertion of a basis of federal jurisdiction andCongressional findings about the effects of machine guns on interstatecommerce. While Judge Alito’s dissenting opinion did not carry the day, thedissent was hardly an outlier among federal judges.
SecondAmendment 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
JudgeAlito is not the only circuit court justice to offer a view of the use of theInterstate Commerce Clause for firearms regulation.
New Bond: I hate guns
The Evening Standard(UK)
October 25, 2005
http://www.thisislondon.com/showbiz/articles/20728233?source=PA&ct=5
DanielCraig will have a problem playing the new James Bond—because he hates guns.
Gun grabbers don’tlike facts
Jill “J.R.” Labbe
PittsburghTribune-Review
Thursday, October 27, 2005
http://www.pittsburghlive.com/x/search/s_388009.html
“Just asblood did not run in U.S. streets after the expiration of the assault weaponsban, society won’t crater now that lawsuits can’t be filed against gun makersand distributors for the misuse of their products in a crime.”
Gun Laws Fall Short InWar On Crime
Robert Wainwright
The Sydney MorningHerald
October 29, 2005
Gunownership is rising and there is no definitive evidence that a decade ofrestrictive firearms laws has done anything to reduce weapon-related crime, accordingto NSW’s top criminal statistician.
Gun Owners to HaveStorage Facilities Inspected
ABC Western Queensland
October 27, 2005
http://www.abc.net.au/news/items/200510/1492053.htm?westqld
WesternQueensland gun owners will face a police safety audit to ensure their weaponsare being stored correctly.
Don’t blame U.S. forgun crime, Canada told
Campbell Clark
The Globe and Mail(Canada)
October 27, 2005
http://www.galleryofguns.com/shootingtimes/Articles/DisplayArticles.asp?ID=7606
Theclaimed number of smuggled guns cited by in a lawsuit is unsubstantiated, theU.S. ambassador said while commenting on the case.
Iraqi women take uparms
Sharon Behn
Washington Times
October 24, 2005
http://washingtontimes.com/world/20051024-122030-5697r_page2.htm
“Whilemost Iraqi women live in fear of terrorists and criminals, one small band ofwomen has taken up arms and is prepared to fight back.”
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
November14 Padraig Nally, a farmer in County Mayo, Ireland, received six years forfatally shooting one of the intruders who had repeatedly robbed his barn.
The Nallycase has generated huge attention in Ireland, and is developing into an Irishversion of the Tony Martin case. The Nally support group website is here:
Note: Asin the Martin case, the shooting was, arguably, unjustifiable even underAmerican standards. Nevertheless, the case is flashpoint for a national debateon ensuring that people have the legal right to use force against homeinvaders. Fine Gael, the main oppositionparty, has announced that it will support changing Irish law to better protectthe right of home defense. In some rural areas, police presence innon-existent, and so burglars act with impunity.
Regulations on AirsoftGuns Insufficient
Yukako Fukushi
Daily Yomiuri (Japan)
November 3, 2005
http://www.yomiuri.co.jp/dy/national/20051103TDY04004.htm
This columncalls for tighter regulations on low-powered plastic pellet-firing replicafirearms.
Tories push forgreater 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
“TheConservatives have launched a bid to allow people to take tougher measures to defendtheir property against burglars.”
Looking Back:Multilateral Arms Transfer Restraint: The Limits Of Cooperation
James A. Lewis
Arms ControlAssociation
November, 2005
http://www.armscontrol.org/act/2005_11/NOV-LOOKINGBACK.asp
Thisarticle acknowledges the futility and perverse effects of the internationalcampaign against gun owners.
The Background of theGun Control Fight at the United Nations
The InfoZone
http://www.theinfozone.net/salw1.html
This is auseful source for data on the current push for international gun control.
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 isnot going to stop criminals from obtaining guns,’ said Gwen Patton, mediaspokeswoman for the Pink Pistols, a LGBT shooting club and gun advocacy groupwith local chapters across the nation, including San Francisco.”
Voters Say No toFirearms 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 totheir left-leaning reputation, San Francisco voters decided by a wide margin toban the possession of handguns within city limits.”
Bill IntroducedRegarding Gun Confiscations during Emergency
Press Release
United Sportsmen ofFlorida
October 25, 2005
http://armsandthelaw.com/archives/2005/10/fla_bill_introd.php
In thewake of New Orleans, Florida Representative Mitch Needelman filed legislationto preserve citizens’ 2nd Amendment rights during emergencies.
NRA shooting for moregun-friendly laws
Jim Saunders
Daytona BeachNews-Journal
November 3, 2005
http://www.news- http://www.freerepublic.com/focus/f-news/1515058/posts
Floridalawmakers have filed an NRA-backed measure aimed at ensuring gun owners cankeep firearms in their locked vehicles while they are at work.
Inflammatory LanguageWon’t Settle Illinois Gun Concerns
Pantagraph Editorial
Pantagraph.com
November 10, 2005
http://www.pantagraph.com/stories/111005/opi_20051110001.shtml
“Outlandishcomments from a representative of the national Brady Campaign to Prevent GunViolence won’t help gun-control issues in Illinois.”
House Blocks AttemptTo Resurrect Gun Measure
CBS2Chicago.com
November 3, 2005
http://cbs2chicago.com/topstories/local_story_307190518.html
“An effortto override Gov. Rod Blagojevich’s veto of a law regarding transportation ofguns fell just short of success. The vote was 67-44, but the override needed 71votes to pass.”
Lawmaker Pushes toHave Storm Victims’ Guns Returned -
Dan Turner
The Shreveport Times
November17, 2005 http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20051117/NEWS01/511170315/1002
“Louisiananeeds to apply pressure to get law enforcement agencies to return firearmsconfiscated from hurricane victims, says state Rep. Steve Scalise, R-Metairie.”
Officials Want to KeepGun Exemption
Steve Timko
Reno Gazette Journal
November 9, 2005
http://news.rgj.com/apps/pbcs.dll/article?AID=/20051109/NEWS07/511090359/1010/NEWS
“More than20,000 Nevadans with permits to carry concealed weapons will be able tocontinue to buy guns without submitting to background checks required byfederal law under a plan outlined this week by a statewide law enforcementgroup.”
In NewJersey and Virginia Common Sense Gun Policy Candidates Prevail
PressRelease
November 8, 2005
U.S.Newswire (Brady Campaign)
http://releases.usnewswire.com/GetRelease.asp?id=56404
“This is asign of where America is going. The National Rifle Association got a ‘wake upand smell the coffee’ message tonight. Their agenda has been rejected by thevoters in two major states. They need to pay attention to the shift in thepolitical winds.”
Bill to Allow LoadedGuns in Cars Is Back
Joseph M. Dougherty
Deseret Morning News
November 10, 2005
http://deseretnews.com/dn/view/0,1249,635160065,00.html
“Sen. MarkMadsen, R-Lehi, is sponsoring the bill, which essentially extends to a person’scar the permission of having loaded guns in the home.”
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
“Wisconsinlawmakers should not declare most public places off-limits to individualscarrying concealed guns, a Texas lawmaker and gun advocate said today.” The representative was Susan Gratia Hupp, whose parents were murdered in theKilleen massacre because of (now-repealed) restrictions on gun carrying inTexas.
AssemblyPanel Votes To Pass Conceal Carry Bill: Gun Ban In Child Care Centers Rejected
Patrick Marley
Milwaukee JournalSentinel (WI)
November 9, 2005
http://www.jsonline.com/news/state/nov05/368965.asp
“ARepublican-controlled Assembly committee approved a bill Tuesday that would allowpeople to carry concealed weapons, after rejecting a Democratic amendment thatwould have barred guns in child care centers.”
ATF Testing Procedures
William J. Krouse
BATFE via theCongressional Research Service
October 19, 2005
http://www.jpfo.org/ATFguntests.pdf
(PDF format requiresAdobe Acrobat Reader)
Thisdocument explains how the Bureau of Alcohol, Tobacco, Firearms and Explosiveshas no set testing procedures or printed standards for their evaluations offirearms under U.S. laws. The procedures are, then, essentiallyarbitrary.
BATFE Fails the Test
http://www.jpfo.org/batfevideo.htm
New videofrom JPFO shows the extreme unfairness and lawlessness of BATFE prosecutions ofpeople for possessing “machine guns,” which are in fact ordinary guns which theBATFE has been able to force to malfunction.
Halbrook Reviews Rightto Bear Arms
Ari Armstrong
Colorado FreedomReport
November 15, 2005
http://www.freecolorado.com/2005/11/halbrook.html
Nextmonth, Stephen Halbrook will take on some of Denver’s gun ordinances in a casebefore the state’s Supreme Court. He discussed this and many other matters in apresentation at Denver University law school.
Read thereview and listen to an mp3 audio recording of an interview with Halbrook at:
http://www.freecolorado.com/2005/11/halbrook.mp3
How SamuelAlito Took a No-Brainer Case and Stepped Way, Way Out of the Mainstream
Press Release
U.S. Newswire (BradyCampaign)
November 1, 2005
http://releases.usnewswire.com/GetRelease.asp?id=55965
The BradyCampaign’s celebrated take on Supreme Court Nominee Samuel Alito’s view onCongress’s use of the Interstate Commerce Clause of the Constitution forfirearms regulation. See Dave’s blog posts on the subject above.
Lawyers, Guns, andMoney
Confederate Yankee
November 7, 2005
http://confederateyankee.mu.nu/archives/131566.php
Thisblogger dissects the Brady Campaign’s claim that a homeless man illegallypurchased a shotgun later used by a felon to murder a sheriff’s deputy.
Appeals court tossesdefaced gun law
Steve Patterson
Chicago Sun-Times
November 15, 2005
http://www.suntimes.com/output/news/cst-nws-gun15.html
TheAppellate Court of Illinois declared unconstitutional a law that treatedpossession of a firearm with its serial number defaced as proof that thepossessor had committed the crime of defacing it.
LawsuitChallenges Handgun Ban in City: Plaintiffs say Prop. H Steps beyond LocalGovernment Authority, Treads on State Turf
Bob Egelko and CeciliaM. Vega
The San FranciscoChronicle
November 10, 2005
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/10/HANDGUNS.TMP
“Gun ownersand advocates wasted little time Wednesday in challenging San Francisco’s newlyenacted prohibition on handgun possession by filing a lawsuit in the same courtthat tossed out a local handgun ban 23 years ago and vowing to, if necessary,use shotguns to protect themselves.”
The SecondAmendment Foundation and the National Rifle Association have filed
a jointsuit lawsuit against the San Francisco ban. Their petition for a writ ofmandate is at:
http://www.saf.org/san.francisco.lawsuit/petition_for_writ_of_mandate.pdf
Have Gun,Can’t Travel: The Right to Arms under the Privileges and Immunities Clause ofArticle IV
NelsonLund
Universityof Missouri-Kansas City Law Review, Vol. 73, No. 4 2005 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=828592
(PDFformat requires Adobe Acrobat Reader)
Thearticle describes how legal carriers a firearm in one state have beenprosecuted for crossing a state line in possession of their firearm.
Gun News Daily Com
“A DailyInternet News Publication by the San Diego Rifle and RevolverAssociation... This site sponsored and funded by the San Diego Rifle AndRevolver Association as a service to all those who cherish their freedom.”
ThanksgivingDay has come and gone, but the day teaches some lessons which apply throughoutthe year.
Awonderful article by Melanie Kirkpatrick in the November 22 Opinion Journaldetails the history of the
Thanksgivinghymn “We Gather Together.”
http://www.opinionjournal.com/la/?id=110007583">wonderfularticle</a
Originallywritten in Dutch for an already-familiar melody
http://www.hymnsite.com/lyrics/umh131.sht,
the hymnwas a celebration of the victory of the Dutch (who were Calvinists) at the 1597cavalry Battle of Turnhout, in their decades-long war for national independenceagainst Catholic Spain. Turnhout was the first time the Dutch had defeated theSpanish in an open-field battle. JohnLothrop Motley explained the significance of Turnhout, in his 1860 masterpiece“History of the United Netherlands, 1597-98”, explained the significance ofTurnhout:
http://en.wikipedia.org/wiki/John_Lothrop_Motley
http://worldebooklibrary.com/eBooks/Gutenberg/etext04/jm69v10.htm
Thetrue and abiding interest of the battle is derived from is moral effect, from itsinfluence on the people of the Netherlands. And this could scarcely beexaggerated. The nation was electrified, transformed in an instant. Who now should henceforth dare to say that one Spanish fighting-man was equalto five or ten Hollanders? At last the days of Jemmingen and Mooker-heathneeded no longer to be remembered by every patriot with a shudder ofshame. Here at least in the open field
aSpanish army, after in vain refusing a combat and endeavouring to escape, hadliterally bitten the dust before one fourth of its own number. And thiseffect was a permanent one. Thenceforth for foreign powers to talk of mediationbetween the republic and the ancient master, to suggest schemes ofreconciliation and of a return to obedience, was to offer gratuitous andtrivial insult, and we shall very soon have occasion to mark the simpleeloquence with which the thirty-eight Spanish standards of Turnhout, hung up inthe old hall of the Hague, were made to reply to the pompous rhetoric of aninterfering ambassador.
Becausethe Dutch won the war, they were able to build in the 17th centurythe first nation in the modern world which practiced religious tolerance. Thereligious freedom which we enjoy today in the United States was won for us, inpart, by the brave cavalrymen of Prince Maurice’s army who risked (and, in somecases, lost) their lives against the larger Spanish force.
LikePassover, Thanksgiving is a time to reflect on the debts of thanks we owe toprevious generations which fought (in various ways, including literally) forfreedom, and, especially, to God for leading them in their fight. Thanksgivingin 2005 is also an especially appropriate time to reflect on our owncontemporary obligations to ensure that the sacred light of religious freedom isnever extinguished, as our nation is now engaged in a world-wide war against anenemy determined to destroy that freedom.
We gather together to ask the Lord’sblessing,
He chastens and hastens His will to makeknown;
The wicked oppressing now cease fromdistressing,
Sing praises to His name - He forgets notHis own.
Beside us to guide us, our God with usjoining,
Ordaining, maintaining His kingdom divine,
So from the beginning the fight we werewinning;
Thou, Lord, wast at our side, all glory beThine.
Weall do extol Thee, Thou Leader in battle,
Andpray that Thou still our defender wilt be.
LetThy congregation escape tribulation!
Thyname be ever praised! O Lord, make us free!
Thisnewsletter is compiled with help from Dr. Rob S. Rice. Dr. Rice’s newestnon-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, andfactotum of matters electronic to Dave Kopel.
Al Qaeda delenda est!
Could you remove the email address at the top, please?
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