Second Amendment Newsletter: Dave Kopel

Kopel Newsletter []
Sent: 6/5/2009 3:44:53 PM

Dave Kopel’s Second Amendment Newsletter

June 5, 2009
Dave Kopel’s Second Amendment Project is based at the Independence Institute,
a free-market think tank in Golden, Colorado.

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.
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Please visit Dave Kopel’s website, containing articles on the Second Amendment and other freedom topics.

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Table of Contents

  1. New by Kopel: Sotomayor; Nordyke v. King; No on Koh; Still More No on Koh; ‘Assault Weapons’ Ban; 10th Circuit on Firearms; Judge Wilkinson’s Errors on Heller; Journal on Firearms & Public Policy; Necessary and Proper Clause; Podcasts on Sotomayor; Nordyke, the Iliad; Chicago 7th Circuit Decision; Montana Firearms Freedom; Dave Debates Ken Gordon on TV on Nullifying the Electoral College
  2. Important Announcements! Alcohol, Tobacco, AND Firearms! Freedom Underground Symposium: Firing the Nanny (State), And… Dr. Rice Launches Web Page, Millions Affected! Or maybe just him…
  3. International: Koh wants to Ban International Firearms Trade; Canadian Gun Permit Prurience; Red Chinese Have Gun Problem; Germany Passes New Restrictions; Irish will have More Legal Guns; Mexican Border Sweeps Not Finding Guns; Tancredo weighs in on ‘90%’; UK Golfers Arrested for Taking Swings at Attackers
  4. Public Opinion, Culture & Media: The NRA Convention in Phoenix; Christian Science Monitors RKBA Bloggers; Gallup Finds Low Gun-Ban Support; AHSA ‘Rethinks’ RKBA Positions; Obama disappoints Brady Campaign; Failed War on Drugs leads to War on Guns; Philadelphia Gun Shop Protest Criminals; Anti-RKBA Former Surgeon General Indicted; LaPierre debates Rendell on CBS; ABC’s Laughable ‘Mass Shooting’ Simulation; Gun Group Hindered on Pennsylvania Campus? Barone on Elites vs. People on Guns and Climate; More on Gun-Free Zones
  5. Federal: Interior Department on Guns in National Parks; Democrats Giving Up Anti-RKBA; Obama Spares Tiahrt Amendment; New Bill on VA ‘No Gun’ List; RKBA Restoration for Minor Convictions; ‘Gun Show Loophole’ Re-Re-Redux; Tell the USAF about Your Guns
  6. States: Pro-Gun California City Attorney; D.C. having to cope with Legal Guns; Montana ‘Castles’; From Brady to NYC D.A?; OK allows trans-state Purchase; Texas Cracks Down (More) on Illegal Gun Trade; The NY Nunchaku Case
  7. Courts: RKBA Supporters Scared of Sotomayor; Gun Goes Off, +10 Years; SAF Sues California Sheriffs; No Guns on Colorado Campus; NRA vs. Chicago; Massachusetts Court Calls Banned Gun Possession ‘A Victimless Crime’; NJ Gun Rationing; NRA Sues Pittsburgh over ‘Report Stolen’ Law
  8. Research: VPC’s Figures Tell Pro-RKBA Tale; Brady Campaign Won’t Correct Article’s Outright Errors

New by Kopel


Sonia Sotomayor versus the Second Amendment

David Kopel
The Volokh Conspiracy
May 26, 2009

Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.

Sotomayor vs. the Second Amendment, Part II

David Kopel
The Volokh Conspiracy
June 2, 2009

The opinion in Maloney v. Cuomo is not a good example of intellectual rigor. When a judge treats a constitutional right as non-fundamental—yet cites no legal authority, and does not even acknowledge that the issue has been raised on appeal—it raises the possibility that the judge may be hostile to that right. There is a dedicated entry on the Maloney case below.

Highly Dubious Claim against Sotomayor

David Kopel
The Volokh Conspiracy
May 26, 2009

The blog article which created this item has a small tag on the article which says “satire.”

Should Repubs. Fight Sotomayor? Left Bloggers say No; Righties Split

David Kopel
The Volokh Conspiracy
May 27, 2009

“I voted ‘Yes,’ and wrote: ‘The Democrats who tried to block Roberts and Alito appear to have suffered no adverse consequences. [And, I should have added, neither did the Dems. who filibustered Miguel Estrada, who, like Sotomayor, is a Hispanic with an impressive life story.] Sotomayor is on the wrong side of fairness, empathy, the Constitution and the American people in regards to firearms ownership (Maloney v. Cuomo; United States v. Sanchez-Villar); wealthy people using the government’s eminent domain power to extort money from small business (Didden v. Village of Port Chester); and a racial spoils system for government employees (Ricci v. DeStefano).’ ”

Sonia Sotomayor

Dave Kopel with Amy Oliver
The Amy Oliver Show on KFKA Radio
May 27, 2009

Dave and Amy talk about President Obama’s first, controversial, nomination of a judge to serve upon the Supreme Court of the United States.

National Parks

Respecting States’ Wishes

David B. Kopel
Room for Debate, a Blog of the New York Time
May 22, 2009

One of eight voices split on either side of the issue, Dave argues that state law will now regulate the practice of the Right to Keep and Bear Arms in the national parks, rather than national fiat.

Guns in Parks: The Hoplophobes’ Travel Guide to the United States

David Kopel
The New Ledger
May 29, 2009

Dave provides here a retrospective examination of the entire discussion on the New York Times blog, including analysis of the readers’ comments posted afterward. He then provides a helpful series of itineraries for those so affected by hoplophobia, the irrational fear of weapons, that they cannot transit entire areas in which legally-carried firearms might be present.

Nordyke vs. King

The State of Heller

Dave Kopel
America’s 1st Freedom
June, 2009
PDF files require Adobe Acrobat Reader or similar software.

Dave here examines the 9th Circuit’s Nordyke decision, which held that the Second Amendment is enforceable against state and local government.

9th Circuit’s Ruling Applies 2nd Amendment to States

Dave Kopel
Dave Kopel’s Second Amendment Podcast
April 20, 2009

Dave explains Nordyke v. King, in which the Ninth Circuit held that the 2nd Amendment is incorporated by the 14th.

Other Topics

The No on Koh Letter

David Kopel
The Volokh Conspiracy
May 20, 2009

Dean Koh is an excellent writer and an impressive scholar. But his legal vision is for a substantial diminution of the sovereignty of the American people, and as Legal Advisor to the State Department, he would have tremendous power to advance that vision. As Dean Koh has explained, his writings on transnationalism are not merely descriptive; they are also a strategy for activists. Of course Dean Koh has the right to advocate as sees fit. The Constitution, however, requires that major presidential appointees must earn the Advice and Consent of the United States Senate. The Senate’s duty to be especially careful on Advice and Consent would seem to be at its apex when an appointee’s record shows a long-standing determination to weaken the existing constitutional sovereignty of the United States of America.

Koh, No!

David Kopel
America’s 1st Freedom
July, 2009

President Barack Obama continues to fill his administration with devout gun-ban advocates, this time appointing transnationalist Harold Koh as legal adviser to the Department of State.

The Pieces Fall into Place

Dave Kopel
America’s 1st Freedom
May, 2009

With Gil Kerlikowske, President Obama continues the trend of appointing anti-gun activists to important positions in his administration.

The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error

David B. Kopel
Denver University Law Review
Vol. 86, 901, 2009
PDF files require Adobe Acrobat Reader or similar software.

Here is the final text of Dave’s article in the Denver University Law Review’s annual survey of the 10th Circuit Court of Appeals.

Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III

David B. Kopel with Nelson Lund
The Virginia Journal of Law and Politics

Critique of 4th Circuit Court of Appeals Judge Wilkinson’s Virginia Law Review article asserting the D.C. v. Heller is a 21st century version of Roe v. Wade. Here is the updated, near-final version.

Journal on Firearms and Public Policy

David Kopel
The Volokh Conspiracy
May 20, 2009

The Journal on Firearms & Public Policy, published by the Second Amendment Foundation, is an annual interdisciplinary journal. It publishes a mix of original articles, and reprints of important articles published elsewhere. Among the the authors of original articles who may be best-known to newsletter subscribers are Gary Kleck, James Jacobs, Roy Wortman, Gary Mauser, Clayton Cramer, Andrew McClurg, and David Beito. I am happy to announce that 14 of the 20 volumes are now available on-line, with most of the remainder coming soon. The URL for the Journal’s archive is here:

The Necessary and Proper Clause: An Explanation

Dave Kopel with Rob Natelson
Dave Kopel’s Second Amendment Podcast
May 14, 2009

Dave interviews University of Montana law professor Rob Natelson about the proper interpretation of the clause.

7th Circuit Court of Appeals Handgun Ruling

Dave Kopel with Jon Caldara
Dave Kopel’s Second Amendment Podcast
June 4, 2009

In an interview with Jon Caldara, Dave explains the new decision in NRA v. Chicago.

The Montana Firearms Freedom Act

Dave Kopel with Amy Oliver
Dave Kopel’s Second Amendment Podcast/KFKA Radio
June 4, 2009

Dave explains the new Montana law which attempts to exempt guns which are made and sold intra-state from the application of federal gun laws which were enacted under the federal power over interstate commerce.

Should Colorado Join the Interstate Compact which Attempts to turn the Electoral College into a National Popular Vote?

Dave Kopel with Ken Gordon
Independent Thinking
April 10, 2009

Dave Kopel and former State Senator Ken Gordon debate the issue on KBDI Public Television’s Independent Thinking. Kopel argues that the Electoral College is superior, and that, in any case, the compact is unconstitutional. Part 2 is here:; Part 3 is here:

Important New Translation of Homer’s Iliad

Dave Kopel with E. Christian Kopff
Dave Kopel’s Second Amendment Podcast
May 29, 2009

Homer’s masterpiece has been around since 800 BC, and adored ever since. Professor E. Christian Kopff of CU-Boulder recently wrote the introduction to the new translation of the Iliad; Dave interviews him about why this new version is important.

Important Announcements!

The Independence Institute’s 7th Annual Alcohol, Tobacco & and Firearms Party

Press Release
The Independence Institute
June 20, 2009

This annual event, in which all three of the above shall be indulged in proper sequence, features as a guest speaker Sam Wurzelbacher, AKA “Joe the Plumber.” Tickets sell QUICKLY.

Freedom Underground Symposium

Press Release
The Independence Institute
June 19, 2009

Dave and other regional and national thinkers shall discuss ways to resist Nannyism and the Nannyist state at the Warwick Hotel in Denver. The page contains registration costs and information.

Dr. Rice Announces Author’s Web Site!

Rob S. Rice
Informational Web Page
May 3, 2009

At last, the strange, sinister figure in between Dave and this newsletter sidles out from the shadows with an official author’s web site, as suggested long ago by… Dave! Upon this opaque sheet of photons shall you find samples of Dr. Rice’s historical prose, Dr. Rice’s hysterical comedic prose, his non-prose, his outright fabrications, and… one… song… Survivors will also find contact information, guides as to where to purchase Dr. Rice’s codified creativity, and with him explore the limits of good taste and self promulgation!


Koh’s Goal for the Legal Trade in Arms: Ban It

Theodore Bromund
The Heritage Foundation
May 11, 2009

“Harold Koh, the nominee for Legal Adviser to the State Department, supports ‘the global regulation of small arms’ and a ‘global gun control regime.’ And he believes it is ‘needlessly provocative’ for any U.S. representative to refer to the right to bear arms when speaking to a foreign audience: the very mention of the Second Amendment, apparently, is offensive. ”


Want a Gun Permit? Tell us About Your Sex Life

George Jonas
National Post (Canada)
April 15, 2009

“Before renewing his gun permit in 2007, the authorities decided to inquire into Lemieux’s bedroom history. Did he divorce anyone in the last two years? Did he break up with a girlfriend? If yes, use a separate sheet to explain.”


Staring Down the Barrel: the Rise of Guns in China

James T. Areddy
The Wall Street Journal
October 14, 2008

“China may be freer from gun crime than many nations, and official statistics show overall crime on a continuous down trend. Yet, these days, reports about gun crimes turn up as often as several times a week even in the tightly controlled state-run media.”


Germany Moves to Tighten Laws over Gun Control

Associated Press
May 28, 2009

“Germany’s cabinet approved legislation that would tighten gun restrictions, two months after a teenager shot and killed 12 people. The law, which requires parliamentary approval, would mean stricter checks on weapons owners and a higher age limit for users of large-caliber weapons.”


Handgun culture increasing in the State, says Deasy

Michael O’Regan
May 29, 2009

“Current licensing laws could mean 10,000 legally held handguns in the State over the next five years, John Deasy (FG) told the Dáil. ‘I believe society does not want that,’ he added.”


Southbound Checks at Border Yield Few Guns

Associated Press
May 17, 2009

“The findings? Wads of U.S. currency headed for Mexico, wedged into car doors, stuffed under mattresses, taped onto torsos, were sniffed out by dogs, seized by agents and locked away for possible investigations. No guns were found as the reporters watched; they rarely are.”

Why the Lies About Guns Going to Mexico?

Rep. Tom Tancredo
Human Events
April 30, 2009

“Mexico needs to face its own demons, beginning with the corruption within its law enforcement agencies and at its ports of entry. The U.S. can help in many ways, such as enhancing our own border security. But adding more restrictions on the ownership of guns by law-abiding Americans will not help Mexico.”

United Kingdom

Golfers Arrested after Fighting off Gang Attempting to Steal Clubs

The Telegraph (UK)
May 12, 2009

“A group of golfers have been arrested on assault charges after allegedly fighting off a gang who attempted to steal their clubs.”

Public Opinion, Culture, & Media

Facts from the NRA Convention

“Bitter Bitch”
Bitchin’ in the Kitchen: Food, Politics, and Comfort Food for the Soul
May 19, 2009

A blogger present reports some interesting and encouraging statistics from the NRA Convention held this May in Phoenix, Arizona.

Before Recent Shootings, Gun-Control Support was Fading

Lydia Saad
Gallup, Inc.
April 8, 2009

In this curiously worded and framed article, Ms. Saad expresses frequent surprise that in the light of shootings of the defenseless by the armed, American support for a ban on legal firearms is at an all-time low.

A Rifle in One Hand, a Laptop in the Other. Behind the Scene with Pro-gun Bloggers

Patrik Jonsson
The Christian Science Monitor
May 16, 2009

An even-handed survey of the presence, role, and effectiveness of the bloggers present at the NRA convention in Phoenix, with some interesting analysis.

The Myth of 90 Percent: Only a Small Fraction of Guns in Mexico Come from U.S.

Jacob Sullam
April 22, 2009

“The futile effort to stop Americans from consuming politically incorrect intoxicants is the real source of the violence in Mexico, since prohibition creates a market with artificially high prices and hands it over to criminals. ‘Because of the enormous profit potential,’ two senior federal law enforcement officials told the Senate Judiciary Committee last month, ‘violence has always been associated with the Mexican drug trade as criminal syndicates seek to control this lucrative endeavor.'”

Brady Campaign Rhetoric Then and Now: What a difference Six Months Makes

Kurt Hoffman
The St. Louis Examiner
May 21, 2009

What the Brady Campaign hoped to obtain from the Obama Administration and the Democrat-controlled Congress and what it has received so far are very different things.

AHSA 2.0: A New Beginning?

‘Dreams of Our Trailers’ Blog
May 24, 2009

The American Hunters and Shooters Association, a group generally considered to be a means of dividing pro-RKBA sportsmen, has announced that it is revising irs previous support for an ‘Assault Weapons’ ban and other legislation popularly considered antithetical to civilian firearms ownership.

Mennonite Preacher among those Arrested in Phila Gunshop Protests

Ken Ellingwood and Tracy Wilkinson
Pocono Record
May 24, 2009

“‘He purposely outraged people by doing stuff that was not acceptable in order to be able to create a new paradigm,’ Kauffman said. ‘I felt like that’s what I was doing. It’s so obvious we have problem and we have to… challenge the accepted way of doing things.’ ”

Phila. Gun-shop Protesters Acquitted

Vernon Clark
The Philadelphia Inquirer
May 27, 2000

“‘After the verdict, defense attorney Lawrence Krasner said, ‘Justice was done. I hope Mr. Colosimo thinks twice before he continues to do what he has been doing.'” Mr. Colosimo is the owner of the Philadelphia gun shop.

Another Corrupt Anti goes Down

Gun Legislation & Politics in New York Blog

Antonia Novello is a former New York health commissioner and was the U.S. surgeon general from 1990 to 1993. In 2004 she spoke at a rally of the anti-RKBA ‘Million Mom March’ rally. On May 12, 2009, General Novello was charged with twenty counts of fraud and abuse of her office as New York State Health Commissioner.

Heated Debate Over Assault Weapons

CBS Interactive
“Face the Nation” Website
April 19, 2009

“Governor Ed Rendell (D-Penn.) and the executive vice president of the National Rifle Association Wayne LaPierre engaged in a heated debate over the assault weapons ban on this morning’s Face The Nation.”

Debunking ABC’s 20/20 Episode “If I Only Had a Gun”

Rantings of the Last Skysurfer Blog
April 11, 2009

ABC’s laughable ‘demonstration’ that an armed civilian would be helpless against a putative mass-shooter receives here a thorough de-bunking.

Student says CCAC is Trying to Thwart Gun Advocacy Group

Bill Schackner
Pittsburgh Post-Gazette
May 28, 2009

“A Community College of Allegheny County student yesterday publicly accused the school of trying to stop her from organizing a group advocating the right to carry concealed firearms on campus.”

Elites out of Touch on Guns and Climate

Michael Barone
The Detroit News
May 26, 2009

Michael Barone discusses the Gallup poll treated above and cites it as an example of a growing divide between the putative leaders and followers of American political culture.

Gun Free School Zone Follies

David Rittgers
Cato @ Large Blog
May 18, 2009

Two recent examples—intruders at a birthday party and an accosted bicyclist—illustrate the unfortunate requirements of those who defend themselves to be prosecuted due to the location of their means to do so.


Interior Spokeswoman’s Statement on New Firearms Law for Parks and Refuges

Press Release
U.S. Department of the Interior
May 22, 2009

“The Department of the Interior will follow Congress’s directive and implement the new firearms law, which states that its provisions will take effect nine months from today. For the time being, the current Reagan Administration regulations governing possession of firearms in national parks and wildlife refuges remain in place…”

Democrats Hold Fire on Gun Control

Jim DiMascio
May 19, 2009

” ‘The NRA and its allies have succeeded in making the slippery slope argument stick,’ said Al Cross the Institute for Rural Journalism and Community Issues at the University of Kentucky. ‘Any form of gun control is a step in the direction of outlawing guns. People have heard that for so many years, it’s become a very hard thing for Democrats to go against.’ ”

Reaction from Anti-gunners to Obama’s Support for Law Enforcement on Gun Tracing is Telling

Dave Workman
The Seattle Examiner
May 12, 2009

“Because Barack Obama’s 2010 budget request reaffirms a federal statute – the so-called Tiahrt Amendment that protects sensitive gun trace data from the prying eyes of lawsuit-happy mayors and gun control lobby attorneys – gun prohibitionists are wailing and the press can’t even get it right.”

Moran Introduces Veterans Second Amendment Protection Act

Press Release
Rep. Jerry Moran

“Under current VA practice, veterans and other VA beneficiaries who have a fiduciary appointed to act on their behalf are deemed “mentally defective” and are reported to the FBI’s National Instant Criminal Background Check System (NICS), a system which prevents individuals from purchasing firearms. Moran’s legislation would require a judicial authority to determine that a VA beneficiary poses a danger to themselves or others before the VA may send their names to the FBI’s NICS.”

Tupak Re-Introduces Second Amendment Restoration Act

Press Release
Rep. Bart Stupak
April 29, 2009

“U.S. Congressman Bart Stupak (D-Menominee) has introduced legislation to restore the gun rights of individuals convicted of minor, non-violent crimes. H.R. 2153, the Second Amendment Restoration Act, ensures states have the discretion to restore individuals’ gun rights after conviction of minor crimes. The National Rifle Association (NRA) has endorsed the legislation.”

Lautenberg renews Push to Shut Gun Show ‘Loophole’

Jordy Yager
The Hill
April 21, 2009

“Several high-ranking senators led by Frank Lautenberg (D-N.J.) on Tuesday relaunched their push to require gun sellers to conduct background checks on purchases of all types of guns at state gun shows.”

Don’t be Gun Shy: Register Your Firearms!

Senior Airman Torri Larson
21st Space Wing Public Affairs
May 6, 2009

“There are many things to do when arriving at a new duty station: find a house, enroll the kids in school and register the car, among others. One duty many Airmen may overlook when residing in on-base housing is to register their privately-owned firearms.



Chuck Michel’s partner elected LA County Attorney

David Hardy
Of Arms and the Law Blog
May 21, 2009

” ‘This is a tremendous victory for the Second Amendment, because Trutanich’s opponent, rabidly anti-gun- owner Los Angeles City Councilmember Jack Weiss, works closely with the gun ban lobby to advance its agenda. Weiss had promised to work with other anti-gun-owner cities and the Obama Administration to pass ill-conceived gun bans and to overturn the Supreme Court’s ruling confirming your Second Amendment rights…’ ”

District of Columbia

Guns are up in D.C., Violence is Down

Don Surber
The Charleston Daily Mail (WV)
May 28, 2009

“With the ban gone, Mayor Adrian Fenty was forced to ask city council to change the law and crack down on illegal gun ownership, said Peter Nickles, attorney general for the district.”


Montana Lawmakers Have it Right with New Statute on Self-defense

Dave Workman
The Seattle Examiner
April 30, 2009

“The new statute squarely puts the law in the hands of the citizens, by plainly stating they have no duty to retreat if attacked in a place where they have a right to be. The law also allows armed citizens to use force or threaten the use of force when he or she reasonably believes an attack is about to occur, or to stop an attack already in progress.”

New York

District Attorney Candidate Unveils Gun Platform

Sewell Chan
The New York Times
May 4, 2009

Richard Aborn is the former president of Handgun Control, Inc., the current Brady Campaign. He is running for Manhattan District Attorney. This story provides details of Aborn’s five-point outline to oppose firearms-related violence in New York City. Aborn’s scheme is replete with measures against civilian firearms ownership.


Governor Signs Gun Legislation

News Channel 8, KTUL Tulsa (OK)
April 21, 2009

“Oklahoma Governor Brad Henry has signed into law a bill that allows Oklahoma hunters and gun collectors to purchase guns in other states without violating the law.”

South Carolina

SC measure asks Voters whether Hunting is a Right

Associated Press
April 21, 2009

“South Carolina voters may be asked whether their right to hunt and fish should be protected by the state constitution. The House voted 106-1 on Tuesday to approve a proposal that would allow voters to decide. The vote easily met the required two-thirds approval needed for a constitutional amendment.”


Gun-smuggling Bill Ready for Perry to Sign: Legislature Passes Measure Aimed at Stopping the Flow of Weapons to Mexican Drug Cartels

Matt Stiles
The Houston Chronicle (TX)
May 22, 2009

“While illegal gun trafficking is already a federal crime, the bill’s authors said they hope the legislation will give state authorities more tools to fight the problem, too.”


Gun Rights Groups are Wary of Sotomayor

Declan McCullagh
CBS News Political Hotsheet
May 27, 2009

“Dave Kopel of the free-market Independence Institute predicts that ‘Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.’ ”

Sonia Sotomayor on Gun Rights and Racial Preferences

Damon W. Root
Reason Online
May 26, 2009

“As a respected jurist with an impressive legal resume, Sotomayor appears just as qualified to sit on the Supreme Court as any recent nominee. But from the standpoint of individual liberty and limited constitutional government, there are significant reasons to be wary of her nomination.”

Court Upholds 10-Year Penalty for Robber’s Flub

Adam Liptak
The New York Times
April 29, 2009

The Supreme Court ruled that a bank robber who accidentally fired his pistol during a successful robbery must still serve the additional ten year penalty for discharging a firearm in relation to a crime.

SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California

Press Release
The Second Amendment Foundation
May 5, 2009

“In the action filed today, Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and Yolo counties, who reject the basic human right of self defense by refusing to issue ordinary people gun carry permits. Of course, violent criminals in the impacted counties continue to carry guns without police permission.”

SAF Challenges D.C. Handgun Ban Scheme

Press Release
The Second Amendment Foundation
March 9, 2009

“The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of ‘acceptable’ handguns approved by the State of California.”

Judge Dismisses Lawsuit over CU Gun Ban

John C. Ensslin
The Colorado Springs Gazette (CO)
March 27, 2009

“Miller found that the students incorrectly described the regents as a local government affected by the state’s concealed carry law. Rather, the regents are a statewide authority with their legislative powers. He also found nothing in the state constitution that would prohibit the regents from enacting a gun ban on campus.” The student group plans to appeal Miller’s ruling.

Nos. 08-4241, 08-4243 & 08-4244 National Rifle Association of America, Inc., Et Al., v. City of Chicago, Illinois, and Village of Oak Park, Illinois

Judges Frank H. Easterbrook, Judges Richard A. Posner and William J. Bauer
United States Court of Appeals for the 7th Circuit
June 2, 2009
PDF files require Adobe Acrobat Reader or similar software.

A three judge Panel of the 7th Circuit Court of Appeals has affirmed the previous rejection of the NRA’s suits against the city of Chicago and Oak Park on the grounds that the Heller decision is not binding upon the laws of the individual states and municipalities. Supreme Court nominee Judge Sotomayor was among the judges ruling to this effect in the appealed decision. The plaintiffs have announced an intention to appeal to the U.S. Supreme Court.

08-4241 : National Rifle Assoc v. City of Chicago

Public Access to Oral Argument recordings, Opinions, Unpublished Orders, and other Selected Case Materials
Seventh Circuit Court of Appeals
March 13, 2009

Here can be found a recording of the oral arguments in the NRA vs. Chicago case. Case Filings

Mark Taff
The Second Amendment Foundation

The Chicago case filings are online here.

SJC Calls Illegal Gun Possession Victimless

John R. Ellement
The Boston Globe (MA)
May 5, 2009

The Supreme Judicial Court yesterday ruled that illegal gun possession is a ‘passive and victimless crime’ and that those charged with having illicit firearms cannot be held without bail as a danger to society.

NJ Court weighs Jersey City’s Handgun Limits

Victor Epstein
Associated Press
April 27, 2009

“The legal discussion revolved around whether the 2006 ordinance improperly pre-empts existing state gun laws by limiting handgun purchases to one per person each month. At issue is the ability of urban communities such as Newark, Camden and Jersey City to reduce gun-related crime by more closely regulating handgun purchases.” The link between limiting purchases and reducing crime receives no substantiation in the story.

NRA Sues to Overturn Pittsburgh’s Lost, Stolen Gun Law

Jeremy Boren
Pittsburgh Tribune-Review
April 24, 2009

“One of the four plaintiffs, Richard Haid, 60, of Mt. Washington, said the law unfairly punishes law-abiding gun owners… ‘What about the gun I use to shoot tin cans? I haven’t seen it in weeks. It’s locked in a cupboard. Am I supposed to do an inventory every day to see if it’s stolen?’ Haid said.”

Maloney v. Rice: The Nunchaku Case

James M. Maloney
Informational Web Page
April 30, 2009

“The mere possession of nunchaku or ‘chuka sticks’ within one’s own home for peaceful use in martial-arts practice (or for home defense) by a person with no criminal record is classified as a misdemeanor that may carry up to a one-year prison sentence. Possession by a person who ‘has been previously convicted of any crime’ is defined as a felony. Based upon research that I have conducted, it appears that New York and California are the only states in the United States that have ever defined and prosecuted as a crime the simple possession of nunchaku within one’s own home. (Ironically, the nunchaku, which was originally a farm implement, was adapted for use as a weapon by the People of Okinawa after invading oppressive governments disarmed them, making it illegal to possess a sword or spear.)”


Violence Policy Center Proves that More Guns Means Less Violent Crime, Murder

Howard Nemerov
The Austin Examiner
May 20, 2009

“Suicide rates drive the difference between ‘gun death’ in VPC’s ‘strong’ and ‘weak’ gun law states, but since ‘weak’ states also have higher rates of non-gun suicide, VPC must either admit there are other causative factors besides gun availability, or admit that if more guns cause more suicides, then guns also cause less homicide and violent crime. As it stands right now, VPC’s own data proves that more guns in the hands of law-abiding citizens is an effective anti-crime tool.”

Brady Campaign: Biased, Inaccurate Research

Howard Nemerov
The Austin Examiner
April 12, 2009

“In May of 2007, the Brady Center, research arm of the Brady Campaign, published a report entitled No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools. Though nearly two years have passed, numerous inaccuracies remain which, having persisted this long in a publicly-accessible document, call into question the Brady Campaign’s ability to publish credible reports and/or their capacity for telling the truth.”

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this exsanguinous, yet rubicund individual, see here: E. Christian Kopff was Dr. Rice’s undergraduate advisor. Dave Kopel is Dr. Rice’s current employer. Kopel interviews Kopff! Koincidence?

Al Qaeda delenda est!

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10 Responses to “Second Amendment Newsletter: Dave Kopel”

  1. Posts about Mexico Violence as of June 6, 2009 | EL CHUCO TIMES Says:

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  2. mvymvy Says:

    The major shortcoming of the current system of electing the President is that presidential candidates concentrate their attention on a handful of closely divided “battleground” states. 98% of the 2008 campaign events involving a presidential or vice-presidential candidate occurred in just 15 closely divided “battleground” states. Over half (57%) of the events were in just four states (Ohio, Florida, Pennsylvania and Virginia). Similarly, 98% of ad spending took place in these 15 “battleground” states. Similarly, in 2004, candidates concentrated over two-thirds of their money and campaign visits in five states and over 99% of their money in 16 states.
    Two-thirds of the states and people have been merely spectators to the presidential elections. Candidates have no reason to poll, visit, advertise, organize, campaign, or worry about the voter concerns in states where they are safely ahead or hopelessly behind. The reason for this is the winner-take-all rule enacted by 48 states, under which all of a state’s electoral votes are awarded to the candidate who gets the most votes in each separate state.

    Another shortcoming of the current system is that a candidate can win the Presidency without winning the most popular votes nationwide. This has occurred in one of every 14 presidential elections.

    In the past six decades, there have been six presidential elections in which a shift of a relatively small number of votes in one or two states would have elected (and, of course, in 2000, did elect) a presidential candidate who lost the popular vote nationwide.


  3. mvymvy Says:

    The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).

    Every vote, everywhere, would be politically relevant and equal in presidential elections.

    The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes–that is, enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC).

    The Constitution gives every state the power to allocate its electoral votes for president, as well as to change state law on how those votes are awarded.


  4. mvymvy Says:

    What the Founding Fathers said in the U.S. Constitution about how electors should be awarded is: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .” The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as “plenary” and “exclusive.”

    Neither of the two most important features of the current system of electing the President (namely, that the voters may vote and the winner-take-all rule) are in the U.S. Constitution. Neither was the choice of the Founders when they went back to their states to organize the nation’s first presidential election.

    In 1789, in the nation’s first election, the people had no vote for President in most states, it was necessary to own a substantial amount of property in order to vote.

    In 1789 only three states used the winner-take-all rule.

    There is no valid argument that the winner-take-all rule is entitled to any special deference based on history or the historical meaning of the words in the U.S. Constitution. The winner-take-all rule (i.e., awarding all of a state’s electoral votes to the candidate who receives the most popular votes in a particular state) is not mentioned in the U.S. Constitution, the debates of the Constitutional Convention, or the Federalist Papers. The actions taken by the Founding Fathers make it clear that they never gave their imprimatur to the winner-take-all rule.

    As a result of changes in state laws, the people have the right to vote for presidential electors in 100% of the states, there are no property requirements for voting in any state, and the winner-take-all rule is used by 48 of the 50 states.

    The normal process of effecting change in the method of electing the President is specified in the U.S. Constitution, namely action by the state legislatures. This is how the current system was created, and this is the built-in method that the Constitution provides for making changes.


  5. mvymvy Says:

    The National Popular Vote bill has passed 28 state legislative chambers, including one house in Arkansas, Connecticut, Maine, Michigan, Nevada, New Mexico, North Carolina, and Oregon, and both houses in California, Colorado, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, Vermont, and Washington. The bill has been enacted by Hawaii, Illinois, New Jersey, Maryland, and Washington. These five states possess 61 electoral votes — 23% of the 270 necessary to bring the law into effect.



  6. mvymvy Says:

    In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state’s electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). The recent Washington Post, Kaiser Family Foundation, and Harvard University poll shows 72% support for direct nationwide election of the President. This national result is similar to recent polls in closely divided battleground states: Colorado– 68%, Iowa –75%, Michigan– 73%, Missouri– 70%, New Hampshire– 69%, Nevada– 72%, New Mexico– 76%, North Carolina– 74%, Ohio– 70%, Pennsylvania — 78%, Virginia — 74%, and Wisconsin — 71%; in smaller states (3 to 5 electoral votes): Delaware –75%, Maine — 71%, Nebraska — 74%, New Hampshire –69%, Nevada — 72%, New Mexico — 76%, Rhode Island — 74%, and Vermont — 75%; in Southern and border states: Arkansas –80%, Kentucky — 80%, Mississippi –77%, Missouri — 70%, North Carolina — 74%, and Virginia — 74%; and in other states polled: California — 70%, Connecticut — 73% , Massachusetts — 73%, New York — 79%, and Washington — 77%.


  7. Patrick Sperry Says:

    All noted, and I don’t have any disagreements with what you have presented.

    Now, for more than thirty years I have lived in “flyover” states, Colorado and Wyoming to be specific.

    Here’s my problem; We have a Bill of Rights to protect minorities. What do we do when the SCOTUS supports the Congress and POTUS that protects us from the mob called democracy?


  8. Second Amendment Newsletter: Dave Kopel Says:

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  9. Obama’s Secret Weapon against Gun Ownership; Sotomayor enters the arena « VotingFemale Speaks! Says:

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  10. lina yuliana Says:

    Very nice site. Keep up the great work!


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