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Dave Kopel’s Second Amendment Newsletter. December 23, 2002.

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 Project is based at the

Independence Institute, a free-market think tank in Golden,Colorado.


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:


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.



Disarming Uganda. The U.N. disarms the victims.

National Review Online. Dec. 11, 2002. With Paul Gallant & Joanne Eisen.


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.


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


Details from Sporting Shooters Association of Australia


b. Columbia

"The Guns of Opa-Locka"

by Jake Bergman and Julia Reynolds

December 2, 2002

The Nation

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.





We must be allowed to defend ourselves against burglars
By Alan Judd

The Telegraph
Dec. 2.



“Out of Sight is Safer”

British government responds to cellphone robbery by telling people

not to use cellphones in public.


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.


d. Israel

Up in Arms

Israelis Flock to Buy Guns, Pack Heat at Services

By Ian Urbina

Village Voice
November 27 - December 3, 2002

“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



U.S. State Department blocks sales of legal firearms to

licensed Jamaicans

3. Law

Supreme Court decision in the Bean case


Silviera v. Lockyer

Ninth Circuit nullifies the Second Amendment.


661116A4ECB1A7BE88256C8600544DCB/$file/0115098.pdf? openelement

Silviera analysis by:

Clayton Cramer


By Pejman Yousefzadeh



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.



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.


Delaware trial court issues summary judgment against

Wilmington’s abusive lawsuit against gun companies.


Ohio trial court rules that Cincinnati cannot sue

gun companies or associations headquartered outside Ohio.



4. Children

Larry Elder

November 29, 2002

Kids, guns, and Dr. Phil

Canadian school suspends students for boxing, while not on school property



Third grader accidentally brings bullet to school in a

Big container full of crayons, is expelled


4th-grader suspended for gun shell in pocket
World Net Daily
By Joe Kovacs

November 21, 2002 


Student suspended for carrying a stage prop firearm



5. History

Prized, No Longer
Columbia University rescinds Michael Bellesiles’s Bancroft Prize

By Melissa Seckora

National Review Online


Debunks claims that Bancroft Committee did not have prior warning

of Bellesiles fraud.

What Is Knopf Waiting For?

By Jerome Sternstein

History News Network.


Publisher Alfred Knopf destroys its credibility by continuing to

defend Bellesiles hoax book.

Latest developments in Bellesiles Hoax


(Note also some very interesting messages in the

Discussion Threads that follow the text.)


6. Culture

Gun Control myths: Part III

By Thomas Sowell

Michael Moore fact-check website


Spinsanity list of falsehoods in “Bowling”


Forbes list of frauds in “Bowling”


Moore Bowls Gutter Balls in Columbine Film

By Ari Armstrong

Colorado Freedom Report

The Pamela White Gun Challenge

By Ari Armstrong

Colorado Freedom Report

“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


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

Explains that examining the Second Amendment under “evolving

standards” of social norms makes the individual rights position even


Domestic violence gun law can affect soldiers careers
by Spc. Daniel W. Bailey and Cpl. Kyle J. Cosner
Army News Service

November 29, 2002


8. Politics

NJ Assembly Approves Smart Gun Measure
Bill calls for technology that doesn't exist yet

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.

National Campaign to Close the Newspaper Gun Loophole



9. Christmas Treats


It’s time to shoot Canada geese.

By James Swan

National Review Online

Dec. 4


There is a hunting season under Heaven.

By James Swan

National Review Online

Dec. 17


Guns, Freedom, And The Second Amendment

From the excellent weblog of Rachel Lucas


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.


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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., Denver, Colorado 80203 Phone 303-279-6536. (email)webmngr @ i2i.org

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