DOCSLIB.ORG

And More Gun Control)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
And More Gun Control) • SUBSCRIBE • RENEW • GIVE A GIFT • DIGITAL EDITION Print | Close The Case for More Guns (And More Gun Control) HOW DO WE REDUCE GUN CRIME AND AURORA-STYLE MASS SHOOTINGS WHEN AMERICANS ALREADY OWN NEARLY 300 MILLION FIREARMS? MAYBE BY ALLOWING MORE PEOPLE TO CARRY THEM. By Jeffrey Goldberg The Century 16 Cineplex in Aurora, Colorado, stands desolate behind a temporary green fence, which was raised to protect the theater from prying eyes and mischief-makers. The parking lots that surround the multiplex are empty—weeds are pushing through the asphalt—and the only person at the theater when I visited a few weeks ago was an enervated Aurora police officer assigned to guard the site. I asked the officer whether the building, which has stood empty since the night of July 20, when a former graduate student named James E. Holmes is alleged to have killed 12 people and wounded 58 others at a midnight showing of The Dark Knight Rises, still drew the curious. “People drive by to look,” he said, but “not too many.” The Aurora massacre is noteworthy, even in the crowded field of mass shootings, as one of the more wretched and demoralizing in the recent history of American violence, and I was surprised that the scene of the crime did not attract more attention. “I guess people move on,” he said. I walked up a slight rise that provided an imperfect view of the back of Theater 9, where the massacre took place, and tried to imagine the precise emotions the victims felt as the gunfire erupted. “The shooting started at a quiet moment in the movie,” Stephen Barton told me. He was shot in the opening fusillade. “I saw this canister-type thing, a smoking object, streak across the screen. I thought it was a kid with fireworks playing a prank.” Barton is 22 years old. He had been preparing to leave for Russia this fall on a Fulbright scholarship. “The first feeling I remember was bewilderment. I don’t remember having a single thought before I was shot, because I was shot early on. I was sitting in the middle of the row, toward the back. I got blasted in my head, neck, and face—my whole upper body—by shotgun pellets.” As he lay wounded on the floor by his seat, he said, his bafflement gave way to panic. “I had this unwillingness to accept that this was actually happening. I wanted to believe that there was no way that someone in the same room as me was shooting at people,” he said. “So it was disbelief and also this really strong feeling that I’m not ready to die. I’m at someone else’s mercy. I’ve never felt more helpless.” In the chaos of smoke and gunshots, Barton saw the emergency exit door open, and managed to escape into the parking lot. “If I hadn’t seen that door, I might not have made it,” he said. I left the theater and drove into Denver, to meet a man named Tom Mauser, who lost a son in the 1999 massacre at Columbine High School, 19 miles from the Aurora theater. Daniel Mauser, who was 15 years old when he died, tried to hide from the Columbine killers, Eric Harris and Dylan Klebold. Harris found the boy under a table in the school library. A classmate told The Denver Post shortly after the massacre, “Eric shot him once, and Daniel pushed chairs at him to try to make him stop, and Eric shot him again.” After the murder of his son, Tom Mauser became a gun-control activist. In the days after Columbine, advocates of more-stringent controls of firearms thought they could feel a shift in the culture. People were disgusted that Harris and Klebold, neither of whom was of the legal age to buy firearms, had found a way to acquire guns: an 18-year-old woman, a friend of the two shooters, bought three weapons legally at a gun show, where federal background checks were not required. After Columbine, Colorado closed its “gun-show loophole,” but efforts to close the loophole on the national level failed. The National Rifle Association and other anti-gun-control groups worked diligently to defend the loophole—misnamed, because while loophole suggests a small opening not easily negotiated, about 40 percent of all legal gun sales take place at gun shows, on the Internet, or through more-informal sales between private sellers and buyers, where buyers are not subject to federal background checks. Though anti-loophole legislation passed the U.S. Senate, it was defeated in the House of Representatives. On top of that, the 1994 ban on sales of certain types of semiautomatic weapons, known as the assault-weapons ban, expired in 2004 and was not reauthorized. After the Aurora shooting, gun-control activists who expected politicians to rise up in outrage were quickly disappointed. Shortly after the massacre, John Hickenlooper, the Democratic governor of Colorado, suggested that stricter gun laws would not have stopped the shooter. “If there were no assault weapons available and no this or no that, this guy is going to find something, right?,” Hickenlooper said. “He’s going to know how to create a bomb.” Hickenlooper’s statement helped Mauser realize that his side was losing the fight. “I had deep anger when I heard that,” he told me. “I heard the same kinds of statements from some people after Columbine: ‘Well, you know, they had bombs, too.’ The fact is that the deaths were from guns.” Mauser believes the public has grown numb to mass violence. “People say ‘How tragic’ and then move on,” he said. “They’re told by their governor, their political leaders, that there’s no solution. So they don’t see a solution out there.” According to a 2011 Gallup poll, 47 percent of American adults keep at least one gun at home or on their property, and many of these gun owners are absolutists opposed to any government regulation of firearms. According to the same poll, only 26 percent of Americans support a ban on handguns. To that 26 percent, American gun culture can seem utterly inexplicable, its very existence dispiriting. Guns are responsible for roughly 30,000 deaths a year in America; more than half of those deaths are suicides. In 2010, 606 people, 62 of them children younger than 15, died in accidental shootings. Mauser expresses disbelief that the number of gun deaths fails to shock. He blames the American attachment to guns on ignorance, and on immaturity. “We’re a pretty new nation,” he told me. “We’re still at the stage of rebellious teenager, and we don’t like it when the government tells us what to do. People don’t trust government to do what’s right. They are very attracted to the idea of a nation of individuals, so they don’t think about what’s good for the collective.” Mauser said that if the United States were as mature as the countries of Europe, where strict gun control is the norm, the federal government would have a much easier time curtailing the average citizen’s access to weapons. “The people themselves would understand that having guns around puts them in more danger.” There are ways, of course, to make it at least marginally more difficult for the criminally minded, for the dangerously mentally ill, and for the suicidal to buy guns and ammunition. The gun-show loophole could be closed. Longer waiting periods might stop some suicides. Mental-health professionals could be encouraged—or mandated—to report patients they suspect shouldn’t own guns to the FBI- supervised National Instant Criminal Background Check System, although this would generate fierce opposition from doctors and patients. Background checks, which are conducted by licensed gun shops, have stopped almost 1 million people from buying guns at these stores since 1998. (No one knows, of course, how many of these people gave up their search for a gun, and how many simply went to a gun show or found another way to acquire a weapon.) Other measures could be taken as well. Drum-style magazines like the kind James Holmes had that night in Aurora, which can hold up to 100 rounds of ammunition and which make continuous firing easy, have no reasonable civilian purpose, and their sale could be restricted without violating the Second Amendment rights of individual gun owners. But these gun-control efforts, while noble, would only have a modest impact on the rate of gun violence in America. Why? Because it’s too late. There are an estimated 280 million to 300 million guns in private hands in America—many legally owned, many not. Each year, more than 4 million new guns enter the market. This level of gun saturation has occurred not because the anti-gun lobby has been consistently outflanked by its adversaries in the National Rifle Association, though it has been. The NRA is quite obviously a powerful organization, but like many effective pressure groups, it is powerful in good part because so many Americans are predisposed to agree with its basic message. America’s level of gun ownership means that even if the Supreme Court—which ruled in 2008 that the Second Amendment gives citizens the individual right to own firearms, as gun advocates have long insisted—suddenly reversed itself and ruled that the individual ownership of handguns was illegal, there would be no practical way for a democratic country to locate and seize those guns. Many gun-control advocates, and particularly advocates of a total gun ban, would like to see the United States become more like Canada, where there are far fewer guns per capita and where most guns must be registered with the federal government.
Load more

Recommended publications
  • The Constitutional Politics of Gun Control Nicholas J
    Brooklyn Law Review Volume 71 | Issue 2 Article 2 2006 A Second Amendment Moment: The Constitutional Politics of Gun Control Nicholas J. Johnson Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Nicholas J. Johnson, A Second Amendment Moment: The Constitutional Politics of Gun Control, 71 Brook. L. Rev. (2005). Available at: https://brooklynworks.brooklaw.edu/blr/vol71/iss2/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. A Second Amendment Moment THE CONSTITUTIONAL POLITICS OF GUN CONTROL Nicholas J. Johnson† I. INTRODUCTION A. Constitutional Politics Bruce Ackerman’s claim that America’s endorsement of Franklin Roosevelt’s New Deal policies actually changed the United States Constitution to affirm an activist regulatory state, advances the idea that higher lawmaking on the same order as Article Five amendment can be attained through and discerned by attention to our “constitutional politics.”1 Ackerman’s “Dualist” model requires that we distinguish between two types of politics.2 In normal politics, organized interest groups try to influence democratically elected representatives while regular citizens get on with life.3 In constitutional politics, the mass of citizens are energized to engage and debate matters of fundamental principle.4 Our history is dominated by normal politics. But our tradition places a higher value on mobilized efforts to gain the consent of † Professor of Law, Fordham University School of Law, J.D. Harvard Law School, 1984, B.S.B.A.
    [Show full text]
  • Gun Laws in the USA
    Gun Laws in the USA PDF generated using the open source mwlib toolkit. See http://code.pediapress.com/ for more information. PDF generated at: Wed, 08 May 2013 00:46:08 UTC Contents Articles Gun law in the United States 1 Gun laws in the United States by state 7 .50 Caliber BMG Regulation Act of 2004 43 AB 1471 45 AB 2062 46 An Act Concerning Gun Violence Prevention and Children's Safety 47 Concealed carry in the United States 49 Constitutional Carry 65 District of Columbia v. Heller 71 Firearms Control Regulations Act of 1975 86 FOID (firearms) 86 McDonald v. Chicago 88 Missouri Proposition B (1999) 93 Montana Firearms Freedom Act 97 Mulford Act 99 Nunn v. Georgia 100 NY SAFE Act 103 Open carry in the United States 107 Roberti-Roos Assault Weapons Control Act of 1989 113 San Francisco Proposition H (2005) 117 Shannon's law (Arizona) 120 Students for Concealed Carry 122 Sullivan Act 124 Transport Assumption 126 Uniform Firearms Act 128 Uniform Machine Gun Act 133 Unintended Consequences (novel) 133 United States v. Olofson 137 Woollard v. Sheridan 139 References Article Sources and Contributors 142 Image Sources, Licenses and Contributors 145 Article Licenses License 146 Gun law in the United States 1 Gun law in the United States U.S. Firearms Legal Topics • Assault weapon • ATF Bureau • Brady Handgun Violence Prevention Act • Concealed carry in the U.S. • Domestic Violence Offender Gun Ban • Federal Assault Weapons Ban • Federal Firearms License • Firearm case law • Firearm Owners Protection Act • Gun Control Act of 1968 • Gun laws in the U.S.—by state • Gun laws in the U.S.—federal • Gun politics in the U.S.
    [Show full text]
  • Heller High Water? the Future of Originalism
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 Heller High Water? The Future of Originalism Jamal Greene Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation Jamal Greene, Heller High Water? The Future of Originalism, HARVARD LAW & POLICY REVIEW, VOL. 3, P. 325, 2009; COLUMBIA PUBLIC LAW RESEARCH 09-208 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1581 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Columbia Law School Public Law & Legal Theory Working Paper Group Paper Number 09-208 HELLER HIGH WATER? THE FUTURE OF ORIGINALISM (version of Aug. 24, 2009) BY: PROFESSOR JAMAL GREENE COLUMBIA LAW SCHOOL Electronic copy available at: http://ssrn.com/abstract=1413801 Heller High Water? The Future of Originalism Jamal Greene† Abstract This Article considers the future of originalism in the wake of the Supreme Court’s 2008 decision in District of Columbia v. Heller. It argues that, although Heller is in many ways a triumph for proponents of originalism, it might also represent a high water mark for the doctrine and for the political movement that supports it. There is little reason to believe that the cases of relative first impression that originalism feeds on will be readily available in the near future, and the politics of the Court and of the country do not augur the appointment of additional originalist judges.
    [Show full text]
  • PAGE 6 Our Team
    SUMMER | 2021 A publication of The Fight for Freedom’s Newest Generation - PAGE 6 Our Team BOARD OF TRUSTEES Catherine Shopneck - Chairman Deborah Donner We are More Than Katherine Whitcomb - Vice-Chairman Joseph Smith Mike McCarty - Secretary/Treasurer Dick Wadhams a Think Tank Jon Caldara - President WE ARE AN ACTION TANK AND A PUBLIC RELATIONS FIRM FOR LIBERTY. LEADERSHIP Jon Caldara - President A central role of an effective think tank is to produce Eric Broughton - Chief Operating Officer quality research and analysis. Since 1985, we have Damon Sasso - Vice President of Operations provided research resulting in changes in law and Shayne Madsen - General Counsel; Political Law Center Director policy. But we have never been content with just research. We are more than a think tank. We are a POLICY public relations firm for Liberty. We put our ideas into David Kopel - Research Director; Second Amendment Project Director action through groundbreaking litigation, coalition Pam Benigno - Education Policy Center Director building, work on ballot initiatives, new media and Ben Murrey - Fiscal Policy Center Director investigative reporting. We don’t just fight on paper. Linda Gorman - Health Care Policy Center Director We fight for freedom on the streets, in the statehouse, Randal O’Toole - Transportation Policy Center Director in the media, on the ballot, and in the courts. Tyler Baker - Energy & Environmental Policy Legal Researcher The mission of the Independence Institute is to PROGRAMS empower individuals and to educate citizens, Laura Carno - Executive Director, FASTER Colorado legislators and opinion makers about public policies Kathleen Chandler - Coalitions and Future Leaders Program Manager that enhance personal and economic freedom.
    [Show full text]
  • Bloomberg Will Use Money Against Guns
    STRAIGHT TALK ABOUT WHAT YOU BLOOMBERG WILL USE CAN DO TO PRESERVE YOUR RIGHT TO KEEP AND MONEY AGAINST GUNS BEAR ARMS The anti-gun multi-billionaire Mayor of New York City, Michael Bloom- berg, said on NBC’s Meet the Press that he would raise money for a national campaign to counter the political influence of pro-gun rights interests. Bloomberg stated that in order to defeat a pro-gun rights group, “you have to go out and get your message out and it costs money to do that.” September Bloomberg already has contributed about 2.9 million dollars to an anti-gun organization he founded in 2006, Mayors Against Illegal Guns, reported The 2009 New York Times. The group of 450 city chief executives Bloomberg started Volume XXXIV No. 9 along with Mayor Thomas M. Menino of Boston worked recently to defeat a measure by Sen. John R. Thune of South Dakota, a CCRKBA Gun Rights Defender of the Month, that would have allowed individuals with state- issued permits to carry concealed handguns to carry the firearms in other IN THIS ISSUE states that issue such permits. Although the Thune amendment garnered 58 votes out of the 100-member More Anti-Gun RIghts Actions 1 Senate, a substantial majority, it fell two votes short of the 60 votes needed CCW Reciprocity 2 Sotomayor: A Blow to RKA 3 to prevent a filibuster and thus was not added as a proposed amendment Sotomayor Vote 3 to pending legislation. Self-Defense Bill 4 Bloomberg referred to the Thune amendment as “another obstacle in the CCW on the Upswing 5 way of sanity.” Citizen Action Project 5 In a costly full-page ad his anti-gun group ran in USA Today and other Defender of the Month 6 newspapers, Bloomberg and the other mayors referred to the reciprocity Quick Shots 7 amendment as “dangerous legislation that would usurp the right of states to set their own minimum standards for distributing permits to those who wish to carry a concealed gun,” even though the amendment would have CITIZENS required carriers to comply with the laws of the states in which they carried.
    [Show full text]
  • The Great Gun Control War of the 20Th Century — and Its Lessons for Gun Laws Toda
    THE GREAT GUN CONTROL WAR OF THE TWENTIETH CENTURY-AND ITS LESSONS FOR GUN LAWS TODAY DavidB. Kopel* Introduction ................................... 1528 I. From the Roaring Twenties to the Calm Fifties ...... ...... 1529 A. The 1920s............. ................ ..... 1529 B. The New Deal and World War II......... ....... 1532 C. The 1950s ....................................... 1535 II. Things Fall Apart ........................... ...... 1537 A. 1966 ................................. ...... 1539 B. 1967 ................................ ....... 1540 C. 1968 .................................. ..... 1542 III. The 1970s ........................................... 1550 A. The Rise of the Handgun Prohibition Lobbies and the Revolt at the NRA ...................... ...... 1551 B. Handgun Prohibition Efforts in the District of Columbia and Massachusetts .........................1557 C. The NRA Counteroffensive, and the Growing Sophistication of the Gun Control Lobby...... ..... 1565 IV. The Age of Reagan .......................... ..... 1566 V. George H.W. Bush ..................................... 1578 VI. The Clinton Era ........................... ....... 1582 VII. The Re-emergence of the Second Amendment .... ..... 1590 VIII. Columbine and the 2000 Election.............. ..... 1597 IX. The Great American Gun War Winds Down ....... ..... 1601 * Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of Law. Research Director, Independence Institute, Denver, Colorado. Associate Policy Analyst, Cato Institute,
    [Show full text]
  • Incrementalism, Comprehensive Rationality, and the Future of Gun Control Allen Rostron
    Maryland Law Review Volume 67 | Issue 3 Article 3 Incrementalism, Comprehensive Rationality, and the Future of Gun Control Allen Rostron Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Second Amendment Commons Recommended Citation Allen Rostron, Incrementalism, Comprehensive Rationality, and the Future of Gun Control, 67 Md. L. Rev. 511 (2008) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol67/iss3/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. \\server05\productn\M\MLR\67-3\MLR301.txt unknown Seq: 1 28-APR-08 7:13 MARYLAND LAW REVIEW VOLUME 67 2008 NUMBER 3 Copyright Maryland Law Review 2008 Articles INCREMENTALISM, COMPREHENSIVE RATIONALITY, AND THE FUTURE OF GUN CONTROL ALLEN ROSTRON* I. INTRODUCTION “What good is half an eye?” That question has become a familiar refrain in the creation/evolution debate.1 Proponents of “intelligent design” and other creationist theories contend that certain complex structures, such as eyes, could not have emerged gradually through evolution because they contain many parts that must work together to accomplish their function.2 If not fully assembled, they do not work at all. Half an eye thus provides no survival advantage, and therefore the trait could not have proliferated and improved through natural selec- tion. Eyes must then have been created as complete units, in one fell swoop, rather than through a gradual step-by-step process.
    [Show full text]
  • Does the Second Amendment Protect Firearms Commerce?
    DOES THE SECOND AMENDMENT PROTECT FIREARMS COMMERCE? David B. Kopel∗ The First Amendment protects both book buyers and booksellers. Does the Second Amendment protect only people who buy guns, or does it also protect people who sell guns? Though this question has divided the federal courts, the answer is quite clear: operating a busi- ness that provides Second Amendment services is protected by the Se- cond Amendment. District of Columbia v. Heller1 teaches that regula- tion of how firearms are commercially sold enjoys a presumption of constitutionality, which does not extend to prohibitions of firearms sales. In the lower federal courts, there is a developing split about wheth- er firearms sellers have Second Amendment rights which the courts are bound to respect. Seventh Circuit courts view firearms sellers like booksellers — as holders of constitutional rights. While gun sellers are subject to much stricter regulation than are booksellers, they are both protected by the Bill of Rights. Conversely, in the courts of the Fourth Circuit, gun sellers have no Second Amendment rights. Brown v. Board of Education2 was not exactly a popular decision among some state and local governments, and among some lower court judges. The same is true of Heller. One form of resistance to Heller has been to read the opinion in the narrowest possible way, ex- cluding from Second Amendment protection many normal activities involving firearms. One such form of resistance is the claim that the Second Amendment does not apply to gun sales. By this theory, because the Second Amendment is an individual right to have arms for self-defense, the Second Amendment does not apply to corporations that provide services to gun owners, such as sell- ing them guns.
    [Show full text]
  • An Interpretive Shift for the Supreme Court to Adopt
    Tulsa Law Review Volume 43 Issue 3 Supreme Court Review Spring 2008 Parker: An Interpretive Shift for the Supreme Court to Adopt Drew A. Lagow Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Drew A. Lagow, Parker: An Interpretive Shift for the Supreme Court to Adopt , 43 Tulsa L. Rev. 793 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol43/iss3/11 This Casenote/Comment is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Lagow: Parker: An Interpretive Shift for the Supreme Court to Adopt PARKER: AN INTERPRETIVE SHIFT FOR THE SUPREME COURT TO ADOPT I. INTRODUCTION Composed of twenty-seven words, the text of the Second Amendment provides: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."' Overall, courts have interpreted this text very narrowly 2 as some have found "the common law did not recognize an absolute right to keep and bear arms." 3 However, the meaning and scope of the Second Amendment is in dispute, and the debate has recently grown stronger.4 The United States Supreme Court has never decided whether the Second Amendment protects an individual or collective right to keep and bear arms, 5 and the last time it furnished any direct guidance as to what the amendment means was almost seventy years ago in U.S.
    [Show full text]
  • Supreme Court of the United States Office of the Clerk Washington, Dc 20543-0001
    71 - N In the UNITED STATES SUPREME COURT At a Stated Term of the United States Supreme Court, Pursuant to Allotment Order designated for the Second Circuit, assigning Associate Justice Ruth Bader Ginsburg, held at the Supreme Court Washington, D.C., on the 29th day of March, two thousand and nineteen.: Alan Giordani, individually and as Proposed Executor for the Estate of Nancy Giordani, and Alan Giordani, Individually, Petitioner-Appellant NOTICE OF MOTION TO STAY/REVESRSE AND REINSTATE APPEAL V. Docket No. 18-1164 United States District Court for the Southern District of New York, Respondent-Appellee. Appellant Alan Giordani duly swears and deposes pursuant to U.S.C. Section 1001 that, Pursuant to 28 U.S.C. 165(a), the jurisdictional predicate for this motion is its inter-relationship to the Petition for an Extraordinary Writ previously filed with this Court on March 5, 2019, that sought and requested mandamus relief 1 of 11 V - together with an immediate stay at that time and date. The scheduled March 6, 2019 docketing of a strike order and default, unfortunately was entered, in spite of this timely submission (see attached stamped and dated U.S. Supreme Court documents). This Court's Rule 20(1), provides... "that exceptional circumstances warrant the exercise of this Court's discretionary powers, and that adequate relief cannot be obtained in any other form of from any other Court." Rule 20(2) further states that... "all contentions in support of the petition for an Extraordinary Writ shall be included in the petition." See attached copy from the Second Circuit, indicating that this default was subsequently entered with a stamped mandate, dated March 7, despite the timely filing for a stay that was included in the Writ, served on this Court on March 5.
    [Show full text]
  • “Aiming for Liberty: the Past, Present, and Future of Freedom and Self-Defense” by David Kopel
    DAVE KOPEL: AIMING FOR LIBERTY “Aiming For Liberty: The Past, Present, and Future of Freedom and Self-Defense” by David Kopel. Paperback, 182 pp., Merril Press. Visit www.davekopel.com or order online at www.amazon.com or www.barnesandnoble.com. PROFILE Dave Kopel has a new book out. This news, no doubt, will thrill many America’s 1st Freedom readers. For the 10 years this publication has been providing nra members and other freedom lovers with the latest in gun-rights news and commentary, Dave Kopel has been there. Even since the magazine’s previous incarnation—American Guardian—Kopel has been at the forefront of the pro-gun debate with vital arguments for the protection of the Second Amendment. As Kopel’s daughter said when she was Freedom and Self-Defense,” Kopel has, in in the third grade, her father’s job “is to tell a single volume, collected, updated and people what he thinks.” And judging by the expanded dozens of his select writings that mail our editorial staff receives daily from have appeared in America’s 1st Freedom and readers, what Kopel thinks and writes for other journals over the past 25 years. these pages is an overwhelming favorite. “I’ve been writing at a pretty intense pace Take this sampling of “Mail Call” letters, for the last quarter-century,” Kopel said, “so it from just the past year alone, commending was time to look at some of the essays I had Kopel’s work: written, revise them and put them together • “Thank you, America’s 1st Freedom, in an organized way that would express some for printing the excellent Feb.
    [Show full text]
  • The Right to Own a Gun Is Not Guaranteed by the Constitution Is Gun Ownership a Right?, 2010 John Paul Stevens Is an Associate Justice of the Supreme Court
    The Right to Own a Gun Is Not Guaranteed by the Constitution Is Gun Ownership a Right?, 2010 John Paul Stevens is an associate justice of the Supreme Court. He received an AB from the University of Chicago, and a JD from Northwestern University School of Law. From 1970 until 1975, he served as a Judge of the United States Court of Appeals for the Seventh Circuit. President Ford nominated him as an Associate Justice of the Supreme Court, and he took his seat December 19, 1975. Justice Stevens wrote a forty-six-page dissenting opinion on the District of Columbia v. Heller (2008) case that held that the Second Amendment protects an individual's right to gun ownership. He sees "conflicting pronouncements" with almost every interpretation in the majority opinion, including the amendment's purpose, language, history, nature of a militia, and the role of Congress. Justice Stevens writes that the majority opinion has weaknesses and often lacks accuracy in interpretation. The question presented by this case is not whether the Second Amendment protects a "collective right" or an "individual right." Surely it protects a right that can be enforced by individuals. But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right. Guns are used to hunt, for self-defense, to commit crimes, for sporting activities, and to perform military duties. The Second Amendment plainly does not protect the right to use a gun to rob a bank; it is equally clear that it does encompass the right to use weapons for certain military purposes.
    [Show full text]