New amcius briefs: RMGO v. Polis. No. 2018SC817. June 3, 2019. Colorado Supreme Court. Amicus brief of Colorado Law Enforcement Firearms Instructors Association, 32 County Sheriffs, and the Independence Institute. The ban on magazines over 15 rounds harms public safety and law enforcement. Motion for leave to file amicus brief.
People v. Vivian Claudine Brown. (Ill. 2019). Amicus brief on behalf. Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.
New York State Rifle and Pistol Association v. New York City. No. 28-280. May 14, 2019. Amicus brief and Appendix. The Second Circuit upheld New York City's ban on licensed handgun owners taking their handguns out of the City. The ban is contrary to good practices for safety training. The doctrinal errors found in the Second Circuit decision are prevalent in other circuits, demonstrating the need for further guidance from the Supreme Court.
Some Topics and Learning Objectives for Second Amendment Courses. Second Thoughts (blog of the Firearms Law Center at Duke University). July 11, 2019.
The Kentucky Rifle. Epoch Times. July 4, 2019.
Knife Ban and Vagueness Case at Supreme Court Conference. New York City continues to prosecute people for ordinary folding knives. Reason, Volokh Conspiracy. June 10, 2019.
The Danger of a Communist Monopoly on the Media and Firearms. The story of the 1948 communist coup in Czechoslovakia. Epoch Times. June 9, 2019.
The Sovereignty of a Free and Radically Independent People: Colorado’s Enduring Constitutional Heritage. Constituting America. June 2019. Soundcloud audio.
Campus Scary. Suppression of pro-Second Amendment speech on campus. America's 1st Freedom. May 2019.
District Court Permanently Enjoins California Magazine Confiscation Law. Reason, Volokh Conspiracy. Mar. 29, 2019.
The Lessons of Purim Are Still Relevant Today. Epoch Times. Mar. 21, 2019.
Red Flag bill guts due process, unnecessarily threatens police and public safety. Complete Colorado. Mar. 12, 2019.
In the Media
Meet 13 key Colorado Capitol influencers. Colorado Politics. Apr. 28, 2019. by Joey Bunch.
Nearly Half Of Colorado's Sheriffs Take A Stand Against High-Capacity Magazine Ban. Colorado Public Radio. June 7, 2019. by Andrew Villegas.
Bill Elder, other Colorado sheriffs join groups opposed to gun magazine ban. The Gazette (Colorado Springs). June 7, 2019. by Rachel Riley.
30 Colorado sheriffs join opposition to gun magazine ban facing challenge in state Supreme Court. Denver Post. June 6, 2019. by Elise Schmelzer.
30 sheriffs, firearm training group oppose Colorado's gun magazine ban in amicus brief. Center Square. June 6, 2019. by Derek Draplin.
Thirty-two Colorado Sheriffs join in opposing Colorado’s gun magazine ban before the state Supreme Court. Complete Colorado. June 4, 2019. by Scott Weiser.
Excessive Fines Clause Applies to Corporations So the Colorado Supreme Court held today. Volokh Conspiracy/Reason.com. June 3, 2019. by Eugene Volokh. Court agrees with Ind. Inst. and Cato amicus brief.
Hickenlooper is latest Democrat to make guns a priority in 2020 presidential race. Denver Post. May 26, 2019. by Nic Garcia.
Kamala Harris, other 2020 Democrats promise new gun controls. How far can they go? Sacramento Bee. May 21, 2019. by Emily Cadei.
Cory Booker’s misleading claim that toy guns are more regulated than real guns. Washington Post. May 13, 2019. by Glenn Kessler.
What's Wrong With Licensing Gun Owners? Cory Booker's Plan Would Unjustly Deprive Peaceful Americans of the Fundamental Right to Armed Self-Defense. Creators Syndicate. May 8, 2019. by Jacob Sullum
Cory Booker's Microstamping Mandate Would Amount to a Ban on New Handgun Models. Reason. May 7, 2019. by Jacob Sullum.
Television, Radio, Podcasts
Colorado Insisde Out. July 12, 2019. Full episode. The passing of Neil Westergaard. John Hickenlooper shakes up his Presidential campaign staff. Democratic Senate poll. Petitions to recall Governor Jared Polis. "Transit advocates" oppose improving Pena Blvd.
Colorado Insisde Out. July 5, 2019. Full episode. Time machine 1923. The cast goes back in time to discuss the KKK, Denver Mayor Stapleton, alcohol prohibition, and much more. Patty Calhoun as Emily Griffith, Dave Kopel as future Governor and Senator "Big Ed" Johnson, and more. Meet the panel. Denver sheds its cowtown image. Benjamin Stapleton is Elected Mayor of Denver. Prohibition Takes a Tenuous Hold in Colorado. Jazz Sweeps the Country with Colo. Roots.
Colorado Insisde Out. June 28, 2019. Full episode. Scotus praises Colorado redistricting system. Dem presidential debate. AG Phil Weiser defends House Dems' violation of state constitution. Denver Mayor Hancock will not help feds remove illegal aliens subject to final removal orders.
David Kopel on amicus brief on behalf of CO sheriffs against magazine ban. Dan Caplis Show. KHOW 630 AM. Denver. June 7, 2019.
Craig Silverman Show. KNUS 710 AM Denver. Denver mayoral race, gun confiscation laws, Dudley Brown and his scams. May 25, 2019.
Colorado Insisde Out. May 24, 2019. Full episode. Colorado caps insulin copays. Secretary of State Jena Griswold's publicity stunt on Alabama abortion. Denver Mayor Hancock panders to racism in runoff. More construction delays an Denver airport.
How Governments Seize Guns with "Red Flag Laws." Cato Institute Daily Podcast. Apr. 8, 2019.
Latest Monographs & Journal articles
Federal Circuit Second Amendment Developments 2018. 7 Lincoln Memorial University Law Review (forthcoming 2019). With Joseph G.S. Greenlee.
The Second Amendment Rights of Young Adults. 43 Southern Illinois University Law Journal 495 (2019). With Joseph G.S. Greenlee.
The 'Sensitive Places' Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018).
History and Tradition in Modern Circuit Cases on the Second Amendment Rights of Young People. 43 Southern Illinois University Law Journal 119 (2018). With Joseph G.S. Greenlee.
Defining "Assault Weapons." The Regulatory Review (Univ. of Pennsylvania). Nov. 14, 2018.
Data Indicate Second Amendment Underenforcement. 68 Duke Law Journal Online 79 (2018). Problems in the Second, Fourth, and Ninth Circuits.
The Colorado Constitution's No Aid to Sectarian Institutions Clause and Its Impact on Civil Rights. Colorado Special Advisory Committee to the United States Commission on Civil Rights. Sept. 2018.
Federal Circuit Second Amendment Developments 2017-2018. Texas State Bar Association. Firearms Law Seminar. 2018. With Joseph Greenlee.
The Right to Arms in Nineteenth Century Colorado. 95 Denver University Law Review 329 (2018).
In the Courts and Congress
RMGO v. Polis. No. 2018SC817. June 3, 2019. Colorado Supreme Court. Amicus brief of Colorado Law Enforcement Firearms Instructors Association, 32 County Sheriffs, and the Independence Institute. The ban on magazines over 15 rounds harms public safety and law enforcement. Motion for leave to file amicus brief.
People v. Vivian Claudine Brown. (Ill. 2019). Amicus brief on behalf of State’s Attorneys Stewart J. Umholtz and Brandon J. Zanotti, Professors Of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Citizens Committee For The Right To Keep And Bear Arms, Millennial Policy Center, Independence Institute, and Carlisle Moody. Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.
New York State Rifle and Pistol Association v. New York City. No. 28-280. May 14, 2019. Amicus brief for Professors of Second Amendment law, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation of Firearms Ownership, Millennial Policy Center, and Independence Institute. Appendix of professor biographies. The Second Circuit upheld New York City's ban on licensed handgun owners taking their handguns out of the City. The ban is contrary to good practices for safety training. The doctrinal errors found in the Second Circuit decision are prevalent in other circuits, demonstrating the need for further guidance from the Supreme Court.
U.S. Senate Judiciary Committee, written testimony on "Red Flag Laws: Examining Guidelines for State Action." Hearing on mental health and gun legislation. Kopel starts at 31:36. March 26, 2019.
Pena v. Horan. Cert. petition. No. 18-843. Feb. 1, 2019. Amicus brief for Second Amendment law professors, Citizens Committee for the Right to Keep and Bear Arms, Mountain States Legal Foundation, Jews for the Preservation of Firearms Ownership, Independence Institute, and Millennial Policy Center. California's "microstamping" mandate creates a de facto ban on all new models of semiautomatic pistols. The Ninth Circuit opinion uphold the ban was based on speculation and refusal to consider the plaintiffs' evidence.
Mance v. Whitaker. Cert. petition. No. 18-663. Dec. 20, 2018. Amicus brief for Second Amendment law professors, Independence Institute, and Millennial Policy Center. Challenge to federal ban on interstate handgun sales between consenting states. Argues that Court should take the case to explicate the proper test for Second Amendment challenges, due to conflicts in the lower courts, and nullification of the Second Amendment in some courts.
Maryland Shall Issue v. Hogan. No. 16-cv-3311-ELH (D. Md. Oct. 5, 2018). Amicus brief of International Law Enforcement Educators and Trainers Association, International Association of Law Enforcement Firearms Instructors, 11 law professors, Second Amendment Foundation, Citizens Committee For The Right To Keep And Bear Arms, Jews For The Preservation Of Firearms Ownership, Millennial Policy Center, and Independence Institute. Maryland's burdensome handgun licensing system in contrary to original understanding, history, and tradition, and cannot pass heightened scrutiny.
Timbs v. Indiana. No. 17-1091. U.S. Sup. Ct. Sept. 11, 2018. Merits amicus brief. The Independence Institute joins a broad civil liberties coalition in an amicus brief led by the Drug Policy Alliance. The issue is whether the Eighth Amendment's Excessive Fines Clause should be incorporated against the States. The brief details modern abuses of forfeiture laws, and argues that no government can have a legitimate interest in imposing an "excessive" fine.
Colorado Department of Labor v. Dami Hospitality. Colorado Supreme Court. July 2, 2018. Amicus brief argues that the Eighth Amendment's rule "nor excessive fines imposed" does not have a loophole allowing excessive fines to be imposed on corporations.
U.S. Senate Judiciary Committee. Dec. 6, 2017. Written testimony on: Bill to ban bump stocks and some gunsmithing. S 1916; Fix NICS Act, S. 2135; Bill to allow indefinite delays in background checks, S. 1923; interstate carry reciprocity, S. 446. Video of testimony (Kopel starts at 2:31:28). Written responses to Questions for the Record for Sen. Grassley.