Short articles
The 1986 Plastic Gun Panic. How the gun control lobbies nearly tricked Congress into banning millions of ordinary guns. Reason, Volokh Conspiracy. Aug. 7, 2018.
Colorado's early self-government and path to statehood. On the periphery of the periphery, Coloradans energetically exercised their inherent rights of sovereignty and self-government. Reason, Volokh Conspiracy. Aug. 1, 2018.
Ninth Circuit strikes Hawaii law that only security guards may get handgun carry permits. Reason, Volokh Conspiracy. July 23, 2018.
Ninth Circuit Upholds Preliminary Injunction Against Magazine Confiscation in California. The courts continue to block a California law to confiscate magazines over 10 rounds. Reason, Volokh Conspiracy. July 17, 2018.
US government drops prohibition on files for 3D printed arms. State and Defense Departments comply with revised regulations from May 2018. Volokh Conspiracy. July 10, 2018.
Judge Kavanaugh and the Second Amendment. The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws. Reason, Volokh Conspiracy. July 9, 2018.
The Colorado Constitution and the eternal truths of the Declaration of Independence. The 1876 Colorado Constitution affirms and elucidates the principles of 1776. Reason, Volokh Conspiracy. July 4, 2018.
Excessive Fines Clause and corporations. Amicus brief says that 8th Amendment's ban on "excessive fines" does not have a corporate loophole. Reason, Volokh Conspiracy. July 3, 2018.
Presidential electors can vote with discretion. Amicus brief explains that States cannot compel presidential electors to vote a certain way. Reason, Volokh Conspiracy. July 2, 2018.
Deerfield, Illinois, gun confiscation law is blocked by state court. Reason, Volokh Conspiracy. June 13, 2018.
Gun Control Crowd Directs Vitriol at NRA. America's 1st Freedom. May 2018. The same tactics that have always been used by hate groups against civil rights organizations and religious or ethnic groups targeted for destruction: dehumanization, conspiracy theories, ostracism, silencing, and delegalization.
Gun Control Won't Stop Crime. America's 1st Freedom. May 2018. Why NRA rightly opposes gun bans, the destruction of the civil rights of young adults, and universal gun registration.
In the wake of a gun ban, Venezuela sees rising homicide rate. Including murder of dissidents by government. The Hill. Apr. 19, 2018. with Vincent Harinam.
The Million Mom March: Mass Mobilization Against Guns. In 2000, the Million Mom March brought hundreds of thousands of people together to demonstrate against guns. Reason.com. Mar. 22, 2018.
Gun ban for young adults would be wholly unconstitutional. The Hill. Mar. 13, 2018. with Joseph Greenlee.
The First "Assault Weapon": Banning Guns Based on "Style" Rather than Function. Reason.com. Mar. 5, 2018.
The History of the 'Assault Weapon' Hoax. Part 1: The Crime that Started it All. A 1989 shooting at a Cal. schoolyard began the national "assault weapon" issue. It was a consequence of law enforcement failure. Reason.com. Mar. 2, 2018.
Arming teachers can protect kids. (N.Y.) Daily News. Feb. 28, 2018. with Laura Carno.
In the Media
Plans for 3D-printed guns explode across internet amid court battle to repress them. Washington Times. Washington Times. Aug. 20, 2018. by David Sherfinski.
Kavanaugh seems to shun gun registration laws, but may not oppose license training requirements. ABA Journal. July 30, 2018. by Stephanie Francis Ward.
States seek to block instructions for making plastic guns. NBC News. July 30, 2018. by Pete Williams.
With Kavanaugh, Court Could Take Aim at Gun Control Laws. New justice could be key fourth vote to take up cases and strike down laws. Roll Call. July 26, 2018. by Todd Ruger.
NRA Backs Kobach's Rival in Race for Kansas Governor. Assocated Press. July 16, 2018. by John Hanna.
Yale Law Fails the Kavanaugh Test.The Atlantic. July 13, 2018. by Conor Friedersdorf.
Is Trump's Supreme Court pick Brett Kavanaugh to the right of Scalia on assault weapons? No. Politicact. July 11, 2018. by Manuela Tobias.
Will New Mom Cardi B Raise an Insurrectionist Army Against Government Tyranny? Probably not, but the new mom does support the "insurrectionist" theory of Second Amendment rights as a bulwark against tyranny. Reason. July 11, 2018. by Brian Doherty.
Supreme court pick could make assault weapons ban unconstitutional. Brett Kavanaugh, Donald Trump’s nominee for the highest court, has a clear record of gun rights advocacy and could tip the balance. The Guardian. July 10, 2018. by Lois Beckett.
Trump’s Supreme Court pick wanted to strike down a landmark gun control law. Vice News. July 10, 2018. by Tess Owen.
Donald Trump names Brett Kavanaugh as supreme court nominee – as it happened. Trump nominates Kavanaugh, a conservative rising star, to replace Anthony Kennedy on supreme court. The Guardian. July 9, 2018. by Lois Beckett.
SAF, NRA Rejoice, Everytown Cries After Trump Taps Kavanaugh for SCOTUS. GunsAmerica New & Reviews. July 10, 2018. by Jordan Michaels.
Rural counties' response to state firearm laws: 'Gun sanctuaries'. The backlash against gun measures is spreading. But will it change anything? NBC News. May 25, 2018. by Jon Schuppe.
Smart guns exist. Why aren’t they on the market? PBS News Hour. May 24, 2018. by Teresa Carey.
The Racist History of Gun Control. Mises Wire. May 22, 2018. by Tho Bishop.
La ultima masacre en una escuela de EE.UU. deja al menos 10 muertos en Texas. El Mercurio (Chile). May 19, 2018. by Jean Palou Egoaguirre.
Constitution, Bill of Rights and Second Amendment haven’t been repealed. Paris Post-Intelligencer. Apr 23, 2018. by Michael Skaggs.
A Voice from the Warsaw Ghetto. Jerusalem Post. Apr. 18, 2018.
Three ways City Council’s gun ban will make Boulder less safe. Boulder Weekly. Apr. 12, 2018. by Paul Danish.
A Colorado city voted to ban 'assault weapons' — but numerous legal questions remain unanswered. The Blaze. Apr. 9, 2018. by Chris Enloe.
Boulder City Council passes gun ban on first reading. Complete Colorado. Apr. 7, 2018. by Sherrie Pief.
Low-crime Illinois suburb bans assault weapons and gets sued. NBC News. Apr. 6, 2018. by Jon Schuppe.
Making the world safe through censorship. Washington Times. Apr. 5, 2018. by Dale Lowdermilk.
Television, Radio, Podcasts
Tom Gresham's Gun Talk. Aug. 19, 2018. Discussing the Independence Institute's recent Alcohol, Tobacco, and Firearms Party, and other topics. Kopel starts at 23:00.
Colorado Inside Out. Aug. 17, 2018. Full episode. Boulder City Council wants to keep excess loot from sugary drink tax. Masterpiece Cakeshop files civil rights lawsuit after continuing persecution by Colorado "Civil Rights" Division. Governor candidate Jared Polis makes big ad buy. Newspapers respond to Trump attacks on journalism. Postgame: Ballot proposals on campaign finance.
NRA News. Cam & Company. Aug. 13, 2018. The 1986 plastic gun panic.
Colorado Inside Out. Aug. 10, 2018. Full episode. Interior Secretary Zinke visits Colorado. Petitions for ballot issues filed. Attorney General Coffman joins case urging censorship of gun-making instructions. Denver Mayor Hancock announces his long-term plan for Denver, plus new harassment policy. Postgame: Denver ballot initiative to raise taxes for mental health.
NRA News. Cam & Company. Aug. 7, 2018. Ninth Circuit upholds ban on new handgun models.
Devil's Advocate with Jon Caldara. Aug. 3, 2018. Recent Second Amendment cases in court.
Home manufacture of guns. Drew Mariani Show. Relevant Radio. Aug. 2, 2018.has huge problems. Postgame: Mayor Hancock virtue signals with plan to raise energy prices.
The Age of the 3D-Printed Gun. NPR On Point. July 25, 2018. With Anthony Brooks (host), Andy Greenberg (Wired magazine), Avery Gardiner (Brady Center).
NRA News. Cam & Company. July 23, 2018. 9th Circuit Rules There is Right to Open Carry.
Colorado Inside Out. July 6, 2018. Full episode. Time Machine special, from 1968. A year in review program from December 1968 Rocky Mountain News columnist Molly Mayfiled (Patty Calhoun), community organizer Gerald Kopel (David Kopel), police reporter Al Nakula (Kevin Flynn), and feminist leader Florence Kennedy (Dani Newsum). The panel dicusses riots, assassinations, the Vietnam War, and Richard Nixon's election victory. With Kopel cameo at President-elect Nixon. Postgame: Further thoughts on Nixon's win.
Heller in the Lower Courts. 40 Campbell Law Review 399 (2018). Panel discussion with Sarah Ludington, Brannon Denning, Dennis Henigan, Hannah Shearer, and David Kopel. Video.
Heller and "Assault Weapons.” 40 Campbell Law Review 461 (2018). Panel discussion with E. Gregory Wallace, Allen Rostron: Panelist, Allen Rostron, Jonathan Lowy, and David Kopel. Video.
How's the Second Amendment Doing? A long-term perspective. Devils' Advocate with Jon Caldara. Colorado Public TV 12. Apr. 23, 2018.
TEDx Mile High. Understanding Guns. Panel with Kimberly Corban, Jay Breitlow, and Coni Sanders. Feb. 21, 2018.
Colorado Inside Out: 25 Years. Oct. 27, 2017. Hour-long documentary about Colorado's longest-running public affairs television program.
FarenHype 9/11. This 2004 documentary unmasks the lies in the Michael Moore and Harvey Weinstein movie Farenheit 9/11. Now available on the Web.
Latest Monographs & Journal articles
The Second Amendment Rights of Young Adults. 43 Southern Illinous University Law Journal (forthcoming 2018). With Joseph Greenlee.
The Right to Arms in Nineteenth Century Colorado. 95 Denver University Law Review 329 (2018).
Firearms Law of Vietnam. Full translation of Vietnamese arms statute, plus Vietnamess text, and historical background. Independence Institute Issue Paper no. 5-2017. By Tien Thuy Dinh.
Restoring the Right to Keep and Bear Arms in Cato Handbook for Policymakers (8th ed. 2017). With Trevor Burrus and Robert A. Levy.
The Federal Circuits' Second Amendment Doctrines. 61 St. Louis University Law Journal 193 (2017). With Joseph G.S. Greenlee.
Licensed Handgun Carry for Young Adults Serving in the Armed Forces. Independence Institute, Issue Paper no. 1-2016.
The First Century of Right to Arms Litigation. 14 Georgetown Journal of Law & Public Policy 127 (2016).
Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights
Act, and the First Second Amendment Lawyer. 47 Loyola University Chicago Law Journal 1117 (2016).
Background Checks for Firearms Sales and Loans: Law, History, and Policy. 53 Harvard Journal on Legislation 303 (2015).
The Costs and Consequences of Gun Control. Cato Institute Policy Analysis no. 784 (Dec. 1, 2015).
Book review of "This Nonviolent Stuff'll Get You Killed: How Guns Made the Civil Rights Movement Possible." 35 Cato Journal 443 (2015).
Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. 58 Howard Law Journal 715 (2015). With Clayton Cramer.
The History
of Firearms Magazines and of Magazine Prohibition.
88 Albany Law Review 849 (2015).
The Posse Comitatus and the Office of
Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. 104 Journal of
Criminal Law and Criminology 671 (2015).
In the Courts and Congress
Young v. Hawaii. Ninth Circuit. July 23, 2018. State may not limit carry permits only to security guards. Cites Kopel article on natural right of self-defense.
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.
Baca v. Secretary of State. 10th Circuit, June 27, 2018. States cannot compel presidential electors to vote a certain way.
Teixeira v. Alameda County, no 17-982. U.S. Supreme Court, Feb. 9, 2018. Amicus brief on behalf of Cato Institute, Jews for the Preservation of Firearms Owner, Independence Institute, Millennial Policy. Argues that county's ban on all new gun stores violates the Second Amendment. Address circuit court doctrine, and the history of the British arms embargo on the American colonies.
RMGO v. Hickenlooper (Colo. App. 2018). Amicus brief on behalf of Colorado Law Enforcement Firearms Instructors Association; Sheriffs Chad Day (Yuma County), Steve Reams (Weld), Shannon K. Byerly (Custer), and Sam Zordel (Prowers); and the Independendece Institute. Why Colorado's magazine ban endangers public safety.
Duncan v. Becerra. 9th Circuit, Jan. 8, 2017. Amicus brief urges affirmance of district court decision against confiscation of standard capacity magazines. Addresses standard of review, and empirical evidence. On behalf of Doctors for Responsible Gun Ownership, Independence Institute, and Millenial Policy Center. Co-authored with Joseph G.S. Greenlee.
Bridgeville Rifle & Pistol Club v. Small, No. 15, 2017 (Del. Dec. 7, 2017). Cited in opinion striking down prohibition on defensive arms carry in state forests and parks.
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.
Kolbe v. Hogan. Amicus brief in support of cert. petition, in challenge to Maryland ban on common firearms and magazines. Amici are the National Sheriffs' Association, Cato Institute, Second Amendment Foundation, and Independence Institute. Attorneys are David Kopel, Randy Barnett, Joseph Greenlee, Ilya Shapiro. Aug. 21, 2017. |
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