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The Dave Kopel Daily. Web newspaper collecting articles from Kopel and those whom he follows on Twitter.

Latest short articles and commentary

Time For a Real Response. Now that the gun-control circus is over, we can actually address mass violence. National Review Online. Apr. 19, 2013.

The Problem Was With the Legislation. Kopel featured in the NY Times Room for Debate series on the question, "If 90 percent of Americans support background checks but most senators don't, is the system broken?" New York Times. Apr. 18, 2013.

The Problems of Toomey-Machin. National Review Online. Apr. 17, 2013.

The “Pro-Gun” Provisions of Manchin-Toomey are Actually a Bonanza of Gun Control. Volokh.com. Apr. 15, 2013.

Schumer-Toomey gun bill deserves a committee hearing. The Daily Caller. Apr. 11, 2013.

Turning Gun Owners into Felons. A new bill would make it a crime to “transfer” your gun to a spouse for more than seven days. National Review. Apr. 5, 2013.

Do You Really Think That Feinstein Will Stop At ARs? America's 1st Freedom. March 2013.

The Catastrophic Consequences of Gun Registration. America's 1st Freedom. March 2013.

Ronald Reagan’s AR-15. Volokh.com. Jan. 15, 2013.

Guns in America: Arming the right people can save lives. Good guys with guns have managed to keep a list of shooters from carrying out the kinds of attacks that get far more publicity. LA Times. Jan. 15, 2013.

Activities for Gun Appreciation Day. Volokh.com. Jan. 14, 2013.

A Divide Widened by Misunderstanding. Kopel featured in the NY Times Room for Debate series on the question, "What is it about gun policy that makes it such an emotional topic?" New York Times. Jan. 6, 2013.

Why Japan is so safe from guns. A society utterly different from our own. NY Daily News. Dec. 19, 2012.

Guns, Mental Illness and Newtown. Why random mass shootings have increased and what to do about it. Wall Street Journal. Dec. 17, 2012.

The N.R.A. Is Still Vital, Because the 2nd Amendment Is. Kopel in the NY Times Room for Debate series on the question, "Is the gun lobby invincible?" New York Times. Dec. 17, 2012.

Moore v. Madigan, key points. Volokh.com. Dec. 11, 2012. Kopel's The Second Amendment in the Nineteenth Century cited by the majority. Right to Arms in the Living Constitution cited by the dissent.

Does any government have the legitimate power to ban medical marijuana? Volokh.com. Dec. 10, 2012.

The U.S. is Right to be Skeptical. Kopel featured in the NY Times Room for Debate series on the question, "Have treaties gone out of style?" New York Times. Dec. 6, 2012.

We all do extol Thee, Thou leader in Battle. The origins of the Thanksgiving hymn "We Gather Together." Nov. 21, 2012.

First item of new post-election "flexibility": U.N. gun control. Volokh.com. Nov. 7, 2012.

Second Amendment results, final. Volokh.com. Nov. 7, 2012.

Podcasts, Radio & Video

Press Conference for 54 Sheriffs et al. v. Hickenlooper. The Independence Institute held a press conference announcing the lawsuit against the new anti-gun bills passed by the Colorado legislature and signed by Governor Hickenlooper. YouTube.com. May 17, 2013.

Colorado Inside Out. Legislature wrap up, pot regulation, gun control, civil unions, in-state tuition for illegal immigrants, James Holmes plea. Post game: Denver Mayor's letter to work with Adams County to develop land around Denver International Airport. May 10, 2013.

In this Guns.com video, Kopel discusses the defeat of Manchin-Toomey, the current state of guns, and the gun debate in Colorado. Later, Kopel talks about his new book, The Truth About Gun Control in this video. May 9, 2013.

The Blaze TV. Discussion of the Kopel-led lawsuit against the three gun control measures passed by the 2013 Colorado legislature. YouTube.com. 5 minutes. May 1, 2013.

Colorado Inside Out. 420 rally developments, Sen. Michael Bennet headlines, state sex offender audit. Post game: Mile High Cab Supreme Court ruling. Apr. 26, 2013.

Independent Voices. Kopel joins iVoices.org to discuss his latest book, "The Truth About Gun Control." MP3. 21 minutes. Apr. 25, 2013.

NRA News. Kopel discusses the many problems of a firearms and mental health bill, and the fight between Mayor Bloomberg's deep pockets and the NRA. YouTube.com. 10 minutes. Apr. 24, 2013.

1310 KFKA. Kopel discusses his new book, Manchin-Toomey, and why the President's gun laws failed. MP3. 19 minutes. Apr. 24, 2013.

NRA News. Kopel discusses his new article on the Volokh Conspiracy blog, "The Pro-Gun Provisions of Machin-Toomey Are Actually a Bonanza of Gun Control." YouTube.com. 6 minutes. Apr. 15, 2013.

NRA News. Kopel discusses his new National Review article, "Turning Gun Owners Into Felons." YouTube.com. 6 minutes. Apr. 5, 2013.

Colorado Inside Out. President Obama's visit re:guns, new developments in Tom Clements murder investigation and James Holmes' case. Post game: DPS School Board chair announcing she won't run for re-election. Apr. 5, 2013.

NRA News. Kopel discusses NY Governor Cuomo's decision to suspend 7-bullet limit on magazines. YouTube.com. 7 minutes. Mar. 25, 2013.

ABC (Australia Broadcasting Commission) Radio National. Discussion of gun control with Professor Robert Spitzer and Professor Adam Winkler. MP3. 29 minutes. Mar. 24, 2013.

Colorado Inside Out. Three gun bills signed by Gov. Hickenlooper, Death Penalty repeal, Civil Unions bill signed into law. Post game: Ten year anniversary of the war in Iraq and the affect in Colorado. Mar. 22, 2013.

NRA News. Kopel discusses the fallout of the three new gun control bills signed by Governor Hickenlooper. The magazine ban is particularly egregious. YouTube.com. 16 minutes. Mar. 20, 2013.

Colorado Inside Out. Gun Bills passing in Senate, Civil Unions passing the House, Medicaid Expansion, Raj Chohan's last show. Post game: Disgrace of the week and say something nice. Mar. 15, 2013.

ABA Civil Rights Subcommittee Roundtable. Discussion on gun violence and whether more gun control is the answer. Kopel joined by Adam Winkler of Gunfight, Prof. Nicholas Johnson of Fordham University's School of Law, and Ladd Everritt from the Coalition to Stop Gun Violence. Moderated by Attorney Bobbie K. Ross. MP3. 60 minutes. Mar. 14, 2013.

NRA News. Kopel discusses the great hypocrisy in the Colorado legislature, whereby some legislators are both smearing certain magazines "designed for mass murder" and begging manufacturer Magpul to stay in Colorado. YouTube.com. 15 minutes. Mar. 13, 2013.

Colorado Inside Out. Proposed gun legislation, Lobato vs. Colorado, Fort Collins fracking ban, Denver Police Chief rejected employee evaluations. Post game: Proposed gun legislation. Mar. 8, 2013.

NRA News. Kopel discusses the gun control measures heading through the Colorado legislature with host Cam Edwards. YouTube.com. 12 minutes. Mar. 7, 2013.

Courts and Congress

Amicus Brief in Jackson v. San Francisco.  Independence Institute brief addresses the proper standard of judicial review in Second Amendment cases. Ninth Circuit Court of Appeals. February 2013.

Letter to Sen. Ted Cruz. Senator Ted Cruz is the ranking member of the U.S. Senate Judiciary Committee Subcommittee on the Constitution, Civil Rights and Human Rights. Letter contains information for the hearing, “Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment.” PDF. Feb. 8, 2013.

Amicus brief in Kerr v. Hickenlooper. Independence Institute and Cato Institute file brief in support of the Taxpayers Bill of Rights (TABOR). Tenth Circuit Court of Appeals. February 2013.

Amicus brief in McKay v. Hutchens. Law enforcement trainers amicus brief in support of right to bear arms. Ninth Circuit Court of Appeals. Dec. 2012.

Amicus brief in support of petitions for a writ of certiorari from the Supreme Court in Pleau v. United States and Chafee v. United States. Sept. 2012.

Amicus brief in Woollard v. Gallagher (4th Circuit), on right to bear arms in Maryland. On behalf of International Law Enforcement Educators & Trainers Association; International Association of Law Enforcement Firearms Instructors, Inc., Prof. Clayton Cramer, and the Independence Institute. Aug. 2012.

Analysis of Supreme Court decision in NFIB v. Sebelius.

Victory in the Colorado Supreme Court! The Court unanimously rules that the University of Colorado may not segregate itself from persons who under Colorado state law are licensed to carry a handgun for lawful defense "everywhere in the state." Kopel's amicus brief for the County Sheriffs of Colorado in Students for Concealed Carry on Campus v. Regents of the University of of Colorado.

Testimony on D.C. Council's proposed revision to the District's gun control laws. Kopel argues against a provision which excessively discriminates against people with visual impairments. The testimony also critiques D.C.'s unusual system of long gun registration. Feb. 13, 2012.

Kopel testified on Nov. 17 before the U.S. Senate subcommittee on Crime and Terrorism regarding S. 463, Senator Schumer's bill to vastly expand the number of people prohibited from owning or temporarily possessing a firearm. 29-page written testimony. Video of subcommittee hearing. Kopel's 5 minute prepared remarks begin at 72:41. At 103:40, there is a Q&A with Senator Grassley, with leads to follow-up questions with Senator Schumer, in which Kopel explains to Schumer what the Schumer bill actually does. Kopel discusses the bill on NRA News. Media coverage: NPR, ABC, Governing, Albany Times Union.

Kopel testified on Sept. 13 before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. Kopel's 24-page written testimony. Video of the subcommittee hearing. Cato Institute podcast with Kopel on the issue.

Amicus brief for the Independence Institute in Kerr v. Hickenlooper (D. Colo.). Rebuts plaintiffs' claim that direct democracy, such as referenda and initiatives, is contrary to the Republican Form of Government clause of the U.S. Constitution. Podcast by II Senior Fellow Rob Natelson on the brief.

International

Накануне президентских дебатов. 2012 presidential debate preview. 28.09.12. MP3 Audio and Video

Накануне съезда Демократической партии США. Democratic Convention preview. 30.08.2012. MP3. Audio and Video

Weapons Laws of the Russian Federation. Independence Institute Issue Paper number 7-2012. May 2012. By Margot van Loon. Full translation of the statutes into English.

Latest Books, Monographs and Journal articles

Knives and the Second Amendment. University of Michigan Journal of Law Reform (forthcoming). With Clayton Cramer and Joseph Olson. Mar. 22, 2013.

Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects. Albany Government Law Review (forthcoming). Mar. 12, 2013. With Trevor Burrus.

Kopel's new book Firearms Law & the Second Amendment; Regulation, Rights, and Policy has just been published. It is the first law school textbook on the Second Amendment. Buy from Amazon. Publisher webpage for book. Authors' website for book; includes Table of Contents, and Preface.

The American Revolution against British Gun Control. Administrative and Regulatory Law News (American Bar Association). Vol. 37, no. 4, Summer 2012.

The Great Gun Control War of the 20th Century--and its Lessons for Today. Fordham Urban Law Journal (forthcoming).

Reducing the Drug War's Damage to Government Budgets. 35 Harvard Journal of Law & Public Policy 543 (2012). With Trevor Burrus.

Bad News for John Marshall. 121 Yale Law Journal Online 529 (2012). With Gary Lawson. Why Obamacare advocates are wrong to claim that finding the mandate unconstitutional will wreck modern constitutional law.

Media quotes and cites

Guns.com interview at the NRA convention. Kopel interviewed about the defeat of the Manchin-Toomey bill, the gun debate in Colorado, and new book, The Truth About Gun Control. Guns.com. By S.H. Blannelberry. May 10, 2013.

Winners and losers of the 2013 Colorado General Assembly. The Denver Post names Kopel one of the winners of this legislative session. The Denver Post. By the editorial board. May 9, 2013.

With gun violence down, is America arming against an imagined threat? Why the decrease in violent crime, coupled with the increase in firearms, disputes the simplistic conventional wisdom. Christian Science Monitor. By Patrik Jonsson. May 8, 2013.

Sheriffs to sue over gun laws. Kopel explains the basis of the lawsuit against the new gun controls. KOAA News. By Andy Koen. Apr. 15, 2013.

States with the Most Gun Violence. How some gun homicide statistics can be skewed. 24/7 Wall Street. Apr. 15, 2013.

DU Law Professor To Help Lawsuit Against New Gun Control Laws. Kopel discusses why background checks are unconstitutional and his impending court battle. CBS4Denver. Apr. 14, 2013.

Attacks from left and right undermine gun bill on mental health. Commentary on the delicate balance between rights for the mentally ill, civil committment and gun law. Health Policy Solutions. By Katie Kerwin McCrimmon. Apr. 11, 2013.

Back From Recess, Congress Preps For Gun Legislation Fight. Kopel quoted in NPR Weekend Edition story on why conservatives are skeptical of background checks. NPR. By Ailsa Chang. Apr. 7, 2013.

Five notable reading-list additions. Kopel's new pamphlet, "The Truth About Gun Control" featured by the Tribune for suggested reading. Pittsburg Tribune. By Alan Wallace. Apr. 6, 2013.

Colorado Democrat quickly backs off gun bill. How Rep. Beth McCann's mental health and guns bill raises due process conerns. Associated Press. Apr. 4, 2013.

After Newtown shootings, pro-gun measures also gain ground. How one-party control can push both pro-gun and anti-gun legislation through state legislatures. MSN News. By James Eng. Apr. 4, 2013.

Report Links High Rates of Gun Violence to Weak State Regulations. Kopel comments on a report that links weak gun controls with high rates of gun violence. New York Times. By Erica Goode. Apr. 2, 2013.

Why NRA says background checks lead to confiscation. Kopel compares universal background checks to smoking and cancer. Houston Chronicle. By Dan Freedman. Mar. 30, 2013.

Legal Challenge Already Planned To Gun Control Laws. CBS interviews, writes story on Kopel filing a lawsuit on behalf of Colorado sheriffs against the new gun laws. CBS4Denver. By Shaun Boyd. Mar. 20, 2013.

Colorado sheriffs say new gun laws aren’t enforceable. What the sheriffs are going to do, with Kopel's help, in response to Colorado's new gun laws. Bangor Daily News. By Jennifer Oldham. Mar. 26, 2013.

On gun laws, look before you legislate. Research on the relationship between gun ownership and liberty cited. By Doug Bandow. Orange County Register. Feb. 27, 2013.

Political accusations fly after Colorado's "Jessica's Law" dies. Why a "Jessica's Law" won't make Colorado any safer. By Lynn Bartels. Denver Post. Feb. 26, 2013.

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Archive of Kopel's blogging

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2011, Nov-Dec.; 2011, Sept.-Oct.; 2011, July-Aug.; 2011, May-June; 2011, Mar.-Apr.; 2011, Jan.-Feb.

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Jerry Kopel