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Firearms Policy Scholar David Kopel on Fallout from the SCOTUS 'Ghost Gun' Ruling. The Reload. Mar. 30, 2025.

State-Trained Shooters. Kopel explains Colo. SB25-003, imposing a harsh permitting system for acquiring modern firearms. And the long-running culture war against gun owners. Independence Institute TV. Apr. 16, 2025. 53 min.

New

Negating Democratic Consent: How the Colorado Supreme Court has Nullified Colorado Constitutional Limits on Taxes, Debt, and Corporate Privilege. 102 Denver Univ. Law Review 449 (2025).

Machine Gun History and Bibliography. 25 Wyoming Law Review 45 (2025).

The Social Cost of Nullifying the Right to Arms: The Case of Mexico. 62 South Texas Law Review 137 (2025). With Joseph G.S. Greenlee and Bhav Ninder Singh.

Smith & Wesson v. Mexico. No. 23-1141. Supreme Court amicus brief of the National Rifle Association, FPC Action Foundation, and Independence Institute. Merits brief on Mexico's abusive, unlawful lawsuit against American firearms manufacturers. Dec. 3, 2024. Cited and quoted by the New York Times, Washington Post, USA Today, and CNN.

Short articles

Senate Bill 3: Gun licensing scheme much broader than claimed. Complete Colorado. Mar. 28, 2025. With Matt Larosiere.

The Social Cost of Nullifying the Right to Arms: The Case of Mexico. If the Mexican executive branch obeyed the Mexican Constitution, the Mexican people would be safer. Reason/Volokh Conspiracy. Mar. 3, 2025. Discussion of the South Texas Law Review article.

Supreme Court amicus briefs on gun crime in Mexico. Mexico's amici take shots at our brief in Smith and Wesson v. Mexico. Reason/Volokh Conspiracy. Feb. 18, 2025.

El riesgo de los lobos solitarios en Occidente. La Razon (Spain). Jan. 5, 2025. Interview by Susana Campo..


In the Media

Coloradans will lose a constitutional right. The Gazette. Apr. 4, 2025.

Denver photo exhibit challenges presumptions about black gun owners. Complete Colorado. Feb. 11, 2025. Ari Armstrong.

Guns and Grammar: Though awkward and antiquated, the Second Amendment’s syntax and grammar unambiguously protect gun rights. Reason. Jan. 27, 2025. Jay Stooksberry.

AR-15 Rifles and the Constitution: Does the Second Amendment include a right to own one? The Supreme Court might soon decide. Wall Street Journal. Editorial Board. Dec. 8, 2024.


Television, Radio, Podcasts 

State-Trained Shooters. Kopel explains Colo. SB25-003, imposing a harsh permitting system for acquiring modern firearms. And the long-running culture war against gun owners. Independence Institute TV. Apr. 16, 2025. 53 min.

Drew Mariani Show. Colorado and other gun issues. Apr. 15, 2025.

Colorado Inside Out. Apr. 11, 2025. State budget out of control. The Constitution gives Congress, not the President, the tariff power. Sen. Lorena Garcia bill would make it illegal to state the William "Lia" Thomas is a man who cheats at swimming. Denver sales taxes are six times higher than decades ago, but taxpayers get less for their money. Disgrace: Colorado now ranks behind Mississippi in student reading. Best thing: Denver U. men's hockey in Frozen Four.

Dan Caplis Show. KHOW 630, Denver. Independence Institute's Dave Kopel on Jared Polis Signing Colorado's Gun Bill. Apr. 11, 2025.

Firearms Policy Scholar David Kopel on Fallout from the SCOTUS 'Ghost Gun' Ruling. The Reload. Mar. 30, 2025.

Colorado Inside Out. Feb. 28, 2025. Colo. Dept. of Transportation produces bogus numbers about Denver International Airport economic impact. Colorado state government found to be paying Medicaid for dead people, after failing three previous anti-fraud audits. Nuclear energy is safer and better for the environment than wind or solar. Small Business Administration to move out of Denver. Best things: Colorado School of Mines mens BB wins their conference. New Leonardo da Vinci museum in Pueblo.

90 Executive Orders in 30 Days: Trump's Turbulent First Month in Presidency. Radio Free Europe/Radio Liberty. Russian language station. 22.02.2025. In Russian.

What Will What Will Trump's Executive Order on Guns Deliver? The Reload videocast. Feb. 13, 2025. 53 minutes.


Latest Monographs & Journal articles

Negating Democratic Consent: How the Colorado Supreme Court has Nullified Colorado Constitutional Limits on Taxes, Debt, and Corporate Privilege. 102 Denver Univ. Law Review 449 (2025).

Machine Gun History and Bibliography. 25 Wyoming Law Review 45 (2025).

The Social Cost of Nullifying the Right to Arms: The Case of Mexico. 62 South Texas Law Review 137 (2025). With Joseph G.S. Greenlee and Bhav Ninder Singh.

The History of Bans on Types of Arms Before 1900. Including handguns, Bowie knives, daggers, slungshots, brass knuckles, cannons and more. 50 Journal of Legislation 223 (Notre Dame) (2024). With Joseph G.S. Greenlee.

Restoring the right to bear arms: New York State Rifle and Pistol Association v. Bruen. In 2021-22 Cato Supreme Court Review (Trevor Burrus ed., Sept. 16, 2022).

Guns Kill People, and Tyrants with Gun Monopolies Kill the Most. 25 Gonzaga Journal of International Law 20 (2021).

Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review 39 (2021).


In the Courts and Legislatures

Written testimony on semiauto long gun ban. Colorado Senate State Affairs Committee. Senate State Affairs Committee.

Smith & Wesson v. Mexico. No. 23-1141. Supreme Court amicus brief of the National Rifle Association, FPC Action Foundation, and Independence Institute. Merits brief on Mexico's abusive, unlawful lawsuit against American firearms manufacturers. Dec. 3, 2024.

Smith & Wesson v. Mexico, No. 23-1141 (U.S. Sup. Ct., May 22, 2024). Amicus brief for National Rifle Association and Independence Institute in suppport of cert. petition. Mexico is copying the malicious tactics of the American gun prohibition lobby in previous decades, with meritless litigation designed to destroy the firearms industry through litigation expenses. Mexico's crime problem is self-inflicted by its corrupt government and its nullification of the Mexican Constitution right to arms. Claims that a large percentage of Mexican crime guns are American, or recently acquired in America, are provably false.

United States v. Rahimi. No. 22-915 (U.S. Sup. Ct., Oct. 4, 2023). Amicus brief. This brief, alone among the all the briefs filed, distinguished the two subparts of 18 U.S.Code 922(g)(C). The (C)(i) restriction arms rights of individuals whom a court has found to be "a credible threat" to intimate partners does not infringe the Second Amendment. The (C)(ii) restriction is based on no findings at all, and is an infringement. The Supreme Court's June 21, 2024, decision upheld (C)(i) (the subsection under which Rahimi had been convicted) and pointedly stated that the Court was not deciding that (C)(ii) is constitutional. The brief was filed on behalf of professors Randy Barnett, Robert Cottrol, Lee Francis, Donald Kilmer, Joyce Malcolm, George Mocsary, Joseph Muha, Joseph Olson, Glenn Reynolds, and Gregory Wallace; the Second Amendment Law Center; and the Independence Institute.

Garland v. Cargill, No. 22-976 (U.S. Sup. Ct., Jan. 26, 2023). Amicus brief. The Court's June 14, 2024, decision agreed with the position argued in the amicus brief that the federal statutory definition of "machinegun" as a gun that "automatically" fires more than one bullet by "a single function of the trigger" can not be redefined by ATF to mean "a single pull." The brief was filed on behalf of Senators Cynthia M. Lummis (Wyoming), Mike Lee (Utah), Kevin Cramer (North Dakota), John Barrasso (Wyoming), Pete Ricketts (Nebraska), Steve Daines (Montana), Cindy Hyde-Smith (Mississippi), Mike Rounds (South Dakota), Markwayne Mullin (Oklahoma); Professors Royce de R. Barondes (Missouri, emeritus), F. Lee Francis (Mississippi College School of Law), Nicholas J. Johnson (Fordham), Donald E.J. Kilmer, Jr. (Lincoln Law School), Joyce Malcolm (George Mason, emerita), Joseph V. Muha (Akron), Joseph E. Olson (Mitchell-Hamline, emeritus), David A. Raney (Hillsdale), Glenn H. Reynolds (Tennessee), E. Gregory Wallace (Campbell); and the Independence Institute.

NRA v. Vullo, No. 22-842 (U.S. Sup. Ct., Jan. 16, 2023). Amicus brief. The Court's decision of May 30, 2024, agreed with the brief that the threats of NY Governor and his financial regulatory agency against banks and insurances companies that do business with the NRA violated the First Amendment. The brief was filed on behalf of the Second Amendment Foundation, John Locke Foundation, and Independence Institute.

Gates v. Polis, No. 22-cv-1866-GPG-SKC (D. Colo., Nov. 30, 2023). Amicus brief of the International Law Enforcement Educators and Trainers Association, the Colorado Law Enforcement Firearms Instructors Association, the Western States Sheriffs Association, Sheriffs John Feyen (Larimer County), Gene Lillard (Montrose), Brett Powell (Logan), Todd Rowell (Mesa), Steve Reams (Weld), Aaron Shiplett (Baca), Lou Vallario (Garfield), Sam Zordel (Prowers), and the Independence Institute. Colorado ban on magazines over 15 rounds endangers public safety. Motion for Leave to File Amicus Brief.

 

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