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Independence Institute TV. May 25, 2022. Dave discusses his new book Colorado Constitutional Law and History (Vandeplas Publishing, 2d ed. 2022).

Colorado Inside Out. Sept. 23, 2022. Issues on the 2022 ballot. Governor Polis's sleazy tax refund letter cleared of charges of campaign finance violations. Independent expenditures in Colorado races. Judge refuses to overturn jury verdict against Denver police. Disgrace/something nice: Governor's office attacks Independence Institute. Marianne Goodland wins Colo. Press Association awards.

Latest:

The United States Constitution vs the Regime of Mao Zedong: Opposite Systems of Government. Constituting America. Aug. 15, 2022.

Maryland Shall Issue v. Hogan. No. 21-2017. Fourth Circuit amicus brief. Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home. Aug. 10, 2022.

Fourth Circuit amicus brief on Maryland handgun licensing law: Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home. Reason/Volokh Conspiracy. Aug. 10, 2022.

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).

Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen. Summary of above article for Cato Supreme Court Review. Reason/Volokh Conspiracy. Aug. 8, 2022.

Boulder County’s new gun law imperils public. The Gazette (Denver). Aug. 8, 2022.

Clarence Thomas's Long Victory. Washington Examiner. July 7, 2022.

Victories in the Courts:

In New York State Rifle and Pistol Assoc. v. Bruen, the U.S. Supreme Court cites Kopel's article The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018). (Page 27 of the slip opinion).

Frein v. Pennsylvania State Police, --- F.4th ----, No.21-1830 (3d Cir. Aug. 30, 2022). Citing The Second Amendment in the Nineteenth Century, 1998 BYU L. Rev. 1359, 1445–48 (1998). Police seized guns owned by a criminal's parents. The parents and their guns were not involved in the crime. Eight years later, the guns must be returned.

Jones v. Bonta, 34 F.4th 704 (9th Cir. 2022). California ban on young adult purchases of semiautomatic centerfire rifles violates the Second Amendment. Majority cites Kopel's The Second Amendment Rights of Young Adults. 43 Southern Illinois University Law Journal 495 (2019); and 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).

Duncan v. Bonta. No. 21-1194. U.S. Supreme Court amicus brief in support of cert. petition. Lower federal courts have refused to apply the Supreme Court's "common use" test for protected arms, and have invented substitute tests to uphold arms bans. Mar. 31, 2022. Result: On June 30, the Supreme Court granted certiorari, vacacted the lower court's decision, and remanded for consideration in light of Bruen.


Short articles

The United States Constitution vs the Regime of Mao Zedong: Opposite Systems of Government. Constituting America. Aug. 15, 2022.

Fourth Circuit amicus brief on Maryland handgun licensing law: Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home. Reason/Volokh Conspiracy. Aug. 10, 2022.

Boulder County’s new gun law imperils public. The Gazette (Denver). Aug. 8, 2022.

Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen. Summary of article for Cato Supreme Court Review. Reason/Volokh Conspiracy. Aug. 8, 2022.

Colorado U.S. District Court issues TRO against magazine and gun ban. Ruling against town of Superior's law is the first post-Bruen decision on arms bans. Reason/Volokh Conspiracy. July 22, 2022.

Clarence Thomas's Long Victory. Washington Examiner. July 7, 2022.

Guns Kill People, and Tyrants with Gun Monopolies Kill the Most: In the long term, disarmament often leads to mass murder by government. Reason/Volokh Conspiracy. June 9, 2022.

The Colorado and Ohio model programs that train teachers to defeat active shooters: Faculty/Administrator Safety Training & Emergency Response (FASTER). Reason/Volokh Conspiracy. June 1, 2022.


In the Media

Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism. The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause. Reason. Sept. 14, 2022. Jacob Sullum.

Leave virtue signaling to signs, not canceled PrideFest or gun shows. Denver Post. Sept. 12, 2022. Krista Kafer.

Stymied gun control laws in Boulder County don’t mean death of all Colorado firearms restrictions, experts say. Denver Post. Sept. 4, 2022. John Aguilar.

Today in History: British Seizure of Gunpowder Leads to "Powder Alarm." Tenth Amendment Center. Sept. 1, 2022. Mike Maharrey.

Lyons considering gun restrictions of its own following Boulder, Superior ordinances. Denver 7 television. Aug. 30, 2022. Meghan Lopez.

USA TODAY Fact check: Militia law in 1792 included minimum weapon requirements, but no maximums. USA Today. Aug. 8, 2022. Ana Faguy.

Gun rights activists sue to stop enforcement of Colorado’s 2013 large capacity magazine ban. The Gazette (Denver). Aug. 3, 2022. Scott Weiser.new


Television, Radio, Podcasts  

Colorado Inside Out. Sept. 23, 2022. Full episode. Issues on the 2022 ballot. Governor Polis's sleazy tax refund letter cleared of charges of campaign finance violations. Independent expenditures in Colorado races. Judge refuses to overturn jury verdict against Denver police. Disgrace/something nice: Governor's office attacks Independence Institute. Marianne Goodland wins Colo. Press Association awards.

Cato Institute. 21st Annual Constitution Day. The Supreme Court: Past and Prologue A Look at the 2021 and 2022 Term. Panel III, Guns, Drugs, and Abortion. Sept. 16, 2022. Kopel starts at 4:30:04. Kopel only, for C-Span Bell Ringers (program to teach social studies). Clip 1 (Introduction), Clip 2 (The 2nd Amendment Before the Case), Clip 3 (The Case), Clip 4 (Permissible Controls and the Opinion).

Colorado Inside Out. Sept. 9, 2022. Full episode. Ortega is frontrunner in Denver Mayor's race, but Herod and Brough are formidable. Secretary of State Griswold is most vulnerable statewide incumbent in 2022. While quarterback Russell Wilson is a great community contributor, NFL funding for "defund the police" made me stop watching. Xcel electricity cut-offs during heat wave are a harbinger of blackouts from Xcel's abandonment of maintenance and "public service." Disgrace/something nice: RTD hides ridership data during free ride August. Queen Elizabeth II: Duty, honor, country.

Colorado Inside Out. Sept. 2, 2022. Full episode. Paul Pazen steps down as Denver Police Chief. U.S. Senate race gets closer. Denver government's publicity campaign for downtown ignores crime problem. Best things: The wonderful career of U.S. Rep. Pat Schroeder. The wonderful career of my late mother Dolores Kopel.

Superior's gun law to ban assault weapons temporarily blocked by federal judge. Denver 7, ABC. July 25, 2022. Meghan Lopez.

How does Supreme Court's decision on NY gun law affect Colorado? CBS News Colorado, Channel 4. June 23, 2022. Rick Sallinger.

Dave Kopel on Guns and Tyranny. Self in Society, with Ari Armstrong. June 15, 2022. 65 mins.

ConcealedCarry dot com. June 1, 2022. Season 6 episode 12. How Often Do Armed Citizens Defend Themselves? And lots of other arms policy discussion. 74 minutes.

Independence Institute TV. May 25, 2022. About 7% of Colorado's Constitution is being ignored by Colorado courts. Dave discusses his new book Colorado Constitutional Law and History (Vandeplas Publishing, 2d ed. 2022).

What Do the Bible and Christian Tradition Say About Self Defence, Gun Rights, and Liberty? More Christ. 91 minutes. Discussion of Kopel's book The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition. (Praeger, 2017).


Latest Monographs & Journal articles

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. 24 Gonzaga Journal of International Law (2021, forthcoming).

Errors of Omission: Words Missing from the Ninth Circuit's Young v. State of Hawaii, 2021 University of Illinois Law Review Online 172 (May 13, 2021). With George A. Mocsary.

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


In the Courts and Congress

United States v. Coombs, 2022 WL 4367056, No. 22-CR-00189-GKF (D. Okla., Sept. 21, 2022). Citing The First Amendment Guide to the Second Amendment, 81 Tennessee Law Review 417 (2014).

Frein v. Pennsylvania State Police, --- F.4th ----, No.21-1830 (3d Cir. Aug. 30, 2022). Citing The Second Amendment in the Nineteenth Century, 1998 BYU L. Rev. 1359, 1445–48 (1998). Police seized guns owned by a criminal's parents. The parents and their guns were not involved in the crime. Eight years later, the guns must be returned.

Maryland Shall Issue v. Hogan. No. 21-2017. Fourth Circuit amicus brief. Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home. Aug. 10, 2022.

Jones v. Bonta, 34 F.4th 704, 717 n.8, 10-13 (9th Cir. 2022). California ban on young adult purchases of semiautomatic centerfire rifles violates the Second Amendment. Majority cites Kopel's The Second Amendment Rights of Young Adults. 43 Southern Illinois University Law Journal 495 (2019); and 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).

Duncan v. Bonta. No. 21-1194. U.S. Supreme Court amicus brief in support of cert. petition. Lower federal courts have refused to apply the Supreme Court's "common use" test for protected arms, and have invented substitute tests to uphold arms bans. Mar. 31, 2022. Result: On June 30, 2022, the U.S. Supreme granted the cert. petition, vacated the decision below, and remanded for further consideration in light of Bruen.

Bianchi v. Frosh. No. 21-902. Cert. petition amicus brief for Professors of Second Amendment Law, Cato Institute, John Locke Foundation, Center to Keep and Bear Arms, and Independence Institute. Maryland's ban on semiautomatic rifles violates the Second Amendment, and lower court cases upholding rifle bans are illogical. Feb. 11, 2022. Result: On June 30, 2022, the U.S. Supreme granted the cert. petition, vacated the decision below, and remanded for further consideration in light of Bruen.

Duncan v. Bonta, 19 F.4th 1087, 1130, 1154, 1162 n.3 (9th Cir., 2021) (en banc). Majority cites The History of Firearms Magazines and of Magazine Prohibition. 78 Albany Law Review 849 (2015). Dissent by Judge Bumatay (joined by Judges Ikuta and Nelson) also cites that article. Judge Van Dyke's dissent cited The Federal Circuits' Second Amendment Doctrines. 61 St. Louis University Law Journal 193 (2017). Result: On June 30, 2022, the U.S. Supreme granted the cert. petition, vacated the decision below, and remanded for further consideration in light of Bruen.

Florida v. Garcia. Florida Supreme Court. No. SC20-1419. Merits amicus brief of Independence Institute and Due Process Institute (May 10, 2019). Compelling an individual to disclose his cell phone password to law enforcement is violates the Fifth Amendment and the Florida Constitution. Oral argument was held in this case on Nov. 3, and some commentators predict that the case is headed to the U.S. Supreme Court.

 

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Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and those whom he follows on Twitter.

Nothing written here is to be construed as necessarily representing the views of the Independence Institute. Please send comments to Independence Institute, 727 East 16th Avenue, Denver, Colorado 80203 Phone 303-279-6536. (email webmngr @ i2i.org)

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