Latest: U.S. Senate Subcommitte on the Constitution. Hearing on Red Flag laws. Apr. 28, 2021.
"The Right to Bear Arms" by Stephen Halbrook: Book Review. A book that may may help decide the Supreme Court's upcoming right to carry case. Reason/Volokh Conspiracy. May 1, 2021.
Errors of Omission: Words Missing from the Ninth Circuit's Young v. State of Hawaii, Univ. of Illinois Law Review (forthcoming 2021). With George A. Mocsary.
Americans Have Always Owned New Gun Designs. America's 1st Freedom. Apr. 4, 2021.
Ninth Circuit holds there is no right to bear arms outside the home. Reason/Volokh Conspiracy. Apr. 1, 2021. With George Mocsary.
How to Speak to New Gun Owners. America's 1st Freedom. Feb. 2021.
Defund the Police. “Defund the police” is not the slogan of people who sincerely believe that black lives matter. Independent Thinking. Winter 2021.
Christmas for Everyone: Graland's Christmas Pageant. Reason/Volokh Conspiracy. Dec. 24, 2020. A story of religious majorities and minorities thriving together.
The NRA Has Always Stood For Freedom. America's 1st Freedom. Jan. 2021. (published Dec. 24, 2020).
The Cult of Mao 1966 v. 2020. Part 3: An all encompassing religion. Epoch Times. Dec. 9, 2020. Part 3 in a series observing similarities between China’s Cultural Revolution and the United States today. The Cultural Revolution culminated in a new religion based on worship of Chairman Mao. In West today, the "woke" admirers of Maoism have created a new religion based on violence, hatred, and totalitarianism.
Rage Mobs 1966 v. 2020. Part 2: Red Guards begin rampaging. Epoch Times. Dec. 9, 2020. Part 2 in a series observing similarities between China’s Cultural Revolution and the United States today.
Cultural Revolution 1966 v. 2020 Part 1: The start of the Cultural Revolution in China. Epoch Times. Dec. 6, 2020. Part 1 in a series observing similarities between China’s Cultural Revolution and the United States today.
How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.
Gun Control Puts Your Life at Risk. In the 20th century, far more people were murdered by genocidal governments than by armed criminals. Reason. Oct. 2020.
In the Media
Biden takes executive action on stabilizing brace for pistols, citing Boulder shooting. Channel 7, Denver. Apr. 8, 2021. Ryan Osborne, Meghan Lopez
Colorado massacre spurs calls for state action on gun deaths. Associated Press. Mar. 28, 2021. Lindsay Whitehurst.
A city that tried to regulate guns. Washington Post. Mar. 25, 2021. Scott Wilson.
The Firearm The Accused Boulder Shooter Bought Looks Like A Rifle, But It’s Regulated Like A Pistol. Colo. Public Radio. Mar. 24, 2021. Ben Markus.
Gun industry prepares for a surge in demand after back-to-back mass shootings. CNN Business. Mar. 24, 2021. Chauncey Alcorn.
Amy E. Swearer, Heritage Foundation, Constitutional and Commonsense Steps to Reduce Gun Violence, Testimony before the U.S. Senate Committee on the Judiciary, Mar. 23, 2021.
No, Rubio’s ‘red-flag’ bill would not allow gun confiscation without due process. Politifact. Mar. 4, 2021. Tom Kertscher.
Biden's 'commonsense' gun law reforms make no sense. Washington Examiner. Mar. 2, 2021. Tristan Hood.
Colorado Bill Mandating Secure Storage Of Guns Passes First Committee. CBS Denver. Mar. 2, 2021. Shaun Boyd.
Bump stocks have a day in court, again. Denver Gazette. Jan 28, 2021. Julia Cardi.
Fed Rule Bars Banks From Targeting Gun Manufacturers: Admin rebukes Obama-era Operation Choke Point. Washington Free Beacon. Jan. 15, 2021. Stephen Gutowski.
Television, Radio, Podcasts
Biden announces executive orders on guns. Drew Mariani Show. Apr. 8, 2021. 35 minutes.
The History of Homemade Guns. Apr. 5, 2021. Kopel interviews Mark Tallman, author of Ghost Guns: Hobbyists, Hackers, and the Homemade Weapons Revolution. 3D printing technology is creating a new frontier in homemade weapons. How will these new guns and production methods change government policy, the culture, and self defense in the future? Episode #002 of Kopel's Law and Liberty News, on Independence Institute TV (IITV). 88 minutes.
Colorado Inside Out. Apr. 2, 2021. Full episode. Colo. legislature to give lawyers to people in immigration court (good) and public housing to unlawful aliens ahead of citizens and legal immigrants (bad). Vaccinations race to keep ahead of CCP virus mutations. The late Chief Justice Mark Mullarkey's husband Tom Korson contributed to her success. Stimulus deficit spending takes the U.S. further down the road to fiscal collapse. Disgrace/something nice: Eric Sonderman's Colo. Rockies optimism. Good guy with concealed carry permit stops mass shooting at Tulsa mall.
Gun control and murders in Boulder. Persecution of law-abiding gun owners is like Trump's persecution of law-abiding Muslims. Meaning of the Second Amendment. Jeff Crank Show. Apr. 3, 2021. Kopel starts at 1:00:24.
Colorado Inside Out. Mar. 26, 2021. Full episode. Murders at Boulder King Soopers. Virus lockdown must take into account the health harms of lockdowns. More layer of bureaucracy and paper work from state government health care micromanagement will drive health costs up even more. End of legislative attempt to shield powerful public health care boards from public accountability. Disgrace/something nice: Sen. Kerry Donovan revises bill for censorship commission as just a bill to study creating a censorship commission. Officer Eric Talley exemplified the compassion and courage of many law enforcement officers.
Biden's new attacks on law-abiding gun owners. Drew Mariani Show. Mar. 23, 2021. Segments starts at 23:50.
Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. Pennsylvania Bar Institute. Continuing Legal Education. One hour. Oct. 26, 2020.
Guns: Culture, Control, and Trump. Devil's Advocate with Jon Caldara. July 24, 2020. Examining increases in gun ownership in 2020, and over the last seven decades. The racist history of American gun control. 36 minutes.
Constitutional Chats, from Constituting America. Federalist Paper 37, The Difficulties of Convention, by James Madison. June 9, 2020. Because of the limits of human knowledge and language, and the diversity of human interests, the proposed Constitution could not be expected to be theoretically perfect. One hour video.
Latest Monographs & Journal articles
Errors of Omission: Words Missing from the Ninth Circuit's Young v. State of Hawaii. University of Illinois Law Review (forthcoming 2021). With George A. Mocsary.
Fewer Guns, More Genocide: Europe in the Twentieth Century. Working paper (2021).
The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML
Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review (forthcoming 2020).
In the Courts and Congress
Caniglia v. Strom. No. 20-157. Merits amicus brief of Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute (Jan. 15, 2021). A judicially-created "community caretaking exception" to the Fourth Amendment allows warrantless searches of automobiles without probable cause. Can the exception be extended to the home? The amicus brief urges not, based on the historical sanctity of the home in Anglo-American law, plus analysis of the text of the Amendments I through V.
Folajtar v. Rosen. No 20-812. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, and Independence Institute. (Jan. 14, 2021). Lisa Folajtar pled guilty to cheating on her taxes in 2011, and served three years probation. She has been law-abiding ever since, and has never been dangerous. She should not lose the right to arms for the rest of her life.
Holloway v. Rosen. No. 20-782. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, Independence Institute, and Mountain States Legal Foundation Center to Keep and Bear Arms (Jan. 7, 2021). The Second Amendment allows dangerous people to be disarmed, but not disarmament of a person who is said to lack "virtue."
Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey. No. 19-3142 (3d Cir. Sept. 22, 2020). Amicus brief of law professors, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. In support of petition for rehearing en banc, regarding N.J. magazine confiscation statute.
Young v. Hawaii, No. 12-17808 (9th Cir. en banc 2020). Amicus brief for Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute. Hawaii ban on licensed open carry.
Vermont v. Misch, No. 2019–266 (Apr. 24, 2020). Amicus brief of Cato Institute, Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute. Vermont magazine ban violates the text, history, tradition, and policy of the Vermont Constitution's right to arms. Statutory addendum.