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Independence Institute TV. Apr. 22, 2022. Asking Colorado's Supreme Court to Be Reasonable. Dave discusses his Colorado Supreme Court amicus brief on the Taxpayer's Bill of Rights. According to the Colorado Constitution, TABOR's "preferred interpretation shall reasonably restrain most the growth of government." Yet the Court has adopted an opposite rule. According to the brief, "The Reasonably Restrain Clause is the supreme law of Colorado and it governs the Supreme Court of Colorado. Judicial statements that purport to replace the Reasonably Restrain Clause with a contrary rule are acts of power and not of law."

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:

Jones v. Bonta, No. 20-56174 (9th cir. May 11, 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).

Colorado Constitutional Law and History (2d ed. 2022). Treatise and textbook on Colorado's wonderful Constitution--and on how the courts and other branches have nullified much of it. Buy at: Amazon, Barnes and Noble, Books-A-Million, IndieBound (to arrange pickup at a local bookstore), or from Vandeplan Publishing. Any of these vendors will sell you the printed book. If you want the ebook, you must buy from Vandeplas and must have an academic email account to install the reader software.

New textbook: Firearms Law and the Second Amendment: Regulation, Rights, and Policy. Reason/Volokh Conspiracy. April 28, 2022.

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.

Chronos v. Department of Labor and Employment. Independence Institute amicus brief in Colorado Supreme Court, in support of neither party. The court should stop nullifying the Taxpayer's Bill of Rights and should obey the TABOR textual rule: “Its preferred interpretation shall reasonably restrain most the growth of government.” Mar. 9, 2022.

Guns Kill People, and Tyrants with Gun Monopolies Kill the Most. 24 Gonzaga Journal of International Law (2022, forthcoming).


Short articles

How Often Do Armed Citizens Defend Themselves? America's 1st Freedom. May 2022.

Audio books on European history. Reason/Volokh Conspiracy. April 30, 2022.

Audio books on British history. Reason/Volokh Conspiracy. April 29, 2022.

New textbook: Firearms Law and the Second Amendment: Regulation, Rights, and Policy. Reason/Volokh Conspiracy. April 28, 2022.

A glossary of militia law terms. Understanding the equipment early Americans had to possess. Reason/Volokh Conspiracy. April 27, 2022.

Open letter to Denver City Council on licensed concealed carry. Apr. 21, 2022. In Colorado, a person with a concealed carry permit is about 39 times less likely to be arrested than a person without a permit. Bans on licensed carry in public parks are probably unconstitutional.

Tibet's armed resistance to Chinese invasion Part 6: The Tibetan resistance continues, and thwarts a genocide. Reason/Volokh Conspiracy. March 17, 2022.

Tibet's armed resistance to Chinese invasion. Part 5: 1959, Lhasa, and the Momentous Day. Reason/Volokh Conspiracy. March 16, 2022.

Tibet's armed resistance to Chinese invasion. Part 4: 1958—the Chushi Gangdruk unify the uprising. Reason/Volokh Conspiracy. March 15, 2022.

Tibet's armed resistance to Chinese invasion. Part 3: Eastern Tibet is liberated 1956-57. Reason/Volokh Conspiracy. March 14, 2022.

Tibet's Armed Resistance to Chinese Invasion. Part 2: Communist orders for gun registration lead to revolt. Reason/Volokh Conspiracy. March 13, 2022.

Tibet's Armed Resistance to Chinese Invasion. Part 1: The feckless Tibetan government fails to prepare. Rhttps://stream.org/the-roots-of-the-american-revolution-lie-in-the-middle-ages/eason/Volokh Conspiracy. March 12, 2022.

911 Response Times Have Gone Up. America's 1st Freeom. Feb. 24, 2002.

Maryland Rifle Ban in the Supreme Court: Professors' and think tanks' amicus brief urges Court to grant certiorari. Reason/Volokh Conspiracy. Feb. 11, 2022.

Georgetown Law's actions against Ilya Shapiro lack credibility: Criticizing racial discrimination is protected by the university’s ‘Speech and Expression Policy.' Reason/Volokh Conspiracy. Feb. 3, 2022..


In the Media

Denver councilwoman blasts colleagues on concealed carry ban in parks: ‘There is blood on their hands.’ Complete Colorado. May 17, 2022. Sherrie Peif.

Should New York's red flag law have stopped accused Buffalo supermarket shooter? Associated Press. May 17, 2022. Lindsay Whitehurst, Michael Tarm and James Anderson.

Denver Council Could Ban Concealed Carry on City Property. Westword. May 16, 2022. Conor McCormick-Cavanagh.

Justices weigh whether Colorado's paid family, medical leave program violates TABOR. Colorado Politics. MichnewaelL Karlik. May 5, 2022.

Colorado Supreme Court to consider whether state’s new paid family leave law violates TABOR: Challenge to voter-approved law focuses on whether funding mechanism is unconstitutional. Denver Post. Apr. 29, 2022. Shelly Bradbury.

The Roots of the American Revolution Lie in … the Middle Ages. The Stream. Apr. 29, 2022. John Zmirak. Discusses Kopel's book The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition.

Edgewater City Council gets an earful; scales back list of possible gun rights restrictions. Complete Colorado. Apr. 24, 2022. Sherrie Pief.

Fact-check: Does the Second Amendment place limits on individual ownership of cannons? PolitiFact.com, in Austin-American Statesman. Apr. 19, 2022. Yacob Reyes,

Facts Matter: Constitution does not prohibit ownership of a cannon. Daily Herald (Chicago). Apr. 16, 2022.

Biden calls gun dealers ‘merchants of death’ in new gun control speech. American Military News. Apr. 11, 2022. Liz George.

Governments Prefers Its Citizens Unarmed & Defenseless. Ammoland. March 21, 2022. Alan J. Chwick and Joanne D. Eisen.

Knife rights part of Outdoors beat. Arkansas Democrat Gazette. Mar. 10, 2022. Bryan Hendricks.

Denver, Aurora councilmembers to launch joint community gun buyback program. Denver 7 ABC TV. Mar. 7, 2022. Sydney Isenberg.


Television, Radio, Podcasts  

Colorado Inside Out. Apr. 29, 2022. Tribute to the great Dennis Gallagher. Jared Polis give tax refunds several months early; Heidi Ganahl defeated his 2019 plan to eliminate refunds. Fentanyl bill should not punish people without mens rea. Colorado's failure to prepare for droughts. Disgrace/something nice: Biden's new disinformation czar spreads disinformation. Colorado astronauts on International Space Station.

Independence Institute TV. Apr. 22, 2022. Asking Colorado's Supreme Court to Be Reasonable. Dave discusses his Colorado Supreme Court amicus brief on the Taxpayer's Bill of Rights. According to the Colorado Constitution, TABOR's "preferred interpretation shall reasonably restrain most the growth of government." Yet the Court has adopted an opposite rule. According to the brief, "The Reasonably Restrain Clause is the supreme law of Colorado and it governs the Supreme Court of Colorado. Judicial statements that purport to replace the Reasonably Restrain Clause with a contrary rule are acts of power and not of law."

Colorado Inside Out. Apr. 22, 2022. Election security bill removes provision to give Secretary of State Griswold the power to censor county clerks. US District rejects TRO motion by groups complaining about events in 2021. When shoveling more taxpayer money at homelessness, legislature should require studies on programs' effectiveness. Disgrace/something nice: Polis's ridiculous claim that Colorado government never engages in "socialist" meddling in business affairs. Florida judges rightly says that Congress, not Fauci, has the power to impose mask mandates.

Colorado Inside Out. Apr. 15, 2022. Full episode: Both Republican and Democratic state assemblies were full of fools who believe phony claims about stolen elections. The War on Drugs has been a miserable failure for over a century. New CU President Todd Saliman is very competent. Disgrace/something nice: El Paso Republican chair Vickie Tonkins continues to cheat for her favored intraparty candidates. The path-breaking career of my mother, Dolores Kopel.

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

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

Jones v. Bonta, No. 20-56174 (9th cir. May 11, 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.

Chronos v. Department of Labor and Employment. Independence Institute amicus brief in Colorado Supreme Court, in support of neither party. The court should stop nullifying the Taxpayer's Bill of Rights and should obey the TABOR textual rule: “Its preferred interpretation shall reasonably restrain most the growth of government.” Mar. 9, 2022.

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.

Duncan v. Bonta, ---F.3d---, No. 19-55376 (9th Cir., Nov. 30, 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).

People of the State of Illinois v. Vivian Claudine Brown. No 127201. Amicus brief of State's Attorney Stewart J. Umholtz, Professors Of Second Amendment Law, Independence Institute, Firearms Policy Foundation, and Firearms Policy Coalition. Nov. 17, 2021. The government cannot criminalize the simple keeping of an ordinary long gun in the home by a person who is not prohibited from possessing firearms.

Congressional Second Amendment Caucus of the U.S. House Freedom Caucus. Hearing on Second Amendment issues. Nov. 16, 2021. 63 minutes.

Rosales-Gonzalez v. United States. No. 21-5305. Cert. petition amicus brief by Drug Policy Alliance, joined by NAACP, Law Enforcement Action Partnership, Independence Institute, Libertas Institute, and Due Process Institute. A defendant’s ability to pay should be considered when determining if a fine, including civil asset forfeiture, is excessive under the Eighth Amendment. Civil asset forfeiture has been widely abused, and is often used against poor people with few assets.

New York State Rifle & Pistol Association v. Bruen. U.S. Supreme Court. No. 20-843. Amicus brief of Professors of Second Amendment Law, Weld County, Colorado, Weld Sheriff Steve Reams, Independence Institute, and Firearms Policy Foundation. July 14, 2021.

Terkel v. Centers for Disease Control. U.S. Fifth Circuit Court of Appeals. No. 21-40137. Amicus brief of Cato Institute, Prof. Randy E. Barnett, Reason Foundation, Individual Rights Foundation, and Independence Institute. June 3, 2021. The federal government's power to regulate interstate commerce does not authorize a federal ban on evictions.

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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