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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).

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

Latest:

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.

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.

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).

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

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.

A response to the latest vilification campaign against the NRA. David Kopel at the National Firearms Law Seminar. Reason/Volokh Conspiracy. May 27, 2022. Follow-up: A briefer reply to Orin Kerr. Reason/Volokh Conspiracy. May 28, 2022.

The Statistical Truth About the Impact of Constitutional Carry. America's 1st Freedom. May 23, 2022. With Alexander Adams.

Originalists Don't "Hate America." A reply to Professor Andrew Koppelman. Reason/Volokh Conspiracy. May 20, 2022.

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.


In the Media

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.

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

Denver Has Had an Assault Weapons Ban Since 1989—but Does It Work? 5280. July 19, 2022. Chris Walker.

Congress wants more red-flag laws: But GOP states, gun groups resist. Washington Post. July 18, 2022. Kimberly Kindy.

New York makes nearly everywhere ‘gun free’ zone after Supreme Court ruling. Washington Times. July 14, 2022. Alex Swayer.

This Lawsuit Says a Recent SCOTUS Decision Makes It Clear That 'Assault Weapon' Bans Are Unconstitutional: The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban. Reason. July 14, 2022. Jacob Sullum.

Japan's Gun Restrictions Are Far From Sufficient To Explain Its Low Crime Rate. While gun control enthusiasts rushed to defend Japan's firearm restrictions after Shinzo Abe's assassination, copying that approach in the U.S. is legally, politically, and practically impossible. Reason. July 11, 2022. Jacob Sullum.

Abe's assassination shocks Japan, where gun control is strict and shootings are rare. National Public Radio. July 8, 2022. Rachel Treisman.

Shinzo Abe’s shooting death shocks nation with some of world’s strictest gun laws. New York Post. July 8, 2022. Lee Brown.

Shinzo Abe Shot Despite Japan Having Incredibly Strict Gun Laws. Newsweek. July 8, 2022. Brendan Cole.

Another State Goes Shall-Issue. America's 1st Freedom. July 7, 2022. Garrett O'Leary.

Jonathan Mayhew on Resistance Theory. CultureWatch. July 3, 2022.

Maximalists on both sides threaten a federalist compromise on abortion. New York Post. June 29, 2022. Jacob Sullum.

The Deeper Significance of Justice Thomas’s Second Amendment Opinion. Epoch Times. June 25, 2022. Rob Natelson.

Supreme Court Gun Ruling Could Have Implications for Denver. Westword. June 27, 2022. Conor McCormick-Cavanaugh.

Local News How does Supreme Court's decision on NY gun law affect Colorado? CBS4 Denver. June 23, 2022. Rick Salinger.


Television, Radio, Podcasts  

Colorado Inside Out. July 29, 2022. U.S. House Freedom Caucus reform proposals: some bad, some good. Aurora judge refuses to dismiss indictment against Aurora employees involved in Elijah McClain's death. Congress has no power over state abortion laws, one way or other. Colorado irresponsibly fails to rebuild its unemployment insurance fund. Disgrace/something nice: Big 10 Conference annexes UCLA and USC. Colorado Day statehood, August 1

Colorado Inside Out. July 22, 2022. Denver Police shoot dangerous criminal, but hit several bystanders. New GOP Lt. Gov. candidate has bad judgment about 2020 election. Mayor Hancock's State of the City. Denver City Council budget priorities. Disgrace: British in hysterics about 40 degree temperatures, but in Denver it's 90 degrees. Something nice: Denver's new social equity preferences of cannabis licensing are fair.

Colorado Inside Out. July 1, 2022. Republicans primaries reject election deniers. Anti-Semite wins Democratic primary in my father's old State House seat. Denver City Council elects new head. Disgrace: Doug Lamborn's sleazy TV ad against Dave Williams. Something nice: State Sen. John Cooke finishes his outstanding career of public service.

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

Make it a bit harder to buy one, perhaps? Voice of Islam radio, London. June 15, 2022.

The Truth About Defensive Firearm Use with David Kopel. America's 1st Freedom. Video interview with Frank Miniter. June 4, 2022. 17:42.

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).

Gun Talk Radio. May 16, 2022. How Often Do Armed Citizens Defend Themselves? With Tom Gresham.

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

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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