Dave Kopel banner

Search Kopel website:

Gun Rights Policy Conference, Oct. 1, 2022. Interview by Firearms Policy Coalition. 21 minutes.

Colorado Inside Out. Nov. 11, 2022. Trump effect drags Colorado Republicans. If Boebert wants to keep her seat long term, she needs to stop acting like rightwing version of the stupidly angry AOC "squad." In full control of Colorado, regressive Democrats will aim to eliminate choice in everything except abortion, and to make Colorado like dystopian San Francisco. Approved by voters every county of Boulder, the Independence Institute's initiative lowers the Colorado income tax. Low: Last week I misstanted the eastern boundary of the proposed Boulder library district. High: Georgia's record-setting voter turn out was 57%, compared to Colorado's 51%--showing the idiocy of Major League Baseball owners who moved the All Star Garme from Atlanta to Denver because the Georgia election reform laws supposedly suppressed voters.

New: Christian v. Nigrelli, no. 22-CV-695 (JLS) (W.D.N.Y. Nov. 22, 2022). Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018). Preliminary injunction against new NY State felonizing possession of a firearm on all private property not one's own. Since the Supreme Court's Bruen decision, Kopel has also been cited by the Third Circuit, Ninth Circuit, U.S. District Courts for Oklahoma; Supreme Court of Michigan (concurring opinion), Supreme Court of Puerto Rico, and Circuit Court of Virginia.

In Lakewood, Colorado, gun ban group plans new assault on law-abiding gun owners. Leland Conway Show. KHOW 630 AM. Nov. 22, 2022.

Short articles

The legal history of bans on firearms and Bowie knives before 1900. Reason/Volokh Conspiracy. Nov. 20., 2022.

Bowie knife statutes 1837-1899. Reason/Volokh Conspiracy. Nov. 20, 2022.

Preliminary injunction against New York bans on licensed carry. Gun Owners of America prevail in Antonyuk v. Hochul. Reason/Volokh Conspiracy. Nov. 7, 2022.

The Theoretical Lethality Index is useful for military history but not for gun control policy. Professors Miller and Tucker miss the mark, while Saul Cornell disdains accuracy. Reason/Volokh Conspiracy. Nov. 1, 2022.

Tiananmen Square: An enduring symbol of the Chinese Communist Party's illegitimacy. Reason/Volokh Conspiracy. Oct. 18, 2022.

The paranoid style in gun control politics. Bloomberg's "The Trace" fabricates a conspiracy about amicus brief writers who adhere to Supreme Court Rules. Reason/Volokh Conspiracy. Oct. 17, 2022.

Remembering the heroes of Camp Hale. The Tibetan freedom fighters who battled the Chinese Communist colonialists. The Gazette (Denver). Oct. 16, 2022.

Analysis: "Si pierde la guerra de Ucrania, Putin probablemente morirá." La Razon, Spain. Oct. 16, 2022. Kopel interviewed by Rocio Columnar.

Dolores Kopel. Remembering a pioneering Colorado lawyer and activist. Reason/Volokh Conspiracy. Oct. 4, 2022.

2022 Supplement for Firearms Law and the Second Amendment. Learn about all the important developments in the last year. Reason/Volokh Conspiracy. Aug. 31, 2022.

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


In the Media

How the Supreme Court put gun control laws in jeopardy nationwide. CNN. Oct. 10, 2022. Tierney Sneed.

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  

In Lakewood, Colorado, gun ban group plans new assault on law-abiding gun owners. Leland Conway Show. KHOW 630 AM. Nov. 22, 2022.

Colorado Inside Out. Nov. 11, 2022. Trump effect drags Colorado Republicans. If Boebert wants to keep her seat long term, she needs to stop acting like rightwing version of the stupidly angry AOC "squad." In full control of Colorado, regressive Democrats will aim to eliminate choice in everything except abortion, and to make Colorado like dystopian San Francisco. Approved by voters every county of Boulder, the Independence Institute's initiative lowers the Colorado income tax. Low: Last week I misstanted the eastern boundary of the proposed Boulder library district. High: Georgia's record-setting voter turn out was 57%, compared to Colorado's 51%--showing the idiocy of Major League Baseball owners who moved the All Star Garme from Atlanta to Denver because the Georgia election reform laws supposedly suppressed voters.

Colorado Inside Out. Nov. 4, 2022. Passing of Colorado House Minority Leader Hugh McKean. U.S. Senate race narrows. El Paso County Republican Chair Vickie Tonkins continues to sabotage the party. Secretary of State Jena Griswold is incompetent at her job, but is a dark money fundraising powerhouse. Boulder Library District vote. Low: Stacy Abrams pre-denies the 2022 election; Hillary Clinton pre-denies 2024. High: Colorado's many excellent County Clerks.

Colorado Inside Out. Oct. 28, 2022. Governor election: "Teflon" Jared Polis and Heidi Ganahl are like Ronald Reagan and Pat Schroeder. Government caused the affordable housing problem; more taxes won't fix it. Ballot issues on alcohol sales. Denounce the election deniers in both parties. Low: Denver Public Schools enrollment plummets as union-run school board fails to address learning disaster for minority students. High: Both of Colorado's U.S. Senate candidates are superior to the terrible four in Pennsylvania and Georgia.

Rising antisemitism and racism in American higher education. Peter Boyles Show. Oct. 22, 2022.

Gun Rights Policy Conference, Oct. 1, 2022. Interview by Firearms Policy Coalition. 21 minutes.

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).

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

Wade v. University of Michigan, no. SC 156150 (Mich., Nov. 10, 2022). Michigan Supreme Court unanimously reverses court of appeals decision upholding University of Michigan gun ban, and remands the case for further consideration. Concurring, Justice Viviano cites The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018).

Hardaway v. Nigrelli, 2022 WL 16646220 (W.D.N.Y. Nov. 3, 2022) (PI); 2022 WL 16646220 22-CV-771 (TRO). Preliminary injunction against N.Y. statute banning firearms in houses of worship, even for church or synagogue staff. Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018).

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.

 

You can subscribe with a RSS reader or by email


Kopel RSS feed Click the icon to get RSS/XML updates of this website, and of Dave's blog posts

Follow Dave on Twitter.

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)

Copyright 2022