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Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and his Twitter feed.

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Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security, Nos. No. 23-1633, 23-1634, 23-1641 (3d Cir. July 10, 2023). Amicus brief of International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, National Association of Chiefs of Police, Professors of Second Amendment Law, and Independence Institute. Assertions about the supposedly "exceptional" wounding power and dangers of so-called "assault weapons" are false. The arms are well-suited for law-defense of self and others, and are frequently chosen for that purpose by law enforcement officers and citizens. Claims that ordinary law enforcement officers routinely use extremely dangerous super-powerful weapons are defamatory to law enforcement.

United States v. Daniels, No. 22-60596 (5th Cir. July 6, 2023). Amicus brief by Scholars of Second Amendment Law (F. Lee Francis, Nicholas J. Johnson, Donald E.J. Kilmer, David B. Kopel, George A. Mocsary Joseph V. Muha, Joseph E. Olson, Glenn H. Reynolds) and Independence Institute. The ban on firearms possession by every "user" of marijuana, 18 U.S.C. 922(g)(3), is contrary to history and tradition, as shown by historic laws pertaining to alcohol. Shooting or weaing firearms while intoxicated may be prohibited, but not use while sober.

New Jersey statute to eliminate the right to bear arms enjoined by U.S. District Court. Koons v. Platkin, No. 22-7464 (May 16, 2023). Kopel cited thrice.

National Shooting Sports Foundation v. Platkin. No. 23-1214. May 8, 2023. Third Circuit amicus brief. New Jersey statute to allow lawsuits against law-abiding firearms businesses violates the Second Amendment, and is similar to abusive First Amendment lawsuits from the Jim Crow period.

The History of Bans on Types of Arms Before 1900. Including handguns, Bowie knives, daggers, slungshots, brass knuckles, cannons and more. 50 Journal of Legislation (Notre Dame, forthcoming 2024). With Joseph G.S. Greenlee.

The Fate of 'Assault Weapons' Bans According to Gun-Rights Scholar David Kopel. The Reload. April 27, 2023. 57 minutes.

Colorado Inside Out. April 21, 2023. Good win for Dominion in lawsuit against Fox. Why the legislature rejected a ban on so-called "assault weapons." Late bill on Xcel energy rates could be harmful. Both candidates for Denver Mayor are reasonable people. Worst thing: New law makes Colorado the only state to ban abortion reversal pills. Best thing: 9th Circuit rules that local ban on new natural gas hookups is preempted by federal law.

Will Increasing Gun Control Improve Public Safety? Centennial Institute at Colorado Christian University. Apr. 3, 2003. Topics include: Biblical issues (Exodus 22, Luke 22, Romans 13), historic (and unrelated) trends of increasing gun ownership vs. rises and falls in homicide rates, and historic data on mass murder by government of disarmed victims. 90 minutes. Introduction starts at 9:45.

Written testimony on HB23-1219, to delay the acquisition of firearms. Colo. House of Reps., State Affairs Committee. Mar. 6, 2023.

Short articles and commentary

"Es evidente que Biden sufre un grave deterioro mental." Interview in La Razon (Spain). Sept. 17, 2023.

Fast Reloading of Guns in the 19th Century. Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy. Reason/Volokh Conspiracy. June 5, 2023.

The Founders were well aware of continuing advances in arms technology. Building on what had come before, the Madison-Monroe research program led the way to the many innovations of the 19th century. Reason/Volokh Conspiracy. May 26, 2023.

Preliminary injunction against NJ ban on peaceable carry. Reason/Volokh Conspiracy. May 16, 2023.

AR rifle ammunition is less powerful than most other rifle ammunition. Bullet speed matters, but so does bullet weight. Reason/Volokh Conspiracy. Apr. 11, 2023. With Greg Wallace.

The History of Bans on Types of Arms Before 1900. Reason/Volokh Conspiracy. Mar. 21, 2023.

How powerful are AR rifles? About the same as other rifles. Reason/Volokh Conspiracy. Feb. 27, 2023. With Greg Wallace.

The Sources Cited by the Supreme Court in Bruen: Guidance for judicial examination of legal history. Reason/Volokh Conspiracy. Feb. 13, 2023.

'Assault weapon' still a bogeyman for Colorado pols. Denver Gazette. Jan. 9, 2023.

Podcasts, Radio & Video

Colorado Inside Out. Sept. 8, 2023. Lawsuit to keep Trump of ballot is legally plausible. State government hosting meetings on psychedelic healing centers. Excessive state and local regulations are extreme burden on businesses. Hype over CU football. Disgrace: You taxpayer dollars subsidize pro-Hitler dictator Mahmoud Abbas. Best thing: Post-debate: Nikki Haley up, fraudsters Trump & Ramaswamey down.

Gun Bills Inching Us Closer to Confiscation. Devil's Advocate with Jon Caldara. May 12, 2023. 51 minutes. Kopel and Caldara discuss the Colorado Democratic legislature's malicious and ignorant culture war against the right to arms and public safety. 51 minutes.

The Fate of 'Assault Weapons' Bans According to Gun-Rights Scholar David Kopel. The Reload. April 27, 2023. 57 minutes.

Will Increasing Gun Control Improve Public Safety? Centennial Institute at Colorado Christian University. Apr. 3, 2003. Topics include: Biblical issues (Exodus 22, Luke 22, Romans 13), historic (and uncorrellated) trends of increasing gun ownership vs. rises and falls in homicide rates, and historic data on mass murder by government of disarmed victims. 90 minutes. Introduction starts at 9:45.

Will Increasing Gun Control Improve Public Safety? Centennial Institute at Colorado Christian University. Apr. 3, 2003. Topics include: Biblical issues (Exodus 22, Luke 22, Romans 13), historic (and unrelated) trends of increasing gun ownership vs. rises and falls in homicide rates, and historic data on mass murder by government of disarmed victims. 90 minutes. Introduction starts at 9:45.

Latest Monographs and Journal articles

The History of Bans on Types of Arms Before 1900. Including handguns, Bowie knives, daggers, slungshots, brass knuckles, cannons and more. 50 Journal of Legislation (Notre Dame, forthcoming 2024). With Joseph G.S. Greenlee.

Protecting Law-abiding Firearms Businesses from Abusive Lawsuits. Independence Institute Issue Paper No. 1-2023. Examines bills in Colorado and elsewhere to eliminate firearms stores and manufacturers by junk lawsuits.

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. 25 Gonzaga Journal of International Law 20 (2021).

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

Latest Books

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.

Firearms Law and the Second Amendment: Regulation, Rights and Policy (Aspen Publishers, 3d ed. 2022). With Nicholas J. Johnson, George A. Mocsary, E. Gregory Wallace, Donald E. Kilmer. Authors' supplemental website. Free chapter 3, the American colonies.

Media quotes and cites

s Donald Trump Unable To Purchase Firearms Due To His Felony Indictments? CheckYourFact. Sept. 26, 2023. Elias Atienza.

How a Conservative Supreme Court’s Expansion of Gun Rights Could Help Hunter Biden. Wall Street Journal. Sept. 16, 2023. Jacob Gershman.

Tillis email omits key details of Democrat's proposed tax on guns. Politifact. Sept. 8, 2023. Paul Specht.

Courts and Legislatures

Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security, Nos. No. 23-1633, 23-1634, 23-1641 (3d Cir. July 10, 2023). Amicus brief of International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, National Association of Chiefs of Police, Professors of Second Amendment Law, and Independence Institute. Assertions about the supposedly "exceptional" wounding power and dangers of so-called "assault weapons" are false. The arms are well-suited for law-defense of self and others, and are frequently chosen for that purpose by law enforcement officers and citizens. Claims that ordinary law enforcement officers routinely use extremely dangerous super-powerful weapons are defamatory to law enforcement.

United States v. Daniels, No. 22-60596 (5th Cir. July 6, 2023). Amicus brief by Scholars of Second Amendment Law (F. Lee Francis, Nicholas J. Johnson, Donald E.J. Kilmer, David B. Kopel, George A. Mocsary Joseph V. Muha, Joseph E. Olson, Glenn H. Reynolds) and Independence Institute. The ban on firearms possession by every "user" of marijuana, 18 U.S.C. 922(g)(3), is contrary to history and tradition, as shown by historic laws pertaining to alcohol. Shooting or weaing firearms while intoxicated may be prohibited, but not use while sober.

Koons v. Platkin, No. 22-7464 (D.N.J. May 16, 2023). New Jersey statute to eliminate the right to bear arms enjoined. Kopel cited thrice.

National Shooting Sports Foundation v. Platkin. No. 23-1214. May 8, 2023. Third Circuit amicus brief. New Jersey statute to allow lawsuits against law-abiding firearms businesses violates the Second Amendment, and is similar to abusive First Amendment lawsuits from the Jim Crow period.

U.S. v. Jackson, No. CR22-37RSL, 2023 WL 1967199, *4 n.2 (W.D. Wash. Feb. 13, 2023). Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018). Ban on firearms possession by convicted felons is constitutional.

U.S. v. Harrison, No. CR-22-00328-PRW, slip op. p. 53 n.176 (W.D. Okla. Feb. 3, 2023). Citing Restoring the right to bear arms: New York State Rifle and Pistol Association v. Bruen, 2021-22 Cato Supreme Court Review at 325-26 (Trevor Burrus ed., 2022). Ban on firearms possession by marijuana users is unconstitutional.

U.S. v. Rahimi, No. 21-11001 (5th Cir. Feb. 2, 2023). Citing The Federal Circuits' Second Amendment Doctrines, 61 St. Louis University Law Journal 193, 244 (2017). Federal ban on gun possession based on civil restraiing orders, rather than criminal process, is unconstitutional.

U.S. v. Barber, No. 4:20-CR-384-SDJ, 2023 U.S. Dist. LEXIS 14340 *27-28, 2023 WL 1073667 (E.D. Tex. Jan. 27, 2023). Citing Johnson, Kopel, et al. Firearms Law and the Second Amendment textbook. Arms possession ban for convicted violent felons is not unconstitution

Gonzales v. Google. No. 21-1333. Suprme Court merits amicus brief of Center for Growth and Opportunity, Independence Institute, and other think tanks. The text of Section 230 of the Communications Decency Act does not authorize legal liability for the content of targeted content selected by an algorithm.

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