2A Scholar David Kopel Reacts to Major Supreme Court Ruling. Kopel discusses Rahimi with Stephen Gutowski. The Reload. June 23, 2024. 46 minutes.

Colorado's Sneaky Gun Registration Bill. And lots of other anti-gun bills. Devil's Advocate with Jon Caldara. Apr. 12, 2024. One hour.

Latest

2A Scholar David Kopel Reacts to Major Supreme Court Ruling. Kopel discusses Rahimi with Stephen Gutowski. The Reload. June 23, 2024. 46 minutes.

United States v. Rahimi. No. 22-915 (U.S. Sup. Ct., Oct. 4, 2023). Amicus brief. This brief, alone among the all the briefs filed, distinguished the two subparts of 18 U.S.Code 922(g)(C). The (C)(i) restriction arms rights of individuals whom a court has found to be "a credible threat" to intimate partners does not infringe the Second Amendment. The (C)(ii) restriction is based on no findings at all, and is an infringement. The Supreme Court's June 21, 2024, decision upheld (C)(i) (the subsection under which Rahimi had been convicted) and pointedly stated that the Court was not deciding that (C)(ii) is constitutional. The brief was filed on behalf of professors Randy Barnett, Robert Cottrol, Lee Francis, Donald Kilmer, Joyce Malcolm, George Mocsary, Joseph Muha, Joseph Olson, Glenn Reynolds, and Gregory Wallace; the Second Amendment Law Center; and the Independence Institute.

Garland v. Cargill, No. 22-976 (U.S. Sup. Ct., Jan. 26, 2023). Amicus brief. The Court's June 14, 2024, decision agreed with the position argued in the amicus brief that the federal statutory definition of "machinegun" as a gun that "automatically" fires more than one bullet by "a single function of the trigger" can not be redefined by ATF to mean "a single pull." The brief was filed on behalf of Senators Cynthia M. Lummis (Wyoming), Mike Lee (Utah), Kevin Cramer (North Dakota), John Barrasso (Wyoming), Pete Ricketts (Nebraska), Steve Daines (Montana), Cindy Hyde-Smith (Mississippi), Mike Rounds (South Dakota), Markwayne Mullin (Oklahoma); Professors Royce de R. Barondes (Missouri, emeritus), F. Lee Francis (Mississippi College School of Law), Nicholas J. Johnson (Fordham), Donald E.J. Kilmer, Jr. (Lincoln Law School), Joyce Malcolm (George Mason, emerita), Joseph V. Muha (Akron), Joseph E. Olson (Mitchell-Hamline, emeritus), David A. Raney (Hillsdale), Glenn H. Reynolds (Tennessee), E. Gregory Wallace (Campbell); and the Independence Institute.

NRA v. Vullo, No. 22-842 (U.S. Sup. Ct., Jan. 16, 2023). Amicus brief. The Court's decision of May 30, 2024, agreed with the brief that the threats of NY Governor and his financial regulatory agency against banks and insurances companies that do business with the NRA violated the First Amendment. The brief was filed on behalf of the Second Amendment Foundation, John Locke Foundation, and Independence Institute.

Smith & Wesson v. Mexico, No. 23-1141 (U.S. Sup. Ct., May 22, 2024). Amicus brief for National Rifle Association and Independence Institute in suppport of cert. petition. Mexico is copying the malicious tactics of the American gun prohibition lobby in previous decades, with meritless litigation designed to destroy the firearms industry through litigation expenses. Mexico's crime problem is self-inflicted by its corrupt government and its nullification of the Mexican Constitution right to arms. Claims that a large percentage of Mexican crime guns are American, or recently acquired in America, are provably false.

Short articles

Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban. Citizens should be able to choose the same high-quality defensive arms that peace officers choose. Reason/Volokh Conspiracy. Mar. 18, 2024.

Preview of Supreme Court Bump Stock Case. In Cargill v. Garland, the Court should apply the National Firearms Act text that Congress did enact, and not the text that gun control advocates wish had been enacted. Reason/Volokh Conspiracy. Feb. 27, 2024.

"Shall Not Be Infringed" Is Pretty Clear. Analysis of recent court decisions in Maryland and Oregon, and the NY Times' sloppy coverage thereof. America's 1st Freedom. Jan. 18, 2024.

Firearms Law Works-in Progress Conference 2024. Reason/Volokh Conspiracy. Jan. 2, 2024.

History Podcasts for the New Year. Reason/Volokh Conspiracy. Dec. 29, 2023.

How Magazine Bans Thwart Self-Defense. Bans on standard magazines benefit criminals and endanger victims. Reason/Volokh Conspiracy. Dec. 20, 2023.

Hanukkah and the Jewish fight for independence. Complete Colorado. Dec. 11, 2023.

Law Enforcement Officers Are Part of "the People," Not Above Them. Law enforcement amicus brief against Colorado magazine ban. Reason/Volokh Conspiracy. Dec. 11, 2023.

In the Media

'He is so pitiful': Joe Biden ripped as he botches Thomas Jefferson quote, falsely claims Americans couldn't own cannons during Civil War. MSN.com. June 12, 2024. Conrad Dias.

Biden botches Thomas Jefferson quote and falsely claims Americans couldn’t own cannons during the Civil War in gun control speech. N.Y. Post. June 11, 2024. Victor Nava.

Biden fails to mention son's gun conviction in address on firearms safety. Fox News. June 11, 2024. Louis Casiano.

Wyoming Professor Tells Supreme Court Not To Let Mexico Sue Gun Makers. Cowyboy State Daily. May 29, 2024. Clair McFarland.

Even The Washington Post Called Joe Biden for This Second Amendment Lie. Townhall. Apr. 10, 2024. Matt Vespa.

Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical': The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue. Reason. April 8, 2024. Jacob Sullum.

Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'. Reason. Apr. 5, 2024. Jacob Sullum.

Biden's Antitrust Case Against Apple Is Truly Stupid. Reason. Podcast. Mar. 25, 2024.

This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'. Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use. Reason. Mar. 25, 2024. Jacob Sullum.

Maryland’s Gun Ban Mess: Will the Supreme Court Intervene? It was a hot mess at the Fourth Circuit Court of Appeals. Liberty Nation News. Mar. 25, 2024. Scott D. Cosenza.

Stop legislators from endangering the public. The Gazette. Mar. 24, 2024.

House committee OKs assault weapons ban bill. The Center Square. Mar. 20, 2024. Derek Draplin. Also in Kiowa County Press, Mar. 21.

Colorado can still block Trump. Top legal scholars highlight ways states can act against an insurrectionist presidential candidate. Colorado Newsline. Mar. 14, 2024. Quentin Young.

Misrepresenting Gun Tracing to Smear a US Senator. Townhall. Mar. 1, 2024. F. Paul Valone.

Television, Radio, Podcasts 

2A Scholar David Kopel Reacts to Major Supreme Court Ruling. Kopel discusses Rahimi with Stephen Gutowski. The Reload. June 23, 2024. 46 minutes.

"End-to-End." American gun law and politics. RTVI. Russian language television for overseas Russians. June 11, 2024. Diana Lesnhicha.

Dave Kopel of Independence Institute on Mexico Suing USA Over Guns. Ross Kaminsky Show. KOA 850. Denver. June 6, 2024.

Colorado Inside Out. May 31, 2024. Proper, full funding for police departments saves lives, especially black ones. Republican U.S. House suicide squad candidates could lose safe Republican seats if they win their primaries. State House primaries in both parties pit extremists versus rational candidates. Colorado Springs housing shortage caused by constriction of building permits. Disgrace: University of Colorado announces 6 scholarships in honor of the "Los Seis" terrorist bombers of the 1970s. Best thing: Patricia Calhoun is the longest-running television character in Denver history, exceeding even the great Blinky the Clown.

Devil's Advocate with Jon Caldara. April 12, 2024. Discussion of anti-gun bills in the Colorado legislature. One hour.

Colorado Inside Out. April 12, 2024. The Xcel blackouts are going to become more frequent, because Xcel is replacing reliable power, such as natural gas, with unreliable, intermittent sources, namely solar and windmills. Secretary of State Jena Griswold and Republican Party Chair Dave Williams are both grifters, the worst persons ever to hold either office. Bill to end voter control of RTD. Denver budget cuts are the consequence of Biden opening the border to illegal immigration. Disgrace: Bill to eliminate TABOR refunds and use the money for welfare. Best thing: Denver U. Pioneers hockey team is again playing for the national championship.

Independence Institute's Dave Kopel on proposed Colorado firearm regulation. Colorado's Morning News with Marty Lenz & Jeana Gondek. KOA 850 AM. Mar. 19, 2024.

Latest Monographs & 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 223 (Notre Dame) (2024). With Joseph G.S. Greenlee.

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).

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 Legislatures

Smith & Wesson v. Mexico, No. 23-1141 (U.S. Sup. Ct., May 22, 2024). Amicus brief for National Rifle Association and Independence Institute in suppport of cert. petition. Mexico is copying the malicious tactics of the American gun prohibition lobby in previous decades, with meritless litigation designed to destroy the firearms industry through litigation expenses. Mexico's crime problem is self-inflicted by its corrupt government and its nullification of the Mexican Constitution right to arms. Claims that a large percentage of Mexican crime guns are American, or recently acquired in America, are provably false.

United States v. Rahimi. No. 22-915 (U.S. Sup. Ct., Oct. 4, 2023). Amicus brief. This brief, alone among the all the briefs filed, distinguished the two subparts of 18 U.S.Code 922(g)(C). The (C)(i) restriction arms rights of individuals whom a court has found to be "a credible threat" to intimate partners does not infringe the Second Amendment. The (C)(ii) restriction is based on no findings at all, and is an infringement. The Supreme Court's June 21, 2024, decision upheld (C)(i) (the subsection under which Rahimi had been convicted) and pointedly stated that the Court was not deciding that (C)(ii) is constitutional. The brief was filed on behalf of professors Randy Barnett, Robert Cottrol, Lee Francis, Donald Kilmer, Joyce Malcolm, George Mocsary, Joseph Muha, Joseph Olson, Glenn Reynolds, and Gregory Wallace; the Second Amendment Law Center; and the Independence Institute.

Garland v. Cargill, No. 22-976 (U.S. Sup. Ct., Jan. 26, 2023). Amicus brief. The Court's June 14, 2024, decision agreed with the position argued in the amicus brief that the federal statutory definition of "machinegun" as a gun that "automatically" fires more than one bullet by "a single function of the trigger" can not be redefined by ATF to mean "a single pull." The brief was filed on behalf of Senators Cynthia M. Lummis (Wyoming), Mike Lee (Utah), Kevin Cramer (North Dakota), John Barrasso (Wyoming), Pete Ricketts (Nebraska), Steve Daines (Montana), Cindy Hyde-Smith (Mississippi), Mike Rounds (South Dakota), Markwayne Mullin (Oklahoma); Professors Royce de R. Barondes (Missouri, emeritus), F. Lee Francis (Mississippi College School of Law), Nicholas J. Johnson (Fordham), Donald E.J. Kilmer, Jr. (Lincoln Law School), Joyce Malcolm (George Mason, emerita), Joseph V. Muha (Akron), Joseph E. Olson (Mitchell-Hamline, emeritus), David A. Raney (Hillsdale), Glenn H. Reynolds (Tennessee), E. Gregory Wallace (Campbell); and the Independence Institute.

NRA v. Vullo, No. 22-842 (U.S. Sup. Ct., Jan. 16, 2023). Amicus brief. The Court's decision of May 30, 2024, agreed with the brief that the threats of NY Governor and his financial regulatory agency against banks and insurances companies that do business with the NRA violated the First Amendment. The brief was filed on behalf of the Second Amendment Foundation, John Locke Foundation, and Independence Institute.

Gates v. Polis, No. 22-cv-1866-GPG-SKC (D. Colo., Nov. 30, 2023). Amicus brief of the International Law Enforcement Educators and Trainers Association, the Colorado Law Enforcement Firearms Instructors Association, the Western States Sheriffs Association, Sheriffs John Feyen (Larimer County), Gene Lillard (Montrose), Brett Powell (Logan), Todd Rowell (Mesa), Steve Reams (Weld), Aaron Shiplett (Baca), Lou Vallario (Garfield), Sam Zordel (Prowers), and the Independence Institute. Colorado ban on magazines over 15 rounds endangers public safety. Motion for Leave to File Amicus Brief.