Kopel mobile website

Follow Dave on Twitter.

Share this page:

RSS Feed. Kopel RSS feed

Dave Kopel Channel on YouTube. Author page on Amazon.

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

Latest articles: How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.

The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML.

Gun Control Puts Your Life at Risk. In the 20th century, far more people were murdered by genocidal governments than by armed criminals. Reason. Oct. 2020.

Professor Ruth Bader Ginsburg of Rutgers Law School. Reason, Volokh Conspiracy. Oct. 6, 2020.

Politics ever present for Supreme Court picks. Denver Gazette. Sept. 27, 2020.

Short articles and commentary

How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.

How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.Gun Control Puts Your Life at Risk. In the 20th century, far more people were murdered by genocidal governments than by armed criminals. Reason. Oct. 2020.

Ruth Bader Ginsburg: A Legacy Founded on Vision, Clarity, and Generosity. Professor Ginsburg's career at Rutgers Law School. Epoch Times. Sept. 23, 2020.

Magazine confiscation splits Third and Ninth Circuits: Analysis and history. Reason, Volokh Conspiracy. Sept. 8, 2020.

The Declaration of Independence will never be outmoded, as President Coolidge explained. Equality, inalienable rights, and consent of the governed can be opposed only by reactionaries. Reason, Volokh Conspiracy. July 4, 2020.

Does the Second Amendment prohibit slavery? What Lysander Spooner argued in 1845 became the law of the land in 1868. Reason/Volokh Conspiracy. June 19, 2020.

The pro-slavery origins of American gun control. Complete Colorado. June 14, 2020.

Gun control’s racist history still being written. Complete Colorado. June 9, 2020.

Podcasts, Radio & Video

Colorado Inside Out. Nov. 20, 2020. Full episode. Gov. Jared Polis calls a special legislative session on CCP virus relief. New restrictions and Denver minimum wage will destroy more restaurants and bars. 15 Colorado counties at “Level Red.” Disgrace/somthing nice: Colorado Oil and Gas Comm'n mistakenly circulates internal email showing hatred of the fossible fuels industry; Mildred Taylor's wonderful book Roll of Thunder, Hear My Cry is banned by a California school district.

Colorado Inside Out. Nov. 13, 2020. Full episode. Colorado CCP virus cases surge. Colo. House leadership elections for 2021 legislative session. Denver's 2021 budget. Denver neighborhood groups criticize city's missteps on homeless encampments, and two hour waits for police response. Disgrace/something nice: Election integrity problems should be reviewed carefully, for the security of future elections. Honor our veterans for preserving American lives and liberties.

The Mandy Connell Show. How availability cascades poison our politics. KOA 850AM radio, Denver. Oct. 29, 2020. Kopel starts at 54:34.

Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. Pennsylvania Bar Institute. Continuing Legal Education. One hour. Oct. 26, 2020.

The Craig Silverman Show. Podcast. Topics include guns, Lauren Boebert, electoral college, religion. Oct. 24, 2020. Kopel is 1:40:19 to 2:30:53.

Colorado Inside Out. Oct. 23, 2020. Full episode. Dem women rush to cast their ballots against Trump. How Colorado's extreme restrictions on campaign contributions promote dark money. U.S. District Judge Dan Domenico rules that Governor's orders against churches cannot treat churches worse than other entities. Colorado wildfires are the results of decades of bad forest management. Disgrace/Something nice: Denver School Board squashes high-quality high school for poor and minorities. Hurray for county clerks and volunteer pollwatchers.

Colorado Inside Out. Oct. 16, 2020. Full episode. Self-described "anti-fascists" are hardcore fascists. Black Guns Matter is a good organization. Hickenlooper/Gardner debate. People will not obey another lockdown, because the authorities have torched their own credibility. Disgrace and something nice: Proposition EE is a scam for Philip Morris to steal market share from less expensive competitors. Thank you to county clerks and poll watchers.

Fewer Guns, More Genocide: Europe in the 20th Century. Northwestern University Law Revew Symposium, panel 3: Theory and Conflict. Oct. 9, 2020.

Fewer Guns, More Genocide: Europe in the 20th Century. Northwestern University Law Revew Symposium, panel 3: Theory and Conflict. Oct. 9, 2020.

The stakes in the Amy Coney Barrett nomination. Radio Free Europe/Radio Liberty. Russian language station. Sept. 26, 2020.

Guns: Culture, Control, and Trump. Devil's Advocate with Jon Caldara. July 24, 2020. Examining increases in gun ownership in 2020, and over the last seven decades. The racist history of American gun control. 36 minutes.

Constitutional Chats, from Constituting Amerca. Federalist Paper 37, The Difficulties of Convention, by James Madison. June 9, 2020. Because of the limits of human knowledge and language, and the diversity of human interests, the proposed Constitution could not be expected to be theoretically perfect. One hour video.

Duke Center for Firearms Law. A Conversation with Dave Kopel. Apr. 28, 2020. Guns in the pandemic.

Latest Books, Monographs and Journal articles

The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML.

Online chapters for the textbook Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Wolters Kluwer, 2d ed. 2017). With Nicholas J. Johnson, George Mocsary and Gregory Wallace. Chapter 13: International Law; covers United Nations, regional treaties, classical founders of international law, right to resist genocide, globalization of gun rights and gun bans. Chapter 14: Comparative Law: self-defense and defense against tyranny in national constitutions, comparative statistical studies, case studies of various nations, long-term homicide risks in Europe are much higher thanin the US because of insufficient arms to resist mass murder by government, case study of resistance to the Armenian genocide; 100 page case study of mass murder and gun bans in China and Tibet under Mao. Chapter 16: Antecedents of the Second Amendment; covers ancient China, Greece, Rome, the Judeo-Christian tradition, and European political philosophy.

Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psycology Review (forthcoming 2020).

Federal Circuit Second Amendment Developments 2018. 7 Lincoln Memorial University Law Review 20 (2020). With Joseph G.S. Greenlee.

The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018). With Joseph G.S. Greenlee.

Federal Circuit Second Amendment Developments 2018. 7 Lincoln Memorial University Law Review (forthcoming 2019). With Joseph G.S. Greenlee.

Defining "Assault Weapons." The Regulatory Review (Univ. of Pennsylvania). Nov. 14, 2018.

Data Indicate Second Amendment Underenforcement. 68 Duke Law Journal Online 79 (2018). Problems in the Second, Fourth, and Ninth Circuits.

The Colorado Constitution's No Aid to Sectarian Institutions Clause and Its Impact on Civil Rights. Colorado Special Advisory Committee to the United States Commission on Civil Rights. Sept. 2018.

Federal Circuit Second Amendment Developments 2017-2018. Texas State Bar Association. Firearms Law Seminar. 2018. With Joseph Greenlee.

History and Tradition in Modern Circuit Cases on the Second Amendment Rights of Young People. 43 Southern Illinois University Law Journal 119 (2018). With Joseph Greenlee.

The Second Amendment Rights of Young Adults. 43 Southern Illinois University Law Journal (forthcoming 2019). With Joseph Greenlee.

The Right to Arms in Nineteenth Century Colorado. 95 Denver University Law Review 329 (2018).

Media quotes and cites

Are Mexico's stringent gun control laws aiding a rise in cartel violence? Some citizens are demanding greater access to firearms for self-defense as the country's murder rate soars. Fox News. Nov. 14, 2020. Hollie McKay.

Yes, there is a study of cascading stupidity. Daily Journal (Indiana). Nov. 12, 2020. Craig Ladwig.

Palabra de Trump: Valoraría la reelección como una reivindicación de su personalidad. La Razón (Spain). Nov. 4, 2020.

Colorado’s Proposition 113 is a linchpin in national popular vote campaign but major hurdles remain: The political landscape suggests the national popular vote compact is unlikely to come to fruition and legal challenges loom large. Colorado Sun. Oct. 14, 2020. Evan Ochsner.

Riots Likely Drove 2020's Biggest Gun Sales Spike. Seasonally adjusted sales hit unprecedented levels in June, analysis shows. Washington Free Beacon. Sept. 8, 2020. Charles Fain Lehman and Stephen Gutowski.

National Popular Vote statute violates Colorado Constitution says DU law professor. Complete Colorado. Sept. 6, 2020. Scott Weiser.

Kyle Rittenhouse and his militia defense ignores that private paramilitaries are illegal, NBC Think. Sept. 5, 2020. Erik Schechter.

Alvin York & the U.S. Gun Culture that Saved Europe, GATDaily. Sept. 4, 2020. Miguel Faria.

Knife Rights: Amicus Brief Filed in Hawaii Butterfly Knife Second Amendment Case, Ammoland.com. Sept. 1, 2020. Doug Ritter.

Courts and Legislatures

Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey. No. 19-3142 (3d Cir. Sept. 22, 2020). Amicus brief of law professors, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundatinon, and Independence Institute. In support of petition for rehearing en banc, regarding N.J. magazine confiscation statute.

Zoie H. v. State of Nebraska. No 19-1418. July 24, 2020. Cert. petition amicus brief of Professors of Second Amendment law, Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Society Foundation, Second Amendment Foundation, and Independence Institute. Can an adult be prohibited from exercising the right to arms based on a juvenile conviction for which a jury trial was not allowed. The amicus brief discusses the history and tradition of arms rights for young adults.

Young v. Hawaii, No. 12-17808 (9th Cir. en banc 2020). Amicus brief for Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute. Hawaii ban on licensed open carry.

Vermont v. Misch, No. 2019–266 (Apr. 24, 2020). Amicus brief of Cato Institute, Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute. Vermont magazine ban violates the text, history, tradition, and policy of the Vermont Constitution's right to arms. Statutory addendum.

In re: Interrogatory Submitted by the Colorado General Assembly. No. 2020SA000100. Brief of Independence Institute. Mar. 24, 2020.

Rupp v. Becerra. No. 19-56004. 9th Circuit. Feb. 3, 2020. Amicus brief of Firearms Policy Coalition/Foundation, Second Amendment Foundatoin, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. By any standard, the semiautomatic firearms banned by California are in "common use," and therefore they may not be prohibited.

Association of New Jersey Rifle and Pistol Clubs v. Attorney General or New Jersey. No. 19-3142. 3d Circuit. Feb. 3, 2020. Amicus brief of Professors of Second Amendment Law, Firearms Policy Coalition/Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. Repeating firearms predate the Second Amendment by two centuries; by the time of the Second Amendment, repeaters holding more than 10 rounds were well established. Accordingly, New Jersey's confiscation of all such magazines is unconstitutional.

Worman v. Healey. No. 19-404. U.S. Supreme Court. Oct. 24, 2019. Cert. petition amicus brief. Massachusetts ban on common arms violates Supreme Court precedent. The Supreme Court should bring order to the conflicting lower cases about bans on common arms.

Espinoza v. Montana Dept. of Revenue. No. 18-1195. U.S. Supreme Court. Sept. 18, 2019. Merits amicus brief. Many state constitutions, including Montana's, prohibit government aid to "sectarian" educational institutions. According to the original meaning, on the nineteenth century, "sectarian" did not refer to religion in general, but only to religions that were considered extreme, heretical, fanatical, or bad.

Remington v. Soto. No. 19-168. Sept. 4, 2019. Amicus brief of Professors of Second Amendment law, Cato Institue, Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Foundation. and Independence Institute. Appendix of professor biographies.

RMGO v. Polis. No. 2018SC817. June 3, 2019. Colorado Supreme Court. Amicus brief of Colorado Law Enforcement Firearms Instructors Association, 32 County Sheriffs, and the Independence Institute. The ban on magazines over 15 rounds harms public safety and law enforcement. Motion for leave to file amicus brief.

People v. Vivian Claudine Brown. (Ill. 2019). Amicus brief on behalf of State’s Attorneys Stewart J. Umholtz and Brandon J. Zanotti, Professors Of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Citizens Committee For The Right To Keep And Bear Arms, Millennial Policy Center, Independence Institute, and Carlisle Moody. Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.

New York State Rifle and Pistol Association v. New York City. No. 28-280. May 14, 2019. Amicus brief for Professors of Second Amendment law, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation of Firearms Ownership, Millennial Policy Center, and Independence Institute. Appendix of professor biographies. The Second Circuit upheld New York City's ban on licensed handgun owners taking their handguns out of the City. The ban is contrary to good practices for safety training. The doctrinal errors found in the Second Circuit decision are prevalent in other circuits, demonstrating the need for further guidance from the Supreme Court.

U.S. Senate Judiciary Committee. Mar. 26, 2019. Hearing on mental health and gun legislation. Kopel starts at 31:36. Written testimony.

Pena v. Horan. Cert. petition. No. 18-843. Feb. 1, 2019. Amicus brief for Second Amendment law professors, Citizens Committee for the Right to Keep and Bear Arms, Mountain States Legal Foundation, Jews for the Preservation of Firearms Ownership, Independence Institute, and Millennial Policy Center. California's "microstamping" mandate creates a de facto ban on all new models of semiautomatic pistols. The Ninth Circuit opinion uphold the ban was based on speculation and refusal to consider the plaintiffs' evidence.

Mance v. Whitaker. Cert. petition. No. 18-663. Dec. 20, 2019. Amicus brief for Second Amendment law professors, Independence Institute, and Millennial Policy Center. Challenge to federal ban on interstate handgun sales between consenting states. Argues that Court should take the case to explicate the proper test for Second Amendment challenges, due to conflicts in the lower courts, and nullification of the Second Amendment in some courts.

The rest of Kopel's website

Home Page. Newspaper and magazine articles. Books, law review articles, other scholarly publications

Video. Audio. Briefs and legal citations.

Kopel website subject areas: Arts and Literature. Criminal Justice/Amends. 4-10. Digital Economy. Environment. Health, Education & Welfare. History. International. First Amendment and Media. Religion. Terrorism. Waco.

Right to Arms policy issues. Right to Arms law, history, philosophy, politics. Right to Arms international.

Kopel's recent blogging. Blog archive.

Kopel in other languages

Français. Italiano. Español. Polski. Português. Český. Magyar. Pусский/Russian. Deutsch. Nederlands. Svenska. Dansk. 繁體中文/Chinese. 日本語/Japanese

Kopel-related

Jerry Kopel