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Research Areas

Criminal Justice & U.S. Const. amends. 4-10

Digital Economy


Health, Education & Welfare



Media and 1st Amendment


Right to Arms: Policy issues

Right to Arms: Law, history, politics

Right to Arms: International

Terrorism (& Fahrenheit 9/11)



Newspaper & magazines articles: 2007 to present; 2001-2006; 1986-2000.

Books, law review articles, other scholarly publications.

Blog archive through 2013. Blog archive

Video archive

Audio archive

Briefs and legal citations

Social/mobile Media

Kopel blogging for the Washington Post's "Volokh Conspiracy"

Dave Kopel Channel on Youtube.

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

The Dave Kopel Daily. Web newspaper collecting articles from Kopel and those whom he follows on Twitter.

PDFs of Kopel's Dave's journal articles on SSRN.


The Truth About Gun ControlPublished in March 2013.  Truth About Gun Control animation. Animated video from publisher Encounter Books featuring a section of Kopel's book. YouTube.com. 4 minutes. July 11, 2013.







A Conspiracy against ObamacareJust published. A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act.

Firearms Law & the Second Amendment; Regulation, Rights, and Policy, by Nicholas Johnson, David Kopel, George Mocsary, Michael O'Shea

Firearms Law & the Second Amendment; Regulation, Rights, and Policy is the first law school textbook on the Second Amendment. Buy from Amazon. Publisher webpage for book. Authors' website for book; includes Table of Contents, and Preface.

Podcasts on the book:

Chapter 7. A New and Dangerous Century.

Chapter 6. Reconstruction and the late 19th Century.

Chapter 5. The Early Republic, and the Antebellum Era.

Chapter 4. The new Constitution and the Second Amendment.

Chapter 3. The Colonies and the Revolution.

Chapter 2. Antecedents of the Second Amendment: From Confucius to the British Whigs.

Chapter 1. An introduction to firearms laws and firearms function. 

More books by Kopel.

World Languages

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Nederlands /Dutch.

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Dansk /Danish.

繁體中文 /Chinese.

日本語 Full-text Japanese version of this entire website.

Jerry Kopel

JerryKopel.com. My father's essays on Colorado and national politics, based on his 22 years of service as a Colorado State Representative.

About Kopel, and contact info

David Kopel

Colorado Inside Out | Oct. 24

Armed Resistance to Genocide | Oct 21

Short articles

Watergate quiz. A quiz with 100 questions about the Watergate scandal. Washington Post. Oct. 29, 2014.

Bonidy v. United States: The Second Amendment at the post office. Analysis of challenge to gun ban in post offices and parking lots. Washington Post. Oct. 2, 2014.

New Anti-Gun Strategies. “Assault weapon?bans have proved very unpopular ? but the anti-gun lobbies aren’t giving up entirely. National Review. Sept. 16, 2014.

Libertarian criticism of police militarization. David Kopel's arguments and research against the militarization of law enforcement. Washington Post. Aug. 14, 2014.

The dangerous and controversial speakers of 1900 at the University of Michigan Law School. Guest speakers at the University of Michigan in 1900 incited controversies--and a riot. Washington Post. Aug. 13, 2014.

Pro-gun Milwaukee Sheriff defeats challenge from Bloomberg. Bloomberg spending fails to unseat pro-gun Milwaukee Sheriff. Washington Post. Aug. 13, 2014.

Licensed handgun carry now legal in District of Columbia: Palmer v. DC. Effects of federal court decision allowing licensed handgun carry in D.C. Washington Post. July 28, 2014.

The Scam Artist. Former New York City Mayor Michael Bloomberg’s newest gun-prohibition group, Everytown for Gun Safety, has gotten off to a rough start. America's 1st Freedom. July 2014.

Former Nixon speechwriter: Why the president had to resign, or be impeached. John K. Andrews's explanation for why the lawless president he once served had to be removed from office. July 7, 2014.

Gore Vidal: The United States of Amnesia. Movie review. "Gore Vidal: United States of Amnesia" is a fine film for everyone who is interested in American intellectual history. Washington Post. June 17, 2014.

The missing 18 1/2 minutes: Presidential destruction of incriminating evidence. How Richard Nixon got away with destroying 18 1/2 minutes of taped evidence against him. Washington Post. June 16, 2014.

Emmy nomination: 1973 time machine episode of Colorado Inside Out. "Time machine" episode of Colorado Public TV roundtable program goes back to 1973. Washington Post. June 1, 2014.

In the Media

Does race shape Americans' passion for guns? How race has played into the gun control narrative throughout US history. CNN.com. By John Blake. Oct. 13, 2014.

Election 2014: I-591, I-594 differ over gun control. The ambiguity of the word "transfer" when talking background checks. The Spokesman-Review. By Jim Camden. Oct. 12, 2014.

Missouri Republicans push for gun bill victory. President Obama's role in motivating gun activism. SFGate.com. Sept. 9, 2014.

U.S. gun control group takes aim at 'bad apple' dealers. Trusting the Brady Center to only "bad apples." Reuters.com. By Daniel Wiessner. Sept. 5, 2014.

Gun-rights group persuading dozens of towns to repeal firearms regs in legal blitz. Why fighting gun controls in court might not always be a smart move for small towns. FoxNews.com. By Barnini Chakraborty. Aug. 22, 2014.

Libertarians Who Oppose a Militarized Police Should Support Gun Control—But They Don't, of Course. Is there tension in libertarians opposing police militarization AND gun control? New Republic. By Alec MacGillis. Aug. 21, 2014.

Armed, Out and About: Evolving Public-Carry Laws Expand Gun Rights. Concealed carry is just a fact of American life. NBC News. By Kristen Hwang and Kate Murphy. Aug. 19, 2014.

Gun group's church violence stats can't be verified. Why anecdotal evidence has value. Politifact.com. By April Hunt. Aug. 1, 2014.

Judge's Ruling Upends D.C. Gun Ban. Kopel and Gura elated at the court's decision. The Washington Informer. By Barrington M. Salmon. July 29, 2014.

New York court sets aside “gravity knife?prosecution. Kopel's work cited. The Washington Post. By Eugene Volokh. July 25, 2014.

Did Hideyoshi pave way for gun control? How Hideyoshi's rule shaped owning guns in Japan. The Japan News. By The Yomiuri Shimbun. July 13, 2014.

Television, Radio, Podcasts  

Colorado Inside Out. Colorado teenagers arrested in connection with ISIS, controversy over recent gubernatorial campaign ads and the FLOTUS and Hilary Clinton come to Denver to support Udall. Oct. 24, 2014.

Armed Resistance to Genocide. Presentation on the armed resistance to genocide given to the Children of Jewish Holocaust Survivors. YouTube.com. 82 minutes. Oct. 21, 2014.

Colorado Inside Out. The Ebola crisis as a Frontier plane carrying a nurse infected with disease lands at DIA to be cleaned. U.S. Senate candidates Mark Udall and Cory Gardner display their political style differences during their last debate of the election season. The family is awarded $4.65M in a suit to be paid out by the city of Denver. VA bill sponsored by Mike Coffman goes sour. Post game: The latest Denver Post poll showing senate and gubernatorial candidates neck and neck as mail in ballots went out this week. Oct. 17, 2014.

Colorado Inside Out. The judge in the Aurora Theater shooting case allowing it to be filmed. Controversy over pay raises and curriculum in Jeffco schools. A Colorado Supreme Court case involving a paraplegic medical marijuana patient who was fired from Dish Network for drug use. Post game: Contentious comments made by Representative Doug Lamborn about President Obama and his foreign policy. Oct. 3, 2014.

Libertarianism.org Episode 49. The right to keep and bear arms. Interview by Aaron Powell and Trevor Burrus. Soundcloud.com. 57 minutes. Sept. 26, 2014.

Colorado Inside Out. The latest campaign ads pushing for the safe consumption of marijuana-edibles. Polls come out showing conflicting data for U.S. Senate and Gubernatorial races. The parents of a woman killed in the Aurora Theater shootings file a law suit against the ammunition companies who sold products to the suspect in the case. Post game: The teacher-driven "walk-out" leading two Jefferson County high schools to cancel classes after instructors failed to show up over anger for new pay raise policies. Sept. 19, 2014.

Nat Hentoff interview. Kopel speaks with legendary music critic, journalist, syndicated columnist, and civil libertarian Nat Hentoff. They discuss the current state of civil liberties in America and Nat explains why Obama has been the worst president of all-time when it comes to our individual freedoms. YouTube.com. 55 minutes. Sept. 17, 2014.

Do American Police Departments Need Military Weapons from the Pentagon? Cato Institute panel event. Sept. 12, 2014.

Latest Monographs & Journal articles

The History of Firearms Magazines and of Magazine Prohibition. 88 Albany Law Review (forthcoming 2015).

The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. Journal of Criminal Law and Criminology (forthcoming 2014).

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review 419 (2014).

Does the Second Amendment Protect Firearms Commerce? 127 Harvard Law Review 230 (2014).

From Razing a Village to Razing the Constitution: The Branch Davidian Stand-Off Twenty Years Later. 36 Reason Papers 72 (2014). With Paul Blackman.

Necessary Reforms Can Keep Interpol Working in the U.S. Interest. Heritage Foundation Backgrounder #2861. With Theodore R. Bromund. Dec. 11, 2013.

Knives and the Second Amendment. 47 University of Michigan Journal of Law Reform 175 (2013). With Clayton Cramer and Joseph Olson.

Mexico’s Gun Control Laws: A Model for the United States? 18 Texas Review of Law & Politics 27 (2013).

Ancient Hebrew Militia Law. 90 Denver University Law Review Online 175 (2013).

Evolving Christian Attitudes Towards Personal and National Self-defense. 45 Connecticut Law Review 1709 (2013). Analyzes changes in Christian thought about the use of force, from the 19th to the 21st century. PDF.

Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects. 6 Albany Government Law Review 306 (2013). With Trevor Burrus.

In Congress and Legislatures

Kopel signs letter against confirmation of David Barron to First Circuit. May 13, 2014.

In the Courts

Joel Esquenzi and Carlos Rodriguez v. United States of America. Washington Legal Foundation and the Independence Institute amicus brief in support of petitioners. United States Court of Appeals for the Eleventh Circuit. Sept. 11, 2014.

Taxpayers for Public Education v. Douglas County School District (2014). Independence Institute amicus brief to the Colorado Supreme Court in the Douglas County school vouchers case in support of the respondents.

Constitutional law professors in Jerusalem passport case, Zivotofsky v. Kerry, Supreme Court amicus brief in support of petitioner.

The documents in Cooke et al. v. Hickenlooper are available here. Fifty-five Sheriffs, the Colorado Farm Bureau, disabled citizens, hunting guides, Women for Concealed Carry, and other plaintiffs have filed suit against the Colorado bills that ban magazines, and that outlaw some temporary transfers of firearms.

Amicus briefs in Shew v. Malloy (2d Cir. 2014) and Fyock v. Sunnyvale (9th Cir. 2014). The history of magazines of greater than 10 rounds, and of magazine prohibition, in the United States.

National Labor Relations Board v. Noel Canning (2014). Amicus brief of the Independence Institute. Original meaning of the Recess Appointments Clause. Professor Natelson's research presented in this brief was cited several times in the four-Justice concurring opinion written by Justice Scalia. 


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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. 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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