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Research Areas

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

Digital Economy

Environment

Health, Education & Welfare

History

International

Media and 1st Amendment

Religion

Right to Arms: Policy issues

Right to Arms: Law, history, politics

Right to Arms: International

Terrorism (& Fahrenheit 9/11)

Waco


Archives

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

Books, law review articles, other scholarly publications.

Blogging 2014-present. Archive.

Video archive

Audio archive

Briefs and legal citations

SSRN author page. Google Scholar. DU Law faculty page.


Social media

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

Kopel on Twitter.

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.

Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and those whom he follows on Twitter.


Books

Author page on Amazon.

New book by Kopel coming Dec. 31, 2015: The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition (Praeger Books, ABC/CLIO).

Rules for State Legislators: Jerry Kopel's Guide (2015). With Jerry Kopel.

The Truth about Gun Control (Encounter Books, 2013). Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate. Animated video featuring a section of the book. 4 minutes.

A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan). The legal scholars who fought and defeated the unconstitutional power grab.

Firearms Law & the Second Amendment; Regulation, Rights, and Policy (Aspen Publishers 2012). 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.

Supplement online chapters, free to the public: Chapter 12 – Social Science. Chapter 13 – International Law. Chapter 14 – Comparative Law. 2015 supplement now available.

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.


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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

Good News for the Second Amendment. In this Freedom Minute, Kopel explains two important new federal court cases.


Colorado Inside Out. June 10, 2016

Short articles

The history of LGBT gun-rights litigation. Washington Post. June 17, 2016.

Peruta v. San Diego, analyzed. Washington Post. June 11, 2016.

1972, Richard Nixon Defeats George McGovern: Watergate. Constituting America. June 9, 2016.

The Protection of Lawful Commerce in Arms Act: Facts and policy. Washington Post. May 24, 2016.

Good guys with guns: Former Interpol chief Ron Noble on the Westgate Mall mass shooting. Washington Post. May 16, 2016.

9th Circuit opinion on rights of gun stores applies standard, rigorous Second Amendment doctrines. Washington Post. May 16, 2016.

The Federal Circuits’ Second Amendment Doctrines. Washington Post. April 22, 2016.


The Orlando murders: Some relevant older articles

Tragedy's Playbook. America's 1st Freedom. Nov. 2013. The Bloomberg lobby's manual for exploiting mass murder for political gain.

Ronald Reagan’s AR-15. Volokh.com. Jan. 15, 2013. (Note: the Orlando criminal did not use an AR-15, but the crime is being used as a pretext to ban it anyway.)

The New McCarthyism: Restricting Constitutional Rights Based on Mere Suspicion. Independence Institute Issue Backgrounder, no. 2005-B. June 2005. Analysis of proposals to use the "no-fly list" or other suspicion-based lists as a basis for prohibiting the exercise of Second Amendment rights. Alternate version in HTML.

Rational Basis Analysis of 'Assault Weapon' Prohibition. 20 Journal of Contemporary Law 381 (1994). Cited in Kasler v. Lungren, 72 Cal. Rptr. 2d 260, 265 (Cal. App. 1998) (majority opinion by Associate Justice Morrison). Bans on so-called "assault weapons" are not based on the firearms' rate of fire, or the power of their ammunition.

Dhimmitude and Disarmament. 18 George Mason University Civil Rights Law Journal 305 (2008). Sharia law forbids non-Muslims to possess arms, or to defend themselves against Muslims.

Good guys with guns: Former Interpol chief Ron Noble on the Westgate Mall mass shooting. Washington Post. May 16, 2016.


In the Media

Why Australia isn't a model for US gun control. The Christian Science Monitor. by Gretel Kauffman. June 23, 2016.

LGBT gun rights group sees membership skyrocket after Orlando shooting. USA Today. by Michael Burke. June 21, 2016.

Assault Rifles and Concealed Handguns at Center of a Changing Industry. New York Times. by Barry Meier & Michael J. de la Merced. June 21, 2016.

Legal Split Could Bolster Connecticut Weapons Ban. Wall Street Journal. by Joe Palazzolo. June 19, 2016.

Appeals Court's Ruling on Concealed Gun Carry Exposes Stark Divide. NBCNews.com. by Pete Williams. June 19, 2016.

Battle lines blurred as Senate plans vote on gun control measures. Sinclair Broadcasting. by Stephen Loiaconi. June 16, 2016.

Doctors want Congress to declare gun deaths a public health crisis. Vice.com. by John Dyer. June 15, 2016.

Gun debate revolves around 27 words. Associated Press. by Nancy Benac. June 15, 2016.

The Orlando Shooting Is a Haunting Reminder of Just How Many Guns Are in America. Time. by Jacob Davidson & Heather Jones. June 14, 2016.

So What Is an ‘Assault Rifle’ Really? We Look at the Definitions and How the Term Is ‘Demonized’. The Blaze. June 13, 2016.

Concealed weapons ruling may go to the Supreme Court. Associated Press. by Larry Neumeister. June 11, 2016.

David B. Kopel discusses the 9th U.S. Circuit Court of Appeals ruling on conceal carry on NBC KSHB’s 41 Action News. by Anne McNamara. June 10,2016.

Ronald Reagan: Over ‘20,000 Gun Control Laws’ Yet Hinckley Had a Gun. Breitbart. by AWR Hawkins. May 31, 2016.

Good News for the Second Amendment. May 26, 2016. Independence Institute Freedom Minute. Explaining two important new federal court decisions.

Concealed carry gun laws become more widespread in US. CCTV-America. May 14, 2016.

 


Television, Radio, Podcasts  

Colorado Inside Out. June 10, 2016. Full episode. Legacy of Muhammad Ali. Mrs. William Clinton secures Democratic nomination. GOP Senate Primary debate. Survey shows Western Colorado rich in natural gas.

Colorado Inside Out. June 3, 2016. Full episode. Denver Post Reports Group Behind Corrections Director's Death. Judge dismisses petition suit in GOP Senate race. Hickenlooper intros new ballot issue to restrict petitions. Post-game: New law imposes huge fines on small employers.

Colorado Sheriffs welcome 10th Circuit decision vacating trial court's anti-Second Amendment ruling. Announce plan for new case based on new 10th Circuit procedures. Press conference. March 22, 2016.

The Future of International Drug Policy. Kopel interviews Mexican lawyer and professor Alejandro Madrazo regarding the drug war in Mexico. March 21, 2016.

Debate Over The Second Amendment To The U.S. Constitution. The Diane Rehm Show. National Public Radio. Jan. 11, 2016. With Akhil Reed Amar, Bruce Fein, and Jeffery Rosen.

Discussion of American Sniper widow's comments at Obama town hall. Fox Business Network, Risk & Reward with Deirdre Bolton. Jan. 9, 2016.

The Bad and Good of Obama’s Executive Orders on Guns. Cato Institute daily podcast. Jan. 7, 2016.

Will Obama's action on guns help prevent deaths? PBS NewsHour. Video of Kopel and "Everytown" head John Feinblatt. PBS Newshour. Jan. 5, 2016.

Interpreting the Second Amendment. Kopel and Jeffery Toobin on Anderson Cooper 360. CNN. Jan. 5, 2016.

American Constitution Society. June 12, 2015. Panel on Skewed Justice: How Money in Judicial Elections is Undermining our Criminal Justice System.

Guns, Law and Society: Understanding the Arguments. Dart Center. Arizona State University. May 29, 2015.


Latest Monographs & Journal articles

Licensed Handgun Carry for Young Adults Serving in the Armed Forces. Independence Institute, Issue Paper no. 1-2016.

The First Century of Right to Arms Litigation. 14 Georgetown Journal of Law & Public Policy (forthcoming 2016).

Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer. 47 Loyola University Chicago Law Journal 1117 (2016).

Background Checks for Firearms Sales and Loans: Law, History, and Policy. 53 Harvard Journal on Legislation 303 (2015).

The Costs and Consequences of Gun Control. Cato Institute Policy Analysis no. 784 (Dec. 1, 2015).

Book review of "This Nonviolent Stuff'll Get You Killed: How Guns Made the Civil Rights Movement Possible." 35 Cato Journal 443 (2015).

Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. 58 Howard Law Journal 715 (2015). With Clayton Cramer.

The History of Firearms Magazines and of Magazine Prohibition. 88 Albany Law Review 849 (2015).

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).


In Congress and Legislatures

 


In the Courts

Wrenn v. District of Columbia (D.C. Circuit). Amicus brief of legal historians explains that peaceable carrying of arms was lawful in the American colonies, in the Early Republic, and in the vast majority of the United States through 1900.

Sheriffs' reply brief in the 10th Circuit Court of Appeals. May 29, 2015. Governor Hickenlooper's arguments in favor of the magazine ban demonstrate its unconstitutionality.

Peruta v. San Diego. April 30, 2015. En banc rehearing before the 9th Circuit. Amicus brief for the International Law Enforcement Educators & Trainers Association. Explains the empirical evidence showing that licensed handgun carry strengthens public safety.

Sheriffs brief in the 10th Circuit Court of Appeals. Jan. 16, 2015. The website for the Colorado Sheriffs' federal civil rights lawsuit against the 2013 Bloomberg anti-gun bills is here.

 

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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)

Copyright 2016