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New book: The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition (Praeger Books, ABC/CLIO). Google books edition.


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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.


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Kopel blogging for the Volokh Conspiracy, hosted by Reason magazine.

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Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and those whom he follows on Twitter. Mainly in English, some Spanish, and sometimes French or Italian.


Books

Author page on Amazon.

New: Firearms Law and the Second Amendment: Regulation, Rights and Policy. Law school textbook and treatise. (Oct. 2017: Aspen Pubs., 2d edition). With Nicholas J. Johnson, George S. Mocsary, and Michael P. O'Shea. Publisher webpage. Supplement online chapters from the 1st edition, free to the public: Chapter 12 – Social Science. Chapter 13 – International Law. Chapter 14 – Comparative Law.

New: The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition (Praeger Books, ABC/CLIO). Google books edition. Book inteview on "Devil's Advocate," CPT 12 Denver, 15 minutes.

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. Reprinted in Saving the Republic: The Fate of Freedom in the Age of the Administrative State. Roger Kimbal, ed. (Encounter Books, Jan. 23, 2018).

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.

More books by Kopel.


World Languages

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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

Colorado Inside Out. June 29, 2018. Unaffiliated voters in the primary. Gubernatorial primary results. Hard left loses in other Dem primaries. Justice Kennedy retires.


Time Machine special. Colorado Inside Out's year in review program from December 1968. Rocky Mountain News columnist Molly Mayfiled (Patty Calhoun), community organizer Gerald Kopel (David Kopel), police reporter Al Nakula (Kevin Flynn), and feminist leader Florence Kennedy (Dani Newsum). The panel dicusses riots, assassinations, the Vietnam War, and Richard Nixon's election victory. With Kopel cameo at President-elect Nixon.

Short articles

Ninth Circuit Upholds Preliminary Injunction Against Magazine Confiscation in California. The courts continue to block a California law to confiscate magazines over 10 rounds. Reason, Volokh Conspiracy. July 17, 2018.

US government drops prohibition on files for 3D printed arms. State and Defense Departments comply with revised regulations from May 2018. Volokh Conspiracy. July 10, 2018.

Judge Kavanaugh and the Second Amendment. The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws. Reason, Volokh Conspiracy. July 9, 2018.

The Colorado Constitution and the eternal truths of the Declaration of Independence. The 1876 Colorado Constitution affirms and elucidates the principles of 1776. Reason, Volokh Conspiracy. July 4, 2018.

Excessive Fines Clause and corporations. Amicus brief says that 8th Amendment's ban on "excessive fines" does not have a corporate loophole. Reason, Volokh Conspiracy. July 3, 2018.

Presidential electors can vote with discretion. Amicus brief explains that States cannot compel presidential electors to vote a certain way. Reason, Volokh Conspiracy. July 2, 2018.

Deerfield, Illinois, gun confiscation law is blocked by state court. Reason, Volokh Conspiracy. June 13, 2018.

Gun Control Crowd Directs Vitriol at NRA. America's 1st Freedom. May 2018. The same tactics that have always been used by hate groups against civil rights organizations and religious or ethnic groups targeted for destruction: dehumanization, conspiracy theories, ostracism, silencing, and delegalization.

Gun Control Won't Stop Crime. America's 1st Freedom. May 2018. Why NRA rightly opposes gun bans, the destruction of the civil rights of young adults, and universal gun registration.

In the wake of a gun ban, Venezuela sees rising homicide rate. Including murder of dissidents by government. The Hill. Apr. 19, 2018. with Vincent Harinam.

The Million Mom March: Mass Mobilization Against Guns. In 2000, the Million Mom March brought hundreds of thousands of people together to demonstrate against guns. Reason.com. Mar. 22, 2018.

Gun ban for young adults would be wholly unconstitutional. The Hill. Mar. 13, 2018. with Joseph Greenlee.

The First "Assault Weapon": Banning Guns Based on "Style" Rather than Function. Reason.com. Mar. 5, 2018.

The History of the 'Assault Weapon' Hoax. Part 1: The Crime that Started it All. A 1989 shooting at a Cal. schoolyard began the national "assault weapon" issue. It was a consequence of law enforcement failure. Reason.com. Mar. 2, 2018.

Arming teachers can protect kids. (N.Y.) Daily News. Feb. 28, 2018. with Laura Carno.


In the Media

NRA Backs Kobach's Rival in Race for Kansas Governor. Assocated Press. July 16, 2018. by John Hanna.

Yale Law Fails the Kavanaugh Test.The Atlantic. July 13, 2018. by Conor Friedersdorf.

Is Trump's Supreme Court pick Brett Kavanaugh to the right of Scalia on assault weapons? No. Politicact. July 11, 2018. by Manuela Tobias.

Will New Mom Cardi B Raise an Insurrectionist Army Against Government Tyranny? Probably not, but the new mom does support the "insurrectionist" theory of Second Amendment rights as a bulwark against tyranny. Reason. July 11, 2018. by Brian Doherty.

Supreme court pick could make assault weapons ban unconstitutional. Brett Kavanaugh, Donald Trump’s nominee for the highest court, has a clear record of gun rights advocacy and could tip the balance. The Guardian. July 10, 2018. by Lois Beckett.

Trump’s Supreme Court pick wanted to strike down a landmark gun control law. Vice News. July 10, 2018. by Tess Owen.

Donald Trump names Brett Kavanaugh as supreme court nominee – as it happened. Trump nominates Kavanaugh, a conservative rising star, to replace Anthony Kennedy on supreme court. The Guardian. July 9, 2018. by Lois Beckett.

SAF, NRA Rejoice, Everytown Cries After Trump Taps Kavanaugh for SCOTUS. GunsAmerica New & Reviews. July 10, 2018. by Jordan Michaels.

Rural counties' response to state firearm laws: 'Gun sanctuaries'. The backlash against gun measures is spreading. But will it change anything? NBC News. May 25, 2018. by Jon Schuppe.

Smart guns exist. Why aren’t they on the market? PBS News Hour. May 24, 2018. by Teresa Carey.

The Racist History of Gun Control. Mises Wire. May 22, 2018. by Tho Bishop.

La ultima masacre en una escuela de EE.UU. deja al menos 10 muertos en Texas. El Mercurio (Chile). May 19, 2018. by Jean Palou Egoaguirre.

Constitution, Bill of Rights and Second Amendment haven’t been repealed. Paris Post-Intelligencer. Apr 23, 2018. by Michael Skaggs.

A Voice from the Warsaw Ghetto. Jerusalem Post. Apr. 18, 2018.

Three ways City Council’s gun ban will make Boulder less safe. Boulder Weekly. Apr. 12, 2018. by Paul Danish.

A Colorado city voted to ban 'assault weapons' — but numerous legal questions remain unanswered. The Blaze. Apr. 9, 2018. by Chris Enloe.

Boulder City Council passes gun ban on first reading. Complete Colorado. Apr. 7, 2018. by Sherrie Pief.

Low-crime Illinois suburb bans assault weapons and gets sued. NBC News. Apr. 6, 2018. by Jon Schuppe.

Making the world safe through censorship. Washington Times. Apr. 5, 2018. by Dale Lowdermilk.

Socialist Wave Threatens to Drown Gun Rights. America's 1st Freedom. Mar. 29, 2018. by Mark Chesnut.

Stevens' Call to Repeal Second Amendment Caps a Career of Judicial Subversion. Ammoland. Mar. 27, 2018. by David Codrea.

'Smart gun' tech isn't new. Nor are the flaws and political obstacles. Lowell Sun. Boston University Statehouse Program. Mar. 26, 2018. by Christine Lytwynec.

Trump's 'Take the Guns First. Remark Sparks Due-Process Debate. Bloomberg News. Mar. 2, 2018. by Greg Stohr.

If the Government Takes Gun Research Seriously, What Should It Study? New York Times. Mar. 2, 2018.

NRA members on Trump's plans for gun control: 'Every word of it was a betrayal'. The Guardian. Mar. 1, 2018. by Lois Beckett. (Headline quote is Kopel's).


Television, Radio, Podcasts  

NRA News. Cam & Company. July 20, 2018. ACLU throws 2nd Amendment under the bus.

Colorado Inside Out. July 13, 2018. Full episode. Supreme court nominee Brett Kavanaugh. Governor candidates' running mate picks. Denver Police Department investigation regarding an incident with reporter Susan Greene. Postgame: Ballot initiatives to increase education funding, destroy oil and gas industry.

NRA News. Cam & Company. July 10, 2017. Brett Kavanaugh nomination.

Colorado Inside Out. July 6, 2018. Full episode. Time Machine special, from 1968. A year in review program from December 1968 Rocky Mountain News columnist Molly Mayfiled (Patty Calhoun), community organizer Gerald Kopel (David Kopel), police reporter Al Nakula (Kevin Flynn), and feminist leader Florence Kennedy (Dani Newsum). The panel dicusses riots, assassinations, the Vietnam War, and Richard Nixon's election victory. With Kopel cameo at President-elect Nixon. Postgame: Further thoughts on Nixon's win.

Heller in the Lower Courts. 40 Campbell Law Review 399 (2018). Panel discussion with Sarah Ludington, Brannon Denning, Dennis Henigan, Hannah Shearer, and David Kopel. Video.

Heller and "Assault Weapons.” 40 Campbell Law Review 461 (2018). Panel discussion with E. Gregory Wallace, Allen Rostron: Panelist, Allen Rostron, Jonathan Lowy, and David Kopel. Video.

Colorado Inside Out. June 29, 2018. Full episode. Unaffiliated voters in the primary. Gubernatorial primary results. Hard left loses in other Dem primaries. Justice Kennedy retires. Postgame: New Denver Police Chief Paul Pazen.

Colorado Inside Out. June 22, 2018. Full episode. Governor primary races show how campaign finance "reform" favors the ultra-rich. Democratic primary races for AG and 6th CD. Separation of children of illegal aliens at the border. Postgame: Unaffilated votes in primaries versus better system for electing Argentine soccer managers.

How's the Second Amendment Doing? A long-term perspective. Devils' Advocate with Jon Caldara. Colorado Public TV 12. Apr. 23, 2018.

Two Viewpoints On The History Of Gun Regulation In America. Interviews with David Kopel and Adam Winkler. Wyoming Public Radio. Apr. 20, 2018. by Kamila Kudelska.

Boulder City Council plans to ban guns. Michelle Morin Show. Apr. 14, 2018.

Age bans for young adults are unconstituitonal. Cam & Company. NRA News. Mar. 13, 2018.

Stefan Tubbs Show (Craig Silverman guest hosting). Feb. 22, 2018. Guns, legal history, and philosophy. Kopel starts at 28:21.

TEDx Mile High. Understanding Guns. Panel with Kimberly Corban, Jay Breitlow, and Coni Sanders. Feb. 21, 2018.

Предъявлены доказательства вмешательства России в выборы президента США. Radio Liberty. Indictment of 13 Russians for U.S. election meddling. Feb. 17, 2018.

Japan's low gun crime rate. The Briefing. Monocle 24. London. Jan. 10, 2018. Begins at 18:30.

Guns and Mass Shootings. Free Thoughts Podcast on Libertarianism.org. 51 minute interview of Kopel by Trevor Burrus. Jan. 5, 2018.

Devil's Advocate with Jon Caldara. Dec. 22, 2017. Interstate right to cary reciprocity. Why bump stocks should be more stringently regulated.

British Gun Control in Colonial America. America's Fabric radio program. 1030 KVOI AM, Tucson, Ariz. Dec. 2017. Charles Heller reads Kopel's article The American Revolution against British Gun Control.

The Supreme Court and the Second Amendment today. Guns, Politics and Freedom radio show. Dec. 10, 2017. Kopel starts at 11:00.

How to regulate (not ban) bump stocks. Interstate carry reciprocity. Cato Daily Podcast. Dec. 8, 2017.

Colorado Inside Out: 25 Years. Oct. 27, 2017. Hour-long documentary about Colorado's longest-running public affairs television program.

FarenHype 9/11. This 2004 documentary unmasks the lies in the Michael Moore and Harvey Weinstein movie Farenheit 9/11. Now available on the Web.

Colorado Inside Out. June 30, 2017. Time machine episode, set in 1917. Kopel plays Democratic Senator "Honest John" Shafroth. Introductions. Passing of Buffalo Bill Cody. US enters the Great War. Denver Mayor Robert Speer's building program. Postgame: Russian revolution.


Latest Monographs & Journal articles

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

Firearms Law of Vietnam. Full translation of Vietnamese arms statute, plus Vietnamess text, and historical background. Independence Institute Issue Paper no. 5-2017. By Tien Thuy Dinh.

Restoring the Right to Keep and Bear Arms in Cato Handbook for Policymakers (8th ed. 2017). With Trevor Burrus and Robert A. Levy.

The Federal Circuits' Second Amendment Doctrines. 61 St. Louis University Law Journal 193 (2017). With Joseph G.S. Greenlee.

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 127 (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 the Courts and Congress

Colorado Department of Labor v. Dami Hospitality. Colorado Supreme Court. July 2, 2018. Amicus brief argues that the Eighth Amendment's rule "nor excessive fines imposed" does not have a loophole allowing excessive fines to be imposed on corporations.

Baca v. Secretary of State. 10th Circuit, June 27, 2018. States cannot compel presidential electors to vote a certain way.

Teixeira v. Alameda County, no 17-982. U.S. Supreme Court, Feb. 9, 2018. Amicus brief on behalf of Cato Institute, Jews for the Preservation of Firearms Owner, Independence Institute, Millennial Policy. Argues that county's ban on all new gun stores violates the Second Amendment. Address circuit court doctrine, and the history of the British arms embargo on the American colonies.

RMGO v. Hickenlooper (Colo. App. 2018). Amicus brief on behalf of Colorado Law Enforcement Firearms Instructors Association; Sheriffs Chad Day (Yuma County), Steve Reams (Weld), Shannon K. Byerly (Custer), and Sam Zordel (Prowers); and the Independendece Institute. Why Colorado's magazine ban endangers public safety.

Duncan v. Becerra. 9th Circuit, Jan. 8, 2017. Amicus brief urges affirmance of district court decision against confiscation of standard capacity magazines. Addresses standard of review, and empirical evidence. On behalf of Doctors for Responsible Gun Ownership, Independence Institute, and Millenial Policy Center. Co-authored with Joseph G.S. Greenlee.

Bridgeville Rifle & Pistol Club v. Small, No. 15, 2017 (Del. Dec. 7, 2017). Cited in opinion striking down prohibition on defensive arms carry in state forests and parks.

U.S. Senate Judiciary Committee. Dec. 6, 2017. Written testimony on: Bill to ban bump stocks and some gunsmithing. S 1916; Fix NICS Act, S. 2135; Bill to allow indefinite delays in background checks, S. 1923; interstate carry reciprocity, S. 446. Video of testimony (Kopel starts at 2:31:28). Written responses to Questions for the Record for Sen. Grassley.

Kolbe v. Hogan. Amicus brief in support of cert. petition, in challenge to Maryland ban on common firearms and magazines. Amici are the National Sheriffs' Association, Cato Institute, Second Amendment Foundation, and Independence Institute. Attorneys are David Kopel, Randy Barnett, Joseph Greenlee, Ilya Shapiro. Aug. 21, 2017.

 

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