The Moral Right to Self-Defense, and the Right to Bear Arms. Self-defense is a universal human right. Epoch Times. Sept. 27, 2018.
Sneak Attack on Washington State. America's 1st Freedom. Sept. 2018.
Britain’s Failed Weapons-Control Laws Show Why the Second Amendment Matters. National Review Online. August 28, 2018. With Vincent Harinam.
The 1986 Plastic Gun Panic. How the gun control lobbies nearly tricked Congress into banning millions of ordinary guns. Reason, Volokh Conspiracy. Aug. 7, 2018.
Colorado's early self-government and path to statehood. On the periphery of the periphery, Coloradans energetically exercised their inherent rights of sovereignty and self-government. Reason, Volokh Conspiracy. Aug. 1, 2018.
Ninth Circuit strikes Hawaii law that only security guards may get handgun carry permits. Reason, Volokh Conspiracy. July 23, 2018.
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.
In the Media
For nations with strict gun laws, this little shooting range in Hawaii is a haven for tourists. Los Angeles Times. Sept. 4, 2018. by David Montero.
Defense Distributed founder works around judge's order, sells 3D-printed gun plans through mail. Washington Times. Aug. 28, 2018. by David Sherfinski.
Plans for 3D-printed guns explode across internet amid court battle to repress them. Washington Times. Washington Times. Aug. 20, 2018. by David Sherfinski.
Kavanaugh seems to shun gun registration laws, but may not oppose license training requirements. ABA Journal. July 30, 2018. by Stephanie Francis Ward.
States seek to block instructions for making plastic guns. NBC News. July 30, 2018. by Pete Williams.
With Kavanaugh, Court Could Take Aim at Gun Control Laws. New justice could be key fourth vote to take up cases and strike down laws. Roll Call. July 26, 2018. by Todd Ruger.
NRA Backs Kobach's Rival in Race for Kansas Governor. Associated 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.
Television, Radio, Podcasts
NRATV. Dana Loesch Relentless. Oct. 3, 2018. Gun Control Groups Pile on to Overturn Open Carry Win. Ninth Circuit en banc petition against right to bear arms in Hawaii.
NRA News. Cam & Company. Sept. 29, 2018. Australia's Gun Control Laws Won't Reduce Gun Deaths Here. New study finds no reduction in suicide from gun confiscation.
Colorado Inside Out. Sept. 28, 2018. Full episode. Start Up Week in Denver. Gardner acts responsibly and Bennet does the opposite when they receive Kavanaugh accusations. Gun ban Giffords group hits new low with ad against Coffman. Governor's race and Polis's confrontation with a thieving former employee.
NRA News. Cam & Company. Sept. 17, 2018. Czech Republic Defies EU Gun Control Directive. Lawful Gun Owners Resent Being Targeted in Fight Against Terrorism.
Colorado Inside Out. Sept. 14, 2018. Full episode. Colorado Sun newspaper launches. Clinton joins Polis at fundraiser. Rocky Flats Wildlife Refuge to open. Lawsuit against Durango and Silverton Narrow Gauge Railroad. RTD proposes fare increase.
NRA News. Cam & Company. Aug. 28, 2018. Dave Kopel: UK's Gun Ban Shows Why Second Amendment Matters.
Tom Gresham's Gun Talk. Aug. 19, 2018. Discussing the Independence Institute's recent Alcohol, Tobacco, and Firearms Party, and other topics. Kopel starts at 23:00.
Devil's Advocate with Jon Caldara. Aug. 3, 2018. Recent Second Amendment cases in court.
The Age of the 3D-Printed Gun. NPR On Point. July 25, 2018. With Anthony Brooks (host), Andy Greenberg (Wired magazine), Avery Gardiner (Brady Center).
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: 25 Years. Oct. 27, 2017. Hour-long documentary about Colorado's longest-running public affairs television program.
Latest Monographs & Journal articles
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 (forthcoming 2018). With Joseph G.S. Greenlee.
The Second Amendment Rights of Young Adults. 43 Southern Illinous University Law Journal (forthcoming 2019). With Joseph Greenlee.
The Right to Arms in Nineteenth Century Colorado. 95 Denver University Law Review 329 (2018).
In the Courts and Congress
Maryland Shall Issue v. Hogan. No. 16-cv-3311-ELH (D. Md. Oct. 5, 2018). Amicus brief of International Law Enforcement Educators and Trainers Association, International Association of Law Enforcement Firearms Instructors, 11 law professors, 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. Maryland's burdensome handgun licensing system in contrary to original understandng, history, and tradition, and cannot pass heightened scrutiny.
Worman v. Healey. Aug. 29, 2018. Amicus brief for 11 law professors specializing in the Second Amendment, the Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation Ownership, Independence Institute, and Millenial Policy Center. Massachusetts ban on common firearms and standard magazines violates Supreme Court precedent. Such arms have been traditional American arms since the 19th century. Cato Institute summary.
Young v. Hawaii. Ninth Circuit. July 23, 2018. State may not limit carry permits only to security guards. Cites Kopel article on natural right of self-defense.
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.