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.

Recent blogging

Blog archive

Video archive

Audio archive


Social/mobile Media

PDA version of this page.

PDA version of Kopel's weblog.

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


Books

 

Firearms Law & the Second Amendment; Regulation, Rights, and Policy, First Edition by Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O

Kopel's new book Firearms Law & the Second Amendment; Regulation, Rights, and Policy has just been published. It 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

French flagFrançais.

Italian flagItaliano.

Español.

Polski /Polish.

Português.

Český /Czech

Magyar /Hungarian.

Pусский/Russian. Hillary Clinton Visit to Israel. Radio Liberty, Russian service 07.12.2012. MP3 Audio and VideoВ ожидании приговора миллиардеру Стэнфорду. Allen Stanford fraud sentencing. 07.06.2012. MP3 Audio and Video. Weapons Laws of the Russian Federation. Independence Institute Issue Paper number 7-2012. May 2012. By Margot van Loon. Full translation of the statutes into English.

Deutsch /German.

Nederlands /Dutch.

Svenska /Swedish.

Dansk /Danish.

繁體中文 /Chinese.

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


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

Jerry Kopel, the Legislator's Legislator. Wonderful article by retired Dem. State Representative Morgan Smith. Colorado Statesman. Sept. 27, 2011.


About Kopel, and contact info.


 

 

Kopel speech at Independence Institute ATF Party, on the culture of responsible gun use vs. Hollywood's destructive culture of misuse. Aug. 11, 2012. 17 minutes.

Watch August 10th, 2012 Edition on PBS. See more from KBDI.

Colorado Inside Out. Aug. 10. Discussion of Mars Rover, Romney and Obama in Colorado, mental state of Aurora murderer.

Latest short articles

Should Congress revise our nation's gun laws? No. State gun laws do the job. Denver Post. July 29, 2012.

Colorado Consensus on Gun Laws. Broadly supported post-Columbine reforms balance gun rights and gun control. National Review Online. July 26, 2012.

Don't turn Aurora killer into celebrity. USA Today. July 19, 2012. Excerpt read by Neil Conan on National Public Radio, July 23, 2012. Analysis in Come non parlare di una strage, Il Post (Italy). July 22, 2012.

Brady Campaign staff and Kopel webchat on USA Today. July 19, 2012.

Poof! Obama administration aims to gut the armed pilots program. America's 1st Freedom. July 2012.

$2 Billion They'll Never See Again. Canada repeals long gun registration. America's 1st Freedom. July 2012.

Andrew Jackson shows what we need to do next. National Review Online, June 29, 2012.

Major limits on the Congress’s powers, in an opinion worthy of John Marshall. Scotusblog. June 28, 2012.

OSHA Targets Shooting Range. Volokh.com. June 23, 2012.

Georgia-Pacific West v NEDC: a good case for certiorari. Misuse of the Clean Water Act to shut down logging roads. Volokh.com.  • June 20, 2012. (Note: Cert. was granted the next day.)

Gaylord-style corporate welfare is unconstitutional. Denver Post. June 16, 2012. With Fred Holden.


Latest Television, Radio, Podcasts, Print Media

Uncovering anti-Israel Propaganda with Philippe Karsenty. French media critic and elected official Philippe Karsenty joins Dave Kopel to discuss how one of the biggest anti-semitic hoaxes of all time was uncovered. In 2004, Mr. Karsenty set in motion a nearly decade long legal battle to blow the cover off a French TV station's deliberate hoax involving footage of a dying boy named Muhammad al-Durrah. The footage was shown on national TV and helped perpetuate anti-Jewish and anti-American terrorism for years to come. Aug. 16, 2012. 31 minutes.

C-Span coverage of Independence Institute's 10th annual Alcohol, Tobbaco & Firearms Party. Opening remarks by Jon Caldara. 17 minute speech by Kopel on Second Amendment issues. Keynote speech by David Martosko (Daily Caller) on nannyism. Aug. 11, 2012. 44 mins.

Colorado Inside Out. Romney and Obama battle for Colorado. Mental health of Aurora murderer. Aug. 10, 2012. Postgame: Univ. of Colo. lobbyists have other clients.

What could have stopped temple shooting? USA Today. Aug. 7, 2012. Video discussion.

How the Media, Entertainment Industry Affects Violence. iVoices.org. Aug. 1, 2012. 39 minutes.

Colorado Inside Out. Aurora murders,  forest service wildfire report. July 27, 2012. Postgame: Community reaction to the murders.

Will James Holmes get the Death Penalty? Colorado Theater Shooter Faces Death, Says Attorney. China National Central TV (CCTV), re-aired by Jewish News One. July 27, 2012.

PBS News Hour. July 23, 2012. Kopel appears at 4:04, at start of a 10 minute segment.

Colorado Inside-Out. Patricia Calhoun, Mike Littwin, April Washington, and Kopel discuss the Aurora murders. July 20, 2012. 27 mins. Postgame: more on the murders.

Kopel and Piers Morgan agree: Thursday would have been the better day for a gun control debate. CNN. July 19, 2012. Transcript. Coverage by Newsbusters, and by Irish TimesCNN Reliable Sources. Howard Kurtz bemoans "a troubling thing that television does," namely the rush to "turn such an atrocity into ideological fodder while the victims are still being treated." As an example, plays Morgan/Kopel interchange, with Morgan insisting a gun control debate must take place on the night of the crime. July 22, 2012. Transcript. Video.

Colorado Inside-Out. 1912 Time Machine episode. July 6, 2012. Patty Calhoun as Molly Brown, and Kevin Flynn as George Creel.

Obamacare decision explained. Excerpts from Kopel speech to Liberty on the Rocks, Louisville, Colorado. July 9, 2012:

Video archive. Audio archive.


In the Media

3-D Printer Used To Construct Gun Parts. CBS4 Denver. By Peter V. Milo. Aug. 2, 2012.

Chick-fil-A Backlash 'Important Moment' for Religious Freedom, Catholic League Head Says. Two mayors want to ban fast food store for its support of traditional marriage. By Wayne Laugeson. National Catholic Register. July 30, 2012.

Regarding Aurora murders. Diana DeGette and Ed Perlmutter, Democratic U.S. Reps., Lead The Way Toward Tighter Gun Control After Aurora Shooting. The Colorado Independent. By Scot Kersgaard. Aug. 7, 2012. Law Professor David Kopel Argues Colorado Gun Laws Have Saved Lives/a>. Guns.com. By S.H. Blannelberry. Aug. 2, 2012. Kopel and Eugene Volokh quoted in New York Times, on Colorado gun laws. July 20, 2012. Size of ammunition cache not unusual, say gun experts. By Joey Bunch. Denver Post. July 22, 2012. Public health leaders ‘afraid to say guns’. By Katie Kerwin McCrimmon and Diane Carman. Health Policy Solutions. July 24, 2012. Tuerie d'Aurora: armes à feu à profusion. By Nicolas Bérubé. La Presse (Montreal). July 23, 2012. Denver sörjer offren efter skjutningen. Swedish National Radio. July 22, 2012. USA's vapenlagar ohotade trots Denver-skytten. Swedish National Radio. July 22, 2012. Colorado, bastano un modulo online e 152,50 dollari per un porto d'armi. America 24. July 21, 2012. Schietpartij beïnvloedt campagne VS niet sterk. Obama en Romney vermijden discussie over wapengebruik. De Staandard. July 23, 2012. En tragisk påminnelse om at vi har et nasjonalt problem. Aftenpost (Norway). July 21, 2012. Amerikas Kreuz mit dem Waffenrecht. Der Spiegel (Germany). July 21, 2012. Schweigen zum Waffenrecht. Der Taggespiegel. July 21, 2012. Právo mít zbraň nedává smysl, píší americká média po masakru na Batmanovi. IHNED (Czech Republic). July 22, 2012. Futile remedies for mass shootings.. Lots of ideas, but none would work. By Steve Chapman. Chicago Tribune. July 25, 2012.

A Land Without Guns: How Japan Has Virtually Eliminated Shooting Deaths. By Max Fisher. The Atlantic. July 23, 2012. Discusses Kopel's article on Japanese gun control. (Spanish text of the article available here.) The article is an excerpt from a chapter in Kopel's book The Samurai, the Mountie, and the Cowboy: Should America Adopt the Gun Con  trols of Other Democracies? The book was named Book of the Year by the American Society of Criminology, Division of International Criminology.

Treaty unlikely to curb US gun rights/a>. CBS News. July 27, 2012.

It's a Tax/It's Not a Tax: ObamaCare Explained. American Thinker. By Cameron Reddy. July 27, 2012.


In the Courts

Amicus brief in Woollard v. Gallagher (4th Circuit), on right to bear arms in Maryland. On behalf of International Law Enforcement Educators & Trainers Association; International Association of Law Enforcement Firearms Instructors, Inc., Prof. Clayton Cramer, and the Independence Institute. Aug. 2012.

Analysis of Supreme Court decision in NFIB v. Sebelius.

Victory in the Colorado Supreme Court! The Court unanimously rules that the University of Colorado may not segregate itself from persons who under Colorado state law are licensed to carry a handgun for lawful defense "everywhere in the state." Kopel's amicus brief for the County Sheriffs of Colorado in Students for Concealed Carry on Campus v. Regents of the University of of Colorado.

Individual mandate: Independence Institute amicus brief in HHS v. Florida Supreme Court case. Argues that the individual mandate cannot be justified by the Necessary and Proper clause.

Medicaid mandate: Independence Institute amicus brief in Florida v. HHS, before the US Supreme Court. Argues that the Obamacare Medicaid mandate (states must drastically expand Medicaid eligibility, or lose all federal matching funds for Medicaid) violates the Constitution. 

Amicus brief in People v. Aguilar, currently before the Supreme Court of Illinois. Professors Michael O'Shea, Nicholas Johnson, and Kopel argue that Illinois's complete prohibition of defensive carry in public places violates the Second Amendment.

Amicus brief for the Independence Institute in Kerr v. Hickenlooper (D. Colo.). Rebuts plaintiffs' claim that direct democracy, such as referenda and initiatives, is contrary to the Republican Form of Government clause of the U.S. Constitution. Podcast by II Senior Fellow Rob Natelson on the brief.

Amicus brief for the International Law Enforcement Educators and Trainers Association, and the Independence Institute, in Peruta v. San Diego (9th Circuit). Details why the carrying of an unloaded handgun--which can only be loaded under "imminent" threat--is insufficient to effectuate the constitutional right of armed self-defense. Also details police interests in encouraging concealed carry rather than open carry. Includes numerous short videos to illustrate the brief's descriptions of how guns are loaded, and how they are deployed in an emergency. 


Latest Monographs & Journal articles

The American Revolution against British Gun Control. Administrative and Regulatory Law News (American Bar Association). Vol. 37, no. 4, Summer 2012.

Weapons Laws of the Russian Federation. Independence Institute Issue Paper number 7-2012. May 2012. By Margot van Loon. Full translation of the statutes into English.

The Great Gun Control War of the 20th Century--and its Lessons for Today. Fordham Urban Law Journal (forthcoming).

Mexico's Federal Law of Firearms and Explosives. 13 Engage 43 (no. 1, Mar. 2012).

Reducing the Drug War's Damage to Government Budgets. 35 Harvard Journal of Law & Public Policy 543 (2012). With Trevor Burrus.

How the British Gun Control Program Precipitated the American Revolution. 38 Charleston Law Review 283 (2012).

The PPACA in Wonderland. 38 American Journal of Law & Medicine (2012). With Gary S. Lawson.

Bad News for John Marshall. 121 Yale Law Journal Online 529 (2012). With Gary S. Lawson. Why Obamacare advocates are wrong to claim that finding the mandate unconstitutional will wreck modern constitutional law.

The Incidental Unconstitutionality of the Individual Mandate. Legal Workshop. Feb. 6, 2012. With Gary S. Lawson.

Colombia's National Law of Firearms and Explosives. Full translation of the Colombian statutes, along with historical and narrative explanation. Independence Institute Issue Paper no. 3-2011. By Jonathan Edward Shaw.

Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate. 121 Yale Law Journal Online 267 (2011). With Gary Lawson. HTML. PDF.

Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law. 12 Engage (no. 1, June 2011): 49-54. With Robert G. Natelson.

How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty. 5 NYU Journal of Law & Liberty 672 (2010). With Paul Gallant & Joanne D. Eisen.

Commerce in the Commerce Clause: A Response to Jack Balkin. 1109 Michigan Law Review First Impressions 55 (2010). With Robert G. Natelson.


In Congress and Legislatures

When did the Independence Institute explain that Obamacare was probably unconstitutional? Senior Fellow Rob Natelson on Jan. 23, 2010. Research Director Dave Kopel on March 22, 2010 (tax power), and April 2, 2010 (commerce power, constitutional structure). Here is the video of Kopel's April 28, 2010, debate with former Colorado Supreme Court Justice Jean Dubofsky, who had announced, "I believe that the lawsuit stands little chance of success,” and "The mechanism chosen by Congress to enforce the requirement of health insurance is not unusual."

Testimony on D.C. Council's proposed revision to the District's gun control laws. Kopel argues against a provision which excessively discriminates against people with visual impairments. The testimony also critiques D.C.'s unusual system of long gun registration. Feb. 13, 2012.

Kopel testified on Nov. 17 before the U.S. Senate subcommittee on Crime and Terrorism regarding S. 463, Senator Schumer's bill to vastly expand the number of people prohibited from owning or temporarily possessing a firearm. 29-page written testimony. Video of subcommittee hearing. Kopel's 5 minute prepared remarks begin at 72:41. At 103:40, there is a Q&A with Senator Grassley, with leads to follow-up questions with Senator Schumer, in which Kopel explains to Schumer what the Schumer bill actually does. Kopel discusses the bill on NRA News. Media coverage: NPR, ABC, Governing, Albany Times Union.

Kopel testified on Sept. 13 before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. Kopel's 24-page written testimony. Video of the subcommittee hearing. Cato Institute podcast with Kopel on the issue.

 

 


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