Latest brief: Caniglia v. Strom. No. 20-157. Merits amicus brief of Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute (Jan. 15, 2021). A judicially-created "community caretaking exception" to the Fourth Amendment allows warrantless searches of automobiles without probable cause. Can the exception be extended to the home? The amicus brief urges not, based on the historical sanctity of the home in Anglo-American law, plus analysis of the text of the Amendments I through V.
How to Speak to New Gun Owners. America's 1st Freedom. Feb. 2021.
Defund the Police. “Defund the police” is not the slogan of people who sincerely believe that black lives matter. Independent Thinking. Winter 2021.
Christmas for Everyone: Graland's Christmas Pageant. Reason/Volokh Conspiracy. Dec. 24, 2020. A story of religious majorities and minorities thriving together.
The NRA Has Always Stood For Freedom. America's 1st Freedom. Jan. 2021. (published Dec. 24, 2020).
The Cult of Mao 1966 v. 2020. Part 3: An all encompassing religion. Epoch Times. Dec. 9, 2020. Part 3 in a series observing similarities between China’s Cultural Revolution and the United States today. The Cultural Revolution culminated in a new religion based on worship of Chairman Mao. In West today, the "woke" admirers of Maoism have created a new religion based on violence, hatred, and totalitarianism.
Rage Mobs 1966 v. 2020. Part 2: Red Guards begin rampaging. Epoch Times. Dec. 9, 2020. Part 2 in a series observing similarities between China’s Cultural Revolution and the United States today.
Cultural Revolution 1966 v. 2020 Part 1: The start of the Cultural Revolution in China. Epoch Times. Dec. 6, 2020. Part 1 in a series observing similarities between China’s Cultural Revolution and the United States today.
How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.
Gun Control Puts Your Life at Risk. In the 20th century, far more people were murdered by genocidal governments than by armed criminals. Reason. Oct. 2020.
In the Media
Bump stocks have a day in court, again. Denver Gazette. Jan 28, 2021. Julia Cardi.
Fed Rule Bars Banks From Targeting Gun Manufacturers: Admin rebukes Obama-era Operation Choke Point. Washington Free Beacon. Jan. 15, 2021. Stephen Gutowski.
Are Mexico's stringent gun control laws aiding a rise in cartel violence? Some citizens are demanding greater access to firearms for self-defense as the country's murder rate soars. Fox News. Nov. 14, 2020. Hollie McKay.
Yes, there is a study of cascading stupidity. Daily Journal (Indiana). Nov. 12, 2020. Craig Ladwig.
Palabra de Trump: Valoraría la reelección como una reivindicación de su personalidad. La Razón (Spain). Nov. 4, 2020.
Colorado’s Proposition 113 is a linchpin in national popular vote campaign but major hurdles remain: The political landscape suggests the national popular vote compact is unlikely to come to fruition and legal challenges loom large. Colorado Sun. Oct. 14, 2020. Evan Ochsner.
Riots Likely Drove 2020's Biggest Gun Sales Spike. Seasonally adjusted sales hit unprecedented levels in June, analysis shows. Washington Free Beacon. Sept. 8, 2020. Charles Fain Lehman and Stephen Gutowski.
National Popular Vote statute violates Colorado Constitution says DU law professor. Complete Colorado. Sept. 6, 2020. Scott Weiser.
Kyle Rittenhouse and his militia defense ignores that private paramilitaries are illegal, NBC Think. Sept. 5, 2020. Erik Schechter.
Alvin York & the U.S. Gun Culture that Saved Europe, GATDaily. Sept. 4, 2020. Miguel Faria.
Knife Rights: Amicus Brief Filed in Hawaii Butterfly Knife Second Amendment Case, Ammoland.com. Sept. 1, 2020. Doug Ritter.
Television, Radio, Podcasts
Fewer Guns, More Genocide. Feb. 7, 2021. Even if we assume that gun control may reduce firearm homicides by individual criminals, it facilitates murder by government. The problem was on full display in the 20th Century. The cumulative dangers of armed criminals are much smaller than the danger of armed criminal governments. Episode #001 of Kopel's Law and Liberty News.
Colorado Inside Out. Feb. 5, 2021. Full episode. More people eligible for vaccines, but FDA keeps supplies low. Denver City Council rams through plan to put halfway houses in more residential neighborhoods. Court ruling against sweeps of illegal homeleess encampments goes too far. El Paso County Republican Chair pulls new shenanigans to stay in office. Disgrace/something nice. Rep. Ocasio Cortes Smollet makes nutty claims that Ted Cruz tried to murder her. Rep. DeGette introduces good bill to expand testing.
Colorado Inside Out. Jan. 29, 2021. Full episode. FDA should stop preventing people from getting at-home tests for CCP virus. Some Colorado Republicans left the party after Trump tried to steal the election. Billionaire Global Warming Czar John Kenny has no idea how the little people make a living. Rudy Giuliani's career of destroying people's lives to get on TV started when he was U.S. Attorney in the 1980s. Disgrace/something nice: CU-Colorado Springs "Diversity" and "Inclusion" Vice-Chancellor Stephanie Rose Spaulding films herself having a racist tantrum. Senators Bennet and Hickenlooper fight to keep the Bureau of Land Management in Grand Junction.
Colorado Inside Out. Jan. 22, 2021. Full episode. Biden's inaugural speech was good, but he then promptly started messing up the virus response. Colorado vaccinations are in a race against the mutant strains of the CCP virus. Ethics complaint against Mayor Michael Hancock has no legal basis, and Hancock has a pattern of bad judgment. Bri Buwntello's bizarre rage tweeting against Rep. Lauren Boebert. Disgrace/something nice: Biden executive order allows "race or sex stereotyping and scapegoating" against federal employees. Many good teachers are going back to classrooms to help students recover from nearly a year of lost learning.
The Mandy Connell Show. How availability cascades poison our politics. KOA 850AM radio, Denver. Oct. 29, 2020. Kopel starts at 54:34.
The Craig Silverman Show. Podcast. Topics include guns, Lauren Boebert, electoral college, religion. Oct. 24, 2020. Kopel is 1:40:19 to 2:30:53.
Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. Pennsylvania Bar Institute. Continuing Legal Education. One hour. Oct. 26, 2020.
Fewer Guns, More Genocide: Europe in the 20th Century. Northwestern University Law Review Symposium, panel 3: Theory and Conflict. Oct. 9, 2020.
The stakes in the Amy Coney Barrett nomination. Radio Free Europe/Radio Liberty. Russian language station. Sept. 26, 2020.
Guns: Culture, Control, and Trump. Devil's Advocate with Jon Caldara. July 24, 2020. Examining increases in gun ownership in 2020, and over the last seven decades. The racist history of American gun control. 36 minutes.
Constitutional Chats, from Constituting America. Federalist Paper 37, The Difficulties of Convention, by James Madison. June 9, 2020. Because of the limits of human knowledge and language, and the diversity of human interests, the proposed Constitution could not be expected to be theoretically perfect. One hour video.
Latest Monographs & Journal articles
Fewer Guns, More Genocide: Europe in the Twentieth Century. Working paper (2021).
The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML
Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review (forthcoming 2020).
In the Courts and Congress
Caniglia v. Strom. No. 20-157. Merits amicus brief of Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute (Jan. 15, 2021). A judicially-created "community caretaking exception" to the Fourth Amendment allows warrantless searches of automobiles without probable cause. Can the exception be extended to the home? The amicus brief urges not, based on the historical sanctity of the home in Anglo-American law, plus analysis of the text of the Amendments I through V.
Folajtar v. Rosen. No 20-812. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, and Independence Institute. (Jan. 14, 2021). Lisa Folajtar pled guilty to cheating on her taxes in 2011, and served three years probation. She has been law-abiding ever since, and has never been dangerous. She should not lose the right to arms for the rest of her life.
Holloway v. Rosen. No. 20-782. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, Independence Institute, and Mountain States Legal Foundation Center to Keep and Bear Arms (Jan. 7, 2021). The Second Amendment allows dangerous people to be disarmed, but not disarmament of a person who is said to lack "virtue."
Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey. No. 19-3142 (3d Cir. Sept. 22, 2020). Amicus brief of law professors, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. In support of petition for rehearing en banc, regarding N.J. magazine confiscation statute.
Young v. Hawaii, No. 12-17808 (9th Cir. en banc 2020). Amicus brief for Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute. Hawaii ban on licensed open carry.
Vermont v. Misch, No. 2019–266 (Apr. 24, 2020). Amicus brief of Cato Institute, Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute. Vermont magazine ban violates the text, history, tradition, and policy of the Vermont Constitution's right to arms. Statutory addendum.