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Gun Scholar David Kopel Explains SCOTUS Oral Arguments in Second Amendment Case.
The Reload. Nov. 12, 2023. 39 minutes.
Colorado's Sneaky Gun Registration Bill. And lots of other anti-gun bills.
Devil's Advocate with Jon Caldara. Apr. 12, 2024. One hour.
LATEST
Written testimony against House Bill 24-1310. Bill against armed, trained
teachers and staff in K-12 would endanger students and protect school shooters.
Written testimony against House Bill 24-1270. Mandatory insurance for gun owners
is based on Jim Crow principles, and is full of poison pills.
Written testimony against Colorado HB24-1242. "Assault weapons" bill is based on
plainly false "findings." Further, the bill attempts to outlaw features that
enhance accuracy, because the sponsors oppose "ease of use" of firearms by
"non-experts." PDF.
Written testimony against Colorado SB24-131. Safe zones for mass shooters and
other violent criminals. Bill to declare vast areas off-limits for licensed
carry will endanger public safety. Licensed carry permitees are vastly more
law-abiding than the general population.
Written testimony on Colorado bill to mandate separate Merchant Category Codes
(MCC) for stores that sell firearms. SB24-066 Colorado Senate Business, Labor,
and Technology Committee. Feb. 8, 2024.
Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban.
Citizens should be able to choose the same high-quality defensive arms that
peace officers choose. Reason/Volokh Conspiracy. Mar. 18, 2024.
Bianchi v. Brown, No. 23-863 (U.S. Sup. Ct., Mar. 13, 2024). Petition for
certiorari before judgment. Amicus brief of International Law Enforcement
Educators and Trainers Association, John Locke Foundation, and Independence
Institute. So-called "assault" rifles fire at the same rate as common handguns,
are less powerful than most other rifles, and in mass shootings are less deadly
than handguns. Law enforcement officers choose the rifles because they are
superb for lawful defense of self and others.
Newsom v. B and L Productions, No 23-3793 (9th Cir. Feb. 6, 2023). Amicus brief
of Citizens Committee for the Right to Keep and Bear Arms and the Independence
Institute. There is no historical support for the California legislature's ban
on all gun shows on government property.
NRA v. Vullo, No. 22-842 (U.S. Sup. Ct., Jan. 16, 2023). Amicus brief of Second
Amendment Foundation, John Locke Foundation, and Independence Institute. New
York Gov. Andrew Cuomo and the N.Y. Dept. of Financial Services sent written
threats to banks and insurance companies warning them not to do business with
the NRA. The effort to destroy and silence a constitutional advocacy
organization was similar to the actions of segregationist state governments
against the NAACP in the 1950s and 1960s. Cuomo has a long record of abusive
attempts to eliminate First and Second Amendment rights. The Obama
administration similarly abused tax and bank laws to try to choke off the First
and Second Amendments. The Court should adhere to its precedents and hold
unlawful Cuomo's threat-laundering.
SHORT ARTICLES
Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban.
Citizens should be able to choose the same high-quality defensive arms that
peace officers choose. Reason/Volokh Conspiracy. Mar. 18, 2024.
Preview of Supreme Court Bump Stock Case. In Cargill v. Garland, the Court
should apply the National Firearms Act text that Congress did enact, and not the
text that gun control advocates wish had been enacted. Reason/Volokh Conspiracy.
Feb. 27, 2024.
"Shall Not Be Infringed" Is Pretty Clear. Analysis of recent court decisions in
Maryland and Oregon, and the NY Times' sloppy coverage thereof. America's 1st
Freedom. Jan. 18, 2024.
Firearms Law Works-in Progress Conference 2024. Reason/Volokh Conspiracy. Jan.
2, 2024.
History Podcasts for the New Year. Reason/Volokh Conspiracy. Dec. 29, 2023.
How Magazine Bans Thwart Self-Defense. Bans on standard magazines benefit
criminals and endanger victims. Reason/Volokh Conspiracy. Dec. 20, 2023.
Hanukkah and the Jewish fight for independence. Complete Colorado. Dec. 11,
2023.
Law Enforcement Officers Are Part of "the People," Not Above Them. Law
enforcement amicus brief against Colorado magazine ban. Reason/Volokh
Conspiracy. Dec. 11, 2023.
--------------------------------------------------------------------------------
IN THE MEDIA
Even The Washington Post Called Joe Biden for This Second Amendment Lie.
Townhall. Apr. 10, 2024. Matt Vespa.
Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'.
Reason. Apr. 5, 2024. Jacob Sullum.
This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many
'Sensitive Places'. Legislators are taking a page from constitutionally dubious
state laws that make carry permits highly impractical to use. Reason. Mar. 25,
2024. Jacob Sullum.
Maryland’s Gun Ban Mess: Will the Supreme Court Intervene? It was a hot mess at
the Fourth Circuit Court of Appeals. Liberty Nation News. Mar. 25, 2024. Scott
D. Cosenza.
Stop legislators from endangering the public. The Gazette. Mar. 24, 2024.
House committee OKs assault weapons ban bill. The Center Square. Mar. 20, 2024.
Derek Draplin. Also in Kiowa County Press, Mar. 21.
Colorado can still block Trump. Top legal scholars highlight ways states can act
against an insurrectionist presidential candidate. Colorado Newsline. Mar. 14,
2024. Quentin Young.
Misrepresenting Gun Tracing to Smear a US Senator. Townhall. Mar. 1, 2024. F.
Paul Valone.
Concealed carry keeps growing in Colorado; over twenty-five thousand new permits
in 2023. Complete Colorado. Feb. 24, 2024. Mike Krause.
Rocky Mountain Gun Owners Director Talks Strategy, Dudley Brown Status and Going
Broke in 2023. Taylor Rhodes on the group's outspoken founder and future, as
well as Colorado's "last stand" for gun rights. Westword. Feb, 8, 2024. Chris
Perez.
Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All
Gun Sales. A watchdog group cites ATF "whistleblowers" who describe a proposed
policy that would be plainly inconsistent with federal law. Reason. Feb. 2,
2024. Jacob Sullum.
Ricketts signs brief urging protections for gun owners and Second Amendment.
KOLN (Lincoln, Neb.). Jan. 30, 2024.
Lummis and GOP colleagues file amicus brief urging Supreme Court to lift bump
stock ban. Washington Examiner. Jan. 26, 2024. Emily Jacobs.
--------------------------------------------------------------------------------
TELEVISION, RADIO, PODCASTS
Devil's Advocate with Jon Caldara. April 12, 2024. Discussion of anti-gun bills
in the Colorado legislature. One hour.
Colorado Inside Out. April 12, 2024. The Xcel blackouts are going to become more
frequent, because Xcel is replacing reliable power, such as natural gas, with
unreliable, intermittent sources, namely solar and windmills. Secretary of State
Jena Griswold and Republican Party Chair Dave Williams are both grifters, the
worst persons ever to hold either office. Bill to end voter control of RTD.
Denver budget cuts are the consequence of Biden opening the border to illegal
immigration. Disgrace: Bill to eliminate TABOR refunds and use the money for
welfare. Best thing: Denver U. Pioneers hockey team is again playing for the
national championship.
Independence Institute's Dave Kopel on proposed Colorado firearm regulation.
Colorado's Morning News with Marty Lenz & Jeana Gondek. KOA 850 AM. Mar. 19,
2024.
Gun Scholar David Kopel Explains SCOTUS Oral Arguments in Second Amendment Case.
The Reload. Nov. 12, 2023.
--------------------------------------------------------------------------------
LATEST MONOGRAPHS & JOURNAL ARTICLES
The History of Bans on Types of Arms Before 1900. Including handguns, Bowie
knives, daggers, slungshots, brass knuckles, cannons and more. 50 Journal of
Legislation (Notre Dame, forthcoming 2024). With Joseph G.S. Greenlee.
Restoring the right to bear arms: New York State Rifle and Pistol Association v.
Bruen. In 2021-22 Cato Supreme Court Review (Trevor Burrus ed., Sept. 16, 2022).
Guns Kill People, and Tyrants with Gun Monopolies Kill the Most. 25 Gonzaga
Journal of International Law 20 (2021).
Errors of Omission: Words Missing from the Ninth Circuit's Young v. State of
Hawaii, 2021 University of Illinois Law Review Online 172 (May 13, 2021). With
George A. Mocsary.
Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review 39
(2021).
--------------------------------------------------------------------------------
IN THE COURTS AND LEGISLATURES
Bianchi v. Brown, No. 23-863 (U.S. Sup. Ct., Mar. 13, 2024). Petition for
certiorari before judgment. Amicus brief of International Law Enforcement
Educators and Trainers Association, John Locke Foundation, and Independence
Institute. So-called "assault" rifles fire at the same rate as common handguns,
are less powerful than most other rifles, and in mass shootings are less deadly
than handguns. Law enforcement officers choose the rifles because they are
superb for lawful defense of self and others.
Newsom v. B and L Productions, No 23-3793 (9th Cir. Feb. 6, 2023). Amicus brief
of Citizens Committee for the Right to Keep and Bear Arms and the Independence
Institute. There is no historical support for the California legislature's ban
on all gun shows on government property.
Garland v. Cargill, No. 22-976 (U.S. Sup. Ct., Jan. 26, 2023). Amicus brief of
Senators Cynthia M. Lummis (Wyoming), Mike Lee (Utah), Kevin Cramer (North
Dakota), John Barrasso (Wyoming), Pete Ricketts (Nebraska), Steve Daines
(Montana), Cindy Hyde-Smith (Mississippi), Mike Rounds (South Dakota), Markwayne
Mullin (Oklahoma); Professors Royce de R. Barondes (Missouri, emeritus), F. Lee
Francis (Mississippi College School of Law), Nicholas J. Johnson (Fordham),
Donald E.J. Kilmer, Jr. (Lincoln Law School), Joyce Malcolm (George Mason,
emerita), Joseph V. Muha (Akron), Joseph E. Olson (Mitchell-Hamline, emeritus),
David A. Raney (Hillsdale), Glenn H. Reynolds (Tennessee), E. Gregory Wallace
(Campbell); and the Independence Institute. In judicial review of the BATFE's
regulation outlawing bump stocks, Chevron deference should not be applied. The
rule of lenity does apply, and the standard with the strongest basis in American
legal tradition is reasonable doubt. The National Firearms Act does not outlaw
all "rapid-fire" guns; to the contrary, BATFE has repeatedly affirmed that
Gatling guns are not covered by the NFA. The Court should apply the actual text
of the NFA ("single function of the trigger"), and not BATFE's regulatory
substitute ("single pull").
NRA v. Vullo, No. 22-842 (U.S. Sup. Ct., Jan. 16, 2023). Amicus brief of Second
Amendment Foundation, John Locke Foundation, and Independence Institute. New
York Gov. Andrew Cuomo and the N.Y. Dept. of Financial Services sent written
threats to banks and insurance companies warning them not to do business with
the NRA. The effort to destroy and silence a constitutional advocacy
organization was similar to the actions of segregationist state governments
against the NAACP in the 1950s and 1960s. Cuomo has a long record of abusive
attempts to eliminate First and Second Amendment rights. The Obama
administration similarly abused tax and bank laws to try to choke off the First
and Second Amendments. The Court should adhere to its precedents and hold
unlawful Cuomo's threat-laundering.
Gates v. Polis, No. 22-cv-1866-GPG-SKC (D. Colo., Nov. 30, 2023). Amicus brief
of the International Law Enforcement Educators and Trainers Association, the
Colorado Law Enforcement Firearms Instructors Association, the Western States
Sheriffs Association, Sheriffs John Feyen (Larimer County), Gene Lillard
(Montrose), Brett Powell (Logan), Todd Rowell (Mesa), Steve Reams (Weld), Aaron
Shiplett (Baca), Lou Vallario (Garfield), Sam Zordel (Prowers), and the
Independence Institute. Colorado ban on magazines over 15 rounds endangers
public safety. Motion for Leave to File Amicus Brief.
United States v. Rahimi. No. 22-915 (U.S. Sup. Ct., Oct. 4, 2023). Amicus brief
on behalf of professors Randy Barnett, Robert Cottrol, Lee Francis, Donald
Kilmer, Joyce Malcolm, George Mocsary, Joseph Muha, Joseph Olson, Glenn
Reynolds, and Gregory Wallace; the Second Amendment Law Center; and the
Independence Institute. Old and discriminatory gun control laws that were
repudiated by subsequent constitutional enactments are not valid precedents to
support modern gun controls. Restricting arms rights of individuals whom a court
has found to be "a credible threat" to intimate partners does not infringe the
Second Amendment; disarming people with no judicial findings at all does
infringe the Second Amendment. Thus, 18 U.S.C. sect. 922(g)(8)(C)(i) is not an
infringement, and (C)(ii) is an infringement.
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