Gun Bills Inching Us Closer to Confiscation. Devil's Advocate with Jon Caldara. May 12, 2023. 51 minutes. Kopel and Caldara discuss the Colorado Democratic legislature's malicious and ignorant culture war against the right to arms and public safety. 51 minutes.

Will Increasing Gun Control Improve Public Safety? Centennial Institute at Colorado Christian University. Apr. 3, 2003. Topics include: Biblical issues (Exodus 22, Luke 22, Romans 13), historic (and uncorrelated) trends of increasing gun ownership vs. rises and falls in homicide rates, and historic data on mass murder by government of disarmed victims. 90 minutes. Introduction starts at 9:45..

Latest

The history of arms bans before 1900. Gun Rights Policy Conference. Sept. 23, 2023. Covers handguns, Bowie knives, slungshots, and metal knuckles. 14 minutes.

Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security, Nos. No. 23-1633, 23-1634, 23-1641 (3d Cir. July 10, 2023). Amicus brief of International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, National Association of Chiefs of Police, Professors of Second Amendment Law, and Independence Institute. Assertions about the supposedly "exceptional" wounding power and dangers of so-called "assault weapons" are false. The arms are well-suited for law-defense of self and others, and are frequently chosen for that purpose by law enforcement officers and citizens. Claims that ordinary law enforcement officers routinely use extremely dangerous super-powerful weapons are defamatory to law enforcement.

United States v. Daniels, No. 22-60596 (5th Cir. July 6, 2023). Amicus brief by Scholars of Second Amendment Law (F. Lee Francis, Nicholas J. Johnson, Donald E.J. Kilmer, David B. Kopel, George A. Mocsary Joseph V. Muha, Joseph E. Olson, Glenn H. Reynolds) and Independence Institute. The ban on firearms possession by every "user" of marijuana, 18 U.S.C. 922(g)(3), is contrary to history and tradition, as shown by historic laws pertaining to alcohol. Shooting or weaing firearms while intoxicated may be prohibited, but not use while sober.

Short articles

"Es evidente que Biden sufre un grave deterioro mental." Interview in La Razon (Spain). Sept. 17, 2023.

Fast Reloading of Guns in the 19th Century. Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy. Reason/Volokh Conspiracy. June 5, 2023.

The Founders were well aware of continuing advances in arms technology. Building on what had come before, the Madison-Monroe research program led the way to the many innovations of the 19th century. Reason/Volokh Conspiracy. May 26, 2023.

Preliminary injunction against NJ ban on peaceable carry. Reason/Volokh Conspiracy. May 16, 2023.

AR rifle ammunition is less powerful than most other rifle ammunition. Bullet speed matters, but so does bullet weight. Reason/Volokh Conspiracy. Apr. 11, 2023. With Greg Wallace.

How powerful are AR rifles? About the same as other rifles. Reason/Volokh Conspiracy. Feb. 27, 2023. With Greg Wallace.

The Sources Cited by the Supreme Court in Bruen: Guidance for judicial examination of legal history. Reason/Volokh Conspiracy. Feb. 13, 2023.

In the Media

Is Donald Trump Unable To Purchase Firearms Due To His Felony Indictments? CheckYourFact. Sept. 26, 2023. Elias Atienza.

How a Conservative Supreme Court’s Expansion of Gun Rights Could Help Hunter Biden. Wall Street Journal. Sept. 16, 2023. Jacob Gershman.

Tillis email omits key details of Democrat's proposed tax on guns. Politifact. Sept. 8, 2023. Paul Specht.

Television, Radio, Podcasts 

The history of arms bans before 1900. Gun Rights Policy Conference. Sept. 23, 2023. Covers handguns, Bowie knives, slungshots, and metal knuckles. 14 minutes.

Colorado Inside Out. Sept. 8, 2023. Lawsuit to keep Trump of ballot is legally plausible. State government hosting meetings on psychedelic healing centers. Excessive state and local regulations are extreme burden on businesses. Hype over CU football. Disgrace: You taxpayer dollars subsidize pro-Hitler dictator Mahmoud Abbas. Best thing: Post-debate: Nikki Haley up, fraudsters Trump & Ramaswamey down.

Will Increasing Gun Control Improve Public Safety? Centennial Institute at Colorado Christian University. Apr. 3, 2003. Topics include: Biblical issues (Exodus 22, Luke 22, Romans 13), historic (and unrelated) trends of increasing gun ownership vs. rises and falls in homicide rates, and historic data on mass murder by government of disarmed victims. 90 minutes. Introduction starts at 9:45.

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 Congress

Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security, Nos. No. 23-1633, 23-1634, 23-1641 (3d Cir. July 10, 2023). Amicus brief of International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, National Association of Chiefs of Police, Professors of Second Amendment Law, and Independence Institute. Assertions about the supposedly "exceptional" wounding power and dangers of so-called "assault weapons" are false. The arms are well-suited for law-defense of self and others, and are frequently chosen for that purpose by law enforcement officers and citizens. Claims that ordinary law enforcement officers routinely use extremely dangerous super-powerful weapons are defamatory to law enforcement.

United States v. Daniels, No. 22-60596 (5th Cir. July 6, 2023). Amicus brief by Scholars of Second Amendment Law (F. Lee Francis, Nicholas J. Johnson, Donald E.J. Kilmer, David B. Kopel, George A. Mocsary Joseph V. Muha, Joseph E. Olson, Glenn H. Reynolds) and Independence Institute. The ban on firearms possession by every "user" of marijuana, 18 U.S.C. 922(g)(3), is contrary to history and tradition, as shown by historic laws pertaining to alcohol. Shooting or weaing firearms while intoxicated may be prohibited, but not use while sober.

Koons v. Platkin, 2023 WL 3478604, No. CV 22-7463 (D.N.J. May 16, 2023). The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018); Guns in America: Arming the Right People Can Save Lives, L.A. Times (Jan. 15, 2013); Shall Issue: The New Wave of Concealed Handgun Laws, 63 Tennessee Law Review 679 (1995).

National Shooting Sports Foundation v. Platkin. No. 23-1214. May 8, 2023. Third Circuit amicus brief. New Jersey statute to allow lawsuits against law-abiding firearms businesses violates the Second Amendment, and is similar to abusive First Amendment lawsuits from the Jim Crow period.

Barnett v. Raoul, 2023 WL 3160285, No. 3:23-CV-00141-SPM (S.D. Ill. Apr. 28, 2023). Citing Rational Basis Analysis of 'Assault Weapon' Prohibition, 20 Journal of Contemporary Law 381 (1994).

United States v. Walter, 2023 WL 3020321, No. 3:20-CR-0039 (D.V.I. Apr. 20, 2023). Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018).

United States v. Connelly, 2023 WL 2806324 EP-22-CR-229(2)-KC (W.D. Tex. Apr. 6, 2023). Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018).

U.S. House Oversight and Accountability Committee and Judiciary Subcommittee on Oversight and Accountability. Hearing on ."ATF's (Bureau of Alcohol, Tobacco, Firearms, and Explosives) Assault on the Second Amendment: When is Enough Enough?" Mar. 23, 2023. Cited in testimony of Amy Swearer, Heritage Foundation.

U.S. Senate Judiciary Committee. Hearing on "Protecting Public Safety after New York State Rifle and Pistol Association v. Bruen." Mar. 15, 2023. Kopel cited in testimony by Amy Swearer, Heritage Foundation.

United States v. Jackson, No. CR22-37RSL, 2023 WL 1967199, *4 n.2 (W.D. Wash. Feb. 13, 2023). Citing The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms, 13 Charleston Law Review 205 (2018). Ban on firearms possession by convicted felons is constitutional.

United States v. Harrison, No. CR-22-00328-PRW, slip op. p. 53 n.176 (W.D. Okla. Feb. 3, 2023). Citing Restoring the right to bear arms: New York State Rifle and Pistol Association v. Bruen, 2021-22 Cato Supreme Court Review at 325-26 (Trevor Burrus ed., 2022). Ban on firearms possession by marijuana users is unconstitutional.

United States v. Rahimi, No. 21-11001 (5th Cir. Feb. 2, 2023). Citing The Federal Circuits' Second Amendment Doctrines, 61 St. Louis University Law Journal 193, 244 (2017). Federal ban on gun possession based on civil restraiing orders, rather than criminal process, is unconstitutional.

United States v. Barber, No. 4:20-CR-384-SDJ, 2023 U.S. Dist. LEXIS 14340 *27-28, 2023 WL 1073667 (E.D. Tex. Jan. 27, 2023). Citing Johnson, Kopel, et al. Firearms Law and the Second Amendment textbook. Arms possession ban for convicted violent felons is not unconstitution

Gonzales v. Google. No. 21-1333. Suprme Court merits amicus brief of Center for Growth and Opportunity, Independence Institute, and other think tanks. The text of Section 230 of the Communications Decency Act does not authorize legal liability for the content of targeted content selected by an algorithm.