Kopel has "single-handedly...changed the gun debate in the United States." John Fund, Wall Street Journal, speech at the Gun Rights Policy Conference, Crystal City, Virginia, September 2004.
III. Juvenile justice. Subtopics: Schools and Colleges. Censorship at schools. Zero tolerance. Columbine. Gun Safety/Consumer Products/Storage/Lock Laws/"Smart" Guns/Accidents. Federal Legislation. Denver Laws.
Page on Foreign gun control. Subtopics: Africa. Ancient Greece and Rome. Australia. Canada. Eastern Europe. Germany. Great Britain. Hungary. Israel. Italy. Jamaica. Japan. New Zealand. Poland. Switzerland. United Nations.
Page on Religion. Includes issues of the morality of armed self-defense.
Archives for Kopel's Second Amendment Project e-mail newsletter, 1998-2011.
Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects. Albany Government Law Review (forthcoming). Mar. 12, 2013. With Trevor Burrus.
Why Japan is so safe from guns. A society utterly different from our own. NY Daily News. Dec. 19, 2012.
Guns, Mental Illness and Newtown. Why random mass shootings have increased and what to do about it. Wall Street Journal. Dec. 17, 2012.
The N.R.A. Is Still Vital, Because the 2nd Amendment Is. Kopel in the NY Times Room for Debate series on the question, "Is the gun lobby invincible?" New York Times. Dec. 17, 2012.
Moore v. Madigan, key points. Volokh.com. Dec. 11, 2012. Kopel's The Second Amendment in the Nineteenth Century cited by the majority. Right to Arms in the Living Constitution cited by the dissent.
Subtopics: McDonald v. Chicago. District of Columbia v. Heller. Other Supreme Court cases. Supreme Court Justices, and other judges.
The McDonald Case, How Can We Learn From It? GunLawShow.com, Dec. 2011.
McDonald explained. Kopel on "Devil's Advocate." Colorado Public Television, channel 12, Denver. July 9, 2010. YouTube: part 1, part 2, part 3. Half-hour.
Wins of Change. Special digital edition of America's 1st Freedom, July 2010. Long article by Kopel explaining the Supreme Court opinions in McDonald.
Mike Rosen show. Discussion of McDonald, Kagan nomination, other Supreme Court issues. One hour. 850 KOA, Denver. June 29, 2010.
NRA News, June 28, 2010. Last segment of the show. 28 minutes.Podcast on McDonald. iVoices.org. June 28, 2010. MP3.
Kopel on Denver’s Caplis & Silverman radio show, KHOW. 1st hour of the show, June 28, 2010. Show archive.
Kopel's amicus brief in the Supreme Court case McDonald v. Chicago. (The link takes you to the abstract page. From there, click, the "Download" button, then click the location from which you would like to download.) Cited by Justice Alito's plurality opinion (footnote 2), and by Justice Stevens' dissent (twice).
Josh Blackman interviews Kopel about the Supreme Court brief. Nov. 23, 2009. Podcast.
Podcast on the Independence Institute's Supreme Court amicus brief in McDonald v. Chicago. iVoices.org Dec. 1, 2009.
Analysis of the McDonald Oral Argument. Downrange TV with Michael Bane. 34 minutes. Mar. 2, 2010.
Incorporating the Second Amendment. Cato Institute Daily Podcast. June 22, 2010.
Waiting for McDonald. And the impending Kagan hearings. NRA News. June 21, 2010. Last segment on the show, 22 minutes.
NRA Makes its Case. The oral argument in McDonald v. Chicago. America's 1st Freedom, May 2010.
“Reasonable regulation” and McDonald. Volohkcom. March 2, 2010.
The Privileges or Immunities Clause and what it means for the Second Amendment. Kopel interviews the Cato Institute's Ilya Shapiro about his new law review article. 29 minutes. Feb. 16, 2010. MP3.
The Next Supreme Decision: Showdown Over Chicago. The NRA's brief in McDonald v. Chicago. America's 1st Freedom. Feb. 2010.
Stephen Halbrook Christmas Special. Kopel interviews Stephen Halbrook, the leading legal defender of the Second Amendment over the last three decades. Dec. 17, 2009. 53 minutes. MP3.
A Very Gura Christmas. Kopel interviews the young jedi Alan Gura about McDonald v. Chicago. Dec. 7, 2009. 50 minutes. MP3.
McDonald amicus briefs: Academics, Congress redux, and California District Attorneys. Volokh.com. November 25, 2009.
McDonald amicus: Don’t trust Fairman and Berger. Volokh.com. November 23, 2009.
Rules for Aldridge’s Bingham. Volokh.com. November 23, 2009.
Institute for Justice brief in McDonald v. Chicago. Volokh.com. November 23, 2009.
Congressional brief in McDonald v. Chicago. Volokh.com. November 23, 2009.
Academics for the Second Amendment brief in McDonald. Volokh.com. November 23, 2009.
Cato brief in McDonald v. Chicago. Volokh.com. November 23, 2009.
NRA brief in McDonald v. Chicago. Volokh.com. November 17, 2009.
McDonald v. Chicago: Is the 2nd Amendment Incorporated in the 14th Amendment? An explanation of the basic constitutional issues in the case. Nov. 18, 2009. MP3.
The Second Amendment Goes to the Supreme Court Again. Kopel explains McDonald v. Chicago. iVoices.org podcast. Oct. 5, 2009. 11:04.
The Second Amendment in the Supreme Court. Kopel speaks to the Global General Gathering of the Triple 9 Society, and explains the upcoming Supreme Court case on whether the Fourteenth Amendment makes the Second Amendment applicable to state and local governments. Sept. 6, 2009. 86 minutes, video. Watch. Download mp4.
Amicus brief in the Chicago handgun ban cases. Filed in the 7th Circuit Court of Appeals, Feb. 5, 2009.
Podcast on the Independence Institute amicus brief in the Chicago handgun ban case. Dave Kopel's Second Amendment Podcast. Feb. 13, 2009. MP3.
The lawsuits against the Chicago handgun ban, and whether the Second Amendment is incorporated against state and local governments. Dave Kopel's Second Amendment Podcast, in iVoices.org Feb. 6, 2009. MP3.
What good is an individual right if your state won't enforce it? Analysis of the 7th Circuit's decision holding that the Second Amendment does not limit state or local governments. America's 1st Freedom. August 2009.
7th Circuit Court of Appeals Handgun Ruling. Kopel explains the new decision in NRA v. Chicago. Dave Kopel's Second Amendment Podcast, on iVoices.org. June 4, 2009. 12 minutes. MP3.
The State of Heller. Does the Second Amendment apply to state and local governments? Ongoing cases may soon give the Supreme Court an opportunity to issue a definitive decision on this very important question. Discussion of the 9th Circuit's new decision in Nordyke v. King, plus other cases involving incorporation. America's 1st Freedom. June 2009. PDF.
9th Circuit's Ruling Applies 2nd Amendment to States. Kopel explains Nordyke v. King, in which the Ninth Circuit held that the 2d Amendment is incorporated by the 14th. Dave Kopel's Second Amendment Podcast. April 20, 2009. MP3.
Does the Heller Ruling Apply at the State and Local Level? Three different cases could give the Supreme Court an opportunity to decide: the Chicago handgun ban; Alameda County, California, gun show ban; and the New York nunchaku ban. Dave Kopel's Second Amendment Podcast. 11:24. April 10, 2009. MP3.
The First Dominos Fall: Morton Grove and Wilmette Handgun Bans. The Volokh Conspiracy weblog, June 29, 2008.
Gun and self-defense law reform after Heller. Kopel presentation at Fordham Law School. Kopel begins at 15:30. Mar. 9, 2012.
Is Heller Hollow? Explains the court battle over 2d Amendment standard of review. America's 1st Freedom. Nov. 2011.
What Next for D.C.'s Gun Laws. Congress should intervene to protect the Second Amendment. Wall Street Journal. August 8, 2008. With Robert A. Levy.
After Heller: The New American Debate on Guns. Weblog debate about the Heller case and its implications. Participants are Bob Levy of the Cato Institute, Kopel, Dennis Henigan of the Brady Campaign, and Erwin Chemerinsky. Kopel's entries are: "The Right to Bear Arms and 'Sensible' Gun Laws"; "Slope Still Slippery"; "More on 'The' and Pre-existing Rights"; "One Man's 'Sensible' is Another Man's 'Extreme'"; "What Did They Mean in Massachusetts?"; "The NRA and the Supreme Court"; and "In Scalia's Defense". Cato Unbound. July 2008.
Heller's Kitchen. How the Heller decision may affect New York City gun laws. New York Sun, June 30, 2008.
Did Heller matter? The New York Times says it did not, but Kopel details the Times' numerous omissions. Dave Kopel's Second Amendment Podcast. April 3, 2009. MP3.
Gun Rights and the Constitution: Was Heller Insignificant? An examination of last week's New York Times article, which overlooked most of the Second Amendment victories which have flowed from Heller. The New Ledger. March 26, 2009.
Heller is just the beginning of expanding judicial protection of the right to arms. ReasonOnline, June 27, 2008
Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III. 25 Journal of Law & Politics 1 (University of Virginia) (2009). Critique of 4th Circuit Court of Appeals Judge Wilkinson's Virginia Law Review article asserting the D.C. v. Heller is a 21st century version of Roe v. Wade. With Nelson Lund.
Kmiec v. Kmiec on Heller, 1/6/09.
What is the right protected in the Heller dissent? Volokh.com, June 28, 2008.
The Natural Right of Self-defense: Heller's Lesson for the World. Symposium issue on the Heller case. 59 Syracuse Law Review (2009).
Freedom Unbound! In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans. America's 1st Freedom. Aug. 2008.
Supreme Court Victory: Now What? Independent Thinking television show. Kopel and the head of Colorado's Million Mom March. July 12, 2008. 27 minutes.
Miller, Colt .45s and Natural Law. The Heller decision provides constitutional protection for what it recognizes as the natural right of self-defense. The decision also show DC's ban on all self-loading guns to be unconstitutional. Scotusblog, June 27, 2008.
Conservative Activists Key to DC Handgun Decision. Human Events. June 27, 2008.
Constitution is Big Winner in D.C. Gun Case. Kopel's analysis of the Heller decision. Pajamas Media. June 26, 2008.
Kopel on Downrange Radio. 24 minutes on the Heller decision. June 27, 2008.
Supco Ruling a Big Victory, but Many Fights Ahead. West Virginia Outdoor News. June 27, 2008. Article about the interview. 26 minutes.
iVoices.org podcast on the Heller decision. June 26, 2008. 14 minutes.
Kopel interviewed on Caplis & Silverman radio show, KHOW Denver, about Heller. June 26, 2008. (Click on the 3 p.m. hour archive.)
The First Dominos Fall: Morton Grove & Wilmette Handgun Bans, 6/29/08.
Ringside at the Supreme Court. Report on the Heller oral argument. America's 1st Freedom. June 2008. In PDF.
Oral argument in DC v. Heller. The view from the counsel table. Volokh Conspiracy weblog. Mar. 31, 2008.
iVoices.org interview with Kopel, about the oral argument in District of Columbia v. Heller. March 27, 2008. MP3. 15:01.
Press conference after the oral argument in District of Columbia v. Heller. Mar. 18, 2008. C-Span. The first half of the press conference is Mayor Fenty and other D.C. spokespersons. Kopel appears in the background at about 11:24, and speaks from about 18:20 to 19:33. C-Span video, Kopel at 21:30. MP3 of the pro-Heller portion.
NRA News interview on the Supreme Court steps, after oral argument in Heller. Mar. 18, 2008. YouTube.
Kopel telephone interview for Down Range TV, discussing the day's oral argument in District of Columbia v. Heller. Mar. 18, 2008. MP3.
Amicus brief of the Independence Institute, the International Law Enforcement Educators & Trainers Association, and many other law enforcement organizations and leaders in District of Columbia v. Heller. PDF.
Ready to shoot. The legal availability of handguns makes for a better-prepared police force and a safer citizenry. Baltimore Sun. Feb. 27, 2008.With Ed Nowicki.
Independence Institute brief in DC v. Heller. iVoices podcast, Feb. 11, 2008.
What are the anti's thinking? America's 1st Freedom. April 2008. Analysis of the anti-Second Amendment amicus briefs in District of Columbia v. Heller. PDF.
Academics for the Second Amendment brief in the Supreme Court. Law professor Joe Olson is interviewed by Dave Kopel, regarding the brief that A2A wrote regarding the drafting and original meaning of the Second Amendment. Feb. 21, 2008. 44 minute podcast. MP3.
Nelson Lund explains the Second Amendment. Kopel interviews George Mason Law Professor Nelson Lund, author of the Second Amendment Foundation brief in DC v. Heller. Lund explicates the grammar and vocabulary of the Second Amendment. Mar. 4, 2008. MP3.
Military Brief (including full text of Maryland Governor Herbert L. O'Conor's 1942 radio address calling for Maryland Minutemen to defend the state), 2/13/08. District Attorneys, the ABA, and precedent in DC v. Heller, 2/13/08. Goldwater vs. the Solicitor General, in DC v. Heller, 2/12/08. State-level Battle of the Attorneys General in DC v. Heller, 2/12/08. Battle of the Attorneys General in DC v. Heller, 2/11/08. Historical briefs in DC v. Heller, 2/11/08. Law Enforcement Brief in DC v. Heller, 2/11/08. Respondent's Brief in DC v. Heller, 2/7/08. NRA brief in DC v. Heller, 2/7/08. Claremont Institute Empirical Brief in DC v. Heller, 2/7/08. DC v. Heller, amicus brief on racial issues, 2/8/08. Congressional Brief in DC v. Heller, 2/8/08. LGBT brief in DC v. Heller, 2/9/08. The English Roots of the Right Arms. DC v. Heller brief, 2/9/08. Women's Rights Brief in DC v. Heller, 2/9/08. Nelson Lund brief in DC v. Heller, 2/10/08. Jews for the Preservation of Firearms Ownership brief in DC v. Heller, 2/10/08. The "Failed State" Brief in DC v. Heller, 2/10/08. Amicus Briefs for Petitioner in D.C. v. Heller, 1/14/08.
American Constitution Society panel on DC v. Heller. Moderated by Dahlia Lithwick of Slate, the panel features a discussion with John Payne (formerly of the D.C. Corporation Counsel's office; attorney of record on the Brady amicus brief, and currently head of the NAACP LDF), Carl Bogus (Prof. of Law at Roger Williams, and lead author on a pro-DC amicus brief of some historians) and Dave Kopel. The debate was held at the National Press Club, in Washington, D.C.; on March 13, 2008. C-Span video.
Larry Tribe's flip-flop in DC v. Heller, 3/4/08.
The Supreme Decision. Analysis of the D.C. v. Heller case. America's 1st Freedom. Jan. 2008. PDF.
DC's Gun Ban, Round 2. Analysis of the D.C. Circuit Court's denial of the city's petition for rehearing en banc. America's First Freedom. July 2007. In PDF.
D.C. gun ban unconstitutional? Dave Kopel discusses the Parker decision, which declared that D.C.'s ban on handguns and ban on self-defense with any gun is unconstitutional. iVoices podcast. Run time 14:40. MP3. April 16, 2007. (Taped on April 13.)
Supreme Court Gun Cases: Two Centuries of Rights Revealed. Book by David B. Kopel, Alan Korwin, and Stephen P. Halbrook. Book review in WorldNet Daily.
The Supreme Court's Thirty-five Other Gun Cases. 18 St. Louis University Public Law Review 99 (1999).
The Sounds of the Supremes: A Reply to Professor Yassky. Part of an exchange sparked by the previous article. 18 St. Louis U. Pub. L. Rev. 203 (1999).
The Second Amendment Before the Supreme Court. United States v. Miller and all preceding cases. Liberty. Dec. 2003.
What Miller Meant. Kopel interviews Michael O'Shea about the history and multiple meanings of United States v. Miller. 65 minutes. Feb. 16, 2010. MP3.
Why United States v. Miller was so badly written. Volokh.com. February 27, 2010.
Guns in Court. (The Miller case). National Review Online. May 30, 2001.
No Firearms Exception to the Fourth Amendment. Florida v. J.L. From the "Cultural Revolutions" sections of Chronicles magazine. August 2000, pp. 7-8.
A (Really) Brief History of the Collective Right to Keep and Bear Arms. All of the Supreme Court's 19th century cases involving the Second Amendment recognize a broad right for all law-abiding citizens, not a "collective" or militia-only right. America's 1st Freedom. Mar. 2008.
Explaining Eisentrager. The Second Amendment is for individual gun owners. National Review Online. April 20, 2004. Español.
Rights During War. In 1864, the U.S. Army court-martialed an Indiana civilian and sentenced him to death. What does this case teach us about the Second Amendment and the limits of presidential powers? Liberty magazine, April 2004.
The Self-Defense Cases: How the United States Supreme Court Confronted a Hanging Judge in the Nineteenth Century and Taught Some Lessons for Jurisprudence in the Twenty-first. 27 American Journal of Criminal Law 293 (2000).
Miller versus Texas: Police Violence, Race Relations, Capital Punishment, and Gun-toting in Texas in the Nineteenth Century—and Today. 9 Journal of Law and Policy 737 (2001). With Cynthia Leonardatos and Stephen P. Halbrook.
Presser v. Illinois. Analysis of the 1886 case.
Dread the Dred Scott Reference. Don’t toss this case around unless you know what you're talking about. National Review Online. Dec. 14, 2000.
Kopel oral testimony on Kagan nomination. Starts at 41:09. YouTube of Kopel only, including Q&A with Senators Sessions and Hatch. Audio only. MP3 download.
Written testimony on Elena Kagan nomination. Co-authored with Stephen Halbrook.
Kopel on NRA's The Daily News, with Ginny Simone. July 1, 2010. Starting at 1:52. 18 minutes.
Kopel Senate briefing on Kagan and McDonald. U.S. Senate Second Amendment Task Force. June 21, 2010. Link to the 22 minute video, and links to presentations by Stephen Halbrook and Hans Von Spakovsky. YouTube.
Kopel's testimony to the Senate Judiciary Committee, regarding the Second Amendment record of Judge Sonia Sotomayor. Written testimony in PDF (much longer than the oral testimony). Video of Kopel's testimony to the Committee, July 16, 2009, C-Span. Other C-Span video, Kopel at 38:58.
A Sotomayor Critic Weighs In. Kopel and Christian Science Monitor reporter Todd Zwillich discuss the Sotomayor nomination. WNYC, "The Takeaway." July 15, 2009. Approx. 14 minutes.
blog: Sotomayor vs. the Second Amendment, Part II, 6/2/2009. Highly dubious claim against Sotomayor, 5/26/09. Sonia Sotomayor vs. the Second Amendment, 5/26/09.
Sonia Sotomayor. Kopel interviewed by Amy Oliver on KFKA radio. May 27, 2009. MP3.
Sotomayor targets guns now. Justice's dissent contradicts confirmation testimony. Washington Times, June 29, 2010.
Potential Supreme Court nominee records on the Second Amendment. Volokh.com. April 11, 2010.
Diane Wood on the Second Amendment. Volokh.com. April 9, 2010.
Merrick Garland is no friend of the rights of gun owners. Volokh.com. April 9, 2010.
Goodwin Liu on the Second Amendment. Volokh.com. February 25, 2010.
Warren Burger and the Second Amendment. Kopel responds to ex-Chief Justice Burger's article on the Second Amendment in Parade magazine.
Blog: Second Amendment Tea Leaves, 10/29/05 (Corrigan, Luttig, Alito). Miers on the RKBA, 10/3/05. Gun Case in the Supreme Court; Sporting Clays Case in Virginia, 11/4/04.
Federal judge's ruling on gun restrictions in Delaware public housing. NRA News. Aug. 8, 2012.
First Circuit upholds federal ban on juvenile handgun possession. Volokh.com. October 6, 2009.
Second Circuit rules in favor of firearms dealers on procedural due process. Volokh.com. August 17, 2009.
7th Circuit Says Gun Registration is OK. Guns at Obama protests. Volokh.com. August 20, 2009.
Ezell’s doctrinal rules for the Second Amendment. Volokh Conspiracy. July 8, 2011.
The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error. 86 Denver University Law Review 901 (2009). In the annual Tenth Circuit Survey. PDF.
Tenth Circuit split on gun ban for misdemeanants. Volokh.com. August 13, 2009.
The Silveira Threat. How long will the Second Amendment live? National Review Online. Sept. 23, 2003. Part 2 of a 2-part series on harmful gun rights lawsuits.
Secret Weapon. Some 2nd Amendment lawyers help the gun-ban side. National Review Online. Sept. 22, 2003. Part 1 of a 2-part series on harmful gun rights lawsuits. The history of the Morton Grove cases, and of the NAACP's successful litigation strategy. Follow-up: Responses from Robert Kukla and Victor Quilici provide a different perspective on the case, which I should have included in the original article.
Lindh’s Rights. Second Amendment does not apply. National Review Online. May 27, 2002.
A Right of the People: The Meaning of the Emerson Decision. National Review Online. Oct. 25, 2001.
Independence Institute amicus brief in United States v. Emerson. (Second Amendment case before the Fifth Circuit Court of Appeals, 2001.)
Louisiana amendment to strengthen right to arms, on November ballot. Volokh.com. Oct. 3, 2012.
State court standards of review for the right to arms, 50 Santa Clara Law Review 1113 (2010). With Clayton Cramer.
Missouri Court Upholds Statute Against Gun Possession While Intoxicated. Volokh.com. November 20, 2009.
What State Constitutions Teach about the Second Amendment, 29 Northern Kentucky Law Review 845 (2002). Cited in Mosby v. Devine, 851 A.2d 1031, 1040 (R.I. 2004), majority opinion by Chief Justice Williams; State v. Hamdan, 264 Wis.2d 433, 467 n. 23, 665 N.W.2d 785, 802 n. 23 (Wisc. 2003), majority opinion by Justice David T. Prosser.
A Tale of Three Cities: The Right to Bear Arms in State Supreme Courts. Examines state court decisions in Colorado, Oregon, Ohio which upheld bans on so-called "assault weapons." 68 Temple Law Review 1177 (1995), with Clayton Cramer and Scott Hattrup.
Guns in the Dock. Liberty. Feb. 2003. Examines Nunn v. State and Salina v. Blaksley, two important 19th century cases involving the Second Amendment.
Indiana Court Vindicates Right to Self-Defense. Volokh.com. June 23, 2005.
W.V. Court Vindicates Self-Defense Right for Employees. Volokh.com, June 11, 2005.
Subtopics: Legal History. Early America. Founding Era. Madison. 19th century. Civil War and Civil Rights. Bellesiles fraud. Philosophy.
For history of other countries, including England, see the Foreign Gun Control page. For philosophical issues involving religion, see the Religion page.
What Judge Reinhardt missed. Volokh.com. Aug. 5, 2012.
The "Collective Right" and the Second Amendment. NRA News. Sept. 4, 2011.
Cooking up a Collective Right: How a mythical monster nearly swallowed the Second Amendment whole. America's 1st Freedom. Sept. 2011.
Roscoe Pound on the Second Amendment. Volokh.com. February 2, 2010.
The Right to Arms in the Living Constitution. 2009 Cardozo Law Review de Novo99.
What's the Difference between a "Living Constitution" and a Dead Document? The "living Constitution" theory of interpretation should lead to strong protection for a vital Second Amendment. America's 1st Freedom. September 2009
An Army of One. (Attorneys General who supported the Second Amendment). National Review Online. May 29, 2001.
Right to Bear (Some) Arms. National Review Online. June 7, 2001.
Second Amendment: Kopel Defends Individualist View. Coverage of Kopel's debate with Denver University Law Professor Robert Hardaway and Ruchi Bhowmik of the Center to Prevent Handgun Violence. By Ari Armstrong. Colorado Freedom Report. May 8, 2000
Comprehensive Bibliography of the Second Amendment in Law Reviews. 11 Journal on Firearms and Public Policy 1 (1999). Includes hypertext links to many articles.
Big Brother and the Second Amendment. Bill Tonso discusses the Clinton/Reno theory that the Second Amendment only protects the government. October 1, 1993.
Firearms Law and the Second Amendment. Law school textbook. Chapter 3. The Colonies and the Revolution. iVoices.org, May 9, 2012.
Laws about gun ownership in early America. Volokh.com. Dec. 9, 2011.
America's Fascination with Firearms. The rigors of the country's frontier led to the proliferation of firearms and a deeply ingrained pro-gun culture. The World & I magazine, Oct. 2003.
The American Revolution against British Gun Control. Administrative and Regulatory Law News (American Bar Association). Vol. 37, no. 4, Summer 2012.
Firearms Law and the Second Amendment. Law school textbook. Chapter 4. The new Constitution and the Second Amendment. iVoices.org podcast. 44 minutes. June 7, 2012.
Amendment II of the United States Constitution. Explains the key elements of the drafting, original meaning, and development of the right to arms. Constituting America. May 20, 2011.
In Liberty's Two Arms. Both clauses of the Second Amendment protect gun rights. Legal Times, Jan. 14, 2008. Applying Justice Stephen Breyer's book "Active Liberty" to the Second Amendment. PDF. HTML.
Our Second Amendment: The Original Perspective. St. George Tucker. The American Guardian. July 1998.
Tench Coxe and the Right to Keep and Bear Arms in the Early Republic. 7 William and Mary Bill of Rights Journal 347 (1999). With Stephen Halbrook.
The Keystone of the Second Amendment: The Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich. 19 Widener Law Journal 277 (2010). With Clayton Cramer.
Credentials are No Substitute for Accuracy: Nathan Kozuskanich, Stephen Halbrook and the Role of the Historian. 19 Widener Law Journal 343 (2010). With Clayton Cramer.
The Religious Roots of the American Revolution and the Right to Keep and Bear Arms, 17Journal on Firearms and Public Policy 167(2005).
Faith of Our Fathers. Garry Wills translates the Second Amendment into Latin, in order to evade its plain meaning in English. National Review Online. Mar. 16, 2001.
Guns of Our Freedom: Celebrate Independence Day with a few rounds. National Review Online. July 1, 2000. In italiano.
Thomas Jefferson Forever. Chronicles. Celebrates the great Founder, and examines his statements about arms in a free society. In italiano.
blog: St. George Tucker, Saul Cornell, & Justice Stevens, 1/22/08. DC v. Heller: Nathan Kozuskanich's selective reading of American History, 3/9/08. St. George Tucker vs. Saul Cornell on the Second Amendment, 10/13/06
blog: George Mason, 4/1/06.
Smearing Madison. Supreme Court Justice Stephen Breyer, in his zeal to reverse Heller and McDonald, misrepresents the Father of our Constitution. America's 1st Freedom. March 2011.
Justice Stephen Breyer and James Madison. NRA News. Feb. 27, 2011. YouTube video.
Federalist 46."The Influence of the State and Federal Governments Compared," by James Madison. Kopel examines how well Madison's expectations turned out in practice, and Madison's praise for the American "advantage of being armed."Constituting America, June 30, 2010.
Firearms Law and the Second Amendment. Chapter 5. The Early Republic, and the Antebellum Era. 55 minutes. July 20, 2012.
The Second Amendment in the Nineteenth Century. Except for one judge in Arkansas, every court or scholarly commentator who wrote about the Second Amendment in the 19th century believed that the Amendment guaranteed an individual right. 1998 BYU Law Review 1359. Cited in Oregon v. Christian, --P.3d--, 249 Or.App. 1 (Or. Ct. App., 2012) (Edmonds, J., dissenting); Ezell v. City of Chicago, 651 F.3d 684, 702 n. 11(7th Cir. 2011) (Judge Sykes) (commending Kopel article as showing the proper model of "originalist interpretive method as applied to the Second Amendment."); Silveira v. Lockyer, 328 F.3d 567, 585 n. 92 (9th Cir. 2003) (Opinion by Judge Kleinfeld, joined by Judges Kozinski, O'Scannlain, and T.G. Nelson, dissenting from denial of petition for rehearing en banc); Gamble v. United States, 30 A.3d 161, 161 *n7 (D.C. App., Oct. 27, 2011) (Associate Judge Fisher).
Don’t Mess with (Armed) Texans. The real lesson of the Alamo. National Review Online. April 8, 2004.
A Collaborative Effort. Book review of: The Battle of New Orleans: Andrew Jackson and America’s First Military Victory, by Robert V. Remini. Chronicles magazine, July 2000
The Dark Secret of Jim Crow and the Racist Roots of Gun Control. How Jim Crow laws in the late 19th century created the foundation for modern anti-gun laws. America's 1st Freedom. March 2011.
The story of the armed community organizers. The civil rights movement. Volokh.com. February 22, 2010.
How the right to arms saved the non-violent civil rights protesters. Volokh.com. February 8, 2010.
Stephen Halbrook: Securing Civil Rights. Kopel interviews Halbrook about Halbrook's career, and his new book on the 14th Amendment. America's 1st Freedom, Oct. 2010.
Check the Footnotes. Skip Bellesiles. Read Halbrook. NRO Weekend, January 13-14, 2001. With Clayton Cramer. Book review of Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876, by Stephen P. Halbrook.
Albion Tourgee and the Second Amendment. Volokh.com. Dec. 4, 2006.
Brothers In Arms. How civil rights flowed from a rifle barrel. Armed black resistance to race riots in the 20th century. Reason.com, Feb. 24, 2005.
The Klan's Favorite Law: Gun control in the postwar South. Reason.com, Feb. 15, 2005.
Blog: Condoleezza Rice and the Second Amendment, 11/19/04.
Disarming Errors. Book review of Michael Bellesiles' "Arming America." National Review, print edition. Oct. 9, 2000. With Clayton Cramer. This was the first printed article to accuse Bellesiles of fraud.
blog: New developments in Bellesiles' record of lies, 4/10/02. The Poulshock fraud in 1966 and the contrasts with the publisher's handling of the fraudulent Bellesiles book, 3/15/02. Bellesiles gets a new grant, 3/5/02 (the grant was later rescinded).
Sergeant York. Great Hero of the Great War. America's 1st Freedom, Feb. 2005. PDF.
Gun Bans and "Schindler's List". Independence Institute. Aug. 24, 1994. With William R. Tonso.
D-Day was almost a German Holiday. June 1994. With Dan Gifford.
Maryland Governor Herbert O'Conor Calls Forth the Militia in WWII. Volokh.com, Feb. 13, 2008.
For philosophical issues involving religion, see the Religion page.
Is There a Right to Own a Gun? Dave Kopel sits down with CU philosophy professor Michael Huemer to discuss Huemer's philosophical argument that we not only have the right of self-defense, but that right also includes the right to own a gun. iVoices.org. May 18, 2011. 41 minutes. MP3.
Two Cheers for Violence. Pacifists often claim that violence only begets violence. They are wrong. Liberty. Sept. 2004.
Self-Defense: Rights and Coerced Risk-acceptance. Philosophy Professor Samuel Wheeler examines the morality of self-defense.
Arms as Insurance. University of Connecticut Professor Samuel Wheeler explores the ethical case for owning firearms as insurance against unjust attack.
Bodin, Beccaria, and Bastiat. Diverse views on arms and the use of force in society from important philosophers: a French absolutist, the Italian father of criminology, and a French liberal. En italiano.
blog: Rudyard Kipling and Gun Control, 11/28/05.
Subtopics: The Age of Obama. 2008 Election. 2006 Election. 2003-04 Elections. 2002 Election and Politics. 2000 Election. Earlier Elections.
First item of new post-election "flexibility": U.N. gun control. Volokh.com. Nov. 7, 2012.
Second Amendment results, final. Volokh.com. Nov. 7, 2012.
Second Amendment election results. Volokh.com. Nov. 6, 2012.
Under the Gun. A Second Amendment look at the elections. National Review Online. Oct. 29, 2012.
Here's What Could Happen If You Don't Defeat Obama! Who knows what Obama has in store for America if he is elected to a second term, but if we take him at his word, it is not good for gun owners. America's 1st Freedom. Nov. 2012.
Holder Must Go. Attorney General Eric Holder's lies and half-truths in the "Fast and Furious" aftermath are nothing new. A look at the past shows a long history of dishonesty and disdain for the truth and the law. America's 1st Freedom. Mar. 2012.
Will gun owners get caught sleeping? Polling data from the past half-century show tremendous progress in public support for Second Amendment rights. But those gains could be reversed if Second Amendment supporters become apathetic. America's 1st Freedom. Dec. 2011.
Barack Obama and Gun Control: Effective and Shrewd. Encyclopedia Britannica blog. Dec. 14, 2010.
Barack Obama and Gun Control: Effective and Shrewd. NRA News. Dec. 16, 2010. YouTube video.
Trimming Citizens. Efforts to restrict the free speech rights which had been protected in the Citizens United case. America's 1st Freedom, May 2010.
OSHEESH! How President Obama’s latest anti-gun appointee—proposed OSHA Director David Michaels—could place sweeping restrictions on your Right to Keep and Bear Arms. America's 1st Freedom. November 2009.
Guns at Presidential Speeches. The lawful carrying of firearms outside of buildings where the President is speaking, and why it is harmful to the pro-Second Amendment movement. iVoices.org podcast. Aug. 21, 2009. 11:58.
Koh, No! President Barack Obama continues to fill his administration with devout gun-ban advocates, this time appointing transnationalist Harold Koh as legal adviser to the Department of State. America's 1st Freedom. July 2009.
The Pieces Fall into Place. With Gil Kerlikowske, President Obama continues the trend of appointing gun-haters to important positions in his administration. America's 1st Freedom, May 2009.
Education at the Extremez, America’s 1st Freedom, Apr. 2009. Education Secretary Arne Duncan.
The once-fired brass debate. The Obama Department of Defense abruptly announced that it would stop selling once-fired brass to ammunition manufacturers--a move which threatened to substantially worsen the current shortage of ammunition for citizens. But the story has a happy ending, thanks to quick action by Second Amendment supporters. Unfortunately, this week it was also revealed that the Obama administration has moved to destroy the armed pilots program. And the National Park Service moves to ban all lead in national parks. Dave Kopel's Second Amendment Podcast. Mar. 20, 2009. MP3.
"Restoring the Right to Bear Arms" in the Cato Handbook for Policymakers(2008, 7th ed.). With Robert A. Levy.
Stick to Your Guns, Senator. Giving in to the anti-gun lobby will not help Kirsten Gillibrand stay in office. National Review Online. Feb. 24, 2009.
The Whole World is Watching. Secretary of State Hillary Clinton's potential effect on Second Amendment rights. America's 1st Freedom. March 2009. PDF.
Strike Two! Attorney General Eric Holder and the Second Amendment. America's 1st Freedom. Feb. 2009.
Secretary of State Clinton and the Second Amendment. Dave Kopel's Second Amendment Podcast. Jan. 30, 2009. MP3.
Attorney General nominee Eric Holder. Jan. 23, 2009. Dave Kopel's Second Amendment Podcast. MP3.
Gun Control. Issue 24 of the "Change in Command" series, explaining how Americans view the impending inauguration of President Obama. January 2009.
Beware the Rahm. After pledging his support for the Second Amendment during the campaign, President-elect Barack Obama appoints devout gun-ban supporter Rahm Emanuel as his chief of staff. America's 1st Freedom. Jan. 2009.
Eric Holder on Firearms Policy. Volokh Conspiracy. Nov. 20, 2008.
The Second Amendment's Great Election night. Washington Examiner. Nov. 4, 2010.
NRA News. Kopel analyzes the 2010 election results. Video. Nov. 3, 2010.
Gun Rights and the 2010 House Elections. The New Ledger. Oct. 22, 2010.
NRA Supports Pro-Gun Democrats, and Many Democrats Support the Second Amendment. Volokh.com. October 8, 2010.
Ad targeting Buck misfires. Misleading claims about Buck's role in standing up against political persecution of a firearms dealer. WhoSaidYouSaid.com, Oct. 7, 2010.
Remember the imaginary “National Republican Association”? Volokh.com. October 6, 2010.
Bloomberg, Bennet and gun control. Bennet cosponsors the billionaire mayor's anti-gun law. WhoSaidYouSaid.com, Oct. 4, 2010.
Gun Rights and the 2010 Senate Elections. The New Ledger. Sept. 27, 2010.
Dale Peterson Returns, Even Worse. Volokh.com. June 17, 2010.
The Dale Peterson Ad. Volokh.com. June 1, 2010.
Another good night for the Second Amendment. Off-year elections in Virginia and New Jersey. November 4, 2009.
The Second Amendment's Great Election night. The New Ledger. Nov. 4, 2010.
How the Second Amendment Fared Tonight. Volokh Conspiracy. Nov. 5, 2008.
Obama and McCain: Stark contrast on gun rights. Denver Post. Nov. 3, 2008.
Gunning for Victory. Second Amendment voter guide. National Review Online. October 30, 2008.
Interview with Richard Pearson, Executive Director of the Illinois State Rifle Association. Podcast for iVoices.org. Oct. 14, 2008. Pearson has been lobbying on sporting and right to arms issues at the Illinois legislature since 1989. He has more first-hand knowledge of Obama's record on these issues than anyone except Obama himself. In the 20-minutes podcast interview, Pearson suggests that Obama's claim about his supposed support for sportsmen is extremely inaccurate.
When Obama Wrestles with Heller. Barack Obama is a tremendous threat to the Heller decision. He has an extreme anti-gun record. The persons being named as his potential Supreme Court and Cabinet nominees have established records of anti-rights activism. America's 1st Freedom. October 2008.
FactCheck Flubs Obama Gun Fact Check. The NRA's claims about Obama's anti-gun views are supported by his voting record. The Volokh Conspiracy weblog. Sept. 23, 2008.
Gun Owners for Hillary? Townhall.com, May 8, 2008.
The Democrats and Gun Control. The Clinton and Obama records belie their claims to support the Second Amendment. Wall Street Journal. April 17, 2008.
Obama's Other Spiritual Mentor: Rev. Michael Pfleger. The man whom Obama described as one of his three spiritual mentors is a Farrakhan devotee who hates the Second Amendment. Volokh Conspiracy weblog. Apr. 8, 2008.
Gun Rights and Election '08. Kopel analyzes McCain, Clinton, and Obama. Feb. 26, 2008. MP3.
Ron’s Revolution: Could Dr. Paul really surprise us all? National Review Online, Oct. 9, 2007.
Romney, a Second Amendment Killer? Bill Richardson for president!? National Review Online, April 11, 2007.
blog: Hillary Clinton's growing appeal to the gun vote, 5/10/08, 4/13/08.
Election Night 2006 and the Second Amendment. iVoices.org podcast interview with Kopel. 8 minutes. Nov. 8, 2006.
Arms-Bearing Can Bear the Defeat. The Second Amendment emerges from the election relatively unscathed. National Review Online, Nov. 8, 2006.
2006 Second Amendment Election Guide. All the Governor, Senate, and key House races. Oct. 31, 2006.
blog: Texas Primary and the RKBA, 3/8/06.
Arms Alive. The Second Amendment triumphed on Election Day. National Review Online. Nov. 3, 2004.
Key Second Amendment Races. Election guide to U.S. Senate, U.S. House, and Governor's Races. Nov. 2, 2004.
Unarmed for the Election. Arnold Schwarzenegger doesn't know the basics of California gun laws. National Review Online. Sept. 30, 2003.
blog: Kerry's gun, 9/7/04.
Second Wins and Losses. How the Second Amendment made out. National Review Online. Nov.6, 2002.
A Second Amendment Voting Guide. Journey through the states and offices. National Review Online. Nov.4, 2002.
Second Amendment Cheat Sheet II. More competitive races for pro-gun Americans to watch. National Review Online. Nov. 4, 2000.
Second Amendment Cheat Sheet. The most competitive races for pro-gun Americans to watch. National Review Online. Nov. 3, 2000.
Gore’s Privileged Gun Class. Government employees aren’t superior to the governed. National Review Online. Oct. 31, 2000.
Keep It with the People. Gore's shifting stances on guns, the Waxman Department of Justice letter on the Second Amendment, and the Emerson case. National Review Online. Oct. 24, 2000.
Getting Columbine Right. More gun control wouldn't have stopped this tragedy. You're wrong, Al. National Review Online. Oct. 12, 2000.
Gore's Double Standard on Firearms. Gore believes the federal government should mandate that police carry off-duty in states where they don't live; but the federal government should forbid states to allow law-abiding residents to carry guns. Chronicles magazine. Sept. 2000.
Gore Screws on the Silencer. AL goes mum on guns to avoid a Dukakis-like blunder. National Review Online. Aug. 29, 2000.
Cheney's Cop-Killer Rap. If you can't handle the truth, be very afraid of W.'s running mate. National Review Online. July 31, 2000.
The Cheney Glock-n-Spiel. Bush's Veep-in-waiting proved he won't be seduced by mindless gun lobbying. National Review Online. July 27, 2000.
The Gore Gun Agenda. Al's ultimate objective would be to abolish all firearms privacy. National Review Online, May 5, 2000. Discussion of the secret report of the White House Working Group.
Who is Al Gore Kidding? On guns and the National Zoo, Gore is either dishonest or stupid. National Review Online, Apr. 27, 2000. With Clayton Cramer.
Does the National Rifle Association Influence Federal Elections? Examines the 1994 and 1994 House of Representatives elections. Independence Institute Issue Paper no. 8-2006. December 2006. By Christopher B. Kenny, Michael McBurnett & David J. Bordua.
The Gun Issue in the 1988 Presidential Election. How Dukakis's gun prohibition stand turned what could have been a close race into a landslide. Gun World. 1989.
Against All Odds. The defeat of the handgun confiscation initiative in Massachusetts in 1976. America's 1st Freedom. Feb. 2012.
Anti-gun groups and individuals. Pro-gun groups and individuals. Other topics.
The Great Gun Control War of the 20th Century--and its Lessons for Today. Fordham Urban Law Journal (forthcoming).
The Bernardine Dohrn of the early 20th century: The terrorist professor at U of Texas law school. Volokh.com. May 24, 2010.
blog: Inaccurate Statement by Brady Campaign's head, 6/13/08. Hurray for Jim and Sarah Brady, 4/1/06.
What's that Smell? Nearly everyone has heard of the corruption-plagued organization ACORN. Yet many gun owners are unaware of the organization’s strong anti-gun activities and ties. America's 1st Freedom, Dec. 2009.
Targeting Liberties. Montgomery County Police Chief Moose bungled the sniper case while recklessly abusing civil liberty. Chronicles, July 2003. With Paul Blackman. PDF of pre-publication galleys.
blog: Moose's bogus lawsuit, 8/8/03.
Demon’s in the Details. Dems try to put together a new gun strategy, but wind up in the same place — falsely demonizing gun owners. National Review Online. July 24, 2001.
Not Quite a Million Moms. National Review Online. May 15, 2001.
Bigoted Moms Tempered. National Review Online. May 11, 2001.
Gunning for Hysteria. The long-term objectives of the anti-gun lobbies. National Review Online. Feb 23, 2001.
Citibank Goes PC. But then relents when it finds that being against the Second Amendment is bad business. National Review Online. Sept. 20, 2000. With Dave Gowan.
The Million Mom March. Much Less than Advertised. National Review Online, May, 12, 2000.
The Independence Institute's exposed Denver Mayor Wellington Webb's 1991 campaign promise to issue handgun carry permits, and his attempt to obtain NRA election support. Read Wellington Webb's pro-NRA, pro-handgun-carrying letter yourself. (PDF)
Public opinion about the National Rifle Association. Volokh.com. June 2, 2012.
Does the National Rifle Association Influence Federal Elections? Examines the 1994 and 1994 House of Representatives elections. Independence Institute Issue Paper no. 8-2006. December 2006. By Christopher B. Kenny, Michael McBurnett & David J. Bordua.
Harold Volkmer, R.I.P. A tribute to the great Missouri Democrat who led the way to enactment of the Firearms Owner's Protection Acts, one of the most significant pieces of civil rights legislation in the history of Congress. The Volokh Conspiracy. April 18, 2011.
Aaron Zelman, R.I.P. Volokh.com. January 4, 2011.
NRA Convention report. Volokh.com. May 17, 2010.
Speech Freed! The Supreme Court's decision in Citizens United restores the free speech of civil rights groups, such as the NRA. America's 1st Freedom. April 2010.
Does the National Rifle Association Influence Federal Elections? Independence Institute Issue Paper no. 8-2006. December 2006. By Christopher B. Kenny, Michael McBurnett & David J. Bordua. PDF.
Ambrose E. Burnside. General, Governor, Senator, Civil Rights Activist and First President of the NRA. America's 1st Freedom. Nov. 2004. With Paul Gallant & Joanne Eisen. In PDF. (This web version is slightly longer than the text which was printed in the magazine, and is therefore laid out somewhat differently.)
City Council v. NRA. New York City Council is upset that NRA will attend Republican Convention. National Review Online. Aug. 30, 2004. With Paul Blackman.
The Hero of Gettysburg. Winfield Scott Hancock shot straight. National Review Online. July 2, 2004. With Paul Gallant & Joanne D. Eisen. Biography of the 8th President of the National Rifle Association.
Misfiring at Harlon Carter. National Review Online. Aug. 14, 2000.
Scoundrel Time is Back. A response to the false charge that Larry Pratt, President of Gun Owners of America, is a racist. Denver Post, Feb. 20, 1996.
George Bush and the NRA. Gun World. 1996.
Good Riddance George. Paul Danish and David Kopel bid farewell to George Bush as an NRA member. May 1995.
How Does The Independence Institute Make A Real Difference For Gun Rights? GunLawShow.com, Dec. 2011.
Somebody Else's Guns. Why gun owners are mistaken to imagine that gun controls aimed at other people pose no threat to gun ownership for everyone. Blue Press. May 1994.
Things You Can Do to Defend Your Gun Rights. (Electronic Edition). Alan Gottlieb and Dave Kopel. Book. Entire book in one file, or each chapter available as a separate file.
Share this page:
Click the icon to get RSS/XML updates of this website, and of Dave's blog posts
Follow Dave on Twitter.
Search Kopel website:
Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Ave., Denver, Colorado 80203 Phone 303-279-6536. (email)webmngr @ i2i.org
Copyright © 2012