Columns, Magazine Articles, Op-eds

Archives for earlier material: 2007 to 2019. 2001 to 2006. 1986-2000.

2024

National Firearms Act Seminar. Free and online, Oct. 18, from U. Wyo. Firearms Research Center. Reason/Volokh Conspiracy. Sept. 17, 2024.

Firearms Law Textbook 2024 Supplement Now Available: For free -- 566 pages. Reason/Volokh Conspiracy. Sept. 17, 2024.

Malcolm Gladwell's Invented Facts Make Good Stories: His "Revisionist History" podcast can amount to historical fiction. Reason/Volokh Conspiracy. Sept. 11, 2024.

How Some Courts are Evading Bruen by Changing its Rules: Lower Courts evading the "plain text" of the Second Amendment. Reason/Volokh Conspiracy. Sept. 4, 2024.

The History of Bans on Types of Arms Before 1900. Restrictions on carry, minors, and misuse were the norm -- not bans. Reason/Volokh Conspiracy. Aug. 28, 2024.

"El atentado contra Trump hace temer un derramamiento de sangre en la campaña." La Razon (Spain). July 21, 2024. Interview by Jesus Buitrago.

Un camino cuesta abajo. La Razon (Spain). July 21, 2024. Re Trump. Interview by Jesus Buitrago.

Call for Papers: National Firearms Act Symposium. Reason/Volokh Conspiracy. July 1, 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.

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.

2023

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.

The Solicitor General's response to my amicus brief in Rahimi. Only one federal firearms prohibitor does not require any specific finding of fact. Reason/Volokh Conspiracy. Oct. 31, 2023.

Old gun controls that were constitutionally repealed are not precedents for modern gun control. Amicus brief in Supreme Court's Second Amendment Rahimi case. Reason/Volokh Conspiracy. Oct. 6, 2023.

Free "2023 Supplement" for "Firearms Law and the Second Amendment." Covering the many developments in 2022-23. Reason/Volokh Conspiracy. Sept. 6, 2023

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

Cited by Both Sides. University of Wyoming Firearms Research Center. Sept. 13, 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.

The History of Bans on Types of Arms Before 1900. Reason/Volokh Conspiracy. Mar. 21, 2023.

The Fight Against Guns: The Tactics Have Changed, But the Goal Remains the Same. Independent Inking. Spring 2023, page 13.

The Path to TABOR. Independent Inking. Spring 2023, page 4.

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.

'Assault weapon' still a bogeyman for Colorado pols. Denver Gazette. Jan. 9, 2023.

2022

The legal history of bans on firearms and Bowie knives before 1900. Reason/Volokh Conspiracy. Nov. 20., 2022.

Bowie knife statutes 1837-1899. Reason/Volokh Conspiracy. Nov. 20, 2022.

Data on Mass Murder by Government in the 20th Century. Communists killed the most, followed by fascists. Reason/Volokh Conspiracy. Nov. 7, 2022.

Preliminary injunction against New York bans on licensed carry. Gun Owners of America prevail in Antonyuk v. Hochul. Reason/Volokh Conspiracy. Nov. 7, 2022.

The Theoretical Lethality Index is useful for military history but not for gun control policy. Professors Miller and Tucker miss the mark, while Saul Cornell disdains accuracy. Reason/Volokh Conspiracy. Nov. 1, 2022.

Tiananmen Square: An enduring symbol of the Chinese Communist Party's illegitimacy. Reason/Volokh Conspiracy. Oct. 18, 2022.

The paranoid style in gun control politics. Bloomberg's "The Trace" fabricates a conspiracy about amicus brief writers who adhere to Supreme Court Rules. Reason/Volokh Conspiracy. Oct. 17, 2022.

Remembering the heroes of Camp Hale. The Tibetan freedom fighters who battled the Chinese Communist colonialists. The Gazette (Denver). Oct. 16, 2022.

Analysis: "Si pierde la guerra de Ucrania, Putin probablemente morirá." La Razon, Spain. Oct. 16, 2022. Kopel interviewed by Rocio Columnar.

The original meaning of the Indian Commerce Clause. Professor Natelson versus Professor Ablavsky. Reason/Volokh Conspiracy. Oct. 11, 2022.

Dolores Kopel. Remembering a pioneering Colorado lawyer and activist. Reason/Volokh Conspiracy. Oct. 4, 2022.

2022 Supplement for Firearms Law and the Second Amendment. Learn about all the important developments in the last year. Reason/Volokh Conspiracy. Aug. 31, 2022.

The United States Constitution vs the Regime of Mao Zedong: Opposite Systems of Government. Constituting America. Aug. 15, 2022.

Fourth Circuit amicus brief on Maryland handgun licensing law: Legal history before 1900 provides no support for licensing or training mandates for keeping an arm at home. Reason/Volokh Conspiracy. Aug. 10, 2022.

Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen. Summary of article for Cato Supreme Court Review. Reason/Volokh Conspiracy. Aug. 8, 2022.

Boulder County’s new gun law imperils public. The Gazette (Denver). Aug. 8, 2022.

Colorado U.S. District Court issues TRO against magazine and gun ban. Ruling against town of Superior's law is the first post-Bruen decision on arms bans. Reason/Volokh Conspiracy. July 22, 2022.

Clarence Thomas's Long Victory. Washington Examiner. July 7, 2022.

Guns Kill People, and Tyrants with Gun Monopolies Kill the Most: In the long term, disarmament often leads to mass murder by government. Reason/Volokh Conspiracy. June 9, 2022.

The Colorado and Ohio model programs that train teachers to defeat active shooters: Faculty/Administrator Safety Training & Emergency Response (FASTER). Reason/Volokh Conspiracy. June 1, 2022.

A response to the latest vilification campaign against the NRA. David Kopel at the National Firearms Law Seminar. Reason/Volokh Conspiracy. May 27, 2022. Follow-up: A briefer reply to Orin Kerr. Reason/Volokh Conspiracy. May 28, 2022.

The Statistical Truth About the Impact of Constitutional Carry. America's 1st Freedom. May 23, 2022. With Alexander Adams.

Originalists Don't "Hate America." A reply to Professor Andrew Koppelman. Reason/Volokh Conspiracy. May 20, 2022.

How Often Do Armed Citizens Defend Themselves? America's 1st Freedom. May 2022

Audio books on British history. Reason/Volokh Conspiracy. April 29, 2022.

New textbook: Firearms Law and the Second Amendment: Regulation, Rights, and Policy. Reason/Volokh Conspiracy. April 28, 2022.

A glossary of militia law terms. Understanding the equipment early Americans had to possess. Reason/Volokh Conspiracy. April 27, 2022.

Open letter to Denver City Council on licensed concealed carry. Apr. 21, 2022. In Colorado, a person with a concealed carry permit is about 39 times less likely to be arrested than a person without a permit. Bans on licensed carry in public parks are probably unconstitutional.

Tibet's armed resistance to Chinese invasion Part 6: The Tibetan resistance continues, and thwarts a genocide. Reason/Volokh Conspiracy. March 17, 2022.

Tibet's armed resistance to Chinese invasion. Part 5: 1959, Lhasa, and the Momentous Day. Reason/Volokh Conspiracy. March 16, 2022.

Tibet's armed resistance to Chinese invasion. Part 4: 1958—the Chushi Gangdruk unify the uprising. Reason/Volokh Conspiracy. March 15, 2022.

Tibet's armed resistance to Chinese invasion. Part 3: Eastern Tibet is liberated 1956-57. Reason/Volokh Conspiracy. March 14, 2022.

Tibet's Armed Resistance to Chinese Invasion. Part 2: Communist orders for gun registration lead to revolt. Reason/Volokh Conspiracy. March 13, 2022.

Tibet's Armed Resistance to Chinese Invasion. Part 1: The feckless Tibetan government fails to prepare. Reason/Volokh Conspiracy. March 12, 2022.

911 Response Times Have Gone Up. America's 1st Freedom. Feb. 24, 2002.

Maryland Rifle Ban in the Supreme Court: Professors' and think tanks' amicus brief urges Court to grant certiorari. Reason/Volokh Conspiracy. Feb. 11, 2022.

Georgetown Law's actions against Ilya Shapiro lack credibility: Criticizing racial discrimination is protected by the university’s ‘Speech and Expression Policy.' Reason/Volokh Conspiracy. Feb. 3, 2022.

2021

Colorado Constitution bans school’s attempt at resegregation. A Denver elementary school hosts racially segregated playground nights, despite the Colorado Constitution's prohibition on racial classification of pupils. Complete Colorado. Dec. 15, 2021.

The sensitive places issue in New York Rifle. The Court should take care not to allow an exception to the right to bear arms swallow the rule. Reason/Volokh Conspiracy. Nov. 3, 2021. Introduction to article by Stephen Halbrook.

Surprising support for the right to bear arms. Reading the cited sources from Everytown's amicus brief. Reason/Volokh Conspiracy. Nov. 3, 2021.

Social science on the right to bear arms. Doomsday warnings don't hold up. Reason/Volokh Conspiracy. Nov. 2, 2021.

Bearing Arms in "Sensitive Places." Some legal history and doctrinal suggestions. Reason/Volokh Conspiracy. Nov. 2, 2021.

Supreme Court To Decide If Dred Scott Should Apply To All Americans On Guns. Opponents of the right to bear arms want everyone to be treated as badly as the Supreme Court once treated Dred Scott. The Federalist. Nov. 2, 2021.

Corpus Linguistics and the Second Amendment. Support for the right to bear arms for all purposes. Reason/Volokh Conspiracy. Oct. 29, 2021.

Luttig versus Kopel on the right to bear arms. Debate from the National Constitution Center on the impending Supreme Court case. Reason/Volokh Conspiracy. Oct. 29, 2021.

The NRA Has Long Been The Real Gun-Safety Organization. America's 1st Freedom. Oct. 29, 2021.

Amnesty International brief against right to bear arms. Reason/Volokh Conspiracy. Oct. 13, 2021.

Second Amendment professors brief in Supreme Court right to bear arms case. American and English historical precedents show a robust individual right. Reason/Volokh Conspiracy. Oct. 6, 2021.

Biden’s Ammunition Ban Is Part Of The Left’s Plot To Disarm Americans. The gun prohibition lobbies have discovered that even if they can’t ban guns, choking off ammunition is an effective way to prevent people from using them. The Federalist. Sept. 7, 2021.

NRA-ILA Was Founded for You. America's 1st Freedom. August 28, 2021.

NRA Training Programs Have Long Protected American Freedom. America's 1st Freedom. June 11, 2021.

"The Right to Bear Arms" by Stephen Halbrook: Book Review. A book that may may help decide the Supreme Court's upcoming right to carry case. Reason/Volokh Conspiracy. May 1, 2021.

Americans Have Always Owned New Gun Designs. America's 1st Freedom. Apr. 4, 2021.

Ninth Circuit holds there is no right to bear arms outside the home. Reason/Volokh Conspiracy. Apr. 1, 2021. With George Mocsary.

Defund the Police. “Defund the police” is not the slogan of people who sincerely believe that black lives matter. Independent Thinking. Winter 2021.

2020

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. 7, 2020. Part 1 in a series observing similarities between China’s Cultural Revolution and the United States today.

Palabra de Trump: Valoraría la reelección como una reivindicación de su personalidad. La Razón (Spain). Nov. 4, 2020.

How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.

Professor Ruth Bader Ginsburg of Rutgers Law School. Reason, Volokh Conspiracy. Oct. 6, 2020.

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.

Politics ever present for Supreme Court picks. Denver Gazette. Sept. 27, 2020.

Ruth Bader Ginsburg: A Legacy Founded on Vision, Clarity, and Generosity. Professor Ginsburg's career at Rutgers Law School. Epoch Times. Sept. 23, 2020.

Magazine confiscation splits Third and Ninth Circuits: Analysis and history. Reason, Volokh Conspiracy. Sept. 8, 2020.

The Declaration of Independence will never be outmoded, as President Coolidge explained. Equality, inalienable rights, and consent of the governed can be opposed only by reactionaries. Reason, Volokh Conspiracy. July 4, 2020.

Does the Second Amendment prohibit slavery? What Lysander Spooner argued in 1845 became the law of the land in 1868. Reason/Volokh Conspiracy. June 19, 2020.

The pro-slavery origins of American gun control. Complete Colorado. June 14, 2020.

Gun control’s racist history still being written. Complete Colorado. June 9, 2020.

Your NRA's Deep Connection to Memorial Day. Founded in 1871, the NRA began by dedicating itself to the safety of American soldiers. America's 1st Freedom. May 24, 2020.

How the NRA Helped to Reopen Massachusetts’s Gun Stores. America's 1st Freedom. May 14, 2020.

Preliminary injunction against dysfunctional California ammunition background checks. The law made it impossible for many law-abiding citizens to buy ammunition. Reason, Volokh Conspiracy. Apr. 24, 2020.

Our right to arms faces a death by a thousand cuts. The long-term strategy of the gun ban lobby. Colorado Politics. Apr. 8, 2020.

Masks For All: Sensible and Helpful. Wearing improvised masks in public will help defeat the viral invasion. Reason, Volokh Conspiracy. Apr. 3, 2020.

Nuevo Asalto al Presidente. La Razon (Spain). Mar. 14, 2020.

April 19, 1775. Battles of Lexington and Concord: The American Revolution Begins. Constituting America. Feb. 24, 2020.

The gun guy and illegal militia founder who became President: George Washington. Our first President understood that armed citizens are essential to American freedom. Reason/Volokh Conspiracy. Feb. 17, 2020.

What arms are "common"? Amicus brief challenging California rifle ban. Reason/Volokh Conspiracy. Feb. 12, 2020.

Magazines over 10 rounds were well-known to the Founders. Third Circuit case challenges NJ magazine confiscation statute. Reason/Volokh Conspiracy. Feb. 11, 2020.

El Dilema Republicano. La Razon (Spain). Jan. 31, 2020. Interview.

Nuevo Asalto al Presidente. La Razon (Spain). Jan. 14, 2020. Interview.