David Kopel

(303) 279-6536

Constitutional Law I, Constitutional Law II, Advanced Constitutional Law, First Amendment, Second Amendment, State Constitutional Law.

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Adjunct Professor
Advanced Constitutional Law

B.A., 1982, Brown University
J.D., 1985, Michigan Law School

David B. Kopel earned his JD, magna cum laude, from the University of Michigan, and his BA, with Highest Honors in History, from Brown University. He is Research Director of the Independence Institute, a public policy research organization in Denver, Colorado, and is an Associate Policy Analyst with the Cato Institute, in Washington, D.C. He is also Vice-Chair of the Colorado State Advisory Committee to the U.S. Commission on Civil Rights, and a trustee, of the Anne S.K. Brown Military History Collection at the Brown University Library.

Kopel is one of several contributors to The Volokh Conspiracy, a group weblog of law professors, which is part of Reason Magazine. He has written hundreds of opinion articles for periodicals such as the Wall Street Journal, New York Times, Los Angeles Times, and Denver Post.

He is the author of 17 books, and over 100 scholarly articles published in journals from Harvard, Yale, the University of Michigan, University of Pennsylvania, Johns Hopkins, Brown University, and others. His topics include constitutional law, international law, criminal justice, technology, antitrust, media issues, and environmental policy. He has contributed entries to thirteen academic encyclopedias, and served on the Board of Editors for one.

His research has been cited by twenty-two state court appellate opinions, fourteen federal circuit court of appeals opinions (including opinions by Judges Kavanaugh and Gorsush), and over seven hundred law review articles.

In 2008, he appeared before the United States Supreme Court as part of the team presenting the oral argument in District of Columbia v. Heller. His Heller amicus brief for a law coalition of law enforcement organizations and district attorneys was cited four times in the Court’s Heller opinions. His brief in McDonald v. Chicago (2010) was cited by Justice Alito’s plurality opinion, and twice by Justice Stevens’ dissent.

He has testified numerous times before Congress and state legislatures, including before the U.S. Senate Judiciary Committee on the Supreme Court nominations of Elena Kagan and Sonia Sotomayor.

Kopel appears weekly on Colorado Inside-Out, a public affairs discussion program on Colorado Public Television, channel 12 and has won three regional Emmys from the Heartland Chapter of the National Academy of Television Arts and Sciences.

Before joining the Independence Institute, he served as an Assistant Attorney General for the State of Colorado, dealing with enforcement of hazardous waste, Superfund, and other environmental laws. In 1998-99, he served as an Adjunct Professor of Law at New York University. From 2001 to 2009 he was a media columnist for the Rocky Mountain News.

At Brown University, his thesis on Arthur M. Schlesinger, Jr., was awarded the National Geographic Society Prize.

Featured Publications:

The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition. (Praeger, 2017)

Rules for State Legislators: Jerry Kopel’s Guide (2015). With Jerry Kopel.

A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan, 2013). Co-authored.

The Truth About Gun Control. (Encounter Books, 2013).

Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Publishers, 2d ed. 2018).

GUN CONTROL AND GUN RIGHTS: A READER AND GUIDE (New York University Press, 2002). With Andrew McClurg and Brannon Denning. The first university textbook on firearms law and policy.

How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty, 5 NYU JOURNAL OF LAW & LIBERTY (forthcoming, 2010). With Paul Gallant & Joanne D. Eisen.

Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III, 25 JOURNAL OF LAW & POLITICS 1 (2009) (University of Virginia). With Nelson Lund.

The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error, 86 DENVER UNIVERSITY LAW REVIEW 901 (2009).

Is Resisting Genocide a Human Right? 81 NOTRE DAME LAW REVIEW 1275 (2006). With Paul Gallant & Joanne D. Eisen.

Treating Guns Like Consumer Products, 148 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1701 (2000).


Scholarly Articles:

The Right to Arms in Nineteenth Century Colorado. 95 Denver University Law Review 329 (2018).

Heller in the Lower Courts. 40 Campbell Law Review 399 (2018). Panel discussion with Sarah Ludington, Brannon Denning, Dennis Henigan, Hannah Shearer, and David Kopel. Video.

Heller and "Assault Weapons.” 40 Campbell Law Review 461 (2018). Panel discussion with E. Gregory Wallace, Allen Rostron: Panelist, Allen Rostron, Jonathan Lowy, and David Kopel. Video.

The Federal Circuits' Second Amendment Doctrines. 61 St. Louis University Law Journal 193 (2017). With Joseph G.S. Greenlee.

The First Century of Right to Arms Litigation. 14 Georgetown Journal of Law & Public Policy 127 (2016).

Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer. 47 Loyola University Chicago Law Journal 1117 (2016).

Background Checks for Firearms Sales and Loans: Law, History, and Policy. 53 Harvard Journal on Legislation 303 (2016).

Book review of "This Nonviolent Stuff'll Get You Killed: How Guns Made the Civil Rights Movement Possible." 35 Cato Journal 443 (2015).

Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. Howard Law Journal (2015). With Clayton Cramer.

The History of Firearms Magazines and of Magazine Prohibition. 88 Albany Law Review (2015).

The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. 104 Journal of Criminal Law and Criminology 671 (2015).

From Razing a Village to Razing the Constitution: The Branch Davidian Stand-Off Twenty Years Later. 36 Reason Papers 72 (2014). With Paul Blackman.

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review 419 (2014).

Does the Second Amendment Protect Firearms Commerce? 127 Harvard Law Review 230 (2014).

Knives and the Second Amendment. 47 University of Michigan Journal of Law Reform 175 (2013). With Clayton Cramer and Joseph Olson.

Mexico’s Gun Control Laws: A Model for the United States? 18 Texas Review of Law & Politics 27 (2013).

Ancient Hebrew Militia Law. 90 Denver University Law Review Online 175 (2013).

Evolving Christian Attitudes Towards Personal and National Self-defense. 45 Connecticut Law Review 1709 (2013). Analyzes changes in Christian thought about the use of force, from the 19th to the 21st century.

Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects. 6 Albany Government Law Review 306 (2013). With Trevor Burrus.

The American Revolution against British Gun Control. Administrative and Regulatory Law News (American Bar Association). Vol. 37, no. 4, Summer 2012.

The Great Gun Control War of the 20th Century—and its Lessons for Today. 39 Fordham Urban Law Journal 1257 (2012).

Mexico’s Federal Law of Firearms and Explosives. 13 Engage 43 (no. 1, Mar. 2012).

Reducing the Drug War’s Damage to Government Budgets. 35 Harvard Journal of Law & Policy 543 (2012). With Trevor Burrus.

How the British Gun Control Program Precipitated the American Revolution. 38 Charleston Law Review 283 (2012).

The PPACA in Wonderland. 38 American Journal of Law & Medicine 269 (2012). With Gary S. Lawson.

Bad News for John Marshall . 121 Yale Law Journal Online 529 (2012). With Gary S. Lawson.

Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate. 121 Yale Law Journal Online 267 (2011). With Gary Lawson. PDF HTML.

Health Laws of Every Description: John Marshall’s Ruling on a Federal Health Care Law. 12 Engage (no. 1, June 2011): 49-54. With Robert G. Natelson.

A Better Path to Global Firearms Control 2 Jindal Global L. Rev. 198 (2010). With Paul Gallant & Joanne D. Eisen.

Commerce in the Commerce Clause: A Response to Jack Balkin . 109 Michigan Law Review First Impressions 55 (2010). With Robert G. Natelson.

How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty. 5 NYU Journal of Law & Liberty 672 (2010). With Paul Gallant & Joanne D. Eisen.

The Right to Arms in the Living Constitution , 2010 CARDOZO LAW REVIEW DE NOVO 99.

State Court Standards of Review for the Right to Keep and Bear Arms , 50 SANTA CLARA LAW REVIEW 1113 (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 Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich ,19 WIDENER LAW JOURNAL 277 (2010). With Clayton Cramer.

The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators , 114 PENN STATE LAW REVIEW 891 (2010). With Paul Gallant & Joanne D. Eisen.

Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III , 25 JOURNAL OF LAW & POLITICS 1 (2009) (University of Virginia). With Nelson Lund.

Pretend “Gun-free” School Zones: A Deadly Legal Fiction , 42 CONNECTICUT LAW REVIEW 515 (2009).

The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error , 86 DENVER UNIVERSITY LAW REVIEW 901 (2009). Tenth Circuit symposium issue.

Connecting Laypeople with the Law through Blogs , DENVER UNIVERSITY LAW REVIEW DUPROCESS, Oct. 19, 2009. Part of the symposium Legal Scholarship in the Internet Age.

To Heller and Back , 25 JOURNAL OF CONTEMPORARY CRIMINAL JUSTICE 106 (2009). Symposium issue.

Is There a Relationship between Guns and Freedom? Comparative Results from 59 Nations , 13 TEXAS REVIEW OF LAW & POLITICS 1 (2008). With Carl Moody & Howard Nemerov.

The Natural Right of Self-defense: Heller’s Lesson for the World , 59 SYRACUSE LAW REVIEW 235 (2008). Symposium issue.

The Human Right of Self-Defense , 22 BYU JOURNAL OF PUBLIC LAW 43 (2008).

Dhimmitude and Disarmament , 18 GEORGE MASON UNIVERSITY CIVIL RIGHTS LAW JOURNAL 305 (2008). Symposium issue.

Human Rights and Gun Confiscation , 26 QUINNIPIAC LAW REVIEW 383 (2008).

Pacifist-Aggressives vs. the Second Amendment: An Analysis of Modern Philosophies of Compulsory Non-violence , 3 CHARLESTON LAW REVIEW 1 (2008).

Self-defense in Asian Religions , 2 LIBERTY LAW REVIEW 79 (2007).

Armed Resistance to the Holocaust , 19 JOURNAL ON FIREARMS & PUBLIC POLICY 144 (2007).Is Resisting Genocide a Human Right? 81 NOTRE DAME LAW REVIEW 1275 (2006). With Paul Gallant & Joanne D. Eisen.

The Gold Standard of Gun Control, 2 JOURNAL OF LAW, ECONOMICS & POLICY 144 (2006) (book review). With Paul Gallant & Joanne D. Eisen. Symposium issue.

The Catholic Second Amendment, 29 HAMLINE LAW REVIEW 519 (2006). Symposium issue.

The Licensing of Concealed Handguns for Lawful Protection : Support from Five State Supreme Courts, 68 ALBANY LAW REVIEW 305 (2005). State supreme court symposium issue.The Scottish and English Religious Roots of the American Right to Arms: Buchanan, Rutherford, Locke, Sidney, and the Duty to Overthrow Tyranny, 12 BRIDGES 291 (2005). Symposium issue.

The Religious Roots of the American Revolution and the Right to Keep and Bear Arms , 17 JOURNAL ON FIREARMS AND PUBLIC POLICY 167 (2005).

Does the Right to Bear Arms Impede or Promote Economic Development? 6 ENGAGE 85 (2005, no. 1). With Paul Gallant & Joanne D. Eisen.

Microdisarmament: The Consequences for Public Safety and Human Rights ,73 UMKC LAW REVIEW 969 (2005). With Paul Gallant & Joanne D. Eisen. Symposium issue.

Firearms Possession by “Non-State Actors”: the Question of Sovereignty, 8 TEXAS REVIEW OF LAW AND POLITICS 373 (2004). With Paul Gallant & Joanne D. Eisen.

The Torah and Self-Defense , 109 PENN STATE LAW REVIEW 17 (2004).

Gun Ownership and Human Rights , 9 BROWN JOURNAL OF WORLD AFFAIRS 3 (Winter/Spring 2003, no. 2). With Paul Gallant & Joanne D. Eisen.

The UN Small Arms Conference , 23 SAIS REVIEW 319 (2003).

Global Deaths from Firearms: Searching for Plausible Estimates , 8 TEXAS REVIEW OF LAW AND POLITICS 114 (2003). With Paul Gallant & Joanne D. Eisen. Symposium issue.

When Must the Government Disclose Gun Owners’ Names and Addresses? Preview of U.S. Supreme Court case Department of the Treasury v. City of Chicago. American Bar Association PREVIEW OF SUPREME COURT CASES, March 2003, pp. 289-93.

What State Constitutions Teach about the Second Amendment , 29 NORTHERN KENTUCKY LAW REVIEW 845 (2002). Symposium issue.

Smart Guns/Foolish Legislators , 34 CONNECTICUT LAW REVIEW 157 (2001). With Cynthia Leonardatos & Paul Blackman.

Lawyers, Guns, and Burglars , 43 ARIZONA LAW REVIEW 345 (2001). Symposium issue.

Miller versus Texas: Police Violence, Race Relations, Capital Punishment, and Gun-toting in Texas in the Nineteenth Century—and Today , 9 JOURNAL OF LAW & POLICY 737 (2001). With Cynthia Leonardatos & Stephen P. Halbrook.

Treating Guns Like Consumer Products , 148 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1701 (2000).

The Self-Defense Cases: How the Supreme Court Confronted a Hanging Judge in the Nineteenth Century , 27 AMERICAN JOURNAL OF CRIMINAL LAW 294 (2000).

The Evolving Police Power: Some Observations for a New Century , 27 HASTINGS CONSTITUTIONAL LAW QUARTERLY 511 (2000). With Glenn Harlan Reynolds.

Firearms Tracing Data from the Bureau of Alcohol, Tobacco and Firearms : An Occasionally Useful Law Enforcement Tool, but a Poor Research Tool, 11 CRIMINAL JUSTICE POLICY REVIEW 44 (Mar 2000). With Paul Blackman.

Self-Defense: The Equalizer , 15 FORUM FOR APPLIED RESEARCH & PUBLIC POLICY 92 (No. 4, Winter 2000). With Linda Gorman.

Guns, Gangs, and Preschools: Moving Beyond Conventional Solutions to Confront Juvenile Violence , 1 BARRY LAW REVIEW 63 (2000). Symposium issue on juvenile violence.

Tench Coxe and the Right to Keep and Bear Arms in the Early Republic, 7 WILLIAM & MARY BILL OF RIGHTS JOURNAL 347 (1999). With Stephen Halbrook.

The Supreme Court’s Thirty-five Other Second Amendment Cases , 18 ST. LOUIS UNIVERSITY PUBLIC LAW REVIEW 99 (1999). Symposium issue.

The Sounds of the Supremes: A Reply to Professor Yassky , 18 ST. LOUIS UNIVERSITY PUBLIC LAW REVIEW 203 (1999).

Comprehensive Bibliography of the Second Amendment in Law Reviews , 11 JOURNAL ON FIREARMS & PUBLIC POLICY 1 (1999).

All the Way Down the Slippery Slope: Gun Prohibition in England, and Some Lessons for America , 22 HAMLINE LAW REVIEW 399 (1999). With Joseph Olson. The Brady Bill Comes Due: The Supreme Court Saves Federalism, 9 GEORGE MASON CIVIL RIGHTS & CIVIL LIBERTIES LAW JOURNAL 189 (1999).

Clueless: The Misuse of BATF Firearms Tracing Data , 1999 MICHIGAN STATE UNIVERSITY DETROIT COLLEGE OF LAW REVIEW 171.

The Second Amendment in the Nineteenth Century , 1998 BYU LAW REVIEW 1359.

Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban , 30 CONNECTICUT LAW REVIEW 59 (1997). With Glenn Harlan Reynolds.

Communitarians, Neorepublicans, and Guns: Assessing the Case for Firearms Prohibition , 56 MARYLAND LAW REVIEW 438 (1997). With Chris Little.

Can Soldiers be Peace Officers? The Waco Disaster and the Militarization of Law Enforcement, 30 AKRON LAW REVIEW 619 (1997). With Paul Blackman.

Preventing a Reign of Terror: Civil Liberties Implications of Terrorism Legislation , 21 OKLAHOMA CITY LAW REVIEW 247 (1996). With Joseph Olson. Symposium memorial issue for the victims of the 1995 terrorist attack.

The Unwarranted Warrant: The Waco Search Warrant and the Decline of the Fourth Amendment , 18 HAMLINE JOURNAL OF PUBLIC LAW & POLICY 1 (1996). With Paul Blackman.

It isn’t about Duck Hunting: The British Origins of the Right to Arms , 96 MICHIGAN LAW REVIEW 1333 (1995) (book review). Guns, Germs, and Science: Public Health Approaches to Gun Control, 84 JOURNAL OF THE MEDICAL ASSOCIATION OF GEORGIA 269 (1995).

The Ideology of Guns and Gun Control in the United States , 18 QUARTERLY JOURNAL OF IDEOLOGY 3 (1995).

Massaging the Medium: Reducing Media Violence without Infringing the First Amendment , 4 KANSAS JOURNAL OF LAW & PUBLIC POLICY 17 (1995). Symposium issue on violence and the media.

Book review of Aaron Zelman, et al., Lethal Laws , 15 NEW YORK LAW SCHOOL JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 355 (1995). Symposium issue.

The Sullivan Principles: Protecting the Second Amendment from Civil Abuse , 19 SETON HALL LEGISLATIVE JOURNAL 737 (1995). With Richard Gardiner. Symposium issue.

Shall Issue: The New Wave of Concealed Handgun Laws , 63 TENNESSEE LAW REVIEW 679 (1995). With Clayton Cramer. Symposium issue.

A Tale of Three Cities: The Right to Bear Arms in State Courts , 68 TEMPLE LAW REVIEW 1177 (1995). With Clayton Cramer & Scott Hattrup. Symposium issue on state supreme courts.

Rational Basis Analysis of “Assault Weapon” Prohibition, 20 JOURNAL OF CONTEMPORARY LAW 381 (1994). The Allure of Foreign Gun Laws, 83 JOURNAL OF THE MEDICAL ASSOCIATION OF GEORGIA 153 (1994).

Burning Mad: The Controversy over Treatment of Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces , 23 ENVIRONMENTAL LAW REPORTER 10216 (1993).

The Anti-Deficiency Act: A Deficient Excuse for Federal Violations of Environmental Laws., 23 ENVIRONMENTAL LAW REPORTER 10481 (1993).

Japanese Gun Control , 2 ASIA-PACIFIC LAW REVIEW 26 (1993). Peril or Protection? The Risks and Benefits of Handgun Prohibition , 12 SAINT LOUIS UNIVERSITY PUBLIC LAW REVIEW 285 (1993). “Sorry, Wrong Number”:

Why Media Polls on Gun Control are often Unreliable , 9 POLITICAL COMMUNICATION 69 (1992). With Gary Mauser.

Canadian Gun Control: Should America Look North for a Solution to its Firearms Problem? 5 TEMPLE JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 1 (1991).


The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition. (Praeger, 2017).

Rules for State Legislators: Jerry Kopel’s Guide (2015). With Jerry Kopel.

A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan, 2013). Co-authored.

The Truth About Gun Control. (Encounter Books, 2013).

Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Publishers 2012). AIMING FOR LIBERTY: THE PAST, PRESENT AND FUTURE OF FREEDOM AND SELF-DEFENSE (Merril Press, 2d ed. 2018).

THE HELLER CASE: GUN RIGHTS AFFIRMED (Bloomfield Press, 2008). With Alan Korwin.

SUPREME COURT GUN CASES (Bloomfield Press, 2003). With Alan Korwin & Stephen Halbrook.

GUN CONTROL AND GUN RIGHTS: A READER AND GUIDE (New York University Press, 2002). With Andrew McClurg & Brannon Denning. The first university textbook on firearms law and policy.

ANTITRUST AFTER MICROSOFT . (Heartland Institute, 2001).

IO SPARO CHE ME LA CAVO: QUANDO ESSERE ARMATI È UN DIRITTO. (2000)(ebook edition 2007). With Carlo Stagnaro.

RCRA DEMYSTIFIED: THE PROFESSIONAL’S GUIDE TO HAZARDOUS WASTE LAW (Environmental Law Institute, 1996). With Linda Rockwood & Kimberly Temple.

NO MORE WACOS: WHAT’S WRONG WITH FEDERAL LAW ENFORCEMENT, AND HOW TO FIX IT (Prometheus Books, 1997). With Paul Blackman. Winner of the 1997 Thomas S. Szasz Award for Outstanding Contributions to the Cause of Civil Liberties, presented by the Center for Independent Thought.

GUNS: WHO SHOULD HAVE THEM? (Prometheus Books, 1995).

THE SAMURAI, THE MOUNTIE, AND THE COWBOY: SHOULD AMERICA ADOPT THE GUN CONTROLS OF OTHER DEMOCRACIES? (Prometheus Books, 1992). Named 1992 Book of the Year by the American Society of Criminology, Division of International Criminology.

GUN CONTROL IN GREAT BRITAIN: SAVING LIVES OR CONSTRICTING LIBERTY? (University of Illinois at Chicago, Office of International Criminal Justice, 1992).

THE HIGHBROW IN AMERICAN POLITICS: ARTHUR M. SCHLESINGER JR. AND THE ROLE OF THE INTELLECTUAL IN POLITICS . Honors Thesis in History, Brown University, 1982. Awarded Highest Honors, and National Geographic Society Prize.

Encyclopedias and Dictionaries:

Entry on "Dhimmis" in Encyclopedia of Political Thought (Wiley-Blackwell, Facts on File, 2014).

Editorial Board and author of 45 entries for Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law (ABC/Clio: 2d ed. 2012).

Entry on "Pierce v. Society of Sisters" in The Twenties in America (Salem Press, 2012).

Entry on "Garcia, Jerry" in Latinos (Great Lives from History) (Salem Press, 2012).

Entries on “National Firearms Act” & “Pittman-Robertson Act” in THE THIRTIES IN AMERICA (Salem Press, 2011).

Entry on “Murphy, Audie,” in THE FORTIES IN AMERICA (Salem Press, 2010).

Entries on “Samuel Colt”, “Richard Gatling” & “Hudson Maxim” in GREAT LIVES FROM HISTORY: INVENTORS AND INVENTIONS (Salem Press, 2009).

Entries on “Ballistic Fingerprinting”, “Bureau of Alcohol, Tobacco and Firearms”, “Gunshot Wounds” & “Silencers, gun” in FORENSIC SCIENCE (Salem Press, 2008).

Entries on “Hennard, George”, “Lépine, Marc”, & “Huberty, James Oliver,” in NOTORIOUS LIVES FROM HISTORY (Salem Press, 2007).

Entries on: “Branch Davidians, raid on”, “Bureau of Alcohol, Tobacco and Firearms”, “Right to Bear Arms”, “Vigilantism”, & “Firearms, Legal and Illegal” in CRIMINAL JUSTICE (Salem Press, 2007).

Entry on “Gun Control”, in DICTIONARY OF AMERICAN HISTORY (Charles Scribner’s Sons, revised edition, 2003).

Editorial Board and author of 41 entries for GUNS IN AMERICAN SOCIETY: AN ENCYCLOPEDIA OF HISTORY, POLITICS, CULTURE, AND THE LAW (ABC/Clio: 2002). Named an “Editors Choice,” as one of the best new reference books of 2003 by Booklist, the magazine of the American Library Association. Currently being revised for a new edition.

“Police Violence” in ENCYCLOPEDIA OF VIOLENCE IN THE UNITED STATES (Charles Scribner’s Sons, 1999).

Chapters/Entries in Books:

Restoring the Right to Keep and Bear Arms in Cato Handbook for Policymakers (8th ed. 2017). With Trevor Burrus and Robert A. Levy.

Asking whether American gun laws should be stricter misses the mark, in Gun Control in the United States A Reference Handbook (2d edition; Gregg Lee Carter editor) (ABC-Clio, forthcoming 2017).

Comparison of National Gun Laws, in Guns and Contemporary Society: The Past, Present, and Future of Firearms and Firearm Policy. (Praeger Publishers, ABC-CLIO, Glenn H. Utter editor, 2015).

Gun Politics in America: Historical and Modern Documents in Context. (2 vols., Harry L. Wilson ed.) (ABC-CLIO 2016).

Meaning of the Second Amendment: The Motives Behind the Second Amendment: An Individual Right. American Government. (ABC-CLIO, 2013).

Restoring the Right to Bear Arms, in Cato Handbook for Policymakers (2009, 7th ed.). With Robert A. Levy.

Gun Control and the Right to Arms after 9/11, in THE IMPACT OF 9/11 AND THE NEW LEGAL LANDSCAPE (Palgrave MacMillan, 2009). With Paul Gallant & Joanne D. Eisen.

Restoring the Right to Bear Arms in the CATO HANDBOOK FOR POLICYMAKERS (Cato Institute, 2008). With Robert A. Levy.

Militarization on the Home Front, in Cato Handbook on Policy (2005).

A Foreign Policy Disaster, in THE NEW PROHIBITION: VOICES OF DISSENT CHALLENGE THE DRUG WAR (Accurate Press, 2004). With Mike Krause.

Comment on Cook & Ludwig, “Guns and Burglary,” in EVALUATING GUN POLICY: EFFECTS ON CRIME AND VIOLENCE (Brookings Institution, 2003).

Guns and Burglars in GUNS, CRIME, AND PUNISHMENT IN AMERICA (NYU Press, 2003).

Smash-up Policing: When Law Enforcement Goes Military in BUSTED: STONE COWBOYS, NARCO-LORDS AND WASHINGTON’S WAR ON DRUGS (Thunder’s Mouth Press/Nation Books, 2002).

The Expanding Federal Police Power and Gun Control, in CATO HANDBOOK FOR CONGRESS—107TH CONGRESS (2001).

Law Enforcement Militarization: The Drug War’s Deadly Fruit, in AFTER PROHIBITION: AN ADULT APPROACH TO DRUG POLICIES IN THE 21ST CENTURY (Cato Institute, 2000).

America’s Only Realistic Option: Promoting Responsible Gun Ownership, in GUNS IN AMERICA: A READER (New York University Press, 1999).

The Brady Litigation: The Supreme Court Saves Federalism, in COMMENTARIES ON LAW AND PUBLIC POLICY: 1997 YEARBOOK (Dumont Institute: 1999).

The Expanding Federal Police Power in CATO HANDBOOK FOR CONGRESS—106TH CONGRESS (1999).

The Federal Government Should Set a Better Example, in TERRORISM IN THE UNITED STATES (H.W. Wilson Co., 1997). Part of the “Reference Shelf” series.

Two articles on concealed carry and one on foreign gun control in THE GUN CONTROL DEBATE: A DOCUMENTARY HISTORY (Greenwood Press, 1997).

Government Practice chapter in FULL DISCLOSURE: DO YOU REALLY WANT TO BE A LAWYER? (Peterson’s Guides & the American Bar Association, 1989 & 1992).

Media Bias in Coverage of Gun Control: The Press Evaluates the Popular Culture, in THE GUN CULTURE AND ITS ENEMIES (Merril Press, 1990).


Licensed Handgun Carry for Young Adults Serving in the Armed Forces. Independence Institute, Issue Paper no. 1-2016.

The Costs and Consequences of Gun Control. Cato Institute Policy Analysis no. 784 (Dec. 1, 2015).

Necessary Reforms Can Keep Interpol Working in the U.S. Interest. Heritage Foundation Backgrounder #2861. With Theodore R. Bromund. Dec. 11, 2013.

Mexico's Federal Laws on Firearms and Explosives. University of Denver Legal Studies Research Paper No. 10-12. April 2010.

Poisoned Milk and the Poisoning of Democracy: Some Cautions about China Trade and Taiwan Sovereignty. Presented at the symposium "Taiwan's New Approach: Opportunities and Challenges for President Ma Ying-jeou's Government." International House, University of Chicago, October 24, 2008.

"Taiwan’s Presidential Elections: An Analysis of What Happened, and What May Happen Next.” Independence Institute Issue Paper 3-2008. April 2008.

“Media Errors in Coverage of Boulder High School: Falsehoods, Distortions, and Omissions by Bill O’Reilly and ‘Caplis & Silverman’.” Independence Institute Issue Paper 3-2007. June 2007.

“Dark Sky Ordinances: Separating the Light from the Darkness.” Independence Institute Issue Paper 4-2006. April 2006. With Michael Loatman.

“H.R. 1528: A Threat to Gun Owners, Family, and Privacy.” Independence Institute Issue Backgrounder 2005-C. July 2005. With Mike Krause.

“The New McCarthyism: Restricting Constitutional Rights Based on Mere Suspicion.” Independence Institute Issue Backgrounder 2005-B. June 2005.

“The Drug War on Human Rights and Civil Liberties.” Occasional Paper # 8 from the Liberal Institute of the Friederich Naumann Foundation (Potsdam, Germany, 2004).

“Fifty-nine Deceits in Fahrenheit 9/11.” Independence Institute. 2004.

“Ballistic Imaging: Not Ready for Prime Time.” National Center for Policy Analysis. Policy backgrounder. April 2003. With Sterling Burnett.

“Limited Preemption of Firearms Laws: A Good Step for Civil Rights.” Independence Institute Issue Backgrounder 2003-B. Mar. 2003.

“Denver’s New Welfare Hotel: Why the Convention Center Hotel is a Mistake.” Independence Institute Issue Paper 2-2003. Jan. 2003.

“Hate Crime Laws: Dangerous and Divisive.” Independence Institute Issue Paper 1-2003. Jan. 2003.

“Asset Forfeiture Reform is Overdue.” Independence Institute Issue Backgrounder 2002-D. Apr. 2002.

“Should Gun Shows Be Outlawed? McCain Bill Does Much More than Impose Background Checks.” Independence Institute Issue Paper 1-2002. Jan. 2002. With Alan Korwin.

“Access to the Internet: Regulation or Markets?” Heartland Policy Study 92. Heartland Institute. Sept. 1999.

“Firearms Deaths in Colorado.” Independence Institute Issue Backgrounder 2001-D. February 2001. With Diane Nicholl.

“Strengthening Due Process and Accountability, by Limiting Public Contingent Fee Arrangements.” Independence Institute Issue Backgrounder 2000-N, April 2000.

“Abusive Lawsuits against the Second Amendment.” Independence Institute Issue Backgrounder 2000-C. Jan. 2000.

“How Strict are U.S., Colorado, and Local Gun Control Laws?” Independence Institute Issue Paper 12-1999. Aug. 1999.

“Unfair and Unconstitutional: The New Federal Gun Control and Juvenile Crime Proposals.” Independence Institute Issue Paper 3-1999. June 1999. With James Winchester.

“Visiting Nurse Programs: A Good Idea but not with Tobacco Loot.” Independence Institute Issue Backgrounder 1999-D. Feb. 1999.

“Agenda for a Better Colorado: The ABC Guide for Colorado Candidates.” Independence Institute Issue Paper 8-1998. Oct. 1998. With John Andrews.

“Privileged Polluters: The Case against Exempting Municipalities from Superfund.” Competitive Enterprise Institute. Mar. 1998.

“Refining Colorado’s Criminal Code.” Independence Institute Issue Paper 10-1997. Dec. 1997.

“Unneeded Laws 1997.” Independence Institute Issue Paper 2-1997. Jan. 1997. With Jerry Kopel.

“Prison Blues: How America’s Foolish Sentencing Policies Endanger Public Safety.” Cato Institute Policy Analysis 208. April 1994.

“Squirt Gun Bans Won’t Stop Violent Crime: Denver’s ‘Mr. Wilson laws’ are Empty Shells.” Independence Institute Issue Paper 25-1993. Nov. 1993.

“Children and Guns: Sensible Solutions.” Independence Institute Issue Paper 11-1993. Apr. 1993.

“Extreme Drug Law Tramples Bill of Rights: Flaws Seen in Uniform Controlled Substances Act.” Independence Institute Issue Paper 1-1992. January 1992.

“Marijuana Jail Terms: Costly and Hasty.” Independence Institute Issue Paper 5-1991. April 1991.

“Drug Testing: Shaky Science May Nullify Good Intentions.” Independence Institute Issue Paper 4-1990. Apr. 1990.

“Trust the People: The Case Against Gun Control.” Cato Institute Policy Analysis 109. July 11, 1988.

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