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Gun Lawyer
Episode 271- New Year – New Challenges

Gun Lawyer

Play Episode Listen Later Jan 4, 2026 35:17


Episode 271- New Year – New Challenges Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer — Episode 271 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey, gun oppression, Bruen decision, carry permits, violent crime, John Petrolino, high capacity magazines, gun training, NRA classes, self-defense, gun laws, gun rights, gun ownership, legal battles, gun journalist. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:16 And I’m Teddy Nappen. Evan Nappen 00:18 And welcome to Gun Lawyer. Well, I want to thank all of my listeners and supporters, because on The Gundies Award for Podcast of the Year, I’m proud to tell you that Gun Lawyer has made the top five. And so, as one of the top five nominees, we are now in the running to see whether or not we win the Podcast of the Year. But I’m very honored to have made the top five, and I appreciate all of you that took the time to vote for Gun Lawyer. It’s a great way of getting a statement out there about what we believe in and what we fight for here. You know, our show does have a lot to do with what’s going on with New Jersey, because New Jersey is, as you know, the worst state in the country when it comes to oppression of our Second Amendment rights. And by bringing more and more attention to it, we shine that disinfectant of truth out there. So, this is important, and we want to keep up the keep the pressure. Teddy Nappen 01:44 Do you know what we should do for when we for the awards, we don’t go to accept it. We instead send a couple people who are recently released from the Gun Owner Gulag to accept the award. Yeah, like Marlon Brando sent Evan Nappen 02:00 Yeah, right. We’ll send someone from the Gulag to accept the award. I spent three months just to get out, even though I was innocent of all charges. You know, it’s just insane what New Jersey is doing. We’ll be reporting on the new laws that the Governor has yet to sign, but it appears that he will sign further oppression of our Second Amendment rights in New Jersey. And what you have to be aware of so you can protect yourself, because it is really just the extreme government action focused on attacking the Constitution. I mean, that’s what New Jersey is doing. It’s a fact. They try to contrive every conceivable angle to further deteriorate a Constitutional right. Instead of doing everything they can to Page – 1 – of 10 try to protect it, they do everything they can to try to diminish it. That’s the evil of what the New Jersey government is all about, and that’s really what it is. Evan Nappen 03:18 It is anti-rights, anti-Constitution. They are oppressors, and good people suffer. Good, law-abiding citizens suffer. This isn’t an academic exercise. Real people go to jail. Real people have their lives destroyed. Real people have their careers destroyed, their freedom taken and their families destroyed, over this garbage that New Jersey does in turning law-abiding citizens into criminals. I see it every day in the practice of New Jersey gun law. And the purpose of gun law, Gun Lawyer, of this radio show, is to bring attention to this. To help you, the listener, protect yourself from the evil oppression that is New Jersey. And they will, without any care, destroy you if they can, to promote their agenda, their agenda of destroying guns and gun owners. And this is what I see. Okay? This isn’t just hyperbole. It isn’t some made up fantasy. It is literally what I see happening to individuals as I practice in the, in this very area of New Jersey gun law. And it shows you when you have states that are following this agenda, how they destroy good people. So, you’ve got to be careful, especially in New Jersey. But do not give up. Maintain the fight. Stay vigilant. It’s critical. In the big picture, we are winning. New Jersey is going to get its head handed to it. I’m confident in the court decisions that we’ll be seeing. We will succeed. But in the meantime, it’s a battle. I want to see the least amount of casualties on our side in this battle, but it’s a battle nonetheless. Evan Nappen 05:24 And on that point recently, there was an article by one of my favorite writers, Dean Weingarten, who posted this in AmmoLand. He makes a very interesting point about what happened to the homicide rate after the Supreme Court’s Bruen decision. (https://www.ammoland.com/2025/12/what-happened-to-the- homicide-rate-after-the-supreme-courts-bruen-decision/) So, you know, we have this great Second Amendment decision in Bruen that establishes our right to self-defense outside the home and that actually finally enables the carry permits to have to be issued by the anti-gun oppression states like New Jersey that were using the trick of “justifiable need” to stop law-abiding citizens from being able to have a gun to defend themselves, and the legal barrier that the courts created knowingly to oppress rights was working. Evan Nappen 06:25 You know, we had less than 600 carry licenses. And the Bruen decision handily eliminated that, so that licenses had to be issued. Now we’re in the, you know, 60, 70, 80,000 licenses. The number is hard to pinpoint, but it’s constantly growing. And this is great that so many citizens now can be defenders instead of victims. But New Jersey, of course, embarked on trying to limit where you can use your carry. Hence, the “sensitive places”. This crazy matrix of where you can and can’t carry which is also the subject of a court challenge, and we should be seeing some great outcome there, as the, as the Appellate Court has taken on that issue again. Seeing New Jersey’s gun laws go up in flames and go to the garbage can, the garbage heap of history where they belong. Evan Nappen 07:29 But this article from Dean Weingarten about what happened to the homicide rate after the Bruen decision is really very interesting, because it’s a very interesting question. I mean, what this goes to is, Page – 2 – of 10 every time there is anything that is pro-gun rights, pro-enforcing our Constitutional rights, anything that expands our ability to exercise our rights, the anti-rights crowd, the oppressors, will shout what I call BITS, bits. Which is Blood In The Streets. There’ll be blood in the streets. You know, this is going to be the Wild West. This is going to be, you know, just the sky is falling, right? Every time, every time. And so, of course, the prediction was, if we have carry, we’re going to have blood in the streets. And it’s going to be terrible and all this mayhem. And guess what? The opposite, of course, the opposite. The opposite happened. Evan Nappen 08:31 Because as Dean points out in his article, it says. “As of the latest numbers of October 2025, the 12- month running average of violent crime has dropped 14% since June of 2022. The drop in murders is even more pronounced at 39%. The numbers are from the tools provided by the Real Time Crime Index.” How about that, folks? Murder down 39%. Violent crime down 14%. This is tracking, as you and I always knew it would, when law-abiding citizens can defend themselves. Now, of course, it’s not the only reason that violent crime and murders have gone down, but it is absolutely a contributing factor. And the antis are always quick to say. Well, if it just saves one life, we need to. Well, guess what? How many lives have now been saved by the expansion of our rights to carry and defend ourselves since the Bruen decision? Way more than one life, that’s for sure. Lots of lives, lots of lives are being saved because of Constitutional freedom being expanded and protected and preserved. So, this is important to recognize and to force our adversaries to face the fact that guns save lives. That trained law-abiding citizens are lifesavers, and that firearms are protection that is effective. Not just to that individual defending themselves or their families, but in the big picture, the statistics themselves speak to the benefit of it. Evan Nappen 10:54 Hey, I would also like to mention our good friend, John Petrolino, who does amazing journalistic work. And it’s not just me saying that. I’m happy to mention that John recently was given an award, and actually more than one from the New Jersey Society of Professional Journalists. (https://bearingarms.com/camedwards/2025/12/30/petrolinos-coverage-of-new-jersey-2a-issues-earns- accolades-from-surprising-source-n1231070) They announced winners of the 2025 Excellence in Journalism Awards. And we’re talking about winners that include the New York Times, the Asbury Park Press and Politico. Evan Nappen 11:39 Well, lo and behold, there’s John Petrolino, one of the contributors for Bearing Arms and a great writer. He really has done tremendous work in New Jersey, and he won first place for “Best Coverage of State Government” for his series of articles highlighting abuses of the “shall issue” carry permit system. These very abuses of which demonstrate institutionalized racism. He documented excessive wait times and how the number of black applicants are discriminated against. And this research was, in fact, corroborated by the group Rise Against Hate, which, you know, they’re normally not a 2A group. And he won first place also for “Best Coverage of Municipal Government for his Bearing Arms story “Permit to Carry Denial Over a Driving Record?” And he’s really gotten praise here from his fellow journalists, and I think it’s great. Because not only does he deserve it, but imagine, you know, we’re talking about real journalism here, not the propaganda that the lamestream media throws at us. I mean, we’re talking Page – 3 – of 10 about real journalism that puts out a product that is otherwise not being seen, and in doing so, aids our Second Amendment rights and helps fight the oppression with the disinfectant of truth. John, congratulations on your awards. That is just really great, because when you win, we win, and it gets the message out. So, that’s a great job, and we’re proud of you. Evan Nappen 13:56 Hey, let me mention our good friends at WeShoot. WeShoot is a range in Lakewood, and they have got some great specials focused on training, including some great price drops. They are putting forward new prices to save money to get folks training. They’re doing it to make training easier and less expensive. So, they’re offering the USCCA and NRA CCW classes now at $225 down from $299. So, it’s even more affordable. This includes the New Jersey concealed carry class as well. You can get your CCARE and get your carry permit. They are great. That’s where Teddy and I got our certification from. And right there at WeShoot. They’re offering dates for both the NRA and doing your renewals for your carry permits, and they even have carry certification for seniors. They do a special seniors class. Evan Nappen 15:14 They are magnificent in their training programs that they offer. They offer also their HSI Adult CPR / AED certification course. You’ll earn a two-year certification on that. You’re learning how to perform CPR and AED, you know, defibrillator use, and handle basic first aid, respond to choking and cardiac arrest and such. So, if you want to get your training in all these areas and many others, and also just learning to shoot better, they are the place to go. WeShoot is conveniently located in Lakewood, right off the Parkway. You can go to wehootusa.com, weshootusa.com, and check out their website. Beautiful photography. They also have a great pro shop. They have lots of great guns and great deals. They will take care of you. You’ll be able to have a great place to shoot and enjoy relaxation at the range. And you’ll know that you are able to defend yourself and your loved ones should the need arise. But also go there and have some fun. Evan Nappen 16:41 Let me also tell you about our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are fighting very, very hard in a very challenging environment, and they are the key gun rights group in New Jersey. They are the NRA State Affiliate. They’re the umbrella organization of gun clubs through the state, but they also have individual members. Everybody needs to be a member of the Association of New Jersey Rifle & Pistol Clubs. You’ll get their fantastic email alerts, and you’ll get a great newsletter. You’ll also know that you’re part of the solution fighting. They’re going to send you out things you can do real quick to make your voice heard as we continue the fight. And we’ve made a difference. The Association has made a difference. We’re still in a major battle, but the Association is there in the courts, as we speak, fighting on those key issues in the Appellate Courts. Evan Nappen 17:40 As we are talking right now, they’re there in the courts. We’re seeing some incredible results, and we’re going to see even more incredible results. I am extremely optimistic that the courts are going to really deliver for us. The truth is on our side. The law is on our side. The Supreme Court has laid out the groundwork that is all on our side. And the Association is truly on our side, working for the elimination of Page – 4 – of 10 Second Amendment oppression, especially on those key issues that affect so many of us. So, join the Association of New Jersey Rifle & Pistol Clubs at anjrpc.org. Evan Nappen 18:33 And don’t forget to get a copy of my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. Get your book today. Go to EvanNappen.com. It’s the big orange book that is the Bible of New Jersey gun law. It’s a book used by everybody, and you need to have a copy so that you can protect yourself. It is the only book out there that describes New Jersey gun law in a question and answer format so that it is actually almost understandable. How’s that? You can almost understand it from that book. Now, I tried to make it as user- friendly as I can, but New Jersey, of course, itself, is just contradictory in many of its own laws. I try to point it out in the book, when they are saying one thing and then saying another. The contradictions seem to just fly out because they just can’t pass new gun laws fast enough, and they don’t bother to make sure that they actually make sense, right? So, that’s where the book comes in. You’ll be able to know these distinctions and protect yourself. When you get the book, scan the QR code on the front cover and join, for free, my private subscriber base. You’ll get updates, and you’ll be able to access the archives for any previous updates that are there. This way the book will stay current because of that. So, go to EvanNappen.com and order your copy today. Hey, Teddy, what do you have for us today? Teddy Nappen 20:11 Well, as you know, Press Checks are always free, and I always want to see what is the Left, what is the argument they are making now? What is the push that they are trying to go for? Well, it seems they’ve gone and changed their tactics. They are now focusing in on high capacity magazines, or as what you know and everyone else knows them to be, standard capacity magazines. Because it’s just another made up term that they use. But going to The Trace to see their newest argument, I love this, by the way. “How Gun Manufacturers Swamped the Market With Large-Capacity Magazines” (https://www.thetrace.org/2025/12/large-capacity-magazine-nssf-gun-study/) Yes, that’s who is to blame for why there is such a high demand of a quote, unquote high capacity magazines. It’s the gun manufacturers. That’s who’s to blame. So, this article is by Mike Spies in The Trace. They start off with “At least 717 million devices like the one used in the Brown University mass shooting . . . ” Oh, well, there you go. Immediately. The first line. Evan Nappen 21:23 All they do is sell emotion. They’re just selling it as emotion. What about, you know. Do you know what a small, virtually, statistically irrelevant, it’s so small, the number of magazines, of a magazine that holds whatever they’re calling high capacity of that day, whatever that may be, was the reason, was the effect for that crime. Because the magazine held a certain amount of rounds. That is somehow the reason for the crime. It is a statistical irrelevancy. It is pure emotion. Teddy Nappen 22:07 I wonder how they, I wonder how they feel about in Australia, where it took, you know, two guys with a couple of bolt actions. And, you know, I think the body count was what? Double from Brown. But no, sorry, don’t talk about that. Page – 5 – of 10 Evan Nappen 22:20 Right. Teddy Nappen 22:21 Mind you they try to highlight this. Oh, man, Dad, did you know that between 1990 to 2021, the gun industry flooded the market with 717 detachable firearm magazines that held 11 rounds or more. You see, Dad, prior to 1990, there were no magazines that held over 11 rounds. Evan Nappen 22:46 That’s what it was? None. There was suddenly a flood. Teddy Nappen 22:52 A flooding, as a flooding. Then describe what the term a magazine, you know, for anyone doesn’t understand. And then tried to make the argument that not all manufacturers of gun magazines provided data to the study to stipulate the figures representing conservative estimates that military and law enforcement sales were not counted, and roughly 46% of magazines were accounted for from some 443 million, including rifle magazines that held 30 rounds or more. Evan Nappen 23:26 Okay. So, if we have millions and millions and millions of magazines that hold over 10 rounds, do you know how few isolated events, just think of how many few events? They get a ton of media coverage, but how few those events are. And even in those events, what statistical difference did it make that they had a magazine that held more than 10 rounds in commission of that crime? It is so rare and to have to this be of anything, of any real impact, of any true impact, yet it’s pure emotion there. So, oh my God, all these magazines are out there. Yeah, well, so what? So, what? They don’t make a difference. The only time it makes a difference is to the individual who needs to defend themselves. Then the issue of firepower is important in one’s own self-defense. So, when magazines are limited, the question you have to ask is, well, how many bullets is your life worth? In other words, how many bullets can you have to defend your life? Your Government has arbitrarily determined that your life is only worth 10 bullets. No more than 10, just 10. That’s all it’s worth. You’re not worth 11 bullets or 12 or anything more. That’s really what they are saying. Teddy Nappen 25:00 They also seem to stress this whole idea that magazines were only at 10 rounds until 1990, and they’re trying to make that argument. Well, thanks to again, always, when the left make their argument, use context and history, and that is how it is debunked. Right here from, I believe, you said this was a very well known writer, Dave Kopel. Evan Nappen 25:29 Absolutely. David Kopel. Page – 6 – of 10 Teddy Nappen 25:30 He wrote a brilliant article, which I highly recommend people read, “The History of Firearm Magazines and Magazine Prohibition”. (https://davekopel.org/2A/LawRev/2015/History-of-firearms-magazines-and- magazine-prohibition.pdf) Evan Nappen 25:33 Well, it must be a short history, since it only began in 1990. Teddy Nappen 25:44 No, no, let’s start with. Evan Nappen 25:46 Oh, really. Teddy Nappen 25:47 Yeah, you know, let’s go all the way back to 1580. Evan Nappen 25:51 Oh, 1580. Wow, how did they miss that? Teddy Nappen 25:55 I know. With the multi-shot guns. And then cut to the patent pending, 1718, of the Puckle Gun, shooting, you know, 23. Evan Nappen 26:05 I love the Puckle gun. Teddy Nappen 26:06 You know, it used 11 pre-loaded cylinders. And then cut over to everyone’s favorite, the Lewis and Clark air rifle, the Girandoni, that had a detachable magazine. Evan Nappen 26:20 And air guns are firearms in New Jersey. So, it would still considered a firearm. Yeah. Teddy Nappen 26:27 Yeah. So, and cut over to the Alexander Hall and Colonel Parry Porter rifles that were 15-shot rotating cylinder. But they may say, oh, it’s not detachable, though. Even though it’s well beyond the capacity, and you know this is only 1850. Cut over now to the 1866 chain pistol fed , 20 round, belt fed chain pistol. Imagine carrying that? Evan Nappen 27:00 I like that. Page – 7 – of 10 Teddy Nappen 27:01 Yeah. And then cut now to 1899 with the, or 1900 when they were commercially available, the Luger semi- automatic pistols that, you know, could use a seven or eight round magazine or a, you know, their version of a high capacity 32 drum mag. Evan Nappen 27:21 Oooh, the old snail drum mag for the Luger. Teddy Nappen 27:25 And then cut to 1927 where you could go to Auto Ordinance for a 30 round mag. Evan Nappen 27:32 Or a 50 or 100. That’s right. Teddy Nappen 27:35 In 1927, you know? Well, we’re getting, we’re getting closer. You’re getting around that time. But now to 1963, with the AR-15 rifle, with the 20 rounds, a little higher than that, to 30 round magazine capacity. Which to the point, where there was a famous (Supreme Court) case, Staples versus United States, where they were trying, where it differentiated from the AR-15 to the M 16. They tried to blend machine gun to semi auto. Evan Nappen 28:06 Well, they did that on purpose — to fool the public. It was even admitted in Josh Sugarmann’s book. He said that was the intention — to fool the public, who won’t be able to tell the difference between full auto and semi- auto. Machine guns and semi autos. It’ll fool them, because that’s what they’re about. They just want to fool the public to get their agenda through. Teddy Nappen 28:27 Because they, because the Left have this whole ideology, which is the people are stupid and we can manipulate them. Unfortunately, yeah, there’s a lot of people that aren’t read up on it and get easily tricked. They play off of emotions and that’s how they play their game. Luckily, now, thanks to the internet and people being able to do their own research. Even though they’ve, you know, censored, but we’ve fought back hard on that, people can actually see and look up and find out. Oh, yeah, wait. They just lied to me. Here’s the proof. It’s very easy now to debunk their lies, and it’s quite hilarious. Teddy Nappen 29:08 And then I love the ending to it all. I love his ending to the whole article, which is we end this story now in 1979. Jimmy Carter is president, and Gaston Glock is making curtain rods in his garage. Now, look right now. Evan Nappen 29:28 Oh, no, the Glock pistol is coming. Page – 8 – of 10 Teddy Nappen 29:30 Yeah, the Glock pistol is coming. And then all magazine which, and then all polymers. It just comes down to this. The magazines, high capacity magazines, have existed throughout history, and they will continue to exist. Because when they try to sell their argument about high capacity magazines, you know, they will forever be out there. Evan Nappen 29:59 What’s going to happen when it is just laser, and it can be endless? Just how much power. There won’t even be a capacity limit. It’ll just be limitless, essentially. Evan Nappen 30:13 I’m so. Sorry, my wife is always about the teleporter, where you won’t even need to load the mag. You’ll just point the gun and it’ll teleport the bullet into you, like. Evan Nappen 30:24 Oh, that sounds like a real accuracy improvement. Teddy Nappen 30:27 I know. So, again, technology will always progress more and more, and they will never be able to keep it. I can’t wait for the National Ray Gun Association. I think it was a Futurama joke. Evan Nappen 30:39 A National Ray Gun Association. That’s good. Evan Nappen 30:46 So, you know, one of the key things we like to do is have our listeners stay protected and not end up a GOFU. And unfortunately, GOFUs are Gun Owner Fuck Ups. They’re expensive lessons that you get to learn on the cheap. You get to learn for free, so you don’t commit the same error, the same fuck up. And so this week’s GOFU, something that, you know these come from actual cases, actual experience, actual folks that I’m representing. And it’s really a principle here today, and that is, don’t escalate the situation. Don’t be the person that initiates a problem that can be avoided. If you can avoid a conflict, you need to avoid the conflict. You cannot engage in a manner the way you used to, let’s say, before you were armed. Evan Nappen 31:56 Because you are armed, you’re essentially having to walk away. If something is just verbal, whatever, don’t escalate it. Don’t engage further. Because then what happens is you, as a gun owner, become the target of the law enforcement action, even though you weren’t the one who may have even initiated it. But if you escalated and went along with whatever this problem was that even got created or started by another person, you end up having to pay the price. I see this often where a law-abiding gun owner has an argument with somebody, and the law-abiding gun owner is in the right. The law-abiding gun owner doesn’t do anything wrong, but the other party somehow sees, notices, believes, thinks, that the gun owner has a gun, and then claims to the police that they saw the gun. You threatened them with the gun. They felt intimidated by the gun, whatever. Page – 9 – of 10 Evan Nappen 33:19 And it’s now escalated to where the gun owner gets charged with threatening, brandishing, whatever, and you just see it take off as an escalation. You need to learn to ignore all the jackasses that are out there that cause trouble, that act stupid. You have to take a different kind of attitude to ignore these people. Ignore them. Unless you are being threatened with serious bodily injury or death, where you have no other option, then ignore these people. Get away from these folks that are just trouble. Because if it comes around that you’re a gun owner, and there’s an issue, I see it. The tables turn on the gun owner all the time. Stay low key. Stay discreet. Don’t escalate. Stay away from these people that get law-abiding citizens into trouble because of the built in bias in the system against gun owners. Evan Nappen 33:42 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 34:25 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 10 – of 10 Downloadable PDF TranscriptGun Lawyer S3 E271_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Email Evan Your Comments and Questions  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

The Weekly Reload Podcast
Guns, Weed, and the Supreme Court (Ft. Reason's Jacob Sullum)

The Weekly Reload Podcast

Play Episode Listen Later Nov 10, 2025 46:02


This week, we're taking a closer look at US v. Hemani. Last week, we had Second Amendment scholar David Kopel on to discuss the big picture of the upcoming Supreme Court term. The week before that, we had gun-rights lawyer Alan Beck on the show to discuss his Supreme Court case, Wolford v. Lopez.  Now, we're looking at the other Second Amendment case with a man who has followed the issue at its center: Reason Magazine's Jacob Sullum. That issue? Marijuana users possessing firearms. Sullum explained that the federal ban on drug users owning guns potentially impacts millions of Americans. He noted it is rarely actually enforced, but he said the possibility hangs over people in nearly 40 states. He argued that's why Hemani's case could have huge implications nationwide. However, he noted Hemani's case is more complicated than a straightforward weed and guns prosecution. Even though the charge is only related to Hemani's marijuana use, Sullum said the government has accused him of much worse--including terror-related crimes. He said the crossover between drugs and guns could scramble the usual dynamics of the Court, but that's no guarantee. Special Guest: Jacob Sullum.

The Weekly Reload Podcast
Scholar Who Helped Shape SCOTUS View on Guns Dissects Its Latest 2A Cases

The Weekly Reload Podcast

Play Episode Listen Later Nov 3, 2025 50:43


This week, we're taking a big-picture view of the Supreme Court's upcoming slate of Second Amendment cases. That's because this slate will be the biggest yet. Now, sure, that still only means they have two Second Amendment claims to consider. But that's more than ever before, and it comes just a few months after many gun-rights activists thought the Court was wavering on the deciding key cases. So, to discuss what we should make of this Supreme Court term, we've got Independence Institute research director David Kopel back on the show. He is one of the leading scholars in the gun-rights movement, and his work helped develop and legitimize the individual right theory of the Second Amendment. He has been cited in numerous Supreme Court gun opinions and is an odd-on favorite to be quoted again this year. Kopel argued it is notable that the Supreme Court is taking up more Second Amendment cases than ever before. He said there are outcomes that could dramatically alter the legal landscape for gun-carry or people who smoke marijuana and own guns. However, he also noted that narrow rulings could still alter the course of Second Amendment caselaw, given the Court's infrequent involvement in the issue to date. Kopel said every word a Supreme Court justice utters or writes in the course of deciding these two cases will be pored over by the lower courts for years to come. Special Guest: David Kopel.

Dan Caplis
Chauncey Billups busted by FBI in rigged poker game scheme tied to mafia; Dave Kopel on gun rights for weed users

Dan Caplis

Play Episode Listen Later Oct 24, 2025 35:38 Transcription Available


Chauncey Billups is charged in a stunning FBI bust alleging he conspired with the mafia in a rigged poker game scheme designed to rip off players he lured into participating. Dan wonders how Chauncey got wrapped up with organized crime in the first place.David Kopel, Research Director for Independence Institute, joins Dan to discuss the implications of the U.S. Supreme Court taking up a case on whether individuals who regularly use marijuana can own guns. Supreme Court considers gun ownership for marijuana smokers | AP News

The Drew Mariani Show
Fr. Rocky on Holy Week and the Priesthood & Colorado Gun Law

The Drew Mariani Show

Play Episode Listen Later Apr 15, 2025 49:08


Hour 3 for 4/15/25 Drew was joined by Fr. Rocky to discuss Holy Week and the Priesthood (3:32). Topics: challenges of being a priest (12:51), Happy Easter greeting from a young listener (17:45), and perseverance in the priesthood (19:00). Then, David Kopel broke down the Colorado gun law (27:09), loopholes (40:23), language around guns (45:08), and school training (46:54). Link: David's Website

The Weekly Reload Podcast
Firearms Policy Scholar David Kopel on Fallout from the SCOTUS 'Ghost Gun' Ruling

The Weekly Reload Podcast

Play Episode Listen Later Mar 31, 2025 66:33


This week, we're taking a close look at the Supreme Court's ruling in Bondi v. VanDerStok. To do that, we have the Independence Institute's David Kopel on the show. Kopel has written extensively on gun policy and been cited repeatedly at the Supreme Court. So, there are few people better qualified to dissect what the VanDerStok ruling means. Kopel argued the decision upholding the ATF's "ghost gun" kit ban is relatively narrow, but still likely applies to more than just the Polymer80 "buy build shoot" kits discussed at length by the majority. He also explained why the majority decided the case as a facial challenge and why he, along with Justices Thomas and Alito, disagrees with the use of that standard. He said the Trump Administration could have tried to intervene in this case, but didn't move fast enough. However, he argued that it can still try to undo the rule despite the decision. Kopel also gave his view on where the balance of the court lies on gun issues and whether there's a reliable way to read what they might do with other pending gun cases. Get a 30-day free trial for a subscription to The Dispatch here: https://thedispatch.com/join-offer-reload/?utmsource=thereload&utmmedium=partnerships-podcast&utm_campaign=0125 Special Guest: David Kopel.

The Weekly Reload Podcast
What Will Trump's Executive Order on Guns Deliver? (Ft. David Kopel)

The Weekly Reload Podcast

Play Episode Listen Later Feb 17, 2025 53:25


President Donald Trump issued an executive order that reviews federal gun policy with the aim of implementing some changes. However, it's unclear exactly what changes might come from the order. So, we've got Second Amendment scholar David Kopel on the show to try and give some clarity to what's possible. Kopel walks through each section of the order and explains what kind of actions they could lead to. He notes the ATF rules are likely to be an area of emphasis and one that may have the biggest practical impact. Similarly, the rollback of the ATF's "zero tolerance" enforcement policy for gun dealers could be significant and happen much faster. He also explained how the order could lead to the Department of Justice changing its stance in Second Amendment litigation or reclassifying certain guns to make them easier to import. He said it could also do smaller things like revoke and respond to reports from the seemingly defunct White House Office of Gun Violence Prevention. Get a 30-day free trial for a subscription to The Dispatch here: https://thedispatch.com/join-offer-reload/?utmsource=thereload&utmmedium=partnerships-podcast&utm_campaign=0125 Special Guest: David Kopel.

The Weekly Reload Podcast
Gun Industry Trends at SHOT Show 2025 (Ft. The Humble Marksman)

The Weekly Reload Podcast

Play Episode Listen Later Feb 10, 2025 59:22


The gun industry just finished up its trade show in Las Vegas, Nevada. Even though I was in the Philippines with my fiance during the show this year, I wanted to make sure we all stayed updated on the big storylines of SHOT Show 2025. So, I invited one of the best gun reviewers out there to come on the show and give us his view from the floor. David Blanton is a competitive shooter turned gun reviewer who runs The Humble Marksman YouTube channel. He's been one of my favorite reviewers for a while now, and he was able to peruse the industry's latest offerings at SHOT. He gives insight into the major trends at this year's show, including integrated compensators and big company collaborations. He also shares the guns he handled that intrigued him the most. Then Blanton explained why he thinks longtime industry standard-bearer Glock is in danger of being left behind. We also discussed the troubling trend of companies releasing guns that aren't fully baked. I also talk to one of the folks that make this show possible in a Members' segment!

The Weekly Reload Podcast
Bruen Critic Law Professor Jake Charles Reacts to Rahimi Ruling

The Weekly Reload Podcast

Play Episode Listen Later Jul 8, 2024 47:25


In Rahimi, the Supreme Court recently handed down its first application of the Bruen test for Second Amendment cases. With the Court passing on new Second Amendment cases and remanding several in its final conference of the term, its opinion in Rahimi will be the thing most lower courts look to for guidance during at least the near future. That's why we had pro-gun scholar David Kopel on the show two weeks ago to give his interpretation of what the opinion means for future gun cases. It's also why we have Bruen critic and Pepperdine University law professor Jake Charles on the show this week to give his take. We think it's important to give you guys insight from several different perspectives on important developments like this. That way, you're best informed about what's going on and can make up your own mind. Like Kopel, Charles's writing seemed to have a direct impact on the Rahimi ruling itself. Charles has been critical of the Bruen test's reliance on analogizing historical laws to modern regulations since the Court handed it down back in 2022. One of his primary complaints is that the lack of a certain regulation for a societal issue faced during the Founding Era implies that regulation is unconstitutional under the Second Amendment. Some of the justices, including Amy Coney Barrett, appeared to agree with that critique in Rahimi. Charles also agreed with Justice Clarence Thomas on how the majority seemed to be rejecting the Bruen test--at least to some degree. But he wasn't sure how much of a seachange the ruling would create in the lower courts. And he argued the Court will probably have to take up more Second Amendment cases to answer many of the questions Rahimi left unanswered. Click this link for your free trial from our sponsor The Dispatch: https://thedispatch.com/join-offer-reload/?utmsource=newsletter&utmmedium=email&utm_campaign=reload0624 Special Guest: Jake Charles.

The Weekly Reload Podcast
2A Scholar David Kopel Reacts to Major Supreme Court Ruling

The Weekly Reload Podcast

Play Episode Listen Later Jun 24, 2024 46:12


The Supreme Court handed down its first Second Amendment ruling in two years on Friday. It's also the first case where The Court applied the test it developed in New York State Rifle and Pistol Association v. Bruen. Those facts alone mean US v. Rahimi will hold a great deal of influence on gun cases across the nation. So, we've got one of the top pro-gun scholars in the country on the show to break down what The Court did and didn't hold. Independence Institute's David Kopel has been at the forefront of the Second Amendment fight for decades, with citations in federal court decisions coast to coast and at the Supreme Court itself. He also filed a brief in Rahimi that appears to have significantly influenced the majority's thinking. Kopel lays out the good, bad, and ugly of the ruling that upheld the domestic violence restraining order gun ban. He said he wasn't surprised The Court upheld Rahimi's conviction, given a lower court found him dangerous. He also agreed with some of the warnings about how the majority loosened the standard for the Bruen test that Justice Clarance Thomas included in his lengthy dissent. However, Kopel said he was overall pleased with the Rahimi decision's outcome. He argued it gave credence to future challenges to the same law by defendants who don't have the same lengthy criminal record as Rahimi did. He also predicted how the case might impact other Second Amendment cases pending in the lower courts. Special Guest: David Kopel.

The Craig Silverman Show
Episode 199 - Dani Newsum

The Craig Silverman Show

Play Episode Listen Later Mar 2, 2024 112:39


Rundown -   Dani Newsum in Craig's Lawyers' Lounge - 12:34   Troubadour Dave Gunders - 01:40:38   "Billy B and the Fair Skinned Girl" by Dave Gunders - 01:44:34   Craig's Lawyers' Lounge opens wide to welcome Dani Newsum. She's a trained civil rights attorney, who spent decades as a formidable panelist on Colorado Inside Out where she often argued with Craig and David Kopel and many others. Dani can be feisty.   Nowadays, Dani Newsum is the director of strategic partnerships at Cobalt, a Colorado pro-abortion rights group that had a friendly split from NARAL Pro-Choice America in January 2020 to focus on state-level battles and reproductive rights advocacy within Colorado. OMG, the battles now, post-Dobbs.   Dani explains what Donald Trump has meant for female reproductive freedom and how Cobalt is fighting back with Ballot Initiative 89 which will place women's right to choose enshrined in Colorado's Constitution. https://coloradansforreproductivefreedom.com/   Dani Newsum was raised by the remarkable Fitzroy “Buck” Newsum who has a substantially correct Wikipedia page but for his birth date and the picture of him as a young airman. A decorated Tuskegee Airman, Colonel Newsum was a Congressional Gold Medal recipient. Dani's mom Joan is special too. https://en.wikipedia.org/wiki/Fitzroy_Newsum   Learn how Dani Newsum decided to be an attorney, and then a civil rights advocate. She attended Denver's Thomas Jefferson High School and then became a lawyer and a talk show host on 630 KHOW. Find out some behind-the-scenes' stories about Colorado Inside Out back in the day.   We discuss the awful decline of the Colorado Republican Party, as embodied by Lauren Boebert. We review the latest with respect to Colorado's embarrassment in Congress. The modern media and legal landscape gets reviewed. So does Dani's fascinating life story. https://images.app.goo.gl/FcHoTXxSgAbYkzh98   Show Troubadour Dave Gunders entertains with a song reminiscent of America's less-than-honest justice system given the recent MAGA-friendly delay moves made by the U.S. Supreme Court. In Billy B and the Fair Skinned Girl, the wise narrator sings a story of an unfair justice system. https://www.youtube.com/watch?v=hLoy0P2NdKo

The Weekly Reload Podcast
Gun Scholar David Kopel Explains SCOTUS Oral Arguments in Second Amendment Case

The Weekly Reload Podcast

Play Episode Listen Later Nov 13, 2023 73:21


The Supreme Court just finished oral arguments in its latest Second Amendment case. So, this week on the show, we've got scholar David Kopel with us to give his perspective on the arguments made and the questions asked by the Justices in United States v. Rahimi. Kopel was on the show about a month ago describing his brief in the case. And the issue in that brief came up in oral arguments. Kopel reacts to the discussion around the more problematic section of the federal law that bars those subject to domestic violence restraining orders from owning guns. He also gave his view on the government retreating from the idea that anyone who isn't "law-abiding" or "responsible" can be disarmed. Kopel said that retreat was significant and could have implications for other Second Amendment cases coming down the line. At the same time, he said Rahimi's lawyer had to make his own retreats and the Justices seemed unsympathetic to his overarching argument. Kopel predicted the Court would probably release its ruling before the summer and he expected it would uphold the ban. But he said the details of the ruling are harder to predict. Plus, Contributing Writer Jake Fogleman and I discuss the massive upswing in Israeli civilian gun ownership after the October 7th attacks. Special Guest: David Kopel.

The Weekly Reload Podcast
2A Scholar David Kopel on the Supreme Court's Latest Gun Case

The Weekly Reload Podcast

Play Episode Listen Later Oct 16, 2023 73:48


This week, we're turning our attention back to the Supreme Court. It is deciding the first gun case since its landmark decision last year. And we have one of the most influential Second Amendment scholars in the country on the show to discuss it. David Kopel joins the podcast to explain his amicus brief in United States v. Rahimi. He is one of the most accomplished scholars on the topic. His work has been cited in countless federal court decisions and all of the Supreme Court's major Second Amendment rulings. In Rahimi, Kopel argued the federal law barring those under domestic violence restraining orders from owning guns is unconstitutional. He said the problem lies in a provision that doesn't require any finding that the subject of the restraining order is dangerous. But he also noted the problem could be fixed with a single word being changed. He argued Rahimi is the kind of person who should be barred from owning guns. However, he said the law doesn't pass the Court's history and tradition test as it is currently written. Plus, Contributing Writer Jake Fogleman and I explain how Israel is loosening its gun laws in the wake of terror attacks. Special Guest: David Kopel.

The Weekly Reload Podcast
The Fate of 'Assault Weapons' Bans According to Gun-Rights Scholar David Kopel

The Weekly Reload Podcast

Play Episode Listen Later May 1, 2023 86:34


Another federal judge ruled on Friday that so-called assault weapons bans likely violate the Second Amendment. So, the Illinois ban is blocked for now. But Washington's was just signed. And Delaware's 2022 ban is still standing. Elsewhere, bans on the popular guns, including the AR-15, have been forestalled by political reality. Independence Institute's David Kopel understands the fight well having just gone through it in his home state of Colorado, where Democrats who control the government weren't able to push a ban over the finish line. But he has also filed many court briefs and written even more books or academic papers on the topic from a pro-gun point of view. He joins the show to discuss the political and legal landscape in the fight over assault weapons bans. What stopped Colorado's ban from going forward? Why has there been a sudden resurgence in blue states pushing for the bans? What is the legal argument against them? What is the state of the numerous lawsuits against AR-15 bans across the country? And, most importantly, will the Supreme Court take up an assault weapons ban case soon? If so, what are they likely to decide? Plus, Contributing Writer Jake Fogleman and I discuss the wide-reaching implications of the bump stock ban being stuck down by another federal appeals court. Special Guest: David Kopel.

Leland Conway
David Kopel, Independence Institute; Inalienable rights, Easter potatoes

Leland Conway

Play Episode Listen Later Apr 6, 2023 35:44


The George Show Podcast
Brauchler 3-9-23 9am

The George Show Podcast

Play Episode Listen Later Mar 9, 2023 43:04


If you make a dangerous product, should people be able to sue you if they get hurt?  Does it change your mind if I tell you we are talking about guns?   Jon Caldera fills in for George and welcomes Denver University Law Professor and 2nd Amendment expert, David Kopel to the show.  Kopel walks you through why suing gun manufactures for gun deaths is a really dumb idea and won't help anything.  See omnystudio.com/listener for privacy information.

The George Show Podcast
Brauchler 3-1-23 9 am

The George Show Podcast

Play Episode Listen Later Mar 1, 2023 43:12


We have 4 new gun bills making their way through the Colorado Legislature.  George welcomes 2nd amendment expert and DU law professor David Kopel to the show to discuss.  See omnystudio.com/listener for privacy information.

Leland Conway
David Kopel Of Independence Institute Talks Grab Of Our Guns, Dick Durbin Audio and more

Leland Conway

Play Episode Listen Later Jan 25, 2023 34:44


The George Show Podcast
Brauchler 1-12-23 9am

The George Show Podcast

Play Episode Listen Later Jan 12, 2023 42:37


Proposed Assault Weapons ban and concealed Classified documents.  Jimmy Sengenberger fills in for George.  He starts the hour with 2nd Amendment expert David Kopel to examine the wide-open language of the proposed Colorado Assault Weapons ban.  Then Jimmy speaks with David Harsanyi of the Federalist Society about a second group of Classified documents found in Biden's garage.  In the garage?  This is starting to sound like a Saturday Night Live skit.  See omnystudio.com/listener for privacy information.

Leland Conway
Assault Weapons, David Kopel and more

Leland Conway

Play Episode Listen Later Jul 25, 2022 32:38


Leland Conway
David Kopel American author, attorney and gun rights advocate Joins Leland

Leland Conway

Play Episode Listen Later Jul 25, 2022 17:19


Bearing Arms' Cam & Co
Law profs urge SCOTUS to overturn "assault weapons" ban

Bearing Arms' Cam & Co

Play Episode Listen Later Feb 24, 2022 29:46


A dozen legal scholars are part of an effort to overturn Maryland's ban on so-called assault weapons, and the Independence Institute's David Kopel, the main author of a new brief urging the Supreme Court to hear a challenge to the law, joins Cam to explain why history and precedent should compel justices to step in and grant cert.

Gun Freedom Radio
GunFreedomRadio EP372 History In Heels with Ashley Hlebinsky

Gun Freedom Radio

Play Episode Listen Later Feb 21, 2022 46:00


Our guest today is Ashley Hlebinsky. Ashley is one of the nation's foremost authorities on firearms history. She has served as both Curator of the Cody Firearms Museum (CFM) and Project Director for the museum's multimillion dollar renovation and her work fosters dialogue for a range of diverse audiences Ashley is a highly sought-after museum consultant, guest speaker, writer, expert witness in the US and Canada, and a television host and producer. 1) You are forever adding to the “hats” you wear, and the organizations you are connected with. In the past few months you began working with Walk The Talk America. And that connection began from a very personal place for you. Tell us about how this came about? 2) You have a couple of new projects in the works. You are currently in the process of founding the University of Wyoming Law School's Firearms Research Center with 2A scholars George Mocsary and David Kopel. What is the goal of this project? 3) You are also working with the LA Police Museum. Tell us about the scope and purpose of this project? 4) You will be one of our speakers for the 9th Annual Celebrate & Protect the 2nd Amendment Rally Event at the AZ State Capitol Building on Saturday, February 19th from 10:am – 2:pm. You are accustomed to taking deep dives into history and speaking to inspire and educate people – can you give a sneak peek into what you will be speaking on at the Rally?

The Drew Mariani Show
Gun Ownership and 2nd Amendment

The Drew Mariani Show

Play Episode Listen Later Nov 13, 2021 51:07


Hour 3 of The Drew Mariani Show on 11-12-21 David Kopel joins Drew to talk about firearm owner databases that are being compiled by the federal government All show notes at Gun Ownership and 2nd Amendment - This podcast produced by Relevant Radio

The Mike Slater Show
SCOTUS, Dred Scott & the 2nd Ammendment

The Mike Slater Show

Play Episode Listen Later Nov 5, 2021 37:03


Supreme Court is set to decide if Dred Scott should apply to all Americans on guns. We speak with David Kopel, Research Director of the Independence Institute & Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of Law.

We the People
Is NY's Concealed Carry Law Constitutional?

We the People

Play Episode Listen Later Oct 28, 2021 64:10


On November 3, the Supreme Court will hear oral arguments in New York State Rifle in Pistol Association Inc. V. Bruen. The case was brought by two men who were denied New York concealed carry permits along with New York's National Rifle Association affiliate against the superintendent of the New York State Police, Kevin Bruen. The lawsuit challenges New York's practice of only giving concealed carry permits—which allow owners to carry guns in public in a concealed manner—to those who can show that they have a special need to defend themselves.   On this week's episode, host Jeffrey Rosen is joined by two legal scholars who filed briefs on opposing sides of the case—Judge J. Michael Luttig who filed in support of Bruen, and David Kopel who filed in support of the New York State Rifle and Pistol Association. They detail the arguments they made in their briefs as well as what's at stake in this case, and debate whether text, history, and tradition do or do not support striking down the New York law. Additional resources and transcripts available at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

We The People
Is NY's Concealed Carry Law Constitutional?

We The People

Play Episode Listen Later Oct 28, 2021 64:10


On November 3, the Supreme Court will hear oral arguments in New York State Rifle in Pistol Association Inc. V. Bruen. The case was brought by two men who were denied New York concealed carry permits along with New York's National Rifle Association affiliate against the superintendent of the New York State Police, Kevin Bruen. The lawsuit challenges New York's practice of only giving concealed carry permits—which allow owners to carry guns in public in a concealed manner—to those who can show that they have a special need to defend themselves.   On this week's episode, host Jeffrey Rosen is joined by two legal scholars who filed briefs on opposing sides of the case—Judge J. Michael Luttig who filed in support of Bruen, and David Kopel who filed in support of the New York State Rifle and Pistol Association. They detail the arguments they made in their briefs as well as what's at stake in this case, and debate whether text, history, and tradition do or do not support striking down the New York law. Additional resources and transcripts available at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Open to Debate
America's Guns

Open to Debate

Play Episode Listen Later Aug 13, 2021 50:04


Gun violence is surging. Despite lockdowns and social distancing, 2020 ended up as one of America's most violent years in decades. 2021 is following a similar path. Meanwhile, President Joe Biden has laid out his strategy. In this special debate, we review three gun debates that still have relevance today.    1.) The Constitutional Right To Bear Arms Has Outlived Its Usefulness (Sanford Levinson of  University of Texas Law School and David Kopel of Cato Institute)  2. Guns Reduce Crime (John Lott, economist, and former Seattle Police Chief Gil  Kerlikowske)  3. Unresolved American Policing (Paul Butler, Jason Johnson, Rafael Mangual, Sue  Rahr, Vikrant Reddy)  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Steffan Tubbs Show Podcast
Randy for Steffan 6.30.21 Hr 2

The Steffan Tubbs Show Podcast

Play Episode Listen Later Jul 1, 2021 41:50


Randy in for Steffan talking to David Kopel from The Independence Institute about the 2nd amendment and attempts to pass gun laws in light of recent shootings in Colorado and beyond.   See omnystudio.com/listener for privacy information.

Wake Up with Randy Corporon
Randy for Steffan 6.30.21 Hr 2

Wake Up with Randy Corporon

Play Episode Listen Later Jul 1, 2021 41:50


Randy is joined by David Kopel from The Independence Institute to talk about the 2nd amendment and efforts to pass more restrictive gun laws See omnystudio.com/listener for privacy information.

The Drew Mariani Show
Federal judge strikes CA ban on Guns and Gun laws; Scientists Working on Embryos

The Drew Mariani Show

Play Episode Listen Later Jun 7, 2021 51:12


Hour 3 for 6-7-2021. David Kopel joins the show to talk about a California ban on guns, that was struck down in court and about gun laws in general. The issue of more time given to scientists to work on embryos and the ethics of working on embryos is discussed with Fr. Tad Pacholczyk of […] All show notes at Federal judge strikes CA ban on Guns and Gun laws; Scientists Working on Embryos - This podcast produced by Relevant Radio

Short Circuit
Short Circuit 174 | The Right to “Bear” Arms

Short Circuit

Play Episode Listen Later May 21, 2021 41:41


Second Amendment scholar David Kopel sits down with us to set the stage for a big issue we’ll hear a lot about over the next year: What “keep and bear arms” means outside of the home. Whether it’s conceal carry or open carry, does the Constitution protect that right, and if so, how? There’s a case at the Supreme Court from the Second Circuit challenging New York’s conceal carry law, and another case waiting in the wings from the Ninth Circuit. We get into some history, some legal tactics, and some judicial speculation—although only of a healthy kind. Transcript forthcoming. New York State Rifle & Pistol Assoc. v. Corlett (cert petition), https://www.supremecourt.gov/DocketPDF/20/20-843/164031/20201217110211298_2020-12-17%20NRA-Corlett%20Cert%20Petition%20FINAL.pdf Young v. Hawaii, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/03/24/12-17808.pdf Errors of Omission, https://www.illinoislawreview.org/online/errors-of-omission/ David Kopel, https://davekopel.org/ Anthony Sanders, https://ij.org/staff/asanders/ iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019 Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a Newsletter: ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org

Did That Really Happen?

Today we're traveling to Nixon's America with Dick! Join us for a discussion of Checkers and other presidential dogs, Rose Mary Woods, "win a date with. . . " contests, as well as a fun digression into what exactly counts as a "lifetime supply" of tampons. Sources: Win a Date With. . .  Alanna Nash, "My Date WIth Davy Jones," Rolling Stone (8 March 2012). https://www.rollingstone.com/music/music-news/my-date-with-davy-jones-113220/amp/ Sharon Marcus, "Intimacy," The Drama of Celebrity (Princeton University Press, 2019). https://www.jstor.org/stable/j.ctvc772z0.7 Perry Nodelman, "Teaching Girls about Men: Attitudes Toward Maleness in Teen Magazines," Studies in Popular Culture 9:1 (1986): 103-118. https://www.jstor.org/stable/23412904 Melissa Loseby, "That time I entered a contest to win a date with John Stamos," HelloGiggles (13 October 2016). https://hellogiggles.com/lifestyle/nostalgia/win-a-date-with-john-stamos/ Alison Martino, "KHJ, L.A.'s Coolest AM Radio Station, Is Basically a Background Actor in "Once Upon a Time in Hollywood"" Los Angeles Magazine (29 July 2019). https://www.lamag.com/culturefiles/khj-radio-once-upon-a-time-in-hollywood/ Checkers: David Williams, "Inappropriate/d Others or, The Difficulty of Being a Dog," TDR 51:1 (Spring 2007): 92-118. https://www.jstor.org/stable/4492737 Diana C. Mutz, "The Dog that Didn't Bark: the Role of Canines in the 2008 Campaign," PS: Political Science and Politics 43:4 (October 2010): 707-712. https://www.jstor.org/stable/40927039 Thomas Hauser, Thomas Hauser on Sports: Remembering the Journey (University of Arkansas Press, 2013). https://doi.org/10.2307/j.ctt1ffjhwf.21 Aram Goudsouzian, "The Loser," The Men and the Moment: The Election of 1968 and the Rise of Partisan Politics in America p. 15-28 (University of North Carolina Press, 2019). https://www.jstor.org/stable/10.5149/9781469651118_goudsouzian Joshua M. Glasser, The Eighteen-Day Running Mate: McGovern, Eagleton, and a Campaign in Crisis (Yale University Press, 2012). https://www.jstor.org/stable/j.ctt5vkqgb.18 Stephen F. Knott, "The Road to Degradation," The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal p.175-205 (University Press of Kansas, 2019). https://doi.org/10.2307/j.ctvxbpfcr.12 Ann-Janine Morey, "The Gaze Outside the Frame," Picturing Dogs, Seeing Ourselves: Vintage American Photographs p.77-102 (Penn State University Press, 2014). https://doi.org/10.5325/j.ctv14gp9pj.8 Rick Perlstein (ed.), "The "Checkers Speech" (September 23, 1952)" Richard Nixon: Speeches, Writings, Documents (Princeton University Press, 2008). https://www.jstor.org/stable/j.ctt7sg9w.12 "Nixon's dogs" picture https://obamawhitehouse.archives.gov/photos-and-video/photos/nixons-dogs "Top Dogs at the White House" https://www.whitehousehistory.org/white-house-pets/top-dogs-at-the-white-house Laddie Boy picture: https://library.whitehousehistory.org/fotoweb/cache/5017/Main%20Index/Events/1603.t56d0927d.m1200.tif.pv.xHdx6j-_JGIfu6T1n.jpg Yuki picture: https://library.whitehousehistory.org/fotoweb/cache/5017/Main%20Index/Presidents/Lyndon%20B%20Johnson/1198.t578cd2a1.m1200.tif.pv.x6gXmPhumm5B2GOwx.jpg Timeline of the Watergate Scandal https://en.wikipedia.org/wiki/Timeline_of_the_Watergate_scandal IMDB https://www.imdb.com/title/tt0144168/?ref_=fn_al_tt_1 The 18 1/2 Minute Gap: Alison Lynn and Lauren Effron, "The Watergate Tapes' Infamous 18.5 Minute Gap and Nixon Secretary's Unusual Explanation for It." ABC News. Available at https://abcnews.go.com/Politics/watergate-tapes-infamous-185-minute-gap-nixons-secretarys/story?id=47926329 Photo of Rose Mary Woods, The Watergate Files, Gerald R Ford Presidential Library. Available at https://www.fordlibrarymuseum.gov/museum/exhibits/watergate_files/content.php?section=3&page=a&zoom=2 David Kopel, "The Missing 18 1/2 Minutes: Presidential Destruction of Incriminating Evidence," Washington Post. Available at https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/16/the-missing-18-12-minutes-presidential-destruction-of-incriminating-evidence/ Rose Mary Woods: Francis Wilkinson, "Nixon's Real Enforcer," New York Times Magazine. Available at https://www.nytimes.com/2005/12/25/magazine/nixons-real-enforcer.html Film Background: Sharon Waxman, "Generation X's Tricky Dick," Washington Post, available at https://www.washingtonpost.com/archive/lifestyle/style/1999/08/01/generation-xs-tricky-dick/b5b70d4d-b50d-453d-b9ef-ea3af28dacac/ Dick, IMDB: https://www.imdb.com/title/tt0144168/?ref_=fn_al_tt_1 Woodward and Bernstein: Todd S. Purdum, "Three Decades Later, "Woodstein" Takes a Victory Lap," New York Times, 2005, available at https://www.nytimes.com/2005/06/03/politics/three-decades-later-woodstein-takes-a-victory-lap.html  

Constitutional Chats hosted by Janine Turner and Cathy Gillespie
Bill of Rights & YOU! Second Amendment (w/ Professor David Kopel)

Constitutional Chats hosted by Janine Turner and Cathy Gillespie

Play Episode Listen Later Nov 2, 2020 62:20


What does it mean when the Second Amendment states, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,” also known as the right to bear arms? In part 4 of our “Bill of Rights & YOU!” series, Janine Turner, Cathy Gillespie, and students Tova Love Kaplan and Dakare Chatman interview Professor David Kopel on the right of citizens to self-defense and protection, the purpose and role of a militia, and the Constitution and the Second Amendment as anti-tyranny  documents. Livestreamed on 10/27/2020. Sign up for our next Constitutional Chat via Zoom at https://www.constitutingamerica.org

The Craig Silverman Show
Episode 17 - Electoral College

The Craig Silverman Show

Play Episode Listen Later Oct 24, 2020 158:43


Electoral College. It is odd the way we elect the President in America. Colorado's voting right now on Prop 13 -- the National Popular Vote.  Craig's Lawyers' Lounge welcomes proponents and opponents.   First is Jesse Wegman, attorney/author of Let the People Pick the President: The Case for Abolishing the Electoral College. Jesse is also on the editorial board of the New York Times and contributed a dynamite column, The Radicalizer in Chief, which was part of the Times' Sunday Feature, End Our National Crisis.   Bernard Goldberg is a renowned 14-time Emmy winner as journalist/broadcaster for CBS News, Fox News, and HBO.  Bernie recounts when Trump called him at home just to chat about the presidency. Check out www.bernardgoldberg.com and this dynamite interview about Bernie's mother's Denver, Colorado roots.   Colorado Inside Out star David Kopel is fired up and ready to go in an election year return to Craig's Lawyers' Lounge.  David touts the benefits of voting for Colorado Props 116 and 117.  Professor Kopel is opposed though to Prop 113, the National Popular Vote, and he is not shy in telling us why.   We've got plenty of Trump-Biden debate analysis. We discuss what and who to vote for, and why. The ballot is easy for me in 2020. It's simple man. I'm not voting in 2020 for any member of Trump's party.  Our Troubadour Dave Gunders feels similarly and gives us his beautiful song titled, Simple Man. Enjoy.   Rundown- Jesse Wegman in Craig's Lawyers' Lounge - 00:01:45 Bernard Goldberg - 00:47:55 David Kopel in Craig's Lawyers' Lounge - 01:40:19 Dave Gunders - 02:30:54

Loving Liberty Radio Network
The Bryan Hyde Show hour one 9-23-2020

Loving Liberty Radio Network

Play Episode Listen Later Sep 23, 2020 42:41


The political chest-beating regarding Ruth Bader Ginsburg's passing and replacing her on the Supreme Court is unsettling, to put it mildly. Dan Sanchez says it tells us a lot about America's political future. Like everything that becomes politicized, capitalism is poorly understood by many. Kent McManigal has a concise and accurate take on the pros and cons of the free market. Have you tried to buy a gun or ammo lately? It's getting harder than Chinese arithmetic. David Kopel has a powerful historical reminder that gun control puts your life at risk in ways that may not be immediately apparent. Learn from history. Don't repeat it. Subscribe to the podcast Become a WrongThinker Patron Sponsors: Fire Steel The Staples Turner team at Patriot Home Mortgage Jeff Staples Real Estate Nicky's Wholesale Food Warehouse --- Support this podcast: https://anchor.fm/loving-liberty/support

Constitutional Chats hosted by Janine Turner and Cathy Gillespie
The Difficulties of Convention: Federalist Paper #37 (w/ Professor David Kopel)

Constitutional Chats hosted by Janine Turner and Cathy Gillespie

Play Episode Listen Later Jun 10, 2020 57:12


How Federalist 37 explained the intent of the Constitutional Convention to set aside differences to create a framework for a stable American government! Actress Janine Turner, Cathy Gillespie, and Constituting America Student Ambassadors Tova Love Kaplan and Dakare Chatman interview Professor David Kopel on Federalist Paper #37 (written by James Madison)

We The People
“Faithless Electors” Supreme Court Argument Recap

We The People

Play Episode Listen Later May 22, 2020 57:46


Last week, the Supreme Court heard oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. On this week’s episode we’re sharing the recap for the cases Colorado Dept. of State v. Baca and Chiafalo v. Washington, about "faithless electors" and the electoral college. Those cases ask whether states can penalize or remove a presidential elector because they refused to vote for the candidate who won their state's popular vote. Host Jeffrey Rosen was joined by David Kopel, the research director of the Independence Institute who wrote a brief in support of the “faithless electors,” and Paul Smith, vice president of litigation and strategy at the Campaign Legal Center who wrote a brief in support of the states. Hear more argument recaps on We the People and our companion podcast, Live at the National Constitution Center. This week’s episode of Live at the National Constitution Center features the argument recap of the cases asking whether President Trump must release financial records to House committees and prosecutors, and you can listen to that here. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

We the People
“Faithless Electors” Supreme Court Argument Recap

We the People

Play Episode Listen Later May 21, 2020 57:46


Last week, the Supreme Court heard oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. On this week’s episode we’re sharing the recap for the cases Colorado Dept. of State v. Baca and Chiafalo v. Washington, about "faithless electors" and the electoral college. Those cases ask whether states can penalize or remove a presidential elector because they refused to vote for the candidate who won their state's popular vote. Host Jeffrey Rosen was joined by David Kopel, the research director of the Independence Institute who wrote a brief in support of the “faithless electors,” and Paul Smith, vice president of litigation and strategy at the Campaign Legal Center who wrote a brief in support of the states. Hear more argument recaps on We the People and our companion podcast, Live at the National Constitution Center. This week’s episode of Live at the National Constitution Center features the argument recap of the cases asking whether President Trump must release financial records to House committees and prosecutors, and you can listen to that here. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Bearing Arms' Cam & Co
Gun Rights, Emergencies, and Petty Tyrants

Bearing Arms' Cam & Co

Play Episode Listen Later Apr 15, 2020 29:25


David Kopel, research director at the Independence Institute and a longtime Second Amendment scholar, attorney, and advocate joins Cam to talk about the history of the gun control movement, and why anti-gun activists are so terrified of the number of Americans exercising their right to keep and bear arms for the very first time.

Bearing Arms' Cam & Co
Dems Reveal Contempt For Second Amendment At 'Gun Violence' Forum

Bearing Arms' Cam & Co

Play Episode Listen Later Oct 3, 2019 18:35


It was billed as a forum on "gun violence," but it turned into an hours-long rally for gun control that highlighted the contempt many of the Democrats running for president have toward the Second Amendment. Cam breaks down the highlights (or lowlights) and talks with David Kopel, research director of the Independence Institute, about the constitutionality of the plans of the anti-gun candidates.

Dan Caplis
190607 David Kopel on amicus brief on behalf of CO sheriffs against magazine ban

Dan Caplis

Play Episode Listen Later Jun 7, 2019 16:46


Cato Daily Podcast
How Governments Seize Guns with 'Red Flag Laws'

Cato Daily Podcast

Play Episode Listen Later Apr 8, 2019 8:16


Red flag laws are aimed at getting guns away from people who are at risk of suicide or crime. David Kopel explains the due process implications of these preemptive gun seizures.Related testimony: "Red Flag Laws: Examining Guidelines for State Action." See acast.com/privacy for privacy and opt-out information.

Peter Boyles Show Podcast
Red Flag Warnings - Feb 27, 2019 - Hr 4

Peter Boyles Show Podcast

Play Episode Listen Later Feb 27, 2019 54:59


David Kopel on the new Red Flag LawSee omnystudio.com/listener for privacy information.

Colorado Inside Out
January 11th, 2019

Colorado Inside Out

Play Episode Listen Later Jan 11, 2019 28:00


Stock Show kicks off, Gov. Jared Polis' first State of the State, more legislative vacancy appointees named, state GOP chair steps down. Hosted by Dominic Dezzutti and the panel includes Patricia Calhoun, David Kopel, Eric Sondermann and Natasha Gardner.

The Steffan Tubbs Show Podcast
The Steffan Tubbs Show - February 22nd, 2018 Hour 2

The Steffan Tubbs Show Podcast

Play Episode Listen Later Feb 23, 2018 53:36


Craig takes listeners call on President Trump’s remarks on arming qualified school teachers. Then, Craig speaks with David Kopel from the Independence Institute on gun control.See omnystudio.com/listener for privacy information.

Free Thoughts
Guns and Mass Shootings

Free Thoughts

Play Episode Listen Later Jan 4, 2018 51:14


David Kopel joins us again to discuss firearms, gun violence, mass shootings, and whether a gun-free America is possible or desirable. Are there more mass shootings than ever before? What, if anything, can be done about them?We also discuss the differences between mass shootings and spree killings, popular gun control methods in other countries around the world, the definition of an “assault weapon,” gun storage and safety, and we debunk common myths about gun ownership.Show Notes and Further ReadingDavid B. Kopel, The Truth About Gun Control (2013)John R. Lott, Jr., More Guns, Less Crime: Understanding Crime and Gun Control Laws (2010)Other Free Thoughts episodes on guns, gun control, and the Second Amendment:“The Right to Keep and Bear Arms” with David B. Kopel“The Second Amendment at the Supreme Court” with Alan Gura See acast.com/privacy for privacy and opt-out information.

Weekly Appellate Report
58: Evolving First and Second Amendments

Weekly Appellate Report

Play Episode Listen Later Aug 30, 2017 57:41


Paul Levy (Public Citizen) says the 1DCA should have placed a higher burden on defamation plaintiffs seeking identities of anonymous online reviewers in 'ZL Technologies v. Doe'; David Kopel unpacks a D.C. Circuit gun ruling striking down 'good cause' requirements for public carry permits not unlike those approved of recently by the 9th Circuit. Original airdate: July 28, 2017

SCOTUScast
Voisine v. United States - Post-Decision SCOTUScast

SCOTUScast

Play Episode Listen Later Aug 18, 2016 12:46


On June 27, 2016, the Supreme Court decided Voisine v. United States. Stephen Voisine was convicted in 2003 of assaulting a woman with whom he was in a domestic relationship--a misdemeanor violation of a Maine statute. In 2009 Voisine turned a rifle over to federal officials who were investigating him for a separate alleged crime. When investigators discovered Voisine’s 2003 misdemeanor assault, they charged him under 18 U.S.C. § 922(g)(9), which makes it a federal crime for a person “who has been convicted in any court of a misdemeanor crime of domestic violence” to “possess in or affecting commerce[] any firearm or ammunition.” In turn, a "misdemeanor crime of domestic violence" is defined in § 921(a)(33)(A) as an offense that (1) is a misdemeanor under federal, state, or tribal law, and (2) “has, as an element, the use or attempted use of physical force … committed by a current or former spouse, parent, or guardian of the victim” or by a person in a similar domestic relationship with the victim. -- Voisine challenged the § 922(g)(9) charge, arguing that under his Maine conviction offensive physical contact, as opposed to one causing bodily injury, was not a “use of physical force” and thus not a “misdemeanor crime of domestic violence” within the meaning of § 921(a)(33)(A). The district court rejected this argument and Voisine pled guilty on condition that he be able to appeal the court’s ruling. The U.S. Court of Appeals for the First Circuit affirmed the district court’s judgment, but the Supreme Court subsequently granted Voisine’s petition for certiorari, vacated the First Circuit’s judgment, and remanded the case for reconsideration in light of the intervening 2014 Supreme Court decision United States v. Castleman. That decision held the requirement of “physical force” satisfied, for purposes of § 922(g)(9), by the degree of force that supports a common-law battery conviction--but it did not resolve whether a conviction with the mens rea of reckless--as under the Maine statute--would qualify. On remand, the First Circuit again rejected Voisine’s challenge and held that his Maine conviction qualified as a “misdemeanor crime of domestic violence.” -- The Supreme Court again granted certiorari, and affirmed the judgment of the First Circuit by a vote of 6-2. Justice Kagan delivered the opinion of the Court, which held that a reckless domestic assault qualifies as a "misdemeanor crime of domestic violence" that prohibits firearms possession by convicted felons under 18 U.S.C. § 922(g)(9). The majority opinion was joined by the Chief Justice and Justices Kennedy, Ginsburg, Breyer, and Alito. Justice Thomas filed a dissenting opinion, in which Justice Sotomayor joined as to Parts I and II. -- To discuss the case, we have David Kopel, who is Adjunct Professor at University of Denver, Sturm College of Law.

Your Weekly Constitutional
Second Amendment Update, 2016

Your Weekly Constitutional

Play Episode Listen Later Feb 26, 2016 54:08


It's been six years since the Supreme Court has ruled on a Second Amendment case. What's up with that? Plenty, it turns out. This week, Stewart speaks with two experts on the Second Amendment, law professor Adam Winkler of UCLA, and gun rights advocate David Kopel from the Cato Institute.

Free Thoughts
The Right to Keep and Bear Arms

Free Thoughts

Play Episode Listen Later Sep 28, 2014 57:14


David Kopel joins us this week for a discussion on the Second Amendment to the U.S. Constitution: the right to keep and bear firearms. Aaron and Trevor introduce the debate over gun rights in America today by asking questions: Why allow people to own guns at all? Aren’t we past that point as a civilization? Does having more guns around actually reduce crime? How many crimes each year are stopped by guns…and how many don’t occur in the first place because criminals think their victims could have guns? Is it worth the risk to have guns in the home? Are public health concerns about gun ownership well-founded? Assault weapons—what are they and why do American gun control groups want to ban them in particular? And if the Second Amendment gives us the right to keep and bear arms, what’s to stop an individual from owning something like a tank or a personal rocket launcher?Show Notes and Further ReadingDavid B. Kopel, The Truth About Gun Control (book)John R. Lott, Jr., More Guns, Less Crime: Understanding Crime and Gun Control Laws (book) See acast.com/privacy for privacy and opt-out information.

Lock N Load with Bill Frady podcast
Lock N Load with Bill Frady Ep 412

Lock N Load with Bill Frady podcast

Play Episode Listen Later Feb 7, 2014 180:02


Home carry is good-Home carry with situational awareness is better,If you pull your gun in self defense but don't fire should you call LE or not?,All these states that move to nullify would be better served in a concerted effort,What does it mean that there is a right to "bear" guns,David Kopel on the Colorado lawsuit,In SC permitless carry is still on the table, An hour with National Gun Rights Examiner David Codrea.

Open to Debate
Has The Constitutional Right To Bear Arms Outlived Its Usefulness?

Open to Debate

Play Episode Listen Later Nov 21, 2013 52:41


Recent mass shooting tragedies have renewed the national debate over the 2nd Amendment. Gun ownership and homicide rates are higher in the U.S. than in any other developed nation, but gun violence has decreased over the last two decades even as gun ownership may be increasing. Over 200 years have passed since James Madison introduced the Bill of Rights, the country has changed, and so have its guns. Is the right to bear arms now at odds with the common good, or is it as necessary today as it was in 1789? The debaters are Alan Dershowitz, David Kopel, Sanford Levinson, and Eugene Volokh. Learn more about your ad choices. Visit megaphone.fm/adchoices

Faculty Division Bookshelf
Firearms Law and the Second Amendment - Faculty Book Podcast

Faculty Division Bookshelf

Play Episode Listen Later Aug 8, 2012 34:03


This podcast discusses Firearms Law and the Second Amendment: Regulation, Rights and Policy by authors Nicholas Johnson, David Kopel, George Mocsary and Michael O'Shea. -- Firearms Law provides a comprehensive overview of the constitutional right to private firearms, the first traditional casebook on the subject, covering the history and development of the constitutional right to keep and bear arms, and all aspects of firearms law, policy and regulations. The book serves as a starting point for discussion of contemporary gun-law issues raised by the Supreme Court’s 2008 ruling in District of Columbia v. Heller that invalidated a law banning handgun possession in Washington, DC and in its 2010 ruling in McDonald v. Chicago, which extended that right to constrain state action. -- Authors Nicholas Johnson, a Professor at Fordham University School of Law, and Michael O’Shea, a Professor at Oklahoma City University School of Law, are joined by commentator Adam Winkler, a Professor at the UCLA School of Law, to discuss the book.

Lawyer 2 Lawyer -  Law News and Legal Topics

Coast to Coast with Robert Ambrogi and J. Craig Williams sparks a rapid-fire discussion about the new law that shields gunmakers from crime victim lawsuits, called The Protection of Lawful Commerce in Arms. Our special guests are Josh Horowitz, Exec. Dir., the Coalition to Stop Gun Violence, David Kopel, Research Dir., Independence Institute and editor-in-chief, Journal on Firearms & Public Policy and Professor Eugene Volokh from the UCLA School of Law whose blog is The Volokh Conspiracy.