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The magazine ban attempts to divorce today’s common arms of law-abiding citizens from today’s common arms of law enforcement officers, including sheriffs and their deputies. The divorce, contrary to the wishes of both parties, endangers citizens and officers alike.

The arms of ordinary law enforcement officers are carefully selected for only one purpose: lawful defense of innocents in civil society. Throughout American history, many citizens have looked to law enforcement for guidance in choosing arms for the same purpose. Denying those arms to citizens and to retired law enforcement officers  endangers them for the same reasons that denying these arms to active law enforcement officers would endanger them. The most important reason is the necessity of reserve capacity, as detailed in Part II.

More fundamentally, the magazine ban violates the principles of our Constitution and of American law enforcement. Policing by consent is the American value, not militarized occupation from above.

The magazine ban is based on the sponsors’ repeated claim that the “one purpose” of magazines over 15 rounds is “to kill large numbers of people quickly.” This false characterization was never challenged by any legislator who voted for the bill. The pernicious notion that Colorado law enforcement officers routinely carry arms for the “one purpose” of mass killing creates a false division between officers and the citizens whom they serve. The notion reduces citizen cooperation with officers, and also endangers officers.

— David Kopel in Law Enforcement Officers Are Part of “The People,” Not Above Them

83 COMMENTS

      • Just a bit of sarcasm.

        Law enforcement at all levels are citizens. Mr. Kopel points out LEO’s have been considered separate from the people and should not be, ever.

        • actually a mag limit for cops might be a good idea…believe the term “mag dump” originated with them….

  1. “one purpose” of magazines over 15 rounds is “to kill large numbers of people quickly.

    Yet it is among the rarest tools used in the commission of intentional homicide…

    • They also allow “bad shots” the ability to defend themselves longer… 🙂

      And, of course, the magazine is irrelevant: It’s the bullets, stupid. i imagine if I have 50, or a hundred in my pocket, I’m still dangerous against a crowd primarily made up of rabiit people.

      • People die in mass shootings not because of the magazine capacity held by the shooter, but because they’re unarmed. Just one armed person in that Maine bowling alley could have stopped the psycho. Two would have been better. But it would have been best if everyone was armed.

  2. The contradictory dichotomy of ACAB and “only ones” thinking is always a hoot.

    Just as is the dichotomy of “back the blue” and being against statists.

    Everybody loves their armed civvi paramilitary force when they think it’s on their side but the only side that force has ever been on is it’s own pension ans benefits with a little dopamine pump from the aw-thor-A-tay.

  3. Sheltered david kopel must not know demoCrap related crime is to the point of needing 100 round drums for a G3C.

  4. Kopel needs an enema.

    The idea if you have to go into “battle” is to have superior firepower.

    • Maybe my ability to comprehend reading material is different from others. I don’t see anything written here by Kopel that indicates he is in favor of magazines of any capacity. Re-read the second paragraph…

      I doubt Kopel wrote the headline of the article, nor agrees with the notion that citizens should have round limits to their magazines.

  5. While this comment is not directly related to this article it is related to the hypocrisy of people in power. One of the best current examples is the Israeli Palestinian conflict. Some people are concerned about the number of Palestinian deaths and conveniently ignore important facts. One, it was the Palestinians who attacked civilians as opposed to military targets killing everyone they could get their hands on regardless of age or gender. Most of the Palestinian civilian deaths are due to being used as human shields and not being allowed to leave by Hamas. So we hear people all over the world condeming the Israeli’s for defending themselves but where are the voices for the 100,000 Americans who died from fentanyl, the Ukranian and Russians military and civilians who have and are dying in that conflict, the people who died from Chinese Covid released on the world, the millions of people being trafficked by the human traffickers and all the people being killed by the drug cartels. So you see the hypocrisy here. We only focus on what the hypocrite politicians, bigots, reverse racists and basically corrupted people think is important not the real situations or ones that really count. Today lying is the new truth and hypocrisy rules the day because people are too stupid to think for themselves and make judgements on what they see happening rather than listening to the corrupt media and propaganda spewed for political purposes. In case you haven’t noticed most of the leftist media articles don’t have a comment section because they don’t want others to read your rebuttals to their illogic and lies.

    • Back in elementary school we had a fellow classmate who outweighed most of the rest of us and had 6 inches on us by 4th grade. He also appointed himself the class bully and enforcer of his own rules. One particular day a number of us smaller kids decided our shit-o-meters were on full and beat the absolute tar out of him. His mom showed up the next day and wanted five of us expelled because although she knew he was a complete ass, it wasn’t fair for us to gang up on poor little “Hamas”, oops, I meant Thomas… if I remember correctly their last name was something like “UN” , although it was a long time ago.
      Or was it ?

  6. We get whatever they get. Democrats love creating second-class citizens.

    Speaking of Colorado, will some libertarians will be voting for RFK Jr?

  7. This is entirely against the country envisioned by our founders. It was the people who were to protect the republic. The progressive movement of the late 1800’s saw the rise of thinking of elite government professionals to replace the people to enforce the ever increasing absurd laws to control the people who are not to be trusted. The passage of prohibition by progressive fanatics restricting people’s recreational freedoms saw the rise of lawlessness and a federal government police state to combat it. The left has created a professional paramilitary to enforce their edicts whom they now fear. What idiots!!!

    • Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace.

      – James Madison

    • The passage of prohibition by progressive fanatics restricting people’s recreational freedoms saw the rise of lawlessness and a federal government police state to combat it. The left has created a professional paramilitary to enforce their edicts whom they now fear…

      Birth of the FBI and ATF (among others) come to mind as a direct result of Prohibition
      Notice how neither went away after Prohibition was repelled

  8. I laugh at these magazine capacity rules. My EDC has 23 rounds in it. And that’s the factory standard capacity, not an extended mag. The south is the place to be if you are a 2nd amendment supporter. Down here, guns are part of the culture and we aren’t going to give that up.

    • Shall I predict how dacian and miner will describe your culture? Words such as fear, oppression, slavery, bigotry, and racism will be used.

    • The Northeast except for NH and Maine have all banned the black rifles and and hi-cap mags. just disgusting!!!

  9. Magazine limits. or any other forms of “gun control” have nothing to do with safety. The politicians and their gun controller allies just want the agents of the state having guns, because they loathe and fear the People. They fear an uprising against their bullsh* communism, so the agents of the state need the “firepower” to put it down.

    “Gun control” is nothing but a power play.

    • They also like sticking it to the manufacturers and “gun nuts.” Stuff like this increases the cost because manufacturers make the same gun and associated magazines multiple ways so they’re compliant with the various arbitrary rules. Now, instead of offering the same gun with 10 or 17, etc. round magazines, they have to offer a 15 round magazine version as well.

  10. First they are arguing the number of rounds in a ‘detachable’ magazine, that doesn’t solve the problem. Second ban all weapons with ‘detachable’ magazines, still won’t solve the problem. Third ban all weapons, etc., etc.. I read somewhere China chains their knives so they don’t walk off and cut someone (still happens). BTW didn’t Cane use a rock to take out his brother Able?, just saying…

    • Kopel: Why Does Colorado Allow Law Enforcement to Carry the Tools of Mass Killers?

      “Kopel” contends: Law Enforcement Carries The Tools of Mass Killers. Words like Tools of Mass Killers paints a picture of david kopel’s views. Ask david kopel where he picked up that line of drama queen Gun Control crap or did he concoct it all by his lonesome? Until he makes his intentions clear kopel speaks with forked tounge.

        • L3ftists are not known for their sense of humor. To them humor and satire are criticisms against The Party and it’s members and are considered anti-state activities.

  11. Seems a lot of people are misunderstanding Kopel’s argument. He’s one of the good guys. He’s not suggesting cops or average Joes shouldn’t be allowed to carry more than 15 rounds: he’s pointing out the disconnect between people who say civvies like us should be limited while at the same permitting police 30 round mags. If the purpose of policing is protection of the citizenry, and they’re permitted standard capacity magazines, then what’s the rationale for denying that same protective power to those of us who are not officers of the law? (That’s the way I read it, fwiw.)

    • Blake is correct. It appears that some of the commenters above did not follow the link and read the entire article for themselves.

    • To Blake (and Craig; see above), I agree with y’all.
      I read Kople’s article. Definitely not an anti-2a person.
      Seems pro 2a to me. My perception is that he is a very logical thinker; and that he thinks like a good lawyer.
      His article is spot on for his chosen topic.

      I don’t know why (yes, I do) some people have to comment before knowing more.
      Looking at you POTG…

      • blake…This is not an Easter Egg Hunt where readers have to search for what the writer’s views are when in this case his views are in his Heading. “Kopel: Tools Of Mass Killers” may fly over your head but not mine. Insult what I use to defend myself and my family are fighting words.

        • Debbie -You do realize how TTAG works? Articles are reposted by contributors who add in their own headlines which may or may not be congruent with the purpose or opinions of the original author.

          Satire and dramatic emphasis is lost on so many.

        • OH Please I’m tired of the ignorant over reacting here! IT”S CALLED SATIRE!!! THAT definitely, flew over YOUR head!!!!!!!!!!!!!!!!!!!!

  12. Well, I don’t look to law enforcement to determine what I want for my own self defense. I consider such things to be silly and possibly misguided. There is the LEO world, the criminal element, illegal aliens, and the citizen population. Each have their goals and considerations. I don’t care if the cops in my city use Glocks. That does NOT automatically translate to me using them. You may do as you wish but that dog don’t hunt.

      • He has done more academically rigorous research in the use of firearms to prevent crime than any other person AND done more respected writings in support of the second amendment than any other person. If you knew your second amendment history, you’d know that!

        • Ok,
          Then my original question stands. Why should I look to cops? He suggests that this is what people do. Ok. The left goes nuts over mag capacity. We all already know this. Comparing these things seems more like apples to oranges.

    • The article in no way portrays the author as being anti 2A. Read the article in the link posted at the bottom of the piece here: https://reason.com/volokh/2023/12/11/law-enforcement-officers-are-part-of-the-people-not-above-them/
      Entitled: ” Law Enforcement Officers Are Part of “the People,” Not Above Them
      Law enforcement amicus brief against Colorado magazine ban.”

      Key words: “Part of” and “Not Above” should answer any questions as to the author’s motive(s).

  13. Police should not have access to any weapons or arms that other civilians are denied access to. This includes weapon type, select-fire, model names/numbers, weapon features, magazine capacities, other lethal/non-lethal technologies, training aids, and body armor to name but just a few. If civilians are barred from any arms then cops must NOT be allowed them either. This is really the only way to keep these anti’s at bay short of SCOTUS getting off of their weak-tea butts and actually interpreting/enforcing the Second Amendment infringement clause.

    FJB

  14. We definitely don’t trust the cops in NY; we view them as a different class because they’re allowed more than 10 rounds and we aren’t. And they view us as subjects, not citizens.

    • It all comes down to city, state, and local leadership that get voted in. Those cops are not that way in a vacuum.

  15. I disagree. Knowing cops, they are fed up with the pro crime leftist attitude in this state. Morale is at an all time low, cops are leaving the force at an all time high. And recruits are at an all time low. Local cops and sheriffs are refusing to enforce the CCIA BS. It is ONLY the state troopers who remain loyal fanatical psychos.

    • Are you saying it was just Troopers collecting privately owned firearms in New Orleans during Katrina? How many non-Troopers harassed people for not wearing masks or attending church during Covid?

      • Exactly. Cops just follow orders. They are hired on the basis of how well they follow orders and of the lower half of intelligence so they will not question their orders. That’s how we get here.

  16. Hopefully, the clown is on the police’s “take the long scenic route” when he calls 911 screaming for help…

  17. Totally OFF THE WALL comment from what I was saying!!!!!! The last few years especially this last has changed alot of attitudes with the police.

    • Much has changed. The attitudes of cops have and so have those of the population. It has been established as to the fact that cops do not have a duty to protect. “To Serve snd Protect” is a montra of the past. ‘The people’ need to understand that police departments reflect the values of their respective city leaders, controllers, and officials. NOT the citizens that live there. Fixing all this is directly about who you vote for. You want respect for the police? It starts with the politicians in office.

  18. I have taken it upon myself and my wife. YOU are your ONLY first responder. Supreme Court ruled in 1989 that the police have NO responsibility to protect you. Do what you need to do to protect yourself and family, defensively and medically.

  19. Colorado and other states need to understand that gun control can hurt tourism. I spent a lot of money this year vacationing in Colorado, but I wasn’t happy having to only carry a smaller, lower capacity setup instead of my usual EDC rig. When I do security for charities in my state, I figure the people I protect deserve the best of my abilities and equipment. But when in CO, they want me to be in danger. Last summer, I almost had to bring my gun into play a couple of times to defend against some crazies right in Denver. I even told my wife to be ready to duck into cover. These days, a major factor in my decisions on where to travel is safety. Listen up, CO, you’re on a path to lose a lot of tourism dollars. Might as well call Gun Control “TOURISM control.

    • Under the right circumstances, they can be your friend. But they are NEVER the guarantor of your Constitutional Rights!

  20. Defense of innocent citizens. Hah. In today’s police society there are no innocent citizens.
    They got them gunms to fill whoever full of holes if they resist arrest.

  21. whenever it is pointed out how cops carry big mags and black rifles they want to ban for us it’s always the same argument. cops need to be better armed than bad guys. the regular folk are supposed to call cops or else just deal with it.

    • “cops need to be better armed than bad guys. the regular folk are supposed to call cops the bad guys.”

      FIFY

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