Dave Kopel | |
---|---|
Born | David B. Kopel January 7, 1960 |
Nationality | American |
Education | Brown University (BA) University of Michigan Law School |
Occupations |
|
Political party | Democratic |
Website | davekopel |
David B. Kopel [1] (born January 7, 1960) is an American author, attorney, gun rights advocate, and contributing editor to several publications.
As of August 2021, he is research director of the Independence Institute, [2] associate policy analyst at the Cato Institute, adjunct professor of advanced constitutional law at Denver University, Sturm College of Law and contributes to the Volokh Conspiracy legal blog. Previously he was adjunct professor of law, New York University, and former assistant attorney general for Colorado.
Kopel is also a life member of the Academy of Criminal Justice Sciences, [3] and, as of 2010, served on the board of directors of the Colorado Union of Taxpayers. [4]
Kopel earned a B.A. in history with highest honors from Brown University, and won the National Geographic Society Prize for best history thesis with a biography of Arthur M. Schlesinger, Jr. [5] He graduated magna cum laude from the University of Michigan Law School. He was also a contributing editor of the Michigan Law Review .
Politically he is a lifelong registered Democrat but a confessed small government libertarian at heart who voted for Ralph Nader in 2000. [6] In addition, he voted for Ron Paul in 1988; [7] and George W. Bush in 2004 for reasons related to foreign policy. [8]
Kopel opposes gun control and is a benefactor member of the National Rifle Association of America. His articles on gun control and gun violence have been cited in the Opposing Viewpoints Series . [9] In 2003, Kopel perpetuated the debunked Nazi gun control argument when he wrote in National Review "Simply put, if not for gun control, Hitler would not have been able to murder 21 million people." [10] In 2008 he contributed an article to the 59th Volume of the Syracuse Law Review entitled "The Natural Right of Self-Defense: Heller's Lesson for the World." [11] He appeared in FahrenHYPE 9/11 , a film that disputes the allegations in Fahrenheit 9/11 . Kopel's Independence Institute received 1.42 million dollars of funding for its activities by the National Rifle Association. [12] [13]
While professing to be an opponent of gun control, Kopel testified before a U.S. Senate Judiciary Committee on March 26, 2019 that he in fact supports "Red Flag Laws" aka Extreme Risk Protection Orders, that are heavily supported and pushed by gun control groups and advocates. [14]
In 2008, Kopel appeared before the United States Supreme Court as part of the team presenting the defense's oral argument in District of Columbia v. Heller . His Heller amicus brief for a law coalition of law enforcement organizations and district attorneys was cited four times in the Court’s Heller opinions. His brief in McDonald v. Chicago (2010) was cited by Justice Alito’s plurality opinion, and twice by Justice Stevens’ dissent. He has also testified numerous times before Congress and state legislatures, including before the U.S. Senate Judiciary Committee on the Supreme Court nominations of Elena Kagan and Sonia Sotomayor. [15]
Kopel testified on January 30, 2013, six weeks after the Newtown, Connecticut, Sandy Hook Elementary School shooting, before the Senate Judiciary Committee on gun violence. [16] One month later MSNBC.com revealed that Kopel and the Independence Institute had received $108,000 in grants from the National Rifle Association's Civil Rights Defense Fund, and that another witness at the Senate Judiciary hearing, David T. Hardy, testifying as a private attorney in Tucson, Arizona, had received $67,500 in grants from the same NRA Civil Rights Defense Fund in 2011. [17]
Kopel was the lead attorney in a May 2013 Federal civil rights lawsuit against the State of Colorado aimed at blocking several "Democratic gun control measures passed by the state legislature and signed into law by Gov. John Hickenlooper" in March 2013. [18]
The Fox News affiliate station in Denver, Fox31, and correspondent Eli Stokols in May 2013 revealed that Kopel had received $1.39 million in grant money from the NRA Civil Rights Defense Fund between 2004 and 2011. Fox31 reported Kopel's NRA funding after the Colorado-based Independence Institute filed suit in Colorado challenging the state's gun laws with Kopel as the lead attorney. [19]
Kopel has authored columns in outlets including The Denver Post, The Washington Post, the Los Angeles Times , The New York Times and The Wall Street Journal , and articles in law reviews including the Harvard Law Review , Yale Law Journal , Michigan Law Review , University of Pennsylvania Law Review , SAIS Review , and the Brown Journal of World Affairs . [15]
The New York Times changed Kopel's author ID for the online opinion piece, "Bloomberg’s Gun Control That Goes Too Far for the Average Citizen," on April 18, 2014, to reveal that that Independence Institute, where Kopel is research director, has "received grant money from the National Rifle Association's Civil Rights Defense Fund." [13] On April 24, 2014, The Progressive reported that Kopel and his Independence Institute "have received over $1.42 million including about $175,000 a year over eight years from the NRA." [20]
The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent gun rights lobbying organization while continuing to teach firearm safety and competency. The organization also publishes several magazines and sponsors competitive marksmanship events. According to the NRA, it had nearly 5 million members as of December 2018, though that figure has not been independently confirmed.
The Gun Control Act of 1968 is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
Gun politics is defined in the United States by two primary opposing ideologies concerning the private ownership of firearms. Those who advocate for gun control support increasingly restrictive regulation of gun ownership; those who advocate for gun rights oppose increased restriction, or support the liberalization of gun ownership. These groups typically disagree on the interpretation of the text, history and tradition of the laws and judicial opinions concerning gun ownership in the United States and the meaning of the Second Amendment to the Constitution of the United States. American gun politics involves these groups' further disagreement concerning the role of firearms in public safety, the studied effects of ownership of firearms on public health and safety, and the role of guns in national and state crime.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Both arms manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible. However, they may be held liable for negligent entrustment if it is found that they had reason to believe a firearm was intended for use in a crime.
Gun show loophole is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. This is also called the private sale exemption. Under federal law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe that the person is prohibited from receiving or possessing firearms.
The American Hunters and Shooters Association (AHSA) was a United States-based non-profit 501(c)(4) organization which operated from 2005 to 2010. The group described itself as a national grassroots organization for responsible gun ownership and advocated for increased gun control. The organization's president, Ray Schoenke, said the AHSA was intended to bridge the gap between urban liberals and rural gun owners, but closed down due to a lack of support from the Obama administration.
Marion P. Hammer is an American gun advocate and lobbyist who was the first female president of the National Rifle Association of America (NRA), from 1995 to 1998.
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.
Dudley W. Brown is an American gun rights lobbyist. He is the founder and president of Rocky Mountain Gun Owners and president of the National Association for Gun Rights.
John P. Morse is an American former politician who was a state senator in the Colorado Senate from 2007 to 2013, serving as president of the senate in 2013. He is a member of the Democratic Party. Morse represented Senate District 11, which encompasses Manitou Springs, Colorado, and eastern Colorado Springs. On April 17, 2009, he was selected to become Colorado's next Senate Majority Leader, following the resignation of Senate President Peter Groff and the promotion of previous Majority Leader Brandon Shaffer. On September 10, 2013, Morse was recalled from office as a reaction to his involvement in passing gun control laws. He was the first legislator to be successfully recalled in the state's history.
The Nazi gun control argument is the claim that gun regulations in Nazi Germany helped facilitate the rise of the Nazis and the Holocaust. Historians and fact-checkers have characterized the argument as dubious or false, and point out that Jews were under 1% of the population and that it would be unrealistic for such a small population to defend themselves even if they were armed.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
Rocky Mountain Gun Owners (RMGO) is a 501(c)(4) non-profit gun rights advocacy group in Colorado, United States.
The National Association for Gun Rights (NAGR) is a gun rights advocacy group in the United States. They maintain an affiliated PAC and a nonprofit legal foundation. Officially incorporated in Virginia on March 29, 2000, NAGR was founded by Dudley Brown as a national companion organization to Rocky Mountain Gun Owners. NAGR is a rival of the National Rifle Association of America (NRA) and considers itself a more "conservative alternative" to the NRA. The group spends most of its energy attacking lawmakers deemed too soft on Second Amendment issues via direct mail, robocalls and low-cost television ads. The group has gained notoriety for its aggressive lobbying tactics and attack ads.
The Public Safety and Recreational Firearms Use Protection Act, popularly known as the Federal Assault Weapons Ban (AWB), was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as large capacity.
The Colorado recall election of 2013 was a successful effort to recall two Democratic members of the Colorado Senate following their support of new gun control legislation. Initially four politicians were targeted, but sufficient signatures could only be obtained for State Senate President John Morse and State Senator Angela Giron.
The Political Victory Fund (NRA-PVF) is the political action committee (PAC) of the National Rifle Association of America (NRA). The Fund contributes money to political campaigns of candidates endorsed by the NRA.
The Revolt at Cincinnati, also known as the Cincinnati Coup and the Cincinnati Revolution, was a change in the National Rifle Association of America's (NRA) leadership and organizational policy that took place at the group's 1977 annual convention in Cincinnati, Ohio. Led by former NRA President Harlon Carter and Neal Knox, the movement ended the tenure of Maxwell Rich as NRA executive vice president and introduced new organizational bylaws. The Revolt at Cincinnati has been cited as a turning point in the NRA's history, marking a move away from "hunting, conservation, and marksmanship" and toward the defense of the right to bear arms.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for a pistol concealed carry license to show "proper cause", or a special need distinguishable from that of the general public, in their application.