DAVE KOPEL: AIMING FOR LIBERTY

“Aiming For Liberty: The Past, Present, and Future of Freedom and Self-Defense” by David Kopel. Paperback, 182 pp., Merril Press. Visit www.davekopel.com or order online at www.amazon.com or www.barnesandnoble.com. PROFILE Dave Kopel has a new book out. This news, no doubt, will thrill many America’s 1st Freedom readers. For the 10 years this publication has been providing nra members and other freedom lovers with the latest in gun-rights news and commentary, Dave Kopel has been there. Even since the magazine’s previous incarnation—American Guardian—Kopel has been at the forefront of the pro-gun debate with vital arguments for the protection of the Second Amendment. As Kopel’s daughter said when she was Freedom and Self-Defense,” Kopel has, in in the third grade, her father’s job “is to tell a single volume, collected, updated and people what he thinks.” And judging by the expanded dozens of his select writings that mail our editorial staff receives daily from have appeared in America’s 1st Freedom and readers, what Kopel thinks and writes for other journals over the past 25 years. these pages is an overwhelming favorite. “I’ve been writing at a pretty intense pace Take this sampling of “Mail Call” letters, for the last quarter-century,” Kopel said, “so it from just the past year alone, commending was time to look at some of the essays I had Kopel’s work: written, revise them and put them together • “Thank you, America’s 1st Freedom, in an organized way that would express some for printing the excellent Feb. 2010 article broad themes.” ‘Showdown Over Chicago’ by Dave Kopel. Having first appeared not only in The article is so well written and easily America’s 1st Freedom, but also in National Dave Kopel understandable …” (May 2010). Review, Reason, Liberty, Chronicles and the • “Dave Kopel’s article in the September National Law Journal, the essays presented issue, ‘What’s the Difference Between in “Aiming For Liberty” are an indispensable a “Living Constitution” and a Dead primer on American freedom and self- Document?’ is simply outstanding … defense—themes that Kopel finds are The same is true of his other article in inextricably linked. the same issue, ‘Will the Supreme Court “The most fundamental human right Set Speech Free?’ I always look forward of all is self-defense,” Kopel said. “If you to reading articles by Dave Kopel …” are defenseless, then none of your other (November 2009). rights can be secure. That’s the lesson of by • “Dave Kopel’s piece on Harold Koh what happened in the South at the end of Blaine Smith, (‘Koh, No!’) was most revealing and scary …” Reconstruction when black people were Associate Editor (Sept. 2009). disarmed and Jim Crow was imposed. That’s In short, Kopel’s ability to explain the the lesson of the Communist, Fascist, Islamist issues of most importance to gun owners and National Socialist tyrannies of the last keeps readers coming back for more. And century and of the present. Kopel’s ability to connect with the readers of “Arms are essential tools for self-defense,” America’s 1st Freedom keeps him writing for he added. “In particular, firearms are the only these pages. tool that can reliably allow a smaller person “The nra is America’s oldest and most to defend herself at a distance from a group effective civil rights organization,” Kopel said. of larger attackers. A world without guns is a “A n d America’s 1st Freedom is the magazine world in which the stronger have free rein to for nra members who are especially prey on the weaker.” interested and active in protecting our Divided into chapters such as “Gun fundamental human rights. So writing for Control and Discrimination,” “The Anti- 1st Freedom is a unique opportunity to share Gun Agenda,” “Religious Perspectives,” ideas with some of the most effective civil “International Freedom,” “Schools and rights citizen-activists in the world.” Children,” “Culture,” “American Heroes” Now, with his new book “Aiming For and one chapter on the landmark District Liberty: The Past, Present, and Future of of Columbia v. Heller Supreme Court case

st America’s 1 Freedom | June 2010 25 —with each chapter consisting of three Over the years, I’ve seen how one type Enforcement Educators and Trainers to seven essays—Kopel’s discussions of of liberty often supports another. Association, half the district attorneys gun rights, culture, personal freedom “For example,” he said, “if tax in California, and many more,” and the historical and contemporary and regulatory policy doesn’t stifle Kopel said. “The brief presented the context of each cohere into a singular the formation of small businesses, empirical evidence that guns in the manifesto of American liberty. then more people can create small right hands substantially help public “Aiming For Liberty” underscores the businesses, and the spirit of self-reliance, safety; that ordinary American citizens importance of the Second Amendment responsibility and creativity that makes a have proven that they are responsible in protecting American freedoms and small business successful also promotes firearms owners; that for many people, the threats these freedoms face today. other aspects of individuals and families handguns are the best choice for self- At the Independence Institute, a taking responsibility for their well- defense; and that mainstream law free market think tank where Kopel is being—such as making the choice to enforcement strongly supports the research director, his work—like “Aiming own a firearm.” Second Amendment. for Liberty”—isn’t focused solely on The importance of Kopel’s writing “In addition, I helped coordinate pro-gun initiatives. Nevertheless, this isn’t found only in the legions of pro- many other amicus briefs,” he said. work, like his new book, reinforces our gun and pro-freedom proponents he has “Not by writing anything for those firearm freedoms. educated and motivated; his writing also briefs, but by providing suggestions “Since 1992,” Kopel said, “I’ve impacted the outcome of the Heller case. about how different amici could focus enjoyed the opportunity to guide our “I wrote an amicus brief on behalf on particular issues which would not senior fellows and other scholars (at of the Independence Institute and a duplicate the work of other amici, the Independence Institute) who write large coalition of law enforcement and by providing advice about how on education, health care, tax policy, organizations and leaders. This arguments could be improved.” transportation and many other issues. included the International Law Following oral arguments in the Heller case, Kopel produced for the pages of America’s 1st Freedom a POINT OF VIEW: stunning first-hand account of the oral KOPEL ON INTERNATIONAL THREATS arguments in one of the most important TO SECOND AMENDMENT RIGHTS Supreme Court cases in recent history With the u.s. Supreme Court ruling in District of Columbia v. Heller (“Ringside at the Supreme Court,” that the Second Amendment protects an individual Right to Keep and June 2008, p. 32). In addition to his schedule of Bear Arms, with many court observers anticipating incorporation of writing and leading research at the the Second Amendment against the states in McDonald v. Chicago, and Independence Institute, Kopel also with the Obama administration placing its anti-gun agenda on hold at teaches advanced constitutional law this time, it seems gun rights in America are on a somewhat more firm at the University of Sturm footing these days. College of Law—where he has the Yet Dave Kopel warns that international anti-gun efforts could prove unique perspective of seeing the Heller ruling, which he had a hand in winning, crushing to our Second Amendment rights. influence the next generation of “There are many different ways in which international law can be policymakers and lawmakers. infiltrated into the American legal system, and hardly any of them “The Second Amendment is no require explicit congressional approval,” Kopel said. “The international longer being ignored in the law schools,” gun prohibition organizations are working closely with their American Kopel said. “Almost all American counterparts in order to internationalize American law, and thereby education, starting with middle school civics and American history, will now be subject the Second Amendment to the ‘norms’ invented by the United presenting the Second Amendment as a Nations and the rest of the international prohibition movement. standard right of ordinary Americans to “More generally, as long as governments in other nations are getting own ordinary guns for self-defense and away with denying human rights in those nations, those governments other legitimate purposes. will find it politically advantageous to attack human rights in the United “This creates a virtuous cycle,” States,” he said. “The Mexican government’s current attack on American Kopel said. “As more and more young people develop an awareness of their gun ownership is one example. The route to long-term security for constitutionally protected right to our American rights is to stop the foreign attacks, rather than foolishly arms, the political center of gravity imagining that we will be able to fend off forever a relentless series will continue to move in a pro-rights of foreign attacks.” direction, and so courts and legis- latures will become more confident

st 26 America’s 1 Freedom | June 2010 Enforcement Educators and Trainers in taking action to protect Second law students to come—are learning disseminating the truth about the Association, half the district attorneys Amendment rights.” constitutional law with the right to Right to Keep and Bear Arms—be it in California, and many more,” Just as Kopel’s new book educates arms in its rightful place alongside in the courtroom, in the classroom, in Kopel said. “The brief presented the readers about the fundamentals of our other fundamental freedoms, such America’s 1st Freedom or in books such empirical evidence that guns in the American liberties—with the Second as freedom of the press and the free as “Aiming For Liberty”—the battle for right hands substantially help public Amendment standing as a pillar of these exercise of religion,” Kopel said. “Over Second Amendment rights remains safety; that ordinary American citizens liberties—and as he educates readers time, these younger lawyers pitched in our favor. For where truth have proven that they are responsible monthly in the pages of America’s will replace the remaining judges and liberty lie, the cause is never lost. firearms owners; that for many people, 1st Freedom, he is educating coming who have refused to respect Second America’s 1st Freedom readers will handguns are the best choice for self- generations of these selfsame truths. Amendment rights.” no doubt delight in Kopel’s dispatches defense; and that mainstream law “My students—like more and more With individuals like Kopel from the front lines. enforcement strongly supports the Second Amendment. “In addition, I helped coordinate IS DAVE KOPEL A BUSY MAN? many other amicus briefs,” he said. You could say that. Aside from Kopel’s positions as research director “Not by writing anything for those Kopel has written more than 10 books, including at the Independence Institute and professor of law briefs, but by providing suggestions “The Samurai, the Mountie, and the Cowboy,” named at the , he is an associate policy about how different amici could focus 1992 Book of the Year by the American Society of analyst at the and a contributing editor on particular issues which would not Criminology, Division of International Criminology. for Information Technology & Telecom News, Gun Week duplicate the work of other amici, His newspaper articles have appeared in The Wall and Firearms & Outdoor Trade. He’s been a media critic and by providing advice about how Street Journal, , and the Los for the Saturday Rocky Mountain News/Denver Post, arguments could be improved.” Angeles Times. Among his journal publications are a regular panelist on Channel 12’s “ Inside Following oral arguments in the articles in the Johns Hopkins School of Strategic and Out” and a blogger on the popular Volokh Conspiracy Heller case, Kopel produced for the International Studies sais Review, Michigan Law weblog. Kopel is also an nra-certified Pistol and pages of America’s 1st Freedom a Review and the University of Pennsylvania Law Review. Personal Protection instructor. stunning first-hand account of the oral He has been cited by eight state supreme courts and in —from the Independence Institute website and arguments in one of the most important more than 400 law review articles. www.davekopel.com Supreme Court cases in recent history (“Ringside at the Supreme Court,” June 2008, p. 32). In addition to his schedule of writing and leading research at the Independence Institute, Kopel also teaches advanced constitutional law at the University of Denver —where he has the unique perspective of seeing the Heller ruling, which he had a hand in winning, influence the next generation of policymakers and lawmakers. “The Second Amendment is no longer being ignored in the law schools,” Kopel said. “Almost all American education, starting with middle school civics and American history, will now be presenting the Second Amendment as a standard right of ordinary Americans to own ordinary guns for self-defense and other legitimate purposes. “This creates a virtuous cycle,” Kopel said. “As more and more young people develop an awareness of their constitutionally protected right to arms, the political center of gravity will continue to move in a pro-rights direction, and so courts and legis- latures will become more confident

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