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The Times Has Finally (Quietly) Outed an NRA-Funded “Independent” Scholar

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This article originally appeared in The Progressive on April 23, 2014 here.

The Progressive, April 23, 2014

by Frank Smyth

Last Friday The New York Times finally addressed a conflict of interest that it had been ignoring for years. Although, among the powerful institutions that have long done so, the Times is hardly alone. The matter helps illustrate how the gun lobby has managed to shape the nation’s gun debate without showing its hand. The news comes to light one day before the start of the National Rifle Association’s annual convention in Indianapolis.

David Kopel is the Research Director and Second Amendment Project Director of the Colorado-based nonprofit Independence Institute, which describes itself as a “free-market think tank.” He is an Associate Policy Analyst at the Washington-based Cato Institute, and an adjunct professor of advanced constitutional law at Denver University. Kopel is also the author of 15 books and 90 scholarly articles many having to do with the Second Amendment and gun policies.

Kopel is widely known as one of the nation’s leading legal scholars on gun issues, writing from a pro-gun rights perspective. He testified in the Senate last year as an apparent independent expert in the nationally televised hearings held in the wake of the Newtown, Connecticut Sandy Hook Elementary School tragedy. For even longer, he has regularly written opinion pieces for newspapers like The Wall Street Journal while being similarly identified as an independent scholar.

David Kopel has managed to establish himself as an independent authority on gun policy issues even though he and his Independence Institute have received over $1.42 million including about $175,000 a year over eight years from the NRA.

NRA officials at the nonprofit group’s Virginia headquarters declined to respond to repeated requests for comment.

Kopel, for his part, has rarely disclosed his NRA funding. But when presented with evidence of it, he has not denied it, either.

“If that’s her editorial judgement, that’s fine with me,” he said in a brief telephone interview on Friday from his Colorado office at the “Independence Institute” about a New York Times editor’s decision to disclose his NRA funding in an opinion piece under his byline posted the day before. “I’m not going to second-guess an editor.”

For years, Kopel’s defense of the gun lobby has been unmistakable. “Today, with 4 million members, the N.R.A. is one of the largest civic organizations in the U.S., and by far the largest civil liberties organization on the planet,” he wrote in the Times “Room for Debate” section last year less than one month after the Newtown Sandy Hook shooting.

Kopel also often suggests, much like NRA leaders, that there is little possible compromise in the gun policy debate. “The only item on the agenda of today’s antigun advocates that realistically could have prevented a psychopath from stealing his mother’s legally registered guns would be banning and confiscating the more than 300 million firearms in the United States,” he added in his Times’ piece last year right after a disturbed young man in Newtown used his mother’s guns to murder first his mother and then 26 others including 20 first-grade children.

Last week, in the same Times forum, Kopel painted former New York City Mayor Michael Bloomberg, who recently pledged to devote $50 million to promote gun reform efforts, as an extremist. “[A]ccording to my analysis, the Bloomberg version of background checks felonizes the vast majority of American gun owners.” A link embedded into the words “my analysis” refers to an article last spring under his byline in the National Review that similarly fails to disclose Kopel’s NRA funding.

His arguments often set up straw men that he then knocks down. How many gun control advocates or groups, for instance, have ever suggested that Mexico’s failed gun policies could somehow be a model for us? Yet Kopel recently wrote online in The Washington Post, one of two major newspapers to run his gun policy opinions last week, a piece titled “Mexico’s gun control laws: A model for the United States?”

News broadcasters and a leading journalism institute have also treated Kopel as an independent expert. Both PBS and NPR have brought him into gun policy debates as an apparent independent voice. The nonprofit Poynter Institute has asked Kopel to help lead seminars for journalists on gun policy issues including last spring during the Congressional gun debate. (This coming Friday Kopel will help lead a Firearms Law Seminar at the NRA convention in Indianapolis.)

Newspapers like The Christian Science Monitor have cited Kopel as an independent expert in news reports. Although two newspaper reporters, Ed O’Keefe and Tom Hamburger, in the news section of the Washington Post did identify Kopel’s NRA funding at least once last spring, after I broke news of it on MSNBC.com, and after the NRA itself began distributing one of Kopel’s opinion pieces during the Congressional debate over gun control legislation.

LAST FRIDAY at 3:53 PM in New York editors at The New York Times “Room for Debate” online section changed Kopel’s author ID on his opinion piece almost 22 hours after it had been originally posted. The change informed readers that Kopel “has received grant money from the National Rifle Association’s Civil Rights Defense Fund.” Kopel had been previously identified in this piece, like in his previous Times “Room for Debate” pieces, as an independent researcher, author and legal scholar.

Kopel received $1.39 million in grant money from the NRA Civil Rights Defense Fund between 2004 and 2011, according the Fox News affiliate television station in Denver, Fox31, in a May 2013 report by Eli Stokols. The report was about a lawsuit filed by Kopel and his Independence Institute on behalf of 55 of Colorado’s 62 elected sheriffs challenging Colorado gun control laws passed last year.

The same day that Kopel led a press conference with Colorado sheriffs to announce the law suit, Colorado resident Tom Mauser called the Independence Institute to ask the think-tank whether it has received money from the NRA. Mauser has been a well-known Colorado gun control advocate for years, ever since his 15-year-old son, Daniel, was one of 12 students murdered along with one teacher in the 1999 Columbine High School shooting.

“I asked them if they got money from the NRA, and they wouldn’t tell me,” Mauser told Fox31 Denver. “They said, ‘look it up for yourself.’”

In February 2013, less than one month after Kopel testified in the Senate, I reported in MSNBC.com that two of the Senate’s recent witnesses, Kopel and David T. Hardy, another legal expert who similarly testified at the nationally televised Senate hearing as an independent witness, had received over $108,000 and $67,500, respectively, from the NRA Civil Rights Defense Fund in 2011.

At the hearing, Senate Judiciary Committee Chairman Senator Patrick Leahy from Vermont read Kopel’s biography including his affiliations with the Independence Institute, the Cato Institute and Denver University Strum College of Law. Chairman Leahy jokingly added, “Did I get that all correct?”, before giving Kopel the floor. No one, not any Senators, Kopel or the press made any mention of his NRA funding.

Kopel later conceded to me that he has received NRA funds, but maintained that he was not obligated to disclose them.

“I’ve never heard of [a] think tank or interest group employees naming donors during legislative testimony,” Kopel wrote to me in an email last year.

Kopel’s role at the Independence Institute is larger than it appears. Dozens of staff members and experts including the institute’s President Jon Caldara are listed on the institute’s website. But the highest paid employee is not the organization’s president but Kopel who earned $187,666 including bonuses, a total of $67,000 more than Caldara in 2011, according to the group’s latest financial records available.

The same year, Kopel received not only one $108,000 grant from the gun lobby, but part of another grant from the NRA’s Civil Rights Defense Fund, this one for a $55,000 grant to him and two other Independence Institute scholars.  The NRA fund has continued supporting the Independence Institute, giving the group $317,500 in 2012, according to the NRA fund’s latest records on file.

Kopel has bona fide Ivy League credentials. He graduated with honors from Brown University and earned his J.D. magna cum laude from the University of Michigan Law School. He has written for scholarly journals at Yale, New York University, Johns Hopkins, Notre Dame and the University of Pennsylvania.

Kopel is a regular contributor, too, to “The Volokh Conspiracy,” an influential and self-described “libertarian, conservative, centrist” legal blog that since January has been hosted by The Washington Post. Kopel wrote another piece there on Monday arguing that both the First and Second Amendments “safeguard natural, pre-existing human rights.”

At the same time, Kopel’s gun lobby funding is now no longer in doubt. The question is how should those who give him a platform to air his gun rights views like Congress and the Times identify him to the public?

“The more readers know about the background of an opinion writer, the better they are served. And that applies here,” The New York Times Public Editor Margaret Sullivan told me last year in an email after I first broke news of Kopel’s NRA funding.

Last Friday, I forwarded her email to editors at the Times “Room for Debate” section, after they ran another one of Kopel’s pieces without disclosing his NRA funding. Editors made the change to identify Kopel’s receipt of NRA grant money little over an hour later, after first calling Kopel to confirm his receipt of NRA funds.

Kopel’s piece last Friday in the Times was part of an online series by six different authors about the nation’s gun policies pegged to both Bloomberg’s funding announcement and this weekend’s NRA convention. The series was titled, “Toe to Toe with the NRA.”

Frank Smyth is an independent, award-winning investigative reporter who has covered the gun lobby for The Progressive and MSNBC. His Mother Jones story last year, “Unmasking the NRA’s Inner Circle,” won the Society of Professional Journalists Delta Sigma Chi award for National Magazine Investigative Reporting. His clips are posted at www.franksmyth.com. Follow him on Twitter @SmythFrank.

– See more at: http://www.progressive.org/news/2014/04/187663/times-has-finally-quietly-outed-nra-funded-{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9Cindependent{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}9D-scholar#sthash.OYfZhMvM.dpuf

One Year After Sandy Hook, Shooting is Still a Family Sport

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What was the mother of the Sandy Hook Elementary School shooter thinking over a year ago?

Trying to find a way to somehow help her clearly troubled youngest son.

Gun culture is often associated with red states in the South, Midwest and Rocky Mountains. But gun ownership is a time-honored tradition in many blue states, too, like among the bedroom communities within commuting distance of New York City in Southwestern Connecticut.

The late Nancy Lanza in Newtown grew up with firearms and had a pistol permit. She returned to shooting with more intensity, according to one family friend, after her 2009 divorce. She wanted to bond with her youngest son, Adam, especially, who five years before, at 13, had been diagnosed with Asperger’s syndrome, and who, instead of getting better, had been showing signs of social dysfunction and anxiety.

“Shooting was a pastime in which the family engaged,” reads theConnecticut State’s Attorney report of the Sandy Hook massacre released last month. “Both the mother and the shooter took National Rifle Association (NRA) safety courses. The mother thought it was good to learn responsibility for guns. Both would shoot pistols and rifles at a local range and the shooter was described as quiet and polite.”

David B. Lyman is the owner of the Blue Trail Range, “New England’s finest shooting range,” according to the range’s website, “where shooting is a family sport.” Lyman is also an NRA-certified instructor and former national sports shooting champion. He does not seem to have spoken with reporters much since the New York Post last year in the early days after the shooting named the Blue Trail Range as the Lanza family’s preferred gun range.

Did Nancy Lanza go shooting there with one or both of her sons?

“He will not be calling. I can guarantee it,” said a woman about her boss David Lyman after she answered the phone at the Blue Trail Range in Wallingford, about 40 miles from Newtown. An email from bluetrailrange.com later directed queries to Lyman’s lawyer, Craig Fishbein.

“There is nothing that has ever been confirmed,” said Fishbein about whether the Nancy and Adam Lanza went shooting at the Blue Trail Range. “There’s a sign-in process. There’s never been anything showing that.”

David Lyman’s wife, Debbie, runs the “Junior” or child shooting division of the Connecticut State Rifle & Revolver Associationbased in New Haven. One category among Junior competitors is the Smallbore or .22 caliber rifle. One popular rifle among Juniors is the Mark II made by the Massachusetts-based Savage Arms, which describes it as being “light enough to be a child’s first rifle.”

Nancy Lanza owned a Savage Mark II, which was later found near her bed. In the years before she died, she may or may not have encouraged her youngest son, Adam, to use it. All we know now for sure is that he did not partake in shooting competitions. Instead Adam, who was 20 a year ago when he perpetrated the massacre, preferred isolation, computers and video games. One friend told The Wall Street Journal last year that Nancy brought Adam to the range to not only bond with him, but to try and teach him responsibility.

This past spring, as the Sandy Hook heartbreak continued to resonate in Washington and around the nation, the Connecticut State Rifle & Revolver Association held its annual All-State Awards Dinner in Wallingford to honor Junior shooters. Junior Director Debbie Lyman presided over the ceremony, where dozens of boys and girls, some of whom were already bound for college, were honored for having successfully shot in Junior matches.

Did the Sandy Hook shooting ever come up?

“I’m not going to make any comment on the Sandy Hook issue,” Debbie Lyman said this week by telephone from her office at a university-affiliated medical office.

The Guest Speaker for the Junior awards dinner was NRA board member Patricia Clark, who works as a hospital laboratory technician. Earlier this year, I identified her in Mother Jones and The Progressive as the former Chairman of the NRA’s shadowy Nominating Committee, which hand-picks candidates to control elections to the NRA board.

Clark remains an NRA board member and member of the board’s executive committee. She also happens to live little more than a few miles from the site of America’s worst gun tragedy, the now torn-down Sandy Hook Elementary School.

NRA Director Clark declined to return both voice and email requests for comment.

Clark is a nationally recognized Smallbore rifle competitor. Both David and Debbie Lyman are NRA Double Distinguished Expert shooters with the Smallbore rifle, according to an Ohio State website and biography of their son, Remington Lyman. A member of the Ohio State Rifle Team, Remington, who shares the namesake of America’s oldest arms manufacturer, shoots air and Smallbore rifles for the Buckeyes at National Collegiate Athletic Association Rifle competitions.

Surrounded by so many families who have, by any measure, successfully bonded with their children while shooting guns, Nancy Lanza perhaps thought that giving her mentally ill son Adam guns including a Smallbore rifle might somehow help draw him out of his shell. Instead he turned the .22 caliber rifle on her.

“Prior to going to the school, the shooter used a .22 caliber Savage Mark II rifle to shoot and kill his mother in her bed at the home where they lived,” according to the Connecticut State’s Attorney report.

Adam brought two handguns — a Glock 20, a10 mm semi-automatic pistol and a Sig Sauer P226 9 mm semi-automatic pistol — along with a Bushmaster XM15-E2S semi-automatic rifle with him into the Sandy Hook school. He used the Bushmaster to quickly discharge over three hundred rounds, causing the fatal, unspeakable carnage that left 20 first-grade children and six of their teachers dead on the ground.

By then Adam had already left the Savage Mark II behind, back in his mother’s bedroom, after taking the time to use the bolt-action Smallbore rifle to shoot Nancy Lanza four times in the head.

The Connecticut State’s Attorney report concluded that the motive for Adam’s behavior may never be known. But his mother’s actions suggest a different story. No doubt she never should have introduced her youngest son to guns. But her motive for bringing him to a shooting range seems to make more sense once one glimpses the successful families of sports shooters within her community.

One reason gun reform has failed since even the Sandy Hook tragedy may be that advocates have failed to grasp the depth of gun culture in not only red states but also blue ones. Another could be that gun reform advocates have yet to find a way to talk to gun owners without the gun lobby led by the NRA twisting the discussion.
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Frank Smyth is a freelance journalist who has covered the National Rifle Association for The Village Voice, The Texas Observer, Mother Jones, The Progressive and MSNBC, where, over the past year, he has been a frequent on-air contributor. His clips are posted at www.franksmyth.com, and his Twitter handle is @SmythFrank.

Photo: Flickr user Gordon Tarpley, creative commons licensed.

Click here to read the original story in The Progressive: http://progressive.org/one-year-after-sandy-hook-shooting-still-a-family-sport

Al Sharpton Targeted by Zombie Gun Product?

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“Poor Al he was a Sharp guy,” begins the description of a gun target firm’s newest “Life-Sized Tactical Mannequin Target.” With a dark skin tone and features that seem to resemble the civil rights figure and MSNBC cable news host Rev. Al Sharpton, the Zombie-looking gun target called “Al Zombie”comes with the disclaimer that “[a]ll Zombies Industries’ products represent fictitious characters and are works of fiction” and “[a]ny resemblance to actual persons (living or dead)” is “entirely coincidental.”

Was “Al Zombie” meant to resemble Rev. Sharpton?

“No,” said Nicholas J. Iannitti, Vice President and Director of Sales for ZMB Industries, LLC, by telephone from the firm’s headquarters in Poway, California. “If you look at our website you can see” our statement that all Zombie target characters are fictitious.

But Zombie Industries, on its Facebook page, attributes what seems like a fictitious quote to a a colleague of Sharp ton’s, who, like him, has criticized Zombie Industries for making a Zombie gun target that seems to resemble President Barack Obama, and that was briefly on display last month at a National Rifle Association convention.

“I don’t know,” said Vice President and Sales Director Nicholas Iannitti, when asked about what seems like a tongue-in-cheek product endorsement attributed to the progressive, nationally syndicated talk radio host Joe Madison on Zombie Industries’ Facebook page. “I wasn’t involved.”

In May Madison was on Sharpton’s MSNBC show PoliticsNation, where they both criticized the presence of “Rocky Zombie,” which they said resembled President Obama, at an NRA convention.

Rev. Sharpton called the target a “stunning, offensive display from the far right,” dubbing it the “Right-Wing Horror Picture Show.” Madison on the same program said, “They are a sorry bunch of people that I can’ t use words for, but I do take offense and I think anyone else, black, white or any other color, would take offense at this.”

Little more than one month later, ZMB Industries decided to apparently make use of the controversy. Now the firm has added what seems to be a mocking quote attributed to Madison on itsFacebook page boasting of another new Zombie mannequin target.

“New Model: Gun Control Lobbyist,” reads the main image on Zombie Industries’ Facebook page. “Lower than a snakes Belly!” reads what seems like a product endorsement on the same page, attributed to “Joe Madison, Radio Host describing Zombie.”

Madison, who now has a program on Sirius XM, could not be reached for comment.

To finish reading the article, please click here.

Was that gun used in a crime? Now you can find out

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On Sunday in New Orleans, Laderika Smith, 28, returned from the store to find her five-year-old daughter bloodied and lying on the bedroom floor with a gunshot wound to her head. The girl soon died. Her mother has been charged with Relative Cruelty to a Juvenile. She has not yet entered a plea.

“It is all too common,” Doctor Gary A. Smith, president of the Child Injury Prevention Alliance, told MSNBC. “Children are curious. They watch TV cartoons and a make-believe world,” he added. When kids see guns, “they don’t recognize the danger.”

Smith’s daughter fatally shot herself with a .38 revolver that her mother kept in the home, as Smith admitted to New Orleans police. For decades, a .38 revolver was the firearm most commonly used in crimes, according to ATF studies including a July 2000 report, which is the last time that the ATF issued any comprehensive report. Instead, for more than 12 years– since the first inauguration of President George W. Bush in 2001–the ATF has provided little or no such national data to the public.

“Why was it stopped for over 10 years?” ATF Acting Deputy Chief of Public Affairs Donna Sellers told MSNBC. “I cannot really answer why a decision was made to stop publishing that information,” she added. “The decision was made this year to increase transparency and provide the public with more thorough information on crime guns.”

On June 19, the ATF published its findings for Firearms Trace Data for 2012. Data for previous years posted on the ATF website’s statistics page include no more than very general information for each state along with the District of Columbia and U.S. Virgin Islands, making in difficult to discern national trends of the types of firearms used in crimes, or where they were bought.

The data for 2012 includes nationally aggregated summaries including “Firearms Types” and “Top Calibers” of weapons “Recovered and Traced” in crimes, along with data on where the weapons used in crimes were purchased and where they ended up, and how long they have been in circulation.

“Tracing crime guns provides critical information that assists domestic and international law enforcement,” Sellers told MSNBC.

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Six months after Sandy Hook, grassroot groups and the gun debate

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After the horror of the Newtown shooting, gun reform advocates expected to finally see a change. Yet Friday marks the six-month anniversary of the tragedy at the Sandy Hook Elementary School and, largely due to the efforts of the gun lobby, none of the nation’s federal gun laws have changed.

“The NRA and special interests have been schoolyard bullies,” Sen. Richard Blumenthal of Connecticut told reporters after a press conference Thursday with Newtown family members in the Capitol. “We lost the first vote, but we’re going to win the last vote.”

Groups on both sides of the debate including Mayors Against Illegal Guns and the National Rifle Association have already begun spending money on attack ads against senators who did not vote as the groups’ wished this spring. But advocates on both sides seem to agree that the debate will be decided not by money but by the ability to mobilize grassroots support and voters.

“[A] real grassroots gun control movement? It doesn’t exist, and has never existed,” recentlynoted Sebastian, a pen name for a popular Second Amendment activist and blogger in Pennsylvania read by activists on both sides. The blogger has dismissed well-financed gun reform efforts as “astroturf,” as opposed to real grassroots support, deriding Mayor Bloomberg as “Astroturf-in-Chief.”

“Sebastian’s right about the past,” Mark Glaze, the director of Mayors Against Illegal Guns, told MSNBC.com. “For a generation, the NRA had three advantages,” he added. The gun lobby has long enjoyed a strong grassroots base, members who make gun rights a priority when they vote,  and a budget of up to $250 million a year to strengthen their clout.

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Sequester trumps Sandy Hook: Why gun-control measures may falter

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Many Americans expected a real change in the nation’s gun laws after the killing of 20 first-graders in Newtown. But three months later, the outcome looks unclear. No fewer than four pieces of legislation have passed a Senate panel over the past two weeks to move to the Senate floor. “It’s a step forward,” Debra DeShong Reed, spokeswoman for the Brady Campaign to Prevent Gun Violence, told MSNBC.

At the same time, legislators in both the House and Senate have stuck provisions into spending bills that could undermine federal enforcement of both existing and proposed gun control efforts. “It’s gonna be a slog,” Ladd Everitt, spokesman for the Coalition to Stop Gun Violence, told MSNBC.

“The will is there,” Josh Sugarmann, executive director of the Violence Policy Center, told MSNBC. Sugarmann is a longtime gun control advocate who grew up in Newtown decades before this past December’s tragedy. “But the NRA is relentless,” he added. “They are out there in public. They are working behind the scenes, and that is what we are seeing right now.”

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[Correction: The story incorrectly refers to a pump-action, semi-automatic shotgun used in Aurora, Colorado. The weapon used was a pump action shotgun. As many readers pointed out in comments, a weapon could not be both. My apologies. FS]

Glenn Beck returns to the NRA as group strengthens ties with gun manufacturers

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Any remaining doubt about where the gun lobby may be headed after the Newtown Sandy Hook Elementary School shooting seems over now. NRA leaders have endorsed America’s most profitable gunmaking CEO, whose best-selling product is the same AR-15 rifle used by Adam Lanza inside the Sandy Hook school, to join the NRA’s governing board.

At the same time, NRA leaders are reaching beyond even Republicans to embrace Glenn Beck, who is now a self-described anti-GOP-establishment conservative.

This year, George Kollitides II, the chief executive officer of Freedom Group, America’s largest and most profitable consortium of gun manufacturing companies, has been selected as a candidate for the NRA board.

“He was put on by the Nominating Committee,” said Richard Pearson, one of the members of the NRA’s 2013 Nominating Committee who is not an NRA director, in a brief telephone interview with MSNBC from his office at the Illinois State Rifle Association. “We looked at the qualifications, and he was there.”

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