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CO: Colorado Supreme Court rules failure to retreat doesn’t undermine claim of self-defense at trial
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Colorado Supreme Court on Monday overturned a woman’s conviction and 96-year prison sentence for stabbing a man on a Denver RTD bus, finding that the prosecution wrongly argued the woman couldn’t have reasonably acted in self-defense because she didn’t retreat from the confrontation.

The 5-2 decision is rooted in the state’s stand-your-ground precedent and finds that prosecutors cannot argue that a person’s failure to retreat from an encounter undermines the reasonableness of a self-defense claim.
 

CO: Colorado Supreme Court: Ban On High-Capacity Magazines Is Legal
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The state Supreme Court on Monday upheld a 2013 state law banning sales of high-capacity magazines, throwing out a years-long challenge by a gun rights group that the ban violates the state’s constitution.

State lawmakers passed the ban on magazines that hold more than 15 rounds in the wake of the 2012 Aurora theater shooting, in which 12 people died and 70 were injured. The shooter, James Holmes, used multiple weapons, including a semi-automatic rifle fitted with a 100-round drum, which jammed during the attack.
 

IN: Justices order new attempted murder trial after jury instruction ‘dilutes’ self-defense standard
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gammons was convicted, and the carrying verdict was merged with attempted murder. The Indiana Court of Appeals upheld his conviction, holding, without deciding the question of error, that any error in the jury instruction was harmless.

But in reversing both lower courts, the Indiana Supreme Court pointed to its prior ruling in Mayes v. State, 744 N.E.3d 390 (Ind. 2001). There, the justices, interpreting Indiana Code § 35-41-3-2, held that “there must be an immediate causal connection between the crime and the confrontation” to preclude a self-defense claim.
 

The 8 Best Hunting Guns that Double as Self-Defense Firearms
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Most people don’t need a reminder that the world isn’t always a safe place to live, and the topic of self-defense is as relevant as ever. Although seasoned shooters and outdoorsmen and women tend to roll our eyes at the sudden realization by many that having a gun for protection might not be a bad idea, they need direction and good information. Even among our salty ranks, self-defense continues to be a hot topic alway up for debate.
 

MO: What the 'Castle Doctrine' means in Missouri
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The couple has been identified as Mark and Patricia McCloskey. Both are attorneys who have defended their actions, saying they felt threatened by the "mob" that broke through the gate to their property and refused to leave. "The only thing that stopped the crowd was my rifle," Mark McCloskey told 5 On Your Side.

But according to Saint Louis University Lawyer John Amman, the couple's actions could possibly be classified as an assault by putting protesters in fear of their safety.
 

MO: Gov. Reeves defends couple who pointed guns at protesters, says they were ‘within their rights’
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gov. Reeves has voiced his support in favor of the couple seen pointing guns at protesters in Missouri over the weekend.

The group of more than 500 protesters had broken into the couple’s private St. Louis neighborhood Sunday night to find the home of Mayor Lyda Krewsom.
 

MO: St. Louis couple point guns at crowd of protesters calling for mayor to resign
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Two years ago, Mark and Patricia McCloskey made local headlines when they raised the curtain on the decades-long renovation of their palatial and historic St. Louis home.

On Sunday, the home was the backdrop of a different attention-grabbing scene: Mark brandishing a semiautomatic rifle as protesters en route to the mayor’s home approached nearby. Patricia, a few feet away, was seen pointing a pistol at the crowd, her finger directly on the trigger.
 

MA: How Police Abuse the Charge of Resisting Arrest
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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When would Floyd have been able to exercise his right to self-defense against the officers who refused to let him breathe? He was handcuffed before he was on the ground; he was already unable to defend himself. The moment Floyd’s resistance would become lawful is precisely the moment it is too late, the moment he can no longer defend himself. The right to self-defense in these interactions is thus a fiction: it gives the illusion of accountability but in fact protects no one.
 

GA: Georgia mayors call on state lawmakers to repeal and replace ‘Stand your Ground’ law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Ten mayors across Georgia are calling on state lawmakers to repeal the states ‘Stand Your Ground’ law.

The mayors, including Savannah Mayor Van Johnson, say the killing of Ahmaud Arbery in February renewed the calls to repeal the law.

In the letter, they say the current law upends centuries of traditional self-defense doctrine and threatens public safety by encouraging armed vigilantism. The argument is the law allows a person to kill another in public even when they can clearly and safely walk away from the danger.
 

No-knock warrants endanger citizens, police
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Breonna Taylor was shot to death by police in her own home on March 13 in Louisville, Kentucky. And she has yet to receive justice. She was the victim of a legal police operation: the “no-knock” warrant, which allows law enforcement to forcefully enter a person’s home without announcing their presence.

This tactic startles people into unplanned reactions, resulting in the deaths of police and bystanders alike. They’re currently legal in Michigan — but they shouldn’t be.
 

When Can You Threaten Deadly Force as a Defensive Tactic?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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This question is in the news because of the St. Louis controversy (see, e.g., here and here); but I thought I'd discuss it more broadly, because the answer is surprisingly unsettled.
 

SC: Sumter's 1st indoor gun range, Ricochet Range, opens on U.S. 15
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It was a process nearly three years in the making, but an indoor firearms range is now open to members for the first time in Sumter.

Rob and Megan Richards, co-owners/co-operators of Ricochet Range, sat down last week to discuss the recent opening of the indoor gun range, which comes with a 10-lane training bay range, a state-of-the-art target retrieval system, a "smokeless range" simulator, classrooms and a retail area.
 

Smith & Wesson Performance Center Develops Awesome Legacy Knives
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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American Outdoor Brands(AOB) is the home to some of the industry’s most storied brands. AOB has announced that they will be splitting the outdoor products and accessories business away from the firearm manufacturing in the late summer of this year to create two independent, publicly-traded companies. Over the two days I spent at AOB checking out designed from the Smith & Wesson Performance Center, it was clear there is a genuine passion amongst the people in the building for what they are producing and who they help in the field. It’s hard to achieve that at times with companies in size, such as theirs.
 

MO: There's an Interesting Twist Concerning the St. Louis Couple Who Defended Their Home from Lefty Trespassers
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The memes from this incident have been nothing short of epic, but you cannot blame the McCloskeys and they’re not going to be the only ones who react this way when left-wing goons trespass onto people’s property. For weeks, we’ve had a left-wing mob loot, vandalize, and assault police in cities across the country in the wake of the officer-involved fatality of George Floyd in Minneapolis on May 25. New York City was mayhem. Minneapolis all but burned to the ground.
 

The NRA Fights Back As Gun Controllers Dismiss The Second Amendment As “Nonessential”
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The NRA has always been guided by a simple premise: The right to keep and bear arms was recognized as essential in 1791, when it was officially adopted into our Constitution, and no public official has the authority to revisit that decision.
So while the COVID-19 outbreak has changed many aspects of American life in the last several months, your NRA has not only remained steadfast in ensuring that the Second Amendment does not become a casualty of the virus, we’ve forged ahead in securing our rights against future infringements.
 

Trump Hits Judicial Milestone
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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This week, President Donald Trump’s 200th judicial nominee was confirmed; Judge Cory Wilson of Mississippi. Wilson will join the U.S. Court of Appeals for the Fifth Circuit. Trump has now filled all federal circuit court vacancies, and appointed more appellate judges than any other president at this point in his presidency. He is closing in on making as many circuit court appointments as President Obama made throughout his two terms in the White House.
 

Below The Radar: The NICS Review Act
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The National Instant Check System has been a point of contention among Second Amendment supporters since the passage of the Brady Act in 1993. Some view it as an infringement and a “compromise.” Others viewed it as averting a far worse situation.

It goes without saying that at a bare minimum, the system clearly needs fixes, and the Firearm Due Process Protection Act is something that should be passed as soon as possible. But anti-Second Amendment extremists have hated the National Instant Check System, too. Why?
 

Va. Judge rejects challenge to one-handgun-a-month law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Virginia judge on Thursday rejected a challenge to the state’s one-handgun-a-month law scheduled to go into effect on July 1.

Attorney General Mark Herring’s office released a statement announcing the decision by Goochland Circuit Court Judge Timothy K. Sanner, who said pro-gun lobbyists would not succeed in their argument to the court that the law is unconstitutional.
 

Innocence and Proportionality: Self-Defense Considerations during Civil Unrest
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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By its very nature, a crowd can be unpredictable and dangerous. Currently, our nation is again swept with civil unrest. For the armed citizen, the best solution to dealing with such demonstrations is to avoid them at all costs. However, it is possible to get caught in the middle of a demonstration through no fault of your own. If forced to defend yourself in such a situation there are several legal considerations that should be foremost on your mind. Dealing with the anxiety created by a large and aggressive crowd can lead to poor decision making.
 

 QUOTES TO REMEMBER
The supposed quietude of a good mans allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside...Horrid mischief would ensue were one half the world deprived of the use of them... — Thomas Paine, I Writings of Thomas Paine at 56 (1894).

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