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Welcome to 2-Tiered America
Submitted by: Mark A. Taff
Website: www.marktaff.com

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De-banking—the politicization of lines of credit and the severing of basic financial services to “controversial” conservatives—is already very much here to stay. Just ask (recent congressional candidate) Laura Loomer about PayPal, or ask the spirited Canadian truckers (remember them?) about GoFundMe. In recent years, moreover, conglomerates such as Bank of America have stopped lending to certain firearms manufacturers—the very defenders, in this case, of the Second Amendment. Other examples abound.
 

NY: New Concealed Carry Law in New York and Gun-Free Zones in Times Square
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The law establishes additional limitations including new eligibility requirements for those seeking concealed carry permits and a more expansive disqualifying criteria (i.e., an interview with a licensing agency, firearms safety training, storage requirements in vehicles). The Concealed Carry Improvement Act took effect on Sept. 1, 2022.
 

CA: Ninth Circuit sends case challenging California's 'draconian' gun law to lower court, citing SCOTUS ruling
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Wednesday, the Ninth Circuit Court of Appeals vacated and remanded its own opinion in Jones v. Bonta, which challenges California’s state law banning certain gun sales to people under the age of 21.

It asked the district court to reassess its decision favoring the law in light of the high court's opinion in New York State Rifle & Pistol Association Inc. v. Bruen. That decision concluded that a New York state law requiring citizens to show "proper cause" for self-defense to obtain a concealed carry permit was unconstitutional.
 

Lies, Damn Lies and President Joe Biden
Submitted by: Mark A. Taff
Website: www.marktaff.com

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If the old chestnut concerning “lies, damn lies and statistics” was referring to a U.S. president, it would almost certainly be current President Joe Biden (D).

That fact was proven, once again, during the president’s late-August campaign-style appearance in Pennsylvania. Speaking to an audience at Wilkes University, Biden made another one of his preposterous statements about the AR-15—a type of semi-automatic rifle that he loves to hate and wants to ban.
 

The Largest-Ever Survey of American Gun Owners Finds That Defensive Use of Firearms Is Common
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The largest and most comprehensive survey of American gun owners ever conducted suggests that they use firearms in self-defense about 1.7 million times a year. It also confirms that AR-15-style rifles and magazines that hold more than 10 rounds, frequent targets of gun control legislation, are in common use for lawful purposes, which the Supreme Court has said is the test for arms covered by the Second Amendment.
 

TN: Gun Rights Group Amends Lawsuit To Lower Tennessee Constitutional Carry Age To 18+ After Texas Victory
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A gun rights group filed an amended complaint Wednesday in its lawsuit seeking to lower the age requirement of Tennessee’s constitutional carry law to adults age 18 and older.

The Firearms Policy Coalition (FPC) filed an amended complaint in its Tennessee lawsuit after winning a similar case in Texas last month. FPC sued Tennessee last year after the state passed a law allowing residents age 21 and older to either open or concealed carry a handgun without a permit.
 

NY: New code, backed by NY lawmakers, will help credit card companies track gun purchases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Credit card providers categorize purchases with merchant category codes for different types of retailers. There are unique codes for many kinds of stores and service providers, including sporting goods stores, women’s accessory stores, and shops for candy, nuts, and confectionery. But until now, there has been no separate code for firearm retailers. Instead, they have typically been grouped into a “miscellaneous” category that also includes party supply stores and sunglasses shops, or a “durable goods” category that also tracks purchases at stores specializing in gas lighting fixtures and musical instruments, according to a Mastercard reference booklet.
 

MT: In support of Brown for Montana Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I have personally known Jim Brown for 10-plus years. He is a fourth generation Montanan and practicing attorney in Montana for 17 years, representing farmers, ranchers and small businesses around the state.

Jim stands for those foundational values our state was built on, a Constitutionalist who believes in the law as it was written and not a convenient interpretation. He is also a strong defender of the Second Amendment and law enforcement.
 

UPS Threatens to Cancel Service for Most of the Gun Industry
Submitted by: Mark A. Taff
Website: www.marktaff.com

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UPS has stepped up its anti-gun campaign by requiring online sellers to ship an average of 50 handguns daily to use its 2nd Day Air service.

Sellers who do not ship at least 350 handguns a week risk losing their shipping accounts. Under the new agreement, UPS is only required to give customers a ten-day notice before cutting them off from the shipping service. The volume necessary means that most online retailers and manufacturers are now cut off from shipping guns through the carrier unless the handgun is shipped using the expensive Next Day Air service.
 

HI: Hawaii Supreme Court Issues Watershed Ruling in Case Where Man Was Illegally Prosecuted for Murder
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Prosecutors in Hololulu then made their case to a grand jury. But the circumstances of the case apparently did not lend themselves to a story that grand jurors would indict on. And, in the end, they didn’t.

“The grand jury returned a no bill,” Hawaii Supreme Court Justice Todd W. Eddins explains in the majority opinion. “It did not think there was probable cause to believe Obrero committed any of the charged crimes. And it voted against allowing the State to subject Obrero to the indignity, expense, and stigma of a criminal prosecution.”

But, the court notes, the state “was undeterred.”
 

OH: 'I didn't ask for this': Man accused of shooting woman in West Chester claims she lured, tried to rob him
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Charges were dropped against 33-year-old Courtney Montgomery after a police investigation revealed he may not be the party to blame for a shooting that left a woman wounded in a West Chester apartment on Wednesday.

Montgomery will be freed from police custody after a judge ruled Friday afternoon that all charges against him be dismissed because investigators and prosecutors said they discovered conflicting evidence in the case.

"I didn't want none of this," Montgomery said in Butler County's Area III Court. "I didn't ask for none of this ... I didn't ask for this."
 

IL: Fall special session on assault weapons ban unlikely, but G-PAC demands action
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Gun Violence Prevention PAC says it appears there isn’t the political will to call a special session to ban assault weapons and high-capacity magazines before the November election. President and CEO Kathleen Sances said Friday there is a public outcry to pass those initiatives as soon as possible.

Bills are already filed in both chambers, but there clearly isn’t enough support. Sances explained her organization knows of 58 representatives and 17 senators willing to vote for the ban. These proposals would need support from 71 representatives and 36 senators in order to pass.

“Although the public is asking for these protections, we have lawmakers in districts who aren’t there yet,” Sances said.
 

CA: Judge Benitez Sets Time Limits for Briefs on California Assault Weapon Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The California government said they did not seek to delay the proceedings and then requested to delay the proceedings for a minimum of seven months, until March 3, 2023.

Judge Benitez did not grant them seven months. He allowed 45 days for new briefs to be submitted (until mid-October). Then another 15 days for briefs to be submitted in response to those briefs (end of October 2022). From the court record:
 

OH: Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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From yesterday's Ohio Supreme Court decision in State v. Philpotts, where one underlying question is whether a ban on gun possession by people who have been indicted but not yet tried for a "felony offense of violence" or felony drug offense violates the Second Amendment:

Sua sponte, parties ordered to file supplemental briefs [within 14 days] addressing the impact, if any, of New York State Rifle & Pistol Assn., Inc. v. Bruen (2022). Supplemental briefs are not to exceed 20 pages, and each side's brief shall be filed within 14 days….
 

FL: Charlie Crist Tells ‘The View’ He Believes In The Second Amendment, But Wants To Ban ‘Assault Weapons’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Florida Rep. Charlie Crist, the Democratic gubernatorial opponent of Republican Florida Gov. Ron DeSantis, told “The View” Friday that he supports the Second Amendment but wants to ban “assault weapons.”

The panel asked Crist, a former Republican, about previously opposing abortion, amnesty for illegal immigrants and gay marriage. The Florida gubernatorial candidate said he changed position and currently supports all of these issues.
 

CT: Candidates clash over gun control as group sues over Connecticut’s assault weapons ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Legal analysts expected a lawsuit after a U.S. Supreme Court ruling this summer established a tougher standard for gun restrictions.

Gov. Ned Lamont is vowing to fight the lawsuit.

“When it comes to the safety of the people of our state, we must stand up and do what is right,” he said. “That is why I proposed strengthening, not weakening, our assault weapons law earlier this year.”

Democrats hope the lawsuit energizes voters. On Friday, they held a news conference with violent crime victims at a memorial garden in New Haven.
 

IN: ‘Faster than 911’: Gun store’s billboard overlooks playground in Indiana
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A billboard for a gun store, located near a playground in Indiana, has drawn mixed reactions on social media. The yellow-orange billboard for ZX Gun shows a large handgun next to the words, “Faster than 911,” photos posted Sept. 3 on Facebook show. The advertisement can be seen from Promenade Park in downtown Fort Wayne. On social media, the billboard’s content and location have drawn strong — and mixed — opinions. One person commented, “this billboard [is] a subliminal message of fear and gun violence.” “This made me sick,” another person said
 

FL: Giffords Florida bus tour comes to the Tampa Bay area
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Some are asking if gun safety can be an issue that benefits Florida Democrats at the ballot box in November.

Officials with the gun safety group Giffords Florida said it’s an issue that voters in the Sunshine State, particularly Hispanic voters, care deeply about, as the group’s bus tour made stops in St. Petersburg and Tampa on Friday morning.
 

 QUOTES TO REMEMBER
You must understand, therefore, that there are two ways of fighting: by law or by force. The first way is natural to men, and the second to beasts. But as the first way often proves inadequate one must have recourse to the second. — Niccolo Machiavelli in "The Prince."

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