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Newslinks for 9/23/2021

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2021 Gun Rights Policy Conference This Weekend
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The 36th Annual Gun Rights Policy Conference (GRPC 2021) will be held virtually online September 25th & 26th, 2021. This year’s theme is SAVING FREEDOM!

We will be on multiple platforms including YouTube and Facebook.

Join almost 6000 Gun Rights Activists for GRPC this weekend. Below is the barebones agenda. Details, titles and contact information will be added tomorrow.

Watch On Youtube
 

MO: St. Louis homeowner shoots and kills intruder
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Police have identified the intruder as 58-year-old Michael Norman.

Officials say the homeowner had a self-inflicted gunshot wound to his hand and that the other man was found near the entrance to the home with several gunshot wounds.

Police took both men to the hospital. The man who entered the home died.

The Circuit Attorney’s office refused charges of second-degree murder and armed criminal action citing self-defense.
 

GA: Jury acquits Gage Dalphonse of murder in fatal shooting at Auburn Walmart
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It took a jury just over three hours to acquit a 23-year-old Auburn man of murder in the 2019 shooting in the Auburn Walmart parking lot.

Eight women and four men also found Gage Dalphonse of Crest Avenue in Auburn not guilty of manslaughter.

Jean Fournier, 41, of Turner was shot twice in the back July 27, 2019, in the Walmart parking lot on Mount Auburn Avenue.

Dalphonse claimed he acted in self-defense after Fournier walked over to his parked car to demand he apologize to his girlfriend for calling her an expletive and then hit him in the mouth.
 

NY: Law Department Asks SCOTUS to Uphold Handgun Licensing Requirement in Amicus Brief
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The New York City Law Department has asked the U.S. Supreme Court on Wednesday to uphold a state law imposing strict limits on who can carry a handgun outside of the home.

In an amicus brief filed Tuesday, lawyers for the city argued that New York’s so-called “proper cause” licensing requirement, which requires concealed-carry applicants to show a special need for self-defense, was needed to protect residents from a rise in gun violence.
 

NY: New York City Files Amicus Brief in Major Second Amendment Gun Case Before the U.S. Supreme Court
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Mayor Bill de Blasio and New York City Corporation Counsel Georgia M. Pestana today announced the filing of an amicus brief with the U.S. Supreme Court in a Second Amendment case that could significantly impact the City’s ability to regulate the presence of concealed handguns in the City. The City’s amicus brief details the serious threat New Yorkers could face, especially those living within the City, the densest and most populous big city in the nation, if licensing officials were not able to assess proper cause.
 

OK: Man Flees Scene After Protecting Himself with a Knife
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The unknown man severely stabbed Sexton in the neck, and he quickly bled out before emergency personal arrived. The unknown man fled the area, but the Police tracked him down, questioned him, and then he was released.

There are very few details about this, and I reached out to the Tulsa police department for more information but was unsuccessful.

Although this one is not a concealed carry case, it brings up something to remember. After any self-defense situation, do not flee the scene. Fleeing the scene is going to cause more problems and make your actions questionable.
 

NY: Stopping flow of illegal weapons should unite both sides in gun debate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In marching from East Ferry Street and Fillmore Avenue to Martin Luther King Jr. Park at 2 p.m., they also will do so in a heavily African American neighborhood. The locale highlights the fact that Blacks in Buffalo are the vast majority of those who both pull the triggers and get hit by the bullets – despite having no gun factories anywhere around.

That’s why the march’s focus is the federal Tiahrt Amendments, named for the former Kansas congressman who sponsored them. Though somewhat loosened over time, those provisions still prohibit the federal Bureau of Alcohol, Tobacco, Firearms and Explosives from giving the public – including cities, states, researchers and litigants – access to the gun trace data it collects.
 

VA: Court dissolves gun rights ruling on sales to people under 21
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A federal appeals court on Wednesday vacated a gun rights ruling from July finding unconstitutional laws that prevent young adults under age 21 from buying handguns.

A panel of the U.S. Court of Appeals for the 4th Circuit dissolved its ruling because the Virginia woman who initially brought the lawsuit turned 21 before the decision became official.

“Despite efforts to add parties and reframe her claimed injuries, it is too late to revive this case. So it must be dismissed as moot,” wrote Judge Julius N. Richardson, author of the court’s initial opinion.
 

11 Examples of Defensive Gun Use That Bid ‘Good Riddance’ to Biden’s ATF Nominee
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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President Joe Biden last week withdrew his nomination of prominent gun control activist David Chipman to head the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Biden’s move came after months of bipartisan concern over Chipman’s advocacy of severely restrictive gun control measures, his controversial statements appearing to mock new gun owners, and allegations of racist conduct during his time as an ATF agent.
 

The Best Moose Hunting Rifle? Sometimes It’s a Beater, Ruger M77 Guide Gun
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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September is a special time in interior Alaska. It’s a short-lived transition between summer and winter, often with clear skies, frosty mornings, yellow falling leaves, and grunting bull moose. For a hunter, it’s paradise. And for many Alaskan hunters, moose camp is the most anticipated, most painstakingly prepared for, and most sentimentally valued hunting trip of the year. It’s a time to have fun, collect hundreds of pounds of meat, and hopefully not do too much overthinking.

But leading up to this year’s hunt, I was doing just that. For the life of me, I couldn’t decide what rifle I wanted to take moose hunting. This shouldn’t be a complicated issue, as anything from a .243 Win to a .375 H&H will work just fine.
 

ID: Backpacker Uses .45 to Stop Attacking Moose
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The moose tore apart the campsite and charged at the camper and his dog. The camper hid behind a tree, but the moose did not stop charging. The camper discharged a firearm at the moose in self-defense from close range, according to the release. Fish and Game responded to the incident and located the deceased moose.

The Forest Service has closed the Harrison Lake trailhead to hikers to prevent possible conflicts between hikers and any bears that may feed on the carcass. The trailhead will be closed for a week.

It’s unclear whether the dog was leashed or not but it was in the man’s camp, IDFG spokeswoman Kara Campbell said. A .45 caliber handgun was used, Campbell said.
 

Harvard Researcher: About Half of New Gun Owners are Women
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a blow to the tired stereotypes perpetuated by gun control supporters, a recent academic survey found broad diversity among recent first-time gun buyers. The findings bolstered what many observers had anecdotally discovered, the last year-and-a-half’s pandemic and civil unrest-fueled record-breaking gun sales.
 

NY: New York City Files Brief In Gun Rights Case Before Supreme Court
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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New York City filed a brief in court Wednesday concerning a Second Amendment case the Supreme Court is set to take up.

The case brought by the NRA centers on whether the Constitution guarantees the right to carry guns outside the home.

The city’s brief says this could threaten the ability to regulate concealed handguns in the city.
 

CA: Federal judge — somewhat reluctantly — upholds California law banning billy clubs
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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But the judge also identified several gray areas in the law.

What qualifies as longstanding in this sense "lies in an area where maps are yet to be drawn," he wrote.

He also expressed discomfort with having to end his constitutional analysis at the first step.

"Why should a longstanding regulation be kept permanently beyond the reach of constitutional review?" he wrote. By continuing to uphold firearm restrictions without further analysis, "a longstanding firearm restriction may be left stuck in the past, only because it has not been challenged before the present."
 

MA: AG Healey Urges Supreme Court to Uphold the Right of State and Local Governments to Regulate the Public Carry of Firearms
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Massachusetts Attorney General Maura Healey joined 19 attorneys general in urging the U.S. Supreme Court to affirm that the Second Amendment does not prohibit states and local governments from regulating the public carry of firearms in their jurisdictions, as they have done for hundreds of years.

The brief, filed Tuesday in New York State Rifle & Pistol Association, Inc. v. Bruen, supports Kevin Bruen, the New York State Police Commissioner, and the state’s law regulating when individuals can obtain a license to carry firearms in public.
 

MI: Nessel, Benson Look To Limit Possession Of Firearms In Public
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Attorney General Dana Nessel joined a coalition of 19 state attorneys general in filing an amicus brief in the U.S. Supreme Court defending New York’s law regulating when individuals may obtain a license to carry firearms in public.

Secretary of State Jocelyn Benson also affirmed support for the regulation given her stance on preventing open carry at election polling locations.
 

NY: March For Our Lives’s Corlett Amicus Brief Is a Non Sequitur
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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This is one long non sequitur. The issue at stake in this case is whether New York’s “may issue” carry regime — which allows the state to deny concealed-carry permits to law-abiding citizens if it considers that they lack “proper cause” — is so strict as to be unconstitutional under the Second Amendment. It is not whether firearms are dangerous. Like everyone else in America, the Court knows full well that they are.

Indeed, harrowing though they are, the stories being relayed here do not even intersect with the case at hand — which, again, is about whether cities and states are allowed to deny carry permits to those who are legally eligible but who have failed to demonstrate subjective “need.”
 

TX: A new Texas law fights Big Tech censorship. Last week showed why we need it.
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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If a social media company can apply double standards based on someone’s position of power or influence, as in the case of Facebook, what is to stop it from censoring a mother from Beaumont for sharing her religious beliefs or a rancher from Amarillo supporting the Second Amendment? The answer is nothing — unless we fight back against Big Tech censorship and hold these companies accountable.

That is exactly what Texas has achieved with this new law.

Under the law, Texans who are wrongfully de-platformed or censored can file a lawsuit against the social media site to get back online and make the site pay their legal fees. The Texas attorney general can likewise file a lawsuit on behalf of any Texan who is wrongfully de-platformed.
 

IL: Year-long waits for FOID cards
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Why? His Firearm Owner's Identification, or FOID card, had expired. And although he applied for a renewal, the state was slow to process his application.

"It took them one year, four months to process my FOID card and one year, two months to process my concealed carry permit," Urfer said.

The state law mandates that FOID cards be processed within 30 days. Concealed carry permits are required to be processed within 90 days if applicants submit their fingerprints or 120 days if they do not. Urfer did submit his fingerprints for expedited processing.
 

Curious Relics #022: The Winchester Liberator Shotgun!
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Winchester was optimistic that the Liberator shotgun would eventually be picked up in some way akin to military adoption and usage, but this never came to pass. They sunk so much time and money into this extremely cheap four-barreled shotgun because it was intended to only cost about $20 to make. The lack of military interest led to Winchester attempting to get the attention of security and police forces by sending out all sorts of advertisements on their new Winchester Liberator Shotgun. There are mentions of it being a sort of survival gun, a less-lethal gun, or just an all-around good easy-to-use, self-defense weapon.
 

SC: Greenville County Council notes: County becomes Second Amendment sanctuary
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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At its Sept. 21 meeting, Greenville County Council unanimously approved an ordinance designating the county as a Second Amendment sanctuary.

What was expected to be an uneventful vote met with a brief hiccup when councilman Steve Shaw proposed an amendment that clarified some of the ordinance’s language. The council had adopted rules earlier this year requiring proposed amendments introduced at third and final reading be submitted in writing in advance.
 

VA: Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In July, in Hirschfeld v. ATF, a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that the right to keep and bear arms enshrined in the Second Amendment applies to 18-20 year olds. Observers expected the Fourth Circuit might rehear the case en banc. Instead the decision has been vacated as moot, as none of the plaintiffs are 18-to-20-years old anymore. [Here are prior posts on the case from me and Eugene.]
 

 QUOTES TO REMEMBER
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.— Benjamin Franklin Historical Review of Pennsylvania. [Note: This sentence was often quoted in the Revolutionary period. It occurs even so early as November, 1755, in an answer by the Assembly of Pennsylvania to the Governor, and forms the motto of Franklin's "Historical Review," 1759, appearing also in the body of the work. — Frothingham: Rise of the Republic of the United States, p. 413. ]

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