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Newslinks for 10/12/2023

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10mm vs 45 ACP
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The 10mm vs 45 ACP debate has been raging for decades. For about 70 years, the 45 ACP, also known as the .45 Auto, was the undisputed king of the hill among semi-auto pistol cartridges. However, for the last 40 years or so, most shooters have come to believe that the 10mm Auto deserves that distinction. Sure, you can find 357 and 44 Magnum auto-pistols, but these are unwieldy contraptions with limited practical applications. Both the 10mm and the 45 are popular in the 1911 pistol, as well as other great models; both are highly useful cartridges for a variety of purposes; and both have fascinating origins. So let’s take a close look at 10mm vs 45 ACP, and drill down on which is best suited for you needs.
 

NV: Police rule deadly shooting at Verdi home an act of self defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police have deemed a recently deadly shooting in Verdi an act of self defense.

Deputies responded to a home on the 3200 block Mario Drive at 3 a.m. on Sept. 26 on the report of a shooting.
 

KY: The US Supreme Court must not use the Second Amendment to protect domestic violence abusers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It is fitting that October is Domestic Violence Awareness Month and the opening of the U.S. Supreme Court’s new term. The Court has the opportunity to shut down the fallacious reasoning of some federal and state judges who have stripped domestic violence victims of life-saving protection.

Federal law prohibits persons who are subject to domestic violence restraining orders from purchasing or possessing firearms. Judges who have ruled otherwise offer an approach that is outrageous and disgraceful under any rational interpretation of the Second Amendment of the United States Constitution.
 

Federal law change ensures school hunting, archery education won't lose funding
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Earlier this year, hunting education advocates across the country came forward, saying the U.S. Department of Education’s interpretation of that section would prevent funds from going to hunting and archery programs.

Last month, Congress overwhelmingly approved a House bill that added an exemption, saying the restriction on funding doesn’t apply to programs that “provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts.” President Joe Biden signed the bill into law last week.
 

CA: Calif. Gun Advertising Law In Effect As State Seeks Rehearing
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A California law that bans any firearm advertisement that “reasonably appears attractive to minors” can be enforced pending the state attorney general’s petition for rehearing of the Ninth Circuit’s earlier decision on a preliminary injunction, the appeals court ruled Wednesday.

Gun and sporting organizations, including Junior Sports Magazine Inc. and Second Amendment Foundation, filed an emergency request with the US Court of Appeals for the Ninth Circuit to preliminarily block enforcement of the law until the state’s bid for rehearing is resolved. The panel denied the request Oct. 11.
 

OH: Ohio Bill to Ban State Enforcement of Federal Gun Control Gets Boost from House Speaker
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Rep. Mike Loychik and Rep. Jean Schmidt introduced House Bill 51 (HB51) on Feb. 15 and the bill has undergone numerous revisions since. The “Second Amendment Preservation Act” would ban state and local law enforcement officers from enforcing, attempting to enforce, or participating in the enforcement of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition that are not mirrored in state law.

On Tuesday, the House Government Oversight Committee held its sixth hearing on HB51 and approved the latest revisions to the language. According to NBC4, the bill is expected to be brought up for a vote in the next couple of weeks.
 

NM: Federal judge won’t block suspension of right to carry guns in some New Mexico parks, playgrounds
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge cleared the way Wednesday for enforcement of a public health order that suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metro area.

The order from U.S. District Judge David Urias rejects a request from gun rights advocates to block temporary firearms restrictions as legal challenges move forward.

It marks a victory for Gov. Michelle Lujan Grisham and her advocacy for temporary gun restrictions in response to recent shootings around the state that left children dead.
 

CA: ‘Laughably absurd’: Judge slams appeals court for giving California ‘blank check’ to restrict firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“All we get is a summary order, even after the Supreme Court directly ordered us to apply Bruen to this very case,” Bumatay said about Tuesday’s ruling, “The Constitution and Californians deserve better.”

Bumatay continued, chastising his fellow judges: “Three times now, the Supreme Court has warned courts not to treat the Second Amendment as a disfavored right,” and urging, “We should follow the Supreme Court’s direction.”
 

CO: New gun laws are unconstitutional and dangerous
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Aug. 7, we filed a lawsuit against Gov. Jared Polis for violating the Constitution by signing into law two anti-gun bills. One increases the age to purchase firearms from 18 to 21 years old. The other is a forced delay of three days before acquiring a firearm.

Rocky Mountain Gun Owners — another Colorado gun-rights group — called CSSA “grifters” for filing this suit, a difficult accusation to launch against CSSA’s all-volunteer board. Its reasoning? It filed its lawsuits against these measures, therefore CSSA’s are unnecessary.

But Rocky Mountain Gun Owners lost organizational standing on the age restriction bill and dropped its case against the waiting period bill, refiling it only after CSSA called it out.
 

TX: Murder charge dismissed against Houston man accused in shooting death of girlfriend's ex in 2020
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A murder charge has been dropped against a man once accused of fatally shooting his girlfriend's ex in 2020, records show.

According to court documents, the murder charge against Romanus Anthony Robertson was dismissed due to "insufficient evidence of defendant's guilt."
 

NJ: New Jersey faces challenge to 'assault' weapons ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Jersey is facing a challenge to its 'assault' weapons ban, with Second Amendment groups asking a federal judge to strike down the law.

In a new filing in U.S. District Court, the plaintiffs in three related lawsuits challenging New Jersey's ban and other firearm restrictions argue that the gun control measures are unconstitutional and request a summary motion in favor of their claims.

The lawsuits were filed by the Association of New Jersey Rifle, Pistol Clubs and Firearms Policy Coalition and others on behalf of gun owners who argue the state's 'assault' weapons ban violates the Second Amendment and a 2022 U.S. Supreme Court decision "upholding the right of honest citizens to carry firearms for personal protection."
 

FL: Two Men Shot Near Poarch As They Attempted To Rob Two Others, Sheriff Says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Two people were shot as they tried to rob two other people north of Atmore, according to Escambia County (AL) Sheriff Heath Jackson.

About 7 p.m. Sunday, the ECSO, Poarch Tribal Police and Atmore Police responded to a shots fired disturbance in the 7400 block of Jack Spring Road near the Poarch Creek Indian Reservation. They arrived to find two males suffering from gunshot wounds after they attempted to rob two other men, Jackson said.

“One of the victims was armed and after being threatened with a weapon, discharged his weapon at both suspects,” the sheriff said.
 

ND: Home Invasion: Naked Intruder Held at Gunpoint by Homeowner
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a revealing incident in Bismarck, N.D. a man allegedly invaded a residence while under the influence and without any clothes on. The homeowner, quick to respond, held the intruder at gunpoint until the police arrived on the scene.

The Bismarck police were alerted to a potential burglary on West Bowen Avenue in the early hours of Friday. Upon their arrival, they were met with the sight of the homeowner pointing a gun at the intruder, identified as Alvin Ducheneaux. This incident was not only shocking because of the nature of the intrusion but also because Ducheneaux was found in a state of undress.
 

NM: Judge won’t block suspension of right to carry guns in New Mexico
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge cleared the way Wednesday for enforcement of a public health order that suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metro area.

The order from U.S. District Judge David Urias rejects a request from gun rights advocates to block temporary firearms restrictions as legal challenges move forward.

It marks a victory for Gov. Michelle Lujan Grisham and her advocacy for temporary gun restrictions in response to recent shootings around the state that left children dead.
 

MA: Gun reforms keeping state safe
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Oh really, Jim? Tell that to the parents who lost 20 schoolchildren (and 6 adults) to a 20-year-old with an AR15 in 2012 at Sandy Hook Elementary School in Newtown, Connecticut, in 2012. Or the parents of the 19 children and two teachers slaughtered in Uvalde, Texas, in 2022 by a teenager with an AR15 semi-automatic rifle, and the 14 students and three adult staff members of the Marjorie Stoneman Douglas High School in Parkland, Florida, that were shot to death by another crazed teenager with an AR15 style semi-automatic rifle, Feb.14, 2018.

 

MA: Berkshire residents and officials join the debate at the statehouse during the public hearing on controversial proposed gun bill, HD.4607
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The bill, HD.4607, An Act Modernizing Firearm Laws, has sparked opposition in the Berkshires, with the Cheshire Select Board, Police Department and town leaders going so far as to send a letter to state Rep. John Barrett III, D-North Adams, asking him not to support HD.4420, the original iteration of the bill.

The bill proposes another step to apply for a gun license — namely, an interview with a police officer. It also proposes additional license qualification criteria: applicants cannot have a harassment prevention order against them, nor can they pose a risk to public safety/themselves. The bill would also essentially ban “ghost guns,” or untraceable, homemade firearms.
 

OH: A substitute Second Amendment ‘sanctuary’ bill has been introduced in Ohio with pared-back provisions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The original version of H.B. 51 included a lengthy list of what Republican sponsors believed were policies infringing on rights guaranteed by the Second Amendment. But a substitute version introduced in the house government oversight committee Tuesday removed many of those particulars, according to a summary of the bill by the Ohio Legislative Services Commission.

The substituted legislation also clarifies circumstances under which police would be able to use federal gun statutes, said Rep. D.J. Swearingen (R-Huron). Those include instances such as using the National Integrated Ballistic Information Network, working on an interagency task force or when pursuing someone who is considered violent and armed, Swearingen said.
 

NM: Second Amendment rights deserve protection
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Amendment is no different. The fundamental right to keep and bear arms must be protected for all Americans, wherever they live. Unfortunately, threats to the Second Amendment are on the rise. New Mexico Gov. Michelle Lujan Grisham launched one of the latest assaults on Americans’ freedoms by declaring through executive fiat a “public health emergency” in her state due to gun violence. This declaration empowers the New Mexico Department of Health to temporarily prohibit the open or concealed carry of firearms in Albuquerque and Bernalillo County.
 

CA: California's ban on high-capacity gun magazines can remain in effect, court rules
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A divided federal appeals court is allowing California's ban on magazines that hold more than 10 rounds of ammunition to remain in effect while the state appeals a judge's ruling finding it unconstitutionally violated the rights of firearms owners.

The San Francisco-based 9th U.S. Circuit Court of Appeals on Monday on a 7-4 vote stayed a judge's Sept. 22 ruling finding the state's ban violated gun owners' rights to keep and bear arms under the U.S. Constitution's Second Amendment.
 

TX: Federal judge rules Biden administration’s ban on pistol braces likely violates Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge in Texas declared the Biden administration's attempt at banning pistol braces is likely unlawful last week.

The lawsuit, brought by the Wisconsin Institute for Law & Liberty (WILL) on behalf of members of the National Association for Gun Rights Inc. and Texas Gun Rights, Inc., argued the rule put forth by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), that would require 40 million U.S. gun owners to place their name on a gun registry and pay a tax, is unconstitutional.
 

IL: After vagueness hearing, federal judge could strike down Illinois’ gun ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge who once ruled plaintiffs challenging Illinois’ gun and magazine ban may be able to prove their case now has the option of striking the law down based on the merits.

Illinois’ ban on more than 170 semi-automatic rifles, shotguns and pistols was enacted on Jan. 10. The law also bans the sale and possession of handgun magazines over 15 rounds and rifle magazines over 10 rounds. Firearms owners with such guns purchased before Jan. 10 have until Jan. 1, 2024 to register their firearms, attachments and .50 caliber ammunition, or face potential criminal penalties.
 

WY: Gun advocates’ attack on Wyoming donor disclosure law hits bullseye at 10th Circuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Wyoming Gun Owners paid the state's $500 fine and sued, arguing the law was vague and chilled its freedom of speech. While a federal judge rejected most of the organization’s facial vagueness arguments in 2021, the court found Wyoming’s law was not narrowly tailored enough to pass exacting scrutiny, and enjoined the state from forcing the Wyoming Gun Owners to disclose its donors.

Wyoming appealed. The gun owners filed a cross-appeal. The showdown was held in downtown Denver in January.
 

 QUOTES TO REMEMBER
It is difficult to maintain the illusion that we are interpreting a Constitution, rather than inventing one. — U.S. Supreme Court Justice Anthony Scalia, in his minority dissenting opinion in Nebraska vs. Carhart

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