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Newslinks for 10/14/2022

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NY: Gunfight over state’s concealed carry law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The U.S. Court of Appeals for the Second Circuit on Wednesday ordered a stay on a temporary restraining order that would have at least temporarily stopped New York State from enforcing many of the concealed firearm permit laws passed in July.

U.S. District Court Judge Glenn Suddaby on Oct. 6 issued a temporary restraining order blocking enforcement of many provisions of the Concealed Carry Improvement Act, while letting others stand. He granted three business days before it took effect to allow time for an appeal.
 

IL: Security Guard Shoots Another Security Guard Because Of Pat Down
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Over the weekend, a security guard who was also a concealed carry holder was working at a Chicago Nightclub and allegedly shot and killed one of his co-workers. He is claiming it was self-defense, but this is a case worth breaking down because it brings to light a lot of things from your past that can come back to haunt you.
 

Following Supreme Court’s Lead, Judge Finds Right to Remove Serial Numbers From Guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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For decades, federal law has forbidden gun owners from scratching out the serial numbers that manufacturers are legally required to place on firearms. The reason is obvious: These serial numbers help state and federal law enforcement trace guns that are used in crimes and identify suspected shooters. Indeed, the only apparent reason anyone would remove a serial number is to avoid becoming a suspect after their gun is used illegally. On Wednesday, however, a federal judge ruled that the law prohibiting alteration of serial numbers violates the Second Amendment. Why? Because serial numbers were virtually nonexistent when the amendment was ratified in 1791, so the government has no power to mandate them today.
 

Judge Rules Federal Ban on Guns With Removed Serial Numbers Is Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A judge has ruled that a federal law banning guns that have had their serial numbers removed is unconstitutional.

The law at issue prohibits any person from transporting a gun with the serial number “altered, obliterated, or removed,” across state lines. It also prohibits them from possessing such a gun if it has ever been transported across state lines.

Serial numbers were first required by the federal Gun Control Act of 1968 to allow guns to be traced. They were adopted in an effort to prevent illegal gun sales.
 

NJ: Durr Statement on Democrat Leadership’s Gun Proposal
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“We’ve yet to see a draft of the bill, but based on what the Democrat Legislative Leaders described today, it is clear their intent is to override the Constitution and the U.S. Supreme Court’s recent decision in Bruen.

“We have the strictest gun laws in the country, and this is yet another clear example of the Democrats’ open hostility to the Second Amendment and the Constitution as a whole. Protecting public safety also includes protecting the individual right to self-defense, yet Democrats take every opportunity to prevent people from protecting themselves.
 

PayPal polices 'intolerance,' even after free speech backlash
Submitted by: Mark A. Taff
Website: www.marktaff.com

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PayPal maintains policies that penalize users for "intolerance," even after being forced to abandon similar rules policing misinformation, creating unease among free speech advocates.

PayPal attracted ire last weekend when it published an update to its Acceptable Use Policy, including updates that labeled " misinformation " a category of content that could lead to financial penalties of $2,500.

PayPal responded to the backlash by withdrawing the update and labeling it an "error." However, the company continues to rely on guidelines that provide for penalizing users for speech deemed intolerant or discriminatory.
 

Public Housing Complexes May Not Ban Gun Possession by Tenants
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Note that the court doesn't resolve whether much more modest restrictions, such as requirements that any guns be loaded with rounds that are designed to minimize the risk of going through walls, might be constitutional. (The government as landlord does have some extra power, stemming from its ownership interests, to control behavior on its property, including constitutionally protected behavior, though the court pointed out that this power is not unlimited.)
 

The Case for the Ruger SR22—The Small But Mighty Handgun
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There’s a lot of talk about big, powerful handguns on the market these days. But what if you’re looking for something small and functional? That’s where the Ruger SR22 comes in.

Let’s take a closer look at the Ruger SR22 and see why it might be the right choice for you.
 

IA: Public Measure 1 would eliminate ‘current and future common-sense gun laws’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Linn County Attorney Nick Maybanks was blunt in his assessment of Public Measure 1, which would amend the Iowa Constitution in a way that would stop most attempts to regulate guns in the state.

“This amendment is a wolf in sheep’s clothing,” Maybanks said at a news conference on Tuesday at the Cedar Rapids Public Library. “This amendment is not about freedom, it’s about more senseless violence. This amendment is not about embracing any rights, it’s about seizing power from future generations.”
 

NY: Dutchess Dems should condemn AG for racism
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Legislator Giancarlo Llaverias’ bogus claims of racism against the citizen who wished to exercise their specifically enumerated civil right to carry a gun for personal protection in Poughkeepsie demands a response.

It is perfectly understandable that people, including “the black and brown community”, would want to carry guns for self-defense given the high-profile murder of a Marist student’s father at the Courtyard Marriott.

Real discrimination and racism can be found in Attorney General Letitia James’ defense of Governor Hochul’s new gun control law.
 

Mexico: Mexican priest known as "Father Pistolas" suspended after he advised parishioners to carry guns to fight off drug cartels
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Mexico's Roman Catholic Church has suspended a controversial priest who has advised parishioners to carry guns to fight off drug cartels. Better known as "Father Pistolas," Rev. Alfredo Gallegos is a priest in the violence-plagued western state of Michoacan who has himself sometimes carried a weapon.

A circular from the Archdiocese of Morelia, the state capital, instructed other priests not to allow the Rev. Gallegos to celebrate Mass.
 

TN: Tennessee court upholds Second Amendment rights for public housing tenants
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a landmark decision, a state appellate court on Thursday ruled public housing landlords cannot bar tenants from possessing guns in their residences.

The first-of-its-kind ruling by the Tennessee Court of Appeals means public housing authorities across the state can no longer prohibit tenants from having guns as a condition of their leases. The decision comes in a case in which the Columbia Housing and Redevelopment Corporation in Maury County evicted tenant Kinsley Braden after discovering he had a gun inside his Creekside Acres apartment.
 

NY: A Bishop and a Reverend Just Sued New York Over Church Carry Bans
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Two members of the clergy, working with gun rights groups, a seeking to strike down the Empire State's mandatory "gun-free zones" in places of worship.

A federal lawsuit filed in a Buffalo courtroom this week names New York State Police Superintendent Kevin Bruen, Niagara County District Attorney Brian Seaman, and Erie County District Attorney John Flynn as defendants when it comes to a challenge on the state's new law banning lawful concealed carry in "sensitive places," namely churches. The plaintiffs are Reverend Dr. Jimmie Hardaway, Jr. of Niagara Falls, and Bishop Larry Boyd of Buffalo, both leaders of Baptist churches, in a suit supported by the Firearms Policy Coalition and the Second Amendment Foundation.
 

How To Begin Your Concealed Carry Journey
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The last three years have shown that, ultimately, we’re responsible for our safety. Violent crime is on the rise, and in many areas of the country, the legal system is failing victims. Because of this, more people are turning to concealed carry to protect themselves and their families.

I’ve been carrying concealed for about a decade, and I can’t imagine not doing it anymore. It’s a privilege to live in a country with well-trained law enforcement officers, but the reality is that police can’t be everywhere at all times. Concealed carry is one of the best ways to ensure you can be your own first responder.
 

Requirement of Serial Numbers on Guns Violates Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I appreciate the court's careful analysis, and I'm glad it takes Second Amendment rights seriously. But I think Bruen provides more room for regulations such as this, which have very little effect on people's ability to keep and bear arms. This is particularly clear in footnote 9 to the majority's opinion, which upheld licensing requirements for carrying guns:
 

Why I’m Leaving The Democratic Party
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Today’s Democratic Party does not believe in our constitutionally protected right to bear arms. Our founders passed the Second Amendment out of a recognition that every one of us has a right to defend ourselves and our loved ones, and to serve as a check on a tyrannical government seeking to take away our God-given freedoms. The Democratic Party’s hatred of the Second Amendment and their increasing authoritarian instincts pose a serious threat to our freedoms. “Hell yes, we’re going to take your AR-15, your AK-47,” Beto O’Rourke said at a debate when he was running for president. Our founders intentionally passed the Second Amendment right after the First Amendment.
 

LA: Woman Shot 3 Times In Self-Defense During Home Invasion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Paige Clark was shot by a homeowner in self-defense, after she accidentally woke them up during a home invasion, according to

Around 2 a.m. on October 11, Clark attempted to enter the home on Friendship Road in Livingston Parish. Her attempted entry caused a “popping” sound under their carport that woke up the homeowners.
 

NY: Stefanik, Tenney Introduce Resolution Condemning New York’s Concealed Carry Law As Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Congresswoman Elise Stefanik and Congresswoman Claudia Tenney today introduced a resolution expressing the sense of the House of Representatives that New York State’s Concealed Carry Improvement Act (CCIA) is unconstitutional. The CCIA was rushed through the state legislature and signed by Governor Hochul on July 1, 2022 in response to the U.S. Supreme Court’s ruling in NYSRPA v. Bruen, which overturned the state’s previous unconstitutional concealed carry law.

Last year, Stefanik joined Tenney in sending an amicus brief in support of the plaintiffs in NYSRPA v. Bruen.
 

Gun safety saves lives — and isn’t controversial
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With just weeks to go before one of the most consequential midterm elections in American history, the airwaves are flooded with images of candidates brandishing guns, our social media feeds are filled with declarations that the Second Amendment is under siege, and many political rallies have been dominated by rhetoric that undermines our democracy.

It’s all extremist hot air. These candidates want us to believe our government and anyone working to mitigate the effect of America’s gun violence epidemic are hell-bent on taking away your rights and liberties. But the reality is that gun laws save lives, and an overwhelming majority of Americans in red, blue and purple states want them.
 

NJ: New Jersey lawmakers introduce bill with new restrictions on carrying guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The proposal would:

Require more comprehensive background checks for carry permit applications.
Require permit holders to go through gun safety training and buy liability insurance.
Ban gun carry in designated "sensitive" areas like schools, day care centers, bars, restaurants and sports venues.

The move is in response to the Supreme Court ruling in June that nullified strict gun carry permit laws in states like New Jersey and New York.

A new law in New York is already facing challenges in the courts.
 

These are the faces of the rising number of Black gun owners in the U.S.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Black gun ownership in America dates back to before the country's founding.

Firearms helped aid Nat Turner's rebellion against white enslavers.

Harriet Tubman famously carried her pistol along the Underground Railroad.

Civil rights leaders felt it was necessary to arm themselves against potential racial violence: from journalist Ida B. Wells insisting that every Black home be equipped with a Winchester rifle ... to Martin Luther King, Jr. trying to obtain a concealed carry license.

And in recent years, more Black Americans are buying guns.
 

OH: Mike DeWine playing 'Russian roulette' with our kids, teachers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gov. Mike DeWine signed an act into law June 13 that authorizes local school boards to permit school staff to carry loaded firearms with only 24 hours of initial training in firearms, instead of the over 700 hours of training formerly required.

That law (formerly House Bill 99) abdicates the General Assembly’s constitutional responsibility to provide for safe schools. It heightens the likelihood of various school boards engaging in Russian roulette and endangering students and teachers.
 

 QUOTES TO REMEMBER
I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them. — George Mason, during Virginia's Convention to Ratify the Constitution (1788)

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