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Newslinks for 10/14/2023

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Guv Goobered Big Time
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Try this on for size: When nationally known 20-something anti-gunner (and one time media darling) David Hogg says a gun control scheme is over the line, it’s probably time to step back, take a deep breath and go for what’s behind door number two. But that’s not what New Mexico’s Democrat Gov. Michelle Lujan Grisham did last month when she literally suspended the Second Amendment in Albuquerque and surrounding Bernalillo County, drawing loud criticisms from gun rights activists, a call for impeachment and a handful of federal lawsuits on Second and Fourteenth Amendment grounds. Fox News reported all of this, as did other media.
 

OR: Oregon gun shop REFUSES to sell firearm to Antifa-affiliated man
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An Oregon man claims that a gun store is refusing to sell him a firearm because of his affiliation with Antifa.

Mark Iannicelli, a self-proclaimed member of Antifa, which is a far-left extremist group with ties to terrorism, alleges that Florence Gun Shop refused to service him a background check which is required to complete the sale of a firearm.
 

Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Yesterday, Congressman Roger Williams (R-TX), Chairman of the House Committee on Small Business, along with Reps. Blaine Luetkemeyer (R-MO), Pete Stauber (R-MN), and Aaron Bean (R-FL), wrote to Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, and Firearms (ATF) over a new proposed rule that will negatively impact small firearm dealers.
 

NM: For Now At Least, Judge Permits Governor’s Gun Restrictions At Parks, Playgrounds
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge on Wednesday refused to halt state enforcement of temporary firearms restrictions at Albuquerque-area parks and playgrounds, marking at least a temporary win for Gov. Michelle Lujan Grisham’s attempt to combat gun violence in the state’s biggest city.

U.S. District Judge David Urias of Albuquerque ruled against gun rights associations and gun owners who sought a preliminary injunction against the firearm ban, which is set to expire Nov. 3. But Urias left the door open for a future ruling that would consider more in-depth evidence and argument from both sides.
 

PR: Court Opinion Clears the Way for New Proceedings in St. Thomas Cop Killer Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Dangelben was charged on July 7 with killing a police officer while in the performance of duty and possession of a firearm with an obliterated serial number. Federal Public Defender Matthew Campbell challenged the firearm charge, saying a recent Supreme Court ruling nullified the weapons charge.

Prosecutors from the U.S. Department of Justice said the high court ruling only applied to law-abiding citizens and their legal possession of firearms. The Oct. 3 Memorandum and Opinion upheld arguments made by prosecutors.
 

FL: Florida Still Enforcing Unconstitutional Gun Laws that Fail Bruen Test
Submitted by: Mark A. Taff
Website: www.marktaff.com

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...Florida’s statute that prohibits carrying a concealed firearm inside an establishment licensed to dispense alcohol is unconstitutional based on the 2022 U.S. Supreme Court decision New York State Rifle & Pistol Association, Inc. v. Bruen, which states that “history and tradition” should determine whether a law regulating firearms is constitutional under the Second Amendment.

“If you understand Bruen, you have to look at the text, history and tradition and then find an analogous statute,” Friday said. “This statute is unconstitutional as to certain places, because you cannot find a founding-era statute that prohibits possession of firearms inside a bar, or one that prohibits possessing intoxicating liquor while possessing a firearm.”
 

ID: Idaho elk hunter kills grizzly in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to the news release, the man was hunting northwest of Henrys Lake on the evening of Sept. 30 when an adult female grizzly emerged out of the brush nearby. Officials said the man yelled to warn his hunting partner of the bear’s presence, and the animal charged at him.

The man reportedly shot the bear several times with a sidearm, killing the grizzly before it made contact with either hunter, Fish and Game said.
 

U.S. Child Gun Deaths Spiked 87% In 10 Years. Safe Storage Can Reverse This Trend
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun deaths of U.S. children spiked by 87% between 2011 and 2021 while child deaths from car crashes fell by nearly half, according to a newly published study in the journal Pediatrics. As a result, firearms are now the leading cause of deaths of American children.

What explains this shift? While the auto industry encouraged use of booster seats, seat belts and progressively improved safety, the firearms industry made its products more lethal and marketed them as essential for self-defense.
 

Does right to bear arms override restraining orders against domestic abusers?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The case deeply troubles Caroline E. Light, a senior lecturer and director of undergraduate studies in Women, Gender, and Sexuality. Light has researched U.S. gun law and gun culture from the 18th century to today and the race, gender, and class inequities surrounding them. The author of the 2017 book “Stand Your Ground: A History of America’s Love Affair with Lethal Self-Defense” told the Gazette why the U.S. continues to struggle with protecting its citizens from firearm violence and intimate partner violence (and how these stubborn forms of violence intersect). The interview was edited for length and clarity.
 

CA: 9th Circuit dissenters criticize court's 'blank check' for gun restrictions, including ban on high-capacity gun magazines
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The 9th Circuit dissenters said the ban on high-capacity gun magazines fails under the Bruen framework. The majority did not examine historical tradition and instead “resorts to simply citing various nonbinding district court decisions,” the dissent said.

“If the protection of the people’s fundamental rights wasn’t such a serious matter, our court’s attitude toward the Second Amendment would be laughably absurd,” said the dissent written by Judge Patrick J. Bumatay. “For years, this court has shot down every Second Amendment challenge to a state regulation of firearms—effectively granting a blank check for governments to restrict firearms in any way they pleased.”
 

TX: Defending Your Dog Against Family Member Can Lead to Family Violence Protective Order
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This strikes me as a bad result. These defendants may have done much more than try to protect their dog (for instance, if the allegations of threatening gunshots were true). But the logic of the opinion goes far beyond that: It makes clear that any use of physical force—including of course nonlethal force—to defend property is "family violence" that can justify a protective order. If a family member is trying to kill your dog, and you punch him to rescue the dog, you're guilty of family violence, and have no legal defense against a possible protective order.
 

First Look: Zero Tech Thrive HD Optic
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Zero Tech optics is launching a new “slimline” open emitter slide mounted electronic red dot sight that works with the popular Shield RMS-c footprint pattern, the new Zero Tech Thrive HD Micro reflex optic. Slide mounted electronic dot sights have arguably passed from fad to everyday use. First it was with standard sized handguns, and now, the trend is catching up with slimmer pistols that are meant for everyday carry and self-defense.
 

Coalition of Leftist Attorney Generals Argue for the Power of States to Ban Common Arms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A coalition of leftist Attorney Generals for sixteen states and the District of Columbia has filed an amicus brief to the Ninth Circuit appeal by the State of Hawaii, claiming state power to ban common arms is essential. On August 7, 2023, a three-judge panel of the Ninth Circuit reached the unsurprising conclusion that knives, particularly the type of pocket knife called a “butterfly knife” or “balisong,” were bearable arms. Therefore, they were protected by the Second Amendment of the Constitution, and the State of Hawaii did not have the legal authority to ban them.
 

OK: Oklahoma Man Shoots Girlfriend’s Estranged Husband In Home Invasion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The couple were home and were alerted to a problem by their barking dog. The male – the couple is unnamed in the press – looked around the house to see what the issue was and found Delarosa having forced his way inside.

According to Fox OKC, Delarosa charged the man, forcing him to defend himself. He shot Delarosa once, which ultimately caused his demise. Delarosa fled the residence into a neighbor’s yard, where he collapsed.

He was taken to the hospital and will face first-degree burglary and stalking charges.
 

TX: Elderly Couple Awakes To Break-In, Shoots Intruder in Beaumont, TX
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An intruder was stopped in his tracks by an elderly couple when the forced entry alerted them to his presence, and they responded with gunfire. The homeowner was woken up by his wife to someone breaking into the house and obtained a firearm to defend them.

Recently released court documents provided more information, which actually have a number of fantastic lessons for the armed citizen.
 

MD: Brothers arrested outside State House take case to Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An appeal to the U.S. Supreme Court by Second Amendment activists in Maryland could affect protections for police officers and the public’s right to document the activities of law enforcement.

The case, which began as the arrest of two protesters outside the State House in February 2018, could have implications on both qualified immunity for police officers as well as the right to video record police in the performance of their duties while in public.
 

OH: Two Measures Further Expanding Gun Rights Moving in Ohio Statehouse
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Still, Johnson wants to head off any local jurisdictions that might try to replicate those provisions. To this point, no municipality is actively considering firearm liability insurance requirements.

His bill, which has already passed the state Senate and is working its way through a House committee, adds “without being required to have firearm liability insurance” to the Ohio statute preempting local gun regulations. It includes similar prohibitions for imposing a fee on gun owners and extends the same protections to knives.
 

CA: Attorney General Bonta: States Must Have Authority to Protect Communities from Gun Violence
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California Attorney General Rob Bonta today joined 18 attorneys general in filing an amicus brief in support of Hawaii’s and other states’ authority to restrict the carrying of firearms in designated locations, including private property without consent and other sensitive places such as parks and banks. The brief was filed in the Ninth Circuit Court of Appeals in Wolford v. Lopez after a district court decision issued a preliminary injunction halting enforcement of Hawaii’s law.
 

CO: On the flag-waving gun-toter
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I don’t know about you, but I recently became aware of a new local event. A young man began appearing this summer in downtown Salida. On Sunday afternoons. Toting an American flag and an AR-15.

In the past, this same young man has appeared on U.S. 50 east of town, always holding these same two props. I say “props” not because the items are fake, but because they’re so clearly intended for theatrical effect.

The flag-waving gun-toter’s cry for attention has succeeded. He has inspired counterdemonstrators. Articles and letters in The Mountain Mail. Heated discussion in local online forums.
 

NY: Lawsuit Opposing State Gun Laws Is Baseless
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I am opposed to a pending lawsuit challenging New York law having to do with certain aspects of gun ownership. As the P-J reports it, there is a federal lawsuit challenging New York’s Concealed Carry Improvement Act. The reported arguments are a twofold concern that the law’s “background requirements would impact their business and deprive lawful gun owners of their Second Amendment rights.”
 

RFK Jr Backtracks On Calling NRA “Terror Group,” The Gun Rights Org Remains Skeptical
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Independent presidential candidate Robert F. Kennedy Jr. seeks to pivot to the middle on guns, disowning former comments in which he labeled the National Rifle Association (NRA) a “terror group.”

Yet the NRA is urging its followers to take his new position with many grains of salt.

In an interview with RFK Jr. on Wednesday, Fox News anchor Sean Hannity asked the former Democrat if he stood by a tweet he issued in the wake of the February 2018 massacre at Marjory Stoneman Douglas High School in Parkland, Florida.
 

AL: Cautionary Tale in an Alabama Forest: When in a Gunfight, Don’t Hesitate
Submitted by: Mark A. Taff
Website: www.marktaff.com

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They decided to help a woman who appeared to have had a vehicle breakdown. The woman, Yasmine Hider, was planning to rob them or worse. Adam was a dedicated Second Amendment supporter. He had tucked a concealed pistol in his waistband because he was suspicious of the circumstances. After Adam and Mikayla had been working on the broke-down vehicle for an hour without success, Hider pulled out a handgun and ordered them to drop their cell phones, empty their pockets, and give up their bank and cell phone passwords. Then she marched them into the forest. Adam waited for an opportunity to draw his firearm.

 

NY: Jewish Republican NYC Council Member Arrested For Possessing Gun At Pro-Palestine Rally
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New York City Republican councilwoman Inna Vernikov was arrested Friday for possessing a firearm at a rally at Brooklyn College campus.

The rally was led by the institution’s Students for Justice in Palestine (SJP) chapter, according to a post shared on Twitter, which appears to show Vernikov with the firearm. “These are the tactics of force and intimidation used by Zionist groups to silence any support for Palestine,” wrote CUNY4 Palestine, the group that shared the image.
 

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