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The Ayoob File
Submitted by: Mark A. Taff
Website: www.marktaff.com

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American Handgunner and GUNS Magazine readers have known Massad Ayoob over the years for his insight and careful analysis of self-defense incidents, and for his several books on the subject, but there’s another side of this multi-talented fellow with the deep voice and New England accent.

He also serves as president of the Second Amendment Foundation, a gun rights organization that has become the national leader in firearms litigation. It’s also where I hang my hat as editor and communications director. It was a SAF case — McDonald v. City of Chicago — which won a Supreme Court ruling that incorporated the Second Amendment to the states via the 14th Amendment.
 

IA: Iowa sheriffs endorse gun rights constitutional amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Iowa sheriffs are speaking out in support of a proposed gun rights amendment to the Iowa Constitution. But not everyone thinks it's appropriate for sheriffs to endorse political issues.

Iowans will vote on the so-called "Second Amendment" bill on Nov. 8.

"Whenever one of my constituents loses a freedom it’s my fault. It's our job to speak out,” said Cedar County Sheriff Warren Wethington.
 

PA: Man who fatally shot 2 in fight outside Bucks County bar acted in self-defense, DA says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Prosecutors in Bucks County ruled that a man acted in self-defense when he fatally shot two men and injured while being assaulted in the parking lot of a local bar.

According to investigators, Liam Hughes and a friend were walking to their car in the parking lot of Steam Pub in Southampton Township on Oct. 7 when he was attacked by three men.
 

TX: Random Gun Violence Up in Cities After Texas Drops Permits
Submitted by: Mark A. Taff
Website: www.marktaff.com

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While rural areas of the state are reporting little change in terms of shootings, sheriffs, police leaders and district attorneys in urban areas of Texas are reporting a rise in random gunfire and people carrying weapons since the state began allowing most adults 21 or over to carry a handgun without a license, reports J. David Goodman for the New York Times.
 

CA: Federal Judge Upholds California ‘Ghost Gun’ Ban, Rules Gun-Making Not Protected by Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“Though it leads with a recognition of the primacy of Bruen’s ‘plain text’ point, DD seeks in its opening brief to jump ahead in the analysis to a historical/tradition assessment (and to jump ahead in Bruen to that decision’s discussion of how to conduct such an assessment),” Judge Wu wrote in his ruling rejecting a request for a preliminary injunction against the law. “But it has effectively attempted to avoid the necessary threshold consideration – does the ‘Second Amendment’s plain text’ cover the issue here? No, it plainly does not. AB 1621 has nothing to do with ‘keep[ing]’ or ‘bear[ing]’ arms.”
 

AK: Peltola promotes limits on First Amendment, and doubles down on more restrictions on Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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During the Debate for the State on KTUU on Wednesday, Congresswoman Mary Peltola doubled down on her statement about how the Second Amendment is primarily for hunting and subsistence, and that she would support legislation limiting the sales of firearms to 18-year-olds.

Taken to its logical conclusion, that would mean young men could go to Afghanistan and die for the country, but not be able to own a gun to protect his home.
 

FL: Man Who Claimed Self-Defense Found Not Guilty of 2020 Murder
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A jury found a man not guilty of a fatal shooting of a scooter rider back in 2020 near Perrine.

Daishun Doctor, 34, appeared stunned Thursday after the jury did not convict him of second-degree murder charges in the shooting of 28-year-old Devin Smith.

Doctor's attorney, Michael Grieco, successfully argued that his client pulled the trigger in self-defense.

"We’ve always stood by the concept that he was justified in what he did, that it was a legal shooting," Grieco said.
 

NY: Churches Defend Their Second Amendment Rights
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Having just lost – in walloping fashion – a Second Amendment challenge in the U.S. Supreme Court, you might have thought New York would want to take its time.

You might have thought New York would want to study the decision carefully.

You might have thought New York would want to gain input from across the political spectrum.

And the jurisprudential spectrum, which is different from the political spectrum. You might have further thought New York would want to gain input from all across New York.
 

NV: Man Wearing Halloween Mask Is Shot And Killed After Threatening People With Gun
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A man in Las Vegas, wearing a Michael Myers Halloween mask and threatening people with a handgun, was shot and killed by a responding police officer. The incident happened on October 10th around 5 PM local time, in the area of Martin Luther King and Carey Boulevard.

A bystander called 911 to report the man had pulled a gun on him. Minutes later, another bystander called 911 to report the same man was pointing a gun at people and threatening them.

Officer Anthony Malear confronted the suspect and told him to stop and drop the gun, which the suspect ignored. Officer Malear discharged his firearm, striking and stopping the suspect.

 

TX: 'The Future the GOP Wants for All of America': Texas Gun Law Unleashes Deadly Mayhem
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In one high-profile case earlier this year, Tony Earls "pulled out his handgun and opened fire, hoping to strike a man who had just robbed him and his wife at an A.T.M. in Houston," The New York Times reported Wednesday. "Instead, he struck Arlene Alvarez, a 9-year-old girl seated in a passing pickup, killing her."

A grand jury declined to indict Earls, agreeing with his lawyer that "everything about that situation, we believe and contend, was justified under Texas law."
 

NJ: Durr Testifies Against NJ Democrats’ Unconstitutional New Gun Restrictions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Senator Ed Durr (R-3) testified against new gun restrictions proposed by New Jersey Democrats (S-3214) that he says are unconstitutional during a hearing in the Senate Law & Public Safety Committee on October 27, 2022.

Included below is his testimony as prepared for delivery:
 

CO: Challengers to Colorado's large capacity magazine ban withdraw request for injunction
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Barry K. Arrington, the attorney for the plaintiffs, wrote on Oct. 20 that he would instead "focus on developing a more detailed factual and legal record in the context of Plaintiffs’ request for permanent injunctive relief."

As a result, U.S. District Court Judge Nina Y. Wang, who is overseeing the case, vacated a preliminary injunction hearing scheduled for November.
 

IL: Murder Charges Dropped: Woman Who Shot Ex Is Victim Of 'Chronic Abuse'
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“This evidence shines a new light on the case that unequivocally confirms Ms. Turner was the victim of chronic domestic abuse at the hands of the victim. I fully understand the weight and consequences of this decision to both the victim’s family and to Ms. Turner,” Berlin said in his statement. “I made this decision, however, focused squarely on justice, based solely on the facts and circumstances of the case as well as the law in Illinois regarding the admissibility of evidence in self-defense cases.”
 

LA: Ramos found not guilty after returning to trial for 2018 machete case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorney Randy J. Dukes was assigned to represent Ramos in his second trial. After a thorough review of the case and consultation with Ramos, Dukes changed the theory of Ramos’ defense by invoking the affirmative defense of “Self-Defense” on behalf of Ramos.

Ramos’ second trial began on October 18, 2022. Dukes called Ramos to the stand to testify in his matter. After two days of testimony, the case was submitted to the jury of 12 on October 20, 2022. After deliberating a little over one hour, the jury returned a unanimous 12-0 verdict of not guilty.
 

CA: Ordeal Is Not Over for Criminalized Survivor Wendy Howard After Trial Verdict
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Kern County, California, jury found her not guilty of first and second-degree murder, involuntary manslaughter and imperfect self-defense in the death of her ex-partner Kelly Rees Pitts. But jurors deadlocked, seven to five, on the charge of voluntary manslaughter.

That deadlock means that Kern County district attorney (DA), Cynthia Zimmer, can bring Howard to trial again on that remaining charge. The court will hold a hearing on November 18 in which Zimmer’s office will announce whether she will retry Howard.
 

TX: Woman Shoots Intruder Through Door After Hiding In Bedroom with Kids
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The warning of the police being called and being armed wasn’t enough to deter this home intruder. But a bullet was.

This past Tuesday night, a 36-year-old man broke into a home in Edinburg, TX, which a woman and her children occupied. He gained access to the house through the garage.

The homeowner must have heard what was going on as she locked herself and her children in her bedroom, called the police, and armed herself with a handgun. As the intruder attempted to enter the bedroom, the woman warned him that she had called the police and had a gun.
 

CO: Self-Proclaimed “Guntry” Club Set to Open its Doors in Denver
Submitted by: Mark A. Taff
Website: www.marktaff.com

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88 Tactical, the self-proclaimed “Guntry” Club whose name maintains links to white supremacy and Neo-Nazi numerology, is planning to expand into the Denver metro area.

The company announced plans to expand to 16 cities around the country in the coming year.

Future locations are expected to be over 100,000 square feet and will include 100 indoor shooting ranges, a 24/7 fitness center, drop-in childcare, a bar and restaurant, virtual reality simulators, classrooms, training areas, an event space, and an outdoor entertainment area.
 

OR: Measure 114 proposes stricter gun laws for Oregon
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Measure 114 will be on the ballot for voters this November. If passed, it would require Oregonians to purchase a permit to own a firearm and attend a mandatory safety firearm training. The measure would also ban the sale or transfer of gun magazines that hold more than 10 rounds. Overall, Measure 114 would slow down the timeline for buying and obtaining a gun. Paul Donheffner is the legislative committee chairman for the Oregon Hunters Association. Anthony Broadman is the Bend mayor pro tem. They join us to make their case for why voters should or should not pass Measure 114.
 

GA: Fatal Shooting In Warner Robins Being Treated As Self-Defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police in Warner Robins are investigating a fatal shooting which occurred on Saturday, October 15.

In a post on Facebook, the Warner Robins Police Department says their officers were called to the area near American Deli on Watson Blvd. just after 2 p.m. According to police, it was determined that 22-year-old Tamar Lewis was shot in what appears to be self-defense, and later died at the hospital. Investigators say Lewis approached another man and started shooting at him. That man returned fire and then ran away and called 911. Investigators are treating this shooting as self-defense.
 

CA: Analysis: Federal Judge Finds ‘One Weird Trick’ to Uphold Gun Law Despite Bruen
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Last Friday, Judge George H. Wu upheld California’s attempt to ban possessing unserialized homemade guns and the tools to make them. The reasoning behind the ruling is more interesting than the outcome of the case. Wu found the conduct in question was simply not covered by the plain text of the Second Amendment.

He determined that since the Second Amendment only explicitly mentions the right to “keep and bear” arms, making them (and, presumably, selling or buying or shooting or cleaning or modifying or what have you) is not covered. Therefore, boom, no need to examine whether the regulation has any historical analogue as required under Bruen. No need to look any further.
 

NJ: Fast-tracked bill to limit concealed carry stumbles as constitutional concerns mount
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A fast-tracked bill to limit concealed carry in New Jersey hit a snag Thursday when Assembly leaders yanked it from a scheduled vote, conceding its broad restrictions could fold under constitutional scrutiny.

The canceled vote came the same day a Senate panel approved the bill along party lines — and with about 15 amendments that appear to be aimed at appeasing critics who have vowed to fight any new law in court. The bill, introduced two weeks ago, has already been approved along party lines by three Assembly committees.
 

 QUOTES TO REMEMBER
The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both. — William Rawle, A View of the Constitution 125-6 (2nd ed. 1829)

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