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CO: Lawsuit Challenges Colorado's Waiting Period for Gun Purchases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The day after a Colorado law established a waiting period for a firearms seller to deliver a gun to a purchaser, it's being challenged in court.

House Bill 23-1912, signed into law by Democratic Gov. Jared Polis and taking effect on Oct. 1, established a three-day waiting period for the seller to deliver the firearm to the purchaser. "The waiting period is the later in time of three days after the initiation of a required background check of the purchaser or when the purchase is approved following any background check," the bill's summary states.
 

FL: Medical marijuana users challenge federal gun ban at US appeals court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A U.S. appeals court on Thursday appeared divided over whether medical marijuana users can be barred from owning guns, in a case challenging the same federal law prohibiting users of unlawful drugs from owning guns at issue in Hunter Biden's criminal case.

A group of Florida residents who use medical marijuana urged a three-judge panel of the 11th U.S. Circuit Court of Appeals at oral arguments to find that the federal ban was unconstitutional as applied to them.
 

FPC Files New Supreme Court Brief in Prohibited Persons Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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FPC’s brief focuses specifically on Congress’ lack of authority to engage in broad federal firearm disarmament–noting that it is a power that was specifically reserved to the states and not granted to Congress. “Amicus agrees with Respondent that 18 U.S.C. § 922(g)(8) violates the Second Amendment,” argues the brief. “This brief focuses on Respondent’s alternative argument that Congress has no authority to enact a ban on firearm possession by individuals subject to family law restraining orders.”
 

MN: Gun Rights Attorney Lynne Torgerson Secures Landmark Victory in Second Amendment Permit to Purchase Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Prominent gun rights attorney Lynne Torgerson successfully won an appeal on behalf of her client, who was wrongly denied a permit to purchase a firearm in Aitkin County. It was a major legal victory. Case No. 091823 highlights the critical importance of obtaining a purchase permit before applying for a transport permit, a practice that Ms. Torgerson has consistently advocated.
 

Introducing ‘The Gun Machine’, a podcast about how America was forged by the gun industry
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Produced by WBUR, Boston’s NPR, in partnership with The Trace, The Gun Machine looks into the past to bring you a story that most Americans never learned in history class: how early partnerships between mad scientist gunsmiths and a fledgling U.S. government created the gun industry in the Northeast, and how that industry has been partners with the government ever since.

Host Alain Stephens examines how this 250-year relationship underpins all Americans’ interactions with guns — including our failures in dealing with the fallout of gun violence.
 

FL: Shevrin Jones renews push to repeal ‘stand your ground’ law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Democratic state lawmaker is again attempting to eliminate Florida’s controversial “stand your ground” defense.

Sen. Shevrin Jones filed legislation that would alter the self-defense landscape in Florida. The bill targets an oft-criticized state law that came under the national spotlight before and after the failed prosecution of George Zimmerman, who in 2012 fatally shot Trayvon Martin, an unarmed Black teenager.

It’s not the first time Jones, a West Park Democrat, has tried to overhaul Florida’s self-defense laws. His previous attempts haven’t been successful, and that’s unlikely to change this year.
 

WY: Thermopolis Cop Cleared In Fatal Shooting, But Illegally Broke Into Home
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“This was a completely avoidable incident,” wrote Erramouspe. “(Mascorro) felt that breaking into a person’s domicile was the best course of action for the misdemeanor of interference with a peace officer.”

But, Erramouspe added, his job as prosecutor was not to determine Mascorro’s potential civil culpability for the break-in, but instead to decide whether the sergeant was justified to fire back under Wyoming’s self-defense laws.

And he was, the decision concludes, after a painstaking analysis of conflicting portions of the state’s Castle Doctrine and its Stand-Your-Ground law. The two laws contradict each other in parts, which drove Erramouspe eventually to consult Wyoming case law as well.
 

Federal Judge Rules Biden Pistol Brace Ban Violates Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The ruling is the first to touch on Second Amendment claims against the brace rule that President Joe Biden unilaterally implemented. Previous injunctions issued against the rule hinged on findings the ATF didn’t have the authority to reclassify the braced pistols without Congressional input. Judge O’Connor’s ruling expands the impediments Biden’s brace rule faces as the legal fight continues.

Judge O’Connor’s reasoning in the case could also be influential in potential challenges of other gun restrictions because it provides further detail on exactly which kinds of firearms are protected by the Second Amendment.
 

Is 10 Enough? How Many Rounds for Daily Concealed Carry?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Every concealed carrier faces a critical question: how many rounds should be on hand for daily defense? While statistics suggest an average, real-world situations are unpredictable. This article navigates the nuanced terrain of ammunition capacity, exploring what truly helps us prepare for a self-defense encounter.
 

MA: Massachusetts House lawmakers unveil bill aimed at tightening state gun laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A bill that would ban individuals from carrying a gun into a person’s home without their permission — and require key gun components be serialized and registered with the state — was unveiled by Massachusetts House lawmakers Thursday.

The bill would create new laws that bar firing guns at or near homes and outlaw carrying firearms while intoxicated. It would also prohibit carrying firearms in schools, polling places and government buildings.

The proposal includes an enhanced system to track firearms used in crimes to help curb the flow of illegal guns into the state. It would also modernize the existing firearm registration system while increasing the availability of firearm data for academic and policy use, lawmakers said.
 

CT: Connecticut now bans open carrying of firearms in public places
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The new ban on open carrying of firearms in the state should help curb a recurring complaint to police from people who report being alarmed and intimidated by the conspicuous display of guns, the head of the Connecticut Police Chiefs Association said.

Law enforcement leaders have consistently sought a "show your permit" rule to confirm that a person is legally carrying a gun, organization President Paul Melanson, who is also Avon's police chief, said. A provision in the state's new omnibus gun law allows people to carry concealed guns in public while making open carry a crime.
 

Carjacked Congressman Highlights Reasons for Increasing Lawful Gun Ownership
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a popular up-and-coming area of Washinton, D.C. – just a few blocks from the nation’s Capitol building – a U.S. Congressman was carjacked at gunpoint. U.S. Rep. Henry Cuellar (D-Texas) was parking his car just outside an apartment building where he and several other Members of Congress reside. The congressman was unharmed during the attack.

“As Congressman Cuellar was parking his car this evening, 3 armed assailants approached the Congressman and stole his vehicle. Luckily, he was not harmed and is working with local law enforcement,” Rep. Cuellar’s Chief of Staff stated in a press release.
 

MO: Missouri Turns to Supreme Court in Battle With Feds Over State's Gun Law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Missouri asked the U.S. Supreme Court on Thursday to reinstate a controversial 2021 state law that challenges the validity of several federal gun control statutes and effectively bars local police from enforcing them.

The case involves the U.S. Department of Justice’s challenge to an unusual Missouri law, the Second Amendment Preservation Act, and deals with fundamental questions regarding federalism and the Constitution.
 

Marquette Law School national survey finds U.S. Supreme Court approval remains below 50%
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Table 5 shows the percentage favoring each of those decisions by respondent ideology. Liberals are more in favor of two decisions that are conventionally viewed as liberal—same-sex marriage and anti-discrimination protection for LGBT workers—and conservatives are less in favor. Conservatives are more in favor, and liberals less so, for decisions conventionally viewed as conservative—abortion, guns outside the home, and banning the use of race in college admissions.
 

Taylor’s & Company 1911 Tactical 10mm: Tested and Reviewed
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Fans of 10mm pistols have nothing if not choices in today’s market, and manufacturers have introduced many new models over the past few years. Though many of these are high-capacity polymer pistols, the field of 10mm 1911’s is growing too. Well-known pistols like the Colt Delta Elite are the bedrock of this category, but the rise in popularity has also summoned a crop of budget-priced 1911’s to take up the slack. No 1911 pistol in 10mm is cheap, and the good ones typically cost more than a thousand bucks. Taylor’s & Company impressed us in our 2023 1911 test with their basic GI model in .45 ACP, and I was eager to see how their conservatively priced, full-size 1911 Tactical 10mm would perform.
 

Pistol Brace Ruling Implies Second Amendment Protects AR-15s, Ammo Mags, and Silencers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“[T]he Court finds that braced pistols regulated under the Final Rule are commonly used by law-abiding citizens for lawful purposes.”

That may be the most influential finding in Judge Reed O’Connor’s decision enjoining the ATF’s pistol brace rule. It strikes at a key part of the fight over gun and accessory bans across the country. And how Judge O’Connor reached his conclusion provides new insight into the threshold other courts may employ to determine whether the Second Amendment protects a banned item.
 

MI: Michiganders, lawmakers rally in support of Second Amendment despite rain
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Several Michiganders and lawmakers braved the rain Thursday to rally in support of the Second Amendment, or the right to bear arms.

Many individuals waved flags and some were armed as they watched speeches from the Capitol steps in Lansing.

“It’s good to be here with you and it’s good to be standing up for our gun rights. They aren’t something as Americans can be taken away. We need to work hard on not simply changing votes but changing hearts of people. America was built around the ability to stand for what we believe in," Rep. Joe Fox (R - Fremont) said.
 

MI: AG Nessel Joins Brief in Defense of Hawaii’s Ban on Butterfly Knives
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Michigan Attorney General Dana Nessel joined a multistate coalition of 17 attorneys general in support of Hawaii’s request to the Ninth Circuit to rehear an appeal defending Hawaii’s ban on butterfly knives. The petition seeks a full en banc review of a panel opinion issued in Teter v. Lopez on August 7, 2023, that invalidated Hawaii’s butterfly knife ban, holding that it violates the Second Amendment. In the amicus brief, the coalition argues that the panel’s failure to remand the case after New York State Rifle & Pistol Association, Inc. v. Bruen (Bruen) is inconsistent with the approach taken in most other appeals involving Second Amendment challenges in the same posture.
 

Will the Supreme Court Flunk Its Domestic Violence Test?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court’s new term opened this week with the extreme actions of the U.S. Court of Appeals for the 5th Circuit looming over the entire term. Among the most alarming cases to arise is the first major gun-safety challenge that will test the court’s new Second Amendment doctrine, adopted last year. Hanging in the balance of United States v. Rahimi, and less remarked upon than the Second Amendment implications, is the modern movement against intimate partner violence. The verdict will bring home how the court treats contemporary progress against endemic violence with the lives of real people literally in the crosshairs.
 

VT: No longer subject to an arrest warrant, Daniel Banyai scolds Pawlet Selectboard and is escorted out by law enforcement
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Banyai’s appearance came the same day an environmental court declined Pawlet’s request to extend an expired warrant for his arrest.

Banyai owns Slate Ridge, a West Pawlet training facility for military-like gunfighting that has hosted militia groups. The property has been the subject of local outrage, national media attention and yearslong legal battles.
 

CA: As Los Angeles tries new gun laws, the Supreme Court stands ready to undo them
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There is a dance taking place between the U.S. Supreme Court and state and local governments, with Los Angeles at the forefront. Cities, notably L.A., are looking for ways to curb gun violence, while the court has adopted a standard for reviewing gun regulations that discourages innovation.

The stakes could hardly be more real. As of late September, nearly 1,000 people have been shot this year within L.A.’s city limits – down from 2022, but still a shocking number. Those shootings include a chunk from so-called “ghost guns,” weapons that are assembled from kits purchased either over the internet or from dealers.
 

MA: House leaders take hands-on approach with latest gun bill
Submitted by: Mark A. Taff
Website: www.marktaff.com

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GUN CONTROL legislation moved back on to Beacon Hill’s front burner on Thursday, as House leaders unveiled a revised bill that they hope to send directly to the Senate later this month.

The House officials said the new bill incorporates a number of modifications designed to address concerns about an earlier piece of legislation, which came under fire from gun owners earlier this year and became mired in bureaucratic infighting between the two branches that left the proposal in legislative limbo.
 

 QUOTES TO REMEMBER
Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue. — Senator Barry Goldwater, 1964 (1909-1998)

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