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Newslinks for 10/7/2023

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Lies My President Told Me
Submitted by: Rob Morse
Website: http://slowfacts.wordpress.com

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I understand the graft and corruption that are President Biden’s normal mode of business. What I can’t accept are the President’s lies about us. We are far better than he claims, and I refuse to let my neighbor’s be blamed for our President’s failings.

Let me, and millions of people like me, thank you for the lives you save.
 

Tenth Circuit Confirms Constitutionality of Ban on Felons’ Firearm Possession in Wake of ‘Bruen’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After considering the U.S. Supreme Court’s new test on the scope of the Second Amendment right to possess firearms, announced in N.Y. State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the U.S. Court of Appeals for the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons’ possession of firearms, even for nonviolent felons.
 

OH: Ohio bill aims to incentivize safe gun storage with sales tax waiver
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Legislation that incentivizes gun owners in Ohio to secure their weapons is getting major support from gun control advocates and gun rights groups alike.

One of the bill's sponsors told ABC News that he hopes that it can spur a bigger discussion both in the state and country on safe storage and safety protections for firearms.

Ohio's HB 186, which was introduced in the state's House of Representatives in May, would waive the state's 5.75% sales and use tax on firearm safety devices.
 

MO: In Missouri, 66% Of Suicides Come With a Gun. So Groups Want Firearms a Little Farther Out of Reach
Submitted by: Mark A. Taff
Website: www.marktaff.com

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If law enforcement is called to a situation where a person is in the midst of a crisis, they can bring the gun locks with them and offer them to that person. Ideally, a friend or family member could hold onto the key for a few days until the situation calms, but BHR and law enforcement acknowledge that such an option isn’t always available.

Eventually, the mental health groups plan to have police take those gun lock keys with them and mail them to BHR. That group would give the key to the gun owner when a crisis passes.
 

MD: Judge Issues Injunction Blocking MD’s Unconstitutional Carry Restrictions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After the United States Supreme Court ruled that the Second Amendment protects the right of law abiding citizens to carry a firearm in public, a Maryland court found it was “self-evident” that Maryland’s carry permitting regime was also unconstitutional. Maryland then followed New York and New Jersey in overhauling their carry laws by effectively declaring the entire state to be a so-called “sensitive place” through the passage of S.B. 1.

And, just like in New York and New Jersey, NRA filed suit as the ink from Governor Moore’s signature was drying on bill.
 

MO: Missouri Asks US Supreme Court To Revive Second Amendment Preservation Act
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The State of Missouri is asking the U.S. Supreme Court to revive the “Second Amendment Preservation Act” that blocks local law enforcement from enforcing federal gun prohibitions.

Under the act signed into law by Governor Mike Parson in 2021, residents can sue law enforcement for $50,000 if they attempt to enforce federal gun laws…the act was challenged last year in federal court by the Biden Administration with an appeals court ruling blocking it.

An emergency appeal was filed on Thursday putting the Second Amendment back on the docket for re-consideration by the Supreme Court asking that the law can continue to be enforced
 

Old gun controls that were constitutionally repealed are not precedents for modern gun control
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This week amicus briefs were filed in United States v. Rahimi, the only Second Amendment merits case currently before the Supreme Court. The docket page for the case is here. I will be blogging later about various briefs in the case. This post describes the amicus brief that I filed, available here.

The case involves the constitutionality of 18 U.S.C. sect. 922(g)(8), which imposes a federal prison sentence of up to 15 for persons who possess a firearm while subject to certain state-issued restraining orders. The amici are several law professors, including the VC's Randy Barnett, the Second Amendment Law Center, and the Independence Institute, where I am Research Director.
 

HI: Brown joins other attorneys general to support ban on butterfly knives
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Maryland Attorney General Anthony Brown (D) joined 16 other attorneys general in an amicus brief this week to support the state of Hawaii’s effort to ban butterfly knives.

The brief requests that the U.S. Court of Appeals for the Ninth Circuit of Hawaii allow an “en banc” hearing, or reconsideration by a panel of judges, to reassess a decision made in August that invalidated the state’s ban on butterfly knives.
 

Don't leave guns in unlocked vehicles
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It's frequently been held by the U.S. Supreme Court that the Constitution's Second Amendment affirms citizens' rights to own firearms for the protection of themselves and the republic.

Like many of our rights, however, being a gun owner requires an acceptance of the responsibility for exercising that right, which means doing your best to prevent harm.

Last week Washington County Sheriff Keith Sexton warned the public about a rash of reported burglaries in the Gray community. Stolen in these burglaries, the sheriff said, were several guns, all left in unlocked vehicles.
 

PA: Philadelphia Law Enforcement Can’t Keep Track of Its Own Firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Philadelphia Sheriff Rochelle Bilal has routinely blamed guns for the rampant criminal activity in her city, which has already seen 1,366 people shot this year alone, but a recent report from the City Controller’s office shows that Bilal and her office can’t control the guns that are in their possession.

Recent reports show that Bilal and her staff haven’t managed to account for nearly 200 firearms identified as missing in a 2020 investigation, which found that 101 service firearms and 109 confiscated firearms were missing from the office’s inventory.
 

High gun sales: 50 consecutive months of 1 million purchases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There were more than 1 million gun sales last month, making for the 50th straight month of those kinds of numbers.

The FBI recorded more than 2 million background checks last month. The National Shooting Sports Foundation says the number translates into more than 1.1 million firearms sold.
 

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.
 

Fatal Mauling, Hunters Shooting Grizzlies Rekindles ‘Guns Vs. Bear Spray’ Debate
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After a grizzly bear killed a couple in a Canada national park and hunters in Yellowstone country have shot bears in self-defense recently, the question is again raised whether a firearm or bear spray is the best defense to pack in grizzly country.

The answer could be that it depends, some experts told Cowboy State Daily.

“There are scenarios where a firearm is a better option,” said wildlife biologist Frank van Manen. “For example, when dealing with an extremely aggressive bear, situations where bear spray did not deter the animal or when a firearm provides a quicker response time.
 

IA: In turbulent times, the US Constitution retains its promise
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This relevance resonates deeply for Iowa voters. The Constitution, beyond establishing the federal government's structural backbone, protects our inalienable rights. The First Amendment guarantees Iowans the freedom to voice their perspectives, regardless of popularity. The Second Amendment preserves the right to bear arms, treasured by many for hunting and self-defense. The Fourth and Sixth Amendments collectively shield Iowans from undue law enforcement intrusion and ensure a fair trial, crucial tenets for a just society. And the 14th Amendment's Equal Protection Clause mandates that all Iowans, irrespective of their backgrounds, are treated equitably under the law.
 

New gun control laws sweep three blue states
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Starting in October, three blue states will put into effect a slew of new gun reform legislation. Lawsuits against Colorado and Maryland have arisen, while Connecticut has steered clear of any new legal trouble.

Below is a breakdown of the legislation that went into effect on Oct. 1 in Colorado, Maryland, and Connecticut.
 

MD: Federal Judge Reluctantly Prevents Enforcement of Maryland Gun Regs
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The “history” of regulating and infringing upon that right is brief and irrelevant, especially in light of the irrefutable existence of the Second Amendment. The Second Amendment explicitly forbids the government from infringing on the right to keep and bear arms. There exists, then, no reasonable restriction, no necessary regulation, no place too sensitive to be within the aegis of the Second Amendment.
 

“Domestic Violence Restraining Order” Firearms Restrictions Challenged by Highly Regarded Analyst
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to Georgetown University professor William English, it most certainly does. He is a political economist and teaches at the McDonough School of Business at Georgetown. He has long investigated the impact that “the denial of constitutional rights to those who have been wrongfully accused of domestic violence without due process” has had on the millions who have suffered such denials.

The law has its genesis in the Gun Control Act of 1968, but has been repeatedly amended and expanded to the point today where someone suffering under a DVRO is automatically denied his Second Amendment rights.
 

TX: Woman shoots, kills man in self-defense, San Antonio police say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A man, 44, was shot and killed by a woman, 45, who said she acted in self-defense early Friday on the Southeast Side.

Officers responded to a shooting shortly before 3 a.m. in the 100 block of Denver Boulevard, near Interstate 37. Once on the scene, officers were informed that the woman allegedly shot the man in the chest after being assaulted by him.
 

FL: Repeal Of 'Stand Your Ground' Law Sought By FL Senator
Submitted by: Mark A. Taff
Website: www.marktaff.com

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State Sen. Shevrin Jones (D-Miami Gardens) has renewed his efforts to repeal Florida’s “stand your ground” law.

Under the current state law, people who believe they face a grave threat have the right to use deadly force.
 

Justice Department Defends Gun Ban For Medical Marijuana Patients In Oral Arguments Before Federal Appeals Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal appeals court heard oral arguments on Thursday in a case concerning the constitutionality of the federal ban keeping medical marijuana patients from purchasing or possessing firearms.

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit listened and asked questions as attorneys for Florida medical cannabis patients and the Justice Department argued their sides of the case, which have been fleshed out in multiple briefings over the course of more than a year.
 

MI: Gun rights advocates speak out at Capitol
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Dozens made their way to the state Capitol lawn to express concerns regarding gun laws and future bills. As you’d imagine, there are passionate people on either side of the debate.

The Second Amendment March Thursday was put on by Michigan Open Carry and Michigan gun owners. Organizer Brian Jeffs explained why it was important for them to come out.
 

AR: SIG SAUER expands ammunition manufacturing facility in Arkansas, creating 625 new jobs
Submitted by: Mark A. Taff
Website: www.marktaff.com

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SIG SAUER, a global leader in the firearms and ammunition industry, has announced plans to expand its ammunition manufacturing facility in Jacksonville. This expansion is expected to create 625 new jobs over the next five years.

“We are incredibly excited about expanding our ammunition operations here in Jacksonville and building upon years of success in Arkansas. This opportunity has proven itself essential to the growth and sustainment of our ammunition business, and further enforces our commitment to the Arkansas community and workforce,” said Ron Cohen, President and CEO, SIG SAUER, Inc.
 

 QUOTES TO REMEMBER
And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. — Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy p. 20, S. Padover ed., 1939

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