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IL: SAF Files Reply Brief Urging Supreme Court to Hear Assault Weapons Ban Lawsuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorneys representing the Second Amendment Foundation (SAF) have filed a reply brief with the U.S. Supreme Court in Viramontes v. Cook County, SAF’s challenge to the Cook County, Ill., ban on so-called “assault weapons.” The case has been distributed for conference to be held on Friday, Dec. 5.

SAF and its partners filed their cert petition in August, and the reply brief was submitted in response to Cook County’s attempt to dissuade the Hight Court from hearing the case. SAF is joined in the case by the Firearms Policy Coalition and two private citizens.
 

Second Amendment Wins in Financial Sector as Policies Shift
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There have been recent positive movements by major financial institutions, both old and new, away from previously held corporate policies that discriminated against the lawful exercise of the Second Amendment. NSSF is proud to have played a role in delivering those welcomed and necessary changes.

A few weeks ago, Silencer Central CEO Brandon Maddox (an NSSF board member) posted a video update about some of the issues facing the company and spoke of J.P. Morgan Chase Wealth Management’s open financial discrimination against his firearm industry business.
 

Senators Push Bill to Protect Gun Rights during Government Shutdown
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“The Constitution doesn’t stop working when the government shuts down,” Cassidy said. “The right to protect your family is God-given. We should process these applications regardless of the Schumer Shutdown.”

Risch echoed that message, adding that shutdowns should not interfere with Americans’ ability to exercise their constitutional rights. “The government shutdown has real impacts on real people, but it certainly should not compromise our constitutional rights,” Risch said. “My Firearm Access During Shutdowns Act ensures our right to lawfully bear arms is not infringed when there is a lapse in appropriations.”
 

GA: A Georgia judge has ruled that a city ordinance banning guns in unlocked cars is unenforceable
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Georgia judge Wednesday threw out the case of a man cited for violating a Savannah ordinance that imposes fines and possible jail time for leaving guns in unlocked cars, ruling that the ordinance violates state law and the U.S. Constitution.

The decision by a Chatham County Recorder’s Court judge likely applies only to the case of the defendant who challenged the gun ordinance as part of his criminal defense. Savannah’s mayor said he believes the city will continue to enforce the local law.
 

MN: St. Paul bans assault-style guns in public, but rules remain symbolic unless state law changes
Submitted by: Mark A. Taff
Website: www.marktaff.com

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St. Paul’s City Council approved a ban on public possession of assault-style weapons, large-capacity magazines and binary triggers, as well as a handful of other firearms regulations — in theory, anyway.

In practice, nothing will happen. That’s because Minnesota state law doesn’t allow local governments to pass their own gun bans.

But St. Paul wants to have an ordinance on the books in case the state ever undoes its preemption, and to make a statement about gun violence.
 

NJ: Marijuana users should be allowed to own guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court recently announced that it will soon reconsider whether people who regularly smoke marijuana can own guns.

Currently, under the Federal Gun Control Act, it is completely illegal in every state for a marijuana user to purchase, possess or receive firearms or ammunition. Even in New Jersey, where recreational marijuana use is legal, anyone seeking a gun permit must affirm in their application that they are not a regular user of marijuana, medical or recreational.
 

WA: Fatal shooting in Tacoma might have been self-defense, prosecutors say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A person arrested in a fatal shooting from Sunday in Tacoma will be released from jail pending further investigation, according to the Pierce County Prosecuting Attorney’s Office. The 39-year-old was arrested by police Monday for the shooting that left a man dead in the 5100 block of South 58th Street. The person was booked into the Pierce County Jail at about 7:03 a.m., according to jail records. The shooting might have been self-defense, and an investigation is ongoing, Prosecuting Attorney’s Office spokesperson Adam Faber told The News Tribune.
 

Should You Report a Grizzly Bear Self-Defense Shooting?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Decades ago, the U.S. Fish and Wildlife Service established a regulatory requirement to report the taking of grizzly bears in self-defense in the lower 48 states.

From 50 C.F.R. 17.40(b)(1)(i)(B):

Grizzly bears may be taken in self-defense or in defense of others, but such taking shall be reported by the individual who has taken the bear or his designee within 5 days of occurrence…
The penalties for failing to report to the authorities within 5 days are up to six months in prison and a $25,000 fine.
 

Why Does SCOTUS Hear So Few Second Amendment Cases?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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But then the Supreme Court sort of went quiet for a while. The next truly major Second Amendment case did not arrive until 2022's New York State Rifle and Pistol Association v. Bruen, which extended the logic of Heller and McDonald to recognize "an individual's right to carry a handgun for self-defense outside the home."

The recent news that the Supreme Court has agreed to hear a new Second Amendment dispute later this term raises the interesting question of why it takes the Court so long to hear so few of these kinds of cases. What gives?
 

SAF Files Motion For Summary Judgment In NFA Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Amendment Foundation (SAF) and its partners have filed a motion for summary judgment in one of the organization’s two lawsuits challenging the constitutionality of the National Firearms Act (NFA).

Since 1934, the NFA has required anyone who wished to purchase a silencer, short-barreled rifle, short-barreled shotgun or “Any Other Weapon” (AOW) to pay a $200 tax and register the firearm with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Through the passage of the One Big Beautiful Bill, however, the tax on these arms was eliminated but the registration requirement was left in place.
 

IN: 2nd Amendment lawyer hired by homeowner in Whitestown shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The owners of the Whitestown home where a 32-year-old woman was shot and killed have hired one of Indiana's most prominent constitutional lawyers.

Guy Relford, also known for his weekly "Gun Guy" show on WIBC, has practiced law for more than four decades. He specializes in the Second Amendment.

The shooter — who has not been identified by law enforcement — could face criminal charges in connection with Maria Florinda Ríos Pérez's death, pending the outcome of an ongoing review by the Boone County Prosecutor's Office. Authorities have not confirmed whether the homeowner was the shooter.
 

GA: A Georgia judge has ruled that a city ordinance banning guns in unlocked cars is unenforceable
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Georgia judge Wednesday threw out the case of a man cited for violating a Savannah ordinance that imposes fines and possible jail time for leaving guns in unlocked cars, ruling that the ordinance violates state law and the U.S. Constitution.

The decision by a Chatham County Recorder’s Court judge likely applies only to the case of the defendant who challenged the gun ordinance as part of his criminal defense. Savannah’s mayor said he believes the city will continue to enforce the local law.
 

XS Sights Introduces New Sights for Diamondback SDR and Walther PDP Pistols
Submitted by: Mark A. Taff
Website: www.marktaff.com

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XS® Sights is pleased to now offer Minimalist night sights for the Diamondback SDR and Fiber Optic Sights, Minimalist OR Sights, and Optic Plates for Walther PDP pistols.

Diamondback SDR – Minimalist Night Sights

The serrated, blacked-out rear sight of the Minimalist drives the shooter’s focus toward the tritium front post and downrange threat, making it ideal for those looking for a simple and effective sight upgrade for self-defense.
 

OR: He fatally shot his brother. Oregon jury couldn’t decide if it was murder
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After deliberations that stretched over three days, jurors in the case of a man accused of fatally shooting his brother last year at the family’s popular recreational venue in Washington County told the judge Wednesday morning they were deadlocked.

On Monday, the jury signalled it had reached an impasse in the trial of Robert Horning, 65, who is accused of shooting his brother, Carl Horning, 47, on Jan. 2, 2024.

Horning claimed he fired in self-defense and said his brother was advancing toward him with an empty Kirkland-brand wine bottle.
 

CA: California's Magazine Ban is Now Before the Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A challenge to California's "high capacity" magazine ban is still alive before the nation's high court and has been distributed to the justices for consideration.

Duncan v. Bonta, formerly Duncan v. Becerra, has been working its way through the federal court system since July 2017 and has seen some success, including a 2023 ruling in which U.S. District Court Judge Roger Benitez found the ban to be unconstitutional. However, an en banc court of the U.S. Ninth Circuit this March overturned Benitez's ruling, setting up an appeal by the plaintiffs to the U.S. Supreme Court.

Last week, the high court formally distributed the case for consideration at a court conference, which is a key step to moving forward.
 

Congressman Wesley Hunt Introduces Second Amendment Restoration Act to Repeal Aspects of Safer Communities Act
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Congressman Hunt introduces new legislation: Congressman Wesley Hunt has introduced the Second Amendment Restoration Act, aiming to partially repeal the Bipartisan Safer Communities Act signed into law by President Biden in 2022. The proposed bill would remove federal incentives for states to implement Red Flag Laws and cut funds for expanding the National Instant Criminal Background Check System (NICS).
 

SAF Welcomes 2A Bourbon as Newest Silver-Level Corporate Partner
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Amendment Foundation (SAF) is pleased to announce that 2A Bourbon has joined the organization as the newest Silver-level corporate partner.

“When I decided to start a company that would help raise money to help organizations that stood for the Constitution, I came up with 2A Bourbon as my way to do it,” said Constitutional Spirits owner and 2A Bourbon founder Tim Oates. “Being a lawyer, I understood the courts would be where the battle must be fought and won for our right to bear arms. The Second Amendment Foundation was the first to come to mind, so I reached out to them about my dream, and they embraced it. I am proud to help them as they continue to defend our Second Amendment rights.”
 

Congressman Wesley Hunt introduced the Second Amendment Restoration Act
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This morning, Congressman Wesley Hunt introduced the Second Amendment Restoration Act, which would partially repeal the Bipartisan Safer Communities Act, which was signed into law by President Joe Biden in 2022.

Specifically, the bill would repeal federal incentives for states to implement Red Flag Laws, which is a disastrous violation of due process and our Constitution. In addition, the bill would strip funding for the expansion of NICS, which has led to unconstitutional delays that extend waiting periods for legal firearm purchasers.

This bill still allows law enforcement agencies to prosecute illegal weapons trafficking, but legal firearm owners and Americans hoping to exercise their Second Amendment right...
 

FPC Files Supreme Court Brief Urging Justices to Strike Down AR-15 Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The filing argues that the lower court’s decision upholding Cook County’s ban on commonly owned semiautomatic rifles such as the AR-15 is “based on an interpretation of the Second Amendment that flagrantly distorts this Court’s precedent and makes a mockery of the Amendment’s text, history, and purposes.” That, they say, is irreconcilable with the Supreme Court’s landmark Heller and Bruen decisions.

The brief explains that multiple federal courts have now split on how to apply Bruen’s text-informed-by-history framework, including whether “in common use” is a textual or historical inquiry and which side bears the burden of proof.
 

FPC-Backed Lawsuit Moves to Strike Down National Firearms Act
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Firearms Policy Coalition (FPC) announced the filing of a motion for summary judgment in Jensen v. ATF, an FPC-backed federal case challenging key provisions of the National Firearms Act of 1934 (NFA). The motion—filed in the U.S. District Court for the Northern District of Texas—asks the court to strike down and permanently enjoin enforcement of the challenged provisions of the NFA. The full brief is available at firearmspolicy.org/jensen.
 

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