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Newslinks for 12/28/2023

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MI: Allen Park man sues ATF for confiscating firearms despite clean record after expungement
Submitted by: Corey Salo

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The way Jeramy Wilburn sees it, he only messed up once. The poor decision-making of a child shouldn't determine one's freedoms for the rest of their life, he argues.

The 34-year-old Allen Park resident was known for making YouTube videos about gun safety. He's also a fan of sport shooting and until this past November was free to partake.

Then the Alcohol, Tobacco and Firearms agency took away his firearms because of a past domestic violence conviction which happened years ago. This, despite having the conviction expunged in 2022.

Wilburn's conviction was a misdemeanor in 2008. As punishment, the judge put him on probation and ordered him to take a domestic violence class - no jail time.
 

Susan Collins on right track with bill to require military to use state red and yellow flag laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As just one example, there needs to be more clarity and stronger requirements about how the U.S. military interacts with state laws designed to temporarily limit firearm access for people demonstrated to be a risk to themselves or others — like Maine’s yellow flag law and New York’s red flag law. Both seemingly could and should have been engaged in the case of Lewiston shooter Robert Card.

U.S. Sen. Susan Collins is currently working on a bill that would appear to provide the needed clarity and requirements.
 

California Should Just Admit They Have Lost
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Amendment Foundation and its colleagues in a ground-breaking First Amendment case defending the right of Junior Sports Magazine and others to publish Second Amendment-related material in California have filed a response brief to Attorney General Rob Bonta’s petition for an en banc rehearing in the case of Junior Sports Magazines v. Bonta.

California already lost unanimously on appeal before a three-judge panel.
 

Argentina: Milei sends multi-item reform bill to Argentine Congress
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The bill seeks to restore “the economic and social order based on the liberal doctrine embodied in the National Constitution of 1853,” Milei argued in his note to Congress.

The bill also includes the privatization of 41 public companies -among them, Aerolíneas Argentina, Banco Nación, and YPF. It also introduces changes to the penal code, particularly regarding self-defense in case of a criminal attack.

It would also ratify last week's emergency decree (DNU) providing for the deregulation of the economy.
 

NE: Hilgers on New Gun Law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Federal laws already ban the carrying of firearms in certain sensitive places, such as airports, military installations, and federal buildings. Moreover, Nebraska State law prohibits the carrying of concealed weapons in sheriff and police stations, prisons and jails, courtrooms and polling places, and hospitals, just to name a few. So, prohibiting the carrying of guns in public parks, in parking lots, on sidewalks, and on hiking trails by way of executive order circumvents state law, ignores the intent of LB77, and defies the new precedent set last year by our nation's highest court.
 

WA: WA state laws in 2024: minimum wage, firearm sales, employee cannabis use and more
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With the Legislature’s passage of House Bill 1143, licensed dealers may not transfer any firearm until completion of federal and state background checks of the purchaser’s eligibility to possess a firearm and a waiting period of 10 business days from when the dealer requested the background check.

The gun buyer or recipient must also provide proof of completing a recognized firearms safety training program within the last five years. The program must include safety training for semiautomatic rifles and instruction on state laws regarding use of deadly force for self-defense and techniques on avoiding criminal attacks and management of violent confrontations. Law enforcement officers and trained military personnel may be exempted.
 

Left-wing activists sue to change public policy where their candidates cannot win
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Everytown for Gun Safety, a group founded by former New York City mayor Michael Bloomberg to limit gun rights, has been active in trying to change public policy on guns, including by using its Victory Fund to start a “Demand a Seat” initiative to get its trained activists to run for political office. This year, the group boasted that 17 of its candidates won elections in Virginia alone.

The group launched Everytown Law to focus on being “the largest and most experienced team of litigators in the country dedicated to advancing gun safety in the courts and through the civil and criminal justice systems.”
 

CA: Oddly, California's Myriad Gun Laws Don't Seem to be Doing Anything
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorney General Bonta’s regulations would be a grievous error. By significantly shrinking the number of eligible and qualified instructors, millions of law-abiding Californians could lose access to the most critical aspect of being a responsible gun owner: education and training. Furthermore, for Californians dismayed by widespread violent crime in cities across the state, their ability to seek training and a concealed carry permit will be delayed or prevented entirely. Law enforcement cannot be everywhere all at once, and Americans have a fundamental right to self-defense, which is why this proposed effort to restrict that right is so alarming.
 

MN: ‘Red flag’ gun removal orders become new option in Minnesota in 2024
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Beginning next week, there is a new pathway for petitioning Minnesota judges to temporarily remove a person’s firearms if they’re believed to pose a risk to others or are at significant risk of suicide.

They’re officially called Extreme Risk Protection Orders, often referred to as a “red flag” law.

The policy takes effect on Jan. 1 after the DFL-led Legislature approved and Gov. Tim Walz authorized it earlier this year.
 

MD: Next Steps in Firearm Regulation for Maryland
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In Maryland, laws previously on the books, and some added during the 2023 legislative session, have felt the ripple effects of the 2022 decision. In a recent Washington Post article, political leadership across the state expressed frustration and a commitment to consider a number of appeals and potential legislative avenues to reinstate some provisions. But the effort will not be without its challenges, according to Senate leadership.
 

As 2023 Wraps, WaPo Targets Guns Again, Ignoring Lessons from WA, CO
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Buried about 20 paragraphs into a massive 5,000-plus report clearly aimed at stirring public emotion toward a ban on so-called “assault weapons,” the Washington Post tells about a handful of U.S. Senators—all Democrats—who now regret and wish they could change their votes on gun control legislation following the Sandy Hook tragedy.

The story is detailed and well-written, and it deserves to be read by Second Amendment activists, perhaps for no other reason than to understand how “the other side” thinks and reasons.
 

IL: Federal judge declines to stay assault weapons ban ahead of registration deadline
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“This Court will expeditiously conduct a full review of the legal challenges to PICA on the merits. This also points toward foregoing further preliminary wrangling and going straight to an exhaustive review of PICA and the Emergency Rules on the merits,” McGlynn wrote. “Additionally, Illinois FOID cardholders’ level of compliance with the registration scheme will be discernible within mere days. This overall level of compliance will likely be highly relevant to the review of certain claims on the merits.”

At a Dec. 12 hearing, McGlynn had foreshadowed that he might decline to issue an injunction.
 

CA: Gun laws seek gun safety
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On the same day that your newspaper was reporting that once again a federal judge had interjected his opinion on how states may develop gun safety measures for California — skewing the true intent and purpose of the Second Amendment in order to override a state’s right to protect its own citizens — reports were coming out of Prague of a mass shooting in the Czech Republic that left 14 dead and 25 injured.

It’s proving to be one of the more horrific mass shootings in that country; the previous one was in 2015 when eight people were gunned down in a restaurant before the shooter killed himself.
 

TX: ‘I Was Forced to Defend Myself’: Texas Mother Who Fatally Shot Boy Attempting to Enter Her Duplex Faces Eviction
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“I was cleaning my living room sweeping my floor, and I heard my window start going back up,” Wallace told Fox 4. “So I went, and I stood in the hallway. And I could see him standing at the window, lifting it up. I just shot.”

Shortly before the shooting, an officer responded to her home after she reached out about a break-in. The official filled out a report before leaving the scene. The perp wasn’t captured.

Wallace was not charged, but the case will be evaluated by a grand jury. The mother said she was “devastated” that the perp was so young, but she didn’t want anyone to harm her daughters — ages 2, 4, 8, and 9, according to the report.
 

MI: Lansing police: Tuesday night stabbing was likely self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police said they believe a Tuesday night stabbing on the city's north side was done in self-defense.

Officers were called to the 200 block of East Cesar Chavez Avenue about 10:45 p.m. and found a 31-year-old man who had been assaulted, Lansing police said in a news release. He told them he had stabbed his attacker in self-defense.

A short time later, police were told a man had shown up at a local hospital with a stab wound and identified him as the suspect in the earlier assault. The man was taken into custody and treated for his injuries.
 

Gaston Glock, the Austrian Developer of the Glock Handgun, Dies at 94
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gaston Glock, the Austrian developer of the handgun that bears his name, died on Wednesday. He was 94.

The Glock company announced his death, the Austria Press Agency reported.

Glock, a reclusive engineer, founded the company in 1963 in Deutsch-Wagram, near Vienna. It has since expanded around the world, including a U.S. subsidiary founded in 1985.

Glock handguns are used by police and some countries' military forces, as well as private customers. The weapon was significantly lighter, cheaper and more reliable than the models available when it was created.
 

IN: Homeowner Fires in Self-Defense at Erratic Drifter in Indiana
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The scant details of a late November shooting read almost like a Western – a lot of them were titled “The Man From…” – but seem to indicate an unstable drifter who got himself into trouble.

Police responded to a Nov. 27 call in Vanderburgh County, Ind., according to WTHI-TV, finding a homeowner/area resident who reported that he’d been attacked in his driveway by a man from Vincennes, and fired in self-defense.

The man was found at the scene with a gunshot wound to his leg, which deputies treated with a tourniquet according to the Evansville Courier & Press before transporting him to a hospital. The identity of the man was not released, save that he was from Vincennes, Ind.

 

CA: Federal judge blocks new California gun control law from taking effect in January 2024
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A new California law that would restrict licensed gun holders from carrying their firearms in many public places will not go into full effect on Jan. 1 as scheduled, after a federal judge deemed it unconstitutional.

The law, Senate Bill 2, was signed by Governor Gavin Newsom on Sept. 26 and included an array of gun control measures. On Dec. 20, U.S. District Judge Cormac J. Carney issued an order to stop one of SB 2’s regulations, the ban on licensed gun carrying in a public place.

Ed.: We expect a decision from the 9th in a few days whether they will stay this gun rights victory, or allow the law to remain enjoined while CA appeals it.
 

FL: 10 big legal cases in Florida to watch in 2024
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Nearly six years after Florida lawmakers passed a measure to prevent sales of rifles and other long guns to people under age 21, a Second Amendment challenge to the law is pending at the 11th U.S. Circuit Court of Appeals. The full appeals court said in July it would hear the case, after a three-judge panel upheld the age restriction. But the case has been effectively on hold while the U.S. Supreme Court considers a Texas case about gun restrictions.
 

Senators’ second thoughts can be a first step toward better gun laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Post spoke to seven former and current senators who said they regret their positions against gun-control proposals after the 2012 Sandy Hook massacre, in which an assault-weapon-wielding gunman mowed down 20 children who were 6 and 7 years old: Sens. Michael F. Bennet (D-Colo.), Martin Heinrich (D-N.M.), Angus King (I-Maine) and Mark R. Warner (D-Va.) and former senators Mark Begich (D-Alaska), Heidi Heitkamp (D-N.D.), and Mark Udall (D-Colo.).
 

TN: How history, race and politics divide Tennessee on gun legislation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Johnson said gun control advocates will continue to push for change in the next legislative session, which opens in January.

“I always have hope. I wouldn’t be in this business if I didn’t hope that people would listen,” said Johnson, who also is running for the U.S. Senate. “And we know that 80% of Tennesseans want to see gun sense legislation, 70% want red flag laws, 80% want safe storage laws. At some point the super majority has to start listening to the people. Because it will affect their elections.”

Jack Johnson, a Republican leader in the state Senate, said his constituents do not support such gun control measures as red flag laws to temporarily remove guns from individuals who might harm themselves or others.
 

 QUOTES TO REMEMBER
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible to live without breaking laws. — AYN RAND

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