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NC: Can the noise ordinance stop the sound of gun discharges in Asheville?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Asheville's noise ordinance was actually at the center of a somewhat controversial overhaul in July 2021. The updated noise ordinance, which took effect September 2021, put some decibel limits in place where before there were none, targeting noise originating from industrial, commercial and business districts, including downtown.

Limits vary based on time of day and district.

But, as city spokesperson Kim Miller pointed out, after some dialogue with Development Services staff where the noise compliance division is housed, the noise ordinance does not address the legal discharge of a firearm, such as from a firing range, for example.
 

She lost her gun rights for passing a bad check. Now she wants the Supreme Court to restore them
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Utah woman convicted of a felony for trying to cash a fake check in 2008 has taken her fight to own a gun to the U.S. Supreme Court.

Her attorneys filed a petition for review with the high court last week on this question: Whether the Second Amendment allows the federal government to permanently disarm petitioner Melynda Vincent, who has one 15-year-old nonviolent felony conviction for trying to cash a bad check.

“She has no history of violent behavior or other conduct that suggests she could not responsibly possess a firearm for self-defense,” her lawyers wrote. “And for more than 15 years, she has been a law-abiding citizen.”
 

HI: Hawaiians Face Gun Sales Shutdown
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Prospective Hawaiian gun buyers and carriers received an unpleasant gift from their local officials this week when gun permitting was effectively cut off in the state. The failure of localities to set up a recertification process for safety instructors has left applicants for purchase permits and carry licenses without a way to obtain the classes required to complete the process. And that issue could persist for weeks or even months.

While that’s a pretty clear Second Amendment violation, I explain why it will be more difficult than you might think to get a court to intervene unless the issue really does drag on for months.
 

The Second Circuit, The Second Amendment, and Social Media
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the Concealed Carry Improvement Act (“CCIA”), based on the Second Amendment.

One challenged provision of the CCIA related to its requirement that an applicant for a concealed-carry license attend an in-person meeting with a licensing officer and disclose, among other things, “a list of all former and current social media accounts from the preceding three years.”

Ed.: The Second Circuit is comprised of NY, CT, & VT.
 

TX: Rising trend of stolen firearms linked to officer-involved shootings in San Antonio
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It started on August 24. A total of five shootings over thirteen days.

The suspects are all armed with guns unknowingly supplied by law-abiding gun owners.

"Those are examples of of crimes that have been committed with firearms that we believe to have been stolen," said Joe Gonzales.

Each suspect is armed with guns stolen from gun owner's cars

This is a troubling trend according to Bexar County District Attorney Joe Gonzales who is sounding the alarm as people are out shopping and making holiday returns.
 

WY: Wyomingites Should Think Twice Before Selling Guns To People In Colorado
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Crossing the state line from Wyoming into Colorado means crossing into a stricter, confusing patchwork of gun regulations that Wyomingites must be cautious about when selling firearms to their friends to the south, a legal expert said.

“I think a dealer would be well advised to not sell ARs to people from Boulder. In fact, I would hesitate to sell a gun to any Colorado resident since they have other weird laws, like banning ‘high-capacity’ magazines,” said Christopher Crofts of Cheyenne, the former U.S. Attorney for the District of Wyoming.
 

CA: SAF Files Amicus Brief In California Gun Magazine Ban Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Amendment Foundation has submitted an amicus brief supporting the plaintiffs in a federal challenge of California’s ban on so-called “large-capacity magazines” in a case known as Duncan v. Bonta.

The brief was filed with the Ninth U.S. District Court of Appeals in San Francisco. SAF’s brief was prepared by attorneys Edward A. Paltzik, Serge Krimnus, and Meredith Lloyd with Bochner PLLC.

The brief refutes California’s argument that gunpowder storage laws relate to the state’s magazine ban.
 

GA: Self-defense robbery shooter charged with murder
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police say further investigation revealed that Antonio Stephens, 22, and Daniel had conspired to rob Houston at gunpoint. During the incident, Houston fired his own gun at Daniel and shot him in self-defense.

...

On Dec. 28, Houston was also arrested and charged with felony murder due to the incident’s connection to an alleged attempted criminal drug sale. Houston was also charged with criminal attempt sale of marijuana and possession of a firearm during the commission of a felony.
 

Armed women nationwide refused 'to be victims' in 2023 as gun ownership increases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun ownership among women has skyrocketed over the last few years, and in 2023, women from coast to coast used their firearms to thwart attacks or crimes.

Fox News Digital reported on legally armed Americans throughout the year who have defended themselves, their family and even strangers, and looked back at some of the women this year who used their firearms in self-defense.

​​An Alabama mom, for example, shot and killed a man who was acting "out of his mind," and allegedly trying to set a house on fire with the mom, her 8-year-old daughter and 80-year-old uncle still inside the residence back in April.

 

Smith Wesson Updates the SD9 Series with Improved 2.0 variant
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Taking the company's sleeper value 9mm pistol series and injecting a better trigger and other upgrades, Smith & Wesson has debuted the new SD9 2.0 line.

Originally introduced in 2010 with a distinctive black polymer frame and a stainless-steel slide and barrel, the S&W SD9 at the time was a follow-up to the original M&P series striker-fired pistols and was a ground-up reboot of the Sigma line. Short-lived in its initial form, it was reintroduced in a gray/black and FDE/black variant in 2015 then in an enhanced SD9 VE model that debuted in 2018 to complimentary reviews. Best yet, it was priced at around $300, making it an American-made alternative to guns like the Taurus G2/G3 and Canik TP9.
 

Man Who Shot YouTube Prankster Freed From Jail
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The judge told Colie if you carry a firearm, you must live with the consequences of using that gun, even in self-defense situations.
“Heavy wears the crown, or in this case, holster,” Snow said.
Mr. Colie is now a convicted felon and is barred from owning any firearm. His concealed carry permit has also been revoked.

Mr. Colie is going to appeal the guilty verdict for unlawfully discharging a firearm in an occupied building since he claims the use of a gun in self-defense is not unlawful. There is no timeline for the appeal, but Colie got to spend Christmas at home. Mr. Tanner has no plans to stop filming “pranks” for his YouTube channel.
 

Another Revolver Saves the Day in Polar Bear Attack
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Sunday, March 24, 2013, a determined polar bear made a fatal error in the prey selection process. The six-year-old healthy male would not be deterred from getting at two humans in a cabin located on Svalbard (administered by Norway) at Hornsund on the island of Spitsbergen. Hornsund is the most southern fjord on the southern tip of the Island of Spitsbergen in the Svalbard archipelago, about 140 km south of Longyearbyen.
 

IL: With One Week Remaining, 99.4% of Illinois Gun Owners Have Said ‘No Thanks’ To Gun Registration
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With a December 31 deadline fast approaching, the Illinois State Police released their Week 11 compliance update on Wednesday and it’s a doozy. While thousands of Illinois gun owners have dutifully complied, millions have not. Holders of 15,164 Firearms Owner ID cardholders have registered an average of about 3.5 covered items each.

Put another way, 2,400,317 FOID holders have registered…nothing. Running that through some public school math, that yields a 99.4% non-compliance rate.
 

CA: District Court Calls California Gun-Control Attempt “Repugnant”
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge recently deemed California’s new carry law, set to take effect on January 1, “repugnant to the Second Amendment.”

On Dec. 20, U.S. District Judge Cormac Carney granted a preliminary injunction blocking portions of the state’s new carry law, which would have banned Californians—even those with a hard-to-obtain concealed-carry permit—from carrying concealed firearms in more than two dozen places, like churches, banks, hospitals, and on public transportation. In making the ruling in May v. Bonta, Judge Carney described the law as “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”
 

Barrasso, Lummis help reintroduce ATF Accountability Act of 2023
Submitted by: Mark A. Taff
Website: www.marktaff.com

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U.S. Sens. John Barrasso and Cynthia Lummis, both R-Wyo., joined Sen. Mike Braun (R-Ind.) and their Republican colleagues in reintroducing the ATF Accountability Act of 2023 to provide transparency at the Bureau of Alcohol, Tobacco, Firearms and Explosives for gun owners and manufacturers across America.

A news release from Wyoming’s Senate delegation said the ATF engages in a secretive classification review process where the agency makes decisions about whether a particular firearm is regulated by the National Firearms Act.
 

CA: Two dumb arguments about gun control
Submitted by: Mark A. Taff
Website: www.marktaff.com

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If it has some initial plausibility as a good right to have, it’s certainly not as strong as the plausibility of the First Amendment. In other words, on the face of it, the First Amendment appears to be a much stronger candidate for being an absolutely necessary fundamental right. The First Amendment also does not suffer from as many countervailing negative social consequences as the Second Amendment.
 

On the Health Docket for the Supreme Court's 2024 Term
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun violence is a scourge in America. This year, firearms have killed more than 40,000 people, including over 1,300 teens and nearly 300 children -- on average, about 114 total deaths every day. For many years, the Supreme Court has had a light touch on the Second Amendment, ruling that it still allowed a host of commonsense gun laws. Not anymore. The court's new conservative super-majority has made it nearly impossible to enact meaningful gun safety laws.
 

MN: Minnesota’s Red Flag Law Begins Next Week
Submitted by: Mark A. Taff
Website: www.marktaff.com

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However, the implementation of such orders has raised concerns among gun rights groups, who argue that they may encroach upon Second Amendment rights.

Rob Doar of the Minnesota Gun Owners Caucus highlighted the potential issue of orders being issued with limited or no evidence, potentially violating constitutional rights.

Law enforcement will be responsible for enforcing these orders on a case-by-case basis, often involving a visit to the individual’s residence to present and execute the order.

The law also permits individuals to voluntarily surrender their firearms to a family member or a federal firearms license holder for the duration of the order.
 

FL: 'It's got to stop': Bay Area law enforcement beats drum on gun thefts from unlocked cars
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Every agency keeps stats differently, but Gualtieri said in the last 30 days, the Pinellas County Sheriff's Office had 17 reports of guns taken from unlocked cars.

Deputies with the Polk County Sheriff's Office have taken reports of 113 guns stolen from cars this year, of which two-thirds were likely unlocked.

The Tampa Police Department have been told of 191 guns stolen from unlocked cars in 2023.
 

PA: Pa. lawmakers try to increase penalties for bringing a loaded gun to an airport
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There have been 102 weapons incidents across Pennsylvania this year, according to the TSA.

Rep. Dan Frankel, D-Allegheny, is introducing legislation to remove someone’s carry permit should they try to carry a loaded firearm onto a plane.

“You know, just – it’s hard to understand why this doesn’t get into people’s heads that they can’t do this,” he said. “And so now I think we have to take a look at, you know, an additional penalty that hopefully will be meaningful enough that people will take care not to behave just this way.”
 

HI: Why Hawaii’s Gun Sales Ban Will be Hard to Challenge in Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The most prominent has to do with the nature of the ban. It’s not a straightforward sales ban. Instead, it stems from how Hawaiian officials have seemingly bungled implementing the state’s new training requirements. Law enforcement officials need to certify instructors under the state’s new gun-carry law once it goes into effect in a few days, but none of them seem to have created those new certification processes yet. That means, for now, nobody can obtain the training that’s required to buy a gun or get a gun-carry permit because nobody is yet certified to teach it.
 

As 2023 comes to close, WaPo again targets guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Washington Post is ending the year with another effort to erode the Second Amendment by promoting a ban on so-called “assault weapons.”

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.
 

 QUOTES TO REMEMBER
Democracy must be something more than two wolves and a sheep voting on what have for dinner. — JAMES BOVARD (1994)

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