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Newslinks for 12/9/2023

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NY: Prosecutors Agree He Shot a Man in Self-Defense. They're Still Trying To Put Him in Prison.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A New York City man is facing several years in prison after killing someone who'd broken into his apartment.

But perhaps most interesting is that, at his arraignment last month, prosecutors did not dispute that LaShawn Craig acted in self-defense when he fatally shot Timothy Jones. Instead, they hit Craig with several charges related to the criminal possession of a weapon, because he did not have a license for the handgun he used to protect himself.

On November 17, Craig, who has no criminal history, was standing outside his building talking to a neighbor when he heard his home alarm go off.
 

FL: ‘Stand Your Ground’ claim granted for man charged in shooting at Orlando hotel
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An Orlando man who was arrested after a shooting that left two brothers dead had his murder case dismissed after a judge agreed he only fired his gun in self-defense.

Then 24-year-old Rafael Villaverde had been charged with second-degree murder for his part in the Aug. 6, 2022 shooting that killed 21-year-old Dylan Jimenez and his brother, 28-year-old Bryan Richardson.

 

NY: Federal Court: First Amendment Prohibits New York’s Ban on Firearms in Houses of Worship
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Today, the United States Court of Appeals for the Second Circuit rejected the State of New York’s unconstitutional attempt to make His Tabernacle Family Church (“His Tabernacle”)—and all houses of worship in New York—gun-free zones. First Liberty Institute and the law firms of Clement & Murphy PLLC and Ganguly Brothers PLLC filed the lawsuit on behalf of His Tabernacle, a nondenominational church in Horseheads, New York, founded by Pastor Micheal Spencer. The court affirmed a preliminary injunction blocking the law in December which the state of New York appealed in January of 2023.
 

FL: Bill Would Allow Residents Under Threat to Kill Bears on Private Property Without Permits
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Florida residents who feel that they or their properties are threatened may kill bears without first obtaining a permit. The proposal forbids luring bears onto private property in order to kill them.

Filed on Nov. 29 by State Sen. Corey Simon (R-Tallahassee), SB 632, the Self Defense Act, would allow Florida homeowners to use lethal force against a bear on their own properties if they feel threatened and believe that using that force is necessary to protect themselves or their properties. A twin bill, House Bill 87, was filed in the Florida House of Representatives.
 

IN: Jurors say Bloomington man not guilty in shooting at northside Subway restaurant
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Bloomington man jailed since July on an attempted murder charge after a shooting at a Subway sandwich shop walked out of jail this week when jurors found him not guilty.

Sean M. Rivers, 23, was charged in July with attempted murder after he shot a 51-year-old man he said threatened and lunged at him after Rivers, a Subway employee, asked the man to move his truck that was illegally parked in front of the restaurant on Kinser Pike.
 

Recent Decision Striking Down Handgun Sales to Young Adults
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A recent court decision striking down the federal law that prohibits firearms dealers from selling handguns to 18- to 20-year-old adults could have a very positive effect on young adult Americans’ ability to buy a handgun for self-defense, range use, competition and a number of other perfectly lawful reasons. However, as with most court case decisions, don’t count those chickens before they hatch. In the case Brown v. ATF, Judge Thomas S. Klesh of the U.S. District Court for the Northern District of West Virginia declared the law unconstitutional and granted the plaintiffs’ motion for summary judgment.
 

Colt Competition 1911 Pistol in an ANR Design Holster
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Not everyone is a fan of polymer-frame, striker-fired pistols, and that’s totally fine. The Colt 1911 has been a go-to for home and self-defense for, well, in excess of a century at this point, and is available in calibers ranging from 22 Long Rifle to 50 GI. For those looking to strike a balance in a defensive handgun, models are plentiful in 9 mm today, and we’re looking at Colt’s Competition 1911 in that caliber for today’s kit.
 

Federal Legislation Introduced to Ban “Gas Operated Semiautomatic” Firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Joe Biden has long insisted he would ban what he calls “assault weapons” and has enlisted a motley succession of extreme anti-gun legislators to aid in that effort.

Now, Senators Angus King (IND-ME) and Martin Heinrich (D-NM) have joined that dubious collective by introducing perhaps the most sweeping gun prohibition bill of the 21st Century. Both had voted against prior versions of federal “assault weapons” bans, making their debut effort into the genre notable not only for its scope but as a paradigmatic in-office flip-flop. But, at the end of the day, their bill is just like its predecessors in targeting law-abiding gun owners, while leaving armed criminals unperturbed.
 

NY: Federal appeals court strikes down part of NY gun control law, upholds key provisions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal appeals court on Friday struck down a portion of a New York gun control law that requires concealed carry permit applicants to disclose their social media accounts but upheld other key provisions.

...

The 2nd Circuit also struck down the state's ban on guns by default on private property and will not allow the state to enforce a ban on guns at houses of worship.
 

NY: US appeals court allows many New York restrictions on carrying guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A U.S. appeals court on Friday ruled that New York state could bar gun owners from carrying weapons in "sensitive locations" like parks, zoos, bars and theaters, but it blocked enforcement of new restrictions on bringing firearms on private property open to the public.

The 2nd U.S. Circuit Court of Appeals' decision marked the first time a federal appeals court has ruled on where licensed gun owners can carry firearms since the U.S. Supreme Court issued a landmark ruling last year expanding gun rights.
 

NY: Much of New York’s Gun Control Law Revived Under Bruen Test
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In two separate opinions Friday, the Second Circuit vacated preliminary injunctions against many sections of New York’s restrictions on concealed carry permits and upheld the state’s licensing requirements for gun dealers, reasoning that most of the provisions at issue have historical analogues.
 

Medical Marijuana Growers And Caregivers Can Own Guns, But Patients Can’t, FBI Says In Little-Noticed Memo
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Being a state-registered medical marijuana caregiver or grower doesn’t automatically disqualify a person from owning a firearm, the FBI says. But merely possessing a medical cannabis card as a patient does render a person ineligible.

Amid the growing tension between federal gun policies and the ever-expanding state marijuana legalization movement, a little-noticed FBI memo from 2019 offers a lens into the byzantine legal interpretations surrounding cannabis and firearms—an issue that’s recently been raised in multiple federal court cases.
 

Victory in the fight against the Plastic Gun Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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You made your voice heard, and Congress listened.

The permanent Plastic Gun Ban reauthorization has been REMOVED from the National Defense Authorization Act, or NDAA.

GOA has been fighting to have this gun control removed from the NDAA since it was forced through the Senate in July by Chuck Schumer. This is a great victory for the Second Amendment.

But the battle won’t truly be over until the Plastic Gun Ban has officially EXPIRED…

…and Congressmen are meeting RIGHT NOW to decide whether or not to pass another temporary reauthorization of the Plastic Gun Ban.
 

MD: Maryland handgun license law gets temporary win as appeals court ruling looms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The gun advocacy group will now have to file a response to the state’s request for a rehearing, according to an appeals court administrative official. The court will then consider both legal filings before determining if it will grant Attorney General Brown’s rehearing request.

The court official told FOX45 News this is likely to be a length process before the next court ruling.

Until the court decides on Attorney General Anthony Brown’s petition, Maryland’s HQL law will remain effective.
 

Kobach, 25 attorneys general object to ATF’s proposed rule expanding definition of gun seller
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Kansas Attorney General Kris Kobach collaborated with 25 state attorneys general and Republican leaders of the Arizona Legislature to lobby for withdrawal of a proposed federal regulation that would compel gun sellers to obtain a federal firearm license.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recommended the rule in August to define provisions of the Bipartisan Safer Communities Act. The law was signed by President Joe Biden in 2022 in aftermath of mass shootings in Buffalo, New York, and Uvalde, Texas.
 

Prince Harry shows he prefers the Second Amendment to the First
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Because what makes a private security team in the U.S. different from a private security team in the U.K. is simple. Namely, while appropriately licensed private security teams in the U.S. can carry firearms, private security teams in the U.K. cannot. Harry's U.S. security team is known to be armed. In contrast, private ownership of firearms is highly restricted in the U.K., and private ownership of sidearms is totally restricted. In essence, then, what makes Harry feel safer in the U.S. than he does in the U.K. is not his access to a government protective detail but rather his access to an armed security detail per se.
 

IL: Law’s registration deadline puts public under the gun
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Under Gov. J.B. Pritzker’s new and comprehensive gun-ban law, firearms owners have until Jan. 1 to register more than 170 semi-automatic firearms, attachments and .50-caliber ammunition with the Illinois State Police.

The registration period began Oct. 1. So far, according to news accounts, substantially less than 1 percent of the state’s 2.4 million holders of Firearm Owner’s Identification cards have acceded to the registration mandate.

That number might not be as bad as it sounds, because not all FOID-card holders have the types of guns and magazines barred from sale in Illinois.
 

Pause on American gun exports cripples firearm industry
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Department of Commerce has taken unprecedented steps in its decision to ban the export of American guns. This reckless decision deeply affects gun manufacturers, hurting American jobs and businesses. The ban put in place by the Department of Commerce is an absurd overreach of federal power — one that cripples the American firearm industry.

Without using due process of law, the federal government decided to put in place overly broad and detrimental policies that violate the Second Amendment. We must not only remove the pause, but ensure that federal agencies follow the due process of law in the future. The Oct. 27 pause should never have happened in the first place.
 

New For 2023: Walther Arms PD380
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Walther Arms knows a thing or two about self-defense handguns as the manufacturer of one of the most famous concealed carry handgun in the world, the PPK. While the company still manufactures that iconic handgun, over the years, it has modernized its compact .380 ACP pistol line-up, with models like the PK380 and CCP M2 .380. New for 2023, Walther is introducing what it calls "covert carry re-imagined." It is the PD380, an update of Walther's PK380 platform using innovations developed for its PDP series of 9 mm Luger handguns.
 

NY: 2nd Amendment group sues Cortland Housing Authority
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A suit against the Cortland Housing Authority was filed Thursday by three of its residents and a gun rights organization for its policy banning firearms on the housing authority’s properties.
 

Taurus Defender 856 T.O.R.O.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Taurus revolvers have a cult following because they’re both solid and much less expensive than S&W. Their 856 3-inch carry revolver, for example, has every feature you want in a self-defense wheelgun—smooth double action pull, 6-shot steel cylinder, cushy grip for recoil mitigation, etc.—yet it’s now made better by the addition of an optics-ready frame, hence the T.O.R.O. (Taurus Optics Ready Option) moniker. The Defender’s slide has been milled to accept any optic with a Holosun K footprint. To my knowledge and according to Taurus, this is the first time it’s been done in a factory offering. And why not?
 

EAA/Girsan Now Shipping MC14T Lady Tip-Up
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Maintaining its core design, the MC14T remains the easiest loading and unloading pistol on the market with the Tip-Up™ barrel feature. The slide does not need to be racked for a round to be chambered. Just simply utilize the Tip-Up™ barrel feature to load a round, lock the barrel, disengage the safety and fire!
 

 QUOTES TO REMEMBER
The whole of the Bill of Rights is a declaration of the right of the people at large or considered as individuals. It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of. — Albert Gallatin of the New York Historical Society, October 7, 1789.

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