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Newslinks for 2/17/2024

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Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Just before I sat down to write this week’s installment, a federal district judge in central Florida handed down a 42-page ruling, posted online by Reuters, which declared the long-running ban on carrying firearms inside post offices is a Second Amendment violation.

U.S. District Judge Kathryn Kimball Mizelle, a Donald Trump appointee (see, elections do matter!) put it bluntly, which seems to be a hallmark among conservative judges now unraveling a lot of truly egregious legislation and regulations adopted over the years that have restricted your rights. Here’s part of what she said:
 

The Truth About “Trench Guns”
Submitted by: Mark A. Taff
Website: www.marktaff.com

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During the First World War, the Winchester M1897, fitted with the M1917 bayonet, (colloquially called the “trench gun” by collectors) became perhaps the most iconic and immediately recognizable American small arm of the conflict. It is unusual, it is intimidating and from the very start was surrounded by misconceptions, myth and mystique. The popular narrative generally lays out a linear tale of an initial general fielding to the American Expeditionary Force (AEF), a panicked and plaintive German complaint in response to the brutal battlefield efficiency of the shotgun, and a cry to “send more shotguns!” from the Doughboys who were enamored with the tool. As with most history, there is much more to the story.

 

MO: When is a gun illegal in Kansas City? These are the remaining restrictions in Missouri
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In the wake of a mass shooting that left one dead and 22 injured Wednesday at the Kansas City Chiefs’ Super Bowl victory rally, many discussions turned to the topic of guns. What are the laws governing them in Missouri? And when is a gun illegal in Kansas City? Missouri law generally allows firearms to be carried by adults, including anyone over 18, at parades and other large-scale gatherings such as the parade downtown and the rally at Union Station, which were expected to draw hundreds of thousands of people.
 

GA: Atlanta Attorney Leads Purported Self-Defense Claim to $20.7M Wrongful Death Verdict
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An Atlanta attorney was able to turn a purported self-defense shooting into a $20.7 million wrongful death verdict against a man who was never criminally charged by revealing new evidence previously unknown to law enforcement, all while breaking in new associates.

Last week, a jury for the U.S. District Court for the Middle District of Georgia reached a verdict awarding the daughter of a deceased man $20.7 million for his wrongful death at the hands of his sister’s significant other in Harris County, Georgia, in 2019.
 

"Manipulation of fear": New analysis blows hole in "good guy with a gun" myth
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Fueled by right-wing politicians and the powerful gun lobby, nearly three-quarters of firearm owners in the United States believe the enduring myth that a gun at the ready will keep them safer—but a new analysis offers the latest hard evidence that guns simply make life more dangerous and deadly for everyone.

The Center for American Progress (CAP) joined gun violence research group GVPedia to release an issue brief debunking the falsehoods pushed by the National Rifle Association (NRA) and other pro-gun groups, which, looking to "counter the horrors of everyday gun violence in America...
 

SC: South Carolina House Returns Constitutional Carry Bill to Senate
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On February 13, 2024, the South Carolina House rejected changes to the Constitutional Carry bill, which was passed in the South Carolina Senate in January. The House re-passed the bill as it was previously overwhelmingly passed by the House in 2022. The vote for H 3594 was 85 to 26, with 8 house members not voting and four house members on excused absences. The House Majority leader, Davey Hiott explained the action.
 

NH: NH Senate Republicans block guns bills, including ‘red flag’ law and waiting period
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Hampshire Senate Republicans blocked an effort to enact an extreme risk protection order system, sometimes referred to as a “red flag” law.

The proposal up for debate Thursday would have allowed someone’s relatives or law enforcement to petition a court to temporarily remove firearms out of concern that they are a danger to themselves or others.

If passed, New Hampshire would have joined approximately 20 other states that have enacted red flag laws. A red flag proposal cleared the New Hampshire Legislature in 2020 but was vetoed by Gov. Chris Sununu, while another effort failed last legislative session.
 

MA: Navigating the Legalities of Pepper Spray in Massachusetts
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In Massachusetts, pepper spray is considered a legal self-defense tool. However, there are specific regulations governing its use and ownership. People over the age of 18 are allowed to possess pepper spray, mace, or other self-defense sprays without requiring a Firearms Identification (FID) card​​. This policy change came into effect in 2014, when the Massachusetts state legislature voted to remove the FID requirement for purchasing, possessing, and using pepper spray for self-defense​​.

 

WY: Wyoming Caucus Blasts Freedom Caucus Republicans For Killing Firearms Bill
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Nephi Cole, director of government relations and state affairs for the National Shooting Sports Foundation, said Crago’s bill was solid and sound.

“This was a good bill that ended up in the crosshairs of a political fight,” Cole said in the press release. “This bill prohibited tracking firearms purchases, it penalized discriminating against firearms merchants, and it provided real protection for Wyoming gun owners. We’re very disappointed that a bill that fought for Wyoming became a victim in this case.”

Crago’s bill would have targeted efforts by certain financial institutions to track purchases made at firearms retailers. This collected information can theoretically be used by a consumer at a later date.
 

TX: Dem Senate Candidate And Gun Control Advocate Has Shelled Out Thousands For His Own Private Security
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Democratic Rep. Colin Allred of Texas, who is challenging Republican Sen. Ted Cruz in 2024, has given thousands to a private armed security company despite his history of supporting gun control.

The Senate candidate is a vocal critic of the Second Amendment, supports firearm regulation and has backed anti-police measures in Congress. Allred’s campaigns have disbursed thousands to Eagle Protective Group, which offers private armed security, as well as hundreds more to individuals who appear to be police officers for security, according to Federal Election Commission (FEC) data.
 

CO: Lawmakers Advance Bill Mandating More Training To Carry Concealed Handguns in Colorado
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a party-line vote of 8-3 late Tuesday, the Colorado House Judiciary Committee passed a bill to tighten concealed handgun permit requirements.

The legislation (House Bill 24-1174) requires gun owners to complete an eight-hour in-person class that includes a live-fire exercise, demonstrating competence with a firearm, a written exam, and a refresher course to renew a permit.

The proposed law was introduced by House Majority Leader Monica Duran (D-Wheat Ridge) and state Rep. Marc Snyder (D-Manitou Springs), with state Sen. Kyle Mullica (D-Thornton) sponsoring in the Senate.
 

MO: Proposed legislation on two gun law changes scrapped in Missouri after parade shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Rep. Jonathan Patterson, Republican Majority Floor Leader. said in a statement that "while I do think both proposals are worthy of debate, they have no path to becoming law at this point. "Now is not the appropriate time to be taking up those bills and therefore they will not be brought up this session."

This comes after the mass shooting at Wednesday's after the Chiefs Champions Victory Parade and rally at Union Station.
 

CA: FPC Files Appellate Answering Brief in its Lawsuit Challenging California’s Handgun Carry Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Today, Firearms Policy Coalition (FPC) announced that it has filed a response brief with the Ninth Circuit Court of Appeals in its Carralero v. Bonta lawsuit, which challenges California’s newest ban on firearm carry. FPC secured a preliminary injunction in this case at the district court last year, and it remains in effect while California appeals. The brief can be viewed at FPCLegal.org.

“Though the State has marshalled a small army of historians, their evidence often supports Plaintiffs’ arguments,” argues the brief. “California fails to show that any of its proffered analogues are sufficiently widespread within the relevant time period—the Founding era—or relevantly similar in ‘how’ and ‘why’ they burden the right to self-defense.”
 

In the Biggest Cases, Big Law Tilts Decisively Left
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Also included are another abortion case, June Medical Services v. Russo, and a Second Amendment case, New York State Rifle and Pistol Association v. Bruen.

Abortion, religious freedom, gender identity, and Second Amendment rights – these are the flashpoint social issues within American society. And in the five high-stakes cases studied by Muller, in which Big Law lawyers filed 98 merits amicus briefs, elite firms sided with the liberal position a staggering 94.9% of the time.
 

Our thought and prayers-really-
Submitted by: Mark A. Taff
Website: www.marktaff.com

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...the Missouri Representative made headlines by permitting individuals as young as 19 to carry concealed weapons without a permit. Research studies have consistently shown that increasing access to firearms correlates with a higher risk of firearm-related deaths and injuries. Allowing minors as young as 19 to carry concealed weapons without proper training or permits could increase the chances of accidents, misuse, or impulsive actions. These risks should not be taken lightly, especially when it comes to the safety of the general public.

The decision to allow minors to carry concealed weapons without a permit raises concerns about their emotional and mental maturity.

Ed.: 19-year-olds aren't minors.
 

How the NRA and the GOP broke America
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Yesterday, America experienced another horrific mass shooting, this time at the Super Bowl victory parade for the Kansas City Chiefs.

The state’s gun-loving governor, Mike Parson, apparently “ran scared” from the site of the shooting, according to witnesses.

We are literally the only country in the world that is experiencing this magnitude of gun crisis. Half of the guns in civilian hands in the entire world are here in the United States, so it shouldn’t surprise anybody that the leading cause of childhood death in the US is bullets.

 

TX: Church Security Save the Day, Suspect DRT for the WIN
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Church shooting:

Days ago, on “Superbowl Sunday,” a woman who was already on the FBI watch list, entered the enormous Lakewood Church in Houston, TX. This is a regularly-televised “megachurch,” presided over by smiling televangelist, Joel Osteen

The woman was wearing a long trenchcoat (which concealed an M4) and was escorted by her seven-year-old son. Her suspicious demeanor and trenchcoat immediately attracted the attention of armed church security personnel (mostly off-watch police officers, who are also members of the church)
 

MO: How have Missouri’s gun laws changed over the past 25 years? Here’s a timeline.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Missouri gun laws have changed in the last 25 years, and they are at the forefront following a mass shooting at the Chiefs’ Super Bowl victory parade at Union Station Wednesday. The gunfire, which broke out near the end of the citywide celebration amid thousands of fans, sent nine children to the hospital with bullet wounds. The number of victims in the shooting rose to 23, police said Thursday morning. One of the victims was a Johnson County mother of two and beloved disc jockey who died. At this point in time, Missourians can purchase a gun without a permit, carry concealed firearms in most places without a permit and claim immunity in armed confrontations. Minors are also allowed to carry guns on public land without supervision.
 

Is your local gun shop selling guns used in crimes? This list of stores is on ATF's radar.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The gun violence prevention group Brady has a “Code of Conduct” it encourages licensed gun shops to follow. Among other things, it urges shops to prevent illegal firearm trafficking and to:

Forbid cell phone usage, which can be a signal the true purchaser is directing the sale
Match the name on the credit card used at purchase and the name on the 4473 background check form
Add surveillance to spot cash exchanges in the parking lot
Increase training for employees
Limit handgun purchases to one per transaction and any firearm purchases to one per month
Require locking up gun inventories overnight
None of those measures are mandatory under federal law.
 

TN: TN lawmakers introduce bills meant to prevent convicted felons from getting guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Tennessee legislators introduced two bills designed to prevent violent gang activity and gun crime, according to a release from Democratic lawmakers.

The release describes two specific bills — the first makes it a Class E felony to buy a gun for someone legally prohibited from having one and the other prohibits giving, lending or transferring a gun to someone who can't have them.

The first bill, SB 2123, was introduced by Sen. Heidi Campbell (D - Nashville). Lawmakers said it is meant to address "straw purchasing," a practice in which a person buys a gun from a store on behalf of someone else.
 

 QUOTES TO REMEMBER
The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The exercise of a right guaranteed by the Constitution cannot be made subject to the will of the sheriff. [People vs. Zerillo, 219 Mich. 635, 189 N.W. 927, at 928 (1922)]

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