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Newslinks for 3/23/2023

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CA: A boom for concealed carry classes, but long waits for permits
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Business has been booming for Ziyad “Zip” Showket, a firearms instructor in liberal Marin County — thanks to six justices on the nation’s highest court.

For two decades across four Bay Area counties, Showket has been schooling retired law enforcement officers, mall cops and the rare civilian allowed under local ordinances to carry a concealed handgun. The courses include live fire training; deep discussions about the legal, ethical and psychological consequences of taking a life in self-defense; and practical concerns, such as what to do if you have to pee while armed. (Answer: Skip the urinal and “wait for a stall.”)
 

NY: Appeals court weighs constitutionality of NY concealed carry law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A three-judge panel of the U.S. Second Circuit Court of Appeals is weighing whether New York’s Concealed Carry Improvement Act is constitutional.

The justices, during a hearing Monday, listened to arguments in four related cases concerning the CCIA, including one brought by Niagara Falls pastor Jimmie Hardaway Jr. of Trinity Baptist Church and others.

One of the three justices hearing the arguments suggested that whatever constitutional determination they make is likely to be reviewed by the U.S. Supreme Court.
 

TX: ‘He Has a Battle Rifle’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Almost a year after Texas’ deadliest school shooting killed 19 children and two teachers, there is still confusion among investigators, law enforcement leaders, and politicians over how nearly 400 law enforcement officers could have performed so poorly. People have blamed cowardice or poor leadership or a lack of sufficient training for why police waited more than an hour to breach the classroom and subdue an amateur 18-year-old adversary.

But in their own words, during and after their botched response, the officers pointed to another reason: They were unwilling to confront the rifle on the other side of the door.
 

MI: Armed Citizen Shoots a Repeat Criminal & Saves Lives in Detroit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Crime happens everywhere and at any time. In this case, the good guys were about ten miles northeast of downtown Detroit. They were attacked just before ten o’clock on a weekday night. An armed man with his concealed pistol license was headed to a delicatessen with his friend. You could go out for a snack and leave your gun at home, but they needed a firearm for self-defense that night.
 

NY: The NRA is Fighting Back
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The freedoms of speech and association are non-negotiable in our great nation, so the NRA is headed to the U.S. Supreme Court to protect them. The petition for certiorari filed recently in the NRA’s First Amendment litigation against New York State officials confronts a scheme by former New York Gov. Andrew Cuomo (D) and his top financial regulator to interfere with the NRA’s banking and insurance relationships, all in an attempt to put the NRA out of business.
 

VA: Isle of Wight considers new restrictions on target shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Isle of Wight County supervisors are contemplating new restrictions on recreational target shooting. Isle of Wight’s current firearms ordinance makes it a Class 1 misdemeanor to fire a gun within a 1,000-foot radius of a “platted subdivision” of five or more homes. A change proposed by County Attorney Bobby Jones would make it “unlawful for any person to discharge a firearm for recreational or target shooting purposes” if the bullet “will, or is likely to” leave the gun owner’s property boundaries, unless “permission to do so has been granted by the adjacent landowner.”
 

FL: Police: gunman in deadly Ocean Drive shooting may have acted in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police have provided new details about a weekend shooting in the heart of South Beach’s entertainment district that left a man dead and prompted city officials to take steps in an attempt to stop the spring break chaos.

Friday night’s shooting on Ocean Drive and Seventh Street set the sad tone for a bloody spring break weekend in Miami Beach.

Wednesday night, Miami Beach Police said they believe this incident, the first of two shootings to take place over the weekend on Ocean Drive, could have been carried out in self-defense.
 

MD: Baltimore Police rule February shooting as justified in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Baltimore Police detectives have determined a February 7 shooting was justified in an attempted robbery.

According to police, 42-year-old Joseph Garrison attempted to rob a 24-year-old male who used a licensed handgun to shoot and kill Garrison in self-defense.
 

MT: Bill That Would Allow Students to Fight Back in Bullying Incidents Moves Through Legislature
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Stacy Roope says her 16-year-old son Trey is bullied every day in the hallways and even while walking to school. She said her son is constantly tormented, and what’s worse is that he isn’t able to defend himself.

“Trey is not afraid of the kids who bully him, but in the back of his mind he’s always thinking about what’s going to happen today,” Roope said. “It’s an emotional roller coaster that happens to him every day, one day he could walk to the school with no issues, the next day he’s getting slammed into the lockers.”
 

OK: Lawmakers Look To Bolster Defense For Abused & Raped Women
Submitted by: Mark A. Taff
Website: www.marktaff.com

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House Bill 1639, by Hasenbeck, creates the “Oklahoma Domestic Abuse Survivorship Act.” The bill requires that state courts consider domestic abuse as a mitigating factor when a defendant presents evidence indicating she has “been abused physically, sexually, or psychologically” by the person the defendant killed. The legislation applies to cases where a defendant has been charged with a crime against an intimate partner where “self-defense could have been raised as an affirmative defense.”
 

Senator Tillis’ concealed carry bill deserves a ‘yes’ vote
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Thankfully, Sen. Thom Tillis (R-NC), along with 44 of his Senate colleagues, recently introduced the Constitutional Concealed Carry Reciprocity Act, which would allow individuals with concealed carry permits in their home state to exercise those rights in any other states that allow concealed carry, while still abiding by that state’s laws.

This legislation is exactly the recognition we need to show that our right to self-defense shouldn’t disappear because we cross state lines.
 

The DOJ Says Forbidding Pot Users To Own Guns Is Like Telling People Not To Carry Guns When They're Drunk
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Every state prohibits driving while intoxicated, recognizing that alcohol use impairs the ability to safely operate a motor vehicle and increases the risk of potentially lethal accidents. Using a cellphone also impairs the ability to safely operate a motor vehicle and increases the risk of potentially lethal accidents. It therefore makes sense to prohibit cellphone users from owning cars.

That faulty syllogism bears more than a passing resemblance to the Biden administration's defense of the federal law that makes it a felony for cannabis consumers to possess firearms.
 

VT: House gives preliminary approval to new gun restrictions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a vote that largely fell along party lines, the Vermont House gave preliminary approval Wednesday to a bill that would place new restrictions on gun storage and impose a 72-hour waiting period on gun purchases.

The bill, H.230, also would provide a new route for families and household members to petition courts for gun removal as part of an “extreme risk protection order.”

In three separate votes, the Democratic majority held together. Notably, support never exceeded a veto-proof 100 votes, though several lawmakers had left by the second vote. Gov. Phil Scott said at a recent press conference that new gun restrictions are a “non-starter” for him.
 

FL: ‘Open Carry’ measure now off the table, disappointing Second Amendment advocates
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Florida gun rights activists will have to settle for, at most, permitless carry this Legislative Session.
Less than 24 hours after a GOP lawmaker filed an amendment to gun legislation that could potentially allow open carrying of firearms in Florida has been withdrawn, disappointing Second Amendment advocates.

That leaves the gun legislation, a permitless carry bill, to proceed to a vote before the full Florida House of Representatives later this week.
 

NH: House Defeats More Anti-Gun Bills
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Wednesday, the New Hampshire House held floor votes on more anti-gun bills. Thanks to the strong support of NRA members and Second Amendment supporters, the bills were defeated and will not move forward this session. NRA-ILA would like to thank all Representatives who defended the Second Amendment for law-abiding citizens in the Granite State.
 

CA: Federal Judge Blocks Key Parts Of California Handgun Law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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U.S. District Court Judge Cormac Carney, sitting in Santa Ana, wrote Monday that California’s requirements for new handguns are unconstitutional and cannot be enforced. Because of these restrictions, Carney wrote, no new models of semiautomatic handguns have been approved for sale since 2013 and Californians are forced to buy older and potentially less safe models.

He issued a preliminary injunction to take effect in two weeks, meaning the state would have to stop enforcing the law. The delay gives the state Department of Justice time to appeal.
 

Recent court ruling endangers women by allowing their abusers to keep their guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The absurdity of interpreting the Constitution solely based on the conventional wisdom of the late 18th Century was revealed again in a Feb. 2 decision by the U.S. Court of Appeals for the Fifth Circuit. The ruling declared unconstitutional a federal law that prohibits individuals subject to restraining orders in domestic violence cases from possessing firearms. The court said the law was unconstitutional as firearm regulations did not exist in 1791 when the Second Amendment was adopted.
 

AK: Gun rights protection during state emergencies? Speaker Cathy Tilton has a bill for that
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A few years ago, legislation to protect Americans’ civil rights during emergencies might have been thought redundant. After all, there is the U.S. Constitution.

Then came Covid-19, and Americans watched their civil rights of free speech and the right to move and associate freely dissolve in lockdowns, shot mandates, and business shutdowns.

Now, lawmakers in Alaska want to make sure that such executive emergency orders in the future do not infringe on Alaskans’ Second Amendment rights, if ever a governor in Alaska decided that was a good idea.
 

TX: Gun Bills Heard by Texas House Committee This Week!
Submitted by: Mark A. Taff
Website: www.marktaff.com

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House Bill 175 (Rep. Matt Schaefer-R)
Expands expungement provisions from last session’s constitutional carry law to include persons who were placed on deferred adjudication community supervision for an offense of unlawful carry of a handgun committed prior to the effective date of the 2021 law.
 

Judge Blocks Feds From Enforcing ‘Ghost Gun’ Ban Against Polymer80
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The country’s largest unfinished firearm parts maker is no longer subject to President Biden’s ban on homemade gun kits.

...

“The Final Rule’s redefinition of “frame or receiver” conflicts with the statute’s plain meaning. The definition of ‘firearm’ in the Gun Control Act does not cover all firearm parts. It covers specifically ‘the frame or receiver of any such weapon’ that Congress defined as a firearm,” Judge O’Connor wrote in Polymer80 v. Garland. “That which may become a receiver is not itself a receiver.”
 

TN: Senate panel clears path to lower permitless gun-carry age to 18
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Senate Judiciary Committee voted Tuesday to drop the permitless gun-carry age to 18 from 21, aligning Tennessee with a pending court order.

The panel endorsed the legislation by Sen. John Stevens, R-Huntingdon, on a 7-2 vote after amending the measure to exclude "long guns." Removal of rifles from the legislation puts it in conflict with the House version of the bill and could force a compromise.
 

Barriers to Native American gun purchases lowered in bipartisan House bill
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Johnson told Fox News Digital that while even non-U.S. passports are allowed to be used as valid identification to buy a firearm, IDs used by people living in areas designated by the Federally Recognized 19 Indian Tribe List Act of 1994 are not.

"Classifying tribal IDs as an invalid form of identification for the purchase of firearms limits tribal sovereignty and tribal members’ ability to obtain a firearm," Johnson said. "A foreign passport is accepted as a valid form of identification – a tribal ID should be no different. My bill corrects this oversight, ensuring Second Amendment rights for tribal members."
 

PA: Iraqi War Veterans Open High-Tech Armory in Malvern
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Iraqi war veterans Greg and Katie Butler have opened a sophisticated place for gun owners to shop, train, shoot, and socialize: Main Line Armory in Malvern, writes Caroline O’Halloran for the Savvy Main Line.

The owners’ goal is to elevate the gun-owning experience.

Instead of dingy walls, Main Line Armory welcomes members with its 30,000-square-foot state-of-the-art range that has been designed to appeal to anyone.

 

CA: Calif. handgun safety rules unconstitutional, Federal judge rules
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Federal judge struck down a California law that significantly reduced the ability of Californians to purchase up-to-date firearms.

The law, Judge Cormac Carney ruled on Monday, violated the Second Amendment.

The backstory: California’s Unsafe Handgun Act was first enacted in 2007 and required handguns to have particular safety features, including a chamber load indicator and a magazine disconnect mechanism.

In 2013, the law was amended to require guns to have microstamping technology. Such technology transfers microscopic numbers representing the make, model and serial number onto shell casings when the gun is fired.
Since 2013, not a single semiautomatic handgun has been introduced for sale in California.
 

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