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Newslinks for 6/26/2021

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MI: Father of shooting suspect shares video he says proves it was in self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A fight in a video leading to a shooting may have stemmed from a domestic dispute. In it you see a woman with a knife, a man being jumped, and at one point he goes after another woman as he is being attacked.

Could the video of a man being jumped back up a shooting suspect's claim of self-defense? James Jones Sr. thinks so.

FOX 2: "What are we looking at here, sir?"

"That's them jumping my son," he said.
 

TX: Wright not guilty in 'castle doctrine' shooting death in Texarkana
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Bowie County jury acquitted a Texarkana man of murder Friday in a case the defense argued was self-defense under the Texas "castle doctrine."

Kavante Lamarr Wright, 27, was also acquitted on a lesser charge of manslaughter. In his closing remarks, Texarkana lawyer Shorty Barrett argued that under Texas law, Wright had a right to shoot and kill Eric Gentry if he believed his life was in danger in his own home.

"Not all homicides are murders," Barrett argued.
 

WI: Prosecutors plan to appeal Chrystul Kizer defense decision to Supreme Court
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Prosecutors plan to appeal the ruling that opened the possibility that Chrystul Kizer — accused of murdering a Kenosha man who had been filming sex with her and other underage girls — could use an affirmative defense for sex trafficking victims at her trial.

Kizer made her first court appearance in Kenosha County since the state Appellate Court ruling in early June. The decision by the state District II Court of Appeals found Kizer may be able to use an defense open to sex trafficking victims at her trial if she is able to show her actions were a direct result of the trafficking she experienced. At trial the defense, if allowed, would be similar to a self defense argument.
 

LA: Governor Edwards Vetoes Constitutional Carry Legislation
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In the waning hours of last night, the final day to sign Louisiana’s Constitutional Carry Legislation into law, John Bel Edwards decided to listen to the anti-gun minority in the Sportsman’s Paradise, and veto Senate Bill 118. Despite the thousands of emails, calls, and texts coming from NRA Members and Second Amendment supporters, Governor Edwards sided with gun control groups in vetoing his constituents’ right to effectively defend themselves and their loved ones. It is more important than ever that you now call and email your State Lawmakers and ask them to SUPPORT a veto session and vote to override Governor Edwards’ veto of Senate Bill 118.
 

NY: First Principles: The relevance of District of Columbia v. Heller
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Reflecting on the ordinary use of language reveals that the potential unconstitutionality of New York’s “proper cause” provision is fairly clear. A “right” is something which can be done on one’s own accord, while things which can only be done through the grant of special permission are privileges. Additionally, the most basic definition of “to bear” is “to carry” which would indicate that the Second Amendment protects a citizen’s ability to carry a firearm for legitimate defense.
 

NH: House and Senate Pass ATV Carry
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Yesterday, the New Hampshire House and Senate held floor votes on the conference committee report for House Bill 334, which allows an individual to carry a loaded firearm on an Off-Highway Recreation Vehicle (OHRV) or snowmobile. Please act now and politely urge Governor Sununu to sign House Bill 334 when it gets to his desk.
 

FL: Federal Judge Begrudgingly Upholds Florida Ban on Transferring Firearms to Young Adults
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The judge explained that “for better or worse,” he was bound by the Eleventh Circuit’s Second Amendment precedent and had to rule the way that he did. But in doing so, he expressed dismay at the unfortunate balance that this decision will create. Under the existing Florida law, 18-20-year-olds can legally acquire a firearm with the assistance of parents or other relatives. This creates a situation where individuals who do not have family members to assist them are unable to exercise their Second Amendment rights at all. The judge highlighted this disparity by asking, “why should the 20-year-old single mother living on her own be unable to obtain a firearm for self-defense when a 20-year-old living with their parents can easily obtain one?”
 

48 GOP Senators Blast Biden’s Latest Gun Control Proposal
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Biden administration’s proposal aimed at regulating pistol-stabilizing braces is under scrutiny. Nearly all of the Republicans in the Senate signed a letter on Thursday that said the proposed rule would turn millions of law-abiding gun owners into criminals overnight and demanded its withdrawal.

If passed, Americans would be required to get a federal license to own pistols with stabilizing braces under the National Firearms Act. Additionally, Americans would face up to 10 years in federal prison for not registering their braces with the National Firearms Association. Other consequences could include felony charges against individuals who do not turn in or destroy the firearm, the brace, or pay a $200 tax.
 

President Biden Gets the History of Gun Control All Wrong
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Biden went on to claim that there had always been limits on what kinds of weapons people could possess: “The Second Amendment, from the day it was passed, limited the type of people who could own a gun and what type of weapon you could own. You couldn’t buy a cannon.”

None of that is even remotely true. When the Bill of Rights was ratified in 1791, not only could you buy a cannon, you could buy your own private warship with as many as 30 cannons and make war on America’s enemies yourself with the express approval of Congress.
 

Kinetic Concealment Now Offering Holsters for Ruger-57 Pistol
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Kinetic Concealment, maker of high-quality patented hybrid holsters, is proud to offer holsters to fit the popular Ruger-57 centerfire pistol.

Kinetic Concealment has created a perfect complement to the Ruger-57 with their Kydex shell hybrid holsters. Kinetic Concealment can now offer their original Hybrid IWB holster, KC Baby appendix carry holster, or OWB holster to fit the Ruger-57 for a complete self-defense package. The Ruger-57 is a semi-automatic chambered in 5.7x28mm and available with 20+1 capacity, or state-compliant 10+1 capacity. It’s a perfect option for hobby shooting, target practice, or even personal defense.
 

Fact-Checking Joe Biden’s Misleading Second Amendment Claims
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Did early U.S. laws ban ‘the type of weapon you could own’?

In a word, no. The first federal gun control law came only in 1934, and it was another 52 years before Congress banned automatic weapons.

Unfortunately for the president, PolitiFact debunked his assertion that the Founding Fathers banned the private ownership of cannons at the time, quoting a universal scholarly consensus:
 

President Biden’s ATF nominee advocates for national gun tax, semi-automatic weapons ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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President Joe Biden’s nominee to head the Bureau of Alcohol, Tobacco and Firearms (ATF) has been described by conservatives as a “gun control zealot,” doubling down on his support for a $200 national gun tax and a ban on semiautomatic firearms such as AR-15s in his confirmation hearings in the U.S. Senate.

...

David Chipman is a former ATF agent turned activist with the gun control lobby at Giffords. According to Chris Dorsey in Forbes, Chipman worked as a case agent in the Branch Davidian trial, where he claimed that cult members killed by ATF agents in Waco, Texas, had shot down a pair of government helicopters with .50 caliber rifles.

“Problem is,” Dorsey writes, “no such event occurred…only in Chipman’s vivid imagination.”
 

MI: Macomb a ‘sanctuary’ county for the Second Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Macomb County is now a “Constitutional Sanctuary” county that will not allow restrictions on people’s right to bear arms.

The county Board of Commissioners on Thursday passed a resolution that says it will not “authorize or appropriate funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purposes of enforcing any law that restricts the rights of any law abiding citizen affirmed by the Second Amendment.”

The measure passed in an 8-5 vote, with the tally going along partisan lines except for Commissioner Michelle Nard, a Democrat who changed her vote from no to yes from earlier this month when the resolution passed 7-6 at the Government Oversight Committee’s meeting.
 

Missouri's new gun law should be extended to other issues
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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HB 85’s first two sections can reasonably be read as “nullification” of a sort, insofar as they point out the unconstitutionality of a number of federal laws that violate the Second Amendment.

Oddly, however, the US Department of Justice seems more concerned with its third and fourth sections of the bill, which prohibit Missouri’s courts and law enforcement agencies from enforcing, or assisting with the enforcement of, those unconstitutional federal laws, and allow Missourians to those who violate the prohibition to sue for damages of up to $50,000 per occurrence.
 

WV: Local gun dealers express excitement for consumers with passage of HB 2499
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Firearms dealers across the state are expressing excitement about the prospects the passage of House Bill 2499 will bring to their businesses, as the bill eliminates sales tax from small firearms and ammunition purchases for consumers in West Virginia. Owner of local sporting goods shop McFly Outdoors in Horner, West Virginia, talked with The Record Delta Friday afternoon about the recent passage of this bill that will go in effect July 1.

As previously reported, House Bill 2499 was passed on April 1 and in addition to removing sales tax from the purchase of guns and ammo for consumers, it will also provide a tax credit for firearms and ammunition manufacturers.
 

Colion Noir: Biden sees gun owners as 'invading force' and a 'threat to his control'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gun rights activist Colion Noir criticized President Biden and his administration on "Fox & Friends First" Friday. Noir said Biden is treating gun owners in America like "an oppressive group of people." In a speech earlier this week, Biden said, "If you think you need to have weapons to take on the government, you need F-15s and maybe some nuclear weapons."
 

PA: Constitutional Carry Advances in the Keystone State
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Pennsylvania’s effort to join 21 other states with Constitutional Carry advanced as the Senate Judiciary Committee, Chaired by Senator Lisa Baker, voted to move Senate Bill 565 to the Senate floor for consideration.

Constitutional carry legislation isn’t for criminals, it simply puts law-abiding citizens who are otherwise legally able to possess and carry a firearm on equal footing, by codifying the inherent right to carry a firearm into statute. It also retains a permitting process for gun owners who wish to take advantage of concealed carry reciprocity with other states.
 

WI: Felzkowski-authored Second Amendment sanctuary bill heads to Evers’ desk
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Under the legislation, it would be illegal to enforce “a federal act, law, statute, rule, regulation, treaty, or order that takes effect on or after Jan. 1, 2021, if it bans or restricts semi-automatic firearms, assault weapons, or magazines; requires registration of firearms, magazines, or other firearm accessories; regulates the capacity of magazines; regulates the quantity of ammunition or bullets an individual may possess; prohibits types of ammunition or bullets; or requires the confiscation of a firearm.”

“The bill creates some exceptions, including allowing for the enforcement of such a federal law if it is identical to a state law,” the bill states. “A person who violates the prohibition is guilty of a Class A misdemeanor.”
 

OH: Sixth Circuits Grants DOJ En Banc Rehearing In GOA’s Bump Stock Case
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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GOA’s counsel argues Chevron Deference can be applied only to administrative law. They further state that since the definition of a machine gun is criminal law, that distinction means that the ATF cannot use Chevron Deference to redefine a machine to include bump stocks. A three-judge panel agreed with GOA’s reasoning and ordered the district court to enact an injunction against the ATF’s arbitrary ban of the item.

Because the court granted the Department of Justice (DOJ) an en banc rehearing of the case, the panel’s decision is vacated, which means the District Court will not issue an injunction against the bump stock ban until the full bench hears arguments from both GOA’s lawyers and the Government lawyers.
 

LA: Governor’s veto of concealed carry increases likelihood of historic veto session
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The veto of the concealed carry bill on the heels of a veto to ban transgender females from competing in women’s sports has increased the likelihood of the first-ever veto session to be called.

Morris said he’s optimistic a session will be called and conceal carry will become law in Louisiana.

“We may make a little bit of history here, but we’ll have to see, I don’t know yet but I’m hopeful because I think a lot of the legislation that did get vetoed are things that the citizens of Louisiana really want,” said Morris.

The measure received wide support during the session it passed in the Senate on a 27-9 vote and in the House 73-28.
 

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