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Newslinks for 6/27/2022

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One Unconstitutional Law Implicates Many Gun-Control Regulations
Submitted by: Rob Morse

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The US Supreme Court has largely ignored the right to bear arms compared to the number of decisions the court has rendered in other areas. The court recently issued an opinion on the right to bear arms in public. This case redefined the legal landscape and gave us a few rules to go by.

Let’s look at the unanswered questions to see if we may draw further conclusions.
 

More Self Defense Gun Stories
Submitted by: Rob Morse

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Firearms Instructor David Cole brings us four new stories of armed defense. How should we study for a test we want to avoid?

Text, sources, and 23 minute podcast.
 

After SCOTUS Ruling, Self-Defense Means We Need Gun Regulation
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The US Supreme Court struck down as unconstitutional a century-old New York law requiring applicants to demonstrate a need for carrying a handgun in public. Candace McCoy, a criminal justice professor at John Jay College of Criminal Justice, argues that the originalist reasoning cited by the 6-3 majority is spurious. She says, however, that two justices provided reasoning that tips the majority in favor of gun regulation.
 

CT: Supreme Court has final say on Second Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Last week’s Supreme Court decision striking New York’s laws (and those of five additional states) that prevented residents from publicly carrying firearms without a license makes for interesting policy timing. In the 6-3 New York State Rifle and Pistol Association v. Bruen opinion, the majority of justices ruled that such state requirements violated the U.S. Constitution’s Second Amendment right to “keep and bear arms.”
 

Nigeria: Nigerian governor lets residents carry guns for self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Nigerian governor has ordered the issuing of licenses so citizens can carry guns to defend themselves against armed groups, a first among the measures drawn up to defeat gunmen blamed for the deaths of thousands in the West African country's troubled northern region.

Zamfara state Gov. Bello Matawalle announced Sunday through the state commissioner for information that the directive to issue gun licenses follows “the recent escalating attacks, kidnapping and the criminal levies being enforced on our innocent communities.”
 

Nigeria: A Nigerian state told farmers to get guns for self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Zamfara in northwest Nigeria is encouraging its residents, especially farmers, to apply for licenses that will allow them to carry guns and other weapons, for self-defense against worsening insecurity in the state.

The state’s plan is to start with 500 gun licenses in each of the state’s 19 emirates, to be issued by the police. That means nearly 10,000 guns will soon be in private hands in the state but it is not clear what the criteria for issuing licenses are, including what kinds of guns are permissible.
 

NC: Women learn legal methods of use of force, self-defense during seminar in North Carolina
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Local women gathered Saturday, June 25 to learn about how to legally protect themselves and their families.

A Justified Use of Force and Self-Defense seminar was held Saturday at an Asheville hotel.

The three-hour training included education about laws on the topic and what to expect if you have to use force in a situation.

The program was led by current and former law enforcement officers through a national concealed carry training group.
 

With abortion and guns, the Supreme Court ties the hands of federal courts
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The history test, he added, raised a host of “troubling” questions, including whether courts have the resources to undertake exhaustive historical analysis in every gun case; which historians have the better view of close historical questions, and will the meaning of the Second Amendment change if new historical evidence becomes available.

Regardless of the dissenters’ concerns, the new test is history alone, and governments will have a much more difficult, if not impossible, task defending gun restrictions going forward.
 

Americans and guns: A look at the Supreme Court’s recent ruling and national surveys
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The most recent National Crime Victimization Survey, a twice-yearly poll of crime victims conducted by the federal government, was posted April 2. The latest figures show 2% of victims of nonfatal violent crime — that includes rape, sexual assault, robbery and aggravated assault — and 1% of property crime victims used guns in self-defense. According to the survey, firearms were used defensively in 166,900 nonfatal violent crimes between 2014 and 2018, which works out to an average of 33,380 per year. Over the same period, defensive gun use was reported in 183,300 property crimes, or an average of 36,660 per year. Taken together, that’s 70,040 instances of defensive gun use per year.
 

NJ: Murphy wants to ban guns at N.J. hospitals, public transit, bars, and more after Supreme Court ruling
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A day after the U.S. Supreme Court issued a ruling that could make it easier to carry a gun, Gov. Phil Murphy responded Friday by calling for New Jersey to prohibit firearms in a wide array of “sensitive” places — including hospitals, public transit, stadiums, bars, and courthouses — as a safety precaution.

Murphy, a Democrat who has long been a proponent of tough gun laws, signed an executive order directing state departments and agencies to review all statutes, rules, and regulations to see “what steps they can take to prevent gun violence.” That includes whether they can designate certain areas as “gun-free” and regulate how firearms are “carried, transported, or conveyed.”
 

OH: Cleveland woman will not face criminal charges for fatal shooting of man near MetroHealth Medical Center, prosecutors say
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Cuyahoga County prosecutors ruled the 22-year-old woman who shot and killed a man inside a car near the MetroHealth Medical Center this past April committed the shooting in self-defense.

Cleveland police said Rayshown Calloway, 25, of Cleveland, was found dead just before 2 p.m. on April 12 inside a car parked on MetroHealth Drive and Scranton Road.

Police said Calloway was shot in the head while seated in the driver’s seat and was pronounced dead at the scene.
 

Old Standby Cartridges That Still Work
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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If you’re looking to buy a new handgun or rifle and you haven’t settled on a chambering, you might be doing a little digging into your best options. Proceed with caution! Googling “what’s the best rifle caliber?” will lead to information overload like you can’t imagine. The sheer number of calibers and chamberings available today is dizzying. It’s enough to lead to serious analysis paralysis. How are you supposed to pick one?
 

NY: NYPD official: SCOTUS gun ruling could turn NY into ‘Wild East’
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Supreme Court ruling striking down a century-old New York gun law will cause the amount of firearms in the hands of “criminals” to skyrocket — turning the Empire State into the “Wild East,” a top police official warned.

NYPD Deputy Commissioner John Miller predicted in an interview aired Sunday that the number of people allowed to carry guns in New York City will “surge” as a result of the high court’s decision overturning a law that restricted the carrying of concealed firearms.

“The worry here is that they’re going to make this the wild, wild East,” he told “The Cats Roundtable” host John Catsimatidis on WABC 770.
 

NY: Supreme Court firearms decision puts crime-fighting Adams under the gun
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Can’t we take comfort that only law-abiding folk will be eligible? As Justice Brett Kavanaugh reminded us, New York will still be able to rely on “prohibitions on the possession of firearms by felons.”

This is naïve. The Supreme Court has normalized carrying a gun. That means more people will do it.

As carrying a gun around becomes normal behavior, like carrying your phone — that’s the way it is in parts of the south and west — it will be harder to prosecute felons for carrying an illegal gun.

The law is the law, sure — but laws exist to enforce social norms. If toting a handgun to the supermarket is no longer antisocial or strange behavior, felons carrying weapons will no longer be subverting a social norm.
 

NY: New York’s Unconstitutional Gun Law Was Written By A Notorious, Corrupt Thug
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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“I reasoned that the time had come to have legislation passed that would prevent the sale of pistols to irresponsible persons,” he later wrote. After two years of imploring local politicians to institute gun control laws, le Brun finally found an ally in Timothy D. Sullivan, one of the most corrupt politicians of his age, a Tammany Hall operator known to New Yorkers as “Big Tim.”

One of the big talking points in the aftermath of the Supreme Court’s New York State Rifle and Pistol Association v. Bruen decision last week—it is mentioned in nearly every news piece—is that New York’s “may issue” permit law had been on the books for more than 100 years. And that’s a long time. But time does not make a law constitutional or efficacious.
 

Biden signs gun control bill
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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President Biden on Saturday signed into law the first major federal gun reform bill in three decades.

"God willing, it's going to save a lot of lives," Biden said after signing the bill as his wife, first lady Jill Biden, looked on. Biden also said the Supreme Court "has made some terrible decisions," alluding to the court's ruling on Thursday that Americans have the right to carry handguns for self-defense and to its Friday decision overturning Roe v. Wade.
 

OH: Stark County Sheriff's Office to keep both Concealed Handgun Licensing Centers open
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Stark County Sheriff's Office will keep its two Concealed Handgun Licensing Centers opened and staffed despite Ohio's new permitless carry law that went into effect this month.

Ohio's Constitutional Carry Law removed the requirement that citizens obtain a permit or license to carry a concealed weapon in the open carry state.

The sheriff's centers at 143 1st Street SE in Massillon and the one at 4500 Atlantic Blvd. NW in Canton will remain open.

"It's a matter of convenience to our customers, and the facility serves additional purposes," Sheriff George Maier said.
 

AZ: 2 Men Fatally Shot After Alleged West Phoenix Home Invasion
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Two men were fatally shot in west Phoenix early Sunday after an alleged home invasion, according to authorities.

Phoenix police said officers were called to the scene around 7:45 a.m. and found two men who were wounded.

The two were rushed to separate hospitals where they both died from their injuries.

Police have identified the men as 20-year-old Jairo Perez and 24-year-old Jose Gutierrez.
 

NY: No Loud Music. No Smoking. No Guns. Can NYC Landlords Ban Firearms?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a city where about two-thirds of residents are renters, can a private landlord prohibit a tenant from keeping a gun inside their apartment?

Probably, according to several tenant and landlord lawyers, defense attorneys who specialize in gun cases and constitutional scholars.

Experts who spoke with City Limits say owners can ban guns as a condition of a lease because they are imposing restrictions on their own private property, though some said the high court could someday determine that the Second Amendment—at least as it is interpreted by the six justices on the bench who ruled in favor of gun enthusiasts—could supersede those ownership rights.
 

MD: Supreme Court ruling on 'conceal carry' law in NY will affect Maryland, say local gunowners and law enforcement
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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By a 6-3 vote Thursday the US Supreme Court overturned a New York state law requiring the demonstration of a particular need to obtain a license to carry a concealed gun.

Writing the opinion for the court, Justice Clarence Thomas stated that New York's law violates the Second Amendment right to bear arms.

Maryland has a similar law, which puts tight restrictions on who can be approved to carry a firearm outside his or her home for self defense. Mel Adam, owner of Tactical Shepherd in Rising Sun, said the SCOTUS ruling will force Maryland to change its gun laws, which block law-abiding gun owners.
 

CA: Is California ready for more Black people to legally carry guns in public?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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So, on Thursday, while many were apoplectic over the Supreme Court's decision to uphold the rights of gun owners to carry a loaded weapon in public — throwing gun control laws in California and New York into limbo at a time when shootings are increasing — Jones was thoughtful.

On the one hand, he wants it to be easy for law-abiding citizens to be able to defend themselves "if and when the time arises." But on the other hand, he's a 50-year-old realist who knows that fear and hatred of Black people run deep in the United States, especially when we're armed.

"There's no overt racism when we go to the gun range, but we know how people are looking at us," Jones said of the dozens of Black members who meet up to go shooting.
 

RI: Rhode Island’s New Gun Control Measures May Not Survive Constitutional Challenges
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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But now, with the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, a court will likely subject these laws to an intense analysis of their foundation in the historical tradition of our Nation.

Rhode Island will have to affirmatively demonstrate that these three laws are firmly grounded in the original meaning of the Second Amendment, as ratified in 1791, and that these laws have historical antecedents that support their constitutionality.

That’s not an argument gun control advocates want to have, because the historical record is not on their side.
 

HI: Ruling could undo strict Hawaii carry law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Supreme Court ruling says local governments can’t require those seeking a license to carry a gun in public to demonstrate a particular need, such as a direct threat to their safety. Hawaii and California are among states with such a requirement.

Hawaii police chiefs have issued only four carry permits in the last 22 years, said attorney Alan Beck, who represents George Young, a Big Island man suing to be able to carry a gun for self-defense.

“It’s a huge deal,” Beck said of the ruling. “Not only does it mean Mr. Young’s case will prevail, it also means the door has been opened to challenging numerous aspects of Hawaii firearms law.”
 

 QUOTES TO REMEMBER
All that is necessary for the triumph of evil is that good men do nothing. — Edmund Burke

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