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Rare Win: ATF Fails to Revoke NJ Gun Dealer’s Federal License
Submitted by: David Williamson
Website: http://libertyparkpress.com

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Ira Levin could not be happier. He can continue to operate his gun shop, Legend Firearms, which is located in Monroe, New Jersey.

Levin has owned and operated the small gun shop since 2009, which is no small feat given the Garden State’s blatant antipathy toward guns and gun dealers.
 

WV: Investigators say shooter acted in self-defense following violent attack in Charleston
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police and the Kanawha County Prosecutor's Office now believe a man acted in self-defense Thursday night when he shot another man who attacked him with a bat and a pistol in north Charleston.

Charleston police said ex-boyfriend Troy Ratcliff showed up at Leslie Bsharah's Seventh Avenue home Thursday night and started a fight with Mark Owens who also has a relationship with the 39-year-old woman.
 

Best .380 Ammo of 2023
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I get it. The premise of using the .380 ACP for self-defense seems foolish to some. For those who think it’s inadequate, I’d like to point out that you’re not likely to find any volunteers to stand there and take a round from any pistol chambered in this short, stubby cartridge. The point being, no one wants to get shot with anything. The .380 ACP, designed by John M. Browning in 1908, has a respectable and useful place in self-defense situations. Most .380 pistols are smaller and more concealable than 9mm pistols, thus easier to carry, and today ammo manufacturers are producing capable loads for this cartridge.
 

OH: Jury finds man not guilty of 2020 homicide after conviction overturned on appeal
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Ohio Second District Court of Appeals in September 2022 reversed Jones’ conviction and remanded his case to the trial court.

In the appeals court case, Jones made four claims, the most significant of which were about Ohio’s “castle” doctrine on self-defense. Jones admitted shooting Buford shortly after making a drug sale, but Jones said he was in a car at the time and that Buford reached into the car, assaulted and threatened him.
 

FL: Shoot the pool boy if you must, but don’t mess with the iguana
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The iguana slayer had been bitten on the arm by the reptile during their encounter on Lake Worth Beach, but his untoward over-reaction, swinging the reptile about by its tail and banging its head on the asphalt, negated his self-defense claim.

He was charged with animal cruelty, because torturing even an ugly, unloved, invasive nuisance has consequences in Florida. Still, his crime would seem less threatening to society than a gunman strafing his backyard in a residential neighborhood with an assault weapon while trying to obliterate the pool boy. (Who suffered superficial cuts from flying debris but no bullet wounds.)

Florida extends special leniency to gunslingers. Lizard slingers, not so much.
 

US Supreme Court to weigh legality of domestic-violence gun curbs
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The U.S. Supreme Court took up another major dispute over gun rights on Friday, agreeing to decide whether a 1994 federal law that bars people under domestic violence restraining orders from possessing firearms violates the Constitution's Second Amendment.

The justices agreed to hear an appeal by President Joe Biden's administration of a lower court's ruling that found that the law ran afoul of the Second Amendment's "right to keep and bear arms" because it fell outside "our nation's historical tradition of firearm regulation."
 

FL: Gun instructor debunks misconceptions as Florida becomes permitless carry state
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Without that knowledge, the consequences can be heavy.

“My mentor Myron Golden calls it unconscious incompetence. There are certain things in our lives we don’t realize how little we know about a certain subject until we actually start diving into it,” Thomas said. “People should not be carrying a firearm without a deep understanding of this because the consequences are very heavy. You might kill yourself. You might kill your child. You might go to prison for the next 20 years because you did something you thought you’re allowed to do, and the truth is, you’re just not allowed to do it.”
 

HI: The sun may be out, but guns are not. A lawsuit challenges a new gun ban on Hawaii beaches
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Sun’s out, guns out? Not on Hawaii’s world-famous beaches.

Beginning Saturday, a new law prohibits carrying a firearm on the sand — and in other places, including banks, bars and restaurants that serve alcohol.

Three Maui residents are suing to block the measure, arguing that Hawaii — which has long had some of the strictest gun laws in the nation and some of the lowest rates of gun violence — is going too far with its wide-ranging ban.
 

NY: Police: Victim shoots attacker in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An investigation determined 66-year-old Raymond Lauda had forcibly entered the residence and assaulted the victim.

The victim then fired a rifle in self-defense.

Laudo is charged with burglary, assault, strangulation, criminal possession of a weapon and menacing.
 

FL: In Florida, stand your ground increasingly means duck and cover
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Six years ago, I published a book about our nation’s history of self-defense, specifically the legal terrain that transformed over centuries to provide a foundation for the contemporary stand your ground laws that have spread to a majority of states. What I did not anticipate at that time was the extent to which our society would tolerate, and even reinforce, the law’s egregious distortion of justice.

Welcome to the stand your ground hellscape, in which lethal violence can be shoehorned into a tidy narrative of armed “good guys” deflecting a multitude of suspicious “bad guys,” never mind that those presumed “bad guys” often turn out to be pool cleaners, ride-sharing customers, furniture delivery people and sometimes neighbors.
 

CA: Self-Defense or Excessive Force? Man Fatally Shoots Woman Attacking His Neighbor
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to Alyssa Baeza, a spokesperson for the Long Beach Police Department, a male homeowner witnessed Powell attacking another woman. The woman was screaming for help so the homeowner armed himself and went to her defense.

The incident escalated when Powell, ignoring the weapon, charged at the armed homeowner. To protect himself and his neighbors, he made the difficult decision to fire his weapon, fatally wounding Powell. The police detained the homeowner and collected his handgun for evidence, but after extensive witness interviews and evidence collection, he was released.
 

OH: Franklin County jury hung on whether Akron woman murdered boyfriend or shot in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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While trying to defend herself from him, VanHo said Stevens was not aiming for Washington when she fired the handgun, but was trying to scare him.

After the shooting, Stevens drove back to Akron not realizing she had shot Washington, VanHo said.

In her jail mugshot taken after she turned herself in to authorities on Nov. 24, 2021, Stevens had a bruise above her mouth. VanHo said Stevens had other bruises on her body as well.

Franklin County Assistant Prosecutor Beau Wenger said during opening arguments that Stevens' story was not consistent and this was not self-defense. Wenger said that it's unfortunate that Stevens was struck in the face, but she chose to escalate the situation with the use of a firearm.
 

Justices take up major Second Amendment dispute
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court will hear oral argument next fall in a major gun-rights case challenging the constitutionality of a federal ban on the possession of guns by individuals who are subject to domestic violence restraining orders. The Biden administration had asked the justices to weigh in after a federal appeals court struck down the ban earlier this year, and on Friday the justices agreed to do so.

The announcement that the justices had granted review in United States v. Rahimi came on a list of orders released by the justices on Friday at noon.
 

Another Financial Attack on Gun Owners
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Rep. John B. Larson (D-Conn.) is attempting to do just this with H.R. 4289, the “Assault Weapons Financing Accountability Act.”

According to the bill’s text, an importer, manufacturer, or retailer selling a firearm under a “Buy Now, Pay Later” (BNPL) financing agreement would be subject to a $100,000 civil fine. Likewise, the purchaser of a firearm bought using BNPL would be subject to the $100,000 civil fine.
 

TX: Nine-months pregnant woman shot man at a Texaco after he pistol whipped husband
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Officers responded to reports of a shooting Tuesday evening at a Texaco in north Houston to find a nine-month pregnant woman and her husband holding a man at gunpoint, according to the Houston Police Department.

The pregnant woman told ABC13 she arrived at the gas station, located at 8605 Fulton St., to deliver food to her husband, who works for the adjacent convenience store. The women said she was threatened by two men with guns after getting out of her car.
 

Supreme Court to Hear Major Guns Case Involving Domestic Violence
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court agreed on Friday to consider whether the government may forbid people subject to domestic violence orders from having guns, setting up a major test of its ruling last year vastly expanding people’s right to arm themselves in public.

The case will turn on the scope of a new legal standard established in that decision, one whose reliance on historical practices has sown confusion as courts have struggled to apply it, with some judges sweeping aside gun controls that have been on the books for decades.
 

Beretta Tomcat Review 2023: Hands on Testing
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Beretta 3032, aka the Beretta Tomcat, has been in production since 1996, but the Beretta tip-up series goes back much further than that. The Beretta 950 began production in 1952 and is arguably one of the earliest examples of a modern pocket pistol. This gun features the famed tip-up barrel system that’s still present in the 3032.
 

IL: If Bystanders Had Helped Carlishia Hood That Day, Maybe Her Son Wouldn't Have Intervened
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Not only was the mother violently assaulted by Brown, but onlookers used the moment to not help Hood but to record her being punched and then removed themselves from an uncomfortable situation.

Her 14-year-old son should have never been put in the position to protect her. But because no one else intervened, he had no choice. The fact that folks would rather record a Black woman being punched in the head by a man than help her is inexplicably upsetting. Illinois’ self-defense laws allows someone to use force to defend not only themselves but other people as well. That was the justification for dropping the charges, though Hood has filed a complaint against the city of Chicago and five police officers.
 

CA: Senate Committee Hearing Credit Card Surveillance Bill
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Wednesday, the Senate Banking and Financial Institutions Committee will hear Assembly Bill 1587, to require credit card issuers use specified Merchant Category Codes to designate firearm and ammunition retailers. Please contact committee members and ask them to OPPOSE AB 1587.

Since the federal government is prohibited by law from creating and maintaining a registry of gun owners, anti-gun radicals have been attempting to outsource this effort to the private financial sector. Thanks to pushback by law-abiding gun owners, and Idaho, Mississippi, and Texas banning such tracking, the major credit card issuers have paused implementation.
 

TN: A conversation about gun ownership
Submitted by: Mark A. Taff
Website: www.marktaff.com

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For example, for a machine gun, you have to be 21 years of age to purchase with a clean record. Then you have to use a Class III dealer who deals under the regulations of the National Firearms Act of 1934. You then have to complete a “Form 4” and apply for a tax transfer (which is usually a stamp). This costs around $200 and was implemented in the 1930s to discourage people from buying them.

Gill said this cost hasn’t been adjusted to today, so it may be one way to further regulate today’s purchases. In 1934, $200 is equivalent to about $4,500 today.
 

CA: What are people saying about plans for a constitutional amendment to control gun sales?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Current gun purchasing laws aren’t strict enough. That’s why Gov. Gavin Newsom is proposing the addition of several gun safety measures, including mandatory background checks, a waiting period for gun purchases, and a ban on civilian purchases of “assault weapons.”

All these measures are for our protection, and won’t inconvenience anyone but those who wish to obtain a gun for illegal or nefarious purposes. For example, a person who wants to rob a store tomorrow or shoot a group at a party would want a gun immediately. With the new amendment in place, the shooting would be put off or even forgotten.
 

The Magazine the NRA Doesn’t Want You to Know About
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This June, The American Rifleman turned 100. The flagship magazine of the National Rifle Association, it has chronicled the group’s journey over the past century. Upon closer look, however, the faded, yellowing pages of past issues reveal how much the NRA has changed, and how much its modern leaders have to hide—including burying the origins of the NRA itself.

Founded in 1871 by former Union officers in New York during Reconstruction after the Civil War, the NRA’s mission was to improve military marksmanship in anticipation of future wars. But you won’t hear much about the NRA’s history either during The American Rifleman’s centennial or on its website.
 

S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February, when the Fifth Circuit decided the case (see also Stephen Halbrook's post after the denial of en banc rehearing, where he noted that Supreme Court review was likely):
 

DE: Senator: Gun-free school zone law is attack on 2nd amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A law that would place restrictions on guns in schools was tabled in the Senate Friday after Republican legislators claimed it was unconstitutional and unfair to law-abiding citizens.

House Bill 201, sponsored by Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach, aims to enable a police officer to act immediately when they see or suspect a person with a gun in a safe school and recreation zone.

“I don’t understand how this bill keeps the bad guys out,” said Sen. Bryant Richardson, R-Seaford. “Ones that have nefarious objectives are going to enter the schools anyway, so how does this do anything?”
 

MS: Judge Reeves rules felon has right to firearm, criticizes U.S. Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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His ruling appears to take shots at the high court’s expansion of gun rights over the last couple of decades, and Reeves said he hopes the U.S. Supreme Court starts to apply such expansive interpretations to the rights to vote, to a speedy trial and others.

Jessie Bullock served about 15 years on Hinds County Circuit Court convictions of manslaughter and aggravated assault for shooting and wounding a bouncer and shooting and killing a passerby in a “barrage of bullets” after a bar fight at T.J’s Tavern in Jackson on July 2, 1992. In 2018, he was indicted for possessing a firearm in his home.
 

Breaking: ATF's "Frame or Receiver" Rule Vacated!
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Summary: Federal lawsuit challenging the ATF's "frame or receiver" rule.

Plaintiffs: Jennifer VanDerStok, Michael Andren, Tactical Machining, and Firearms Policy Coalition

Defendants: Attorney General Merrick Garland, United States Department of Justice, ATF Directer Stephen Dettelbach, and Bureau of Alcohol, Tobacco, Firearms, and Explosives

Litigation Counsel: R. Brent Cooper, Cody Wisniewski, Kaitlyn Schiraldi, and Erin Erhardt

Docket: N.D. TX case no. 4:22-cv-00691, Fifth Circuit case nos. 22-11071, 22-11086, and 23-10463 | CourtListener Docket
 

 QUOTES TO REMEMBER
I have seen an American general and his officers, without pay, and almost without clothes, living on roots and drinking water; and all for LIBERTY! What chance have we against such men! -- young British officer to Colonel Watson describing the American militia rebels in Georgetown, SC [Source: 'Marion, The Life of Gen. Francis Marion' by M. L. Weems, Ch.18]

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