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Newslinks for 8/11/2023

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Democrat Policies Lead to Widespread Violence in Washington DC
Submitted by: Rob Morse
Website: http://slowfacts.wordpress.com

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Murders in Washington DC are soaring. The murderers usually use guns, yet DC is has some of the most extensive gun-control regulations of any city. How can this possibly be?

What if DC has an oversupply of easy victims in addition to an oversupply of violent criminals? In simplest terms, DC gun-control makes it enormously harder for honest people to defend themselves at home and in public.
 

CA: Police: Man arrested for using force that ‘exceeded self-defense’ in Healdsburg death in July
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Garza was found unresponsive in July by Healdsburg police as the agency was responding to multiple calls reporting he had returned to Hotel Healdsburg, where he had physically assaulted two employees earlier that day, police said. Callers said he was armed with a hammer and an unknown metal object.

Officers and medical responders performed life-saving measures but Garza was pronounced dead in the parking lot.

Investigators later learned that immediately preceding his death, Garza had been in a physical fight with three hotel employees, including Cisneros. One of the employees suffered moderate injuries.
 

CA: Man who admitted to deadly shooting at gas station won’t face murder charge, DA says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A 37-year-old man accused of shooting another man to death at a North Long Beach gas station last month may have acted in self-defense, according to the Los Angeles County District Attorney’s Office.

Eloy Lobato Jr. was taken into custody on suspicion of murder July 26, one day after he shot Christopher Brito at a Valero gas station, killing him, according to authorities.

But after officers turned the case over to the prosecutors later that week, they declined to file murder or manslaughter charges against Lobato, opting instead to pursue only a weapon charge, which stemmed from police finding a firearm during his arrest.
 

MT: Surveillance footage leads to dismissal of assault case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Flathead County judge dismissed a felony assault case against a local man after surveillance footage showed him acting in self-defense.

Prosecutors brought Brett Wayne Pointer, 37, up on a count of assault with a weapon following an alleged fight involving a knife in a Kalispell area RV park in February. He pleaded not guilty at his Feb. 8 arraignment before Judge Robert Allison in Flathead County District Court.
 

IL: Illinois Supreme Court plans to rule on semiautomatic weapons ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Illinois Supreme Court plans to issue an opinion Friday on a lawsuit challenging the state’s ban of the type of semiautomatic weapons used in hundreds of mass killings nationally.

The lawsuit, filed by Republican Rep. Dan Caulkins, of Decatur, and like-minded gun-owners, alleges the law violates the Second Amendment right to keep and bear arms. But it also claims the law is applied unequally.
 

CT: Crucial ruling upholds Connecticut gun laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In denying a motion for an injunction to block Connecticut’s law, U.S. District Court Judge Janet Bond Arterton delivered a well-reasoned, powerful 74-page decision on Aug. 3. While loyal to the high court’s rationale in Bruen, it provides a convincing argument as to why the Connecticut regulations are constitutional.

Lawyers defending gun-control laws in other states, and federal judges looking for guidance in such cases, would do well to turn to Judge Arterton’s decision. It could also help guide lawmakers who seek to pass gun-control laws while keeping within constitutional boundaries. Credit goes also to the office of Attorney General William Tong in aptly defending the Connecticut law.
 

5 Best Defensive ‘Bullets’ for 9mm Guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Without ammunition, guns are worth little more than either paperweights or poor man’s clubs. In the category of the 9mm Parabellum (AKA 9x19mm AKA 9mm Luger) cartridge, here are some of 19FortyFive’s top picks.

Federal 9BP 115-Grain Jacketed Hollowpoint (JHP)
The lightweight 115-grain loads have fallen out of vogue relative to the heavier 124-, 135-grain, and 147-grain loads in the past couple of decades, but that doesn’t make the 115-grainers a poor choice.
 

Cruikshank, Gun Control, And Bad Rulings
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Whatever that right was, the states obviously regulated it under their police powers, but Thomas doen’t even mention Cruikshank and The Slaughterhouse Cases. I guess Macdonald says it was unconstitutional for states to regulate guns after the ratification of the 14th Amendment, even though they had that right under Cruikshank and used it for 130 years.

Conclusion. The end result is that we can only regulate guns if five members of the NRA Court permit it. And now we learn that Bruen didn’t slake the blood lust of Thomas, Alito, Gorsuch and Kavanaugh. They want to flood the country with ghost guns.
 

Single Action vs Double Action Handguns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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What’s the deal with single action vs double action handguns? Well, it’s all about the trigger and exactly what happens when it’s pressed. The only thing the trigger of a single action (SA) handgun does is release a cocked hammer to fire the gun. With a double action (DA) handgun, pressing the trigger cocks and releases the hammer. We could leave the explanation there, but as they say in calculus class, it gets complicated. It gets complicated because both revolvers and pistols come as either single or double action, and because within these two distinctions there are variations that require some explaining.
 

ME: Maine Supreme Court will consider ‘second amendment for food’ in challenge to Sunday hunting ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The plantiffs in the case, Joel and Virginia Parker, sued the state over its Sunday hunting restrictions — arguing that they violate the right to food provision of the constitution by wrongly restricting the days during which the family can hunt.

The Parkers say that, due to various school and work obligations, they can only hunt together as a family on the weekends and believe they should be able to hunt for the game they say they use as part of their diets on Sundays as well as Saturdays so long as they don’t break other laws in the process.
 

U.S. senators shoot blanks with Second Amendment stance on shipping companies
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Yet a group of 15 Republican U.S. senators have gone against the grain when it comes to certain companies, essentially dictating how they think their operations should be run based on the senators’ views on the Second Amendment.

The senators feel freight and shipping companies don’t have the right to refuse to take packages that contain firearms or ammunition. They recently sent letters that “demand the companies explain why they implemented discriminatory policies and disclose if they coordinated with any gun-control activists to craft the policies,” according to a news release from the authors.
 

AZ: Phoenix man shoots home invader in self-defense, police say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Phoenix homeowner shot a man accused of breaking into his home early Thursday morning, the city's police department said.

Officers were called to a home near 45th Avenue and Shaw Butte Drive shortly before 1 a.m., where they found a man suffering from a serious but non-life-threatening gunshot wound.

Investigators learned that he was "shot after he entered into the house of the victim." Authorities said they believe the shooting was self-defense, and did not arrest the homeowner.
 

IN: 'No one wins': Man acquitted in deadly shooting that lawyer says was self defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A man accused in the 2022 fatal shooting of a 19-year-old on Indianapolis’ east side has been found not guilty of all charges.

David Villanueva, of Greenwood, had been charged with murder and two counts of pointing a firearm in the killing of 19-year-old Tyvon Moore, who died after being shot in the head on April 25, 2022. A jury acquitted Villaneuva of all counts.

...

Villanueva's attorney, Katherine Jackson-Lindsay, said the case was revealed to be a matter of self-defense, with Villanueva having been pushed through a glass door at the home and then approached by the victim and another man likely carrying a knife.
 

HI: Hawaii Can’t Ban Guns on Beaches, Obama-Appointed Judge Rules in Blow to Gun Control Efforts
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge ruled Tuesday that Hawaii can’t legally ban guns on its beaches or other high-trafficked areas in a blow to the state’s gun control efforts.

U.S. District Judge in Honolulu Leslie Kobayashi, who was appointed by former President Barack Obama, said the decree violates gun owners' Second Amendment rights.

A new law went into effect in the state this July that banned firearms on beaches, in banks, in parks and in places that serve alcohol.

Three Maui residents sued the state before the law even went into effect, claiming the state known for its strict gun laws would be violating their constitutional rights.
 

Appeals court rules for man who challenged ban on illegal drug users possessing firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The 5th U.S. Circuit Court of Appeals panel reversed Daniels’s conviction Wednesday, finding the government did not pass the new test for gun restrictions outlined by the Supreme Court last summer: A law must be consistent with the nation’s historical regulation of firearms.

“In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” Circuit Judge Jerry Smith, a Reagan appointee, wrote for the panel.

“Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users,” he continued.
 

CA: No charges to be filed against 7-11 clerks who beat a suspect
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The District Attorney’s office in California’s San Joaquin County says it won’t pursue charges against two clerks who fought a suspect as he tried to make off with cigarettes.

KCRA reports the DA is now saying only the suspect in the theft at a 7-11 in Stockton will be investigated.

“The Stockton 7-11 Store Clerks are not and have never been suspects of the San Joaquin County District Attorney’s Office,” San Joaquin County District Attorney Ron Freitas said in a statement to CBS Sacramento.
 

FL: Governor Ron DeSantis issues proclamation for National Shooting Sports Month in Florida
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Aug. 1, Governor Ron DeSantis issued a proclamation dedicating August 2023 as National Shooting Sports Month for the State of Florida. We are grateful for his recognition of hunters and target shooters as vital contributors to conservation.
 

NY: 'Ghost gun' case could have implications for New York in the future
Submitted by: Mark A. Taff
Website: www.marktaff.com

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At the behest of 3D gun manufacturers, a federal court imposed an injunction preventing the enforcement of ATF’s rule.

It’s this order that the Supreme Court ruled was to be temporarily lifted while the case is adjudicated.

According to Spitzer, there are two arguments being made against the ATF regulations. One is that it’s administrative overreach.

“The second argument is a Second Amendment type-argument that there is no historical basis for requiring guns to have serial numbers,” he said.
 

America Has a Crime Reporting Problem
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Tracking crime statistics – and more importantly, whether or not crime is rising or falling in the United States – is getting harder to do. That’s because nearly a third of America’s cities are no longer reporting crime statistics to the FBI.

This is more than just a problem for policymakers looking for data to address the cities most in need of assistance. It also means that some policymakers are demanding bad policy because they’re relying on incomplete data.

The Marshall Project reported that 31 percent of the 18,000 law enforcement agencies across the U.S. failed to report crime data to the FBI’s national database after transitioning to a new data collection system, according to the latest statistics from the FBI.
 

Understanding Terminal Performance
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Terminal performance is how a bullet or other projectile reacts, and the ability of it to stop a human threat or take down an animal. In other words, hunters rate a bullet’s terminal performance in how quickly a projectile kills game animals. Soldiers, law enforcement officers and responsible citizens in self-defense situations rate terminal performance on how quickly a projectile neutralizes a threat. It all relates to how deeply a bullet penetrates to reach the vital organs and cause tissue damage.
 

IN: Indiana Woman Fatally Shot Man Who Held Gun To Her Husband’s Head, Police Say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An Indiana woman shot and killed a man as he held a gun to her husband’s head, police said.

Police said the incident happened at a home in Salem on Monday evening around 6:40 pm.

Michael Chastain, 45, drove through the front yard of the couple’s home before grabbing the husband, forcing him to the ground, and pointing a gun at his head, according to investigators. His wife saw the situation from inside the home and shot Chastain with her handgun, the investigators said.
 

Appeals court strikes gun restriction implicated in Hunter Biden case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a case from Mississippi, a federal appeals court just ruled against a prohibition on drug users having guns. This issue may sound familiar if you've been paying close attention to the Hunter Biden case unfolding in Delaware.

Whatever impact the ruling has on the president’s son, it’s a significant nationwide issue that’s worth watching as the Supreme Court inevitably addresses it.
 

Appeals court rules for man who challenged ban on illegal drug users possessing firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal appeals court ruled a ban on gun possession for users of illegal drugs is unconstitutional, as applied to a man who used marijuana.

The three-judge panel ruled Wednesday that that Patrick Darnell Daniels Jr.’s Second Amendment rights were violated in being convicted of the charge.

Law enforcement had pulled over Daniels for driving a vehicle without a license plate in April of last year.
 

What Counts as Protected ‘Arms’ Under the Second Amendment?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The 9th Circuit issued an unusual decision on a Second Amendment case this week: A panel of the federal appeals court overturned Hawaii’s decades-old ban on butterfly knives, finding that the prohibition violated the right to keep and bear arms. Though the ruling didn’t concern firearms, Matt Ford writes in The New Republic, it could prove hugely consequential for the future of gun safety laws. That’s because the decision responds to a key question in constitutional law right now: What, exactly, counts as protected “arms” under the Second Amendment?
 

 QUOTES TO REMEMBER
The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by doing so. Indeed I would go so far as to say that the underdog is a sine qua non for the overthrow of any sovereignty. So let's not have any native militia or police. German troops alone will bear the sole responsibility for the maintenance of law and order. — Adolf Hitler, April 11, 1942. (Source: "Hitler's Table-Talk at the Fuehrer's Headquarters 1941-1942", Dr. Henry Picker, ed. (Athenaeum Verlag, Bonn, 1951).)

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