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SC: Appeals court throws out conviction in Lexington Cook Out killing from 2014
Submitted by: Mark A. Taff
Website: www.marktaff.com

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His lawyers said that was necessary because they had found new evidence, including new eyewitnesses and a pathologist, who could bolster his claim for self-defense. But the judge denied that motion for that hearing, but said Dennis could bring up the new evidence in his trial.

But the appeals court said the lower court should have allowed a new hearing because a mistrial essentially "restarts" the legal process. They also felt the court should have acted as a "finder of fact" for Dennis' claims of immunity at the hearing rather than deferring that judgment to a jury during the trial.
 

PA: Reading could become third Pennsylvania city to ban ghost guns after court ruling
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“When we look at other cities like Philadelphia and York, the fact that they have passed [bans] sets precedence,” Reading City Councilor Jaime Baez Jr. told the Capital-Star. “The main reason is because of the gun violence we’re seeing and not being able to trace those guns.”

The window for such regulations, however, may be small. Gun Owners of America, the pro-Second Amendment group that challenged Philadelphia’s ban, has appealed the Commonwealth Court decision to the state Supreme Court. And a pending case before the U.S. Supreme Court could also have an impact on local laws.

But other cities may be exercising caution as they wait for the appeal.
 

Supreme Court Rulings Reshape American Rights And Regulations
Submitted by: Mark A. Taff
Website: www.marktaff.com

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One of the most notable cases stems from the reinterpretation of the Second Amendment, fundamentally changing the path for gun rights. Justice Clarence Thomas's ruling two years ago set the stage for legal challenges against numerous assault weapon bans nationwide.

With his decision during the New York State Rifle and Pistol Association v. Bruen case, Thomas instructed lower courts to no longer weigh public safety against the right to bear arms. This shift effectively meant the constitutionality of any gun law now hinges solely on historical context, prompting various states to reconsider their existing regulations.
 

CA: California defends one-gun-a-month law at Ninth Circuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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U.S. Circuit Judge John B. Owens, a Barack Obama nominee, presented Yen with a scenario involving the owner of a small liquor store being threatened by a gang at both his store and his house. If the owner didn’t already own a gun and now wanted two guns, one for their home and one for their business for self-defense, under the state’s law, the owner would have to buy one and have to wait 30 days to buy the other one, which seems to prevent them from being able to defend themselves under the Second Amendment, Owens said.
 

Walz should stop camo-draping his gun control ideas
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Integrity matters. That’s not unique to any vocation, but it’s a defining characteristic of public service. That includes those in uniform and those elected to political office.

Integrity matters. That’s why it was so disappointing to watch Minnesota Gov. Tim Walz, the Democratic nominee for vice president, attempt to drape his gun control ideas in military camouflage to justify it. He claims that because he served in the military — and more specifically, “in war” — he is qualified to decide what policies don’t violate Constitutional rights. Out of the gate, his integrity was called into question. And rightfully so.
 

NM: FPC Brief: New Mexico Carry Ban Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a July 24th Order, the Court required the parties to file supplemental briefs answering three questions about the posture of the appeal. FPC’s brief explains that “after accounting for the issues the Court has raised, it remains the case that the Court should reverse the decision below and order entry of an injunction against the challenged provisions of the Governor’s order.”

“Plaintiffs have also declared that they will visit parks that are not covered by those ordinances, and regardless, the threat of prosecution under the Governor’s carry ban alone supports irreparable harm and standing,” the brief continues. “In short, the Governor’s ban harms appellants, and their harm can be redressed by a preliminary injunction.”

 

Of Course Texas Republicans Are Losing Their Minds Over a Ban on Guns at the State Fair
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Anyway, two weeks ago, acting out of an abundance of caution, and with impeccable logic, Texas State Fair officials and local law enforcement simply banned firearms from the fairgrounds this year. That, of course, set off skyrockets in the brains of the Republicans in the Texas legislature, and in the largely unused spaces in the attic of state attorney general Ken Paxton.
 

LA: University of Holy Cross to Hold Gun Safety & Self Defense Class Aug. 29
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The University of Holy Cross, in conjunction with Pierre Basic Guns, is hosting two gun safety and self-defense workshops on its Algiers campus on Thursday, Aug. 29, to help Louisiana residents and the greater UHC community better understand the nuances of the new constitutional carry laws in the State of Louisiana and how the new laws impact their rights and responsibilities. Sponsored by the United States Concealed Carry Association (USCCA), these workshops are designed to educate the public on the legal aspects of self-defense and carrying firearms.
 

IN: Camby Walmart shooting ruled self defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Hendricks County authorities have found evidence of self defense in a shooting that resulted in an Indianapolis man’s death.

The 19-year-old man who was initially detained for questioning in the death of 34-year-old Matthew Steele will not be charged with a crime.

On the afternoon of June 2, Hendricks County Sheriff’s Deputies responded to the call of a person shot at the Walmart store at 8191 Upland Way in Camby.

Deputies arrived on scene to find one man, identified as Steele, was wounded near a vehicle with what appeared to be a gunshot wound to his torso.
 

AZ: Teen Shot By Armed Citizen During Robbery Attempt in Phoenix
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to the man’s statement, he was approached by an individual who attempted to rob him at gunpoint. In response, the man drew his own firearm and discharged it at the suspect, striking him. As the situation unfolded, police began a search for the injured individual.

Not long after, a teen contacted the authorities, reporting that he had sustained gunshot wounds. Upon investigation, police determined that the injured teen was connected to the original robbery attempt, though the specific details of his involvement remain unclear. The teen was promptly taken to a hospital where he received medical treatment for non-life-threatening injuries and was subsequently released.

 

2 Contradictory Decisions on AR15 Rifle Bans Reflect Clashing Views of Supreme Court Precedents
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Last month, a federal judge ruled that New Jersey’s ban on AR-15 rifles is unconstitutional. A week later, a federal appeals court deemed a similar ban in Maryland perfectly consistent with the Second Amendment.

These dueling decisions reflect a basic disagreement about whether the Second Amendment allows the government to ban guns that are commonly used for lawful purposes, as opposed to “dangerous and unusual weapons.” The answer seems clear based on the Supreme Court’s precedents.
 

WY: 85-Year-Old Man Fights Then Shoots Intruder
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Things got a little western in Riverton, Wyoming, over the weekend when an “irrational” and much younger unexpected visitor began beating and kicking on 85-year-old Wayne Williams’s front door. Around 11 p.m. Friday night, Williams heard violent pounding and shouting at his front door so grabbed a .380 he keeps for home defense from his bedroom and went to see what the ruckus was about, he told the Cowboy State Sentinel.
 

TX: AG Paxton threatens lawsuit, says State Fair's firearms policy violates state law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In the letter, Paxton said the new policy to ban guns to everyone except retired and current peace officers violates state law and unlawfully infringes on Second Amendment Rights.

"Texas law clearly states that license-to-carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute,” said Paxton in a statement Wednesday. “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has fifteen days to fix the issue, otherwise, I will see them in court.”
 

TX: Texas AG Ken Paxton says new ban on guns at state fair is illegal
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The State Fair of Texas is unlawfully infringing on Second Amendment rights with its new firearm ban—at least according to Texas Attorney General Ken Paxton. On Wednesday, the Republican leader sent a letter to the City of Dallas directing it to force the State Fair to revoke the rule prohibiting guns or weapons of any kind—including concealed and open carry—at the annual event. Paxton argues that because the City of Dallas—a governmental entity—leases Fair Park, the event cannot legally restrict guns. Paxton has given the City of Dallas 15 days to "correct course" before he files suit.

 

MD: AG Brown joins multistate coalition to protect gun regulations
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Maryland Attorney General Anthony Brown joined a group of 22 attorneys general in supporting regulations on the sale of guns, he said in a statement today.

The coalition filed an amicus brief in U.S. v. Steven Perez arguing that certain federal laws regulating interstate firearm transport or sale are essential for public safety.
 

SCOTUS Looks Unlikely To Consider Assault Weapons — For Now
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Without a circuit split, the Supreme Court faces little urgency to get involved. And one may never happen, given the fact that assault weapons bans are a blue-state phenomenon. No state in the notoriously conservative Fifth Circuit, for example, has an assault weapons ban on the books to challenge.

 

No Qualified Immunity for Officer in Arrest of Licensed Gun Carrier
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A three-judge panel in the Court of Appeals for the Second Circuit has delivered a critical decision affirming Fourth Amendment protections and the right to keep and bear arms.

On November 12, 2018, Basel Soukaneh’s life was significantly disrupted. Soukaneh was looking for a house he was considering purchasing, but the GPS on his phone, held in a holder on the dash of his car, had frozen. He was unfamiliar with the area. Soukaneh pulled over to correct the problem, left the engine running, and had the interior lights on. A Waterbury police officer quickly knocked on his window and demanded to see his driver’s license.
 

NJ: NJ Gun Permit Applications Surge Following Supreme Court Ruling
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Jersey has seen an extraordinary surge in gun carry permit applications since the U.S. Supreme Court’s 2022 Bruen decision, which significantly loosened restrictions on carrying firearms in public. According to state data, over 41,300 gun owners have applied for carry permits in the two years since the ruling, a staggering 26-fold increase compared to the 1,588 applications submitted in the two years prior.

Residents of Ocean, Monmouth, and Bergen counties account for nearly a quarter of these applications.

 

NY: Letitia James Fights for New York Gun Law After Supreme Court Forces Change
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The coalition of attorneys general, however, argues that federal gun laws banning the sale and transportation of out-of-state firearms from dealers who are not federally licensed do "not implicate the Second Amendment because they do not prevent a law-abiding citizen from purchasing, owning, or carrying a firearm."

"Rather, they support state licensing regimes by requiring citizens to purchase firearms from licensed in-state dealers through lawful, recorded transactions, rather than from the black market," the brief said.
 

Americans Purchased More Than 1 Million Firearms a Month for Five Years
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The National Shooting Sports Foundation (NSSF) reported last week an astounding milestone: Every month of every year for the last five years Americans have purchased more than one million firearms. The group estimates that 86 million firearms were purchased during that period ending in July, and that 22 million of them were purchased by new owners.

That brings the total to approximately 510 million firearms owned by more than 82 million American citizens.
 

NY: Applications to carry guns in NYC and NJ are surging
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Applications for permits to carry guns have spiked in both New York City and New Jersey since the U.S. Supreme Court ordered New York and other states with strict regulations to make it easier for people to arm themselves in the summer of 2022.

In New York City, the NYPD received more than 11,000 applications for concealed carry permits between 2022 and the beginning of this March, according to the most recent police data. More than 1,800 people applied in just the first two months of 2024. The department won’t say how many applications its licensing division has approved.

In comparison, the NYPD received only 315 applications for concealed carry permits in all of 2021, according to police data.
 

Behind Tim Walz’s ‘Hunter’ Facade Is A Plan To Take Your Guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I spent 25 years in the Army and I hunt,” Gov. Tim Walz, D-Minn., declared in 2018. “I’ve been voting for common sense legislation that protects the Second Amendment, but we can do background checks, we can do CDC research, we can make sure that we don’t reciprocal carry among states. And we can make sure those weapons of war, that I carried in war, is the only place where those weapons are allowed to be carried.” In just a few sentences, Walz made false claims about assault weapons, background checks, Centers for Disease Control (CDC) research, and reciprocal carry.
 

 QUOTES TO REMEMBER
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.— Benjamin Franklin Historical Review of Pennsylvania. [Note: This sentence was often quoted in the Revolutionary period. It occurs even so early as November, 1755, in an answer by the Assembly of Pennsylvania to the Governor, and forms the motto of Franklin's "Historical Review," 1759, appearing also in the body of the work. — Frothingham: Rise of the Republic of the United States, p. 413. ]

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