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Newslinks for 8/24/2023

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The arbitrary ban on gun possession by drug users invites wildly uneven enforcement
Submitted by: Mark A. Taff
Website: www.marktaff.com

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That breakdown can be partly explained by prosecutorial priorities: Although the criminal records that disqualify people from legally owning guns cover a wide range, including many nonviolent offenses, prosecutors probably tend to view them as a better indicator of dangerousness than, say, the periodic pot smoking that Daniels admitted. Another important factor: Criminal records show up in background checks for gun buyers, while illegal drug use typically does not.

Once a transaction is completed, a gun-owning drug user won’t be identified as such unless his drug use is publicly known (as Biden’s was) or he happens to be caught with drugs and guns (as Daniels was). But once that happens, the consequences can be severe.
 

Catholic bishops ask Supreme Court to uphold gun bans in domestic violence cases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The U.S. Supreme Court should uphold a federal law that allows people under domestic restraining orders to be banned from carrying firearms, the U.S. Conference of Catholic Bishops has said in an amicus brief in a pending U.S. Supreme Court case.

“As the Church teaches, and this nation’s historical traditions demonstrate, the right to bear arms is not an unqualified license that must leave vulnerable family members to live in fear,” said the bishops’ Aug. 22 amicus brief. “Abused victims are precisely the people whom a just government is tasked with protecting. The Second Amendment does not stand as a barrier to their safety.”
 

FN 509 CC Edge Striker-Fired 9mm Pistol Review
Submitted by: Mark A. Taff
Website: www.marktaff.com

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FN Herstal has been a marquee brand in the military hardware world for many decades. From the FAL battle rifle to the M240 and M2 machine guns and even the M4A1—a full-auto version of our M4—FN has been a leader in putting quality firearms into the hands of our troops and their allies.

Meanwhile, FN America, the Belgian firm’s U.S. subsidiary, has been building its own brand on the civilian side. Its flagship 509 series of polymer-frame, striker-fired handguns has become an increasingly popular choice for defensive, competitive and recreational use.
 

AR: Effort on to simplify state gun laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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"As Attorney General, I have a responsibility to work to improve our laws, and our gun laws are no exception," he said, adding that he's excited to work with Rice, Hill and Beaty to address the need. The three state lawmakers are Republicans.

Griffin said that state leaders have requested two dozen opinions about Arkansas' gun laws over the past decade because they are too complicated and unnecessarily confusing, and that there is no reason why the state can't have gun laws that make sense without seeking the advice of a lawyer.

"I welcome input from Arkansans who share my love for the Second Amendment and our desire to strengthen and improve our laws," he said.
 

MO: Missouri governor blasts St. Louis mayor’s proposed gun ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Republican Gov. Mike Parson opposes a plan by St. Louis Mayor Tishaura O. Jones to ban “military-grade” weapons on city streets, including the prominent AR-15 and AK-47 model rifles.

Echoing his hand-picked attorney general’s position, Parson questioned the constitutionality of the mayor’s plan as well as whether a prohibition on high-powered weapons would have any effect on crime.

“Governor Parson is a strong and proud supporter of the Second Amendment and does not support any measure that he views weakens Missourians’ right to bear arms,” spokesman Johnathan Shiflett said Wednesday.
 

NJ: Gun traffickers face stiff new penalties in NJ. Here's why
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The law creates strict liability criminal penalties for gun trafficking if it results in bodily injury or death if the weapon is used during a crime. If someone dies, the trafficker faces up to 20 years in prison, fines as high as $200,000, or both. If someone is hurt, the trafficker faces up to 10 years in prison, fines as high as $150,000, or both.

In the new law, the state considers trafficking “unlawfully transferring a handgun, rifle or shotgun to any person who is not a licensed dealer or does not possess the requisite firearms purchaser identification card or permit to purchase a handgun.” It’s also considered trafficking if the recipient is under 18 or disqualified.
 

NJ: New Jersey attorney general moves ahead with firearm ‘micro-stamping’ regulations
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Jersey's top law enforcement officer has outlined the state's plans for mandating gun retailers sell firearms with microstamping technology.

Attorney General Matthew Platkin announced Tuesday that his office has formally established a process for handguns to be included on the state’s microstamping-enabled firearms roster.

Under the new standards, a firearm must leave an "identifying marker" on expended cartridge cases, perform without physically deforming or deteriorating when firing rounds and with no less reliability than other commercial firearms sold in New Jersey, "and otherwise comply with all applicable State and federal laws," Platkin said.
 

NJ: New Jersey Appeals “Sensitive Places” Injunction, SAF Responds
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In its appeal to the court to leave the injunction in place while the case is being heard in its entirety, the SAF noted that New Jersey’s contempt for Bruen was “enacted explicitly to undermine [the] Supreme Court decision.” Under that law, “Plaintiffs [individual gun owners residing in New Jersey] cannot bring their firearms to most places they go in their daily lives … thereby eviscerating the right to public carry.”

It added, “Law-abiding New Jersey citizens may walk out their front doors with their firearms, but then go virtually nowhere with them.”
 

ACLU Warns of Government Overreach in Second Amendment Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The American Civil Liberties Union (ACLU) believes the restraining order gun ban is constitutional, but, more interestingly, the liberal group also thinks some gun laws aren’t.

On Monday, the ACLU filed a brief in United States v. Rahimi that asks the Supreme Court to reverse a Fifth Circuit ruling that struck down the prohibition on those subject to domestic violence restraining orders possessing guns. But they also said the power claimed by the Government in its brief was dangerously broad. And it went on to question the constitutionality of numerous gun laws both on their face and as they’re applied in practice.
 

MN: The Second Amendment was never written to support armed rebellion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Is an extremist myth keeping U.S. policymakers from agreeing on reasonable gun safety measures that could help to reduce the seemingly endless bloodletting in America?

That was the proposition laid out by U.S. Rep. Jamie Raskin during a standing room-only presentation last week in Ely.

Raskin, who taught constitutional law for 25 years prior to his election to Congress, was challenging what’s known as the “insurrectionist theory” of the Second Amendment, a view which Raskin describes as National Rifle Association “dogma.”
 

NY: Stefanik Leads Letter to Governor Hochul Over New York State Law's Open Assault on Gun Owners' Constitutional Rights
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Congresswoman Elise Stefanik led a letter to Governor Hochul alongside New York Republicans urging a delay of the September 13th implementation deadline of New York State Executive Law 228, which targets law-abiding gun owners and ensures the redirection of resources away from combatting New York’s skyrocketing crime crisis.
 

MO: Black communities feel the brunt of gun violence, so these Kansas City women are arming themselves
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As Kansas City heads toward a record setting year of homicides, these Black women say guns are not the problem but a symptom of underlying problems. They're also buying guns and learning how to use them safely.

RaShaun Brown wears glossy pink lipstick, three-inch-long hot pink fingernails and a small black pistol in a cross-body holster. She wants people to know she’s not only a gun owner but one who carries openly.
 

Guide to PDW Stocks: The Good, Bad, and Ugly plus our 2023 Top Picks
Submitted by: Mark A. Taff
Website: www.marktaff.com

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PDW stocks entered the AR scene a few years, and they quickly became all the rage. After all, you can only shorten your AR’s barrel so much. Once you’ve reached the point of muzzling fireballs and key-holing targets, you’re at the limit of what constitutes a feasible barrel length. But that doesn’t mean you can’t further reduce OAL (overall length). Even if you’re sticking to the standard, stamp-less 16″ barrel, you may still want to reduce OAL for the sake of shaving weight and making storage easier. But what, exactly is a PDW stock? Do you need a modified buffer, tube, or recoil spring? Which PDW stocks suck, and which are the bee’s knees? Let’s take a look.
 

Dingell, Fitzpatrick, Klobuchar File Amicus Brief in U.S. vs. Rahimi
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The brief asserts that Congress enacted § 922(g)(8), the firearm prohibition for individuals subject to a restraining order, nearly three decades ago after being presented compelling evidence that domestic violence was a pervasive and persisting problem in the U.S. It was concluded on a bipartisan basis – including even the staunchest defenders of Second Amendment rights – that individuals subject to domestic violence restraining orders pose an immediate danger to those closest them and shouldn’t have easy access to firearms.
 

MA: Attorney General Campbell Calls On U.S. Supreme Court To Protect Public Safety And Victims Of Domestic Abuse
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorney General Andrea Joy Campbell urged the U.S. Supreme Court to reverse a lower court’s decision striking down a federal statute that bars individuals subject to domestic violence restraining orders from accessing guns.

AG Campbell joined a coalition of 25 attorneys general in filing an amicus brief in support of the federal government in the Supreme Court case, United States v. Rahimi.
 

NY: 2nd Amendment Challenge to Felon in Possession of Gun Rejected
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The federal statute criminalizing the possession of a firearm after a felony conviction doesn’t violate the Second Amendment, the Southern District of New York ruled.

Jonathan Davila, who was indicted on one count of possession of a firearm after a felony conviction, argued that the law is unconstitutional because there is no “tradition of distinctly similar founding-era regulations.”

The argument fails because a ruling of the US Court of Appeals for the Second Circuit that the law is constitutional is still good precedent, Judge Jed S. Rakoff for the US District Court for the Southern District of New York ruled ...
 

NY: Mayor Adams Leads Broad Coalition of Local Governments in Joining Legal Fight to Protect Domestic Violence Survivors
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix led a coalition of 15 cities and counties from across the nation in joining a legal fight to uphold a commonsense gun safety law and protect domestic abuse survivors, law enforcement, and others from gun violence. In an amicus brief filed in the U.S. Supreme Court in United States v. Rahimi, New York City and the other amici signaled their strong support for prohibiting individuals subject to domestic-violence protective orders from possessing firearms.
 

The Many Ironies of Gun-Control Politics
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The ironic thing some notable gun-control-supporting politicians might figure out—one day, after some much-needed introspection—is that by vilifying law-enforcement and reducing police budgets, and by passing “no-cash-bail” policies that allow arrested criminals to walk (as George Soros-backed prosecutors refused, in a shocking number of cases, to prosecute bad guys), they have convinced many unarmed citizens that they’d better become armed citizens.
 

VT: Prosecutors oppose Max Misch’s 3rd bid to dismiss long-running gun magazine charges
Submitted by: Mark A. Taff
Website: www.marktaff.com

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His latest motion to dismiss — filed in Superior Court in July 2022 — again cites the [2A] right to keep and bear arms in light of a U.S. Supreme Court decision in June 2022. The landmark case, New York State Rifle & Pistol Association v. Bruen, expanded people’s ability to publicly carry firearms and established a new framework for evaluating Second Amendment challenges.

Under the Bruen precedent, the government must justify a firearm regulation by proving it is consistent with the nation’s historical tradition of firearm regulation. Previously, lower courts had almost universally applied balancing tests that weighed the government’s public safety interests in regulating firearms against an individual’s Second Amendment rights.
 

No, You Don’t Need to Bring a Gun on Your Bike Ride
Submitted by: Mark A. Taff
Website: www.marktaff.com

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I know I'm not the only cyclist who can come unglued in moments of driver aggression. The whole scenario makes me fear a dystopian future in which more bicyclists follow Whelan's lead and arm themselves while riding. Even if a tiny portion of American bicyclists started carrying guns, a certain percentage of them would have the same impulse-control problems that I struggle with. And as much as I hope that society is working to diminish the frequency of car-bike conflicts--because the cyclist always ends up on the losing end--I also know that crashes and carelessness will continue to happen. What does this mean? Thousands of angry and armed bicyclists, hopped up on post-crash adrenaline, will be roaming the streets looking for a fight.
 

MT: Gun-toting neighbor near Billings school has been arrested
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gabriel Cowan Metcalf of Billings, accused of illegally possessing a gun near a Billings elementary school, appeared in federal court on Wednesday, August 23, 2023, on a firearms charge, according to a news release from the U.S. Attorney's Office.

Metcalf, 49 years old, made his initial appearance on a criminal complaint charging him with possessing a firearm within a school zone.
 

TX: Video Shows Burglars Being Shot at by Man They Were Trying to Rob
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A pair of suspected burglars had to flee for their lives after the person at the home they were trying to break into fired a hail of bullets through the door.

The incident occurred on Saturday in Dallas, Texas, and was captured through a Ring doorbell camera that recorded the scene in the hallway just outside the apartment. Fox News obtained the footage showing exactly what went down in that wild situation.
 

CT: Citizen activists propose gun owner patrol in Hartford
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A group of activists in Hartford has proposed a unique solution to an increase in violence in the city.

The group wants a community-led patrol made up of citizen gun owners. The so-called Self-Defense Brigade, a group of legal gun owners, has previously served as security for Black Lives Matter protests and some funerals.

Now they want to patrol neighborhoods in Hartford, which has seen 28 homicides this year. Critics say that guns wouldn’t help the situation, and could lead to even more violence in the city.
 

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