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TX: CVS employee stabs robbery suspect with screwdriver, suspect still at large
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A CVS employee reportedly stabbed a robbery suspect with a screwdriver at a store in northeast Austin earlier this month, and police are working to identify the suspect.

The incident occurred between 6:25 a.m. and 6:30 a.m. on Sept. 14 at 1701 East Parmer Lane, according to the Austin Police Department.

Authorities say the suspect entered the store, threatened an employee and claimed to have a gun. In self-defense, the employee stabbed the suspect multiple times with a screwdriver. After a brief struggle, the suspect fled on foot.
 

Lower courts willingly thumb nose at SCOTUS over Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Too many federal courts engage in a quiet or open mutiny against U.S. Supreme Court authority. SCOTUS must correct one such rebellion by a panel of the Sixth Circuit Court of Appeals by granting certiorari in Oakland Tactical Supply v. Howell Township, a Michigan case.

In Oakland Tactical, the company was denied permission by Howell Township, using zoning regulations, to create and operate a 1,000-yard shooting range. Other circuits have examined this question and have determined that the Second Amendment protects ancillary items and activities related to the core and reserved constitutional right, including the right to practice and train with firearms.
 

HI: Hawaii Homeowner Arrested After Stopping Violent Neighbor, Released After Self-Defense Ruling
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Only in Hawaii would prosecutors arrest an armed homeowner who stopped a violent neighbor who had just rammed several cars with a front-end loader, shot and killed three women, wounded two others, and posed an immediate threat to shoot more. Yet, that’s exactly what law enforcement officials did before ultimately deciding not to pursue charges, citing “issues related to self-defense and defense of others.” Even anti-gun officials, as much as they might have wanted to prosecute the man, had to acknowledge this was a clear case of justifiable self-defense.
 

TX: Texas AG Appeals Court Decision Upholding State Fair Carry Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With the Texas State Fair set to open on Friday, Texas Attorney General Ken Paxton is still working to ensure lawful Texans can protect themselves at the month-long event.

In early August, Texas State Fair officials announced an updated policy banning all firearms, including those possessed by carry license holders, from the fairgrounds. This decision marks a significant shift from previous years, when licensed concealed carry was permitted at Fair Park.
 

NY: Monroe County response in federal lawsuit claims Second Amendment doesn't apply to private citizens
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New York’s ban on body armor does not violate an individual’s constitutional right to bear arms because no such right exists, according to the attorney representing Monroe County DA Sandra Doorley.

The unusual legal argument by Deputy County Attorney Robert Shoemaker was part of Doorley’s answer to a federal lawsuit challenging the legality of New York’s ban on the public sale and purchase of body armor.

“There was and will be no Constitutional violation in enforcing the statute because the phrase ‘bear arms’ is a 1791-era idiom referring to military or militia service,” Shoemaker wrote. “Plaintiffs have failed to plead their involvement in a militia.”
 

WY: As University of Wyoming mulls guns on campus, community debates safety, suicide prevention
Submitted by: Mark A. Taff
Website: www.marktaff.com

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At issue is the current UW policy that doesn’t allow anyone but law enforcement and those with explicit permissions to have “dangerous weapons” in UW facilities.

The policy review comes after Gov. Mark Gordon vetoed legislation in March that would have eliminated most gun-free zones in the state, but called on institutions like school districts, community colleges and UW “to take up these difficult conversations again and establish policies that allow for the safe carry of concealed weapons within their facilities.”
 

WA: Teen arrested for Federal Way stabbing claims self-defense against homophobic attack
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“They started taunting him, calling him gay and f****t,” she said. “So he turned around, and as he turned around, he was punched in the face, and he said everything went black, and he just started swinging to protect himself.”

Federal Way police say two of the teens were stabbed during the fight and had minor injuries. A witness at the apartments who wanted to remain anonymous told KOMO News the teens went there for help but did not want to go to the hospital or call 911 instead, wanting to leave the area.
 

TN: Sen. Joey Hensley offers round-up of laws passed during legislative session
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The right to keep and bear arms is a fundamental liberty in America, and Tennessee has long been a champion of this constitutional right. In recent years, in the General Assembly we have taken significant steps to reinforce and safeguard the Second Amendment for our law-abiding Tennesseans. With a range of laws and policies, Tennessee has aimed to ensure that its residents can exercise their right to self-defense without undue restrictions or infringement.
 

MO: Missouri Homeowner Fatally Shoots Intruder After Bizarre Home Invasion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to the Platte County Sheriff’s Office, the homeowner reported that a partially clothed man appeared on their property and began acting erratically. After arriving at the residence, the man began praying to a horse located on the property. The bizarre behavior continued when the individual attacked the homeowner’s dog.

Things took a dangerous turn when the intruder attempted to force his way into the home. Fearing for their safety, the homeowner responded by using a firearm to protect themselves and their property. When deputies arrived, they discovered the suspect, identified as a white male in his 30s or 40s, deceased at the entrance to the home.
 

On the Second Amendment, Harris shoots herself in the foot — again
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It’s hard to reconcile Vice President Kamala Harris’s friendly overtures to gun owners with the footage that recently emerged of a 2007 press conference in which the then-district attorney of San Francisco said cops could conduct random home inspections to enforce compliance with the city’s new “safe storage” laws.

Yes, really.
 

CA: FPC, NRA Team Up on Second Amendment Brief in Ninth Circuit Appeal Challenging Federal Gun Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On September 24, 2024, Firearms Policy Coalition (FPC) and the National Rifle Association (NRA) filed a joint brief with the Ninth Circuit Court of Appeals in United States v. Duarte. In Duarte, the defendant was charged with violating a federal law prohibiting firearm possession by people convicted of crime punishable by more than one year of imprisonment, regardless of the nature of that crime. The brief, authored by Joseph G.S. Greenlee and Erin M. Erhardt of NRA’s Institute for Legislative Action, can be viewed at FPCLegal.org.
 

Biden, Harris throw out ultimatum pitting Second Amendment against gun violence prevention
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“People [say] like the liberty of America is watered with the blood of patriots,” Biden mimicked. “Like hell!”

Biden framed his gun control efforts as pro-law enforcement, citing the administration’s efforts to fund public safety strategies. The president called for increased funding for the Bureau of Alcohol, Tobacco, Firearms and Explosives, noting that conservative lawmakers wanted to defund law enforcement agencies like the Federal Bureau of Investigations.
 

Harris and Walz are gunning for the Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In fairness, her actions as Biden’s gun-control czar appear downright moderate when contrasted with her lengthy history of extreme anti-Second Amendment advocacy and discourse. For example, in 2008 Harris joined an amicus brief defending bans on the possession of handguns and advocating for a 20th century revisionist view of the Second Amendment that renders it little more than a superfluous authorization of state National Guard units.
 

Kansas US Senator helps introduce bill to ban handgun rosters
Submitted by: Mark A. Taff
Website: www.marktaff.com

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U.S. Senator Roger Marshall, M.D. joined Senator Jim Risch (R-ID) today in introducing the Modern Firearms Safety Act, which would prohibit states from enforcing handgun rosters. These lists of pre-approved handguns require manufacturers to include costly features like microstamping, loaded chamber indicators, and magazine disconnect mechanisms on firearms, preventing law-abiding citizens from purchasing the firearm of their choice.

Several states, including California, New York, Maryland, Massachusetts, and D.C., have recently enacted unconstitutional handgun rosters. A 2024 federal district court ruling found California’s handgun roster requirements unconstitutional.
 

Kamala Harris Issues First Executive Order on Gun Control with Joe Biden
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Kamala Harris just turned a commercial firearm background check at the point of sale into a three-step gun confiscation tool.

STEP 1: An 18–20-year-old adult goes to purchase a gun, beginning the unconstitutional wait period.

STEP 2: During the unconstitutional “enhanced background check” a non-prohibiting record is used to “red flag” the purchaser and their name is added to the database of prohibited persons.

STEP 3: The purchase is denied, and the 18–20-year-old adult has their other guns confiscated.
 

KS: Federal prosecutors appeal 2A gun rights decision on machine guns in Kansas
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A month after a federal judge dismissed machine gun possession charges in Kansas based on the Second Amendment, federal prosecutors are appealing to the 10th Circuit U.S. Court of Appeals.

Tamori Morgan had been indicted by a grand jury in April 2023 in U.S. District Court in Wichita. Those two counts of unlawful possession of a machine gun were dismissed Aug. 21 by U.S. District Judge John Broomes.

Broomes wrote that the prosecution "fails to meet its burden to demonstrate that possession of the types of weapons at issue in this case are lawfully prohibited under the Second Amendment."

Prosecutors filed the appeal with the 10th Circuit on Sept. 20 but as of Wednesday had not yet filed documents detailing their arguments.
 

IL: Appeals courts denies delaying Illinois FOID challenge
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Since then, the state motioned for three extensions to file a response, which were granted. In September, the state motioned to pause the case in order to await the outcome of a different FOID card challenge in front of the Illinois Supreme Court. The appeals court said the state has had enough delays and the case they’re waiting for is not similar to the Guns Save Life challenge of the FOID card.

“Similarly, the State’s brief in this case cited the standard for a facial challenge in a single paragraph of its standing section … and Defendant still has not identified a specific set of circumstances when the FOID Act would be constitutional,” the appeals court wrote.

 

SD: Jackley, Republican attorneys general ask SCOTUS to review challenge to Maryland's gun ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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South Dakota Attorney General Marty Jackley is echoing a Republican effort to ask the U.S. Supreme Court to take up a Maryland case centered on a decade-old ban on certain firearms.

An all-Republican coalition, led by Idaho Attorney General Raúl Labrador and supported by Jackley, 25 other attorneys general, and the leaders of the Arizona and Wisconsin legislatures, petitioned the Supreme Court through an amicus brief submitted on Monday to review Snope v. Brown, a Maryland-based challenge to the state's Firearm Safety Act of 2013.
 

U.S. v. Ayala: Another Absurd (And Unconstitutional) Restriction
Submitted by: Mark A. Taff
Website: www.marktaff.com

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CRPA, joined by the Second Amendment Law Center, the Second Amendment Foundation, and the Minnesota Gun Owners Caucus, is filing an amicus brief in a case challenging the constitutionality of the ban on carrying in post offices.

The case is United States v. Emmanuel Ayala, a criminal case appeal in the Eleventh Circuit. Mr. Ayala is a postal worker with a Florida CCW permit who was caught carrying while at work and is now being criminally prosecuted for it. The district court ruled for Mr. Ayala because it agreed that there is no relevant history supporting banning the peaceable carry of firearms in post offices. The United States then appealed its loss.
 

Harris says the right to be safe is a civil right as Biden signs order on gun technology
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The order also establishes a task force to investigate the threats posed by machine-gun-conversion devices, which can turn a semi-automatic pistol into a fully automatic firearm, and will look at the growing prevalence of 3D-printed guns, which are printed from an internet code, are easy to make and have no serial numbers so law enforcement can’t track them. The task force has to report back in 90 days — not long before Biden is due to leave office.

The president has promised he and his administration will work through the end of the term, focusing on the issues most important to him. Curbing gun violence has been at the top of the 81-year-old president's list.
 

Biden Screams About 2nd Amendment, Repeats Lie About Vance Saying ‘Facts of Life’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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My transcribing tool had a hard time transcribing him:

Never was a second Amendment meant to be absolute. Back when it was passed, you could not own a cannon. No, I’m not talking about joking people. The liberty of America is water with the blood of patriots.

Like hell. I’m serious. Think about it. Think about. It was never absolute. Never.
 

FPC Brief Explains Why the Federal Post Office Gun Ban is Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Today, Firearms Policy Coalition (FPC) announced that it has filed a brief with the Eleventh Circuit Court of Appeals in a criminal case about carry on U.S. Post Office property. The brief comes after FPC filed its own lawsuit directly challenging the constitutionality of this federal ban in the Northern District of Texas, called FPC v. Garland. FPC’s amicus brief in United States v. Ayala can be viewed at FPCLegal.org.
 

KS: Kansas has about 4,000 machine guns: ATF. How does that compare to other states?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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While it is generally illegal to possess a machine gun, a federal report shows thousands are possessed legally.

A report from the Bureau of Alcohol, Tobacco, Firearms and Explosives shows that as of 2021, there were about 741,000 legally registered machine guns in the United States, with about 4,000 of those in Kansas.

Here's how Kansas ranks per capita compared to the other 49 states, Washington, D.C., and the country as a whole.
 

TX: Texas Supreme Court deals final blow to Paxton's crusade against state fair's no-gun policy
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Texas Supreme Court dealt a final blow Thursday night to Attorney General Ken Paxton's hail-Mary attempt to quash the Texas State Fair's newly implemented no-gun policy in an order issued 13 hours before the festivities begin Friday morning.

In an unsigned decision, the all-Republican court denied Paxton's request for a temporary injunction against the firearms ban, meaning fairgoers— except peace officers— must leave their weapons behind before they enter Dallas' Fair Park.

Ed.: That's final for now, but the case on the merits will proceed. Also may see some legislative action in January when the legislature reconvenes.
 

 QUOTES TO REMEMBER
Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property . . . Horrid mischief would ensue were the law-abiding deprived of the use of them. — Thomas Paine, Thoughts on Defensive War (1775).

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