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Newslinks for 1/26/2023

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NM: Kids Gun Bill Clears First Committee
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A bill that would make it a crime to negligently allow children access to a gun has made it out of its first committee meeting on Tuesday.
KSFR’s Kevin Meerschaert reports.

H-B 9, better known as the Benny Hargrove Act, would make it a misdemeanor to negligently store a firearm that is then used by a minor who displays or brandishes the weapon in a threatening manner or causes injury to the minor or another person.

Supporters say it is only aimed at gun owners who don’t take proper precautions to keep handguns out of the hands of children.    
 

TN: Under Pressure, Tennessee Dumps Under-21 Carry Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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However, Tennessee has forbidden adults below the age of 21 from applying for or being issued a concealed carry permit—until now. In response to a lawsuit filed by the Firearms Policy Coalition (FPC), the State of Tennessee has agreed that its under-21 handgun carry ban violates the Second and Fourteenth amendments. The state will now begin processing carry applications for 18- to 20-year-olds. In the lawsuit Beeler v. Long, the FPC argued that under the Heller and McDonald decisions, the right to keep and bear arms is protected for all adults, not just those over 21.
 

FL: Florida Man Fatally Shot By Homeowner After Climbing Through Window
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A 34-year-old man forcefully entered a home in Lady Lake, FL, through a window on January 2, 2023.

There was a confrontation between the intruder and the homeowner ending with the homeowner shooting the intruder.

The Lake County Sheriff’s Department responded to the call at approximately 5:30 PM and declared it a self-defense shooting. The intruder was pronounced dead at the home.

The intruder had previously been arrested in 2022 for punching a man who was with his girlfriend. He fled but was captured by police, who reported that he was inebriated and in possession of methamphetamine at that time.
 

MI: Michigan Tow Truck Driver Shoots Robber, Evades Ambush
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On December 26, 2022, on the east side of Detroit, MI, a tow truck driver was meeting a person in order to purchase a junk car.

The tow truck driver, a CPL holder, was ambushed while attempting to transact the purchase. He pulled his gun and shot and killed the suspect.

The incident is being investigated, but the police say that it appears to be a case of self-defense.
 

Brazil: President of Taurus-Brazil Proposes Gun Control In Home Country
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The President of Associação Nacional da Indústria de Armas e Munições (ANIAM), which is a joint venture between Taurus and Companhia Brasileira de Cartuchos (CBC), Salesio Nuhs, issued a letter pushing gun control in Brazil. The letter was sent and signed by Nuhs as the President of ANIAM. Nuhs also holds the title of President of Taurus Brazil. Taurus in Brazil is separate from the U.S. entity of Taurus Holdings Inc., but the Brazilian branch produces most Taurus firearms.
 

Fiocchi’s Newest Cartridge Makes Short Work of Varmints
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Fiocchi, a global leader in defensive, target, and hunting ammunition, adds yet another specialized cartridge to its growing line of dedicated hunting ammo. New for the Fiocchi Hyperformance Hunt series is a .223 Remington cartridge designed for “lights out” performance on varmints.

The new .223 Remington cartridge is built on the same winning foundation as all centerfire cartridges in the Hyperformance Hunt line—top-quality brass cases, reliable primers, carefully selected powder to ensure shot-to-shot accuracy, and precision-manufactured bullets that deliver expected terminal performance.
 

Politics Geraldo Rivera Grabs Rifle To Make Theatrical Point In Gun Debate On ‘Hannity’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Fox News’ Geraldo Rivera put an exclamation mark on a gun debate Tuesday with host Sean Hannity by brandishing what appeared to be a rifle or musket. (Watch the video below.)

“Give me that rifle,” Rivera said to someone off-camera on “Hannity.” Rivera, who rotates as a cohost on “The Five” on Fox News, grabbed the antique firearm and held it up.

“This is what weapons looked like,” Rivera said, drawing laughter from Hannity and another Fox News colleague, Pete Hegseth. “This is what they looked like when the Second Amendment was passed. This is what they looked like.”
 

IL: Lawyers who helped win US Supreme Court case train sights on Illinois assault weapon ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Two Second Amendment lawyers who helped win a landmark U.S. Supreme Court case that struck down a New York concealed carry gun law are now challenging the constitutionality of Illinois' assault weapons ban - with help from the National Rifle Association.

Paul Clement, who successfully argued the New York case, is one of the attorneys for the plaintiffs in the latest federal lawsuit seeking to overturn Illinois' two-week old ban.

Clement is a former partner in Kirkland & Ellis' Washington, D.C., office who served as solicitor general of the United States, representing the government in cases before the nation's top court from 2004 to 2008, during the George W. Bush Administration.
 

NY: New York seeks to test Supreme Court on gun control
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Fellow conservative Justice Clarence Thomas joined the Alito statement, which indicated the refusal to step in was “respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case.”

Parties on both sides are downplaying that statement, saying it reflects more of a reluctance on the court’s part to issue a far-reaching precedent before the case goes through lower courts.
 

NE: Rock County, Nebraska, sheriff defying new ATF rule
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It would also require any guns with "pistol braces" to be registered — it's a felony to have a brace on a firearm without registering it a certain way.

Rock County sheriff Benjamin Shelbourn issued a statement Tuesday saying that his department will not be enforcing the ATF's new rule.

That's because former Nebraska Gov. Pete Ricketts declared the state a "second amendment sanctuary state" in 2021.
 

TN: Tennessee Law Barring Adults Under 21 From Carrying Guns Ruled Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A law barring adults under 21 from carrying guns in Tennessee has been ruled unconstitutional.

Nearly two years after the government of Tennessee was sued over its anti-gun carrying prohibition, young adults in the state will now enjoy the same gun carry rights as their peers over the age of 21.

Lawyers for the Firearms Policy Coalition (FPC) and three Tennessee plaintiffs; Caleb Bassett, Blake Beeler, and Logan Ogle, who were under 21 when the complaint was filed (pdf), proclaimed a victory for Second Amendment rights.
 

ID: Free community forum on firearms, self-defense this Saturday in Driggs
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Teton and Bonneville County prosecutors are offering a free community forum on laws regarding firearms, self-defense and defense of others this Saturday at the Teton County School District building in Driggs located at 481 North Main Street.

According to Teton County Prosecuting Attorney this event is for educational purposes only and in no way creates an attorney-client relationship between participants and the Teton or Bonneville Offices of the Prosecuting Attorney.

The event will go from 10 a.m. to approximately noon, and all are welcome to come and ask questions.
 

WA: Gun rights groups speak out as Washington state Dems eye ban on semi-automatic rifles
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun rights groups are speaking out against a bill being pushed by Washington state Democrats that would prohibit the sale and possession of many semi-automatic rifles, shotguns and handguns in the state.

House Bill 1240, which was introduced in the state legislature earlier this month at the request of Democratic Gov. Jay Inslee and state Attorney General Bob Ferguson, would prohibit the manufacture, importation, distribution and selling of so-called “assault weapons,” including the AK-47, AR-15, M16 and dozens of others.

Exemptions would be limited to manufacturers and dealers selling to the military and law enforcement, antique firearms and “assault weapons” that are inoperable and/or inherited.
 

OH: Woman found not guilty for deadly 2022 Mt. Airy shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A 36-year-old woman was found not guilty on murder charges for the February 2022 shooting of a man in Mt. Airy.

Previous court documents alleged Laquieta Reese shot and killed Gregory Jefferies in the 5000 block of Hawaiian Terrace. Reese allegedly shot Jefferies at least twice during an argument.

According to court documents, Reese's arrest was based on an investigation by detectives, eyewitness statements, statements from Reese and physical evidence.

Judge Lisa C. Allen ruled that Reese was not guilty on all charges after her bench trial on Jan. 20.

Allen's law clerk said Reese claimed self-defense during the bench trial.
 

WV: Campus carry gun bill advances, but not without opposition
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A bill that would allow licensed college students in West Virginia to carry a firearm on campus passed the Senate 29-4 on Tuesday and has been sent to the House.

But some presidents of colleges and universities in the state are not on board, saying the bill could have unintended consequences and be costly.

Senate Bill 10, the Campus Self-Defense Act, would allow and regulate "the carrying of a concealed pistol or revolver by a person who holds a current license to carry a concealed deadly weapon on the property of a public institution of higher education."

West Virginia is a state that does not require a concealed carry license in general, but obtaining the license is required in this bill.
 

CA: Could any law prevent the next Monterey Park mass shooting?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California has some of the toughest gun laws in the country, with rules on everything from the types of weapons and ammunition that can be legally owned, to who can and can’t own a weapon, to broad funding for community programs aimed at curbing gun violence.

And researchers believe those tight rules do help reduce the odds of dying from a gunshot in California. That contention is backed up by a growing body of research on the effectiveness of gun laws and by federal data about gun-related deaths across the country.

Still, laws can’t prevent pure horror.

Ed.: Constitutional Carry and eliminating Gun Free Zones would likely do the trick.
 

Kahr P9: Designed For Personal Protection
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Justin Moon was hooked once his older brother took him target shooting for the first time. The 14-year-old was eager to master the skills, learn more about firearms and by age 18, he already had his New York State concealed-carry permit. The pistols available at the time for everyday carry seemed subpar to the young man, though, and he began thinking how the perfect self-defense gun should be. It needed to be almost effortless to carry, in his estimation, safe, yet remain capable of stopping a felonious assault with authority.
 

CA: It Took a ‘Good Guy Without a Gun’ to Disarm the Monterey Park Shooter
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Brandon Tsay is being praised for his bravery after the 26-year-old disarmed the Monterey Park shooter on Saturday night at the Lai Lai Ballroom & Studio.

“There was a moment I actually froze up because I had a belief that I was going to die,” Tsay told NBC News. “[The shooter] started to try to prep his weapon so he could shoot everybody, then it dawned on me this was the moment to disarm him. I could do something here that could protect everybody and potentially save myself.”

Ed.: You don't don't get to ban carry & have gun free zones, and then lament there were no good guys with guns there.
 

Ballistics 101
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The study of ballistics incorporates internal ballistics, external ballistics and terminal ballistics. There are many assumptions associated with each area of study. Some are myths, some are like old wives’ tales and others just come from lack of knowledge. By virtue of my experience and vocation, I’ve learned a lot of things the hard way, but mostly from a lot of smart folks who know more about ballistics than I do. Here are three examples of bad ballistic assumptions, with the facts applied.
 

Why the ATF’s Pistol Brace Ban Is Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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he recent rule change regulating stabilizer braces for AR-15 pistols by the Bureau of Alcohol, Tobacco, and Firearms (ATF) is unconstitutional. But not for the reasons you may think or the ones that have been widely argued. The National Firearms Act (NFA), which the ATF claims allows for the rule, has been overcome by events and no longer applies to these weapons. 

First, some background. 
 

CA: California Gov. Newsom lashes out at 'trash organization' NRA after Second Amendment 'hypocrisy' accusation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The NRA criticized Newsom after he told "CBS Evening News" that the Second Amendment was becoming a "suicide pact" while walking in Monterey Park, California, the scene where 11 people were killed and several others were wounded in a mass shooting over the weekend. 

"Gov. Newsom made that statement while flanked by at least four armed guards," Amy Hunter, the NRA's director for media relations, told Fox News Digital on Tuesday. "That is the definition of hypocrisy." 
 

CA: Newsom demands federal gun safety laws in wake of back-to-back mass shootings
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California Gov. Gavin Newsom demanded federal action on gun safety while responding to the state’s second mass shooting within 48 hours.

Newsom made the plea while standing with local, state, and federal elected officials in Half Moon Bay.

"I got no ideological opposition to someone owning a gun responsibly, but what the hell is wrong with us that we allow these weapons of war, high capacity magazines on the streets and sidewalks?" Newsom told a crowd of reporters.
 

IL: Gun rights advocates are suing over Illinois’ weapons ban. Here’s what to know.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In recent days, there has been a flurry of legal action aimed at a new assault weapons ban signed by Illinois Gov. JB Pritzker on Jan. 10.

The law prohibits the manufacture, possession and sale of dozens of types of semiautomatic firearms and high-capacity ammunition cartridges. It also requires current owners of such weapons to register them with the Illinois State Police by January 2024.

Here’s a summary of the legal activity by opponents and supporters of the ban, and analysis of the litigation by two experts:

Ed.: At present, there are 2 suits in state court, and 4 in federal court.
 

Henry Repeating Arms presents $25,000 to Second Amendment Foundation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Henry Repeating Arms, a a firearms manufacturing company based out of Rice Lake, chose the backdrop of the 2023 Shooting, Hunting and Outdoor Trade (SHOT) Show to present a check for $25,000 to the Second Amendment Foundation, making the company a “Gold Sponsor” of the gun rights organization.

 On hand to receive the check were SAF founder and Executive Vice President Alan Gottlieb and Executive Director Adam Kraut, SAF Vice President for Development Lauren Hill and SAF National Director of Advancement J. Pierce Shields.
 

NE: Nebraska university maintains ban on posters depicting guns: reports
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An Omaha, Nebraska, university ordered a student organization to remove political posters depicting guns and slogans that some found offensive, according to reports.

The College Fix, a conservative news website focused on higher education, reported that Creighton University has a ban on pro-Second Amendment poster, and members of the Young Americans for Liberty are currently fighting to get that ban overturned.
 

 QUOTES TO REMEMBER
I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962

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