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NC: Hubert woman won't face charges after fatally shooting ex-boyfriend in self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A Hubert woman who fatally shot her ex-boyfriend in self-defense earlier this month will not face charges, according to the Onslow County Sheriff's Office.

The Onslow County Sheriff's Office began an investigation into a fatal-domestic-related shooting after responding to a home on Bear Creek Road just after midnight on Monday, October 7.

Arriving deputies found 28-year-old Colton Bush suffering from gunshot wounds. He was transported to Naval Hospital Camp Lejeune where he was pronounced deceased.
 

MO: Homicide charges in fatal shooting of Bolivar student dismissed on basis of self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The panel indicated that Nielsen was likely justified in his actions under Missouri's self-defense laws: "The fireworks were large enough to have presented a significant risk to the lives and safety of the family, and under Missouri law, such a threat may warrant a defensive response. It does not matter what the intent of the group was; even if they did not intend to cause physical harm, Mr. Nielsen would be judged on what dangers he reasonably perceived in the situation."

After reviewing the case, the panel was provided the same jury instructions a trial jury would receive, and the "vast majority" of the panel said they would rule that Nielsen acted in self-defense.
 

IN: Man who shot, killed teen at weekend high school party will not face charges
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Evidence shows that nine of the shooting victims, who ranged in age from 14 to 20 years old, were struck by bullets from Ivy’s gun.

Police say a partygoer, acting in self-defense, then returned fire from his own handgun and fatally shot Ivy, the release says. That man will not face criminal charges “as his actions were justified under established Indiana self-defense law.”

Police say the investigation is ongoing and other criminal charges may be filed at a later date. Fort Wayne Police Captain Jeremy Webb says the department is investigating charges for the homeowner, which the Allen County Prosecutor’s Office will review.
 

CT: State Attorneys Claim Hunting Rifles Not Constitutionally Protected in Connecticut
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Hunters take note: State attorneys are arguing your rifles are not “constitutionally” protected in Connecticut.

In a significant legal debate before the United States Court of Appeals for the Second Circuit that could impact hunters across Connecticut, state attorneys are arguing that hunting rifles, particularly semi-automatic ones, are not protected by the Constitution.

According to attorney Joshua Perry, representing the Connecticut Attorney General’s office, the Second Amendment protects guns commonly used for self-defense, but not hunting rifles. As if there is a difference!?
 

Blue States Are Taxing American’s Constitutional Rights
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Inflation has caused significant increases in rent, energy bills, and insurance, making every living expense more difficult to afford for all Americans. Now, Democrats are making living more expensive by taxing our fundamental, constitutional Second Amendment right.

As of July, California residents now face an 11% excise tax when purchasing a firearm or ammunition, in addition to current federal taxes on firearms. The tax came about after Democrat Governor Gavin Newsom signed AB28 into law in late June. Placing such a large excise tax on the purchase of a firearm determines who has the right to own a gun, not based on qualification, but on financial ability.
 

NY: Federal judge strikes down public housing gun ban in New York
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge in New York has overturned a firearms ban in public housing, a decision that could have broader implications, including for tenants in Brooklyn.

The case, brought by three tenants and the Second Amendment Foundation, challenged a provision in the Cortland Housing Authority’s (CHA) lease that prohibited tenants from possessing or displaying firearms on its property.
 

MI: Guns: Where do Trump and Harris stand?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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While at a campaign rally in Portsmouth, New Hampshire, shortly after the Apalachee shooting, Harris, the Democratic presidential nominee, renewed calls for an assault weapons ban, universal background checks and red flag laws.

Students should not have to be frightened of school shootings, she said. “They are sitting in a classroom where they should be fulfilling their God-given potential, yet some part of their big, beautiful minds is worried about a shooter breaking through the door,” she said. “It doesn’t have to be this way.”
 

NY: Housing authority sued over public housing gun ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The United States District Court for the Northern District of New York recently issued a permanent injunction in the case, siding with the plaintiffs.

“Cortland Housing Authority has agreed that they cannot have a complete fire arms ban for their residents in their lease. They have since changed the lease for the residents within the public housing, whatever public housing falls under their ambit,” said Sack.

The Cortland Housing Authority also is required to pay $150,000 for the plaintiffs’ attorney fees according to the settlement agreement.

According to Sack, this isn’t the first time the Second Amendment Foundation has won a lawsuit similar to this one.

 

A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Trace’s analysis identified 150 lawsuits seeking to overturn state assault weapons bans, age limits on buying firearms, licensing rules, and other gun restrictions. In these cases — many of which were brought by the National Rifle Association and other gun rights groups — Republican-appointed judges sided with plaintiffs 48 percent of the time.

That is four times the rate of Democratic appointees, who did so in 13 percent of the cases they heard.

Ed.: This is what happens when lower courts refuse to faithfully apply Bruen.
 

Standing Against ATF Overreach: PSA & GOA File Amicus Brief in U.S. vs. Wendt
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On October 18, 2024, Palmetto State Armory, alongside FRAC (Firearms Regulatory Accountability Coalition), Gun Owners of America, B&T USA, and eight states, filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit. This filing opposes the ATF’s controversial unauthorized expansion of the 1986 machine gun ban, known as the Hughes Amendment, which was leveraged against former Iowa Police Chief Bradley Wendt. This case marks a critical battle over gun rights and government overreach.

 

Democrat Media Op Gone Wrong: Candidate Shoots Reporter
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With media in tow, Kunce, who is trying to unseat Republican U.S. Sen. Josh Hawley, set out to prove his marksmanship skills—a sure way, it seems, for Democrats to prove they are not anti-Second Amendment advocates.

As both Kunce and Kinzinger are military veterans, one would think they could have avoided the inevitable problem that soon occurred. Who they meant to impress by shooting AR-15s at targets only 10 to 12 yards downrange is anyone’s guess. But almost anyone who has ever shot an AR—or any other rifle—knows you shouldn’t shoot steel targets at such a short distance.
 

NY: AI-powered subway weapons scanners found no guns during summer pilot program
Submitted by: Mark A. Taff
Website: www.marktaff.com

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AI-powered weapons scanners deployed in the subway this summer led to the recovery of zero guns, with civil rights advocates declaring the project helmed by Mayor Eric Adams “objectively a failure.”

Police deployed the metal detectors, manufactured by Evolv, to 20 subway stations over an unspecified 30-day period and conducted more than 2,700 scans. An NYPD spokesperson said Thursday that the scanners identified 12 knives, but failed to mention recovering any firearms.

Meanwhile, the NYPD spokesperson noted, the scanners returned false positive notifications on 118 occasions. It’s not clear whether these false detections were about knives or firearms.
 

NC: $10K reward: Guns stolen from Asheville store in midst of Helene power outages
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Asheville Police said a suspect or suspects stole multiple guns from a store in the wake of Hurricane Helene.

The break-in happened at Carolina Guns and Gear West on October 1 - just four days after Helene caused widespread destruction and power outages in the western part of North Carolina.

Police said the suspect(s) stole multiple firearms and devices from the business on Sweeten Creek Road. Nearly all businesses in the area were without power and most roads were inaccessible.
 

Point/Counterpoint: Should Gun Control be Made Stricter?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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DANG: Though relatively moderate solutions have been proposed, the right to legally own firearms should not be infringed.

GRAYKEN: Enhanced gun control presents a solution to the increasing tragedy and loss that firearms have inflicted.

 

CT: State Attorney Argues Your Hunting Rifles Are Not “Constitutionally” Protected in Connecticut
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a case that is sure to stir up heated debate among gun owners and Second Amendment advocates, state attorneys representing Connecticut have claimed that hunting rifles are not protected under the U.S. Constitution. This bold assertion, delivered in recent court proceedings, has raised questions about the future of gun rights in the state, particularly for those who use firearms for sporting purposes.

Joshua Perry, an attorney for the Connecticut Attorney General’s office, made the statement during a hearing at the United States Court of Appeals for the Second Circuit.
 

NY: Supreme Court Showdown Looms in New York Antonyuk Case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Second Circuit reviewed the case as SCOTUS demanded and determined that Rahimi had no bearing on this case since it was too different. They also decided that the founding era was both 1791 and 1868 equally. This determination differs from the conclusion found by the Third Circuit in Lara, which stated that the founding era was the ratification date of the Second Amendment and not the 14th Amendment. This disagreement has caused a circuit split.
 

Future of SCOTUS and Second Amendment Rights on the 2024 Ballot
Submitted by: Mark A. Taff
Website: www.marktaff.com

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There’s been a fair amount of hyperbole bantered about in the run up to the 2024 election. Voters have been subjected to admonitions that former President Donald Trump is a “threat to democracy.” There have been warnings that this election could be the last free election and accusations that the military could be weaponized against political foes.

The notions are laughable but show the depths to which political opponents will go to inject fear to drive votes. There’s one threat that’s very real, however. And one that voters have had a significant effect on in previous elections.

That’s the composition of the U.S. Supreme Court.
 

Harris Doubted Constitutionality of San Francisco Handgun Ban She Backed
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Vice President Kamala Harris said the pistol possession ban she backed as San Francisco District Attorney was likely unconstitutional in a recently unearthed audio tape.

During a 2006 talk with the Commonwealth Club of California, Harris said the previous year’s ballot measure banning handguns was unlikely to survive a court battle. Her comments come about a year after she supported passage of the measure and about a year before she signed onto a Supreme Court brief defending Washington, DC’s similar ban.
 

NY: Double Win for U.S. Constitution in Cortland, New York
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The granting of a permanent injunction against a public housing authority in Cortland, New York, issued on Tuesday by a judge appointed by President George Bush in 2007, was a double win for the United States Constitution. It prohibits officials of the federally funded Cortland Housing Authority (CHA) from enforcing unconstitutional lease language infringing on the Second Amendment’s guarantee of the right to keep and bear arms, and from interfering with the First Amendment’s guarantee of freedom of speech on the government entity’s Facebook page or other social media.
 

NY: Federal appeals court upholds New York's ban on guns in sensitive places
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A recent Supreme Court decision doesn't mean New York can't enforce laws banning firearms from “sensitive” places such as public transportation, hospitals and schools, a federal appeals court said Thursday, repeating findings it made a year ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that it had complied with a high court request that it review its December 2023 decision in light of a June ruling by the Supreme Court in another gun case.

The Supreme Court also asked seven other state and federal courts to reexamine their decisions, the 2nd Circuit noted.

 

TX: State Fair of Texas banned guns this year, but Texas AG Ken Paxton will keep challenging the rule
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Paxton filed a motion Monday to dismiss his appeal against the court's decision to block a gun ban by the State Fair of Texas. The Texas Supreme Court ruled in September to deny Paxton's emergency motion for temporary relief of the ban after the motion was previously denied by the Dallas County District Court and the Fifteenth Court of Appeals.

"Because the State Fair ended on October 20, the State no longer wishes to pursue this appeal from the denial of a temporary injunction," the filing states.

However, the state intends to continue challenging the ban in trial court, the filing states.
 

 QUOTES TO REMEMBER
You can never have a revolution to establish a democracy. You must have a democracy in order to have a revolution. — G.K. Chesterton, English journalist and author, 1955

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