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Newslinks for 11/14/2024

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MO: Rural Platte County homeowner faces no charges after September shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A homeowner who shot and killed a man in September will face no charges after it was deemed a "justifiable use of force" by Platte County Prosecuting Attorney Eric Zahnd.

"After carefully reviewing the circumstances of this shooting, it is clear that this woman's use of deadly force was justified," Zahnd said in a statement. "It is fortunate she was able to defend herself and her child, and they were not hurt in this terrifying incident."

This stems from an incident in Dearborn, Missouri, when a shirtless man, later identified as Joshua C. Hinderliter, entered the woman's property and was exhibiting strange behaviors, including trying to ride a horse and overturning its water tank before grabbing an electric gate ...
 

Republicans Land on Senate Majority Leader With Pro-Gun Record
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Republican Senator John Thune of South Dakota will be the next majority leader.

His colleagues voted for him 29 to 24 over Texas Senator John Cornyn after earlier eliminating Florida Senator Rick Scott from the contest. Thune was the candidate with the strongest record of bucking gun-control measures. Unlike Cornyn and Scott, Thune hasn’t supported significant new gun restrictions since entering office in the late nineties. However, he has signed on to several bills seeking to expand lawful access to firearms and gun carry.
 

NY: Ex-New York official asks Second Circuit for qualified immunity in NRA First Amendment case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After the U.S. Supreme Court ruled in May that the National Rifle Association can sue a New York official over claims in unfairly targeted its business operations, the Second Circuit on Wednesday weighed whether that official should be granted qualified immunity.

The NRA filed its 2018 First Amendment lawsuit against Maria Vullo, then-superintendent of the New York State Department of Financial Services, after she announced a plan to urge banks and insurers in the state to stop doing business with the gun rights nonprofit in the aftermath of the school shooting in Parkland, Florida.
 

IL: Federal district court strikes down Illinois MSR, high-cap mag bans
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The U.S. District Court for the Southern District of Illinois on Nov. 8 struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

In a thorough 168-page opinion, the district court applied the U.S. Supreme Court’s text-and-history test for Second Amendment challenges, as interpreted by the Seventh Circuit Court of Appeals.
 

Gun violence prevention groups brace for Trump to keep promise of 'concealed carry reciprocity'
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As President-elect Donald Trump prepares to move back into the White House, gun violence prevention advocates are bracing for him to keep his campaign promise to sign a nationwide "concealed carry reciprocity" law.

The move would allow gun owners with concealed carry permits to travel with their weapons to all 50 states, even those that do not honor out-of-state permit holders from doing so.

Twenty-nine states already allow some form of concealed carry reciprocity, including some that only honor concealed carry permits from out-of-state gun owners if their state reciprocates.
 

MA: Massachusetts High Court Strikes Down Switchblade Ban under Bruen
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In Commonwealth v. Canjura,[1] the Massachusetts Supreme Judicial Court addressed whether the state's prohibition on carrying switchblade knives violated the Second Amendment. Applying the framework established by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen,[2] the Massachusetts court concluded that the ban could not withstand constitutional scrutiny.[3]

The case originated with the arrest of David Canjura, who was found in possession of a spring-assisted knife, known as a switchblade, during an altercation. Canjura challenged the state's ban on possessing switchblades,[4] arguing that switchblades are "arms" protected by the Second Amendment.[5]
 

MA: Woman Acquitted In Fatal Stabbing At Stone Horse Dormitories In 2022
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A woman who was charged in connection with the stabbing death of a fellow resident of the Stone Horse dormitories in Harwich Port in 2022 has been acquitted by a Barnstable Superior Court jury. Aneka Brown was found not guilty of murder in what her attorneys described as a case of self defense.
It took the jury less than 24 hours to hand down not guilty verdicts in the case, one for the charge of murder and one for assault and battery with a dangerous weapon causing serious bodily injury.
 

Understanding Lone Wolf Attacks: What Armed Citizens Should Know
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In this episode, we explore what defines a lone wolf attack and why these events can be especially challenging to detect or prevent. From real-life cases like the Pulse nightclub and San Bernardino attacks, we break down the characteristics that set these incidents apart from coordinated terror activities, offering insights into how lone wolf violence can impact individuals and communities.

But it’s not just about understanding the problem; it’s about equipping yourself with practical knowledge. We discuss strategies for staying vigilant as a concealed carrier, including situational awareness tips and mental preparedness for unpredictable scenarios.
 

ME: Maine 72-hour waiting period for gun purchases violates 2nd Amendment, lawsuit says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun rights groups filed a lawsuit Tuesday that seeks to overturn the 72-hour waiting period law that Maine lawmakers passed after last year’s mass shooting in Lewiston.

The Sportsman’s Alliance of Maine and Gun Owners of Maine had expressed their intent to sue after Gov. Janet Mills, a Democrat who previously opposed sweeping gun-control measures, let the waiting period bill become law in April without her signature.
 

ME: Gun groups sue to overturn Maine's new 3-day waiting period to buy firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun rights advocacy groups filed a lawsuit claiming that Maine’s new 72-hour waiting period for firearms purchases is unconstitutional and seeking an injunction stopping its enforcement pending the outcome of the case.

The lawsuit filed on behalf of five individuals contends that it’s illegal to require someone who passed a background check to wait three days before completing a gun purchase, and that this argument is bolstered by a 2022 U.S. Supreme Court ruling that changed the standard for gun restrictions.
 

ME: Maine sued by gun groups over new three-day waiting period to buy firearms
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun groups assembled to file a lawsuit on Tuesday against Maine’s new 72-hour waiting period to purchase firearms, arguing that the law is unconstitutional. The coalition is seeking an injunction to stop the law from being enforced until the case is decided.

The lawsuit contends that it’s illegal to make someone wait three days to buy a gun if they’ve already passed a background check. They argue their stance is supported by a 2022 U.S. Supreme Court ruling that altered gun restriction standards.
 

IL: 7th Circuit Judges Fumble The Law in IL Gun Ban Case: Ignoring Basic 2nd Amendment Rights
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a recent oral argument in Viramontes v. Cook County before the 7th Circuit Court of Appeals, an intense debate unfolded over Cook County’s “assault weapon” ban.

This ban is part of a larger legal battle challenging the restrictions on semi-automatic rifles. Mark Smith, host of Four Boxes Diner, offered a deep dive into the complexities of this case, exposing judicial reasoning that seemed both uninformed and dismissive of Second Amendment rights.
 

NRA Excited for a Pro-2A Trump Presidency
Submitted by: Mark A. Taff
Website: www.marktaff.com

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After four years of the Biden-Harris administration’s war on guns, the National Rifle Association (NRA) is excited for a pro-Second Amendment administration under Donald Trump and JD Vance.

Democrats are aggressive gun grabbers, and it’s entirely understandable that the NRA should be relieved to see a change of leadership in Congress and the White House. “Gun owners across the country will once again have a strong advocate for their Second Amendment rights in the White House,” NRA executives Doug Hamlin and Randy Kozuch cheered.
 

Huffington Post Inadvertently Outlines Why Gun Owners Chose Trump
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Of all the liberal media wailing over last Tuesday’s win by Donald Trump in the presidential election, an analysis posted at Huffpost.com was perhaps the most interesting—mainly because while bemoaning what a Trump presidency might mean for gun control, the outlet did a good job outlining why most gun owners supported the former president.

In the piece headlined “What A Trump Win Means For Guns” and under the subhead “The election deals a major blow to the movement to reform gun laws,” author Roque Planas started by perpetuating a lie that most in the “mainstream” media use quite often.
 

MN: Man granted new trial in deadly Eagan shooting due to bad jury instructions
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In its ruling, the state Supreme Court said Baker was entitled to have self-defense considered, arguing the burden is on the state to disprove self-defense arguments.

Justices wrote: "The proper standard for determining whether a defendant is entitled to a jury instruction on self-defense or defense of others is whether the defendant produced reasonable evidence to support their claim, and, if so, whether such evidence was sufficient to shift the burden to the State to disprove the elements beyond a reasonable doubt."
 

Can the Republican Senate protect the 2nd Amendment?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Donald Trump needs to protect the Second Amendment with Senate leadership choices who won’t negotiate our rights away.

Trump has already put forward a plan that, in the words of Robert F. Kennedy, Jr., should earn him a space on Mount Rushmore. But there is another problem with our ever persistent RINOs who insist on snatching defeat from the jaws of victory. Although the First Amendment is being shored up, we have to be concerned with the prospects of the Second, simply because all of our rights are mutually supportive.
 

MA: 'No questions asked': Guns for Groceries is returning to Fall River, New Bedford.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It's been over 30 years since Fall River Police Officer Thomas J. Giunta was shot and killed while on duty. Since then, the roughly bi-annual Guns for Groceries event has taken over 4,000 guns off the streets of Fall River and New Bedford in his honor, according to the Rev. Rob Nemkovich of Blessed Trinity Church in Fall River.

Nemkovich — who's taken over as the event's organizer since the retirement of its founder, the late Rev. Dr. Robert Lawrence — says the event now honors Lawrence's memory alongside Giunta's and carries on the reverend's intention of increasing public safety by reducing the number of weapons that could potentially be a source of tragedy.
 

MI: Michigan poised to restrict guns at election sites under Democratic bills
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun owners would be banned from openly carrying their firearms to Michigan election locations under bills headed to the desk of Gov. Gretchen Whitmer for likely signature.

House Democrats gave final passage to the legislation Wednesday in a series of 56-53 party-line votes, approving changes made by the state Senate in February.

The bills were among the first significant votes House Democrats took since last week’s election, in which they lost majority control to Republicans, who will take over the chamber next year.
 

NJ: Point Blank Guns and Ammo in East Hanover Faces Lawsuit for Unauthorized Ammunition Sales
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorney General Matthew J. Platkin confirmed the filing of civil lawsuits against two licensed New Jersey firearms retailers for repeatedly selling gun-related products to undercover investigators without the buyer demonstrating that they could lawfully possess a firearm. The stores are Point Blank Guns and Ammo LLC in East Hanover and Butch’s Gun World in Vineland. Each store’s sales included selling a 1,000-round case of AR-15 rifle ammunition for cash. Such unsafe and irresponsible sales are unlawful, and these suits aim to deter such conduct in the future.
 

Trump’s victory over Harris proves ‘Second Amendment won,’ gun rights groups say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Supporters of the Second Amendment will have a strong ally in the White House with President-elect Donald Trump following years of pressure from the Biden administration, firearms rights advocates say.

Organizations including the Gun Owners of America and the National Rifle Association tell Fox News Digital they are looking forward to working with Trump when he returns to the White House in January, despite gun control groups such as Everytown for Gun Safety vowing to stand strong against the president-elect’s “extremist agenda.”
 

DC: Stabbing Defendant Acquitted on All Charges
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A stabbing defendant was acquitted on all counts after jury deliberations on Nov. 7 in a trial before DC Superior Court Judith Pipe.

Samuel Robinson, 44, was found not guilty of assault with intent to kill, and possession of a prohibited weapon for his alleged involvement in a Feb. 6 stabbing incident on the 700 block of M Street, NW.

According to court documents, a Metro Transit Police Department (MTPD) officer on a Green Line train arriving at the Mount Vernon Square station heard a commotion coming from the train platform. The officer exited the train and learned by speaking with an Allied Special Police Officer (SPO) officer the scene that Robinson had allegedly stabbed another man in the back of the head.
 

NY: New York judge allows lawsuit over body-armor ban to go to trial
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge in Buffalo has ruled that a constitutional challenge to New York state’s ban on selling bulletproof vests to civilians can move forward.

The ruling by U.S. District Court Judge John Sinatra Jr. rejected a motion from state Attorney General Letitia James and other New York officials to dismiss a challenge, ruling the plaintiffs have standing to sue the state over the restrictions.

"Here, plaintiffs have demonstrated an injury in fact," Sinatra wrote in the 19-page ruling. "They allege an intention to engage in a course of conduct arguably protected by the Second Amendment but proscribed by New York law."
 

India: Carrying weapon now a status symbol; no fundamental right to bear arms: Rajasthan High Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Rajasthan High Court recently remarked that the trend of weapon possession among people is driven by the desire to show it off as a ‘status symbol’ than for self defence purposes [Brijesh Kumar Singh vs State of Rajasthan]

Justice Anoop Kumar Dhand emphasized that carrying and possessing firearms is only a matter of statutory privilege.

No citizen has a blanket right to carry a firearm as it is not a fundamental right under Article 21 of the Constitution of India, the Court said.
 

WA: Seattle Stabbings Prove False Promise Of Gun Control
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A stabbing spree in Seattle reaffirms what the Citizens Committee for the Right to Keep and Bear Arms has maintained: that restrictive gun control laws do not prevent violent criminals from carrying out mayhem but only prevent honest citizens from defending themselves.

Even more alarming are reports that the suspect, in this case, has had nine felony convictions over the past ten years and that he also has misdemeanor convictions on his record, and at the time of the stabbing incidents, he was the subject of an outstanding arrest warrant.
 

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