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Newslinks for 11/2/2023

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Republican spending bill would block gun background check rule
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As the Biden administration reiterates calls for tougher gun measures in response to the mass shooting in Maine last week, House Republicans updated a fiscal 2024 spending bill with provisions that take the opposite track.

House Republicans are looking to use the appropriations process to block a proposed rule to implement a provision included in the first bipartisan anti-gun violence package passed in years.

That gun package, which received the support of Republican senators such as Sen. Mitch McConnell, R-Ky., and Sen. John Cornyn, R-Texas, widened the definition of engaging in the business of firearm dealing, according to the Justice Department.
 

PA: Lock up the guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Guns are a part of our culture but they need to be respected. They are equal to or more dangerous than a car (which is registered, licensed and insured).

That issue aside, why can anyone in Pennsylvania go into a garage and not only steal a rifle but ammunition, too, thus putting the neighbors and the police at risk? Is that what our Second Amendment is about?

Is it too much to ask owners of all guns to keep them safely stored (gun safes, biometric lock box, trigger locks) and lock and store ammunition separately?
 

LA: For the dead in Lewiston, cowardly Congress must answer
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Not every mass killer in this country uses semi-automatic rifles. In Lafayette in 2015, we saw the horror in a movie theater caused by a large magazine pistol.

But what everyone should know by now is that the most prolific weapons of mass murder are not hunting rifles, unless one figures that a spray of dozens of bullets is needed to go after deer.

Assault weapons ought to be outlawed, as they were for a decade.

Congress put a ban in place in 1994 but allowed it to expire in 2004. Along with local law enforcement, this newspaper criticized that decision.
 

IA: Red flag laws could reduce suicides and mass shootings, but Iowa doesn’t have them
Submitted by: Mark A. Taff
Website: www.marktaff.com

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November marks the anniversary of the shooting at the University of Iowa Campus in 1991. A graduate student killed five people before taking his own life. It hits as the mass shooting in Maine has renewed scrutiny on gun laws - especially so-called Red Flag laws.

With the warning signs missed in the Maine mass shooting, we wanted to know what Iowans could do if they thought their loved one was a danger to themselves and others. The answer we found... not much.

22 states have Extreme Risk Protection Orders known as Red Flag Laws. They allow a judge to temporarily suspend someone’s rights to have a gun if they pose a risk to themselves or others.

 

FL: Demand for gun training classes plummets after new permitless carry law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Floridians no longer need a permit to carry a concealed firearm, and gun owners are overwhelmingly opting out of the safety and educational training once required for a license.

Firearms instructors are seeing a dramatic drop in sign-ups for such courses, which teach safety and explain the state’s laws about where and how gun owners can lawfully carry pistols and legally use them in self-defense.
 

AR: Gun Owners Forum set for Saturday in Hot Springs
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Gun Owners of Arkansas will hold an educational forum "on the inherent right to self-defense and the rights to keep and bear arms" at noon Saturday in the meeting room at Smokin' in Style restaurant, 2278 Albert Pike Road.

The forum is open to the public and admission is free. Those in attendance may arrive between 11 a.m. and noon to eat or meet the speakers.
 

VA: Virginia Beach Flooring Crew Defends Themselves in Justified Shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a clear-cut case of self-defense, a Virginia Beach flooring company, The Floor Doctor, was forced to take decisive action during a confrontation at the Newpointe Condominiums on the morning of October 13th, 2023. This incident is a textbook example of why the Second Amendment matters – regular folks protecting themselves when the chips are down.

Let’s cut through the noise. The Floor Doctor crew was doing their day’s work, laying down hardwood floors in a condo on Pillar Court. But, as fate would have it, a downstairs neighbor wasn’t too pleased with the ruckus.
 

The Second Amendment, From Bruen to Rahimi
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On November 7, the Supreme Court will hear oral arguments in United States v. Rahimi, which involves the constitutionality under the Second Amendment of 18 U.S.C. § 922(g)(8). This statute criminalizes firearm possession by individuals subject to certain domestic violence restraining orders. I just published an essay in Law & Liberty arguing that the law is unconstitutional under the novel holding in New York State Rifle & Pistol Ass'n v. Bruen (2022), but suggesting that the Court may not apply that holding in this case. Even if the Justices return (openly or through “clarification”) to a more traditional legal test, they should conclude that the statute is unconstitutional.
 

CA: Local Jewish community sees spike in requests for self defense, firearms training
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With fighting still happening in the Middle East, and reports of increased antisemitism occurring in the United States, the local Jewish community is increasingly seeking self defense and firearms training.

As the threat of extremist attacks occurring on American soil continues to grow, one Los Angeles based program is focusing their efforts on keeping their community safe — putting an emphasis on doing so safely and responsibility.
 

CO: DA’s office gets murder conviction vacated
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“The additional information led to the conclusion that Ms. Housman was the victim in an emotionally and physically abusive relationship with Mr. Housman that escalated to the tragic incident on August 2, 2009,” according to a news release from the Boulder County District Attorney’s Office.

The CIU team also determined that if Housman had presented the information at her trial, the prosecution would have been unable to prove beyond a reasonable doubt that she did not act in self-defense, according to the news release.
 

WV: Campuses zero-in on campus carry implementation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Marshall University Police Chief James Terry said the Action Learning Team is comprised of a cross-section of all campus stakeholders and meets every two weeks on the issue. Terry said because the law is something new, they started by talking to people from campuses that have campus carry in place. The coverage determined the law was a concern on campus and was diminished a short time after becoming law.

“They talked to every school that has campus carry in effect right now, and they identified no issues, and they also said within six months to a year it’s a non-issue,” Terry said. “Now, we’ll see if that’s the case in West Virginia.”
 

MA: Criminal – Felon in possession – Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Even if some felons are considered part of the political community covered by the text of the Second Amendment, however, Florentino would lose at the second step of the Bruen analysis. Section 922(g)(1) is consistent with the Nation’s historical tradition of firearm regulation as applied to Florentino. … Though there is debate as to whether some felonies may be ‘so tame and technical as to be insufficient to justify’ a lifetime ban on firearm possession, … Florentino does not present such a case. As a convicted gun trafficker, he poses a threat to public safety. The felon-in-possession law is therefore constitutional as applied to him.”

Ed.: 1961 is far removed from 1791 or 1868, as required by Bruen.
 

OH: BFA testifies in support of HB 272 to allow firearms in government buildings
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Tuesday, Oct. 31, 2023, Buckeye Firearms Association presented testimony to the House Government Oversight Committee in favor of House Bill 272.

Sponsored by Reps. Adam Mathews and Justin Pizzulli, HB 272 would give local governments the authority to allow concealed handgun licensees to carry a concealed handgun in government buildings with a courthouse if court is not in session.

Current state law forbids carry in courthouses or buildings housing a courtroom even when court is not in session and when local authorities would prefer to allow it. This makes no sense given that localities have the authority to allow carry in other government buildings
 

Supreme Court Roundup: Not all History is Created Equal
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a previous post, I wrote about the attempt by Merrick Garland's Justice Department in United States v. Rahimi, set to be argued before the Supreme Court on November 7, to sidestep the controlling "text and history" interpretative methodology described in District of Columbia v. Heller and in New York State Rifle & Pistol Ass'n v. Bruen. Rahimi is the case challenging the facial constitutionality of 18 U.S.C § 922(g)(8), a federal statute that disarms any individual subject to a state domestic violence restraining order (DVRO). In that post, I explained how the Government is contending, contrary to Bruen, that the established rule is that "Congress may disarm persons who are not 'law-abiding, responsible citizens.'"
 

How the NRA Helped Gunmakers Become Almost Impossible to Sue
Submitted by: Mark A. Taff
Website: www.marktaff.com

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King wasn’t the only chief executive to use that strategy. By 2000, more than 30 cities were pursuing a legal avenue they hoped would reduce the gun violence plaguing their communities. Every lawsuit soon faced the same obstacle, however — a 2005 federal law, or equivalent laws at the state level, that made it nearly impossible to hold gun companies liable for gun crime. But how did it get this way?

In this episode of The Gun Machine, we explore how the National Rifle Association helped ensure the firearm industry’s unique legal protections, and what those mean for victims of gun violence.
 

The Sweet Sounding Pepperbox – The Mossberg Brownie
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Welcome to today’s Photo of the Day! Here we have Mossberg’s first pistol. The diminutive Mossberg Brownie pocket pistol emerged in 1920 as the company’s first handgun, priced at a mere $5. Designed by founder Oscar Mossberg, the Brownie was a 4-shot .22 LR reminiscent of a derringer with its double-action trigger and rotating firing pin. An earlier version had been licensed to the Shattuck Arms Company, hinting at Mossberg’s pre-branded gunmaking career. Named to recall the popular Browning pistol, Brownies were marketed for self-defense and trappers.
 

IL: We Will Not Comply: Only .1% of Illinois Gun Owners Have Registered Their Newly Banned Guns So Far
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to Illinois State Police data, 2,415,481 gun owners call the Land o’ Lincoln home. Earlier this year, Gov. J.B. Pritzker signed the so-called Protect Illinois Communities Act into law which banned the most many of the most popular guns used for self-defense. Under the law, existing owners of these now verboten firearms must register their guns by January 1, 2024 or face felony charges.

Four weeks into the gun registration window, exactly 2430 of those FOID holders have registered their guns, accessories, or .50 caliber firearms. That works out to .1006%, or about one in a thousand.
 

NE: Omaha’s Latest Firearms Fracas: Ghost Guns in the Crosshairs, Bump Stocks Get a Reprieve
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In a contentious move that’s stirring the pot in Omaha, the City Council has clamped down on ghost gun components yet held fire on deciding the fate of bump stocks and certain gun accessories. The Omaha City Council voted Tuesday to ban ghost gun components in Omaha,

And piling on, the Council has simultaneously thrown its weight behind Mayor Jean Stothert’s executive order banning firearms on city property. This move signals a growing rift in firearms policy at state and local levels. All in a seeming contradiction to the spirit of Nebraska’s recent permitless concealed-carry law, Legislative Bill 77,
 

The 19th Explains: How guns and domestic violence intersect in a Supreme Court case
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On November 7, the Supreme Court will hear oral arguments in the case of United States v. Rahimi, likely determining the constitutionality of a federal law that bars those with a standing domestic violence restraining order from owning firearms. Their decision could also shape the future of not only the ability to enact any restrictions on the Second Amendment but the extent to which the judicial philosophy of originalism will be used to define constitutional rights.
 

China: The anachronism of the Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Ultimately, such a culture of mass shootings shows the inability of the U.S. government to secure the welfare, best interests, and security of its own people, which subsequently pours scorn on its claim to be a defender and champion of human rights throughout the world. After all, what is liberty if this liberty cannot secure your right not to be shot by another? And what are human rights if they cannot provide a right to avoid being indiscriminately shot by mass shooters?
 

CA: Federal judge blocks California's gun show bans
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge in Orange County Monday issued a preliminary injunction barring California from enforcing its ban on gun shows on state property, including county fairgrounds.

In his ruling, U.S. District Judge Mark Holcomb wrote that even if California's ban is effective at stopping illegal gun sales, the regulation is "more extensive than is necessary to serve that interest.”

"California’s interest in stopping crimes committed with illegal weapons, 'as important as it is, cannot justify' prohibiting the complete sale of lawful firearms at gun shows, especially when those same firearms are available for purchase at regular gun stores," wrote Holcomb, a Donald Trump appointee.
 

Women for Gun Rights Convene for Annual D.C. Fly-In
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Women for Gun Rights, formerly known as the DC Project, convened in the nation’s capital for its annual fly-in on October 15-18, 2023. The effort to influence the community and lawmakers took many forms, from a rally and mobile billboard to meetings with legislators and a press conference with members of Congress.

The training session and rally at the U.S. Supreme Court had nearly 100 women in attendance. Dianna Muller, founder of Women for Gun Rights, said at the rally: “America sees gun control messaging and swarms of women demanding more restrictions in front of this iconic building pretty regularly, so we are proud to provide a counter visual and highlight pro-gun messaging like ‘moms demand protection!’”
 

 QUOTES TO REMEMBER
A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects. — Robert Heinlein

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