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WA: Yakima prosecutor rules out charges over Randall Dog Park shooting citing self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Yakima County Prosecutor Joe Brusic has decided not to file criminal charges in the Randall Dog Park shooting on February 5, 2023, that killed Daniel Ortega, who was 22 years old at the time.

Around 2:30 p.m. that Sunday, almost a year ago, multiple 911 callers stated Ortega was cussing and acting "extremely erratic and aggressive" while shirtless in 46-degree weather, according to a letter from Brusic to the Yakima Police Department.
 

IN: Mistrial declared after jury deadlocks on murder charge against Wallace Smith III
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Wallace Smith III's fate hinged Wednesday on whether jurors believed Smith's life was in danger when he fired 16 shots into George Derment Jr.'s car, killing Derment, early Sept. 23, 2023.

Some jurors wanted to convict Smith, 43, of murder, while others wanted to acquit him based on Smith's claims of self defense.

About 3 p.m. Wednesday — after three hours of deliberation — the jury sent a note to the court, leading many to believe they had reached a verdict. They hadn't.

The jury foreman declared they were a hung jury. Tippecanoe Superior 2 Judge Steve Meyer asked the jury to go back and discuss if the deadlock could be broken.
 

CA: Californians don’t have to pass a background check every time they buy bullets, federal judge rules
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California residents don’t have to pay for and pass a background check every time they buy bullets, a federal judge has ruled.

The Tuesday ruling by U.S. District Judge Roger Benitez took effect immediately. California Attorney General Rob Bonta asked Benitez on Wednesday to delay the ruling to give him time to appeal the decision. It’s unclear if Benitez will grant that request.

Ed.: Judge Benitez turned down the stay, as of last night, but expect shenanigans from the 9th circuit.
 

Everyone’s true favorite Disney star is on fire against gun control
Submitted by: Mark A. Taff
Website: www.marktaff.com

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For several generations of Americans, Kurt Russell is the best star to come out of Disney. In addition, he had a stellar career as an adult actor. He’s also a libertarian who is not shy about sharing his values. That’s why we now have an awesome audio of Russell speaking out in support of our nation’s and every individual’s right to self-defense through firepower.
 

GA: Georgia Bill Would Prohibit Credit Card Codes to Track Firearms Purchases
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Rep. Jason Ridley introduced House Bill 1018 (HB1018) on Jan 24. The bill would prohibit financial institutions from requiring the use of a firearms code that distinguishes firearms businesses from other businesses and make it illegal to charge higher fees for those businesses. It would also make it illegal for those financial institutions to keep registries of firearms or firearm owners. The State Attorney General would be authorized to investigate alleged violations, though alleged violators would be allowed to respond within 30 days before action could be taken.
 

How Guns Brought America the Tyranny Its Founders Feared
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In March 2023, the Honolulu Star-Advertiser sent out a distress signal: “Protect Hawaii and our peaceful culture from tyranny of guns.” The Supreme Court’s Bruen decision had made it legal to carry firearms outside the home in all 50 states, and laws were pending to apply the ruling to Hawaii. “So, guns are coming,” warned the authors: to churches, schools, shopping malls and restaurants. Between “this dystopian future” and Hawaii’s peaceful traditions there were few remaining options.
 

CA: California-Versus-Federal Fight Over Ghost Guns Rests With Judge
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The US government has asked a federal judge to dispatch a lawsuit by the state of California contending that failures by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice, have led to a proliferation of untraceable “ghost guns.”

Justice Department lawyers on Wednesday told Judge Edward Chen of the US District Court for the Northern District of California that he should grant their motion for summary judgment on the state claims that the feds chose the faulty interpretation of what constitutes a firearm, allowing the weapons to flood the streets.
 

IN: Jim Lucas' unhinged behavior is going to hurt someone
Submitted by: Mark A. Taff
Website: www.marktaff.com

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State Rep. Jim Lucas thinks it's chill to show kids his gun. That's insane.

Lucas, R-Seymour, flashed his gun Tuesday while arguing with students from Burris Laboratory School in Muncie. The kids are members of Students Demand Action, a gun control advocacy group, and pro-gun Lucas thought it would be helpful to show them the object of their concerns.

The students were not amused. Some told The Statehouse File they felt threatened.
 

Supreme Court’s ‘History’ Test Sparks Second Amendment Confusion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The court’s 6-3 decision in New York State Rifle & Pistol Association v. Bruen, created a new test that requires judges to look at whether a gun law is “consistent with the Nation’s historical tradition of firearm regulation.” In this video, we look at how lower courts are struggling with the new test for gun laws, and what that means for future gun law regulations in America.
 

CA: Ammunition Depot and Others Declare Legal Victory for California Gun-Owners
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The decision comes after a knockout lawsuit—uniting the national online discount ammo retailer Ammunition Depot, the California Rifle & Pistol Association (CRPA), and Olympic shooter Kim Rhode, among others—and challenging the new process' excessive restrictions on law-abiding residents. The court firmly sided with challengers in concluding that the state's policies fundamentally violated the constitutional rights of California's nearly 40 million citizens.
 

CA: California Ammo Background Check Law Ruled Unconstitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Golden State’s requirement that gun owners pass a background check for every ammunition purchase is unconstitutional, a federal judge ruled Wednesday.

US District Judge Roger Benitez issued a permanent injunction against a collection of California laws requiring criminal background checks on all ammunition purchases and prohibiting the purchase of ammunition in other states. Benitez found that each restriction was at odds with America’s historical tradition of gun regulation and, therefore, “must yield to the Constitution.”
 

FISA and the Second Amendment: Gun Owners Beware
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Whether you're a Democrat, Republican, or politically nonaffiliated person, if you're also a gun owner and use Apple products (I'm both), you should be deeply concerned about the ability of federal law enforcement agencies to get a lot of data on you - without ever having to get a warrant.

On January 25, the technology publication 9to5 Mac published an alarming piece about ads and push notifications being used as surveillance tools against iPhone users.

Reporter Ben Lovejoy provided details about a new report from 404 Media on ad spyware known as Patternz.
 

NY: NY Public Housing Tenants Can Keep Guns Despite Ban in Contract
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A clause in a New York public housing rental agreement that bans tenants from having firearms on the property is likely unconstitutional and was therefore preliminarily enjoined by a federal court.

Three Cortland Housing Authority tenants had claimed that the ban violated their Second Amendment right to keep and bear arms in their homes for their personal protection. The tenants, along with The Second Amendment Foundation, sought a temporary restraining order and to enjoin the CHA from enforcing a firearms ban in its tenant’s lease agreement.

The CHA’s attempt to compare the ban to the permissible regulation of who may ...
 

WA: Washington Democrats Push Liability Insurance Requirement for Gun Owners
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Washington State Senate Democrats are pushing a controversial bill that would require gun owners to obtain liability insurance, and during a hearing before the Senate Law & Justice Committee earlier this week, more than 1,100 people signed up to oppose the measure.

But for some unknown reason, the bill was apparently pulled from the Executive Session schedule for Tuesday, according to an update from activists watching this legislation closely.

According to the Daily Olympian, another 776 people signed up in support of Senate Bill 5963, sponsored by Sen. Patty Kuderer. She is joined by fellow Democrat Sens. Javier Valdez, Sam Hunt, Liz Lovelett, T’wina Nobles, Jamie Pedersen, Derek Stanford, Yasmin Trudeau, Lisa Wellman, and ...
 

WA: WA gun owners would have to carry gun liability insurance under proposed bill
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun owners in Washington state would have to have liability insurance for their firearms under proposed legislation heard in the Senate Law and Justice Committee Monday. Sen. Patty Kuderer, D-Bellevue, is sponsoring the legislation with the support of nine Democratic Senators.

“This bill will require gun owners who live in Washington and own or possess a firearm to carry gun liability insurance to cover the losses or damages resulting from any accidental use of a firearm,” Kuderer said during testimony.

The senator said gun deaths and injuries cost $169 million in taxpayer money annually, including costs related to accidental shootings.
 

CO: Dems bow to local control on guns — then take it away
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It is hard to tell which of the following Colorado Democrats hate more: the Second Amendment, or local control of government. A newly drafted bill sponsored by Dems allows them to continue to attack both.

Fewer than three years ago, Sen. Sonja Jaquez Lewis of Longmont, Sen. Chris Kolker of Littleton and Sen. Tom Sullivan of Centennial, all Democrats, voted with their party to blow up Colorado’s long-standing law which ensured a predictable, statewide approach to firearm regulation.
 

NM: New Mexico Senate Passes Bill Banning Guns Near Polling Places
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The New Mexico Senate passed a bill on Tuesday that would ban guns near polling places and drop boxes.

The Democratic-controlled Senate approved the bill in a 26 to 16 vote, with only one Democrat joining every Republican in opposition. The bill would ban the possession of a firearm within 100 feet of a polling place and 50 feet of a drop box. “Given where we are as a country with elections, having guns (kept) out of polling places in my opinion — and I respect that there’s a difference of opinion on this — but I think it makes a lot of sense,” said Sen. Peter Wirth (D), the state Senate majority leader and a cosponsor of the bill, according to the Associated Press.
 

CA: Federal judge spikes California law requiring background checks for ammunition sales
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Whether you're a Democrat, Republican, or politically nonaffiliated person, if you're also a gun owner and use Apple products (I'm both), you should be deeply concerned about the ability of federal law enforcement agencies to get a lot of data on you - without ever having to get a warrant.

On January 25, the technology publication 9to5 Mac published an alarming piece about ads and push notifications being used as surveillance tools against iPhone users.

Reporter Ben Lovejoy provided details about a new report from 404 Media on ad spyware known as Patternz.
 

CA: U.S. District Court Rules Californians Don’t Have to Pass an Ammunition Background Check
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The legal challenge of the required background check for ammunition purposes dates back to November 2016, when California voters passed Proposition 63. The law was almost immediately challenged by gun rights supporters, who said that such a ban violated the Second Amendment of the U.S. Constitution. Rhode v. Becerra (later changed to Rhode v. Bonta because of a change in the state Attorney General) was the main such suit, backed by the California Rifle & Pistol Association. In April 2020, Judge Benitez ruled that the background check law was unconstitutional, saying that “California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured.”
 

DOJ, ATF Pressed Over Secret Plans For Unconstitutional Regulation Of Private Gun Sales
Submitted by: Mark A. Taff
Website: www.marktaff.com

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President Joe Biden’s Department of Alcohol, Tabacco, and Firearms is working with the Department of Justice to regulate private gun sales into oblivion by mandating background checks for personal firearm exchanges, according to whistleblower group Empower Oversight.

Federal law currently requires background checks for any gun buyers who purchase their new weapons through a licensed federal firearms dealer (FFL). Two sources in communication with Empower Oversight confirmed the ATF is prepared to move forward with a rule that would classify a closed-door gun sale between friends or family members the same as firearm purchases made from FFLs.
 

SC: Do you think the SC 'Open Carry' Bill should require firearms training?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A bill in the state senate could bring South Carolina one step closer to being an open-carry state.

It's called the "Constitutional Carry/Second Amendment Preservation Act of 2023" and it would allow legal gun owners to carry their firearms without having a permit on them.

However, that's not the part that has Myrtle Beach Mayor Brenda Bethune concerned. It's the fact that this bill does not require someone to take a gun safety training course before carrying a firearm.
 

IN: Bill that would allow more people to carry guns in the statehouse is moving forward
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Legislation surrounding guns is moving forward at the statehouse, including a proposal to allow more guns to be carried inside the state capitol.

Since 2017, state lawmakers have been able to carry a gun in the statehouse but for office holders, like State Treasurer Daniel Elliot, that same right isn’t granted.
 

CA: Huge Win In Rhode v. Bonta
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Rhode v. Bonta (challenging ammunition restrictions) has worked its way up and down the court system for eight years. Along with Duncan v. Bonta, these cases were both at the Ninth Circuit level last year, awaiting the much anticipated Bruen decision by the Supreme Court. Once that decision came down, Rhode and Duncan were both remanded back to the lower courts for supplemental briefing. Our friends at Ammunition Depot joined with CRPA and other individual and company plaintiffs to support this case through all of the legal twists and turns.
 

 QUOTES TO REMEMBER
A patriot must always be ready to defend his country against his government. — Edward Abbey

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