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MT: Gun Free School Zone Case has a First Amendment Component
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On 22 August 2023, Gabriel Metcalf was arrested for possessing a firearm in a federal gun-free zone in Billings, Montana. Gabriel and his mother live across the street from the Broadwater Elementary School. Billings police officers had previously told Gabriel and his mother, Vivian, that Gabriel was not breaking any laws.

Some people had complained when they saw Gabriel outside his home with a single-shot 20 gauge shotgun. Gabriel had armed himself because of a two-year campaign of terror conducted by a former neighbor, David Carpenter, and associates.
 

CA: The Golden State Legislature Stacks Up Gun Control Bills as the Session Ends
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California already can rightfully argue they are the strictest gun control state in the country. Gov. Gavin Newsom is even pushing for a Constitutional amendment to do away with Second Amendment rights. That’s not stopping them from rushing to implement even more gun control in the waning days of the session.

It will be a whiplash final week for bill movement. Here’s a rundown of what’s happening in Sacramento.
 

Recorded Defensive Uses of Pistols Against Bears Has Grown Exponentially
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As the research into how effective pistols are when used as a defense against bears has progressed, a startling progression has been observed. The recorded use of pistols in defense against bears has grown by two orders of magnitude in recent decades.
 

10th Circuit Says SCOTUS Didn’t Invalidate Gun Bans for Felons
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A recent US Supreme Court ruling clarifying the right to carry guns in public didn’t overrule a Tenth Circuit decision upholding the constitutionality of the ban on firearm possession by felons.

The Supreme Court, in N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, “created a new test for determining the scope of the Second Amendment,” the US Court of Appeals for the Tenth Circuit said in an opinion by Judge Robert E. Bacharach.

The high court, however, “didn’t appear to question the constitutionality of longstanding prohibitions on possession of firearms by convicted felons,” Bacharach said. “If anything, Bruen contains two potential signs of support for these prohibitions,” he said.
 

WI: Sheriff Brent Waak On Defending the Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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When the ATF announced it was banning pistol braces, Polk County Sheriff Brent Waak challenged its authority to do so. He also let the agency know that he would not allow it to enforce that rule in his county, because he believes it violates the US Constitution, which he took an oath to defend. He spoke about that situation during an event hosted by the MacIver Institute on Sept. 11th in Amery, Wisconsin.
 

NY: NY gun background checks survive another legal challenge
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“There’s no eyes-on proof the system exists and is operational,” the plaintiff’s lawyers wrote. “There are no training sessions for dealers. And there’s not even a printed user guide to the systems platform.”

In response to Sotomayor’s rejection, the plaintiffs filed another emergency appeal with a “supplemental brief” to Justice Clarence Thomas, who voted with the court’s conservative majority in last year’s 6-3 decision striking down New York’s concealed carry law. It still wasn’t clear by the end of this week whether Thomas will consider the request.
 

The Face of Gun Rights At the Supreme Court Can't Stop Shooting At People
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In November 2020, Zackey Rahimi messaged a young woman on Snapchat that he “had something for her.” The woman agreed to meet Rahimi in a parking lot, but discovered that the thing he had was a gun. As she got back into her car and drove off, Rahimi shot the car “multiple times,” per a police report.
 

OR: Controversial Oregon gun control law Measure 114 to go to trial again next week for constitutionality arguments
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Oregon’s controversial voter-approved gun safety law, Measure 114, will go back before a Harney County Court on Monday.

Starting Sept. 18, the Harney County Circuit Court will hear arguments on Measure 114’s constitutionality in the state.

A judge previously issued a temporary restraining order, putting the implementation of the policy on hold last winter.

In next week’s trial, lawyers for the Oregon Department of Justice will argue that Measure 114 is in line with the Oregon State Constitution and should be allowed to go into effect.
 

CA: Armed woman who defended herself against 'drunk' roommate celebrates legal win
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Female long-haul trucker Maybi Izquierdo said she spent her birthday in jail last year after using her gun to defend herself at home against an aggressive male roommate.

One year later, her case in California has been dismissed, and she’s reflecting on how the Second Amendment helped protect her from violence and the unexpected.

"I think I cried," Izquierdo told Fox News Digital of her Sept. 25, 2022 arrest. "I wanted to talk to my mom. I wanted to talk to my dad … and let them know what happened."
 

NM: New Mexico governor amends order suspending right to carry firearms to focus on parks, playgrounds
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Mexico Gov. Michelle Lujan Grisham on Friday narrowed an order that broadly suspended the right to carry firearms in and around Albuquerque to apply only to public parks and playgrounds where children and their families gather.

The governor’s announcement came days after a federal judge blocked part of the order with criticism mounting over the Democratic governor’s action and legal challenges by gun-rights advocates.
 

GA: Suspect wanted in Ohio murder is shot while burglarizing a Georgia home, deputies say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A murder suspect from Ohio was shot by a homeowner while invading a residence in Georgia, deputies say.

Officials discovered Michael Brooks II, 28, was wanted for the fatal stabbing of 77-year-old Emily Foster in Columbus less than a week prior.

Brooks entered a home in Fayette County, Georgia, at around 2 a.m. Sept. 14, the Fayette County Sheriff’s Office said in a Sept. 15 news release.
 

The 25 Most Powerful Handguns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Using ballistics data compiled by outdoor gear retailer Sportsman’s Warehouse, 24/7 Wall St. identified the most powerful handguns. We ranked all 25 calibers with available data on the foot-pounds of energy delivered at 50 yards. For each caliber, we selected the bullet weight, or grain, that delivers the most force at 50 yards. This ranking does not account for variations in barrel length and is based on a limited, and not necessarily comprehensive, list of available bullet weights.
 

Taurus Judge Home Defender
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Taurus has announced its latest model of the company’s popular Judge revolver lineup: The Judge Home Defender, which the company says represents the next evolution in performance, adaptability and user-centric design.

The five-shot cylinder accepts both .45 Colt and .410-bore shells up to 3 inches, this dual caliber ability allows the user adapt seamlessly to a broad range of shooting scenarios from self-defense to sport shooting. The 13-inch barrel has been engineered to provide optimal performance from both the .45 Colt and .410.
 

CA: California Becomes First State in America to Call for Constitutional Convention on Right to Safety
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Governor Gavin Newsom’s proposal to amend the United States Constitution with a Right to Safety achieved a major milestone today as California became the first state in the nation to call for a Constitutional Convention for gun safety.

With the Assembly’s approval of Senate Joint Resolution 7 authored by Senator Aisha Wahab and Assemblymember Reggie Jones-Sawyer, California has officially requested a constitutional convention.
 

CA: Gov. Gavin Newsom Officially Calls for Convention to Change US Constitution
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California Gov. Gavin Newsom is eyeing a change to the United States Constitution.

The state’s legislature on Thursday approved a resolution in support of Newsom’s call for a 28th Constitutional amendment, according to the Los Angeles Times.

The amendment would enshrine a list of Democratic gun-control policy priorities into federal law.
 

22% of Americans think First Amendment protects gun rights, says poll released before Constitution Day
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The 2023 Annenberg Constitution Day Civics Survey asked Americans to name the specific rights guaranteed by the First Amendment. The results:

77% said freedom of speech
40% said freedom of religion
33% said the right to assembly
28% said freedom of the press
9% said the right to petition government
Twenty-two percent named the right to bear arms, which is actually protected by the Second Amendment.
 

NM: First Principles: New Mexico gun ban contradicts the Constitution
Submitted by: Mark A. Taff
Website: www.marktaff.com

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New Mexico Gov. Michelle Lujan Grisham has issued a public health order declaring gun violence a state emergency and prohibiting the open and concealed carry of firearms in Albuquerque and surrounding areas for 30 days. Not only is the policy based on faulty reasoning, but it also raises crucial constitutional issues.

Reasonable people can disagree about specific gun control policies, but the unconstitutionality of absolute prohibitions on firearms has clearly been settled by three landmark Supreme Court cases.
 

MI: Michigan attorney general and survivors advocate for more gun restrictions on domestic abusers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Addison Collatz, a student at Michigan State, broke into tears as she spoke of her late teacher and mentor, Laura Wallen, who had been pregnant and murdered by her partner. Collatz stood next to dozens of domestic violence advocates on the capitol steps on Thursday during a vigil against domestic violence.

The vigil was held just an hour before the Senate Civil Rights, Judiciary and Public Safety Committee received testimony from Attorney General Dana Nessel, victims and various experts on domestic abuse policies. Most of those testifying were joined by Nessel at the vigil.
 

NC: VP Kamala Harris talks voting rights, reproductive rights and gun violence during NC visit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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But one of the biggest issues top of mind was gun violence. Harris specifically mentioned the recent cases locally including the lockdowns at UNC, something students here on campus actually asked her about directly.

"You know you've got folks in Congress which is where the solution would be who are pushing this false choice where you're either in favor of the second amendment or you want to take everyone's gun away, look I'm in favor of the second amendment but there is no reason that there are assault weapons on the streets of a civil society," she said in response.
 

The Supreme Court Term's Biggest Matchup: DOJ vs. Fifth Circuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Biden administration will present arguments in a wide variety of cases during the U.S. Supreme Court’s upcoming October 2023 term, defending the constitutionality of agency proceedings, a major federal gun law and much more.

U.S. Solicitor General Elizabeth Prelogar and her team at the Department of Justice will face off against a wide assortment of companies, litigants and Republican states in her efforts to defend the Biden administration’s interests before a conservative Supreme Court that has handed down landmark rulings on abortion, gun rights, affirmative action and more in recent years.
 

No Great Surprise
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In politics, as well as business, timing is everything, so let’s take a look at current events and test the theory.

Last month, in something of a first, it seems like every gun prohibitionist lobbying group on the map joined together to endorse Joe Biden for re-election in 2024. This is quite possibly the biggest non-surprise in recent political history, and it tells us something important. Gun grabbers, as my pal Alan Gottlieb at the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) calls them, are dead serious about keeping their guy in the White House for another four years.
 

 QUOTES TO REMEMBER
Americans need not fear the federal government because they enjoy the advantage of being armed, which you possess over the people of almost every other nation. — James Madison.

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