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PA: Athens Township man dies from gunshot wounds. Police believe it was self-defense: Update
Submitted by: Mark A. Taff
Website: www.marktaff.com

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During the course of the confrontation, Krause threw Hancock to the floor, pinned him on his back and repeatedly struck him in the face and head with closed fists, and witnesses said he then grabbed a picture frame and violently struck Hancock with it.

Arriving officers later noted Hancock had a serious head injury and was holding a blood-soaked shirt to his head while bleeding profusely down his face.

Hancock, who was licensed to carry a concealed firearm, stated he believed Kraus intended to kill him. Hancock drew a concealed handgun and shot Kraus twice, police said.
 

HI: Hawaii’s gun ban: A constitutional betrayal
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court announced Friday that it will take up a case challenging a Hawaii law that bans concealed carry almost everywhere.

In 2022, when it handed down its decision in New York State Rifle & Pistol Association v. Bruen, the court settled one of the most important constitutional questions of our time: The right to carry a firearm in public for self-defense is protected under the Second Amendment.

That should have been the end of the matter. In Hawaii, however, lawmakers responded with defiance instead of compliance with their so-called carry law (Act 52). Even if you don’t live in Hawaii, be aware that it is doing what anti-gunners in your state would love to do.
 

NJ: SAF Seeks En Banc Review in New Jersey Sensitive Places Lawsuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Attorneys representing the Second Amendment Foundation (SAF) and its partners have filed a petition for en banc review with the Third Circuit Court of Appeals in SAF’s lawsuit challenging New Jersey’s “sensitive places” firearms carry restrictions.

The case, Koons v. Attorney General of New Jersey, challenges the law New Jersey enacted in response to the 2022 landmark Supreme Court Bruen decision, which creates multiple overlapping categories of so-called “sensitive places” where even those with a concealed carry permit are prohibited from carrying a firearm.
 

CA: 'Knife Rights' group takes a stab at the Second Amendment at Ninth Circuit
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Should you be able to carry a switchblade in public? An Arizona-based knife-rights organization thinks so.

Knife Rights, Inc., argued in front of a three-judge panel of the Ninth Circuit Court of Appeals on Wednesday in its appeal to reverse a lower court ruling that upheld the state of California’s prohibition on switchblades.

Knife Rights argued in its brief that the state ban on switchblades is unconstitutional and asked that the appeals court reverse two rulings made in federal court: that switchblades are not bearable “arms” under the Second Amendment, and that switchblades are “not in common use for lawful purposes” and are considered “dangerous and unusual.”
 

FL: ‘Second Amendment auditors’ walking Florida roads with AR-15 and body armor
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A man seen walking West Florida roads in body armor and carrying an AR-15 says he is a “Second Amendment auditor,” according to investigators in the Panhandle.

The man, who is accompanied by a cameraman, was first reported near the Holmes County Jail in Bonifay, the Holmes County Sheriff’s Office said in an Oct. 7 news release.

The Second Amendment of the Constitution protects the right of U.S. citizens to keep and bear arms.

“Deputies are on scene monitoring their activity. The individuals are acting as Second Amendment auditors, whose intent appears to be to record law enforcement and provoke a response,” the sheriff’s office said.
 

SD: Sioux Falls firearm silencer company sues FedEx over broken delivery promise
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Silencer Central filed a lawsuit against FedEx Corp. and its subsidiaries on Wednesday in federal court in South Dakota, alleging the shipping giant reneged on a promise to deliver firearm suppressors directly to customers’ homes.

The Sioux Falls-based company alleges negligent misrepresentation and breach of contract, claiming FedEx aggressively courted the company throughout 2024, agreed to handle home deliveries of suppressors, then abruptly reversed course after the parties signed the contract.
 

CA: Switchblade Use for Self-Defense Doubted by Ninth Circuit Judges
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Ninth Circuit judges eyed the scope of California’s ban on certain switchblade knives in oral arguments Wednesday, questioning the extent to which common use for self-defense must factor into an analysis of Second Amendment protections.

US Court of Appeals for the Ninth Circuit judges were skeptical that switchblade knives are often used for self-defense. Judge Lucy Koh asked whether that’s relevant, suggesting the court may consider instead if arms are typically held—rather than used—for lawful purposes beyond self-defense. Still, the judges appeared receptive to arguments that the weapons are particularly dangerous.

“Why is it not true that the switchblade ...
 

NJ: NJ gun owners ask court to rehear constitutional challenge of gun-carry law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun owners who last month lost their fight to topple a 2022 state law banning guns in sensitive places are asking the full 3rd Circuit Court of Appeals to hear the case again, saying a three-judge appellate panel erred in upholding carry restrictions on “nearly every inch of public space in New Jersey.”

Attorneys representing Ronald Koons, Aaron Siegel, and other unnamed gun owners argued Wednesday that the panel’s Sept. 10 precedential split decision conflicts with a 2022 U.S. Supreme Court decision that declared gun carry a constitutional right. In a ruling known as Bruen, the nation’s top court barred states from requiring carry permit applicants to prove a need to take their gun outside their home or business.
 

FPC Statement on Reese v. ATF Judgment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Firearms Policy Coalition’s (FPC) issued the following statement on today’s final judgment in Reese v. ATF:

Today’s judgment in Reese v. ATF, issued by Federal District Court Judge Robert R. Summerhays, is legally baseless and morally bankrupt.

Rather than uphold the Constitution and binding Supreme Court precedent, the Court regurgitated the Trump Administration’s self-serving demand to wipe away the Fifth Circuit's ruling against the government's unconstitutional ban and continue denying millions of peaceable adults their right to keep and bear arms.
 

AZ: State Supreme Court reverses conviction based on self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Arizona Supreme Court ruled Oct. 7 that the right to claim self-defense extends to someone who is inside a locked bedroom of a home, even if the person trying to enter has been invited into the primary residence.

The ruling vacated the aggravated assault conviction of a Tucson man convicted in a case prosecuted by the Pima County Attorney’s office.

More importantly, it extends Arizona’s robust self-defense laws to areas previously not covered by any other state law.
 

CA: The campus community deserves to protect itself
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to California state law, anyone can purchase and use pepper spray as long as they are not a felon and it is being used as a means of self-defense.

However, El Camino College’s policy is less clear.

If someone types “can you carry pepper spray at El Camino College” into the Google search bar, the first result they see is an artificial-intelligence generated response stating that “No, you cannot carry pepper spray at El Camino College.”

It then links the user to an April 2024 article published by The Union student newspaper.
 

Our Next Debate: Would America Be Safer Without the Second Amendment?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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And we could not have found two more formidable voices to face off. Dana Loesch, a former National Rifle Association spokeswoman and host of The Dana Show, has been one of the movement’s most visible champions. Her 2014 bestseller, Hands Off My Gun: Defeating the Plot to Disarm America, made her a household name and one of the most prominent gun-rights advocates in the country.

On the other side is Alan Dershowitz, one of America’s foremost lawyers as well as a constitutional scholar and passionate advocate for gun control. To Dershowitz, the Second Amendment is “absurd”—a relic that, if he could rewrite the Constitution, he would eliminate altogether.
 

HI: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment
Submitted by: Mark A. Taff
Website: www.marktaff.com

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One case out of Hawaii, Wolford v. Lopez, is drawing particular attention, especially after the Trump administration filed a “friend of the court” brief urging the justices to take up the case, something SCOTUSblog described as relatively rare.

The case centers around Hawaii’s gun laws, specifically whether the state’s law criminalizing the carrying of a concealed handgun on private property without the owner’s explicit permission violates the Second Amendment.
 

Judgment in 18-20 Handgun Purchase Ban Severely Limits Relief
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“The practical effect of this order is almost laughable if it wasn’t so frustrating and didn’t impact the Second Amendment rights of thousands of individuals,” said SAF Executive Director Adam Kraut. “What the court has done here is say that this law is unconstitutional, but in order for an 18-year-old to avoid having their constitutional rights trounced by it today they must live in one of only three states in the nation and have been the member of SAF at age 13. And even then, they’re only covered if SAF discloses their membership to the government under duress. We’re currently examining our options in relation to the relief granted and will vigorously defend our members' right to free association and privacy of such.”
 

LA: Federal Judge Orders 2nd Amendment Orgs to Turn Over Membership Names
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A District Court Judge issued a ruling for the Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC) that covers almost no one and requires the organizations to turn over membership rolls to the federal government.

The case, Caleb Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), was filed by the two organizations on November 6, 2020, in the United States District Court for the Western District of Louisiana Lafayette Division.

Ed.: To be clear, neither SAF nor FPC intend to turn over membership lists to the government.
 

LA: Louisiana Man Shot While Trying To Set House On Fire With Someone Inside
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Livingston Parish Sheriff's Office responded to a residence in the Albany area after receiving reports of a shooting.

Deputies arrived on scene around 3 pm Tuesday, where they discovered a man who had been shot suffering from a leg wound. He was brought to a local hospital where he recieved treatment and has been confirmed to be in stable condition.

The other individual was detained for questioning, and investigators learned that the wounded individual was attempting to set a home on fire by pouring gasoline on the floor, with someone inside.
 

HI: Supreme Court takes up challenge to Hawaii conceal carry law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Trump administration asked the high court to consider the case in May, arguing the lower court ruling upholding the Hawaii ban violates the Second Amendment.

"Someone carrying a firearm for self-defense cannot run errands without fear of criminal sanction," The Trump administration wrote in a brief to the court.

Hawaii's restrictions follow a 2022 Supreme Court ruling that allowed members of conceal carry permit holders to keep and bear arms in public for self-defense.

"The structure and operation of Hawaii’s law reveal that the law serves no legitimate purpose and instead seeks only to inhibit the exercise of the right to bear arms," The Trump administration's brief reads.
 

HI: Alan Beck: The Vampire Rule Hunter Taking Hawaii to the Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Supreme Court is gearing up for a major Second Amendment showdown — and attorney Alan Beck is ready to drive a stake through the heart of Hawaii’s so-called “Vampire Rule.”

This case, Wolford v. Lopez, challenges a Hawaii law that bans lawful concealed carry on all private property by default — unless the property owner explicitly says it’s allowed. That means gun owners can’t carry anywhere open to the public, even with a permit, unless the business posts a sign or personally invites them to.

As Beck explained in his interview with Cam Edwards on Bearing Arms, this rule flips centuries of American legal tradition upside-down.
 

FL: Publix allows open carry of guns in Florida stores, company says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Publix will allow customers to openly carry guns in its Florida grocery stores.

This decision follows a state appeals court ruling that the open carry ban is unconstitutional.

A Publix spokesperson said the company will follow all federal, state and local laws.
 

OH: Last thing Ohio needs are bars full of sloppy drunks with guns. What can go wrong?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Re "Can you carry a gun in an Ohio bar while you're drinking? Supreme Court to decide," Oct. 7: I get it, when some drunk ignores the "no guns allowed" sign and starts shooting, we'd like to be able to put him down.

But what good is having more drunks shooting?

I would prefer if we're going to allow more guns in bars, that the majority of them be with sober, clearheaded, straight-shooting patrons.

Bottom line, I guess I won't be going to bars anymore.
 

CA: DOJ Accuses Los Angeles of Delaying Concealed Carry Weapon Permits
Submitted by: Mark A. Taff
Website: www.marktaff.com

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“The Los Angeles County Sheriff’s Department has systematically denied thousands of law-abiding Californians their fundamental Second Amendment right to bear arms outside the home—not through outright refusal, but through a deliberate pattern of unconscionable delay that renders this constitutional right meaningless in practice,” according to the lawsuit.

The lawsuit claims the county forces citizens to wait 281 days, over nine months, “to begin processing their applications, with some waiting as long as 1,030 days (nearly three years).”

“These delays far exceed California’s own statutory requirement that licensing authorities provide initial determinations within 90 days...
 

FL: Florida’s Largest Grocery Store Chain, Publix, Announces It Now Allows Shoppers to Open Carry Guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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"In any instance where a customer creates a threatening, erratic or dangerous shopping experience — whether they are openly carrying a firearm or not — we will engage local law enforcement to protect our customers and associates," the Publix spokesperson's statement continued.

PEOPLE has reached out to a representative for Publix.

The grocery chain is the largest in the state, with more than 900 stores, according to the Sun Sentinel. The outlet reached out to eight Publix stores in South Florida, including stores in Fort Lauderdale, Hollywood, Davie, Miramar, Boca Raton, Delray Beach, Coral Gables and Homestead, and all confirmed they are allowing open carry due to the recent DCA ruling.
 

 QUOTES TO REMEMBER
As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight. And it is in such twilight that we all must be aware of change in the air, however slight, lest we become unwitting victims of the darkness. — Justice William O. Douglas, US Supreme Court (1939-75)

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