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Newslinks for 11/8/2013

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Firing of Guns & Ammo editor highlights inconsistent gun owner reactions
Submitted by: David Codrea
Website: http://www.davidcodrea.com

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"Gun owners have also been forgiving (and forgetful) of another editorial 'leader,' one who abandoned them in their hour of need, one who refused to apologize, and who remains defiant and dismissive of his critics."
 

AR: Arkansas cop tasers woman who refuses to show him her breasts: lawsuit
Submitted by: Anonymous

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A cop in Arkansas allegedly tasered a woman after she refused to show him her breasts.
Ashlea Bennett alleges that uniformed Officer Brandon Carter strutted into her place of work on Dec. 13, 2011, and ordered that she give him a sneak peak of her bosom.
When she declined, he reportedly then chased her around the building before zapping her repeatedly with his electroshock gun.
Bennett, who says it was not the first time Carter had asked her the lewd question, is now suing him and the city of Haskell in federal court.
She seeks compensation and punitive damages on charges that include civil rights violations, assault, failure to train and supervise, and negligent supervision.
 

Statists as alarmed by Ronnie Barrett's large caliber beliefs as by his rifles
Submitted by: Anonymous

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Back in the spring, New Jersey Governor Chris Christie (RINO) proposed banning .50 caliber rifles as part of his plan to "curb gun violence." The fact that he could not point to any "gun violence" committed with .50 caliber rifles apparently did not concern him. His about-face veto in August of a bill that would do precisely that is a far greater indicator of his political ambitions outside of largely anti-gun New Jersey than of any Second Amendment epiphany on his part (he has clearly had none).
 

Guns & Ammo Faces a Firing Squad of Its Own Angry Readers
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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This week Guns & Ammo magazine came under intense criticism from its readers for publishing an editorial column supporting limited gun-control regulation. Now the magazine is scrambling to survive the damage.

Writing in the December issue, longtime Guns & Ammo contributor Dick Metcalf penned a column arguing that firearm regulations do not inherently amount to an infringement of the Second Amendment. ”I bring this up because way too many gun owners still believe that any regulation of the right to continue to keep and bear arms is an infringement,” he wrote (pdf). “The fact is that all constitutional rights are regulated, always have been, and need to be.”
 

GA: 'Stand Your Ground' Challenged in Georgia
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Rainbow PUSH Coalition sued Georgia's governor and attorney general, claiming the state's "Stand Your Ground" law "created a perfect storm for arbitrary killings with no recourse," and discriminates against minorities.
 

MS: Miss. Supreme Court orders new trial in death of Alcorn State student
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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White argued that before being shot, Newsom was the aggressor and had unlawfully entered White's premises, banged on White's door, and announced her intent to assault White.

The Supreme Court, in a unanimous ruling Thursday, says the trial judge erred in declining to tell jurors that it could consider White's arguments of self-defense.
 

MI: Lawyer: Shooting of Dearborn Heights teen 'justified'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A warrant request from Dearborn Heights police was returned late Wednesday by the Wayne County prosecutor seeking “further investigation” by police.

McBride was shot in the face, according to information released Thursday from a preliminary autopsy report from the Wayne County Medical Examiner’s Office. Family members had told reporters earlier they believed McBride had been shot in the back of the head.
 

Another Black Teenager Shot Dead — Is ‘Stand Your Ground’ To Blame?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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And what does it mean for a gun owner to feel threatened? Elie broached this in yesterday’s post about a new study finding a statistical correlation between racist attitudes and gun ownership. This doesn’t mean everyone with a gun is racist — that’s a dumb claim — but if a statistically high number of gun owners are racist and thus more likely to interpret anything a minority does as threatening, a law that incentivizes responding to threats with deadly force — even if the law won’t ultimately protect them in a given case — leads to more people unnecessarily dead for walking up to someone on the street.
 

PA: Lessons from the Krick’s Korner Robbery
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Alleged robbers’ family members claimed “it’s not fair” that the two were shot while exiting the store with stolen property, and then aiming their guns at the defender. They claimed the defender “took the law into his own hands and walked away scot-free.”

Within states’ self-defense laws are codes for the protection of third parties, as well as authorizing deadly force for defense when confronted with the threat of deadly force. For example, Texas Penal Code specifically states when you can use deadly force to stop a robbery (Title 2, Chapter 9, Subchapter C, Sections 9.31, 9.32, 9.42.)
 

At Guns & Ammo, the Second Amendment Comes First
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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An editor from Guns & Ammo resigned from the publication and fired the author of an editorial advocating for regulation on gun ownership after reader outcry. The two will hereafter be expressing their First Amendment rights non-professionally.
 

NC: Pro-Gun Candidate Defeats Anti-Gun Mayor of Morrisville, NC
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Tuesday, City Councilman Mark Stohlman defeated anti-gun incumbent Morrisville Mayor Jackie Holcombe.

The defeat of this anti-gun extremist marks a huge victory for Second Amendment supporters and sportsmen. Mayor-elect Mark Stohlman has pledged to defend the Second Amendment rights of responsible gun owners in Morrisville, and can be counted on to oppose efforts for increased restrictions on your Right to Keep and Bear Arms.
 

CA: California: Sunnyvale voters approve anti-gun Measure C – Residents can join the upcoming lawsuit
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The NRA California legal team at Michel & Associates is prepared to file a Second Amendment civil rights lawsuit as soon as possible to prevent portions of Measure C from taking effect. If you are a resident of Sunnyvale currently in lawful possession of a “large capacity magazine” and are interested in participating in this lawsuit, please contact Michel & Associates as soon as possible. All communication with the NRA’s attorneys will be confidential, and as a plaintiff you would not be asked to finance any part of this lawsuit.
 

FL: Florida neighborhood watch backs away from gun ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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After announcing last week that members of the Florida neighborhood watch program would not be allowed to carry firearms, Sanford Police Chief Cecil Smith decided to back off from an outright ban, the Orlando Sentinel reports.

Now instead of a no guns allowed attitude, Smith has taken a more subtle approach and decided to opt for strongly suggesting that neighborhood watch volunteers leave their guns at home instead. While the legality of such a ban was questioned, Smith claimed that he could have legally pushed the ban, but decided it was better to include, rather than exclude, those who wanted to participate in the program.
 

FL: Possible Changes For Self Defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It’s been an ongoing argument in Florida – shoot to kill or shoot to warn? The choice may allow you to walk free or spend years behind bars at a state prison.

“We don’t want laws to tell society that you shoot and kill somebody to make sure you don’t have to go to jail because a dead man can’t talk,” said Ben Crump, Trayvon Martin family attorney.
 

FL: Lawmakers vote down repeal of 'stand your ground'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Florida lawmakers late Thursday voted down a bill to repeal the "stand your ground" law linked to the shooting death of teenager Trayvon Martin.

The 11-2 vote in the House Criminal Justice Subcommittee likely kills any repeal effort in the Legislature this year. But a separate Senate measure still pending could revise the self-defense law first passed in 2005.
 

Kahr introducing new ‘value’ full-size handguns
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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While Kahr is generally associate with small handguns for concealed-carry and are widely used by law enforcement as backup guns, the company does make full-size handguns as well, their TP series.

Full size by Kahr standards, anyway. The TP series are single-stack pistols 4-inch barrels; if they weren’t Kahr pistols they’d be somewhere between a compact pistol and a sub-compact.
 

OR: Man with CCW permit guilty in shooting
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Sixty-seven-year-old Jerry Thomas Harryman faces a prison term of nearly six years when he is sentenced next week in Clackamas County Circuit Court.

The Oregonian reports Harryman had a license to legally carry a concealed handgun. He says the other man was the aggressor in a fight that broke out in August 2012 in a crowded checkout line. During the struggle, Harryman pulled out his gun and shot him in the leg.

Harryman's lawyer said he was defending himself.

Prosecutor Bryan Brock says the use of deadly force was unreasonable and unjustified for the threat Harryman faced.
 

AK: Municipality plans Stand Your Ground town hall
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Anchorage residents concerned about Alaska's new Stand Your Ground law will have a chance to ask questions at a town hall meeting Thursday night.
The Anchorage Police Department's Community Police Relations Task Force and the Anchorage Equal Rights Commission are hosting the community forum. Panelists include representatives from the University of Alaska Justice Center, APD and the National Association for the Advancement of Colored People.
 

FL: Marissa Alexander bond set in disputed shooting incident
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A Florida woman getting a new trial after a court overturned her 20-year prison sentence for firing what she called a warning shot at her husband will not be released from jail, angering dozens of people who rallied for her Oct. 31.
 

PA: Anti-Gun Mayor of Butler, PA Defeated by Pro-Gun Candidate Tom Donaldson
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Tuesday, Tom Donaldson won the Butler mayoral race by earning 66% of the popular vote and handedly defeating anti-gun incumbent Mayor Margaret D. Stock.

The defeat of this anti-gun extremist marks a huge victory for Second Amendment supporters and sportsmen.
 

FL: Legislators vote down stand your ground repeal
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A panel of Florida legislators on Thursday easily defeated an effort to repeal the state's controversial "stand your ground law" Thursday following hours of passionate testimony.

The vote by a committee of the Republican-controlled House, which seemed unlikely just a few months ago, comes after the trial of George Zimmerman renewed scrutiny of the self-defense law that was first passed in 2005.
 

NY: New York State Exposed: Pushing to get SAFE Act repealed
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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All day we have been showing you the real impact that the New York SAFE Act has on our area. The law was passed back in January.
Governor Cuomo says it gives New York the toughest gun laws in the country. He says it's about safety, others say it is unconstitutional.
I spoke to New York Revolution, an organization dedicated to protecting your rights. They are not opposed to stopping gun violence, but they say the SAFE Act isn't the way to do it.
New York Revolution and gun owners across the state say the SAFE Act is making law abiding citizens into criminals.
 

The Bungling Kingmaker
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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If they didn’t “understand that” then, one presumes they do now. On Tuesday, anti-gun candidates that Bloomberg backed lost mayoral races in North Carolina, Florida, and Pennsylvania — all to pro–Second Amendment challengers. In Virginia, meanwhile, Bloomberg’s Super PAC shoved a million dollars into a series of television ads against attorney-general candidate Mark Obenshain. The spots focused specifically on the issues dear to Bloomberg: abortion rights and gun control. Obenshain’s opposition to abortion, his steadfast objection to background checks on private sales, and his vote to repeal the state’s defunct one-gun-a-month law all came under fire in the Bloomberg-funded ads. And yet Obenshain appears to have won anyway.
 

FL: Lawmakers to reexamine the controversial law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Dream Defenders are calling for removal of the “no duty to retreat” provision of the law.

“(We) believe if there is an opportunity for retreat, there should be a duty to retreat as well, because the ‘no duty to retreat’ (provision) promotes violence and reckless behavior,” said Woodjerry Louis, a student at the University of Florida.

But National Rifle Association lobbyist Marion Hammer said her group would never agree to remove that language from the law.

“One of the primary purposes of passing the Castle Doctrine-’stand your ground’ law in 2005 was to remove the duty to retreat, because forcing a law-abiding citizen to defer to a criminal and give preference to a criminal over a victim is just wrong,” Hammer said.
 

Concealed Carry: What about +P ammo?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The idea behind the +P is to add enough energy to reliably deliver an expanded bullet deep enough to do its job. It doesn’t have to be a lot of extra energy – it just has to be enough. Here’s what you need to know.

What About +P Ammo?
 

 QUOTES TO REMEMBER
"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004)

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