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Newslinks for 12/3/2022

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Executive Action
Submitted by: Mark A. Taff
Website: www.marktaff.com

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For the first time in several years, the Second Amendment Foundation has an executive director — 36-year-old attorney Adam Kraut of Pennsylvania, a self-confessed “gun guy” with a passion for shooting and fighting for the rights of shooters.

Stepping in to take some of the load off SAF founder and Executive Vice President Alan Gottlieb at a time the foundation is beginning to expand its activities and its footprint in the litigation arena, Kraut spent a few minutes in a telephone conversation with Insider Online. A Keystone State native, he officially came aboard early in November and has spent the past few weeks getting his feet on the ground.
 

Let’s challenge what gun ownership means.
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Participants in the conference said the progress against gun violence should start with steps that most gun owners would support:

• Add convictions for violent misdemeanors such as assault, stalking and violent threats to convictions that bar gun ownership and possession.

• Pass red flag laws, such as New York's, that would allow courts to order the removal of guns from people considered a danger to themselves or others.

• Require a permit to purchase a gun (only 11 states do) and make federal and state background checks part of the gun permitting process.
 

Kimber KHX Ultra 9 mm 1911 Pistol in a DeSantis Holster
Submitted by: Mark A. Taff
Website: www.marktaff.com

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For those that either don’t care for striker-fired pistols or simply prefer the lighter trigger of a single-action 1911, Kimber’s Ultra size 1911s might be something to consider. With a 6.8-inch overall length, 3-inch barrel, 4.75-inch height and 25-ounce weight, it’s not significantly larger than the current crop of striker-fired, micro-9 mm double-stack handguns. Capacity of the KHX Ultra is 8+1 rounds, only two or three less than the group, too (although most of the double-stack offerings have extended magazines available).
 

FL: On America’s gun violence, it’s time to stop asking why and start asking who
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Absorb enough of these knucklehead shootings and the idea that a search for motive might yield any insight of value begins to feel silly, little more than intellectual busywork that gives the mind something to do, some illusion of control. And never mind that whatever the motive is, whether it was that the french fries were cold or the shooter hated black people, it will never come close to explaining, much less justifying the carnage. It will never tell us why. So maybe it is time to stop asking, time to start interrogating the “who” and not the “why.”
 

Blue states are undermining the judicial theocracy being imposed by the Supreme Court
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Newsom admitted this would be challenged in court, but he counted on it: “Because if there's any principle left whatsoever—and that's an open-ended question with this Supreme Court—there is no way they can deny us the right to move in this direction." Newsom signed the bill into law at Santa Monica College, which was the site of a mass shooting spree. As he had hoped, the law was indeed challenged last September by several gun groups.

Speaking of guns, New York has taken its own shot at SCOTUS. In the midst of our current mass shooting pandemic, Justice Clarence Thomas wrote the decision that rendered almost all gun control laws in America presumptively unconstitutional.
 

GA: Three Shot, One Killed During Home Invasion
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On November 25, a little after 5 p.m., four people attempted to break into a home at 2771 Gresham Road in Dekalb County, Georgia.

According to police, there were several people inside the home. At least one of them responded to the break-in with gunfire. When the police arrived, they found Taneaious McCune, 18 with a gunshot wound which, despite the efforts of first responders and hospital staff, was fatal. Jaxqueze Greier 23 suffered a gunshot wound and was critically injured, but survived.
 

FL: State attorney's office declines to charge man who fatally shot neighbor
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A man who fatally shot his neighbor who sprayed him in the face with insect spray acted in self-defense and will not face criminal charges, the State Attorney's Office recently decided.

State prosecutors declined to file charges against Michael Roberts, 63, who shot and killed his neighbor Andrew Karacsonyi, 65, in front of his Stuart home in January.

Roberts said he shot Karacsonyi after he was sprayed in the face with wasp spray.
 

CA: Dublin police identify man killed in apparent self-defense shooting
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Dublin Police Services has named Kenneth Krainski, 38, as the decedent in a domestic disturbance in Dublin last month that escalated into his shooting death, with police continuing to believe that the shooting was in self-defense.

Police described the Nov. 20 altercation at SoFi apartments in Dublin as resulting from a domestic dispute involving a woman and her estranged husband -- now identified as Krainski -- that resulted in a second man shooting and killing Krainski in what Dublin police believed to be self defense, based on the initial investigation findings and eyewitness testimony.
 

ID: A Boise man was charged with murder. Now police say gunshot may have been self-defense
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Boise Police Department and the Ada County Prosecutor’s Office dropped a murder charge against a 26-year-old Boise man and now believe the homicide may have been self-defense, according to a news release from Boise police.

Zackary Gordan was arrested in October and charged with the second-degree murder of 32-year-old Robert Nicholas, who showed up to the Saint Alphonsus Regional Medical Center in Boise with a gunshot wound, according to police and the Ada County Coroner’s Office. The Meridian man died early on Oct. 20 from a gunshot wound to the chest, the coroner’s report said.
 

OR: Sides tangle over magazine capacity in Measure 114 court hearing
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge in Portland on Friday heard the first arguments in a series of legal challenges to Measure 114.

The voter-approved ballot measure limits magazine capacity and requires permits to purchase firearms. It takes effect next Thursday, Dec. 8.

Voters passed Measure 114 by a slim margin, by about 25,000 votes.

Several sheriffs said they won’t enforce it, and other groups said it’s unconstitutional.

The judge heard arguments on whether to put a temporary hold on the measure. She said she’ll need to review case law first and promised a decision by Monday or Tuesday at the latest.
 

Daniel Defense CEO Issues Statement on Uvalde Shooting Lawsuits
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The lawsuits name numerous defendants, including officers, agencies, the school district, the store that sold the rifle to the shooter, and Daniel Defense. One of the lawsuits involves a legal team from Everytown for Gun Safety, which is funded by former New York City Mayor Daniel Bloomberg.

Daniel Defense CEO Marty Daniel has responded to the lawsuits on LinkedIn. His statement reads:
 

CA: Wendy Howard faces retrial following court hearing Friday
Submitted by: Mark A. Taff
Website: www.marktaff.com

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In October, the jury found her not guilty on a count of first-degree murder, second-degree murder, voluntary self-defense, and involuntary manslaughter. However, the jury remained split by 7 to 5 on the charge of manslaughter by the heat of passion. That charge would apply to someone who was in an uncontrollable rage when they killed someone else, especially if that person provoked them.

Friday in court the District Attorney's Office decided to retry Howard on that count.

Howard shot and killed her ex-boyfriend Kelly Rees Pitts in Tehachapi back in 2019. Howard had found out that Pitts had sexually abused her two daughters not long before the shooting.
 

NY: Judge: Upper West Side nurse Tracy McCarter won't be prosecuted on murder charges
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Upper West Side nurse Tracy McCarter will not be prosecuted on murder charges, a judge decided Friday.

McCarter, 47, was charged with murder after the death of her estranged husband, James Murray, back in 2020. McCarter says she's a domestic abuse survivor and it was self-defense.

Manhattan District Attorney Alvin Bragg said he wouldn't prosecute her and asked for the murder indictment to be dismissed, something Murray's family was against.

The judge wrote Friday, "The court finds no compelling reason to dismiss the indictment but for the District Attorney's unwillingness to proceed."
 

OR: ‘Blatantly unconstitutional’: Strict gun control law faces new NRA-backed legal challenge
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Two former Oregon lawmakers, a sporting goods store, the National Shooting Sports Foundation (NSSF) and the Oregon State Shooting Association — the NRA’s state affiliate — filed the lawsuit Thursday, arguing the voter-approved Measure 114 places “severe and unprecedented burdens” on those seeking to exercise their Second Amendment rights.

“Oregon’s Measure 114 is blatantly unconstitutional,” Lawrence G. Keane, NSSF’s senior vice president and general counsel, said in a statement provided to Fox News. “The right to keep and bear arms begins with the ability of law-abiding citizens to be able to obtain a firearm through a lawful purchase at a firearm retailer.”
 

CA: California Unable to Avoid Gun Fee-Shifting Lawsuit, Judge Rules
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California must continue to defend the state’s bounty bill that allows it to seek attorneys’ fees from parties that challenge firearms legislation inspired by similar Texas legislation on abortion, a federal judge ruled.

Judge Roger T. Benitez of the US District Court for the Southern District of California rejected California’s arguments of mootness of the lawsuit firearms dealers, lawyers, and gun rights advocates filed in September. The law in question includes a one-way fee-shifting penalty in the government’s favor that applies solely to litigation challenging state and local firearm regulations, the lawsuit said.
 

WA: Abuse of guns and words could cost Americans both
Submitted by: Mark A. Taff
Website: www.marktaff.com

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So how does this endanger the Second Amendment? Very simplly. As gun violence continues unabated, and as election deniers proliferate, so the calls to eliminate all guns are growing louder. Those of us who want a “well-regulated militia” to protect us, and more laws plus strict enforcement to get get guns out of the hands of the untrained and mentally unstable will soon be silenced. What will be left will be a free-for-all “guns-for-all” or no guns for anyone. How can this dispute possibly end but in violence?
 

WA: Criminals Will Have Guns Whether They’re Legal or Not
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Of course, it's already reality, and you can see the left chomping at the bit to limit gun ownership even more. They've moved from automatic weapons to magazine size. Does limiting magazine size to 10 rounds make everyone more safe? Heck no. It just means that the person moving through the mall firing at everyone has to reload more often — assuming they are following the law by limiting themselves to 10 round magazines.

Has anyone on the left noticed that most mass shootings take place in "gun-free zones?” Want to make your children safer? Arm some teachers. Want to make the mall safer? Arm yourself. Want to make your home safer?
 

MD: In 2023 session, Md. lawmakers will test limits of gun rights-friendly Bruen decision
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Ten years after enacting a far-reaching gun control law, the Maryland General Assembly will consider legislation this coming session aimed again at protecting Marylanders from firearm violence but in a more challenging legal environment.

Chief among the proposals will be a bill prohibiting gun possession in “sensitive locations,” such as schools, places of worship, parks, libraries and hospitals, said Sen. William C. “Will” Smith Jr., D-Montgomery and chair of the Senate Judicial Proceedings Committee.

Sen. Jeff Waldstreicher said he wants to go even further and introduce a measure to ban gun possession within 100 feet not only of those locations but places of “public accommodation,” such as restaurants.
 

VA: We can’t cure mental illness, but we can get guns off the streets
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The answer: We have nearly 400 million guns circulating in this country. Some are available to just about anyone who wants to take others down. Yes, some of the killers are mentally ill. But though it is not within our power to eliminate mental illness from our country, it is within our power to make it as difficult as possible for both the mentally ill and other would-be killers to get their hands on those guns. To borrow a phrase from the Supreme Court in its better days, the Second Amendment is not a suicide pact. As chief executive of our commonwealth, will Mr. Youngkin help us do this?
 

OH: House OKs bill meant to help owners keep guns in emergencies
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Ohio House lawmakers have advanced a proposal meant to ensure that gun owners' lawfully held firearms and ammunition aren't seized by the government during natural disasters, public health crises or other declared emergencies.

The bill that cleared the Republican-led House on Thursday also would deem certain firearms businesses “essential” during those emergencies, temporarily extend concealed carry licenses that would expire during an emergency and keep government entities from stopping lawful hunting or fishing practices during declared emergencies.
 

OR: Permit-to-buy starts Dec. 8 unless 114 struck down, state police say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Oregon State Police will pause all pending background checks for purchasing a firearm at midnight on Wednesday when Measure 114 becomes law, state police said Friday. Unless the measure is struck down, anyone with a pending purchase will then need to apply for and obtain a Permit-to-Purchase before the sale can be completed.

Police also warned that the Firearms Instant Check System unit has been dealing with “unprecedented volumes” of firearm transactions since Nov. 8 after the measure passed in Oregon by a few thousand votes.
 

OR: Judge says she’ll decide next week whether to delay new Oregon gun law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge Friday said she will decide early next week whether or not she would block a voter-approved gun law days before it is set to take effect.

“This is a very complicated area of law,” U.S. District Judge Karin J. Immergut said, explaining she wanted to review the two sides’ arguments and the cases they referenced before making her decision, particularly given a recent Supreme Court ruling dramatically changing the standards that must be applied to gun laws. “It’s a new landscape.”
 

OR: Federal court weighs arguments on Oregon firearms measure
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge will decide early next week whether to temporarily halt a voter-approved Oregon firearms law from taking effect Dec. 8, as court challenges against it proceed.

U.S. District Judge Karin J. Immergut heard arguments Friday about Measure 114, which will limit sales of some high-capacity ammunition magazines and require safety training before purchasing a gun. The measure has attracted widespread opposition from firearms owners, as well as several rural sheriffs who say it’s unenforceable and will cut into scarce law enforcement resources due to training and administrative requirements.
 

OH: Bill to protect gun stores and firearm owners during state of emergency passes Ohio House
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A bill to protect gun stores and firearm owners during a state of emergency, something that the legislation's sponsor said hasn't been threatened, passed the Ohio House on Thursday, drawing the ire of gun safety advocates and the state's largest police union.

Senate Bill 185 would prohibit any government authority from stopping gun sales or taking firearms during a crisis. It was introduced by Rep. Tim Schaffer (R-Lancaster) and is meant to address the Second Amendment not having a pandemic or natural disaster clause.

Dozens spoke out against it, including gun safety advocates, religious leaders and police. Only four people testified in favor, including Buckeye Firearm Association’s Rob Sexton and three other gun lobbyists.
 

TX: Guns N' Roses Wants Firearm Store's TM Slashed
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Hard rock band Guns N' Roses is suing a Houston-based firearms and gun accessory store over its alleged unauthorized use of the "Guns and Roses" trademark, saying it does not want to be associated with a weapons retailer that emphasizes potentially "polarizing" political views to consumers....
 

 QUOTES TO REMEMBER
That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of The United States who are peaceable citizens from keeping their own arms... — Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, at 86-87 (Pierce & Hale, eds., Boston, 1850).

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