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Newslinks for 7/22/2022

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AR: CFSD adopts self defense policy; drops zero tolereance guidelines
Submitted by: Mark A. Taff
Website: www.marktaff.com

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One of the biggest changes going into the school year was the removal of zero tolerance for fighting. The new proposal for addresses that students have the right to defend themselves if they have no other option to avoid confrontation.

The new proposal included in the updated guidelines of the elementary, middle school and high school states, "a student has the right to defend him/herself without being suspended, provided the student is the target of a physical attack that he/she did not provoke and provided that the student used every means possible to avoid a conflict. The principal or their designee shall make the final determination on the claim of defense and if it falls within the scope of the CFSD Student Handbook."
 

OH: Shifting Burden of Proof of Self-Defense to Prosecution Applies to All Future Trials
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A change in state law shifting the burden of proof to the prosecution when self-defense is claimed by a criminal defendant applies to all trials beginning after March 28, 2019, even when the alleged offenses occurred before the law’s effective date, the Supreme Court of Ohio ruled today.

The Supreme Court unanimously reversed two lower court decisions that a Richland County woman, Ladasia Brooks, had the burden to prove her claim of self-defense. She was charged for several crimes related to a 2018 altercation with her ex-boyfriend that caused him serious injury. The Court was divided 4-3, however, on the reasoning for its holding.
 

AZ: Phoenix security guard shoots man in self-defense, police say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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An investigation is underway after police say a security guard shot a man in self-defense at a Phoenix 7-Eleven.

Phoenix Police say the shooting happened near 27th Avenue and Indian School Road.

"The security guard shot the individual who was taken to a local hospital with non-life-threatening injuries," Sgt. Brian Bower said in a statement on July 21. "The individual shot will be arrested pending medical release."
 

Atlanta woman shoots man in self-defense during assault, police say
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Police officers in Atlanta are trying to determine whether a woman will face charges for shooting a man overnight.

Officials say the shooting happened shortly after 2 a.m. at an apartment complex near the 200 block of Greenhaven Drive SE.

Investigators tell FOX 5 right now they believe the woman shot the man in self-defense while he was assaulting her.
 

MA: General Court to Vote on Permit Overhaul
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The General Court is expected to hold a vote on Amendment 13 to House Bill 5046, which overhauls the Commonwealth’s license to carry. This action is being taken in response to the historic ruling by the U.S. Supreme Court in New York State Rifle & Pistol Assoc. v. Bruen, on June 23. That ruling struck down as unconstitutional, the handgun permitting process used by New York State that, like Massachusetts’ law, is based on a “may issue” approach. The Court held that “New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”
 

NY: New York Governor Kathy Hochul Doesn’t Care What Supreme Court Says
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Not content simply to say New York won’t comply with Bruen, the New York Governor’s response to Bruen points to open revolt with the U.S. Supreme Court and the U.S. Constitution.

On June 23, 2022, the U.S. Supreme Court officially released its decision in the Bruen case. On that same date, a Press Release appeared on New York Governor Kathy Hochul’s website. It says much about her position on civilian citizens possession of handguns in public and what she thinks about the Court and its decision in Bruen. It reads as follows:
 

IN: First Victim and Armed Samaritan were both Armed in Greenwood Park Mall
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The first victim killed in the mass murder at the Greenwood Park Mall was Victor Gomez, a well thought of husband, father, and craftsman.

The story was reported by Vic Ryckaert of WRTV. Vic was able to obtain the exclusive information by talking with Greenwood Police Chief Ison as they walked to Ison’s vehicle.

Chief Ison revealed Victor Gomez was found to have a handgun on his person as investigators processed the crime scene.

Chief Ison said Gomez was not able to access the handgun in self-defense, as he was shot too quickly to draw his firearm.
 

CA: LAPD Stops Enforcing California’s ‘High-Capacity’ Magazine Ban
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The Los Angeles Police Department has stopped enforcing California’s state law banning “high-capacity” magazines, according to an internal LAPD email obtained by the Second Amendment Foundation’s Investigative Journalism Project.

The email was sent Wednesday morning to all LAPD personnel by Commander Ernest Eskridge, assistant commanding officer of the department’s Detective Bureau.
 

Commonly Owned: Over 24 Million AR15 & AK Rifles In Circulation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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National Shooting Sports Foundation, the firearm industry trade association, updated the industry estimate of Modern Sporting Rifles (MSRs) in circulation in the United States to 24,446,000 since 1990.

That is an increase of over 4.5 million rifles since the last estimate was released in 2020.

The estimate is derived from NSSF research, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Annual Firearms Manufacturing and Exportation Report (AFMER) and U.S. International Trade Commission (U.S. ITC) data, in cooperation with manufacturers, importers and exporters of MSRs, or AR-15 and AK-style rifles.
 

Gun experts blast media for whitewashing ‘good guy’ with a gun: ‘Motivated armed citizenry is critical’
Submitted by: Mark A. Taff
Website: www.marktaff.com

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As liberal media continues desperately and futilely to convince the nation there’s no such thing as a good guy with a gun, one firearms group told Fox News that responsibly armed citizens are “critical’ in mitigating loss of life when sociopaths and misanthropes set out to kill innocent people.

Douglas Jefferson, the senior vice president for the National African American Gun Association told the outlet, “Dealing with an active shooter is dangerous under any circumstances. Because of this, we believe law-abiding citizens should have the right to carry firearms for protection as well as have the option to use said firearms to counter active shooters since law enforcement cannot be everywhere at once.”
 

U.S. House panel advances assault weapons ban on party-line vote
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The U.S. House Judiciary Committee late Wednesday passed legislation that would ban certain semi-automatic weapons, in a renewed push to ban the guns most commonly used in recent mass shootings.

The party-line 25-18 vote followed recent mass shootings in which AR-15 style rifles were used — in Uvalde, Texas, where 19 children and two teachers were murdered, and Buffalo, New York, where 10 people were killed.

The chair of the committee, Jerry Nadler, said that the more than 100-page bill that would place a ban on assault weapons, H.R. 1808, is nothing new and Congress passed a 10-year ban on assault weapons in 1994.
 

First Time Gun Ownership Continues To Soar
Submitted by: Mark A. Taff
Website: www.marktaff.com

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According to The National Shooting Sports Foundation (NSSF) nearly 30%, or 5.4 million of the 18.5 million firearms purchased in the United States in 2021, went to first time gun owners. This number is down slightly from 2020’s record breaking gun sales numbers that saw 40%, or 8.4 million of the 21 million total firearms sold, going to first timers. Retailers report that 23% of customers who bought their first gun in 2020 returned to purchase another in 2021, and that nearly half of first time buyers inquired about professional firearms training, meaning many first time buyers quickly became enthusiasts who are serious about gun safety and self-defense.
 

CA: Newsom signs several laws to tighten California gun regulation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gov. Gavin Newsom's office announced Thursday that the governor signed into law a slew of gun violence prevention laws aimed at school campus safety, accessibility and regulation of sales.

“California has the toughest gun safety laws in the nation, but none of us can afford to be complacent in tackling the gun violence crisis ravaging our country,” Newsom said in a release. “These new measures will help keep children safe at school, keep guns out of the hands of dangerous people and responsibly regulate the sale of firearms in our communities. California will continue to lead on lifesaving polices [sic] that provide a model for action by other states and the nation.”
 

Training: Your Primary Survival Tool
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Trainers who conduct emergency, disaster or self-defense courses all preach, “Practice Makes Perfect!” Practice is the follow-through of any training course. As instructors, we hope that when our students find themselves in a stressful emergency situation they will revert to their training.
 

Supreme Court's decisions correct
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Roe attempted to create a federally protected abortion right. The court correctly determined abortion is a state’s right interest. New York tried to curtail the Second Amendment right to bear arms, alleging a citizen needs to demonstrate a right to self-protection. A constitutional right (abortion) cannot be created where it does not exist, nor can a federally guaranteed right (to bear arms) be eliminated under the veil of a state’s interest.

The author is disappointed by the “political” Supreme Court but no less disappointed than those who experienced the result of the Roe decision 50 years ago or the New York citizens deprived of the right to self-defense.
 

SC: Lawmaker Wants Gun Ban & Confiscation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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State Representative Wendell Gilliard (D-111) announced that he will pre-file legislation to ban many commonly-owned rifles, shotguns, and handguns that law-abiding citizens use for self-defense and sport, and require current owners to surrender them. While the text of the legislation is not yet available, it will likely be similar to other so-called “assault weapons” bans that demonize these firearms based on arbitrary features that do not alter how they function.
 

NY: Supreme Court justices upend life for Americans
Submitted by: Mark A. Taff
Website: www.marktaff.com

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They struck down gun laws, now allowing people to carry firearms in public for self-defense during a time of high gun violence and needless killings. (Think what if your child, spouse or parent got killed in cross-fire just because someone overreacted thinking they needed to use a gun to defend themselves, or maybe just used it as an excuse to get rid of a pain in their side, claiming self defense.) I feel like these nine folks have made our country go backward 150 years.
 

MA: Democrats move to tighten state’s gun licensing laws
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A House amendment added to a government bond bill, which was approved by a vote of 120-33, eliminates a provision of state law that allows licensing authorities to deny a someone a gun license if they can’t give a “good reason” to carry a firearm.

But the amendment, which emerged only a few hours before House lawmakers voted on it, also upholds the state’s “suitability” standard that gives local police chiefs broad discretion over issuing or denying firearm licenses, while tightening rules on who should be prohibited from getting a gun license.
 

House Democrats advance assault weapons ban after mass shootings
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Democrats pushed further this week on efforts to combat gun violence, as a House committee advanced a ban on assault weapons and President Joe Biden planned more executive actions to fight crime.

Following the passage of a rare bipartisan bill to address gun violence last month, Democrats in control of both chambers of Congress and the White House have kept pressing the issue amid a wave of mass shootings across the country, particularly in the wake of a July Fourth shooter who killed seven people in Highland Park, Ill.
 

AMAC Opposes “Assault Weapons” Ban Legislation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Considering that the Second Amendment does not contemplate that the right to keep and bear arms should be restricted for any type of “arms” at all, including “assault weapons,” which this bill broadly defines as any firearm having a semi-automatic capability. Moreover, this legislation is simply an infringement on a lawful and mentally competent citizen’s Second Amendment right to keep and bear arms. In this connection, the bill’s grandfathering current owners of such firearms is simply a hollow gesture, since firearms are eventually at some point in time transferred to a decedent’s survivors, gifted, or sold, thereby triggering the bill’s broad ban.
 

CA: Will California’s gun laws survive the Supreme Court?
Submitted by: Mark A. Taff
Website: www.marktaff.com

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California’s requirement requiring proper cause for people to obtain a concealed weapons permit might not be the last of the Golden State’s gun laws rendered unenforceable by a United States Supreme Court with an expansive view of the Second Amendment, one legal expert says.

Adam Winkler, a constitutional law professor at the University of California Los Angeles School of Law and the author of “Gunfight: The Battle over the Right to Bear Arms in America,” told Nexstar’s KRON that the court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen to overturn that state’s proper cause requirement “clearly affected California in a couple of ways.”
 

DE: Firearm Groups Aim to Halt Delaware Ban, Saying Guns Were 'Randomly Chosen,' 'Mislabeled' by Lawmakers
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Several Delaware gun rights organizations challenged the state’s recently passed law banning assault rifles in federal court Wednesday, arguing the law wrongly criminalizes constitutionally protected rights.

Lewis Brisbois Bisgaard & Smith managing partner Francis Pileggi filed the complaint in the District of Delaware, claiming the law signed by Gov. John Carney on June 30 oversteps both the state and federal constitutions by classifying certain semi-automatic firearms as assault rifles, making their possession or sale a felony.
 

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