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CA: California’s Ban on High-Capacity Magazines Violates the Second Amendment, Court Rules
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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California’s ban on high-capacity magazines violates the right to bear arms under the Second Amendment, a federal appeals court ruled on Friday.

In a split decision, a three-judge panel of the United States Court of Appeals for the Ninth Circuit gave several reasons for rejecting the state’s ban. Among them, the court said that high-capacity magazines are “protected arms” under the Second Amendment and that they are often used for legal purposes and are not considered “unusual arms” that would fall outside the scope of constitutional protection.
 

CA: Appeals court kills California’s ban on high-capacity magazines
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A panel of the 9th U.S. Circuit Court of Appeals ended California’s 2016 ban on possessing high-capacity ammunition magazines Friday in a decision that quickly spawned cheers and condemnation on opposite sides of the gun control debate.

In a majority opinion released Friday, Appellate Judge Kenneth Lee wrote that the state’s near-categorical ban of magazines with more than 10 bullets violates the constitutional right to bear arms to the extent that it “strikes at the core of the Second Amendment.”
 

S333 Thunderstruck Double Barreled 22 Magnum Revolver
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The S333 Thunderstruck by Standard Manufacturing is an 8-shot revolver chambered in 22 Magnum with two barrels that fires two rounds with each pull of the trigger. The design seemed unconventional at first, but intriguing. We reached out to the company for a sample to review.

When it comes to firearms, I have always loved the unique ones. In particular, I love multiple barreled guns whether it is a Drillings, Derringer, or even a side by side shotgun. One of my grail pieces that I will probably never find is a triple-barreled revolver made in the early 19th century that fired three volleys of three black powder loads with each pull of the trigger.
 

CA: Ninth Circuit Panel Ruling Holds California Magazine Ban Unconstitutional
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The court spent several pages of its analysis considering whether the magazines are “dangerous and unusual,” an issue argued only in the FPC/FPF brief. In addition to finding that the “large-capacity magazines” are commonly used for lawful purposes, and thus necessarily not “dangerous and unusual,” the court engaged in a historical analysis, finding that “[f]irearms with greater than ten round capacities existed even before our nation’s founding, and the common use of LCMs for self-defense is apparent in our shared national history.”
 

The most revealing poll of all: gun sales
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Well before Biden’s selection of Harris as his running mate, in the first half of 2020, gun sales have increased by 95%, (ten million guns), ammunition sales are up by 139%.

The numbers eclipse all of 2019. The highest increase is among black men and women, 58.2%.
 

CA: Ninth Circuit: Ban on Magazines with >10 Rounds Violates Second Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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I expect the state to seek en banc review, which the Ninth Circuit may well agree to conduct. Granting en banc would require, basically, a vote of the majority of the Circuit to grant en banc review, and then the case would be reheard by an 11-judge panel consisting of Chief Judge Sidney Thomas joined by 10 judges randomly drawn out of the remaining 28 Ninth Circuit judges. The Ninth Circuit right now has 16 judges appointed by Democrats (including the Chief Judge) and 13 appointed by Republicans, though of course party of appointment is an imperfect predictor of views on this question.
 

NC: 'We do notice the numbers going up' | Triad Sheriffs giving out more gun permits
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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They're selling like crazy in 2020.

No, it's not just toilet paper, hand sanitizer or face masks. The demand for guns is up which means more people are getting gun permits from Triad sheriff offices.

Rockingham County Sheriff Sam Page said concealed weapon permits are up 70% and gun purchase permits are up 115%.
 

CA: Appeals Court Tosses California Ban on High-Capacity Firearm Magazines
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A federal appeals court threw out California’s ban on high-capacity ammunition magazines Friday, upholding a San Diego federal judge’s ruling that the law was unconstitutional.

The order from the Ninth U.S. Circuit Court of Appeals held that banning magazines that hold more than 10 rounds violates the Second Amendment.
 

GA: Georgia court ponders charges for deputies in stun gun death
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Justices probed beyond the stand-your-ground issue, asking what authority deputies had to detain Martin as he walked on a road with no sidewalk.

Shawn Merzlak, attorney for the former deputies, said the deputies had no reasonable suspicion that Martin had committed any crime before they stopped him. He was simply a "suspicious person" about whom they wanted to know more.

Presiding Justice David Nahmias sharply questioned the stop.
 

CA: Huge Gun Victory in 9th Circuit Court. Send Thank You Notes to 1600 Pennsylvania Ave.
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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You can thank President Donald J. Trump for that decision Friday because it was one of his appointees who authored the majority opinion.

ABC News reports that the decision makes Gabby Gifford’s gun-grabbing group very unhappy.
 

TX: Audrey Spanko to participate in town hall on gun reform
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Democratic challenger for Sen. Bryan Hughes's Texas Senate seat will participate in a town hall on gun reform on Tuesday, Aug. 18.

The virtual event, "Women Changing the Narrative: A Discussion on Common Sense Gun Reforms [Control] in Texas," will take place from 7 to 8 p.m. It includes Carolyn Salter, candidate for Texas’ 5th Congressional District; Audrey Spanko, candidate for Texas Senate District 1; and Julie Gobble, candidate for Texas House District 6.
 

MN: Second Amendment Supporters Get A Second Chance In Minnesota
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In 2018, Second Amendment supporters failed to replace Tina Smith during a special election to fill the remainder of the term for the seat once held by Senator Al Franken. This year, they have a second chance to get it right.

As a state, Minnesota can bedevil Second Amendment supporters, especially in statewide races. Second Amendment supporters like Norm Coleman and Rod Grams won Senate seats in 2002 and 1994, but only held on for single terms – the former losing controversially to Franken in a race decided by less than 10,000 votes.
 

Ninth Circuit Must Stop the “Broadside Attack” on the Second Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Chiefly, this brief challenges the “two-step test” that has been erroneously applied to the Second Amendment in numerous cases by the Ninth Circuit and other courts.

“[T]he Ninth Circuit utilizes what is often called the ‘two-step test,’ designed by judges in other circuits, vesting broad discretion in courts to circumvent the right to keep and bear arms,” the brief states. “In the end, this Court’s two-step test is legal mumbo jumbo, an absurdly complicated framework that no one really understands, and which permits judges to ‘run roughshod over constitutionally protected rights.’”
 

NY: U.S. judge dismisses NRA lawsuit challenging gun shop closures in New York state
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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U.S. District Judge Mae D'Agostino said the NRA lacked standing to challenge on behalf of its members a March 20 executive order by Governor Andrew Cuomo requiring gun stores to close in the state because they were "non-essential" businesses.

D'Agostino, who sits in the state capital, Albany, also refused to let the NRA amend its complaint, saying it would be futile because there was no evidence its ability to conduct day-to-day advocacy for its members had been impaired.
 

IN: Indianapolis Agitators Pull Pistols to Enforce Street Blockage
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Obstruction of Traffic in Indiana is a crime.

Sec. 13 . (a) Except as provided in subsection (b), a person who, with the intent to obstruct vehicular or pedestrian traffic, obstructs vehicular or pedestrian traffic commits obstruction of traffic, a Class B misdemeanor.

When the truck attempts to avoid the illegal blockage, the agitators run to get in front of the truck, to block it. It is almost as if they want the truck to hit someone.

The traffic blockers attempt to justify their blockage with the claim the truck attempted to hit them.
 

NE: Legislature Adjourns from 2020 Legislative Session
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Nebraska Legislature has adjourned from its 2020 Legislative Session without passing any gun control legislation. Earlier this year, multiple gun control measures failed to garner enough support before their deadline and were prevented from advancing. Those defeated bills include:
 

What to Expect From a Joe Biden Supreme Court Pick
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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It's safe to assume that any Biden nominee will hold standard liberal legal views on hot-button issues like abortion and gay rights. A Biden SCOTUS pick might also be eager to eschew stare decisis in favor of overturning recent "conservative" precedents, such as the Supreme Court's Second Amendment ruling in District of Columbia v. Heller (2008) and its First Amendment ruling in Citizens United v. Federal Election Commission (2010).
 

 QUOTES TO REMEMBER
All laws which are repugnant to the Constitution are null and void. — Marbury v. Madison, 5 U.S. (2 Cranch) 137 (1803)

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