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Newslinks for 4/22/2021

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PA: Bail jumps to $250K for ex-cop with 122 child molestation charges
Submitted by: jac

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James Carey, 53, a former Warminster Township police officer � and later a school bus driver � was charged earlier this month with sexually abusing at least four teenage boys on several occasions dating back to 2001, CBS affiliate KYW-TV reported Tuesday.

But Carey was hauled back into court on new allegations, with a Bucks County judge calling his current bail "woefully inadequate."
 

NC: NC man dies after being shot in self-defense by grandfather, police say
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A man who broke into his grandfather�s home and was shot last week has died from his injuries.

Jessie DeWayne Gibson, 34, died Tuesday night at Carolinas Medical Center in Charlotte, says a news release from police in Long View, a town west of Hickory in Catawba and Burke counties.

His grandfather, George William Gibson Sr., 76, is hospitalized in stable condition in Hickory after his grandson assaulted him, police said.
 

VA: Virginia city fires police lieutenant over donation to Kyle Rittenhouse defense fund
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Virginia city of Norfolk has fired a police lieutenant after news reports that said he donated to and expressed support for Kyle Rittenhouse, the teenager accused of killing two people during a police brutality protest in Wisconsin last summer.

City officials announced Tuesday that police Lt. William Kelly had been �relieved of duty� after an internal investigation.
 

OH: Ohio's new 'stand your ground' law: Everything you need to know
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The new law can be explained like this: In the past, if someone shot in self-defense, the burden was on the shooter to prove that's why they did it. With a "stand your ground" law, the burden shifts to the prosecutor to prove the shooting was not justified.

In addition to making prosecutors prove a claim of self-defense may not be justified, the measure would also eliminate the call for gun owners with concealed carry permits to try to retreat from a threat before opening fire.
 

TX: El Paso Bishop, gun store weigh in on Texas 'constitutional carry' bill debate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A bill currently making its way through the Texas legislature would allow Texans 21 years and older to carry handguns without a permit.

The current law requires Texans to complete a training class, a shooting class, take an exam, and pay an application fee, but if this bill becomes a law, those extra steps would all be eliminated.

At Sportsman�s Elite, an El Paso gun store, customers have been asking all week about the �constitutional carry� bill.

...

The bill is currently waiting for a vote in the state senate after passing in the Texas house last week.
 

AL: Father found not guilty for role in 2019 gun battle during child custody swap on Causeway
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A father accused of attempted murder during a shootout at a child custody swap on the Causeway in 2019 was found not guilty Wednesday.

A jury acquitted 29-year-old Genesis Banks, saying he acted in self defense.
 

WY: Powell Company Under Fire for "Rifle for a Roof" Promotion
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Since announcing this offer, it�s taken on a life of its own online. Wiggins Construction�s Facebook page has become the latest forum of public discourse, as numerous people are openly sparing over the offer, the 2nd Amendment, and national gun violence.

According to the Powell Tribune, irate people from Illinois, California, and New Hampshire have called the company. They�re accusing the company�s employees of being �baby killers� and demanding they stop the AR-15 offer.
 

IN: The need for more gun control
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Within the last month, there have been 45 reported mass shootings and 147 mass shootings since the beginning of 2021; that is more than one mass shooting per day.

In 2020, there were 610 recorded mass shootings, and many speculate this number would be higher if it were not for quarantine.

How many deaths will be enough for gun control?
 

NY: Uncomfortable Timing for a Supreme Court Gun Fight
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Once again, the country is awash in gun violence. And once again, the justices have to decide whether to inject the Supreme Court into the middle of the gun debate. Will the first of those two sentences inform the second?

That�s really the question now, it seems to me. There is little doubt that the necessary four votes exist to add a Second Amendment case to the docket for decision, and there are plenty of candidates to choose from. One case under active consideration challenges New York State�s restriction on carrying a concealed gun outside the home. The justices have taken it up at their private conference twice this month and are scheduled to do so again on Friday.
 

MO: Commission Enacts Second Amendment Preservation Act
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In an act of Second Amendment solidarity, The McDonald County Commission enacted the Second Amendment Preservation Act on March 24, designating McDonald County as a "sanctuary county."

The act acknowledges the County Commission and the Sheriff's shared support of the Second Amendment of the United States Constitution and of the Missouri Constitution, which protects individual, inalienable rights of the people to keep and bear arms.
 

MO: Armed St. Louis Man Who Confronted Gate-Crashing Protesters May Run for Senate
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Missouri man who earned attention last year for brandishing an assault rifle at Black Lives Matter protestors is considering a run for the U.S. Senate.

Mark McCloskey, a wealthy personal-injury lawyer, would be running for the seat to be vacated by the retirement of Sen. Roy Blunt, R-Mo., Politico reported.

�I can confirm that it�s a consideration, yes,� McCloskey said in a brief interview on Tuesday.

In June 2020, McCloskey and his wife, Patricia, stood barefoot as they waved guns at protesters who marched past their home on the way to the residence of then-St. Louis Mayor Lyda Krewson, D.
 

Why I�m now in favor of abolishing the police
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The KKK would be proud. Their version of street justice and terrorizing jurors with threats worked splendidly in the Chauvin trial. Now that we only have mob rule, why even have police, who can only be used against We the People but not to defend us?

The standard of evidence in our post-constitutional mob rule is not "guilty beyond a reasonable doubt," but ensuring that Black Lives Matter doesn't come to the juror's house and lynch his family. That is essentially the message to America. If the political system, the media, and the street mobs want a conviction, they will get a conviction regardless of the evidence. However, this will reverberate far beyond the defendant himself.
 

NE: Commissioners discuss Second Amendment declaration
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The York County Commissioners held a discussion this week as to whether or not York County should pass a resolution/declaration in support of the Second Amendment and the right to bear arms.

Seventy-seven of the state�s 93 counties and now the state have been declared Second Amendment Sanctuary Counties (or have at least discussed the theory with intentions to likely pass very soon).

Last week, Governor Pete Ricketts announced he signed a proclamation designating the state as a Second Amendment Sanctuary State. His office explained �the proclamation is symbolic and reaffirms Nebraska�s support for the right to bear arms.�
 

OK: Second Amendment Sanctuary State Act Heads to Stitt
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A bill creating the "Second Amendment Sanctuary State Act" passed the Oklahoma House of Representatives on Tuesday.

Senate Bill 631, authored by Rep. Sean Roberts, a Republican of Hominy, states that any federal, state, county or municipal act, law, executive order, administrative order, court order, rule, policy or regulation ordering the buy-back, confiscation or surrender of firearms, firearm accessories or ammunition from law-abiding citizens of this state shall be considered an infringement on the rights of citizens to keep and bear arms as guaranteed by the Second Amendment of the Constitution of the United States and Article II, Section 26 of the Constitution of Oklahoma.
 

OK: Oklahoma Passes Second Amendment Sanctuary State Act
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Oklahoma House of Representatives just passed Senate Bill (SB 631) the "Second Amendment Sanctuary Act" yesterday afternoon (04-20-21). Across the country more and more states are introducing legislation to uphold the 2nd Amendment and refuse any additional gun control measures from Federal, state, county and even local governments. This would mean that the state of Oklahoma wouldn't adhere to, or enforce, any new gun control measures such as bans, buy backs, capacity limits or other restrictions that may be introduced in the future. This would include both legislation as well as executive orders.
 

AL: Southside police to offer self-defense, firearms safety instruction for women Saturday
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Southside Police Department on Saturday will offer another self-defense and firearms safety class for women, with additional training suggested in previous classes, according to Chief Blake Ragsdale.

The department offered a well-received class April 10, the chief said, and the class at 8 a.m. Saturday at the Southside Community Center will follow the same format. The Southside Fire Department and Southside public defender Morgan Cunningham helped with instruction.
 

MD: How can people toting guns be well-regulated?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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As the United States moves through time, one constant appears to be generally strong support enjoyed by the principle of Second Amendment rights. Another regular parallel feature has been the daily inordinate barrage of citizens who suffer gun deaths due to mass killings plus epidemic individual homicides and suicides. These reports are chilling.
 

Biden-Harris Gun Violence �Fact Sheet� Comes Up Short on Facts
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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�Biden-Harris Administration Announces Initial Actions to Address the Gun Violence Public Health Epidemic,� declared a recent White House �fact sheet.� One of the actions will be to stop the proliferation of �ghost guns,� but the fact sheet includes few facts about these mysterious weapons.

This is just one example of what�s missing from the announcement.
 

WA: Washington Legislature Approves Ban of Open Carry of Guns at Demonstrations, State Capitol
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gun-rights demonstrations and other protests at the Capitol have long drawn large crowds of individuals, many of whom sport handguns on their hips or semiautomatic rifles slung over their shoulders.

But the open carry of firearms, long a symbolic form of expression in Washington, will be banned at permitted protests and at the state Capitol under a bill passed by the Legislature.

Senate lawmakers Tuesday gave final approval to Senate Bill 5038, which comes after last year's heated political clashes that culminated in shootings on two different days near the Capitol campus in December.

The bill, which heads to Gov. Jay Inslee for his signature, passed the Democratic-controlled Senate on Tuesday on a party-line vote, 28-21.
 

Justices wrestle with procedural issues stemming from their own federal criminal-law decision
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In Rehaif, the court upset precedent nationwide by holding that 18 U.S.C. � 922(g), the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are �felons� within the meaning of that law. Although Rehaif does not apply to anyone whose Section 922(g) conviction had run the full course of appeals as of June 21, 2019, when the decision was handed down, it does apply to those whose appeals were still pending on that date.
 

Sovereign immunity, legislative censure and another habeas question
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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New York State Rifle & Pistol Association, Inc. v. Corlett, 20-843
Issue: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.
(relisted after the March 26, April 1 and April 16 conferences)
 

SC: Home Invasion Leaves Homeowner Wounded, Juvenile Suspect Shot in Head
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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As a South Carolina man and his son were leaving for work they found a man at their door asking directions. As their attention was on the man at the door, a second armed man came around a corner and ordered them back into the home.

As the dad and one of the suspects struggled, he was shot in the leg but the son was able to access a shotgun and shoot the juvenile suspect in the head. That suspect eventually died in a Charlotte hospital.
 

 QUOTES TO REMEMBER
The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now. � SOUTH CAROLINA v. US, 199 U.S. 437, 448 (1905)

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