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Newslinks for 4/27/2023

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GA: How self-defense laws can allow violent racism to go unpunished
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Under standard self-defense doctrine, hair-trigger assumptions about Black boys and men that may have caused Andrew Lester to shoot 16-year-old Ralph Yarl for merely ringing his doorbell could shield Lester from criminal liability. That reflex, even if rooted in racism, might well be deemed reasonable in the eyes of the law.

This deeply disturbing legal reality highlights the limited capacity of our legal system to adequately address such incidents even if we repealed �stand your ground� laws for civilians and abolished qualified immunity for law enforcement. Even without those unjust laws, the general law of self-defense makes allowances for harboring negative racial stereotypes about Black people by excusing frightened civilians ...
 

OK: Bill protecting domestic abuse survivors who kill their abusers passes in Okla. Senate
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Oklahomans who fight back against an intimate partner who is abusing them are one step closer to being protected under new legislation.

The Oklahoma Domestic Abuse Survivorship Act was passed in the full Senate by a vote of 46-1. The bill unanimously passed the full House in March.
 

NM: New Mexico store owner shoots, kills burglar tunneling through wall
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A would-be burglar tunneling into a smoke shop was shot dead by the store's owner, who had taken to sleeping in the store to prevent break-ins, police said.

Albuquerque Police Department officers responded to a shooting call Saturday at around 4:30 a.m. and found the deceased burglar, KRQE News reported.

The owner of the store told KOB 4 News that there had been a previous break-in attempt before the store had even officially opened for business.

The owner said he was woken by a strange sound and found that the burglar had tunneled through the wall and began waving a large hammer and a chisel causing the owner to fear for his life, the outlet said.
 

IL: Greg Abbott�s pardon offer for killing of Black Lives Matter protester ignores shaky self-defense claim
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This month, a Texas jury found Army Sgt. Daniel Perry guilty of murdering Garrett Foster, a protester he encountered at a Black Lives Matter demonstration in July 2020. Less than 24 hours after that verdict, Texas Gov. Greg Abbott said he would pardon Perry if asked.

Abbott�s hasty announcement, which seemed to be driven by conservative complaints that Perry had been unjustly prosecuted for shooting Foster in self-defense, illustrates how political prejudices convert empirical questions into tests of team loyalty. That bipartisan tendency is the antithesis of what jurors are supposed to do when they are confronted by the clashing narratives of a criminal trial.
 

MN: St. Paul gun storage ordinance is met with opposition
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A newly proposed ordinance in St. Paul would require all gun owners to safely secure and store their guns and keep those guns separate from ammunition.

"There's lots of solutions and we're going for any of them," said Council President Amy Brendmoen.

City leaders say it's an attempt to reduce harmful incidents caused by unsecured guns including thefts.

In 2022 St. Paul police say 227 guns were reported stolen across the city, 104 of those were stolen from cars.
 

DC: Judge Says D.C.�s Ban On High-Capacity Gun Magazines Is Constitutional
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A federal judge ruled late last week that D.C.�s longstanding ban on high-capacity gun magazines is constitutional, saying that there�s no practical or historical reason that gun-owners in the city should need more than the 10 bullets per magazine that are currently allowed.

The decision marks the second defeat this year for gun advocates� attempts to loosen the city�s strict restrictions on gun possession in the wake of June 2022 Supreme Court ruling that raises the bar for justifying restrictions on gun ownership and possession. In January, another federal judge ruled that three D.C. residents and one Virginia resident who sued to overturn D.C.�s ban on carrying guns on Metro actually had no standing to bring their lawsuit.
 

WA: New Washington law bans sale of some semi-automatic rifles. It�s already facing a legal challenge
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The sales ban, which took effect immediately, drew a quick legal challenge from the Second Amendment Foundation, based in Bellevue, Washington; and the Firearms Policy Coalition, based in Sacramento, California. The groups sued in U.S. District Court in Tacoma on Tuesday, saying the law violates the constitutional right to keep and bear arms.

�The State of Washington has criminalized one of the most common and important means by which its citizens can exercise their fundamental right to self-defense,� the plaintiffs said.
 

OH: What we know - and don't know - about the shooting death of South Side's Kevin Smith
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Columbus police have released limited details in the shooting. Police said they received a call around 6 a.m. that night about a reported trespasser. Before officers could arrive on the scene, there was a second call that the trespasser had been shot by someone at the residence.

Responding officers arrived to find Smith dead from gunshot wounds in the home's detached garage. Afterward, police indicated that Smith was shot and killed by a homeowner.

Police have not released information about what was said on the 911 calls, which have not been released. The Dispatch has requested the 911 calls, incident report and other documents.
 

IL: Illinois gun store asks U.S. Supreme Court to block gun ban while appeal continues
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Plaintiffs in an Illinois case challenging a local and statewide gun and magazine ban are asking the U.S. Supreme Court to issue an injunction against the law while the case is on appeal.

In November, Robert Bevis and Law Weapons and other plaintiffs sued the city of Naperville, challenging the city�s gun and magazine ban. After Illinois enacted a gun and magazine ban Jan. 10, the plaintiffs amended their challenge to include the statewide ban.

A Northern District of Illinois federal judge heard the case earlier this year and in February sided with the state and city and against a preliminary injunction.
 

NV: Second Amendment clear and concise
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Bonnie Jean Feldkamp recently made some observations about the Second Amendment and AR-15 style firearms. Observations that need some clarification.

The Second Amendment is clear and concise in guaranteeing the Constitutional right of an individual to keep and bear arms. Court rulings and case law have upheld that since it was first tested. It is also clear that arms means firearms. It is not open to progressive's interpretations, and Congressional clarification of the word "arms" would make no difference as to its meaning.
 

CO: Gun legislation will undermine rights of law-abiding citizens
Submitted by: Mark A. Taff
Website: www.marktaff.com

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This legislative session, anti-gun politicians in the Colorado General Assembly have made gun control a top priority. As a responsible gun owner and school shooting survivor, I�m sorry to say that none of this year�s legislation will make anyone safer. It will only undermine the God-given rights of law-abiding citizens.

Proponents of the bill to increase the minimum age to purchase rifles from 18 to 21, which has passed both chambers of the Legislature, argue that it will prevent mass shootings. However, the median age of mass shooters is 32. Some have been as old as 72. The facts don�t justify labeling an entire demographic of adults �too dangerous� to own firearms.
 

ME: Maine legislators consider expanding adult access to guns on school grounds for school safety
Submitted by: Mark A. Taff
Website: www.marktaff.com

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With more than one mass shooting a day in America so far this year, including many in schools and on college campuses, Maine legislators are taking a closer look at improving school safety by potentially expanding adult access to guns on school grounds for self-defense.

One bill that underwent a public hearing before the Education and Cultural Affairs Committee on Wednesday, LD 52, would let teachers and other school staff be armed at school following police-style training to use their guns.
 

New For 2023: Taylor's & Co. 1875 Outlaw 9 mm
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It�s hard to beat the nostalgia of a single-action, Old West-style revolver. While activities like Cowboy Action Shooting have resulted in a proliferation of models on the market, it�s getting harder to have an affordable afternoon at the range with an old-school wheelgun. The traditional chamberings, from .45 Colt to .44-40, are tipping the scale at more than a dollar a round (even for low-velocity, lead-bullet �cowboy� loads) and during recent ammo crises, it�s even been hard at times to find these cartridges on gun shop shelves.
 

ATF director refuses to define 'assault weapon,' says it's up to Congress
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steve Dettelbach refused to define the term "assault weapon" on Wednesday, saying it was a decision for Congress.

Dettlebach testified before the House Judiciary Committee to speak about the pistol brace rule that would outlaw common stabilizing mechanisms.

Dettlebach was questioned by Democratic Texas Rep. Sheila Jackson Lee, who asked the ATF director whether he knew what an "assault weapon" was after acknowledging the recent mass shooting in Buffalo, New York.
 

Active shooter incidents decreased in 2022, but number of people shot increased: FBI
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Active shooter incidents in the United States in 2022 decreased, while the number of people shot increased, according to statistics released by the FBI on Wednesday.

The FBI, which defines an active shooter as "one or more individuals actively engaged in killing or attempting to kill people in a populated area," noted that it is not an all-encompassing gun report. Incidents related to self-defense, gang violence, drug violence, domestic disputes, hostage situations or other criminal acts were excluded, according to the bureau.
 

CA: Someone Has to Say It: Americans Should Not Have Guns
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Gun-control advocates constantly repeat a harsh fact: firearms now are the leading instrument of external death for American children and youth. From 2020 through the most recent 2023 Centers for Disease Control figures, a shocking 6,750 Americans under age 18 died from gunfire, more than from traffic crashes and other non-natural causes.

Unfortunately, gun-control advocates join gun-rights lobbies like the National Rifle Association by evading the crucial follow-up question: who is shooting kids?
 

NY: Intruder Shot By Homeowner In New York
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Early Monday morning, a homeowner in Greece, New York, was faced with a dangerous situation as an intruder broke into his house on Brayton Road.

The homeowner, who was asleep at the time, heard noises and realized someone had entered his home. After retrieving a gun, the homeowner was attacked by the suspect, prompting him to shoot the intruder in self-defense.

Police arrived at the scene around 4:30 a.m. and found the suspect, identified as 25-year-old Christopher McManus of Rochester, with a single gunshot wound.
 

MO: Missouri to Hear Important Pro-Gun Laws TODAY!
Submitted by: Mark A. Taff
Website: www.marktaff.com

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The committee hearing for House Bill 282 is set for later today in the Senate Transportation, Infrastructure, and Public Safety Committee. This bill repeals arbitrary �gun-free zones� that only hinder law-abiding citizens, while leaving them defenseless. It removes the prohibition on carrying firearms for self-defense on public transit property and in vehicles, ensuring that citizens of all economic means can exercise their Second Amendment rights.

Ed.: Title on linked page is erroneous; they are pro-gun bills.
 

ND: To The Governor: North Dakota Passes Second Amendment Financial Privacy Act
Submitted by: Mark A. Taff
Website: www.marktaff.com

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On Tuesday, the North Dakota Senate gave final approval to a bill that would prohibit financial institutions operating in the state from requiring a credit card merchant code to track the purchases of firearms and ammunition.

Rep. Ben Koppelman (R) and nine other Republican cosponsors introduced House Bill 1487 (HB1487) on Jan. 18. Titled the Second Amendment Financial Privacy Act, the legislation would prohibit a financial institution operating in North Dakota from requiring or assigning a firearms code.

A financial entity or its agent may not require the use of a firearms code in a manner that distinguishes a firearms retailer located in this state from a general merchandise retailer or a sporting goods retailer.
 

PA: Legislative package to prevent shooting deaths heads toward Pa. House floor
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A legislative package aimed at ensuring guns don�t get into the hands of children and criminals and preventing shooting deaths advanced toward votes in the Democratically-controlled state House on Wednesday.

But Republican lawmakers, who have blocked gun safety bills in past sessions, voted unanimously against the measures in the House Judiciary Committee in a preview of the opposition the four bills are likely to face in the GOP-controlled state Senate.

Each of the bills was reported out of committee on 12-9 votes.

The legislation, Republican committee members said, would do little to reduce crime and create legal pitfalls for gun owners.
 

WA: Lewis County Democratic Chair Supports Approved Gun Control Legislation
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Now that House Bill 1240 � Washington State Legislature�s assault weapons ban � has been signed into law by Gov. Jay Inslee, gun stores across the state can no longer sell a wide variety of guns.

A previous Chronicle story shared responses from Centralia gun store owners who were in opposition to HB 1240, and Republican lawmakers in the area have made it clear in statements they oppose the ban.

Not all Lewis County residents oppose the new law, though.

Carol Brock sat down with The Chronicle earlier this month to share why she supported the legislation.
 

The Anti-Second Amendment Biden Wants a Second Term
Submitted by: Mark A. Taff
Website: www.marktaff.com

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It�s official, President Joe Biden (D) and running mate, Vice President Kamala Harris (D), are seeking reelection. They are the heads of one of the most anti-gun administrations in history and they want to continue their assault on our freedom.

Biden�s announcement video, titled �Let�s Finish the Job,� opens with Biden curiously noting that �personal freedom is fundamental to who we are as Americans� before adding that protecting our rights has been the work of his first term.
 

Smith & Wesson Equalizer
Submitted by: Mark A. Taff
Website: www.marktaff.com

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Smith & Wesson�s newest gun is called the Equalizer, and though it�s no Wild West-style gun, I nonetheless get tumbleweed vibes from the name. You know: outside the dusty goldminers� town, a train wails its sad song. A woman races to her ramshackle cabin, bars the door against approaching outlaws and makes sure her gun is loaded. Maybe ol� Wyatt Earp will show up to help even the odds, but either way, this tough pioneer woman is prepared to defend her own.
 

MT: Governor Gianforte Signs Pro-Freedom, Pro-Free Enterprise Bills Into Law
Submitted by: Mark A. Taff
Website: www.marktaff.com

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At a firearms manufacturer in Gallatin County, Governor Greg Gianforte today signed two bills into law to protect Montanans� retirement security from Environmental, Social, and Governance (ESG) investing and Montana�s firearms industry from discrimination.

�Activist, woke capitalism through ESG investing is trending on Wall Street. It won�t fly in Montana, and neither will efforts by woke banks to discriminate against gun manufacturers,� Gov. Gianforte said.

He continued, �Our right to keep and bear arms is part of our state and nation�s rich heritage. Law-abiding gun owners should not be targeted by financial institutions, like the big banks who adhere to ESG principles, just for exercising their Second Amendment rights.�
 

DE: Bill requiring permits to buy handguns clears first hurdle
Submitted by: Mark A. Taff
Website: www.marktaff.com

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A proposal to require anyone in Delaware wanting to buy a handgun to first be fingerprinted, undergo training and obtain permission from the state cleared its first legislative hurdle Wednesday after a public hearing in a Democrat-led Senate committee.

The bill was released by the Senate Judiciary Committee with no Republican support. It now heads to the Finance Committee for consideration of the estimated costs involved in setting up a �permit to purchase� program. Under Senate rules, however, the Finance Committee is not required to hold a hearing, or even to meet, to consider the legislation. Instead, the bill is expected to simply be passed to the full Senate for a floor vote next Tuesday.
 

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