Monthly Archives: August 2023

The National Rifle Association has promoted a false version of American gun culture; among other things is the legendary association with the Second Amendments right to bear arms with the Minutemen of the American Revolution. Carl T. Bogus finds a darker history inMadisons Militia. James Madison, the future president, authored the Second Amendment to placate Southern slaveholders such as Patrick Give Me Liberty or Give Me Death Henry, who threatened to prevent the Constitutions ratification without additional assurances that the slave states could be maintained. The primary purpose of the Amendments well regulated militia was to put down slave uprisings.

Bogus, law professor emeritus at Roger Williams University School, makes his case by examining the minutes from ratification conventions and placing events in context. Madison and members of Congress who voted for the Second Amendment believed that the militias would be useless in defending the U.S. from attack. They saw how poorly those militias performed during the American Revolution. The exact wording bears scrutiny: A well regulated militia being the best security of a free state implies that the militia, raised from white male gun owners in each state, was not intended for national defense but internalsecurityagainst insurrections. In the South, that meant revolts by the enslaved.

David Luhrssen lectured at UWM and the MIAD. He is author of The Vietnam War on Film, Encyclopedia of Classic Rock, and Hammer of the Gods: Thule Society and the Birth of Nazism.

Aug. 25, 2023

8:52 a.m.

Link:
Madison's Militia: The Hidden History of the Second Amendment, by ... - Shepherd Express

A persons right to carry a firearm in public for self-defense does not end at state lines, a Massachusetts trial judge has ruled.

Earlier this month, Lowell District Court Justice John F. Coffey dismissed a criminal case against a New Hampshire man charged with carrying a firearm without a license in Massachusetts. He found the states requirement that non-residents obtain a temporary license to carry in Massachusetts violates the Second Amendment.

An individual only loses a constitutional right if he commits an offense or is or has been engaged in certain behavior that is covered by 18 USC section 922, Judge Coffey wrote on August 3rd in Commonwealth of Massachusetts v. Dean F. Donnell. He doesnt lose that right simply by traveling into an adjoining state whose statute mandates that residents of that state obtain a license prior to exercising their constitutional right. To hold otherwise would inexplicably treat Second Amendment rights differently than other individually held rights. Therefore, the Court finds that GL. 269, sec. (10a) is unconstitutional as applied to this particularly situated defendant and allows the motion to dismiss on that ground.

The ruling could have significant implications for determining the scope of the right to carry a firearm in public. It is one of the first legal decisions to address gun-carry rights across state lines since the Supreme Court recognized a general public carry right in New York State Rifle and Pistol Association v. Bruen last June. It could fuel gun-rights advocates push for the right to travel in all 50 states with firearms in public, also known as national reciprocity.

The defendant in the case, Dean Donnell, is a legal resident of New Hampshire. New Hampshire is a permitless gun carry state, meaning anyone 18 years of age or older who can legally possess a firearm may carry it in public openly or concealed. It also issues carry permits to residents for reciprocity purposes. However, Massachusetts does not honor New Hampshire permits.

Judge Coffeys order does not specify whether or not Donnell had a valid New Hampshire permit, only that he was in compliance with his home states laws on the possession of the firearm when Massachusetts charged him. The law under which he was charged, GL. 269, sec. (10a), creates a mandatory minimum sentence of 18 months in prison for anyone convicted of possessing a firearm in public without a license.

Judge Coffey wrote that Donnells conduct was clearly covered by the Second Amendment. Therefore, under the standard of review set in Bruen, he said the Government of Massachusetts needed to show a historical tradition relating to disparate treatment of nonresidents to uphold the law.

Rather than point to any historical analogues, the Massachusetts Government argued that previous state court decisions had held that it was not required to recognize the gun-carry rights of non-residents.

Judge Coffey dismissed those arguments because the cited state court precedents relied on a time when Massachusetts issued permits on a subjective, may-issue standard struck down by the Supreme Court in Bruen.

This argument is not persuasive because at the time of the Harris decision, carrying a firearm outside of the home was a privilege, and the Harris Court held that Massachusetts didnt have to give Full Faith and Credit to New Hampshire laws conferring that same privilege, he wrote. The Commonwealth points to no historical precedent limiting the reach of ones exercise to a federal constitutional right to only within that residents states borders.

The government also argued that its law was constitutional because it allowed non-residents to obtain a special temporary permit to carry firearms when visiting the state. They cited Justice Brett Kavanaughs concurring opinion in Bruen clarifying that objective gun permitting systems were permissible as support.

Judge Coffey disagreed that the states nonresident permitting system was constitutionally sound because it sets different standards for non-resident applicants than resident applicants.

As stated above, prior to the Bruen decision, Massachusetts treated the carrying of a firearm as a privilege, he wrote. While it allowed nonresidents to apply to obtain a license for that privilege, nonresidents were not treated the same as residents. Residents of Massachusetts obtaining a license were granted the license for five years. A temporary non resident license was only valid for one year.

As a result, Coffey held that the state failed to meet its burden in proving that Donnells conduct was not constitutionally protected and warranted a felony charge.

This Court can think of no other constitutional right which a person loses simply by traveling beyond his home states border into another state continuing to exercise that right and instantaneously becomes a felon subject to mandatory minimum sentence of incarceration, Coffey added.

Massachusetts Attorney General Andrea Joy Campbell (D.) did not respond to a request for comment about the decision.

Link:
Massachusetts Judge Rules Law Against Carrying Guns Across ... - The Reload

In arecent opinion piecein The Kansas City Star, sociology professor and military veteran Doug McGaw argues that the Second Amendment is a relic of the 18th century that needs to be repealed.

Although McGaw certainly is entitled to his opinion, his argument boils down to little more than a litany of common gun control talking points, all of which are readily refuted.

McGaw argues, for example, that the Second Amendments mention of a well-regulated militia refers to the National Guard. (It does not. Moreover, the right to keep and bear arms belongs broadly to the people and shall not be infringed.)

He insists that the Framers of the Constitution never anticipated modern advancements in firearms technology. (They did. They also intentionally protected arms as a concept instead of listing specific types of arms that existed in their own time).

Throughout the piece, McGaw dismisses any notion that the right to keep and bear arms has a role in securing the rights of peaceable Americans today. He not only thumbs his nose at the premise that good guys with guns are a solution to bad guys with guns, but flippantly suggests that there is little difference between the two.

I assume that the good guys will be the ones in the white hats? McGaw asks. Otherwise, who can tell which is the good guy?

This is silly, of course. Its abundantly clear that the right to armed self-defense is just as important today as it was in 1791, when the Second Amendment was ratified.

Almost every major study has found that Americans use their firearms in self-defense between500,000 and 3 milliontimesannually, as the Centers for Disease Control and Prevention has acknowledged. In 2021, the most comprehensive study ever conducted on the issue concluded thatroughly 1.6 million defensive gun usesoccur in the United States every year.

For this reason,The Daily Signalpublishes a monthly article highlighting some of the previous months many news stories on defensive gun use that you may have missedor that might not have made it to the national spotlight in the first place. (Read other accountsherefrom past months and years. You also may follow@DailyDGUon Twitter for daily highlights of defensive gun uses.)

The examples below represent only a small portion of the news stories on defensive gun use that we found in July. You may explore more using The Heritage Foundations interactiveDefensive Gun Use Database.(The Daily Signal is Heritages multimedia news organization.)

As these examples help demonstrate, more often than not its pretty easy to distinguish the good guy with a gun from the bad guy with a gun.

They dont need different colored hats. Its simply a matter of common sensewho was using a gun to harm the innocent, and who was using a gun to defend the innocent or ensure those who harm them are brought to justice?

With all due respect to McGaw, human nature hasnt changed since 1791. And neither, therefore, has the utility of the right to keep and bear arms in self-defense.

The Second Amendment isnt an outdated relic of another century, but an ever-necessary tool in an ever-present battle against those who would undermine the natural rights of others.

This piece originally appeared in The Daily Signal

See the original post:
It's Not Hard to Tell Good Guy From Bad Guy, as 12 More Defensive ... - Heritage.org

On Wednesday, NRA-ILA filed an amicus curiae (or friend of the court) brief in support of a challenge to a Minnesotas permitting law, which bans young adults ages 1820 from exercising their right to carry a firearm for self-defense.

NRA-ILA has been advocating for the right to carry for decades. Last year in an NRA-ILA case, the Supreme Court struck New Yorks restrictive licensing statute that prohibited ordinary, law-abiding citizens from obtaining concealed carry licenses. In doing so, the Court noted that 46 states have shall-issue carry statutes, which was the result of NRA-ILAs efforts.

NRA-ILA has also advocated on behalf of young adults for decades. It currently has a case challenging a Florida statute banning transfers of firearms to young adults pending before the entire Eleventh Circuit Court of Appeals. This case is a combination of those efforts.

Young adults are the people, the brief argues. It is unquestionable that members of the founding-era militia and citizens who hold political rights are the people, as the founders understood that term. And because they are the people with Second Amendment rights, they cannot be completely deprived of exercising their rights. Minnesota, however, claims that young adults can be deprived of their rights because their rational thinking is overridden by more impulsive, emotional, or irrational behavior. But if it truly believed that young adults couldnt make rational decisions, then neither itnor the Constitutionwould allow young adults to serve on juries, the brief counters.

A free society prefers to punish the few who abuse their rights after they break the law than to throttle them and all others beforehand. [Minnesota has not complied] with that edict, the brief concludes.

The case is captioned as Worth v. Jacobson. It is before the U.S. Court of Appeals for the Eighth Circuit.

Please stay tuned towww.nraila.orgfor future updates on NRA-ILAs ongoing efforts to defend your constitutional rights.

The rest is here:
NRA-ILA Files Friend of the Court Brief Urging the Eighth Circuit to ... - NRA ILA

City Council approved two technical amendments to Ashevilles panhandling ordinance at its Aug. 22 meeting. The first amendment added new language specifying that solicitors must be at least 8 feet away from transit stops (such as bus stops or busy medians) as well as individuals who have made a negative response to their solicitation attempts. The second amendment provided an exception to the existing ordinance that exempts persons who are soliciting from family members and mutual acquaintances.

The vote was the first reading of the proposed change, drawing 26 speakers, which entailed two hours of public comment. It passed 6-1, with Council member Kim Roney as the single opposing vote.

City Attorney Brad Branham said the technical amendments were needed to remain compliant with existing federal laws and were not intended to expand any existing regulations or penalties.

I feel really strongly that the 8-foot addition is an expansion of the language that was not existing in the ordinance before, Roney said in response to Branham. Expanding this ordinance not only distracts from the very important work we need to do to address the issue [of] homelessness, but it still doesnt meet the issue and instead creates new problems.

That sentiment was echoed throughout public comment. Asheville-based lawyer and activistBen Scalesargued that the technical amendments expanded the ordinance and created issues concerning its enforceability.

These changes are more than just technical amendments, and they will increase the burden on our already understaffed, underpaid and definitely underappreciated police force, Scales said. The 8-foot rule would not be admissible in court. There will always be reasonable doubt as to whether a violation is actually 8 feet.

Several community members also expressed concern over the new rules concerning family and mutual acquaintances, noting potential ambiguities.

Poverty breeds desperation, and the proposal in front of you addresses the symptoms, not the cause, said public commenter Eleanor Richards. To me, every poor person in this town and elsewhere is a part of my family, so if I were to be arrested for giving food or money to a homeless person, you would be in violation of your own ordinance.

While the majority of the speakers opposed the ordinance changes, several speakers supported it, including members of the Asheville Coalition for Public Safety.

Sheila Surrett, a member of the organization, brought a slideshow featuring images of homeless people downtown, sitting on sidewalks, standing on medians and speaking with customers at outdoor restaurants. Surrett asserted that panhandling has torn up our tourism. She also stated that police officers should be paid more to address the issues caused by some of the homeless population.

The citys panhandling laws were previously discussed during a July 25, Environment and Safety Committee meeting. Council members Maggie Ullman, Sandra Kilgore and Sheneika Smith are part of the six-member committee. At the meeting, members proposed additional, more substantive amendments, including regulations around drivers giving money and other resources to panhandlers.

The additional amendments are still being discussed and will be considered again by the committee on Tuesday, Sept. 26. City Council is expected to address these additions during its Tuesday, Oct. 10, meeting. Ullman said while its clear people are divided on how to address the ordinance, they all agreed that we need to band together to address root causes.

She also requested that the proposal to restrict a drivers ability to give to a panhandler be taken off the table.

What Im deeply understanding through lots of conversations is that charity is intensely personal and spiritual and religious for many, Ullman said. And I dont see that the government intervening in that individuals choice of charity is in our best interest. I think it will harm more than help.

Read the revised ordinance at avl.mx/prxk.

Council also received an update on the Complete Streets policy, a long-term capital improvement project set to connect existing bike lanes and greenways in the downtown area. As a part of the proposed project, existing parking on main thoroughfares such as Patton and Biltmore avenues would be removed to create space for the new bike lanes.

Jessica Morris, assistant director of transportation, noted that this project was supported by the 2009 Downtown Master Plan and the Complete Streets policy, passed in 2012. While numerous public hearings on the topic have been held this year, Smith noted that several community members personally expressed concern over the proposal to remove parking spaces on main roads.

Even though we are not losing any handicapped lanes or spaces, the loss of any parking could be a potential issue for those who may be less mobile, Smith said. If we get rid of parking, it would effectively exclude certain members of the community from the area.

Kilgore echoed this sentiment, noting that it would also negatively affect businesses. A lot of people dont go downtown because they say that there is no parking, Kilgore said. How come we cant get a plan where these bicycle paths connect on outer streets? What is the difference between me parking in the parking garage and having to walk a couple of blocks to get where I need to go and bikers using side streets and parking there, and then just walking the same way we do?

Ullman disagreed, noting the additional physical strain that bikers face. As a daily bike commuter who is using my body, physically its hard, Ullman said. If we want people to be using these healthier options of mobility, ease of use and connectivity are important.

Given the standing disagreements, Council determined that a work session would be needed before a vote is taken. While no date has been set, it is expected to be discussed before the next Council meeting on Tuesday, Sept. 12.

View post:
Panhandling ordinance amendments pass first Council vote - Mountain Xpress

On the first of July, Floridas new concealed carry law officially went into effect. Signed into law by Governor Ron DeSantis in April, House Bill 543 allows most adults to carry weapons and firearms without the need for a permit. This does not mean there are no restrictions, though. In fact, there are a handful of key points to remember: the carrier must always have a valid form of identification with them; you may still not openly carry except in specific circumstances; you must be legally eligible to carry; and firearms are still prohibited at certain locations or establishments (schools, courthouses, etc). While Floridas new law does not require the owner of a firearm to have any experience or training with the weapon,

Polk County Sheriff Grady Judd does urge training and familiarity for safety and legal purposes. I do encourage anyone who wants to own, possess, or carry a concealed firearm to please become familiar with that weapon, Sheriff Judd said. Learn how to safely handle it and fire it. I am a huge supporter of the Second Amendment, and I encourage anyone who legally can have a firearm, and is comfortable handling it and using it, to get one to protect yourself and your family. But good firearms training is a must, and if you dont understand the law, you can easily find yourself charged with a crime, and we never want that to occur.

Regarding identification, permitless carriers must also be able to produce proof when demanded by a law enforcement officer. Citizens may not open carry freely, as firearms must be concealed at all times unless participating in or traveling to or from certain activities. These exceptions include camping, hunting, fishing, and target shooting. To be legally eligible to carry a firearm, a person must be a United States citizen or permanent resident alien of at least 21 years of age, cannot be a convicted felon, and must not habitually abuse substances, among other things.

There are also a variety of areas where these weapons are restricted, which include bars, police stations, schools, government meetings, courthouses, and private businesses where business owners have declared the weapons are not allowed. Regarding a private business that does not allow firearms on the premises, they may also decide whether or not those weapons are allowed to be kept in a car on their property. According to Florida State Statute 790.115, a citizen may not bring a firearm onto a restricted property like a school, even if it is left in a car. Exceptions exist for instances such as firearms programs that have been approved by the principal or chief administrative officer of a school, among other caveats.

A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school sponsored event or on the property of any school, school bus, or school bus stop, subsection (2)(a) states.

The Polk County Sheriff continues that citizens must also keep themselves apprised of the current laws governing the use of a firearm, which include Floridas Stand Your Ground Law and the Castle Doctrine.

Sheriff Judd contends that it is still best for citizens to have a concealed carry license (CCL) due to reciprocity with other states laws. This means that other states recognize a Florida license, and a person would be within their rights to carry in many states with one, but you may very well be violating the law in another state without a license. Even under a reciprocity agreement, laws vary between states, and many states only allow concealed carry of handguns or pistols. It is advised to consult that states laws to find out precisely what carry restrictions apply.

Going through the process of obtaining a concealed carry license provides a basic level of safety as it requires a firearms training course. Additionally, a concealed weapons permit may be required for certain firearms training courses. The Hernando County Sheriffs Office is holding a Situational Awareness Firearms training on Aug. 25 that requires a permit because it includes live munitions training.

For more information regarding the fledgling Florida law, aspiring gun owners can go to PolkSheriff.org. Once on the website, the facts will be in the FAQs section under the About tab near the top of the screen. The FAQ page features answers to various questions that the general public should be aware of, including more detailed information on who is allowed to carry a concealed weapon and places where firearms may not be carried.

More detailed information listings may also be found on the state Senates website under Chapter 790 of Title XLVI. For information on obtaining a concealed weapons license, go to the Florida Department of Agriculture and Consumer Services website.

Remember, the only thing that stops a bad guy with a gun is a good guy with a gun, Sheriff Judd said. In Florida, we have lots and lots of good guys, but theres still some bad guys too.

View post:
Florida's New Concealed Carry Law: What You Need to Know - Hernando Sun

Julie Pickren, a Republican member of the State Board of Education, and PragerUs CEO Marissa Streit jointly announced Tuesday that kids in the Lone Star state would be offered the full gamut of the organization's controversial educational offerings. (Michelle Zenarosa, PragerU)

The right-wing education and media group PragerU seems like its infiltrating some of the biggest public school systems in the country right now.

Earlier this month, it was announced that the unaccredited group had been permitted to offer climate denial educational resources in Florida. Then, just days ago, PragerU inexplicably turned up in Texas.

And it caused a lot of confusion. Julie Pickren, a Republican member of the State Board of Education, and PragerUs CEO Marissa Streit jointly announced Tuesday that kids in the Lone Star state would be offered the full gamut of the organizations controversial educational offerings.

Those include videos denying climate change and rewriting known and widely accepted truths about African-American history, including that slavery was a compromise, among other controversial positions. Florida Gov. Ron DeSantis welcomed the groups videos and said they offered a more balanced view than the indoctrination currently offered within the states public schools.

In the joint video, Pickren, present at the Jan. 6 attack on the Capitol building, said, We are definitely ready to welcome PragerU into the great state of Texas.A blurb beside the video said the group was now an approved education vendor in the state.

The only problem is, its not true.

Keven Ellis, the chair of the State Board of Education, said in a statement that no one from PragerU had contacted him or ever presented to the board.

Why did Pickren and PragerU lie?

My inkling is that shes (Pickren) attempting to politicize upcoming state school board meetings, said Emily Witt, a spokesperson for the Texas Freedom Network, an Austin-based nonpartisan, grassroots organization that supports religious freedom, individual liberties, and public education. Were about to go into a textbook adoption process for science textbooks here in Texas next week, and she may be trying to influence that process before it has even started.

Texas has the countrys second-largest public school student body, with just under 6 million students. California is first with 6.8 million, and Florida third with 3.4 million.

PragerUs rise to prominence has mirrored the rapid escalation of right-wing populism that took hold after Pres. Donald Trump first ran for office in mid-2015. It started in 2009 as a platform for founder and conservative radio host Dennis Prager to reach out to teenagers and college students. The group has become known for its 5-minute videos that take controversial subjects and put a conservative spin on them, often to the point where they rewrite history and, in many cases, downplay slavery and racism in the United States.

Ameshia Cross, the assistant director of Higher Education Communication at The Education Trust, echoed Witts comments about PragerU and pointed to other issues in the Texas public school system.

I think that this move in this narrative is quite frankly hyperpolarizing and is being done on purpose, she said. The problem here is Texas has become a battleground for equity for minority students. Were watching the Houston Independent School District, one of the largest minority school districts in the country, be taken over by a state that doesnt care about facts or the students.

Witt said the Board of Education will consider textbooks discussing climate change and evolution, among other science issues. Texass State Board of Education has a long history of allowing books that ignore, erase, and gloss over information often guided by partisan politics.

A January 2020 analysis of eight textbooks offered in California and Texas identified hundreds of subtle differences. For example, a California version of one of the textbooks notes that the Second Amendment allowed for some gun regulations. The Texas version did not. Teens in both states learn about the Harlem Literary Renaissance and its impact on African-American life. The Texas version says some critics dismissed the quality of literature produced.

However, according to Witt, this latest iteration of adopting what some say is right-wing propaganda and disinformation in classrooms has reached a new level.

Weve had right-wing members before, and weve fought about evolution, especially in textbook adoption, even going as far back as 20 years ago, she said. So weve certainly had members that have tried to sway the public to come in and denounced textbooks that teach the truth about science and history and all of the subjects frankly, but it is pretty unique and new for a member to blatantly lie and then have an organization also lie on their behalf.

Pickren did not respond to a request for comment.

Continue reading here:
Why did PragerU lie about being approved in Texas schools? - Reckon

NASHVILLE, Tenn. (WTVF) It's no longer about ostrich egg trophies and quiet discussions outside of the chambers. The Tennessee House and Tennessee Senate are visibly not getting along with each other when it comes to this special session.

The purpose of the special session was to take up bills regarding public safety and the Second Amendment after The Covenant School mass shooting left six dead, including three children.

Its committees closed and adjournment until next week, the Senate gave a clear message to the House: They are done with the special session. This has left the House and its leadership seething at its counterparts.

"We have a duty to warn bill that would have potentially stopped the Covenant shooter from happening that they refused to pass," House Speaker Cameron Sexton said. "So look, if thats their prerogative, if they dont want to come down here and propose a single thing they want to do or pass another bill thats on them, but on the House, were going to do the job we think we should do."

The Senate has passed three pieces of legislation gun storage funding, criminal depositions timing to the TBI and a request from the TBI to create a yearly report on human trafficking.

WTVF / Bud Nelson

In response, the House said it would stick the bills it wanted funded inside its appropriation bill. The Senate has already passed a version of theirs to fund the special session and their trio of legislation plus a funding bill. The House is still meeting and passing bills through committees. In the final finance committee before the House session, lawmakers were going through 13 bills.

The Senate never reopened their committees Thursday to make way for those bills.

"Theyve got a chairman issue over there, so well see," Sexton said.

When asked about what is the disconnect between the House and Senate during this session, Lt. Gov. Randy McNally said it was a list that would take too long to go through with reporters.

"Well, we've completed what the governor has asked us to do," McNally said. "He had six bills plus an appropriations bill. They withdrew one, one had some issues. Four of those bills, we passed. We are waiting to see what happens on the House side. He thought those were the bills that would address the situation (Covenant school shooting)."

McNally said the Senate had sent them their bills and the appropriations bill and they would have to see what would come over from the House. He said that an order of protection bill wasn't a part of the bills, but that doesn't mean it wouldn't be taken up in January. Originally, Gov. Bill Lee came up with an extreme order of protection bill that was rejected by the Republican supermajority.

"This is how we usually end up," McNally said. "Both bodies might have a little bit of difference of opinion on what gets done."

View post:
No longer a cold war, the Tennessee House and Senate are not ... - News Channel 5 Nashville

MAN WHO PUNCHED & STABBED INNOCENT STRANGER IN SUBWAY SENTENCED TO 10 YEARS

DOWNTOWN BROOKLYN BROOKLYN D.A. ERIC GONZALEZ ANNOUNCED Tuesday that Roland Henegan, 35, formerly of the Kingsborough Mens Shelter in Brooklyn, has been sentenced to 10 years in prison for punching and stabbing a 55-year-old man at the Jay Street Subway Station in Downtown Brooklyn. The defendant pleaded guilty to assault for the unprovoked attack in July last year. The victim had been walking down a staircase at the station when Henegan grabbed him, punched him, and then stabbed him in the face and back.

Henegan was sentenced Tuesday by Brooklyn Supreme Court Justice Michael Kitsis.

ADA ELEVATORS AT 59TH ST. STATION TO UNDERGO UPGRADES THIS WEEKEND

SUNSET PARK COMMUTERS WHO RELY ON THE ADA ELEVATORS AT THE 59TH STREET N AND R STATION in Sunset Park will need to plan alternate routes for the weekend of Aug. 25-27, announced the MTA via Community Board 7. The ADA elevators at this station will undergo periods of non-service during the weekend while the MTA makes mechanical upgrades to two of them. The elevator serving street to mezzanine levels will be out of service from 10 p.m. Friday, Aug. 25 until 5 p.m. on Saturday, Aug. 26. The elevator from the mezzanine to the southbound platform will remain out of service until noon on Sunday, Aug. 27.

Starting at 5 p.m. on Saturday, Aug. 26, customers will be able to use the ADA elevators to access the northbound platform. (Please note the mezzanine to northbound platform elevator will remain in service all weekend.)

ELECTEDS ANNOUNCE MORE FREQUENT SUBWAY SERVICE ON N AND R LINES

BAY RIDGE AND BENSONHURST SERVICE WILL INCREASE ON THE N AND R SUBWAY LINES starting later this month, announced State Sen. Andrew Gounardes (D-26/Western Brooklyn) and Councilmember Justin Brannan (D-43/Bay Ridge-Dyker Heights) on Tuesday, Aug. 22. The MTA will increase midday weekday service along these two lines serving Bensonhurst and Bay Ridge, with trains running every 8 minutes during the midday periods on weekdays. The current interval is 10 minutes between trains. These significant improvements in subway service in Brooklyn and the other boroughs are a direct result of funds allocated to the MTA in this years New York State budget.

Earlier in August, service enhancements were announced on the G, J, M, and C lines. Improvements were added to the 1 and 6 local trains, neither of which serve Brooklyn.

BROOKLYN CONGRESSMAN PRESENTS BILL TO REDEFINE GHOST GUNS, BAN THEIR SALES

CAPITOL HILL A NEW BILL THAT BROOKLYN CONGRESSMAN DAN GOLDMAN HAS CO-INTRODUCED WOULD BAN the sale of ghost guns and permanently define their core components. Rep. Goldman (D-10/Western Brooklyn-Lower Manhattan) joined two of his colleagues in the House and Senate in presenting the legislation, which would ban the sale of unserialized and untraceable firearms that can be bought online and easily assembled at home, thus circumventing any background check. The Ghost Guns and Untraceable Firearms Act would permanently define the core building blocks of ghost guns (unfinished frames and receivers, as firearms) and would require online sellers, gun kit manufacturers and distributors to comply with the same federal regulations that govern the production and distribution of completed firearms.

The U.S. has witnessed a dramatic, thousand-fold increase in the use of ghost guns since 2016, reports the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The number of ghost guns recovered and traced by law enforcement rose from 1,629 in 2016 to 19,273 in 2021.

MAIMONIDES EXPANDS ITS ROBOTIC SURGERY PROGRAM

BOROUGH PARK MAIMONIDES MEDICAL CENTER NOW HAS THE BOROUGHS LARGEST ROBOTIC-ASSISTED surgery program, with the addition of three new robots. Maimonides has more than 25 surgeons in several specialties who utilize robotic technology in almost a thousand minimally invasive procedures each year, from abdominal, urologic and colorectal procedures to orthopedic surgeries. The additional robots will allow the hospital to perform 600-800 more surgical cases a year.

The Maimonides Urologic Surgery team in 2001 became the first in Brooklyn to offer robotic surgery. Maimonides Bone & Joint Center was the first hospital in Brooklyn to pioneer robotic joint replacement. Maimonides Childrens Hospital was the first hospital to offer robot-assisted surgery to the boroughs kids.

NY STATE ATTORNEY GENERAL FIGHTS RULING THAT 2ND AMENDMENT PROTECTS DOMESTIC ABUSERS

STATEWIDE THE ISSUE OF WHETHER A DOMESTIC ABUSER IS COVERED BY THE SECOND AMENDMENT RIGHT TO OWN A GUN is at the heart of an action that New York Attorney General Letitia James is taking to defend a federal law that protects the victims. Attorney General James on Tuesday, Aug. 22, led a 25-state coalition in filing an amicus brief with the U.S. Supreme Court, in defense of a federal law that prevents persons under a domestic violence restraining order from accessing guns, as part of the case, United States v. Rahimi. The coalitions amicus brief urges the Supreme Court to overrule a lower courts ruling that the Second Amendment prohibits disarming persons even when they are under orders of protection.

Rahimi, who is under a domestic violence restraining order and has reportedly been involved in multiple shootings, has challenged, on Second Amendment grounds, the federal law barring him from possessing a firearm.

S.I. MAN CHARGED IN DEATH OF BROOKLYN CYCLIST ADAM USTER

CLINTON HILL POLICE HAVE CHARGED Angel Mejia, 19, in the tragic death of cycling advocate and father Adam Uster, killed while cycling home with groceries from Wegmans in May. Mejia, a resident of Staten Island, had turned his 2021 Isuzu Flat-bed truck to the right at the intersection of Franklin and Lexington avenues in Clinton Hill, striking Uster, who was traveling on his bicycle to the trucks right. Uster was brought by first responders to NY Presbyterian Brooklyn Methodist Hospital, where he was pronounced deceased. Mejia was charged with two counts of Motor Vehicle Failure to Yield to Pedestrian/Bicycle, according to Tuesdays release from NYPD.

Franklin Avenue where Uster was killed is a known dangerous corridor, Streetsblog reports. In the less-than-a-mile stretch between Lafayette Avenue and Fulton Street, there have been 111 reported crashes since 2020.

LAWSUIT, ACRIMONY CLOSES CELEBRATED CHEFS TABLE AT BROOKLYN FARE

HELLS KITCHEN THE CHEFS TABLE AT BROOKLYN FARE, one of Americas most renowned restaurants (a date will cost you well over $1,000 with wine, according to Eater) moved from Schermerhorn Street in Downtown Brooklyn to Hells Kitchen in 2016. Now the restaurants celebrated chef, Csar Ramirez, has been fired and the Michelin three-star restaurant has closed temporarily while a lawsuit winds its way through the courts, according to the Robb Report.

Ramirez filed a lawsuit in New York State Supreme Court in July alleging that he had been arbitrarily terminatedwithout cause, notice, or justification. Meanwhile, the owner claims the famous chef stole both restaurant equipment and employees to start a new venue.

GAINS IN BROOKLYN LUXURY HOUSING SALES

BROOKLYN THE LUXURY HOUSING MARKET IN BROOKLYN PERKED UP last week, with 16 contracts inked for homes asking $2 million or more between Aug. 14 and Aug. 20, according to The Real Deal. This is up from 10 in the previous period. The most expensive home to enter into a contract was 227 Clinton Street in Cobble Hill, with an asking price of just under $10 million. The 5,700-square-foot townhouse has six bedrooms and four bathrooms.

Earlier this year, a home on Pacific Street in Cobble Hill sold for $12 million; a townhouse on Remsen Street in Brooklyn Heights sold with an asking price of $7.8 million, TRD reports.

BROOKLYN ALAMO DRAFTHOUSE WORKERS FILE TO UNIONIZE: BARBENHEIMER LAST STRAW

DOWNTOWN BROOKLYN WORKERS AT BROOKLYN ALAMO DRAFTHOUSE FILED A PETITION on Monday to unionize. Employees at the popular movie theater at the City Point complex petitioned the National Labor Relations Board on Monday for an election to join United Auto Workers Local 2179, concierge worker Jordan Baruch told Patch.

Workers have long had safety and scheduling concerns, but the record-breaking dual release of Barbie and Oppenheimer known as Barbenheimer finally pushed them to the limit, Baruch said.

FATHER ARRESTED, CHILDREN CRITICAL AFTER BROWNSVILLE FIRE

BROWNSVILLE THREE CHILDREN ARE IN CRITICAL CONDITION after a fire broke out in their Brownsville apartment on Sunday, and their father, Anthony Halliburton, 37, has been arrested. While their mother was at work, Halliburton locked the young kids inside and stepped out to get groceries, and their apartment on Livonia Avenue went up in flames, PIX11 reports. Firefighters found 8-year-old Naomi, 5-year-old Tonya and 4-year-old Anthony passed out on the floor. Halliburton was charged with the abandonment of a child and endangering the welfare of a child.

A gofundme has been set up for donations to the family.

VIRTUAL MEETING ON BQE OVERNIGHT WORK SET FOR FRIDAY

BROOKLYN HEIGHTS A VIRTUAL MEETING UPDATING THE ONGOING OVERNIGHT WORK on the Triple Cantilever section of the Brooklyn-Queens Expressway will be held via Zoom on Friday, Aug. 25, from noon to 12:45 p.m., according to NYCDOTs Community Liaison Anita Navalurkar. The interim repair work, which began Aug. 18, will continue for the next four to six weeks. During working hours, only one lane will be available in the Queens-bound direction. The Queens-bound Atlantic Ave. BQE entrance ramp will also be closed when the right Queens-bound lane is closed.

To be added to the Community Liaisons BQE notification list or to obtain a link to the Zoom meeting, contact Navalurkar at (347) 647-0876 or [emailprotected].

ALL ABOARD!: TRANSIT MUSEUMS PARADE OF SUBWAY TRAINS, FEATURES RATTAN SEATS, CEILING FANS

KINGS HIGHWAY NEW YORK COMMUTERS AND TRANSIT AFICIONADOS CAN TAKE A STEP BACK IN TIME during the New York Transit Museums Parade of Trains, approaching the weekend of Saturday and Sunday, Sept. 9-10. Straphangers can step aboard different vintage trains from the museums collection from 11 a.m. to 4 p.m. at the Brighton Beach B/Q platforms or the Kings Highway Manhattan-bound B/Q platform. This years Parade of Trains will include a number of train cars from the New York Transit Museums collection, including the BU Gate Cars, BRT Brooklyn Union Elevated Cars (in use 1903-1969) and the oldest cars in the Transit Museums vintage fleet. Shuttle rides are free with a MetroCard swipe or OMNY tap.

Although slightly older, the R1 through R9 cars (which were in use from 1930-1977), feature rattan seats, paddle ceiling fans, incandescent light bulbs, and roll signs for passenger information all pre-World War II subway standards.

TENTATIVE AGREEMENT TO HOUSE MIGRANTS AT FLOYD BENNETT FIELD

FLATLANDS GOV. KATHY HOCHUL ON MONDAY ANNOUNCED that the Biden Administration has tentatively agreed to allow the state to use Floyd Bennett Field in Flatlands as a shelter for asylum seekers. Once the final agreement is signed, we will work with Mayor Adams and his team to set up a Humanitarian Emergency Relief and Response Center at Floyd Bennett Field with the capacity to shelter more than 2,000 asylum seekers, Hochul said in a release.

Over its 92-year history, Floyd Bennett field has contained a commercial airport, U.S. Navy air base, police helicopter base, aviation museum, drone and model airplane space, gymnasium and one of the citys largest community gardens. The only way to reach it by public transportation is the Q-35 bus.

DISBARRED ATTORNEY CHARGED IN IMMIGRATION ASSISTANCE FRAUD, PRACTICING WITHOUT A LICENSE

DOWNTOWN BROOKLYN A DISBARRED CROWN HEIGHTS ATTORNEY who specialized in immigration cases has been charged with stealing from nine of his clients while continuing to practice law without a license. Brooklyn District Attorney Eric Gonzalez identified the defendant as Owolabi Salis, 60, of Crown Heights, who was arraigned today before Brooklyn Supreme Court Justice Heidi Cesare, and charged with multiple indictments, including first-degree scheme to defraud, first-degree immigrant assistance services fraud and unlawful practice of the law. After his Nov. 29, 2022 disbarment, at which he was ordered to cease practicing law and to advise his clients to seek new counsel, Salis violated the order and continued to operate a law office at 1179 Eastern Parkway and to advertise as Salis Law P.C. online.

The U.S. Department of Homeland Security Investigations assisted with the case. The defendant was released without bail and ordered to return to court on Oct. 11.

VERNIKOV KISSED BY RANDOM STRANGER IN CREEPY MOMENT

BRIGHTON BEACH SOUTHERN BROOKLYN COUNCILMEMBER INNA VERNIKOV WAS KISSED ON CAMERA AGAINST HER WILL by a stranger during an interview with CBS on Thursday, reports NBC News, eliciting a stunned response of What the f*ck?! from the councilmember. Vernikov later on X, formerly Twitter, wrote Not the kind of love I expect from constituents! Very creepy moment, and thanked other area politicians for speaking out against the man on her behalf.

NBC says that no report has yet been filed with police over the incident.

SUSPECTS IN NIGHTCLUB KIDNAPPING RELEASED WITHOUT BAIL

WILLIAMSBURG THE SUSPECTS IN THE KIDNAPPING OF A YOUNG CONNECTICUT DOCTOR from the Brooklyn Mirage nightclub at the Avant Gardner event venue in Williamsburg were released without bail by the Connecticut courts last week, reports the New York Post, despite earlier bail amounts set at $1 million and $250,000 for the two men, who were charged with kidnapping and conspiracy to commit kidnapping, respectively. The Post reports that its efforts to contact suspect Anthony Benjamin, 42, at an address given to Connecticut authorities were unsuccessful, with a resident saying theyd never heard of him; Benjamin is accused of threatening ophthalmologist Michael Bautista, 32, into footing the bill for a $6,100 spending spree through the Bronx after tricking him into a fake taxi outside the nightclub along with alleged accomplice Steve Daley.

The kidnapping is one of several disturbing events associated with the Mirage this summer; two other young professionals, 27-year-old psychologist Karl Clemente and 27-year-old financial analyst John Castic were discovered dead in the Newtown Creek in July after being last seen leaving the club.

NAVAL CULINARY OFFICER FROM BROOKLYN CO-PRESENTS BACK-TO-SCHOOL MONTH CAKE

BROOKLYN TO ITALY A NAVAL CHEF FROM BROOKLYN HELPS CELEBRATE BACK-TO-SCHOOL MONTH, all the way from Italy. Culinary Specialist 2nd Class Al-Vaughn Moe, from Brooklyn, New York (at right), and Chief Warrant Officer 3 Joe Mattia, Food Service Officer, aboard at the Naval Air Station Sigonella, from Dallas, pose in front of the national back-to-school month cake at the galley on board Naval Air Station Sigonella, on Aug. 17. NAS Sigonellas strategic location enables U.S., allied, and partner nation forces to deploy and respond as required, ensuring security and stability in Europe, Africa and Central Command.

MISSING SENIOR IN SUNSET PARK

SUNSET PARK POLICE ARE SEARCHING FOR MISSING SENIOR Yun Zhang, age 73, who was last seen leaving her residence near the Fort Hamilton Parkway D train station and heading in the direction of the Fort Hamilton Parkway and New Utrecht Avenue on the afternoon of Wednesday, Aug. 16. Zhang is described as female, 54 and 150 pounds, with salt-and-pepper hair and brown eyes, and was last seen wearing a purple shirt, blue jeans and a red hat.

Anyone with information regarding this incident is asked to call the NYPDs Crime Stoppers Hotline at 1-800-577-TIPS (8477) or for Spanish, 1-888-57-PISTA (74782). The public can also submit tips by logging onto the CrimeStoppers website at crimestoppers.nypdonline.org.

POLICE SEEK MAN WHO GRABBED AND PUNCHED WOMAN ON SUBWAY

BUSHWICK POLICE ARE SEEKING AN UNKNOWN MAN WHO HARASSED AND ASSAULTED A YOUNG WOMAN on the southbound platform of the Broadway and Myrtle Avenue J train station on the afternoon of Thursday, Aug. 17, and are investigating the incident as a hate crime. The suspect first grabbed the buttocks of the victim while standing on the platform, then followed her onto the train and engaged her in a dispute; the suspect then threatened the victim, made anti-LGBTQIA+ remarks and punched her about the face and body causing a fracture to her nose before fleeing from the train at the Delancey and Essex stop.

Anyone with information regarding this incident is asked to call the NYPDs Crime Stoppers Hotline at 1-800-577-TIPS (8477) or for Spanish, 1-888-57-PISTA (74782). The public can also submit tips by logging onto the CrimeStoppers website at crimestoppers.nypdonline.org.

CITY LAUNCHES BACK-TO-SCHOOL VACCINE CAMPAIGN

CITYWIDE A NEW, MONTHLONG BACK-TO-SCHOOL CAMPAIGN that the Department of Health and Mental Hygiene launched on Monday, Aug. 21, reminds New Yorkers particularly the parents of school children to make sure they are caught up on their routine vaccinations. Specific vaccine requirements vary based on a childs age, grade and medical history. All students are required to receive the DTaP (diphtheria-tetanus-pertussis); poliovirus; MMR (measles-mumps-rubella); varicella and hepatitis B vaccines. The COVID-19 vaccine was not listed as being mandatory. The material will appear for the next month in multiple languages on radio, TV, online and social media, newspapers and subway and Staten Island Ferry digital screens.

In the past, separate shots were required for diphtheria, tetanus and pertussis (whooping cough). The chickenpox vaccine became available in 1995, as did the hepatitis B vaccine.

RENT-STABILIZED VACANCIES AVERAGED ONLY 5% SAYS CITYS INDEPENDENT BUDGET OFFICE

CITYWIDE AFTER NEWS AGENCIES BROK STORIES OVER THE PAST FEW MONTHS ABOUT THE VACANCY RATE of rent-stabilized apartments, the NYC New York City Independent Budget Office has released a study showing that actually fewer than 5% of rent-stabilized apartments around 40,000 were vacant at a given point in time. The study, made public on Monday, Aug. 21, was conducted utilizing data from the New York State Homes and Community Renewal from 2017 through 2022. It showed that on average, the majority of vacant apartments were rented within a year.

Property owners register an average of 880,000 rent-stabilized units annually with the state. IBO found that the vacancy rate has remained steady until it peaked at around 7%, or nearly 60,000 apartments, during 2021, with the pandemic likely driving the turnover. But two-thirds of these apartments had been rented by 2022.

EX-SEALS, FIRST RESPONDERS COMPLETE GRUELING 9/11 MEMORIAL SWIM

BATTERY PARK A GROUP OF MORE THAN 260 FIRST RESPONDERS, VETERANS AND FORMER NAVY SEALS joined a grueling charity swim-a-thon in honor of the upcoming anniversary of the 9/11 attacks and other service members in support of the Navy SEAL Foundation on Saturday, plunging into the Hudson River from Liberty Park in New Jersey, then swimming a total of 3.5 miles to Battery Park City. The muscled-up swimmers exited the water at four stations along the way, including at Ellis Island and the Statue of Liberty, and performed 100 pushups and 22 pull-ups at each, for a total of 400 pushups and 88 pull-ups by the end, then grabbed flags for a ceremonial run to the finish line at the World Trade Center Memorial.

The Navy SEAL Foundation provides educational, professional and health support services to active and veteran Navy special forces soldiers, as well as to their families; more information about programs offered by the nonprofit can be found on their website.

ASYLUM CASEWORK PROCESS GETS $2M FROM GOVERNOR

STATEWIDE GOV. KATHY HOCHUL ON MONDAY, AUG. 21, IMPLEMENTED A NEW $20 million investment to speed the casework filing process for more than 30,000 asylum seekers. This investment, which adds to the $1.5 billion that the State has already allocated to addressing the crisis, will connect asylum seekers with case management services to speed the process of exiting shelter and, when necessary, filing asylum claims. Utilizing a framework that the global NGO International Rescue Committee developed, asylum seekers in the Citys shelters will be triaged using a new color-coded scale: green indicates no significant barriers to exiting shelter; yellow indicates barriers to exit that have a path to resolution; and, red indicates more complex barriers to exit that require extensive resources.

The ultimate goal of these social services is to support asylum seekers as they attain legal work status, exit the shelter system and begin independent living.

JUDGE HALTS MARIJUANA LICENSES AFTER VETERANS LAWSUIT

STATEWIDE A JUDGE ON FRIDAY ONCE AGAIN HALTED THE ISSUANCE OF NEW LICENSES FOR RECREATIONAL MARIJUANA dispensaries in New York, reports the AP, after a veterans rights group filed a lawsuit last week alleging that the state had unfairly restricted its first round of licenses to people formerly jailed for drug offenses, excluding other disadvantaged groups that the 2021 legalization law had defined as social and economic equity applicants, including disabled veterans as well as women- and minority-owned businesses. Current licensees who have yet to open their storefronts will be able to proceed, while other licenses may still be granted on a case-by-case basis; Justice Kevin Bryant wrote in his injunction that any losses suffered by provisional licensees are the fault of state regulators.

It feels like we were used to getting a law passed a good law, one that helps a lot of people, as well as the state. Then, once it was passed, we were cast aside for another agenda, said veteran plaintiff Carmine Fiore in a press release announcing the lawsuit.

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What's News, Breaking: Tuesday, August 22, 2023 - Brooklyn Daily Eagle