West
Second Amendment fight: Gun rights group sues to block New York's body armor ban
A gun-rights group is suing the state of New York in order to block the enforcement of its body armor ban.
The Firearms Policy Coalition (FPC), a California-based non-profit organization, filed its Second Amendment lawsuit in the Western District of New York on Monday, arguing the ban is unconstitutional and is seeking a declaratory judgment that New Yorkers have a fundamental right to keep and bear arms — including body armor. The group is also seeking a permanent injunction to halt the enforcement of the ban.
The law — which restricts sales of vests defined as “bullet-resistant soft body armor” — was hastily passed by state lawmakers following the Buffalo supermarket shooting in May 2022 which left 10 people dead. Shooter Payton Gendron was sentenced last year to 11 consecutive life sentences, having pleaded guilty to all state charges including murder, domestic terrorism and hate crimes. All 10 victims were Black.
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New York’s ban is aimed at stopping criminals from gaining an advantage over peace officers, or security guards like Aaron Salter, who was killed trying to stop Gendron’s supermarket rampage.
During the killings, Gendron wore a steel-plated vest — armor strong enough to stop a handgun round fired by Salter, who tried to halt the shooting.
Under New York law, a person is prohibited from purchasing or taking possession of body armor if it is not being used in an eligible profession such as law enforcement or the military.
Furthermore, nobody is allowed to “sell, exchange, give or dispose of body armor…to an individual…not engaged or employed in an eligible profession,” the law states.
Violations are subject to a Class A misdemeanor for a first offense and a Class E felony for any subsequent offense.
FPC President Brandon Combs blasted the New York law while announcing the lawsuit.
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“New York’s body armor ban shows that the state’s commitment to authoritarianism has collapsed into absurdity, making it a crime to buy and use simple personal protective equipment,” Combs said in a statement. “New York’s laws have gone so far off the deep end that it would surprise exactly no one if Gov. Hochul and her goons banned safety glasses next. FPC looks forward to eliminating this unconstitutional law and teaching New York another lesson about constitutionally protected rights.”
FPC said that Americans have a deeply rooted tradition of keeping and wearing armor and says that whenever the usefulness of armor outweighed the burden of wearing it, armor was used. That tradition, combined with the lack of historical restrictions, “evinces a robust right to possess and wear body armor for self-defense,” the group said.
The case is captioned as Heeter v. James. Attorney General Letitia James, New York State Police Superintendent Steven James and Erie County Acting District Attorney Michael Keane are named as the defendants. FPC is joined in the case by Benjamin Heeter, an FPC member.
New York already has tough gun laws on the books and the state sought even more restrictions on gun owners following the 2022 Supreme Court ruling that declared the state’s previous concealed carry permitting requirements unconstitutional. Following that decision, New York passed the “Concealed Carry Improvement Act” (CCIA) but parts of it were struck down last year.
However, controversial parts of the law remain intact, including a requirement that applicants demonstrate good moral character and disclose household and family members on a permit application. New York is also allowed to enforce bans on concealed carry in so-called “sensitive places,” including theaters, bars, public parks and other spaces.
It’s also against the law to purchase pepper spray in New York, although using it in self-defense is legal.
Fox News’ Chris Pandolfo contributed to this report.
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West
Tiger shark spotted off Hawaiian coast prompts warning signs on beach
Beachgoers are being reminded to check in with lifeguards after a 12-foot-long tiger shark was spotted near Magic Island in Hawaii.
The Honolulu Emergency Services Department posted a shark warning after the marine creature was seen swimming 30 yards from the island’s break wall along Oahu’s South Shore, Island News reported.
The Honolulu emergency team has labeled the shark “non-aggressive” after it was spotted around noon on June 27.
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“Officials said the shark was not behaving aggressively. So far there have been no reports of injuries or attacks,” the local outlet reported.
Shark warning signs have been posted along Magic Island since the sighting.
Any beach visitors or those planning to swim in the ocean are encouraged to check in with the lifeguards on duty and see if they have any updated information on the shark warning prior to entering the water.
Tiger sharks are known for being extremely aggressive and have the second-highest number of shark attacks on humans, following great white sharks, Ocean Conservancy wrote online.
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National Geographic reported that tiger sharks are one of the three shark species that are most likely to attack humans, even when unprovoked — the other two are the bull shark and the great white shark.
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This warning comes after another tiger shark was spotted on June 12, after an “aggressive” tiger shark was spotted off Kakaako, Hawaii News Now reported.
“Officials said an eight- to ten-foot aggressive tiger shark was observed feeding on fish in the lineup at Point Panic surf break,” according to the outlet.
There have been a number of sightings and encounters around Oahu in the last month of both aggressive and non-aggressive sharks, including one fatal attack.
A lifeguard, who was also a professional surfer, died as the result of a shark attack off the island of Oahu on the North Shore, Fox News Digital reported.
Fox News Digital reached out to the Honolulu Emergency Services Department for comment.
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San Francisco, CA
San Francisco Bay Area roasts as extremely high temps persist into July 4th holiday
With no relief from the heat forecast for inland parts of the San Francisco Bay Area until next week, much of the region continued to cook with higher than normal temperatures on the July 4th holiday.
According to KPIX chief meteorologist Paul Heggen, inland highs on Independence Day and Friday will range from 95°-105°, with highs around San Francisco Bay hitting the 80s to near 90°. The regions coastal communities will remain popular with thermometer readings only reaching the 70s.
In warmer inland areas, there will be some limited overnight relief with low temperatures in the mid 60s to low 80s.
Wednesday was slightly less scorching than Tuesday, with fewer records for the date with both San Rafael (100°, breaking a 2001 record of 99°) and Livermore (110°, breaking a 2001 record of 109°) setting new new marks for the date.
KPIX First Alert Weather: Current conditions, alerts, maps for your area
Heggen says residents should see a slight decrease in temperatures Saturday and Sunday, but it will still be extremely hot inland. He noted that the National Weather Service has extended the inland Excessive Heat Warning and bayside Heat Advisory all the way through Wednesday, but speculated the extension could be “a couple days too many (especially for the Heat Advisory).”
However, Heggen said temperatures will continue to run above-average, even as the region trends closer to “hot” instead of “crazy hot.”
The Red Flag Warning the East Bay hills and interior mountains of the North Bay has been extended all the way through 9 p.m. Saturday.
Residents are advised to drink plenty of fluids, stay in an air-conditioned room, stay out of the sun, and check up on relatives and neighbors. Bay Area counties have opened cooling centers across the region for those who do not have air conditioning.
The increased fire danger due to the higher temperatures remained evident as crews dealt with several large fires in the Bay Area and Northern California, including the Thompson Fire in Butte County that forced some 28,000 people to evacuate the area around Oroville, and the Toll Fire in Napa County just north of Calistoga.
On Thursday morning, the new Grande Fire broke out in a remote area of Stanislaus County. So far it has burned over 300 acres.
The hot temperatures led to the cancellation of some daytime July 4th festivities (in Antioch and Yountville) and fireworks shows (in St. Helena and Healdsburg), but many holiday celebrations are continuing as planned.
Parks closed Tuesday by the East Bay Regional Park District will remain closed at least through Friday, according to district officials. However, swim facilities and shoreline regional parks were set to remain open through heat event. The district will reassess conditions and provide additional information Friday evening. Information on all the parks closed by the hot weather can be found on the EBRPD website.
Denver, CO
NFL.com’s Prediction for Broncos’ 2024 MVP Might Not Thrill Sean Payton
Denver Broncos Pro Bowl cornerback Patrick Surtain II has admitted this offseason that he plans on making improvements over last year’s performance. There’s little doubt that Surtain appears to be the Broncos’ most talented player, so expecting the 24-year-old to keep getting better is a solid bet.
NFL.com’s Eric Edholm went around the league to pick each team’s 2024 MVP, and Surtain was unsurprisingly pegged to be a new and improved version of himself in 2024.
“Though I admit that this race is wide open, I arrived at Surtain pretty quickly. It was never going to be one of the quarterbacks for me, not until I’ve seen more from Jarrett Stidham or Bo Nix. Receiver Courtland Sutton could be that guy, especially with Jerry Jeudy having been traded to Cleveland, but Sutton apparently remains at loggerheads with the team over his contract, and his production will be dependent on how the QBs perform.
“Surtain isn’t even coming off his best year, to be honest; in 2023, he committed more penalties (six) than he had in his first two seasons combined. He also allowed more receptions than he did in either Years 1 or 2, according to Pro Football Focus. But I believe he has the best chance to be Denver’s MVP in 2024, given the makeup of the offense and the fact that he’s the Broncos’ top defender right now, at least on paper. Surtain was a more reliable tackler last season than he’d been previously, and he’s tasked with containing WR1s on a weekly basis. If he can make a few more plays on the ball, earning this honor wouldn’t be a stretch at all,” Edholm wrote.
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Surtain has never been short on confidence, but the 70-point humiliation the Broncos defense took squarely on the chin in Miami last season was hard to look past. Year 1 under defensive coordinator Vance Joseph in Denver had its ups and downs, which fully tested Surtain’s mental fortitude.
Entering Year 2 in the system, Surtain has the familiarity with Joseph’s defense and what he’s trying to achieve. Surtain has sounded a lot more enthusiastic about the simplistic and attacking defensive scheme the Broncos are going to run under Joseph moving forward.
“It’s great. Vance, obviously, he’s set a great example for us, just believing in us with his playcalls, but also he’s simplifying it even more, so we can play faster, feel comfortable, and that’s the main thing you want in a defense,” Surtain said via Andrew Mason back in June. “We’ve got the utmost belief in Vance, and I know Vance has the utmost belief in us. It goes hand in hand.”
Truth be told, head coach Sean Payton would probably much prefer that Denver’s MVP ultimately ends up being first-round quarterback Bo Nix, rather than anyone on defense. Making any sweeping predictions that Nix will even be the full-time starter would be premature. Training camp will answer a great deal of questions on that front.
It’s generally accepted that Sutton will be the Broncos’ No.1 receiver. NFL.com has a theory that Sutton’s stubborn contractual issues might take him off his stride, but that’s probably being overplayed.
Sutton’s diligent approach to his craft won’t stop him from preparing to the best of his abilities, and that will include a private get-together between Denver’s quarterbacks and receivers for a throwing session or two prior to training camp. The challenge any receiver faces of bonding with a rookie quarterback during the season or with a career backup like Stidham could curtail Sutton’s chances of becoming the Broncos’ MVP.
The decreasing likelihood that Sutton, Nix, or another offensive player will become a dominant force, makes Surtain the heavy favorite for team MVP honors. Furthermore, Surtain will do it the hard way, simply on account of drawing the toughest one-on-one assignments on a weekly basis.
Factor in a looming lucrative contract extension for Surtain, and the Broncos and their star defender have every reason to be massively motivated for this season. All told, that makes Surtain the horse to back in the Broncos’ MVP battle — until someone else throws a wrench in the works.
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