Wednesday, April 01, 2015

David Codrea: Heller Foundation raising funds for machine gun lawsuit



Due to differences with a crowd-sourcing website that had previously been used, a prominent name in gun rights advocacy has taken point on fundraising to support a lawsuit challenging federal restrictions on post-1986 machine gun ownership. The Heller Foundation alerted its supporters in a Friday email and corresponding post to its Twitter feed that it has joined with the plaintiff and his attorneys by promoting, collecting and administering financial support for the Hollis v. Holder lawsuit.

“The Heller Foundation is pleased to announce that it has teamed with Jay Hollis and attorneys Stephen Stamboulieh and Alan Beck to fight the federal restrictions on machine gun ownership,” the foundation elaborated in a case overview post. “District of Columbia v. Heller became the cornerstone for gun owners nationwide to push other important wins through the federal court system. Jay Hollis, Stephen Stamboulieh, Alan Beck, and the Heller Foundation intend to build on those wins in the ongoing battle for the Second Amendment by targeting the National Firearms Act and the machine gun ban.”

More Here

OK: Home Invasion Gunfight; Husband Shoots 2 of 3 Invaders



Eddie Gilmore says as his screaming wife was taken to a back room by a masked intruder who was holding a gun to her head, another intruder told him to get on the floor in the living room. "And I got over between the couch and the coffee table and when I did I went down and put my arm on the coffee table to kind of hide myself and I pulled the drawer open because I had a gun in there," Gilmore said.

That's when, Gilmore says, he started shooting in every direction he could, hitting two of the subjects. The suspects fired back, but neither Eddie or Cindy were hurt.

"They had a gun to her head," Eddie Gilmore said, "They could've killed her and come right in here and killed me if I hadn't had a gun."

More Here

KY: More on Liquor Store Clerk Self Defense


The chief said a man came into Kute's and demanded that the clerk walk to the back of the store.

When the clerk wouldn't do it, the man pulled out a gun and pointed it right at the clerk.

The chief says the clerk then pulled a gun from behind the counter and shot the would-be robber once in the chest.

More Here

Tuesday, March 31, 2015

MS: Passage of 90% Constitutional Carry Appears Likely



After a rocky start, Mississippi appears ready to pass a 90% constitutional carry bill.  Bickering among second amendment supporters seemed to doom constitutional carry in the state early this year.  Hard feelings were ignited between longtime legislative supporters of the second amendment, and serious, unfounded allegations were tossed about.   But it appears that those supporting the second  amendment in the Mississippi legislature have overcome those difficulties and passed a significant reform to restore second amendment rights on Friday, 27 March, 2015.

 SB 2394  started off as an incremental reform to amend the concealed carry permit fees in Mississippi.  It became a vehicle to enact 90% constitutional carry in the state.   It appears that in the conference committee, the legislative leaders realized that all the bickering was about non-issues, and that they agreed far more than they disagreed.   So they added this sensible paragraph to the bill that had already passed the House and Senate.  From SB 2394:
(24)  No license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.
 The photograph at the top of the story is a Sneaky Pete holster designed to look much like a cell phone or tablet holster.  It has proven so popular that the company has started to produce holsters for cell phones as well.  It certainly meets the definition above.  There have long been fanny packs and holsters disguised as day planners as well.  I made and sold a number of book holsters that would also meet the definition.  It appears that SB 2394 is on the fast track.  It has been passed by the House and is expected to easily pass the Senate, according to the clarionledger.com:
The Senate is expected to approve the agreement and send it to the governor.
"Most ladies don't want to carry a gun on their hip for the world to see," said House Judiciary Chairman Andy Gipson, R-Braxton. "Men may, but ladies may not."
Governor Bryant did not waffle or hesitate about his intention to sign the bill when it reaches his desk.
Gov. Phil Bryant said he will "absolutely" sign the bill into law, and noted his wife, Deborah, might find it handy for carrying her Ruger .380.
Observers of the restoration of second amendment rights across the nation may have a difficult time deciding if Mississippi will qualify as a constitutional carry state.  Constitutional carry refers to the situation when the Bill of Rights was ratified, and there were no restrictions on the carry of arms, concealed or openly carried.

As a practical matter, the bill will bring Mississippi so close to constitutional carry as to matter very little.   The bill also reduces the fees for a concealed carry permit from $100 to $80, and eliminates the fees for active duty military personal and disabled veterans.

As John Lott has noted, any reduction of fees results in an increase of permit holders.

With a constitutional carry bill ready to go to Governor Brownback in Kansas, and another bill getting strong support in Maine, 2015 may prove to be a banner year in restoring second amendment rights, in spite of vetoes by Democrat Governors in West Virginia and Montana.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Monday, March 30, 2015

HI: Stabbing was Self Defense

It is almost impossible to legally carry a firearm in Hawaii.  Police Chief refuse to issue permits to carry.

City prosecutors declined to charge a 39-year-old Washington man with attempted murder because it appears the man was acting in self-defense.

A fight at a Waikiki hotel Tuesday sent a 38-year-old man to the hospital in serious condition with multiple stab wounds to his upper body, police and paramedics said.

More Here

KY: Clerk wins Gunfight, Wounds Robbery Suspect



Jeffersontown Police say a white male attempted to rob Kute's Liquors on Watterson Trail Friday night. He pulled a gun and ordered the clerk to the back of the store, but the clerk pulled his own gun as well.

According to police, when the attempted robber pointed his gun at the clerk, the clerk shot him in the chest.

More Here

TX: Car Burglary Suspect Wounded



The caller confronted the subject as he ran back toward the Honda Accord and this subject made physical contact with the victim.


The victim produced a handgun and ordered the subjects to freeze. The passenger subject then started to close the door as the other subject started to drive away. The passenger door struck the victim’s arm, causing the victim to discharge a round, striking the suspect in the right calf. Both suspects then fled the scene northbound on I-35E. The victim was not injured during the altercation.

More Here

TN: Security Guard Returns Fire



Metro police say the trouble started as a group of customers tried to leave. The men got into an argument with another group of men in a car.

Someone in the car opened fire, sending a man to the hospital with a gunshot wound to the leg.

The security guard returned fire. According to Metro police, the guard fired six shots - emptying a small revolver.

More Here

TX: Robbery Suspect Attempts Carjacking, is shot


Police said that Darion Washington-Green, 23, went into the Snappy Foods and demanded money. An unknown witness saw what was happening and took the keys from Washington-Green's car. Washington-Green saw the person and attempted to get in another car with an unknown person. There was an altercation, and Washington-Green was shot in the leg.

More Here

MT: Governor Bullock Vetos Constitutional Carry



Governor Bullock (D) of Montana vetoed constitutional carry, HB 298.   It seems that he did so on Friday the 27th of March.  He did not give a good reason for the veto; he simply applied the "we require a permit for everything else" excuse.  Perhaps we need to rethink this excessive requirement for permission from the state before we engage in our daily lives.  Five states have constitutional carry, and there is no evidence that it causes any problems.  Governor Bullock recommended that the gun muffler reform in HB 250 be improved to include all legal hunting.  It is unknown if there will be time for the legislature to amend the bill, pass the bill again, and return it to the Governor.   From greatfallstribune.com:
Bullock also vetoed House Bill 298, sponsored by Rep. Bill Harris, R-Winnett, which he said would eliminate Montana's concealed weapons permit process and is an "absurd concept that threatens the safety of our communities by not providing for the basic fundamentals of gun safety or mental health screening."
Governor Bullock is, at a minimum, mistaken.  HB 298 would not have eliminated Montana's concealed weapons permit process.  It would only have removed legal restrictions from carrying concealed without a permit.  The permit system itself would not have been changed.  It should be noted that if we agreed with the Governor's assumptions about the nature of reality, then no one would be allowed to own a firearm without Government permission.   It is hard to believe that Governor Bullock does not know that his "absurd concept" is the law in over 98 percent of Montana, and has been for some time. 

It is unlikely that there will be any attempt to override the veto.  HB 298 passed with strong margins, but far from veto proof ones.  The bill passed the Senate 28 to 21.  It passed the House 56 to 43.   

Governor Bullock won a squeaker of an election in 2012 with 48.9 percent of the vote, while the Republican candidate received 47.3%.  The Libertarian candidate got 1.75% of the vote, more than twice the difference between the two major candidates of 7,571 votes. 

Governors are a target in gutting popular gun reforms because they are a focal point where media pressure and billionaire money can be brought to bear.   It may be that a similar phenomena occurs when local officials go to federal office.  Suddenly, the focus of the old media is on them, and all the power of the progressive establishment it used to convert or defeat them.

If you must ask the government for a permission, it is no longer a right.  Governor Bullock joins Governor Tomblin (D) of West Virginia, who also vetoed a constitutional carry bill this year.

One Democrat Governor, Governor Beebe of Arkansas, has signed a constitutional carry bill that restored carry rights to what they were when the Bill of Rights was ratified.  But there is good evidence that he did so by accident.  Some Republicans have vetoed constitutional carry bills, notably in South Dakota and Utah.  But Republican Governors have signed constitutional carry bills in Alaska, Arizona, and Wyoming.  The Kansas constitutional carry bill will be going to Governor Brownback soon.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TN: Worker at Auto Dealership Shoot Robbery Suspect Twice



A worker at Miller Auto Sales shot a would-be robber twice in the chest Thursday when the man burst into the store wearing a mask and brandishing a gun.

(snip)

The suspect, who has not been identified, was shot twice in the chest and was taken to a local hospital in critical condition. He underwent emergency surgery and was still alive Thursday afternoon.

From a later article:

Police say the fatal shots that 27-year-old Alan Miller fired on Thursday afternoon were justifiable.

Miller shot a man twice in the chest as he attempted to rob Miller Auto Sales, located at 4314 Rossville Blvd. Police say the shots Miller fired were in self-defense, and charges will not be filed against him.
More Here

AZ: Second Amendment Friendly Verizon Store



I had been meaning to update my phone for a long time.  I probably should have done it four years ago.  Finally, circumstances pushed me to do this necessary task.   Due, in part, to the insane federal restrictions on gun mufflers, I have suffered significant hearing loss.   I wanted certain technological inclusions with any hearing aids that I would use, and technology has caught up to my desires.  My audiologist and I came up with a solution that met my requirements, but the phone that matched up best was Apple's iPhone.  So I went from a five year old flip phone to the iPhone 6 plus.

My audiologist wanted to help me with the software end of the iPhone connection.   My audiologist is a former concealed carry student, so we had already developed a high level of trust.   I ended up at the Verizon store with an hour to get the phone, the upgraded plan, change over my contact list, and get to the audiologist appointment.    As usual, I was open carrying my Glock 17. 

The people at the store were great.  No one blinked at my holstered pistol, and the representative assigned to me was named Kace.   Kace had served in Yuma as a Marine.  Kace was enthusiastic about phones and guns.  He was teaching his wife to shoot pistols.  The representative on the other side of the counter next to us noticed my holstered pistol.  She decided to make a comment.

She said: "I love your pistol!   "I have a Glock 23, and I really like it a lot."  She thought it was very cool that I was open carrying.

The service was good, I accomplished what I needed to do, and left the store.  I decided that an article about the interaction was worthwhile, so I grabbed my camera from the truck and headed back to the store.



Just inside the door, I found the store manager.  I let him know what I wanted to do, and agreed not to take pictures of store employees.  He said that he had just purchased a Hi-Point carbine in .40 cal, and owned a Glock.  We both agreed that the Hi-Point carbine was a good value for the money.  I mentioned that I had one in 9mm.  He said that he was saving up for an AR-15 clone.  I took some pictures of the iPad that I ended up getting a deal on...


I cannot say that I am a happy with all of Verizon's market decisions, but I have to give them credit.  Sometimes being big just works.  They have treated me well; the service was great in a busy store; and I could not ask for a more second amendment friendly environment.

Kace did well by me, and deserves credit for doing a good job.  Heck, as a retired DOD guy, Verizon even gives a 15% discount.

I have to admit: I am being sucked into the Apple ecosystem.  I love my iPhone, even though the learning curve is steep.  

The military trilogy of necessities holds: you have to be able to move, shoot, and communicate.  With smart phones and the Internet, we have communications like never before.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

GA: Iconic Picture of Modern Crime Prevention


In Cobb County, Georgia, a passerby took this iconic picture of modern crime prevention.  In it, a bank robbery suspect, a black male millennial, is being held at gun point by a white haired and fit member of what appears to be the boomer generation.  It is clear that the armed boomer knows what he is doing and has the situation well in hand.  The iconic nature of the picture is enhanced in that it was taken by an ordinary citizen turned reporter/photographer on the instant.

While not certain, the pistol used to stop the crime may well be the pistol of the new millennium, the ubiquitous and reliable Glock.  From myfoxatlanta.com:
Police say 25-year-old Mark Katchem walked into the bank, and slipped a note to the teller demanding money. A customer, who was inside, noticed what was going on, followed the alleged crook out the door, then ran to his car and grabbed his gun.

Police say the customer ordered Katchem to the ground and held him there at gunpoint until police arrived. Nick Daley was driving by and took a photo of what was happening.
Recording devices and phone cameras are likely doing as much to reduce crime rates as armed citizens are doing to stop it.  As the number of armed citizens and recording devices have both increased by huge numbers in the last 30 years, the crime rate has dropped precipitously.


What has become clear is that guns do not cause crime; widespread ownership of guns may help reduce crime; and the carry of guns by responsible people can often result in crimes being stopped.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Sunday, March 29, 2015

Advances in firearms civil liberties could be made with proposals in Legislature, Congress


Imagine what it would be like to live in a state where people didn’t need a government-issued permit to carry a firearm.

Would there be shootouts on the street? Gun crime rates soaring? Danger lurking around every corner?

Or would it be like every other day here in Maine — where no permit is required to carry a firearm that is openly displayed, and gun crime rates are far below the national average.

More Here

MI: Store Owner Loses Gunfight, Wounded Attacker Escapes








CLINTON TWP. (WWJ) - A Macomb County business owner is dead and his killer is on the loose after a shootout at a party store.

The situation unfolded around 11:30 p.m. Thursday when a masked man walked into Bernie’s Market on Garfield Road, just north of 17 Mile Road in Clinton Township.

More Here

TX: Garland Home Invader Shot during Gunfight

“When officers arrived, they were told several men had come inside the home to rob them,” stated Garland Police Department Public Information Officer Joe Harn. “During the attempted robbery, shots were exchanged between the robbers and the homeowner.”

No injuries were reported for the individuals who live in the home but police say one of the burglars had been shot.

More Here

TX: Man Shoots at Police in Misunderstanding

No charges yet.  I suspect that there will not be any.

DALLAS (CBSDFW.COM) - Law enforcement officials in Dallas have a man in custody after he fired shots at police officers early Friday morning. But the situation turned out to be a misunderstanding. It happened at about 2:30 a.m. in the 10700 block of C.F. Hawn Freeway.

This is the location of Concrete Construction, a business that was struck by burglars on Wednesday.

More Here

NC: 71-Year-Old Shoots Attacker outside Rural Home

It appears the 71-Year-Old homeowner was the victim, not the attacker.   Just because a robbery and assault suspect was shot does not make them the victim.
According to Heckman, the homeowner went back inside, and when the homeowner came back outside the younger male was still there. Heckman said a fight then happened.

"The victim pulled out a gun, the 71-year-old pulled out a gun and shot the 31-year-old attacker," said Heckman.

More Here

WA: Potential Self Defense at Bar


Police arrived at the bar at 750 21st St. around 11 p.m. and found a man who’d been shot in the stomach or chest a small caliber pistol. Medics transported the man, Benjamin F. Phares Jr., 49, to the hospital for treatment. He is out of surgery and now listed in serious condition.

A video captured by a bar patron shows three shots were fired at Phares while he was aggressively threatening a bar patron. The man who shot him was also transported to the hospital and taken into police custody, but was later released.

More Here

TX: Neighbor Shoots Attacking Pit Bull


The father and daughter were able to pin the dog down. Another neighbor heard the screams, came out of their home and shot the dog. The owner fled the scene after the shooting.

More Here

TX: Man Shoots former Comrade, Claims Self Defense


The owner retreated to his bedroom and said he opened fire in self-defense when the roommate came at him again, police said.

Police said the man who died was a military friend of the tenant who shot him, and he was only staying at the apartment temporarily.

More Here

NC: Man Shoots Abusive Father in Self Defense



RANDOLPH COUNTY, N.C. —A 21-year-old man won't face charges for shooting his father Thursday after Randolph County deputies said he acted in self-defense.

Mitchell Grant Barr, 51, was found shot around 12:40 p.m. on Parrish Farm Road near Old Mountain Road south of Trinity. Barr was taken to the hospital for treatment of a gunshot wound to the knee.

More Here

Saturday, March 28, 2015

WI: Woman shoots man Assaulting Daughter



A 38-year-old woman shot and wounded a man who was physically assaulting her daughter Wednesday on Milwaukee's north side, police said.

More Here

TX: Man Retreats to Apt, Shoots Assailant



Police said the victim was with several other people when he got into an argument with another man in the group who lived at the complex. When the argument escalated into a fight, the resident went into his apartment. The other man followed him and apparently tried to assault him either at the doorway or inside the unit. That's when, police said, the resident grabbed a gun and shot the man.

More Here

TX: Armed Man Fires Shots in Self Defense


Officers were dispatched to the business for a disturbance. Several people were involved in a fight which happened about 8:30 p.m. One guy pulled out a gun in self-defense, according to officials.

Multiple shots were fired by the victim. No injuries were sustained as a result of shots fired.

More Here

PA: Three shot, Two Dead in Robbery attempt



PHILADELPHIA (CBS) – Police say two people are dead after a robbery that went wrong resulted in a triple shooting Thursday night in West Philadelphia.

This happened just before 10:30 p.m. on the 5400 block of Media Street.

Police say two men in their twenties got off the trolley at 56th and Lansdowne Avenue and headed toward Media and Conestoga when two other men approached and announced a robbery.

More Here

OH: Andre Jackson found Not Guilty without Jury Trial



CLEVELAND, Ohio - A 52-year-old man who fatally shot his neighbor after a front-yard fight about leaves and debris was found not guilty Wednesday by a Cuyahoga Common Pleas Court judge.

Andre Jackson of Bedford Heights was charged with murder in the death of Michael Davis. What started as an altercation about debris in the front yard ultimately ended up in a situation where - defense attorneys argued - Jackson felt threatened, and had no choice but to shoot.

Defense attorney Andy Petropouleas said the front yard fight was just the latest in a string of confrontations. Petropouleas described Davis as a neighborhood bully with a long history of causing trouble on what is otherwise a sleepy suburban street.

More Here

Friday, March 27, 2015

Breaking: Peruta to be Heard En Banc



The commonsense ruling that the second amendment applies outside of the home in the Peruta court case in the Ninth Circuit will now be decided by a hearing of an en banc panel of the justices of the Circuit.

Decided in favor of the plaintiff, procedural motions eventually led to a at least one judge calling for the en banc hearing, sua sponte.  Thought to be unlikely because of both the clear ruling and the rarity of en banc hearings, the Ninth none the less voted to hear the case en banc.  The notice of the vote was published on Thursday, the 26th of March.  Here is the notice(pdf) that was published:
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying
motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.
Peruta has already been cited in several cases, notably in cases involving the issue of carry permits in Hawaii, Washington D.C. and in counties of California other than San Diego.

It was cited in a case that struck down regulations of the Army Corps of Engineers in Idaho.

Now a panel of judges will be selected from the Ninth Circuit, and will reconsider the ruling.  The Ninth Circuit is large, so the panel will not consist of all justices but of 11 justices chosen at random.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


OH: Man Stops Burglary, Shoots, Kills, one Intruder



CLEVELAND, Ohio - A Cleveland man fatally shot an intruder after arriving home during a suspected burglary, police said.

The shooting happened about 5:45 p.m. Tuesday on Walden Avenue near East 169th Street.

The homeowner, whose name and age have not been released, discovered two males inside his home. During a confrontation with the suspected burglars, the homeowner brandished a gun and fired at both of them, police said.

One suspect fled the scene. The other suspect, a 19-year-old Cleveland man identified by the county medical examiner as Joseph W. Eason, was shot.

More Here

OH: Man with Gun Stabbed, but Kills Assailant



It happened around midnight Wednesday in the 1500 block of Loretta Avenue, just off of Cleveland Avenue.

Daniel Shunn, 33, told police his roommate, Ray Miller III, 39, attacked him with a knife, stabbing him in the stomach. That's when Shunn says he shot Miller.

Miller was pronounced dead at the scene.

More Here

FL: Shooter Found not guilty after 4 years in Jail; Driver serving 30 year Sentence in convoluted case


In a bizarre domestic case in Florida, a jury has found the man who shot and killed his former girlfriend's boyfriend and severely wounded her, not guilty.  The father of the girlfriend's four children drove the shooter to and from the shooting, and had been the employee of the shooter.   The driver was also a convicted felon.  The shooting occurred in 2009.  The driver was convicted in 2010 and is serving a 30 year sentence for being an accessory to murder, after the fact.  From tbo.com:
A jury last month found Eric William "Scooter" Bazemore guilty of the Sept. 13 attempted murder of Shirley Sexton, the mother of his four children.

He was acquitted of the first-degree murder of Sexton's new boyfriend Eric Brewer, but Bazemore was convicted of being an accessory after the fact to both shootings.

Circuit Judge Daniel H. Sleet rejected appeals for leniency by Bazemore's family.

Bazemore told authorities William Previtt fired the shots. At first, he said he saw the shooting. Later, he said he drove Previtt to the couple's home where they were shot in the driveway, but never knew what Previtt planned.
 But a jury found William Privett "not guilty" in 2015.  He had been held in jail for four years, but was released on bond in 2013.   From tbo.com:
TAMPA — William Privett, the Ruskin landscaper who claimed to have shot his ex-girlfriend by accident and killed her new boyfriend in self defense, was acquitted of first-degree murder Tuesday.

The jury took about 45 minutes to make a decision, defense attorney Barry Cohen said.

“In this case, justice prevailed,” he said.

Privett, 57, was accused of murdering Eric Brewer and shooting Shirley Sexton five times while she was sitting next to Brewer in a car. The shootings happened in 2009.
Bazemore, the driver, was a convicted felon before the shooting, which is what contributed to his 30 year sentence.  Privett said that he was there to retrieve property that had been stolen from him in a recent armed home invasion, where he said that he had recognized Brewer and Sexton.  Privett was also said to have had an affair with Eric Brewer's wife.  Privett had been charged with domestic violence and with threatening Sexton earlier.  From tbo.com:
Sexton and Previtt's relationship was also stormy and featured patterns of escalating violence, court records show. In January 2006, Sexton was cut by a rock thrown at her face. Previtt was charged in the incident, but Sexton did not press charges, records show.

Fourteen months later, Previtt grabbed Sexton during an argument about dinner, pushed her into a wall, pulled out a gun and threatened to shoot her and her two children, sheriff's spokeswoman Debbie Carter said.

Prosecutors say charges against Previtt were dropped after Sexton refused to cooperate.
Eric Basemore's, the driver, convictions were appealed once, and a new trial ordered.  from findlaw.com:
Eric Bazemore appeals his judgments and sentences arising from his involvement in a murder and an attempted murder. We reverse his judgment for attempted second-degree murder and remand that offense for a new trial. We affirm his judgments for accessory after the fact to first-degree murder and accessory after the fact to shooting into a vehicle. Because the reversal might affect Mr. Bazemore's sentences on the two judgments that we affirm, we reverse all of the sentences.
It is unknown if another appeal is planned.  How can a person be convicted of being an accessory after the fact, in a case where the principal is found not guilty?  We have a person serving a 30 year sentence for accessory after the fact to a crime that has now been found by a jury not to be a crime.  None of the people involved in this convoluted criminal construction seem to be exemplars of public or private virtue.  People who commit crimes are often victims of other criminals.   The permutations of sex, violence and crime in this case are enough to provide plots for a dozen crime novels.

It is the first such case that I have heard of, but there may be others.  Perhaps there is precedent.  Comments from knowledgeable lawyers are welcomed.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Thursday, March 26, 2015

Constitutional Carry Passes Kansas House




SB45, the Kansas constitutional carry bill, has passed the House of representatives with a veto proof margin of 85 to 39.   Some technical amendments were added in the House Committee of Federal and State Affairs, so the bill may have to be confirmed in the Senate before it is sent to Governor Brownback.

It is doubtful that there will be any difficulty if a Senate vote is required, as the bill passed the Senate with an overwhelming, veto proof margin of 31 to 7.

If the bill goes to Governor (R) Brownback, this will be the third year in a row that Governor Sam Brownback has been presented with gun law reform legislation.  He signed a previous bill in April of 2013 and a year ago in April of 2014.

A constitutional carry bill passed  the West Virginia Legislature with large veto proof margins on March 14th, only to be vetoed by Governor (D) Tomblin a day after the legislature adjourned, on March 20th.  

In Montana, another constitutional carry bill has made it to the desk of Democrat Governor (D) Bullock, where it currently sits.

A Constitutional carry bill in South Dakota passed the House with veto proof margins, only to be killed in a Senate committee.  Another constitutional carry bill had been passed by both the House and Senate in 2012, only to be vetoed by Governor (R) Daugaard.

A Democrat did sign a Constitutional carry bill in Arkansas in 2013, but it appears that Governor Beebe did not realize it when he signed HB 1700 into law as Act 746.   Here is a quote from a Democrat web  site.    From thecabin.net:
Last week Matt DeCample, Beebe’s spokesman, told an online news website that the governor did not interpret the law as allowing citizens to carry firearms openly in public places. “You’re not talking about a legal interpretation. You’re talking about one interested party,” he said.
The law actually did much more than that.  It eliminated penalties for carrying a firearm unless it was carried with an intent to use it illegally.  That is by definition what constitutional carry is.

If it is not against the law, it is legal.  That is the heart of the philosophy of
the United States legal system.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

FL: Attempt to Ban Shooting on most Private Property Fails



An attempt to ban shooting on private property was stopped in the House Criminal Justice Subcommittee, with a vote of 5-8.   From theledger.com:
Under current Florida law, it is a crime to "recklessly or negligently discharge a firearm" outdoors on any property used primarily as a residence or zoned residential.

Rouson's bill would have stripped the words "recklessly" and "negligently," from the law, as well as the mention of "outdoors," effectively banning shooting on a residential property under many conditions.
The bill bill did far more than what was mentioned in the article.  It was a blatant attempt to stop nearly all shooting on private property,  in urban, suburban, and rural areas.   From the bill, HB 623(pdf):
(2)
A person who discharges a firearm for target practice
32 or recreational purposes within 1,000 feet of a person or
33 developed real property, other than at an authorized sport
34 shooting range that meets the standards of the National Rifle
35 Association for gun safety and shooting ranges as provided in
36 the 2012 edition of the NRA Range Source Book or on a property
37 expressly approved for hunting by the Fish and Wildlife
38 Conservation Commission, commits a misdemeanor of the first
39 degree, punishable as provided in s. 775.082 or s. 775.083.
If you are shooting, and there is another person within 1,000 feet of you, you would be in violation.  If there was a pole shed within 1,000 feet of you, would be in violation.   No private property in Florida is "expressly approved for hunting by the Fish and Wildlife Conservation Commission". 

Notice how this bill turns the fundamental concept of government on its head.  It is a consistent theme with disarmist laws.  The fundamental philosophy of American government is that if it is not forbidden, it is permitted.  The Statist philosophy is: If it is not permitted, it is forbidden.  There is an entire universe of difference between the two.

There have not been *any* problems with the current law.  There has not been even one case brought against someone for reckless and or negligent discharges by prosecutors under the current law.   Not one was mentioned in the testimony for the passage of the bill.   Both sides, proponents and opponents, would have searched diligently to attempt to find that one example. Not one was found.

What we have, yet again, is disarmists attempting to create a problem where none exists, in order to restrict second amendment rights.  It happened with the banning of short barreled rifles and shotguns in 1932.  It happened with switchblade knives in 1958.  It happened with nun-chucks in the 1980s and with so called "assault weapons" in 1994.

It did not happen with shooting on private property in Florida 2015, thanks to common sense, some Florida legislators, and grass roots opposition.

What is worrisome is that five legislators voted to violate peoples rights on a made up non-issue, including one Republican, Chris Latvala (R-St Petersburg). 

It shows the power of the old media that this bill was even considered, and the power of the new media and the grass roots that it was killed so quickly.

Definition of  disarmist 

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

UT: Armed Citizen Hold Knife Wielder for Police


SALT LAKE CITY — A civilian risked his own life to save a man from being attacked by a suspect with a knife in Salt Lake City.

The incident occurred on March 17 at the intersection of North Temple and 800 West.

“I was just in my car on North Temple, I saw a guy pull a knife on another guy, a fight ensued, the guy with the knife was swinging it several times at the unarmed person,” said Nick, the civilian, who declined to give his last name.

More Here

MT:Shooting of Son in Law Ruled Justified



In addition to Cody and Olbekson, at least one other person witnessed the shooting. One of Cody’s children, in his bedroom inside the house at the time, reported hearing Roloff screaming at Cody prior to the shooting.


Further evidence indicated the shooting took place on the porch and that the gunshot wound was made from very close range, if not in actual contact with Roloff’s body.


“That is consistent with Roloff lunging at Olbekson as Olbekson and Cody stated and consistent with his being on the porch, where Olbekson and Cody said he was shot and blood spatter evidence was located,” Cassidy wrote.


In the end, Cassidy’s decision is that Lois Olbekson was justified in shooting and killing Michael Roloff under Montana’s self-defense rules.

Wednesday, March 25, 2015

NV: Expanded Reciprocity Bill Passes Senate




In  Nevada, SB 175 passed the Senate.  The bill is a general gun law reform bill that passed 14 to 5 with 2 excused.    The bill changes the reciprocity law in Nevada in a significant way.  From SB 175 (pdf):
Sec. 4.5. NRS 202.3689 is hereby amended to read as follows:
202.3689 1. On or before July 1 of each year, the Department
shall:
(a) [Examine the requirements for the] Determine whether each
state requires a person to complete any training, class or program
before the
issuance of a permit to carry a concealed firearm in
[each] that state . [and determine whether the requirements of each
state are substantially similar to or more stringent than the
requirements set forth in NRS 202.3653 to 202.369, inclusive.
]
(b) Determine whether each state has an electronic database
which identifies each individual who possesses a valid permit to
carry a concealed firearm issued by that state and which a law
enforcement officer in this State may access at all times through a
national law enforcement telecommunications system.
(c) Prepare a list of states that meet the requirements of
paragraphs (a) and (b). A state must not be included in the list unless
the Nevada Sheriffs’ and Chiefs’ Association agrees with the
Department that the state should be included in the list.
(d) Provide a copy of the list prepared pursuant to paragraph (c)
to each law enforcement agency in this State.
2. The Department shall, upon request, make the list prepared
pursuant to subsection 1 available to the public.
The bill would eliminate the "substantially similar" language and substitute a requirement that training was required in order to obtain a permit in another state.  This would likely increase the number of state permits  that are recognized by Nevada significantly.  Here are the States that Nevada currently recognizes:
  • Alaska
  • Arkansas
  • Idaho "Enhanced" Permit*
  • Illinois
  • Kansas
  • Kentucky
  • Michigan
  • Nebraska
  • New Mexico
  • North Carolina
  • North Dakota "Class 1" Permit*
  • Ohio
  • South Carolina
  • Tennessee
Nevada has a very unusual qualifier.  It requires the Nevada Sheriffs' and Chiefs' Association to approve of any state on the list compiled by the Department of Public Safety.   This is a very strange delegation of considerable power to a non-elected entity that is by nature, private.  It is rather like putting into law that the State Bar Association will decide what judges are picked to be on the bench.   I have not seen the power abused; but it seems a poor precedent to give an organization of law enforcers the ability to decide what the law is.

An article from a Nevada paper indicates that passage in the Assembly is likely.  From reviewjournal.com:
CARSON CITY - The Nevada Senate on Monday passed legislation prohibiting domestic violence abusers from possessing guns and making it easier for gun owners in other states to carry a concealed weapon in Nevada.

Senate Bill 175 also adds an occupied vehicle to Nevada law involving justifiable homicide. It passed on a vote of 14-5 with some Democratic support and now moves to the Assembly, where passage in the Republican-controlled chamber is likely.
 It seems likely that Governor Brian Sandoval would sign the modest reform.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Montana utility lobbies to stop a referendum expanding gun rights


Lobbying lawmakers for a rate hike is one thing, but now Montana’s biggest electric and gas utility is battling to block a referendum on expanding gun rights.

Publicly regulated NorthWestern Energy contends the measure would make it harder to keep their workplaces weapons-free. But the Montana Shooting Sports Association accuses the utility of sticking its nose into a political debate where it doesn’t belong.

“NorthWestern is opposing a bill that has nothing to do with their corporate mission delivering electricity to its customers,” the group’s Gary Marbut told FoxNews.com Monday.

He claimed NorthWestern’s opposition was contrary to the interests of its 542,000 gas and electric customers in Montana, most of whom are avid gun owners and hunters.

More Here

SD: Constitutional Carry Killed by Senate Committee



On the first of February, 2015, I wrote about a gun law reform bill introduced in the South Dakota House.   The bill included a number of reforms, including removing the restriction on the legal carry of concealed firearms by people who could legally own firearms.  The bill passed the House 44 to 23 on the 10th of February, 2015.   The bill looked like a shoo in to pass the Senate, with Republicans in the majority in the South Dakota Senate, with 27 Republicans and 8 Democrats.

But there have been a number of Republicans who are not interested in reasonable reforms of gun laws.  In the Senate Judiciary Committee, the bill was killed a month ago, on February 24th.  As is common when legislators want to hide an unpopular decision, the killing was shrouded in legislative code.  The actual vote was to defer the bill to the 41st legislative day, by 5 to 1.

From another article about another bill, the South Dakota site brookingsregister.com explains what deferring to the 41st legislative day means:
Deferring a bill to the 41st legislative day is really a way to kill it, because there is no 41st day in the legislative session. This year's legislative session is scheduled to go only 38 days, and no session is supposed to exceed 40 days.
 So, in the South Dakota legislature, voting to "defer to the 41st legislative day" is a way to dissemble about killing the bill.  The people who voted to kill the bill are recorded here, at sd.gov:
 MOTION:    DEFER HB 1116 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heinert

Second by:    Novstrup (David)
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Bradford, Heinert, Rusch, Novstrup (David), Tieszen


Voting No:    Monroe


Excused:    Vehle
Here is some more information about the people who killed the bill in committee, their political parties, and their districts.   Bradford(D) 27,  Heinert(D) 26, Rusch(R) 17, Novstrup(R) 03, Tieszen(R) 34

The lone Republican to vote for the bill was Jeff Monroe(R) district 24.

Removing the legal restrictions about carrying firearms from people who can legally own firearms has gained favor in recent years, but those who dislike the idea of armed citizens have been vigorously fighting the concept.  From 2003 to present, the number of states with constitutional carry increased from one to five.  Fourteen states have been considering bills in 2015.  West Virginia passed a bill, to have it vetoed by the Democrat Governor, Earl Ray Tomblin.  Another bill has passed the Montana legislature and is on Governor (D) Bullock's desk.   At present, Kansas looks like the most likely state to pass such legislation into law this year.



In the green states in the graphic above, if it is legal to own a gun, it is legal to carry it openly or concealed without any special permission from the state.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Florida 'PolitiFact' Shows its Bias on Gators and Guns



A recent article by a person on a web site misnamed "PolitiFact Florida" did some interesting checking of a claim in the current debate about allowing people with concealed carry permits to carry on Florida campuses, as they do in most other places in Florida.  As part of the testimony for the bill, Florida Students for Concealed Carry made the following claim:
"According to the state of Florida, you are almost twice as likely to be attacked by an alligator than by someone who happens to carry a conceal-and-carry permit."
PolitiFact Florida's Amy Sherman decided to check out the claim.  I think she did a pretty good job of checking.  She found that there were no good figures for the number of "attacks" by people with concealed carry permits, but there were numbers for alligator bites and for revocations of permits based on misuse of firearms, and that gator bites were more common than revocations of concealed carry permits for misuse of firearms.  As "attacks" by a concealed carry holder would likely be some subset of "misuse" it appears that she discovered that the fact was mostly true.  She writes:
But overall, alligator bites happen more often than the revocation of gun permits for misuse of firearms.
That is when she goes all politically correct and comes up with exactly the opposite conclusion:
 We find the statement has an element of truth but ignores other information that would give a different impression. So we rate it Mostly False.
Factoids such as the above are used by all political groups to give flavor and context to their arguments.  I would think that a website that is supposed to check facts would be concerned with well, facts, rather than determining that a fact does not agree with their overall impressions.

But maybe PolitiFact Florida really isn't all that interested in facts, but in pushing their own political agenda.   PolitiFact Florida.com is owned and operated by the Tampa Bay Times.  Three days before Amy Sherman reached for her "mostly false" opinion, the Tampa Bay Times published an editorial positon against the campus carry bill:
 The effort to replace the freshman beanie with a Beretta is the handiwork of the National Rifle Association, which apparently won't be content until every Floridian is allowed to drive to the convenience store in a Toyota pickup truck fitted with a .50-caliber machine gun.
Observers might be excused for wondering if the editorial position of her paper might influence Amy Sherman's rating of the facts.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Tuesday, March 24, 2015

AL: Police Praise man who shot Burglar's Tires


But Foster didn't stop there. He was making sure this thief didn't get away.

"I took my gun and told him I was going to hold him at gunpoint 'til they got here. But when he came out he jumped in the car and took off. I shot his back tires out and I shot the back window out," said Foster.

Police were able to get the suspect before he even made it out of the neighborhood.

(snip)

Jones got all of her belongings back and Odenville Police Chief Adam Pardue said he wishes more people were like Foster. Some are even calling him a hero.

More Here

AZ: Son attempts to Murder Mother; is shot by Stranger

PHOENIX (KPHO/KTVK) -

A Glendale woman is coping with the death of her 29-year-old son and the fact that he tried to kill her.

A neighbor she doesn't know ended up saving her life by fatally shooting him.


(snip)

"And then he proceeded to get into the car and started stabbing me and slashing at my throat, telling me that he was going to kill me," Mendez said through her tears. "He grabbed within the wound itself that he had created with his bare hands and he started pulling at my esophagus."

More Here

KY: Grandfather Shoots man who attempteed to Kidnap his Grandchildren

A Frankfort man says he was protecting his grandchildren from a being kidnapped when he shot a stranger on Saturday evening.

Robert Redmon told LEX 18 that he was working in the yard outside of his home on Bellemeade Drive, when an intoxicated stranger walked up his driveway and approached Redmon's three grandchildren, ages 4 to 8.

More Here

TN: Armed Woman Drives Knife Wielding Intruder

A woman told police that she pulled a gun on an intruder after he pushed his way into her north Knoxville apartment and tried to cut her hair.

More Here

NM: Homeowner Shoots Intruder



ALBUQUERQUE (KRQE) – Police say a homeowner shot and killed a man who was allegedly trying to break into his home around 1 a.m. Monday in southwest Albuquerque.

Tanner Tixier of the Albuquerque Police Department said when officers arrived at the home on Santa Fe SW, they found a man who appeared to be dead with a knife near his body.

More Here

Amendment to be Filed for 2A Case in Northern Mariana Islands



The Second Amendment case of the Radich family in the Northern Mariana Islands suffered an unexpected setback earlier this month.  A judge in the U.S. District Court dismissed the case.  From stripes.com:
Earlier this month, a U.S. District Court judge dismissed the case because the Department of Public Safety commissioner does not have jurisdiction over importation of handguns into the Northern Marianas. The judge gave the Radiches the option to continue their suit by filing an amended complaint that includes the import ban and names the Customs Service as a defendant.

The amended complaint is expected to be filed before Tuesday.
The ruling was unexpected, because there are alternate methods to obtain handguns other than by importing them.  Handguns could be made in the Islands, they may already exist there, but not be capable of being registered legally.  Michel and Associates, the firms that is representing the Radiches, has not yet filed an amended complaint.

A second lawsuit filed by another veteran is proceeding separately.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

GA: Shooting Ruled Self Defense after two Years



SOUTH FORSYTH — Some two years after an early morning shooting at a Forsyth County RV park left one man hospitalized and his next-door neighbor in jail, a judge ruled that the suspect acted in self-defense.

Earlier this month, Chief Forsyth County Superior Court Judge Jeffrey S. Bagley found that James Adams Dunleavy, 28, was defending himself when he shot fellow Twin Lakes RV park resident Aubrey Zander, 30.

More Here

PA: CCW Holder Saves Lives in Barbershop Gunfight


PHILADELPHIA (CBS) — Police say the lives of several people were likely saved by a man who shot and killed a gunman inside a West Philadelphia barbershop.

(snip)

“The person who responded was a legal gun permit carrier,” said Philadelphia Police Captain Frank Llewellyn. “He responded and I guess he saved a lot of people in there.”

More Here

IN: Brother Breaks in, is Shot, Killed


The caller told police that the rear window of his home had been broken by someone trying to get in. The caller then encountered the intruder and shot him, police said.

Investigators later learned that the intruder was the homeowner's brother. He was pronounced dead at the scene.

(snip)

Police said the deceased brother had prior felony convictions and had been arrested for possession of a handgun and possession of stolen property.

More Here

Monday, March 23, 2015

IL: CCW Holder Shoots at Stolen Mini Van, is Arrested



Officers responded to meet with Cruz and take down a report, police said. Cruz, who has a conceal carry license and a FOID card, left to search for his vehicle armed with a handgun, police said.

A few minutes later, Cruz saw two males in his vehicle two blocks away, in the 4100 block of West Cullerton, police said.

He opened fire on his own minivan with the two people inside, who got out and ran away, Cook County prosecutors said at a bond hearing on Sunday. No one was hurt.

More Here








MT: Utility Company Lobbies against Gun Reform Referendum

 John S. Fitzpatrick, NorthWestern Energy

NorthWestern Energy is a publicly regulated utility that supplies electricity, natural gas, and has coal and telecommunications operations across a broad swath of Northern states.  The company lobbyist, John S. Fitzpatrick, recently testified against a proposed bill to allow a gun reform referendum to be voted on in Montana.  Referendum that enhance the protections of the right to keep and bear arms have proven popular in a number of states.  The referendum would allow people to sue government entities that infringe on their rights to keep and bear arms under the Montana Constitution.  One might ask, what does this have to do with a utility company?

Fitzpatrick claimed that the referendum would allow people to sue NorthWestern Energy, which has a "no guns" policy on company property.  When I read the proposed referendum, HB 598,  I could see that if you squinted just right, and stretched just so, you might be able to interpret it in that way.

The proponent of the bill and its sponsor both said that was not the intent, and that they would insert language to clarify any ambiguity.  You can look at the bill and see that they did exactly that.  From leg.mt.gov:
(2) A person whose right to bear arms has been burdened, or is likely to be burdened, in violation of subsection (1) may assert the violation or impending violation as a claim or defense ONLY AGAINST THE STATE in a judicial proceeding, regardless of whether the state or one of its political subdivisions is a party to the proceeding. The person asserting the claim or defense may obtain appropriate relief, including but not limited to injunctive relief, declaratory relief, and compensatory damages.

But there seems to be more going on here.  From the missoulian.com:
“You can talk all you want about the state establishing a compelling right to take away gun rights, and that’s going to fail miserably, in the context of someone saying, `All this bill does is allow kids to bring guns to school,’ ” Fitzpatrick said. “And once that process gets in place, it’s going to be a death spiral for this referendum.”

Both Monforton and Marbut said this week that NorthWestern is misleading legislators about HB598, because it applies only to state actions against gun rights, and not private companies.

Fitzpatrick said NorthWestern and its attorneys disagree, and noted the bill also is opposed by the state Chamber of Commerce, the Montana Petroleum Association, banks and credit unions, which fear it could be used to challenge company policies against firearms.
Fitzpatrick seems to be engaged in some serious hyperbole when he says that "All this bill does is allow kids to bring guns to school," .  The bill just authorizes a referendum, after all, which then allows people to bring lawsuits.   It is quite a stretch to claim that it is "allowing kids to bring guns to schools".  Presumably minors would need parental permission to do that.

Children do not get full access to constitutional rights until they reach majority.   That has been the state of affairs for all of the Nation's history.  It is only recently that the federal government enacted a ban on guns in schoolsIt was after the federal ban that mass shootings in schools increased dramatically.

Utilities can use their profits for whatever they wish; even for lobbying on contentious political issues that may not represent the thinking of their shareholders.   Most companies try to steer clear of controversy, and save their lobbying efforts for areas that directly concern them.  Fitzpatrick does try to gain support by claiming that the referendum would galvanize anti-Republican voters in a critical Presidential election year:
Yet Fitzpatrick didn’t stop there: He also told the Republican-controlled committee that putting HB598 on the 2016 ballot as a referendum would be “a disaster for Republicans.”

Republicans would be identified as supporters of bringing guns into schools, banks, public buildings, bars and job sites, and suffer at the polls during a presidential election year, when Democratic turnout is higher, he said
.
It is a strange case to make.  I have never seen it happen.  My experience in watching these type of referendums is that they bring out gun owners in favor of them, and pass overwhelmingly.

Utility companies are not the most popular entities in the best of times.  People are suspect of state granted monopolies and their guaranteed profits.   It is hard to see how this sort of lobbying will help NorthWestern get desired rate hikes or regulatory relief.  On the other hand, perhaps the powerful elites who want more restrictions on an armed population are the same ones who regulate the utilities.

I favor a simpler explanation: Fitzpatrick and the NorthWestern management do not want the people to be able to exercise their right to keep and bear arms.  It is consistent with their "no guns on company property" policy.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch



Sunday, March 22, 2015

Karachi: Alledged Dacoit Shot

KARACHI (PPI): An alleged dacoit was shot and injured in area of Landhi here on Saturday. One, Zakir, aged about 25, son of Ghulam Nabi, was shot and injured by unidentified persons in area of Chawal Godam Landhi Morr.

More Here

MO: Home Invastion Gunfight 1 Dead Homeowner Wounded



Police say a 16-year-old is dead and a victim is in critical condition after the teen and another suspect broke into a home in their neighborhood and exchanged gunfire with the homeowner.

More Here

CO: 3 Pit Bulls enter through Pet Door, Attack at 1 A.M.

COLORADO SPRINGS, Colo. - Police said the owner of a German shepherd shot three pit bulls after they entered through a garage pet door and attacked his dog. A veterinarian we spoke with said the dogs probably attacked because the owners didn't treat them with care.

"I just did what I had to do," said the unidentified man, who refused to be interviewed on camera.

The incident happened just before 1:30 a.m. Saturday at a home in the 2100 block of Eddington Way on the city's southeast side.

Police said the man told them he was asleep when he heard loud noises in his garage and that he got his handgun when he realized the pit bulls were attacking his dog.

More Here

FL: Man follows woman, is shot by husband


Corneliu Lazarescu, believed to be in his 70s, suffered bullet wounds Friday morning and was transferred to Northeast Georgia Medical Center. He was listed in stable condition in the intensive care unit following surgery Friday afternoon.

Lazarescu faces stalking charges after allegedly following Cheryl Mack back to her Flowery Branch residence, according to Hall County Sheriff’s Office Deputy Nicole Bailes.

Mack reported to Gwinnett County 911 that she believed a man was following her after walking in a Gwinnett County park.

More Here

MO: Stephenson Found not guilty in 2013 Shooting Deaths



A Blue Springs man was found not guilty of murder Friday in the shooting deaths of two people.

Howard Ray Stephenson, 44, was accused of two counts of first-degree murder and two counts of armed criminal action in the fatal shooting of a Blue Springs couple, Jaron Syrus and Qwentelia Vanzant, in May 2013 as their young children sat nearby in a car.

Syrus told police before he died that Howard Ray Stephenson was the shooter, according to court records.

More Here

Read more here: http://www.kansascity.com/news/local/crime/article15535322.html#storylink=cpy

OK: Robber Strikes 84-Year-old, Victim Pulls Gun (video)



TULSA, Oklahoma -
An 84-year-old man was able to turn the tables on a robber who hit him in the face and took his wallet.
Doug Jandebeur wasn't too flustered about being robbed Monday night in front of his business near 71st and Lewis, especially after he was able to send the robber running away in fear.
Video shows Jandebeur walked to his black truck when the robber came up behind him.

Link to article and video

Saturday, March 21, 2015

MT: Constitutional Carry Goes to Governor Bullock



The Montana legislature has passed a constitutional carry bill to bring the last .6% of the state into harmony with the rest of the state.  HB 298 will make the legal conditions for the carry of firearms the same inside unmarked city boundaries as outside of those unmarked boundaries.  The bill passed the Senate 28 to 21.  It passed the House 56 to 43.  The Governor of Montana is a Democrat, Steve Bullock.  It remains to be seen if Governor Bullock will do the same as Governor Tomblin of West Virginia, and veto a popular bill when he sees the opportunity.  

Governor Bullock won a squeaker of an election in 2012 with 48.9 percent of the vote, while the Republican candidate received 47.3%.  The Libertarian candidate got 1.75% of the vote, more than twice the difference between the two major candidates of 7,571 votes. 

Governors are a target in gutting popular gun reforms because they are a focal point where media pressure and billionaire money can be brought to bear.   It may be that a similar phenomena occurs when local officials go to federal office.  Suddenly, the focus of the old media is on them, and all the power of the progressive establishment it used to convert or defeat them.

There are simply too many local officials for the national media to focus on; but there are only 50 governors.

The growing disillusion with Democrat party policies at home and abroad might give pause to Governor Bullock when he considers vetoing this popular bill.  He is coming up for election in 2016.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

B. Todd Jones, head of BATF is Stepping Down



It is much harder to take some one's pension after they have retired.  I suspect that B. Todd Jones has decided to leave the agency because his fingerprints are all over emails and other digital trails leading to the attempted, and likely illegal ban on M855 and SS109 ammunition.  From thehill.com:
The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is stepping down following controversy surrounding the agency’s proposal to ban certain types of ammunition.

The ATF announced Friday that Director B. Todd Jones is resigning at the end of the month “to pursue other opportunities in the private sector."
  As I wrote a week ago:
With the discovery of the change in the BATF manual online, that eliminated the exception for M855 and SS109 ammunition before they made the announcement, the ATF management understood that it was hanging way out in the wind, with very little protection or support. The digital trail might well show that they approved of the ban before there was any public comment or due process.

Then there is the little matter of Hillery’s emails.  The heightened interest in emails and accountability for them must be giving the BATF management grave concern.  They face the real possibility that a congressional committee would actually follow the digital and email trail of who approved of the modifications to the manual.  Backing down reduces that possibility enormously.


They have seen that President Obama is willing to kick almost anyone under the bus if it is convenient for him.  Consider what the BATF says in its "publishing error" "correction".  Here is the  BATF "publishing error"
facebook statement:
Please be advised that ATF has not rescinded any armor piercing ammunition exemption, and the fact they are not listed in the 2014 online edition of the regulations was an error which has no legal impact on the validity of the exemptions. The existing exemptions for armor piercing ammunition, which apply to 5.56 mm (.223) SS 109 and M855 projectiles (identified by a green coating on the projectile tip), and the U.S .30-06 M2AP projectile (identified by a black coating on the projectile tip), remain in effect.
Notice the important phrase: "an error which has no legal impact" .   It is the BATFE's way to say: We did not do anything wrong; we did not really mean it; and anyway, we have corrected our error, so there is no reason to look further.  It is implied that no one actually vetted the "error" or approved of it.  If that is indeed the case, it should be easy to show.  
Very likely, B. Todd has seen the potential danger, and is getting out while the getting is still viable.  I suspect that a Judicial Watch freedom of information act is in the works.

B. Todd is an early indicator of this administrations lack of support by administrators.  Who can blame them?  They have been set up for failure by this administration, and they do not have the golden parachutes that a president has.  They have to look to their own future and devices.   President Obama has no record of looking after those who have loyally supported him.  Just the opposite.  He is perfectly willing to throw anyone under the bus, if that advances his personal agenda.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

West Virginia Governor Vetoes Constitutional Carry



Governor Tomblin wasted no time once the West Virginia legislature adjourned sin die.  The bill could have been overridden with simple majorities while the legislature was in session.  The Legislature adjourned yesterday.  Tomblin vetoed the bill this morning.  From wtrf.com:
Gov. Earl Ray Tomblin has vetoed Senate Bill 347, creating the Firearms Act of 2015.
The bill would have allowed someone to carry a concealed weapon without a permit. Tomblin cited his concerns for the public safety of law enforcement officers.
 Second amendment supporters in the legislature have vowed to consider the legisislation next year.  SB 347 had passed with overwhelming, bi-partisan majorities in both houses.   The Senate passed it 32-2, and the House passed it 71-29

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


WV: Tomblin Vetos Constitutional Carry



You have to give West Virginia Governor Earl Ray Tomblin credit for Machiavellian use of power.  He cleverly waited until the legislature adjourned, sine die, before vetoing the popular constitutional carry bill.  The bill SB 347, would have removed some of the restrictions on carrying concealed weapons by those who can legally own them.  It passed with overwhelming margins and bipartisan support in both the Senate (32-2) and the House (71-29).  For a non budget bill, such as SB 347, simple majorities would have been enough to override a veto.

Which is why the Governor waited until the legislature adjourned.  With the legislature adjourned, overriding a veto becomes much, much harder.   Perhaps some in the legislature will try to convene a special session.   It seems unlikely, with most of the disarmist media calling for the veto.  Second amendment supporters say that they will continue to push for constitutional carry.

Definition of  disarmist

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Friday, March 20, 2015

OH: Woman Officer Shoots Ex after Break in at her home


MUNROE FALLS, Ohio -- A Kent police officer told a 911 dispatcher that she shot and killed her ex-boyfriend after he broke into her home, according to a dramatic recording released Thursday.

Officer Sara Berkey shot Adam Jovicic, 29, of Cuyahoga Falls, at her Hiwood Avenue home. The Summit County Medical Examiner found Jovicic died from two gunshot wounds to the abdomen. A cause has not yet been determined.

More Here

AL: Neighbor shooting was justified

In a world without guns, bullies dominate others.

A 58-year-old Irondale man will not face criminal charges in the February shooting death of one of his neighbors.

The Jefferson County District Attorney's Office ruled the fatal shooting of 50-year-old Michael Robertson justifiable. Irondale Detective Michael Mangina said he received word today about the decision.

(snip)

The homeowner multiple times in the past had warned Robertson to stay off his property. Robertson was suspected of stealing from the homeowner and others in the neighborhood, Mangina said. "He had a reputation in the neighborhood for stealing,'' he said. "He was kind of like a bully. He would, oftentimes under the influence, provoke people."

More Here

TX: Real Gun Beats Fake Gun


"When I came back through that door, and came here there was a guy standing there with a gun pointing at me," Crone said.

Crone said the intruder held a gun pointed at his chest demanding money from the cash register. That's when Crone said he faked a heart attack so he could grab his gun.

"And so I fell down like I was having a heart attack, and I said now we are going to shoot it out," Crone said.

When the suspect darted out the door he dropped his gun. Crone said that's when he realized it was fake.

More Here

NJ: State drops gun charge against retired teacher with flintlock


"A New Jersey prosecutor Wednesday dropped the felony gun charge against a retired schoolteacher who was arrested last year when authorities discovered an unloaded, 300-year-old flintlock pistol wrapped in his car's glove compartment. 'I'm very appreciative that they exercised their discretion here and did the right thing,' Evan Nappen, the attorney representing Gordon Van Gilder, told The Daily Journal. The Cumberland County prosecutor said the state will exercise 'prosecutorial discretion' in the case, but warned others about the laws pertaining to firearm possession, even if the gun is an antique. Van Gilder had faced 10 years in prison and the loss of his state pension if convicted."

http://www.foxnews.com/us/2015/02/26/nj-prosecutor-drops-gun-charge-against-retired-teacher-over-centuries-old/

Illinois Gun Owners Lobby Day, 2015



The Illinois Gun Owners Lobby day was held yesterday, the 18th of March 2015.  The idea of a gun owners lobby day has spread among the many grass roots organizations across the nation.  Over a thousand gun owners showed up at the Illinois capitol in Springfield on Wednesday.  This is not in response to a crisis involving the defense of the right.  The principle of that was won in 2013.     A shall issue law was passed in 2013, against the strong opposition of the Chicago Democrat machine, and a veto by Democrat Governor Pat Quinn.   The legislature overrode Quinn's veto.  Illinois was the last state in the nation to pass a concealed carry law.  The law was forced on a recalcitrant Chicago political system by a federal court decision.

A new, Republican Governor was elected in 2014.    Governor Bruce Rauner, won with 51% of the vote, while Quinn received 46%.  The polls had Quinn winning by a percentage point just before the election.  Governor Rauner is the first Governor who has been willing to meet with IGOLD representatives on their lobby day at the capitol.  The emphasis for Wednesday was on improving the basic shall issue concealed carry law that was passed in 2013.

The law contains a plethora of gun free zones, where the carry of legal, loaded, concealed weapons is not allowed.  There are 23 zones that prohibit effective self defense, from public transportation to museums.  From sj-r.com:
Rep. Brandon Phelps, a Democrat from Harrisburg and one of the sponsors of the concealed carry law, introduced a bill that would allow people to carry concealed weapons at rest areas.
Phelps said the fact that more than 100,000 people are licensed with no instances of violence shows they should be allowed to protect themselves almost everywhere.

"We're showing people this works," he said. "These are law-abiding gun owners, and no one is going out like the Wild West and shooting each other."
Rep. Ed Sullivan, R-Mundelein, also wants to expand where people can legally carry. He has introduced several bills, including one that would allow people to carry concealed weapons on public transportation.

"A lot of people use public transportation," he said. "Why should they be less safe to defend themselves on public transportation than either at home or walking?"


A thousand people  who are willing to set aside an entire day in the middle of the week to lobby legislators, when there is no crises being hawked by the old media, is extraordinary.  Even with the assistance of media outlets, Michael Bloomberg's organizations, such as MOMs demanding Action or Everytown, seldom produce turnouts of more than a couple of dozen. 

Illinois has had over 100,000 permits issued since 2013.  There have not been any problems with the permit holders.  This follows the usual pattern in states that have passed shall issue laws.  If Illinois continues on the trend, incremental improvements to the law will make the permit easier to obtain, and reduce the number of "gun free zones" mandated by law.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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