Saturday, May 23, 2015

Open Carry, HB 910 Substitute, in Texas Senate now



HB 910, the Texas licensed open carry bill, passed the House by 2/3 margins.  The bill went through the Senate State Affairs Committee, where the Dutton amendment was stripped from it.   Now, being debated on the floor of the full Senate, the debate is whether to put the Dutton amendment back in.   The Dutton amendment specifies that peace officers may not detain open carriers simply to ask if they have a license, but must have probable cause to suspect criminal activity, just like they need for any Terry stop.   The amendment is designed to protect open carriers from police harassment.  Here is the text of the amendment:
CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.
The second amendment supporters of open carry, represented by C.J. Grisham, have said that the amendment is not important, because of precedent that guards against this type of stop in any case.   Others say that it is useful, because it will prevent the flood of lawsuits that will be required to enforce the judicial rulings in Texas.

A potential advantage for bringing the Dutton amendment back, is that the bill can be restored to a duplicate of the House Bill 910.  Then it does not have to go back to the House for a vote.   It can be engrossed after the Senate third vote and sent to Governor Abbott for signature.  The progress of the bill is being followed closely, with knowledgeable debate on procedure and fine points, on Texasguntalk.com.

The Senate has now postponed debate until 6pm, an hour and a half from now.

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

TX: Credible Rumors on Jihadist Shooting at Free Speech Event



The above picture is photo-shopped, and was posted as a clever joke.  The man in the "blue polo shirt" is actually an photo-shopped image of Jerry Miculek, one of the most extraordinary pistol shots of all time.  As Miculek is a gun culture icon, the joke was quickly exposed, but it was highly regarded.  Here is the original wording with the picture:  From ar15.com, page 51:
 My sources on the Deep Web came across this pic. It was taken shortly after the shooting. The guy in the blue polo shirt with the crazy leg rig is said to be the guy who shot the two terrorists, a 42 year police veteran named Benjamin Garrison.
With that bit of humor out of the way, the coverage of the event shows how responsive and accurate the Internet tends to be to breaking events.  Here is a sequence of posts.   From ar15.com: 8:03:
 Wife just got the campus alert... no details... JUST HAPPENED.

Update
8:03pm

one officer shot, non life threatening


2 suspects down armed with ak47's and explosives
.
From ar15.com: 8:09
http://www.breitbart.com/texas/2015/05/03/watch-live-stream-of-the-muhammad-art-exhibit-and-contest/

 Dallasnews.com  8:34
http://www.dallasnews.com/news/local-news/20150503-breaking-gunfire-reported-at-anti-islam-event-at-garland-isd-facility.ece?hootPostID=43360e32cf3d9fdf3f2c86db6648e3f9
From ar15.com:  8:36
Jocelyn Lockwood @JocelynNBC5 · 5m 5 minutes ago


We were inside the event earlier - security was very tight. $10K+ spent on security per Garland PD. @NBCDFW

From ar15.com:  8:41
Breaking on Foxnews: 9:12
ETA: http://www.foxnews.com/us/2015/05/03/police-shooting-at-muhammad-cartoon-contest-in-texas/?intcmp=latestnews

Al Jeezera  9:16
NOTHING ON FNC, CNN, MSNBC, NBC, CBS...

But Al Jeezera just ran it...and OAN


Showing up on ISIS twitter feeds too..
.

 From ar15.com: 9:19  (page 6 of thread, 3 May)
 CNN and Fox are on it.
Notice that it was over an hour before the networks really got involved. 

Days later, the thread continued, and served up interesting information that still has not made the networks.   This information came from what appears to be a serious and credible anonymous source.   From ar15.com: (page 50 of thread)
Security officer that was shot last night enjoyed his day off today playing golf. He is in good spirits about the ordeal. I spoke to his daughter last night and it was a flesh wound, in and out. No serious damage of any kind... very lucky.
A lot of people have been very curious about how bad that wound was, so this is welcome information.

A bit further down page 50, there is some more fascinating information that I have not seen anywhere else:
 Gov. Abbott called both Security officer and GPD officer today to express his gratitude to both.
That post is confirmed with a press release from Governor Abbott's office.
This is what you expect a savvy politician to do.  It is telling that the Obama administration has not done anything similar.

Then, on page 53, we get this confirmation of what I have read elsewhere, that it was a Glock in .45 caliber that was used.   It is put forward by the same source for the ankle wound information.  It is a good indication the the officer is a gun guy, along with his superb shooting, of course:   

I can confirm it was a Glock 21 used. At least one mag used and 2 head shots.

Apparently the msm is reporting a glock .40 which is incorrect.
 To sum up, credible rumors that the security officer (Bruce Joiner, from both the ar15.com thread and Governor Abbott's press release) is recovering well, with little permanent effect; that Governor Abbott called the Garland officers to express thanks (confirmed); and that the officer doing the shooting was using a Glock model 21 (Glock model 21s are only made in .45 ACP caliber). 

All interesting information, and hard to find on any of the old media.

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

Friday, May 22, 2015

NRA: Gun Control’s Branding Problem

This is an excellent, well written article that strikes at the core of disarmists support.

If you consider gun control as a brand of advocacy, you can catch a whiff of Sharper Image in it. The hot new cause (or brand) for those who believed their thinking didn’t stink, gun control had everything going for it in the 1960s and ’70s. It was driven by high-profile assassinations, benefited from the national anti-war/peace movement, and had the support of the nation’s major daily papers, monthly magazines and the three-and-a-half channels that constituted a TV monopoly.

More Here

Bob Owens: Journalists in Fantasyland: How Anti-Gun Media Convince Themselves Gun Ownership Is Declining

Bob does a good job with this article.

One of the more interesting aspects of covering firearms-related news is the volume of data that is out there showing consistent record growth.

Some of that is hard, quantifiable data, such as the statistics showing that firearms manufacturing has roughly tripled since President Obama took office, and doubled from 2010-2013.

The shooting sports industry is seeing not just record sales growth, but growth with incredible staying power. There hasn’t been the expected surge and then crash many expected post-Sandy Hook. There was a tremendous surge, and then sales of nearly everything have remained near peak levels. From firearms to ammunition to holsters, slings, optics and other accessories, there now appears to be a “new normal” median level of consumption, though we’ve not be able to peg precisely what that new normal is just yet as we don’t yet know what that carrying capacity might be.

But what do we know beyond this apparently across-the-board, record-setting sales surge? After all, supporters of gun control are attempting to claim that while sales are up, gun ownership is actually down (PDF).

More Here

Dave Workman: Heat for Texas prof supporting gun control, while NY writer takes different tac



A professor at the University of Texas at Austin is taking heat for an Op-Ed in the Dallas Morning News calling for restrictive gun control following the shootout in Waco, while an opinion in the New York Post yesterday warned that New York officials better pay close attention to this week’s concealed carry victory in the District of Columbia.

It is ironic that an anti-gun-rights opinion would appear in a Texas newspaper in contrast to a pro-constitutional rights opinion in a New York newspaper. There are plenty of reactions to the opinions of Prof. John Traphagan, who teaches religious studies and anthropology, while there does not appear to be a comments section for the New York Post’s piece from Seth Lipsky.

More Here

SC Followup: Both claim Self Defense, Both Arrested



According to the report, both men said the other one fired shots first and each said they acted in self-defense. Both King and Chamberlain told deputies that they fired all five rounds in their weapons. Officers found a number of places where rounds entered King’s residence. Witnesses said they hears the shots being fired, but could not say who fired first. Chamberlain was struck in the foot by one shot and was treated at Self Regional Medical Center before being released to jail personnel. King was transported to the Greenwood County Detention Center.

More Here

FL followup: Suspect who was shot, arrested on Burglary charge



RIVIERA BEACH — A 24-year-old Riviera Beach man who was shot during an argument last month was arrested Tuesday on burglary and assault charges. .

James E. Poole is accused of armed burglary and aggravated assault with a firearm, police said. He was released from the Palm Beach County Jail Wednesday after posting a $30,000 bail bond.


More Here

TX: Wounded Suspects of Home Invasion are Recovering



About 11:40 p.m. Thursday, police responded to 104 N. Alabama St. on reports of a home invasion and shots fired. A person in the house told police two black males armed with a gun had broken into the house. The resident told police he shot at the robbers and they fled in a vehicle.

A short time later, police were notified that two people matching the suspect descriptions were at Northwest Texas Hospital for treatment of gunshot wounds.

More Here

FL: Shots Fired at Burglary Suspects



Investigators have released seven video surveillance images depicting the two burglars and their vehicle involved in a shooting Tuesday night that occurred during an attempted burglary on Palm Beach Boulevard .

A truck rammed the back fence of Discount Battery, 3911 Palm Beach Blvd., and the business owner, who was at the battery shop, shot at the truck, said Sgt. Aaron Colson.

"We have a 'Stand Your Ground' shooting here," he said.

More Here

2A Northern Mariana Islands Amended Complaint Filed 22 April, 2015



The second amendment lawsuit against the Government of the Commonwealth of the Northern Mariana Islands has been amended to include both JAMES C. DELEON GUERRERO, the Commissioner of the Department of Public Safety, and LARRISA LARSON, Secretary of the Department of Finance of the Commonwealth.  The amendment was required by the U.S. District Court in order to include the customs policies of the Commonwealth as part of the lawsuit.   The amendment was filed on the 22 of April, 2015.    The amended complaint may be viewed at michellawyers.com(pdf).

The time that it will take to render a decision on the complaint is uncertain, but the court has been making decisions in the case with some regularity.  I would not be surprised to see an opinion by the end of July.  The saipantribune.com summed up the case as follows:
A U.S. Navy Gulf War veteran and his Chinese wife, who suffered serious injuries during a home invasion, have filed a lawsuit in federal court to challenge the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.

David J. Radich and his wife, Li-Rong Radich, are suing Department of Public Safety Commissioner James C. Deleon Guerrero for violation of their right to keep and bear firearms.

The Radich couple, through counsels Daniel T. Guidotti and David G. Sigale, asked the U.S. District Court for the NMI to issue injunctions enjoining Deleon Guerrero from enforcing against them the prohibitions on virtually all CNMI residents from obtaining handguns for self-defense purposes and the probation on obtaining a Weapons Identification Card (WIC) and possessing a firearm for self-defense purposes; and for good cause requirement for obtaining a WIC.

The couple asked the court to declare that such prohibitions are null and void because they infringe on the right of the people to keep and bear arms in violation of the Second and Fourteenth Amendment to the U.S. Constitution.
Deleon Guerrero has stated that he expects to lose the case.   From mvariety.com:  

Anticipating an unfavorable ruling from the federal court, Deleon Guerrero and Zarones have asked the Legislature to act “swiftly and without hesitation” to pass an alternative gun control law that is currently pending in the Senate.
Guam, another entity under the umbrella of the U.S. Constitution in the area, has already passed a "shall issue" law because of the Peruta ruling in the Ninth Circuit.   Both Guam and the CNMI fall under the Ninth Circuit.

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




TX: Popular Knife Rights bills Bottled up by Democrat



Two popular bills that would reform antiquated knife laws in Texas are being bottled up by a Democrat legislator.   Both bills have bipartisan support, and passed the House unanimously.  One bill adds knives to the preemption law for the state, so that localities cannot pass insane knife laws that turn a person carrying a pocket knife into a criminal by walking from one side of a street to another, without any notice.  These bills are enforced very selectively to "get" people that the police cannot arrest for other crimes.

One correspondent from Texas, reported a conversation with a San Antonio police officer, about their knife law.   From freerepublic.com, Resolute Conservative writes:

Don’t get me started. I asked a San Antonio cop about this when I heard about it, and the response was, “Oh, we just got that passed so we could jack up the gangbangers - but we wouldn’t enforce it against YOU...”
May have been born at night, but it wasn’t LAST night...

The other bill is a removal of the ban on common and highly desired knives that are arms protected by the second amendment.  Most will find it bizarre that Texas forbids its citizens to carry Bowie knives, for example.  From texasguntalk.com:
Although both HB 905 (knife preemption) and HB 3884 (decriminalization of "illegal knives") passed unanimously in the House, Chairman John Whitmire (D-Houston) is refusing to give them a hearing in the Senate Committee on Criminal Justice.

Texas Legislature Online - 84(R) History for HB 905


Texas Legislature Online - 84(R) History for HB 3884


Please call Senator Whitmire's office (
512-463-0115), and politely ask that these two bipartisan* bills, which passed the House unanimously, receive a committee hearing as soon as possible.

Please also call the office of Lieutenant Governor Dan Patrick (
512-463-0001), and voice your displeasure that the chairman of the committee to which he assigned these universally popular bills is refusing to schedule either bill for a hearing.

*HB 905 has three Republican authors and two Democratic authors. HB 3884 has a Democratic author but wide support from both parties. In the House, both bills had unanimous support in committee and on the floor. National publications like
Bloomberg magazine and The Christian Science Monitor have pointed to these bills as part of a larger civil rights battle to prevent the type of discriminatory enforcement of vague knife laws that led to the arrest of Freddie Gray in Boston.
It is time that Texas restores the right to arms that the Republic was born with.  

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

Thursday, May 21, 2015

TX: Truck Burglary Suspect Shot



Police believe the suspected burglar was visiting a friend at the apartment complex when he broke into a truck in the parking lot.

The truck's owner apparently saw the suspect, grabbed a gun and shot him, according to officers.

More Here

FL: Home Invasion Gunfight, no Charges?

Unusual that the homeowner does not wish to press charges.

The victim in the home invasion drove himself to a hospital, but his condition is not known.

Deputies believe one of the assailants was also shot, but a search of the neighborhood did not locate anyone.

Orange County deputies said the victim knew the intruders and does not want to press charges.
More Here

TX: Wife Shoots man Assaulting Husband


The sheriff's office said it appeared from their initial investigation that the suspect broke in through the front door, and confronted several people inside. One of the homeowner's arrived home several minutes later and was attacked at the back door. According to authorities, the husband and suspect fought for several minutes, before the husband was able to break free and run inside the home.

The suspect followed the man back inside his home, and the fighting continued. The homeowner's wife ordered the suspect to stop and leave, but when the suspect continued the attack, she shot him once, according to the sheriff's office. Authorities are not saying where the suspect was hit. The husband detained the suspect until deputies arrived.

More Here

Judge Halts DC's Rule Requiring Justification for 2A Rights


The courts may have forced the District of Columbia to recognize its citizens' right to keep and bear arms, but the city did all it could to restrict the number of firearms. When journalist Emily Miller tried to get a gun in February, she was told she was only the 16th person the city deemed had a “good reason” to carry a handgun — probably because she was a journalist writing about the topic. On Monday, the U.S. District Court for the District of Columbia ordered the city to stop enforcing the rule making citizens justify their rights, saying it violated the Second Amendment. “The District of Columbia’s arbitrary ‘good reason’/‘proper reason’ requirement … goes far beyond establishing such reasonable restrictions,” the court wrote in the ruling. “Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.” The fight’s not over, though. The city is expected to appeal, and the issue of DC’s gun laws could end up at the Supreme Court once again.

http://patriotpost.us/posts/35295

TX: Open Carry Statement of Intent in Texas Senate Committee

 

HB 910, licensed open carry, has passed the Texas House by large margins (96-35).  A near identical bill, SB 17, passed the Senate by large margins (20-10).  The only real difference in the bills is an amendment added at the third read in the House, to prohibit police from stopping open carriers without any probable cause for doing so. Supporters of the bill say that the amendment is redundant and does not matter;  such stops are already covered by Constitutional law, and are not allowed without probable cause.   Here is the AUTHOR'S / SPONSOR'S STATEMENT OF INTENT, which explains the purpose of taking the amendment out of the bill.   From state.tx.us:

Texas is one of only six states that do not permit their citizens to openly carry modern handguns under any circumstances.  The other five states are California, Florida, Illinois, New York, and South Carolina.  Forty-four states allow open carry in some form. 
  
H.B. 910 would authorize open carry of modern handguns in Texas by anyone with a license, so long as the handguns are carried in shoulder or belt holsters.  The new license to carry created by this bill would replace the existing concealed handgun license.  Applicants would have to meet the same requirements that they currently do to get a concealed handgun license.

The committee substitute to H.B. 910 removes language from the House's engrossed version providing that the police cannot stop someone who is openly carrying and demand to see identification simply because the person is openly carrying.  This language was redundant, because basic principles of constitutional law already establish that the fact that a person is engaged in an activity that is only legal with a license is not sufficient cause for the police to stop the person.  All police detentions require reasonable suspicion of criminal activity at a minimum, and that will remain the case for people who openly carry in Texas after this bill becomes law.
While the Author's statement of intent does not become part of the law, it is germane in interpreting the law.  In this case, it would be easy, because the statement of intent becomes part of the historical record in the passage of the bill, and is available for anyone to read.   Any future AG will have it at their disposal, if there is ever a need to give an opinion on what the legislature intended when they passed the bill. 

Clearly, it does not give blanket authority to police to stop open carriers to check to see if they have a state permit.

 I expect to see HB-910 before the entire Senate on Friday, the 22nd of May, but it has not yet shown up on the official schedule.

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

Open Carry in Lordsburg, NM


On my way to the NRA annual meeting, I passed through Lordburg, New Mexico on I-10.   It is a convenient place to fuel the truck and myself, so I pulled into a truck stop to grab a sandwich. 

Open  carry is protected by the New Mexico Constitution.  I was carrying a Glock 17 (9mm for those who have not kept up with Glock nomenclature).  The young woman behind the counter had a streak of purple hair, multiple piercings, a sizable tattoo on her right forearm, and was friendly, courteous, helpful, efficient and pleasant to speak with.   I could not ask for better service. 

I saw a couple of sheriff deputies walk in, in full armor.  I wondered if they might be going to SWAT training.  They glanced in my direction, I in theirs.  I would say that we each noted the presence of other armed persons. 

The manager at the cash register asked if I was carrying a .40 cal.  I said no, it was a 9mm, but the Glocks are the same size in both calibers.

I paid for my sandwich, and walked out the door to my truck.  Other than the friendly conversation, no one paid much attention.

That is the sort of experience most open carriers have in most places.  People generally do not care or do not notice.   Those that do, mostly do nothing.  The vast majority of interactions are of friendly interest.  

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

Dave Workman: Astroturf v. grassroots: The ‘rights versus regulations’ battle continues



While the well-funded Washington Alliance for Gun Responsibility (WAGR) is planning its third annual fund-raising luncheon next month – and today sent out an e-mail reminder – the financially lean Protect Our Gun Rights (POGR) team yesterday warned in its own funding appeal that “The billionaire gun banners…are at it again!”

“They are beginning the summer,” POGR said of the opposition, “with a MAJOR swanky fundraiser on June 4, 2015 in downtown Seattle! (As if Mike Bloomberg, Nick Hanauer, and the other billionaires supporting taking your rights away didn’t have enough cash already).”

When it comes to gun control versus gun rights, the prohibitionists seem far better funded, thanks to the deep pockets of wealthy elitists who just cannot seem to abide by the fact that average citizens have a right to self-determination, as well as self-defense. These middle class Americans can’t afford armed private security, but they can afford to buy a firearm.

The WAGR group is lamenting that lawmakers in Olympia want to make common sense changes in gun laws to protect the privacy rights of their constituents. They believe that constitutional rights should never be up to a public vote that may be popular now, but what about next year?

More Here

From Metrocosm.com: NFA Registered Weapons by State



 The excellent article to go with this graphic is at metrocosm.com.  At the article, the graphic is interactive, and allows you to click on a state to see the individual statistics.   Max Galka hit a home run with this article.  It takes a fair amount of work to do it, and it shows. 

Wednesday, May 20, 2015

MI: Armed Dialysis Patient stops Armed Robbery



The 49-year-old victim was approached by the suspect around 4:40 a.m. outside DeVita Dialysis on the 6000 block of Dixie Highway, police said. The victim had just arrived for an appointment when the suspect approached the vehicle from a wooded area between the dialysis building and adjacent Rite Aid.

The suspect stood at the passenger side of the vehicle and asked for the victim’s wallet, police said. The victim refused, and the suspect pulled a small revolver from inside his hoodie.

The victim told police he then pulled his own gun on the suspect and said, “Do you really want to do this?”

More Here

SCOTUS Ruling Stops Police Taking Away Guns



The supreme court reached a landmark decision yesterday in defense of gun ownership that could later prove useful in stopping gun confiscation. Until yesterday, if a person became a felon and lost their right to own guns, regardless of the nature of the crime, police would confiscate and keep their guns. Although certainly, most felons should not be in possession of guns, this policy still had the effect of taking guns out of the hands of the citizenry and putting them in the hands of the government.

Tony Henderson, a former border patrol agent, was convicted of selling marijuana which made him a felon and thus ineligible to own a gun. He asked if he could transfer his $3,500 19-gun collection to his wife or another third party so he could have them sold to other citizens. He was told no. In fact, he was told no at every level of appeals until he reached the SCOTUS.

There, he finally received his "yes" answer.

The court ruled that although a felon cannot be permitted to own guns, the supreme court announced that it is unconstitutional for police to keep or profit from guns confiscated from felons without first giving them the opportunity to rid themselves of the guns in a lawful manner. Felons now have the option to sell off any guns they own or legally transfer them to a person outside their household who is lawfully permitted to own a gun. They may not, however, simply transfer ownership but keep the gun, nor can they transfer them to someone who is likely to give them access, such as their own spouse.

This ruling both accomplishes the goal of keeping guns out of the hands of convicted felons while preventing them from being swallowed up by the bureaucracy, allowing more law-abiding citizens to stay armed.

http://punchingbagpost.com/scotus-ruling-stops-police-taking-away-guns/


Move to attach Campus Carry to the Texas Open Carry Bill



 The group "Students for Concealed Carry on Campus" is organizing a call to have campus carry added to the open carry bill, HB 910 now being debated in the Texas Senate.    Their proposal would attach the Senate version of campus carry, SB11 to the bill.  They have 20 Senators that they are asking people to email.  From their facebook page:
Please send an email to these twenty members of the Texas Senate, telling them you want to see House Bill 910 (open carry) amended to include Senator Birdwell’s campus carry language. You don’t have to email each member individually; you can email all twenty at once. The email can be as simple as this:

---------------

Dear Members of the Texas Senate:

I wish to see Texas House Bill 910 (open carry) amended to include Senator Birdwell’s campus carry language.

Thank you,

FULL NAME
ADDRESS (if you live in Texas)
PHONE NUMBER (if you live in Texas)

---------------

Here is the email list:

paul.bettencourt@senate.state.tx.us
brian.birdwell@senate.state.tx.us
konni.burton@senate.state.tx.us
donna.campbell@senate.state.tx.us
brandon.creighton@senate.state.tx.us
kevin.eltife@senate.state.tx.us
craig.estes@senate.state.tx.us
troy.fraser@senate.state.tx.us
bob.hall@senate.state.tx.us
kelly.hancock@senate.state.tx.us
don.huffines@senate.state.tx.us
joan.huffman@senate.state.tx.us
lois.kolkhorst@senate.state.tx.us
jane.nelson@senate.state.tx.us
robert.nichols@senate.state.tx.us
charles.perry@senate.state.tx.us
charles.schwertner@senate.state.tx.us
kel.seliger@senate.state.tx.us
larry.taylor@senate.state.tx.us
van.taylor@senate.state.tx.us
ltgconstituent.affairs@ltgov.state.tx.us

NOTE: Some people are mistakenly claiming that this amendment would force HB 910 to go to a conference committee, where it might run out of time and die. In reality a conference committee is only necessary if either the bill’s author or the originating chamber disagrees with an amendment added by the opposite chamber. Because Rep. Larry Phillips, the author of HB 910, supports a campus carry amendment and because a majority of the House supports campus carry, the House will be able to approve the amendment with a simple concurrence vote. Concurrence votes do not have to be scheduled (the author can call for one at any time), cannot be debated (can’t be filibustered), only have to be voted on once, and only require a simple majority to pass. The Texas Legislature has an entire day (this session it is May 29) when all they do is concur in opposite-chamber amendments; therefore, there is very little chance of a friendly amendment killing HB 910.

Some people have also expressed concern that the House parliamentarian might declare a campus carry amendment non-germane, thereby prompting the chair to disallow a concurrence vote. This is not a concern because the House parliamentarian has already declared the amendment germane to HB 910. When HB 910 was debated on the House Floor, Rep. Allen Fletcher (the House author of campus carry) offered his and Senator Birdwell’s campus carry language as an amendment. Another representative called a point of order, claiming that the amendment is not germane, but the parliamentarian declared that it is germane, and the chair overruled the point of order. Rep. Fletcher then pulled down the amendment (for reasons that shouldn’t concern anyone here), but the important takeaway is that the House parliamentarian has already declared Senator Birdwell’s campus carry language germane to HB 910.

For more information on why Students for Concealed Carry supports the legalization of licensed concealed carry (of handguns) on Texas college campuses, visit www.WhyCampusCarry.com.
 Procedurally, this is a fairly easy move.  It could work, as there is broad support for both bills in both houses, and Governor Abbott has said that he will sign them.

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

RI: Supreme Court Enforces Shall Issue law




Rhode Island is generally thought of as a "shall issue" concealed carry state.  That perception has been reinforced by a ruling of the Rhode Island Supreme Court from April 24, 2015.  From providencejournal.com:
 In early 2012, Norman T. Gadomski Jr. applied to Joseph H. Tavares, then the chief of the East Providence Police Department, for a permit to carry a concealed handgun as provided under Rhode Island General Law 11-41-11. This law says a municipality’s issuing authority “shall issue” a permit if specified requirements are met.
 It is well known among members of the gun-owning community that certain chiefs of police will not issue a concealed-carry permit. Some, in fact, will not even accept an application for one. This goes back to an advisory letter sent to all police chiefs by former Attorney General Sheldon Whitehouse.
 In some towns, applicants are told to apply to the attorney general, who “may issue” under a different statute. The AG typically requires verification by the chief of police in the town in which the applicant resides, thus effectively limiting that avenue.
 The Supreme Court ordered the present police chief in East Providence to review Gadomski’s application and grant or deny the permit within 90 days, and -- this is the important part -- “set forth the findings and conclusions on which the decision is based.”
 While this opinion may seem to be narrow, the court cites an earlier case (Genreau v. Canario) and makes it clear that “the necessary findings to support [the denial of a permit] must be made, and [t]hose findings must, of course, be factual rather than conclusional." In other words, a brief letter stating that an issuing authority (including the AG) finds an applicant unsuitable will no longer suffice. He or she must “show cause” as to why an application is being denied.
This decision is a further nail in the coffin of "may issue" state laws.  It is only the eight holdout states of New York, New Jersey, Massachusetts, Maryland, Connecticut, Delaware, California and Hawaii that cling to these antiquated  laws.  Two of those states, Connecticut and Delaware are said to be effectively "shall issue".  Two others, California and Hawaii face their may issue laws being overturned by the Peruta decision, now under review in the Ninth circuit.   Even the District of Columbia has had a federal judge rule that their law must be "shall issue".   It is hard to see how the remaining states continue to ignore the word "bear" in the second amendment, but they do, and attempt to do so with a straight face.

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


Video: Moms Demand Someone Tell Them What to Think (Texas Committee Testimony)


 Link to video

This is what astroturf looks like in action.  Imagine what the Senators are thinking.  It goes on for ten minutes, with the "activists" reading from the same script, over and over.   It is quite humorous to watch.  There is a good sum up at the end by Open Carry Texas.

Dean Weingarten

Tuesday, May 19, 2015

CA: How many unsolved Homicides are Self Defense?

Benjamin Jasper Carter


In a previous essay, I mentioned that we do not know what proportion of unsolved homicides are justified homicides.  The reason is that most homicides are violent criminals killing other violent criminals, and that because a person is a criminal, they are reluctant to report a self defense shooting to police.  From the previous essay:
In the United States, about 37.5% of the homicides are unsolved.   In Chicago in 2013, the number was 75% unsolved.   Most homicides involve criminals killing other criminals.  How many of those would be justifiable if solved is unknowable; but clearly some are.   It is not hard to believe that someone with a criminal record would just walk away from a justifiable killing, if he feared prosecution for gun possession, or simply did not trust the police.    Those are unknown percentages, but if the number is close to the percentages in solved homicides, then Klecks estimate of justifiable homicides increases by 60%.   Instead of 3-7 times the FBI numbers, we get 5 - 11 times the the FBI reported figures, for 2012 clearance rates.
There were 310 justifiable homicides recorded by the FBI UCR in 2012.   So the actual number of justified homicides is likely between 1,500 and 3,000.   As many as 40% of those are unsolved homicides.

Here is an example where a California court recognized the reality of this situation.  From redwoodtimes.com:
Eureka >> A Humboldt County Superior Court judge last Wednesday granted the defense’s motion to dismiss the murder charge against Benjamin Jasper Carter after the District Attorney’s Office found there was merit to Carter’s self-defense argument, according to Deputy District Attorney Andrew Isaac.

Carter, 34, is accused of fatally shooting 36-year-old Redway resident Zackery Jacob Chapman with a shotgun in April 2014. Chapman’s body was found west of Tooby Memorial Park off Kitmu Road in Garberville on April 16, 2014. After being on the run for several weeks, Carter was found in Arizona by the U.S. Marshals and returned to Humboldt County. Carter was accused of one count of murder and one count of being a felon in possession of a firearm. He had pleaded not guilty to both charges.

Carter’s attorney Michael Acosta filed a Penal Code 995 motion in April to dismiss the charges, with Judge John T. Feeney granting the dismissal of Carter’s murder charge on Wednesday

 Hide the gun, hide the body, but... there was a rational reason to do so.
Isaac said the District Attorney’s Office pursued the murder charged due to Carter attempting to hide the guns and Chapman’s body. What they “overlooked” was the fact that Carter is on felony probation, Isaac said.

“When you look at it, he’s a felon and has a gun and has just shot someone,” Isaac said. “You can see why he might want to hide that fact.”
Many will say "good riddance", but a felon is still a human being.  A felon still has a right to life, and a right to defend that life.   The right of self defense is inherent in human existence.    Benjamin Jasper Carter is likely to go to prison for several years - for possession of a firearm by a felon - but not for an unjustified homicide.

How many unsolved homicides are self defense?  We do not know, but we know that some are.

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

Al: Domestic - Gun v. Boxcutter



He went outside, but continued to argue and asked to be let back in. She told him no, and closed the door, Christian said.

A short time later, the woman heard the front door being forced open, armed herself and found the man standing inside her home armed with a box cutter. When he moved toward her, she said, she fired one shot and he fled.

More Here

Fl: 77-Year-Old Shoots 2 Armed Intruders, 1 Dead, 1 Wounded


The shooting took place in the area of Southwest 270th Street and 189th Avenue in Southwest Miami-Dade. According to police, when the subjects, both in their 20s, entered the home, the 77-year-old homeowner armed himself with a gun. "There was a brief confrontation when he made contact with them inside the residence, realizing that they were in his house," said Miami-Dade Police Detective Romelio Martinez.

Investigators said one of the subjects was fatally shot in the chest, while the second was shot in the chest and arm. The homeowner was not injured.

More Here

AL: Gun beats Brick



Rather then hit the cashier in the head with a brick, jumped the counter, and began fighting with him.

The manager noticed the struggle and pulled a gun on Rather. The manager made him lay on the floor until officers arrived and took him into custody.


More Here

Fl: Dog owner shoots Pit Bull to save his pet


Nearly all states have laws allowing people to shoot dogs that are attacking their property/livestock.

Foxie’s owner, Tyrone Dyer, said he has no choice but to open fire on the pit bull when it attacked his dog.

“I’m not happy about it. I’m really not,” Dyer said. “It’s just a loss for everybody.”

Henrico Animal Control told Dyer the shooting was “justified” and that he was within his rights since there are laws that allow owners to protect their pets during an attack. But Dyer said he only started shooting after the pit bull’s owner gave permission.

More Here

PA: Woman Saved by Armed Citizen





Different outcome from the Kitty Genovese murder in NYC, in 1964, were guns are baned.

Another neighbor Nicky Mimikos said, "He’s on top of her just punching her in the face. He got up and started stomping her in the face."

That's when another neighbor, Henry Oppenheim, saw what was going on and sprung into action.

"So I quickly ran into my room grabbed my gun and went out to defend her," said Oppenheim “I said let her go. And then he finally did it."

Oppenheim has a concealed carry permit and says he brings his gun almost everywhere he goes.

"And then we moved her to the front to get her safe and secure and away from him," said Scriver.

More Here

OH: Armed Store Owner Stops Robbery attempt



Far-Less Food Market owner Harvey Nagra wasn’t impressed when a customer pulled out a handgun Sunday morning and demanded that he empty the cash register.

Nagra reached into his belt and pulled out his own handgun, sending the man fleeing out of his Akron convenience store and thwarting the attempted robbery.

“He didn’t get nothing,” said Nagra, who said he wasn’t scared during the robbery attempt at his East Buchtel Avenue store.
More Here

Judge Scullin Issues Preliminary Injunction; D.C. Permits to be Shall Issue



In two opinions issued today, 18 May, 2015, Judge Scullin essentially ended the Palmer v. D.C. case by refusing to issue a contempt citation against the D.C. government.  But, in another ruling on the new D.C. law, Judge Scullin issued a preliminary injunction against the enforcement of particular sections of the D.C. permit to carry law.   Those sections of the law are the ones that allow the police chief to turn down permits for applicants if they do not have "good reason" for them.  Here are the last paragraphs of the opinion:

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction are enjoined from enforcing the requirement of D.C. Code § 22-4506(a) that handgun carry license applicants have a "good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol," including, but not limited to, the manner in which that requirement is defined by D.C. Code § 7-2509.11 and 24 D.C.M.R. §§ 2333.1, 2333.2, 2333.3, 2333.4, and 2334.1, against Plaintiffs Brian Wrenn, Joshua Akery, Tyler Whidby, and other members of Plaintiff Second Amendment Foundation, Inc.; and the Court further

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, are enjoined from denying handgun carry licenses to applicants who meet the requirements of D.C. Code 22- 4506(a) and all other current requirements for the possession and carrying of handguns under District of Columbia law; and the Court further

ORDERS that, pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, Plaintiffs shall post security in the amount of $1,000.00; and the Court further


ORDERS that counsel shall appear for a conference with the Court on Tuesday, July 7, 2015, at 11:00 a.m. to discuss an expedited schedule for the resolution of this case.
It is likely that the D.C. Government will ask for a stay on the implementation of this preliminary injunction, and it may be granted.  That may take a little time.  In an article in the Washington Times, Alan Gura says that he expects the D.C. government to appeal the ruling.
“The issue here is not whether the District of Columbia’s ‘good reason’/’proper reason’ requirement is a reasonable or wise policy choice. Rather, the issue is whether this requirement, no matter how well intended, violates the Second Amendment,” Judge Scullin wrote.

The preliminary injunction leaves in place other concealed carry permit requirements, including the completion of firearms training and restrictions on where concealed weapons can be carried.

The lawsuit is not challenging those restrictions.

Lawyer Alan Gura, who is representing the Second Amendment Foundation in the lawsuit, said he was pleased with the ruling but expects the District to appeal.

“We’re going to fight all the way,” he said.
While the preliminary injunction is in place, the D.C. law is a shall issue law.   Palmer v. D.C.  is now dead, but the lawsuit against the new D.C. laws "may issue sections",   Wrenn v. D.C., is very much alive.

Alan Gura essentially swapped the Palmer v. D.C. for Wrenn v. D.C, and got a preliminary injunction against D.C. in the process.   Preliminary injunctions are not granted casually.

It will take a bit to see how this sorts out, but it appears that Alan Gura has achieved another significant win in the fight to restore the second amendment. 


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

TX: Open Carry Passed out of Senate Committee, Amended



Early reports from observers at the Senate State Affairs committee in Texas have written that HB 910, the licensed open carry bill, has been passed and sent to the whole Senate.  From Texasguntalk.com:

Texas Gun Legislation - 2015 84th Session Game on, they're back. Substitute approved.
 It appears that the Dutton Amendment, which would prohibit police from stopping open carriers without probable cause, has been stripped out
They removed the cop stop amendment. That's why they called it HB 910 Substitute.
 The Senate might be able to pass an amendment returning HB 910 to the form passed by the House. If it does that, then it would go to the Governor.   I believe that on the third read, an amendment has to have 2/3 of the votes to pass.  There might well be enough votes in the Senate to obtain that 2/3 majority.

Here is the amendment that was stripped from the House bill in the Senate State Affairs committee:
CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.
This is actually very close to what currently exists in Constitutional law.  I doubt that it will make much difference over the long run.   In the short run, it would normalize open carry a bit more quickly.

The official votes on from the committee have not been posted yet.

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

TX: Sheriff Appreciates Armed Homeowner



In Smith County, Texas, Ellis Tyra held one burglar at gunpoint, and felt compelled to shoot at a vehicle that was being driven recklessly toward him.   The story is a fairly familiar one.  The homeowner noticed a strange vehicle at his property.  He armed himself and investigated.

After finding two intruders, a man and a woman, he ordered them to stay in place, but the woman dashed to a vehicle and drove at/past the Tyra to escape.  He fired one shot that hit the vehicle but did not harm anyone.

Sheriff deputies arrived nine minutes after being called, took the man into custody, and captured the woman after a short pursuit.

The case is a stereotypical example of the synergy of armed citizens and peace officers.  The armed citizen is the first responder, because they are at the scene as it is happening.  The citizen serves as the eyes and ears of the sheriff department or police department.   The sheriff department provides backup, bringing armed reinforcements to the aid of the citizen, and coordinates the pursuit of escaping suspects.  

They also gather evidence, and do all the necessary administrative chores to insure that the rule of law prevails.   In short, they do the things that would be very hard for an ordinary citizen to do, because they have to make a living and have their own areas of expertise.

The interesting part of this otherwise common scenario is that support for the armed homeowner by the Sheriff was noted in the broadcast.  From cbs19.tv:
Sheriff Smith stated that he appreciates the quick actions of the homeowners as well as all Sheriff's Office personnel involved.
Such support is common in rural areas, and does much to explain the low crime levels usually found there.  Urban Sheriffs and police chiefs are finding the courage to voice their support as well.   Prominent examples are Detroit's Chief Craig and Milwaukee County's Sheriff Clarke.  

Sheriff Clarke was targeted by Michael Bloomberg's organizations for being supportive of armed citizens, but he survived the primary opposition that was funded by the disarmist, and now serves as an example to others.   Sheriffs and police chiefs can buck the establishment and win.

I suspect that  support has always been fairly common, but was not reported, or was downplayed,  before the  new media offered alternate channels of communication. You can see the confidence that Ellis Tyra has in his local Sheriff.   From  cbs19tv.com:
As for Tyra, he says the Sheriff has assured him no charges will be filed against him for firing his weapon.
An even better outcome would be to give Tyra an award for helping to stop crime in the community, as happened in this case in Kentucky.




Armed citizens and local Sheriff departments make an almost unbeatable combination when they work together, resulting in low crime rates.   It is only when a sizable percentage of the population do not trust the local peace officers, and refuse to cooperate with them, that crime rates skyrocket.   Conversely, when local peace officers show that they respect and appreciate armed citizens, it builds mutual trust and respect.


 Definition of  disarmist 

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



Monday, May 18, 2015

AK: Homeowner Shoots Aggressive Bear

Bears that do not show fear of humans are dangerous

“The homeowner stated he saw the black bear on the front porch of his home, and tried to scare it off by loudly opening and shutting the front door,” Oistad wrote in the statement. “The noise did cause the bear to leave the porch but not to leave the property.”

The man’s dog was tied up in the backyard, Oistad wrote. Shortly after the bear left the porch, the dog began to bark and the homeowner saw the bear approaching the dog. He then went back outside and tried to scare the bear away, Oistad said.

“The bear growled at the homeowner at which time the homeowner shot and killed the bear,” Oistad wrote.

More Here

Fl: Armed Victim uses Gunfire to stop Robbery



DEERFIELD BEACH, Fla. -

The victim was in the area to meet the buyer of a phone he had advertised for sale online, deputies said.

Deputies said the victim shot at the four people after they tried to rob him. The four would-be robbers fled in a vehicle.

More Here

TN: Wife Stops attack on her Husband with one shot

She asked not to be identified, but said she was just trying to protect her husband and her friend.

"He was fixing to start and get down on my husband and start beating on him," she said. "That was not going to happen."

Police said the single gun shot she fired barely missed Kevin Johnson after he attacked her husband in her front yard.

"I didn't want to kill him," she said. "But he was not going to hurt my husband and I knew that if I went over there he would have hit me."

Police said she acted in self defense after Johnson came to her home looking for his wife who fled after the two had an argument.


More Here

TX: Hangun beats Thrown Gas Can



HARRIS COUNTY, Texas -- Investigators believe a northeast Harris County homeowner was well within his rights to shoot an intruder who allegedly assaulted him with a metal gasoline can.


Robert Dietz, 72, said he noticed his surveillance cameras had gone dark Friday morning so he went to his front porch to check. He found a man rummaging through a storage trailer he keeps parked under his carport. The lock had been sheared off with bolt cutters and the suspect was deep inside the trailer.

More Here

Fl: Man was Justified in Shooting Ex

Prosecutors said Friday they won't press charges against a Mount Dora man who said he accidentally shot his ex-girlfriend, mistaking her for a burglar after she kicked her way through the front door of his home.

The evidence showed that Anthony Schaus acted out of a rational fear when he fired a gun at Felicia Hoffman on Oct. 30, 2014, according to a memorandum by Assistant State Attorney Emily Curington.

More Here

MS: Victim Shoots Kidnapper who Threatened his Wife

A commenter says the victim is an excellent marksman:

Police said around 6:30 a.m., a man who lives nearby was leaving his house, putting some items in his vehicle, when he was approached by two armed men. They forced him back into his home to get his wallet, then they forced him into his own Toyota truck to drive to an ATM and get money. They all ended up on Pinewood Drive, where the offenders planned to leave the victim.

We were told one of the kidnappers threatened to go back to the victim's house to harm his wife, and that's when the victim grabbed his own gun from the truck, and shot and killed one of the kidnappers. His body was found lying in a patch of grass on Pinewood Drive.

More Here

Mass Killings Stopped by Armed Citizens, Updated



Mass Killings Stopped by Armed Citizens has been my most popular article.  It was published on 16 December, 2012.  I had been collecting these incidents for a few years, ever since I noticed that the old media gave them virtually no coverage.  They received a little local coverage, but were ignored/spiked by the national media.

In the original publication, there were eight incidents.  Readers quickly brought more to my attention, swelling the list to fifteen.  Over the last two years, seven more incidents have been added.  One of those, the SC Boiling Springs event, does not appear to be a likely mass shooting.  I added it in response to a reader, with the note that it did not really fit.   It is not included in this update, which brings the total to 21 incidents that have come to my attention by 17 May, 2015.  Only incidents in the United States are included.    Given the lack of curiosity, if not direct hostility, by the old media about these incidents, it is likely that there a significant number exist that have been under reported and are unknown to me.   The totals will change as more incidents are brought to my attention.

For clarity, I have arranged the incidents in chronological order, and have interjected commentary where it seemed appropriate in this update.  I have refreshed links where they have gone bad.  A few older links are to secondary sources reporting on the original article, where the original has disappeared down the memory hole.

---------------------------------------------------------------------------------------------------------------------------------

 This is  the oldest incident that I have found.  I include it because it is in the "modern era".   It occurred in 1915, in Brunswick, Georgia.  It is a bit unusual in that 20 or more people were wounded and at least five killed.  The citizen who finally stopped the slaughter obtained the pistol used from a hardware store, during the attack, after he had been wounded.  The shotgun was actually a double barreled model.

Angered by losses in a real estate deal, Monroe Phillips, a lead business man, ran amuck today with an automatic shotgun and killed five men and wounded twenty others before he himself was killed. Phillips was shot dead by E.C. Butts, a lawyer, while he was trying to fire upon citizens who appeared in the street.

Link to 1915 Brunswick GA Mass Shooting story

Link to the 1915 NYTs Article  March 6, 1915

There is an astonishing gap for the next 76 years.  Several explanations are possible.  President Woodrow Wilson instituted severe censorship during WWI; political "progressives" became dominant during this period; and bans on the carry of weapons were adopted across much of the country.  There may have been formal or informal decisions made at AP to spike such stories.   I will not be surprised if readers find several incidents in this period that were spiked by the national media and only reported locally.  Without the Internet for research, they are difficult to discover.   The next reported story is from 1991.

 The 17 December, 1991, Aniston, Alabama defense where a CCW holder stopped armed robbers who were herding employees, customers, and his wife into a cooler. He shot both robbers, killing one.


 17 December, 1991, 20 innocent lives saved, and it wasn't even news to ABC,  CBS, NBC, or CNN__no bloody innocent bodies for the "film at eleven." What's  more, it never even made it in to the largest Georgia daily newspaper. I was  doing a site inspection of our Warner Robins (Robins AFB) classified/crypto  account at the time.

Aniston Shoney's Shooting Link   17 December, 1991


August 23, 1995  Plans to slay everyone in the Muskegon, Michigan, store and steal enough cash and jewelry to feed their "gnawing hunger for crack cocaine" fell apart for a band of would-be killers after one of their victims fought back.

Muskegon Shooting Link  


October 1, 1997  The Pearl High School shooting was stopped by vice principal Joel Myrick with his Colt .45.  He had to retrieve the handgun from his car.


Pearl High School Link     

April 24, 1998  Parker Middle School Dance Shooting
 
14 Year old Andrew Jerome Wurst Killed one person and wounded three others when he was confronted by James Strand who subdued Wurst with a shotgun and held him until police arrived.

Parker Middle School Dance Shooting Link   

July 5, 1999  The Santa Clara gunshop shooting in 1999 was stopped by an armed citizen after the shooter declared that he was going to kill everyone. Police found a list of intended victims in his car. Only the perpetrator, Richard Gable Stevens was shot.

Santa Clara Gunshop Link    

24 February, 2005  Tyler Courthouse shooting,  While police officers were involved in this shooting before and after Mark Alan Wilson intervened, no more people were killed after he shot the shooter, who had body armor, and who was able to return fire and kill the CCW holder, Wilson.

Tyler Courthouse Shooting Link


February 12, 2007  An off duty police officer stopped the Trolley Square shooting with his personal handgun. He stopped the killing and contained the shooter until police reinforcements arrived and ended the situation.   Off duty police officers are armed citizens.
 
Trolley Square Shooting Link


9 December, 2007  The mass church shooting in Colorado Springs was stopped by the shooter being shot by a church member with a CCW permit.




New Life Church Link   


25 May, 2008   Winnemucca NV shooting

 The shooter, Ernesto Villagomez, entered the Players Bar and Grill and killed two people. He reloaded and was continuing to shoot when a citizen with a concealed carry permit shot him and stopped the killing.

Winnemuca Shooting Link


 May 4, 2009  College Park, GA,

 Two gunman entered a party and ordered the men separated from the women. Then they started counting bullets. “The other guy asked how many (bullets) he had. He said he had enough,” said Bailey.
When one of the assailants prepared to rape a girl, a student was able to access a handgun and engage the two attackers in a firefight, driving one off and killing the other before the thug could rape his girlfriend.
“I think all of us are really cognizant of the fact that we could have all been killed,” said Bailey.

College Park Link


 July 13, 2009, in Virginia at the Golden Food Market: The gunman tried to shoot several people, was stopped by a CCW carrier.

Golden Food Market Shooting Link


27 May, 2010   AT&T Store

Abraham Dickman had a history of anger against employees of the AT&T store in New York Mills, New York. On May 27th, 2010, he walked into the store with a .357 and a list of six employees. He shot the first employee, but was stopped from further attacks when Donald J. Moore, an off duty police officer who was allowed to carry his own handgun when not on duty, drew and fired his .40 caliber, killing Mr. Dickman before he could fire any more shots.

AT&T store Link


9 September, 2012   Plymouth PA shooting

Consider that the Plymouth shooting incident happened just three months before Sandy Hook.  Mark Ktytor, a concealed carry permit holder, stopped a likely mass killing before it reached enough victims to officially quallify.   From the citizensvoice.com:

"Mark Ktytor?" the latest in the stream of reporters asked, trying to put a face to the name of the man investigators credited with preventing a fatal bar shooting last weekend from escalating into a massacre.
 Link to Plymouth, PA Shooting story




April 24, 2012  Destiny Christian Center Shooting

 Kiarron Parker rammed his car into another in the church parking lot, got out and attempted to kill multiple church members. He was only able to kill one before a member of the congregation, the nephew of the lady killed, and an off duty police officer, drew his handgun and shot Parker, stopping the killing.

Destiny Christian Center Shooting Link


11 December, 2012   Clackamas Mall Shooting 

I include this story because it is recent and has been getting some interest on the net. This case is not as clear as the others listed. This incident is similar to the more common defensive uses of guns because the mere display of the gun was enough to defuse the situation. We can never know if the shooter decided to commit suicide because he was confronted by Nick Meli, the CCW holder, as the shooter is dead. However, many mass shooters commit suicide when they know that armed resistance is at hand.

Clackamas Concealed Carry Showdown Link




 29 July, 2012  Peach House shooting, Texas

In Early Texas, armed citizen Vic Stacy shot and stopped a deranged man who had just murdered two neighbors and was firing at police with a rifle. Stacy made a very long shot with his revolver, three times as far as the perpetrator was from the police officer, who had an AR-15 type rifle.




That sounds like a very good story... but it never made the national news.
I wonder who made the decision to spike that story.
Of course, when a mass shooting is stopped by an armed citizen, there are not as many victims. This leads to the charge that it would not really have been a “mass shooting”.   Vic Stacy was awarded a rifle and ammunition by Governor Perry for his valor in this incident.



Early Texas Peach House Shooting Link

 Updated link to Peach House Shooting one Year Later




24 July, 2014  Mercy Fitzgerald Hospital in West Philadelphia shooting

A mental-health caseworker is dead and a doctor and his patient wounded after a bizarre gunfight at a gun-free-zoned hospital in Yeadon, Pa., near Philadelphia, Thursday. As police prepare murder charges against the wounded patient, focus is shifting to the gun-toting psychiatrist who stopped the mayhem, likely saving other lives.

Prosecutors say Dr. Lee Silverman opened fire on Richard Plotts, after Mr. Plotts shot his caseworker and barged his way toward Dr. Silverman’s office desk after gaining access to Mercy Fitzgerald Hospital. Silverman crouched down behind his desk and fetched his gun, which he then fired at Mr. Plotts, wounding him several times before he was subdued.
Comment on some of the media coverage of a rare firearms defense in a gun free zone

 Doctor Stops Murderer at Mercy Fitzgerald Hospital 24 July, 2014 




May 22, 2015  Falah Barbershop shooting  at West Philadelphia. 

A 40-year-old man was inside Falah Barber Shop Inc. on the 600 block of Preston Street shortly before 3 p.m. Sunday when police say he began fighting with another person inside.

 "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."
Link to Philadelphia Barbershop shooting stopped by Armed Citizen with CCW Permit   




19 April, 2015  Uber driver Shoots Gunman who is shooting into Crowd in Chicago
The driver had a concealed-carry permit and acted in the defense of himself and others, Assistant State's Attorney Barry Quinn said in court Sunday.
A group of people had been walking in front of the driver around 11:50 p.m. Friday in the 2900 block of North Milwaukee Avenue when Everardo Custodio, 22, began firing into the crowd, Quinn said.
The driver pulled out a handgun and fired six shots at Custodio, hitting him several times, according to court records.

Link to Uber Driver Hero in Chicago article


22 March, 2015   Los Altos Skate Park Shooting

The mass shooting took place on 22 March, 2015.  It took a while for the police to figure out what happened from cell phone video, but apparently a criminal gang attempted to steal a skateboard, then opened up on the mass of skate boarders when they attempted to retrieve the stolen item.   At least three people were shooting illegally, hitting six innocents, paralyzing one, until a legal handgun carrier was able to fire back, killing one of the aggressors,  17 year old Jaquise Lewis.  That stopped the attack.

 Link to Los Altos Skate Park Shooting


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


 

Sunday, May 17, 2015

UT: Followup; No Charges for Man who shot Carjacking suspect


According to a press release issued Thursday, the Utah County Attorney’s Office has reviewed the evidence and determined that no criminal charges will be filed against the man who fired his weapon.

The release states that 26-year-old Taulagi Matafeo was attempting to carjack a vehicle in Orem, and as the female victim screamed for help another man who was lawfully carrying a concealed firearm heard her cries and came to help.

More Here

TX; Repeal of Knife Ban Passes House



HB 3884, which repeals the Texas prohibition on many popular knives, has passed the Texas house.  It is clear that knives, especially knives such as Bowie knives, swords, and daggers, are arms protected under the second amendment.  But these arms were banned from carry in Texas, along with handguns, during the carpetbagger government takeover of Texas after the Civil War, or War between the States, if you prefer.  When the Texas legislature reformed the law with shall issue concealed carry permits, they did not include knives.

The law was very selectively enforced.   One correspondent from Texas, reported a conversation with a San Antonio police officer, about their knife law.   From freerepublic.com, Resolute Conservative writes:
Don’t get me started. I asked a San Antonio cop about this when I heard about it, and the response was, “Oh, we just got that passed so we could jack up the gangbangers - but we wouldn’t enforce it against YOU...”
May have been born at night, but it wasn’t LAST night...
It appears that the Texas legislature is willing to address the issue, especially given the events in Baltimore, where the Freddy Grey case rests, in part, on the vauge wording of a Baltimore knife ordinance.

Before the Civil War, Texas had one of the strongest protections of the right to keep and bear arms of any state.   It even extended the protection to slaves.  Yes, unlike most slave states, in Texas, slaves had the right to be armed.

HB3884 has passed the House, as has a companion bill for knife preemption, HB  905.

The bills still need to pass the Texas Senate, and there is not much time left in this legislative session.  Still, it seems that Texas is close to enacting significant reform of its archaic knife laws.

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



Video of Apperson; Attorney discussing Zimmerman Shooting




Worth watching to see Matthew Apperson body language. 

Confirmed: Zimmerman Shooting apparent Assassination Attempt



Matthew Apperson is the suspect in the assassination attempt on George Zimmerman

The treatment by the old media of the assassination attempt on George Zimmerman has been astounding in its willful spin.  It is clear that George Zimmerman was attacked without provocation by a mentally unstable man who was obsessed with him.  He narrowly missed being killed after attempting to escape the situation, and there are numerous witnesses that corroborate his version of events.   Apperson has been arrested on three extremely serious charges.  They are:

Aggravated Assault with a deadly weapon

Aggravated battery with a deadly weapon

Firing a deadly missile into an occupied conveyance

Under Florida law, these charges have a mandatory minimum 20 year sentence.

An unbiased headline would read: Suspect arrested in Zimmerman assassination attempt.      Here are some of the headlines from the old media:

From abcnews.com:


Matthew Apperson Accused of 'Intentionally' Shooting at George Zimmerman's Car

From cnn.com:

Man charged with shooting into George Zimmerman's truck, Florida police say

 From nbcnews.com:

George Zimmerman Shooting: Matthew Apperson Charged


From cbsnews.com:

Man who shot at George Zimmerman arrested


From the orlandosentinel.com:

Matthew Apperson arrested after shooting involving George Zimmerman


 From the Palmbeachpost.com:

Man accused of firing at George Zimmerman arrested
From baynews9.com:

Matthew Apperson arrested in George Zimmerman shooting



You have to go to a paper based in England to find the following:
 
 From the dailymail.co.uk:
Man who shot at George Zimmerman told cops: 'I hope I got him this time' ...as he is charged with aggravated assault

But even the the Daily Mail mischaracterizes the assassination attempt as a "confrontation".
A man who shot at George Zimmerman during a confrontation earlier this week along a busy central Florida road has been arrested. 
I do not think that most people would characterize a mentally unbalanced man who stalks a famous person, who attempts to kill the famous person, and who says  "I shot George Zimmerman" immediately afterward and " "I hope I got him this time" to police later, as a "confrontation".   A confrontation implies fault on both sides.   George Zimmerman appears, from the witness accounts, merely to have attempted to flee from Apperson.   

Kenneth Cornell says that Apperson  approached him immediately after the shooting:
Kenneth Cornell told WESH 2’s Gail Paschall-Brown that he called 911 after the alleged shooter approached him and said, “I shot George Zimmerman.” Cornell said the alleged shooter then got on the phone with dispatch and explained what happened.
The media are trying to spin this event to blame George Zimmerman for an assassination attempt on his life, but facts, as they say, are stubborn things.

The police investigation found exactly what a commenter at the Washington Post reported:  According to a commenter at the washingtonpost.com:
WillB2

5/13/2015 11:01 AM MST

It is a very busy road and dozens saw the events. They were interviewed last night on local (Channel 10) TV. According to them, Apperson was chasing Zimmerman, waving a gun and yelling out of the window of his car. Zimmerman was trying to flee. Zimmerman then made a U turn in an attempt to escape, but Apperson made a U Turn as well, drew up beside Zimmerman and fired into his car. Apperson is now facing the mandatory 20 years in prison and Zimmerman won't be seeing him again until 2035.

George Zimmerman has to be one of the most reviled and maligned men in America.  His sin is that he defended his life at a time when the Obama administration was looking for an incident to inflame black voters.

Most of the articles report Apperson's account of previous encounters as fact.

Some of the most biased reporting  is from ABC;  they write:
This wasn't the first run-in between Zimmerman and Apperson. In September 2014, the Associated Press reported that Apperson was stopped at a light in Lake Mary when a passenger in the car next to him started yelling, unprovoked.
The truck's driver, who Apperson believed to be Zimmerman, then reportedly said to Apperson, "Do you know who I am?"
Apperson pulled over, he said, and the truck followed him, blocking him in. Apperson claimed both men threatened to shoot and kill him, the AP reported. Apperson said he called police, but the truck was gone when officers arrived.
Two days later, Apperson said he saw Zimmerman outside his office and was worried Zimmerman was waiting for him, the AP reported.
What they ignore, is that all of the above was completely unsubstantiated, other than by Matthew Apperson, who we now know has mental problems

It was not a "run-in between Zimmerman and Apperson" but a stalking of Zimmerman by Apperson.   Only one reporter asked Zimmerman for his side of the event; that reporter did not publish Zimmerman's version.

An assassination is " to kill (someone, such as a famous or important person) usually for political reasonsThe definition seems to fit the attack on George Zimmerman rather well.

For an effective and readable, fact based analysis of the Zimmerman trial, Massad Ayoob has done the best job.


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