Monday, April 14, 2014

Oregon Appeal Court: Frisk that Found Pistol Unconstitutional




When I was being trained as a peace officer, the subject of searching or "frisking" citizens was addressed several times.   Some of the training seemed to be  more about how to finesse the legal boundaries than the necessity of respecting citizens's rights.   I vividly remember one instructor saying: "I have never heard of a judge throwing out a case where a weapon was actually found."

The pendulum seems to be swinging back the other way. From AP at FindLaw.com:
The judges ordered that the officers' discovery of the loaded pistol carried by Diego Rodriguez-Perez be suppressed as evidence and sent the case back to trial court.
 This reinforces the Supreme Court decision in Florida v. J.L. (2000) 529 U.S. 266:
Finally, the Court dismissed the state’s argument for a blanket “firearm exception” to the Terry reasonable suspicion requirement. Under such an exception, an undetailed and uncorroborated “tip alleging an illegal gun would justify a stop and frisk even if the accusation would fail standard pre-search reliability testing.” (Id. at 272.) The Court reasoned that this would allow wrongdoers to engage in harassment of other individuals by falsely asserting that they were carrying firearms. (Ibid.) Moreover, there is no logical way to limit any such public policy exception merely to tips involving firearms; any exception would quickly be expanded to drug-related tips and beyond to any tip reporting dangerous or threatening criminal behavior. (Id. at 272-73.)
 While this is a Oregon Appeals Court, it none the less signals a movement back toward some limits on government and police power.

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

NC:Police Shut Down Private Buyers at Gun Turn-In (buy back)




Winston Salem had its second gun turn in event this year (2014).   They spent over $40,000 in the two events, collecting over 475 firearms, 364 on March 15th, and 111 yesterday, the 12th of April.  Both events quickly ran out of money.   On the 15th, the City issued IOUs, yesterday they stopped giving out gift cards when the money ran out.   

Long lines were reported when the money ran out, about 5 minutes before the official start time of 9 am.  Ordinarily, this is an ideal opportunity for private buyers to purchase guns from people who do not want them.   The private buyers get the guns off the street and into responsible hands, stretching the "buy back" dollars.   In Winston Salem, the police were not allowing private purchasers to buy guns.  From "Ruger" at opencarry.org:
It was a bust. We arrived at 8:55. From 3 different entrances into the neighborhood, cars were lined up for the event & officers were approaching the vehicles. The first words out of the officer's mouth were "We're all out of money." This was 5 minutes before the scheduled start time. The officer was insistent that they don't want anyone getting out of their vehicles. I explained our intent & my interpretation of the law in that we would not be doing anything illegal. The cop was polite, but admitted point-blank that they don't want other people taking the guns that are being brought here.

I appealed to him, "Look - y'all are out of money & it's obvious that there are lots more people here with guns they don't want. I ain't here to cause trouble. To the best of my knowledge there's nothing illegal about what I intend to do. I just figure maybe there's some blue haired old lady with her husband's old WWII 1911 or service revolver who doesn't know what she's got & doesn't want it anymore. I'm a gun owner. I have no criminal record. I like guns and I like bargains. I'd love to give a good home to an unwanted gun or two."


He called his supervisor over. I went through the same thing with him. He asked if I am a dealer (no). Eventually he agreed that we could stand on the corner and attempt to purchase from the folks who were showing up, "since you have a permit."


Me: "Huh? Permit?"

Supervisor: "You do have a solicitation permit, right?"
Me: "No. Never heard of such a thing."
Supervisor: "In Winston Salem you have to have a solicitation permit in order to stand on public property in attempt to buy/sell."
Me: "Nice." [sarcasm]

That ended it for us. That neighborhood was crawling with cops. I didn't drive there to get arrested for failing to have a solicitation permit. I Googled it - WSPD *does* arrest folks for violating this law. The permit does exist.


I figure since this is the 3rd such event the city has held in the last year, and since this one was such a smashing success (in their view), there's bound to be another one. So next time when my buddy & I show up we will have permits to solicit.
I suspect that this is pure intimidation.    I doubt that such a "solicitation permit" would hold up in court, but people do not want to be a test case without significant preparation.     The code that seems to apply in Winston Salem is a "Peddlers" license, section 34-23.   It does not apply to people who offer to buy items, only to people who are selling.   From the municipal code of Winston Salem:
Every itinerant salesman or merchant who shall expose for sale, either on the street or in a house rented temporarily for that purpose, or from railroad cars, any goods, wares or merchandise, bankrupt stock or fire stock, not being a regular merchant in the city, shall apply for in advance and procure a city license from the revenue collector for the privilege of transacting such business.
This shows the wisdom of recording such police interactions.   Unless there is another  ordinance that I am unaware of, the police supervisor clearly violated "Ruger"'s constitutional rights of free association and free speech.   Mr. "Ruger" appears to have an actionable case for suppression of constitutional rights under color of law.

While Winston Salem had 111 guns turned in at this event, it appears that the police  illegally and unconstitutionally prevented dozens of others from being taken off the street.  

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

Sunday, April 13, 2014

Sig Sauer sues ATF for calling its 'muzzle brake' a gun silencer

NEWINGTON — Gun maker Sig Sauer has filed a civil suit against the federal Bureau of Alcohol, Tobacco, Firearms and Explosives claiming the federal agency wrongfully classified a “muzzle brake” Sig designed to reduce recoil, as an item “intended only for use” when making a silencer.

Sig claims that gun silencers are “subject to burdensome legal requirements” and by calling its muzzle brake a part for a silencer, the federal agency is subjecting it to “economic injury.”

“If classified as a silencer, no market exists for the subject device given that it will not silence, muffle, or diminish the report of a firearm and yet it would still be subject to the burdensome requirements set forth above as if it really is a silencer,” Sig argues through Manchester attorney Mark Rouvalis and Virginia attorney Stephen Halbrook. 

WV:Homeowner Uses Shotgun to Stop Break-in

Sheriff McComas said Davis was incoherent and injured, but he told his family what happened.

"He said I broke into a house and the guy shot me," said McComas.

He said as soon as Davis is discharged, he will be arrested.

As far as the homeowner, McComas said he believes he was justified in using deadly force, though the case will now head to the Prosecutor's office.

 More Here

Saturday, April 12, 2014

Daniel Greefield: The Rise of Faketivism

More excellent analysis by Daniel Greenfield:

What do the forced departure of Brendan Eich from Mozilla and #CancelColbert have in common? They are both examples of Fakectivism.

Fakectivism is social media activism by small numbers of people that is integrated into the news cycle because it matches the media’s political agenda.

Every Tea Party member knows that media coverage of actual protests is unequal. Twenty students, most of them volunteers at an environmental non-profit, protesting Keystone will get media coverage that a thousand Tea Party members protesting ObamaCare won't receive.

The same is true of online protests.

Many of the real life protests covered by the media are fake. For example, unions hire non-union protesters to protest on their behalf, a fact that the media organizations covering the protests rarely point out. (That same privilege wouldn't be extended to Tea Party members who hired professional protesters to yell at the cameras for them.)  Other protests pretend to be grass roots when they actually consist of members or even paid employees of a single organization.

During the Bush years, many anti-war protests were actually run by the same small number of radical left-wing groups, but were reported on as if they were mainstream marches of ordinary people.

The situation has become much worse online as the media applies this same selective sloppiness to internet Fakectivism.

Fakectivism online multiplies the problems with media coverage of left-wing activism by completely distorting the number of people participating in a protest and their credibility in representing anyone except themselves.

In real life protests, the media routinely reported higher turnout for left-wing protests and lower turnout for conservative protests. Online, Fakectivism dispenses with head counts. If it's a trending topic, then it's news. And sometimes it's news, even if it isn't.

Fakectivism begins with left-wing agitprop sites selectively collecting tweets in support or against something. Invariably the handful of tweets are described in collective terms as "The Internet" being outraged or supportive of something. The use of the collective "Internet" is a staple of Fakectivism because it conflates a manufactured story with the impulses and opinions of billions of people.

Successful Fakectivism moves up the ladder to higher end left-wing websites searching for teachable controversies. These websites have enough status that they are monitored by producers and editors from the mainstream media looking for stories.

The mainstream media harvests content from sites such as Slate or the Huffington Post and reframes it in biased but credible language while disguising its sources. Twitter Fakectivism is invariably described as a "backlash" or a "firestorm". Phrases such as "Twitter was lit up by outraged users" give non-technical readers the impression that the complainers represent the consensus of the site instead of a small number of overactive users.

The manufactured Fakectivism becomes a major news story by a successive filtering process that disguises the dubious source and the credibility of the originating event.

Eich's donation in defense of marriage had already become an issue two years ago. The same Twitter attacks were curated by left-wing Fakectivist websites, but the 'spark' that would allow the story to go mainstream was missing. Instead Eich walked away, mostly unscathed, because the protests did not gain traction in the media.


More Here


Complementary:  Rise of the Mediacracy

WA:Dave Workman:Spokane jury acquits man who shot car theft suspect

A Spokane jury Thursday acquitted a local man on manslaughter charges in the March 2013 shooting death of a an alleged car thief who was driving away in his SUV, and later determined that the shooting was justified, so defendant Gail Gerlach could be reimbursed for his trial expenses, according to KHQ News.

More Here

WA:Son Protects Mother,Shoots 2 Intruders


A 54-year-old woman and her 21-year-old son were inside the house, and Ireton said the son grabbed a gun and opened fire on the two burglars. One of the men was hit in the back and the other was hit in the arm, Ireton said.

More Here

WI: Shooting Range Protection signed by Governor Walker




SB527, the Wisconsin range protection legislation, passed the legislature with wide margins,  19 - 13 in the Senate and  65-35 in the House.   It was signed into law by Governor Walker on 9 April, 2014. 

The law builds on current law which exempts sport shooting ranges from zoning ordinances related to noise and grandfathers in ranges that legally existed prior to July 16th, 2013.

This bill extends immunity from lawsuit to the owners and operators of the shooting ranges, and exempts shooting ranges from state or local zoning conditions or rules related to noise or to nonconforming use, including zoning laws related to shorelands or navigable waters, and immunity from civil liability related to the use or accumulation of projectiles on the range or other real property of the owner that is contiguous to the range.   Here is an example of one of the protections in the bill:
  An owner, operator, officer, or board member of a sport shooting range, and any employee or volunteer acting on behalf of the owner or operator who provided recommendations regarding the operation of a sport shooting range, are immune from any civil action based solely on the negligent action of a user of the sport shooting range.
It is clear that Wisconsin is learning the lessons of other States, where local governments have successfully shut down long established ranges.     The Kitsap Rifle and Revolver Club in Washington State (est. 1926) has been under attack for years by local opponents who claim that property values will increase if the Club is shut down.   The Kitsap struggle continues to this day.    The latest tactic is to claim that the Club needed zoning permission to do maintenance on a long established driveway. 

There are controversies with ranges in Wisconsin that may be affected.   The Hartland Sportsmen's Club is currently suing Delafield, Wisconsin to continue in operation. 

Allegations that shooting range land is sought by developers who use zoning power to obtain it run rampant in controversies that I have observed over the years.     A coalition between second amendment opponents  who wish to stop shooting anywhere, anytime that they can, and those who see a possibility for significant financial gain, is often perceived.

Shooting ranges have been shut down all over the country,  making the ability to target practice or to meet legal requirements for carry permits difficult in many locations.  No ranges currently exist in Chicago, and only one indoor range is available to the public in New York City.

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

Friday, April 11, 2014

MILLER: D.C. investigating Mark Witaschek’s taxes after conviction for muzzleloader bullet

The District of Columbia has spent almost two years persecuting a good man because they wrongly thought he had guns in the city.

It wasn’t enough to prosecute Mark Witaschek for having one shotgun shell and a box of muzzleloader bullets. After a three-month trial that ended in a conviction, the city started an investigation into the businessman’s taxes.

MI: Armed Homeowner Kills one Intruder, Wounds Another

Detroit police Sgt. Michael Woody says the two 19-year-old suspects, a male and a female, broke into the home on the 19000 block of Asbury Park just before 6 a.m. Woody says the 47-year-old homeowner fired several shots with a rifle, striking both suspects after they broke a window and tried to get in.

KS:Gun Reform Goes to Governor Brownback






The Kansas legislature has passed the current gun law reform bill by overwhelming margins and sent it to Governor Brownback for signature or veto.    The bill, HB2578/SB447, strengthens state preemption language that limits the power of local governments to chill the exercise of second amendment rights.

It requires adequate signage to prohibit the open carry of firearms by premises that choose to do so.   There is no penalty for open carrying in such premises unless the open carrier refuses to leave when asked to do so.

Guns that are forfeited to law enforcement agencies are mostly prohibited from being destroyed, unless used in a homicide. Local governments are not allowed to spend money on gun "buyback" programs

Local governments are given immunity from lawsuit for employees that commit a wrongful act with a firearm, and are not allowed to ask if employees have a concealed carry license as a condition of employment.   Local governments are allowed limit employees from possessing weapons while working.

Firearms may not be carried while under the influence of alcohol or drugs.   There are exceptions for private property and unloaded firearms.  The blood alcohol standards that apply to impaired driving are applied to the carry of loaded weapons. 

A broad knife pre-emption is part of this package, part of a trend that recognizes that knives are arms protected by the second amendment.

Kansas has restored significant portions of second amendment rights in recent years.   It seems likely that Governor Brownback will sign this legislation.    He signed firearms reform legislation a year ago on April 16th.  This law builds on that reform.

The final vote was 102-19.
 

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

Thursday, April 10, 2014

Knife-free zone coming up?


Twenty people have been injured - five with life-threatening wounds - in a stabbing spree Wednesday morning at Franklin Regional High School in Murrysville, Pennsylvania.

Murrysville police chief Thomas Seefeld confirmed a 16-year-old male student is in custody, and CBS Pittsburgh later identified the suspect as Alex Hribal. The teen was photographed being driven from the police station to a nearby hospital for medical treatment just before 10:30a.m.

In a morning press conference, Seefeld revealed an assistant principal wrestled the suspect to the ground after he ran through multiple classrooms and hallways brandishing two knives.

Four of the victims were airlifted to hospital and at least three of those are still in critical condition, according to Westmoreland County emergency management and hospital officials

 http://www.dailymail.co.uk/news/article-2600608/At-six-people-injured-high-school-stabbing-spree.html

FL:Bill to Allow Citizens Guns in Emergencies Passes Senate Committee


FEMA - 11135 - Photograph by Jocelyn Augustino taken on 09-18-2004 in Florida



SB 296, the Florida bill that would remove restrictions on citizens carry of guns during an emergency, passed the Senate Community Affairs Committee on the  8th of April.  The bill reflects the philosophy of the second amendment, that guns in the hands of citizens enhance public safety.   Currently, the rights of Florida residents to carry arms are significantly restricted.   The open carry of weapons is restricted to certain activities, such as hunting, target shooting, fishing, and on a persons private property.  Concealed carry of weapons is restricted to people who have some training and who pay the fee to obtain the concealed weapons license. 

During an emergency, a resident may be forced to leave their property.  Under current law, if they have not taken the time and trouble to obtain a concealed carry permit, there is no legal way for them to carry a weapon for defense of themselves and others.  The proposed law removes the requirement for the permit during emergencies.  From tampabay.com:
The Community Affairs Committee voted 8-1 to pass SB 296, sponsored by Sen. Jeff Brandes, R-St. Petersburg, that would remove any criminal penalties for those found carrying weapons in public without a permit during evacuations ordered by the governor.
The law exposes the fundamental rift between political parties written about by Thomas Jefferson, among others.   Jefferson wrote:
"Men by their constitutions are naturally divided into two parties: 
1. Those who fear and distrust the people, and wish to draw all powers from them into the hands of the higher classes. 
2. Those who identify themselves with the people, have confidence in them, cherish and consider them as the most honest and safe, although not the most wise depositary of the public interests."
 --Thomas Jefferson to Henry Lee, 1824. ME 16:73 

 It is the second group that are working to reform Florida law to bring it into closer conformity with the second amendment, and the first group that oppose such actions.   It was distrust of the people that lead to more and more infringements on the second amendment in the United States.   The iconic political theorist,  Niccolo Machiavelli, noted the problems with politicians disarming people:

When you disarm [the people] you commence to offend them and show that you distrust them either through cowardice or lack of confidence, and both of these opinions generate hatred against you. - Niccol├│ Machiavelli, The Prince. 1537.
The crime rate soared as more gun control was enacted, until 1993, as reforms made exercise of the second amendment a significant reality.   Large numbers of states followed Florida's lead in enacting "shall issue" concealed carry laws.  Illinois, the last holdout to allow any concealed carry in public, was forced by a Federal court to enact a shall issue law last year.  Five states now have "constitutional carry", where no permit is required.

The crime rate has dropped during the same period as the "trust the people" model has prospered.  Correlation does not prove causation, but it makes it difficult to believe that the "progressive elite" model that does not trust the people, is factually accurate in the United States.

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

MO:Suspect Armed with Knife Shot by Store Owner's Son




RICHWOODS, MO (KTVI) – A Washington County man is hospitalized after his alleged attempt to rob a small town store backfired badly. Deputies say the robber literally violated the old truism, “Never take a knife to a gunfight.”

(snip)


Johnson is now under guard at a St. Louis hospital. He will be held on $75,000 bond once he’s out.

Back in Richwoods, neighbors are shocked, not so much that a crime happened, but that anyone would be foolish enough to try to rob Cobb’s.

More Here

Courthouse News: "Gun Control Expert" has Tough Time in Court

DENVER (CN) - A gun control expert and proponent of background checks had a tough time defending his case in Colorado's gun control trial.

     Monday was day six in the federal trial brought by 31 Colorado pro-gun groups and people who claim that three bills regulating gun use in Colorado are unconstitutional.

More Here 

Wednesday, April 09, 2014

MO:Felon Held at Gunpoint for Police


According to reports from the sheriff's office, the suspect was caught in the act by the homeowner and the suspect was held at gunpoint until authorities arrived.

(snip)

Gaither has numerous felony convictions and was currently out on parole.

More Here

MI:Retired Nurse Stops Mob Attack


Detroit — Deborah Hughes stood up to a ferocious mob and possibly saved a man’s life.

(snip)

Hughes also made sure to pack her .38 caliber pistol. “You have to carry a gun around here,” she said. “This neighborhood is terrible. I don’t walk around without my gun.

(snip)

“I said ‘Please don’t hit him anymore,’ and they backed up. Everybody cleared the way and gave me room to work on him. Nobody cussed me; they didn’t attack me. They just let me do what I needed to do.

More Here

Concealed Carry and Murder Rates



It's a simple theory: More guns in the hands of law-abiding citizens are more likely to prevent criminal negligence. This isn't just the conjecture of right-wing extremists as the Left would have you believe; rather, it has strong statistical support in study after study. You can now add another analysis to that mix – according to economist Mark Gius, more guns still equal less crime. Gius explains, “Using data for the period 1980 to 2009 [which he adds "is one of the longest time periods examined in any research on assault weapons bans or CCW laws”] and controlling for state and year fixed effects, the results of the present study suggest that states with restrictions on the carrying of concealed weapons had higher gun-related murder rates than other states. It was also found that assault weapons bans did not significantly affect murder rates at the state level. These results suggest that restrictive concealed weapons laws may cause an increase in gun-related murders at the state level.“ There are causation and correlation questions that remain, but one thing seems clear: Guns don't cause crime.

http://patriotpost.us/posts/24690

TN: Senate Votes for Permitless Open Carry

NASHVILLE — The state Senate approved a bill Tuesday that, if approved by the House, would allow any Tennessean who is not legally barred from possessing a gun to openly carry a handgun on their persons, without a permit, as long as it can seen by others.

The House measure, however, is “behind the bill,” meaning it will be one of the last items taken up in the coming weeks. Its chances for passage are considered slim.

More Here

TX:Open Carry in Arlington meets Public Approval



The open carry movement in Texas is becoming mainstream.  Texas is one of a few states where openly carrying a holstered, modern handgun is barred by law from most public places.  This anomaly in the law occurred because Texas was on the losing side of the Civil War, or War Between the States, if you prefer.  There is a convoluted history to explain it, but before the war, the Texas Constitution guaranteed an absolute right to carry arms, even for slaves.  After the war, the change through two Constitutional conventions resulted in losing the protection for arms that were "worn" such as handguns and large knives.  The carry of long guns is still Constitutionally protected.

Second Amendment supporters have lobbied to restore the state of the law to protect the open carry of short arms, but have been frustrated by parliamentary manuvers in the legislature.

This year they have started to demonstrate with openly carried rifles and shotguns, to push for the legal open carry of handguns.  Several people have been arrested, but charges have been slow to appear.   The public reaction is growing more supportive with time.  From the star-telegram.com:
With AR-15s, Mossberg 20-gauge shotguns and modified AK-47s slung over their shoulders, gun-rights activists received thumbs up, handshakes and honks of approval Thursday night as they distributed information to motorists who rolled down their windows at a busy Mansfield intersection.

The demonstrators were from the Tarrant County chapter of Open Carry Texas, whose mission includes lobbying legislators to enact less-restrictive gun laws, educating residents about their right to openly carry shotguns and rifles safely, and helping the public feel comfortable around those who do.
Arlington is not small town Texas, where such celebration of second amendment rights would be expected.   It is in the heart of the Dallas/Fort Worth metroplex, and the wide approval shows that Gun Culture 2.0 is becoming mainstream in much of the the United States.   The article in the Star-Telegram has a virtual photo essay celebration of the open carry movement in Texas.  From the article:
Open Carry Tarrant County was formed about eight months ago and has about 900 members, Watkins said. During organized walks in various Tarrant County cities, members typically carry or wear long-barreled guns or pre-1899 black powder revolvers or replicas of those revolvers, he said. The group is pushing for the state to allow residents to openly carry pistols.

The Arlington Police Department has shown up with as many as a dozen officers to monitor the demonstrations and has detained members in the past, Watkins said. It’s the only department the group has had problems with, he said.
I doubt that there is another activist group in Tarrant County that can boast of 900 members, with the possible exception of the Right to Life movement.   The article mentions the opposition to the group:
 Officers were initially dispatched to investigate an Open Carry gathering at Road to Six Flags and Collins Street on March 27 after the city received four 911 calls, reviewed by the Star-Telegram, including one from a man who said, “I don’t feel safe when someone is walking around with a shotgun.”
It is significant that the article mentions *one* call where the caller said that they did not "feel safe".    This response is similar to what open carry groups have experienced across the nation.   Most calls are simply to determine if the practice is lawful or not.   Only a smattering of calls actually deal with "safety" concerns, and those may well be by the minority of those politically  opposed to the second amendment.   Anti-second amendment types have exhorted people to call the police on Internet forums.   Some have asked callers to "enhance" the call by falsely accusing open carriers of threatening people, and  false accusations of open carriers have been made.

The more common response is shown in a transcript of the Culver 5 situation in Wisconsin:

* Operator: You're safe right where you are, you think?

* Caller: Yea, we are. But there's the place is full of people.

...
* Caller: It's just the strangest thing I've seen.
...
* Caller: So I just wanted to let you know in case it wasn't right.

* Operator: Uh Hm. Ok. Well, not threatening anyone that's really

what we're worried, concerned about right now.

* Caller: No. They're just sitting there extremely relaxed.


* Operator: I do believe now that it is um just for your information

it was asked by the state Attorney General that it is legal to be
armed in Wisconsin if they're not threatening or someone is not
disturbed by the uh by your weapon.

* Caller: I didn't know that.


* Operator: Yea.
This sort of scenario has been replicated numerous times for open carriers.   It shows that the open carry events are doing what they are designed to do: educate the public about the existence of the right, and normalize the practice.

Notice how the Madison police "Operator" above not so subtly changes the Attorney General opinion in Wisconsin.   The Attorney General never said that open carry would be legal if "someone is not disturbed".   Later, the law was changed to make clear that people openly carrying guns was *not* disorderly conduct.

Both Republican and Democrat Governor candidates in Texas have said that they will support legalization of open carry of handguns.   It seems likely that the open carry movement will be successful in reforming the law during the next legislative session.

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

Read more here: http://www.star-telegram.com/2014/04/07/5710628/constitutional-questions-arlington.html?rh=1#storylink=cpy

Read more here: http://www.star-telegram.com/2014/04/07/5710628/constitutional-questions-arlington.html?rh=1#storylink=cpy
ArliI ngton is not small twon Texas
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Read more here: http://www.star-telegram.com/2014/04/07/5710628/constitutional-questions-arlington.html?rh=1#storylink=cpy

Tuesday, April 08, 2014

OH:Robber with Hammer Shot by Laundromat Owner

Jeffery Ellison, 18, is accused of trying to rob the Laundro-Mania using a hammer just before 11 p.m. Saturday.

The owner got his gun and shot twice, hitting Ellison in the leg.

"We've actually been looking for this guy. We didn't know his identity yet but we had some surveillance video. He'd broken into this laundromat two other times to do the same thing, to steal coins out of the machines. We're happy that he got caught," Dayton Police Sgt. Eric Sheldon said.

More Here

IL:First Recorded Defensive Gun Use with CCW

This appears to be the first recorded use of a legally carried gun under the new law.  Hat tip to Guns Save Lives.

One of the two men pulled a handgun from his waistband and pointed at the man who took out his own gun and managed to fire several times at the males, Sullivan said.

The males fled the area without being struck and the shooting did not result in any property damage, police said.

After the shooting, police responded and determined that the man was shooting in self-defense. The man had a valid firearm owner's identification card, a valid concealed carry permit and police were able to determine that he had completed a required concealed carry class and was properly trained, Sullivan said.

More Here

LA: Supreme Court Hears Oral Arguments on Enhanced Mandatory Sentencing for Gun Possession



In 2012, the voters of Louisiana approved a constitutional amendment to the state Constitution that removed the constitutional provision that gave the State the power to regulate concealed weapons.   It added the requirement that the court use the strongest level of judicial review, strict scrutiny, for Amendment 2 cases.   There is a a good discussion of the history behind this amendment at the Volokh Conspiracy, by David Kopel.  The amendment passed with over 73 percent of the vote.

The court has already upheld bans on the possession of handguns by minors without parental approval and on felons on probation possessing firearms.

The case that come up for oral arguments on 28 March, 2014,  is a different matter.  The case is one of those that people point at as showing the insanity of the law.  Rico Webb, a 22 year old man with no criminal record, was in his girl friend's car when it was stopped for a broken taillight.   He had possession of a legal handgun, and he told police that he had a "blunt" (small cigar with marijuana filler) in his backpack.   From theadvocate.com:
Justices expressed mixed reaction as they heard oral arguments in the case of Rico Webb, a 23-year-old man who was caught in a car with one marijuana cigar in his backpack and a gun on the floorboard after New Orleans police pulled over his girlfriend for a broken taillight.

The gun was legal and Webb, who has no criminal record, normally would have faced only a fine and probation for misdemeanor possession after the September 2012 arrest. But the combination of the firearm and the marijuana became a felony that, under state law, carries a minimum sentence of five years in prison without the possibility of parole.
 From the Volohk Conspiracy:
 Under “strict scrutiny,” the burden of proof is reversed; the government bears the burden of proving that a gun control law is constitutional. To pass strict scrutiny, a law must be proven to serve a “compelling state interest” (not merely a “legitimate purpose”). Even if the law does advance a compelling state interest, the law is constitutional only if the government additionally proves that the law is “narrowly tailored” and is the “least restrictive means” to advance the compelling state interest.
The state says that the "compelling state interest" is public safety, which is unconvincing to me.    The defense is quoted as claiming that the law is not narrowly tailored, but is far too broad.   I find that convincing, but I wonder if the court will.   A public defender brought this case to the Supreme Court.

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

Monday, April 07, 2014

S.H. Blannelberry: Pro-gun journalist Emily Miller to leave Washington Times

I wish Emily the best in her new endeavor.

Intrepid, pro-gun journalist Emily Miller is leaving the Washington Times and heading to greener pastures as the chief investigative reporter for WTTG, a Fox-owned station in Washington, D.C.

Miller, who will start the new gig on April 28, addressed the transition via her Facebook page on Friday, saying, “I’m just so excited.”

More Here

AL:Woman Shoots Armed Intruder

The intruder was killed and another man arrested.

Authorities say 18-year-old Marbury resident Mikel Steven Smith of Marbury was killed when he tried to force his way into a home overnight in the Booth community.

According to Autauga County Chief Deputy Joe Sedinger, Smith was armed with a knife when he tried to break into the home on County Road 81. Sedinger said the female homeowner feared for her safety, and for that of her niece, when she fired several shots at the intruder.

More Here

MI: Man with Rifle Arrested; Police Hunt for a Charge



A man attempted to board a bus in Battle Creek, Michigan, with an SKS rifle in his carry on baggage.  The rifle was longer than the bag, so the butt stuck out and was visible. 

Some people called 911.   I was not there, so I do not know the totality of the circumstances.   It is clear that that no one was threatened by the man, and that the rifle was unloaded.   The police showed up and arrested the fellow... for what?   From wkzo.com:

The City’s Gang Suppression Unit responded and took the 25-year-old into custody seizing the gun and a fully loaded magazine.

He has not yet been charged. It wasn’t exactly a concealed weapon and it wasn’t loaded but it quickly could have been.

This sounds like the beginning of another false arrest settlement to me.  There have been a number of them in Michigan over open carry incidents.  I wonder what is meant by "a fully loaded magazine"?   Most SKS rifles have a fixed magazine and use 10 round stripper clips such as this one:



Some SKS rifle variants were made with detachable magazines, and some magazines were made that could be fitted in place of the original magazine, so it is possible that the "fully loaded magazine" actually was one. 

I am reminded of how Justice Scalia recounted his experience of carrying a rifle on New York City mass transit as a boy, and how no one considered it a problem.

I do not believe that there is a law prohibiting the carry of firearms on buses, but a number of carriers prohibit the transport of weapons on their buses.   That  might be a breach of contract, but I doubt that it would warrant an arrest. 

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

Sunday, April 06, 2014

Suspect for FBI Raid on 91-Year-Old Indiana Artifact Collector Identified



Who accused 91-Year-Old Donald Miller of what has been unclear.  Speculation involving his numerous technological achievements have run rampant as people simply did not believe that the government would send 50-100 FBI agents to check out the collection of artifacts that this former member of the Manhattan project had gathered over the last 80 years.

But the unbelievable has become a bit more plausible  as more information has dribbled out.   Mr. Miller has not been charged with any crime, and maintains his innocence.   He claims that all his materials have been collected legally.

Others have speculated that envious collectors associated with the Obama administration are involved, that a museum coveted his collection, or that he is a Republican, and therefore subject to "special" treatment.   

The truth may lie somewhere in between.  In this article from wthr.com, it is revealed that a leftist Native American group, AIM, has an interest in the case:
An organization representing Native Americans believe human remains are buried among thousands and thousands of artifacts collected by Donald Miller in the U.S. and around the world.

The FBI investigation and massive effort to recover thousands of invaluable artifacts is being watched by the American Indian Movement. Until recently, its local chairman lived only a half-hour away from the Rush County site.
"We are glad something like this has happened," said Albert Runningwolf, American Indian Movement.
 Is the raid "payback" for support among leftist Native Americans?

With  the lack of transparency that has come to be expected from this administration, we may never know for sure. 

The idea that you have to "prove" that you legally own something that is in your possession upends the tatters of the fourth amendment and the presumption of innocence.    It moves us away from the core value of American jurisprudence, that whatever is not forbidden is allowed, and toward the core tyranny of authoritarian regimes where "whatever is not permitted is forbidden".

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

Consequences for Those who Falsely Accuse Open Carriers


Open Carry Event in Texas, where open carry of modern handguns is not legal in most cases

In July of 2013, an open carrier in Wisconsin narrowly avoided being "SWATted" by police.  He was well known in the area and had friends on the local police force.   They contacted him after he was accused of flashing a gun at the clerk of a convenience store.

In the same incident, another innocent citizen was stopped by police at gunpoint and ordered out of their car because of bad information supplied by the clerk.

Here is updated information:
The open carrier was cleared of all wrongdoing after the police viewed the surveilance video.   From opencarry.org:The security video tape was reviewed by the investigator and my leo buddy. I have been cleared of any wrongdoing and it was an unwarranted 911 call. The incident has been pushed further up the ladder. I am sure that the needless backups will have to be addressed. No complaint filed so far from the guy who got hauled out at gunpoint.

BTW that employee was caught by Pierce County deputies with another gal with a criminal history trying to sell drugs on the WI side across from Red Wing MN this Tuesday. So she is really in a pickle now.
A month later, it was posted that the clerk was fired:
 Got a call from my leo buddy from Prescott this evening. Employee fired.
Recently, a nasty situation developed with a young man legally open carrying a rifle in San Antonio after dark.  The rifle was slung across his back.  Open carry of modern handguns is mostly illegal in Texas.   There is video at the link:
San Antonio Police Department officers from the West Substation responded to what they claim was an individual waving his rifle around and pointing it at people. Nothing could be further from the truth.
The young man, Mr. Vichique, was tazed, arrested, and charged with a local ordinance that is almost certainly invalid under the Texas pre-emption law.

I have read posters on anti-second amendment blogs that have advocated calling police on open carriers. Sometimes those calls are "enhanced" to make them a bit more interesting. It is a dangerous and irresponsible practice that needs to be stopped with appropriate legal sanctions.

There have been numerous lawsuits and settlements with police departments on false arrests of open carriers.

Some of the fault rests with people who maliciously dial 911 in an attempt to use the police to further their agendas. Sometimes these people are encouraged by the police. Sometimes the police "enhance" the call to justify their actions, as happened with the Culvers Five in Wisconsin. If evidence shows that people called in false information to police, they should be prosecuted, or at least open to civil suit. It is a variation of what has become known as "SWATting", falsely calling in police in an attempt to have someone else harmed.

In the recent case in San Antonio, the open carrier states that he has proof that he never pointed the rifle at anyone, because he has his phone video recording the entire time. If people called in and said that he was pointing his rifle at others, they should be identifiable and they should be held to account.

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

Link to Gun Watch

CT: Student Suspended for Protesting Gun Control, Calling Governor Malloy a "Snake"

A Connecticut community college suspended a student veteran for his aggressive questioning of Democratic Gov. Dannel Malloy during a public forum, prompting a First Amendment advocacy group to condemn the college for its flagrant disrespect for free speech and due process.

The student, Nicholas Saucier, tried to get Malloy to answer questions about his support for gun control legislation, which has put Saucier’s ammunition manufacturing business in jeopardy. Saucier followed Malloy to his car after the governor finished speaking at a public forum at Asnuntuck Community College. The exchange took place in October of last year, and was captured on video.

NYPD cop barred from leaving India after accidentally bringing three bullets into country

An NYPD cop is stuck in India after being arrested for accidentally bringing three bullets into the country, officials said Friday.

Officer Manny Encarnacion was taken into custody on March 10 after security at New Delhi’s Indira Gandhi International Airport found the bullets in his checked baggage, police sources said.

(snip)

 In December, the controversial arrest and strip search of New Delhi’s then-deputy consul-general Devyani Khobragade in Manhattan for allegedly paying her nanny as little as $3 an hour caused an international firestorm.

OK: Shooting found Justified

Ford said his next-door neighbor had knocked on his door, asking for help. When Ford stepped outside, he saw three men at the neighbor’s house. He told the men several times to leave the area, but they kept coming toward him. Ford said he fired his gun when Salyer was about a foot away from him.

More Here

Friday, April 04, 2014

NM:Reese Attorneys file for Rehearing En Banc

The Reese family operated a gun shop in Deming, NM.  The Reese family was put in jail without bond, all assets seized, and multiple charges piled on.   After they were cleared of the most serious charges by the jury, it was discovered that the Prosecution had failed to reveal that one of the main witnesses against them was under indictment himself.  The judge ordered a new trial, and the prosecution appealed.   David Codrea has been following this.

On March 19th 2014, the Tenth Circuit U.S. Court of Appeals published its Order in the Reese case.  http://www.lunatpp.org/breaking-news-appeals-court-decision-reese-case/

In short, the 3 member panel of appellate court judges disagreed with the Judge Robert Brack’s decision to grant Rick, Terri and Ryin Reese a new trial.  Judge Brack was the trial judge and had made this decision after information came to light that the prosecution in the Reese case had not brought forth information about Deputy Sheriff Alan Batts, who the defense describe as a key witness in trial.

Michael Connelly of the US Justice Foundation, Robert Gorence, Jason Bowles, and Herb Titus, who is the attorney of record for the appeals case  filed a Petition for Rehearing En Banc, which is a hearing in front of the entire bench of  appellate judges as opposed to just a panel of three.   En banc reviews can be used for unusually complex cases or cases of great importance, or when the decision appears to conflict with prior decisions of the court.

Reese attorneys cited three reasons for requesting the review, 1) the decision  applied a standard of review that conflicted with the US v Robinson decision, 2) the decision  applied a standard of review that conflicted with the US v Torres decision, and 3) that “the proceeding involved an erroneous ruling of exceptional importance that must be corrected by the full court.”

In February 2013, Judge Brack found that the prosecution, intentionally or negligentlty suppressed [exculpatory] evidence during the trial, and when viewing the record as a whole, the evidence about Deputy Batts was material and undermined confidence in the verdict.

More Here

Fort Hood is still a "gun-free zone"


One day after the FBI called off a search for suspect thought to be planning a Fort Hood-like attack, another man actually did commit murder at Fort Hood. Again. Late Wednesday afternoon, Spc. Ivan Lopez opened fire killing three people and wounding several more before killing himself when confronted by law enforcement. The cause is not yet clear, though Lopez was being treated for "behavioral and mental health issues" and undergoing evaluation for PTSD after serving in Iraq. He was from Puerto Rico, and there does not appear to be a terrorism element, though it hasn't been ruled out.
In November 2009, U.S. Army Maj. Nidal Hasan killed 14 people, including an unborn child, at Fort Hood. His attack was clearly motivated by his Islamic beliefs.

NM:Legal Immigrants Have Same Right to Concealed Carry Permit as Citizens



On 31 March, the U.S. District Court for New Mexico ruled that legal immigrants have the same right to obtain a concealed carry permit as citizens.   The equal protection clause mandates that legally residing residents be treated the same under the law.  From Jurist.org:
BELLEVUE, WA – The chief U.S. District Court judge in New Mexico today granted a permanent injunction against the State of New Mexico’s “citizens only” concealed carry law that unfairly discriminated against permanent legal resident aliens in a case brought by the Second Amendment Foundation.
The Second Amendment Foundation backed the lawsuit  From the Washington Times:
Alan M. Gottlieb, executive vice president of the foundation, said the discrimination ruling makes it increasingly difficult for gun control advocates to chip away at gun rights.

“It helps build case law,” he said. “If legal aliens have rights, citizens obviously do, too.”

There are a number of states that have the qualifier of citizenship in their carry permit laws. It is likely that all of those qualifiers will fall. Equal protection under the law is well established in U.S. jurisprudence.

Another obvious infringement of the right to bear arms is the denial of the right to defend yourself while you are traveling.

It is clear that crossing state lines does not alienate a persons right to self defense.  Citizens who are traveling across state lines do not give up their right to keep and bear arms.  The votes to enact national reciprocity based on the second amendment and the full faith and credit clause of the Constitution exist in the Senate and the House. Only the Senate leadership and the President are preventing its passage.

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

Link to Gun Watch

Guamanians discuss right to carry concealed weapons

Guam - The right to bear arms may be spelled out in the U.S. Constitution, but the right to carry a concealed weapon may not be as clear.

Residents weigh in on legislation that makes concealed firearms licenses more accessible to the island's general public.

For Stanley Wilson, a member of the Guam Sports Shooting Federation, the National Rifle Association and the Guam Gun Owner's Club, local laws relative to carrying a concealed weapon just aren't cutting it.

"First it places the decision in the hands of a single person who has the possibility to issue permits to individuals who may not have sufficient training. Or may have enough political influence to have the chief of police, who is a political appointee, to issue permits simply because of their political power," he said. "It kind of puts the chief in a bad position - the current system. It's his decision and he has poor guidelines now."

Bill 296 would change language for concealed firearms licensing from "may" to shall." That means concealed firearm licenses shall be issued to an applicant who meets the various specifications. Currently the Guam Police Department chief of police approves or denies an application for such a license and only those who have a good enough reason to own a concealed firearms license may be permitted.

More Here

WI:Concealed Permit Carrier who Killed two Will not be Charged

Three people attacking him, one with a club.  There is supposed to be video of the attack.

Milwaukee County District Attorney John Chisholm announced Wednesday that Jeremy Rossetto will not be charged in connection with the March 12 shooting death of two teens who were hitting him with a souvenir baseball bat.

The district attorney's office reviewed the police investigation, interviewed witnesses and viewed witness cellphone video before concluding that Rossetto shot the teens in self-defense.

(snip)

 Geraghty had told the Milwaukee Journal Sentinel earlier that his client considers it an "occupational necessity" to carry a gun and has a permit to do so.

More Here

Thursday, April 03, 2014

AR:City Council Opposition to Constitutional Carry/Celebrate Act 746 Walk a Damp Squib

Safety Breifing Before Eureka Springs Constitutional Carry/Act 746 walk


Open Carry Walkers in Eureka Springs
As has become the norm in Arkansas, the open carry/constitutional carry/ celebrate Act 746 walk in Eureka springs did not cause any drama or trauma.

Dozens of people participated in the event on 29 March.  In spite of concerns, and some hostility expressed during a city council meeting prior to the event, there did not appear to be any significant opposition to the walk.   No one protested the open carriers.   One of the event participants actively looked for signs in businesses banning guns or open carry.   Here is what was found, reported on the Act 746 facebook page by Keith Youngblood:

I would like to share my observation of the downtown businesses reaction to the Open Carry Walk in Eureka Springs, before, during & after. On Tuesday March 25th I visited more than 170 businesses in the downtown & surrounding areas. I found one “no guns” sign. On the morning of the scheduled Saturday walk I visited the same 170+ businesses & found 14 new signs posted for “no guns”. On the following Monday afternoon I once again visited the same businesses & found that 7 of the 14 signs had been removed. 

In the emergency city council meeting to prevent the walk; a council member said he got 150 signatures from downtown shops. I did not find 150 “no guns” signs in the downtown area. He stated that he had signs in his restaurant for people to place in their shops. I would like to point out that he was one of the 7 that removed his sign.


Also I would like to mention that the local paper did an online survey, “Do you support the open carry walk”. 84.5% (201 votes) said yes. 7.6% (18 votes) said I support gun rights but not this. 8.0% (19 votes) said I think too many people are gun-happy.
 On the day of the walk, less than 10 percent of the businesses posted no gun signs.   On the day after the walk, the number dropped to less than five percent.

It appears that the city council does not have a good understanding of public opinion in the area.  Eureka Springs is said to be one of the most "progressive" areas in the state.

Perhaps the citizens of Eureka Springs have a better understanding of their history than does the City Council.    Eureka Springs was the location of one of the clearest examples of armed citizens stopping crime in the nation's history.  As a tourist town, they should celebrate the events of the attempted bank robbery in 1922, where the townspeople shot, killed and captured all five bank robbers, without a single innocent person being hit.  It sounds like a great tourist draw to me, and an opportunity for a reenactment drama as is done in other places.


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

Few Details on Fort Hood Shooter at this Time

It appears that there are four dead, including the shooter, and 14 wounded so far.  The shooter is identified as Ivan Lopez.

Federal policies were changed after the last Fort Hood shooter to make sure that military posts were even more certain to be gun free zones than they used to be:

From The Truth About Guns:

11. The Texas Concealed Handgun Law does not apply on Fort Hood. Concealed handguns are prohibited on Fort Hood.

All official firearms are unloaded and locked away in vaults.
 Nearly all soldiers there are disarmed. 

Dean Weingarten

NE:Should Toy Guns Bring the Same Penalties as Real Guns?



Nearly every state has enhanced penalties for armed robbery vs. unarmed robbery.  In the Nebraska statute, to be considered armed, a toy or replica gun is not enough.   If the robber can show that what he used in the robbery was not a real gun, then the enhanced penalty does not apply.  From ketv.com:
"It looks like a real gun. You know it acts like a real gun," Kleine said. He made the comments while showing KETV NewsWatch 7 a fake gun used by a teen to commit a robbery. 

But under state law, the fake gun isn't a firearm, even if it's used to commit a crime
The current law gives robbers an incentive to use fake or toy guns in the commission of their crimes.    That may be a good thing.   I would rather that robbers used fake, toy, or ineffective guns instead of real, effective guns.
 Nebraska senators have yet to sign off on toughening the law about using toy or replica guns in crimes. It hasn't yet come out of committee. There's talk of adding it as an amendment to other legislation.
Out of 85 weapons seized:
- 24 are not loaded
- 2 are not loaded with the correct ammunition
- 9 are completely broken
Combine those facts and you will see that 41% of the weapons we seize from criminals are completely non-functional!
- See more at: http://www.buckeyefirearms.org/node/8579#sthash.RjkSiUoW.dpuf
Many robbers never believe that anything is going to go wrong in their conception of what will happen when they are in the process of committing crimes, so they are comfortable with using toy or fake guns.   A surprising number of robbers use guns that are not loaded, guns loaded with the wrong ammunition, or loaded with much less than full capacity.  In one of the few studies to consider how criminals are armed, Greg Ellifritz, from a small midwestern police department found this:
Out of 85 weapons seized:

- 24 are not loaded

- 2 are not loaded with the correct ammunition

- 9 are completely broken

Combine those facts and you will see that 41% of the weapons we seize from criminals are completely non-functional!
No one has developed a national database on this, so there could be considerable variation.   Still, it is interesting information.

It might be wise to encourage this trend.   If a criminal's gun is fake or does not work, people cannot be shot with them.  The down side for the criminal is that a person who cannot tell if the gun is fake or not would be prudent in assuming that the gun is real and loaded, thus increasing the chance of the criminal being shot.

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

Guam Introduces Shall Issue Concealed Carry



A public hearing in committee on the proposed shall issue concealed carry bill will be held in Guam on 3 April at 9 am, Senator Tony  Ada said in a Radio Interview on 27 March.  Information about the public hearing should be available on K57 radio with Ray Gibson.

Bill 296 was introduced by Senator Ada to reform Guam's "may issue" concealed carry law into a "shall issue" law consistent with the law of 41 of the 50 States.    From kuam.com:
The bill's author Senator Tony Ada says the measure will ensure residents feel safe. "We wanted to put the law on the side of the law abiding citizens already the perpetrators are concealing the weapons, the thieves and crooks are out to do what they want to do so now we want to put the law into the people's hands so if they need to defend their families or themselves, they have the ability to do that, and with the castle doctrine without getting prosecuted," he said.
While not mentioned, it is likely that the Ninth Circuit decision in the Peruta case will be used as an argument in support of Bill 296.   In the decision, the Ninth Circuit struck down the requirement on the part California Sheriff's to require "good cause" in order to obtain a concealed carry permit.   Guam falls under the Ninth Circuit.  From Kuam.com:
Ada says the provisions in Bill 296 are more in line with our constitutional right to keep and bear arms than what current statute allows.
The bill follows passage of a "Castle Doctrine " law for Guam on 3 February of this year (2014), by a vote of 10 to 5.  The law was signed by Governor Calvo on 10 February.  Guam's Castle Doctrine law includes protections against lawsuit and covers occupied vehicles as well as homes and businesses.

Prospects for Bill 296 appear to be positive, as some of the people who voted against the castle doctrine bill are cosponsors of Bill 296.


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

CO:Reisdent Wounds Intruder

The homeowner told CBS4’s Stan Bush the 17-year-old burglary suspect broke in through a back window of his him, lunged at him, and he shot him in the shoulder.


More Here

FL:Resident Shoot Woman Who Kicked in his Door

ARCHER, Fla. - Just after 2 a.m. Wednesday a man called the Gainesville police to report he had shot someone who kicked in his door.  Deputies and rescue personnel arriving at the home on 133rd Lane in Archer found a woman shot in the torso.

(snip)

McGuire is cooperating with authorities. So far, no charges have been filed, but the investigation is continuing.

More Here

Wednesday, April 02, 2014

ND: Gunfight, Intruder Chaged, Resident Survives


GOLDEN VALLEY, North Dakota — A 20-year-old man accused of breaking into a North Dakota home and exchanging gunfire with one of the residents was charged Tuesday with attempted murder.

(snip)

 Authorities say Knudson broke into the rural Golden Valley home of Jeff and Connie Gegelman Sunday afternoon. Jeff Gegelman, 60, was shot in the chest and twice in the arm Sunday afternoon. He was treated at a Bismarck hospital and released, a bullet still lodged in fatty tissue in his chest after ricocheting off one of his ribs.

More Here

TX: Resident Shoots, Kills one of Three Intruders

SAN ANTONIO -- A man is dead and two others are in jail after trying to break into a home on the Northeast Side early Sunday morning.

(snip)

 
Police said three people forced their way into the home and began fighting with the homeowners.  One of the suspects was shot and killed at the scene.

More Here

Not your usual advice




NE: Bill to Prevent Ban on Gun Transport During Emergencies




Current Nebraska law grants broad powers to the governors, allowing them to ban the sale or transport of firearms during declared emergencies.   Police and other government agents confiscated thousands of guns in the aftermath of Hurricane Katrina in Louisiana.  Some troops refused to confiscate guns.

A current scandal in Canada involves the Royal Canadian Mounted Police breaking down doors to confiscate firearms in High River Canada after they had cordoned off the town during a flood.

 To prevent future confiscations, second amendment supporters, including the NRA, pushed for legislative guarantees that such abuses would not occur again.  Over two thirds of the states have passed such measures, and legislation is pending in Florida, Iowa, Massachusetts, Colorado, Washington, and Georgia.

The current Bill in Nebraska is LB390.  It removes the firearms from the list of items that the governor may regulate during an emergency.  The original bill would have banned the confiscation of guns by local authorities as well.   Opponents of the original bill were able to remove that provision by using ridicule instead of logic.   From the starherald.com

The original bill would have banned any state or local official from confiscating legally held firearms and ammunition. Sen. Ernie Chambers of Omaha ridiculed the proposal in a hearing last year, suggesting facetiously that Nebraska should also prohibit the government from confiscating knives, hammers and steel-toed boots.

"How about lawn trimmers?" Chambers asked. "How about sickles that you use to cut grass with? That's what I use, by the way, and it would make a very effective weapon."
It is difficult to see Chambers point.   The fact that guns have been confiscated during emergencies seems to have been lost on him.    In any case, that provision was removed from the bill.

The NRA has requested that members support the watered down bill.


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

Tuesday, April 01, 2014

PA:Gunfight; Resident Wounds one of Three Armed Intruders

 The resident won the gunfight.

A man shot one of three armed men who forcibly entered his Lawrence County home early Friday morning, state police in New Castle said.

More Here

AZ: Man Killed During Home Invasion

Details sparse at present.  Maybe an update later.

TUCSON, Ariz. (AP) — One man was killed early Saturday during a home invasion southwest of Tucson.

 More Here

Justice Antonin Scalia Remembers When Toting a Rifle in New York was a Non-event



Back before the big gun blogs existed, back before President Obama was elected, the AP ran a news article that showed how much the culture has been conditioned to fear firearms:
"I grew up at a time when people were not afraid of people with firearms," said Scalia, noting that as a youth in New York City he was part of a rifle team at the military school he attended.

"I used to travel on the subway from Queens to Manhattan with a rifle," he said. "Could you imagine doing that today in New York City?"
I have heard other reports of people carrying long guns openly in New York City in the 1950s, with no police being called, no schools being shut down, no panic, no problems.   Why was this so back then, but not now?

It is not the crime rate.   The crime rate now, after rising precipitously with more and more gun control, has dropped in half as restrictions on concealed carry have been eliminated and the number of private guns has doubled.   Multitudinous reasons have been speculated about for the drop, but the facts make blaming more guns for more crime more and more difficult.  The crime rate now is close to what it was in the 1950s.

A friend who was a competitive shooter at the time informed me the during the 1950s, university pistol team members kept pistols in their dorm rooms.  Even in the 1970's, I did the same, though I suspect that there were rules against it by then.   My housefellow knew about it, and at least tolerated it, if not approved of it.

I would like to learn of other instances of gun ownership that was deemed normal in urban areas during the 1950's.   Let us document those memories before we lose them.


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