Friday, August 17, 2018

VA: Black Man with a Gun Saves White Woman during Pit Bull Attack



On 6 August, 2018, Monday afternoon in Suffolk, VA. , a pit bull escaped from its owner. Michaela Clark and Jarret Young, neighbors, attempted to put the dog in a choker collar. The dog attacked Clark, a 20 year old mother.  Young owns a Ruger .45, probably a P345, from the photograph. From wavy.com:
Young, an Army veteran, says he couldn't shoot the dog at first because it was too close to Clark. When she moved her body, he says he found an open shot.

"I took the shot. The dog stopped biting. It froze and fell over," said Young. “I was just trying to make sure she didn’t die because she had a five month old baby in the house. I did what anybody would have did -- shot it.”

Clark escaped with about a dozen bite marks and puncture wounds on her back, arm and hand. She needed stitches and is now in a cast.


The incident is still under investigation. It is unclear if the dog's owner will be cited.

This situation illustrates the racial harmony that exists in many neighborhoods. The young mother, Michaela Clark, is white. The armed defender, Jarett Young, is black.

Young says he just did what anyone else would do. It is the classic line. But not everyone else is on the scene, armed, and capable of decisive action. It probably helped that Jarrett Young is an army veteran.

 The police did not take Jarrett's legally owned Ruger .45. He still had it when the reporter interviewed him for the story.

According to those who claim racism is rampant, this sort of situation is not supposed to happen.

There is another interesting angle to the story. Michaela Clark owns pit bulls herself, and loves them. She says she does not blame the dog.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch








IA: Officer says Surge of Self Defense Shootings Unusual



The shooting late Saturday is one of three justified homicides reported in Des Moines' city limits in the last three months.

In July, a burglar was shot and killed at Kraft Imports and Five Star Muffler on the city's south side. In June, Jerry Goff was killed after a domestic dispute at a home in the 600 block of 38th Street.

Parizek said the increase in justified homicides is out of the ordinary.

"Usually when you see these, you see maybe one every couple of years or something like that and the overwhelming majority of justifiable self-defense homicides are police shootings,” he said.
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NC: Disarm? Armed Robber is Shot


Robeson County, N.C. (WPDE) — A man is in the hospital after he was shot Monday night when he tried to rob a couple at their home on McMillan Road in the Pembroke area of Robeson County, according to Robeson County Sheriff Ken Sealey.
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Followup FL: Man who Shot at Deputies Though They were Kidnapping Niece



In a recorded hospital bed interview the night of the shootout, John DeRossett, who 65 at the time, told a police officer he had no idea the men pulling his niece, Mary DeRossett Ellis, from his Cocoa home the night of Aug. 20, 2015, were sheriff’s deputies.

“I didn’t know who they were," DeRossett said. “It could have been the man in the moon, it could have been anyone. Who knows?”
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TX: Cable Repairman Shoots 1 of 2 Armed Robbers



An 18-year-old man was shot late Tuesday while attempting to rob a pair of cable repairmen in north Houston, police said.

The attempted robbery happened just before midnight, said Lt. Larry Crowson of the Houston Police Department. Two cable repairmen were working on a cable box in the Northline neighborhood, near Fulton and Veenstra.
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Thursday, August 16, 2018

TX: Armed Man Shoots Car Thieves, Stops Crime Spree, Faces Grand Jury Investigation


A shooting reported Tuesday night near Turtle Creek turned out to be part of a string of crimes that began in Dallas and ended in Highland Park, police say.

Shortly before 8 p.m., a caller reported that he shot a man and woman he saw break into his vehicle in the 4000 block of U.S. Highway 75 and take property. The man, a commissioned security guard, said he fired the shots when the pair drove their truck toward him, Dallas police said.
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Followup PA: No Charges for Pizza Delivery Man who Shot, Killed Robber who Stabbed Him


A pizza delivery man in Beaver Falls who shot and killed a man who stabbed him and attempted to rob him will not be charged, according to a news release issued by police.

Beaver Falls police Chief John Deluca described the Aug. 10 shooting as a “justifiable use of deadly force.”

“Upon confirming all of these facts with the Beaver County District Attorney David Lozier, we do not anticipate filing criminal charges against the victim at this time,” Deluca said in the release.

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MI: Shooting of Robert Morgan likely Self Defense



“He had to do what he had to do,” explains the neighbor across the street. “He said everybody was threatened in the house. Pulled into the front yard and started threatening everybody.”

“It evolved into a physical altercation and that is when the shot was fired,” says Sgt. Joel Roon of the Kent County Sheriff’s Department. “Self-defense is obviously a consideration in this case.”
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Wednesday, August 15, 2018

Plastic 3D "guns" Confiscated in Australian Raid


On 18 July, 2018, on the Sunshine Coast of Eastern Australia, in the town of Mudjimba, police raided a house and found some 3D printed plastic guns, some printed false identification, and a small amount of drugs. From news.com.au:
"They are all polymer and all they needed was a pin and a spring-type assembly pushed into it to make it work. For all intents and purposes they would look like a gun."

Police allege that three 3D-printed handguns, along with weapon parts, a knuckle duster, false licences and drugs, were found at a house at Mudjimba on Wednesday.
The 3D revolver shown above appears to be a variation of the Imura revolver design, named for the Japanese inventor who was jailed for making a 3D printed revolver that was capable of firing blanks. The Mudjimba revolver does not seem to have any metal in it. This makes it highly unlikely for successful operation. As the police noted, a firing pin and spring would be needed at a minimum. If the officer quoted thinks it would contain the forces of factory ammunition, I would like to see a video of him test firing it.



The single shot designs found at Mudjimba seem unlikely to be capable of firing, as claimed by the police. They appear to be a sort of zip gun design, without any metal, springs, or firing pins. The barrels, made of plastic, are unlikely to hold up to firing a single shot.

Such designs can be made much more capable by using metal tubes for barrel liners, metal springs, and a metal breech plate and firing pin. Such hybrid designs are simple and easy to create, but they are not any easier to construct than simple designs using metal and wood, without 3D printers.



The current media melt down in the United States has misinformed people all over the world. In an article about the Mudjimba case, Sporting Shooter shows how far the misinformation has spread. From sportingshooter.com.au:
Should Australia ban 3D-printed gun plans like the US?

Mr Matthews said that, while there should be a crackdown on printed weapons because “there is nothing stopping someone from getting a print from the States”, he disagrees with the need for regulatory movement against the 3D printing process being used to print other items.
The United States has *not* banned 3D-printed guns. Designs have been freely available on the Internet in the United States for five years. Unlike Australia, individuals in the United States have always had a right to make their own firearms, and have done so for over 200 years.  Only recently have a couple of authoritarian states claimed to have the power to license individuals who desire to make their own guns. Those claims will eventually be challenged in court.

The misconception in the case of 3D printed guns comes from the Cody Wilson/Defense Distributed case, where the State Department claimed the 3D printed designs were covered under the International  Traffic in Arms Regulations (ITAR). The regulations are designed to control the export of defense and military related technologies. It was a losing case, on First Amendment grounds, from the start.

People all over the world have been making effective guns at home for centuries.

Australians lost the legal authority to make their own firearms in 1996.

The person who printed out the designs in Mudjimba has claimed he did not know it was illegal to do so.

In the Australian state of Queensland, which contains Mudjimba, non-firing replicas are not illegal.

In New South Wales, the Australian state to the South of Queensland, a license is required to possess a non-functioning replica. Possessing the computer code to print out a 3D gun is a crime.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch







GA: Man Shoots Dog Attacking his Pet


However, the neighbor said the animal ran over and attacked his smaller dog, which was on his porch. The big dog grabbed the little one by the neck and was "slinging it around" and the neighbor kicked it away. When it ran back to get at the smaller dog again, he shot it.
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Followup NC: Robbery Suspect Found Dead



— A man found shot to death in north Raleigh late Saturday might have been wounded in a convenience store robbery that night, police said Monday.

The body of Derrick Malik Wiley, 21, was found in the 4200 block of Waterbury Road, off New Hope Church Road just west of Capital Boulevard.
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ID: Security Guard Shoot, Kills Suspect who had Gun and Wore Motorcycle Helmit.



COEUR D'ALENE, Idaho - Around 1:00 p.m. Saturday, an armed man wearing a motorcycle helmet walked into at the Global Credit Union on East Neider Ave. in Coeur d'Alene.

When he showed the gun, the security guard drew his own weapon and fired at the suspect, hitting him at least once.

The suspect tried to run, but collapsed from his injuries inside the building.
More Here

Tuesday, August 14, 2018

KY: Man Keeps Committing Crimes... Gets Shot and Killed


On 8 August, 2018 in Lexington, Kentucky, at about 06:30 a.m., Shawn Michael Woods is reported as breaking into multiple apartments in an address near Martin Luther King Dr.  He is said to have broken into one woman's apartment and tried to crawl into bed with her.  A business owner in the area said he had multiple problems with Woods. From wkyt.com:
Lexington police say the shooting happened around 6:45 a.m. Wednesday. The person who shot Woods lived in the apartment complex.

Investigators believe Woods was breaking into multiple apartments throughout the morning after talking to witnesses.

A neighboring business owner told WKYT he had several run-ins with Woods in the last few days.
At first, local reporting was that Woods was the victim, because he had been shot and killed in one of the residences. He is said to have lived at the apartment complex. Police investigated the shooting and determined it was self defense, only a few hours later. The district attorney could make a different finding, but it seems unlikely.  The finding by the police was quick. It was aided by multiple witnesses who corroborated violent criminal behavior before Woods broke into the residence where he was shot and killed.

A business owner, interviewed near the scene, said that he appreciated what the defensive shooter had to do.  He felt sorry for the difficulties the shooter would be going through.

This case illustrates the mathematical problem of people who repeatedly violate the rights of others.

Most people do not want to become involved in violence. But violence only takes one party. Violence can come to people if they want it or not.

Eventually, perpetrators run into someone who fights back. Sometimes, the perpetrator does not survive the encounter. Smart criminals learn and decide not to continue their criminal acts.  Some learn to carefully evaluate victims and choose those who are helpless or unwary. Successful burglars learn to commit crimes when no one is at home.

A lot of crime is committed by people who are intoxicated on drugs or alcohol. Judgment is reduced, actions become less inhibited. Some drugs induce paranoia and/or hallucinations. Many break ins occur when someone on drugs believe they are being pursued and threatened. Victimization studies in the United States indicate about a third of the perpetrators were under the influence. Crime committed by people under the influence can be particularly frightening because the perpetrators do not act rationally.

It does not take a lot of criminals to create a lot of crime.  In Sweden, one percent of the population commits 63% of the violent crime. I have not found similar statistics for the United States. 

Removing a few criminals from society, either by shooting them or putting them in prison, can lower the crime rate significantly.  Fear of arrest, jail, or of being shot can cause criminals to reduce the number of crimes they commit.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Followup IA: No Charges for Man who Shot, Killed Joshua Wheeler in Self Defense



Police say Wheeler forced his way into the home and began to physically assault the other man. The assault stopped briefly, and then started back up. As that assault continued, the man fired one shot from his lawfully-owned handgun. Wheeler was hit in the abdomen.
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Followup FL: Michael Drejka Arrested in Handicap Parking Shooting of Markeis McGlockton


A witness, indicating that Drejka "appeared confrontational," according to the warrant, told McGlockton about the heated argument outside and said he might want to get involved.

Surveillance video shows the rest. McGlockton left the store, walked up to Drejka and pushed him to the ground. Drejka then pulled out a Glock .40-caliber handgun and shot McGlockton. He told deputies they didn’t speak but he saw McGlockton twitch toward him and was in fear of further attack.

The warrant notes what McGlockton’s family and their lawyers have pointed out to show that Drejka’s fear wasn’t reasonable.
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IN: Two Armed Customers Shoot, Kill, Armed Robbery Suspect

INDIANAPOLIS, Ind. — Police believe two customers shot an armed robber at a GetGo on the northeast side of town this evening.

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NC: Domestic Defense, Son gets Gun, Daughter Shoots, Kills Mother's Boyfriend



Investigators determined that Kelley had attacked Nierman and was choking her, yelling that he was going to cut her throat and kill everyone in the house.

Nierman’s son went and got a gun and her 15-year-old daughter took the gun from her brother and fired it twice, hitting Kelley in the chest.

Deputies said one of the rounds fragmented, and grazed Nierman’s sixteen-year-old daughter in the leg. She was taken to Spartanburg Regional Hospital and was released Thursday.
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Four Homemade Submachine Guns Confiscated in Sydney, Australia, 2018


Four homemade submachine guns found during a drug raid in Waterloo, Australia.

Imager from twitter.com/7newssydney:

When extreme restrictions are placed on the acquisition of legal firearms, one of the easiest repeaters to make at home or in small workshops is the submachine gun. The four homemade submachine guns shown above were discovered with a number of other firearms, drugs, and 2.75 million Australian dollars, about two million in U.S. dollars. From facebook.com/nswpoliceforce:
Acting on information received, Strike Force Raptor, assisted by the Drug and Firearms Squad, executed a search warrant a storage facility at Waterloo in the early hours of Wednesday (30 May 2018).

During the search, police located 1.15kg of cocaine, 1.1kg of ice, 26L of GBL, 13 firearms, including five sub-machine guns, two semi-automatic pistols, and two revolvers; ammunition, a silencer, and $2.75 million cash.

The firearms will undergo forensic and ballistic examination.

Just after 9am yesterday (Thursday 31 May 2018), Strike Force Raptor arrested a 34-year-old man after he arrived at Sydney Airport from New Zealand.

He was taken to Kogarah Police Station and charged with three counts of supply prohibited drug, possess ammunition, deal in proceeds of crime, resist arrest, participate in a criminal group, and aggravated firearms offences.

He was refused bail to appear at Sutherland Local Court later today (Friday 1 June 2018).
 With that kind of money available, the fabrication of guns and the availability of ammunition on the black market is easy to understandable.

The most famous case of organized crime fabricating submachine guns in Australia is that of Angelo Koots. Koots was a jeweler who made copies of the MAC-11. He was caught in a sting operation and convicted in 2013. His copies were said to be of as good quality as the originals. He claimed that he had made a hundred of the guns selling them for up to $15,000 each, with two magazines and suppressor included.  Koots was sentenced to six years in jail, with parole possible after four years. $15,000 is on the extreme high end for a black market gun.

One of the Koots guns was recently confiscated in a raid in Sydney on 10 April, 2018. In that raid, less than $100,000 ($75,000 U.S.) was confiscated.

Such firearms are easy to make, taking only a couple of days each once the first one has been made and jigs fabricated.  It is probable that Koots spent less than a year's worth of labor making the hundred guns, which may have brought in 1.5 million dollars from organized gangs. There are many talented fabricators who would be willing to work for a small fraction of that amount.

A different black market submachine gun design, the "Carlo", is frequently encountered in Israel, made in small shops. Those guns sell for about $800-$1,000 on the black market.

In the United States, because of the extreme regulation of submachine guns, original, legal, MAC-11 submachine guns cost about $9,000.

Homemade, or small shop submachine guns are made all over the world where extreme gun restrictions are in place. They are commonly found in the Australia, Brazil, Canada, India, Israel, and the Philippines.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

OH: Man Uses .25 Auto to Protect his dog from Pit Bulls


“I was walking my pup in my alley behind my house," Lyons said. "Two pit bulls came out of a yard. As soon as the pit bulls hit the alley, I jerked my pup and held it high over my head.

"The pit bulls were just snarling and attacking my pup. They didn't bother me, but they got her by the hip. I pulled a .25 auto out of my pocket and I shot one of them dogs."
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Followup TX: No Charges for Woman who Shot Man who was Claimed to be Masterbating on Bicycle



"It looks like he got on the bike after the shooting, rode down here and collapsed," Crowson said.

Johnson was charged with trespassing, indecent exposure and failure to ID to police. Police said the woman is not facing charges in the shooting.

Neighbors said they would have had the same reaction if the situation happened to them.
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KY: More on Shaw Michael Woods Shooting



A tenant shot and killed a 34-year-old man in self-defense Wednesday at a Lexington apartment building after the man allegedly threatened people over multiple days, according to police and a neighbor.

Shawn Michael Woods, 34, died from multiple gunshot wounds at University of Kentucky Chandler Hospital at 7:30 a.m., the coroner said.
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Monday, August 13, 2018

MA: Armed Cab Driver, Shoots, Kills, Armed Robbery Suspect



A cab driver who is licensed to carry firearms fatally shot a passenger in his cab who was trying to rob him while holding a knife and choking him, officials said.

Christopher Dunton, 24, was found suffering from gunshot wounds in the roadway next to a cab in the area of 20 Bentley St. in New Bedford at 1:12 a.m. Friday, according to the office of Bristol County District Attorney Thomas Quinn III.
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Sunday, August 12, 2018

State Department Spokesperson Gives Facts on 3D gun Settlement




On 31 July, 2018, Heather Nauert briefed reporters on issues at the Department of State. She answered questions about the settlement of the First Amendment lawsuit with the Second Amendment Foundation and Defense Distributed. The State Department Press Briefing was posted by the Department of Defense videos. The pertinent exchange is from 5:59 to 10:54.  Link to Defense Department video

A reporter asked this loaded question:
..given the amount of public opposition to this and the amount of concern on Capitol Hill that's been raised, is the Secretary planning to do anything to stop these downloads from becoming available, as they would at 12:01?
From Acting Under Secretary of State and Spokesperson, Heather Nauert:
I think we need to put some things in perspective.  This is obviously a heated situation; a lot of people have interest  in this story. A lot of people have been ignoring this fact for quite some time since this story began: At least since the year 2013, these CAD files, these computer - assisted design files, have been available online, they've been legal for U.S. citizens to actually download these CAD designs for quite some time now. They've been able to get these designs and print out these 3D guns in the United States. 

The reason that the State Department got involved, our only equity in this, is because of our role in controlling foreign access to U.S. defense technology. In simpler words, the State Department wants to prevent the wrong people from acquiring weapons overseas. That is the State Department's equity in this.    

This has obviously gone through a legal process. The Department of Justice was advising the State Department on this entire legal matter. The Department of Justice suggested that the State Department and the U.S. Government settle this case, and so that is what was done. 

We were informed that we would've lost this case in court, or would have likely lost this case in court based on First Amendment grounds. 

We took the advice of the Department of Justice, and here we are right now.
Since the year 2012, (the files were initially put online in 2012) the files have been available online and have been legal for U.S. citizens to download and print.

The only reason for the State Department came to be involved is to prevent the transfer of the technology overseas, so that the wrong people from acquiring overseas would not obtain the technology. The State Department does not regulate domestic technology.

The Department of Justice advised the State Department to settle, as they would likely lose the case on First Amendment grounds.

It is legal for American citizens to download these files and to make guns with 3D printers.  They have been doing so, legally, for at lest five years.

These facts are not in dispute.

Yet we have a judge in federal court issuing restraining orders to prevent the publication of these files on the grounds that they must do so to prevent the potential for "irreparable harm".  From seattletimes.com:
During the Tuesday hearing in Seattle, Eric Soskin, a lawyer for the U.S. Justice Department, said they reached the settlement to allow Defense Distributed to post the material online because the regulations were designed to restrict weapons that could be used in war, and the online guns were no different from the weapons that could be bought in a store.

Since the weapons “did not create a military advantage,” he told Lasnik, “how could the government justify regulating the data?”

But the judge countered, “There is a possibility of irreparable harm because of the way these guns can be made.”
Remember, these files have been available, and legal to print, for five years.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


GA: Man Shoots one of two Suspected Teen Car Thieves



"He heard someone in the driveway, grabbed his weapon, and told me he heard someone outside," the homeowner's wife told FOX 5.

The homeowner lives on Crooked Creek Way. Investigators told FOX 5 the man ran out of his house during the crime and opened fire on the teens, shooting one of them.
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FL: Man who Wounded Officer Claims Defense of Niece, Self



“John DeRossett was under no obligation to sit back, let Mary Ellis be kidnapped by strangers in the night, and do nothing to save her,” the motion said. “It's clear that had John DeRossett known they were police officers, he never would have fired his weapon.”

Authorities said Smith and another agent were wearing vests marked “Sheriff” in yellow lettering. In the motion, DeRossett’s defense argued he was unable to see the lettering in the dark and chaotic setting.

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FL: Gunfight at Florida Residence, Two Burglary Suspects Arrested



"I came outside to my front yard and I noticed that my trailer door was unlocked, and I saw the guy going inside the trailer," Jordan said. "I asked him, 'Hey, what are you doing?' He stuck his head out my trailer and he fired a shot at me, and I fired back at him. Very scary. Very scary. And I don't know what else to do about it. I just thought about my life, so I had to fire back."
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CA: Homeowner Shoots, wounds Home Invader, Stops Rampage



The incident took place in Cool’s Indian Rock Road area on Monday night. The initial report to authorities was that a home-invasion was taking place.

“The caller said a man entered their residence and began damaging the inside,” the Sheriff’s Office reported. “The caller was able to safely escape with his wife and young child to a neighbor’s residence.”
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Saturday, August 11, 2018

Trump Era July NICS Continues Trend of 2018 as Second Highest Year on Record



The National Instant background Check System, NICS continues to record near record numbers for July of 2018. During the 2016 election cycle, the fear of a Hillary Clinton presidency pushed gun sales and, correspondingly, NICS background checks to an all time record high.

Many people thought the sales and NICS checks would tumble once President Trump was elected. But sales and NICS only fell back a small amount. 2017 was the second highest year on record for NICS checks.

Over half way through 2018, the 2018 NICS checks are trending higher than those in 2017. The July, 2018 NICS checks were 1,835,318. In 2017, at the end of July, the NICS checks to date were 14,343,658. In 2018, at the end of July, the NICS checks were 15,128,636.

In the all time record set in 2016, the NICS checks at the end of July were 16,026,660.  The 2018 number is 94% of record 2016 number, and the second highest for the period.

These near record NICS checks do not necessarily reflect near record gun sales.

More and more of NICS checks are being used for carry permits and carry permit renewals.  The National Shooting Sports Foundation (NSSF) has been able to subtract out checks done for carry permits and carry permit re-checks. Using that information, checks done for firearm sales are down 9.5% from the 2017 figures.


The NSSF adjusted chart shows adjusted NICS checks for July close to the 2012 - 2014 levels.

The NICS checks have historically correlated one NICS check for about .6 firearms added to the private stock in the United States. NICS checks are done for sales of used firearms. One NICS check can be done for multiple firearms. In addition, in half the states, once a person receives a carry permit, the permit can serve in lieu of another NICS check for five years.

The number of carry permit holders in the United States is currently over 16 million people. This can be seen in the rising number of permit checks and permit re-checks done on the NICS system. But many of those permit holders do not have to use the NICS system for more gun purchases.

If the .6 number holds, the number of guns added to the private stock in July will be about 1.1 million. That would bring the total private stock to about 427 million firearms.  If the trend continues, there will be about 432 million firearms in the United States private stock by the end of the year.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TN: Man Shoots Aggressive Pit Bull, no Charges

KINGSPORT, Tenn. (WJHL) - A Kingsport woman says her pit bull was shot and killed by her neighbor who is a Johnson City fireman on Tuesday, August 7. Kingsport Police and the Sullivan County District Attorney's Office deemed this an act of self defense and decided not to press charges for the animal's death.

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OK: Man Shot, Killed, Attempting Break-in

Homicide Sgt. Dave Walker said a victim called 911 around 7:48 p.m. and said he had shot someone who was trying to break inside his room.

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FL: Pit Bull Shot, Killed, Attacking other Dog



PALM BAY, Fla. - A Palm Bay resident shot and killed a pit bull after it attacked another dog in the household Wednesday morning, police said.
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OH: Domestic Defense, Former Girlfriend Shoots Ex that Broke into Her Home



MANSFIELD – The Fox 8 I-Team has learned a domestic violence victim told police she shot her estranged boyfriend, after he broke into her home, refused to leave, and started coming toward her.

“She felt at that time she was in danger,” said Mansfield Police Lt. Rob Skropits.
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Friday, August 10, 2018

Ninth Circuit Panel Rules CA Unsafe Handgun Act not Covered by Second Amendment



A three judge panel in the Ninth Circuit Court of Appeals has ruled the restrictions of the California Unsafe Handgun Act (UHA) do not violate the Second Amendment.  In circular reasoning, the opinion posits the UHA restrictions do not restrict behavior protected by the Second Amendment. They then apply the least restrictive Constitutional test to determine if the behavior is protected. Unsurprisingly, they find that it is not.

The key to the decision is the Ninth Circuit's hostility to a broad reading of the Second Amendment. The Circuit, in it's en banc rulings, such as Peruta, Tiexeira v. County of Alameda, and in a three judge panel, Silvester v. Harris, has consistently worked to restrict Second Amendment rights to the narrowest possible box.  An analogous reading of the First Amendment would be that the State can restrict certain publications on the grounds that they might impact public safety. For example, that violent video games could be banned. The Supreme Court has rejected that argument for the First Amendment.

Here is the summation of the opinion of the court, From Pena v. Lindley:
California requires that new models of handguns meet certain criteria, and be listed on a handgun roster, before they may be offered for sale in the state. Two provisions require that a handgun have a chamber load indicator and a magazine detachment mechanism, both of which are designed to limit accidental firearm discharges. The third provision, adopted to aid law enforcement, requires new handguns to stamp microscopically the handgun’s make, model, and serial number onto each fired shell casing. Plaintiffs asserted that these three provisions have narrowed their ability to buy firearms in California, in violation of the Second Amendment, and that the handgun roster scheme imposes irrational exceptions, in violation of the Equal Protection Clause of the Fourteenth Amendment.

The panel held that it did not need to reach the question of whether the challenged provisions fell within the scope of the Second Amendment’s right to bear arms because, even assuming coverage, the provisions passed constitutional muster. Applying intermediate scrutiny, the panel held that the Act only regulates commercial sales, not possession, and does so in a way that does not impose a substantial burden on purchasers. The panel held that the requirements for a chamber load indicator and a magazine detachment mechanism reasonably fit with California’s interest in public safety. The panel further held that California had met its burden of showing that the microstamping requirement was reasonably tailored to address the substantial problem of untraceable bullets at crime scenes and the value of a reasonable means of identification. The panel rejected plaintiffs’ claim that they have a constitutional right to purchase a particular handgun and their claim that the provisions violate the Equal Protection Clause.
 The Court's using of the words "intermediate scrutiny" belies the fact that, in the case of the Second Amendment, "intermediate scrutiny" has collapsed to mere rational basis scrutiny. Rational Basis scrutiny is so close to no scrutiny, there is effectively no difference.

Under "intermediate scrutiny" in a Second Amendment case at the Ninth Circuit, to pass Constitutional muster, the State only has to claim some vague governmental interest. "Public Safety" is a favorite. It can be made to fit nearly every circumstance.

Then the State need only claim there is some relationship between the interest and the law in question. The State does not have to show the law actually accomplishes any increase in public safety; nor does the state have to show the law performs better than other, less restrictive, remedies.

In effect, in the Ninth Circuit and in other circuits hostile to a broad interpretation of Second Amendment rights, intermediate scrutiny is used as a sophistry to restrict the Second Amendment to narrower and narrower meanings.

The problem cannot be solved at the current Ninth Circuit. There are too many judges on the Circuit actively hostile to Second Amendment rights.

Given the political situation in California, it is unlikely the California legislature will correct the situation. Citizens in California who resent every greater restrictions on exercise of their Second Amendment rights have one judicial remedy left: appeal to the Supreme Court.

The Supreme Court may or may not accept the case. The Supreme Court has been unwilling to accept appeals from the Ninth Circuit on Second Amendment grounds.  I cannot recall a single case the Supreme Court has accepted from the Ninth Circuit on a Second Amendment challenge.

When and if President Trump's nominee, Judge Kavanaugh, becomes Justice Kavanaugh on the Supreme Court, the makeup of the Supreme Court may be changed enough so the Court will accept Second Amendment appeals from the Ninth Circuit.

That remains to be seen.

An alternate, and plausible solution would be for the Congress of the United States to pass legislation to enforce Second Amendment rights against the states. A national reciprocity act, as has broad support in the Congress, would go a long way to restore Second Amendment rights to Californians.

Congress could remove the current prohibition on interstate handgun sales, if it so wished.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

WA: Suspect Jumps Through Car Window, Armed Victim Holds Him for Police



REPUBLIC, Wash. -- Republic police are encouraging citizens to exercise their Second Amendment right after a man defended himself with a pistol against a suspect who jumped through his open car window while he was still inside.

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TX: Woman Shoots Man who Attempted Break-in


The man eventually followed the woman to her front door after she went inside and allegedly tried to break in. The woman ordered the man to go away and even told him she had a gun, Crowson said.

When the man refused to stop, she fired one round through her front door, striking the man in his chest.

He immediately ran back to his bike and managed to pedal a few feet away from the house before collapsing, Crowson said. Paramedics rushed him to Ben Taub Hospital in critical condition. He is now expected to survive.
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LA: Shooting at Skate Park Considered Self Defense



Shreveport Police Department released a man after he shot and killed 62 year old James Tinsley on Monday at 1:34 p.m.

Cpl. Marcus hines explained that based on the information and evidence they have, they believe the shooting was an act of self-defense.
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Black Man Holds Naked White Man at Gun Point. Police Come Nobody Shot






In the afternoon of July 24-25, a naked white man was making a nuisance of himself at Trailblazer Park in Newton County, Georgia.  A father with children at the park, on a church outing, used his legal firearm to detain the man for police.
From charlotteobserver.com:
A Covington, Ga., dad only wanted to take his family on a trip to feed the homeless. Instead, Tae Lovelace says they were harassed by a naked man and he was forced to pull out a handgun in defense.

“Had I not been licensed to carry at that moment who knows what this guy could have done to my family or any of the other families that were here,” Lovelace told WSB.
The police came and pointed their guns at the father, ordering him to put down his gun. The father did so, the naked man ran, but the police arrested him and took him into custody. From wsbtv.com
That's when he started recording with his phone for officers who arrived within minutes and ordered Lovelace to put down his gun.

"While the cop has his firearm toward me, the guy gets up and runs away again and jumps in the river," Lovelace said.
The father with the gun was black and the naked man was white. The police did not shoot the black father. They did not shoot anyone.

Those who stoke racial hatred claim no black man dare use a gun for self-defense, because he will be shot by racist police.  It did not happen here.  It almost never happens. Heather Mac Donald rebutted the claim that police shootings are biased against black people. From city-journal.org:
Four studies came out in 2016 alone rebutting the charge that police shootings are racially biased. If there is a bias in police shootings, it works in favor of blacks and against whites. That truth has not stopped the ongoing demonization of the police—including, now, by many of the country’s ignorant professional athletes. The toll will be felt, as always, in the inner city, by the thousands of law-abiding people there who desperately want more police protection.
Mr. Lovelace followed police directions. He put down the gun when ordered to do so. His grandmother called the police, so they probably knew something of the situation before they arrived. Perhaps a family member directed the police to where Mr. Lovelace was holding the naked man at gunpoint.

The police did not shoot Mr. Lovelace. Mr. Lovelace was not arrested. He was not beat up. He stopped the inappropriate behavior by the naked man, Josten Meeler, who was on some kind of mind altering substance.

Police make serious mistakes. In Colorado, a white man shot a black intruder, who was attacking his grandson. The white grandfather was shot and killed by police.  The police claim the grandfather, Richard Black, was told to "drop the weapon", and that Black did not do so.

Richard Black had just fired a handgun, twice, in the confined space of a bathroom. It is likely his hearing was severely impaired at that point. He is said to have stepped outside the house with his pistol and a flashlight. 

In a population of 330 million, with over half a million police, deadly mistakes are made. Fortunately, they are relatively rare. As police mistakes are publicized, they will become less common.

Every shooting of black men that has video is paraded as evidence of police racism. But everyday interactions of law abiding black people with police, and the growing number of black men and women who legally carry guns for protection of themselves and others, is seldom mentioned.

Interaction with officers who are answering a "man with a gun" call is a dangerous situation. A mistake may be fatal.

Do not take for granted the officers know that you are the "good guy with a gun". They may not.

Black, White, Red, Brown, Green or Purple, use what resources you have to inform the officers you are not the threat. Have the person contacting the officers describe you, so they can more easily identify you. Do not point your gun at officers. Follow their commands.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch







Thursday, August 09, 2018

FL: Disarm, Homeowner takes Shotgun from Burglar, Shoots Same



JACKSONVILLE, Fla. - A Westside homeowner managed to disarm a suspected burglar who broke into the house by smashing a back window and armed himself with the homeowner's shotgun, according to the Jacksonville Sheriff's Office.
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NE: Rifle Beats Sword in Lincoln



The naked man tapped the driver's side window with the sword, and the 26-year-old grabbed his rifle from the vehicle, chasing the man into a wooded area nearby, Lincoln Police Officer Angela Sands said.
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SC: Armed Neighbors Stop Attempted Burglary



When they got there, they say they saw a man trying to get inside a boarded-up window, and commanded him to leave with his hands up.

Instead, the man ran toward Highway 11, and the two neighbors each fired one shot into the ground.

Nothing was stolen, but deputies say the suspect left behind a black bookbag and hat that were left behind.
More Here

Wednesday, August 08, 2018

Free Concealed Carry License for Veterans in Ohio



On 1 August, 2018, Governor Kasich of Ohio abstained from his last chance to veto SB 81.  SB 81 requires sheriffs in Ohio to accept application for concealed handgun licenses from current and former military members, without a fee.  From legiscan.com:
To amend section 2923.125 of the Revised Code to waive the concealed carry license fee for active members of the armed forces and retired and honorably discharged veterans, to accept military experience with firearms as proof of competency with firearms regardless of when the applicant for a license acquired the experience, to permit a licensee to renew a concealed handgun license at any time before the expiration of the license, and to require the Attorney General to monitor the number of license fees waived and cap the total amount allowed to be waived at $1.5 million.
SB 81 was popular in the legislature. It passed the House 81-7. It passed the Senate 31-2. Those numbers are far beyond the 60% of votes necessary to override a veto by the Governor.


The fee for a concealed carry license in Ohio is $67 for residents of five years and more; $67 and the cost of a background check for residents of less than five years. The only non-residents who will be accepted are those who work in Ohio. In addition, veterans will not be required to take additional training to obtain the Ohio concealed carry permit.

The total amount to be waived is capped at $1.5 million per year. That translates to 22,388 veterans to be allowed free concealed carry permits in Ohio each year. The veterans have to be on active duty or have left the service with an honorable discharge.  A DD214 form is considered sufficient proof of service.

The Sheriffs are required to report to the Attorney General of Ohio, each time a license is issued to veterans. The Attorney General is responsible to inform sheriffs when the total amount of fees waived has reached $1.5 million.

 If, as expected, the numbers of fees waived are made available to the public, the percentage of people who are issued concealed carry permits who are veterans will be available.  It is expected that veterans make up a disproportionate number of people with carry permits. There are about 20 million veterans in the United States, or about seven percent of the U.S. adult population.

In 2017, Ohio had 623,000 active concealed carry permits. Ohio passed its shall issue concealed carry law in 2004. Ohio issued 158,000 new and renewed licenses in 2016.  In 2017, Ohio issued 131,000 new and renewed licenses.

An effective date has not been assigned to SB 81 as of the time of this writing.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Armed Citizen Stops Carjacking



LITTLEFIELD, Texas - Littlefield Police said a man with a gun and a concealed carry permit was able to stop a violent carjacking Thursday afternoon.

Police arrested Ruben Garcia Lopez, 25, for aggravated assault with a deadly weapon, assault, terroristic threat and resisting arrest.
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MI: Mistaken Identity, Wife Shoots Husband



The man's wife, 38, was sleeping in bed when she was startled by him entering the home and pulled out a handgun kept under her pillow and shot him.
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MI: Victim Disarms Robbery Suspect, Shoots Same



That incident took place Saturday night 11:15 p.m. on the 5000 block of Pacific. According to Detroit police, a man was sitting in his car in the driveway with his family when a gunman approached on foot and announced a holdup. The victim was able to wrestle the gun away from the suspect and then shot him in the buttocks during the confrontation.
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NC: Store Owner Shoots Burglary Suspect



The owner called police, but then took matters into their own hands, shooting the suspect as he was running out of the store.

A Charlotte-Mecklenburg police statement says the owner called back and said that he'd shot someone. Officers located 20-year-old Justin Tyler Anderson behind the business. He was pronounced dead at the scene.
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AL: Domestic Defense? Woman Shoots, Kills Estranged Husband


A 38-year-old Selma woman is behind bars after police say she shot and killed her estranged husband in front of her home Tuesday morning.
More Here

Tuesday, August 07, 2018

Pew Poll Supports High levels of Defensive Gun Use (needs work)





The number of defensive gun uses (dgu) in the United States is difficult to measure. Surveys which ask about defensive gun uses have routinely shown numbers between 500,000 and 3 million per year.  A survey, specifically designed to determine dgu in the U.S., the National Self Defense Survey, (NSDS) found about 2.5 million dgu per year in 1993.

The National Crime Victim Survey (NCVS), shows smaller numbers, about 80,000 per year. The NCVS does not ask about defensive gun uses, but depends on victims volunteering the information.

Numerous other polls have found similar numbers to what the NSDS found.  These include three large surveys done by the Center for Disease Control shortly after the NSDS. The CDC results were only found recently, after being buried by the CDC for twenty years.

A survey done by detractors of the NSDS found similar numbers of defensive gun uses. The detractors then attempted to discredit their own survey. Police Foundation survey (Cook and Ludwig 1996; 1997).

A recent Pew poll supports large numbers of defensive gun uses (dgu) each year.  It also shows large numbers of people who report they have been shot.

In the Pew poll, seven percent of all adults in the poll say they have defended themselves, family, or possessions with a gun by firing it or threatening to fire it. Three percent of people say they have been shot.

Seventeen percent of self identified gun owners say they have used guns defensively by that definition.

Nine percent of people who say they used to own a gun say they used one for defense as defined in the poll. From pewresearch.org:
Roughly one-in-seven adults who own or have owned a gun (15%) say they have fired or threatened to fire a gun to defend themselves, their family or their possessions.
One percent of people who say they have never owned a gun say they used one for self defense in that way.

The Pew question could be both more inclusive and specific. It leaves out defense of non-family.  It eliminates uses where the defender did not shoot or threaten to shoot the gun. In most defensive gun uses, the gun is never fired.  Many users never threaten to fire their gun.

The number of adults in 2017 was 248 million.  Seven percent of 248 million is 17.36 million adults who say they used a gun defensively, sometime in their life.

If we use 20 years as typical of what adults may remember, that would be 868 thousand dgu a year. If we use 35 years as the average, it would be 496 thousand dgu per year. The average age of a person in the U.S. is 37.

It is hard to know what percentage of incidents may be forgotten, or how many adults might have used a gun defensively more than once.  The poll does not measure how many adults would give a false answer.

The Pew poll question would have been better if it were time limited. It would have been better to have more questions that helped to verify the defensive uses.

Those steps were taken in  the National Self Defense Survey (NSDS) done by Dr. Gary Kleck and Marc Gertz. The NSDS was done in 1993 and published in 1995.

Critics have attacked the NSDS numbers as inaccurate. Professor Kleck has answered the attacks and defended the NSDS numbers .

The recent poll done by Pew is not as large, nor as detailed as the NSDS. Its results are compatible with the NSDS results.

One criticism of the NSDS results is that the number of killed or wounded attackers, extrapolated from the poll results, is larger than the number seen in hospitals.   In the Kleck and Gertz survey, about 8% of those who reported a defensive gun use said they thought they had wounded or killed the person they were shooting at (about 20 respondents).

The CDC recorded 116,000 non-fatal firearm injuries in 2016. These are firearm injuries where the injury was recorded at a medical facility.

A criticism of the NSDS is the small number of defenders who thought they had wounded or killed the person they were defending from, extrapolates to 207,000 people with firearm injuries per year.  Those critical of the NSDS argued that far fewer people than 207,000 were recorded as injuries in emergency rooms and hospitals each year.

Kleck answered this criticism by noting that he and Gertz had cautioned about extrapolation from such small numbers, based on speculation by the reporting defenders.  From Kleck:
...they specifically cautioned against using NSDS data to generate such an estimate because an estimate of defensive woundings would be based (unlike the estimates of DGU frequency in general) on a small sample (the approximately 200 respondents who reported a DGU) and because NSDS interviewers had done no detailed questioning of respondents regarding why they thought that they had wounded their adversaries.
Kleck also noted that the number of people wounded may not be well measured by reports from emergency rooms.  A previous study by Kleck showed that most people who report to emergency rooms with gunshot wounds are criminals.
the fact that the vast majority of victims of medically treated GSWs linked to alleged “assaults” are known criminals (Kleck 1997, Chapter 1).
Gunshot wounds are reported to the police. There is incentive for criminals to avoid visiting emergency rooms with minor gunshot wounds. In reading hundreds of reports of wounded criminals, virtually all attempt to convince authorities that they are the victim.

The recent Pew poll supports Kleck and the NSDS results.

In the Pew survey, conducted in April of 2017, three percent of adults say they have been shot accidentally or intentionally.  That is 7.44 million people who say they have been shot. 

Divide that number by years of experience to produce approximate numbers of the people who say they were shot per year.

If we choose 20 years as the average number of years adults remember, the number shot is over 372 thousand a year. If we use a 35 year average, it would be 212 thousand people shot per year.

Fatal firearm accidents are at an all time low, less than 500 per year.

The Pew survey can be added to the list of those that show relatively high levels of defensive gun use in the United States.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NY: Retired Officer in Bentley, Gunfight over Rolex

New York City police work must pay well. Perhaps former Detective Santos is simply frugal. He was accosted in his armored Bentley. He got out and into a gunfight over his Rolex wristwatch. He retired at age 41 with 21 years service in the force.

Former Detective Robert Santos told cops he was in his 2010 luxury ride outside his dad’s home in East New York at about 3:50 a.m. when “a guy walks up, points a gun at him and says, ‘Give me your Rolex,’ ” a high-ranking police source told The Post.

Santos, 46, “puts the watch on the seat. He then gets out of the car and gets into a gunfight with the guy,” the source said.
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FL: Man Shoots Dog as it Bites his Arm



Matt Ellis said he was forced to shoot his friend's dog when the animal attacked him.

"It went nuts and locked down on my arm," Ellis said.

Ellis said the dog still had ahold of his arm as he went into another room to get the gun.

"I actually drug it to the case, opened up the case and grabbed the gun and shot it," Ellis said.
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NY: Resident Shoots, Kills Man Attempting Break-in



Someone tried to enter the apartment overnight, and when he did, the tenant was waiting, with a gun, reportedly with other family members, including children, sound asleep, and to protect his castle, he pulled the trigger, police said.
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CA: Armed Homeowner Wounds one Burglary Suspect, Helps Capture Second



An armed homeowner in Garden Grove shot and injured one of two suspected burglars who emerged from his neighbor's house, then helped police detain the other one on Friday, authorities said.
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Monday, August 06, 2018

TX: Mystery Man at McAllen Mall Robbery: Armed Citizen or Plain Clothes Police?



In a video of the attempted armed robbery of a McAllen, Texas mall jewelry store, the seven suspects were captured by three armed people.

One of the armed people, in a uniform, is said to be a police officer working mall security. Another one, in a red shirt, is said to be a citizen with a Texas license to carry, in a Fox News Video.

The third, showing a badge in his left hand, appears to be another police officer.




Link to video

The dailymail.co.uk writes that the armed person in the red shirt is a plain clothes police officer. From thedailymail.co.uk:
A plain clothes police officer then arrived (in red) and cornered the thieves in the store
 (snip)

Two plain clothes officers followed with their own weapons. The thieves retreated at the sight of them and backed further into the store, out of view.
 Which is correct?

The Fox outlet says it was told by the police that the person in red was an armed citizen with a carry permit.

The Daily Mail says he was a plain clothes police officer.

You cannot tell from the video, but he does use good tactics.  If anyone has local information as to which news item is correct, we would like to know.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Off Duty Deputy Shoot Aggressive Dog that Attacked his Dog

The Hays County Sheriff's Office says a man was walking his dog, a small breed, when they were attacked by another dog — a large breed — that was off its leash. In response, the man, who is an officer with the Rollingwood Police Department, shot and killed the larger dog. The Rollingwood Police Department says it has begun an internal investigation into the officer's actions.

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MO: 80-Year-Old hold Burglary Suspect at Gunpoint


CRYSTAL CITY, MO. (KMOV.com) -

Crystal City police are continuing their investigation into a home break-in in a neighborhood off Highway 61 on the south side of town. A 36-year old man was taken into custody and booked on suspicion of burglary but no formal charges have been filed.
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MO: 57-Year-Old Shoots 30-Year-Old who Shot at Him

A 57-year-old man told investigators the suspect had shot at him, then entered his home. The victim retrieved a firearm and found the suspect. The man said he feared for his life after having a gun pointed at him. He fired one shot, striking the suspect.

More Here

Sunday, August 05, 2018

CDC Corrects Major Gun data Error Uncovered by John Lott


In 2015, the Centers for Disease Control (CDC) made an error in the number of fatal firearms accidents that occurred in 2014. It was so large, it was obvious.

The number of fatal firearm accidents had been falling significantly. In 2014, they suddenly and inexplicably jumped by over 25%. Most of the increase was in one state, Tennessee. Dr. John Lott noticed the error in January of 2016, and brought it to the attention of the CDC. From crimeresearch.org:
In January 2016, Dr. John Lott contacted the CDC to alert them to a mistake in their numbers for 2014 on accidental gun deaths. The total was clearly a 100 larger than it actually was (the error arose because of mistakes in Tennessee’s data, and the mistake was so large it noticeably impacted the national number accidental deaths that year, raising the reported number from 486 to 586). Finally, in October 2016, the CDC acknowledged their error, but they never corrected the data on the website. This error is so large that it noticeably affects even five-year averages in accidental gun deaths. Unfortunately, since they never made the corrections, others are making mistakes when they use the data.

Now even reputable organizations such as the National Safety Council are using the erroneous data and drawing incorrect conclusions. Their new report “Injury Facts — 2017 Edition” shows that the number of fatal firearm accidents fell from 586 in 2014 to 489 in 2015 — a 17% drop. In fact, there was a slight 0.6% increase from 486 to 489. New headlines incorrectly claim that “Accidental shootings at all-time low of 489, gun sales highest ever,” when in fact 2014 was the lowest year on record and the numbers went up very slightly in 2015.
While the CDC acknowledged the error, they failed to correct it. Finally, in 2018, two and a half years after being notified, they have corrected the mistake. The error was even greater than originally thought. Instead of inflating the number of fatal firearm accidents by 100, the actual false increase was 125.

It is not clear how the error occurred. It is a good thing the CDC has finally corrected their database. As they have been made aware of the error since January of 2016, what took so long to make the correction?

Very likely, bureaucratic inertia. In October of 2016, CDC put out notice the 2014 data was bad. Users of the data were forewarned the numbers were unreliable.  In a large bureaucracy, it takes time to check and recheck everything. No one wants to admit to error in an organization whose major stock in trade is its credibility.

That the correction crossed the boundary of a presidential election is intriguing. It is not proof of institutional bias, but may be an indicator. President Obama was resolutely against an armed population. President Trump has openly supported an armed population.

The CDC has been chastised by the Congress for institutional bias against an armed population before.  The CDC buried data, or at minimum, did not promote it,  that supported claims of large numbers of defensive gun uses.

Selection bias is one of the most difficult things for researchers to fight. People  tend to see information they agree with, and ignore information they disagree with.

Researchers and bureaucrats are people. Inside the CDC, there seems to be a bias against data that supports the advantages of an armed population.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




DE: Gun Beats Pepper Spray in I-95 Incident



Both men then got out of their vehicles and an altercation ensued, police said. The driver of the Durango, a 53-year-old Wilmington man, allegedly took out pepper spray and sprayed the bus driver in the face.

The bus driver then pulled out a handgun and fired at the 53-year-old man, striking him in the upper torso, police said. The bus driver then immediately rendered first aid to the 53-year-old man and called 911, according to investigators.
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NV: Homeowner Shoots at Burglary Suspect



Las Vegas police are investigating Wednesday morning after a man shot at a burglar standing in the bedroom in his east Las Vegas home.
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MD: Armed Woman Disarmed, Shot by Burglary Suspect

According to police the woman encountered the suspect, retrieved a handgun and called police. Police said that during a struggle between the woman and the intruder, the gun was fired “a number of times.” The homeowner was shot once, according to police, and was taken to a hospital in serious condition. She is expected to survive, police said.

More Here

Saturday, August 04, 2018

Seattle Judge Blocks Release of Documents on How to Make Guns



Judge Robert Lasnik is a U.S. District Court judge in Seattle, Washington. He has issued a restraining order, forbidding Cody Wilson and Defense Distributed from releasing documents on the Internets that show how to make simple guns and gun parts with 3D printers. The judge issued the restraining order as requested in a lawsuit filed against the federal government, for refusing to prevent the publication of the information. From seattletimes.com:
During the Tuesday hearing in Seattle, Eric Soskin, a lawyer for the U.S. Justice Department, said they reached the settlement to allow Defense Distributed to post the material online because the regulations were designed to restrict weapons that could be used in war, and the online guns were no different from the weapons that could be bought in a store.

Since the weapons “did not create a military advantage,” he told Lasnik, “how could the government justify regulating the data?”

But the judge countered, “There is a possibility of irreparable harm because of the way these guns can be made.”
In the Defense Distributed First Amendment case, the Obama administration claimed that computer code on how to build a simple single shot handgun was a military weapon that should be regulated under International  Traffic in Arms Regulations (ITAR). The regulations are designed to control the export of defense and military related technologies.

The current administration noted the arms supposedly regulated are already superseded by current military organizations all over the world. There is not a military in the world that does not have access to better military technology than is made available in the computer code which the Obama administration attempted to censor.

It made the obvious statement that non-automatic firearms of .50 caliber or less are not inherently military. From the SAF press release:
Significantly, the government expressly acknowledges that non-automatic firearms up to .50-caliber – including modern semi-auto sporting rifles such as the popular AR-15 and similar firearms – are not inherently military.
Judge Lasnik's restraining order will likely be overturned. It may lead to a Supreme Court case to reign in the power of dictatorial district judges to issue commands to the nation. Justice Thomas has already hinted at such a necessity. From Trump v. Hawaii:
In sum, universal injunctions are legally and historically dubious. If federal courts continue to issue them, this Court is dutybound to adjudicate their authority to do so.
Essentially, universal injunctions allow any one of 600 federal district judges to impose their will on the United States Government. This allows anyone who wants a particular outcome to judge shop for a judge that will order the federal government to do what the special interest wishes.

What was available for Judge Lasnik to hang his injunction on?

The possibility of "irreparable harm because of the way these guns are made".

It has nothing to do with ITAR. The Trump administration did not allow for the code on how to make nuclear weapons, advanced military radars, or laser cannon to be released. 

Every release of information has the potential for "irreparable harm". The fabric of the U.S. Constitution is based on the idea that liberty is more important than hypothetical potentials of harm. Anyone can dream up hypothetical potentials. To allow hypotheticals to rule the nation undercuts the rule of law.

How the do the people bringing the lawsuit have standing. Where have they been harmed?  The information that would be allowed is already on the Internets. The ability and knowledge on how to make simple firearms is already widely available on paper. People have been making guns at home for hundreds of years.

Where does a single judge in Seattle obtain the power to neutralize the First Amendment for the nation based on a dubious theory of hypothetical harm?

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




MS: Gunfight, Armed Robber and Off Duty Officer, no one hit


An off-duty police officer and an armed robbery suspect exchanged gunfire outside The Princess Theatre downtown business shortly after midnight Wednesday.

Mississippi Bureau of Investigation is investigating the shooting, according to a Columbus Police Department press release. Authorities do not believe anyone was injured.

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GA: Father Holds Naked Man at Gunpoint



The father, Tae Lovelace, explained to Johnson he told the man to leave several times before he grabbed his gun and chased the man. He was able to hold the man while another family member called police.

"Not only did he come back naked he ran directly up to my kids, and the mother of my child and they were frightened," Lovelace said.
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FL: Man Shoots, Slightly Wounds, Pit Bull that Attacked his Dog



A man, David Harner, says he was about to walk his dog when three dogs charged at him and his dog. He says only one of the three dogs, a pit bull, attacked his dog, so he shot it.

The bullet only grazed the dog. Then the three dogs ran back to their home.
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OK: Homeowner Holds Intruder at Gunpoint, Fires Shot Unintentionallly


YUKON — A Texas man was arrested Friday afternoon after a Yukon homeowner reportedly caught him trying to burglarize his home and almost accidentally shot him.

 Oklahoma City police arrived at the home about 1:10 p.m. to find the homeowner holding Jared Kevin Bennett, 44, of Perryton, Texas, at gunpoint in his driveway in the 4000 block of Stonebridge Circle.

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Followup MO: Homeowner who shot Intruder was Justified



The Miller County's Sheriff's Office said it happened July 23 at 116 Old Bagnell Road.

Investigators say the intruder entered the residence illegally and started a confrontation with the homeowner, who shot him in the arm.
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Friday, August 03, 2018

California Magazine Ban in Trouble; California Exempts Retired Reserve Officers



In November, 2016, California voters passed a referendum that banned the possession of magazines with a capacity of more than 10 rounds. The ban was immediately challenged in the courts. An injunction against enforcement of the ban was put in effect by a federal district court. 

The court challenge claims the ban violates the U.S. Constitution on several grounds, including the Second Amendment. The case is one of several where state and local governments contend that magazines of over 10 rounds fall outside of protection afforded by the Second Amendment. 

The State of California appealed the injunction to the Ninth Circuit. A three judge panel of the Ninth Circuit upheld the federal Judge's authority to stop enforcement of the ban. From foxnews.com: July 17th
Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.
Just a week earlier, the State of California had expanded the definition of who was exempt from the ban. The expansion included retired reserve officers that met certain time requirements. From ca.gov:
AB 1192, Lackey. Firearms: retired peace officers.

Existing law defines “honorably retired” for purposes of certain exceptions to the law involving the carrying of firearms by a retired peace officer.
The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, makes it a crime for a person, commencing July 1, 2017, to possess a large-capacity magazine. Proposition 63 exempts from that prohibition the possession of a large-capacity magazine by honorably retired sworn peace officers. The existing act authorizes the Legislature to amend its provisions by statute approved by a 55% vote of each house if the amendments are consistent with, and further the intent of, the initiative statute. 

This bill would amend that act by redefining the definition of “honorably retired” to include a retired reserve officer who has met specified length of service requirements.
Such exemptions have been challenged under the equal protection clause of the fourteenth amendment. The argument is that retired officers are no longer state officials, therefore they do not fall under a special employment category.  That argument has not been upheld by the courts, at least so far.

Both arguments hinge on interpreting the laws under the legal standard of intermediate scrutiny. Intermediate scrutiny, as applied to the Second Amendment in the lower courts, has devolved to another name for "rational scrutiny".  The only standard for rational scrutiny is that the legislature provide some plausible sounding reason on which to base their passage of the law.

In effect, it gives the legislature the power to pass any law they wish, as long as the legislature gives a plausible sounding reason for the law. The reason does not have to actually be rational. It only needs to sound rational.

Here is an example. The legislature says banning magazines will reduce mass murders.  The legislature does not have to show this is true. It only has to give the reason, and the law is considered legitimate under the intermediate scrutiny/rational scrutiny standard.

Applying the intermediate scrutiny/rational scrutiny standard effectively guts the Second Amendment. Lower courts in Circuits hostile to the Second Amendment  have simply claimed that rifles and magazines are not covered by the Second Amendment, so they can apply lower levels of judicial scrutiny.

Under that theory, so many restrictions can be placed on the Second Amendment as to render it toothless.  Some of the restrictions already put in place include bans on magazine capacity, bans on firearms by appearance, arbitrary "safety standards", and bans on carrying firearms outside of the home. The Supreme Court, thus far, has simply refused to hear cases challenging these circuit court decisions.

Judge Kavanaugh, who is being considered as a replacement for retiring Justice Kennedy, has written that such rulings serve to undercut the interpretation of the Second Amendment as applied in the Heller decision. If Justice Kavanaugh is confirmed as the new Supreme Court justice, the Supreme Court is likely to consider the intermediate/rational scrutiny standard.  If the Court upholds the Heller decision, many such laws will be ruled as unconstitutional violations of the Second Amendment.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch






NC: Two Armed Victims Fire at Two Suspects



A pair of victims of robberies in separate York County incidents Thursday and Friday shot at the suspects, police said.

One of the victims, a 72-year-old man armed with a shotgun filled with a type of buckshot, told police that he believes he wounded a male suspect who stole a car, police said.

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MO: Homeowner Shoots Man who Broke into Home



It’s because St. Louis police said the man who died broke into a home, and the man inside shot and killed that intruder, possibly in self-defense.
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KY: Man Shoots Dog, Bullet Hits Bystander



According to Madison County Sheriff’s Deputy Michael Stotts, the accidental shooting occurred after a dog bit a person in the 100 block of Long Hollow Road in Berea. A separate individual shot the canine, and the bullet passed through the animal, striking a third person.
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Followup TN: Justin Golson Shooting of Demarco Churchwell was Self-Defense



Prosecutors dropped the charges against the man accused of a deadly shooting at Opry Mills mall on grounds of self-defense, according to Davidson County court records.
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Thursday, August 02, 2018

Five easy Ways to Make AR15 type Receivers at Home



There are at least five easy ways to make AR15 receivers at home.

1. Purchase an 80% blank and finish it with a drill, files and patience, it gets easier with a Dremel type tool. Or use a drill and mill and skill. Many videos on how to do it  are available on the Internets. There are numerous sites on the Internets vying for profits, good reviews, and price point.



2. Purchase an 80% receiver and finish it with a programed CDC machine, i.e. the Ghost gunner. Order it on the Internets. The Ghost Gunner has an excellent reputation for creating quality receivers. Defense Distributed is expanding their line to include several different pistol models, including Glock and the Government model .45.



3. Bolt one together from properly sized Aluminum sheets/blocks. Some drilling and tapping required. Specs and templates available on the Internets. This has great potential for building at home. I have not found any kits on the Internets, but they should be easy to create.



4. Print one with a 3D printer. Code and 3D machines available on the Internets. 3D printed receivers have been improved much since the first ones were printed as proof of principle. They tend to be the least durable of the homemade receivers because of the common materials used in inexpensive 3D printers, such as ABS and Nylon. As 3D printers become cheaper and more versatile, the durability of 3D printed receivers will continue to improve.



5. Cast one out of an epoxy resin. Molds, resin and instructions available on the Internets. Reviews of this method indicate it makes a fairly durable and tough receiver. It may not be as tough as aluminum, but they work fairly well.



All of these methods have been shown to work reasonably well, taking various amounts of time and money.

These are not the only methods available. There are many combinations available depending on tools, time, and materials. For example, there are hybrid designs that print out smaller parts, then bolt them together.

These methods need not rely on the Internets. They can be done using old print technology and or video tapes, sold over the counter, or by mail order.

Various of these methods have been available at gun shows from time to time. Sold as kits for cash and carry, there is no digital or paper trail. The kits are simply information and materials, sometimes with a few basic tools.

There are opportunities for gun show entrepreneurs to sell more of these systems as kits, complete with materials and video instructions.  The United States is not the former Soviet Union. Every typewriter is not required to be registered and tracked. Every drill press is not owned by the State.

It would be a great money making project for a gun club or a Second Amendment activist group to promote the First Amendment, Second Amendment rights, self reliance, and personal independence, all at once. The systems are inexpensive enough to make a good money making project for a church group, Trail  Life,4-H club, or Boy Scout council, if they can develop enough spine for it.

President Trump has shown the country that people no longer need fear the nanny state crybullies. Second Amendment supporters can fight back by exercising their rights.

All of the information is available to mill an AR15 receiver from a block of aluminum, to start completely from scratch. Some have used this method, but it takes more time, skill, and effort than the others listed.

 ©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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