Tuesday, May 23, 2017

OK: Resdent Shoots Man who Broke into Apartment


Police are investigating after a burglar was shot Saturday afternoon while breaking into a northwest Oklahoma City apartment.

Officials said the burglar broke into an apartment complex in the 5700 block of Northwest 23rd Street, near North MacArthur Boulevard. A resident was at the apartment and shot the burglar in the side.
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PA: Husband Accidentaly Shoots 78-Year-Old Wife; Mistaken Identity

A 78-year-old woman was shot inside her Red Lion home early on Saturday morning by her husband who thought she was an intruder, according to Pennsylvania State Police.

Joan Reichard was in stable condition at York Hospital, with what police described as a non life-threatening gunshot wound to the chest.

The shooting, which few neighbors said they heard on the quiet borough street, was said to be a "pure" accident, according to Trooper Brent Miller, a state police spokesman.
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Nonimmigrant Aliens may Legally buy and Posses Firearms in the USA, If:

It has long been known that nonimmigrant aliens may purchase and own firearms  in the United States for hunting or for sporting purposes.

In order to legally purchase firearms from federally licensed dealers, non-resident aliens have to show a legal hunting license or that they "have been admitted" for sporting purposes. The easiest way to obtain a document to allow purchases at gun stores is a hunting license. Some Chinese students in Arizona recently fell afoul of the law by purchasing *resident* hunting licenses when they were not technically eligible to do so.  From azcentral.com:
In recent months, federal and state officials have cited at least eight Chinese students at the University of Arizona for fraudulently obtaining resident hunting licenses, and also seized from them a number of firearms obtained using those licenses.

A high-ranking federal official told the Star his agency has no evidence of “malicious intent” by the eight students. Nevertheless, the purchases reveal what officials say is a potentially troubling vulnerability in federal and Arizona firearms laws, which exempt international students and other non-immigrant visa holders with hunting licenses from prohibitions on gun ownership.
The students had been living in the United States for up to two years when they purchased their resident licenses. This seems to meet the requirement for being "domiciled in this state for at least six consecutive months". In 2010, that would have been sufficient.  From the 2010-11 regulations:

A person who has been a bona fide resident of the state of
Arizona for six months immediately preceding the date of application
for a license or a tag or a member of the armed forces who has been
stationed in Arizona for a period of 30 days immediately preceding the
date of application for a license or a tag.
 But another requirement  was added by 2015.
and who does not claim residency for any purpose in any other state or country.
Was the extra requirement added at the suggestion of the federal government?
It was this added requirement that tripped up the Chinese student firearm enthusiasts. They were cited for fraudulently obtaining a resident hunting license in Arizona.  If they had obtained a non-resident license, they would have been legal.

States vary considerably in what is required to obtain a resident hunting license. In Iowa, a full time student qualifies.

From iowadnr.gov:
2. Is a full-time student at an accredited educational institution in Iowa and resides in Iowa while attending the educational institution,
Our Chinese students would have been perfectly legal in Iowa. 

The ATF is clear that having a valid hunting license is a lawful exception for nonimmigrant aliens to legally possess firearms. From atf.gov:
May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
An Arizona non-resident hunting license is $165 per year.  If you are in the USA on a nonimmigrant visa, it is a small price to pay to own a firearm, compared to the enormous costs of owning firearms in most of the rest of the world. But you could purchase a Utah non-resident hunting license. A Utah non-resident 1 year basic hunting license is $65. 

Another suggestion for people here on nonimmigrant visas: join a shooting club and compete in competitions. You could do so with borrowed equipment at first. After you decide what you wish to purchase, then use a valid hunting license and copies of your competitions to meet the federal requirements. The law does not limit nonimmigrants to hunting; sporting purposes, which include competitions, are included as well. 

I am not a lawyer, nor do I play one on the Internets. But a valid hunting license and proof of participation in club competitions should be more than sufficient to meet the federal requirements for legal firearm ownership by nonimmigrant aliens.

 ©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

KY: Shot Fired at Burglary Suspect

LEXINGTON, Ky. (LEX 18)-- A shot was fired after a man was caught breaking into a home on East Loudon Friday afternoon.

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OH: Firefighters Break-in, Shots fired with .44 Magnum, no one hit

The fire department forced entry into the home. The man fired shots at the firefighters, police said.

The man, who identified himself as Kenneth Glenn Mullins, was taken into custody for questioning.

"I mean, someone breaking into my house. What would anybody think?” Mullins said. “I dropped to my knees, got my weapon. I shot over them though ... I just wanted to scare them. They couldn't even find the shell casing because I don't want to kill nobody. I'm not that way, even though I'm a veteran.”
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FL: 56-Year-Old Shop Owner Shoots 28-Year-Old Customer

POMPANO BEACH, Fla. - An auto repair shop owner fatally shot a customer Friday morning during a business dispute, authorities said.

Broward sheriff's deputies said the victim, Richard Buchanan, 28, approached the owner of the repair shop at 2100 N. Powerline Road just before 9:40 a.m.
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TX: Mistaken Identity Tragic Shooting of Friend

A man was with friends in his apartment off El Camino Real near Seafoam when a group of assailants arrived and attempted to rob them; the man who was renting the apartment fled.

When he later returned, police said, his friends mistook him for one of the robbers returning, and he was shot through the apartment window.

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TN: Armed Woman Chases off 5 Home Invasion Suspects

“I got up and came running through the hallway and my gun was sitting on the dog cage, and the guy was standing in the kitchen. He had just busted my door open,” Lee said.

Lee then grabbed her .45-caliber handgun and her shotgun.

“I put the gun in his face and asked him if there was something I could do for him, and he was gone just that quick,” Lee said. “I chased him out the back door trying to look at the tag number on the car, something I could describe other than just him.”

Within an hour, Madison County deputies arrested Quentin Childress, 20, of Jackson, Jaylon Chiles, 18, of Biloxi, Miss., Amar Johnson, 21, of Jackson, Kendrick McMullin, 19, of Jackson, and a juvenile male. Each is charged with aggravated burglary.
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IA: Armed Woman Shoots Ex at Kum and Go

The case remains under investigation.

At about 11:45 p.m., the woman called police to report that she had shot her ex-boyfriend outside Kum & Go, 2110 Guthrie Ave., according to a Des Moines police report.

She told police her ex-boyfriend had tried to run her over with his vehicle, so she fired the gun in self defense, according to the report.
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Sunday, May 21, 2017

MI: 68-Year-Old Victim Fires Gun to Stop Dog Attack

However, witnesses reported hearing a gunshot. Police confirm that a gun was fired, but not by a police officer.

“The victim is a licensed gun owner who had his gun with him,” Zalewski said. “He fired his gun into the ground to scare them off.”

Zalewski said shooting the gun did succeed in getting the dogs to stop attacking.

When the reporting officer arrived he said a detective and a command officer were already at the scene, trying to get the dogs away from the victim. They were circling the injured man and made several charges at officers, displaying their teeth and growling.
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FL: Armed Man Shoots Uncontrolled Pit Bull Mix that Charged Him

Harmon said Lucky was a pit bull-mix puppy, who escaped from their home around 8:30 p.m.

"She ran out the door and she got as far as the street and he shot her," she said.

A 42-year-old man jogging past Harmon's home told deputies he shot the dog because he felt threatened when the dog charged at him.
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GA: Armed Neighbors Capture 1 of 2 Home Invaders

After the man was hit with a brick by one of the suspects, he wrestled the bat from the other suspect and hit and injured a suspect, according to the sheriff.

Freeman ran but was chased into nearby woods by armed neighbors, who held him until deputies arrived, according to the release.

One suspect hit the victims’ dog with a baseball bat during the incident as the dog tried to protect its owners, the sheriff said.

Freeman is in jail, and Alcantar is in a hospital, the sheriff said. Both teens will be charged with home invasion, armed robbery, burglary, aggravated assault and cruelty to animals.
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TX: Intruder Attacks Family, is Shot, Killed

Olvera says the intruder grabbed the televisions inside the home and flung them at the family before he made a move toward the bedroom where three young children, ages 10, 8 and 5, were sleeping.

That’s when Olvera says her brother-in-law grabbed his gun and fired a warning shot into the air. But the intruder kept attacking the family. So Olvera says her brother-in-law shot the intruder in the chest, twice.

“I was so against having guns at home, but now I’m so thankful that he had one. Because I don’t know what would have happened if they didn’t have it,” said Olvera. “We’re a Christian family. We don’t believe in killing anybody. But we had to do what we had to do to protect our family and protect our little kids.”
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OH: Knifeman stabs, disarms store owner, then shoots him as he flees

"He swung one of the knives and stabbed Will in the lower abdomen in his lower back," Pido explained.

Goodwin grabbed a gun from behind the counter, but the intruder wrestled it away and pistol-whipped the owner on the head.

As Goodwin ran from the store, two shots were fired. One bullet shattered a game of chance machine. The other bullet hit Goodwin's face and then shattered the front door.
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Friday, May 19, 2017

TN: Man Shoots Burglary Suspect who Attacked Him

Seeing the homeowner, the suspect reportedly jumped out of the vehicle and charged at the man.

Authorities said that’s when the homeowner opened fire, striking him. He then immediately called 911.
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AZ: .22 Revolver used to Stop Naked Man

The woman's 86-year-old boyfriend returned with a gun.

Reza allegedly started walking toward them both when the boyfriend fired two to three warning shots into the air. The boyfriend said Reza continued walking toward them so he fired another round, which struck Reza in the face.

Reza was taken to Sunrise Hospital in Las Vegas where he was listed in fair condition.

A .22 caliber revolver was taken and placed in evidence pending the Mohave County Attorney’s Office review.
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SC: Gunfight with Armed Intruder

He jumped up and armed himself with his handgun.

That’s when he noticed a man coming toward his bedroom.

The resident said he shot at the intruder out of fear for his own safety. The intruder returned fire.

The intruder exited the house and the two continued to exchange fire.
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PA: Armed Victim Shoot s Armed Suspect

A 23-year-old man attempting an armed robbery was shot by the victim Tuesday afternoon in the city's Feltonville section, police said.

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Number of Carry Permits tops 15 million in 2017

In July, 2016, the number of concealed carry permits in the United States was over 14.5 million.  The number was growing rapidly during the election year. It is now over 15 million, and likely much higher.  A few states require a permit for both open and concealed carry.

Starting with the numbers from the Crime Prevention Research Center, there have been increases in all states where numbers could be found. The dozen states listed below show actual figures and the increase from the numbers cited in the CPRC study.

Arizona 272,622 to 315,107 as of May 18, 2017, an increase of  42,485.

Florida 1,581,742 to 1,755,580 as of April 30, 2017, an increase of 173,838.

Indiana 728,976, to 799,546 as of March 31, 2017, an increase of 70,570.

Michigan 556,136 to 613,387 as of May 1, 2017, an increase of 57,251.

Massachusetts 360,263 to 412,369 as of Dec, 2016, an increase of  52,106.

Ohio 549,730 to 574,000 as of September 30th an increase of 24,270. It was a record year for Ohio and many states.

Louisiana 154,707 to 173,881 as of 31 December, 2016, an increase of 19,174.

Minnesota 221,712 to 265,728 as of 1 March, 2017, an increase of 44,016.

South Carolina 276,084 to 308,406 as of December 31, 2016, an increase of 32,322.

Tennessee  560,933 to 592,517 as of 1 May, 2017, an increase of 31,584.

Texas 1,052,073 to 1,150,754 as of 31 December, 2016, an increase of 98,681.

Wisconsin 300,000 to 321,200 as of 7 January, 2017, an increase of 21,200.

That is an increase of  624,625 permits for only those dozen states. That puts the number of carry permits over 15 million nationally.

Pennsylvania has over 1.2 million permits, but the current numbers were not found in Internet searches.  The numbers for Ohio are valid through the third quarter of 2016. It is likely that another 50,000 permits were added in the last two quarters in Ohio.

The rate of increase of permits continues to grow as reforms of the permitting process make the acquisition of permits easier. Texas is in the process of reducing permit fees from $140, to $40, for example.  A modest counter current exists in the increase in Constitutional Carry states.

When a state converts to Constitutional carry, there is often a slight decrease in permits, followed by increases.  In Arizona, there had been 156,000 permits issued by 2010. Not all of those permits would have been active. Arizona joined the Constitutional Carry club in 2010, yet today, Arizona has over 315,00 permits, more than double what it had in 2010!

Vermont was the only Constitutional Carry state until 2003, when Alaska passed its modernization bill. Arizona was next, in 2010. Since 2010, ten more states have modernized state law to reflect respect for the exercise of Second Amendment rights.

There are 13 current members of the Constitutional Carry Club. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

With over 15 million carry permits nationwide, and 13 Constitutional Carry states, the movement to restore the exercise of Second Amendment rights continues on the fast track.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Legislature lowers License to Carry Fees, Governor Abbot Likely to Sign

SB 16 Reforms the fee structure of the license to carry in Texas. Texas has one of the highest shall issue license to carry fees in the United States. The current cost is $140 for the original license and renewal is $70.  The reform law reduces the original license to $40, and the renewal to the same $40.  People who are indigent have the initial fee reduced by half, to $20.  The renewal fee for the indigent will be $5. For people 60 years or older, the same $20 for an original and $5 for renewal, applies.

SB 16 passed the House 111 - 30. It passed the Senate 31 - 0. It was sent to Governor Abbot on Monday, 15 May, 2017.  Governor Abbot has been a strong Second Amendment supporter. It is expected that he will sign SB 16.

John Lott's research has confirmed the obvious. The higher the costs to obtain a concealed carry permit, (or in a few states, license to carry)  the lower the percentage of people who obtain the permit or license. From crimeresearch.org:

Each $10 increase in fees reduces the percent of adults with permits by about a half a percentage point.
This bill reduced the fee for a License to Carry in Texas by $100, a substantial amount. According to the research cited above, that should result in a 5% increase in the percentage of adults with LTCs in Texas.  The population estimate for Texas in 2017 is 28.4 million.   73.3% of which are 18 or older.  That is 20.8 million adults.

Texas showed 1,150, 754 active license holders at the end of 2016.  That is between 5% and 6% of adults in Texas. 5% of 20.8 million is another million active license holders.

Other consideration besides price can chill the acquisition of Concealed Handgun Licenses or Concealed Carry permits. Texas requires training by Texas certified instructors, and legible fingerprints.

It is reasonable to project that Texas will pass the 2 million mark for CHLs by 2027.

If Governor Abbot signs HB 16, the statute will go into effect on 1 September, 2017.

The number of people with concealed handgun permits in the United States was estimated at 14.5 million in the middle of 2016. The addition of another million permit holders in Texas will continue the rapid increase in permit holders. Ten states have more than 10% of the adult population with permits. Indiana has over 15% of adults with permits.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

NV: Armed Resident Shoots Neighbor who had Knife

The resident fired one shot, hitting the victim in the chest. He was pronounced dead at the scene.

McGrath said a knife was found and the resident did not have a criminal record.

While detectives still had to fully question the resident, McGrath said, “the preliminary is it’s self defense.” The resident told police he believed the victim was a neighbor, but did not know the man or why he was in his home, McGrath said.
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FL: Man Shoots Dog that Attacked his Cat

Williams defended the shooting, saying the dog got into his yard Friday on Butler Drive, and attacked his cat. "The cat was in the dog's mouth, and I shot the damn thing in the shoulder. I couldn't go for a head shot, because I would have killed the cat."

Williams says he had very little time to even think before pulling the trigger.
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Thursday, May 18, 2017

IN: Man who Threatened to Kill People, Killed by Armed Man

A spokesperson with the Indianapolis Metropolitan Police Department said Keith Banks, 31, was doing burnouts and doughnuts near small children. Many people called the police, but he left before police arrived.

Banks returned, threatening to shoot people because somebody called the police, neighbors said.

Banks started chasing another man and threatening to kill him. The second man pulled his handgun out and shot the man several times, then immediately contacted police.
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OK: Armed Vet Holds Druged Home Invader for Police

“He kicked the front door of the residence and made it all the way it to the hallway to the bedroom,” Weir said.

The homeowner, a military veteran, pulled out a gun and protected his wife and children. He can be heard in his 911 call telling the suspect to get on the ground.

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Followup IL: Two Charged after Carjackin Suspect Shot

Two men, one of whom was shot, have been charged after a carjacking turned violent and the victim opened fire Wednesday morning in the West Elsdon neighborhood on the Southwest Side.

Guillermo Parada, 25, and 22-year-old John Zuniga have both been charged with robbery while armed with a firearm, according to Chicago Police. Parada also faces one count of aggravated unlawful use of a weapon.

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NC: Armed Customer Shoots suspect

SHEVILLE - A customer at an Old Haywood Road convenience store shot a would-be robber Friday night, the owner of the M&J Food Store said.

Police wouldn't comment Sunday or Monday on the owner's version of events but said they found a person near the West Asheville store with a gunshot wound. Officers said they plan to serve arrest warrants on a juvenile who is now in Mission Hospital.

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Wednesday, May 17, 2017

CA: Robber with Fake Gun is Shot

A masked robber with a bogus gun messed with the wrong Fairfield smoke-shop clerk on Sunday — and now he’s in critical condition with a bullet hole in his chest, officials said.
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Tuesday, May 16, 2017

Followup WA: Bushnell Found not Guilty, Will be Reinbursed for Attorney Fees

SPOKANE, Wash. - Edward Bushnell, who shot and killed someone while trying to stop a domestic violence incident, has been acquitted on all charges.

The jury found the defendant was acting as a good Samaritan.

If convicted as charged, Bushnell was looking at a 25 year prison term.

Bushnell says he's happy with the not guilty verdicts but will never be okay with taking someone else's life.

Bushnell hugged his attorney as a series of not guilty verdicts cleared him criminal liability in the fatal shooting of a man in East Central Spokane almost 2 years ago.

Bushnell saw a total stranger getting beaten by her boyfriend and when Bushnell tried to stop the attack, he was clubbed in the face.
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NV: Man Borrows Gun to Shoot Pit Bull Attacking his Dog

A pit bull was shot and killed Saturday when a man walking his dogs, Tom Cope, jumped into action to protect his beloved pets.

"If I didn't intervene, my dog would die," Cope said.

He says he was taking his two dogs, Sergeant and Cotton, for their morning walk when the pit bull approached Sergeant, a German shepherd, in what looked like an attack mode.

"I didn't have time to react right away," Cope said. "He lunged, got my dog, got him on the neck and he didn't let go."

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TX: Armed Woman shoots Suspect, Suspect left Child in Car

It happened in the 6300 block of Aspen Farm just before 2 p.m. Police say the man tried to get into the home through a window, but a woman inside met the alleged intruder and shot him.

The alleged intruder, later identified as 39-year-old James Carney of New Braunfels, died at a hospital. Police said Carney left a 7-year-old in the car during the attempted break-in.

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OR: Man Shoots Dog, Part of Pack Attacking Mare

He said it all started right when he woke up. He said he heard an unfamiliar bark. When he followed the sound, he found three dogs attacking Tressa. He said he yelled at the dogs, but then they started coming for him.

"It's terrible that I had to shoot someone's dog, I mean, I love dogs but they need to not be chasing animals," Carpenter said. "I mean, I'd do the same thing to my dog if he was chasing livestock, I'd shoot him."

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MO: Home invader Shot, killed, Occupant Wounded

Upon arrival, officers learned the shooting was a result of a home invasion. The suspect was shot by an occupant inside the home.

The suspect, only described as a black male, unknown age, was dead at the scene.
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NV: Man Shoots Pit Bull who Attacked Man and Dogs

LAS VEGAS - Just days after a pit bull killed a baby girl in a neighborhood in the northwest part of the valley, another pit bull was killed Friday after allegedly going on the attack.

The neighbor jumped into action, shooting and killing a pit bull that was biting a man and his two dogs. It happened just before 7 a.m. in Centennial Hills near Deer Springs way and Oso Blanca Road.

Witnesses said the man and his neighbors tried everything from pulling and hitting the dog before making the decision to shoot and kill it. They feared that if they didn't subdue the dog, it would go after another person.

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MO: Car Beats Gun, Manager Killed Attempting to detain Suspect

Jason Howland, manager of the Blind Tiger next door, said he saw Cavanaugh chase a man out the back door of the shop who appeared to be stealing about $20 worth of comic books.

Howland said Cavanaugh pulled out a handgun and was hit by the vehicle as the thief drove away.

“There was a lot of blood,” Howland said.
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LA: Elderly Occupant Shoots, Kills, Threatening Suspect

A preliminary investigation indicated the suspect entered the home, would not leave and threatened to harm the elderly occupants of the residence. The OPSO reports, one of the occupants was able to secure a firearm and shot the suspect, who was fatally wounded and pronounced dead at the scene.

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More on Suspect Shooting in FL: 82-Year-Old Shoots Suspect Fleeing from Police

“We heard the gunshots, we came outside, the guy was running across the roof,” said witness Rene Hernandez. “And then the gentleman was saying, ‘He’s here, he’s here.’ And that’s pretty much it after I lost sight of him, after he crossed the street.”

According to detectives, the 82-year-old man was startled by the sound of noise coming from his basement, where he was confronted by the suspect and pushed. Armed, the homeowner fired a single shot, wounding the young man in the buttocks.

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Monday, May 15, 2017

OH: Mistaken Identity: Daughter shot, Wounded

The resident could see a shadowy figure, thinking it was an intruder, he fired a shot at the person.

The person in the kitchen turned out to be his daughter. She was transported to Akron City Hospital for non-life threatening injuries.
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Sunday, May 14, 2017

AZ: Man Shoots Alleged Assailant in Phoenix gas Station Rest Room

According to the Phoenix Police Department, witnesses reported seeing and hearing an altercation between two men in the bathroom of the gas station.

One of the men shot at the other during the altercation, witnesses told police. The shooter cooperated with the officers and alleged that the other man was physically assaulting him, police said.
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GA: Knive Reform law Signed by Governor Deal

Governor Deal of Georgia signed a reform of the states's knife law to go along with the campus carry bill this year. The knife law reform was in HB 292. HB 292 had a number of gun law reforms included in it. Knife Rights supporter Senator Bill Heath was able to include the knife reform as part of the bill.

Before the law was signed, it was illegal to carry any knife with a blade that was more than five inches in length. With this reform, the limit has been increased to 12 inches.  12 inches includes most bowie type knives. From ga.gov:
(2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five 12 inches in length which is fastened to a handle."
Why stop at 12 inches, and not simply eliminate the length restriction altogether? Because it was the increment that could get passed this year at this time. The restriction dated from the first restrictions on concealed weapons in Georgia, that were based on concerns about slavery and dueling.  A specific ban on the concealed carry of bowie knives was passed in 1837.

Knife Rights promoted, pushed and was the principle force behind the legislation. They have been rolling up an impressive string of victories. Year in, year out, they remove knife bans. They pass knife preemption laws that stop local governments from infringing on Second Amendment rights. They are making the right to bear knives the second front in the war to restore the Second Amendment.

 ©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Saturday, May 13, 2017

CA: Owner Protects Dog from Attacking Pit Bulls, Kills one

An Orcutt resident shot and killed one of two pit bulls that were attacking a dog on Thursday, according to the Santa Barbara County Sheriff’s Department.

Deputies responded just after 9 a.m. to a report of a German shepherd being attacked in the backyard of a home on the 1400 block of Rosalie Drive, said sheriff’s spokeswoman Kelly Hoover.

A neighbor tried unsuccessfully to break up the fight using a garden hose, Hoover said.
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Followup VA: No Charges for man who Shot at Vehicle that Hit him

“Did you shoot somebody or did you just fire at him?” the dispatcher asked.

“I shot at him. He tried to run me over.”

The suspect was able to get away. Police are still looking for him.

10 On Your Side has been told the neighbor who fired the gun is not facing any charges.
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IL: Armed Victim Shoots one of two Armed Robbery Suspects

A man with a concealed carry license shot an armed man who tried to stick him up late Wednesday morning on the Southwest Side, Chicago police said.Shortly after 11:30 a.m., the victim was standing outside his vehicle in the 5300 block of South Pulaski Road when two men approached and demanded his car keys, police said.

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Montana Goes Constitutional Carry...for Knives

Montana law treated knives with a blade of more than 4 inches the same as firearms in their concealed carry statute. 

It is legal to carry concealed weapons in most of Montana, without a permit, except inside city limits.  The law only applied to people in incorporated towns and cities.

This year, 2017, Governor Bullock is term limited, and cannot run again. He vetoed the proposed Constitutional Carry bill for the third time.

But Governor Bullock allowed HB 251 to become law.  HB 251 is simple. It removes all weapons from the concealed carry law except firearms.

The votes for the bill were 70-29 in the House and 38 to 11 in the Senate. That is more than enough to override a veto from the Governor.

In Montana, if the governor does not sign or veto a bill, within 10 days after it is delivered to him, it becomes law.

Constitutional Carry for knives became law on April 21, 2017.  It goes into effect on 1 October, 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Armed Citizen Shoots Armed Robber in Buttocks

An armed citizen stops a crime spree.

ST. LOUIS • A man pumping gas Wednesday morning turned the tables on a would-be robber who may be tied to a string of other crimes.

Police say the man was at the Phillips 66 station at 4500 North Broadway about 7 a.m. when a dark-colored car pulled up. A man jumped out of the passenger seat and tried to rob the victim.

But the victim had his own gun and pulled it on the would-be robber, shooting him in the buttocks.
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Followup OH: Woman Found to be Justified in Shooting Boyfriend/EX

A woman wounded a man in shooting in the parking lot outside the Sears at Dayton Mall Monday afternoon.

Here are the latest updates:

  • Jordana L. Esses shot Brenton Boudreau, her on-again/off-again boyfriend, Miami Twp. police said.
  • Esses fired 10 to 15 times during an argument that turned physical. He was hit in the leg, according to police.

  • Police and the county prosecutor’s office agreed the shooting was a case of self-defense

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SC: Off Duty Officer Shoots Pit Bull, Saves Child

The man said he yelled at the dog several times in an attempt to stop the attack. The officer fired five shots after checking that the children were away from the weapon. The dog died at the scene.

The man called 911 and cared for the boy outside his home until EMS arrived. Police said the victim suffered bite marks, bruises and scratches to his side and rib cage. He was transported to an area hospital.

A man who witnessed the shooting told police the officer had no choice but to shoot the animal. Goose Creek Police Maj. John Grainger said the shooting was justified given the circumstances.
More Here

Friday, May 12, 2017

Peruta Likely to be Heard by the Supreme Court

Rumors are flying that the Supreme Court to hear the appeal to the 9th Circuit decision on Peruta v. California.  It makes sense that the Court would agree to hear the appeal now that Justice Gorsuch is on the Court.  From scotusblog.com:
There is only one new relist this week – but oh, what a relist it is. Peruta v. California, 16-894, asks whether the Second Amendment entitles citizens to carry handguns outside the home for self-defense – including concealed carry when carrying firearms openly is forbidden by state law. Under California law, openly carrying a handgun outside the home is generally prohibited, but concealed carry is permissible with a license. Applicants for concealed-carry permits must demonstrate “good cause” to obtain a license, which some county sheriffs (the relevant decision-makers) interpret to include a desire to carry a handgun for self-defense. The San Diego County Sheriff, however, defines “good cause” to require a showing of a particularized need for self-defense.
We should know with certainty, in a few days.

The essence of the Peruta decision is that there is no independent right to keep and bear arms outside of the home. The original appeals decision held that because the open carrying of arms was generally prohibited in California, the County Sheriffs could not arbitrarily refuse to issue concealed carry permits. If they were allowed to do so, the right to carry arms outside the home for self defense would be neutered.

In the en banc decision, the Ninth ruled that there was no right to carry arms concealed outside of the home, and ignored the California ban on the open carry of arms.

It is unknown when the Supreme Court will hear the case. Presumably, it will be this year.

It is easy to speculate why the Court would agreed to hear Peruta now. With rumors of another justice leaving the court this spring, this may be the last chance that leftists on the court will have to emasculate the Heller decision.

Justice Kennedy has been the reliable swing vote on the court. If he is replaced by an originalist and textualist justice, strong support for the Second Amendment is likely.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

LA: Constitutional Carry Bill Killed in Committee

HB 68 (Constitutional Carry), was killed in the House Committee on Criminal Justice in an 8-5 vote. The vote was not recorded, so we do not know who voted which way.  There are 10 Republicans, 8 Democrats, and 1 independent on the committee. That is 19 members. But only 13 members voted. Who were the absent committee members? No one who knows is willing to say. From wafb.com:

The House Committee on Criminal Justice shot down a bill Wednesday that would have eliminated the process for obtaining a concealed carry permit.

Representative Barry Ivey was joined by many gun rights advocates who support his bill. They say the long and costly process for obtaining a concealed carry permit violates their second amendment right.

It was not a roll call vote. That implies that the committee chair, Sherman Q. Mack (R) Dist. 95, or the Vice Chair Steve E. Pylant (R) Dist. 20, did not want a roll call vote. A commenter at legiscan.com states that this has happened several times in the past. From the comments at legiscan.com:

This bill has been shot down multuple times in the past years by the House Administration of Criminal Justice. It is time to let the poeple you represent vote on whats right for them and let this bill pass on to a vote of the people. Instead we have politicians who think they know whats best for you or police who dont want to deal with any hassle. Guess what, criminals are going to conceal anyway so this only affects law abiding citizens and the state because they count on this money. The only help we need on this one is to let us vote. There are alot of good people in this state that cant afford to take time off work ( not open on weekends)not to mention the $500.00 fee to get a lifetime concealed permit.
 As with many Second Amendment related reforms, there is often one or two personalities that act as roadblocks to stop them. It is the way the system works, but it also indicates that the legislative leadership is in agreement with the results. If they were not, a way around those personalities would be found. The bill could be given to another committee, for example.

While Louisiana has one of the strongest state constitutional protections for the right to bear arms, it appears that the legislature will be of little aid in restoring that right. The amendment was passed in December of 2012. From the Constitution on the State of Louisiana:

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.
 It is hard to see how permit fees and the requirement for classes to exercise a fundamental Constitutional could pass strict scrutiny. It has not come to my attention that a court in Louisiana has ruled on the requirement for either.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

.223 Used to Rescue Relatives Next Door, two Invaders Shot, 1 Killed

On 9 May, 2017, a Houston family underwent a home invasion nightmare. Sometime in the early morning hours, twin 19 year old brothers woke to their parents screaming while being beat and held hostage by four armed home invaders. The stories do not say exactly what the four invaders were armed with. At least one had a pistol, because the father and the twins were "pistol whipped". The mother and 10 year old sister were held hostage.  The robbers demanded jewelry and money. From khou.com:
HOUSTON – A man came to the rescue when his relatives next door were tied up and assaulted during a home invasion in northeast Houston overnight.

Houston Police Department officers responded around 4 a.m. Tuesday to a call of a burglary in progress at a home in the 3700 block of Crandon Street.

“They had my little sister at gunpoint, so we couldn’t do anything,” said 19-year old Rene Garcia.

He and his twin brother tried to lock themselves inside their bedroom when they heard their mom and dad screaming and struggling. At least one gunman threatened to shoot a family member if Rene and his brother didn’t open their bedroom door, Garcia said.
The uncle, who lives next door, heard the screaming and came to the rescue. Some accounts say that the Uncle came across an invader beating a family member in the back yard; another says that the Uncle broke into the house and shot the invaders. The presence of three .223 steel casings in the driveway indicates shots were fired before the Uncle entered the house, if he did.

We do not have information about what model of gun the Uncle used. The pictures of the casings are indicative it was a .223 semi-auto.

Until more details are revealed, it will not be clear that a .223 semi-auto was used to rescue his family from the home invaders.

One of the reasons that instances of defensive uses of semi-auto rifles are not documented more often is that reporters are ignorant of firearm models and calibers.

Numerous reporters were on the scene. They took excellent photographs of the shell casings.

Several stories have been published about the incident. Not one mentions the caliber of casings seen in the pictures.

Crime Scene Markers of Shell Casings in the Driveway
It matters because those who want a disarmed population claim that .223 semi-auto rifles are never used for defensive purposes, or are not suitable to be used for those purposes. It is likely that the firearm associated with the casings shown above would be banned by the Maryland law at issue in the 4th Circuit Kolbe v. Hogan decision.  From reason.com:
In Kolbe, the 10-judge majority concludes that the guns and magazines covered by Maryland's ban are "dangerous and unusual" because they are "exceptionally lethal weapons of war" that are not appropriate for civilian use: "We are convinced that the banned assault weapons and large-capacity magazines are among those arms that are 'like' 'M-16 rifles'—'weapons that are most useful in military service'—which the Heller Court singled out as being beyond the Second Amendment's reach."
Heller did nothing of the sort. But that did not stop the 4th Circuit from concocting the lie.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

TX: Uncle to the Rescue, Shoots two, 1 Dead, 1 wounded

Investigators said four male suspects tied up the family inside the home using their shoelaces. Rene Garcia and his father were pistol-whipped to the point they were rushed to the hospital and given stitches to the backs of their heads.

“They took all our jewelry and all the cash our dad has,” said Garcia.

Garcia’s uncle heard the commotion. He grabbed a gun and confronted the suspect who was beating one family member in the backyard. The uncle shot and wounded that suspect.

When the other three tried to jump a fence, one of them turned toward the uncle with a pistol so he shot him, police said. That suspect died at the scene.
More Here

Thursday, May 11, 2017

Michigan Bill Introduced to keep licensing, Eliminate Pistol Registration

A reform of Michigan handgun registration law has been introduced in the Michigan legislature. Michigan handgun registration was originally passed in 1927, 90 years ago.

Michigan law may have been used as an example for the National Firearms Act of 1934. After Michigan law required a license to obtain a pistol in 1927, another statute  was added to make it illegal to possess a short barreled rifle or shotgun in 1931.

The National Firearms Act bill originally required licensing and registration of all pistols, as well of all short barreled rifles and shotguns in 1934. Pistols were stripped from the bill by Congress, leaving the curious regulation of short barreled rifles and shotguns.  Such oddities and orphans in the law are far too common.

Michigan removed their state ban on short barreled rifles and shotguns, in deference to the Federal regulation, in 2014.  The bill proposes more reforms by making the pistol registration system from 1927 voluntary.

From mlive.com:
Under current law, a person cannot purchase, carry, possess, or transport a pistol in Michigan without first having obtained a license for it. The person then turns the license back in to authorities, officially registering the pistol.

Chatfield's house bill 4554 would make that last step optional, and eliminate the $250 fine for not registering. It would also allow people who have already registered to request the Michigan State Police remove their information from the registry.

"There is no need for state government to maintain an exhaustive list of law-abiding citizens who legally purchase pistols," Chatfield said in a press release.

He said Michigan was one of only six states to require registration right now, and it did little to fight crime.
Registration of guns has been shown to be a very poor method of reducing crime. It enhances the belief that the purpose of the registration system is to enable confiscation at a later date.  The Canadian pistol registration system was never important in solving a single homicide in 75 years of use.  The Michigan system has had the same result over the last 90 years.

 The bill to reform the law, HB 4554, keeps the requirement for licensing for obtaining pistols, but eliminates the requirement to register the pistol. Line outs and additions have been edited for clarity. From the bill:
The purchaser may return 1 copy of the license to the licensing authority. The purchaser may return the copy to the licensing authority in person by first-class mail or certified mail to the proper address of the licensing authority.
The change is an incremental step to only eliminate the registration system. A similar bill failed to pass  the legislature in 2016.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

CA: Gunfight at Market, Robber and Store Owner Killed

About 8 p.m. Sunday, he had come from the back of Martinez Market at 6565 S. Normandie Ave. to help a female employee who had been confronted by two masked men who ordered her to empty the cash register, according to police and reports from the scene.

Martinez exchanged gunfire with the suspects and was struck multiple times and killed, authorities said.

The robbers fled and one of them later died at a hospital, according to the LAPD.
More Here

TX: Man Shoots Pit Bull that Attacked his Dog

A pit bull was shot and killed by a Waco man Monday after the dog escaped a fenced-in yard and attacked the man's dog as he walked in a North Waco neighborhood, Waco police Sgt. W. Patrick Swanton said.
More Here

Followup GA: Dead Armed Robber Identified

The police chief said Derrick Lashawn Johnson, 26, came into T-Bird’s Liquor Store on State Street around 11 p.m. Saturday night. A store employee wrestled with Johnson, and that is when another worker grabbed a store gun and shot and killed Johnson.

More Here

SC: Homeowner Shoots at Fleeing Home Invader

NCPD officials said the victim was sitting on his couch when he heard his rear glass siding door shatter but when he went to look, he didn't see anyone.

According to an incident report, the victim ran upstairs and grabbed his rifle. He said he waited at the top of the stairs, heard footsteps on the broken glass, and ran towards the sound. He told police he saw two men running away and jumping over his back fence. He said that he saw one of the men turn around and reach towards his waistband to he fired a shot towards the man but missed.
More Here

NC: Armed Resident Shoots Man attempting Break-in

A man says he shot a man who tried to come inside his residence at the Misty Woods Apartments on Central Avenue in east Charlotte.

Police said when they got to the apartment complex, a resident told them a man he knows had forced his way into the apartment.

The resident said he then shot the man.

After being wounded, the man went outside to the parking lot, got into a vehicle and went to the hospital, police said.
More Here

Wednesday, May 10, 2017

OH: Cleveland Attempts to Steal Another Gun

On March 24 in 2015, in Cleveland, Brian Bridges shot a man in self defense. He had a concealed carry permit from Ohio, and was never charged with a crime.  But the accomplice of the man who was shot was charged.  From clevescene.com:
That trial wasn't to be— the defendant pleaded guilty to involuntary manslaughter in October 2015. But now, in 2017, Bridges still hasn't gotten his handgun and other items back, the complaint alleges.
From courthousenews.com
Bridges claims Cleveland police unlawfully seized his property, “including a Glock 21 semiautomatic handgun, ammunition, holsters and a redcherry piccolo,” to be used as evidence in Akins-Daniels’ case.

Despite the fact that the criminal proceedings against Akins-Daniels are over, police have not returned Bridges’ guns, he says.

Bridges noted in his complaint that he is a professional security guard and has a license to carry a concealed handgun.

He sued for replevin and violation of the Second and Fourth Amendments to the U.S. Constitution.

Bridges seeks $20,000 in compensatory damages and $50,000 in punitive damages. He also wants an injunction to stop the city from “enforcing any policy and/or actions that infringe upon a lawful gun owner’s right to keep and bear arms.”
n. under Common Law, the right to bring a lawsuit for recovery of goods improperly taken by another. In almost all states the term replevin in no longer used, since the states have adopted "one cause of action" for all civil wrongs.
 This isn't the first time Cleveland has been sued for keeping a firearm without justification. In effect, this is legalized theft. It usually costs more in legal fees to obtain a court order to have the property returned than the gun is worth. It is a common problem in urban areas.

In February of 2013, Cleveland searched the car of Derrick J. Washington, a witness who reported a shooting that he heard. The police wrongly stated that there was a warrant for Washington's arrest. He showed them his concealed carry permit and told them his gun was in a locked container in his car.
They searched his car and found the pistol in the locked box. The police had confiscated Washington's pistol and concealed carry permit. They then arrested Washington.

Derrick J. Washington spent three nights in jail while they discovered the error. The city prosecutor refused to charge Washington. Washington repeatedly asked for his pistol back. The city refused. Washington sued in federal court. The city settled with Washington and returned his pistol in November of 2013. He also received $1,000 for his trouble, $5,500 in attorney fees, and $250 in court costs.

In the current case, Brian Bridges' attorney Michael J. Connick is suing in the  Cuyahoga County Court of Common Pleas, which is where Derrick J. Washington started his lawsuit. At least Bridges was not arrested and forced to spend three days in jail.

I suspect the lawsuits will have the same result, but courts can be chancy. The city may not  decide to settle, or they may settle before the case reaches the federal court.

We should find out in the next few months.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Deer love to eat live baby birds

This destroys the entire false "Bambi" mythology. Nature is red in tooth and claw.

These supposed herbivores placidly ate living nestlings right out of the nest. And if you’re thinking that it must be a mistake, that the deer were chewing their way through some vegetation and happened to get a mouthful of bird, think again. Up in Canada, a group of ornithologists were studying adult birds. In order to examine them closely, the researchers used “mist-nets.” These nets, usually draped between trees, are designed to trap birds or bats gently so they can be collected, studied, and released. When a herd of deer came by, they deer walked up to the struggling birds and ate them alive, right out of the nets.
More Here

NC: Woman Kills Career Criminal who was Selling Stolen Guns

Marion Yarborough had a very long criminal record.

North Carolina detectives say an effort to sell stolen guns left one of the dealers dead after a woman came out of hiding with her gun blazing.

Multiple media organizations reported Sunday that 51-year-old Marion Yarborough was found dead in the front yard of a Lincolnton home on Saturday afternoon. Lincoln County Sheriff's deputies say no charges have been filed and are calling it self-defense.
More Here

TN: Clerk Kills Robbery Suspect in Liquor Store

MEMPHIS, Tenn. -- A liquor store employee shot and killed a man who attempted to rob the store.

It happened around 11 p.m. Saturday at the store located at 6153 Macon Road.

The employee said the man came into the store and attempted to rob him, so he fired.
More Here

NV: Man Stops Robbery Attempt Outside of Casino/Hotel

A man was meeting with a prospective buyer about 10 p.m. in the parking lot of the casino-hotel, 4111 Boulder Highway, but decided to call off the transaction when several other people showed up, Metropolitan Police Department spokeswoman Laura Meltzer said.

When one of the parties pointed a gun and attempted to rob him, the ring seller told police he pulled out his own gun and fired a shot in self-defense. The robber and several other people fled, but no one was injured, Meltzer said.
More Here

Tuesday, May 09, 2017

IDF Pushes to Stop Illegal Gun Manufacture on West Bank

Carlo Style Submachine gun found after attack on Israeli Car in January, 2017
In many places around the world, where firearms are very difficult to obtain legally, small shops manufacture simple submachine guns for the black market.

They are common in Brazil, Israel, the Philippines, and increasingly in AustraliaCanada, and even the United States, where submachine guns are highly regulated. In Israel, the Israeli Defense Forces have turned their attention from the private owners of black market guns to the small shops that produce them. The crackdown started in 2016. From timesofisrael.com:
Save for members of the Palestinian security services, it is illegal for Palestinians to own guns of any kind. In its crackdown, the army has focused on the sources of weapons — manufacturing workshops and gun dealers, instead of individual owners.

To that end, in the first quarter of 2017 the army shuttered 20 suspected gun-making workshops and seized about 150 guns, putting it on track to far surpass its numbers from last year. In 2016, the army closed 44 workshops and confiscated approximately 450 weapons.

“In 2015, we didn’t close a single workshop and we seized 170 weapons that entire year,” the officer said.

Not much equipment is needed to make simple submachine guns. It can be done with a hacksaw and files. A decent machine shop, such as the one shown above (Image from 4 August, 2016, idfblog.com) makes the manufacture much easier. A small welder helps quite a bit.

Most of the magazines used for Carlo submachine guns appear to be either UZI magazines or converted AR15/M16 magazines. The case heads of the 9X19 and the 5.56 X 45 rounds are fairly close. A 9 X 19 case base is .394 inches in diameter, the 5.56 X 45 base is .378 inches.

I expect 3D printed magazines to appear shortly. Their lifespan of a few hundred rounds would be sufficient for black market use; their functionality has already been demonstrated.

Prices for low end Carlo small shop manufactured submachine guns have reportedly risen from about $415 to $1,900 in the last year. In the West Bank economy, that is two weeks to two months wages, on average. The low end guns are notoriously inaccurate and unreliable. The barrels are generally smooth-bore, so the bullets tumble almost immediately. The effective range is likely about 10 meters.  The Times reports that this is not much of a detriment. From timesofisrael.com:
For most owners of Carlos, this is not much of an issue. The gun is not meant to be used for hunting, where its inaccuracy would be a significant problem or in operational situations where a malfunction could be catastrophic. These kinds of guns are instead used for things like home protection, petty crime and celebratory gunfire at weddings.

The problem is when these guns end up in the hands of those who want to carry out terror attacks, as they increasingly have in the past two years, the officer said.
Apparently, illegal guns are quite common among Israeli Arabs. From jpost.com:
According to 2015 police figures, 59 percent of murders in the country take place in the Arab sector even though Arab-Israelis only make up 21% of the population. While the country’s Arab sector has long been saturated with illegal firearms, the issue of unlicensed guns reached a new level of national attention when Nashat Milhem went on a shooting spree in central Tel Aviv last January.
Two sources quoting that black market submachine guns are common in the Israeli Arab sector, where they generally are not much of a problem.

Guns are a very simple technology that has been around for hundreds of years.

It is impossible to stop their manufacture when metals are readily available.

Ammunition is a separate problem, but it can be overcome. Criminals and terrorists do not need a large amount. The cartridge box in the top picture appears to be from the Israeli Defense Forces. Perhaps a reader can make a positive identification.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

Monday, May 08, 2017

KS: Gun-Phobic Professor Leaves a University Because of Campus Carry

An associate professor of history and American studies has taken a job at a university in a state that bans concealed carry in its classrooms.

Jacob S. Dorman has taken the occasion  to let us know that restoring the exercise of Second Amendment rights at public institutions is the reason that he has left Kansas University.

From Jacob S. Dorman's open letter:
In light of the state of Kansas’ apparent determination to allow the concealed carry of firearms in the classrooms of the University of Kansas, I am writing to tender my resignation effective two weeks from today as an associate professor of history and American studies at the university. I have accepted a job in a state that bans concealed carry in classrooms.
 But Kansas will never secure the future that it deserves if it weakens its institutions of higher learning by driving off faculty members or applicants who feel as I do that there is no place for firearms in classrooms. Kansas can have great universities, or it can have concealed carry in classrooms, but it cannot have both.
Recruiting the best trained professors necessarily means recruiting from coastal areas and progressive college towns where most people do not believe that randomly arming untrained students is a proper exercise of the Second Amendment’s protection of a well-regulated militia.
Professor Dorman has an opinion that guns do not belong in classrooms. It is a strongly held opinion, backed up by research provided by anti-Second Amendment groups such as the Trace, and in the anti-self defense medical journals. There are considerable numbers of research articles on the other side and in criminological journals, that reach the opposite conclusions.

It is fairly easy to find critiques of the research from both sides. I find the side that provides support for the utility of an armed population more convincing. But I am not Professor Dorman.

What I find particularly bizarre is the idea that Kansas will not be able to recruit able professors who are not afraid of an armed population. All of the evidence is exactly the opposite. College campuses are crammed with ideological leftists, exactly in the areas where Professor Dorman taught. In History, liberals outnumber conservatives in academia by 33.5 to 1.

Why are History departments are crammed with leftist intellectuals? It is, in part, because the departments have created courses that are intrinsically leftist. Courses on the histories of gender, race, and class have leftist assumptions built into their definitions.

There are multitudes of History majors with these assumptions clamoring for work in academia. You will not find many conservative historians in academia.  They have been defined out of the picture.

Maybe, just maybe, allowing a little bit of freedom on campus, a slice of actually doing more than paying lip service to the Second Amendment, will increase the possibility of selecting someone other than a doctrinaire leftist as a History professor.  Maybe a tiny bit of intellectual diversity in History will be allowed on the KU campus.

Perhaps we will see a course on slavery. A course which demonstrates how Christianity and Western Civilization expended vast sums of treasure and blood to eradicate the practice. That was a project no other civilization in history attempted.

The replacement of an ideological leftist with someone who may not be is, at least, a theoretical possibility.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

MS: Gun Beats Stick

How big was the "stick"? Quarterstaff sized? Toothpick? It was likely a club.

The homeowner told deputies that he repeatedly told a man not to come onto his property. He confronted the man, who he said had a stick in his hand, Bailey said. The man came toward the homeowner, who was armed with a shotgun. The homeowner shot the man in the leg, Bailey said.
More Here

WV: Clerk's Real Gun Beats Threat of Gun

The clerk told police that Lodge, who was wearing a black hoodie, jeans with sequins, and earrings, covered his face and said, "Don't make me pull my piece."

The clerk then pulled a firearm, police said, and Lodge ran toward Kroger without taking anything from the hotel.
More Here

TX: Homeowner Accesses Gun, Defends Self, Family

Investigators said three men forced their way into the man's home, where his wife and two young children, ages 5 and 6, were inside.

The homeowner was pistol-whipped and his family was forced to lie down on the floor.

The men were looking to rob the victim, but police said at some point the homeowner was able to get his own gun out to defend his family.

More Here

Sunday, May 07, 2017

GA: Governor Deal Signs Campus Carry 4 May, 2017

Georgia Governor Nathan Deal signed the Georgia Campus Carry legislation, HB 280, on Thursday this week, May 4th, 2017. May 4th was the last day that Governor Deal had to sign or veto the bill. The NRA Annual Meeting was in Atlanta this year. Perhaps the stellar performance of NRA Meeting attendees helped Governor Deal in his decision. Crime tends to drop when 80,000 NRA members show up in town. The meeting was widely publicized.

 From the office of Governor Deal at Georgia.gov:
Gov. Nathan Deal today signed HB 280, which permits weapons carry license holders to carry firearms in specific and limited areas on college campuses.

This legislation addressed major concerns voiced by the governor last year regarding HB 859, which permitted a weapons carry license holder to carry a concealed weapon into certain areas of a college campus that had previously been prohibited. HB 859 failed, however, to address Deal’s concerns regarding the prohibition of firearms in “sensitive places,” including campus preschools, disciplinary hearings, or faculty and administrative offices. As a result, the legislation was vetoed.

This year, the General Assembly overwhelmingly passed HB 280, which maintains the same restrictions present in HB 859. It also addresses the areas of campus over which Deal previously raised concerns, along with additional areas of college campuses where weapons would not be permitted.

“It is altogether appropriate that weapons not be allowed in sensitive areas on college campuses, and I appreciate the thoughtful consideration given by the General Assembly in expanding these excluded areas within a college campus in this year’s bill,” said Deal. “While HB 280 addresses the rights and restrictions relating to weapons carry license holders on a college campus, it in effect may have greater significance for students who are going to or coming from a campus. Unfortunately, in parts of the state, the path to higher education travels through dangerous territory.

“At the present time, assailants can, and do, target these students knowing full well that their victims are not permitted to carry protection, even those who are weapons carry license holders, because they are either going to or coming from a campus where no weapons are allowed. In recent years, we’ve witnessed college students fall victim to violent attacks in or while traveling to libraries and academic buildings, and while traveling to and from their homes to class.

“As this legislation is more narrowly tailored as to exclude areas on a college campus, I’ve signed HB 280.”

The signing statement is available under "Related Files" below.

HB 280 prohibits the carrying of a concealed weapon by anyone, including weapons carry license holders, on the following areas of a college campus:
  • Buildings or property used for athletic sporting events; 
  • Student housing, including but not limited to dormitories, fraternity and sorority houses; 
  • Any preschool or childcare space; 
  • Any room or space being used for classes related to a college and career academy or other specialized school; 
  • Any room or space used for classes in which high school students are enrolled through a dual enrollment program, including, but not limited to, classes related to the “Move on When Ready Act”; 
  • Any faculty, staff, or administrative offices; and, 
  • Rooms where disciplinary proceedings are conducted.
 There is controversy over whether the interpretation by the Governor that "Any faculty, staff, or administrative offices" are prohibited places for a concealed carry permit holder to carry.

In the actual bill, the prohibition states, from HB280 as passed:
(v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary proceedings are conducted;
 The lack of a comma between "administrative offices" and "or rooms where disciplinary proceedings are conducted;" indicates that administrative offices that are not used to conduct disciplinary proceedings are not prohibited places. It is hard to know if the lack of a comma will have any practical effect. Very few concealed carry holders are likely to be arrested for carrying in an administrative office that is not a place where disciplinary proceedings are conducted.

There are some positive things for permit holders in the bill.

The punishment for a first offense is a fine of $25, with no term of confinement. Second or later offenses would be misdemeanors.  Permit holders are required to keep the handgun concealed, but the definition of concealed is not extreme.  From the bill:
(i) 'Concealed' means carried in such a fashion that does not actively solicit the attention of others and is not prominently, openly, and intentionally displayed except for purposes of defense of self or others. Such term shall include, but not be limited to, carrying on one's person while such handgun is substantially, but not necessarily completely, covered by an article of clothing which is worn by such person, carrying within a bag of a nondescript nature which is being carried about by such person, or carrying in any other fashion as to not be clearly discernible by the passive observation of others.
 Georgia has entered the ranks of a Campus Carry state. The bill goes into effect on 1 July, 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.

Saturday, May 06, 2017

FL: Gunfight with Home Invaders, One Invader Wounded

A resident shot an armed intruder early Thursday at an apartment complex, the Orlando Police Department said.

A group of armed intruders barged into an apartment on Devonbriar Way shortly before 3 a.m. at the Regency Gardens apartments near South Semoran Boulevard and Pershing Avenue, Orlando police Lt. Daniel Brady said.

"Shots were fired between the suspects and the victims," Brady said. "One of the suspects was critically wounded and none of the victims were injured."

The wounded intruder, whose identity wasn't released, was taken to Orlando Regional Medical Center.

More Here

NC: Intruder Wounded as he Attempted Break-in

A man has a non-life threatening gunshot wound when he allegedly broke into a apartment in Boone Wednesday night.

According to the Boone Police Department, the home invasion occurred around 9:37 p.m. at an apartment on Green Street.

Police said the resident shot the intruder when the man forced entry into the apartment. The alleged burglar was transported to Watauga Medical Center and was later released, Boone Police said.
More Here

Follow up IN: No Charges for Woman who Shot Man Attacking Officer

(Ohio County, Ind.) – No charges will be filed against a woman who fatally shot a man attacking an Indiana Conservation Officer, the Dearborn-Ohio County Prosecutors Office announced Wednesday.

“After reviewing the applicable Indiana Code and the completed investigation from the Indiana State Police, along with consulting with the Indiana State Police Detectives involved, it is my decision not to pursue any criminal proceedings against the female who acted in defense of a third person, Conservation Officer (Chris) Powell,” said prosecutor Lynn Deddens in a news release.

The shooting – which made many headlines – transpired on February 20 on State Road 56 in Ohio County. Just after noon that day, a resident called 911 to report “a very disheveled” young male in a pickup truck parked partially in the caller’s driveway and in a lane on the highway.

More Here

MS: Man Shoots Intruder Attempting Break-in

An Ocean Springs resident was “defending his family” when he shot a man who was rattling a door knob and kicking and banging on the resident’s door, police Capt. William Jackson said Tuesday.

Evidence in the case will be presented to a Jackson County grand jury to determine if any criminal charges will be filed.

Read more here: http://www.sunherald.com/news/local/crime/article148088789.html#storylink=cpy

More Here

FL: Armed Homeowner Shoots Intruder, Struggles with Intruder's Father, is Stabbed

The man opened his door and saw two men outside the fence. The younger man, the 47-year-old White, entered the home, despite the resident’s orders to stay outside.

The resident shot White in the abdomen. White screamed for his “daddy,” records state.

“Daddy, he shot me,” White reportedly yelled.

His father came running. The older White and the resident struggled over the gun, the resident said, and eventually the resident threw down the firearm.

The resident felt a pain in his back. He then realized he was being stabbed, the police report said.
More Here

Followup WI: Jeremy Wilson Acquitted of all Charges in Osceola Shooting Case

Struggle for gun case, person shot was drunk and attempted disarm.

Defense attorney Mark Biller described the story of events leading up to the gunshot as an old one, the story of “the triangle: a fair damsel, jealous boyfriend and the person he views as his competition,” casting Wilson as the last of those three.

Biller argued that the shot was fired during a struggle over a semi-automatic rifle Wilson had brought with him to pick up a female friend — the “damsel” — who was fighting with her boyfriend, and that the force was necessary to defend his life.

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TX: Domestic Defense, Uncle Shoots Nephew in Leg

A 63-year-old man shot his nephew in the leg Tuesday after they got into a fight at a home in the 900 block of Monterrey Drive, police said.

Denton police spokesman Shane Kizer said police responded to the disturbance at about 6 p.m. Tuesday. He said an argument between the 32-year-old nephew and his uncle turned physical. After the nephew hit his uncle in the head several times, the uncle grabbed a pistol and shot him in the right leg, Kizer said.
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Followup MN: Plea Bargain in Shooting of Fleeing Home Invader

Sixty-five-year-old David Pettersen, who lives near the town of Madelia, shot Nicolas Embertson on Jan. 28 as the 19-year-old from Madelia and two of his friends drove off after a failed home invasion.

Pettersen was charged with manslaughter but pleaded guilty in Watonwan County District Court this week to a lesser charge of discharging a firearm.

His attorney, Jim Fleming, told the Star Tribune (http://strib.mn/2pErpM7 ) Thursday it was self-defense and they wanted to avoid the risk of a trial.
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TX: Armed Citizen Stops Murder Spree in Restaurant/Bar

A concealed carry holder is being heralded as a hero by Arlington police for preventing mass murder by killing an "incoherent" gunman at a sports bar Wednesday evening.

Before he was shot about 6:15 p.m., the gunman killed the manager of Zona Caliente in the 6500 block of South Cooper Street, police spokesman Christopher Cook said.

Police later identified the gunman as 48-year-old James Jones of Grand Prairie and the victim as 37-year-old Cesar Perez of Duncanville. The man who killed Jones has not been identified.
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Friday, May 05, 2017

SC: Reform of Carry Reciprocity on the Move in South Carolina

The South Carolina House of Representatives has passed a bill to reform the State's restrictive reciprocity law. The vote occurred on 4 May, 2017.  Currently, South Carolina only recognizes carry permits from 19 states, and "enhanced" permits from four more. This bill would recognize permits from up to 16 more states would be recognized by South Carolina. It seems likely that the regular permits from the four states whose enhanced permits will be recognized, if the permit holders are 21 years old or older. From postandcourier.com:
COLUMBIA — House members voted Wednesday to recognize the concealed weapons permits of most adults from states that recognize permits from South Carolina.

As initially proposed, the bill would have allowed anyone who possessed a concealed weapons permit from any state to carry legally in South Carolina. But 10 states do not recognize weapons permits of any state other than their own.
From the bill H. 3240:

“(N)(1) Valid out‑of‑state permits to carry concealable weapons held by a resident of a reciprocal state, or a state that recognizes and honors a valid South Carolina permit, who is twenty‑one years old or older must be honored by this State,
The vote in the House was 85-23. There are 79 Republicans and 44 Democrats in the South Carolina House of Representatives. There are 27 Republicans and 18 Democrats in the Senate.

It appears that Governor Henry McMaster will sign the bill. He said that he would sign the Constitutional Carry bill, if it passed the legislature. This bill is smaller, incremental step, with restores a bit more of the ability to exercise Second Amendment rights.
The bill may be a "consolation prize" for the failure of the  legislature to pass Constitutional Carry in South Carolina this year.  Constitutional Carry could still pass, but the prospects are diminishing day by day.  The South Carolina legislature is expected to adjourn on 1 June, 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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