Wednesday, December 12, 2018

Third Circuit: Second Amendment is a Second Rate Right



In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights.  The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.  Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade.  The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it.  These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right. 

Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump.  At only 49 years old, he is already the 15th most cited jurist by the Supreme Court. His resume is impressive. It is easy to see why President Trump chose to appoint him. His dissent runs to 19 pages. The first four paragraphs eviscerates the majority decision. From uscourts.gov:
     The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy. 554 U.S. at 634-35.
     Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here. 

     Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller. It suggests that this record favors the government, but make no mistake—that is not what the District Court found. The majority repeatedly relies on evidence that the District Court did not rely on and expert testimony that the District Court said was “of little help.” 2018 WL 4688345, at *8. It effectively flips the burden of proof onto the challengers, treating both contested evidence and the lack of evidence as conclusively favoring the government. 

     Whether strict or intermediate scrutiny applies, we should require real evidence that the law furthers the government’s aim and is tailored to that aim. But at key points, the majority substitutes anecdotes and armchair reasoning for the concrete proof that we demand for heightened scrutiny anywhere else. New Jersey has introduced no expert study of how similar magazine restrictions have worked elsewhere. Nor did the District Court identify any other evidence, as opposed to armchair reasoning, that illuminated how this law will reduce the harm from mass shootings. Id. at *12-13. So New Jersey cannot win unless the burden of proof lies with the challengers. It does not.
If the Supreme Court grants a writ of certiorari (the legal term for agreeing to hear a case before the Supreme Court), Judge Bibas' reasoning is rock solid.

For those who do not follow these cases closely, here is a short explanation of the different levels of scrutiny.

Strict Scrutiny - The highest level of protection, reserved for fundamental Constitutional rights.  To pass this level of legal examination, a law, regulation, or other restriction of a Constitutional right must be required by a compelling state interest, and the restriction must be narrowly tailored to achieve that result. The burden of proof is on the government.

For example: There is a general prohibition on shouting "Fire" in a crowded theater, when there is no fire. This is a restriction on the First Amendment right of freedom of speech. The prohibition serves a compelling state interest of public safety. The restriction is narrowly tailored to ban shouting false information that causes severe, direct, physical, harm to others.

A corollary for the Second Amendment would be a general prohibition on firing a gun in a crowded theater when there is no reasonable, deadly threat.

Intermediate Scrutiny- The middle level of protection of less than fundamental rights. The law or regulation must serve an important government objective, and be substantially related to achieving that objective. The burden of proof rests with the government. This level is fairly new, only existing since 1976.

Rational Basis - The lowest level of protection. Generally not applied to rights. It essentially is no protection at all. The party challenging the law or rule has the burden of proof. They have to show the government has *no* legitimate interest in the law, rule, or policy. They have to show there is *no* conceivable rational basis for the law, even if the government never stated one. Laws, rules, or policies are almost never struck down on this basis.

Judge Bibas shows the two majority judges collapsed the level of scrutiny from strict scrutiny to rational basis, while calling it "intermediate scrutiny".

Second Amendment supporters know the Third Circuit ignored the rule of law and applied their own, cherished, leftist, Progressive, biases to gut Second Amendment protections in this case.

Judge Bibas, in his masterful dissent, shows how they did it.

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

Gun Watch





IN: Husband Wounded, Robbers Ran from Armed Wife



At around 9 p.m., authorities were dispatched to the 3700 block of Graceland on the report of an attempted robbery.

Police say a man was coming back from running errands when two masked men shot and pistol whipped him. His wife reportedly fired a shot to scare the men off.
More Here

MI: Lesbian Lovers Domestic Defense, Three shot


Federspiel said one of the victims was previously involved with the suspect, but has moved on to a new relationship. The suspect was not ready to move on, Federspiel said.

The two victims are both women in their mid-to-late-40s and lived together in the home. They both knew the suspect.

"This is a pretty traumatic situation to be shot in your own home," Federspiel said.

(snip)

The suspect, 56-year-old Sherry Mandel, surrendered peacefully to the police after a short standoff.

"She did come out on her own free will. She was injured as well, but she was taken into custody without incident thankfully," Federspiel said.
More Here

Followup FL: Machete Man Shot outside Coral Springs Pool Hall IDed

People behave differently when they are drinking. A good friend of mine was stabbed in the chest. His lung was punctured. I asked him, what happened. He said the homeless man he was befriending was a very nice guy... when he was sober. That "nice guy" stabbed him when the nice guy was drinking. It seems the machete man was a "nice guy" most of the time.

It’s unclear if Rajendranauth Latchman was the aggressor or victim, or perhaps both, when he was gunned down in a Coral Springs pool hall parking lot early Sunday.

Police say he charged at people with a machete after he was asked to leave Premier Billiards & Sports Club at the corner of Wiles Road and University Drive.

But the 49-year-old machinist’s family said “that doesn’t sound like him at all.”

Latchman had gone to the billiard hall where he’s a regular with his brother, Larry Lachtman.
More Here

Followup FL: State Attorney's Office: No Charges for Robert Westlake in Fatal Shooting of Jason Boek




On Tuesday, the State Attorney's Office ruled Robert Westlake was justified in shooting Jason Boek.

Investigators said 34 year-old Jason Boek was outside the New Grove Lounge on Highway 27 in Dundee Aug. 29 stalking his girlfriend who was inside the bar.
More Here

Followup NM: Fatal Shootings of Thomas Elder and Clayton Jenkins were Justified



ALBUQUERQUE, N.M. (KRQE) - The Albuquerque Police Department says two cases where homeowners shot and killed intruders have been ruled justified shootings.

In the first case, police say 30-year-old Thomas Elder and an accomplice broke into a home near I-25 and Avenida Cesar Chavez in September.

More Here

Followup FL: Domestic Defense Justified in Father Killing Son



A father who shot and killed his drug-addicted son after being attacked with a wooden board has been cleared of wrongdoing, the First Judicial Circuit State Attorney’s Office announced Monday.

Santa Rosa County deputies responded to a residence at 5545 Sweet Memory Lane in Milton at around 7 a.m. Aug. 25 in reference to a shooting, a news release said. Bruce Pernicka admitted he had shot his son, Jeffery Pernicka, after Jeffery attacked him with a 2-by-4 board.

When deputies arrived Pernicka was found standing outside holding a white cloth to his head, the release said. He had blood on his hands, arms, torso and legs.

More Here

Followup NY: No Charges for Employee who Shot Robbery Suspect at Alibaba Market



SYRACUSE, N.Y. -- The employee at a North Side market is facing no charges for shooting an alleged robber who entered the market Friday evening, according to police.

A man armed with a handgun entered the Alibaba Market at 419 Wolf St., around 7:45 p.m. and tried to rob the store, said police spokesman Sgt. Richard Helterline.

The employee shot the suspect, who fled on foot, police said.

More Here

ME: Intruder Held at Gunpoint for for Police



According to the Caribou Police Department, 27-year old Dakota Michaud, of Caribou, entered a garage that was attached to a home on the Lombard Road in Caribou at about 3:24 a.m. on Tuesday morning.

According to the homeowner, Michaud was trying to break into his house through an attached garage, so he grabbed his gun and held him at gunpoint until police arrived.

What cops need to consider about armed citizens by Mike Wood


Armed citizens and police officers are natural allies, and teammates in the fight against crime. There is no segment of the community more supportive of law enforcement than their fellow citizens who are lawfully armed.

So why are they accidentally killed by police with such distressing frequency?

2018 has been a tough year

This has been a tough year for police and armed citizens alike. In 2018, we’ve seen a number of tragic mistakes made by police officers who shot and killed lawfully armed citizens in error, including a homeowner in Aurora, Colorado, a security guard in Chicago, Illinois, and a Thanksgiving eve shopping mall patron in Hoover, Alabama, among others.

In each of these situations, the officers believed they were using force to stop someone who had endangered innocent life, but they were sadly mistaken. The officers were thrust into a dynamic and dangerous situation where they had to act quickly based on imperfect and incomplete information, and each of them made a fatal error that cost a life.

We still don’t understand the details of how these particular events unfolded, so it’s inappropriate to comment directly on the circumstances or assign blame. There were probably mistakes made by all parties – both armed citizens and police – which led to the unhappy endings of these stories, and this is not the place to hash that out.

Tactical considerations

Instead, I’d like to suggest some things for police to consider in order to avoid a tragic repeat of these events:

More Here at Policeone.com


Tuesday, December 11, 2018

Surviving a Catastrophic Power Outage NAIC Executive Summary





Executive Summary

The nation has steadily improved its ability to respond to major disasters and the power outages that often result. But increasing threats—whether severe natural disasters, cyber-physical attacks, electromagnetic events, or some combination—present new challenges for protecting the national power grid and recovering quickly from a catastrophic power outage.

The President’s National Infrastructure Advisory Council (NIAC) was tasked to examine the nation’s ability to respond to and recover from a catastrophic power outage of a magnitude beyond modern experience, exceeding prior events in severity, scale, duration, and consequence. Simply put, how can the nation best prepare for and recover from a catastrophic power outage, regardless of the cause?

After interviews with dozens of senior leaders and experts and an extensive review of studies and statutes, we found that existing national plans, response resources, and coordination strategies would be outmatched by a catastrophic power outage. This profound risk requires a new national focus. Significant public and private action is needed to prepare for and recover from a catastrophic outage that could leave the large parts of the nation without power for weeks or months, and cause service failures in other sectors—including water and wastewater, communications, transportation, healthcare, and financial services—that are critical to public health and safety and our national and economic security.

What is a catastrophic power outage?

  • Events beyond modern experience that exhaust or exceed mutual aid capabilities 
  • Likely to be no notice or limited-notice events that could be complicated by a cyber-physical attack
  • Long duration, lasting several weeks to months due to physical infrastructure damage
  • Affects a broad geographic area, covering multiple states or regions and affecting tens of millions of people
  • Causes severe cascading impacts that force critical sectors—drinking water and wastewater systems, communications, transportation, healthcare, and financialservices—to operate in a degraded state

Recommendations



The United States should respond to this problem in two overarching ways: 1) design a national approach to prepare for, respond to, and recover from catastrophic power outages that provides the federal guidance, resources, and incentives needed to take action across all levels of government and industry and down to communities and individuals; and 2) improve our understanding of how cascading failures across critical infrastructure will affect restoration and survival.

There are a number of ongoing initiatives in both the public and private sector that are in line with our recommendations. We urge the continued advancement of these initiatives in conjunction with our recommendations.

The NIAC was challenged to examine events that are beyond our nation’s experience, yet would impact nearly every jurisdiction, industry, and citizen. The solutions we identified will require strong public-private collaboration—as the NIAC has recommended previously—to address the scale and significance of catastrophic power outages.

Link to NIAC paper ( 94 pages) on Surviving a Catastrophic Power Outage


Link to National Infrastructure Advisory Council at dhs.gov



South Africa: Carjackers with Knife, Driver Shoots, Kills 1, Wounds 1


“It is alleged that one [of the men] switched off the engine and the other put a knife against the neck of the driver, before demanding money and his cellphone,” he said.

“The driver pulled out a firearm and fired two shots at the suspects. One died a few metres away from the scene. One was also wounded, but ran away. Police are still looking for him,” said Zwane.

14 Killed in Shootout in Brazil

Brazil has extremely strict gun control laws. Jair Bolsonaro, the President elect, has vowed to reform them to allow law abiding citizens to defend themselves. Brazil has one of the highest murder rates in the world. Over half of all murders in the world occur in Brazil.

At least 14 people, including two children, were killed on Friday when a shootout broke out between police and bank robbers attempting to blow up ATMs, according to authorities in north-eastern Brazil.

Six hostages, among them two children, died in the shooting, local media reported, when police opened fire on the robbers at bank branches on the main street in Milagres in the interior of Ceará state.

“Six of the bandits died. We are working to identify the victims,” Kelia Jacome, the spokeswoman for the governor, said by telephone.

She said the attempted night-time robbery was interrupted by a police unit that had been tracking a gang responsible for similar bank robberies in the area, in which explosives were used to blow apart automatic teller machines.

More Here

OK: Home Invasion Suspects Arrested: Dog Killed, Accomplice Shot, Wounded


Case Vermaire, 23, and Trevor George, 20, were booked into the Tulsa County jail on complaints of robbery with a firearm and first-degree burglary, with bond set at $70,000.

Police were initially dispatched around 4 a.m. to the Bristol Park Apartments, near East 41st Street and Garnett Road, after residents reported hearing gunfire. Around the same time, an apartment resident reported that he had shot an intruder.

(snip)

The apartment resident woke up to gunfire, grabbed his pistol and began firing at an intruder, Tuell said. After the intruders fled, the apartment residents found their small dog had been shot to death.

Monday, December 10, 2018

Foreign-Born Population of the United States, Percent by State, as of 2010



The foreign born population of the United States is at near record levels of over 14 percent, as of 2018. The last time this happened, the U.S. shut down immigration for 40 years and assimilated the immigrants.

It is less clear that will happen this time.

The big wave of immigration ending about 1920, was part of how Progressivism took over as the dominant ideology in the United States.

The current wave of immigration, began in 1965, is part of how Progressivism is pushing out the remnants of Constitutional ideology today.

President Donald Trump is part of a desperate attempt to stop the slide to unlimited government in the United States. It will not be successful unless the United States severely limits immigration and starts teaching Constitutionalism and limited government in its schools.

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

Gun Watch


MI: Fight turns to Shooting as Permit Holder Defends Self



Just after 1 a.m. at an eatery on the 22000 block of Fenkell, a 27-year-old man was approached by a 24-year-old man, said Dontae Freeman, a spokesman for the Detroit Police Department. The area is just west of Lahser. A conversation between the two became a physical fight and a third man also became involved in the fight.

At that point the 27-year-old, a concealed pistol license holder, pulled out a handgun and shot the 24-year-old man in his hip before calling 911. After being transported to the hospital, the 24-year-old was listed in temporary serious condition.
More Here

MA: Man Shoots own Pit Bull to Stop Attack, Guns Taken by Police

The man and his firearms were licensed in Massachusetts.

The man was rushed to Cape Cod Hospital to be treated for his injuries, police said.

Police took the man’s handgun, a 12-gauge shotgun, and ammunition found in the home “for safekeeping.” The dead pit bull was taken away by Yarmouth animal control officers, police said.


More Here

More MI: No Arrests for Woman who Killed Robber turned Home Invader


But it didn't end there. The male turned this into a home invasion when he followed them inside.

Police say there were three generations of women inside the house when that happened, one in her 70s, one in her 50s and the youngest in her 20s.

The one in her 50s grabbed a gun and shot twice, killing the intruder on the spot.
More Here

Saturday, December 08, 2018

November NICS Keeps on Track for Second Highest Year




The 2018 November of National Instant background Check System (NICS) numbers have been reported by the FBI. The NICS checks for November of 2018 were 2,393,043. That makes 2018 the second highest November on record. The record was set in 2016, with 2,561,281.

The number of NICS done this year is already the third highest since NICS checks were started in 1998. The total at the end of November, 2018, is  23,638,551. Only 2016 and 2017 had higher totals for the whole year.

December is usually the highest month for NICS checks. There are only three years where this was not true. Those were 2008, 2013, and 2014.

NICS checks are highly correlated with worries about further infringements on the Second Amendment by the federal government. In 2008, it was worry about the election of Barrack Obama. In 2013, it was concern over his re-election. In 2014, it was concern over the statements President Obama made in his push for more infringements.

I expect over 2.5 million NICS checks in December of 2018.  The Media are starting to push for more infringements on the Second Amendment from their colleagues in the House of Representatives.  That will increase the worry level for some people who are considering purchasing a firearm. The worry of infringements combined with the holiday will push them to make the purchase.

2.5 million plus NICS checks in December will raise the total NICS for the year to over 26 million, just in between the totals for 2016 and 2017, making the 2018 NICS year the second highest on record.

The number of NICS checks is not as highly correlated with firearm sales as it used to be. A large number of NICS checks are done for carry permits and permit rechecks.

In November of 2018, about 1,050,000 of the NICS checks were done for permits and permit rechecks. The vast majority of the permit and permit rechecks were in two states. Illinois and Kentucky accounted for over 650,000 of the permit and permit rechecks.

We will not know the actual number of firearms added to the private stock in the United States until a year and a half from now. The BATF tracks the licensed manufacture of firearms, and the legal import and export of them.  They do not include firearms manufactured for the military.  Because of concerns for intellectual property rights in the data, numbers of firearms manufactured are not reported to the public for a year.

It is likely tens to hundreds of thousands of firearms are legally and illegally made without a license in the United States each year. Those numbers are not counted, not known, and not included in the official BATFE numbers. The numbers of guns illegally imported or exported are similarly unknown.

The assumption that the unknown numbers of guns manufactured is approximately the same as guns lost due to destruction or wear, allows an estimation of the total number of guns in private hands in the United States.

At the end of 2018, the number of private guns will be about 430 million.

About .15 percent of firearms are used in violent crime each year. That is not 15% , not 1.5%, but .15%.  This about one out of every 600 firearms.


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

Gun Watch 








Followup CA: Angela Webb Found Justified in Domestic Defense



Webb testified her husband had thrown her down basement stairs. After a struggle ensued over a 9mm gun, the defendant said she shot her husband in the elbow to slow him down. When he chased after her, Webb testified, she shot him in the stomach before fleeing to a neighbor's home and asking them to call 911.

During his testimony earlier this week, the husband gave a different account, saying his wife pointed a gun at him while he was making coffee. He testified his wife told him she was going to shoot and kill him. Prosecutors argued during the trial the husband never posed a serious physical threat to Angela Webb prior to being shot.
More Here

Followup CA: Lakewood Deli Owner, Shooting was Domestic Defense



A planning commissioner and deli owner in Lakewood will not face criminal charges for shooting and wounding his stepson earlier this year because prosecutors determined he could claim self-defense.

Robert Quarto was “almost beaten to unconsciousness” by his stepson the night he shot him twice in the legs during a confrontation Sept. 19, according to a court document filed Nov. 15.
More Here

IN: Drunk Man Crashes Car, Attempts Break-in, is Held at Gunpoint



According to state police, Andrew C. Skirvin, 26, Losantville, was highly intoxicated early Saturday when he crashed his Honda vehicle along Henry County Road 875-N, near County Road 250E.

Authorities said Skirvin then walked to a home in the 2800 block of East County Road 875-N and tried to kick in its back door.

He was then taken into custody by the property owner, who held him at gunpoint in the back yard until an Indiana State Police trooper arrived at the scene.
More Here

AZ: Intoxicated Man acts like Burglar, is Shot by Resident



When officers arrived on scene, they found that the resident of the home shot the burglar.

Upon further investigation, it was determined that the 'burglar' was actually an 'extremely' intoxicated man who thought he was entering his own apartment, Tyler said. 

More Here

Friday, December 07, 2018

FL: Armed man Shoots, Kills Man attacking with Machete



A spokesperson for the Coral Springs Police Department said a man was asked to leave the Premier Billiards and Sports Club in the 9100 block of Wiles Road around 2 a.m. The victim returned a few minutes later wielding a machete and someone outside the bar shot him, police said.
More Here

TN: Two Home Invaders Shot, Killed


The resident living in the home, called 911. The two alleged robbers were both shot after they entered the home. One of them died at the scene and the other was in critical condition.
More Here

GA: Pastor uses Gun to Drive off Attacker



Suddenly, a man Cook described as around 6 feet tall, and between 250 to 300 pounds, barreled toward Cook, grabbed him by his jacket lapels and head-butted him.

While lying on the ground, Cook said he saw the man coming back toward him again. Still reeling from the impact, Cook said he pulled out his gun and fired several shots into the air.

Cook said the man immediately ran to his car and drove away.
More Here

KY: Armed Victim Shot Robbery Suspect


Deontae Dobson, age 23, faces several charges, including robbery and wanton endangerment.

Police say last Sunday, he and another man pulled a gun on the victim -- but the victim pulled out his own gun and shot the other suspect.
More Here

TN: Self Defense likely in Shooting on I-65



NASHVILLE, TN (WSMV) - The man who shot and killed a tractor-trailer driver in an alleged road rage incident on Friday night claims he fired his weapon in self defense, Metro police officials said in a statement Saturday.
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Thursday, December 06, 2018

More Cowardice uncovered at Parkland Shooting: "Security" Recognized Shooter with Rifle case, did Nothing



Evidence of more incompetence and cowardice has been exposed from the Parkland school shooting. 17 students and staff were murdered on February 14, 2018, at the Marjory Stoneman Douglas School.  I will not name the murderer.

You have probably read and remember the armed school resource officer, Deputy Scot Petterson, failed to confront the killer immediately. He did not run to the sound of the gunfire. Instead, he waited outside the school for others to come. Eventually there were seven or eight deputies outside the school waiting. Officers from another jurisdiction showed up and immediately entered, but it was too late. All the killing had been done. The murderer had fled the scene.

Wikipedia says the murderer was carry a "duffle bag" and a backpack. That is incorrect.  The murderer was carrying a black rifle case, not a duffle bag.


Rifle Case used by Mass Murderer in Parkland
It is a critical distinction, because Andrew Medina, a school security monitor, recognized the rifle case.

Andrew Medina stated the murderer was carrying a rifle bag, and he recognized it as such. He said this in a recorded interview, under oath, shortly after the shooting.

 Link to interview video on twitter

He was the  first person recorded to see the murderer enter campus. He stated that he had been briefed; the murderer was the most likely to "shoot up the school" and that he recognized him. From the miami herald.com
As soon as Cruz began walking "like on a mission" toward the building, Medina followed and began frantically texting fellow security guards. "We had a meeting about him last year and we said if there's gonna be anybody whose gonna come to this school and shoot this school up, it's going to be that kid," Medina told detectives on the day of the Feb. 14 shooting.
Medina stated that when the murderer had been enrolled at the school they were "always watching him":
"Just crazy," Medina recalled of Cruz during the teen's time at Parkland. "And we always was watching him, you know. Like, it was one of those kids that we always kept an eye on."
What was the point of being briefed on the threat, recognizing him, and then doing nothing to stop him? Medina called another unarmed security monitor. That monitor hid in a closet during the shooting.

This is an obvious point of failure of the system. If Medina had confronted the murderer, he might have been able to stop him from entering the school. At the minumum, he would have disrupted the murderers plan and reduced the response time by armed police.

Medina recognized him as a threat. He recognized he was carrying a rifle case. The murderer was forbidden from being on the school campus. A rifle in a rifle case is not an immediate threat until it is removed from the case. The murderer did not appear to be armed with other weapons. Medina did nothing to stop him. He never shouted at him or called for him to stop.

Medina is said, after the shooting started,  a minute after the murderer entered the school, to have driven to the front of the school (on his utility vehicle) to get Scot Peterson, the armed school resource officer and Sheriff's deputy.  Medina said he took Peterson back to where the murderer entered the school.

That is where Peterson stayed, calling backup, and waiting.

There were many opportunities to stop the Parkland school shooting.

School officials worked with the sheriff's office to insure that minority students, such as the murderer, where not arrested, to prevent them from having a criminal record.  The program was promoted by the Obama administration.  That program was used to shield the murderer from arrest.

The murderer was never committed as a danger to self and others, in spite numerous incidents and problems.  Therefore, he was never included as a prohibited possessor of firearms.

Andrew Medina, the unarmed school "security", was placed in the security monitor position, as part of actions taken for discipline in a sexual harassment case.

*Correction* Andrew Medina was a security monitor before the sexual harassment case. He was given a three day suspension and returned to his former position. Thus, my speculation about the bureaucracy in this case does not directly apply. Andrew Median was subsequently fired from his job at the Marjory Stoneham Douglas school in June of 2018, five months after the shooting.

There appears to be a pattern here.

The security program was not taken seriously by school officials. It seems to have been treated as a dumping ground for "problems".

In a government bureaucracy, it is very difficult to get rid of incompetent people, especially if they are in one of the affirmative action protected groups. In places such as Democrat controlled school districts, those groups contain most of the people in the bureaucracy. Only straight, white, non-hispanic, men are outside of some special protected status.

When firing people is extremely difficult, managers find places to put incompetents where they can do the least damage.

It appears that "school security" was such a place in the Marjory Stoneman Douglas school bureaucracy.

In high stress situations, people fall to the level of their training. They seldom react better than their training.

What was Andrew Medina trained to do? It appears he was trained to watch. Watch gates, watch students. He was very reluctant to sound alarms. He knew how expensive sounding alarms was.  I suspect Andrew Medina did what he had been trained to do, which was to watch and report to others.

He had an excellent opportunity to stop a tragedy. He recognized the danger. He recognized the potential of the rifle case. He did not act. He watched. He called others.

It appears he was a problem. It may be the school management did not want him to interact with others.

Andrew Medina has faults. He has responsibility for some of the blame in the horrific mass murder that followed his failure to act.

Most of the blame for his inaction lies with the administration that put him in his position, and the training or lack of training they gave him.

In the long, long tradition of bureaucracies, the administrators will work very hard to keep from accepting any blame. They will work hard to shift the blame to others.  It is a major function of bureaucracies to shift blame from the bureaucry to other people.

Gun owners, Second Amendment Supporters and the NRA are popular targets of blame shifting.  It fits the narrative Progressives sell: individuals are not responsible for their actions, society is.

But none of the restrictions called for on gun owners, Second Amendment supporters, or the NRA would have stopped this mass murder.

Better training and a strong sense of individual responsibility could have stopped it, at multiple points. Andrew Medina's recognition of the threat, and lack of action, was such a point.

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

Gun Watch






IA: Man uses Bow, Arrows to Shoot Dog Attacking his Pet


A man shot a stray dog multiple times with a bow and arrow as it attacked his pet dog during the weekend on the north side of Des Moines, authorities said.

The aggressive dog was shot with four arrows as it attacked the small-breed dog, critically injuring it, at 2 p.m. Saturday in the 3900 block of Fifth Avenue in the city's Highland Park neighborhood, police said.
More Here

MI: Woman Shoots, Kills, Home Invader



Three Michigan women whose departure for church Sunday was interrupted by a home invader fought back against their assailant, with one of the women reportedly opening fire on the would-be thief and killing him.

Detroit Police said three women -- ages 75, 55 and 29 -- were leaving for church about 10:30 a.m. when a man confronted them in the home's driveway and forced them back inside. None of the women were identified.
More Here

Followup CO: No Charges for Officer who Shot, Killed Armed Homeowner



No criminal charges will be filed against an Aurora police officer who fatally shot a homeowner in July, the 17th Judicial District announced Monday.

Officer Drew Limbaugh shot and killed an armed homeowner, 73-year-old Richard "Gary" Black Jr., defending his grandson against an intruder, Dajon Harper, on July 30.
More Here

Wednesday, December 05, 2018

TN: Man Shoots 2 Dogs Attacking his Cow



County Animal Control was on scene when deputies arrived. The man who shot the dogs said he found them attacking his cow, with “one on each ear, biting and gnawing on the cow while it was down next to (a) fence,” Deputy Nicholas Foster said in a report.
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TX: Armed Man Stops Carjacking Bluff Attempt


“He said ‘The next word out of your mouth, I’m sending you to heaven,‘” Mike recalled. “I reached down, I grabbed the gun, pointed it right in his face and I said ‘Let’s go together.’”

“I couldn’t explain to you how fast he got out of my automobile at that point,” Mike said. “He jumped out that door in an instant. The girl jumps out, goes in front of the automobile and they start screaming at me.”

The suspects, he said, started yelling how Mike had a gun and he was going to kill them. But their screaming was the least of Mike’s worries.

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Followup MO: Man who Claimed he Shot "Carjacker" Charged with 2nd Degree Murder



He told detectives that he left the car running when he went inside the convenience store, and while he was inside he saw Michael leave an SUV and try to get in his car. Simms says he left the store and shot the victim, stating he was "defending my property". He added that he didn't know Michael and didn't see that he had any weapons.
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MO: Armed Victim Shoots, Kills Armed Robber



A man shot and killed a would-be robber Thursday night, police say.


The dead man is Ricky Bates, 43, who police say was trying to rob a 25-year-old man in the 1400 block of Arlington Avenue.
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Tuesday, December 04, 2018

MI: Appellate Court Issues Mixed Ruling on Right to Carry at DeVos Place


In March of 2016, members of Michigan Open Carry (MOC) and Michigan Gun Owners (MGO) were manning a booth they had rented in the DeVos Place Convention Center. They were openly carrying holstered pistols, which has never been against the law in Michigan, except for a small number of restricted areas.

While people with concealed carry permits may not carry a concealed firearm into a school, they may openly carry a holstered pistol in Michigan.  They can openly carry holstered pistols into the State Capitol.

On Friday, May 26, 2017, Judge Joseph Rossi of the Kent County Circuit found for Michigan Open Carry (MOC) and Michigan Gun Owners (MGO). DeVos Place appealed to the Michigan Appeals Court.

On November 27, 2018, The Michigan Appeals Court ruled the Circuit Court erred and needed to make more findings of fact. From mlive.com:
"We conclude that the trial court erred when it ruled that the concealed carry of firearms was not prohibited by statute at DeVos Place because the trial court did not make a finding about seating capacity," the appeals panel wrote.

"The trial court found that the concealed carry and open carry of firearms was 'normally permitted' at DeVos Place and DeVos Performance Hall. Therefore, the trial court disagreed with the CAA's statement that the open carry of firearms was 'rarely' permitted, and it concluded that that the CAA's current firearms policies were unenforceable," the appeals panel said.

You can read the entire appellate decision here.

A description at the devosplace.org website states the largest venue there has a 2,404 seating capacity.
DeVos Place offers flexible space for meetings, conventions and trade shows as well as performing arts and touring events, and has the capability of hosting a variety of events simultaneously. The convention center features an exhibit hall with 162,000-square-foot of uninterrupted space, a 40,000 square foot ballroom, 26 sub-dividable meeting rooms with over 32,000 square feet of space, a 2404-seat performing arts theater that is home to four performing arts groups, accessible and spacious loading docks and on-site parking.
If a judge rules the the seating capacity is over 2,500, then DeVos place could ban the concealed carry of firearms there. The law is very specific in that it bans concealed carry.

The appellate court did not differentiate between open carry and concealed carry. It says nothing about open carry, which is odd, because the plaintiffs were openly carrying in the original incident.

The law relevant to entertainment facilities bans concealed carry, not open carry. The statue in question is 28.425o. Here are the relevant parts:
(1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(h), shall not carry a concealed pistol on the premises of any of the following:

(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
The differentiation is important, because in the Heller Supreme Court decision, a differentiation is made between open carry and concealed carry.  From Heller:
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues.
Many disagree with Heller on this point. The Second Amendment does not differentiate between open carry and concealed carry. It is mere precedent that restrictions on concealed carry have been tolerated since 1833, more than 40 years after the Bill of Rights was ratified.

The appeals Court found a government entity could enforce private bans on the carry of firearms. That much is obvious. Local police enforce trespass laws regularly.

More interesting is the question of whether public venues can pressure private entities to create private bans on firearms. For example, DeVos employees, when interacting with prospective clients, might "recommend" a ban on firearms.

DeVos' attorney will likely argue the performing arts theater has 2,404 seats; that separate meeting rooms have more seats, bringing the total to over 2,500.

It seems an easy way to overcome the letter of the law. Simply count every seat in a very large, subdivided facility. Add them all together, then count it as one entity.  If you do not have enough seats in a venue, count how many temporary seats could be set up outside.

The case goes back to the original judge to determine what the seating capacity of DeVos Place is.

DeVos may tread a fine line. There may be other regulation related to seating capacity, such as zoning codes and safety codes. Claiming capacity over 2,500 may trigger other enforcement or contractual actions.

Open carry activists assert that rights unused are lost. If people are afraid to assert their rights, they do not truly have those rights.

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

Gun Watch


CT: Permit Holder Wounds, Kills, Armed Robber



Police said two men entered the store and began assaulting at least three people inside. During that time, one of the victims, who police said is a legal permit holder in Connecticut, fired at least one shot and both suspects fled on foot.

According to police, one of the suspects was struck by at least one bullet and was found dead behind the store. The second suspect is still at large.
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NV: Armed Freind Stops Pit Bull Attack, Woman Wounded in Leg



A North Las Vegas woman is speaking out after she was shot by a friend who was trying to save her from an attacking pit bull.

The gunshot victim, 42-year-old Betty Walker, says the bullet went through the pit bull and hit her in the leg.
"When I went to put my plate down -- we were barbecuing -- the dog attacked," Walker said. "Latched to my arm."
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MS: Domestic Defense: Mother Kills Son who Threatened Her


Hancock County officials confirmed a Kiln mother killed her son in self-defense Friday morning after he threatened her with a knife.

Criminal Investigation Division Commander Glenn Grannan told WLOX News Now the shooting on Cameron Drive was reported around 8:20 a.m. Grannan said the mother told deputies she shot her son because she thought he was going to kill her.
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GA: Repo Man who Shot Knife man out on Bail



The parking lot attendant who shot a man in the leg when he disputed his car being booted walked out of jail Thursday.

Alexander Bland Jr. turned himself in to police Wednesday for a reckless conduct charge.
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Iowa Right to Bear Arms Constitutional Amendment has good Chance in New Legislature



The Iowa State seal proclaims: We prize our liberties and our rights we will maintain.

Iowa is in the process of doing exactly that by adding  a constitutional amendment to protect the right to keep and bear arms (RKBA) at the state level. Iowa is one of only six states that lack some state constitutional protection fro the RKBA.  The proposed amendment is as follows: From iowa.gov:

Right to acquire, keep, possess, transport, carry, transfer, and use arms. 

SEC. 1A. The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes the fundamental right of the people to acquire, keep, possess, transport, carry, transfer, and use arms for all legitimate purposes. Any and all restrictions of this right shall be subject to strict scrutiny.
Iowa has a lengthy process to amend their state constitution. An amendment must pass both houses of the legislature, with simple majorities. The governor is not required to sign on.

 Then an election must occur.

Then the amendment must pass both houses of the legislature, with simple majorities, again.

Then the amendment is put to the people in a referendum at the next election cycle.

The Iowa (RKBA) amendment, HJR 2009, passed both the House and the Senate in 2018.  It passed the House, 54 to 42. Two Republicans voted against it. Three Republicans abstained from voting. It easily passed the Senate 34 to 15. In the 2018 elections, the Republicans gained three Republican seats in the Senate, and lost five seats in the House.

Andy McKean of Anamosa, a Republican  who voted against the RKBA amendment, was relected. The other, Dave Heaton, of Mt. Pleasant, Iowa, retired and was replaced by a 21-year-old Republican, who easily won the general election. His name is Joe Mitchell. From thehawkeye.com:
MOUNT PLEASANT — Joe Mitchell emerged from a crowded primary election field Tuesday night as Republicans’ choice to represent House District 84.
Joe is an avid trapshooter and a balanced budget proponent. He will likely vote for the RKBA amendment.

I have not been able to determine the names of the three Republicans who abstained from the vote on March 18 of 2018.

The Republicans in the House lost just enough seats to be uncertain if they can easily pass the RKBA amendment a second time. The odds are in their favor. But look at the example of Senator McCain in Arizona, who promised again and again, to repeal Obamacare. Yet, when he was the critical vote, he voted against repeal. Are there some of similar liars among the Iowa House Republicans? We will find out in a couple of months.

Might there be independent, Constitutionally minded, Democrats who were recently elected? It seems doubtful. The Democrats in the House voted unanimously against the RKBA amendment.

If presented to the people of Iowa, the RKBA amendment will pass easily. Every state that has had an RKBA amendment presented to them has passed it with significant majorities.  The same process in use in Iowa played out in Wisconsin 20 years ago, in 1998. The amendment passed with 72% of the vote.

No right to bear arms Constitutional Amendment referendum has been defeated at the polls.  Voters have passed similar constitutional amendments in other states with wide margins. Alabama passed a similar amendment in 2014 with 72% of the vote; Missouri had strengthened its Constitution just months before with 61%; Louisiana in 2012 with 74% of the vote; and  Kansas in 2010 with 88%.

Iowa is one of six states that do not have a state constitutional protection for the right to keep and bear arms in some way. The other five without such a provision are California, Maryland, Minnesota, New Jersey, and New York. The two outliers are Iowa and Minnesota. Both states have strong Second Amendment activist organizations.

The critical point for Second Amendment supporters is to pass HJR 2009 a second time, in 2019, in the Iowa House. There should be no problem in the Iowa Senate, or with the referendum, barring the influx of tens of millions of dollars to be spent against it by some leftist billionaire who hates the idea of limited government.


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

Link to Gun Watch






Monday, December 03, 2018

MO: Off Duty Officer Shoots at Driver who Tried to Run him Over

When the police officer pulled over and got out of his car to help, the driver tried to run him over, according to police. The officer pulled his gun and fired several shots at the car, described as a dark-colored sedan, which hit the officer's vehicle, hopped a curb and crashed through a fence before driving away on Bircher Avenue, which runs parallel to the interstate for about a mile.

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Followup AR: Supreme Court Sends Chris Schnar case back for Third Trial



In a 4-3 decision, the Supreme Court ruled that jurors in Chris Schnarr’s third trial, where he was convicted of manslaughter, were improperly barred from hearing instructions regarding Schnarr’s arguments that he was justified in shooting Arista Lee “A.J.” Aldridge Jr. during a confrontation in downtown Little Rock.
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TN: Man Shoots, Wounds Suspect in Attempted Theft of Buggy

Officers said the man and one other were spotted by the owner trying to hook up a trailer loaded with a rail buggy to their truck. The owner grabbed a shotgun and fired at the trailer, hitting one in the leg.

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OH: Robber Shot, Victim Wounded in Robbery Attempt



The intended victim was identified as Matthew Martin, 21, of the North Side.

A neighborhood resident who called 911 told a dispatcher that he saw Mathews and two other males enter Martin’s apartment and then heard several gunshots. The man told the dispatcher that he then saw several males run out of the apartment, and some of them got into a red car and left.

Mathews drove to Martin’s North High Street apartment to rob him, according to a police report, and Martin and Mathews shot each other during the attempted robbery.
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Followup KS: No Charges for 74-Year-Old Woman who Shot, Killed Burglar



The district attorney says it’s clear the shooting was self defense.

The 74-year-old woman is recovering from a heart attack she suffered right after Saturday night’s ordeal.


The family of the suspect says drugs are to blame.

"She was protecting herself, and I’m not mad at her at all. I would have done the same thing. I think anybody would," said Elvis Byrd who wasn’t surprised to hear what happened to his big brother, Ralph Byrd Jr. on Saturday night. "I’ve been saying for quite a while now that Ralph was either going to get himself shot stealing from somebody or he was going to OD on heroin."
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Sunday, December 02, 2018

CA: Gun Beats Rock in California Break-in Attempt



The chaos broke out on Charlene Avenue in the Broadway Heights neighborhood late Wednesday morning. San Diego Police received calls that a man was trying to break car windows with a rock and was trying to force his way into a home.

When the man used the rock to shatter a window and tried to enter the house, a man in the home shot at the intruder, hitting him at least once, SDPD Lt. Benjamin Kelso explained. The wounded man was rushed to Scripps Mercy Hospital but is expected to survive.
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OH: Disarm Attempt Results in Victim Wounded, Attacker Killed



The 27-year-old man found outside the apartment building died from multiple gunshot wounds, police said.

The surviving 33-year-old man told investigators he was entering the apartment on Morris Black Place when the other man approached him with a gun and tried to rob him, police said.

The two fought over the gun and it fired several times. Bullets hit both of men, he told police. The surviving man went inside the apartment. The other man ran a short distance before collapsing in a nearby courtyard, police said.
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AL: Grand Jury to Decide in Daron Parks Self Defense Shooting



Police say evidence and statements investigators received make them believe Parks was shot in self-defense. The shooting happened on November 6 at Butler Terrace off of Seminole Drive.

Police told WAAY 31 investigators can't release much about the case, but they believe a domestic fight led up to the shooting. The department said it's now up to a Madison County grand jury to decide if they believe the shooter acted in self-defense or not.
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MO: Aspiring Rapper Shot by Armed Vicim in Robbery Attempt



Deputies say Ahmonta M. Harris broke into a house for a robbery and threatened a 20 year old resident who was also armed. Harris was subsequently shot and killed. Harris died at the scene.

The 20 year old and two other residents in the home were not injured.

Neighbors said they were surprised when they learned a man had been shot and killed.

Harris was a rapper that went by the name "Monnie Man" and was supposed to perform at Rose Music Hall in Columbia, according to his Facebook page.
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CA: Disarm Results in Victim and Invader both Wounded



The residents told deputies several suspects entered their home wearing ski masks and carrying firearms. But the homeowner and one of the suspects were shot as they struggled over a gun, Allen said. Both are expected to survive the shooting.
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Followup OK: Man Describes Shooting Intruder

"I grabbed a pistol which is right there where I sleep, and it was only about another three or four seconds and he comes into view and blam boy that 9 millimeter is real loud inside the house," said Sweeney.


More Here

Saturday, December 01, 2018

Review Beyond State Control: Improvised and Craft-produced Small Arms and Light Weapons firearms Small Arms Survey


Review: Beyond State Control: Improvised and Craft-produced Small Arms and Light Weapons. G. Hays and N.R. Jenzen-Jones. 136 pages. 

Published on the Internet, November 4th, 2018, by the Small Arms Survey, paid for by the U.S. State Department Office of Weapons Removal and Abatement.  

Beyond State Control is an aptly titled study of improvised, homemade, and craft-produced firearms and light weapons around the world.

This is an important topic. It defines a floor beyond with controls are no longer effective. If people desire small arms, they will be able to obtain them by home manufacture, through improvised and craft-production.

I have written extensively about the subject. I used the term "small-shop" but "craft-produced" is more inclusive and descriptive.

Beyond State Control covers everything I have written about homemade, improvised, and craft-produced firearms for the last 40 years.

This is a well researched and comprehensive paper. It will be useful reading for every student of citizen disarmament, or "gun control". I recognized many of the items photographed in the extensive documentation.

The authors are experts in their field. They have studied the improvised and craft-manufacture of small arms extensively.  There are a few small errors. When writing about such a vast field of information, they are excusable.

On page 22, the authors include the Liberator pistol as being designed for production in small workshops during WWII. It was not designed for workshop production, but was mass produced in a highly efficient industrial plant. This error is corrected on page 36.

On page 46, a hand indexed revolver is mistakenly called a "pepperbox" type weapon.

I emailed the editor of Beyond State Control about these small errata.

Those minor errors are overcome by the wealth and breadth of the information in this seminal report. In the "Key Findings" there is this gem:
Improvised and craft-produced small arms account for a sizable proportion of weapons seized in domestic law enforcement operations in several countries. In the UK, some 80 per cent of all guns used in crime in 2011 and 2012 were improvised, craft-produced, or converted; in São Paulo, Brazil, 48 per cent of the sub-machine guns recovered during the same period were homemade; and in Indonesia, 98 percent of the guns confiscated from robbery suspects in 2013 were homemade.
Making factory produced firearms difficult to procure creates strong incentives to produce firearms beyond state control. The large majority of improvised and craft produced weapons are used by criminals:
Data suggests that the highest concentrations of craft-produced small arms are among individual criminals and criminal groups outside of active conflict zones.
In the United States, improvised and craft-produced guns are primarily made by hobbyists for technological interest and ideological reasons.

Beyond State Control specifically excludes the study of 3D printing technology and 80% receivers, though they are mentioned in passing.

The paper covers improvised ammunition and light weapons such as mortars, grenade launchers, and Rocket Propelled Grenades (RPGs) and recoilless rifles.

Many images have been garnered from blogs and alternative media sources.

There is an excellent section on improvised and craft-produced sub-machine guns on pages 76-83. The pictures are worth the attention of any student of population disarmament.

On page 116, the paper  mentions improvised guns being produced specifically to target gun "buybacks".

The authors understand that controlling the making of firearms relies on controlling the flow of information:
Many of the books, magazine articles, and other publications containing instructions for the manufacture of improvised and craft-produced weapons have since been digitized and are readily available via the Internet. Home gunsmiths and hobbyists—including those who produce firearms legally in countries such as the United State—regularly post technical know-how and techniques related to home gunsmithing and the manufacture of arms on YouTube and other social media platforms. In some cases, non-state armed groups have also produced online documents, guides, and videos that provide instructions for the manufacture of improvised or craft-produced weapons. Various armed groups in Iraq and Syria, for instance, have posted videos focused on the design and construction of anti-materiel rifles (ARES, 2018).
The Second Amendment and the First Amendment support each other. Both are essential to limited government.

"Gun crime" in the UK, is higher today than it was when the draconian control of firearms was implemented, starting about 1920. Brazil has a homicide rate about eight times that of the United States. Its highly restrictive gun control scheme reached its nadir, (or apex, depending on your view point) 15 years ago.

"Gun Control" is promoted as a crime reduction measure in the Western world. That is how it was characterized in England in the 1920s and later. It is how it is promoted in the United States today. The ability of criminals and criminal enterprises to access effective, improvised, homemade, and craft-produced small arms creates a limit, determined by technology and physics, on how much crime can be reduced by limiting legal access to firearms.

Many millions of improvised and craft-produced small arms have and are being manufactured the world over. Craft-produced arms are becoming well known in international black markets.

If people desire small arms, their desires will be met by improvised and craft-production.  If they do not desire small arms, no controls are necessary. The arms produced may not be the most sophisticated weapons. They are sufficient for criminal activities.  There are few crimes committed with firearms in the United States that would not be accomplished with homemade pistols and sub-machine guns. The improvised and craft-produced arms are not subject to controls, and more likely to cause injury to users and bystanders.  Improvised and craft-produced firearms are more than sufficient to provide for the needs of the small class of violent criminals, as seen in Brazil.

If you are interested in the political and practical aspects of restricting populations' access to firearms, read the entire 136 page report.


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

Gun Watch

Followup FL: Details on Cocoa Laundromat Shooting



"I was trying to get my clothes out of the car and some dude come up to me and he's dropping his bag and he's trying to ask me, 'What's up, what's up?' And he swung at me," Davis told a 911 operator.

He also told the operator that he repeatedly tried to diffuse the situation.
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Followup KY: No Charges in Joshua Kersey Killing

COVINGTON, Kentucky — Police say a man will not face charges after he shot and killed one of three armed men who broke into his home early Tuesday morning, according to reports.

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SC: Homeowner Shoots, Kills, Man who attempted to Force way into Home

ANDERSON, S.C. (FOX CAROLINA) - Officers with the Anderson Police Department tell us that on Monday night a homeowner killed a man when he tried to force his way into a home on King Street.

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OH: Grandma Fires Gun at Intruder



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MI: Repo Man Shoots Car Owner in Self Defense



The repo man was behind the vehicle when the car owner allegedly approached him with a knife and tried to harm him.

The 30-year-old then shot the car owner in his chest. Police say the suspect was a CPL holder and is cooperating with officers.
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Followup NC: Details on Richard Childress Self Defense Story



But to three armed thugs last December, Childress was a target.

After extensive preparation, on the night of Dec. 17, 2017, the trio invaded the Childress home. They planned to take Childress and his wife of more than 50 years, Judy, hostage.

But Childress was armed. “Thank God and our Second Amendment that I was able to have a firearm in my home to defend my wife and my family,” he said later that night.

This is his story.
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South Dakota expects Constitutional Carry with Governor Elect Kristi Noem

Kristi Noem, South Dakota Governor in Gun Store 2018



South Dakota is a deep red state. It should have passed Constitutional Carry years ago. Constitutional Carry is a reform of gun laws restrictions to approximate the restrictions in place when the Bill of Rights was adopted in 1791.

Actually, it did. More than once. But Republican governor Dennis Daugaard vetoed a Constitutional Carry bill on March 17, 2017.  This wasn't the first time.  It was a long standing performance. Governor Daugaard vetoed his first Constitutional Carry bill in 2012.  In between, Daugaard was certain to lobby against Constitutional carry, and get it killed with legislative manuevers.

A Governor does not like to veto popular bills. It makes them look bad. It is much better if they can arrange for a popular bill they oppose to die a quiet death by legislative process.

Daugaard was a popular governor. It is too bad he had a phobia against Constitutional Carry.

Second Amendment supporters in South Dakota have another chance, with incoming governor, Republican Kristi Noem. Governor Noem claims to be a Second Amendment supporter. On her campaign website, she says she will support Constitutional Carry. From kristiforgovernor.com:
“The Founders believed our right to bear arms was so important to our country they enshrined it into the Constitution’s Second Amendment,” said Noem. “I believe enacting constitutional carry legislation will further protect the Second Amendment rights of law-abiding South Dakotans.”
Noem is not endorsing any specific Constitutional Carry bill, but supports the policy in principle. If elected governor, she will work closely with legislators and stakeholders, including law enforcement, to get a constitutional carry bill passed and signed into law.
An avid hunter and sportsman, Noem once owned and operated a hunting lodge near her home in northeast South Dakota. She has been a stalwart defender of the Second Amendment, fighting against Obama-era regulations that limited gun rights and strongly supporting policies such as national right-to-carry reciprocity, which passed the House of Representatives in 2017. Noem has an ‘A’ rating from the National Rifle Association, of which she is a lifetime member.
On facebook, she wrote this:
The right to bear arms is a fundamental constitutional freedom. By enacting constitutional carry legislation, we can further protect the Second Amendment rights of law-abiding South Dakotans. As governor, I would work to get a constitutional carry bill passed and signed into law.
With legislation, a careful view of specific bills and wording is necessary. The details are where the demons lurk.

supermajority in the Senate passed Constitutional Carry in 2017. In the South Dakota House, the vote was 37 to 30 in favor.

There should be plenty of votes to make a majority for the new Governor to sign.
Legislators play games to get re-elected. There are hundreds of millions of dollars spent to oppose Second Amendment reforms, form New York Billionaire Michael Bloomberg or the various groups funded by George Soros.

A few million can go a long way in South Dakota.

Second Amendment supporters in South Dakota may move this bill through quickly, before campaign promises are forgotten.

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

Gun Watch





OK: Man Shoots, Kills, Burglary Suspect



The intruder, identified as Donald Stovall, was fatally shot after he climbed through a bathroom window at the residence, located in the 4900 block of South Columbia Avenue, Capt. Karen Tipler said.


The homeowner, Charles Sweeny, reportedly retrieved a firearm and confronted Stovall. During that confrontation inside the home, Stovall was fatally shot.
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MS: Man Shoots, Kills one of two Burglary Suspects that Broke into Home



The front door burst open in front of Richardson and he opened fire, shooting the two suspects as they ran inside toward him, Ashley said.

Titus Kelly Jr., 18, of Ocean Springs, fell near the home’s entrance and was pronounced dead by Acadian Ambulance, Ashley said.
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FL: Domestic Defense, Woman Shoots Boyfriend who Assaulted Her



"Having missed with two projectiles, he then advanced on her on foot with his hands out intending to choke her," Sheriff Snyder said.

The Sheriff says Sabo fired one shot with her 9mm handgun and hit Dion in the chest. She tried to perform CPR, but he died on scene.

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More on Home Invader Case OH: No Charges in Shooting of Joshua Kersey



No charges will be filed against a Covington man who shot and killed an intruder at his home this week.

Covington Police have identified the man who died as 43-year-old Joshua Kersey.
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Followup OH: Shooting of Home Invader was Justified



Police said he was one of three men who broke into the home, armed with guns, wearing dark clothes and ski masks.

After breaking in, the men threatened the owner and his wife, demanding they reveal the location of a person who police say hasn't lived there in years.

Police said while this was playing out, the couple's 24-year-old son grabbed his handgun and shot Kersey.
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NC: Gunfight, Witness and Gang Members Exchange Shots



Around 4:15 p.m., investigators say people witnessed four teenagers spray-painting a building at Covington Memorial Park. When one of the witnesses yelled at the teens to stop, one of them pulled out a handgun and fired two shots.

“I never thought I’d hear about that happening at this park,” said Rita Cruise, who walks at the park every week.

After the teen fired the handgun, the witness returned fire in self-defense. The teens got into a silver Chevrolet Malibu and drove off. The Forsyth County Sheriffs Office released a picture of the vehicle in the hope someone will recognize it.
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Thursday, November 29, 2018

Thinking Bigly on Gun Owners, the Border, and President Trump's USMCA dealp's Art of the Deal



It was not long ago, when taking guns into Canada, a nation with vast areas of wilderness, was simple and uncomplicated for U.S. citizens.  There were virtually no restrictions on rifles and shotguns. The Canadian government required a simple seal on handguns to insure they were not fired in Canada. If the seal were broken when the border was crossed going back into the United States, an explanation was in order. It had to be good. That changed in January of 2001.

As more and more restrictions on the ownership of firearms has been pushed by leftists on both sides of the border, crossing the border with firearms has become a legal minefield to trap the unwary. The nadir was reached when a U.S. citizen had to register any rifle or shotgun they brought into Canada, which included a $25 fee that was good for a few months.  All long guns in Canada had to be registered.

Prime Minister Stephen Harper was able to keep a campaign promise and remove  the failed long gun registry. The $25 fee for crossing the border with a long gun remains. It is virtually impossible for an ordinary U.S. citizen to transport a handgun in Canada.

Hundreds are trapped in inadvertent offenses every year. Taking a handgun into Canada, as many find prudent when traveling to Alaska, is so complicated and difficult as to be legally impossible for an ordinary traveler. Bringing personal guns from Canada into the U.S., as many Canadians wish to do when they travel south for the winter, has numerous restrictions and difficulties.

President Trump and his administration are renegotiating the Canadian and U.S. trade agreement, reconstructed from the failed North American Free Trade Agreement (NAFTA) to the United States Mexico and Canada agreement (USMCA).

The Trump administration should include a return to less regulation of personal firearms. Any Canadian with a Possession and Acquisition (PAL) license should be able to bring legal firearms into the United States without a problem. Any legal U.S. resident not barred from exercising their Second Amendment rights should be able to bring legal firearms into Canada.

It is unreasonable that both governments allow their legal residents to travel freely with firearms inside their borders, but restrict each other's residents when they cross the border.

President Trump has written, if you are going to think, you may as well think big. The same logic works for South of the border. We should include in the trade deal the ability of any Mexican who may legally possess firearms in Mexico, legally traveling in the U.S., to legally possess them in the U.S., with the reciprocity that legal U.S. residents may possess legal personal firearms in Mexico when legally traveling there.

Before 1972, possession of .22 rifles and pistols, by U.S. citizens in Mexico, was nearly unregulated. As Mexico has become more dangerous, paradoxically, the legal ability to be armed for self defense has become nearly impossible.

President Trump, his administration, and American gun owners should all think bigly about the Mexican, Canadian, and United States trade deal. The reform should include removing restrictions on legal gun owners transporting their property across both borders.  Negotiations could be about insuring that guns are not illegally transferred to prohibited possessors. All three nations have irrational restrictions on some types of personal arms.

Canadians are not allowed to have magazines of more than ten rounds in pistols, and five rounds in rifles. U.S. citizens are generally restricted from possessing rifles and shotguns with barrels less than 16 and 18 inches, respectively. Mexicans are restricted from having pistols and rifles in many common "military" calibers.  It could all be worked out. All three nations require that guns moving across the border be declared.  Moving away from bureaucratic inflexibility, and toward more personal freedom, can be done.

Citizens who legally possessing guns, in all three countries, are not a problem. They have exemplary records. They commit almost no crime. In the United States, people with carry permits are more law abiding than police officers. I am sure the same holds for Canadians with PAL licences and Mexicans who obtain permits to own firearms.

The mass punishment principle has always been wrong. Punishing the mass of the innocent to get at a few bad apples is bad policy. Punishing the enormous mass of legal gun owners because criminals break the law is a stupid way to attack a problem confined to small numbers of violent criminals.
A growing body of criminological evidence shows that serious violence (and much other crime) is concentrated among remarkably small numbers of “hot” people and places. We now know that homicide and gun violence are overwhelmingly concentrated among serious offenders operating in groups: gangs, drug crews, and the like representing under half of one percent of a city’s population commit half to three-quarters of all murders.
As recently as 1972 for Mexico, and 2001 for Canada, legal gun owners were be able to travel between all three large North America nations with arms and few limitations. It worked then. It can work again.

There is no logical reason to prevent the travel of legally armed residents, only the superstitious fear of firearms in the hands of ordinary people by hoplophobes and would be dictators.

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

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KS: 74-Year-Old Woman Fatally Shoots Intruder

LEAVENWORTH, Kan. (AP) — Leavenworth police say a 74-year-old woman fatally shot a man who she thought was trying to burglarize her home.

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FL: Legally Armed Man Shoots Man who Charged at Him



COCOA, Fla. - A man was shot near a Cocoa laundromat on Monday in what police are calling an instance of self-defense, according to officials with the Cocoa Police Department.
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GA: Homeowner Confronts Man Breaking into Car, Shoots Him



Cobb County police confirmed to Channel 2 Action News that a man was in the process of breaking into a pickup truck when the homeowner came out and confronted him.

During the confrontation, the homeowner shot the suspect at least once below the waist, police said.
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AR: Homeowner Shoots Armed Suspect



According to the resident, an unknown person had entered their apartment with a gun.

The incident report states that as the suspect entered the apartment he was shot one time. Officers provided first aid to the suspect until medical personnel arrived.
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AL: Mall Shooting Investigation Continues, Bradford not the Original Shooter



When it was over, Bradford was dead, his 18-year-old friend was seriously wounded, and the 12-year-old bystander was shot in the back. Eight other people were treated by Hoover paramedics for injuries sustained in the subsequent chaos and evacuation of the mall. Six of those eight were transported to area hospitals, including a 70-year-old Montevallo woman who ultimately was airlifted to a Mobile hospital after suffering broken bones and internal bleed in a fall as thousands were fleeing the gunfire.

Multiple investigations are currently ongoing into the Galleria shooting. Initially police said Bradford fired the shots that wounded the other two, but on Friday night said he likely did not fire the shots that wounded the others. They did not say whether he fired any shots at all, but said he was involved in the initial altercation and brandishing a firearm.
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NRA Moves Forward with Discovery in First Amendment Case Against NY Governor Cuomo

Governor Andrew Cuomo of New York


New York Governor Andrew Cuomo is notoriously hostile to the Second Amendment and the exercise thereof. His administration has been riddled with corruption. He is considered one of the three engineers of the infamous "Safe Act". The other two, Dean Skelos, former leader of the New York Senate, and Sidney Silver, former Speaker of the New York Assembly, have been convicted of corruption.  Governor Cuomo was intimately politically involved with both men.

Governor Cuomo has been able to evade corruption charges thus far.

Perhaps Governor Cuomo has a touch of believing he is invulnerable.  He used his vast powers to exhort the New York bureaucracy to blacklist the National Rifle Association (NRA). Governors have free speech rights, just as everyone is supposed to have in the United States. But, as leftists like to point out, there are limits on all rights.

Free speech does not include the right to threaten legal entities with a bureaucratic blacklist. Nice little non-profit you have there. Be a shame if something were to happen to it...


On 7 November, Jacob Sullum wrote about some of the details of the bureaucratic blacklisting of the NRA, after Cuomo made the not so subtle threats.  From creators.com:
Two weeks later, as if to underline the dangers of doing business with "gun promotion organizations," DFS announced a consent decree with Lockton Companies, the New York administrator of Carry Guard, the NRA's liability insurance program for people who use firearms in self-defense. Lockton agreed to pay a $7 million fine for alleged violations of state regulations and promised to stop helping the NRA with insurance programs in New York, regardless of their legality.

Five days later, DFS touted a consent decree with Chubb, which underwrote the Carry Guard program overseen by Lockton. Chubb agreed to pay $1.3 million and shun the NRA — not just in New York, but throughout the world.

Lloyd's of London severed its relationship with the NRA two days after the Chubb consent decree was announced. Because of the state's implicit threats, the NRA says, it has had trouble finding companies willing to provide even basic banking and insurance services, much to Cuomo's gloating delight.

The NRA sued, claiming Governor Cuomo's actions were violations of the First Amendment freedom of speech and the press. Cuomo's actions were detailed and clear enough that the national ACLU, no friend of the Second Amendment, agreed the NRA case should go to trial.  From thehill.com:
“In the ACLU’s view, targeting a nonprofit advocacy group and seeking to deny it financial services because it promotes a lawful activity (the use of guns) violates the First Amendment,” ACLU legal director David Cole wrote in his announcement of the filing on Friday.

“If the NRA’s charges are true, the state’s actions would clearly violate the First Amendment,” Cole wrote.

The ACLU argued that dismissing the NRA suit against Cuomo “would set a dangerous precedent for advocacy groups across the political spectrum."

"Public officials would have a readymade playbook for abusing their regulatory power to harm disfavored advocacy groups without triggering judicial scrutiny," Cole wrote.
The U.S. District Judge agreed the suit should go to trial. The judge refused to simply throw the case out, as Governor Cuomo had asked. From law.com:
U.S. District Judge Thomas McAvoy of the Northern District of New York said in a lengthy decision that the NRA’s claims that actions by Cuomo and Department of Financial Services Superintendent Maria Vullo stifled its free speech rights were sufficient enough to be evaluated at trial.

“The allegations of direct and implied threats to insurers and financial institutions because of these entities’ links with the NRA, and the allegations of resulting harm to the NRA’s operations, are sufficient to make out plausible First Amendment freedom-of-speech claims,” McAvoy wrote. “While the NRA may not be able to establish the factual predicates for these claims, it has presented sufficient allegations to allow them to go forward.”
 
William Brewer III from Brewer, Attorneys & Counselors in Dallas and New York City is the lead attorney for the NRA in the case. He said in a statement Tuesday evening that they are looking forward to proceeding with discovery, which they have said could reveal a deliberate effort to dismantle the gun lobby through state actions.
 As in other civil lawsuits, the NRA now has the ability to demand any documentation that might have bearing on the case. New York State can, and likely will, be ordered by the trial court to provide discovery material to the NRA legal team. Governor Cuomo has demonstrated a lack of accountability and hostility to the Constituion. His administration may be less than forthcoming with discovery.

Governor Cuomo has made a lot of enemies. It is hard to believe one or two of them would be above leaking documents the Governor would rather not be seen by NRA lawyers.

The discovery process will be worth watching in this case.

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

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