Monday, May 25, 2015

BBC Image: Al Shabab AK 47s, PKM Machineguns



I found the photo of Al Shabab marching, presumably somewhere in Somalia, interesting.  It gives a clear look at some of their weaponry.  As an organization that deals in terror, I would expect it to be extremely conscious of the image that it puts forth.   This likely explains the preponderance of  PKM light machine guns in the hands of the four rightward ranks of the front marchers (their right).

These are probably the most powerful weapons that are carried on foot by Al Shabab.  I only see those four, and it appears that other troops are equipped with AK 47s of various types.  At least one is a folding stock model.  I do not see any evidence of spare barrels for the PKM machine guns, though that means little. 

All the troops that I see are wearing sandals.  Much better than nothing.    It appears that some Mali soldiers wear sandals.  I do not know if they are standard issue.  The vast majority of pictures of other African troops shows them wearing boots.



The PKM uses the 7.62x54 rimmed round, which is not interchangeable with the 7.62x39 round that the AK 47 rifles are chambered in.    The ammunition belts  on the machine gunners are probably the standard 100 round model.  Perhaps they are being carried exposed to play to the cameras.   It seems a particularly bad way to carry them in combat, as it exposes them to tangle with leaves, twigs and grass, and to be caked in mud.

In most depictions of the PKM, the belts are fed from an ammunition box.  I would expect at least one or two helpers to work as a team with the PKM machine-gunners.  The helpers could carry additional ammunition, and perhaps the spare barrel.

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


Open Carry While Old, Sick, and Tired



I am mostly recovered from a nasty virus that I caught from my six month old grandson.  At times I was sleeping, or attempting to, 20 hours a day,  I could handle necessary chores, but simply trying to avoid coughing enough to breath comfortably, left me weak, and feeling too tired to exert myself.  Walking a couple of hundred yards was exhausting. 

I had to go to the store a couple of times for off the shelf medicine and some ice cream, which I normally eat little of.   I became acutely aware of how vulnerable I was.  I could not move fast.  I was so weak that a 12 year old girl could probably have taken me down.  It is difficult to stay aware of the situation around you during a coughing spasm.   I knew that my physical and mental faculties were severely degraded.   It was hard to write even one article a day.  Looking at it the next day, it was obvious that I was making grade school errors in spelling and grammar.

My mother had been the first one to tell me that growing old was not for sissies, and this seemed to be a precursor of times to come.  With luck, it happens to the best of us.

It pushed me to think more about carrying in a degraded physical condition.

First, I decided that open carry was advantageous.   My slow pace and weakened condition made me an obvious target for human predators.  Better that they be deterred by the presence of a gun than have to try to draw while under physical attack.   For the same reason, I moved the holster to a cross draw position, so that someone coming up behind me would have a much harder time grabbing the pistol and attempting a disarm.  Another bonus was that it put the pistol between me and the shopping cart that I used as an aid in the grocery store.   The shopping cart gave a little added protection and balance.   

The bulge in the right front shirt pocket is a smart phone with the lens peeking out.  It has excellent ability to record video/audio.   A small Velcro tab keeps it from flying out of the pocket.

I tried a fannypack system, but it seemed extremely slow, and added minimal deterrent value, though it eliminated an obvious disarm.

At least one fannypack system is specifically designed for people in wheelchairs.

I do not claim to have discovered any secret, foolproof method to protect yourself when you are old, sick, and tired.  There isn't any.  But being armed gives you some chance.   They do not call them "equalizers" for nothing.


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



AZ: Open Carry in Bullhead City Gun Shop, McDonalds


I was traveling up Arizona highway 95 from Yuma to Las Vegas to take care of some business.  I follow 95 through Bullhead City, to avoid crossing a little, but inconvenient, strip of California.   Just outside the southern city limits of Bullhead city, there is a gun shop, N.P. Gun Sales, on the east side of the highway.  I was looking for some 16 gauge buckshot loads, which are not that easy to come by.  It was a good excuse to check out the store.  The first thing that I noticed as I approached the door, was this sign.



As I was openly carrying a Glock 17, in a holster, the sign seemed reasonable and prudent.   Neil, the proprietor, was busy with some customers that were purchasing a suppressor when I came in, but attended to me as soon as he was able.   He did not have 16 gauge buckshot in the store, but said that he could order them.  When I told him that I was heading to Las Vegas, he said that I could probably find them there.  It was a nice stop, and I expect to stop again on the way back.

A few minutes later, after crossing the city limits, I stopped at a McDonald's to grab a bite.  While I was standing in line, a man approached me and thanked me for open carrying.



He said that this is why he had moved to Arizona from California, and that he was very glad to see that people actually exercised their Constitutional freedoms here.  He introduced me to his two sons.  I took their picture outside, where a shower had just wet the parking lot.  People have thanked me before, and it was obvious that this sign of freedom meant a lot to him.

The symbolism of open carry is something that not many people talk about, but it is clear that open carry is strong, effective, symbolic, political speech.   It shouts out "There are limits on government power!"

That statement is a powerful reason to openly carry.  It sends a strong message that encourages the friends of limited government, and dismays those who want an increasing powerful nanny state to control every aspect of our lives.

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

BBC Image: Thai Muzzle Brake on Upside Down?


I watch very little TV.  I do not like to corrupt the data flow.  But I happened to be in Las Vegas when my nephew was watching a BBC program on human smugglers in Thailand.  From BBC.com:
Manit told us his district had long been used by human traffickers to transfer migrants from boats to trucks. He wanted to stamp it out. But he was getting little help from the central government, or from local law enforcement.
The BBC correspondent was allowed to join a patrol off the coast.  In the video, the BBC is not shy about showing weapons, and they had a close up of this Petty Officer, First Class' muzzle brake.  Notice that the slots are all oriented to the bottom side of the brake.   This is 180 degrees out of how I would expect them to be oriented;  in this position, the muzzle blast is directed forward and down, pushing the muzzle up, and creating a potential signature by kicking up dust, dirt, or leaves that may be below the brake in a prone position.   I would not fault the Petty Officer, he was probably just issued the rifle.   But, I have to wonder what the unit armorer was thinking.

Perhaps I am missing something, as this is a Navy unit.

At first, I found the blaze orange/pink life vest a bit jarring, but I realized that they were unlikely to be wearing them if they thought a firefight might break out.   The chances for actual combat must be slim.



Here he is, in the prow of the vessel.






A nice shot showing the attached forward grip.  The receiver seems well worn.

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


Sunday, May 24, 2015

Tina Terry: How Gun Control "Worked" in Jamaica

Jamaica continues to have one of the highest homicide rates on the planet.  It has had draconian gun control policies for 43 years. 

Around 1972, the political situation in Jamaica had so seriously deteriorated that there were constant shootings and gun battles throughout the city of Kingston and in many of the outlying parishes (counties). In years past no one had even had to lock their doors, but now many people hardly dared venture out of their homes. This was especially true for white people, and even more especially for Americans, because of the real risk of being gunned down or kidnapped and held hostage by Jamaicans, who had become increasingly hostile towards whites and foreigners. My father took his life into his hands every morning simply driving to work. Going to the market or to do a simple errand was often a terrifying prospect. The open hatred and hostility which was directed at us seemed ready at any time to explode into violence, and indeed did so towards many people on many occasions, often with tragic or fatal results.

The Jamaican government decided that the only solution to this volatile situation was to declare martial law overnight, and to demand that all guns and bullets owned by anyone but the police and the military be turned into the police within 24 hours. The government decreed that anyone caught with even one bullet would be immediately, and without trial, incarcerated in what was essentially a barbed-wire enclosed concentration camp which had been speedily erected in the middle of Kingston. In true Orwellian fashion, the government referred to this camp as "the gun court."

More Here

AL: Man who shot drunk, abusive, Neighbor, found not guilty


Smith said authorities advised Childers it would probably be safer for them to spend the night elsewhere. He said after the police left, Childers returned to his home to get some things and spend the night elsewhere only Lorance was on Childers' front porch waiting for him. Smith said he was drunk and angry at his neighbor for calling police on him. Lorance was not armed, according to reports.

This was the point where it turned violent. Smith said Childers got out his Savage .22 semiautomatic rifle to scare Lorance off his property while his wife called 911 again. The defense goes that Lorance lunged at his neighbor and there was a physical confrontation, during which Childers fatally shot Lorance twice in the head.

More Here

MT: Wife Protects Husband by Shooting Bear



Taylor says her husband went out to investigate and the bear charged. She says she grabbed the rifle they keep near the dining room window and shot the bear in the head once.

Montana Fish, Wildlife and Parks game warden Tyler Ramaker investigated the shooting late Thursday morning.

More Here 

Update: Brandy Taylor shot the bear with a .22-250 rifle.  It was only 8 feet from her window.

NY: Armed Homeowner in Gun and Knife fight

State police say a homeowner on County Route 55 was sitting at a campfire with two women around 1:30 a.m. when they saw a man standing behind the house.

The homeowner went inside for a firearm and confronted the other man when he came back out. The two men fought and the homeowner was stabbed several times in the shoulder with an unknown weapon.

The homeowner fired one round from his firearm at the other man, who fled into the woods.


More Here


IA: Armed Victim Shoots Suspect



They were forced inside and the two suspects began to search the home. At this point, one of the alleged victims retrieved a gun and shots were exchanged between them and one of the suspects. According to police, the two suspects fled in a dark colored vehicle.


More Here

NC: Wounded Woman Shoots at Suspects

Smithfield, N.C. — A Johnston County woman was wounded late Thursday during an apparent home invasion, but she got some shots off herself at the fleeing intruders.

More Here

BBC: Somalia beach Guard with Leather AK Mag Pouches


As I watched a BBC news story about how order is being restored to Somalia, I could not help but notice the beach guard with his AK 47 and the very nice,  leather magazine pouches for 30 round magazines.   They seem to be attached to a load bearing system with shoulder straps.  From the uniformity of the pouches, it appears to be at least a local cottage industry.  The top flap seems to protect the magazines from sand, and I expect that in Somalia, a desert country, mold and decay are not huge problems. 

I wonder how the leather is cured.   I caused some finish damage to a rifle that I had, because I left it in a Mexican leather scabbard.  The Mexican leather was cured with a salt solution that promoted corrosion rather easily, I was told.

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

Nevada Gun Reform passes Senate and House



On  22 May, 2015, the Nevada House passed SB175, a bill that combined a ban on people who have domestic violence convictions with major firearm law reforms.   The domestic violence law mirrors federal law, so it will have little practical effect unless the federal law is repealed or struck down by some future court.   The bill passed the Senate 14 to 5, and the Assembly, 25 to 17.  Governor Sandoval is expected to sign it.

I am writing this article from Nevada, and these  gun law reforms are welcome.  They are similar to those enacted by a number of states as the electorate demands restoration of second amendment rights.  The major gun reforms are these:

1.  Extends the State castle doctrine law to occupied motor vehicles.

2.  Reforms reciprocity law to include states that require training and an available data base for law enforcement.  A list of states shall be made available to all law enforcement agencies in the State by July 1 of each year.  This should expand the number of states that Nevada recognizes.  Here are the States that Nevada currently recognizes:

  • Alaska
  • Arkansas
  • Idaho "Enhanced" Permit*
  • Illinois
  • Kansas
  • Kentucky
  • Michigan
  • Nebraska
  • New Mexico
  • North Carolina
  • North Dakota "Class 1" Permit*
  • Ohio
  • South Carolina
  • Tennessee
The reform is likely to increase the current number of states whose permits are recognized from 14 to 34 or more.  We will not know for certain until the list is published.

3.  State preemption law to insure that firearms laws are uniform over the entire state.

4.  Requires repeal of any local ordinance in conflict with the new law, including the Clark County registration ordinance.   If any person is adversely affected by local ordinances that do not follow state law,  local officials are subject to lawsuit and payment of three times damages, plus court fees and attorney fees.  Membership organizations whose members are affected may bring suit.

The Clark County registration has been a sore point for Nevada residents for years.  I have never registered firearms with them, as there is a 60 day grace period for registration.  The registration records are required to be destroyed as part of SB 175.


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











GA: Armed Man Holds Carjacking Suspect for Police

“He told me, ‘You know what this is,’” Fannin said.  That is when Fannin says he pulled his gun out.

“I asked him to get out the car, probably not in those exact words,” Fannin said.

“I told him no, there’s no leaving, leaving was before you hopped into my car ... at this point there is not leaving,” Fannin said.

The car owner kept the suspect, Edgar Horn, 61, at gunpoint face down in the parking lot for several minutes until police arrived.

More Here

TX: Homeowner Shoots at Suspect


The homeowner told police he shot the burglar, who then hopped into a charcoal-colored Toyota Corolla with three other men and sped away. Police are attempting to track down the suspects.

No one had been arrested as of Thursday evening.
More Here

Followup MI:Woman who shot Ex was Justified


BENTON TOWNSHIP - A Benton Township woman arrested last Friday after allegedly shooting her ex-husband in the leg will not be charged with a crime and has been released from jail.

Berrien County Prosecutor Michael Sepic said he declined to charge Pamela Ross, 50, in the shooting of Rolland Ross, 52.

It happened at about 3:15 p.m. at a house the two share at 2185 Holly St.

Benton Township Police Detective Lt. Brian Smit said police were called on a report of a woman having shot a man.

 More Here

MS: Robbery Suspects lose gun fight





Obeid, who watched the robbery on the store's surveillance video, said the two men continued to take items from the store.

"They went back in the office and took some more money," she said. "They ram-sacked the office and took the DVR system and monitor, then slammed them both."

Sollie said as the robbery suspects were exiting the shattered front door, a relative of the clerk pulled into the parking lot, exited his car and a gun battle ensued.

"My brother-in-law showed up and saw what was going on, so he automatically pulled his gun," Obeid said.

Her nephew also fired shots at the men, using a separate weapon, she said.




More Here

Minnesota Gun Law Reform Signed by Governor Dayton



Under the new law,  SF 878, Minnesotans will be able to legally purchase and own gun mufflers if they do so under the restrictions of federal law.  It is a step forward.

The law limits the ability of authorities to confiscate firearms during designated emergencies.

The possession of a permit to carry now constitutes the notification required to carry in court houses and certain state buildings.   People with a permit will not have to notify authorities in advance of their carrying in those areas.

Minnesota residents may now purchase firearms in any state in which it is allowed by that state's law and the Gun Control Act of 1968.

Recognition of permits from other states is changed from a list of states with "substantially similar" permit laws, to recognizing all state permits except those that are *not* "similar", with the list of those which are not similar to be published on the Internet by the Commissioner of Public Safety.  The Commissioner is appointed by the Governor.   The list of states that are not similar must be published annually.  The law goes into effect on 1 August, so we shall see if the Commissioner publishes a list before that date.

These reforms passed with considerable bipartisan support, and with large, veto proof margins.   Governor Dayton said that he would veto the gun reforms, but they were attached to an appropriations bill.  He would have shut down the State if he vetoed it as stated, so he signed the bill, and took credit for it instead.


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

Addenum: If a list of states that are *not* similar is not published, then all permits will be recognized.  The law places the burden on the Ccommissioner, not on the permit holders.



Saturday, May 23, 2015

Texas Knife Law Reform moving forward



There are two bills in the Texas legislature to reform the State's knife laws.  HB 905 adds knives to the state preemption law for firearms.  This will prevent people from unknowingly becoming criminals for local ordinances that they are unaware of.   The local ordiances are infamous for being selectively enforced.

The second bill, HB 3884 decriminalizes arms that are clearly protected under the second amendment, highly desired knives such as Bowie knives, daggers, swords, and spears.  Strange as it may seem, these knives were made illegal to carry during reconstruction in the 1870's, and the law is still on the books. 

Both bills are very popular, and passed the House unanimously.  Now they have passed the Senate Committee on Criminal Justice unanimously, and have been recommended for the "Local & Uncontested" list, where bills that are non-controversial are  passed in an expedited manner.  

It appears that the popular knife reforms are on the fast track.

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

TX: Open Carry Passes Senate, with Dutton Amendment, on to Governor Abbott


Senator Whitmire, D Houston, during his non-filibuster filibuster.


I just watched hours of debate in the Texas Senate on Committee Substitute HB 910.  The Senate Committee had removed the Dutton amendment, that stipulated that the police could not stop you for merely exercising your right to carry openly, and ask for a permit or license.    Here is the amendment:
CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.
The debate over this amendment, amendment 9 in the Senate, grew almost farcical at times.  Senator Whitmire, Democrat from Houston, a senator for 32 years, engaged in what amounted to a mini-filibuster.  It appeared clear that he was simply trying to delay, delay, delay.  It shows how incremental violations of rights lead to greater and greater violations of rights.  He made the claim that no probable cause was needed to ask for a license, because  game wardens,  and people involved in maritime activities could be stopped and asked for licenses.   Those infringements on 4th amendment rights were being used to justify more infringements.

He said that he is not filibustering, as he essentially filibustered.

He said that  African Americans are only 7 percent of CHL holders, thus implying that harassment of open carriers was not an important issue.

He must have know he did not have the votes, or he would not have kept blathering.  At the end he admitted the obvious, and said that he opposes the amendment, and would oppose the bill afterward.

Then Joan Huffman, a nominal Republican from Houston, got the floor and gave a face to the term RINO.   She repeatedly tried to obfuscate about the amendment, in my opinion.  I lost all respect for her.   At one point, she said "No one is infringing on their second amendment rights."   I could have given her a dozen examples to prove her wrong, but I am not a Texas Senator.



Eventually she asked for a recess to print copies of an amendment.  Her five minute break ran over to 30 minutes, only to withdraw the amendment to the amendment after a procedural challenge.  It appeared to be a calculated delaying tactic.  As much as she claimed otherwise, her actions seemed motivated by a desire to kill the bill.

Why was there such intense debate over this amendment, which legally, did very little?  Simple.  If the amendment passed, the bill did not have to go back to the house, and would go directly to Governor Abbott.  A vote for the amendment was a vote to pass open carry, with no more legislative games.  That is exactly what happened.
 
Finally, the Senate voted on amendment 9 and passed it 19-12.  Then they passed the third reading vote, 26 ayes, 5 nays.

Then they moved to suspend the constitutional three day rule:  26 ayes, 5 nays.

Final Passage:  20 ayes, 11 nays.

Now the bill will go to Governor Abbott, who has pledged to sign it.  There will be a few days to meet the legal requirements, but it appears that open carry will become the law in Texas on 1 January, 2016.

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

Breaking update: There is a minor wording difference in the Senate bill.  The House may need to concur with the Senate bill to send it to the Governor.  This should be a simple procedure with no scheduling games, and no amendments.

Open Carry, HB 910 Substitute, in Texas Senate now



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

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

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

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

TX: Credible Rumors on Jihadist Shooting at Free Speech Event



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

Update
8:03pm

one officer shot, non life threatening


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

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


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

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

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

But Al Jeezera just ran it...and OAN


Showing up on ISIS twitter feeds too..
.

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

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

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

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

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

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

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

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

Friday, May 22, 2015

NRA: Gun Control’s Branding Problem

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

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

More Here

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

Bob does a good job with this article.

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

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

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

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

More Here

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



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

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

More Here

SC Followup: Both claim Self Defense, Both Arrested



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

More Here

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



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

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


More Here

TX: Wounded Suspects of Home Invasion are Recovering



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

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

More Here

FL: Shots Fired at Burglary Suspects



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

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

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

More Here

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



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

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

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

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

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

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

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




TX: Popular Knife Rights bills Bottled up by Democrat



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

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

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

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

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


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


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

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

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

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

Thursday, May 21, 2015

TX: Truck Burglary Suspect Shot



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

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

More Here

FL: Home Invasion Gunfight, no Charges?

Unusual that the homeowner does not wish to press charges.

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

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

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

TX: Wife Shoots man Assaulting Husband


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

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

More Here

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


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

http://patriotpost.us/posts/35295

TX: Open Carry Statement of Intent in Texas Senate Committee

 

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

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

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

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

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

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

Open Carry in Lordsburg, NM


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

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

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

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

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

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

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

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



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

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

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

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

More Here

From Metrocosm.com: NFA Registered Weapons by State



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

Wednesday, May 20, 2015

MI: Armed Dialysis Patient stops Armed Robbery



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

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

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

More Here

SCOTUS Ruling Stops Police Taking Away Guns



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

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

There, he finally received his "yes" answer.

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

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

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


Move to attach Campus Carry to the Texas Open Carry Bill



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

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

Dear Members of the Texas Senate:

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

Thank you,

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

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

Here is the email list:

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

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

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

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

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

RI: Supreme Court Enforces Shall Issue law




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

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


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


 Link to video

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

Dean Weingarten

Tuesday, May 19, 2015

CA: How many unsolved Homicides are Self Defense?

Benjamin Jasper Carter


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

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

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

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

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

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

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

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

Al: Domestic - Gun v. Boxcutter



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

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

More Here

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


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

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

More Here

AL: Gun beats Brick



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

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


More Here

Fl: Dog owner shoots Pit Bull to save his pet


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

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

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

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

More Here

PA: Woman Saved by Armed Citizen





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

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

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

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

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

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

More Here

OH: Armed Store Owner Stops Robbery attempt



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

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

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

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



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

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

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

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


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

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

The lawsuit is not challenging those restrictions.

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

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

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

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


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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TX: Open Carry Passed out of Senate Committee, Amended



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

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

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

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

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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TX: Sheriff Appreciates Armed Homeowner



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

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

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

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

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

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

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

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




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


 Definition of  disarmist 

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