Saturday, July 31, 2010
"Armed Citizen" update
There is an update over at Armed Citizen about their battles with copyright piranha "Righthaven". There are a couple of addresses given there for you to write to if you would like to help.
Note that although all the past content on "Armed Citizen" has been taken down, everything they have covered over the last few years was also covered on this blog so is still available in the archives here. The difference between this blog and "Armed Citizen" is that this blog covers general gun news as well as reports of self-defense shootings by citizens.
Another difference is that I very rarely put up more than a short excerpt of a report -- which makes this blog an unlikely target for a copyright suit. "Armed Citizen", by contrast, reproduced whole articles at times.
Montana: Robber shot by supposed drug dealer: "Schloss is accused of being involved in a Dec. 5 robbery attempt that went awry and ended in gunfire inside a vehicle. Court documents state that Schloss was involved in a shootout with David Michael Palumbo on Four Mile Drive west of Kalispell. A charge of attempted homicide against Palumbo was dismissed on May 10 after defense attorney Jennifer Streano noted evidence from the CR-V was destroyed after the Flathead County Sheriff’s Office returned the vehicle to Robert and Leslie Hanger, Bo Hanger’s parents, without letting the defense attorney inspect it. According to court documents, Palumbo said the shooting was in self-defense and that Schloss fired at him first. Schloss allegedly picked up Hanger at a Whitefish Bar on Dec. 5 and asked him if he wanted to make $150. The two allegedly planned to rob Palumbo, a supposed drug dealer from Evans, Wash. Schloss and Hanger picked up Palumbo outside Walgreens in Kalispell and proceeded to Four Mile Drive in Hanger’s CR-V. A 9-mm handgun later was found along Four Mile Drive. A magazine in the gun matched a magazine found in Schloss’ pocket at the hospital, court records state."
AK: No charges filed in Denali National Park grizzly shooting: "In a case that could establish a precedent for gun rights advocates, no charges have been filed against a hiker who shot a grizzly in self-defense in Denali National Park on May 28, 2010. The man and his girlfriend--their names were not released--were hiking in brushy country near Tattler Creek when he heard noise to his right. He drew his .45 caliber semi-auto handgun. A grizzly came out of the brush 25 feet away and charged. The man fired seven to nine rounds. The shooting occurred three months after Congress passed a controversial law allowing people to carry loaded guns in National Parks. However, it's against the law to fire a gun in a National Park. The Fairbanks Daily News-Miner reports that "state law in Alaska allows the killing of wildlife in defense or life or property."
GA householder fires at robber, gets arrested!: "Albany police report that Yasmine Walker, age 15, who was shot in the hand last night the 400 block of Alice Avenue was involved in an attempted burglary. Police say Cecil Tyson, the occupant of the house at 439 Alice, fired numerous gun shots as someone was attempting to break into his home. Tyson, 58, has been arrested and charged with reckless conduct."
Truckers attack onerous Califonia ammo law: "The California law mandates that handgun ammunition be labeled as such, but OOIDA noted in its filing that the federal label, Other Regulated Materials-Domestic (ORM-D), not only covers ammunition, but perfumes, aerosol cans, beer and other commodities, so truckers won’t know if they’re hauling ammunition or not and hence breaking the law. The law further states that delivery or “transfer of ownership of handgun ammunition may only occur in fact-to-face transactions with the deliverer or transferor being provided bona fide evidence of identity from the purchaser or other transferee.” OOIDA says that would place impossible demands on carriers and drivers, who would also have to get signatures from the packages’ addressee, perform an identification check in some instances and determine which calibers are handgun ammo, among other things."
Friday, July 30, 2010
NV: Murder charges dropped against man in gang-related incident: "Murder charges against a 20-year-old man were dropped on Thursday after prosecutors determined that he fired a handgun at someone in self-defense. Allen Duplan was arrested this week, five months after Las Vegas police said he fired into a vehicle outside his house at 2843 Beacon Falls Way, near Vegas Valley Drive and Nellis Boulevard. One of the people in the car, Angel Olivera, later told police he drove onto Beacon Falls Way with a pellet rifle hanging out the window. Duplan told police he was scared and thought the suspects were going to do a drive-by shooting and that he fired the handgun at the vehicle to try to scare them away. Sanchez was in the back seat and was shot in the head. She died two days later."
OH: Would-be robber shot by potential victim: "A man was fatally shot yesterday while trying to rob someone in a North Side parking lot, Columbus police said. Shawn Mitchell, 23, died behind 6121 Zumstein Dr. after being shot about 5a.m. Police said Mitchell was trying to rob a person in a parked car and was shot by that person. Police would not name the shooter but said evidence in the case will be given to a grand jury.”
CO: Gun owner sues city: "Loveland resident Bill Miller wants $100,000 and a policy change from the Loveland Police Department. The 72-year-old man sued the city in U.S. District Court in Denver this week, claiming officers violated his constitutional rights in 2008 when they stopped him at Lake Loveland for carrying a gun. … Miller was sitting on a bench overlooking Lake Loveland on Oct. 7, 2008, with a holstered handgun. He carries a gun to advertise his custom holster business and to open a dialogue about every American’s Second Amendment rights, according to his lawsuit. However, others enjoying Lake Loveland saw the gun, worried and called police. Officers approached Miller to check out the complaint.”
One month after McDonald: "One month ago, the Supreme Court held in McDonald v. City of Chicago that states, not just the federal government, are prevented from violating Americans’ Second Amendment right to keep and bear arms. The Supreme Court did not, however, define the full scope of the right, nor the standard of review by which challenged statutes will be judged. In other words: It ain’t over yet. A number of pending lawsuits across the country will further shape how the Second Amendment will be applied.”
Thursday, July 29, 2010
IN: Suspected robber shot on Northside: "A suspected robber was shot by his intended victim this morning on Indy's Northside, police said. Derek Schafer, 39, Indianapolis, told police he was driving a 1992 black Lexus looking for an apartment to rent at Fairfield and College avenues at 3:45 a.m. when he was approached by a man who demanded money. Schafer said he gave the man $6 and then engaged in a scuffle with him, according to an Indianapolis Metropolitan Police report. During the altercation, Schafer pulled out a handgun and shot Colen A. McDade, 25, in the stomach. McDade was found a few minutes later sitting on a porch at 3502 N. Guilford Ave. He was taken to Methodist Hospital and his condition was unknown."
HI: No charges against dad in son's shooting: "Authorities have dropped a case against an Laie man originally suspected of shooting his son, and have instead charged the gunshot victim with robbery relating to the incident. Kip Orton, 41, of Laie was shot in the upper-right chest Sunday at his family's Naupaka Street home. But as he was being discharged Monday from the Queen's Medical Center, police arrested him. He was charged with first-degree robbery and made his first court appearance yesterday. A police affidavit said Kip Orton kicked open the locked door of his parents' bedroom Sunday and demanded cash and prescription pain medication. The son brandished a knife as he made his demands, the affidavit said. Kenneth Orton told his son to leave his mother alone and picked up a handgun belonging to Kip that Florence had found in the son's bedroom the previous day, the affidavit said. The two men "grappled" over the gun, and when Kip Orton tried to take the gun away from his father, the weapon fired and the son fell to the floor, the affidavit said."
The reluctant gun owner: "I had never wanted a gun. Now I own a Smith & Wesson revolver. Why? I wasn’t happy about the errand, but my husband was. He had awakened me that morning like a kid getting ready for a fishing trip. ‘Are you excited?’ he asked. ‘No.’ Early in the day, I’m a person of few words. When I’m upset, words dwindle away altogether. ‘Look at it as an adventure!’ he proposed. I looked him in the eye: ‘I’m going to buy a gun. I said I would, and I will. But that doesn’t mean I’ll enjoy it.’”
How many bullets do you need in your home defense handgun?: "A handgun is not a shotgun. A handgun doesn’t fire as much lead as a shotgun. A handgun is harder to aim than a shotgun. Provided the shotgun in question is loaded with double ought buck and fired from a relatively close distance, the disparity in lethality is so great that many security experts pose the following question: what’s the main purpose of a home defense handgun? To fight your way to your shotgun. This much is true: if you’re trying to stop someone from killing yourself or your loved ones using a handgun, you’re going to need to pull the trigger more than once. So you’ll need more than one bullet. But how many?”
Wednesday, July 28, 2010
More on the copyright problems that took down "Armed Citizen"
Anything reproduced more than 3 months ago should be safe from a big penalty
To file an infringement suit in court, a copyright holder must first register the work in question with the U.S. Copyright Office. In addition, to qualify for statutory damages, the copyright holder must register the work within three months of publication of a work or prior to its infringement. In the case of The Armed Citizen, for example, the Las Vegas Review-Journal published an article entitled “Slain Store Clerk, 77, Mourned” in its print edition on May 17, 2010.
Three days later, Burnett posted the article in its entirety on The Armed Citizen, minus the authors’ names but including a link back to the Review-Journal. At some point, Righthaven discovered The Armed Citizen’s post. It registered the article with the Copyright Office on July 6, 2010, thus meeting the requirement that will allow it to seek statutory damages if it can prove that Cramer and Burnett knew they were committing infringement.
While it costs at least $35 to register a work with the Copyright Office and another $350 or so to file a lawsuit, the potential pay-off can be huge. A single instance of willful infringement can yield statutory damages of $150,000...
At Chillingeffects.org, a website that aims to protect Internet users from unwarranted legal threats, a FAQ advises that “the fair use doctrine, as currently interpreted by the courts, probably would not entitle you” to “copy an entire news article from a commercial news website and post the article on [your] site.” In an Online Media Daily article that reported on several of Righthaven’s earliest lawsuits, Sam Bayard, assistant director of the Citizen Media Law project, stated, “It’s unlikely that there’s any kind of fair use defense for simply posting an entire article, regardless of the motivation or beliefs about the law.”
Facing the specter of imposing fines, and lacking strong arguments for fair use, an out of court settlement is the least nightmarish scenario for many of the individuals and mom-and-pop organizations Righthaven has sued to date. With six full-time employees and an annual budget of around $1 million, NORML, the pro-marijuana advocacy organization, is likely one of the larger entities that Righthaven has sued. In addition, in NORML’s case, Righthaven was not eligible for statutory damages because it hadn’t registered the article it accused NORML of infringing within three months of its publication at the Review-Journal.
Even so, NORML eventually decided it made more sense to propose a settlement than to sink time and money into what could end up being a lengthy and expensive defense. “The cost of paying attorneys is what firms like Righthaven rely on,” Clayton Cramer charges. “The threat of having to spend thousands to tens of thousands of dollars on a defense pretty well guarantees that they can demand a settlement that is of similar scale—and get it.”
AL: Man shot by woman in self-defense: "A 24-year-old Troy man died early Monday in a Birmingham hospital after he was shot in a local residence around 1:30 a.m. Troy Police responded to the reported shooting in the 100 block of Rose Circle, where James A. Jones was shot.. “It appears at this stage the actions of the shooter were in self defense,” Anderson said. “There has been from what I understand a history of calls (to the police department) from the female in prior occasions regarding the male.” “It’s too early to say what if anything we’ll do, but right now, at this stage, it appears to be the result of something the shooter believed necessary to defend herself,” Anderson said."
It isn’t about hunting: "The Second Amendment to the Constitution is clear. It reads, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Liberals (and even some fellow Republicans) seem to believe that this amendment relates to hunting. But, as much fun as hunting is, this amendment is not about hunting. he Second Amendment is about being able to defend our freedoms, even against a tyrannical Government if necessary. Occasionally, folks ask me when we are going to need to get the guns out. I always tell them not yet. We need a revolution in the Halls of Congress first."
Tuesday, July 27, 2010
Florida home invasion results in death of robber: "Investigators said Vernet, Pascal and another man startled two of the residents of a home on Teal Court sometime around 1:43 a.m. The suspects are accused of binding the two residents' hands with zip ties and duct tape. While the suspects approached the bedrooms of the other two residents, one of the bound victims broke free and reached for his gun, firing several shots at the suspects. Detectives arrived and said that none of the residents was injured during the home invasion. About 13 miles away, a witness told officials he spotted a white van driving erratically in Osceola County. The witness also said he spotted a man's body on a driveway. Detectives later identified the body as Pascal. He had a red towel wrapped around his head that was used as a mask, the report shows. He died from several gunshot wounds."
WA: Aggressive panhandler shot outside McDonald’s: "A 61-year-old man was jailed Saturday afternoon after he allegedly shot a man who aggressively begged for money outside a McDonald’s in downtown Everett, according to Everett police. The alleged shooter lives in Marysville... Police said he was asked for money on his way in just before 11:30 a.m., then went inside and ordered something to drink, and on his way out he was panhandled again. The beggar, a 41-year-old man carrying Kentucky identification, followed the Marysville man out to his small pickup, police said. The older man grabbed a handgun and fired one shot into the beggar’s abdomen, police said. The Marysville man stayed at the scene and then was interviewed by detectives at a police station. Officers “were not satisfied this was self-defense,” and booked him into jail for investigation of first-degree assault, said police Sgt. Robert Goetz. The shooting victim was in surgery Saturday afternoon and was in serious condition, Goetz said.
Gun Control Advocates Make up Facts about Concealed Handgun Laws: "The Brady Campaign and the Violence Policy Center keep claiming that even those individuals who have legally obtained permits to carry concealed handguns are extremely dangerous.... But the gun control advocates inaccurately describe many shooting cases, choosing to ignore that the majority of incidents involve people properly defending themselves. Over the past three years, the number of active permit holders in the United States has gone from about 5 million to more than 6.2 million today. The numbers issued by the state regulatory agencies show time after time that these permit holders abide by the law."
House Expected to Vote on Bill to Protect Guns From Claims of Creditors in Bankruptcy Cases: "The U.S. House of Representatives is expected to vote tomorrow (Tuesday, July 27) on a bill that would protect guns from the claims of creditors in bankruptcy proceedings (H.R. 5827). The national gun violence prevention organizations Brady Campaign to Prevent Gun Violence, Coalition to Stop Gun Violence, GunFreeKids.org, Legal Community Against Violence, Protest Easy Guns, and Violence Policy Center are adamantly opposed to the legislation. The groups warned that H.R. 5827--which would protect guns up to an aggregate value of $1,500--is only the latest wrong-headed idea from the gun lobby that would protect guns at the expense of families."
Monday, July 26, 2010
TX teen shoots back: "The argument led to gunfire with someone shooting at the teen. The teen then retrieved a gun from inside and also began firing. As people scattered, the older man with whom the teen argued was shot in the head. The teen was shot in the lower leg and ran back inside the house. The man with the head wound was taken to University Hospital by AirLife and was in stable condition, Porter said. Two people inside — believed to be the teen's relatives — left the home while the young man remained inside for about three hours before surrendering to police. No charges were immediately filed."
Tenn.: Robber shot by homeowner: "Investigators have charged 34-year-old Benjamin K. Fowler with two counts of felony murder. Fowler and Ronald H. Carter III are accused of breaking into a South Knox County home. It happened around 1 on Saturday morning at 8736 Highland Circle. Investigators believe the men were after drugs and opened fire killing 32-year-old Robert Doyal and 63-year-old Judy Adams. According to investigators, the homeowner grabbed a gun during the incident and returned fire, killing Carter. Fowler was arrested when he was discharged from Blount County Memorial Hospital this afternoon. He had run from the scene and called a relative to take him to the hospital, where he was treated for a gunshot wound to the hip."
MO: Probation only for shooting a gangbanger: " In the spring of 2009, Pulley had been assaulted on a bus by some teenagers. Two months later, Pulley was on a bus and saw a young man whom he believed had been the lead assailant. Pulley called the police and when the young man transferred to another bus, Pulley, who was armed and had a conceal carry permit, followed. When the young man got off the second bus, Pulley followed again. He confronted the young man on the street and shot and killed him. The victim was Brandon Colenburg ... He had a tattoo that indicated he was a gang member. The jury convicted Pulley of second-degree murder, which carries a minimum sentence of 10 years, and the jury recommended that the judge put Pulley on probation. Which is what Circuit Court Judge Timothy Wilson did Thursday morning."
Australia: Man shot while trying to rob security truck: "A man shot during an armed robbery on Sydney's northern beaches this afternoon has died, Royal North Shore Hospital says. The man, who is believed to have taken part in a robbery, was taken to Royal North Shore Hospital in a critical condition. The shots were fired outside the Dee Why RSL as a security van picked up cash from the club. The club's community relations manager Martin Phillips told the ABC that witnesses had reported seeing the alleged robber dressed in a security guard uniform. "A guard van got set upon, shots were fired and I do believe that the person who got shot was the actual robber who was attempting to take the vehicle," he said."
Sunday, July 25, 2010
CA: Lovesick home invader shot: "The man fatally shot July 17 in the Orange County home of a girlfriend was a former Whittier resident whose family ran one of the city's oldest bail bonds business. Authorities said a 51-year-old Arizona man who was a house guest shot Dean Patrick Maldonado. The man wasn't arrested. On July 17, Amormino said Maldonado called a female friend then just before midnight went to the woman's house in the 21300 block of Stonetower Drive in Rancho Santa Margarita. He believes the woman was a prior girlfriend. Maldonado entered the house through an unlocked sliding door. "She had a male houseguest there. Something led up to the shooting," Amormino said. "There was some screaming and yelling heard before the shooting." He said Maldonado was shot at least twice in the upper body and died at the scene."
OH: Off-duty officer shoots at would-be robbers: "An off-duty Highland Heights police officer was the victim of an attempted robbery early Saturday morning in Cleveland, police said. He told Cleveland Police that while walking with the woman to his vehicle they were approached by three black males. As the men approached, one of them produced a handgun, pointed it at the off-duty officer and demanded money, Morris said. He then identified himself as an off-duty police officer and slowly back pedalled to his vehicle. Subsequent to reaching his vehicle, he was able to retrieve his off-duty weapon and discharged one round at the suspects, Morris said. The suspects fled the scene on foot, police said. It is not known at this time if any of suspects were hit when the shot was fired. The officer and his friend did not report any injuries, Morris said."
Packing heat in AZ to become easier soon: "The Wild West is about to get wilder - on Thursday, Arizona will join Alaska and Vermont as one of the states with the country's most liberal gun laws. Senate Bill 1108 removes the requirement that gun owners must be trained and licensed to carry a concealed weapon. Arizona already allows for "open carry" - anyone not legally prohibited from possessing a firearm, such as convicted felons or those adjudicated mentally incompetent, can carry firearms in public as long as they are clearly visible. After Thursday, the requirement that weapons be displayed openly will be dropped, and anyone who is not a "prohibited possessor" will be able to carry concealed weapons. The new law will not remove restrictions on places where it is forbidden to carry weapons, including schools"
Saturday, July 24, 2010
KS: Charge dropped in mall gun case: "The city of Topeka has dropped its criminal case against Matthew C. Roberts, who openly carried a handgun in a holster inside West Ridge Mall, then was convicted in Municipal Court of transporting a firearm in a vehicle. Roberts later appealed his conviction in Shawnee County District Court. Assistant city attorney Craig Spomer filed a district court document Thursday dismissing the charge against Roberts with prejudice, meaning the city can't refile the case. "Because of the appeal and the city's dismissal, the Municipal Court conviction and sentence are hereby void," Spomer wrote. Carl Folsom III, an attorney representing Roberts, said the city dismissed the transporting charge in exchange for Roberts' agreeing to release the city from civil liability. Folsom had contended the city violated Roberts' Fourth Amendment rights by detaining him without reason to think he had committed a crime."
Gun control doesn’t work: "If firearms were indeed as inherently dangerous as gun control advocates suggest, there should be millions of crimes, murders, suicides, and accidents involving firearms each year, and those numbers should be escalating since the total number of firearms and firearms owners have risen substantially over the past few years. In reality, numbers of firearms related crime and accidents have steadily dropped while gun sales have gone through the roof and more states have liberalized laws dealing with the carry of arms in public. Independent, peer reviewed studies show that firearms are used 5 times more often to stop crime than to commit crime.”
Tight budgets and fewer cops; time for citizens to “arm up”‘: "Plunging government revenues may have the unintended consequence — so far as tax-and-spend (and spend some more) public officials are concerned — of reminding people that we are ultimately responsible for our own safety. The pie plate is empty and inevitable cutbacks in important public services, including law enforcement, are on the horizon. It is already happening in Oakland, CA where the police chief has announced that officers will no longer respond to a broad list of crimes, if department layoffs go as planned.”
If armed, the good guys can win: "Thomasson claims that the Supreme Court, while deliberating this decision, ignored the fact that "258 school children were injured by guns in Chicago, 32 of them fatally, in a short period." Injecting sanity into the gun debate, the correct way to say this would be "258 children were wounded by evil people who used guns illegally." Further, these shootings occurred before the court had ruled that the gun laws were unconstitutional. How, then, if guns were illegal, did these children come to be wounded by people with guns? Necessarily, people so evil as to be indifferent to injuries, including fatal injuries, to children, would also be indifferent to laws forbidding guns. What value, then, are such laws? It seems, then, that before the decision, the bad guys in Chicago were armed. The issue, in the McDonald case, was whether good guys could be armed to defend themselves against the bad guys whom we know, from the casualty statistics cited by Thomasson, to be already armed".
Friday, July 23, 2010
Clayton Cramer's Armed Citizen blog has just been shut down by a copyright lawsuit. The suit is fairly frivolous as the blog is probably NOT in breach of copyright. The plaintiffs probably just want "go away" money.
What appears on Clayton's blog and this one would appear to be covered by the "Fair use" provisions of copyright law. Fair use is a legal doctrine that recognises that the monopoly rights protected by copyright laws are not absolute. The doctrine holds that, when someone uses a creative work in way that does not hurt the market for the original work and advances a public purpose - such as education or scholarship - it might be considered "fair" and not infringing.
If you want to help Clayton out, log on to his site. He gives various addresses you could use to lodge a protest.
As I have the means to defend lawsuits, I myself would not be intimidated by a lawsuit so this blog will continue. A matter of concern, however, is that the bloghoster for this blog may be buffaloed into shutting me down. So right now take a note of where the mirror sites of this blog are hosted. If the main blog is shut down, the mirror sites will continue.
La.: Shot robber convicted: "A Covington man has been convicted of an armed robbery in Kenner, in which the businessowner shot two of the would-be assailants, killing one of them. German Alberto Hernandez-Zuniga, 25, a native of Honduras, faces up to 99 years in prison in the Jan. 29 robbery of Dream Communications & More, a wireless phone business that also cashed checks in the 3200 block of Willliams Boulevard. He was shot twice by the business owner, who fatally wounded Angel Armando Hernandez, 34, of New Orleans. The Kenner Police Department and prosecutors determined the shooting was justified. The owner and an employee were leaving the business with a week's worth of cash receipts in a bag when three masked men approached them in the parking lot. Believing they would be killed, the owner pulled a gun and fired. Hernandez-Zuniga stumbled away and was arrested at the scene. The owner held him at gunpoint until officers arrived"
CA: Woman appeals weapons conviction to federal courts: "A Stanford-educated surgeon who lives in the Santa Cruz Mountains has asked a federal judge to block her 60-day jail sentence on a 2007 conviction for brandishing a BB gun, arguing that her case marks an early test of a recent U.S. Supreme Court ruling applying Second Amendment rights to the states. In court papers filed Monday, lawyers for Barbara Saldinger are seeking an emergency stay of her County Jail sentence, which is set to be imposed on July 28 if she does not get a reprieve in the federal courts. Saldinger sued in federal court in Oakland, pressing her appeals further after being turned away last week by the California Supreme Court.”
FL: ACLU lawsuit gets widower his guns back: "With the slide of a drawer beneath a bullet-proof glass window at a police evidence warehouse, Robert Weinstein’s Second Amendment right to possess firearms was vindicated on Wednesday. … Earlier Wednesday morning at the Broward County courthouse, Circuit Judge Dale Ross ruled in favor of Weinstein’s petition by the [ACLU] of Florida.Broward Sheriff’s deputies seized the handguns in February, saying they believed he was about to shoot himself out of despair. … ‘Mr. Weinstein, you seem like a wonderful human being,’ Ross told him after a 20-minute hearing. ‘I apologize for having to bring you down here. I honestly don’t know why they were taken from you.’”
Thursday, July 22, 2010
CO: 1 Robbery Suspect Killed, 2 Others On The Loose: "Sonny Jackson with Denver police said officers were called to the 2300 block of South Williams Street at 11:35 p.m. When they arrived they found a man suffering from a gunshot wound. He was transported to Denver Health Medical Center where he died. "Through the investigation Detectives learned two males and a female where visiting the residence," Jackson said in a prepared statement. "During this visit, the three-armed visitors attempted to rob the people living there. One of the robbery victims was able to seize control of one of the robber's guns. He then shot one of the male suspects... Wednesday afternoon police identified the shooting victim as Daniel Deleon, 32. He died from a single gunshot to the chest. The district attorney's office will decide if the shooter is charged with anything or if it ends up as a case of self-defense."
Irish gun owners can now shoot intruders: "Irish homeowners can now legally use guns to defend themselves if their homes are attacked under new legislation. The new home defense bill has moved the balance of rights back to the house owner if his home is broken into "where it should always have been", say top Irish police. The police association of superintendents and inspectors, the AGSI, stated that “the current situation, which legally demands a house owner retreat from an intruder, was intolerable". The new bill was published by Justice Minister Dermot Ahern yesterday. Under the bill homeowners will be allowed to use "reasonable" force against intruders to defend themselves, others or their property. This includes lethal force, depending on the circumstances. Justice Minister Dermot Ahern stated that house owners could use guns in self-defense"
No guns for you — you’ve slammed doors very hard: "In a few states — including New Jersey — people need a license to even get a firearm to keep at home, and the police may deny such a license if they think the person poses a danger to others. This isn’t limited to getting concealed carry licenses; it applies to having a gun in the first place. And it isn’t limited to people who have been convicted of a felony or a violent misdemeanor, or even to people who have been found by a preponderance of the evidence to have committed or threatened violent acts (that’s the standard usually used for domestic restraining orders).”
SAF sues in New York to void “good cause” carry permit requirement: "The Second Amendment Foundation has filed a federal lawsuit against Westchester County, New York and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show ‘good cause.’ SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky’s denial was because he could not ‘demonstrate a need for self protection distinguishable from that of the general public.’”
Wednesday, July 21, 2010
CO: Grandfather Killed Intruder In Self-Defense: "Denver prosecutors will not charge a 62-year-old grandfather initially arrested in a weekend killing, saying Filberto Alderete acted in self-defense when he shot a man trying to forcefully enter his home. It appears Alderete fired one or two warning shots before shooting 36-year-old Jesus Sifuentes Jr. during the confrontation on his porch early Sunday morning... The deadly shooting occurred as a group of people was involved in an altercation outside Alderete's duplex at 3436 West 18th Ave. about 12:35 a.m. Sunday, authorities said. Neighbors told 7NEWS that Alderete, a Vietnam veteran, had been repeatedly harassed by neighborhood gang members. Kimbrough said the investigation showed that "Mr. Sifuentes was the only person who went up on the porch." "Mr. Sifuentes was in the process of unlawfully gaining entry into the home when he was shot and killed by the homeowner," Kimbrough said. Sifuentes died from a gunshot wound to the torso"
CA: Woman shoots intruders: "An official statement today from the Long Beach Police Department indicates that two males may have been fleeing from an assault when they ran onto the roof of a North Long Beach home, leading to a confrontation with the homeowners and gunshots that left one of the suspects dead. According to interviews with the woman who fired the weapon and her husband, detectives are now saying that both of them armed themselves with handguns when they heard noises on their roof and saw people drop down onto their fenced-in front lawn. The noises sounded like footsteps and the couple yelled through the window, demanding that the people on the roof leave. When they dropped down from the roof to the front lawn, the couple confronted them on the lawn with handguns. One of the suspects approached the woman, 57, and she fired two rounds into his upper torso. The victim died.... both residents of the home where the shooting occurred have been released"
NV: Elderly homeowner holds burglar for police: "A 70-year-old Reno man used a handgun to stop a would-be burglar at his home. Reno Police say Ron Stewart answered the door at his home on Locust St when police say 22-year-old Samuel Flores forced his way into the house. After a short struggle, Stewart grabbed his handgun (which he had in the house) and kept Flores at bay while the police were called. Reno police took Flores into custody where he will be charged with burglary and battery of an elderly person. Stewart was not injured in the altercation.”
North Carolina Man Holds Burglary Suspect At Gunpoint: "A Charlotte man caught a burglar in the act and held him at his home until officers arrived, Charlotte-Mecklenburg police said. The homeowner told police he returned to his Park Crossing home on Saturday and found a man attempting to steal his pickup truck. He said he pulled into his driveway, blocking the suspect, 19-year-old Terrell Webber, from backing out in the truck. “Right in his garage, in his pickup truck, and half-backing out of the garage,” Charlotte-Mecklenburg police officer Steve Whitesel said. The victim then got a shotgun and held Webber until police got to the home. “I’m not sure where the shotgun came from, but he retrieved it and held the guy there until we got there,” Whitesel said. Police said Webber had taken a TV, jewelry and other items from the home and had them in the truck."
Tuesday, July 20, 2010
Florida ACLU does the right thing for gun owner
State branches of the ACLU are occasionally more genuine than the national body
Fort Lauderdale lawyer Barry Butin, a cooperating attorney for the ACLU of Florida’s Broward Chapter, is representing the gun owner, 85-year-old retiree Robert Weinstein.
Weinstein, a retired bar and restaurant owner, had his weapons seized in February after his wife of 61 years died. He had complained to the Broward Medical Examiner’s Office that his wife’s ashes had been missing for three weeks and he had not been able to bury them, and, while filing that complaint, said he “wanted to blow his head off.”
A sheriff’s deputy then visited Weinstein’s house, asked for his semiautomatic pistol and his revolver, which Weinstein gave him, and took him to the hospital for an evaluation. It turned out he was just angry, not crazy, but he still hasn’t gotten his guns back.
“Under the Second Amendment, he has a right to have his guns in his house, “ said Butin. “He’s not a convicted felon. It is unusual for the ACLU. But the ACLU supports all constitutional rights. We don’t pick and choose.”
It will be great if that becomes the case, but it hasn’t been in the past. Brandon Hensler, the ACLU of Florida’s communication director, admitted as much, saying: “This is the first time I know of in the ACLU’s 90-year history that we have advocated on behalf of a citizen to have his weapons returned from law enforcement.”
This stance on the part of the ACLU is to be applauded. If the organization continues to move toward supporting all constitutional rights, and stops using so much energy supporting politically divisive movements that aren’t really rights at all, the results could be phenomenal.
NY: Sudafed robber pleads guilty: "A man, who faked having a gun in his pocket and stole several boxes of Sudafed from the Medi-Cap pharmacy on Main Street in Livingston Manor, Monday pled guilty to a charge of robbery in the second degree. The trial for Leslie Marshall, 43, of Livingston Manor was to have begun on Monday. Marshall admitted to going into the drug store on February 2 and stealing the over the counter medicine and putting his hand in his coat pocket to convince the pharmacist that he had a gun. The pharmacist believed him and in response drew his own licensed handgun in self defense. Marshall took off with the medicine with he saw the gun. He was arrested after an investigation by the State Police BCI."
FL: Elderly woman fends off robber: "Carol Costello, 69, had thousands of dollars in cash on her after unsuccessfully trying to get money orders at a Walmart in South Daytona, according to police. Police said that Shepard and another man followed Costello’s car to Pineapple Street in South Daytona where they boxed her in and Shepard jumped out of the 2006 black Chevy Impala brandishing a silver semi-automatic handgun. According to police, that’s when Shepard began banging on Costello’s car windows. After a few unsuccessful attempts to break the driver’s side window with the .380 caliber Cobra handgun, Shepard jumped on the hood of Costello’s car and used the butt of his gun to break the windshield, according to police. Shepard created a large hole in the windshield and accidentally dropped the gun onto Costello’s lap, according to the report. Police said Costello pointed the gun at the suspect as he ran back to the black Chevy that dropped him off. She tried to drive away but ran into the suspect’s getaway car where she was able to take down the license plate number before the car fled the scene.”
IN: Gun toting more rife in rural areas: "Carol and Mark Roemke readily acknowledge there’s little crime happening around their farm near Harlan. Several times people have tried to break into their tank of anhydrous ammonia, which is used as fertilizer and in the illegal manufacture of methamphetamine. And for that reason, the husband and wife as well as their sons have personal protection permits to carry handguns. ‘I tell you what, we got it for protection,’ Mark Roemke said. ‘We have our Second Amendment rights, and we take advantage of them.’”
Monday, July 19, 2010
Coyotes in the state of nature: "That is the essence of 21st-century progressivism: In matters ranging from financial derivatives to education to gun control, the Left believes that we face a choice between a masterful state and a Hobbesian war of all against all. For all of the smart set’s vaunted and self-congratulatory nuance, it is this absolutist vision, this Manichean horror, that forms the foundation of progressivism. This, and not the threat of uncontrollable crime, is really at the heart of the suburban progressives’ abomination of firearms.”
Court decisions aside, scofflaws have long made gun control unenforceable: "My family (I’m descended from immigrants originating in those suspect regions of Europe) has long had a habit of owning, and often carrying, weapons in and around New York City. But we got to this country — most of my ancestors, anyway — just about the time the Sullivan Act became law. Which means all that carrying and brandishing of weapons took place despite the law, because nobody in my family bothered to get a pistol permit through several generations of residency in New York City. Until me.”
Sunday, July 18, 2010
Alaska: Bar owner nabs burglary suspect: "A Fairbanks bar owner helped nab a suspected burglar on a night last week in what he called a “textbook sting” right out of a TV show or movie.... He arrived at the Big I just after 11:30 p.m. with his .357 Smith & Wesson pistol. Within five minutes of sitting down, he could see a man in a blue hoodie crawling out of the hole on the side of the building. He grabbed the .357, ran down the stairs and headed outside to confront the burglar. “I said, ‘Come on out, I got a gun,’” Jackovich recounted. “Then I heard a voice saying, ‘Don’t shoot". When police arrived, they arrested Bradley Darrel Crossland, 37, of Fairbanks. He is being held at Fairbanks Correctional Center on charges of second-degree felony burglary and third-degree theft, a misdemeanor."
Texas: Burglary turns deadly: "The Travis County Sheriff’s Office says a burglary turned deadly on Friday after a homeowner fought an intruder in northwest Travis County. Sheriff’s Deputies received a report shortly after 5 p.m. in reference to a burglary in progress in the 13700 block of Cedar Ridge. The caller told officials that a man, later identified as Ryan Glen Bradford, 34, had broken into her home and was fighting her husband. According to Roger Wade with the Sheriff’s office, at one during the assault the suspected burglar was shot. Deputies, along with North Lake Travis Fire Department, Austin/Travis County EMS, StarFlight, and the Jonestown Police Department responded to the scene. When they arrived they found the suspected burglar with a gunshot wound. Bradford was transported to University Medical Center Brackenridge for treatment; however, he succumbed to his injury and was pronounced dead at 6:20pm. Detectives do not anticipate filing any charges at this time."
CA: Openly bearing arms, beachgoers cite their rights: "More than a dozen people packing pistols on their hips strolled down the Hermosa Beach strand Saturday, picking up garbage and distributing fliers about the rights of gun owners. The event was part of a burgeoning and controversial ‘open carry’ movement nationwide promoting the right to carry guns in public. Although carrying a concealed weapon is illegal without a permit, California allows people to openly carry guns in many areas as long as they are unloaded, though they can keep ammunition with them. Members of South Bay Open Carry, which organized the beach cleanup, said they hope such events will dispel misgivings about gun owners and make carrying a handgun in public more acceptable. Organizers said they turned the event into a cleanup to demonstrate that they are contributing to the community.”
In key contests, Democrats championing gun rights: "Democratic candidates in key states are embracing gun owners’ rights, winning favor from the National Rifle Association, a lobby that has long been the target of disdain from the party faithful. In New Hampshire, Representative Paul Hodes, a Democratic Senate candidate, has an ‘A minus’ NRA rating, potentially insulating him from progun rights attacks in a state that’s big on hunting and personal liberties. Senate majority leader Harry Reid, in a bruising campaign for reelection in Nevada, has conservative activists buzzing because the NRA is considering endorsing his reelection.”
Saturday, July 17, 2010
KS: Victim Wakes To Burglar, Opens Fire: "Kyle Young, 22, was asleep in his apartment in the 1300 block of S. Bleckley when he says somebody kicked in his back door. He showed KAKE News the damage left behind. "This was completely shattered," Young said, pointing to the door's newly replaced frame. "It was off the hinge and on the floor. Just a mess of debris everywhere." Hard to miss were two bullet holes in the attached screen door, fired from Young's own Glock 22 handgun. It's the first time since buying the gun two years ago that Young has had to use it in self defense. "By the way he was running, I didn't hit him," Young told KAKE News. "I didn't want to hurt him, but I didn't want him to come back." Young says he didn't recognize the suspect."
North Carolina: Man at ATM fires back at would-be armed robber: "Police say a man shot a would-be robber Thursday night at an east Charlotte ATM. According to police, the man was attempting to use a Cash Points ATM on Eastway Drive at North Tryon Street around 11 p.m. A suspect seemingly saw that as an opportunity and tried to rob the victim at gunpoint. However, that victim was also armed. He shot the suspect twice in the leg. Police officials report that suspect suffered non-life-threatening injuries. CMPD officials are no longer interviewing the shooter in the case, who they say did cooperate with detectives in their investigation. No charges are pending against him. The suspected robber will face charges once that person is released from the hospital."
Pennsylvania: Victims fight back against armed robber: "Two robbery victims turned the tables on their armed mugger early Thursday, beating him up, taking his gun and sending him running for cover, Stroud Area Regional police said. That’s when police took over, arresting Jairo J. Mugaburu, 22, of Stroudsburg, a short distance away. Police said the two victims, ages 23 and 21, were walking home at 12:48 a.m. Thursday and going through a cemetery in Stroudsburg when a man stepped out from the darkness and pulled a gun on them. The man demanded the two men give up the money, but instead the 23-year-old robbery victim lunged at the gunman and they began fighting. The robber dropped his gun and the 21-year-old victim grabbed it, police said. The robber ran off, but not before one of the victims bit him in the right bicep, police said. Police arrived and scoured the area looking for the suspect. Mugaburu was found on N. Sixth Street. Both victims identified Mugaburu as the person who tried to rob them, police said, and he had a bite mark on his right bicep.
PA: Town set to repeal ban on bringing firearms into municipal building: "Less than a month after passing an ordinance that made it illegal to carry firearms into the municipal building, the Oley Township supervisors plan to repeal the measure tonight. The supervisors have moved quickly to withdraw the ordinance after gun advocates pointed to a state law that they contend prohibits counties and municipalities from regulating the lawful ownership and possession of firearms. Supervisors Chairman David R. Kessler, who also is a Democratic state representative, had little to say Wednesday about the change of heart. But fellow Supervisor Jeffrey A. Spatz acknowledged the board had made a misstep that quickly aroused opposition.”
Friday, July 16, 2010
KY: Appeals court reverses woman's homicide conviction: "The state Court of Appeals overturned the reckless homicide conviction and sentence of a Shepherdsville woman. Janice Hasch was convicted in the April 14, 2008, shooting her husband, Jerald Hasch, in their home and was sentenced to two years' imprisonment in early 2009. She was initially charged with murder, a capital offense to which she pleaded not guilty. After testimony, the jury found her guilty of the reduced charge. But the Court of Appeals ruled that the lesser charge didn't fit. They voted 2-1 that Hasch did not act wantonly or recklessly in her conduct or in her belief in the need for self-protection... Hasch's ability to retreat -- she told investigators she could have left the home -- or the fact that she fired the gun with her eyes closed did not prove she acted recklessly, the opinion said. Police said the couple, who had been married 22 years, had a history of domestic disputes. The appeals court also concluded that Hasch could not be retried on the same or higher charges."
MD: Shooter shot in defense of another: "Montgomery County prosecutors could reduce or drop charges against a homicide suspect because it appears that he shot a man who was about to shoot someone else, according to documents made public Thursday and statements made in court. The suspect, Larry Lamont, 27, is accused of firing multiple rounds at the victim, Marcus Duffin, 27, who had a gun trained on the third man, according to the documents, which were written early in the investigation and rely heavily on Lamont's version of events. Under Maryland law, a homicide defendant can raise a "defense of others" argument at trial, and jurors are instructed to acquit if they determine that the suspect had a reasonable belief that the third party was in imminent danger of bodily harm"
PA: Man in wheelchair acquitted in domestic assault shooting case: "The trial lasted one and a half days and deliberation more than an hour before a jury Thursday acquitted Jesse Oltmanns, 35, of all charges in the November shooting of his girlfriend during a domestic incident at his home. Jurors were convinced his actions were self-defense and took into account that Liguori had returned to his house unwelcomed after being escorted away by police.... Liguori then removed one of several antlered deer heads mounted on the wall above the sofa and threw it at Oltmanns, hitting him but not seriously injuring him. She removed another mounted antlered deer head and threw it to the floor. When she removed the third deer head, held it high and appeared as though she were about to throw it at him, he shot her through the left leg, at which point she dropped the deer head and fell to the floor."
MA: Gun ruling has lawyer making calls: "As state legislators consider limiting the right to buy arms, a Framingham attorney sees better days ahead for those who want to bear arms. ‘It’s a very exciting time,’ said Jesse Cohen, who wants to see ‘how we can dismantle Massachusetts firearms law’ thanks to last month’s U.S. Supreme Court ruling. The 5-4 decision on an Illinois handgun ban ‘is, in my opinion, the most monumental firearms law in the history of the United States. Firearms law has been turned on its head, particularly in Massachusetts. ‘That’s not the way Attorney General Martha Coakley sees it.’”
Thursday, July 15, 2010
FL: Man who shot kidnappers recounts ordeal: "Gregory Longley thought the teens coming toward him just wanted cigarettes. Then one pulled a gun. He was coming with them, they said. From the back seat of the Chevy Malibu, Longley tried to stay calm. Then the man with the gun took his hand off the weapon to type a text message. Longley grabbed the gun and shot the teen sitting next to him, killing him, then shot and wounded a teen in the front seat. Then he ran. Longley recounted the ordeal calmly Wednesday as he testified against the teen in the front seat, who survived. Juan Carlos Morales, 19, is on trial for the death of Javon Strange, the other teen Longley shot that Sunday in September 2008. When Morales, Strange and their friend Abdusbasiyr Blake kidnapped Longley, the three committed a felony, prosecutors said. In Florida, that means Morales and Blake can be held responsible for Strange's death." Longley faces no charges because he was acting in self-defense."
OH: Father who shot son acted in self-defense: "Donnie Moore Sr., 44, 5600 block Bergan Drive, was released from the Montgomery County Jail on Tuesday night after a panel of prosecutors decided not to file a felonious assault charge against him in the shooting of his 19-year-old son, Donnie “DJ” Moore Jr. Donnie Moore told police he shot his son with a .22-caliber rifle following a fist fight in which the men punched, tackled and choked each other, a police report states. Donnie Moore told officers he managed to wrestle his son outside, but DJ Moore kicked in the back door. The father claimed he fired the gun to scare his son, but the bullet connected, a police report shows. Officers noted in their report that the father smelled of alcohol, slurred his speech and had bloodshot eyes. Donnie Moore’s actions were consistent with the legal protections under the state’s Castle Doctrine Law, which says a person who is being attacked in their home or car does not have a duty to retreat, said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office."
NC shooting ruled self-defense: "A Kenly man won’t face criminal charges in the shooting death of his wife’s boyfriend after the district attorney's office ruled the incident an act of self-defense. Police say Marvin Ralph Richardson Jr, 27, of Kenly, shot Terry Young Jr., 24, of 54 Iris Drive, Four Oaks, during a fight last week outside the home of Richardson’s sister on North Sixth Street in Smithfield. Young died after being taken to a hospital. “Mr. Young had violent intentions and was seeking a confrontation with Marvin Richardson,” Powell said. According to police, Young pulled out a gun during the fight and tried to shoot Richardson. Richardson left and came back with a gun and shot at Young. One of the shots bounced off a vehicle and hit Young. Investigators found a 12-gauge shotgun in Young’s car"
OK woman shoots two robbers: "A woman was walking home to the Brighton Park Apartment complex about 3:50 a.m. when two men demanded money and forced their way into her home in the 4800 block of South Darlington Avenue, Capt. Travis Yates said. The woman initially complied but then went to her purse and pulled out a revolver. She fired a single shot, hitting one of the robbers, Yates said. A struggle for the gun took place and a friend of the woman tried to help. The woman then fired several more shots, hitting the other intruder. Both men were taken to St. Francis Hospital. One was in critical condition and the other was in serious condition, Yates said." [More details here]
Wednesday, July 14, 2010
AL: Employee shot while being fired; boss was defending self: "The manager of a trucking company shot a hostile employee in self-defense after the man broke into his office and attacked him Tuesday afternoon, police said. Decatur police said the employee, who suffered a superficial gunshot wound to his hand, may now face charges in the incident. The employee, whom police did not identify, was in the process of being fired from his job at TL Express Trucking Terminal at 1884 W. Moulton St. when the 2 p.m. shooting occurred, Detective Joe Renshaw said. The employee forced his way into the office and began assaulting the manager, who was alone in the building at the time, Renshaw said. “The manager retrieved his handgun and fired a shot in an attempt to stop the attack,” Renshaw said. “The employee was struck by the bullet ricochet, which caused a superficial injury to his left hand.” Police questioned both men and determined the manager acted in self-defense, Renshaw said."
FL: Aggressor not charged!: "Calvert drove to El-Shaeir's home at 2140 Catalina Drive N., got out of his car, and confronted El-Shaeir, the sheriff's office said. "He started calling me slurs, racist names," a teary-eyed El-Shaeir said outside his home this morning. "Then he punched me in the face," El-Shaeir said. "I said to him, 'Excuse me?' Then I said to him, 'Just go.' " Then, El-Shaeir said, Calvert said he was going to kill him and went to get something out of his car. That's when El-Shaeir decided he had to defend himself. "I ran to my car to get my gun, put the clip in, cocked it, went back again," he said. "I said, 'I have the gun. What do you have?" El-Shaeir said Calvert started looking at him, went into the front of his car, claimed he was going to shoot El-Shaeir and then punched El-Shaeir again. That's when El-Shaeir started firing. El-Shaeir was charged with carrying a concealed weapon. He acknowledged that although the gun was registered in his name, he did not have a permit for it. Calvert was taken to Bayfront Medical Center with non-life threatening injuries, the sheriff's office said. He has not been charged with a crime.
TX: Robber shot during break-in: "Police said a man accused of shooting 29-year-old Chris Lopez, who was trying to break into his uncle’s home on Longmeadow Drive, will likely not face charges. … Police said Lopez, a 2001 Texas Youth Commission graduate, was trying to break into the back door of a home when the homeowner’s nephew warned him that someone was inside. Lopez then tried to take off with a lawnmower from the the carport and that’s when the nephew opened fire through the kitchen window, hitting the man in the chest, killing him.”
NRA urges opposition to Kagan: "Justice Sonia Sotomayor's decision last month to oppose expanded gun rights under the 2nd Amendment is being cited by the National Rifle Assn. as reason for senators to oppose Elena Kagan, President Obama's second nominee to the Supreme Court. The NRA released an anti-Kagan ad this week that shows Sotomayor seemingly assuring senators during her confirmation hearing last year that she supports individual gun rights. Citing her vote in June to uphold a handgun ban in Chicago, the ad urges members to call their senators and "tell them not to fall for the same trick twice."
MI: Gun Possession Grows
Although some law enforcers are antsy about it, open carry of weapons is quite legal in the state of Michigan for registered gun owners and an increasing number of people are doing it. Along with open carry, there have been dramatic increases in gun sales, ammunition sales and concealed handgun permits.
Statewide in Michigan, the number of concealed gun permits rose from 83,000 in 2008 to 150,000 in 2009. Also, the State of Michigan will recognize valid non-resident concealed pistol permits issued in other states. Heh.
Although some law enforcers are antsy about it, open carry of weapons is quite legal in the state of Michigan for registered gun owners and an increasing number of people are doing it. Along with open carry, there have been dramatic increases in gun sales, ammunition sales and concealed handgun permits.
Statewide in Michigan, the number of concealed gun permits rose from 83,000 in 2008 to 150,000 in 2009. Also, the State of Michigan will recognize valid non-resident concealed pistol permits issued in other states. Heh.
Posted by Mike Pechar at 7/14/2010 06:54:00 PM
Tuesday, July 13, 2010
KY: Man shot during apparent home invasion: "A nightmare came true for a downtown Louisville resident and his family, as they awoke to a burglar alarm and a pair of apparent crooks trying to break in; but it was the thieves who got the bigger surprise. LMPD spokeswoman Officer Carey Klain says a man living in the home called 911, after he told them he was awakened by the sound of two men breaking into his home. "He advised he was home with his kids and heard the alarm go off," Klain said. "So he gotup to check and was confronted by at least one male subject who ended up being shot this morning." Klain said gunfire was exchanged. The other suspect ran away and police are still looking for him. The suspect who was shot is described as a black male in his late teens. He was shot in the head and was taken to University Hospital where he was listed in serious condition. Although the homeowner who shot the suspect was taken to the police station to be interviewed, police say they do not expect to file any charges against him.
WA: Deadly shooting was self-defense, say detectives: "The Lewis County Sheriff's Office says a man who shot and killed a suspected burglar in April was acting in self-defense and will not be arrested. Thomas McKenzie, 56, was shot and killed the night of April 19 by the owner of the home, which was still under construction. Detectives believe McKenzie and his wife burglarized the home earlier in the afternoon. The owner decided to stay there for the night to watch over it. Later that night, detectives say the owner heard someone outside. He fired several shots at the tires of a suspect vehicle to disable it. The owner then suddenly had two lights shining in his face. Detectives say the owner "instinctively" fired his gun toward the lights in an attempt to protect himself from what he believed was a threat. Investigators say the owner considered himself in danger because the suspects did not retreat after he shot at their vehicle. As a result, the sheriff's office says it won't take the homeowner into custody.
Minnesota bouncer shot knife-wielding attacker: "Minneapolis police say they believe the city's 28th homicide was committed in self-defense. Police say a bouncer with a permit to carry a concealed handgun shot and killed a man after the man attacked the bouncer with a knife outside Grumpy's bar early Sunday morning. The Hennepin County Medical Examiner has identified the dead man as Tirso Gomez. Sgt. William Palmer said the bouncer suffered cuts in the scuffle before he pulled his gun and shot Gomez, Palmer said. He was not arrested. He was only detained for questioning," Palmer said. "The bouncer did make attempts to disarm the suspect - or in this case, the deceased - and he was unable to do that. While the deceased continued to attack him with the knife, at which point the bouncer who is -- legally holds a concealed permit -- did use that firearm to end that confrontation."
Monday, July 12, 2010
Mississippi: Meat Market Employee Shoots Back: "According to Capt. James Carver, chief of detectives, two people he identified as Marquize Tillmon, 19, and Monique Lott, 22, have been arrested and charged with aggravated assault and attempted armed robbery stemming from an incident at Shaw’s Meat Market. Carver said the two were brought back from Oxford in connection with an attempted robbery incident Friday morning. According to Carver, an employee was opening Shaw’s Meat Market at about 4:30 a.m. Friday when someone fired shots at him. The employee returned fire and the shooter ran. “After the incident, we contacted all area hospitals for possible gunshot victims for that day,” he said. “We were contacted by authorities with the Lafayette County Sheriff’s Department that they had a gunshot victim from Grenada.” Lott was released from the hospital Friday with a minor gunshot wound and brought back to Grenada."
Civil rights and armed self-defense: "[Supreme Court Justice Clarence Thomas’s] concurrence in McDonald draws from a long and uninterrupted line of civil rights activists who preached the virtues of armed self-defense. The great abolitionist leader Frederick Douglass, for instance, who famously urged President Abraham Lincoln to arm the liberated slaves against their former masters, was an outspoken champion of gun rights in the decades after the Civil War. American liberty depends upon ‘the ballot-box, the jury-box, and the cartridge-box,’ Douglass wrote in his third and final autobiography, The Life and Times of Frederick Douglass (1881). Without these privileges and immunities of citizenship, ‘no class of people could live and flourish in this country.’ Blacks therefore required all three.”
Let’s face it, Chicago mayor wants to ban all guns: "As always, gun control proponents say they merely want ‘reasonable’ gun control laws. Yet, when listing the actual laws they favor, they go well beyond what most people would possibly consider ‘reasonable.’ Just look at the gun bans in Chicago and Washington, D.C. that local politicians and gun control organizations such as the Brady Campaign and the Violence Policy Center have fought to protect. Last Friday, just days after the Supreme Court struck down Chicago’s handgun ban, Chicago enacted strict new gun control laws. These new restrictions surely do not seem ‘reasonable’ but rather intended to make life as difficult as possible for those who legally want to own a gun. Among the regulations is a complete ban on selling guns in Chicago. Also five hours of training is required, which may seem reasonable, but that training is forbidden to take place within the Chicago city limits.”
Sunday, July 11, 2010
MO: 17-year-old robber is shot: "A 17-year-old was shot as he apparently tried to rob a man in a parked car at 10:10 p.m. Friday in the 5400 block of Riverview Boulevard, police said. The victim, who was shot in both arms and whose chest was grazed by a bullet, was at a hospital Saturday in serious but stable condition. Witnesses told police the 17-year-old approached the parked car, pulled out a gun and apparently tried to rob the man inside. The person in the car, who had a gun, then shot the apparent robber multiple times. The shooting victim ran through an alley and collapsed in front of a residence. The man in the car fled before police arrived."
Virginia Man Brings Knife To Gunfight: "A 27-year-old man told police he was trying to protect himself when he shot a Newport News man Friday night. Newport News officers say 29-year-old Greg Arsenault of the first block of Tally Ho Drive in Hampton died a short time after being shot in a parking lot at Sentara Port Warwick. The 27-year-old shooter told police Arsenault started a fight with him inside nearby Kelly’s Tavern. The man says Arsenault had a knife and that management kicked Arsenault out of the restaurant. Witnesses say Arsenault quickly went after the 27-year-old at his car a short time later. The man got a gun out of his car and told Arsenault to stop. Arsenault allegedly did not listen and advanced on the man in a threatening manner before the 27-year-old shot him several times. Police say several witnesses confirm all or part of the shooter’s story."
Why the Left hate guns: " In matters ranging from financial derivatives to education to gun control, the Left believes that we face a choice between a masterful state and a Hobbesian war of all against all. For all of the smart set’s vaunted and self-congratulatory nuance, it is this absolutist vision, this Manichean horror, that forms the foundation of progressivism. This, and not the threat of uncontrollable crime, is really at the hear of the suburban progressives’ abomination of firearms. [...] To use lethal force in self-defense is the ultimate declaration of independence, a kind of momentary secession from the authority of the government whose laws and prisons and police officers have, in that moment, failed the citizen. To acknowledge the right to self-defense–and the concomitant right to be forearmed against aggressors–is to acknowledge that some things are outside the state and its authority, or at least that some moments are outside the state and its authority."
Armed citizens promote non-violence: "How are safer streets restored non-violently by more citizens armed with lethal force? Violence is stopped the moment it strikes by the only person who can really stop it, the one present. It means realizing that there is no one else. No one else who is armed with superior force and no one else in authority. Experts acknowledge that in the vast number of cases, the citizen is on their own. They state three reasons why. 1. Police cannot be everywhere. 2. Police have no duty to protect individuals from the criminal acts of others, and; 3. Realistically speaking, you are on your own. That is an observation that is passive. For an observation that is active, try this on for size: in the final analysis, the target is their own best first line of defense. The armed citizen means safer streets non-violently, because the armed citizen is not hostile or anti-social as thugs are; the armed citizen is not aggressive, but defensive; the armed citizen brings superior force to bear which he elects to use if necessary, or not use the moment the threat is de-escalated. The armed citizen observes and adheres to the law and has a love of community thugs do not have."
Saturday, July 10, 2010
CA: Involuntary manslaughter charges dropped against 66-year-old man: "Prosecutors told a judge Friday that they were dropping charges against a 66-year-old Simi Valley man accused of involuntary manslaughter stemming from the death of his daughter’s boyfriend in 2008. On Nov. 16, 2008, Scribner went outside his house with a loaded, cocked gun with the safety off and fired once, hitting Wall in the neck and killing him. According to court testimony, Wall had been arguing with Scribner’s then 29-year-old daughter, Jaime Scribner, when the shooting occurred. Spiga said it took less than two minutes after Scribner got out of bed for him to fire the shot after Wall rushed him. “Everything happened so quickly,” the attorney said. Day said several jurors told her they didn’t believe Wall was the “monster” portrayed by the defense. “However, they did feel that when he was drinking, he had anger issues,” Day said. “They did believe Mr. Scribner was entitled to brandish his gun in self-defense, and that he had a reasonable belief that Bryan might hurt him"
OH: Man deemed to have fired in self defense but not with a gun he owned: "In the months since video of a gunfight at a local bar was released making national news, Lashon Sawyer has maintained the weapon he’s seen firing several times during the incident was not his. The Toledoan said Tuesday he feels as if he finally was exonerated after a felony charge against him was dismissed in Lucas County Common Pleas Court. “I’m glad the truth came out,” Mr. Sawyer said after his case was dismissed. “There was a lot of commotion that night,” he added, saying once again that he found the gun near the back door of the kitchen and was on his way to the bar area to hand it over when he encountered gunfire. Throughout Mr. Sawyer’s trial, patrons and employees who were at the bar that night testified about how gunfire erupted inside the small bar. Some of the witnesses testified that Mr. Sawyer’s actions may have prevented injuries from occurring. Because he was acting in self-defense, Mr. Sawyer was not charged with shooting the gun, only having it in a liquor-permit premise, a fifth-degree felony."
Georgia minister sues to take guns to church: "A Thomaston minister and a gun rights advocacy group is filing lawsuit challenging Georgia’s prohibition against guns in church, a move that was predicted after the U.S. Supreme Court ruled last month the Second Amendment's guarantee of an individual right to bear arms applied to state and local gun control laws. The suit, mailed Friday to the Superior Court in Upson County, is brought by GeorgiaCarry.org; the Baptist Tabernacle of Thomaston; Ed Stone, the president of GeorgiaCarry.org and the Rev. Jonathan Wilkins. The suit lists Upson County and the state as defendants. Those for less as well as more restrictions on guns had said last month places of worship would be the next battle over where permitted gun owners can take their weapons. The suit cites the First Amendment freedom of religion and the Second Amendment right to bear arms as grounds for bringing the case."
Federal judge orders Iowa sheriff to issue gun permit: "U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment. Bennett’s written decision on Wednesday involves the case of Paul Dorr, of Ocheyedan, who was denied a permit to carry a concealed weapon. Dorr and his son, Alexander, were denied gun permits after being engaged in extensive First Amendment activity -- protesting, passing out leaflets and writing letters to the editor -- the opinion notes. “The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber’s own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr,” Bennett wrote in his ruling."
Friday, July 09, 2010
Brace yourselves for “reasonable regulation”: "How do you feel about licensing gun owners, registering all of their firearms, requiring training in order to own a firearm, mandatory liability insurance for every gun owner, limiting citizens to owning a single handgun for personal protection, background checks for all firearms transactions and mandatory waiting periods on all gun purchases? Are these ‘reasonable regulations’ that pass the constitutional smell test? (Be sure and offer an opinion below.)In the 48 hours that followed Monday’s historic ruling by the U.S. Supreme Court … various anti-gun newspaper editorials have essentially provided the gun prohibition lobby’s definition of ‘reasonable regulation.’”
If you liked Mcdonald v. Chicago, you’ll love Benson v. Chicago: "The main difference between McDonald and Benson may be how one-sided the new lawsuit is, based on the precedent set in McDonald. The four plaintiffs, Brett Benson, Raymond Sledge, Kenneth Pacholski and Kathryn Tyler, are challenging the new ordinance on eight separate counts based on their various experiences as businessmen, educators, and residents of Chicago, while the IL Association of Firearms Retailers (ILAFR) are challenging the ordinance’s total prohibition on firing ranges and gun shops within city limits.”
McDonald, gun ownership, and the non-violent restoration of safer streets: "In Part I, I wrote about the spiritual reawakening of Independence and the epiphany that Independence itself serves to discredit government programs which operate as a poor substitute for the armed citizen. I used the word ‘impeaches’ for those boondoggle programs. In Part II and Part III, let us look at how this is done non-violently to further impeach the anti-gun hysteria and the smear which the left is offering as its best evidence against the armed citizen. … I often speak of the ubiquitous armed citizen, the idea that armed adults are in such sufficient numbers that thugs begin to notice … This ubiquitous armed citizen becomes a ubiquitous deterrent of crime for both business and pleasure.”
PA: Gun rights advocates get new energy in their push for a “castle doctrine”: "Gun rights advocates got a monumental boost last week when the U.S. Supreme Court ruled local governments can’t ban guns. Now, Pennsylvania gun rights advocates are aiming at their next target: giving gun owners the right to fire rather than flee when threatened in their homes or cars or, ideally, any public place where they have a right to be. The court decision gives new energy to the push for a so-called ‘castle doctrine’ in Pennsylvania. … Gun rights advocates further feel the ruling adds firepower to their challenges of assorted gun restrictions, such as bans on guns in municipal buildings and parks.”
Louisiana Enacts "Gun-in-Church" Law
(Baton Rouge, Louisiana) Governor Bobby Jindal has signed House Bill 1272 into law. The measure allows guns to be carried in churches, synagogues and mosques.
(Baton Rouge, Louisiana) Governor Bobby Jindal has signed House Bill 1272 into law. The measure allows guns to be carried in churches, synagogues and mosques.
The "gun-in-church" law allows authorized "persons who qualified to carry concealed weapons having passed the training and background checks to bring them to churches, mosques, synagogues or other houses of worship as part of a security force."So, it's not guns by anyone anytime, it's guns carried by authorized security personnel. Frankly, with the various restrictions imposed I don't see why the law is so controversial.
Heads of the religious institutions, who adopt the "gun-in church" option, are required to announce via weekly bulletin, newsletter, or verbally that armed individuals will be on the property as part of the security force. Chosen members of the security force must receive eight hours of tactical training per year.
Posted by Mike Pechar at 7/09/2010 01:15:00 PM
Thursday, July 08, 2010
TX: Dallas woman shoots man in apparent self-defense: "A woman fatally shot her male companion after, witnesses said, the man assaulted her outside a pool hall Wednesday night, police said. The man, thought to be 39, was seen assaulting the woman about 7:30 p.m. in the 4700 block of Malcolm X Boulevard near Hatcher Street. Witnesses told police the woman got a gun from the couple's vehicle and shot the man in the chest. He died at Baylor University Medical Center at Dallas. "We are in the early stages of the investigation, and the indications are that it's self-defense," Dallas police homicide Sgt. Eddie Douglas said."
TX: Intoxicated man shot after attempting to enter wrong home: "Precinct 4 deputies said an intoxicated man was shot early Monday after he attempted to force his way into the wrong home. It happened in the 25500 block of Twister Trail at Falcon Trail in northeast Harris County. Deputies said a man mistakenly went to the wrong house around midnight and began banging on the front door. The homeowner told the man to leave, but the man refused, saying it was his girlfriend’s house. The man then went to the back door and tried to force entry, according to deputies. That is when the homeowner retrieved his gun and shot once through the door, hitting the man in the stomach.”
Racist pols go straight back to disarming blacks: "History is, of course, repeating itself. Just as Southern states subverted black Americans’ right to vote through intimidation and discriminatory eligibility requirements, Chicago’s Mayor Richard Daley has just signed handgun-licensing legislation that violates both the spirit and the letter of the McDonald decision …. The Chicago handgun-licensing laws enacted just four days after the Supreme Court ruling include four hours of mandatory training and testing (at the prospective handgun owner’s expense), tri-annual licensing fees and registration …. While Chicago’s laws will be applied equally, regardless of race, it’s clear that crime-plagued, low-income black Americans will find it hardest to satisfy their requirements.”
SAF sues to overturn North Carolina’s “emergency powers” gun bans: "The Second Amendment Foundation on Monday filed a federal lawsuit in North Carolina, seeking a permanent injunction against the governor, local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms. Joining SAF in this lawsuit are Grass Roots North Carolina — the state’s leading gun rights organization, and three private citizens, Michael Bateman, Virgil Green and Forrest Minges, Jr. Named as defendants in the federal lawsuit are North Carolina Gov. Beverly Perdue; Reuben Young, secretary of the Department of Crime Control and Public Safety; Stokes County and the City of King.”
Wednesday, July 07, 2010
GA: Armed robbery suspect in critical condition after gun battle at store: "A suspected armed robber is in critical condition after a gun battle erupted when the gunman started shooting at a Macon store clerk Monday night. Rashan Lateel Jordan, 29, is undergoing treatment for a chest wound at The Medical Center of Central Georgia, according to hospital sources. The gunman started shooting at a female employee at Expert Wireless at 3795 Mercer University Drive, according to a news release from the Macon Police Department. The 26-year-old worker fired back and wounded Jordan, who ran out of the store and tried to flee in a 2000 black Infiniti Q45. Jordan hit a curb and was taken to the hospital for treatment of his injuries, the release stated."
TN: Robbers pick wrong target: "Two would-be robbers forgot to ask their victim a key question: Do you have a gun and know how to use it? The 21-year-old Bartlett man’s answer might have prevented the two 16-year-olds from being shot. Instead, an exchange of gunfire between the Bartlett man and the robbers Wednesday night left one teenager dead and the other wounded. … The shootout occurred about 10 p.m. Wednesday at the Edgewater Apartments east of Sycamore View and south of Raleigh-LaGrange. According to Moore, one of the suspects fired at the man during an attempted robbery. The victim, who was within 3 feet of one robber and about 10 from the other, fired five shots, four of them striking the would-be robbers.”
SC: Clerk grabs gun and shoots suspected robbers, one dead: "One man is dead and another injured after an attempted robbery in Walterboro. Deputies in Colleton County say two men entered the Kangaroo Gas station on Sniders Highway around 10 p.m. Tuesday night. Major Ken Dasen with Walterboro Public Safety says in an email to News 2 that the men pointed a gun at the clerk demanding money and a fight broke out. The clerk was able to grab the gun and fired at the two men who then fled the station.
Nigel Amir Holmes, 19, of Smoaks called 911 shortly after reporting that he was shot and in the woods. Officers found him and medics flew him to MUSC. Officers followed a trail of blood from the gas station and found the second suspect, Octavio Tavish Cochran, 22, of Round O. The Colleton County Coroner pronounced him dead at the scene."
GA: Suspect killed, victim wounded in shootout: "One man is dead and another wounded after an overnight shootout at an apartment complex in south DeKalb County. The shooting, which might have stemmed from a drug-related robbery attempt, happened about 3 a.m. Wednesday at the Pine Village East apartments on Panthersville Road. DeKalb police spokesman Jason Gagnon told WSB Radio that the victim "was coming home from work when the suspect approached him in the parking lot and forced him into his own apartment at gunpoint." Once inside the apartment, the victim was able to get his hands on a gun and began firing shots at the suspect. "The suspect was shot several times as he fled the scene, but managed to fire his weapon back at the victim, striking him in the leg," Gagnon told WSB. Responding officers found the suspect dead in an adjacent apartment complex"
Tuesday, July 06, 2010
As America eases up on gun restrictions, Australia gets crazier
The following is from my brother's site in our home State of Queensland. Enough polite but disapproving emails from overseas might just freak the government concerned a bit -- JR
The Queensland Government is planning to introduce further restrictions on law-abiding shooters. No section of the shooting fraternity is safe. You must stand up for your Rights – Today! Below are the planned restrictions:
1. Participation requirements for Category C shotguns
Why? No one knows. But we presume to make it more difficult for licensees to keep their licenses and guns.
2. The fitting of trigger locks to guns already kept in gun safes
Why? No one knows, but we hope the criminals with their unregistered and illegal guns use a trigger lock.
3. Introduction of a Hierarchy of Storage Controls
Why? So the Government can easily prosecute people whom, through no fault of their own, have had their firearms stolen.
4. Registration of deactivated category A & B, and Antique and Historical Firearms
Why? No one knows.
5. Registration of replica handguns
Why? No one knows. Better get rid of those nasty water pistols and cap guns.
6. Enlargement of the discretionary powers of the Authorised Officer
Why? No one knows.
7. Criminalise the possession of magazines for firearms you don’t own
Why? No one knows.
8. Licensing cost increases – unreasonably high
Why? Revenue raising.
What to do next, Click on the FAQ button above (on the main menu) thoroughly read the information then politely but firmly e-mail the Government using the link provided at the end of the FAQ page.
TX: Carjacker rapist shot at by woman's brother: "The women, who are in their mid-20s, were at the drive-thru at 2:30 a.m. when the suspect jumped into their Mustang convertible and held them at gunpoint. The suspect forced the women to drive around for several hours, during which time he sexually assaulted them, Garza said. But the suspect was instead tricked by one of the women into going to an apartment complex in northwest Houston where her brother lived, Garza said. There, she was able to call her brother on a cell phone and told him what was happening, Garza said.... the brother fired at the suspect but didn’t hit him, and the suspect then took off in the victims’ car." The suspect lead Harris County Sheriff’s Department deputies on a high speed chase that ended when he crashed the vehicle into parked cars at a body shop in northeast Houston. The suspect, who was last reported in critical condition, will be charged with evading arrest but could face additional charges, Garza said."
Oklahoma Home Invader Shot By Victim: "A home invasion suspect is in custody after being shot by the homeowner during a robbery. Police said Melvin Dan [above] forced his way in to an apartment around 5:30 a.m. Monday at the Wellsford Oaks near 15th and Riverside. According to the arrest report Dan put a gun to the face of the homeowners and forced them into a bathroom. One of the homeowners had a gun of his own and shot the suspect through the bathroom door."
MI: Homeowner Kills Armed Intruder: "An Inkster homeowner fatally shot a man who police said broke into his home overnight Sunday. The homeowner, who does not want his identity revealed, told police that he was woken up by the men, and one of the robbers was armed. The homeowner, who is in his 30s, struggled with the gunman and shots were fired, police said. The homeowner returned fire, fatally shooting the robber, police said. The robber died on the homeowner's driveway. Police said the man was identified as a 32-year-old from Detroit. The other robber escaped, police said. The homeowner's gun was registered and he had a Carrying Concealed Weapon permit. Police said they do not expect charges to be filed against the homeowner because he was protecting himself inside of his own home."
Monday, July 05, 2010
FL: Convenience store robbery leaves gunman dead: "Delray Beach Police say a man attempted to rob Community Food Market in Delray around 10pm on Saturday. The armed robber entered the store and tried to steal from the clerks at gunpoint. When one of the clerks saw the man with the gun he ducked behind the counter. The gunman began to shoot, that's when another clerk armed himself and shot back. The armed robber attempted to leave the store. Police arrived to find the man with a semiautomatic hand gun still in his right hand. Police say he was taken to Delray Medical Center with a bullet wound to the chest and later pronounced dead. No one else in the store was injured."
Some D.C. Residents Say It's Too Hard To Get A Gun: "The toughest thing about getting a gun in the district is finding a gun store. There are none. You have to drive to a neighboring state like Maryland to buy a weapon. Maryland Small Arms in Upper Marlboro, Md., has its own firing range just outside the Washington Beltway. In the showroom, salesman Jack Donald can sell you a gun. But if you have a D.C. driver's license, you'll have to transfer the weapon to someone with a federal firearms license in D.C. Then the federal licensee gives your gun back to you. But you're still not ready to go, Donald notes. "You have to be fingerprinted, you have to submit photographs, you have to take a class that's supposed to consist of four hours of classroom and an hour of range time with ... a District of Columbia approved instructor," he explains. That can bring the cost of registering to more than $500. That's a lot of work and expense"