Monday, January 31, 2011

Robbers lose in Chicago armored truck robbery: "Two Garda security guards arrived at a Family Dollar store at the corner of Homan and Chicago avenues about 9:40 a.m. to make a cash pickup. One ran in the store, while the other stayed with the armored vehicle. When the guard came out, money bag in hand, two men set upon him. Townsend pointed what appeared to be a sawed-off shotgun — later determined to be two black pipes wrapped in tape with a wooden handle — to the guard's chin as Cary grabbed the guard in a chokehold and pointed a gun to the back of his head, according to police accounts and the arrest report. During a struggle, the guard pulled his gun and shot Townsend several times. The other guard, who by then had stepped out of the armored truck, shot Cary, who was holding .22-caliber handgun, according to the arrest report. A judge on Sunday ordered Cary held without bail. Though he is not accused of shooting Townsend, Cary was charged with murder because a person died during the commission of a crime, police said."

W.Va.: Shootout kills home occupant, wounds invader: "Three suspects kicked in the back door of a residence at 119 Magnolia Street in Bluefield,” Chief J.W. “Joe” Wilson of the Bluefield Police Department said. “A gunfight ensued, and a juvenile inside the residence was shot dead.” Wilson said the juvenile was a 17-year-old male, but did not release the name of the victim. “One of the three suspects who entered the house was wounded in the gun battle,” Wilson said. “He was transported to a Charleston hospital.” Police arrested Jasmen Montgomery, 21, of Pulaski, Va., on a felony murder charge. “The other suspect who is in custody is a 17-year-old male,” Wilson said.

Car thief (above) held at gunppoint: "A woman called 911 around 1:45 a.m. to report that her husband was holding a man at gunpoint inside the couple's car, according to police. Police arrived and found Shamakeith Taylor, 27, inside a truck. Police said that Taylor initially resisted getting out of the truck but eventually complied. The husband told police he went outside after hearing his dogs barking and seeing the lights on inside both of his cars. Once outside, the man found a toolbox from one of his cars sitting on the ground and started looking around for the thief. He eventually found Taylor sitting inside his truck and pulled out his gun and pointed it at Taylor until police arrived. Police said Taylor had locked himself inside the truck."

Onerous Gun Laws Are Not The Answer: "In California alone there are over 500 laws regulating what ordinary gun owners can do with their guns. These laws are so subjective and numerous that even experts in the laws cannot give direct answers to simple questions like “how do I legally transport my gun in my car?” In 1996 a law outlawing the carry of a loaded gun in a car was construed to prosecute a man who had shells attached to the outside of his shotgun. The laws are often counterintuitive. At a gun store, one can buy a rifle and a rifle handle, but putting them together is a felony. The political situation in the wake of the Tucson shooting is not unique. After every major gun crime, gun control advocates cash in on public fear to bolster new regulation. Since these laws are not based on any principle, they do not actually reduce instances of crime. More violence will occur, and more confusing laws will get passed."

Sunday, January 30, 2011

IN: Homeowner Opens Fire, Shoots Burglar: "A homeowner on Indianapolis' south side shot a man who broke into his house early Thursday, police said. The homeowner told police he grabbed his gun when he heard glass breaking and found a man in a back bedroom. The homeowner opened fire, hitting the man in the buttocks, police said. The burglar, who police identified as Paul Burton, 47, was able to escape through a window, but he was arrested a short time later at his home in the 2700 block of Draper Street. Burton was transported to an area hospital with non-life-threatening injuries. He was arrested in connection with the break-in."

TX: Shots in the air scare off car thief: "When a homeowner saw a suspect attempt to break into his Ford Expedition, he took actions into his own hands, police say. Shots were fired in the 2600 block of Mission Vista after the homeowner and his 3-year-old daughter awoke after 3 a.m. Wednesday from the sound of a car alarm and running engine. Police said the man got his gun and went outside to confront the suspected burglar, coming face-to-face with the barrel of the suspect's gun. The San Antonio Police Department said the homeowner fired three shots in the air to scare the suspect away. No one suffered injuries. Police have a search underway for a white pickup truck."

Good News Bad News for Gun Rights: "THE GOOD NEWS: U.S. Senate leaders agreed to adjourn the first legislative day of the 112th Congress, without a vote to change the rules to silence outspoken pro-gun advocates. This effectively ended the chances for anti-gun Obamacrats to prevent conservative heroes like Senator Rand Paul from using the filibuster as a tool to fight for your right to keep and bear arms. THE BAD NEWS: The Republicans in the Federal Congress, including Senator Tome Coburn, are taking a serious look at gun control because of the Arizona shootings. Please remember that Republicans cannot be trusted. In fact, Republican House Majority Leader Eric Cantor has record of voting for anti-gun legislation. In 1993 as a Virginia state Delegate he voted to impose a one-gun-a-month gun purchase rationing scheme on Virginia’s gun owners. That same year he also voted to ban self-defense shot guns. Clearly Eric Cantor is eager to return to his former ways and curry favor with President Obama so he can spend more time at the White House in meetings with the powerful and connected."

Permits for hidden handguns from Utah: "Utah’s permit to carry a hidden handgun is recognized by 33 states. As a result, it’s popular. About 125,000 Americans who are not Utahns hold Utah permits. The Beehive State willingly undertakes the regulatory burden of policing these permits for non-Utahns to promote the carrying of guns for lawful self-defense. Recently, however, there has been another development that has discomfited gun-rights proponents in Utah. A couple of neighboring states, Nevada and New Mexico, have withdrawn their recognition of Utah’s permit. New Mexico objected that Utah does not require demonstrated proficiency with a firearm as a condition of a permit, while The Land of Enchantment does. But Sen. John Valentine, R-0rem, who has looked into the matter, says he thinks the rejections have more to do with states rights and revenues. Other states want to exercise the option of issuing their own permits and collecting the revenues."

Saturday, January 29, 2011

NM burglar hit by shotgun: "A man police are calling a would-be burglar lost most of his calf muscles Monday after an Avenida CaƱada homeowner shot him at close range with a 12-gauge shotgun. McNeil was in the house, which he shares with his wife, by himself Monday morning when he heard someone trying to remove an air conditioner in a window. When Quintana couldn’t remove the air conditioner, he broke through a bedroom window to enter the house. McNeil grabbed his shotgun and confronted Quintana at the door to the bedroom. McNeil ordered Quintana to the ground, but he did not listen. The two men fought over the shotgun, and Quintana lost. Quintana, who was unarmed, ran past McNeil for the front door and tried to open it. However, the screen door to the house was dead-bolted and could only be opened with a key from the inside. Trapped at the front door, Quintana ignored another command from McNeil to get on the ground, so McNeil shot him. Lopez said the shooting met a standard for self-defense."

AZ: Gang member shot: "Police say Hagood and two other teens, Wayne A. Redding, 17, of Pioneer, Calif., and Jacob G. Schnupp, 17, of Kingman were targeting people wearing blue shirts when they tried to rob a homeless man, beat up a 13-year-old and accosted a 19-year-old in three separate incidents over the course of the day. Police said the three teens were posturing as gang members during the incidents. The 19-year-old man was the last to be targeted as he was walking in north Kingman. The Mohave County Sheriff's Office said he pulled out a 9 mm gun and warned the three suspects to leave him alone before opening fire and hitting Hagood several times after the men continued to approach. The Mohave County Attorney's Office declined to press charges against the 19-year-old, saying that the man acted in self-defense."

Philadelphia: Drunk gunman shot and killed: "A drunken tavern patron who turned a gun on a crowd outside a Juniata Park pub early yesterday lost his life after he ignored an off-duty New Jersey prison guard's orders to drop the firearm and instead fired at the officer, witnesses said. The correctional officer, who police declined to identify, returned fire and hit the gunman twice in the chest and abdomen. The man, 28, whose name police wouldn't release, died at Temple University Hospital a half-hour after the 2:30 a.m. incident outside the Family Tavern on Luzerne Street near J, police said. "I saw the whole thing; it was self-defense," the bartender said. Police said the incident would be considered a justified shooting and not a homicide."

U.S. diplomat says he killed in self-defense: "A U.S. official being held in the fatal shooting of two Pakistani men told a court in the eastern city of Lahore on Friday that he had killed them in self-defense. The official, based at the U.S. Consulate in Lahore, said the men had tried to rob him while he waited at a busy intersection in his car. A second consular vehicle that he summoned for help struck and killed a motorcyclist as it sped to the scene, police said. A judge ordered the official held in custody for six days for further questioning. But other Pakistani and U.S. officials, who would not discuss the sensitive matter on the record, said that Davis was clearly in the country on a diplomatic passport and visa, and was immune from any prosecution. The U.S. government has demanded his release on that basis"

Friday, January 28, 2011

Va.: Clerk shot at robbery suspect: "No one is in custody after an attempted robbery on Indian Lakes Boulevard in Virginia Beach, Wednesday night. Police spokesperson Jimmy Barnes told a clerk who shot at an armed suspect “has not been charged, and given the circumstances charges are not anticipated." Police said the clerk at the Indian Lakes Food Mart saw an armed man who was wearing a mask and a hooded sweatshirt, walk into the store. The clerk grabbed his own weapon and fired one shot that missed the armed man and hit a metal rack. Saeed said his surveillance cameras captured the moment the suspect ran into the store with his gun drawn. "It looks like a very young kid, and carrying a firearm, it's very dangerous for our community."

IN: Liquor store clerk fires on robbers: "Metro Police are holding three people in last night's attempted robbery in the 3600 block of Lafayette Road. The bungled holdup of a Quick Stop Liquor store resulted in the fatal shooting of a 17-year-old girl--and the victim is believed to have been one of the would-be robbers. The liquor store clerk fired his own gun in self defense, but detectives say the physical evidence shows that he didn't fire the fatal shot. It came instead from a gun wielded by her accused accomplices--25-year-old Tia Washburn, 23-year-old Tymon Brown and 21-year-old Jeramie Seabury. They are held on preliminary charges of murder and attempted robbery."

TN: Homeowner chases down robbers: "Homeowners Jeff and Tammy Gibson were returning home from an evening church service when they came face-to-face with the suspects. ... Jeff pulled out the handgun he almost always carries on his hip, and fired eight shots at the suspects' vehicle. Then, he got in his own car and began chasing them. 'Eventually, as I turned the corner I saw he had driven up an embankment and took out a telephone pole and crashed. So yay me!' said Jeff"

Canada gun controls not working so well: "According to the Province newspaper in Canada, homicides involving handguns are on the rise. I was shocked to find that out, since Canada has such strict regulations involving purchasing a handgun. Here's another quote from the same paper: 'the rate of homicides committed with handguns has more than doubled in the past 20 years.' Again, I was shocked by this knowledge of how well gun control is working in Canada."

Thursday, January 27, 2011

NY: No charges for man who shot at bank robber: "The customer who ran out of an Amherst bank and fired five or six shots at a fleeing armed robber on Christmas Eve will not be charged with a crime. Erie County District Attorney Frank A. Sedita III said he decided not to file charges or present the case to a grand jury because he believes the man acted reasonably and within his legal rights in shooting at the robber. Sedita and Senior Trial Counsel Thomas M. Finnerty pointed out that the customer, whose name wasn’t released, is a mature 63-year-old and doesn’t have a criminal record. They also noted he waited until the robber was outside the bank and wasn’t near anyone before yelling at him to stop and then firing. “This man was clearly not acting as a cowboy, was not acting as a vigilante, was not acting in a reckless way,” Sedita said in an interview."

GA: Judge upholds ban on guns in places of worship: "A federal judge has upheld the Georgia law banning weapons in churches, mosques and synagogues, saying gun rights advocates had not shown that carrying a firearm is necessary to practicing any religion. U.S. District Judge Ashley Royal late Monday dismissed a lawsuit filed by the gun rights organization and the minister at the Baptist Tabernacle of Thomaston. Royal wrote that Georgia law did not violate the First Amendment right to freedom of religion or the Second Amendment guarantee of a right to bear arms."

NE.: Legislative bill could arm teachers: "Sen. Mark Christensen of Imperial introduced LB 516 on Jan. 18, and by that afternoon his proposal had made national news. The proposed legislation was featured on the websites of the Washington Post and Kansas City Star, among others. Christensen’s idea is to allow qualified school administrators, teachers, and security personnel to carry concealed weapons on school grounds. Christensen told the Bulletin that he had no intention to introduce the bill this year but felt compelled to do so following the Jan. 5 shooting at Millard South. Christensen said that since guns aren’t allowed on school grounds, teachers, administrators, staff, and students are at the mercy of law enforcement response to deal with a shooter.

Wednesday, January 26, 2011

OH: Invalid shoots aggressive acquaintance: "One man is dead after a shooting in Gallia County Sunday night. Now, the sheriff says he's investigating all sides of the story involving a fatal shotgun blast from a frail cancer patient. Medicated and in chemotherapy, Ray Fillinger says he had no choice but to fire when a man he knew barged into his home Sunday afternoon. "He threatened me physically and threatened to take a belt to my daughter," Fillinger said. Fillinger says he's known Ralph Dempsey for a year and a half, but the threats from Dempsey just began recently. Fillinger says Dempsey showed up Sunday afternoon at his rural John's Creek Road home, and the threats escalated. "He came inside," Fillinger said. "I told him to leave and quit threatening me. He said, 'I've got something for you' and reached behind his back. I raised my gun, didn't even aim and fired."

Law student sues University of Idaho over gun rights: "The University of Idaho is being sued by one of its law students who claims he should have the right to keep firearms in his on-campus apartment. Aaron Tribble, a second-year law student at the UI, is representing himself in the suit, which he filed last Tuesday in Latah County Second District Court. Tribble, 36, and his family live in one of the university’s South Hill Vista apartments for married students and students with children."

Tuesday, January 25, 2011

Second Amendment Challenge

A study of the current public debate (including comments generated from Legislation on High Capacity Magazines) shows that the arguments by pro-gun control advocates generally fall into one or more of three categories. The first category is hyperbolic, exaggerated and overheated prose.

For example, E. J. Dionne, Jr., writing for The Washington Post, believes that advocates of the Second Amendment hold “peculiar” views, that they are “extremists,” and that their rhetoric has been instrumental in blocking legislation that would have saved lives.
I came to realize, partly from e-mail exchanges with ardent foes of gun control over the years, that the real passion for a let-anything-go approach to guns has little to do with culture or hunting. It is rooted in a very peculiar view of how America has maintained its freedom. Rep. Ron Paul, as is his wont, expressed it as plainly as anyone.

“The Second Amendment is not about hunting deer or keeping a pistol in your nightstand,” the Texas Republican declared in 2006. “It is not about protecting oneself against common criminals. It is about preventing tyranny. The Founders knew that unarmed citizens would never be able to overthrow a tyrannical government as they did. . . . The muskets they used against the British army were the assault rifles of that time” …

The approach to guns, violence and “tyranny” promoted by loud voices on the right has been instrumental in blocking measures that could at least have contained the casualties in Tucson – or at Virginia Tech or Columbine. Extremism in defense of feeble gun laws is no virtue.

Dionne doesn’t really know any of this as we will discuss further, but while the Washington Post attempts to frame their anti-gun views in respectable arguments, a discussion thread at Media Matters (focused on the so-called Second Amendment Remedy) turned quickly into a lambaste of “right wing extremists,” and one commenter weighs in by saying that “the “Second Amendment Remedies” remark is one that even the most hypnotized wingnuts won’t generally defend.”

But Ken Klukowski, a research fellow at Liberty University School of Law, observes:
This right has two purposes. One is so Americans can defend themselves from criminals. Another — talked up by the Tea Party but ridiculed by the liberal elite — is that the Second Amendment protects citizens against our own government.

The Supreme Court declared in its landmark 2008 D.C. v. Heller decision — a decision praised by Rep. Gabrielle Giffords, D-Ariz. — that the Second Amendment was enshrined in the Constitution because when vast numbers of citizens have guns and know how to use them, “they are better able to resist tyranny.”

When serving on the California Supreme Court, now-D.C. Circuit Judge Janice Rogers Brown observed, “political writings of the [Founding Fathers] repeatedly expressed a dual concern: facilitating the natural right of self-defense and assuring an armed citizenry capable of repelling foreign invaders and quelling tyrannical leaders.”

Ninth Circuit Judge Diarmuid O’Scannlain explained the Second Amendment “right contains both a political component — it is a means to protect the public from tyranny — and a personal component — it is a means to protect the individual from threats to life or limb.”

The most sobering words come from Judge Alex Kozinski of the 9th Circuit, who wrote, “the simple truth — born of experience — is that tyranny thrives best where government need not fear the wrath of an armed people.”

The son of Holocaust survivors, Kozinski continued, “The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for re-election and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies seem today, facing them unprepared is a mistake a free people get to make only once.”

When leftist rhetoric suffers from a refusal to do even the most basic homework, it’s difficult to take it very seriously. The second category into which much rhetoric seems to fit is one of a fundamentally flawed mechanical understanding of firearms and how they work.

Robert Rector, writing for the Pasadena Star-News, says that he’s ex-Army, but then treats us to this confused set of plans for gun control:
The Second Amendment is a reality. We have the right to keep and bear arms and I do not wish it repealed … I do believe we need to reinstitute the federal assault weapons ban, signed into law by President Clinton and allowed to expire under President Bush. It would, among other things, have prohibited the magazine which allowed the shooter to fire 33 rounds before he was stopped.

I believe we need effective gun control. The right to bear arms doesn’t allow you to own nuclear weapons, surface-to-air missiles or flame-throwers. We should add to that list semi-automatic handguns, super-sized ammo magazines and concealed weapons of any kind.

Rector doesn’t wish the Second Amendment to be repealed, but he wishes to ban semi-automatic handguns, high capacity magazines and “concealed weapons of any kind.” How exactly one could allow Second Amendment rights and yet ban the ownership of any weapon that could be concealed isn’t explained (or obvious). Perhaps Rector wants us to return to single action pistols (that aren’t concealable – if there is such a thing), but he justifies this by denying a right to own a nuclear weapon.

The third category into which much of the rhetoric falls is illogical. Most proponents of a ban on high capacity magazines confuse causation with correlation, and one may include the “excluded middle” in their list of problems. If high capacity magazines weren’t so readily available, they say, crimes like this wouldn’t occur. But this hasn’t been demonstrated, and there are other options. The shooter could simply become skilled at rapid magazine changeout (and see here and here too). Or perhaps since criminals don’t care about the law, they might choose to steal a high capacity magazine or obtain one on the black market. Another option might be to become skilled at the use of tool and die equipment and fabricate their own (after all, it’s only a box with a spring). Yet another option would be to carry two or more handguns, with rounds chambered, so that magazine changeout would be unnecessary. The reader may be able to come up with more options.

Besides being unable to demonstrate that a ban on high capacity magazines would effect the desired outcome, it is a particularly ghoulish and creepy argument anyway to say that it’s okay for a shooter to kill ten people in a crowd (the proposed limit on magazine capacity), but greater than ten deaths is not acceptable. The threshold is completely arbitrary and totally capricious.

One may add to the list of logical fallacies ad hominem insults and an appeal to authority (the genetic fallacy). The leftists are especially crowing about alleged gun rights advocates supporting the proposed ban on high capacity magazines. Vice President Dick Cheney may be open to the idea, although he doesn’t explain what he thinks it will accomplish. And Peggy Noonan even recommends that Obama pursue the idea, while observing that the GOP likely won’t fight it in the Congress.
What civilian needs a pistol with a magazine that loads 33 bullets and allows you to kill that many people without even stopping to reload? No one but people with bad intent. Those clips were banned once; the president should call for reimposing the ban. The Republican Party will not go to the wall to defend extended clips. The problem is the Democratic Party, which overreached after the assassinations of the 1960s, talked about banning all handguns, and suffered a lasting political setback. Now Democrats are so spooked they won’t even move forward on small and obvious things like this. The president should seize the moment and come out strong for a ban.

Of course, Noonan gives us yet another problematic argument, i.e., assuming that the Constitution is discussing needs rather than rights. The road down which she turns is a dastardly one indeed, since Noonan may be not able to convince an empowered government that she needs an automobile for travel or a computer for writing her commentaries.

So here is a challenge – a Second Amendment challenge. Give us an argument by which we may conclude that a ban on high capacity magazines (or semi-automatic handguns) is constitutional and will effect the desired outcome. Do so without using hyperbolic, exaggerated language and without insults, and make it demonstrably logical in its construction. In all of my study I have yet to run across such an argument.

Source. See the original for links

Boxer to Introduce "Common-Sense" Concealed Firearms Act of 2011: "U.S. Senator Barbara Boxer (D-CA) today announced that next week she will introduce the Common-Sense Concealed Firearms Act of 2011, which would require all states that allow residents to carry concealed weapons in public to have minimum standards for granting permits. Senator Boxer said, "The tragic events in Tucson earlier this month are a reminder of why we need common-sense gun laws. This measure will establish reasonable permitting standards for Americans who wish to carry concealed firearms. According to a recent poll, more than 60 percent of respondents believe there should be a reasonable permitting process for those who wish to carry concealed firearms. Senator Boxer's legislation would require all states that allow residents to carry concealed weapons to establish permitting processes that would include meaningful consultation with local law enforcement authorities"

Gun rights supporters decry ATF nominee: "Three days before the mass shooting in Tucson reignited the gun-control debate, the White House renominated a Chicago law enforcement official whose actions have riled the gun rights movement to head the country's firearms enforcement agency. Andrew Traver — who would head the Bureau of Alcohol, Tobacco, Firearms and Explosives— leads the agency's Chicago office, where he has been tagged an anti-gun zealot by some gun rights advocates who oppose his nomination."

Monday, January 24, 2011

CA: Burglar Wounded by Homeowner: "A Fresno burglar wound up in the hospital with a gunshot wound Thursday after he picked the wrong house -- then ran the wrong way to try to escape. It took place near Herndon and Milburn Avenues. A man went to the front door of a house and "found entry by kicking the door open," police Lt. Burke Farrah told KMJ News. The homeowner turned out to be a former Fresno County juvenile probation officer, who opened fire on the suspect, wounding him. After the burglar was shot in the leg, he ran off, only to be captured with the help of a Kings County Welfare Department investigator, who was in the area."

CA: Off-duty officer pulled gun in defense: "The off-duty San Rafael police officer who allegedly pulled out a gun in a dispute with man outside of a downtown restaurant on New Year’s Eve was acting in self-defense, his lawyer claims. Prosecutors have not filed formal charges, but are investigating the incident, involving Cpl. Michael Augustus, and a court hearing is scheduled for Feb. 3. Attorney Matthew Pavone of Novato says that Augustus, 43, had been dining with his wife, stepson and the boy’s father at Kabuki Restaurant & Sushi Bar, at 17 Petaluma Blvd. North, and was leaving a bathroom when he mistook a man for a criminal defendant. Pavone says that the two men exchanged words, but that Augustus then left the restaurant, and two men followed him. The men then approached Augustus in a threatening manner, prompting him to take a gun out of his holster and tell them to stay back, Pavone says, adding that the men cooperated, and Augustus then put his gun away and quickly left the area to keep the situation from escalating."

Calif. handgun ammo rules thrown out: "A trial court judge in central California has thrown out key sections of a state law restricting handgun ammunition sales, barring authorities from registering bullet buyers' thumbprints on the grounds that it would be unconstitutional. Gun rights supporters applauded Tuesday's ruling in Fresno County Superior Court, saying the law would have created uncertainty by forcing local sheriffs and firearms shops to decide for themselves what caliber of bullets were covered under the regulations. The statute also would have compelled customers to buy their handgun ammunition in face-to-face transactions, which they said would not have prevented a tragedy like the Jan. 8 shooting rampage in Arizona that killed six people and wounded 13 others, including U.S. Rep. Gabrielle Giffords."

Sunday, January 23, 2011

MS: Jury finds man was killed in self-defense: "After a four-day trial, a Clay County jury returned a not-guilty verdict Friday in the manslaughter trial of Jeremy Barnhill. The jury found that Barnhill, 26, of West Point, shot and killed 46-year-old Curtis Clardy in self-defense on Jack Williams Road in the Cedar Bluff community on Jan. 2, 2010. Barnhill testified Thursday that he went to Clardy's house on Jan. 2, 2010, to pick up his sister, Tiffany Johnson. When he arrived at Clardy's house, he saw Clardy in the yard and drove past, heading down the dead-end road. After he turned around to go back the way he came, he met Clardy, who blocked the road with his truck, Barnhill said. Then, he continued, Clardy, who had a knife, and Clardy's best friend, Donald Sheward, approached him while he was sitting in his vehicle with the door open and attacked him. Fearing for his life, Barnhill took the pistol and pushed it into Clardy's stomach and told him to leave, Barnhill said. When Clardy tried to break free, Barnhill shot him once."

GA: Parking lot robber shot: "No criminal charges will be filed against the man who fatally shot the suspect, identified as Yuhanna Abdulah Williams, 30, in an apparent robbery attempt Saturday in the parking lot of a Salem Road grocery store. The victim was carrying a gun in his holster and shot Williams, one of two assailants, during the struggle that occurred at around 8 p.m. Saturday outside the Ingles grocery store, located at 2455 Salem Road..... She said the 22-year-old man had a gun permit for the weapon used in the shooting. “He was checked out at the hospital and released right after,” Shupe said. The shooting stemmed from an armed robbery attempt in which the Conyers man was attacked at knife point by two men. There was struggle between the victim and the robbers that resulted in the death of Williams, who was shot in the head and died at the scene."

Giving guns to teachers: A Nebraska legislator submits bill: "It was inevitable that someone would push a plan to allow teachers to pack concealed guns, and now, someone has, that someone being Nebraska state Sen. Mark Christensen, who has even submitted legislation to that end. Here’s what he was quoted as saying by the Christian Science Monitor as he submitted his bill this week to the state legislature: “If you have a kid come in to shoot a teacher ... or other kids, it’s best to have somebody that can take care of the situation.” Christensen’s plan also followed a recent shooting in which an Omaha high school senior killed an assistant principal and wounded a principal before killing himself, the Monitor reported."

Saturday, January 22, 2011

MT: Fatal shooting deemed "justified self-defense": "The Mineral County Sheriff's Office is calling a December fatal shooting in DeBorgia a case of justified self-defense. Sergeant Bill Pandis says that on December 12th the Mineral County Sheriff's Office and the Montana Highway Patrol responded to a reported domestic disturbance at a DeBorgia home. Officers arrived on the scene to find Jack Finley dead from a gunshot wound to the chest. An investigation revealed Finley and his wife were fighting the night of the shooting and after the altercation, Finley called his step-son and asked him to come to his house. A short time after his step-son arrived, Finley ended up grabbing a shotgun and started threatening to kill his wife, the step-son, and himself. Finley then pointed the gun at his step-son. His step-son then pulled out his pistol and shot Finley.

VA: Wife cleared in slaying of husband: "A Spotsylvania County jury yesterday decided that Janay Majors was justified when she shot and killed her husband last year during a domestic altercation. Majors, 27, shot 32-year-old Anthony O'Brian Majors six times in what the defense successfully argued was self-defense. Among the defense witnesses called yesterday was Barbara Majors, the victim's mother. She testified that she had been concerned about her son's temper for some time and had urged him to get help for it. According to her statement to police, Brian Majors called her at 9:30 p.m., and told her not to come home. She went home anyway with their twin 18-month-old sons, and found him irate. She said he told her: "Tonight's the night you're going to die. I'm going to blow your [expletive] brains out." The woman ended up locking herself inside the master bedroom, and emptied her 9 mm pistol as her husband was trying to get in."

WV: Drug dealer killed robber in self defense: "William Horton Jr., 27, Shaquille Lewis, 16, and John Cottingham, 22, attempted to rob Hitchner's residence on June 26. Police said Cottingham and Hitchner got into an altercation while Hitchner was trying to retrieve the drugs "stashed" at his house. Cottingham had a gun on him and allegedly pistol-whipped Hitchner. Hitchner was able to wrestle the gun from Cottingham and shot him twice, killing him. A federal warrant was issued for Hitchner in September for drug charges. Hitchner was apprehended in North Carolina in December. Police say no charges have been filed against Hitchner at the state level because he acted in "self-defense".

Colo.: Greeley school board member can't take gun to meetings: "A Greeley radio personality and Board of Education member will not be allowed to bring a gun to future Board meetings. The Board voted 5-2 Thursday evening to hold all future meetings in Greeley-Evans district schools where, by current law, weapons are not allowed. Board member Brett Reese had asked for permission to carry a gun for self-protection. Reese, who airs a show on The Pirate, 104.7 FM in Greeley, has received a number of death threats since broadcasting a letter critical of Dr. Martin Luther King in the weeks leading up to the recent King holiday. "Guns do not kill people, people kill people," said Reese during Thursday's meeting as he called fellow Board members arrogant for not respecting his 2nd Amendment right to self-defense."

Friday, January 21, 2011

CA.: Musician shot alleged attacker in self-defense: "The Sacramento County District Attorney's Office has determined that the musician who shot an alleged attacker outside a downtown restaurant in October acted in self-defense, but he was charged with a misdemeanor violation for carrying a loaded firearm in a public place. Prosecutors said Phillips – who was performing with a band in front of The Broiler, an upscale steakhouse on K Street – had seen the alleged attacker, the 29-year-old Rawles, fight a homeless man and slug a waiter at the restaurant. When the intoxicated Rawles allegedly turned to confront Phillips, prosecutors said, "it was reasonable for him to believe he was in imminent danger of serious bodily injury." Rawles cut an intimidating figure, at 6 feet 5 inches tall and 270 pounds, authorities said. Phillips retrieved the firearm from his music travel bag and fired at Rawles, striking him twice. Rawles survived his wounds and has been charged with felony battery causing serious bodily injury for his alleged assault on the waiter and felony assault with force likely to cause great bodily injury for his alleged attack on Phillips."

CA: Robber faces murder charge in death of his accomplice: "A man accused of breaking into a Los Osos home while armed in 2009 to steal marijuana and money — a robbery that prompted the shooting death of his accomplice — began his murder trial Thursday afternoon in San Luis Obispo Superior Court.... Davis said he was eating Thai food in his home when Bakerriley knocked on the door and demanded to know where “Scooter” was. Davis said he’d never seen Bakerriley or Alvarez before. Both men entered the house and talked to Davis and his friend. As they spoke, Bakerriley wielded a gun, warning Davis not to try anything because he was a thug. Bakerriley demanded money and marijuana, Davis said. Davis grabbed his 22-caliber handgun after being led into a back room of the house by Bakerriley. Once in the room, Davis started firing shots. He said he never saw Alvarez during the time he fired the gun."

Is “Project Gunwalker” about to bust wide open? "We’ve recently discussed what I call 'Project Gunwalker.' That title is a parody of the 'Project Gunrunner' name the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has assigned to its southwest border initiative on U.S. guns going to the Mexican drug criminals, and refers to sourced information that the bureau has intentionally — and importantly, criminally, and with management cognizance — allowed guns to be transported across the border while keeping Mexican authorities in the dark"

Knee-Jerk gun control reaches new low: "What is as predictable as a threatened snowstorm bringing Atlanta to a standstill? Answer -- gun control advocates taking advantage of every shooting incident as an excuse to further restrict Americans' Second Amendment rights. The recent shooting incident in Tucson, Arizona — involving a clearly deranged individual who shot Congresswoman Gabrielle Giffords, a federal judge and several other innocent people -- is no exception."

Thursday, January 20, 2011

Meet another victim of New Jersey's idiotic gun laws

You can always trust the Keystone Kops of the Port Authority Police Department to keep New Jersey safe from legal gun owners. Utah resident Gregg Revell made the mistake of traveling through Newark Airport with a legally owned, unloaded firearm in his checked luggage. He was on his way to Allentown, Pennsylvania but missed his connecting flight when the plane from Salt Lake City arrived too late.

It didn't help that the airline had misdirected his luggage; the firearm which should have been checked through to Allentown was instead tagged for a final destination of Newark.

Then he met the crackerjack pension padding and taxi service squad we all know and love — the Port Authority of New York and New Jersey police. The next thing Gregg Revell knew, he was under arrest and in a heap of legal and bureaucratic trouble.

The airline wanted to bus its passengers to Allentown, but Revell realized that his luggage had not made it onto the bus and got off. After finding his luggage had been given a final destination of Newark by mistake, Revell missed the bus. He collected his luggage, including his gun and ammunition, and decided to wait in a nearby hotel with his stuff until the next flight in the morning.

When Revell tried to check in for the morning flight, he again informed the airline officials about his gun and ammunition to have them checked through to Allentown. He was reported to the TSA, and then arrested by Port Authority police for having a gun in New Jersey without a New Jersey license.

He spent 10 days in several different jails before posting bail. Police dropped the charges a few months later. But his gun and ammunition were not returned to him until 2008.

Can you say "over-reaction"? Like the Brian Aitken case, Mr. Revell was merely passing through New Jersey. He followed all the federal rules pertaining to the transportation of firearms. And he still spent 10 days in the slammer just for being the victim of an airline snafu.

Revell said he should not have been arrested because federal law allows licensed gun owners to take their weapons through any state as long as they are unloaded and not readily accessible to people. He said it was not his fault the airline stranded him in New Jersey by making him miss his flight and routing his luggage to the wrong destination.

Prosecutors said it doesn't matter whose fault it was: Revell was arrested in New Jersey with a readily accessible gun in his possession without a New Jersey license.

Gotta buck up those arrest statistics! A white guy with an "illegal" gun is prosecutorial gold. Fortunately a court threw out the charges but it still took the Port Authority PD three years to return Mr. Revell's gun to him. Three years of fighting an uphill battle against an entrenched bureaucracy!

Gregg Revell sued the Port Authority police for violating his Second Amendment rights. Even though various courts have sympathized with his plight they have refused to let his lawsuit against the police go forward.

For the average citizen, ignorance of the law is no excuse. For a Port Authority cop, ignorance of the law gets you a mulligan along with a wink and a nudge from your law enforcement buddies.

Today Gregg Revell's case went before the U.S. Supreme Court. And they denied him justice. In New Jersey your rights end whenever a cop says they end. Yes folks, we live in a Police State. Gregg Revell is merely its latest victim. He surely won't be its last.


LA: Man shoots burglar: "John Lott was home with his family when his wife alerted him that a man was burglarizing their parked vehicle, Bacala said. Lott told investigators that he grabbed his handgun, opened his door and told the man, later identified as Anderman, to get out of the vehicle, Bacala said. Anderman looked at Lott but continued rummaging through the vehicle, Bacala said. Lott told Anderman he was armed and warned that he would shoot if Anderman didn’t get out of the vehicle, Bacala said. Anderman ignored Lott, Bacala said, and a moment later advanced toward Lott while paying no heed to the homeowner’s warnings. Lott fired several shots at Anderman, who attempted to flee, but fell in the yard a short time later as a result of a gunshot wound."

KY: Store owner shoots would-be robber: "Authorities say a store owner shot and injured a would-be robber who Metro Police detectives believe could be responsible for more than a dozen similar crimes. Jeremy Simpson, 26, was listed in fair condition Wednesday night after being shot several times earlier in the day at the Knapps Food Mart in Shively. Around 8:30 a.m., police say Simpson was attempting to rob the Knapps Food Mart when the owner confronted him, shooting him six times, according to witnesses. Doug Puckett, the manager at the Circle K, described his experience as his store was being robbed early Wednesday. "It looked like a glock millimeter gun. He was waving it around telling us to get our drawers open, get the money out, get it put in the bag. He was telling us to get on the floor count to five, which was the scary part," Puckett said."

Wednesday, January 19, 2011

TX: Man acquitted in 2009 slaying he had said was in self-defense: "A Mansfield man was acquitted Tuesday of a murder charge in the death of a 22-year-old man during a dispute over a drug debt that culminated in a shootout on a residential street in Mansfield. A Tarrant County jury deliberated about five hours before finding Antatvion Dezmon Elliott, 23, not guilty of gunning down Daniel Jones Jr. on Aug. 15, 2009, as Jones and some friends drove down Cancun Drive toward the house where Elliott lived with his parents and siblings. Elliott admitted firing the shots that killed Jones but contended that he acted to protect himself, his family and his home, which he said had been invaded the month before by Jones and another man. The pair had threatened to kill the Elliott family, according to testimony."

Las Vegas Man Thwarts Robbery by Shooting at Suspect: "Shots rang out in a crowded Wal-Mart Supercenter parking lot on West Lake Mead Boulevard near North Simmons Street Tuesday afternoon. The bullets started flying - not from an armed thug - but from an honest citizen trying to defend himself against an attacker. The suspect thought he picked an easy target to rob, but the 57-year-old victim had a gun of his own. The criminal got more than he bargained for. "He was demanding wallet, watch, jewelry, anything of any value from the victim, at which point during that physical altercation, the victim did pull out a weapon," said North Las Vegas Police Officer Chrissie Coon. The robber violently shoved the victim, who aimed his gun toward his mugger and opened fire. The victim fired several rounds that echoed throughout the packed parking lot. The attacker ran from the gunfire and drove away. "At this point in the investigation, it's unknown whether or not the suspect was actually hit," Coon said."

AZ: Pro-gun groups focus on colleges: "The Arizona shooting has emboldened pro-gun groups that plan to lobby politicians for proposed laws that could expand the right to carry concealed weapons on the state's college campuses. At least two bills are on the table in Arizona, which resumed its legislative session this week. One would allow faculty members to carry concealed weapons on campus. The other would prevent colleges from stopping people with a valid permit, including students, from carrying them on campus."

Lugar pushes to renew assault weapons ban: "Sen. Richard Lugar (R-Ind.) this weekend called on Congress to reinstate the assault weapons ban that expired in 2004. Lugar is the first GOP senator to call for increased gun control following the Tucson tragedy that killed six people and wounded 13 others, including Arizona Rep. Gabrielle Giffords. But Lugar, who supported the initial 10-year-long assault weapons ban when it passed in 1994, said he's not optimistic about the chances for passing gun control legislation this Congress. “I believe it should be, but I recognize the fact that the politics domestically in our country with regard to this are on a different track altogether,” Lugar told Bloomberg Television’s Al Hunt"

Tuesday, January 18, 2011

NC: Store Clerk Kills One Robbery Suspect and Injures Another: "Police say a store clerk shot two robbery suspects in north Charlotte. One of the suspects is dead. Police say two men with guns tried to rob a Subway on W. Sugar Creek Road in north Charlotte Monday night. The clerk ended up shooting both suspects with his own gun. One suspect died at the scene and the other suspect showed up at a local hospital. Police are questioning two other people. The clerk is currently being interviewed at police headquarters."

MD: Intruder was shot after warning: "A New Carrollton man shot and killed a home invader Tuesday night as the intruder broke through the glass panes of the man's front door and reached through to unlock it, officials and law enforcement sources said. The 27-year-old resident, whom police did not identify because he is not charged with a crime, was standing in the doorway with a shotgun while the other man, apparently a stranger, tried to break in, police officials and law enforcement sources said.... the residents screamed at the intruder that he should leave as he continued to force his hand through the glass... By the time they arrived, Ellis said, the intruder was dead on the front porch, shot by the 27-year-old, who lived in the house with his parents. Police identified the man who was killed as Clyde Antwone Rosevelt Howard, 30."

GA: Policy change allows guns in cars on school property: "Savannah-Chatham Public Schools officials have reluctantly weakened their weapons policy in order to comply with a new Georgia law allowing gun owners to store guns in cars parked on school property. 'It's scary, but it's state law,' said David Fields, chief executive officer of the Savannah-Chatham Public School System. Employees of the state who are licensed gun owners can now store guns in privately owned vehicles they park on their employer's premises, as long as the weapon is locked in an enclosed compartment and out of sight."

Obama regime’s proposed gun regulation for border states meets with bipartisan dissent: "At least three Democrats in the Senate and several more in the House are voicing opposition to a proposed regulation from the Bureau of Alcohol, Tobacco, Firearms and Explosives that would require about 8,500 gun dealers in four states -- California, New Mexico, Arizona and Texas -- to report gun sales of two or more high-powered rifles sold within five consecutive business days."

Monday, January 17, 2011

La. man beat his father for drug money, gets shot: "A 31-year-old man who was shot by his father in self-defense was charged with second-degree battery after he allegedly beat his father in an attempt to force the father to give him money for drugs, according to the Tangipahoa Parish Sheriff's Office. On Nov. 9, Dominick Richard brutally beat his father when his father wouldn't give him money for drug, and then Richard knocked his father unconscious, according to police. "Upon awakening, Richard attempted to strike his father again," said sheriff's office spokeswoman Dawn Panepinto. "The father then armed himself with a gun and fired upon Richard in self defense. Richard was subsequently struck in the abdomen and was taken to a nearby hospital for treatment." Richard was charged after he was treated and released from the hospital."

Retired Detroit Police Officer Involved In Shooting: "Sources told Local 4, seconds after the retired police officer had pulled into the parking lot of the party store; he was approached by an armed young man. Sources said the suspect is an 18-year-old black man who was trying to rob the retired officer. Acting quickly, the retired officer pulled out his own gun and shot and killed the suspect, sources said. The retired officer had worked for Detroit police for more than 20 years, sources said. No one else was hurt in the incident."

Michael Bloomberg, serial killer: "The easiest thing in the world to forget is how it felt to be poor. And if you've never been poor (or even middle class), you might as well belong to a different species from the rest of us. Worth about $11.5 billion dollars, Bloomberg is rather typical of the arrogant, power-hungry 'malefactors of great wealth' who are protected by heavily-armed bodyguards, go everywhere by armored limousine and helicopters, and who have no idea at all what it's like for ordinary people to work hard, struggle to pay the bills, and brave the savage jungles that victim disarmament has made out of America's once great cities. "

What America really needs is more “good people” with guns!: "The shootings in Tucson of Congresswoman Giffords and 19 other people by an absolute madman have brought all the usual gun-grabbers out of the woodwork demanding that, 'We have to do something about all these guns!' They miss the point entirely! The answer to this horror is not to take the guns from the average American, but to ensure that a larger percentage of 'the good people' are well trained and well armed."

Sunday, January 16, 2011

MO: Armed female homeowner shoots at would-be burglars: "Would-be burglars got a big and loud surprise when they tried to break into a North St. Louis home Wednesday afternoon. The suspects thought a home in the 4800 block of Carter Avenue was empty shortly after 2 p.m. What they found was the 56-year-old homeowner, armed and ready to defend her house. She fired several shots at the four suspects, who immediately fled the scene. Two people were taken into custody a short time later. They were not wounded. Police are unsure if the homeowner, who is a block captain for her street, struck the other two suspects, who remain at-large."

Wisconsin legislators expected to expand gun owner rights by spring: "Guns are intrinsic to Wisconsin culture, but even with its rich heritage of hunting, the state remains one of the most restrictive when it comes to gun rights. Wisconsin is one of only two states that do not allow the concealed carry of firearms. But with Republicans in control of both legislative chambers and the governor's mansion, that's expected to soon change. The question is what, if anything, the state will do to keep guns out of the hands of unstable people and ensure that those who do go armed know how to handle their weapons. Democrats and Republicans agree that a concealed carry law will pass the Legislature this session - and unlike the past two times, former Gov. Jim Doyle won't be around to veto it. Gov. Scott Walker said this week he expects a concealed carry bill to emerge as early as spring - after the Legislature tackles more pressing issues like job growth and the budget - and that he will sign it."

Decriminalize gun owners: "Fingerprint databases. Statist licensing schemes. Hefty fees. The never-ending bureaucratic application process. Sometimes it seems the roadblocks anti-gun activists and their political allies have thrown up to discourage Citizens from carrying a firearm are endless. Well, guess what? They meant it that way. The gun-grabbers know good and well criminals don't ask for permission to legally carry a firearm."

Open Carry: The children's book: "A trio of gun rights advocates in Michigan have tried to address the knotty problem of what their kids might go through trying to figure why Mom and Dad go out armed when others don't. The authors of 'My Parents Open Carry' say they couldn't find any pro-gun children's books, and so put theirs together with goal of providing 'a wholesome family book that reflects the views of the majority of the American people, i.e., that self-defense is a basic natural right and that firearms provide the most efficient means for that defense.'"

Saturday, January 15, 2011

TN: No charges in fatal intruder attack: "No charges will be filed against a Seymour man who fatally shot an intruder in his home during an attack last month, Sevier County authorities announced Friday. Sevier County Sheriff's Office deputies responded Dec. 27 to Bowen's home at 1715 E. Union Valley Road, where they found Michael S. Hutton, 36, of Sevierville dead in a bedroom. Bowen, 37, told deputies that he knew Hutton and had invited him inside just before 10 a.m. Bowen said he shot Hutton after Hutton attacked him with a tire tool and a knife. Then Hutton attacked a guest, Amy Lowery, cutting her throat with a butcher knife. Next he stabbed Bowen's 67-year-old mother, Diane Bowen, in the face, Capt. Jeff McCarter said. Bowen was able to get a gun and kill Hutton, according to Dunn. All three victims were at home Friday after being released from the University of Tennessee Medical Center in Knoxville"

OR: Kiosk robbery suspect arrested: A police SWAT team worked with detectives to take the suspect, identified as 27-year-old Eugene resident Brandon Lee Plunk, into custody Friday afternoon at his home in the 100 block of Hillcrest Drive, off River Road. Police allege that Plunk accompanied Sirus Combs, 27, to the Dutch Bros. stand at 2115 Franklin Blvd. the night before Thanksgiving, with plans to steal money from the business. Their attempt to rob the lone employee on duty at the time was foiled when the barista pulled a gun on Combs, who was killed while exchanging gunfire with the worker, police said. The barista, a man in his 20s who has not been identified by authorities, told detectives that Combs’ accomplice ran from the area after the shooting. Police say Plunk was the second robber. Plunk, a longtime Eugene resident, has a lengthy criminal record that includes convictions for robbery, assault and drug possession. If he’s found guilty in the Dutch Bros. robbery, he could spend several decades behind bars, Swenson said."

AL: Man charged in home invasion shootout: "Quortez Marshall, 21, was shot after he and two other men charged into a home on Springdale Road in North Gadsden between 7:30 p.m. and 8 p.m. Dec. 27 while armed with various guns, Gadsden Police Capt. Regina May said. The homeowner, Shara Madden, and her companions armed themselves, and both groups began shooting at each other. A man visiting Madden's home also was shot, but was not as seriously injured as Marshall. He called his wife to take him to the hospital and they were involved in a wreck on the way. No other injuries were reported in the wreck. Marshall was flown to UAB Hospital for treatment and initially was in critical condition. He since has been moved to Spain Rehabilitation. He is charged with three counts of burglary and three counts of attempted murder."

NH: GOP leaders hail gun OK in capitol: "As a state representative, Al Baldasaro says he has been physically threatened multiple times. But he has always felt a measure of safety because New Hampshire’s laws permit him to carry a concealed weapon. 'This is why we are the safest state in the country,' said the former Marine, whose grandfather was mayor of Cambridge. Now, the Republican says he feels even safer after legislators voted last week to overturn a ban on weapons in the State House and permit concealed weapons on the House floor and in the visitors’ gallery."

Friday, January 14, 2011

Wisconsin cops cough up bucks for illegal arrests

Citizens' group fighting back against agencies that don't follow state constitution

A state constitutional provision in Wisconsin that allows citizens to carry a handgun openly - except for specific locations like in government buildings and in school zones - is costing police departments big bucks over their officers' insistence on arresting people anyway.

Already, one city has had to pay $10,000 in a settlement over an improper arrest of someone carrying a gun, and a second municipality has been ordered to pay $7,500, and several more challenges to police actions already are in the court system.

The issue stems from a state constitutional amendment from more than a decade ago that provides that residents "have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

For years, some police officers simply charged anyone carrying a weapon openly with "disorderly conduct" rather than contest the constitutional provision, according to Nik Clark, of an organization called Wisconsin Carry, which launched just a year ago and already has "thousands" of members because of its fight over gun rights.

Then came an opinion from state Attorney General J.B. Van Hollen that those "disorderly conduct" charges were outrageous. His advisory memorandum said: "A Wisconsin citizen has a constitutionally protected right to openly carry a firearm for any of the enumerated purposes, absent the application of a reasonable regulation properly imposed as an exercise of police power."

That doesn't fall under the state's "disorderly conduct" ban, which states, "Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor," he concluded. "The department believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge," the attorney general ruled.

Clark told WND that left those select police departments where officers did want to restrict citizens' access to weapons hunting for something else to use as a charge, and as a result, several court cases have developed. "We've done open records [actions]," Clark said. "There was a pretty vast conspiracy to find something to bust people on. [There were] memos that went back and forth, asking 'What can we nail these people for?'"

One case brought by Wisconsin Carry recently was settled for a payment of $7,500. Krysta Sutterfield had sued Brookfield after officers arrested her as she was leaving a service at a church while wearing her holstered handgun. Brad Schimel, Waukesha County's prosecuting attorney, decided not to file charges, and Sutterfield and Wisconsin Carry sued.

Clark confirmed his organization "will continue to use legal resource to deter unlawful treatment of law-abiding Wisconsin residents who currently exercise their right to open carry."

Clark told WND an earlier case was settled for $10,000. That involved the city of Racine and an arrest there. Further, Clark said, at least two other cases already are pending, including one over the "Madison Five," who were carrying while they were enjoying a dinner out one evening. A woman called police, and after she was told it was a legal activity in the state, declined to pursue it. Police came anyway and gave the five citations.

The organization also is challenging the state's ban on open carry of weapons within 1,000 feet of a school, because that distance includes group members' private residences, and easily could trap someone who is carrying legally but doesn't know a school is in the adjacent block.

Clark told WND one dispute arose when a man was carrying and was 984 feet from a school. He was arrested and while charges later were dropped he did spend 17 days in jail awaiting a hearing before a judge.

The conflicts arise because of the state constitution's provision for carrying gun for "any" lawful purpose and some police departments to take a dim view of citizens with weapons, he said.

The arrest of the woman leaving church is an example of some attitudes, he said.

"As open-carry is perfectly legal in Wisconsin and the officers were aware she (a Wisconsin Carry member) had threatened no one and caused no disturbance, the officers had no reasonable articulable suspicion (RAS) which the law requires, to stop and detain our member against her will. In addition, by drawing their guns on a law-abiding citizen who had done nothing wrong, the officers used an unlawful threat of deadly force during their detainment of our member. The police proceeded to, without reasonable suspicion or probable cause that any crime had occurred, conduct an illegal and unconstitutional search of our member's person and car. Our member was then unlawfully arrested and taken to the Brookfield Police Department for processing," he explained.

WND has reported on the tidal wave of changes across the United States following two decisions by the U.S. Supreme Court regarding guns.

The Heller case, from Washington, D.C., in 2008, forbade blanket gun bans, and the 2010 McDonald case from Chicago determined that the 2nd Amendment right to bear arms applies to individuals, not just National Guard units and the like.

Since then, the Second Amendment Foundation, has brought a long list of court cases challenging local and state gun regulations as being in violation of the Constitution.

Among the cases it has launched:
One complaint was filed against state officials and several judges in New Jersey over procedures that allowed them to refuse firearms permits for a kidnap victim, a man who carries large amounts of cash for his business and a civilian FBI employee who fears attacks from radical Islamists. It was brought in U.S. District Court for the District of New Jersey against Superior Court judges Philip M. Maenza of Morris County, Rudolph A. Filko of Passaic County and Edward A. Jerejian of Bergen County in addition to Rick Fuentes of the state police, Hammonton police chief Frank Ingemi and New Jersey Attorney General Paula Dow.

The SAF filed a case on behalf of an honorably discharged veteran from the Vietnam War and names as defendants Attorney General Eric Holder and the Federal Bureau of Investigation. The case was filed in U.S. District Court for the District of Columbia on behalf of Jefferson Wayne Schrader. The question is whether the state of Maryland can deprive an individual of the right to possess a weapon over a misdemeanor. Schrader had been convicted of misdemeanor assault relating to a fight involving a man who previously had assaulted him in Annapolis. But he was denied the opportunity to receive a shotgun as a gift, or to purchase a handgun for personal protection.

The organization sued the city of Chicago again, this time because it adopted a requirement that gun owners spend time at shooting ranges, then banned shooting ranges. Gottlieb said, "They have crafted this new ordinance to make it virtually impossible for prospective gun owners to meet all legal requirements unless they travel outside the city for mandatory training. The new ordinance prohibits public gun ranges inside the city yet the city demands that handgun owners get at least one hour of range training time." The Second Amendment Foundation said the city's regulations are depriving citizens of their rights.

It filed a claim against Maryland for a man who alleges the state is violating the Second Amendment by refusing to renew his handgun permit. Raymond Woollard originally was issued a carry permit after a man broke into his home during a family event in 2002. Woollard's permit was renewed in 2005 after the defendant in the case was released from prison. But state officials now have refused to renew the permit, even though the intruder now lives some three miles from Woollard.

It sued Westchester County, N.Y., because officials there were requiring residents to have a "good cause" to ask for a handgun permit. The federal lawsuit alleges the requirement conflicts with the U.S. Supreme Court ruling that the Second Amendment establishes a personal right to "keep and bear arms." Individual plaintiffs in the case are Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied.

The earliest case to result from the McDonald decision challenged a practice in North Carolina of banning guns during "emergencies." The case claimed state statutes forbidding the carrying of firearms or ammunition when officials declare "states of emergency" are unconstitutional. Further, the plaintiffs said a state law allowing the government to prohibit the sale, purchase and possession of firearms and ammunition is unconstitutional. WND reported earlier this year when residents of King, N.C., were startled by the banishment of firearms during a "declared snow emergency."

The high court's 5-4 ruling in the first Chicago case was forecast to bring on such challenges.

It flipped "the burden onto the government and legislatures to show why they need to restrict what the court has already said is an individual right," John Velleco, director of federal affairs for Gun Owners of America, told WND after the decision.

There is other action on the state level regarding gun rights. Already, eight states have adopted laws that exempt guns made, sold and kept inside the states from any federal gun regulations.

A court case already is being heard over the effort in Montana - the first state to take the step of ordering federal regulators to stay out of the state's business of regulating its citizenry's weapons.

In Wyoming, lawmakers even adopted a $2,000 penalty for federal agents trying to enforce federal regulations against an exempted weapon.


Poll: Most say stricter gun laws would not help prevent shootings: "Most Americans say stronger gun control laws are not the answer to the shootings last weekend of a U.S. congresswoman and the killing of six others. A new Rasmussen Reports national telephone survey, taken Monday and Tuesday nights, finds that only 29% of Adults think stricter gun control laws would help prevent shootings like the one in Arizona last Saturday. Sixty-two percent (62%) disagree and say stronger gun control would not make a difference."

NV: Bar employee shoots robbery suspect: "Authorities say a suspect entered The Lodge at Fort Apache sometime before 6 a.m. He held up the bar and exited with cash, according to Metro Police. An employee armed with a weapon went outside to get a good look at the suspect's vehicle when the suspect fired at the employee, Metro Police said. Gunfire was then exchanged and the suspect was hit in the chest."

In Tucson, guns have a broad constituency: "Most people at the ranges said that, if anything, the shooting would cause more people to carry guns as a means of self-defense, rather than cause a retrenchment in the form of stricter laws. 'The criminals are going to have guns, so why should we as law-abiding citizens be punished for what a criminal does?' said Ms. O'Connell. Ms. O'Connell lamented the death of Judge Roll, who was well known at the range: 'He knew how to shoot, but he'd just been to church, and he probably didn't have his gun.'"

Thursday, January 13, 2011

Wisconsin Open-Carry Case

(Milwaukee, Wisconsin) Last July, a local woman, Krysta Sutterfield, attended services at the Unitarian Universalist Church in Brookfield carrying a holstered sidearm. Despite no disturbance being reported, someone called police who responded with guns drawn.

Sutterfield was taken into custody although no charges were ever filed. It's legal for citizens to open-carry in Wisconsin.

As a consequence of the aggressive involvement of the police, Sutterfield and the gun-rights group Wisconsin Carry, Inc., filed a federal lawsuit in U.S. District Court of the Eastern District of Wisconsin against the city and the police officers.

Resolution came with the defendants offering a settlement of $7,500 to the plaintiffs without admitting liability.
Nik Clark, president of Wisconsin Carry, said he was pleased to announce the judgment on behalf of his group's thousands of members and on behalf of "law-abiding citizens" who legally exercise their right to carry in the state.

"As open-carry is perfectly legal in Wisconsin and the officers were aware she had threatened no one and caused no disturbance, the officers had no reasonable articulable suspicion, which the law requires, to stop and detain our member against her will," Clark said. "In addition, by drawing their guns on a law-abiding citizen who had done nothing wrong, the officers used an unlawful threat of deadly force during their detainment of our member."
Case closed.

Notably, other Wisconsin cities have pending lawsuits in similar gun-related cases. Heh.

MD: Homeowner shoots intruder: "A home intruder was shot and found dead more than a mile away from a house that he was trying to break into .... the female homeowner saw the man as she came out of a bedroom, and she fired her handgun at him. 'The burglar also fired several rounds. The suspect was struck by the homeowner,' said Baltimore County police spokesman Lt. Rob McCullough."

UT: 2 men draw guns in Village Inn parking lot: "An altercation between two men occurred Saturday around 11 p.m. in the parking lot at Village Inn on 900 E. 400 South. After a verbal altercation inside the restaurant, as one man was getting into his truck, the other man approached his vehicle yelling, then reached down, exposing a gun, said Sgt. Shawn Josephson of the Salt Lake City Police Department. According to the police report, the man in his truck drew his own gun and pointed it at the other out of self-defense. The second man then got into another car and left, and the first man left shortly after. Both individuals left the scene by the time police arrived. No injuries were reported.

McCarthy milks Arizona shooting for new victim disarmament mileage: "Democratic Rep. Carolyn McCarthy of New York plans to introduce legislation in the coming days that would limit access to the type of weaponry used to gun down Arizona Rep. Gabrielle Giffords (D) and 19 other people. ... McCarthy today will officially announce she is working on a bill targeting the high-capacity ammunition clips the gunman allegedly used in the shooting, as Politico first reported."

You can't legislate away crazy: "I am deeply saddened by the loss of life from the tragic shooting in Tucson, Arizona.Our country is already going through a trying time as it deals with the economy and a loss of faith in our politicians. Unfortunately, the talking heads are already playing the blame game. Arizona has been celebrating recent improvements in its policy toward self defense and personal protection. It has become a model of freedom."

Wednesday, January 12, 2011

FL: No charges in Town 'n' Country shooting: "A Town 'n' Country man accused of shooting and killing a teenager during a confrontation in November has been cleared in the case. Baker, 28, told investigators he was out jogging when he came upon Mustelier and Mustelier's 16-year-old friend near Pinehurst Drive and Hickory Circle after 1 a.m. Baker told the sheriff's office he thought Mustelier was trying to rob him and appeared to be reaching for a gun. He said Mustelier struck him and he feared for his life. Baker fired several shots at Mustelier. Neither teen was armed. After the shooting, Mustelier's family and close friends insisted that he was not capable of robbing or harming anyone. However, statements made to police by the teen who was with Mustelier on the night of the shooting back up Baker's story. The friend told investigators "I seen Carlos lunge at him and swing and I seen the dude back up ... Baker, who has a concealed weapons permit, fired several shots."

FL: Suspect shot during robbery at Bill's Mini Mart: "January 10th, at approximately 10:00PM, the Tallahassee Police Department responded to a reported robbery at 1020 South Magnolia Drive (Bill's Mini Mart). Upon arrival, officers discovered 23 year-old Andrew Hale had been shot. Hale succumbed to his injuries after being transported to Tallahassee Memorial Hospital. Based on physical evidence and witness statements, the initial investigation indicates Hale entered the store brandishing what appeared to be a handgun and demanded cash from the clerk. The clerk retrieved his personal handgun and shot Hale. Moments after the shooting, the clerk observed what he believed to be a getaway-vehicle in the parking lot. The clerk exited the store and fired several more shots as the vehicle fled."

FL: Surveyor shoots back: "A group of men out to rob a surveyor on the job on Monday got a surprise when their intended victim opened fire on them, Miami police said. The surveyor, whose name has not been released, was working near Northwest 15th Avenue and 60th Street when a Nissan Maxima pulled up with three men inside, police spokesman Detective Willie Moreno said. One of the men flashed a gun while the others grabbed the surveyor's equipment, Moreno said. ``Fearing for his life, he produces a firearm and starts shooting,'' Moreno said. Under fire, the three men drove away in the Maxima, abandoned it a few blocks away and ran. Officers caught one of the men, who had been grazed by a bullet. The equipment was found inside the Maxima."

TX: Homeowner shoots suspected shingle thief: "It was a dramatic robbery that ended with a suspect, 23-year-old Arthur Amaya, being shot in the hip by homeowner Raul Rivera. Rivera's son-in-law is helping to build the house and says Sunday night his father-in-law got a call from neighbors saying someone was stealing from the home, which is currently under construction. Rivera arrived on the scene and confronted two men, firing shots at their truck, which police say was loaded with shingles. Rivera followed the truck, firing again, hitting Amaya in the hip. Amaya was not seriously hurt. He was arrested and charged with misdemeanor theft. All the stolen property has been returned. The homeowner is not being charged. The DA declined to file charges against him."

Tuesday, January 11, 2011

Pa.: Man Killed Son-In-Law In Self-Defense: "The dust has finally settled following a gun battle involving police and a man accused of killing his mother-in-law. Police on Monday released new information about the incident in Hamburg, Berks County on Saturday. They said Jeremy Krieger, 40, shot and killed his mother-in-law before he was shot and killed by his father-in-law. Berks County District Attorney John Adams said the father-in-law, Clayton Wagner, won't be charged in connection with Krieger's death. State police said everything started when Krieger was fighting with his wife and his mother-in-law, Joan Wagner, 62, at 296 Chestnut Street. Clayton Wagner went upstairs to calm the situation, but the police were already on their way. Krieger's wife and son got away, but state police said Krieger shot Joan Wagner. State police said they exchanged gunfire with Krieger and that's when he went back into the home and threatened his father-in-law. "Mr. Wagner attempted to get the suspect to put his rifle down," said Guth. "When he wouldn't put it down, he fired a shot at him."

KY: Slain burglar had recent break-in: "The man who was shot and killed Sunday when he tried to burglarize a neighbor’s home had been charged with breaking into someone else’s home three months ago. Alan Hampton walked into his neighbor’s open door on Sylvan Road just before midnight Sunday and began beating Ricky Colwell with a chair as the 48-year-old lay sleeping in his bed with his wife next to him, said Independence Capt. Tony Lucas. Colwell grabbed his gun from under the bed and fired several shots at the intruder, Lucas said. During the commotion, Colwell also accidentally shot himself in the upper right leg. Hampton, who lived two doors away, ran from the house and the Colwells called 911. Police found Hampton collapsed on the front lawn of the single-story home. Kenton Commonwealth’s Attorney Rob Sanders said Colwell will not be prosecuted for the shooting. Colwell was acting in self-defense, he said."

FL: Pensacola man robbed at gunpoint pulls his own gun and fatally shoots one of his attackers: "A Pensacola armed robbery victim turned the tables on his attackers and fatally shot one of the suspects. It happened early Sunday morning on Mobile Highway near Massachusetts Aveune. Sheriff's deputies say three men approached the victim, pulled a gun and demanded money, but the robbery didn't go as planned for the suspects. The victim pulled his own gun and fatally shot one of his attackers. Eddie Peterson died on the scene. Escambia County Sheriff David Morgan says the shooting appears to be justifiable homicide. The two other suspects involved in the armed robbery have been arrested."

OH: Gun battle erupts inside jewelry store: "On Monday, a gun battle erupted during an attempted robbery at a century-old Dayton jewelry store. The incident happened around 10 o'clock at Oscar Beigel Jewelers. The store owner called police minutes after the attempted hold-up and told police the masked man came in and pulled out a gun. Dayton Police Sgt. Moises Perez said the owner and his brother were also armed and when they revealed their weapons, the suspect started shooting. Perez called it a shoot-out and said at least 20 rounds were fired between the three weapons. He said no one inside the store was hit, but wasn't sure about the suspect."

Monday, January 10, 2011

MI: Police say Lansing man kills possible burglar, 28: "A 28-year-old Lansing man was shot dead early Saturday in an incident that was reported to police as a home invasion. When they arrived on the scene, Brown said, police discovered that a man living in the home had shot the intruder in the residence. Brown said police still are investigating whether the incident occurred during a home invasion or whether it was a case of someone mistakenly entering the wrong residence. Brown said he was uncertain of additional details, including whether the home occupant may face potential charges. Michigan law has traditionally allowed homeowners to use force to protect themselves from an intruder in their own home - without any duty to retreat from the dwelling."

NH: Homeowner injured, intruder shot dead: "An intruder who apparently broke into the home of an 82-year-old Warner man and assaulted the elderly homeowner early Sunday later was found dead from a gunshot to the head. Gordon L. Smith, a well-known Warner native, was taken to a local hospital where he is being treated for minor injuries suffered during the incident that occurred about 3 a.m. in his 148 West Main St. home. Authorities said they do not know the name of the intruder, whom the describe as a man in his 20s. Authorities do not believe Smith knew the victim.

The curious case of the walking M-16s: "We now know, however, that the flow of weapons to the south is indeed, in part, coming from within the United States, not from dealers or their civilian customers, but specifically from the BATFE, which has been caught 'walking' weapons — recently five hundred semiautomatic AR-15 rifles — across the border into Mexico in order to 'boost' the statistics they have been using to try to limit our rights."

Celebrating a decade of grassroots gun activism: "It’s been ten years since Rev. Kenn Blanchard launched the URL, The provocative website announced a pro-gun primer of the same name that has been a stalwart introduction to gun rights from the view point of an African American firearms instructor for ten years. Blanchard has been involved in almost every event in the last ten years involving a person of color and gun legislation in the United States."

Sunday, January 09, 2011

TX: Woman, 64, guns down intruder: "The woman was upstairs with her husband in their home in the 7100 block of Oakridge Drive when they heard a loud bang, San Antonio Police Chief William McManus said. They checked downstairs and found a man in his late teens or early 20s inside. He had broken a sliding glass door with a hammer, McManus said. “What are you doing in my house?” the husband asked, while his wife grabbed a gun and fired one shot, killing the intruder. Police officers working undercover were already in the area Thursday afternoon because of a rash of recent burglaries. Advised of the incident, they arrested a man blocks away from the shooting scene who they believe was the dead man's accomplice. Arriving police found the other suspect dead and the homeowners shaken but uninjured, McManus said. McManus said the shooting appeared to be justified, and no charges were filed."

Robber shot dead at Ill. tanning salon: "A customer at a suburban Chicago tanning salon shot and killed a man attempting a robbery, police said. Orland Park, Ill., police said an employee at L.A. Tan called to report an armed robbery in progress at 6:36 p.m. Saturday, the Chicago Tribune reported. The customer had wrestled the robber's gun away and shot him. When police arrived, they found a man with two gunshot wounds. He was taken to a hospital, where he died at 7:30 p.m. Police said the robber ordered an employee at gunpoint to tie up a woman who was using a tanning bed. Minutes later, a male customer came in for his appointment. The robber ordered him to tie his hands together, police said. Instead, the customer grabbed the gun. The robber then moved toward the customer, prompting the customer to shoot him. The customer, who was not identified, cooperated with police and was freed without charges. No one else was injured."

FL: Invader shot during robbery attempt: "The apparent target of a home invasion robbery in Interlachen told deputies he took a gun from one of the intruders and shot him four times. The homeowner, who authorities said was the target of the robbery, said two men forced their way into his home and tried to rob him, but he fought back. Deputies said that during the struggle, the homeowner got hold of the .22-caliber handgun one of the intruders brought with him and shot the suspect four times — in the thigh, shoulder, elbow and groin. In a news release, the Sheriff's Office said the gunshot wounds did not appear to be life-threatening. The injured man, who was identified as Adam Waller, was taken to Shands at the University of Florida. No charges were immediately filed."

Ark.: Burglar shot by a 14-year-old boy: "A young alleged burglar who was shot in the face by a 14-year-old boy in Hot Springs remains in critical condition and is tethered to a machine that's helping him breathe. Hot Springs police said Tuesday that no charges are anticipated against the shooter because he fired as three youths tried to break into his home at 7:30 a.m. Monday. The suspect who was shot is 17 years old, as is one other suspect. An 18-year-old, Lamar A. McKenzie, is charged with attempted burglary. After the shooting, police say McKenzie and the juvenile dragged the wounded boy around the corner from the home, where they were quickly arrested, with the wounded youth rushed to a hospital"

Saturday, January 08, 2011

OK: Homeowner shoots man breaking in dog door: "Police say the suspect made his way into the home in a very unconventional way, climbing through the dog door. Oklahoma City Police Lt. Kevin Parton says, "He was opening and closing the door to make sure he could get out of the house when he was confronted by the homeowner." The homeowner was armed and fired several rounds at the man. Hours later, 44-year-old Dung Troung walked into a nearby convenience store. Master Sergeant Gary Knight says, "The clerk noticed the man had been shot. He called 911. Officers got there and realized this guy fits the description perfectly of the guy involved in the burglary. Truong was taken into custody on one count of first degree burglary."

AL: Self-defense led to shooting of teen: "Police say an act of self-defense led to a Priceville teen being shot. Priceville Police Chief Billy Peebles says several cars of teenagers drove to a house on Friendship Road around 3:30 p.m. Thursday to start a fight with another group of teens. An argument started and witnesses say Chase Mason, 19, of Priceville, pulled out a gun and fired several shots at the teens who live in the house. Chief Peebles say that's when the homeowner, Kendal Walls, fired back with a shotgun, hitting two of the cars. The driver of one of those cars, Colton Loggins, 18, was hit in the neck. Mason, who also lives on Friendship Road, was arrested and charged with attempted murder and first degree assault. Mason is currently in the Morgan County jail on a $200,000 bond. At last check, Loggins was in serious condition at Huntsville Hospital."

W.Va.: Woman shoots mother's boyfriend: "Police say a woman is being questioned in the shooting of her mother's boyfriend. According to St. Albans Police, Onda Womack called her daughter, Dana Womack, after she and Roger Cobb had an argument at the Kanawha County Apartment Complex. Dana Womack told police that she shot Cobb after he attacked her. She immediately called 911 after the shooting. She told police it was in self-defense. Captain James Agee says all signs point to that. She is being questioned by police. Captain Agee says any charges will be decided by the prosecutor's office. Roger Cobb's condition hasn't been released."

NH: Gun stops intruder at lawmaker's home: "Police say Eldon Spikes, 20, broke into the home of Representative Peter T. Hansen, 67, who ended up holding Spikes at gunpoint until police arrived. Hansen said he heard noises downstairs late Tuesday night and found that someone had broken into a rear door. Spikes didn't flee when the Hansen encountered him. "He walked across the kitchen, went into the mud room and laid down on the floor -- he was shoeless -- and he claimed he'd been shot," Hansen said. He added, "I think he was probably quite high on drugs." Spikes has been charged with criminal mischief and trespassing."

Friday, January 07, 2011

DE: 'Fed up' 82-year-old held alleged thieves at gunpoint: "Harper says he was just getting up Dec. 10 at another house he owns a few miles away in Ogletown, when his son David, 53, called from work in Dover. His son said a friend who works near the Chapman Road house called him saying thieves were robbing the place, he said. Harper -- an Army veteran who served as a combat engineer and instructor -- grabbed his gun before driving over. "It's a .22 Magnum ... a target pistol worth about $250, $200," he said. Minutes later, Harper said, he saw his stolen things in the truck and two men getting into it. "They parked at the apartments because the drive to my house was cabled," he said. Walking to the men, gun in hand, Harper said, he yelled, "I'm an excellent shot and can shoot out your eyes at 60 paces." He fired once at the driver's side front tire and stopped about 6 feet in front of the truck. "I said, 'If it moves toward me, the driver gets one right between the eyes,' " he said. After that, he added, "they didn't give me much guff." Harper was not charged in the incident."

Gun helps judge deals with home break-in: "A Duluth judge began 2011 as a crime victim but took command of the situation by grabbing a .45-caliber Glock from his safe and subduing a man who broke into his family’s Piedmont Heights home on New Year’s Day. Sixth Judicial District Judge Shaun Floerke intercepted a 26-year-old Duluth man who entered his home by breaking a window about 3 a.m. Saturday. The police report said the suspect was so intoxicated he couldn’t talk and he refused to submit to a breath test, said police spokesman Jim Hansen. The suspect is being held in the St. Louis County Jail on $10,000 bail. He’s booked on preliminary charges of third-degree criminal damage to property and trespassing."

GA woman shoots intruders: "About 8:30 Thursday morning Dihanna McCullock went into her office at the Paradise Village Mobile home park off Holly Drive, where she is the manager, and suddenly was in a fight for her life-- against a man who had broken in through a back window. Another man, wearing some sort of badge on his shirt, had tried to talk to McCullock before she went into her office, but she went inside. Now while she was fighting the man with a butcher knife, that man also burst into her office with a gun, and started shooting. "He shot. And I shot him. Wherever he's at he's wounded, somewhere," McCullock said. McCullock carries 'the Judge' in a holster. It's a pistol that shoots a shotgun shell as well as .45 caliber bullet. McCullock said the robber's bullet just grazed her right arm. She fired back a shotgun blast at point blank range. The two robbers took off running, dropping her wallet and the knife. The robber who was possibly wounded, is black, about 5-foot-7, weighing more than 250 pounds, in his late 40's. The second robber is also black, in his late 20's."

FL: Teen Shot While Trying To Rob Couple: "The attempted robbery and shooting took place near South Texas Avenue and Americana Boulevard as a couple was returning to their home at the Royal Grande Apartments. According to Orange County sheriff's deputies, two robbers -- one of whom had a gun -- approached the couple and demanded their cell phones and wallets. One of the assailants fled during the incident, and the man got into a scuffle with the armed bandit, deputies said. The victim told deputies that the gun fired during the fight, striking the robber in the arm. The man then ordered the culprit to the ground, and the culprit said, "Hey man, I'm only 15 years old," according to deputies. The victim then turned to check on his girlfriend, and the teen ran away, deputies said. The couple was not injured."