AL: 11-Year-Old Shoots Teen Burglar

Gather was home alone on Wednesday morning when he heard a noise. Someone had broken into his home. Scared, Chris grabbed a 9mm handgun.

“When he was coming down the stairs, that’s when he told me he was going to kill me, f-you and all that,” said Chris.

The intruder made it out the front door with a hamper in hand. That’s when Chris started firing off bullets. As the intruder was about to jump a fence, Chris’s 12th and final shot hit the bad guy in the leg.

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AZ: Scud Missle and BRDM in Arizona Desert

This picture was taken near Tacna, Arizona at the beginning of April, 2016.  I believe the missile is a mock-up of a Scud B and the MAZ-543 launcher, mounted on a trailer.  I do not think a dually Ford would be able to move around a real Scud and launcher, but maybe.  The Scud B, loaded, would be about 7 tons.  But I cannot see sane U.S. military forces  allowing an missile fuelled with tons of kerosene and nitric acid out on the highways and desert for a training exercise.  Without the fuel or warhead, maybe the Ford could handle it.

The armored vehicle, which looks to be a real BRDM-2 (Combat Reconnaissance Patrol Vehicle), is another matter.  This one is capable of being driven about.  Some have been reported being used as taxis in Russia today.

If you wonder what it would take to purchase one, they are available for about,$23,000 to $27,000, not counting shipping or import fees.  They are meant to withstand small arms fire up to 7.62 mm. I do not know if that is the NATO 7.62X51 armor piercing, or the East Block 7.62X39 or 7.62X54.  The 7.62X54 is  roughly the ballistic equivalent of the NATO round.

It is not every day that you see former Soviet/Russian or East block missile launchers and armored vehicles in the Arizona desert; unless you are on Yuma Proving Ground.  These were not, and that made them interesting.

Back in the middle 1990's, there were rumors and conspiracy theories floating about of Soviet armor being "prepositioned" in the United States, supposedly for a Red Dawn type take over, facilitated by traitors in the Clinton administration.  I considered them all bereft of plausibility.

I was shocked and stunned when travelling through West Texas.  I saw a whole trainload of Soviet armored vehicles heading West, while I was heading East.

There were T-72 tanks, BMPs, and one or more  BRMDs.  The train was not short, and I watched with wonderment as dozens of Soviet era armored vehicles headed West on American railroad tracks. This was before widespread cell phones, digital cameras, and only a rudimentary Internet.

When I returned to Yuma Proving Ground a few days later, I thought my tale of Soviet armor would brand me a conspiracy theorist of the first order.  But I told my colleagues of the sighting anyway.  Truth deserves an audience.

I expected scepticism and disbelief.  Instead, I got a "Yeah, we just unloaded them over the last week.  They are here for target ID and research use."

I wonder if the BRMD was one of those that came over with that shipment.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

MA: New Range a Hit

WORCESTER – With a $1 million investment, Justin Gabriel said his Prescott Street shooting range offers an upscale experience while going above and beyond the required safety and protection features.

Mr. Gabriel, owner of The Gun Parlor, launched the nine-station shooting range April 11, about six months after the retail store part of the business opened.

The License Commission granted the 11,000-square-foot business a shooting gallery license in August, rejecting opposition from Police Chief Gary J. Gemme and Worcester Polytechnic Institute, which is located nearby.

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How New York Became a Nexus of Second Amendment Infringement

Big Tim Sullivan on right


New York state, but particularly New York City, has long been a nexus of infringement of Second Amendment rights.  New York had more than its share of Tories during the revolutionary war, and New York is one of only six states that has no protection for the right to keep and bear arms in its state constitution.  Still, the right was routinely respected until 1911.  That was when the infamous Sullivan law was passed to protect organized crime from armed citizens.

The bill was created and pushed through the legislature by "Big Tim" Sullivan, a crime syndicate leader and politician who was part of Tammany Hall.  His toughs had complained about immigrants who were resisting their extortion efforts.  Big Tim had a simple solution.  Make it illegal for his opposition to legally have or carry weapons.  From the New York Post:

Sullivan knew the gangs would flout the law, but appearances were more important than results. Young toughs took to sewing the pockets of their coats shut, so that cops couldn’t plant firearms on them, and many gangsters stashed their weapons inside their girlfriends’ “bird cages” — wire-mesh fashion contraptions around which women would wind their hair.

Ordinary citizens, on the other hand, were disarmed, which solved another problem: Gangsters had been bitterly complaining to Tammany that their victims sometimes shot back at them.

So gang violence didn’t drop under the Sullivan Act — and really took off after the passage of Prohibition in 1920. Spectacular gangland rubouts — like the 1932 machine-gunning of “Mad Dog” Coll in a drugstore phone booth on 23rd Street — became the norm.

The police in large cities were corrupt enforcers for their political bosses.  With the Sullivan law, Big Tim ensured that his forces could legally disarm any opposition.  Here is a description of the policing of the era, and why Big Tim could be reliably assured the police would hand out gun permits only to those he approved of.  From  History of the Police(pdf):

Politicians were able to maintain their control over police agencies, as they had a direct hand in choosing the police chiefs that would run the agencies. The appointment to the position of police chief came with a price. By accepting the position, police chiefs had little control over decision making that would impact their employees and agencies.⁵² Many police chiefs did not accept the strong political presence in their agencies, and as a result, the turnover rate for chiefs of police at this time was very high. For example, “Cincinnati went through seven chiefs between 1878 and 1886; Buffalo (NY) tried eight between 1879 and 1894; Chicago saw nine come and go between 1879 and 1897; and Los Angeles changed heads thirteen times between 1879 and 1889.”⁵³ Politics also heavily influenced the hiring and promotion of patrol officers. In order to secure a position as a patrol officer in New York City, the going rate was $300, while officers in San Francisco were required to pay $400.⁵⁴; In regard to promoted positions, the going rate in New York City for a sergeant’s position was $1,600, and it was $12,000 to $15,000 for a position as captain.⁵⁵ Upon being hired, policemen were also expected to contribute a portion of their salary to support the dominant political party.⁵⁶ Political bosses had control over nearly every position within police agencies during this era.

What is surprising, is that today people are celebrating the political corruption of large cites as being necessary for city administration.  Walter Russel Mead at Hudson.org makes the dubious claim that political corruption was necessary for large cities to function.  From hudson.org:

All right thinking Americans united in the 19th century to deplore the malign influence of corrupt big city political machines, but it is hard to think how else the tens of millions of immigrants streaming into those cities from all over the world could have learned to govern themselves and begin the process of integration into American life.

That is putting lipstick on a pig.  London had intense immigration during the same period.  Its police were a model of legitimacy.

Teaching new immigrants that the American political system depended on "who you knew" and "how much you paid" was the antithesis of American constitutional government.  The legacy of that corruption lives on.  Mead wrote the above in a glowing endorsement of the corrupt political machine that the Clintons have put together.  Mead makes a case for what he calls "honest graft".  It is not surprising that corrupt politicians want the population disarmed. 

New York has long been a center of immigration.  People who come to America without any tradition of freedom are not taught they have a right to keep and bear arms.  The City and its corrupt politicians teach that only the rich and powerful have enough political influence to obtain permission from the state to be armed. This reinforces the understanding immigrants had in their country of origin.  With a hundred years of this policy in place, and millions of immigrants and their offspring experiencing a city without the Second Amendment, it is not surprising that New York is a nexus of antagonism against the right to keep and bear arms.

22% of New York State residents were foreign born in 2010.  In New York City, the percentage was 37%.

Police in large cities are mostly creatures of the political entity they work for.  In spite of reforms, requirements for training, police unions, and state wide police standards, police chiefs usually serve at the pleasure of the City Council or Mayor.

This is why most urban police chiefs differ from street policemen on gun control policies.  They are not independent actors, but are acting on the desires of their bosses. An exception that proves the rule is Chief James Craig of Detroit.  He is one of the few big city police chiefs to speak in favor of armed citizens, and their ability to reduce crime.  He was not put in place by the Detroit political machine.  Because Detroit went into bankruptcy, he was appointed by Emergency Manager Kevyn Orr to the position.

Two of the three chief engineers of the recent "SAFE" act have been found guilty of corruption. The history of New York City has been a history of corruption and a disregard of the Constitution for a hundred years.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

Followup WV More on Staggs Justifiable Self Defense Case

“His story has been consistent all the way through. He even testified on his own behalf, and the bottom line is the jury believed him,” Holstein said. “We’re very happy that the jury sided with a man who defended himself on his own property.”

The victims were found shot early in the morning last year when Kanawha County sheriff’s deputies stopped their car. Mays was allegedly driving the car covered in blood.

Holstein said 911 tape footage confirmed Staggs’ story that he was attacked, as well as a baseball bat that was found.

“There were a couple of pieces of evidence that were really important in this case,” he said. “There was a baseball bat that Andrew Staggs told the police about. Sure enough, they found that bat in the other guys car. He had attacked my client with that baseball bat.”

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Followup WV: Staggs Found Not Guilty in Shooting of Daughter-in-law and her Ex

LINCOLN COUNTY, W.Va. (WSAZ) -- A man accused of murdering his daughter-in-law in March 2015 and wounding her ex-husband has been found not guilty of all charges, his lawyer told WSAZ on Wednesday.

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Followup MN: Bello-Sanchez Found Not Guilty in Shooting from 2013

Jonathan Tadeo Bello-Sanchez, 24, was charged in June 2013 in the shooting death of Fernando Leon-Celis, 20, inside Bello-Sanchez’s home.

The defense argued that Bello-Sanchez was acting in self-defense.

The jury deliberated for nearly four days before announcing their decision early Wednesday, said Daniel Gerdts, Bello-Sanchez’ attorney.

According to charges, Bello-Sanchez said the two were arguing about money when the shooting occurred.

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AL: Child Shoots Burglary Suspect

Talladega police are investigating an incident at a residence on Creekside Circle near the Bemiston community, where a minor child shot a suspected burglar Wednesday morning, according to police Capt. Leon Thomas.

The intruder was taken to Brookwood Health Center-Citizens Baptist Medical Center. The extent of his injuries were unknown late Wednesday. The age of the child and the suspect’s identity have not yet been released.

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SC: Domestic; EX Boyfriend Attemps Break-in, is Shot

RICHLAND COUNTY, SC

A man was shot while breaking into his ex-girlfriend’s residence early Sunday morning, according to the Richland County Sheriff’s Department.

Read more here: http://www.thestate.com/news/local/article73651457.html#storylink=cpy

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AZ:More than a sign may be Required to ban Second Amendment in Public Buildings

Governor Doug Ducey of Arizona


Kansas and Texas have removed bans on the carry of guns by permit holders in the last few years.  Kansas allows local governments to prevent permit holders from exercising Second  Amendment rights in public buildings if the public building puts metal detectors and armed guards on all the entrances.

In other words, merely relying on a sign to prevent responsible and peaceful people from carrying arms, while not actively preventing criminals from carrying them, is no longer acceptable in Kansas.  Arizona is looking to follow Kansas' lead.

The theory is simple.  Mere signage will not stop people who have evil intent from carrying concealed weapons into public buildings.   By placing signage, but without significant enforcement mechanisms, the signs effectively screen out the most law abiding, while doing little to keep out the most dangerous individuals.

The law has been popular in past legislatures, passing with veto prof majorities in the last two.  Both times it was vetoed by Governor Brewer; she was no longer running to be re-elected.  This law only applies to those who have taken the necessary classes, passed the background check, undergone the bureaucratic application and been granted a permit to carry concealed.   Arizona has 264,010 valid concealed carry permits as if April 24, 2016, or right at 7% of the adult population.

Police officers have always been exempt from the 'gun free zone' signs, and they commit crimes at a rate of 6-10 times as often(pdf) as concealed carry permit holders.

The primary obstacle to the bill's passage has been Governor Brewer.  The new Governor, Doug  Ducey, seems a bit friendlier to Second Amendment supporters, at least in this early part of his term.  His office asked that an additional exception be added to the bill; then he could support it.  The exemption was for the special health care district in Maricopa County.  From an Arizona Citizens' Defense League email:

At the request of the Governor’s Office, SB 1257 was amended in the House to exempt facilities operated by Special Health Care Districts.  Currently, there is only one special health care district facility and it is located in Maricopa County.

As amended by the House, if a state, county or local facility’s only protection is a “no weapons” sign, then anyone with a CCW permit would not be required to disarm when entering, with the following exceptions:

• Courts, jails, law enforcement agencies.
• Federal facilities.
• Schools, colleges or universities.
• The Arizona State Hospital.
• The facility operated by the Special Health Care District in Maricopa County.
• Public establishments licensed to serve alcohol.

The Kansas law is considerably broader, and includes Universities. 

Update:

A version of the bill passed the Senate on 3 March, 2016 18 to 12.  The bill with the amendment passed the House on 26 April, 35 to 23.


AZCDL reports that there have been some behind the scenes manuvering.  It appears that Governor Ducey does not want to face the prospect of signing or vetoing the bill.  A vote was taken in the Senate, where "supporters" were not present or switched their votes.  It ended in a tie, which defeated the bill.  The vote occurred on 3 May AZCDL is working for a reconsideration.  From an AZCDL email:

After voting FOR the passage of SB 1257 during the Senate Third Read vote that moved the bill to the House on March 3, Senators Carlyle Begay, Steve Pierce and Bob Worsley, voted AGAINST the passage of SB 1257 during today’s Final Read vote. Additionally, Senator Jeff Dial decided to suddenly vanish from the chamber when SB 1257 came up for voting. The result of this sabotage was a tie vote that killed the bill.

We are disappointed by the tactics of this Governor. At least his predecessor, Governor Brewer, chose not to interfere with the legislative process and let a prior version of SB 1257 get to her desk before publicly vetoing it.

Costs of the bill are zero, unless a government agency decides to ban people who have concealed carry permits from exercising their Second Amendment rights in government buildings.  To do so, they will need to put in metal detectors and armed guards, which they did not have before.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch  

MO: Missouri House votes for Constitutional Carry

 

In Missouri, the House just passed HB 1468, a combined permitless of "Constitutional" carry  and immunity from lawsuit for businesses that have a criminal act occur on the premises.  It also removes any prohibition on the carry of weapons in a person's motor vehicle, and does not allow businesses to regulate what is inside of a motor vehicle that they do not lease, or own.

From mo.gov(pdf) Bill Summaries:

HB 1468 -- FIREARMS (Burlison)

COMMITTEE OF ORIGIN:

Standing Committee on Emerging Issues
Currently, an individual with a permit to carry a concealed weapon
is exempt from the general statute banning the carrying of
concealed weapons in public areas. This bill repeals this general
prohibition on carrying concealed weapons such as firearms and
knives, except in the those places listed under Section 571.107,
RSMo.

The bill does not grant the same rights to carry firearms
concealed, except for carrying concealed firearms onto private
property whose owner has posted the premises as being off-limits to
concealed firearms, as the permit system which imposes only minimal
penalties for mistakes.

Every permitless or "Constitutional" carry state has some differences that apply at the fringes, but the sentiment is essentially the same.  People who are not forbidden from owning firearms may carry them openly or concealed, in most public places, without a permit.

This is the state of the law that existed when the Bill of Rights was ratified on 15 December, 1791.

Missouri has several similar bills filed in the House and the Senate.  HB 1468 passed the House 112 to 37.  That is enough to override a veto, if the bill makes it to Governor Nixon.  First, it has to pass the Senate.  The Missouri legislature has been relatively Second Amendment friendly, but Governor Jay Nixon, Democrat, has not. 

Governor Nixon vetoed a bill to restore and protect Second Amendment rights in  2014.  The legislature responded by overriding his veto on September11th of the same year. 

This year, three states, West Virginia, Idaho, and Mississippi have all passed legislation to make their state a member of the "Constitutional" carry club.  The current number stands at 10; some people say that Montana should be included, as Consittutional carry is in effect in 99% of the state.  Missouri would be the 11th or 12th state to join the club, depending on how you count.

Vermont, plus the nine states that have restored "Constitutional" carry now make up 20% of all the states in the Union.  They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, West Virginia, and Wyoming.  They extend from the Pacific to the Atlantic, and from the Canadian border to the Mexican.   They outnumber the states that cling to the outdated notion of "may issue" concealed carry permits.

A number of other states have "Constitutional" or permitless carry legislation in the works.  Their number could pass majority status in a few years.

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

IN: Burglar Sues Homeowner Who Shot Him While he Fled

McLaughlin, now 33, fired gunshots at the intruder he saw fleeing from his property, in the 400 block of West Commerce Drive. One of the bullets hit Bailey in the left arm as he ran down an alley.

In September 2014, a Jay Superior Court jury found McLaughlin guilty of criminal recklessness in the shooting. Judge Max Ludy later sentenced the Dunkirk property owner to 60 days in jail, to be followed by four months on home detention.

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MO: Burglar is Pistol whipped and Shot

Once inside, the car owner yelled for his roommate to grab a gun. The would-be burglar fought with the roommates and got pistol whipped. The fight spilled into the hallway where one of the roommates shot the man. He ran out of the building.

Read more here: http://www.kansascity.com/news/local/crime/article73303817.html#storylink=cpy

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MS: Old Criminal, Shot During Break-in, Dies

Corinth police released the suspect in Saturday’s shooting after determining it appears to be a case of self-defense during a home break-in.

Lewis Boyd, 61, of 1704 Proper Street, was shot multiple times after he made entry into a home at 1500 Proper Street, resulting in his death.

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Followup CO: No Charges for Man who Shot Intruder Breaking into Home

No charges will be filed against a homeowner who shot a suspected burglar as he was breaking into a home, according to authorities.

After he was treated for a gunshot wound, the suspect was held for possible burglary charges, said Doug Schepman, Denver police spokesman.

The shooting happened near South Vallejo Street and West Ohio Avenue Monday night. The names of the suspect and the homeowner have not been released.



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Followup SC: Shooting Outside Reproduciton Castle ruled Justified.

In 2006 Stephenson founded Southern Tide, a purveyor of high-end polo shirts, shorts and other classically styled apparel for men and women that bears a skipjack fish logo. Authorities say the 32-year-old businessman shot and killed Matthew Whitman as Whitman trespassed on Stephenson's estate, its home patterned after a German castle, several miles north of Greenville.

According to Sheriff Steve Loftis, Stephenson's girlfriend called 911 to report that someone was trespassing on the grounds and walking down a quarter-mile-long driveway leading from a locked gate to the home. When the man refused to stop, Stephenson stood on his porch and fired two warning shots in the air from a shotgun, according to Loftis.

Stephenson left the porch and approached the man, who then tried to stab him with a folding hunting knife, according to Loftis. At that point, the sheriff said, Stephenson fired five times, hitting Whitman three times —in the arm, face and chest.
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Update NV: Henderson Kidnapping of Armed Victim was Setup by a "Friend"

Brian Kleynen mugshot

Dramatic details have been revealed about the kidnapping/ double homicide in Henderson three weeks ago.  In the crime,where two criminals kidnapped a jewelry store employee who had a concealed carry permit, and was armed.  I speculated that the victim might have directed the kidnappers to the cul-de-sac where the shooting occurred.  That has been confirmed.  It has also been revealed that the first "victim" was a confederate of the two front seat kidnappers.  Brian Kleynen has admitted his involvement and has been charged.  The two kidnappers in the front seat who were killed have been identified as Lanard Wilson and Selvy Auston, ages 36 and 27.  Both had criminal histories, one had a known gang connection.  From news3.lv.com:

Kleynen admitted to police that he planned and staged his own kidnapping with Auston for the purpose of deceiving and robbing the victim.

The victim will not be charged with any crime as detectives have determined he acted in self-defense.

Kleynen is being held at the Henderson Detention Center on charges that include conspiracy to commit first-degree kidnapping, first-degree kidnapping, conspiracy to commit robbery, conspiracy to commit robbery with a deadly weapon and attempted robbery with a deadly weapon.

The victim, who manages the jewellery store, was tricked into complying with the kidnappers' demands so as to save his "friend" Kleynen. The kidnapping occurred just outside the victims house.  The victims hands were bound to the headrest while he was in the backseat of the Altima that was used as the kidnap vehicle.  He broke free of the zip ties that were used to constrain him.

Ordinary zip ties can be defeated with a sharp and aggressive action.  He had the advantage of having the ties in front of him where it was easier to use his upper body strength.  This does not work as well with police or military grade ties used for prisoners, but there are simple techniques for escaping them as well.

With his hands free, the victim accessed a concealed handgun and shot the two kidnappers, killing them. He chose the time to act when the vehicle was in a cul-de-sac, where it was travelling at a slow enough speed to allow him to resist without worrying about a fatal car crash.  Taking out the driver of the vehicle that you are in may not be a good tactic while traveling at high speed.

The pretext for returning to his home was that he needed keys to be able to access the store. The victim will not be charged with any offense, as he acted in self defense.

Definition of  disarmist

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

VA: Nova Armory files Lawsuit Against Officials for Bullying Tactics, Intimidation

NOVA Armory opening from twitter feed


The popular gunshop opened in Arlington, VA on March 26th.  The store was filled with customers, in spite of opposition from a small group of anti-rights activists.  The bullying activists were joined with several members of the local government who attempted to force the gunshop to close.  One landlord had already broken a lease under pressure from the local disarmists.  NOVA had warned the politicians that the would sue if the harrassment continued.  From NOVA Armory:

March 4, 2016, ARLINGTON, VA -- The gun shop planning to open in Arlington, Virginia this month has responded to a letter local politicians sent to its landlord. In response, NOVA Armory has issued report cards with failing grades for each of the seven elected officials who signed the letter to the landlord. Additionally, NOVA Armory warned the politicians and the local anti-Second Amendment activists they could find themselves in court if the gun shop fails to open.

On March 2, NOVA Armory’s landlord received the letter signed by various Virginia office-holders representing Arlington. They were Senator Barbara Favola, Senator Janet Howell, Senator Adam Ebbin, Delegate Patrick Hope, Delegate Alfonso Lopez, Delegate Richard Sullivan, and Delegate Mark Levine. 

“The authors released the letter publicly on the official letterhead of the Virginia legislature, yet their letter contained a typo, it confused our gun shop with an unrelated business, and it relied on numerous false premises,” explained NOVA Armory’s owner-in training, Lauren Pratte. “When I see such a poorly written letter in the business world, I take my business elsewhere,” Pratte continued. “Unfortunately tax payers don’t have that choice, and we must suffer under this sort of incompetence.” 

In the letter, printed on official letterhead of the General Assembly of the Commonwealth of Virginia, the politicians said they “strongly urge” the landlord to cancel the lease with NOVA Armory. The letter made its arguments by claiming a disconnect between the “nature” of NOVA’s business with the “character” of the neighborhood. The letter also suggested NOVA Armory would give rise to a “black market” and “drug dealing” because of its accessibility to residents of the District of Columbia. 

“These wild statements sound like what some call dog whistle politics. If these politicians are in the market for dog whistles, they need to know we don’t deal in that garbage,” said Pratte. 

Several authors of the letter attended a private meeting for residents of Lyon Park on February 27. A person who attended that meeting alleged that Arlington County Police Chief Jay Farr said the presence of a gun shop does not increase crime. 
NOVA Armory makes no secret of the fact it intends to sell firearms to residents of any state in compliance with the law. Pratte believes these legislators, however, fail to understand how firearms are transferred. To buy a gun, a Virginia resident must present two valid forms of identification and undergo a background check not just in one database, but in a total of 5 state and federal databases. The process is explained on the Virginia State Police’s website for the Virginia Firearms Transaction Program: 

National and state databases are accessed simultaneously at the time of transaction. Four are maintained by the Virginia Department of State Police, accessible by the Virginia Criminal Information Network (VCIN): Virginia’s wanted and missing persons files and protective orders, Virginia’s criminalhistory record files, and Virginia’s database of adjudications of legal incompetence and incapacity, involuntary commitments to mental institutions for inpatient or outpatient treatment. 

The fifth database accessed during this check is the National Instant Criminal Background Check System (NICS) which searches the National Crime Information Center (NCIC) consisting of the Wanted Persons File, Protection Order File, Interstate Identification Index (III), Deported Felons File, US Secret Service Protective File, Foreign Fugitive File, Bureau of Alcohol, Tobacco, and Firearms’ Violent Felon File, and NICS indexes: Illegal/Unlawful Aliens File, Mental Defectives/Commitments File, Dishonorable Discharges, Citizenship Renunciants, Controlled Substance Abuse File and Denied Persons File. 

For non-Virginia customers, such as DC residents, NOVA Armory would be required to transfer the gun to a registered gun dealer in DC, which is a time-consuming and expensive process. Unlike Virginia residents, DC residents must also register their firearms with the Metropolitan Police Department. Until recently DC residents were subject to additional scrutiny, but the courts have gradually ruled such acts to be unconstitutional. 

In the letter addressed to NOVA’s landlord, the seven Arlington politicians never mentioned the US Constitution. The letter also failed to mention how Virginia law preempts local governments from regulating firearms. Yet anti-Second Amendment activists are demanding that legal firearms businesses should be treated differently. They’re demanding advance notice of any business permit for a gun shop so they can use political pressure to prevent such businesses from opening its doors. 

Pratte said our lawyers are closely monitoring the conduct of the seven politicians. “We’ve given up on fact- checking all their false statements,” Pratte said, “Instead we’ve told our lawyers to concentrate on any actions in which we are deprived of our civil liberties by these so-called public servants—they’ll regret any abuse of their authority.”

Besides concerns with civil rights, Pratte said their team of attorneys are keeping a watchful eye on local officials and local activists who are trying to harm the business, particularly the relationship between NOVA Armory and its landlord. “As if infringing on my Second Amendment rights is not bad enough, the actions of these local crazies against our business is approaching the level of “tortious interference.” Pratte said she and the landlord have received threats, including calls for a boycott of unrelated business tenants of the landlord. Pratte explained how the culprits could find themselves libel for any injury she or the landlord suffers, “If you’ve posted on Facebook, agitated people on the local community’s online forum, made harassing phone calls, or sent angry emails designed to interfere with our business relationship with our landlord, you are on my attorneys’ list. So if you don’t see NOVA Armory open for business, you better worry about seeing us in court.” 

Before filing any lawsuits, NOVA Armory has issued reports cards grading the performance of the seven politicians who wrote the public letter to their landlord. 

For Senator Barbara Favola, Senator Janet Howell, Senator Adam Ebbin, Delegate Patrick Hope, Delegate Alfonso Lopez, Delegate Richard Sullivan, and Delegate Mark Levine, NOVA Armory has graded their performance as follows:

Knowledge of the Law F
-- for their ignorance of firearms regulations and civil rights. 

Leadership F-- for pandering to the unfounded fears of their constituents.

Saving Tax Dollars F

-- for exploiting their public office for political gain.

Support for Small Business F

– for bullying NOVA Armory, its landlord, and unrelated businesses.

Honesty F

– for misleading the public.

In explaining the failing marks, Pratte said “They don’t get it. We value our liberty over one person’s likes or dislikes. We don’t have civil likes. We have civil rights. The problem is that some people don’t take liberty seriously. Our critics may have thought they were just taking the proverbial shot across our bow. They need to understand that we don’t scare easily, and we will not accept any attempts by the Arlington politicians to restrict, or deny, Arlington residents their second amendment rights.” 

NOVA Armory plans to open for business in March 2016, at 2300 N. Pershing Dr, Suite 2B, Arlington, Virginia. Pratte said NOVA Armory would deliver the report cards to each individual politician. She would not comment whether they would need to be returned with a parent’s signature. 

Lauren Pratte, Age 16, & owner (in Training) with her 1939 Coach Shotgun
 
Authorized for Publication: Dennis Pratte (father)

NOVA Armory has followed through with its warning to the bullying activists and Virginia politicians.  They have filed a lawsuit.  From patch.com:

The gun store is alleging that the residents and elected officials named in the suit have conspired to destroy the business and have unrelentingly harassed the owner and landlord, and plan to continue to do so.

"Death threats were made by mail to a sixteen year-old girl, herself Plaintiff's employee and the daughter of Plaintiff's business manager," the suit states. "Their personal telephones were made the instruments of attack, and private home addresses made public through newspaper distribution. Plaintiff's employees grew fearful and apprehensive due to the violent and vitriolic nature of the defendants' threats and rhetoric."

The suit was filed by Daniel Hawes, who is the attorney for NOVA Armory operator Broadstone Security.

The lawsuit asks for $2.1 million in lost revenue and damages.

 NOVA Armory has the support of the Arlington Chamber of Commerce.

 Definition of  disarmist

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

CT: Beechmont Mini-Mart Owner in Third Gunfight; Passerby assists

Connecticut isn't generally known for its gunfighters.  But in our modern society the intersection of economic necessity and bad neighborhoods creates them.

Connecticut is not particularly Second Amendment friendly.  The State Constitution protects the right to keep and bear arms, but the Connecticut government has enacted a slew of laws that burden gun ownership and defensive carry.  They do not recognize any out of state permits.  A license is required to buy a gun or to carry one.  But if you jump through the bureaucratic hoops, it can be done.  Those who need or want guns can get them.  There is no evidence that these bureaucratic burdens have had any effect on the crime rate. Mohammed Yasir obtained his gun legally, as did the passerby outside his store.

They used them legally as well.

Mohammed Yasir, the owner of the Bridgeport Mini-Mart is no stranger to gunfights. This was his third gunfight with armed robbers. This time a bullet from his pistol went into the ceiling, and a passerby outside the store also engaged the robbery crew. No one appears to have been hit.  On two previous occasions, Mohammed shot his assailants.   The latest gunfight happened on April 20th, 2016. From abc7ny.com:

A bullet hole was left in the ceiling from the shot Yasir fired.

A resident carrying a licensed firearm confronted the suspects outside. They exchanged fire, shattering the store's window.

"It's crazy. It's my first time ever witnessing this!", said eyewitness Ayana Junes.

Junes says she was heading to the store when she saw the suspects fleeing.

"They were running right down there and then I saw a guy running over here and he had a gun in his hand and I heard pow pow and then I ran back home," she said.

It happened on Beechmont Avenue just before 9 p.m. Wednesday. Yasir is no stranger to violence, robbed 8 times in 25 years.

The last time he was held up was just four weeks ago.

"I know they came to rob me, they came to shoot me or whatever but always you for to protect yourself. I got family to feed," Yasir said.

It is worth noting that Yasir has been robbed 8 times in 25 years.  What is amazing is that he never ended up in the hospital.

Link to video 

There is a pattern here.  The demand for guns is fairly inflexible.  People see them as important enough and desirable enough that they will jump through a lot of hoops to obtain them legally.  Australia has some of the most rigid and silly bureaucratic requirements to purchase firearms that exist.   For example, after you go through all their purchase requirements, you have to wait 28 days to pick up your firearm.  Then, when you purchase the next firearm, you have to wait all over again.

But Australians have been willing to put in all the time, expense, and energy required to go through those hoops.  The number of guns and gun owners is now higher than it was when the silly bureaucracy was put in place 20 years ago.

All the additional regulations do not reduce crime, they just make the gun culture realize that the legislators who set up the system are ignorant and foolish.  Such laws could never be passed without the assistance of an agenda driven media.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

LA: Homeowner Wounds 1 of 3 in Gunfight

One suspect fired several shots inside the home, according to Babin. The homeowner returned fire and hit one of the suspects.

The suspects then left the scene and went to a local hospital, where they were later found by deputies.
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TN: Armed Victim Fires at Theives

Officials with Metro Nashville Police said a suspect tried to steal lawn equipment from a man's yard.

The homeowner, armed with a shotgun, came outside and fired several rounds.

The blasts missed the suspect but struck the alleged getaway vehicle. Another person inside the car was able to drive away.
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NM: County Empolyees Have Second Amendment Rights Restored

Across the United States, government employees' right to bear arms while working is being restored.  One of the pernicious erosions of the right to bear arms that occurred over the last 50 years is the right of government employees to bear arms while employed.  At the start of the progressive era, government employees were considered part of the elite, and could bear arms when and where others could not. 

In the first laws adopted by the new state of Oklahoma, statutes were adopted en masse from other states.  One of them exempted "public officials" from a ban on carrying weapons, as long as they were carrying them during their official duties, and to and from work.  Oklahoma Criminal Code, Section 1802, published in 1921:

Public Officials-Privileged Public officers while in the discharge of their duties or while going from their homes to their place of duty or returning therefrom shall be permitted  to carry arms, but at no other time and under no other circumstances.

In Wisconsin, before professional academy training was required for peace officers, the definition of peace officer included city council members, town board members, and county board members.  It was an inexpensive way to bolster the number of people armed to keep the peace. 

As the professionalization of peace officers swept the country in the 1960's and 70's, public officials were removed from the definition.  As civil tort law was radicalized to subject more and more people to liability lawsuits, and the carry of weapons was demonized, employee handbooks started sprouting bans on the carry of weapons by government employees. 

The restoration of the right to carry in the United States has reversed that trend.  In New Mexico, the latest county to remove the ban on employees bearing arms is Eddy County, on April 19th, 2016. From artesianews.com:

The commissioners approved Resolution R-16-28, a Concealed Carry by Employees policy presented by County Manager Rick Rudometkin Tuesday morning after much discussion about gun safety, self-defense, the Second Amendment, and Article II, Section 6, of the New Mexico Constitution.

“More and more agencies are embracing policies that recognize the employee’s individual right to bear arms,” said Rudometkin. “Examples of agencies include Chaves County, Luna County, Otero County, the City of Colorado Springs, and many other agencies around the country.”

According to the Concealed Carry by Employees policy, employees who hold a valid license to carry a concealed weapon (CCW) may carry a concealed weapon in the course of employment, which includes operating vehicles owned by Eddy County. The policy also states that in order to carry a concealed weapon in the course of employment, the employee must notify their supervisor and the county manager in writing that the employee holds a valid CCW license and intends to carry the weapon using the Eddy County form approved for that purpose.

On April 5th, 2016 the City Council of Demorest, Georgia voted to restore the right to bear arms to city employees.  From accesswdun.com:

DEMOREST — Demorest officials say they have passed a groundbreaking personnel policy amendment believed to be the first of its kind in Georgia.

Tuesday night, the city council voted unanimously to amend the city's personnel policy to allow city employees with a valid concealed carry permit to carry their weapons during the workday.

On January 26th, Bedford County in Virginia enacted a very similar policy.  From wsls.com:

BEDFORD COUNTY (WSLS 10) – Bedford County employees can now bring guns to work if they have a concealed carry permit.

The board of supervisors voted unanimously to take the restriction out of the employee handbook.

Some government officials see it as an issue of Second Amendment rights.  Some see it as a way of increasing safety in the workplace.  Others see it as a simple issue of fairness.  From WSLS:

“It really brings the employees of the county to the public,” said Skelley. “The public has no prohibition and it would be illegal for the county to prohibit exercising their second amendment rights on county property.”

Wisconsin and Kansas have specifically eliminated the liability of employers if they lift the restrictions on employees exercising their Second Amendment rights. Tennessee has a bill on the way to the Governor's desk.  Texas and Kansas have lifted the restrictions on people carrying concealed guns in their statehouses.

New Mexico, Virginia and Georgia are not the only states where local employees are regaining their rights.  We have also seen it in Kansas, North Carolina, Michigan, and Texas.

People with concealed carry permits have grown to nearly 10 percent of the population in some states.  The number of states that have restored the right to carry a concealed weapon without a permit has increased to 10. 

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

TX: Pottsboro Shooting Ruled Self Defense

“The case came down to a claim of self-defense,” Grayson County District Attorney Joe Brown said in a statement about the grand jury’s decision not to indict Vincent Glen Smith, 62, of Pottsboro, in the shooting death of Charles Eugene Carter, 44.

Deputies with the Grayson County Sheriff’s Office were called to a house in the 500 block of Cedar Oaks Road at 3:44 p.m. on Jan. 11. When they arrived, deputies found Mr. Carter dead. He had been shot in the head. Smith, the homeowner at the residence, said he had allowed Mr. Carter and his girlfriend to live in a camper on the property for several weeks.


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FL: Rape Survivor Calls for Campus Carry

For those of you who don't know me, I am the on-campus rape survivor from FSU who supports the campus carry bill.

Unfortunately for Second Amendment rights, Sens. Miguel Diaz de la Portilla and Andy Gardiner, both took part in killing the bill.

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Followup MI: Domestic Shooting Justifiable

No criminal charges will be filed against a Belding woman who killed her boyfriend in October 2015.

Kylie Vincent, 21, fatally shot her boyfriend, Eric Harrington, 34, of Belding in the early morning hours of Oct. 21, 2015. According to Ionia County Prosecuting Attorney Kyle Butler, Vincent acted in justifiable self-defense.


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NC: 77-Year-Old Shoots at Tires, not Thieves

The 77-year-old said he wasn't trying to hit them. 

Instead, he said he wanted to shoot out their front tires to keep them from getting away.  

Channel 9’s Dave Faherty was there when deputies arrived, surrounding, the area and looking for the light grey SUV.

Jewelry, apparently dropped by the thieves as they fled, was in the driveway.

The homeowner, Jerry Townsend, said he told the suspects to stop; when they wouldn't, he began shooting the tires. 

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WI: Antigo - Good Guy with Gun Stops Rampage Shooter; 2 Wounded, Shooter Killed

One female victim was treated for a gunshot wound at the hospital and released. The other victim, a male student, was undergoing surgery as of 11 a.m. for non-life threatening injuries, according to police.

The gunman was armed with a rifle when he started shooting people as they left the school about 11 p.m. Saturday, before an officer already on the scene shot the gunman, authorities said.

"The officer’s immediate response prevented further injuries and possible casualties," the police department said in a statement posted on Facebook. "The initial investigation and officer response indicate this was a lone shooter and a search warrant is being executed at his residence seeking any additional information pertaining to this incident."

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CA: Law Firm Fights for Second Amendment Right to Rifles

Ehline Law Firm’s president, Michael Ehline, had the opportunity to attend oral augments in the case of Hollis v. Lynch, et al, Civil Action No.3:14-cv-03872-M in the Fifth Circuit Court of Appeals.

“As a victim’s rights advocate, gun rights are extremely important to our constituents in Los Angeles, California. This is partly because the US Supreme Court has ruled in Warren v. District of Columbia, 444 A.2d. 1, D.C. Ct. of Ap. 1981, that municipal police have zero duty to protect our wives and children. Therefore, it is down to the heads of households to select the most efficient and safest bearable arms to protect ourselves” said Ehline.

It is the birthright of all Americans to keep and bear arms.

The anti self-defense lobby is terrified that law abiding citizens will have their hands on select fire weapons like M16s. But in reality, many people own automatic firearms who are not the government. Legally owned machine guns have been used in a statistically insignificant amount of crimes. To be clear, there are many varieties of so called “machine guns.”

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NH: Governor Hassan Promises another Veto for Consitutional Carry

In New Hampshire, Democrat Governor Maggie Hassan has promised to veto a near identical bill to the "Constitutional" carry bill that she vetoed last year.  The measure  is proving popular this year, with three more states being added to "Constitutional" carry club. From unionleader.com:

CONCORD — Voting along party lines, the Senate Thursday repealed the requirement to obtain a concealed weapons permit, although the governor says she will veto the bill as she did last year.

House Bill 582 would allow anyone who can legally own a gun to conceal a loaded weapon.

Under current law, a person may carry a loaded weapon that is visible, but a permit is required to carry it concealed.

West Virginia, Maine and Idaho increased the number of "Constitutional" or permitless carry states to 10 this year.  Nine have restored the right to carry a concealed weapon to the status that existed when the Bill of Rights was ratified on 15 December, 1791.  Vermont has always had permitless carry, and has one of the lowest crime rates in the nation. 

New Hampshire is now surrounded by states that have restored the right.  New Hampshire's requirement for a carry permit was passed about a hundred years ago as "progressive" ideas swept the nation.  Those laws are being repealed as evidence accumulates that they did more harm than good.  Opponents say that they are an infringement on Second Amendment rights.  The New Hampshire Senate passed HB 582 14 to 10, along party lines.  The bill passed the House in January, 206 to 146.  Republicans voted for the bill, Democrats against.

With a promised veto, it seems unlikely that New Hampshire will reach "Constitutional" carry status this year.  A Republican governor may be required to accomplish that.  And that may be exactly what the legislature is pointing out.

There is no evidence that permitless carry leads to higher crime levels; there have been some studies that claim a statistically significant drop in violent crimes.  Overall, the change in crime rates is small.  "Progressives" appear to oppose the bill on the principle that government power should not be limited; conservatives, libertarians and constitutionalists approve of it because it shows that the Constitution can and should limit government power.

Those that trust the government are against the measure; those that trust the people are for it.


Trust in the people is on the rise; trust in the government is at record lows.

Vermont, plus the nine states that have restored "Constitutional" carry now make up 20% of all the states in the Union.  They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, West Virginia, and Wyoming.  They extend from the Pacific to the Atlantic, and from the Canadian border to the Mexican.   They outnumber the states that cling to the outdated notion of "may issue" concealed carry permits. 

A number of other states have "Constitutional" or permitless carry legislation in the works.  Their number could pass majority status in a few years.

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Followup WV: 80-Year-Old Shooter Justified in Felons During Home Invasion

When officers arrived on scene, they found a man dressed in dark clothes lying in the middle of the road with at least two apparent gunshot wounds to his head and neck area, according to Shine. He said another man was found shot in the lower torso across the street from the caller’s residence.

The man in the middle of the road was identified as 28-year-old Larry Austin Shaver of Fairmont, while the other male injured was 28-year-old John David Grossklaus Jr. of Fairmont.

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Followup SC; Stabbing was in Self Defense

SUMTER COUNTY, SC (WACH) - Investigators in Sumter County said no charges will be filed in a April 15 stabbing at Pilgrim's Pride chicken plant.

Authorities made the decision to file no charges as they deemed the stabbing to be in self-defense.
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Armed Witness Fires Shots at Thieves

A person with a concealed handgun license tried to help stop a trio of thieves by opening fire at their getaway car in a store parking lot near The Woodlands Mall Friday afternoon.

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WI: Win in the Culture War; Switchblade Knives

You are winning the culture war when the other side accepts your premises.  In the 1950's, legislatures across the country succumbed to the latest trendy weapons ban.  Switchblade knives.  The trend went so far as to pass a federal ban on the importation and interstate sale of of switchblades, because, at the time, it was widely understood the Constitution forbade the federal government from actually regulating the sale of an item inside of state boundaries.  Seven states, including Arizona, did not enact a switchblade ban.

The ban never had any facts or logic to back it up.  It was entirely emotion and media driven legislation, based on fear of the "other", in this case, street gangs armed with switchblade knives.  It was a precursor to the the "assault weapon" ban, another fear and emotion based ban with no data to back it up.  The icon of the switchblade ban was "Westside Story", of the "Assault Weapons" ban "Miami Vice".  Both bans were driven by politicians making a name for themselves and a "progressive" media revelling in emotion driven nonsense.  It took the rise of the Internet and 60 years, but Conservatives, Libertarians, and Constitutionalists are winning the culture war on switchblades and weapons in general.

The Milwaukee Journal Sentinel has deep "progressive" roots.  Milwaukee, Wisconsin, has always been a center of "progressive" thought.   A few months ago, Wisconsin passed a repeal of the state ban on switchblades and other knives.  The repeal also placed knives in the state preemption law, so that the laws are uniform throughout the state. 

The repeal of a weapons ban is reliably heralded by "progressive" media with a flurry of articles about how there will be "blood in the streets".

Not this time.  The jsonline article is fact based and lacks emotional content, except for a little expressed by those celebrating this small step toward freedom.  From jsonline.com:

To the untrained eye, most switchblades look pretty much like other folding knives. But instead of using two hands, or pulling a blade with a practiced thumb roll, a user need only push a button and the blade either swings out the side or shoots out the front and locks into place.

Better models have safety switches that reduce the chances of the knife opening unintentionally.

Butterfly, or balisong, knives also were considered illegal to carry in many places. They do not have springs but can be opened with one hand, with practice and a little martial arts flourish.

Many state bans — and a federal law that prohibits switchblade sales in interstate commerce, except to law enforcement or military users — go back to the late 1950s and early 1960s. That's when Hollywood turned switchblades into an icon of malevolence.

The article goes on the quote a Milwaukee police officer as saying that the change in law is no big deal.  The major difference, it is noted, is that the police can no longer confiscate such knives when they are found, except if the person carrying them concealed is a felon. 

That is an admission that tens of thousands of Wisconsin citizens have been needlessly harassed, had their property confiscated, been fined and or jailed for the last 60 years.  Most of them were minorities.

Governor Walker accepted a fancy switchblade knife, suitably engraved, at the signing ceremony for the bill.  The knife was presented by Knife Rights, which lobbied for the legislation.  From the article:

Wattenberg is proud of the special work it took to engrave the Seal of Wisconsin onto the blade of the knife presented to Walker.

"We've never had a public official decline an automatic knife, ever," Ritter said. "Everyone wants to own a switchblade."

It is the perfect closing to the victory in the culture war.  From being an icon of evil invented by "progressive" politicians, which went so far as to prompt federal legislation, to "Everyone wants to own a switchblade".

It illustrates the death of a "progressive" article of faith:  There are "progressive" experts who know more than everyone else.  Those experts should decide for everyone else how they should live their lives.

Over and over again, we find that "experts" were self serving con men who sold their "expertise" for personal gain; and the policies they crafted did more harm than good. Transfats, Cholesterol, "Four Food Groups", and Ethanol subsidies come to mind.

Today, we see the same snake oil being peddled by "progressives" on everything from "assault weapons" to "climate change" to "Obamacare" to "Universal Background Checks".  They all claim that "experts" know what is better for us than the people do themselves.  They are all premised on the thought that the "elite" should tell everyone else how to live, that the media should "manufacture consent". And they are all just as false.

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

Oklahoma Knife law Reform goes to Governor Fallin

The restoration of the right to keep and carry weapons continues in Oklahoma.  On 20 April, SB 1159 was sent to Governor Mary Fallin for consideration.

The infringement on the carry of weapons had been put into law not long after Oklahoma became a state in 1907, during the early "progressive" era.    There are several sections listed in the 1921 Oklahoma Criminal Code,  pages 523 to 525, published in 1921.  The sections covering the carry of weapons are sections 1798 through 1806.

1798 is the state constitutional guarantee of right to keep and bear arms, which then perversely grants the legislature the power to regulate the carry of arms.  1799 forbids the carry of concealed weapons; 1800 forbids the carry of weapons at all, which seems to make 1799 redundant.  Both statutes list several types of knives specifically.

1802 grants exception from the law to all public officials in the course of their duties, or while travelling from their homes to their place of duty, though it forbids them to do so while intoxicated. 1803 lists exceptions to the prohibition on the carry of weapons for people who are not public officials, for rifles and shotguns while hunting, travelling, and on their own property.

Section 1806 also seems redundant; it forbids the carry of deadly weapons or dangerous instruments openly or secretly whatsoever, with the intent or avowed purpose of  injuring his fellow man, reminiscent of Vermont code.

Oklahoma seems to have grabbed considerable code from other states shortly after statehood, and this may account for the seeming inconsistency and redundancy. 

Legislators of the last several years have done a great deal to make Oklahoma law more consistent while restoring Second Amendment rights. SB 1159 finishes the work done in 2015 when the legislature restored the right to keep and carry automatic knives.  The automated knife prohibition was likely added in the 1950s.

SB 1159 removes the complete prohibition on the carry of the types of knives named in the law. Line through indicates removal.  From SB 1159(pdf):

A. It shall be unlawful for any person to carry upon or about
his or her person, or in a purse or other container belonging to the
person, any pistol, revolver, shotgun or rifle whether loaded or
unloaded or any dagger, bowie knife, dirk knife, sword cane,
blackjack, loaded cane, billy, hand chain, metal knuckles, or any
other offensive weapon, whether such weapon be concealed or
unconcealed, except this section shall not prohibit:

Knife Rights deserves considerable credit for the passage of this bill.  From kniferights.org:

April 19, 2016: Knife Rights' Oklahoma Knife Law Reform bill, SB 1159, was passed by the House 76-5. It was previously passed unanimously by the Senate. The bill now goes to Governor Mary Fallin for signature. 

Oklahoma will join a number of other states that have removed unconstitutional infringements on the carry of knives and other common arms.  Wisconsin did so a few months ago.

In 2015, Governor Fallin signed the bill that restored the right to carry automatic knives.  It seems likely that she will sign SB 1159 as well.  By my count, she has until the 2nd of May, 2016, to sign, veto, or allow the bill to become law.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

More .22 at Dallas WalMart, 5 Cents a Round

I took my grandson to WalMart today to grab some groceries and to check the ammunition display.  They still had 50 round boxes of .22 ammunition, but this time it was 24 boxes of Federal Lightning, at a bit less than 5 cents a round.  That is better than we have generally been seeing for the last five years, but still well above historical levels.  For whatever reason, this particular WalMart has consistently had .22 ammunition available on the shelf for the past few months.

Five cents a round is below what is showing on the ammoseek.com website, which gives a good indication of what ammunition can be had for online.  The lowest that they are showing is .22 Remington at six cents a round.  The drift has been generally downward for a few months; but it has been slower than I anticipated. 

Maybe there is a pent-up demand for .22 ammunition at lower prices, that will stretch out and flatten the demand curve, keeping production at full capacity while the prices drop. 

 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

KY: Teenagers Break in, Kill Dog, are Shot

According to the woman who lives in the house where the shooting happened, the two boys tried to break in, not realizing her husband was there.

While inside, she says the teenagers killed the family dog, and at some point, her husband shot them.

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OK: "Constitutional" Permitless Open Carry Almost to Governor

The Oklahoma legislature has passed HB 3098, the bill to restore permitless open carry to Oklahoma.  The bill passed the House  73 to 15, and the Senate 37 to 9.  Unless it is stopped in conference committee, it will be sent to Governor Mary Fallin.  Two years ago, in 2014,Governor Fallin, (R) Oklahoma, vetoed a number of bills in what has been described as a "tantrum" on the 29th of April. The legislature overrode one of the bills.  It is unclear if Governor Fallin would veto HB 3098, which passed with veto proof majorities.  I have read the bill, and ethansission from opencarry.org sums it up pretty well:

Yes. This bill keeps the Self Defense Act (SDA) intact for concealed carry. The bill basically adds open carry as a general exception to the law against carrying weapons and removes all mention of open carry from the SDA. So the SDA license goes back to being relevant only for concealed carry again, like it was before open carry became legal in Oklahoma in 2012. So this bill, if passed, would mean:

• Open carry is legal without a license (except for under 21, felons, and people with certain mental conditions).
• Concealed carry is legal with an SDA license. Open carry is also legal for someone with an SDA license (i.e. you're not required to conceal just because you have an SDA license).
• Someone holding an SDA license will be permitted to carry concealed in states that reciprocate the Oklahoma SDA license, just like they can today.

The law is likely to pass the legislature with sufficient time so that the legislature will not have to worry about a "pocket veto". Here is the process for a veto by the governor.  From stand.org:

5. Action by the governor:

Within 10 days after passage by the House and Senate, the bill is signed by the presiding offices of each chamber, the chief clerk of the House, the secretary of the Senate and then given to the governor. If legislative adjournment “Sine Die” has not occurred, the governor has 10 days (excluding Sunday) to act on the bill. If the governor does nothing/does not veto it within 10 days (excluding Sunday), it automatically becomes law. It also becomes law if the governor formally acts on it by signing it into law, which is more typical.

6. The way the governor can veto a bill:

The Legislature can let a veto stand or attempt to override it. The governor can veto an entire bill or “line item” veto some parts of it and approve its other provisions. The Legislature may override either a straight or line-item veto by a two-thirds vote of both chambers, until sine die. After sine die, the governor may also “pocket veto” a bill by keeping it 15 days after the Legislature has adjourned without taking official action. With this approach, the Legislature does not have the opportunity to override.

 Governor Fallin has several options, and the legislature should have time to override a veto if she uses that option.

HB 3098 is essentially half of a "Constitutional" carry bill.  The other half would be to eliminate the requirement for a permit to carry a weapon concealed.  Oklahoma is a prime candidate to become a member of the Constitutional carry club, but probably not this year.   It is likely that a much improved amendment to protect the right to keep and bear arms will be on the ballot in November, which will giver further impetus to the "constitutional" carry movement.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

WI: Armed Citizen Holds Fleeing Carjack Suspect for Police

MINNEAPOLIS (WCCO) — The Wisconsin State Patrol says a man who fled a trooper was later held at gunpoint by the owner of a vehicle he stole early Tuesday morning.

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CT: Lawsuit Against Gun Manufacturers has Trial date

It is insane that this suit is allowed to go forward under this bizarre theory.  The theory makes no sense on its face.

It looks like the gun lawsuit that Bernie Sanders has both condemned and cheered could actually go to trial. Yesterday a Connecticut judge set a trial date of April 3, 2018, for a lawsuit against the manufacturer, distributor, and dealer who supplied the Bushmaster XM15-E2S used in the 2012 massacre at Sandy Hook Elementary School in Newtown. In the meantime, the plaintiffs—who include the families of nine people murdered at the school, plus a survivor of the attack—can proceed with discovery. It's not exactly clear what they hope to find, since the case hinges not on facts but on the way they're spun. The plaintiffs argue that selling the Bushmaster XM15-E2S and other AR-15-style rifles to the general public qualifies as "negligent entrustment," because such "assault weapons" have "no legitimate civilian purpose."

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OH: No Charges for Neighbor who Shot Kidnap and Assault Suspect

Hearing screams, the neighbor, whom police said knew the male homeowner, got a gun and ran to the home at 311 Crescent Drive, where the neighbor saw Johnson and the male homeowner fighting on the ground.


Another male neighbor also ran to the scene and helped in trying to subdue Johnson.


- While waiting for police to arrive, the neighbor with the gun shot Johnson as Johnson was running away.


"Our officers were arriving as that whole shooting thing was taking place,'' Green said. "The patrolmen who were arriving pretty much saw that whole thing.''
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TN: Bill Grants Immmunity to those who Tolerate Exercise of the Second Amendment

In Tennessee, SB 1736(pdf)  has passed the House and the Senate. It is a bill that grants immunity for toleration of Second Amendment rights.  It has been enrolled and sent to Governor Bill Haslam.  Governor Haslam promised to sign "Constitutional" carry if it reached his desk, six years ago.  It seems likely that he will sign this bill.   The bill passed the Senate 26 to 4, the House 77 to 13.  The bill follows a trend started by Wisconsin and Kansas, where people who chose to allow others to exercise their Second Amendment rights are granted immunity from civil action for any harm that may stem from that decision.

The Tennessee bill starts with the other side of that position.  People who actively prevent permit holders from exercising their Second Amendment rights may be held liable for harm to the permit holders.  Essentially, if you disarm someone, you are responsible for their defense.  Here is the legislative summary of SB1736. From capitol.tn.gov:

Present law authorizes persons in control of property to post a notice that prohibits firearms on the premises. This bill imposes a duty of care on any person who posts their property to prohibit firearms whereby such person will be responsible for the safety of any handgun carry permit holder while the permit holder is on the posted premises and traversing any area to and from the premises and the location where the permit holder's firearm is stored. The duty of care created by this bill will extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and defensible man-made and natural hazards.

This bill creates a cause of action whereby any permit holder who is harmed while on posted premises or traversing any area to and from the premises and the location where the permit holder's firearm is stored may bring suit against the person who posted the property. The full text of this bill specifies the burden of proof that a plaintiff must meet in order to prevail in a suit brought under this bill. In addition to damages, a permit holder who brings a suit under this bill will be entitled to attorney fees and costs. The statute of limitations for actions brought under this bill will be two years.

This bill requires that any person who posts their property to prohibit firearms on the premises must use a sign that includes language citing this bill and the duty of care that such person owes to permit holders.

This bill requires that it be given a liberal construction.

ON MARCH 16, 2016, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1736, AS AMENDED.

AMENDMENT #1 rewrites this bill to provide immunity from civil liability to a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by positing under present law, with respect to any claim based on the person's, business's, or other entity's failure to adopt such a policy. This amendment will not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.

Property managers required to post properties by Federal or State law are exempted.

The legislature has given an incentive for property managers to tolerate the status quo.  It relieves property managers of legal problems and responsibilities if they do nothing.  Doing nothing gains them immunity from lawsuit.  If they take positive action to chill the exercise of Second Amendment rights, they incur liability when their actions result in damages. 

Governor Haslam has ten days, not counting Sundays, to sign, veto, or ignore the bill.  By my count, the 10th day will be the 3rd of May, 2016.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

CO: Homeowner Shoots Suspect Attempting Break-in

The article makes the mistake of calling the criminal "the victim".

According to Denver Police, the victim was shot during an attempted home burglary. The homeowner shot the suspect. The homeowner was not arrested.

The Denver District Attorney said they will not file charges against the homeowner based on self-defense, but not the "Make My Day" law because it appears the suspect never entered the home and was, instead, outside the home trying to enter through a window.

More Here

TX: Running with a Gun in Dallas

Legal open carry of modern handguns was partially restored to Texans on January 1st, 2016.  I was visiting Texas at the time and open carried a bit, but the cool weather in January made concealed carry more practical.  I returned to Dallas in April, to visit family and a new grandchild. 

This morning, on my aerobic exercise run, I was running west on Rosemeade Parkway.  A black and white police SUV approached on the other side of the boulevard, but did not slow down, and continued on its way without any sign of interest in me.  It was very near the Dallas/Carrollton border, so it could have been one of a number of agencies.  A couple of days earlier, another black and white had driven by me on Marsh Lane without incident.  Both drive-bys occurred after careful scrutiny by a police SUV a week earlier.

On Saturday, the 9th of April, I was running on the same route, on Rosemeade Parkway.  At that point I had turned around and was running east, on the sidewalk, with the flow of traffic.  The police SUV approached me from behind, and clearly saw that I was openly carrying.  I was wearing the same outfit as in the picture.  The police unit immediately slowed; but they started to impede traffic, so the officer did the sensible thing and sped up, then made a right turn into a sided street.  As I approached the side street without varying my pace, the unit pulled up to Rosemeade.  This way they were able to obtain a good look at me without impeding traffic or detaining me.

The pistol is a Glock 17 in a Fobus retention holster.  I also had a Cold Steel Xl in  the strong side pocket with a pocket clip; and an  iphone 6+ in a holster in front.  The red Dan Baum "Gun Guy" cap emphasized that I was not hiding anything. 

I approached the SUV at about 11:39.  I looked directly at the driver's position, and nodded my head in acknowledgement.  I did not look back, but kept going on my run.

The SUV pulled out behind me and passed me for the second time that day.  They did not slow down, and went about their business, just as I did.

They had done proper police work.  The officer(s) saw something unusual; checked it out, did not find any probable cause of reasonable suspicion, and continued on without incident.  A couple a minutes later another SUV with "Constable" on it drove past, but I cannot say if it was connected or not.

I have a strong suspicion that the first look over is what resulted in the later lack of interest.  In my long association with police, my experience is that items out of the ordinary are passed around in the local peace officer community rather quickly.  It keeps officers informed and helps to break up the deadly monotony that is over 95% of police work.

I suspect that the word quickly traveled around the area about the old guy exercising with a Glock and red Gun Guy cap.  I became just another feature instead of a bug.

This is what commonly happens with the restoration of second Amendment rights in an area.  I experienced it in Arizona, and it is spreading over all the country.  First, there are horrific predictions of "blood in the streets" by the media that know nothing about guns, but know what they oppose.  Nothing happens, the expansion of rights does not result in "blood in the streets".  Then a few incidents occur where a "good guy with a gun" stops crime or saves an innocent victim.  Sometimes it is a cop.  The police chiefs start saying that the restoration of rights hasn't been a problem.

Nothing much happens, until the next step in restoring Second Amendment rights is up for a vote in the legislature.  Then the whole process is repeated.

It is so predictable, it become monotonous.

It is all a part of replacing emotional propaganda with facts and logic; restoring American values that were degraded during the ascendancy of the "progressive" media.  It isn't over yet, but it is happening all over the country.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch