Saturday, May 27, 2017

Tennessee Hearing Protection Act Signed by Governor Haslam



The Tennessee Hearing Protection Act was signed by Governor Bill Haslam on 9 May, 2017, and becomes effective on 1 July, 2017. The act eliminates the ban on the ownership of gun mufflers/silencers/suppressors by the State of Tennessee.

SB0921 or Tennessee Hearing Protection Act (HPA) was a popular bill in the legislature. It was passed in the Senate, 28-1 on April  3rd. It was passed by the House, 74-18, on May 1st. 

The bill took a straightforward approach to reform of the Tennessee silencer legislation. It simply removed the archaic restrictions.  From legiscan.com:

As introduced, enacts the "Tennessee Hearing Protection Act," which deletes the prohibition on possession, manufacture, transport, repair, or sale of a firearm silencer. - Amends TCA Section 39-17-1301 and Section 39-17-1302.
From justia.com:
TCA Section 39-17-1301
(5) "Firearm silencer" means any device designed, made or adapted to muffle the report of a firearm;
 TCA Section 39-17- 1302
(5) A firearm silencer;
Firearm silencers were invented in 1902 by Hiram Maxim.  He also invented automobile mufflers. The two inventions are remarkably similar. Car mufflers came to be required equipment by law on the public roads. For no apparent reason, gun mufflers (aka silencers) were effectively outlawed by the FDR administration in 1934 through insanely high taxes and burdensome regulation. The $200 tax in 1934 was the equivalent of $3500 today. At the time, a Maxim Silencer cost about  $6. The federal tax was 3,300% of the cost of a silencer.

Reform of silencer/gun muffler law has been sweeping the nation. The American Suppressor Association (ASA) states that 18 states have legalized hunting with suppressors since 2011, and three states have legalized the ownership of suppressors.

The elimination of the Tennessee statutes that made suppressors illegal in the state does not eliminate the federal regulation of silencers. But federal prosecution of silencer law is more difficult than state prosecution, and the federal Hearing Protection Act is very popular.  It has been in the top ten most viewed bills on the Congressional web site for many weeks.  The act has 141 co-sponsors, including four Democrats.

If the federal HPA passes, Tennessee will not need to worry about useless state regulations.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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From legiscan.com:

Knife Reform Bill Passes Texas Legislature: On to Governor Abbot



The Texas Legislature has passed significant knife law reform by large margins. The bill is on the way to Governor Abbot, and will likely be signed into law. The bill removes bowie knives, dirks, throwing knives, daggers, swords and spears from the list of "illegal knives".

H.B. 1935 in the House with a vote of 131 to 1. The Senate vote has not yet been reported. In the last legislature a similar bill was approved by the Senate unanimously. The ban on knives was first passed in 1871.

In 1871, the reconstruction government in Texas passed the bill to forbid the carry of bowie knives and other arms that could be useful for self defense. The current statute is directly derived from that law. Here is the original verbiage. From guncite.com:
Any person carrying on or about his person, saddle, or in his saddle-bags, any pistol, dirk, dagger, sling-shot, sword-cane, spear, brass knuckles, bowie knife, or any other kind of knife, manufactured or sold, for the purpose of offense or defense, unless he has reasonable grounds for fearing an unlawful attack on his person, and that such ground of attack shall be immediate and pressing; or unless having or carrying the same on or about his person for the lawful defense of the State, as a militiaman in actual service, or as a peace officer or policeman, shall be guilty of a misdemeanor....
The reconstruction government had to change the Texas Constitution to pass the law.

The current restrictions on knives in Texas consists of the following list. People are forbidden from carrying these knives across most of the state. From state.tx.us, edited for ease of reading:
(6)
AA
       Illegal knife" means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stiletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

H.B 1935 changes the list of "illegal knives" to "location restricted knife". The bill simplifies the definition to be any knife with a blade of more than five and one-half inches. Location restricted knives can be carried throughout the state, except for a few locations where they are banned.  Those locations are:

School or educational institution, or passenger transportation of a school or educational institution, whether public or private

Businesses that earn more than 51% of their income from the sale of alcoholic beverages to be consumed on the premises.

A polling place on the day of an election

Government court or offices utilized by the court

Premises where a high school, collegiate, or professional sporting event, is taking place.

Premises of a correctional facility

Hospitals

Nursing facilities

Mental Hospitals

Amusement parks

Church, synagogue, or other established place of religious worship

There are exceptions in the law for the use of ceremonial blades and in historical and theatrical events.

In the last Texas legislature, similar legislation passed both houses unanimously, without the location restrictions. The bill was supposed to be put on the "Local and Uncontested Calendar in 2015. It has been reported that Senator Whitmire had agreed to put the bill on the Calendar, then failed to do so, killing the bill for that session. Senator Whitemire is a Committee Chair and a Democrat, in the Republican legislature.

Knife Rights deserves credit for effective lobbying in Texas to pass this bill.

If signed by Governor Abbot, the law will take effect on 1 September, 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Initial Report From Gallatin County Sheriff Department on "body slam" Incident




Here is the initial report filed by Gallatin County Sheriff Department deputies, immediately after they responded to the Ben Jacob/Greg Gianforte incident. From gallatinmedia.org
At 5:08 pm this evening our Deputies responded to Discovery Drive for a reported assault. The text of the initial report to the 911 center follows:



-111.068258 +45.653654 21 CALLBK=PH 2 21 M
RP STATES HE WAS JUST ASSAULTED BY GREG GIANFORTE
STATES THAT GREG BODY SLAMMED HIM AND KNOCKED HIS ARM
Recommend Unit Command opened on event S1705240107
RP HAS A RECORDING OF THE INCIDENT ON HIS PHONE
STATES IT HAPPENED AT THE CAMPAIGN HEADQUARTERS BUT DOESNT KNOW THE ADDRESS
RP IS A REPORTER AND HE ASKED GREG ABOUT HIS HEALTHCARE PLAN AND HE “BODY SLAMMED HIM”
GREG IS STILL AT THE HEADQUARTERS
RP WOULD LIKE MEDICAL ATTENTION
RP IS SAFE NOW
ADDITIONAL AMR UNIT REQUESTED AT SCENE
ADDITIONAL AMR UNIT REQUESTED AT SCENE
Recommend Unit Command opened on event f201703380
** Case number R201700166 has been assigned for FIRE:HFD
** Case number A1705240007 has been assigned for EMS:AMR
** >>>> by: JAKE ALLMENDINGER on terminal: gc911eccop3v92
** >>>> by: JAKE ALLMENDINGER on terminal: gc911eccop3v92
C6-1 STAGED
QRU 6 & C6-2 STAGED
MEDICAL IS CLEAR
NWE ADV
Ending Transport Mileage: 3.4
 Notice what is not in the report? No indication of a neck grab. No indication of punching.  It is not clear what Ben Jacob means by a "body slam" but it appears, from his later description, that it means he went from vertical to horizontal.

From myfox8.com:

Jacobs told ABC’s “Good Morning America”: “It was a little bit sudden, but I went from being vertical one moment to being horizontal the next.”
Compare this to Alicia Acuna's description, that went viral shortly after the event. From foxnews.com:
At that point, Gianforte grabbed Jacobs by the neck with both hands and slammed him into the ground behind him. Faith, Keith and I watched in disbelief as Gianforte then began punching the reporter. As Gianforte moved on top of Jacobs, he began yelling something to the effect of, "I'm sick and tired of this!"
Notice the glaring inconsistencies between Acuna's version of events, and Jacobs' version of events. Alicia Acuna has already walked back the description of a "neck grab".  From lifezette.com:
"One of you guys said last night that he put his hands around his neck," Ingraham said. "Which, as somebody who's done a lot of taekwondo and self-defense, to me that seemed, that might not be exactly right."

"You know, and I'm the one who said that," Acuna replied. "I saw both his hands go up, not around his neck in a strangling type of way, but more just on each side of his neck, just grabbed him and I guess it could've been on his clothes, I don't know."
What exactly did happen? We do not know. It seems likely a minor incident was portrayed as something more serious in an attempt to influence the Montana election. That attempt failed.

Gianforte won with  with 51% of the vote. The Democrat candidate pulled in 44% of the vote, the Libertarian, 6%. Totals do not add up to 100% because of rounding.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Friday, May 26, 2017

OH: Customer and Robber Exchange Shots During Bank Robbery



COLERAIN TOWNSHIP, Ohio -- A bank customer and robber fired at each other Monday inside a Key Bank on Springdale Road, according to police.
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Followup MS: Sheriff's Office Rules Shooting Justified

RIENZI, Miss. (AP) - The shooting death of a 77-year-old woman has been ruled a justifiable homicide by a sheriff’s office in Mississippi.

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GA: Robbery Suspect Shot in Home Invasion



STOCKBRIDGE — A 31-year-old man suspected in a Stockbridge armed robbery is dead following a Tuesday night home invasion and shooting, according to the Henry County Police Department.


Robert MacDonald was found shot and killed at a home on Kinsey Drive late Tuesday. A homeowner's adult son held MacDonald at gunpoint after he allegedly broke into the home, and after calling for help, MacDonald was shot in his chest by the man's father.


The Police Department announced MacDonald’s death in a press release Wednesday afternoon. His description matched that of an armed robbery suspect who reportedly held a knife to an employee at a Stockbridge Dollar General one hour before the home invasion, a spokesman stated in the release.
More Here

10th Circuit holds Municipal Court Convictions of Domestic Violence do not Eliminate Second Amendment Rights



The 10th Circuit has issued an opinion that convictions of municipal and local ordinances for domestic violence do not remove a person's rights under the Second Amendment. Current federal law makes a person who has been convicted of domestic violence under "Federal, State, or Tribal law" a prohibited possessor who may not legally purchase or possess firearms or ammunition. In this case, U.S.A. v. Pauler, the defendant, Alexander J. Pauler, had been convicted of violating a Wichita, Kansas municipal ordinance against domestic violence. From hutchnews.com:
WICHITA – A Kansas man convicted of misdemeanor domestic battery under a city ordinance can legally carry a gun, an appeals court found in a ruling that could have broader implications for firearm sales.

The 10th U.S. Circuit Court of Appeals’ ruling came in the case of Alexander Pauler, a Wichita man who was accused of violating a federal law that prohibits someone from owning a gun if they’ve been convicted of misdemeanor domestic violence “under federal, state or tribal law.”
The opinion is fairly short and well written. It essentially says that the statutory language is clear, and means what is written. It is unclear if the state will apply for an en banc ruling, appeal the case to the Supreme Court, or elect to accept the 10th Circuit decision. From uscourts.gov:
We interpret “State” to have the same meaning in § 921(a)(33) that it has throughout the rest of §§ 921 and 922 and therefore conclude that “a misdemeanor under Federal, State, or Tribal law” does not include a violation of a municipal ordinance. In these sections, when Congress refers only to “State” law, it does not also include the laws of a state’s political subdivisions. Accordingly, because Defendant’s prior violation of a Wichita municipal ordinance was not a “misdemeanor crime of domestic violence” as defined by § 921(a)(33), the government has not demonstrated that he was prohibited from possessing a firearm under § 922(g)(9).
It is unknown how many people have been convicted of domestic violence under municipal or local ordinances. In some areas, large percentages of domestic violence cases are tried in municipal or local courts. Plea bargains where part of the deal is to plead guilty to a municipal ordinance rather than a state statute, are known to occur.  From pressofatlanticcity.com:
About 43 percent of new domestic violence cases are heard in municipal court.
The case opens up a new strategy for defendants who are charged with domestic violence.  Those who wish to avoid the expense of a trial have an option that may avoid loss of Second Amendment rights, by pleading to a municipal ordinance. Those who have been convicted under municipal or other local ordinances now have a reasonable case to appeal their status as prohibited possessors.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Homeowner Shoots Man Breaking Into Residence



A Kensington homeowner shot a 47-year-old man who was breaking into his residence Tuesday afternoon, police said.
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GA: Robber, Shot at, Drops Stolen Wallet



Tolbert said the man held out his hand as if “representing that he had a weapon,” the report noted, adding that “Tolbert gave the suspect his wallet and then pulled his own weapon out.”

As the robber ran down Old Clinton Road, Tolbert, armed with a 9-mm handgun, fired about four shots at the guy, the report said. “He stated that he stayed near the building for cover in ... case the suspect fired back.”

Read more here: http://www.macon.com/news/local/crime/article152212742.html#storylink=cpy

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TX: Man Shoots "Best Friend" Who Pointed Rifle at Him



Paul told deputies that Rodney Clay Peters was his best friend and roommate.

Apparently, Peters had been acting "crazy" and was carrying his rifle around with him, according to Neal's press release.

"Mr. Peters then went to Mr. Paul's bedroom and pointed the rifle at him. Mr. Paul grabbed a handgun that was next to his bed and fired at the victim to protect his life. Mr. Peters fell to the ground and Mr. Paul called 911," Neal's press release states.
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Followup LA: Armed Woman Shoots Man who Attacked her



Shreveport police say they got the call at around 7:40 this morning that there was a shooting at Country Club Apartments in the 4300 block of Lakeshore Drive. There, they found Leeartavious Barrett, 37, suffering a gunshot wound to the head. He was taken to University Health.

Based on a preliminary investigation, the woman was leaving the complex, presumably on her way to work, when Barrett allegedly attacked her and tried to strangle her. That's when she pulled out her own gun and shot him.
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MS: Domestic Defense, Girlfriend Shoots Ex who Broke in



Police have identified the victim as 34-year-old Moss Point resident Jerry Lee Lyons and say when they arrived on the scene he was lying face down in the doorway with several gunshot wounds. Lyons was taken to Singing River Hospital where he later died.

Investigators say it appears Lyons had forced his way inside the home before he was shot. Captain Shannon Massey with Pascagoula PD said, “In the past, we’ve answered several domestic calls at this residence so this residence was known to our officers.”
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IN: Homeowner Fatally Shoots Armed Man Breaking in to Home



The homeowner told investigators the man was wearing a mask and had a gun as he crawled in through a bedroom window when the shooting happened. Police say it appears the homeowner acted within the law.

Police identified the man killed as 25-year-old Malcolm Tyler Payton of Evansville.
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NC:Homeowner Fires 14 Shots, Police Investigate Home Invasion



A homeowner is recovering after a home invasion on Woodington Lane in northwest Charlotte.

That homeowner fired 14 shots at the intruders then ran for help, police said.

Witnesses said the man who owns the home crawled out of a small window, slid down a sloped ledge, and injured himself when he fell on the ladder rail on the back of a work truck.
More Here

Thursday, May 25, 2017

Tennessee Legislature Takes Action to Reduce Ineffective Gun Free Zones



On 18 May, 2017, the Tennessee Legislature sent bill HB0508 to Governor Haslam for action. The bill was very popular in the legislature. It passed the House 71-14, and the Senate 26 to 6.

The essence of the bill is that it requires local and state government entities to use more than mere signs to ban firearms from their premises. The common sense approach is that signs merely stop law abiding people from carrying, while doing little to prevent people armed with ill intent from entering such facilities. The mechanism to enforce the bill is that of private lawsuits. Triple damages, including attorney fees, may be awarded under the provisions of the bill.  Organizations whose members are effected may sue.

The bill removes immunity from state or local government entities if they prohibit the lawful carry of firearms from their property, unless they institute actual measures to prevent people from carrying firearms on the property.  The measures required would be metal detectors and security guards on all public entrances. 

An amendment was added to the bill on May 3, 2017, exempting some government premises.  From tn.gov:

AMENDMENT #2 revises this bill as follows:

(1) Prohibits a "local government or a permittee thereof" instead of an entity of "local or state government" from enacting or enforcing a prohibition or restriction on the possession of a "handgun by a handgun carry permit holder" instead of a "firearm" on property owned or administered by the entity;
(2) Adds an "authorized representative with the authority to deny entry to the property" to the persons who may inspect a bag, package, or container as described above in (3) in the bill summary; and
(3) Adds that this bill will not apply to:
(A) Licensed mental health facilities, facilities licensed under the provisions governing juveniles, such as childcare agencies, or licensed healthcare facilities;
(B) Schools and parks where certain school-related events are occurring, if present law prohibits firearms on such property;
(C) Property on which judicial proceedings occur regardless of whether judicial proceedings are in progress;
(D) Buildings that contain a law enforcement agency;
(E) Libraries; or
(F) Facilities that are licensed by the department of human services and administer a Head Start program.
 The bill is a step forward in eliminating irrational gun free zones. It will likely be signed by Governor Haslan. He has stated that there is no point in opposing a bill that has more than 2/3 of the votes of the legislature.  From nashvillepublicradio.org:
"You can veto it, but if something passes two-to-one, you're probably wasting your breath," Haslam says. "So you're better off to try to work on the front end to try to get the bill in as good a shape as it can be."
This reform measure will eliminate some irrational gun free zones, but some new ones are created. In previous law, gun free zones were only allowed in rooms where court proceedings were actually in session. The new law changes that to buildings that contain rooms where judicial proceeding happen. It is a major change.

The bill is a tradeoff. Most legislators probably did not realize the change created by (C) above.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Competing Federal Knife Bills Blunt Reform Efforts



With Donald Trump as President, now is the time to reform federal knife laws and to protect knife owners from abusive state laws. Two different bills have been introduced, one in the House, H.R. 84, by Knife Rights, and one in the Senate, S. 1092, by American Knife and Tool Institute (AKTI). The two bills are based on continuing efforts by both groups. They are superficially similar, but differ in crucial details. Both bills are fairly short. As with all legislation, you have to read the language very carefully and critically to understand some of the differences.

The Knife Rights bill creates serious reform and institutes significant protections for knife owners across the nation. While based on the concept of the Firearms Owners Protection Act (FOPA), it corrects numerous flaws in that legislation. It provides penalties for local officials who violate the law. It protects all legal acts of possession, carry, or transport. It eliminates the federal ban on the interstate commerce, manufacture, or importation of automatic knives. The repeal of that ban is long overdue.

The AKTI bill is also based on FOPA. Unfortunately it offers only minimal improvement over existing law, and contains all the flaws that have been noted in FOPA. There is no means to enforce the law against local officials who ignore it. There is no repeal of the federal ban on automatic knives.  The wording is such that the protections only apply to knives that may be legally possessed and carried at the beginning and end of the travel. Note the phrase "possess and carry" at the end of the excerpted section of the bill. From congress.gov AKTI's S. 1092:
(a) Transport of knives.—Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by any Federal law, rule, or regulation from transporting, shipping, or receiving a knife shall be entitled to transport a knife for any lawful purpose from any place where the person may lawfully possess and carry such knife to any other place where the person may lawfully possess and carry such knife if—
There are numerous states where some knives may be possessed, but may not be carried. Texas is one such state. Common bowie knives may be possessed, but are illegal to carry in most circumstances. (Knife Rights is lobbying hard to correct that situation, it may happen this year).  Compare the paragraph above to that in Knife Rights' bill. Just a few words make an enormous difference. Instead of "posses and carry", there is "possess, carry, or transport".  From congress.gov Knife Rights' H.R. 84:
(a) In general.—Notwithstanding any provision of any law or any rule or regulation of the United States, or of a State or any political subdivision of a State, any person who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife or knives shall be entitled to transport a knife or knives from any place where such person may lawfully possess, carry or transport such a knife or knives to any other place where such person may lawfully possess, carry or transport such a knife or knives if—
The use of a comma and the word "or" in the phrase "possess, carry or transport" means that each separate action is protected.  When the word "and" is used, as in the ATKI bill, it requires that both actions be present for the protection to exist.

Reform of knife laws has been popular across numerous states. But in some states, such as New York and New Jersey, abuse of knife owners by local officials has become common. ATKI and Knife Rights should be natural allies who work together to restore the Second Amendment rights to keep and bear knives. Knives are arms protected by the Second Amendment.

Knife Rights introduced SB 245 in Michigan, for example. The bill removes the ban on automatic knives put in place in Michigan in 1952.  ATKI supports SB 245.  It is common sense that ATKI and Knife Rights work together to support federal reform.

Second Amendment supporters won a significant victory with the election of Donald Trump. The appointment of Justice Gorsuch to the Supreme Court shows that support was justified. Now is the time to push for reforms that would have been vetoed by President Obama.

The AKTI effort is appreciated. All efforts to restore Second Amendment rights are appreciated. But the AKTI bill, S. 1092, is too timid for the times. Under President Trump, more can be achieved.  Knife Rights has an impressive record of passing and influencing state and federal legislation.

Knife Rights can be contacted at this link

AKTI can be contacted at this link

For those who live near Atlanta, AKTI will be at  booth #16 in the Blade Show on June 2-4, 2017. Knife Rights will be at booth 706.  A one day ticket for the show costs $18 online, $20 onsite.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.





Tuesday, May 23, 2017

OK: Resdent Shoots Man who Broke into Apartment



OKLAHOMA CITY —

Police are investigating after a burglar was shot Saturday afternoon while breaking into a northwest Oklahoma City apartment.

Officials said the burglar broke into an apartment complex in the 5700 block of Northwest 23rd Street, near North MacArthur Boulevard. A resident was at the apartment and shot the burglar in the side.
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PA: Husband Accidentaly Shoots 78-Year-Old Wife; Mistaken Identity



A 78-year-old woman was shot inside her Red Lion home early on Saturday morning by her husband who thought she was an intruder, according to Pennsylvania State Police.

Joan Reichard was in stable condition at York Hospital, with what police described as a non life-threatening gunshot wound to the chest.

The shooting, which few neighbors said they heard on the quiet borough street, was said to be a "pure" accident, according to Trooper Brent Miller, a state police spokesman.
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Nonimmigrant Aliens may Legally buy and Posses Firearms in the USA, If:



It has long been known that nonimmigrant aliens may purchase and own firearms  in the United States for hunting or for sporting purposes.

In order to legally purchase firearms from federally licensed dealers, non-resident aliens have to show a legal hunting license or that they "have been admitted" for sporting purposes. The easiest way to obtain a document to allow purchases at gun stores is a hunting license. Some Chinese students in Arizona recently fell afoul of the law by purchasing *resident* hunting licenses when they were not technically eligible to do so.  From azcentral.com:
In recent months, federal and state officials have cited at least eight Chinese students at the University of Arizona for fraudulently obtaining resident hunting licenses, and also seized from them a number of firearms obtained using those licenses.

A high-ranking federal official told the Star his agency has no evidence of “malicious intent” by the eight students. Nevertheless, the purchases reveal what officials say is a potentially troubling vulnerability in federal and Arizona firearms laws, which exempt international students and other non-immigrant visa holders with hunting licenses from prohibitions on gun ownership.
The students had been living in the United States for up to two years when they purchased their resident licenses. This seems to meet the requirement for being "domiciled in this state for at least six consecutive months". In 2010, that would have been sufficient.  From the 2010-11 regulations:
Resident:

A person who has been a bona fide resident of the state of
Arizona for six months immediately preceding the date of application
for a license or a tag or a member of the armed forces who has been
stationed in Arizona for a period of 30 days immediately preceding the
date of application for a license or a tag.
 But another requirement  was added by 2015.
and who does not claim residency for any purpose in any other state or country.
Was the extra requirement added at the suggestion of the federal government?
 
It was this added requirement that tripped up the Chinese student firearm enthusiasts. They were cited for fraudulently obtaining a resident hunting license in Arizona.  If they had obtained a non-resident license, they would have been legal.

States vary considerably in what is required to obtain a resident hunting license. In Iowa, a full time student qualifies.

From iowadnr.gov:
2. Is a full-time student at an accredited educational institution in Iowa and resides in Iowa while attending the educational institution,
Our Chinese students would have been perfectly legal in Iowa. 

The ATF is clear that having a valid hunting license is a lawful exception for nonimmigrant aliens to legally possess firearms. From atf.gov:
May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?

An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
An Arizona non-resident hunting license is $165 per year.  If you are in the USA on a nonimmigrant visa, it is a small price to pay to own a firearm, compared to the enormous costs of owning firearms in most of the rest of the world. But you could purchase a Utah non-resident hunting license. A Utah non-resident 1 year basic hunting license is $65. 

Another suggestion for people here on nonimmigrant visas: join a shooting club and compete in competitions. You could do so with borrowed equipment at first. After you decide what you wish to purchase, then use a valid hunting license and copies of your competitions to meet the federal requirements. The law does not limit nonimmigrants to hunting; sporting purposes, which include competitions, are included as well. 

I am not a lawyer, nor do I play one on the Internets. But a valid hunting license and proof of participation in club competitions should be more than sufficient to meet the federal requirements for legal firearm ownership by nonimmigrant aliens.

 ©2017 by Dean Weingarten: Permission to share is granted when this notice is included.





KY: Shot Fired at Burglary Suspect

LEXINGTON, Ky. (LEX 18)-- A shot was fired after a man was caught breaking into a home on East Loudon Friday afternoon.



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OH: Firefighters Break-in, Shots fired with .44 Magnum, no one hit


The fire department forced entry into the home. The man fired shots at the firefighters, police said.

The man, who identified himself as Kenneth Glenn Mullins, was taken into custody for questioning.

"I mean, someone breaking into my house. What would anybody think?” Mullins said. “I dropped to my knees, got my weapon. I shot over them though ... I just wanted to scare them. They couldn't even find the shell casing because I don't want to kill nobody. I'm not that way, even though I'm a veteran.”
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FL: 56-Year-Old Shop Owner Shoots 28-Year-Old Customer



POMPANO BEACH, Fla. - An auto repair shop owner fatally shot a customer Friday morning during a business dispute, authorities said.

Broward sheriff's deputies said the victim, Richard Buchanan, 28, approached the owner of the repair shop at 2100 N. Powerline Road just before 9:40 a.m.
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TX: Mistaken Identity Tragic Shooting of Friend



A man was with friends in his apartment off El Camino Real near Seafoam when a group of assailants arrived and attempted to rob them; the man who was renting the apartment fled.

When he later returned, police said, his friends mistook him for one of the robbers returning, and he was shot through the apartment window.

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TN: Armed Woman Chases off 5 Home Invasion Suspects



“I got up and came running through the hallway and my gun was sitting on the dog cage, and the guy was standing in the kitchen. He had just busted my door open,” Lee said.

Lee then grabbed her .45-caliber handgun and her shotgun.

“I put the gun in his face and asked him if there was something I could do for him, and he was gone just that quick,” Lee said. “I chased him out the back door trying to look at the tag number on the car, something I could describe other than just him.”

Within an hour, Madison County deputies arrested Quentin Childress, 20, of Jackson, Jaylon Chiles, 18, of Biloxi, Miss., Amar Johnson, 21, of Jackson, Kendrick McMullin, 19, of Jackson, and a juvenile male. Each is charged with aggravated burglary.
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IA: Armed Woman Shoots Ex at Kum and Go

The case remains under investigation.

At about 11:45 p.m., the woman called police to report that she had shot her ex-boyfriend outside Kum & Go, 2110 Guthrie Ave., according to a Des Moines police report.

She told police her ex-boyfriend had tried to run her over with his vehicle, so she fired the gun in self defense, according to the report.
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Sunday, May 21, 2017

MI: 68-Year-Old Victim Fires Gun to Stop Dog Attack



However, witnesses reported hearing a gunshot. Police confirm that a gun was fired, but not by a police officer.

“The victim is a licensed gun owner who had his gun with him,” Zalewski said. “He fired his gun into the ground to scare them off.”

Zalewski said shooting the gun did succeed in getting the dogs to stop attacking.

When the reporting officer arrived he said a detective and a command officer were already at the scene, trying to get the dogs away from the victim. They were circling the injured man and made several charges at officers, displaying their teeth and growling.
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FL: Armed Man Shoots Uncontrolled Pit Bull Mix that Charged Him



Harmon said Lucky was a pit bull-mix puppy, who escaped from their home around 8:30 p.m.

"She ran out the door and she got as far as the street and he shot her," she said.

A 42-year-old man jogging past Harmon's home told deputies he shot the dog because he felt threatened when the dog charged at him.
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GA: Armed Neighbors Capture 1 of 2 Home Invaders



After the man was hit with a brick by one of the suspects, he wrestled the bat from the other suspect and hit and injured a suspect, according to the sheriff.


Freeman ran but was chased into nearby woods by armed neighbors, who held him until deputies arrived, according to the release.


One suspect hit the victims’ dog with a baseball bat during the incident as the dog tried to protect its owners, the sheriff said.


Freeman is in jail, and Alcantar is in a hospital, the sheriff said. Both teens will be charged with home invasion, armed robbery, burglary, aggravated assault and cruelty to animals.
More Here

TX: Intruder Attacks Family, is Shot, Killed



Olvera says the intruder grabbed the televisions inside the home and flung them at the family before he made a move toward the bedroom where three young children, ages 10, 8 and 5, were sleeping.

That’s when Olvera says her brother-in-law grabbed his gun and fired a warning shot into the air. But the intruder kept attacking the family. So Olvera says her brother-in-law shot the intruder in the chest, twice.

“I was so against having guns at home, but now I’m so thankful that he had one. Because I don’t know what would have happened if they didn’t have it,” said Olvera. “We’re a Christian family. We don’t believe in killing anybody. But we had to do what we had to do to protect our family and protect our little kids.”
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OH: Knifeman stabs, disarms store owner, then shoots him as he flees



"He swung one of the knives and stabbed Will in the lower abdomen in his lower back," Pido explained.

Goodwin grabbed a gun from behind the counter, but the intruder wrestled it away and pistol-whipped the owner on the head.

As Goodwin ran from the store, two shots were fired. One bullet shattered a game of chance machine. The other bullet hit Goodwin's face and then shattered the front door.
More Here

Friday, May 19, 2017

TN: Man Shoots Burglary Suspect who Attacked Him



Seeing the homeowner, the suspect reportedly jumped out of the vehicle and charged at the man.

Authorities said that’s when the homeowner opened fire, striking him. He then immediately called 911.
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AZ: .22 Revolver used to Stop Naked Man



The woman's 86-year-old boyfriend returned with a gun.

Reza allegedly started walking toward them both when the boyfriend fired two to three warning shots into the air. The boyfriend said Reza continued walking toward them so he fired another round, which struck Reza in the face.

Reza was taken to Sunrise Hospital in Las Vegas where he was listed in fair condition.

A .22 caliber revolver was taken and placed in evidence pending the Mohave County Attorney’s Office review.
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SC: Gunfight with Armed Intruder


He jumped up and armed himself with his handgun.


That’s when he noticed a man coming toward his bedroom.


The resident said he shot at the intruder out of fear for his own safety. The intruder returned fire.


The intruder exited the house and the two continued to exchange fire.
More Here

PA: Armed Victim Shoot s Armed Suspect

A 23-year-old man attempting an armed robbery was shot by the victim Tuesday afternoon in the city's Feltonville section, police said.

More Here

Number of Carry Permits tops 15 million in 2017




In July, 2016, the number of concealed carry permits in the United States was over 14.5 million.  The number was growing rapidly during the election year. It is now over 15 million, and likely much higher.  A few states require a permit for both open and concealed carry.

Starting with the numbers from the Crime Prevention Research Center, there have been increases in all states where numbers could be found. The dozen states listed below show actual figures and the increase from the numbers cited in the CPRC study.

Arizona 272,622 to 315,107 as of May 18, 2017, an increase of  42,485.

Florida 1,581,742 to 1,755,580 as of April 30, 2017, an increase of 173,838.

Indiana 728,976, to 799,546 as of March 31, 2017, an increase of 70,570.

Michigan 556,136 to 613,387 as of May 1, 2017, an increase of 57,251.

Massachusetts 360,263 to 412,369 as of Dec, 2016, an increase of  52,106.

Ohio 549,730 to 574,000 as of September 30th an increase of 24,270. It was a record year for Ohio and many states.

Louisiana 154,707 to 173,881 as of 31 December, 2016, an increase of 19,174.

Minnesota 221,712 to 265,728 as of 1 March, 2017, an increase of 44,016.

South Carolina 276,084 to 308,406 as of December 31, 2016, an increase of 32,322.

Tennessee  560,933 to 592,517 as of 1 May, 2017, an increase of 31,584.

Texas 1,052,073 to 1,150,754 as of 31 December, 2016, an increase of 98,681.

Wisconsin 300,000 to 321,200 as of 7 January, 2017, an increase of 21,200.

That is an increase of  624,625 permits for only those dozen states. That puts the number of carry permits over 15 million nationally.

Pennsylvania has over 1.2 million permits, but the current numbers were not found in Internet searches.  The numbers for Ohio are valid through the third quarter of 2016. It is likely that another 50,000 permits were added in the last two quarters in Ohio.

The rate of increase of permits continues to grow as reforms of the permitting process make the acquisition of permits easier. Texas is in the process of reducing permit fees from $140, to $40, for example.  A modest counter current exists in the increase in Constitutional Carry states.

When a state converts to Constitutional carry, there is often a slight decrease in permits, followed by increases.  In Arizona, there had been 156,000 permits issued by 2010. Not all of those permits would have been active. Arizona joined the Constitutional Carry club in 2010, yet today, Arizona has over 315,00 permits, more than double what it had in 2010!

Vermont was the only Constitutional Carry state until 2003, when Alaska passed its modernization bill. Arizona was next, in 2010. Since 2010, ten more states have modernized state law to reflect respect for the exercise of Second Amendment rights.

There are 13 current members of the Constitutional Carry Club. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

With over 15 million carry permits nationwide, and 13 Constitutional Carry states, the movement to restore the exercise of Second Amendment rights continues on the fast track.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TX: Legislature lowers License to Carry Fees, Governor Abbot Likely to Sign



SB 16 Reforms the fee structure of the license to carry in Texas. Texas has one of the highest shall issue license to carry fees in the United States. The current cost is $140 for the original license and renewal is $70.  The reform law reduces the original license to $40, and the renewal to the same $40.  People who are indigent have the initial fee reduced by half, to $20.  The renewal fee for the indigent will be $5. For people 60 years or older, the same $20 for an original and $5 for renewal, applies.

SB 16 passed the House 111 - 30. It passed the Senate 31 - 0. It was sent to Governor Abbot on Monday, 15 May, 2017.  Governor Abbot has been a strong Second Amendment supporter. It is expected that he will sign SB 16.

John Lott's research has confirmed the obvious. The higher the costs to obtain a concealed carry permit, (or in a few states, license to carry)  the lower the percentage of people who obtain the permit or license. From crimeresearch.org:

Each $10 increase in fees reduces the percent of adults with permits by about a half a percentage point.
This bill reduced the fee for a License to Carry in Texas by $100, a substantial amount. According to the research cited above, that should result in a 5% increase in the percentage of adults with LTCs in Texas.  The population estimate for Texas in 2017 is 28.4 million.   73.3% of which are 18 or older.  That is 20.8 million adults.

Texas showed 1,150, 754 active license holders at the end of 2016.  That is between 5% and 6% of adults in Texas. 5% of 20.8 million is another million active license holders.

Other consideration besides price can chill the acquisition of Concealed Handgun Licenses or Concealed Carry permits. Texas requires training by Texas certified instructors, and legible fingerprints.

It is reasonable to project that Texas will pass the 2 million mark for CHLs by 2027.

If Governor Abbot signs HB 16, the statute will go into effect on 1 September, 2017.

The number of people with concealed handgun permits in the United States was estimated at 14.5 million in the middle of 2016. The addition of another million permit holders in Texas will continue the rapid increase in permit holders. Ten states have more than 10% of the adult population with permits. Indiana has over 15% of adults with permits.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.





NV: Armed Resident Shoots Neighbor who had Knife



The resident fired one shot, hitting the victim in the chest. He was pronounced dead at the scene.

McGrath said a knife was found and the resident did not have a criminal record.

While detectives still had to fully question the resident, McGrath said, “the preliminary is it’s self defense.” The resident told police he believed the victim was a neighbor, but did not know the man or why he was in his home, McGrath said.
More Here

FL: Man Shoots Dog that Attacked his Cat




Williams defended the shooting, saying the dog got into his yard Friday on Butler Drive, and attacked his cat. "The cat was in the dog's mouth, and I shot the damn thing in the shoulder. I couldn't go for a head shot, because I would have killed the cat."

Williams says he had very little time to even think before pulling the trigger.
More Here

Thursday, May 18, 2017

IN: Man who Threatened to Kill People, Killed by Armed Man



A spokesperson with the Indianapolis Metropolitan Police Department said Keith Banks, 31, was doing burnouts and doughnuts near small children. Many people called the police, but he left before police arrived.

Banks returned, threatening to shoot people because somebody called the police, neighbors said.

Banks started chasing another man and threatening to kill him. The second man pulled his handgun out and shot the man several times, then immediately contacted police.
More Here

OK: Armed Vet Holds Druged Home Invader for Police



“He kicked the front door of the residence and made it all the way it to the hallway to the bedroom,” Weir said.

The homeowner, a military veteran, pulled out a gun and protected his wife and children. He can be heard in his 911 call telling the suspect to get on the ground.

More Here

Followup IL: Two Charged after Carjackin Suspect Shot



Two men, one of whom was shot, have been charged after a carjacking turned violent and the victim opened fire Wednesday morning in the West Elsdon neighborhood on the Southwest Side.

Guillermo Parada, 25, and 22-year-old John Zuniga have both been charged with robbery while armed with a firearm, according to Chicago Police. Parada also faces one count of aggravated unlawful use of a weapon.

More Here

NC: Armed Customer Shoots suspect



SHEVILLE - A customer at an Old Haywood Road convenience store shot a would-be robber Friday night, the owner of the M&J Food Store said.

Police wouldn't comment Sunday or Monday on the owner's version of events but said they found a person near the West Asheville store with a gunshot wound. Officers said they plan to serve arrest warrants on a juvenile who is now in Mission Hospital.

More Here

Wednesday, May 17, 2017

CA: Robber with Fake Gun is Shot



A masked robber with a bogus gun messed with the wrong Fairfield smoke-shop clerk on Sunday — and now he’s in critical condition with a bullet hole in his chest, officials said.
More Here

Tuesday, May 16, 2017

Followup WA: Bushnell Found not Guilty, Will be Reinbursed for Attorney Fees



SPOKANE, Wash. - Edward Bushnell, who shot and killed someone while trying to stop a domestic violence incident, has been acquitted on all charges.

The jury found the defendant was acting as a good Samaritan.

If convicted as charged, Bushnell was looking at a 25 year prison term.

Bushnell says he's happy with the not guilty verdicts but will never be okay with taking someone else's life.

Bushnell hugged his attorney as a series of not guilty verdicts cleared him criminal liability in the fatal shooting of a man in East Central Spokane almost 2 years ago.

Bushnell saw a total stranger getting beaten by her boyfriend and when Bushnell tried to stop the attack, he was clubbed in the face.
More Here

NV: Man Borrows Gun to Shoot Pit Bull Attacking his Dog



A pit bull was shot and killed Saturday when a man walking his dogs, Tom Cope, jumped into action to protect his beloved pets.

"If I didn't intervene, my dog would die," Cope said.

He says he was taking his two dogs, Sergeant and Cotton, for their morning walk when the pit bull approached Sergeant, a German shepherd, in what looked like an attack mode.

"I didn't have time to react right away," Cope said. "He lunged, got my dog, got him on the neck and he didn't let go."

More Here

TX: Armed Woman shoots Suspect, Suspect left Child in Car


It happened in the 6300 block of Aspen Farm just before 2 p.m. Police say the man tried to get into the home through a window, but a woman inside met the alleged intruder and shot him.

The alleged intruder, later identified as 39-year-old James Carney of New Braunfels, died at a hospital. Police said Carney left a 7-year-old in the car during the attempted break-in.

More Here

OR: Man Shoots Dog, Part of Pack Attacking Mare


He said it all started right when he woke up. He said he heard an unfamiliar bark. When he followed the sound, he found three dogs attacking Tressa. He said he yelled at the dogs, but then they started coming for him.


"It's terrible that I had to shoot someone's dog, I mean, I love dogs but they need to not be chasing animals," Carpenter said. "I mean, I'd do the same thing to my dog if he was chasing livestock, I'd shoot him."

More Here

MO: Home invader Shot, killed, Occupant Wounded



Upon arrival, officers learned the shooting was a result of a home invasion. The suspect was shot by an occupant inside the home.

The suspect, only described as a black male, unknown age, was dead at the scene.
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NV: Man Shoots Pit Bull who Attacked Man and Dogs



LAS VEGAS - Just days after a pit bull killed a baby girl in a neighborhood in the northwest part of the valley, another pit bull was killed Friday after allegedly going on the attack.

The neighbor jumped into action, shooting and killing a pit bull that was biting a man and his two dogs. It happened just before 7 a.m. in Centennial Hills near Deer Springs way and Oso Blanca Road.

Witnesses said the man and his neighbors tried everything from pulling and hitting the dog before making the decision to shoot and kill it. They feared that if they didn't subdue the dog, it would go after another person.

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MO: Car Beats Gun, Manager Killed Attempting to detain Suspect



Jason Howland, manager of the Blind Tiger next door, said he saw Cavanaugh chase a man out the back door of the shop who appeared to be stealing about $20 worth of comic books.

Howland said Cavanaugh pulled out a handgun and was hit by the vehicle as the thief drove away.

“There was a lot of blood,” Howland said.
More Here

LA: Elderly Occupant Shoots, Kills, Threatening Suspect

A preliminary investigation indicated the suspect entered the home, would not leave and threatened to harm the elderly occupants of the residence. The OPSO reports, one of the occupants was able to secure a firearm and shot the suspect, who was fatally wounded and pronounced dead at the scene.

More Here

More on Suspect Shooting in FL: 82-Year-Old Shoots Suspect Fleeing from Police

“We heard the gunshots, we came outside, the guy was running across the roof,” said witness Rene Hernandez. “And then the gentleman was saying, ‘He’s here, he’s here.’ And that’s pretty much it after I lost sight of him, after he crossed the street.”

According to detectives, the 82-year-old man was startled by the sound of noise coming from his basement, where he was confronted by the suspect and pushed. Armed, the homeowner fired a single shot, wounding the young man in the buttocks.



More Here

Monday, May 15, 2017

OH: Mistaken Identity: Daughter shot, Wounded



The resident could see a shadowy figure, thinking it was an intruder, he fired a shot at the person.

The person in the kitchen turned out to be his daughter. She was transported to Akron City Hospital for non-life threatening injuries.
More Here

Sunday, May 14, 2017

AZ: Man Shoots Alleged Assailant in Phoenix gas Station Rest Room



According to the Phoenix Police Department, witnesses reported seeing and hearing an altercation between two men in the bathroom of the gas station.

One of the men shot at the other during the altercation, witnesses told police. The shooter cooperated with the officers and alleged that the other man was physically assaulting him, police said.
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GA: Knive Reform law Signed by Governor Deal




Governor Deal of Georgia signed a reform of the states's knife law to go along with the campus carry bill this year. The knife law reform was in HB 292. HB 292 had a number of gun law reforms included in it. Knife Rights supporter Senator Bill Heath was able to include the knife reform as part of the bill.

Before the law was signed, it was illegal to carry any knife with a blade that was more than five inches in length. With this reform, the limit has been increased to 12 inches.  12 inches includes most bowie type knives. From ga.gov:
(2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five 12 inches in length which is fastened to a handle."
Why stop at 12 inches, and not simply eliminate the length restriction altogether? Because it was the increment that could get passed this year at this time. The restriction dated from the first restrictions on concealed weapons in Georgia, that were based on concerns about slavery and dueling.  A specific ban on the concealed carry of bowie knives was passed in 1837.

Knife Rights promoted, pushed and was the principle force behind the legislation. They have been rolling up an impressive string of victories. Year in, year out, they remove knife bans. They pass knife preemption laws that stop local governments from infringing on Second Amendment rights. They are making the right to bear knives the second front in the war to restore the Second Amendment.

 ©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





Saturday, May 13, 2017

CA: Owner Protects Dog from Attacking Pit Bulls, Kills one



An Orcutt resident shot and killed one of two pit bulls that were attacking a dog on Thursday, according to the Santa Barbara County Sheriff’s Department.

Deputies responded just after 9 a.m. to a report of a German shepherd being attacked in the backyard of a home on the 1400 block of Rosalie Drive, said sheriff’s spokeswoman Kelly Hoover.

A neighbor tried unsuccessfully to break up the fight using a garden hose, Hoover said.
More Here

Followup VA: No Charges for man who Shot at Vehicle that Hit him



“Did you shoot somebody or did you just fire at him?” the dispatcher asked.

“I shot at him. He tried to run me over.”

The suspect was able to get away. Police are still looking for him.

10 On Your Side has been told the neighbor who fired the gun is not facing any charges.
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IL: Armed Victim Shoots one of two Armed Robbery Suspects

A man with a concealed carry license shot an armed man who tried to stick him up late Wednesday morning on the Southwest Side, Chicago police said.Shortly after 11:30 a.m., the victim was standing outside his vehicle in the 5300 block of South Pulaski Road when two men approached and demanded his car keys, police said.

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Montana Goes Constitutional Carry...for Knives



Montana law treated knives with a blade of more than 4 inches the same as firearms in their concealed carry statute. 

It is legal to carry concealed weapons in most of Montana, without a permit, except inside city limits.  The law only applied to people in incorporated towns and cities.

This year, 2017, Governor Bullock is term limited, and cannot run again. He vetoed the proposed Constitutional Carry bill for the third time.

But Governor Bullock allowed HB 251 to become law.  HB 251 is simple. It removes all weapons from the concealed carry law except firearms.

The votes for the bill were 70-29 in the House and 38 to 11 in the Senate. That is more than enough to override a veto from the Governor.

In Montana, if the governor does not sign or veto a bill, within 10 days after it is delivered to him, it becomes law.

Constitutional Carry for knives became law on April 21, 2017.  It goes into effect on 1 October, 2017.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Armed Citizen Shoots Armed Robber in Buttocks

An armed citizen stops a crime spree.

ST. LOUIS • A man pumping gas Wednesday morning turned the tables on a would-be robber who may be tied to a string of other crimes.

Police say the man was at the Phillips 66 station at 4500 North Broadway about 7 a.m. when a dark-colored car pulled up. A man jumped out of the passenger seat and tried to rob the victim.

But the victim had his own gun and pulled it on the would-be robber, shooting him in the buttocks.
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Followup OH: Woman Found to be Justified in Shooting Boyfriend/EX



A woman wounded a man in shooting in the parking lot outside the Sears at Dayton Mall Monday afternoon.


Here are the latest updates:

  • Jordana L. Esses shot Brenton Boudreau, her on-again/off-again boyfriend, Miami Twp. police said.
  • Esses fired 10 to 15 times during an argument that turned physical. He was hit in the leg, according to police.

  • Police and the county prosecutor’s office agreed the shooting was a case of self-defense

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SC: Off Duty Officer Shoots Pit Bull, Saves Child



The man said he yelled at the dog several times in an attempt to stop the attack. The officer fired five shots after checking that the children were away from the weapon. The dog died at the scene.

The man called 911 and cared for the boy outside his home until EMS arrived. Police said the victim suffered bite marks, bruises and scratches to his side and rib cage. He was transported to an area hospital.

A man who witnessed the shooting told police the officer had no choice but to shoot the animal. Goose Creek Police Maj. John Grainger said the shooting was justified given the circumstances.
More Here

Friday, May 12, 2017

Peruta Likely to be Heard by the Supreme Court



Rumors are flying that the Supreme Court to hear the appeal to the 9th Circuit decision on Peruta v. California.  It makes sense that the Court would agree to hear the appeal now that Justice Gorsuch is on the Court.  From scotusblog.com:
There is only one new relist this week – but oh, what a relist it is. Peruta v. California, 16-894, asks whether the Second Amendment entitles citizens to carry handguns outside the home for self-defense – including concealed carry when carrying firearms openly is forbidden by state law. Under California law, openly carrying a handgun outside the home is generally prohibited, but concealed carry is permissible with a license. Applicants for concealed-carry permits must demonstrate “good cause” to obtain a license, which some county sheriffs (the relevant decision-makers) interpret to include a desire to carry a handgun for self-defense. The San Diego County Sheriff, however, defines “good cause” to require a showing of a particularized need for self-defense.
We should know with certainty, in a few days.

The essence of the Peruta decision is that there is no independent right to keep and bear arms outside of the home. The original appeals decision held that because the open carrying of arms was generally prohibited in California, the County Sheriffs could not arbitrarily refuse to issue concealed carry permits. If they were allowed to do so, the right to carry arms outside the home for self defense would be neutered.

In the en banc decision, the Ninth ruled that there was no right to carry arms concealed outside of the home, and ignored the California ban on the open carry of arms.

It is unknown when the Supreme Court will hear the case. Presumably, it will be this year.

It is easy to speculate why the Court would agreed to hear Peruta now. With rumors of another justice leaving the court this spring, this may be the last chance that leftists on the court will have to emasculate the Heller decision.

Justice Kennedy has been the reliable swing vote on the court. If he is replaced by an originalist and textualist justice, strong support for the Second Amendment is likely.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

LA: Constitutional Carry Bill Killed in Committee



HB 68 (Constitutional Carry), was killed in the House Committee on Criminal Justice in an 8-5 vote. The vote was not recorded, so we do not know who voted which way.  There are 10 Republicans, 8 Democrats, and 1 independent on the committee. That is 19 members. But only 13 members voted. Who were the absent committee members? No one who knows is willing to say. From wafb.com:
BATON ROUGE, LA (WAFB) -

The House Committee on Criminal Justice shot down a bill Wednesday that would have eliminated the process for obtaining a concealed carry permit.

Representative Barry Ivey was joined by many gun rights advocates who support his bill. They say the long and costly process for obtaining a concealed carry permit violates their second amendment right.

It was not a roll call vote. That implies that the committee chair, Sherman Q. Mack (R) Dist. 95, or the Vice Chair Steve E. Pylant (R) Dist. 20, did not want a roll call vote. A commenter at legiscan.com states that this has happened several times in the past. From the comments at legiscan.com:

This bill has been shot down multuple times in the past years by the House Administration of Criminal Justice. It is time to let the poeple you represent vote on whats right for them and let this bill pass on to a vote of the people. Instead we have politicians who think they know whats best for you or police who dont want to deal with any hassle. Guess what, criminals are going to conceal anyway so this only affects law abiding citizens and the state because they count on this money. The only help we need on this one is to let us vote. There are alot of good people in this state that cant afford to take time off work ( not open on weekends)not to mention the $500.00 fee to get a lifetime concealed permit.
 As with many Second Amendment related reforms, there is often one or two personalities that act as roadblocks to stop them. It is the way the system works, but it also indicates that the legislative leadership is in agreement with the results. If they were not, a way around those personalities would be found. The bill could be given to another committee, for example.

While Louisiana has one of the strongest state constitutional protections for the right to bear arms, it appears that the legislature will be of little aid in restoring that right. The amendment was passed in December of 2012. From the Constitution on the State of Louisiana:

Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.
 It is hard to see how permit fees and the requirement for classes to exercise a fundamental Constitutional could pass strict scrutiny. It has not come to my attention that a court in Louisiana has ruled on the requirement for either.


©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





.223 Used to Rescue Relatives Next Door, two Invaders Shot, 1 Killed


On 9 May, 2017, a Houston family underwent a home invasion nightmare. Sometime in the early morning hours, twin 19 year old brothers woke to their parents screaming while being beat and held hostage by four armed home invaders. The stories do not say exactly what the four invaders were armed with. At least one had a pistol, because the father and the twins were "pistol whipped". The mother and 10 year old sister were held hostage.  The robbers demanded jewelry and money. From khou.com:
HOUSTON – A man came to the rescue when his relatives next door were tied up and assaulted during a home invasion in northeast Houston overnight.

Houston Police Department officers responded around 4 a.m. Tuesday to a call of a burglary in progress at a home in the 3700 block of Crandon Street.

“They had my little sister at gunpoint, so we couldn’t do anything,” said 19-year old Rene Garcia.

He and his twin brother tried to lock themselves inside their bedroom when they heard their mom and dad screaming and struggling. At least one gunman threatened to shoot a family member if Rene and his brother didn’t open their bedroom door, Garcia said.
The uncle, who lives next door, heard the screaming and came to the rescue. Some accounts say that the Uncle came across an invader beating a family member in the back yard; another says that the Uncle broke into the house and shot the invaders. The presence of three .223 steel casings in the driveway indicates shots were fired before the Uncle entered the house, if he did.

We do not have information about what model of gun the Uncle used. The pictures of the casings are indicative it was a .223 semi-auto.

Until more details are revealed, it will not be clear that a .223 semi-auto was used to rescue his family from the home invaders.

One of the reasons that instances of defensive uses of semi-auto rifles are not documented more often is that reporters are ignorant of firearm models and calibers.

Numerous reporters were on the scene. They took excellent photographs of the shell casings.

Several stories have been published about the incident. Not one mentions the caliber of casings seen in the pictures.

Crime Scene Markers of Shell Casings in the Driveway
It matters because those who want a disarmed population claim that .223 semi-auto rifles are never used for defensive purposes, or are not suitable to be used for those purposes. It is likely that the firearm associated with the casings shown above would be banned by the Maryland law at issue in the 4th Circuit Kolbe v. Hogan decision.  From reason.com:
In Kolbe, the 10-judge majority concludes that the guns and magazines covered by Maryland's ban are "dangerous and unusual" because they are "exceptionally lethal weapons of war" that are not appropriate for civilian use: "We are convinced that the banned assault weapons and large-capacity magazines are among those arms that are 'like' 'M-16 rifles'—'weapons that are most useful in military service'—which the Heller Court singled out as being beyond the Second Amendment's reach."
Heller did nothing of the sort. But that did not stop the 4th Circuit from concocting the lie.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.



TX: Uncle to the Rescue, Shoots two, 1 Dead, 1 wounded



Investigators said four male suspects tied up the family inside the home using their shoelaces. Rene Garcia and his father were pistol-whipped to the point they were rushed to the hospital and given stitches to the backs of their heads.

“They took all our jewelry and all the cash our dad has,” said Garcia.

Garcia’s uncle heard the commotion. He grabbed a gun and confronted the suspect who was beating one family member in the backyard. The uncle shot and wounded that suspect.

When the other three tried to jump a fence, one of them turned toward the uncle with a pistol so he shot him, police said. That suspect died at the scene.
More Here

Thursday, May 11, 2017

Michigan Bill Introduced to keep licensing, Eliminate Pistol Registration



A reform of Michigan handgun registration law has been introduced in the Michigan legislature. Michigan handgun registration was originally passed in 1927, 90 years ago.

Michigan law may have been used as an example for the National Firearms Act of 1934. After Michigan law required a license to obtain a pistol in 1927, another statute  was added to make it illegal to possess a short barreled rifle or shotgun in 1931.

The National Firearms Act bill originally required licensing and registration of all pistols, as well of all short barreled rifles and shotguns in 1934. Pistols were stripped from the bill by Congress, leaving the curious regulation of short barreled rifles and shotguns.  Such oddities and orphans in the law are far too common.

Michigan removed their state ban on short barreled rifles and shotguns, in deference to the Federal regulation, in 2014.  The bill proposes more reforms by making the pistol registration system from 1927 voluntary.

From mlive.com:
Under current law, a person cannot purchase, carry, possess, or transport a pistol in Michigan without first having obtained a license for it. The person then turns the license back in to authorities, officially registering the pistol.

Chatfield's house bill 4554 would make that last step optional, and eliminate the $250 fine for not registering. It would also allow people who have already registered to request the Michigan State Police remove their information from the registry.

"There is no need for state government to maintain an exhaustive list of law-abiding citizens who legally purchase pistols," Chatfield said in a press release.

He said Michigan was one of only six states to require registration right now, and it did little to fight crime.
Registration of guns has been shown to be a very poor method of reducing crime. It enhances the belief that the purpose of the registration system is to enable confiscation at a later date.  The Canadian pistol registration system was never important in solving a single homicide in 75 years of use.  The Michigan system has had the same result over the last 90 years.

 The bill to reform the law, HB 4554, keeps the requirement for licensing for obtaining pistols, but eliminates the requirement to register the pistol. Line outs and additions have been edited for clarity. From the bill:
The purchaser may return 1 copy of the license to the licensing authority. The purchaser may return the copy to the licensing authority in person by first-class mail or certified mail to the proper address of the licensing authority.
The change is an incremental step to only eliminate the registration system. A similar bill failed to pass  the legislature in 2016.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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CA: Gunfight at Market, Robber and Store Owner Killed



About 8 p.m. Sunday, he had come from the back of Martinez Market at 6565 S. Normandie Ave. to help a female employee who had been confronted by two masked men who ordered her to empty the cash register, according to police and reports from the scene.

Martinez exchanged gunfire with the suspects and was struck multiple times and killed, authorities said.

The robbers fled and one of them later died at a hospital, according to the LAPD.
More Here

TX: Man Shoots Pit Bull that Attacked his Dog



A pit bull was shot and killed by a Waco man Monday after the dog escaped a fenced-in yard and attacked the man's dog as he walked in a North Waco neighborhood, Waco police Sgt. W. Patrick Swanton said.
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Followup GA: Dead Armed Robber Identified

The police chief said Derrick Lashawn Johnson, 26, came into T-Bird’s Liquor Store on State Street around 11 p.m. Saturday night. A store employee wrestled with Johnson, and that is when another worker grabbed a store gun and shot and killed Johnson.

More Here

SC: Homeowner Shoots at Fleeing Home Invader



NCPD officials said the victim was sitting on his couch when he heard his rear glass siding door shatter but when he went to look, he didn't see anyone.

According to an incident report, the victim ran upstairs and grabbed his rifle. He said he waited at the top of the stairs, heard footsteps on the broken glass, and ran towards the sound. He told police he saw two men running away and jumping over his back fence. He said that he saw one of the men turn around and reach towards his waistband to he fired a shot towards the man but missed.
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NC: Armed Resident Shoots Man attempting Break-in



A man says he shot a man who tried to come inside his residence at the Misty Woods Apartments on Central Avenue in east Charlotte.

Police said when they got to the apartment complex, a resident told them a man he knows had forced his way into the apartment.

The resident said he then shot the man.

After being wounded, the man went outside to the parking lot, got into a vehicle and went to the hospital, police said.
More Here

Wednesday, May 10, 2017

OH: Cleveland Attempts to Steal Another Gun



On March 24 in 2015, in Cleveland, Brian Bridges shot a man in self defense. He had a concealed carry permit from Ohio, and was never charged with a crime.  But the accomplice of the man who was shot was charged.  From clevescene.com:
That trial wasn't to be— the defendant pleaded guilty to involuntary manslaughter in October 2015. But now, in 2017, Bridges still hasn't gotten his handgun and other items back, the complaint alleges.
From courthousenews.com
Bridges claims Cleveland police unlawfully seized his property, “including a Glock 21 semiautomatic handgun, ammunition, holsters and a redcherry piccolo,” to be used as evidence in Akins-Daniels’ case.

Despite the fact that the criminal proceedings against Akins-Daniels are over, police have not returned Bridges’ guns, he says.

Bridges noted in his complaint that he is a professional security guard and has a license to carry a concealed handgun.

He sued for replevin and violation of the Second and Fourth Amendments to the U.S. Constitution.

Bridges seeks $20,000 in compensatory damages and $50,000 in punitive damages. He also wants an injunction to stop the city from “enforcing any policy and/or actions that infringe upon a lawful gun owner’s right to keep and bear arms.”
Replevin
n. under Common Law, the right to bring a lawsuit for recovery of goods improperly taken by another. In almost all states the term replevin in no longer used, since the states have adopted "one cause of action" for all civil wrongs.
 This isn't the first time Cleveland has been sued for keeping a firearm without justification. In effect, this is legalized theft. It usually costs more in legal fees to obtain a court order to have the property returned than the gun is worth. It is a common problem in urban areas.

In February of 2013, Cleveland searched the car of Derrick J. Washington, a witness who reported a shooting that he heard. The police wrongly stated that there was a warrant for Washington's arrest. He showed them his concealed carry permit and told them his gun was in a locked container in his car.
 
They searched his car and found the pistol in the locked box. The police had confiscated Washington's pistol and concealed carry permit. They then arrested Washington.

Derrick J. Washington spent three nights in jail while they discovered the error. The city prosecutor refused to charge Washington. Washington repeatedly asked for his pistol back. The city refused. Washington sued in federal court. The city settled with Washington and returned his pistol in November of 2013. He also received $1,000 for his trouble, $5,500 in attorney fees, and $250 in court costs.

In the current case, Brian Bridges' attorney Michael J. Connick is suing in the  Cuyahoga County Court of Common Pleas, which is where Derrick J. Washington started his lawsuit. At least Bridges was not arrested and forced to spend three days in jail.

I suspect the lawsuits will have the same result, but courts can be chancy. The city may not  decide to settle, or they may settle before the case reaches the federal court.

We should find out in the next few months.


©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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