OH: Home Invader Shot 3 Times

The male suspect was shot two times in the leg and once in the hand, according to Lachey. He said the man — who has not yet been been named — is in Miami Valley Hospital, and was having surgery Monday for a shattered femur.

Lachey said as there was no sign of forced entry, they believe the male suspect entered the home through a “doggie” door.

Lachey said this is the second time in a matter of months this home has been invaded.


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TX: Republican trades words with Democrat who vowed to "get him" Says he would shoot an Attacker

Two of at least four levels of Sanctuary City Proponents Disrupting Texas Legislature

A Texas legislature called Immigration and Customs Enforcement on disruptors at the Texas Legislature who claimed to be illegal immigrants. When he told other legislators of his action, a scuffle broke out on the floor.  This video shows the level of disruption that occurred before the scuffle. The "protest" was against a bill that had been signed into law days before.

Link to video

There are conflicting versions of events. Rinaldi, the Republican who Called ICE, said he was assaulted and threatened by Romero and other Hispanics, who had to be held back by other legislators.  He claimed that another legislator, Poncho Nevarez,  specifically threatened to "get him" on his way to his car.

Rinaldi then says he said that he would shoot him if he were attacked. A personal firearm levels the playing field between a mob and a single legislator.

The press conference by Romero said that Rinaldi threatened them, never mentioning the previous threats.

All this  came about because several  protesters claimed to be in Texas illegally and claimed that they would stay illegally. That is when Rinaldi called Immigration. 

This is what happens when you ignore the rule of law, which has been the case for the last eight years, if not more.

Nevarez says that he regretted that he acted as he did, but then added about Rinaldi "He was asking for it." In a special to dallasnews.com, Mark Davis wrote a response.  From dallasnews.com:

No disagreement between lawmakers should ever escalate to scuffles among the desks. But Republicans are not going to back away from the enforcement of existing laws demanded by their voters. If Democrat voters wish for their representatives to dismantle those laws and turn a blind eye to illegal immigration, that is a debate every Republican will welcome.

What we will not do is tolerate lies about our motives. Romero knows full well that Rinaldi was not trying to get the whole gallery full of protesters deported. Nevarez and the rest of the Mexican-American legislative caucus know that none of this is about race; it is about behavior.

But it is harder to argue that following the law is somehow a bad idea. Better to simply smear opponents as haters and hope they are cowed into submission.

What is not being talked about is the disruption of the legislature and the intimidation by the "protesters".  It appears to be a pure power play by the pro-illegal crowd.  The bill had already passed and been signed into law days ago.

The video is the best that I have found to show the scale of this disruption of the Texas legislature.

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

Gun Watch

Governor Fallin Signs SB 397 Restores Carry on Buses

On 19 May, 2017, Oklahoma governor Mary Fallin signed into law another reform of Oklahoma firearms law. SB 397 removed another egregious discrimination against poor people exercising their Second Amendment rights.

In Oklahoma, it is illegal to bear arms on buses used as public mass transportation. Most people who have sufficient means prefer to use private transportation. In most situations it is far more efficient, effective, and convenient to use individual transport.  But in some situations, such as in crowded urban centers where parking is expensive, time consuming, and hard to find, a great many people have to resort to riding buses. Those people tend to be people of limited means.

If you ban people from bring arms onto buses, you have effectively chilled Second Amendment rights for people who use public transportation.

Oklahoma Republicans rolled back that discrimination in 2017. The Senate passed the bill on 23 March, 43 to 1. The vote in opposition was a Democrat, Senator Matthews.

The House passed the bill, after an amendment, on 25 April, 79-9. All votes in opposition were Democrats. They were F. Bennett, Blancett, Dunnington, Griffith, Munson, Nichols, Virgin, Walke, and Young.

The Senate then repassed the amended bill on 11 May, 39 to 1. The same Democrat opposed the bill.

The legislature took care to make it a separate crime to discharge a firearm in a bus, terminal, or other transportation facility, unless it was done in a deadly force defense. From Legiscan.com:

It shall be unlawful for any person to discharge any firearm into or within any bus, terminal or other transportation facility, unless such action is determined to have been in defensive force resulting from reasonable fear of imminent peril of death or great bodily harm to himself or herself or another.

The law goes into effect on 1 November, 2017. 

While the new law refers to "Deadly or dangerous weapon" separately from firearms, It seems that penalties only result if the weapons are used in an attempt to take over the bus.

Oklahoma passed a knife preemption bill in 2015, and removed knives from the illegal weapons list in 2016.


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

Gun Watch

AZ: Gun Beats Taser, Robbery Suspect Killed

The homeowner told authorities that the suspect came into his home, robbed him and was causing a disturbance.

The suspect reportedly deployed a TASER at the homeowner several times.

The homeowner then shot the suspect; the suspect later died from his injuries.
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CA: Attacking Neighbor Attempts Disarm, is Shot in Foot

Earlier, Head physically assaulted his neighbor with a knife and the neighbor brought out a gun for protection.

While the two were arguing Head slapped away his neighbor's gun. The gun fired and shot Head in the foot, said Llamas.
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Gold Medal Winning Woman Shooter in India Stops Kidnapping with Licensed Pistol (what model?)

Link to video of interview on Youtube

Ayisha Falaq is a competitive shooter in India.  On the 25th of May, she used her licensed .32 ACP handgun to rescue her brother in law from kidnappers in a village, Bhopra near to the Haryana border.  It was an impressive achievement. Ayisha is being lauded in the Indian and international media.

From ndtv.com:

New Delhi: A national-level shooter, 33-year-old Ayisha Falaq, has been handling guns for the last six years. But last week, she took up her licensed revolver for the first time to counter crime after her 21-year-old brother-in-law Asif Falaq, was abducted. Ms Falaq, the police said, fired two bullets at two men - one bullet grazed a man, another man was shot in the foot.

(snip)

With a police vehicle on their tail, Ms Falaq and her husband reached the kidnappers. It was decided that she would be the one handing over the money. The rendezvous point was near the village at post-midnight.

Ms Falaq, who won gold in 2015, carried her .32 bore licensed revolver with her.

"They had started suspecting that we had the police with us," said Ms Falaq. As soon as her husband parked his car parallel to theirs, they started shouting 'kill them', she said. "They came out of the car and it was then that I shot them at their feet," she said.

 Reporters in India are even less informed about firearms than reporters in the U.S.A. It is obvious that Ayisha's pistol is a semi-auto.  Nothing larger than a .32 is authorized under Indian law (there are always exceptions).  What is the model of pistol that Ayisha used? It looks much like a Browning BDA. But there are anomalies. The barrel, where it locks into the slide, appears relatively square, like a Glock.  The end of the slide seems rebated for a greater distance than the BDA. If you look at the top picture, the frame appears to be composite, with a squared off trigger guard.

 

Here is another picture:

 Is this the pistol she used in the rescue? Is it a prop for the interview? One account said that her pistol was confiscated by police. It seems unlikely that she would get it back so quickly. If this pistol is a prop, it is a very, very good one.

Importation of pistols is not allowed in India, at  least for civilians. There is a small stock of foreign made pistols that are grandfathered.  They are extremely expensive. Still, the Indian bureaucracy is notoriously corrupt.

Could it be a copy, made in India or Pakistan?

Perhaps an alert reader can make the connection to a commercially manufactured pistol.

Update: readers, including  Virgal Bressner and Kovacs Jeno from The Truth About Guns have I.D.ed the pistol in the images as a Walther P22. Because it is in India, it is likely the 9mm blank firing variant. It is likely being used as prop in the photos because the actual pistol is in police custody.

The actual pistol used is likely the Indian manufactured Ashani .32 ACP semi-auto (from goodboy_mentor) on indiansforguns.com.

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

Gun Watch

IL: Gunfight Legally Armed Man Survives, Attacker Dies

The man was legally armed and exchanged gunfire with the boy, police said. 

The boy got into a waiting vehicle and drove off into Chicago, police said. He was taken to Stroger Hospital, where he was pronounced dead.

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CA: Off Duty Officer Shoots two of three Teen Attackers

One of two teenage suspects shot by an off-duty U.S. Customs and Border Protection officer Friday night — who authorities say they were trying to rob — has died from his injuries.

A 15-year-old boy was pronounced dead at 5:34 a.m. Saturday at a hospital, the Los Angeles County Sheriff’s Department reports. A 14-year-old boy who also suffered gunshot wounds is expected to survive.
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AL: Home Invader Shot by Armed Victim

The alleged victims said two men forced their front door open.

Police say when one of the suspects kicked in the bedroom door, he was shot.

Mobile Police say 31 year-old James Key was shot in the head and shoulder.
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OK: Governor Fallin Signs SB 35, Carry for People with Valid Military ID

On 17 May, 2017, SB 35, the recognition of military, guard and reserve members to carry concealed weapons based on a military, reserve, or national guard valid I.D. card, was signed into law by Oklahoma Governor Mary Fallin.

SB 35 was popular in the legislature. It passed the Senate on 15 March, 2017, 40-2.  It was amended on 11 April in the House. It passed the House  on 19 April, 2017, 85 - 0.  The amended version then passed the Senate unanimously, 46-0. It was signed by Governor Fallin on 17 May, 2017.

The act goes into effect on 1 November, 2017.
The bill will become part of Oklahoma carry law, which is about 14 pages long. Here is the definition of who may carry with a valid military I.D.  From state.ok.us (pdf):

2. The person is twenty-one (21) years of age or older, and is either:

a. active military, or

b. a member of the Reserve or National Guard to include Drill Status Guard and Reserve, Active Guard Reserves or Military Technicians, and presents a valid military identification card that shall be considered a valid handgun license issued pursuant to the Oklahoma Self-Defense Act

People from other states who have a valid military I.D. are recognized. The reciprocity section at the end of the bill makes that clear. From state.ok.us (pdf):

A. Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state or a valid military identification card as provided for qualified persons in Section 1290.8 of this title is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state or valid military identification card as provided for qualified persons in Section 1290.8 of this title remains valid.

There are about 2 million active military and reserves in the United States, and about 460,000 national guard members. A significant number of them will be under the age of 21, but about 1.5 million will be 21 or older.

This increases the pool of people able to carry concealed weapons in Oklahoma by about 1.5 million, or about 10% more than already exist. The number of people in the United States with carry permits exceeds 15 million.

Another incremental step to extend the right to carry in Oklahoma would be to include veterans with an honorable discharge.

It could happen, but it seems more likely that Oklahoma will pass a "permitless" or Constitutional Carry reform first.

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

Gun Watch

Eighth Circuit: Open Carry not Reasonable Suspicion for a Police Stop

In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later. In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability.  At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.

Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.

The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts.  Duffie appealed to the Eight Circuit.

The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000.  From journalstar.com:

The 8th U.S. Circuit Court of Appeals in August reversed that decision and ruled Officers Nathan Kaiser, Tobias Hite and Shane Jensen violated his Fourth Amendment protection from unreasonable search and seizure.

The judges took issue with the reason for the stop, saying a report of a person with a handgun isn't enough to create a reasonable suspicion of a crime, and in Nebraska and Lincoln people can openly carry handguns.

From the comments at the journalstar article:

Pastor Duffie was ordered out of his van with his HANDS UP, held high. He could not use his arms/hands to help himself out. He tried his best to obey the police but fell out of the van because of the police orders. They had their guns out and pointed at him. What would you have done?? Refused their demands?? I know Pastor Duffie very well, he is one of my best friends and I attended his homechurch for several years until I moved to Kansas. We talk weekly. He is one of the most Christian men I know.

The Eighth Circuit decision is one of the latest in a trend that confirms that the mere carry of a firearm is not cause for a police stop. The decision also makes clear that mere presence of a weapon is not sufficient to allow a felony stop.  All of the states in the Eighth Circuit have provisions for legal open carry. The Duffie v. City of Lincoln decision applies to North Dakota, Minnesota, South Dakota, Nebraska, Iowa, Missouri, and Arkansas. Arkansas, Missouri, and North Dakota are Constitutional Carry states. From uscourts.gov (pdf):

Officer Kaiser relied on an incident report that did not contain information sufficient to create reasonable suspicion that Duffie had already, was, or was about to commit a crime. See United States v. Hensley, 469 U.S. 221, 227 (1985) (extending Terry to the investigation of completed crimes). Nebraska law permits individuals who are at least 18 years old to open carry handguns in public. See Neb. Rev. Stat. §§ 28-1202, 28-1204 (2009). The City of Lincoln does not restrict an individual's right to open carry except in certain locations. See Lincoln, Neb., Mun. Ordinances § 9.36.130. Moreover, the mere report of a person with a handgun is insufficient to create reasonable suspicion. See Florida v. J.L., 529 U.S. 266, 272 (2000)

These are the decisions whereby Constitutional rights are preserved.

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

Gun Watch

FL: More on 82-Year-Old Shooting Intruder

As they began to arrest Sanchez, his son jumped out of the passenger seat and fled the scene. As police searched the area, the teen allegedly stole some clothes from a home's washing machine in order to change his appearance. At some point, the teen allegedly entered the home of the elderly man.

That's when the 82-year-old was startled by a noise in his basement. When he went to investigate, police said, the teen confronted him and shoved him. That's when the 82-year-old shot the teen in the buttocks.

"Shots were fired within the home," Miami Police spokeswoman Kenia Fallat told CBS Miami. "We know, from the homeowner, that he was forced to fire after he confronted a man inside the basement of his house."

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NC: Intruder Shot, 80-Yr-Old Victim Disarmed and Shot

A home intruder shot an 80-year-old man Wednesday night, Statesville police said.

The intruder forced his way in through the back door of the man's Buffalo Shoals Road home at about 11 p.m.

The victim was able to grab a handgun and shot the assailant and they continued to wrestle with it. That was when the intruder got hold of the gun and shot the victim. The injured intruder fled with the victim’s money.

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FL: Police Dog Escapes, Mistaken for Coyote and Shot

Pedro the police dog met an untimely off-duty death when he was mistaken for a coyote, shot and killed.

Pedro lived with Broward sheriff’s Sgt. Ian Sklar in Parkland.

The dog got out of Sklar’s fenced-in yard while running after an animal, according to sheriff’s officials.
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MI: Judge rules for Open Carry Organization, Enforces State Law

In March of 2016, members of Michigan Gun Owners and Michigan Open Carry were illegally expelled from a booth they had rented at the DeVos Place Convention center. They were expelled because they were openly carrying holstered pistols.

The organizations filed a lawsuit against the DeVos Place Convention Center and its management company for violation of Michigan state law. On Friday, May 26, 2017, Judge Joseph Rossi of the Kent County Circuit found for Michigan Open Carry (MOC) and Michigan Gun Owners (MGO). It did not take long. The Judge listened to the arguments for about an hour, and reviewed the lawsuit. He issued a summary judgment for the plaintiffs. From mlive.com:

On Friday, attorney Dean Greenblatt, who represents Michigan Open Carry, said a no-concealed carry policy contradicts state law.

He argued that the properties are public and, while organizations leasing them could choose who they invite to a private event, they can't implement firearm regulations, and public entities cannot enforce them.

After hearing an hour of arguments and reviewing both sides of the lawsuit, Rossi sided with the open-carry advocates. The judge advised that the wording of the venues' weapons policy should be updated to properly align with Michigan's state gun laws.

The case is an example of the requirement to be willing to fight to enforce the law.  The law may be on your side, but if the local powers that be are willing to flout it, they can succeed in destroying your rights with little effort.

Second Amendment supporters have had the Constitution on their side since the beginning. Then supporters built the organizations and communications networks to elect responsive politicians, pass laws and strengthen state Constitutions. Now supporters are in the process of enforcing the laws that have been passed.

Suppressing open carry is primarily aimed at suppressing strong, symbolic, political, speech. People who see a person unapologeticly carrying a firearm learn an important visual lesson. The right to arms exists, is exercised, and is enforced. The state has limits to its power.

Those are powerful messages in Michigan, and over all of the country.


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

Gun Watch

OH: Armed Employee Shoots at Theives as after they Smash Van into Door

CLEVELAND, Ohio -- A 23-year-old employee of an Ohio City gas station fired several gunshots at two smash-and-grab suspects and thwarted the attempted ATM theft in the process, the employee's brother said.

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NM: Tatoo Artist Thinks he may Have Wounded Burglar

When Maestas walked in on the guy, he was in the middle of robbing him blind. According to Maestas, he jumped up on the countertop and made his way up to a heating vent. Maestas shot at him, but he got up and escaped across the rooftop.

"I just reached over and didn't even look, shot one round close as I could get to him," Maestas said.
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VA: Armed Robber Feigns Compliance, Kills Man Holding Him at Gunpoint

After coming back, a man wearing a bandana pointed a gun at them, Jonathan Cain said.

So Pete Cain took aim at the would-be robber and ordered him to put his gun on the ground. The man seemed to comply, slowly lowering it.

But then he jerked up and fired, hitting Pete Cain in the stomach, his younger brother said.

Jonathan Cain said he called 911 and put pressure on his brother’s wound, telling him it was only little. But, Cain said Friday, the bullet had ricocheted inside him, hitting vital organs.
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PA: No Charges for Husband who Accidentally Shot 78-Year-Old Wife

The shooting of a 78-year-old woman by her husband in Red Lion will not lead to criminal charges, the York County District Attorney's Office said.
Joan Reichard was shot in the chest early in the morning on Saturday and taken to York Hospital with what state police said at the time was a non life-threatening injury.

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OK: Governor Fallin Signs Defensive Display Bill into Law

Governor Mary Fallin signed Oklahoma's defensive display bill, SB 40, into law on 15 May, 2017.  The bill will go into effect on 1 November, 2017.

The vast majority of defensive gun uses consist of showing the perpetrator that the intended victim is armed. Unfortunately, many states have laws that do not recognize that reality. In many states, merely pointing a firearm at another person, even for self defense, can be a felony, usually aggravated assault. The problem is that prosecutors with an agenda have used the law to punish people for clear self defense situations.  Because of that, states have started to clarify the ability to threaten force without shooting. These laws protect the use of a a weapon in a defensive display.  Arizona, Florida, Iowa, and other states have enacted defensive display laws similar to the Oklahoma bill. 

The Oklahoma law is fairly clear. From oklegislature.com:

J. A person pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony shall not be deemed guilty of committing a criminal act.

K. As used in this section:

1. "Defensive force" includes, but shall not be limited to, pointing a weapon at a perpetrator in self-defense or in order to thwart, stop or deter a forcible felony or attempted forcible felony;

 The bill was popular in the Oklahoma legislature. It passed the Senate  36-5 on March 8.  It passed the House on 82-8 April 25. Governor Fallin signed it on  15 May, 2017.

Estimates of defensive gun uses vary form about 100,000 to 3 million each year(CDC pdf).

Yet only 1,500 to 3,000 people are justifiably killed each year. About five to ten times that many are shot and end up hospitalized. About five to ten  times as many as are shot, are shot at, but missed.  The number of times when no shots are fired are about 90 - 95 percent of all defensive cases.

 

It is generally considered a much better outcome if an attacker runs away, rather than is shot and/or killed.  Perhaps they will be disuaded from further attacks.  But this law makes it unlikely that innocent defenders will be destroyed by being processed though the criminal justice system.

 

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

Gun Watch

 

 

Cats 1,100 times as deadly to wildlife as lead poisoning?

 Image from spiegel.com

The number of animals that die from lead poisoning because of lead projectiles or lead sinkers on fishing tackle, is highly disputed. The high end estimates are about 10-20 million a year in the United States. Let us put that into perspective.

Cats kill birds and small animals. Lead poisoning kills some birds and animals. Animals are killed in collisions with vehicles on our roads.  All animals die. How significant are these numbers?  In Internet wanderings I came across some numbers that show that estimates of the deaths by these various means are pretty wild.

The articles claimed a median of 15 million birds and animals killed by lead poisoning, vs. a median of 16.95 billion killed by domestic and feral cats. That is 1,130 birds and animals killed by domestic and feral housecats for each bird or animals killed by lead poisoning.  In addition, it has been claimed that 365 million birds and animals are killed in collisions with vehicles on our roads. That would be about 24 times as many killed by lead poisoning.

From abcbirds.com:

(Washington, D.C., January 29, 2013) A new peer-reviewed study published today and authored by scientists from two of the world's leading science and wildlife organizations – the Smithsonian Conservation Biology Institute and the U.S. Fish and Wildlife Service (FWS) – has found that bird and mammal mortality caused by outdoor cats is much higher than has been widely reported, with annual bird mortality now estimated to be 1.3 to 4.0 billion and mammal mortality likely 6.3 to 22.3 billion individuals.

USATODAY source 

 From abcbirds.com:

An estimated 10 million to 20 million birds and other animals die each year from lead poisoning in the United States. This occurs when animals scavenge on carcasses shot and contaminated with lead bullet fragments, or pick up and eat spent lead-shot pellets or lost fishing weights, mistaking them for food or grit. Some animals die a painful death from lead poisoning while others suffer for years from its debilitating effects.

This article claims that 1 million animals are killed every day in vehicle/animal highway collisions in the United States.

That is 365 million animals killed on the road vs. 15 million killed by lead poisoning.

But consider that there are about 10-20 billion birds alive in the U.S. at any one moment.   There are probably about 1-5 times as many mammals as birds, so a rough estimate would be 40 billion mammals, about double that for reptiles, and about the same for amphibians as reptiles. Say 80 billion reptiles and 80 billion amphibians.

This gives us a very rough estimate of animals in the United States, not counting fish, insects, arthropods, or protozoans, of about 215 billion animals living at one time.  Very, very, few of those animals will live longer than five years. Most will only live about a year (small mammals, birds, reptiles and amphibians have very short life expectancies).

For the sake of argument, let us assume an absurdly long life expectancy of five years. That would mean about 43 billion animals die every year. Almost none of them die of old age in nature. Most are killed and eaten. A great many die in accidents.

Of the 43 billion that die every year, the top end estimate for lead poisoning is 20 million.  Using that number, .047 percent of animals that die in the U.S. each year die of lead poisoning, while 39% are killed by domesticated and feral cats, and .84 percent die in vehicle collisions.

I suspect the numbers are absurd.  They only serve to make the point that the numbers of animals that die of lead poisoning are a virtually irrelevant percentage of the number of animals that die every year, whether man has anything to do with it or not. 

I do not believe that cats kill almost four of ten birds and animals that die in the U.S. every year.  I doubt if the actual figure is even a tenth of that.

The reality is that life and death are intertwined. You cannot have birds without killing other birds, fish, insects, or ungerminated innocent seeds.

The best we can hope to do is to be good stewards of the land, increasing fertility and attempting to keep animal populations from getting completely out of control.

In the United States, because of irrigation and fertilizers, there is much more productive land than ever before. Biomass has greatly increased. Some animals did not fare well, others benefited enormously. The whitetail deer and coyote populations have soared. Bison and wolf populations plummeted.  Rock Doves (domestic pigeons) are numerous. The passenger pigeon became extinct.

The small percentages that die because of the intervention of man are more than made up for by the large increase in animal population that occurs because of the incredible increase in the fertility of the land. Man's intervention has made the United States far more fertile than it would be without man.

And that is a good thing.


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

Gun Watch

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 three 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.

Gun Watch

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.

Gun Watch

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.
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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.

Gun Watch

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.
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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.

Gun Watch

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.

Link to Gun Watch

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.

Link to Gun Watch

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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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.
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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.
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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.
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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.

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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.

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