Sunday, December 16, 2018

Opening Paragraph of Texas District Judge Opinion on Obamacare, Link




 The case is Texas, et al., v. United States of America, et al., Defendants, California, et al. Intervenors-Defendants.  Case 4:18-cv-00167-O

Here is the actual decision where Judge O'Conner, of the Northern District Court of Texas, has ruled that Obamacare is unconstitutional because the Supreme Court ruled it was only Constitutional because the individual mandate was a tax.

That tax was removed by Congress during the first year of the Trump administration.


From courtlistener.com:
The United States healthcare system touches millions of lives in a daily and deeply personal way. Health-insurance policy is therefore a politically charged affair—inflaming emotions and testing civility. But Article III courts, the Supreme Court has confirmed, are not tasked with, nor are they suited to, policymaking.1 Instead, courts resolve discrete cases and controversies. And sometimes, a court must determine whether the Constitution grants Congress the power it asserts and what results if it does not. If a party shows that a policymaker exceeded the authority granted it by the Constitution, the fruit of that unauthorized action cannot stand.
 The decision is 55 pages long. I have not converted it into text, because it is in some kind of pdf format, which makes it difficult to convert.

Some on freerepublic have offered methods that worked for them. Unfortunately, I have lost those helpful posts.

Any suggestions and methods would be appreciated.

Here is the link to the decision.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Saturday, December 15, 2018

LA: Domestic Defense, Wife Shoots Hisband


A woman fatally shot her husband as he beat her and tried to strangle her in a Metairie home Friday, the Jefferson Parish Sheriff's Office said Saturday. Investigators did not book her with a crime after questioning her.

Jefferson Parish Coroner Gerry Cvitanovich identified the slain man as Ian Mastin, 27.

More Here

MA: Did Violation of Massachusetts Gun Storage Law Save Man from Pit Bull Attack?



On the 2nd of December, 2018, a 25-year-old man was at home with his girlfriend and a pit bull dog they were fostering. All of them were lying on a bed at about 6 p.m. The dog attacked the man. The man attempted to move the pit bull off of the bed. Instead, the dog bit the man on the left arm, and would not let go. From bostonglobe.com:
In a desperate attempt to end the attack, the man reached for a 9mm handgun he had in his nightstand and shot the dog, police said.

“The single shot stopped the attack and the dog died shortly afterwards,” police said in the statement. “The man is fully licensed to have firearms in Massachusetts.”

The man was rushed to Cape Cod Hospital to be treated for his injuries, police said.

Police took the man’s handgun, a 12-gauge shotgun, and ammunition found in the home “for safekeeping.” The dead pit bull was taken away by Yarmouth animal control officers, police said.
It is unknown if the legal gun owner will be charged in the case.
 
Massachusetts is the only state in the nation that still requires all firearms in a home to be locked up when not in use. On March 10, 2010, the Massachusetts Supreme Court ruled the "safe storage" law did not violate the Second Amendment of the U.S. Constitution.  From masslive.com:

BOSTON – The highest court in Massachusetts on Wednesday upheld the constitutionality of a state law that requires gun owners to lock weapons in their homes, a case closely watched by both gun-control and gun-rights proponents. 
Massachusetts prosecutors argued that the law saves lives because it requires guns to be kept in a locked container or equipped with a trigger lock when not under the owner’s control. The Gun Owners’ Action League and the Second Amendment Foundation Inc., however, pointed to a 2008 U.S. Supreme Court ruling that said people have a constitutional right to keep weapons for self-defense. 
The state Supreme Judicial Court, ruling in the case of a man charged with improperly storing a hunting rifle in his Billerica home, unanimously agreed that the Second Amendment does not overrule the state’s right to require owners to store guns safely.
The Massachusetts Supreme Court ruling was based on two premises.

First, that the Second Amendment only applied to the federal government, not to the states. At the time, the McDonald case had been heard, but the U.S. Supreme Court did not deliver its opinion until July of 2010, two months later.

Second, the law in Massachusetts allows a person to have a firearm unlocked and loaded in the home when it is carried by them or "under their control".  From the Massachusetts Supreme Court ruling:
Under this provision, an individual with a valid firearms identification card issued under G. L. c. 140, § 129C, is not obliged to secure or render inoperable a firearm while the individual carries it or while it remains otherwise under the individual's control. A gun owner may therefore carry or keep a loaded firearm under his or her control in his or her home without securing it with a trigger lock or comparable safety device. The gun owner's obligation to secure the firearm in accordance with the statute arises only when the firearm is stored or otherwise outside the owner's immediate control.[6]
Exactly what is meant by "the owner's immediate control"? Does the law mean a person may not leave  an unlocked shotgun in their bedroom, while they are in another room of the house? It seems to mean a person who is not licensed, even if they are the gun owners spouse, parent, or child, is not allowed to have access to any of their firearms when they are not present.

The 9mm by the bed was arguably "under the control" of the licensed firearm owner. But what about the shotgun? Perhaps the shotgun was locked up. We do not know.

The U.S. Supreme Court has not heard a gun storage case since Heller, in 2008. No other state has a gun storage law as restrictive as Massachusetts. But San Francisco and other California cities have stricter gun storage laws dating from 2007 and later.

The Ninth Circuit upheld the San Francisco law.  In the Ninth Circuit ruling a judge said that modern safes and gun locks can be opened so quickly as to not interfere with the right to self defense in the home. From sfgate.com:
Because trigger locks and modern gun safes can be opened quickly, a stored or locked handgun “may be readily accessed in case of an emergency,” Judge Sandra Ikuta said in the appeals court’s ruling.
The Ninth Circuit judge said the law serves a government function of reducing gun related injuries and deaths resulting from an unlocked handgun in the home.

The academic literature is mixed on the subject. Research by John Lott and John Whitley concluded the law had a net negative effect. From crime research.org:
It is frequently assumed that safe-storage gun laws reduce accidental gun deaths and total suicides, while the possible impact on crime rates is ignored. We find no support that safe-storage laws reduce either juvenile accidental gun deaths or suicides. Instead, these storage requirements appear to impair people’s ability to use guns defensively. Because accidental shooters also tend to be the ones most likely to violate the new law, safe-storage laws increase violent and property crimes against law-abiding citizens with no observable offsetting benefit in terms of reduced accidents or suicides.
Self defense in the home with handguns was ruled to be part of the core of Second Amendment rights, by the Supreme Court in Heller.  Infringement of that right should have been examined under strict scrutiny. Interest balancing was expressly forbidden in this context, by the Heller decision. From Heller:
“We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding "interest-balancing’ approach. The very enumeration of the right takes out of the hands of government – even the Third Branch of Government – the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.
The Supreme Court did not accept the Ninth Circuit case about the San Francisco storage requirement.

It is unknown if the pit-bull victim will be charged with a crime or if he will have difficulty in retrieving his firearms from the police.

A Supreme Court with Justices Kavanaugh and Gorsuch may be more willing to accept Second Amendment cases.

We should find out in the next few months.  The Court normally recesses in June. The decision to accept, or not accept, a Second Amendment case this term will be made long before then.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch









IN: McDonald's Drive-thru Armed Robber Shot by Armed Victim



Police say the victim was in the drive-thru lane about to purchase dinner for his family when the suspect approached his vehicle while allegedly pointing a gun at the victim.

The suspect demanded the victim's wallet and vehicle. The victim then drew his weapon in self-defense and shot the suspect.
More Here

GA: Restaurant Worker Shoots Man Fighting with his Relative, is Arrested



Police say two employees went outside and confronted the customer and they all started fighting.

Investigators said that was when restaurant employee Xin Xing Chen went back into the restaurant, grabbed a gun and shot the customer.

Police have charged Chen with aggravated assault. Investigators said Chen also shot a co-worker by mistake as well.
More Here

New Study Shows no Relationship Between CCW, Homicide or Violent Crime



A new study of violent crime and concealed carry law found no correlation between them. The study compared homicide and violent crime at the state level with changes in concealed carry law over a 30 year period, from 1986 to 2015. During this period there where large changes in the laws regulating the carry of concealed weapons. From the study:
Results

During the study period, all states moved to adopt some form of concealed-carry legislation, with a trend toward less restrictive legislation. After adjusting for state and year, there was no significant association between shifts from restrictive to nonrestrictive carry legislation on violent crime and public health indicators. Adjusting further for poverty and unemployment did not significantly influence the results.

Conclusions

This study demonstrated no statistically significant association between the liberalization of state level firearm carry legislation over the last 30 years and the rates of homicides or other violent crime. Policy efforts aimed at injury prevention and the reduction of firearm-related violence should likely investigate other targets for potential intervention.
The study was published in the Journal of the American College of Surgeons.

This study confirms what a number of other studies have found: Having more people without criminal records, carrying concealed firearms, does not increase violent crime.

The study examined the levels of homicide and violent crime when states moved from "no carry" to "may carry" to "shall issue" to "unrestricted carry".

It is a significant finding to be published in a medical journal, as most papers I have read about the subject, in health related journals, make obvious errors in data selection and in the scope of the study.

This study avoids the errors of scope by looking at the data over all the states for a 30 year period.   It avoids selection bias by considering all homicides and violent crime, not just those involving guns.

The study is much coarser than the studies done by Dr. John Lott. Lott looks at data down to the county level, not just the states. Lott examines concealed carry by looking at the number of actual permits issued, not just when the law changed. That level of examination is  likely to find subtle differences.

Only a small number of studies claim that homicides or violent crime go up as more people carry concealed weapons legally. They suffer from limited scope and/or data selection bias.

Dr. Lott has debunked studies that claim more guns equal more crimes.

This study differs from studies done by Dr. Lott. It attempts to examine the effect of  "unrestricted carry" also known as Constitutional Carry.  Dr. Lott's methods have difficulty with measuring the effect of Constitutional Carry. There are no permit numbers to track with Constitutional Carry.

This paper will be used to counter the claims of studies of limited scope, which suffer from data selection bias.

Limiting data to only "gun deaths" or "gun violence" is clear data selection bias. If prevents any consideration of a weapons substitution effect, or of deterrence from self defense cases.

Limiting the scope of research to only one state, or only a few years allows researchers to pick state or years that agree with their favored thesis.

Public health journals have generally been willing to publish poorly done research if it validates preconceptions that "guns are bad".

Perhaps public health researchers will read this paper, and see the effect of biased data selection and limited scope in the other studies.  

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 









AL: Carjack Victim Uses Phone to Track stolen Car, Shoots at Suspect



It all began Thursday morning when a woman contacted Birmingham police to report her car had been stolen while she was inside a convenience store on Fourth Avenue in Birmingham, said Hoover police Lt. Keith Czeskleba. The victim’s phone was inside the vehicle and she was able to track its movements via a phone tracking app.

The woman contacted a family member who brought her another vehicle which enabled her to locate her car as it was entering Hoover. While calling 911, the victim pulled up beside her stolen vehicle while it was stopped in traffic in the 1500 block of Montgomery Highway. She confronted the suspect and fired two shots into the vehicle as he was pulling away.
More Here

SC: Sheriff Praises Woman in Self Defense Shooting of Escaped Felon



Hailed as a "shining example" by a South Carolina sheriff, a woman who shot and killed an escaped jail inmate who broke into her home is giving firearm advocates fodder in their quest to boost the number of good gals with guns in the United States.

"There is a great disparity of force between a woman and a male. The proper use of a firearm really does kind of equalize that disparity," Carrie Lightfoot, founder of The Well Armed Woman, a nationwide female gun-training organization, told ABC News on Thursday.

"I really see her as an inspiration that women can effectively protect themselves with an equalizer," Lightfoot said of the armed South Carolina women who took on the jail escapee. "It is the only tool that can literally equalize that disparity."
More Here

FL: Armed Man Holds Car Burglar for Police



Police say they responded to a call about a man with a firearm with a suspect on the ground in the first level of the parking garage at the Tuscany. The man told police he walked into the garage to find Kibler exiting the driver's side of his white Ford van.


The man took out his gun from the backpack he carried and ordered Kibler to get out of his car, according to the report. The man also discovered that he was missing his black Apple iPod, which officers later found in Kibler's jean shorts.
More Here

CA: Armed Robber Drops Gun, Victim Grabs it , Shoots Him



Then, things turned bad for the suspects, according to Botti. One of the armed man, identified as Dion Loftis, 22, of Hanford, slipped and dropped his gun. A nearby worker grabbed the weapon, and shot the suspect in the leg once and twice in his backside. Other workers jumped on the bleeding suspect while the other two robbers jumped back in the SUV and began to speed away. The worker who shot the suspect then unloaded the rest of the ammo at the fleeing suspects.
More Here

OH: Homeowner Shot, Killed Intruder



BLUE CREEK, OHIO (WCHS/WVAH) — The Scioto County Sheriff's Office is investigating after a homeowner shot and killed an intruder in Blue Creek, Ohio.
More Here

Friday, December 14, 2018

More Syracuse NY Clerk Shooting: Clerk Shot another Robbery Suspect Six Weeks Earlier



SYRACUSE, N.Y. -- A tobacco shop owner who shot and badly injured a would-be robber Friday night at his North Side store also shot at and possibly injured a would-be robber six weeks ago at the same shop at the same time of night.

The owner of Alibaba Market on Wolf Street confirmed that he'd been involved in two shootings in as many months during a brief interview at his store on Saturday afternoon.

He declined Saturday to comment more about the shootings, saying he was shaken up from having nearly killed a man who brandished a gun at him in a robbery fewer than 24 hours earlier.

More Here

TN: Armed Men Chase Truck Theif, Hold for Police

MEMPHIS, Tenn. — Two men chased a suspected truck thief and held him at gunpoint until police arrived, Memphis police said.

More Here

Thursday, December 13, 2018

More on OK: Armed Resident Shot Intruder who Shot Dog



TULSA, Oklahoma - Tulsa Police say they're questioning multiple people involved in a home invasion and shooting at Bristol Park Apartments. Officers said a resident shot someone who broke into his home near 41st and Garnett.

One of the home invasion victims said she and her boyfriend are thankful they were able to defend themselves, but they're still shaken up after what happened. Police said the couple was asleep when the intruders broke in.
More Here

CO: Legislator Considers New Law after Officer Shoots Armed Defender



DENVER — A Colorado lawmaker is crafting state legislation governing when police officers can return to work after a fatal shooting following the highly publicized death of a homeowner killed by police during a break-in at his house.

The case has raised criticism about how police handled the chaotic encounter with Richard “Gary” Black. The 73-year-old was holding the gun he used to fatally shoot an intruder who attacked an 11-year-old boy in the middle of the night when a police officer shot him.
More Here

IN: Two Home Invasion Suspects Shot, Wounded



NORFOLK, Va. — Norfolk Police say two men were shot after attempting to force their way inside a home early Thursday morning.

Officers responded to the 1300 block of Marshall Avenue around 2:30 a.m., arriving to find a man suffering from a life-threatening gunshot wound. Medics took the victim to Sentara Norfolk General Hospital.
More Here

IN: Retired, Armed Former Officer Convinces Suspect to Leave



That's when the retired 30-year police veteran immediately reverted to his training and grabbed his gun and locked down on the back door. He and his wife were in the room about 10 feet from the door. He told her to go upstairs as he yelled at the attempted intruders to leave or else.

"If they would've tried to come in, somebody would've been hurt and it wouldn't have been us because my wife and them were safe and I took action like I normally would. It's kind of amazing how that took back over," Pierce said.
More Here

TX: Clerk Shoots, Wounds, Armed Robbery Suspect



A Fort Worth convenience store clerk fended off an armed robber with a gun of his own Wednesday morning, police said.

Officers responded to a robbery call from the Cowboy Store near East Loop 820 and Brentwood Stair Road just before 4:15 a.m., according to police spokesman Jimmy Pollozani.

The store clerk shot the robber in the leg, Pollozani said.
More Here

Wednesday, December 12, 2018

Third Circuit: Second Amendment is a Second Rate Right



In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights.  The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.  Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade.  The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it.  These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right. 

Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump.  At only 49 years old, he is already the 15th most cited jurist by the Supreme Court. His resume is impressive. It is easy to see why President Trump chose to appoint him. His dissent runs to 19 pages. The first four paragraphs eviscerates the majority decision. From uscourts.gov:
     The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights, as the Supreme Court insisted in Heller. We may not water it down and balance it away based on our own sense of wise policy. 554 U.S. at 634-35.
     Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment’s core is the right to keep weapons for defending oneself and one’s family in one’s home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here. 

     Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller. It suggests that this record favors the government, but make no mistake—that is not what the District Court found. The majority repeatedly relies on evidence that the District Court did not rely on and expert testimony that the District Court said was “of little help.” 2018 WL 4688345, at *8. It effectively flips the burden of proof onto the challengers, treating both contested evidence and the lack of evidence as conclusively favoring the government. 

     Whether strict or intermediate scrutiny applies, we should require real evidence that the law furthers the government’s aim and is tailored to that aim. But at key points, the majority substitutes anecdotes and armchair reasoning for the concrete proof that we demand for heightened scrutiny anywhere else. New Jersey has introduced no expert study of how similar magazine restrictions have worked elsewhere. Nor did the District Court identify any other evidence, as opposed to armchair reasoning, that illuminated how this law will reduce the harm from mass shootings. Id. at *12-13. So New Jersey cannot win unless the burden of proof lies with the challengers. It does not.
If the Supreme Court grants a writ of certiorari (the legal term for agreeing to hear a case before the Supreme Court), Judge Bibas' reasoning is rock solid.

For those who do not follow these cases closely, here is a short explanation of the different levels of scrutiny.

Strict Scrutiny - The highest level of protection, reserved for fundamental Constitutional rights.  To pass this level of legal examination, a law, regulation, or other restriction of a Constitutional right must be required by a compelling state interest, and the restriction must be narrowly tailored to achieve that result. The burden of proof is on the government.

For example: There is a general prohibition on shouting "Fire" in a crowded theater, when there is no fire. This is a restriction on the First Amendment right of freedom of speech. The prohibition serves a compelling state interest of public safety. The restriction is narrowly tailored to ban shouting false information that causes severe, direct, physical, harm to others.

A corollary for the Second Amendment would be a general prohibition on firing a gun in a crowded theater when there is no reasonable, deadly threat.

Intermediate Scrutiny- The middle level of protection of less than fundamental rights. The law or regulation must serve an important government objective, and be substantially related to achieving that objective. The burden of proof rests with the government. This level is fairly new, only existing since 1976.

Rational Basis - The lowest level of protection. Generally not applied to rights. It essentially is no protection at all. The party challenging the law or rule has the burden of proof. They have to show the government has *no* legitimate interest in the law, rule, or policy. They have to show there is *no* conceivable rational basis for the law, even if the government never stated one. Laws, rules, or policies are almost never struck down on this basis.

Judge Bibas shows the two majority judges collapsed the level of scrutiny from strict scrutiny to rational basis, while calling it "intermediate scrutiny".

Second Amendment supporters know the Third Circuit ignored the rule of law and applied their own, cherished, leftist, Progressive, biases to gut Second Amendment protections in this case.

Judge Bibas, in his masterful dissent, shows how they did it.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





IN: Husband Wounded, Robbers Ran from Armed Wife



At around 9 p.m., authorities were dispatched to the 3700 block of Graceland on the report of an attempted robbery.

Police say a man was coming back from running errands when two masked men shot and pistol whipped him. His wife reportedly fired a shot to scare the men off.
More Here

MI: Lesbian Lovers Domestic Defense, Three shot


Federspiel said one of the victims was previously involved with the suspect, but has moved on to a new relationship. The suspect was not ready to move on, Federspiel said.

The two victims are both women in their mid-to-late-40s and lived together in the home. They both knew the suspect.

"This is a pretty traumatic situation to be shot in your own home," Federspiel said.

(snip)

The suspect, 56-year-old Sherry Mandel, surrendered peacefully to the police after a short standoff.

"She did come out on her own free will. She was injured as well, but she was taken into custody without incident thankfully," Federspiel said.
More Here

Followup FL: Machete Man Shot outside Coral Springs Pool Hall IDed

People behave differently when they are drinking. A good friend of mine was stabbed in the chest. His lung was punctured. I asked him, what happened. He said the homeless man he was befriending was a very nice guy... when he was sober. That "nice guy" stabbed him when the nice guy was drinking. It seems the machete man was a "nice guy" most of the time.

It’s unclear if Rajendranauth Latchman was the aggressor or victim, or perhaps both, when he was gunned down in a Coral Springs pool hall parking lot early Sunday.

Police say he charged at people with a machete after he was asked to leave Premier Billiards & Sports Club at the corner of Wiles Road and University Drive.

But the 49-year-old machinist’s family said “that doesn’t sound like him at all.”

Latchman had gone to the billiard hall where he’s a regular with his brother, Larry Lachtman.
More Here

Followup FL: State Attorney's Office: No Charges for Robert Westlake in Fatal Shooting of Jason Boek




On Tuesday, the State Attorney's Office ruled Robert Westlake was justified in shooting Jason Boek.

Investigators said 34 year-old Jason Boek was outside the New Grove Lounge on Highway 27 in Dundee Aug. 29 stalking his girlfriend who was inside the bar.
More Here

Followup NM: Fatal Shootings of Thomas Elder and Clayton Jenkins were Justified



ALBUQUERQUE, N.M. (KRQE) - The Albuquerque Police Department says two cases where homeowners shot and killed intruders have been ruled justified shootings.

In the first case, police say 30-year-old Thomas Elder and an accomplice broke into a home near I-25 and Avenida Cesar Chavez in September.

More Here

Followup FL: Domestic Defense Justified in Father Killing Son



A father who shot and killed his drug-addicted son after being attacked with a wooden board has been cleared of wrongdoing, the First Judicial Circuit State Attorney’s Office announced Monday.

Santa Rosa County deputies responded to a residence at 5545 Sweet Memory Lane in Milton at around 7 a.m. Aug. 25 in reference to a shooting, a news release said. Bruce Pernicka admitted he had shot his son, Jeffery Pernicka, after Jeffery attacked him with a 2-by-4 board.

When deputies arrived Pernicka was found standing outside holding a white cloth to his head, the release said. He had blood on his hands, arms, torso and legs.

More Here

Followup NY: No Charges for Employee who Shot Robbery Suspect at Alibaba Market



SYRACUSE, N.Y. -- The employee at a North Side market is facing no charges for shooting an alleged robber who entered the market Friday evening, according to police.

A man armed with a handgun entered the Alibaba Market at 419 Wolf St., around 7:45 p.m. and tried to rob the store, said police spokesman Sgt. Richard Helterline.

The employee shot the suspect, who fled on foot, police said.

More Here

ME: Intruder Held at Gunpoint for for Police



According to the Caribou Police Department, 27-year old Dakota Michaud, of Caribou, entered a garage that was attached to a home on the Lombard Road in Caribou at about 3:24 a.m. on Tuesday morning.

According to the homeowner, Michaud was trying to break into his house through an attached garage, so he grabbed his gun and held him at gunpoint until police arrived.

What cops need to consider about armed citizens by Mike Wood


Armed citizens and police officers are natural allies, and teammates in the fight against crime. There is no segment of the community more supportive of law enforcement than their fellow citizens who are lawfully armed.

So why are they accidentally killed by police with such distressing frequency?

2018 has been a tough year

This has been a tough year for police and armed citizens alike. In 2018, we’ve seen a number of tragic mistakes made by police officers who shot and killed lawfully armed citizens in error, including a homeowner in Aurora, Colorado, a security guard in Chicago, Illinois, and a Thanksgiving eve shopping mall patron in Hoover, Alabama, among others.

In each of these situations, the officers believed they were using force to stop someone who had endangered innocent life, but they were sadly mistaken. The officers were thrust into a dynamic and dangerous situation where they had to act quickly based on imperfect and incomplete information, and each of them made a fatal error that cost a life.

We still don’t understand the details of how these particular events unfolded, so it’s inappropriate to comment directly on the circumstances or assign blame. There were probably mistakes made by all parties – both armed citizens and police – which led to the unhappy endings of these stories, and this is not the place to hash that out.

Tactical considerations

Instead, I’d like to suggest some things for police to consider in order to avoid a tragic repeat of these events:

More Here at Policeone.com


Tuesday, December 11, 2018

Surviving a Catastrophic Power Outage NAIC Executive Summary





Executive Summary

The nation has steadily improved its ability to respond to major disasters and the power outages that often result. But increasing threats—whether severe natural disasters, cyber-physical attacks, electromagnetic events, or some combination—present new challenges for protecting the national power grid and recovering quickly from a catastrophic power outage.

The President’s National Infrastructure Advisory Council (NIAC) was tasked to examine the nation’s ability to respond to and recover from a catastrophic power outage of a magnitude beyond modern experience, exceeding prior events in severity, scale, duration, and consequence. Simply put, how can the nation best prepare for and recover from a catastrophic power outage, regardless of the cause?

After interviews with dozens of senior leaders and experts and an extensive review of studies and statutes, we found that existing national plans, response resources, and coordination strategies would be outmatched by a catastrophic power outage. This profound risk requires a new national focus. Significant public and private action is needed to prepare for and recover from a catastrophic outage that could leave the large parts of the nation without power for weeks or months, and cause service failures in other sectors—including water and wastewater, communications, transportation, healthcare, and financial services—that are critical to public health and safety and our national and economic security.

What is a catastrophic power outage?

  • Events beyond modern experience that exhaust or exceed mutual aid capabilities 
  • Likely to be no notice or limited-notice events that could be complicated by a cyber-physical attack
  • Long duration, lasting several weeks to months due to physical infrastructure damage
  • Affects a broad geographic area, covering multiple states or regions and affecting tens of millions of people
  • Causes severe cascading impacts that force critical sectors—drinking water and wastewater systems, communications, transportation, healthcare, and financialservices—to operate in a degraded state

Recommendations



The United States should respond to this problem in two overarching ways: 1) design a national approach to prepare for, respond to, and recover from catastrophic power outages that provides the federal guidance, resources, and incentives needed to take action across all levels of government and industry and down to communities and individuals; and 2) improve our understanding of how cascading failures across critical infrastructure will affect restoration and survival.

There are a number of ongoing initiatives in both the public and private sector that are in line with our recommendations. We urge the continued advancement of these initiatives in conjunction with our recommendations.

The NIAC was challenged to examine events that are beyond our nation’s experience, yet would impact nearly every jurisdiction, industry, and citizen. The solutions we identified will require strong public-private collaboration—as the NIAC has recommended previously—to address the scale and significance of catastrophic power outages.

Link to NIAC paper ( 94 pages) on Surviving a Catastrophic Power Outage


Link to National Infrastructure Advisory Council at dhs.gov



South Africa: Carjackers with Knife, Driver Shoots, Kills 1, Wounds 1


“It is alleged that one [of the men] switched off the engine and the other put a knife against the neck of the driver, before demanding money and his cellphone,” he said.

“The driver pulled out a firearm and fired two shots at the suspects. One died a few metres away from the scene. One was also wounded, but ran away. Police are still looking for him,” said Zwane.

14 Killed in Shootout in Brazil

Brazil has extremely strict gun control laws. Jair Bolsonaro, the President elect, has vowed to reform them to allow law abiding citizens to defend themselves. Brazil has one of the highest murder rates in the world. Over half of all murders in the world occur in Brazil.

At least 14 people, including two children, were killed on Friday when a shootout broke out between police and bank robbers attempting to blow up ATMs, according to authorities in north-eastern Brazil.

Six hostages, among them two children, died in the shooting, local media reported, when police opened fire on the robbers at bank branches on the main street in Milagres in the interior of Ceará state.

“Six of the bandits died. We are working to identify the victims,” Kelia Jacome, the spokeswoman for the governor, said by telephone.

She said the attempted night-time robbery was interrupted by a police unit that had been tracking a gang responsible for similar bank robberies in the area, in which explosives were used to blow apart automatic teller machines.

More Here

OK: Home Invasion Suspects Arrested: Dog Killed, Accomplice Shot, Wounded


Case Vermaire, 23, and Trevor George, 20, were booked into the Tulsa County jail on complaints of robbery with a firearm and first-degree burglary, with bond set at $70,000.

Police were initially dispatched around 4 a.m. to the Bristol Park Apartments, near East 41st Street and Garnett Road, after residents reported hearing gunfire. Around the same time, an apartment resident reported that he had shot an intruder.

(snip)

The apartment resident woke up to gunfire, grabbed his pistol and began firing at an intruder, Tuell said. After the intruders fled, the apartment residents found their small dog had been shot to death.

Monday, December 10, 2018

Foreign-Born Population of the United States, Percent by State, as of 2010



The foreign born population of the United States is at near record levels of over 14 percent, as of 2018. The last time this happened, the U.S. shut down immigration for 40 years and assimilated the immigrants.

It is less clear that will happen this time.

The big wave of immigration ending about 1920, was part of how Progressivism took over as the dominant ideology in the United States.

The current wave of immigration, began in 1965, is part of how Progressivism is pushing out the remnants of Constitutional ideology today.

President Donald Trump is part of a desperate attempt to stop the slide to unlimited government in the United States. It will not be successful unless the United States severely limits immigration and starts teaching Constitutionalism and limited government in its schools.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


MI: Fight turns to Shooting as Permit Holder Defends Self



Just after 1 a.m. at an eatery on the 22000 block of Fenkell, a 27-year-old man was approached by a 24-year-old man, said Dontae Freeman, a spokesman for the Detroit Police Department. The area is just west of Lahser. A conversation between the two became a physical fight and a third man also became involved in the fight.

At that point the 27-year-old, a concealed pistol license holder, pulled out a handgun and shot the 24-year-old man in his hip before calling 911. After being transported to the hospital, the 24-year-old was listed in temporary serious condition.
More Here

MA: Man Shoots own Pit Bull to Stop Attack, Guns Taken by Police

The man and his firearms were licensed in Massachusetts.

The man was rushed to Cape Cod Hospital to be treated for his injuries, police said.

Police took the man’s handgun, a 12-gauge shotgun, and ammunition found in the home “for safekeeping.” The dead pit bull was taken away by Yarmouth animal control officers, police said.


More Here

More MI: No Arrests for Woman who Killed Robber turned Home Invader


But it didn't end there. The male turned this into a home invasion when he followed them inside.

Police say there were three generations of women inside the house when that happened, one in her 70s, one in her 50s and the youngest in her 20s.

The one in her 50s grabbed a gun and shot twice, killing the intruder on the spot.
More Here

Saturday, December 08, 2018

November NICS Keeps on Track for Second Highest Year




The 2018 November of National Instant background Check System (NICS) numbers have been reported by the FBI. The NICS checks for November of 2018 were 2,393,043. That makes 2018 the second highest November on record. The record was set in 2016, with 2,561,281.

The number of NICS done this year is already the third highest since NICS checks were started in 1998. The total at the end of November, 2018, is  23,638,551. Only 2016 and 2017 had higher totals for the whole year.

December is usually the highest month for NICS checks. There are only three years where this was not true. Those were 2008, 2013, and 2014.

NICS checks are highly correlated with worries about further infringements on the Second Amendment by the federal government. In 2008, it was worry about the election of Barrack Obama. In 2013, it was concern over his re-election. In 2014, it was concern over the statements President Obama made in his push for more infringements.

I expect over 2.5 million NICS checks in December of 2018.  The Media are starting to push for more infringements on the Second Amendment from their colleagues in the House of Representatives.  That will increase the worry level for some people who are considering purchasing a firearm. The worry of infringements combined with the holiday will push them to make the purchase.

2.5 million plus NICS checks in December will raise the total NICS for the year to over 26 million, just in between the totals for 2016 and 2017, making the 2018 NICS year the second highest on record.

The number of NICS checks is not as highly correlated with firearm sales as it used to be. A large number of NICS checks are done for carry permits and permit rechecks.

In November of 2018, about 1,050,000 of the NICS checks were done for permits and permit rechecks. The vast majority of the permit and permit rechecks were in two states. Illinois and Kentucky accounted for over 650,000 of the permit and permit rechecks.

We will not know the actual number of firearms added to the private stock in the United States until a year and a half from now. The BATF tracks the licensed manufacture of firearms, and the legal import and export of them.  They do not include firearms manufactured for the military.  Because of concerns for intellectual property rights in the data, numbers of firearms manufactured are not reported to the public for a year.

It is likely tens to hundreds of thousands of firearms are legally and illegally made without a license in the United States each year. Those numbers are not counted, not known, and not included in the official BATFE numbers. The numbers of guns illegally imported or exported are similarly unknown.

The assumption that the unknown numbers of guns manufactured is approximately the same as guns lost due to destruction or wear, allows an estimation of the total number of guns in private hands in the United States.

At the end of 2018, the number of private guns will be about 430 million.

About .15 percent of firearms are used in violent crime each year. That is not 15% , not 1.5%, but .15%.  This about one out of every 600 firearms.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 








OK: Woman Shoots Man, She says Attempted Rape



Officers say a woman shot a man several after he tried to rape her. Both have been transported a Tulsa area hospital, their conditions are not known at this time.

More Here

Followup CA: Angela Webb Found Justified in Domestic Defense



Webb testified her husband had thrown her down basement stairs. After a struggle ensued over a 9mm gun, the defendant said she shot her husband in the elbow to slow him down. When he chased after her, Webb testified, she shot him in the stomach before fleeing to a neighbor's home and asking them to call 911.

During his testimony earlier this week, the husband gave a different account, saying his wife pointed a gun at him while he was making coffee. He testified his wife told him she was going to shoot and kill him. Prosecutors argued during the trial the husband never posed a serious physical threat to Angela Webb prior to being shot.
More Here

Followup CA: Lakewood Deli Owner, Shooting was Domestic Defense



A planning commissioner and deli owner in Lakewood will not face criminal charges for shooting and wounding his stepson earlier this year because prosecutors determined he could claim self-defense.

Robert Quarto was “almost beaten to unconsciousness” by his stepson the night he shot him twice in the legs during a confrontation Sept. 19, according to a court document filed Nov. 15.
More Here

IN: Drunk Man Crashes Car, Attempts Break-in, is Held at Gunpoint



According to state police, Andrew C. Skirvin, 26, Losantville, was highly intoxicated early Saturday when he crashed his Honda vehicle along Henry County Road 875-N, near County Road 250E.

Authorities said Skirvin then walked to a home in the 2800 block of East County Road 875-N and tried to kick in its back door.

He was then taken into custody by the property owner, who held him at gunpoint in the back yard until an Indiana State Police trooper arrived at the scene.
More Here

AZ: Intoxicated Man acts like Burglar, is Shot by Resident



When officers arrived on scene, they found that the resident of the home shot the burglar.

Upon further investigation, it was determined that the 'burglar' was actually an 'extremely' intoxicated man who thought he was entering his own apartment, Tyler said. 

More Here

Friday, December 07, 2018

FL: Armed man Shoots, Kills Man attacking with Machete



A spokesperson for the Coral Springs Police Department said a man was asked to leave the Premier Billiards and Sports Club in the 9100 block of Wiles Road around 2 a.m. The victim returned a few minutes later wielding a machete and someone outside the bar shot him, police said.
More Here

TN: Two Home Invaders Shot, Killed


The resident living in the home, called 911. The two alleged robbers were both shot after they entered the home. One of them died at the scene and the other was in critical condition.
More Here

GA: Pastor uses Gun to Drive off Attacker



Suddenly, a man Cook described as around 6 feet tall, and between 250 to 300 pounds, barreled toward Cook, grabbed him by his jacket lapels and head-butted him.

While lying on the ground, Cook said he saw the man coming back toward him again. Still reeling from the impact, Cook said he pulled out his gun and fired several shots into the air.

Cook said the man immediately ran to his car and drove away.
More Here

KY: Armed Victim Shot Robbery Suspect


Deontae Dobson, age 23, faces several charges, including robbery and wanton endangerment.

Police say last Sunday, he and another man pulled a gun on the victim -- but the victim pulled out his own gun and shot the other suspect.
More Here

TN: Self Defense likely in Shooting on I-65



NASHVILLE, TN (WSMV) - The man who shot and killed a tractor-trailer driver in an alleged road rage incident on Friday night claims he fired his weapon in self defense, Metro police officials said in a statement Saturday.
More Here

Thursday, December 06, 2018

More Cowardice uncovered at Parkland Shooting: "Security" Recognized Shooter with Rifle case, did Nothing



Evidence of more incompetence and cowardice has been exposed from the Parkland school shooting. 17 students and staff were murdered on February 14, 2018, at the Marjory Stoneman Douglas School.  I will not name the murderer.

You have probably read and remember the armed school resource officer, Deputy Scot Petterson, failed to confront the killer immediately. He did not run to the sound of the gunfire. Instead, he waited outside the school for others to come. Eventually there were seven or eight deputies outside the school waiting. Officers from another jurisdiction showed up and immediately entered, but it was too late. All the killing had been done. The murderer had fled the scene.

Wikipedia says the murderer was carry a "duffle bag" and a backpack. That is incorrect.  The murderer was carrying a black rifle case, not a duffle bag.


Rifle Case used by Mass Murderer in Parkland
It is a critical distinction, because Andrew Medina, a school security monitor, recognized the rifle case.

Andrew Medina stated the murderer was carrying a rifle bag, and he recognized it as such. He said this in a recorded interview, under oath, shortly after the shooting.

 Link to interview video on twitter

He was the  first person recorded to see the murderer enter campus. He stated that he had been briefed; the murderer was the most likely to "shoot up the school" and that he recognized him. From the miami herald.com
As soon as Cruz began walking "like on a mission" toward the building, Medina followed and began frantically texting fellow security guards. "We had a meeting about him last year and we said if there's gonna be anybody whose gonna come to this school and shoot this school up, it's going to be that kid," Medina told detectives on the day of the Feb. 14 shooting.
Medina stated that when the murderer had been enrolled at the school they were "always watching him":
"Just crazy," Medina recalled of Cruz during the teen's time at Parkland. "And we always was watching him, you know. Like, it was one of those kids that we always kept an eye on."
What was the point of being briefed on the threat, recognizing him, and then doing nothing to stop him? Medina called another unarmed security monitor. That monitor hid in a closet during the shooting.

This is an obvious point of failure of the system. If Medina had confronted the murderer, he might have been able to stop him from entering the school. At the minumum, he would have disrupted the murderers plan and reduced the response time by armed police.

Medina recognized him as a threat. He recognized he was carrying a rifle case. The murderer was forbidden from being on the school campus. A rifle in a rifle case is not an immediate threat until it is removed from the case. The murderer did not appear to be armed with other weapons. Medina did nothing to stop him. He never shouted at him or called for him to stop.

Medina is said, after the shooting started,  a minute after the murderer entered the school, to have driven to the front of the school (on his utility vehicle) to get Scot Peterson, the armed school resource officer and Sheriff's deputy.  Medina said he took Peterson back to where the murderer entered the school.

That is where Peterson stayed, calling backup, and waiting.

There were many opportunities to stop the Parkland school shooting.

School officials worked with the sheriff's office to insure that minority students, such as the murderer, where not arrested, to prevent them from having a criminal record.  The program was promoted by the Obama administration.  That program was used to shield the murderer from arrest.

The murderer was never committed as a danger to self and others, in spite numerous incidents and problems.  Therefore, he was never included as a prohibited possessor of firearms.

Andrew Medina, the unarmed school "security", was placed in the security monitor position, as part of actions taken for discipline in a sexual harassment case.

*Correction* Andrew Medina was a security monitor before the sexual harassment case. He was given a three day suspension and returned to his former position. Thus, my speculation about the bureaucracy in this case does not directly apply. Andrew Median was subsequently fired from his job at the Marjory Stoneham Douglas school in June of 2018, five months after the shooting.

There appears to be a pattern here.

The security program was not taken seriously by school officials. It seems to have been treated as a dumping ground for "problems".

In a government bureaucracy, it is very difficult to get rid of incompetent people, especially if they are in one of the affirmative action protected groups. In places such as Democrat controlled school districts, those groups contain most of the people in the bureaucracy. Only straight, white, non-hispanic, men are outside of some special protected status.

When firing people is extremely difficult, managers find places to put incompetents where they can do the least damage.

It appears that "school security" was such a place in the Marjory Stoneman Douglas school bureaucracy.

In high stress situations, people fall to the level of their training. They seldom react better than their training.

What was Andrew Medina trained to do? It appears he was trained to watch. Watch gates, watch students. He was very reluctant to sound alarms. He knew how expensive sounding alarms was.  I suspect Andrew Medina did what he had been trained to do, which was to watch and report to others.

He had an excellent opportunity to stop a tragedy. He recognized the danger. He recognized the potential of the rifle case. He did not act. He watched. He called others.

It appears he was a problem. It may be the school management did not want him to interact with others.

Andrew Medina has faults. He has responsibility for some of the blame in the horrific mass murder that followed his failure to act.

Most of the blame for his inaction lies with the administration that put him in his position, and the training or lack of training they gave him.

In the long, long tradition of bureaucracies, the administrators will work very hard to keep from accepting any blame. They will work hard to shift the blame to others.  It is a major function of bureaucracies to shift blame from the bureaucry to other people.

Gun owners, Second Amendment Supporters and the NRA are popular targets of blame shifting.  It fits the narrative Progressives sell: individuals are not responsible for their actions, society is.

But none of the restrictions called for on gun owners, Second Amendment supporters, or the NRA would have stopped this mass murder.

Better training and a strong sense of individual responsibility could have stopped it, at multiple points. Andrew Medina's recognition of the threat, and lack of action, was such a point.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch






IA: Man uses Bow, Arrows to Shoot Dog Attacking his Pet


A man shot a stray dog multiple times with a bow and arrow as it attacked his pet dog during the weekend on the north side of Des Moines, authorities said.

The aggressive dog was shot with four arrows as it attacked the small-breed dog, critically injuring it, at 2 p.m. Saturday in the 3900 block of Fifth Avenue in the city's Highland Park neighborhood, police said.
More Here

MI: Woman Shoots, Kills, Home Invader



Three Michigan women whose departure for church Sunday was interrupted by a home invader fought back against their assailant, with one of the women reportedly opening fire on the would-be thief and killing him.

Detroit Police said three women -- ages 75, 55 and 29 -- were leaving for church about 10:30 a.m. when a man confronted them in the home's driveway and forced them back inside. None of the women were identified.
More Here

Followup CO: No Charges for Officer who Shot, Killed Armed Homeowner



No criminal charges will be filed against an Aurora police officer who fatally shot a homeowner in July, the 17th Judicial District announced Monday.

Officer Drew Limbaugh shot and killed an armed homeowner, 73-year-old Richard "Gary" Black Jr., defending his grandson against an intruder, Dajon Harper, on July 30.
More Here

Wednesday, December 05, 2018

TN: Man Shoots 2 Dogs Attacking his Cow



County Animal Control was on scene when deputies arrived. The man who shot the dogs said he found them attacking his cow, with “one on each ear, biting and gnawing on the cow while it was down next to (a) fence,” Deputy Nicholas Foster said in a report.
More Here

TX: Armed Man Stops Carjacking Bluff Attempt


“He said ‘The next word out of your mouth, I’m sending you to heaven,‘” Mike recalled. “I reached down, I grabbed the gun, pointed it right in his face and I said ‘Let’s go together.’”

“I couldn’t explain to you how fast he got out of my automobile at that point,” Mike said. “He jumped out that door in an instant. The girl jumps out, goes in front of the automobile and they start screaming at me.”

The suspects, he said, started yelling how Mike had a gun and he was going to kill them. But their screaming was the least of Mike’s worries.

More Here

Followup MO: Man who Claimed he Shot "Carjacker" Charged with 2nd Degree Murder



He told detectives that he left the car running when he went inside the convenience store, and while he was inside he saw Michael leave an SUV and try to get in his car. Simms says he left the store and shot the victim, stating he was "defending my property". He added that he didn't know Michael and didn't see that he had any weapons.
More Here

MO: Armed Victim Shoots, Kills Armed Robber



A man shot and killed a would-be robber Thursday night, police say.


The dead man is Ricky Bates, 43, who police say was trying to rob a 25-year-old man in the 1400 block of Arlington Avenue.
More Here

Tuesday, December 04, 2018

MI: Appellate Court Issues Mixed Ruling on Right to Carry at DeVos Place


In March of 2016, members of Michigan Open Carry (MOC) and Michigan Gun Owners (MGO) were manning a booth they had rented in the DeVos Place Convention Center. They were openly carrying holstered pistols, which has never been against the law in Michigan, except for a small number of restricted areas.

While people with concealed carry permits may not carry a concealed firearm into a school, they may openly carry a holstered pistol in Michigan.  They can openly carry holstered pistols into the State Capitol.

On Friday, May 26, 2017, Judge Joseph Rossi of the Kent County Circuit found for Michigan Open Carry (MOC) and Michigan Gun Owners (MGO). DeVos Place appealed to the Michigan Appeals Court.

On November 27, 2018, The Michigan Appeals Court ruled the Circuit Court erred and needed to make more findings of fact. From mlive.com:
"We conclude that the trial court erred when it ruled that the concealed carry of firearms was not prohibited by statute at DeVos Place because the trial court did not make a finding about seating capacity," the appeals panel wrote.

"The trial court found that the concealed carry and open carry of firearms was 'normally permitted' at DeVos Place and DeVos Performance Hall. Therefore, the trial court disagreed with the CAA's statement that the open carry of firearms was 'rarely' permitted, and it concluded that that the CAA's current firearms policies were unenforceable," the appeals panel said.

You can read the entire appellate decision here.

A description at the devosplace.org website states the largest venue there has a 2,404 seating capacity.
DeVos Place offers flexible space for meetings, conventions and trade shows as well as performing arts and touring events, and has the capability of hosting a variety of events simultaneously. The convention center features an exhibit hall with 162,000-square-foot of uninterrupted space, a 40,000 square foot ballroom, 26 sub-dividable meeting rooms with over 32,000 square feet of space, a 2404-seat performing arts theater that is home to four performing arts groups, accessible and spacious loading docks and on-site parking.
If a judge rules the the seating capacity is over 2,500, then DeVos place could ban the concealed carry of firearms there. The law is very specific in that it bans concealed carry.

The appellate court did not differentiate between open carry and concealed carry. It says nothing about open carry, which is odd, because the plaintiffs were openly carrying in the original incident.

The law relevant to entertainment facilities bans concealed carry, not open carry. The statue in question is 28.425o. Here are the relevant parts:
(1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(h), shall not carry a concealed pistol on the premises of any of the following:

(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
The differentiation is important, because in the Heller Supreme Court decision, a differentiation is made between open carry and concealed carry.  From Heller:
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues.
Many disagree with Heller on this point. The Second Amendment does not differentiate between open carry and concealed carry. It is mere precedent that restrictions on concealed carry have been tolerated since 1833, more than 40 years after the Bill of Rights was ratified.

The appeals Court found a government entity could enforce private bans on the carry of firearms. That much is obvious. Local police enforce trespass laws regularly.

More interesting is the question of whether public venues can pressure private entities to create private bans on firearms. For example, DeVos employees, when interacting with prospective clients, might "recommend" a ban on firearms.

DeVos' attorney will likely argue the performing arts theater has 2,404 seats; that separate meeting rooms have more seats, bringing the total to over 2,500.

It seems an easy way to overcome the letter of the law. Simply count every seat in a very large, subdivided facility. Add them all together, then count it as one entity.  If you do not have enough seats in a venue, count how many temporary seats could be set up outside.

The case goes back to the original judge to determine what the seating capacity of DeVos Place is.

DeVos may tread a fine line. There may be other regulation related to seating capacity, such as zoning codes and safety codes. Claiming capacity over 2,500 may trigger other enforcement or contractual actions.

Open carry activists assert that rights unused are lost. If people are afraid to assert their rights, they do not truly have those rights.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


CT: Permit Holder Wounds, Kills, Armed Robber



Police said two men entered the store and began assaulting at least three people inside. During that time, one of the victims, who police said is a legal permit holder in Connecticut, fired at least one shot and both suspects fled on foot.

According to police, one of the suspects was struck by at least one bullet and was found dead behind the store. The second suspect is still at large.
More Here

NV: Armed Freind Stops Pit Bull Attack, Woman Wounded in Leg



A North Las Vegas woman is speaking out after she was shot by a friend who was trying to save her from an attacking pit bull.

The gunshot victim, 42-year-old Betty Walker, says the bullet went through the pit bull and hit her in the leg.
"When I went to put my plate down -- we were barbecuing -- the dog attacked," Walker said. "Latched to my arm."
More Here

MS: Domestic Defense: Mother Kills Son who Threatened Her


Hancock County officials confirmed a Kiln mother killed her son in self-defense Friday morning after he threatened her with a knife.

Criminal Investigation Division Commander Glenn Grannan told WLOX News Now the shooting on Cameron Drive was reported around 8:20 a.m. Grannan said the mother told deputies she shot her son because she thought he was going to kill her.
More Here

GA: Repo Man who Shot Knife man out on Bail



The parking lot attendant who shot a man in the leg when he disputed his car being booted walked out of jail Thursday.

Alexander Bland Jr. turned himself in to police Wednesday for a reckless conduct charge.
More Here

Iowa Right to Bear Arms Constitutional Amendment has good Chance in New Legislature



The Iowa State seal proclaims: We prize our liberties and our rights we will maintain.

Iowa is in the process of doing exactly that by adding  a constitutional amendment to protect the right to keep and bear arms (RKBA) at the state level. Iowa is one of only six states that lack some state constitutional protection fro the RKBA.  The proposed amendment is as follows: From iowa.gov:

Right to acquire, keep, possess, transport, carry, transfer, and use arms. 

SEC. 1A. The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes the fundamental right of the people to acquire, keep, possess, transport, carry, transfer, and use arms for all legitimate purposes. Any and all restrictions of this right shall be subject to strict scrutiny.
Iowa has a lengthy process to amend their state constitution. An amendment must pass both houses of the legislature, with simple majorities. The governor is not required to sign on.

 Then an election must occur.

Then the amendment must pass both houses of the legislature, with simple majorities, again.

Then the amendment is put to the people in a referendum at the next election cycle.

The Iowa (RKBA) amendment, HJR 2009, passed both the House and the Senate in 2018.  It passed the House, 54 to 42. Two Republicans voted against it. Three Republicans abstained from voting. It easily passed the Senate 34 to 15. In the 2018 elections, the Republicans gained three Republican seats in the Senate, and lost five seats in the House.

Andy McKean of Anamosa, a Republican  who voted against the RKBA amendment, was relected. The other, Dave Heaton, of Mt. Pleasant, Iowa, retired and was replaced by a 21-year-old Republican, who easily won the general election. His name is Joe Mitchell. From thehawkeye.com:
MOUNT PLEASANT — Joe Mitchell emerged from a crowded primary election field Tuesday night as Republicans’ choice to represent House District 84.
Joe is an avid trapshooter and a balanced budget proponent. He will likely vote for the RKBA amendment.

I have not been able to determine the names of the three Republicans who abstained from the vote on March 18 of 2018.

The Republicans in the House lost just enough seats to be uncertain if they can easily pass the RKBA amendment a second time. The odds are in their favor. But look at the example of Senator McCain in Arizona, who promised again and again, to repeal Obamacare. Yet, when he was the critical vote, he voted against repeal. Are there some of similar liars among the Iowa House Republicans? We will find out in a couple of months.

Might there be independent, Constitutionally minded, Democrats who were recently elected? It seems doubtful. The Democrats in the House voted unanimously against the RKBA amendment.

If presented to the people of Iowa, the RKBA amendment will pass easily. Every state that has had an RKBA amendment presented to them has passed it with significant majorities.  The same process in use in Iowa played out in Wisconsin 20 years ago, in 1998. The amendment passed with 72% of the vote.

No right to bear arms Constitutional Amendment referendum has been defeated at the polls.  Voters have passed similar constitutional amendments in other states with wide margins. Alabama passed a similar amendment in 2014 with 72% of the vote; Missouri had strengthened its Constitution just months before with 61%; Louisiana in 2012 with 74% of the vote; and  Kansas in 2010 with 88%.

Iowa is one of six states that do not have a state constitutional protection for the right to keep and bear arms in some way. The other five without such a provision are California, Maryland, Minnesota, New Jersey, and New York. The two outliers are Iowa and Minnesota. Both states have strong Second Amendment activist organizations.

The critical point for Second Amendment supporters is to pass HJR 2009 a second time, in 2019, in the Iowa House. There should be no problem in the Iowa Senate, or with the referendum, barring the influx of tens of millions of dollars to be spent against it by some leftist billionaire who hates the idea of limited government.


©2018 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch






Monday, December 03, 2018

MO: Off Duty Officer Shoots at Driver who Tried to Run him Over

When the police officer pulled over and got out of his car to help, the driver tried to run him over, according to police. The officer pulled his gun and fired several shots at the car, described as a dark-colored sedan, which hit the officer's vehicle, hopped a curb and crashed through a fence before driving away on Bircher Avenue, which runs parallel to the interstate for about a mile.

More Here

Followup AR: Supreme Court Sends Chris Schnar case back for Third Trial



In a 4-3 decision, the Supreme Court ruled that jurors in Chris Schnarr’s third trial, where he was convicted of manslaughter, were improperly barred from hearing instructions regarding Schnarr’s arguments that he was justified in shooting Arista Lee “A.J.” Aldridge Jr. during a confrontation in downtown Little Rock.
More Here

TN: Man Shoots, Wounds Suspect in Attempted Theft of Buggy

Officers said the man and one other were spotted by the owner trying to hook up a trailer loaded with a rail buggy to their truck. The owner grabbed a shotgun and fired at the trailer, hitting one in the leg.

More Here

OH: Robber Shot, Victim Wounded in Robbery Attempt



The intended victim was identified as Matthew Martin, 21, of the North Side.

A neighborhood resident who called 911 told a dispatcher that he saw Mathews and two other males enter Martin’s apartment and then heard several gunshots. The man told the dispatcher that he then saw several males run out of the apartment, and some of them got into a red car and left.

Mathews drove to Martin’s North High Street apartment to rob him, according to a police report, and Martin and Mathews shot each other during the attempted robbery.
More Here

Followup KS: No Charges for 74-Year-Old Woman who Shot, Killed Burglar



The district attorney says it’s clear the shooting was self defense.

The 74-year-old woman is recovering from a heart attack she suffered right after Saturday night’s ordeal.


The family of the suspect says drugs are to blame.

"She was protecting herself, and I’m not mad at her at all. I would have done the same thing. I think anybody would," said Elvis Byrd who wasn’t surprised to hear what happened to his big brother, Ralph Byrd Jr. on Saturday night. "I’ve been saying for quite a while now that Ralph was either going to get himself shot stealing from somebody or he was going to OD on heroin."
More Here

Sunday, December 02, 2018

CA: Gun Beats Rock in California Break-in Attempt



The chaos broke out on Charlene Avenue in the Broadway Heights neighborhood late Wednesday morning. San Diego Police received calls that a man was trying to break car windows with a rock and was trying to force his way into a home.

When the man used the rock to shatter a window and tried to enter the house, a man in the home shot at the intruder, hitting him at least once, SDPD Lt. Benjamin Kelso explained. The wounded man was rushed to Scripps Mercy Hospital but is expected to survive.
More Here

OH: Disarm Attempt Results in Victim Wounded, Attacker Killed



The 27-year-old man found outside the apartment building died from multiple gunshot wounds, police said.

The surviving 33-year-old man told investigators he was entering the apartment on Morris Black Place when the other man approached him with a gun and tried to rob him, police said.

The two fought over the gun and it fired several times. Bullets hit both of men, he told police. The surviving man went inside the apartment. The other man ran a short distance before collapsing in a nearby courtyard, police said.
More Here

AL: Grand Jury to Decide in Daron Parks Self Defense Shooting



Police say evidence and statements investigators received make them believe Parks was shot in self-defense. The shooting happened on November 6 at Butler Terrace off of Seminole Drive.

Police told WAAY 31 investigators can't release much about the case, but they believe a domestic fight led up to the shooting. The department said it's now up to a Madison County grand jury to decide if they believe the shooter acted in self-defense or not.
More Here

MO: Aspiring Rapper Shot by Armed Vicim in Robbery Attempt



Deputies say Ahmonta M. Harris broke into a house for a robbery and threatened a 20 year old resident who was also armed. Harris was subsequently shot and killed. Harris died at the scene.

The 20 year old and two other residents in the home were not injured.

Neighbors said they were surprised when they learned a man had been shot and killed.

Harris was a rapper that went by the name "Monnie Man" and was supposed to perform at Rose Music Hall in Columbia, according to his Facebook page.
More Here

CA: Disarm Results in Victim and Invader both Wounded



The residents told deputies several suspects entered their home wearing ski masks and carrying firearms. But the homeowner and one of the suspects were shot as they struggled over a gun, Allen said. Both are expected to survive the shooting.
More Here

Followup OK: Man Describes Shooting Intruder

"I grabbed a pistol which is right there where I sleep, and it was only about another three or four seconds and he comes into view and blam boy that 9 millimeter is real loud inside the house," said Sweeney.


More Here

Saturday, December 01, 2018

Review Beyond State Control: Improvised and Craft-produced Small Arms and Light Weapons firearms Small Arms Survey


Review: Beyond State Control: Improvised and Craft-produced Small Arms and Light Weapons. G. Hays and N.R. Jenzen-Jones. 136 pages. 

Published on the Internet, November 4th, 2018, by the Small Arms Survey, paid for by the U.S. State Department Office of Weapons Removal and Abatement.  

Beyond State Control is an aptly titled study of improvised, homemade, and craft-produced firearms and light weapons around the world.

This is an important topic. It defines a floor beyond with controls are no longer effective. If people desire small arms, they will be able to obtain them by home manufacture, through improvised and craft-production.

I have written extensively about the subject. I used the term "small-shop" but "craft-produced" is more inclusive and descriptive.

Beyond State Control covers everything I have written about homemade, improvised, and craft-produced firearms for the last 40 years.

This is a well researched and comprehensive paper. It will be useful reading for every student of citizen disarmament, or "gun control". I recognized many of the items photographed in the extensive documentation.

The authors are experts in their field. They have studied the improvised and craft-manufacture of small arms extensively.  There are a few small errors. When writing about such a vast field of information, they are excusable.

On page 22, the authors include the Liberator pistol as being designed for production in small workshops during WWII. It was not designed for workshop production, but was mass produced in a highly efficient industrial plant. This error is corrected on page 36.

On page 46, a hand indexed revolver is mistakenly called a "pepperbox" type weapon.

I emailed the editor of Beyond State Control about these small errata.

Those minor errors are overcome by the wealth and breadth of the information in this seminal report. In the "Key Findings" there is this gem:
Improvised and craft-produced small arms account for a sizable proportion of weapons seized in domestic law enforcement operations in several countries. In the UK, some 80 per cent of all guns used in crime in 2011 and 2012 were improvised, craft-produced, or converted; in São Paulo, Brazil, 48 per cent of the sub-machine guns recovered during the same period were homemade; and in Indonesia, 98 percent of the guns confiscated from robbery suspects in 2013 were homemade.
Making factory produced firearms difficult to procure creates strong incentives to produce firearms beyond state control. The large majority of improvised and craft produced weapons are used by criminals:
Data suggests that the highest concentrations of craft-produced small arms are among individual criminals and criminal groups outside of active conflict zones.
In the United States, improvised and craft-produced guns are primarily made by hobbyists for technological interest and ideological reasons.

Beyond State Control specifically excludes the study of 3D printing technology and 80% receivers, though they are mentioned in passing.

The paper covers improvised ammunition and light weapons such as mortars, grenade launchers, and Rocket Propelled Grenades (RPGs) and recoilless rifles.

Many images have been garnered from blogs and alternative media sources.

There is an excellent section on improvised and craft-produced sub-machine guns on pages 76-83. The pictures are worth the attention of any student of population disarmament.

On page 116, the paper  mentions improvised guns being produced specifically to target gun "buybacks".

The authors understand that controlling the making of firearms relies on controlling the flow of information:
Many of the books, magazine articles, and other publications containing instructions for the manufacture of improvised and craft-produced weapons have since been digitized and are readily available via the Internet. Home gunsmiths and hobbyists—including those who produce firearms legally in countries such as the United State—regularly post technical know-how and techniques related to home gunsmithing and the manufacture of arms on YouTube and other social media platforms. In some cases, non-state armed groups have also produced online documents, guides, and videos that provide instructions for the manufacture of improvised or craft-produced weapons. Various armed groups in Iraq and Syria, for instance, have posted videos focused on the design and construction of anti-materiel rifles (ARES, 2018).
The Second Amendment and the First Amendment support each other. Both are essential to limited government.

"Gun crime" in the UK, is higher today than it was when the draconian control of firearms was implemented, starting about 1920. Brazil has a homicide rate about eight times that of the United States. Its highly restrictive gun control scheme reached its nadir, (or apex, depending on your view point) 15 years ago.

"Gun Control" is promoted as a crime reduction measure in the Western world. That is how it was characterized in England in the 1920s and later. It is how it is promoted in the United States today. The ability of criminals and criminal enterprises to access effective, improvised, homemade, and craft-produced small arms creates a limit, determined by technology and physics, on how much crime can be reduced by limiting legal access to firearms.

Many millions of improvised and craft-produced small arms have and are being manufactured the world over. Craft-produced arms are becoming well known in international black markets.

If people desire small arms, their desires will be met by improvised and craft-production.  If they do not desire small arms, no controls are necessary. The arms produced may not be the most sophisticated weapons. They are sufficient for criminal activities.  There are few crimes committed with firearms in the United States that would not be accomplished with homemade pistols and sub-machine guns. The improvised and craft-produced arms are not subject to controls, and more likely to cause injury to users and bystanders.  Improvised and craft-produced firearms are more than sufficient to provide for the needs of the small class of violent criminals, as seen in Brazil.

If you are interested in the political and practical aspects of restricting populations' access to firearms, read the entire 136 page report.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch