Thursday, October 18, 2018

Gun Displayed in Mobile Bathroom Appears to be Loaded S&W Model 36

A middle school student form Mobile, Alabama, is shown holding a revolver in a school bathroom. The picture has gone viral. The picture was taken some time before September 11, 2018. From
MOBILE, Ala. (WPMI) — A photo of a Mobile middle school student allegedly depicting the student with a gun in a school restroom is under investigation by Mobile police.

The picture was posted on Facebook on Thursday October 11.

The photo was a allegedly taken inside a bathroom at Chastang-Fournier K-8 in the Trinity Gardens neighborhood of Mobile.
The picture was well focused on the revolver. Whoever took the picture did a good job. School officials and police have identified the people in the picture. The student who was holding the revolver is no longer a student in the Mobil Public Schools.

Because the picture is well focused, several interesting details are apparent. The revolver appears to be a high quality, if well used, Smith & Wesson model 36. We cannot be absolutely certain, as this common and well thought of revolver has been widely copied throughout the world. The odds are it is a genuine Smith & Wesson, however.

The revolver is loaded. Look at the chambers of the revolver cylinder on the left as you look at the picture. Peering into the chambers, you see the glimmer of bullets in the two chambers, indicating the revolver was loaded at the time of the picture.

The student who is holding the revolver is observing some basic safety precautions. He is not pointing the revolver directly at the person with the camera, thus observing two of the basic safety rules.

1. Do not point a firearm at anything you are not willing to destroy.

2. Know your target and what is beyond your target.

He is following a third safety rule as well. His trigger finger is outside of the trigger guard.

There are prominent signs outside the school informing people that the school is a "gun free zone".

Clearly, such signs did not dissuade the young man in the picture from taking a revolver to the school. I doubt that imposition of costly metal detectors at some entrances will make much difference either.

Taxpayers will not be well served by purchasing metal detectors and paying for the necessary armed security to man the detectors whenever school is in session, and anytime anyone has access to the schools.

Such measures are only effective if they are enforced rigorously. If they are not, the children (or inmates, in effect) are quick to learn the vulnerabilities of the system and to find ways to circumvent them.

For example, keeping a gun hidden inside the school, after bringing it in at an entrance that is briefly not monitored.

My friend Roy Eykamp informed me of a time he and/or a friend brought a revolver to a one room school in South Dakota around 1930. The teacher discovered they had the revolver and asked what the purpose was. The boys said they intended to shoot gophers during lunch hour. A bounty was paid for gophers by the county. The teacher instructed them to follow the safety rules, and allowed them to keep possession of the revolver. Roy was about 12 at the time.

Today, things have changed, and no always for the better. Parents are much more removed from the management of the schools. Legislation and regulation has taken away much parental and teacher responsibility.

Schools and parents would be better served by teaching and enforcing discipline and ethical norms.

Teaching students that the "system" or the "man" are stacked against them works in exactly the opposite manner, encouraging them to game the system or ignore the rules.

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

Gun Watch

Followup IL: Accomplice Charged with Felony Murder, Accepts Plea Deal

EDWARDSVILLE — A man whose associate was shot and killed by the Vietnam War veteran the duo attempted to rob was sentenced Monday to 25 years in prison, liable for his partner’s death by self-defense at the hands of the 70-year-old, would-be victim.

More Here

TX: Domestic Defense? Man Shoots 38-Year-Old Son

SAN ANTONIO - San Antonio police were called to a far East Side home after a man turned a gun on his son, shooting him in the leg in an apparent act of self-defense.
More Here

ID: Domestic Defense? Woman Shoots Man Attacking her and her Mother

If the incident is ruled a matter of justifiable homicide, it would the first time since 2015 a Bonner County has had to resort to lethal force to protect themselves.

Bonner County Prosecutor Louis Marshall concluded that a woman who was subject to a protracted domestic attack in Edgemere was justified in shooting Scott Spangler, 55, to death. Part of the incident was documented in an open-line 911 that was placed during the incident.
More Here

Followup GA: No Charges for Man who Disarmed, Shot Attacker

Three people were shot and one of them was killed in a struggle over a gun in southeast Atlanta on Sunday afternoon, according to police.

No charges will be filed in the case, Atlanta police spokesman Officer Jarius Daugherty said Tuesday afternoon. The incident has officially been classified as a “Felon Killed By A Private Citizen,” police said.

The shooting happened about 1:45 p.m. at a home in the 3200 block of Donnebrook Lane being used as a rooming house, Atlanta police said after a preliminary investigation.
More Here

Wednesday, October 17, 2018

More Fake News in Florida Boca magazine

In, Randy Schultz has penned an error filled article which seems aimed at creating a false history of Florida gun legislation.  He briefly mentions 1968, when the Florida Constitution was rewritten because of a Supreme Court decision.  The 1968 Florida Constitution carried over a protection of the right to keep and bear arms from the 1885 Florida Constitution:
The right of the people to bear arms in defense of themselves and the lawful authority of the State, shall not be infringed, but the Legislature may prescribe the manner in which they may be borne.
 Schultz claims that south Florida is not the South. From
We may live in South Florida, but this ain’t the South.

That’s Tallahassee, Jacksonville, Ocala, Pensacola and all those parts of the state where the culture and the politics have turned Florida into the “Gunshine State.” If Palm Beach, Broward and Miami-Dade counties ran the Legislature and elected governors, the state likely wouldn’t have that reputation. But even after the new constitution in 1968 supposedly broke North Florida’s chokehold on power, this state has been the Deep South when it comes to the Second Amendment.
The 1968 Constitution had little effect on the state gun laws. Florida is very much a part of the South. It is understandable why Schultz would ignore Florida gun laws before 1968. They were designed to keep black people disarmed. From
Ida B. Wells, the leading journalist opposing lynching, agreed. In the nationally-circulated pamphlet Southern Horrors, Wells documented cases in Kentucky and Florida, “where the men armed themselves” and fended off lynch mobs. “The lesson this teaches,” Wells wrote, “is that a Winchester rifle should have a place of honor in every black home, and it should be used for that protection which the law refuses to give.”

After the thwarted lynching in Florida, the state legislature enacted a law requiring a license to possess “a pistol, Winchester rifle or other repeating rifle.” A Florida Supreme Court Justice later explained: “the Act was passed for the purpose of disarming the negro laborers” and “was never intended to apply to the white population and in practice has never been so applied.”
Eventually, the gun laws meant to keep black people disarmed were used against the majority of people in Florida. Floridians could not bear arms without a permit, which was often denied for spurious and political reasons.  The laws varied enormously city to city, county to county. No ordinary person could be sure they were bearing arms legally if they crossed the street.

Floridians fought back at the ballot box, and the Florida legislature enacted statewide preemption of gun laws, a state wide concealed carry law, and a ban on most public open carry, all in 1987. Schultz characterizes the restoration of rights this way:
It began dramatically in 1987. The Legislature prohibited counties and cities from enacting firearms regulation and made Florida the first state that allowed residents to carry concealed weapons. For the next three decades, having laid down that marker, National Rifle Association lobbyist Marion Hammer rarely lost.
Florida was not "the first state that allowed residents to carry concealed weapons". Eight states had "shall issue" concealed carry permits in 1986. They were Maine, New Hampshire, Indiana, Alabama, Connecticut, North Dakota, South Dakota, and Washington. Vermont had Constitutional Carry. Vermont never required a permit to carry firearms, concealed or openly. Only one of those states, Alabama, is in the South.

Florida is hardly an exemplar of Second Amendment freedoms. Florida is one of only five states that ban the open carry of handguns in most public places. Fourteen states do not require a permit for either open carry or concealed carry.
Schultz claims the Pulse nightclub mass murderer had a concealed carry permit. The mass murderer did not have a concealed carry permit. He had a security guard license, and a statewide firearms license.

Much of Schultz article is a tribute to the success of Marion Hammer as a lobbyist. Marion Hammer is a lobbyist of the first water.  But Hammer could not have accomplished the reforms of restrictive Florida gun laws without widespread voter support.

Florida cities widely ignored the Florida preemption statute. The Florida legislature added teeth to the preemption law to prevent local politicians from being scofflaws.  Schultz mischaracterizes the law:
Finally, Scott signed legislation that punishes—through fines and possible removal from office—county or city elected officials whom the NRA or any other party believes is trying to get around that ban on local firearms regulation.
The county or city elected officials are only punished if they violate the law. They cannot ignore the law with impunity. Here is the punishment section of the statute.  From
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
Officials may not be punished unless they are found to have willfully violated the statute in a court of law.

The incremental reforms in the Florida legislature have resulted from a widespread desire to restore Second Amendment rights in Florida. Second Amendment rights were first taken from freed slaves. Then they were taken from citizens that did not have political connections.

Schultz mentions "Stand Your Ground" laws.  Such laws have benefited black people, who are more often victimized by crime, more than other populations in the state. Black people made up about 16.6% of the Florida population in 2012, when the analysis of "Stand Your Ground" laws was done. From
But approximately one third of Florida “Stand Your Ground” claims in fatal cases have been made by black defendants, and they have used the defense successfully 55 percent of the time, at the same rate as the population at large and at a higher rate than white defendants, according to a Daily Caller analysis of a database maintained by the Tampa Bay Times.  Additionally, the majority of victims in Florida “Stand Your Ground” cases have been white.
Schultz would do well to read some history of Florida before 1987.

Gun control laws have a long racist history. Florida is part of the South, and always will be. The South is restoring Second Amendment rights that were denied to freed slaves.  All southern states except for Maryland, now have shall issue concealed carry laws. Mississippi is a Constitutional Carry state. Only South Carolina and Florida ban open carry in the South. The urban politicians in Florida will not be able to keep Florida from restoring open carry (banned in 1987) forever.

A comment at, showing errors in the article, has been removed. 

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

Gun Watch

Followup UT: Suspect Shot While in Garage has Died

OREM, Utah, Oct. 15, 2018 (Gephardt Daily) — A burglary suspect who was shot multiple times Monday morning by an Orem homeowner has died in the hospital.

More Here

OK:Domestic Defense? Armed Woman Shoots Ex

The man was rushed to Sparks Hospital in Fort Smith after being shot in the chest, according to investigators.

The Sequoyah County Sheriff said the woman had a protection order against the man and there is a domestic violence history between the two.
More Here

LA: Man who attempted Arson is Shot, Wounded

NEW ORLEANS (AP) - New Orleans police say a man who tried to set a woman's house on fire has been shot.

More Here

CA: Domestic Defense? Son Shoots Father who is Choking Mother

Botti said the teen and his parents were coming home from a family gathering when the argument started.

The father had been drinking and allegedly began choking his 49-year-old wife at the home. The boy then shot the father, and called police, Botti said.
More Here

A Flurry of Bear Attacks, Fall, 2018

Photo by Troy Nemitz

It is the season for bear attacks. Bears are very active in the fall, when they must accumulate enough calories to lard up for hibernation. At the same time, human hunters are out and about, hunting all game animals, putting human hunters in the same areas with heavy bear populations.

In the last month, there have been several bear attacks in the news.

On 9 September, Dr. Brad Johnson was attacked and severely mauled. He had bear spray in his hand.  He was attacked by two bears and was not able to use the spray. He almost died. His two companions saved his life with first aid. The bears were never pursued or found. They are thought to have been grizzly bears.

On 14 September, bow hunter Corey Chubon and Guide Mark Uptain were attacked as they processed a trophy elk in Wyoming. Chubon was mauled and Mark Uptain was killed. Bear spray proved ineffective. A Glock pistol was not used because it was yards away, and Chubon did not know how to use it.

On 24 September a bow hunter who bagged a moose on the Blackfeet Indian reservation in Montana used a pistol to stop a grizzly bear attack there.

On 26 September, a bow hunter successfully used a pistol to defend himself a sow grizzly bear and a grown cub in Montana.

On 29 September, a Tye Carlson, a bear hunter, was mauled by a 350 pound boar black bear in northern Wisconsin. Dogs that were pursuing the bear arrived. Carlson was able to retrieve his firearm and shoot the bear. The bear attacked Carlson again, until another hunter arrived and finished off the bear.

On 1 October, 18-year-old Anthony Montoya was killed by a grizzly sow and two nearly grown cubs, near the Hecla Greens Creek Mine in southern Alaska. Montoya reportedly had bear spray, but it was not found at the scene. The three grizzlys were killed at the remote site by Montoya's companions. The bears had fed on Montoya's body, only 35 yards from the group of people he was with. The drill site is reported to be noisy. The forest can be extremely dense in southern Alaska.

On 2 October, a hunting guide shot a bear that was charging three hunters and their horses. The bear attack occurred on the South Fork of the Shoshone River in northern Wyoming.

Bear attacks are relatively rare, but in bear country, they are more common than being hit by lightning.

Over the last 40 years, the bear population, both grizzly and black bears, has soared in the United States. As the bear population has increased, so have bear attacks.

Grizzly bears have a high incident of attacks on humans and their property, considering their limited numbers.

Grizzly bears have been strictly protected for the last 43 years in the lower 48 states. Black bears are many times as numerous as grizzly bears. Estimates for grizzly bears in the lower 48 are about 1,500. Black bears are about 450,000.

Both numbers are imprecise, but there are about 300 black bears for every grizzly in the lower 48. There are about the same number of fatal bear attacks for black bears and grizzly bears. Black bears are legally hunted in most states where they are found.

If you see a bear, and it does not run from you, consider yourself at risk. Most black bear attacks are predatory attacks, where the bear sees humans as a potential food source.  In predatory black bear attacks, humans often see the bear with plenty of time to access weapons and defend themselves, if they have a weapon available.

Grizzly bears are such aggressive top-end predators they should always be seen as high risk.  A majority of grizzly attacks do not appear to be predatory, but involve aggressive attacks over territory, food supplies, cubs or other reasons.  Grizzly bears do not need a human rational to attack.

While bear spray has been touted as the best way to stop bear attacks, the common comparisons from studies of bear spray and firearm defenses are not legitimate science. Different criteria are used in the different studies. The authors refuse to release the data the studies are based on. There have been notable failures of both firearms and bear spray.

Surprisingly, pistols have been used to stop bear attacks with considerable success.

There are reasons people prefer bear spray to pistols. People who are not familiar with firearms, for example, are better off with bear spay than without any defense. There are places pistols are forbidden for most people to carry, by law, such as Canada, California, or New Jersey.  There are plenty of bears in all three places.

The primary reason to prefer bear spray is to prevent bears from being killed.

The problem with this approach is a bear that shows little fear of humans has shown itself to be a much higher risk to people than most bears.  As a matter of policy, bears that lack fear of people should be (and mostly are) killed.

The relatively small number of bears killed as threats to humans has no significant effect on bear populations.

Even the extreme number of aggressive grizzly bears killed to protect people in the Greater Yellowstone Ecosystem (GYE), (35, or about 5% in 2017) has not prevented the grizzly population from expanding.

Bear populations have to be limited to prevent unacceptable levels of risk to humans and human property. The only question is: what level of bear populations are acceptable?

Bears will not limit their own populations. Bear populations will expand as long as there is a sufficient food supply and habitat. That food supply includes human crops, human livestock, and (rarely, in the last hundred years) humans.

People who do not live with bears are willing to accept much higher bear populations than people who do.

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

Gun Watch 

GA: Husband Disarms, Shoots, Kills, man who Shot, Wounded his Wife and Him

ATLANTA - A husband and wife are in the hospital following a terrifying encounter with a gunman. Police said the husband stepped in to save his wife after a man shot her in the arm, then the husband shot and killed the gunman possibly in self-defense.

Investigators said the shootings happened Sunday afternoon in a home on Donnebrook Lane in southeast Atlanta.
More Here

Tuesday, October 16, 2018

CA: Armed Victim Says he Shot at Robbers Car

Fresno police say they are searching for two people they believe tried to rob a man Saturday in southeast Fresno.

However, the man who was nearly the victim in the case told police he fired off shots at the robbers’ vehicle as they fled.
More Here

FL: Man Disarms, Shoots, 1 of 3 Robbery Suspects

The man told police that three unknown men attempted to rob him at gunpoint in front of his residence. According to the man, he was able to grab one of the suspects' gun and shoot one of the men.

The victim/shooter was detained for questioning and a search warrant was requested on the property.
More Here

VA: Armed Man Shoots Knifeman Holding Woman against her will

ROANOKE, Va. (WDBJ7) -- Roanoke Police say one man was transported to the hospital after being shot by another man who came to aid a woman that was being held against her will.

Police say they responded to a report of a shooting on Saturday, Oct. 13, around 11 a.m. in the 2100 block of Tinker Dr. NE. Upon arrival, officers located Jesus Alvarado, 35, of Texas, with gunshot wounds to the abdomen.
More Here

Monday, October 15, 2018

WI: Suspect Shot by Victim, Investigation Ongoing

The suspect left the residence, returned with a firearm and shot at the victim. The victim returned fire striking the suspect. The suspect sustained a non-life threatening gunshot wound and was conveyed to a local hospital.

More Here

TN: Armeed Home Invader Shot, Killed

A burglary suspect was shot and killed during a reported home invasion at a Northwest Knoxville home early Thursday morning, according to the Knoxville Police Department.

Christopher Austin Desmarais, 24, of Knoxville, was identified as the suspect who was fatally shot Thursday morning during the break-in.

A preliminary investigation shows Desmarais was armed with a handgun around 1 a.m. when he began beating on the door of a home in the 2400 block of Lamp Drive, police said.
More Here

TX: Armed Resident Fires at Gang of Thieves

Security camera video showed the angry homeowner going after at least three men with a loaded pistol.

"I shot one round into their engine compartment," Bernal said. "They proceeded to take off down the street. I waited until they got an angle where I could (see) in between each house where I wasn't going to hit either one of them and then I fired seven more rounds and then they took off."
More Here

OK: Armed Robbery Suspect Shot in Leg

OKLAHOMA CITY - Police are investigating after an attempted armed robbery suspect was shot in Nichols Hills.

More Here

Sunday, October 14, 2018

CO: Armed Homeowner Shoots, Kills Intruder, stops Crime Spree

A Colorado Springs resident isn’t expected to face charges for fatally shooting a man trying to break into his home just north of Palmer Park, police said.

Houston Malachai Cookson, 30, of Colorado Springs was killed on the rear patio of the house in the 2700 block of Flintridge Drive, police said. The shooter’s name hasn’t been released.
More Here

MI: Off Duty Officer Shoots armed man in Groin

Hard to say if this was a justified shooting, from the sparse information given. The report does not say the armed man pointed the gun at anyone.

An off-duty Detroit police officer shot an armed man who was arguing with his girlfriend at around 7 p.m. on Wednesday, police said Thursday morning.

The man, 45, was "in a dispute" with his 34-year-old girlfriend on the 5000 block of Rohns Street. The officer was visiting relatives who live in the area and heard the dispute. When he headed down the street, he saw the man was armed and shot him in the groin, police said.

More Here

CT: Man Fires at Vehicle Driver, Probable Self Defense

Two hours later, a 25-year-old Hamden man told police that he fired at the vehicle after it had allegedly sped at him. The man said he was leaving the bar when the vehicle pulled up and a man inside addressed him before the vehicle made a U-turn and came after him. The Hamden man then fired at the driver, who fled the scene.

Police said the shooter had a valid pistol permit and that it appears that he was not the antagonist in this incident.
More Here

CA: Bail Bondsman Shoots, Wounds, Gilbert Uribe

One of the bail bondsmen says he felt threatened, fearing the man was using his car as a weapon, and opened fire.

The bail bondsman firing his gun hit the car several times, and shot Uribe in the leg.

Uribe had already been facing charges for hurting his neice and leading police on a chase topping 100 miles per hour back in May.

In addition to those charges, he'll now be facing charges of assault with a deadly weapon.

More Here

Saturday, October 13, 2018

NICS Checks Remain High in September, More Permits, Lower Gun Sales

The total number of National Instant background Checks, (NICS) remain at historically high levels for September of 2018.

September, 2018 had 1,956,681 NICS checks. September, 2017 had 1,967,104 NICS checks, and September, 2016, the all time record, had 1,992,219 NICS checks. There is less than a two percent difference in the total NICS checks numbers for the last three Septembers.

Retailers are reporting that sales of firearms have fallen. How are the high NICS numbers and lower firearm sales reconciled?

The answer can be found by digging deeply into the FBI reports of NICS numbers by state and type.

While total NICS numbers remain high, the number of NICS numbers used for gun permits and for permit re-checks has become a larger percentage of the total. Permit checks and re-checks were 41 percent of all NICS in September of 2016. (Rechecks are displayed in the FBI figures starting in June of 2016)

Permit and permit re-checks are 43 percent of all NICS in September of 2017.

Permit and permit re-checks are 50 percent of all NICS in September of 2018.

The numbers show a dramatic increase in permit and permit re-checks as a percentage of the total NICS checks done.

Digging into state data, just two states, Illinois and Kentucky, account for 60% of all permit and permit re-checks for September of 2018. Kentucky checks all carry permits for the state every month, resulting in September permit checks of 393,160. Illinois lists 189,106 permit re-checks for the same month.

When  the permit and permit re-checks are subtracted from the September numbers for 2016, 2017, and 2018, we are left with 1,165,584 non-permit related NICS in 2016, 1,128,919 in 2017, and 980,819 in 2018.

The numbers of non-permit related NICS checks show a 16% drop NICS checks instead of 2%.

The mystery is solved. Increasing checks for permits and re-checks, especially in Illinois, are responsible for the high level of overall checks while sales are dropping.

October sales are historically a little higher than September, while November and December are historically the highest months of the year.

Countering that trend is a failing Mueller investigation, an invigorated Trump administration, and the installation of Judge Kavanaugh as Justice Kavanaugh on the Supreme Court.  Judge Kavanaugh wrote a famous dissent on the D.C. Circuit in defense of Second Amendment rights.  From
Kavanaugh reasoned that handguns, which are mostly semi-automatic, are protected by the Second Amendment, and he saw no real difference, from a constitutional perspective, between handguns and semi-automatic rifles. Semi-automatic rifles, he observed, “have not traditionally been banned” and “remain in common use today”; indeed, he noted, handguns are more often used in violent crimes than semi-automatic rifles. The registration requirements, he continued, are unconstitutional because gun owners have traditionally not been required to register all guns that they own legally – “as distinct,” Kavanaugh pointed out, “from licensing of gun owners or mandatory recordkeeping by gun sellers.”

Those political events tend to make potential gun buyers more confident the Trump administration and the Supreme Court will protect Second Amendment rights in the future.

This could dampen incentives to purchase, as more restrictive gun legislation seems unlikely during a Trump administration.

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

Link to Gun Watch

CT: Armed Man Stops Stabbing Spree

Police say a 27-year-old man was walking along Sperry Street toward Goffe Street when he was confronted by a man holding a knife. That man reportedly said "Happy Halloween" and then stabbed the victim.

The victim's cousin, a 24-year-old from Hamden, was waiting in his car. We're told he heard the commotion, got out of his car and was also stabbed.

The 24-year-old then took out his gun and shot the assailant in the chest, killing him.
More Here

Followup NC: Homeowner Shooting Intruder was Self Defense

PINEVILLE, N.C. - Authorities believe a deadly shooting Tuesday in Pineville was in self-defense.

A fight led to the shooting near Willow Run Road at the Willow Ridge Apartments off Park Road.

More Here

Followup TX: Wounded Burglar begs for Help in Video taken after Homeowner was Killed

Michael Clayton Robinson, 51, was home with his wife and two of his six children when they were awakened by an intruder. Robinson, a physician assistant, grabbed his 9mm Glock and yelled out to the unseen burglar, “Get out of my house.”

When Robinson opened the door to his bedroom, he saw Perales with a gun, witnesses said. Both men shot each other. Robinson later died. Perales, wounded, left in his car, police said, but got lost inside the subdivision and ended up at a nearby house, begging for help.
More Here

TN: Domestic Defense? Husband Shoots Wife after Mother-in-Law Injured

Authorities said the incident began when the mother of the children arrived at their paternal grandparents’ home to pick them up, the Times Free Press reported. The father of the children was present and told his wife she would not be permitted to take the children.

According to the Sheriff’s Office, the wife rammed the gate of the home with her vehicle, injuring her mother-in-law, and began to walk toward her husband. The man then shot his wife in the leg, the Times Free Press reported.
More Here

TX: San Antonio Homeowners Shoot, Wound, Burglary Suspect

 The homeowners told police they shot one of the suspects during in the incident.
One of the suspects showed up at Mission Trails Hospital with a gunshot wound and was transported to University Hospital for treatment.

More Here

Friday, October 12, 2018

Ohio Supreme Court Proposes More Firearm Restrictions, Public Comments Allowed

Buckeye Firearms has highlighted a case of judicial activism in Ohio.

The Ohio Supreme Court is proposing to change the rules on the confiscation and return of firearms in Ohio, particularly in cases involving orders of protection.

 Sean Maloney, a firearms attorney, has written an analysis of the proposed changes in the rules in Ohio.  Many of the rules make changes that the Ohio legislature specifically refused to implement.  From Sean Maloney's analysis:

Accordingly, Appellate Courts have consistently held that, an order to surrender firearms to police absent a “sufficient nexus,” is an abuse of discretion when no evidence exists that the Respondent to a Civil Protection Order had ever threatened to use, used, or brandished a firearm.  Butcher v. Stevens, 182 Ohio App.3d 77, 2009-Ohio-1754, 911 N.E.2d 928, ¶17 (4th Dist.). 

Therefore, at a minimum, before the Ohio Courts can restrict, limit or deprive a Respondent of their Second Amendment Rights, the Court first must specifically find that there is “substantial nexus” between the Respondent to a Civil Protection Order’s conduct, and the firearms restriction imposed by the Court order. Absent that finding, a Respondent to a Civil Protection Order’s constitutional right to keep and bear arms shall not be restricted. See for example the proposed amendment to Form 10.01-I, page 3 of 6 provision 13, DOMESTIC VIOLENCE CIVIL PROTECTION ORDER (DVCPO) FULL HEARING
 The full analysis lists several major changes in firearms law in Ohio, that will, in effect, be enacted if the Supreme Court changes the procedural rules as proposed.

This is how one branch of government can create major changes in the law without any vote by the legislature.

Buckeye firearms organization is urging Ohio residents to comment on the proposed changes. From
Deadline for public comment is Oct. 12.

To comment and demand that these proposed changes not be enacted, email objections to: Include your full name and mailing address in any comments submitted by e-mail.
State organizations often are more tuned into potential administrative changes than are national organizations, such as the NRA.

Buckeye Firearms Association has been one of the more active state organizations in the nation.

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

Gun Watch

Richard Bong America's Top Ace of WWII, Wisconsin Deer Hunter

Richard Bong and Father Photo from Display at Bong Center, Superior, Wisconsin

Richard Bong was born on September 24th, 1920. My father was born on January 22, 1918, less than two years earlier. They grew up about 40 miles apart, on farms in northern Wisconsin.  Richard in the town of Poplar, Wisconsin. My father was raised  in the town of Lenroot, Wisconsin. Towns, (townships) in Wisconsin, are political units, six miles by six miles square.

Both were good deer hunters.  Richard Bong, the famous ace, was shown using a Savage 99 chambered in .300 Savage, while hunting deer in Northern Wisconsin. The picture was taken in 1943 during his first leave back to the U.S. It appears that Richard is wearing a military web belt. His father, Carl, was shown walking alongside him.

What struck me were the rifles. Richard's father, was carrying a Remington model 8 or 81, the first successful high powered semi-automatic rifle. It came on the market in 1906. I have one made in early 1907.

Richard Bong's Savage model 99 was advanced a different way. It sported a rifle scope. It was probably a 3/4 inch tube Weaver 3-30, 3-29, or 4-40. Weaver converted to one inch tubes for their high powered rifle scopes after the war, in 1947.

The Savage 99 Richard Bong used deer hunting has been donated to the Bong Center. It no longer sports a Weaver scope, but those scopes have long been obsolete.

The serial number on the Bong .300 Savage model 99 indicates it was manufactured in 1923.

Richard and Carl wore matching deer hunting outfits of the era, with plaid shirts, wool pants, and what appear to be lace up shoe-pacs.

I remember my father wearing similar clothing. I cannot tell if the pacs are Sorrels or some other manufacture.

Everyone wore Sorrel rubber on the bottom, leather on the top, felt lined, shoe-pacs when I was growing up in that country 20 years later.

By the time Weaver came out with the K-series scopes with one inch tubes, Richard Bong, America's top ace, was dead. He  died in a tragic test flight of an early jet fighter, the P-80. The crash occurred on 6 August, 1945, the same day the atomic bomb was dropped on Hiroshima.  He had been brought home after having 40 confirmed kills in the Pacific Theater.

My father loved the Savage model 99. He was a deadly shot on deer in the Wisconsin woods, where I grew up. He obtained his model 99 in 1946, and used it with a peep sight until he converted to the Weaver K2.5X riflescope.  He was rejected for military service because of an ulcer. There wasn't much deer hunting during the war. Ammunition for hunting was hard to come by. My father spent the war years in Milwaukee building armaments at A. O. Smith.

I shot my first buck with my father's Savage model 99 and the K2.5 Weaver.

Farm boys contributed greatly to the war effort. My 100 year old friend in Australia, Roy Eykamp, built airplanes for the war in California, at Lockheed. He was raised on a farm in South Dakota.

Roy was a deadly shot. In April, 2018, when he was over 100 years old, he told me he didn't think he could ever shoot a human being.  Roy was born two months after my father.

A neighbor, Lyman Williamson, was part the famous raid on the heavy water plant in Telemark, Norway. My father told me about it, and that Lyman did not like to talk about it.  Lyman was recruited because he spoke Norwegian like a native.

A local ski resort was named Telemark two decades after the war.  The man who developed Telemark also promoted the Birkebiner cross country ski race from The Telemark ski resort to Hayward, Wisconsin. I often wondered if the choice of the name had anything to do with the famous raid.

I have gotten far afield from the memories induced by the picture of those two Wisconsin deer hunters in 1943. Deer hunting in Wisconsin continues to be popular in the state.  The Savage 99 remains a popular deer rifle, and a Remington model 8 and 81 semi-autos remain in use.

WWII continues to be a fairly popular war, after the fact. I wonder if we will see local social justice warriors calling for the state to tear down Bong's memorial, close his museum, and rename the wildlife preserve and bridge named in his honor.

After all, he was a deer hunter.

For the humor impaired, the previous sentence was satire.

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

Gun Watch

Followup UT: More Details on Starbucks Robbery Suspect Shot by Customer

MILLCREEK — Criminal charges were filed Tuesday against a man accused of running into a Starbucks and attacking an employee before he was shot by a customer.

Benjamin S. Overall, 37, of Salt Lake City, is charged in 3rd District Court with aggravated assault, a third-degree felony, and trespassing, a class B misdemeanor.
More Here

SC: Gun Beats Bowie Knife, Robbery Suspect Shot, Wounded

Officers went and spoke with the man, who said he had been shot in the area of White Oak Lane and Cokesbury Road. Officers searched the area, but couldn’t find a crime scene. The man drove himself to the emergency room, and the car he had been in had blood all along the driver’s side, with a large, bloody Bowie knife on the floorboard, the report said.

Through an anonymous tipster, police learned the man in the hospital had tried to rob someone in the area of White Oak Lane, and the person he tried to rob shot him in self-defense, said Greenwood Police Department Public Information Officer Jonathan Link.
More Here

IL: Robbery Suspect Shot, Wounded

A person was shot Monday evening when he tried to rob someone at gunpoint in the South Side Gresham neighborhood.

During the attempted armed robbery, a fight broke out and the male suspect suffered a gunshot wound to his left arm and a graze wound to the head, according to Chicago police.

More Here

Followup WA: Man Shot in Road Rage Incident Believed to be Aggresor

Sgt. John Hollis said a road rage incident led to Steve Thompson of Joyce, 62, telling deputies he shot Garry Edwards of Joyce, 46, in self-defense with a 9mm Springfield XD handgun.

The Clallam County Sheriff’s Office likely will recommend assault charges against Edwards.
More Here

IL: 70-Year-Old Stops String of Car Burglaries, is Charged with unlawful use of Weapon

Unlawful use of weapon is a $50 fine.

A 70-year-old South Elgin man was cited after he fired a shot in the air to stop a 16-year-old boy later charged with multiple vehicle burglaries, police said.

Police responded about 4:47 a.m. Monday to the 1100 block of Fairfax Lane for a report of gunshots and found the two men fighting in the street in a struggle over a gun, Sgt. Mike Doty said. A police officer kicked the gun "out of the hands of both individuals and the fight was broken up," he said.
More Here

Thursday, October 11, 2018

Brazil Presidential Race may Bring Reforms of Restrictive Gun Law

Popular presidential candidate in Brazil, Jair Bolsonaro, narrowly missed winning with a first round election. In Brazil, there are multiple parties. The top two candidates have a run-off election for the presidency. If one candidate wins more than 50 percent of the vote, there is no run-off.

Jair Bolsonaro won the first round in a crowded field. With 46%, he almost won outright. The next nearest contender received 29%. From
Former army captain Jair Bolsonaro won a resounding victory in the first round of Brazil’s presidential election, raising the prospect of a return of the far-right in a country struggling to emerge from recession and corruption scandals. 
Mr Bolsonaro, who espouses a crackdown on crime and a return to “traditional” family values, won roughly 46 per cent of the ballot as voters rejected Brazil’s political establishment. He now faces rival Fernando Haddad from the leftist Workers’ party, who won nearly 29 per cent of the vote, in a second round on October 28. Mr Bolsonaro needed over 50 per cent of the valid votes to win an outright victory in the first round.

Brazilians are fed up with rampant crime and one of the highest murder rates in the world. Brazil instituted extremely restrictive gun laws in 2003, after gradually making it harder and harder to own and use guns since the 1980's. Brazil's already high homicide rate increased after the extreme gun laws were put in place.

Jain Bosonaro has supported reforms to place into law the right of people to have arms to defend themselves and their property. The laws would not be as protective as the United States Second Amendment.  The  reforms would drop the age requirement for gun ownership from 25 to 21. They would eliminate many current restrictions on ownership. They would explicitly allow for arms ownership for defense of self and property. From
One of the candidates leading the field for October’s 2018 presidential election -- hardline conservative Jair Bolsonaro -- has promised to allow law-abiding citizens to arm themselves, a popular pledge in the nation with by far the most homicides of the entire world. Even before then, Congress may debate legislation to overturn the “disarmament statute,” a law that severely restricts civilian ownership of guns, and virtually bans their carry. The proposal would allow Brazilians with clean criminal records who pass psychological and firearm exams to buy up to six weapons and to carry them.
Now that Bolsonaro is likely to win the Presidency, real reforms of the extreme gun laws are plausible.

Many commentators have referred to Captain Bolsonaro as "extreme" and right wing. Careful examination of his policies show that they are popular. They are only extreme when viewed from the far left. Captain Bolsonaro is compared to President Donald Trump. Few note that both Bolsonaro and Donald Trump promote the empowerment of the law abiding middle class by championing their right to arms.

President Trump champions the Second Amendment of the United States Constitution. Captain Bolsonaro champions a return to more freedom to arms for Brazilians, such as existed before 1980. The Brazilian murder rate has more than tripled since 1980, while the U.S murder rate has dropped.

The correlation does not prove that guns are the cure for crime, or that more guns will reduce crime. It indicates that extreme gun control has no effect on crime.  

Mr Bolsonaro advocated loosening gun ownership laws so individuals can fight off criminals and said police should have a freer hand to use force.

“I voted against thievery and corruption," said Mariana Prado, a 54-year-old human resources expert. “I know that everyone promises to end these two things, but I feel Bolsonaro is the only one can help end my anxieties.”
For law abiding Brazilian citizens who have property, who do not benefit from crime, access to guns gives them reason to trust the state and the police.

The Brazilian government has shown severe problems with corruption. The government of Brazil needs to regain the trust of its people.

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

Gun Watch

AR: Warning Shot Calms Burglary Suspect

Mattson kicked in the front door, setting off an audible alarm. Once inside, Mattson allegedly damaged some items. Mattson then exited the business.

The store owner, armed with a firearm, confronted Mattson, according to the news release. Mattson reportedly pushed the store owner by the chest, according to the news release.

At that point, the store owner fired the weapon, putting a round into the ground. This apparently calmed Mattson somewhat as he provided no further resistance to the store owner, according to the news release.
More Here

VA: Homeowner Fires Warning Shot in Front of Drunk

According to an arrest report, a man was backing a trailer into his driveway on Sealine Drive at about 11:15 p.m. Friday when he noticed an SUV blocking the road. The man said the SUV driver, later identified as Nicholas W. Pinto, 42, approached him yelling and screaming and had his hand behind his back, so he fired a round from his handgun into the ground, and Pinto walked off.

More Here

OK: Homeowner Shoots Man who Charged him

The homeowners told police the man walked outside and then around their house, looking in windows, and at which time one of the homeowners went outside with a pistol and again asked the man to leave.

The man refused and came onto the front porch and charged the homeowner, at which time two shots were fired at the suspect, striking him once.

More Here

VA: Homeowner uses Shotgun to Drive off Masked Men

RICHMOND, VA (WWBT) - A Church Hill homeowner says two masked men tried to break into his home early Sunday morning, but he managed to scare them away with his shotgun.

More Here

TX: Armed Resident Shoots, Kills Suspect

At 2:28 AM, TTPD officers were dispatched to a report of a robbery at a residence in the 800 block of Bowie Street. Dispatch advised officers the caller had indicated he shot someone who had been trying to rob him.

Upon their arrival, officers made contact with Joseph Walker, 32 of Texarkana, Texas, who lived at the residence.

Officers also located Rodney Richardson, 40, of Texarkana, Texas, lying on the ground near the porch of the home. Richardson was suffering from multiple gunshot wounds.

More Here

Wednesday, October 10, 2018

VA: Burglary Suspect Shot, Wounded, Crime Spree Stopped

CHESTERFIELD COUNTY, Va. -- Police said a 19-year-old wanted for an attempted robbery was shot in the foot after he broke into a second home in Chesterfield County Saturday morning.

The first crime happened when police were called to the 6900 block of Amster Road around 9:40 a.m. for a reported assault and attempted robbery.
More Here

LA: Armed Homeowner Confronts Burglars, Shoots, Kills one, Holds one for Police

SHREVEPORT, La. - UPDATE: A Shreveport homeowner has not been charged in a deadly shooting after returning to his residence and encountering multiple burglary suspects inside.

Just after 5:00 p.m. on October 7, 2018, Shreveport Police patrol officers were called to the 3000 block of Marquette Avenue relative to a burglary in progress. Upon officer’s arrival at the scene, it was learned one male was deceased inside the residence and another male was being detained outside the home. Both men were alleged suspects in the burglary at the victim’s home.
More Here

IL: Intruder Disarmed, Shot, Killed, Resident wounded

Authorities said it happened in the 5700 block of North Spaulding after 10:30 Sunday morning.

Police said a man broke into a home and was confronted by two other men. During a struggle the men told investigators they wrestled the gun away and shot the suspect.
More Here

CO: Armed Homeowner Shoots, Kills Intruder

KKTV reported that a woman in the house spotted the intruder and fled upstairs to call 911. A man in the house confronted the intruder and told KKTV he was attacked before he fired his pistol. The couple spoke with the station, which didn’t report their names.
More Here

NM: Occupant Shoots two of Several Home Invaders, Kills one, Wounds one

Investigators say 27-year-old Eduardo Pena and several others tried to rob the people at the home at gunpoint.

An altercation followed and one of the home's occupants shot Pena.

Deming police responded to the scene and had Pena and a woman was also shot taken to a hospital.
More Here

Tuesday, October 09, 2018

Pennsylvania Federal Court Restores Second Amendment Rights to Man Convicted of Repeat DUI

On 28 September, 2018, the U.S. District Court for the Middle District of Pennsylvania restored Second Amendment rights to Raymond Holloway, Jr.

Mr. Holloway had his Second Amendment rights removed after being convicted of driving under the influence (DUI) for a second time, in 2005. The first time was in 2002. Under Pennsylvania law, a second offence with a blood alcohol level above .16%, could be punished as a misdemeanor with up to five years in prison.

After serving his sentence as work-release for 90 days, and paying a fine of $1,500, Holloway has lead a virtuous life without further arrests or convictions.

Holloway attempted to purchase a firearm in 2015. He was denied because of the DUI conviction. People who have state misdemeanor convictions which can be punished with more than two years in jail, are prohibited posessors under federal law.

Holloway sued under the precedent of Binderup v. Sessions, from the Third Circuit, of which Pennsylvania is a part.

In Binderup, the Third Circuit found that minor, non-violent felonies were not sufficient to permanently remove a persons Second Amendment rights. The case was appealed to the Supreme Court, and the Court refused to hear it. Thus, Binderup is binding precedent for the Third Circuit.

From Holloway v. Sessions:

Section 922(g)(1) is unconstitutional as applied to Holloway. Holloway’s disqualifying conviction was not sufficiently serious to warrant deprivation of his Second Amendment rights, and disarmament of individuals such as Holloway is not sufficiently tailored to further the government’s compelling interest of preventing armed mayhem. The court will grant summary judgment, declaratory judgment, and permanent injunctive relief to Holloway. An appropriate order shall issue.
The Binderup v. Sessions decision is far from perfect. It requires individuals to bring lawsuits to regain their Second Amendment rights. Each case is judged individually, at great expense in time and treasure.

As the Second Amendment is restored to full Constitutional authority with other amendments in the Bill of Rights, the number of classes of prohibited possessors should be reduced.

It has been part of the "salami slice" technique used by opponents of an armed population, to keep increasing the categories of people restricted from exercising their Second Amendment rights under federal law.

Justice Thomas has been urging that the Second Amendment be protected with the vigor the Supreme Court uses to protect other enumerated rights in the Constitution, such as the First Amendment.  From scotus
Thomas dissented from the court’s announcement that it would not review a challenge to California’s 10-day waiting period for gun purchases. The U.S. Court of Appeals for the 9th Circuit rejected a challenge by two California men, who had argued that the waiting period was unconstitutional for, at the very least, state residents who already own a gun or have a license to carry a concealed weapon. When the Supreme Court rejected the men’s petition in February 2018, Thomas was sharply critical of both the 9th Circuit’s ruling and the Supreme Court’s disposition of the case. He argued that the lower courts had generally failed to give the Second Amendment “the respect due an enumerated constitutional right.” “If a lower court had treated another right so cavalierly,” Thomas continued, “I have little doubt that this Court would intervene. But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this Court,” and the justices’ “continued refusal to hear Second Amendment cases only enables” the double standard that the lower courts apply to gun-rights cases.

Citizens do not lose their right of free speech or the right to practice their religion if they are under indictment. They do not lose their right to vote because of a restraining order or a minor domestic violence conviction.

These reforms can be accomplished by Congress. They are infringements of Second Amendment rights put in place by Congress, not by the Constitution. 

The Holloway case is another step in the process of restoring Second Amendment rights.

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

Link to Gun Watch

WA: Armed Victim Wounds Carjacking Suspect

PUYALLUP, Wash. - The suspect in an attempted carjacking wound up in the hospital Friday after the intended victim, the driver of the car, opened fire at him, Puyallup police said.
More Here

TX: Gunfight at Gas Station, Victim Wounded

Investigators determined McDaniel was the aggressor in the shooting and Massey acted in self-defense, according to police.

The department said investigators obtained an arrest warrant for McDaniel.

McDaniel was taken into custody about 2:30 a.m. and charged with aggravated assault with a deadly weapon.
More Here

FL: Dispute over Noise, Fence, leads to Gunfight

He said he shot at Castellanos three times, “and then he starts (expletive deleted) shooting at me.”

According to the report, the video showed Castellanos retreat around the side of the entryway. Several minutes later, Karnes came out with the rifle and looked around the side of the house, at which time investigators said “a muzzle flash is seen coming from the area where Gregory was seen,” the report stated. “Matthew ducks back then returns fire one time.”

Five shots, two from Castellanos’ 9 mm and three from Karnes’ rifle, were likely exchanged, the report states.
More Here

TX: Gunfight, Resident and Home Invader Wounded

During the incident, a female resident was shot in the leg. A male who also is believed to live at the home began shooting back at the intruders, police said.
Police say the shootout ended in the front yard when and the two men fled the scene.

More Here

OH: Gun Beats Hatchet in Cleveland

Police were called to a four-unit apartment building in the 1200 block of Tower Boulevard around 8 a.m. today for a man who’d been shot in the stomach. Lorain police Sgt. Buddy Sivert said during the course of an argument, a 30-year-old man got a hatchet, and the other man in the argument shot him in the stomach.

More Here

Monday, October 08, 2018

WI: Disorderly Conduct Conviction for Handing Cardboard with "Gun" Printed on it

On 22 February, 2018, a lone masked man, wearing baggy clothing, buzzed for entrance to the Shorewood elementary school. Shorewood is a pricey suburb of Madison, Wisconsin, where many of the local elite from the University of Wisconsin, have their children go to school.  It was an hour and a half after classes had started.

The man was buzzed into the school, with no identification, in 2.5 seconds. His face was masked.  He walked straight down the school hall and was not challenged or stopped in any way. Classroom doors were open and no one showed concern.

He unmasked as he entered a classroom, and handed the teacher a small piece of cardboard with the word “gun” printed on it.  He told the teacher “You let a masked man into your school”.  He returned to the office and handed the principal, Anu Ebbe, another small piece of cardboard with the word “gun” printed on it, and gave her the same message. Then he left, all before anyone raised any alarm.

Jonathan Fitzgerald was a concerned parent who had been attempting to bring security flaws at the school to the attention of the school administration for months.  He was a graduate student at the University of Wisconsin.

A few hours later, he was arrested and charged with disorderly conduct. Fitzgerald had filmed the incident with his ipad. The ipad was confiscated by the police.

In a criminal complaint from the school, it was alleged staff had followed Fitzgerald, that Fitzgerald had said the word "gun" or "gunman". The staff had not followed Fitzgerald. Fitzgerald had never said the words "gun" or "gunman".

The school administration had been embarrassed by Fitzgerald. To people concerned more about appearance than reality, it is an unforgivable sin.

I happened to be in Madison three weeks after the incident, and was able to develop some local sources and old contacts.

The previous September, Fitzgerald's daughter, in second grade, had wandered out of her classroom, out of the school, and had gone missing for three hours. No one at the school noticed or reported the event. Fitzgerald reported the incident. He met with the principal and the teacher, in the principal's office the next day. He talked to the school principal, in person, several times, about it and lax security.

After Fitzgerald was arrested, a school official claimed, in a public meeting, that Fitzgerald had never complained to the school previously.

Madison is a very leftist town, dominated by the University. The local elites all know each other. The school administration adopted the classic crybully pose. They were the "victims". They had been "traumatized". The school was "disrupted".

During the incident, no one raised their voice. No one jumped out of their chair. No one ran. The children did not show any particular concern.  When Fitzgerald approached the principal, she was still unaware that anything unusual had happened. It was all over in less than two minutes.

With elites, truth is less important than the image of those in power.  The image of Shorewood Elementary School administration had been disrupted.  The trauma was to the image of the Shorewood Elementary Principal, in the community.  Fitzgerald was charged with disorderly conduct, under the Wisconsin State Statute 947.01.
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
A peaceful protest to show flaws in school security was turned into a criminal event.  Fitzgerald could not talk to the media without fear of losing his career. The police had the video. The school denied his previous attempts to have the school take security seriously.

Over several months, concern over the incident died down. Fitzgerald followed the script prescribed by local elites. He did not make any statements. He hired an attorney. The attorney attempted to recover the evidence. He asked for school records of the incident with Fitzgerald's daughter. The school administration resisted with silence. The police  eventually released a copy of the video from Fitzgerald's ipad to District Attorney, who gave a redacted copy to Fitzgerald's attorney in May.

The attorney obtained a subpeona for the school records.
Fitzgerald's attorney was willing to go to a jury trial. The attorney negotiated a plea deal. No jail time and one year probation.   Fitzgerald plead no contest.
A no contest plea is the legally the same as a guilty plea. In the court of public opinion, it is different.  It means the cost of fighting the charge is more than the person is willing to spend.  The school produced the required records in late September.

The hearing occurred on 27 September, 2018. I happened to be in Madison at the time. I have spent far too many years in Madison over my life. Local sources and contacts fleshed out what happened.

The judge was made aware of Mr. Fitzgerald's previous attempts to raise awareness of security flaws at the school.  Records obtained by subpoena from the school confirmed Mr. Fitzgerald's account of his daughter's absence and his concerns in September.

The attorney offered to show the judge the video of the incident of February 22nd.

The Shorewood School Principal asked the judge to suppress the video showing the school incident, to insure it was never seen by the public. The request was not granted.

A local judge has to be careful. The judge is part of the local elite. Offend the local elite, and he may not remain a judge.  The School Principle asked for the maximum sentence of 90 days in jail and a $1,000 fine. She played the crybully card, claiming traumatization and disruption.

Her claims have validity, if you consider the trauma and disruption were to her image.

The judge eliminated the plea deal's one year of probation. He substituted 200 hours of community service, enforced by a potential 25 days in jail. From
Defendant is sentenced to 25 days in the Dane County Jail. That jail term is stayed for completion of 200 hours of community service.
My opinion is the judge did the best he believed acceptable to the local elite. Mr. Fitzgerald  was caught in a local power trap he did not understand or conceive of when he planned his two minute protest of lax school security at Shorewood Elementary.

If I were Mr. Fitzgerald, I would consider the 200 hours of community service a better deal than a year's probation. Complete the 200 hours, and he is a free man.  A year of probation sets up a year of potential future traps.

Some will criticize Mr. Fitzgerald for not fighting the disorderly conduct charges.  His attorney had the video evidence. The attorney had discovery evidence from the school records for his previous attempts to have the school administration correct the lax security at the school.

I do not blame Mr. Fitzgerald for taking a deal. He suffered considerable process punishment. He had to hire an attorney. They are not cheap. He might have won a jury trial, but the local media, reliably leftist, would be all against him. He is in the belly of the beast.  His career lay in the hands of the local elites, which includes the University of Wisconsin. He has a young family and responsibilities. There might have been limitations placed on the evidence his attorney had. The video was never shown in court. It has never been posted on the social media.

Sometimes, a prudent person will minimize their losses, learn their lessons, and move on.

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

Link to Gun Watch

PA: Disarm, Man takes gun from Attacker, Shoots, Kills him

Allegheny County police say 40-year-old Eric Turner, of Clairton, and a 42-year-old man were arguing Wednesday night behind a business in Clairton when Turner took out a handgun and shot the other man in the arm and leg. The two men then started fighting, and the wounded man wrested the gun from Turner and shot him in the head.
More Here

NM: Homeowner Shoots, Kills, Man Attempting Break-in

Police say a homeowner shot and killed a man who was breaking in through the garage of a home in the foothills early Thursday morning.
More Here

TX: Two Burglary Suspects Shot by Tobaccco Store Owner

GILMER — Two burglary suspect were apparently shot by the owner of a tobacco store early Thursday morning in Gilmer.

More Here

UT: Armed 60-Year-Old Stops Attack at Starbucks

Unified Police Lt. Ken Hansen confirmed later that the attacker was shot by a man in his late 60s who saw what was happening while visiting the shop for his morning coffee. The customer drew the man’s attention, and the attacker began to approach him.

As he came closer, the customer pulled out a gun and shot the attacker once in the chest, Hansen said. The man then stumbled out of the store.
More Here

Sunday, October 07, 2018

OK: Homeowner Shoots at Man Attempting Break-in

  • Tulsa police told FOX23 the man tried to knock on the door to have the homeowner let him in and broke a window when he could not get in.
  • The homeowner fired a shot at him through the door but did not hit him.

More Here

NC: Domestic Defense? Man Visiting House Shoots Someone in Self Defense

A male acquaintance of someone at the house came to the home, Newnum said. Someone else at the house pulled a gun on the man and the acquaintance shot that person.

The victim was taken to the hospital with injuries that were described as not life-threatening.
More Here

FL: Store Owner Shoots Man who had Hatchet in Hand

Police say a fight then broke out when Dunn confronted the man, 50-year-old Cristobal Lopez. That's when Dunn reportedly shot Lopez, hatchet still in hand.

More Here

WA: Man at ATM, Rock and Gun in Self Defense?|

That’s when the man picked up a rock and hit one of them in self-defense. He also pulled out a handgun as they scattered – no shots were fired but that too was in self-defense, so far as police have found. Officers were arriving by then and detained the man while sorting out what had happened.

More Here

Saturday, October 06, 2018

IA: Domestic Defense, Man uses 9mm to stop Break in at 4:10 a.m.

Court records allege Thompson pried on a door to the Butler Street home and then broke glass to reach through and unlock the door around 4:10 a.m. Saturday. Residents heard the noise, and one grabbed a 9mm pistol to investigate.

The resident found Thompson at the bottom of the stairs, and he pointed the gun at Thompson and told him to leave, court records state. Thompson responded by yelling “I’m going to (expletive deleted) kill you all” and left.
More Here

TN: Gunfight with Four Home Invaders, no one hit

Investigators say four masked people tried to enter the home, but the home owner got into a shootout with them.

But it doesn’t seem like anyone was hit at this point.

More Here

Followup TN: Man Killed in Gunfight at W. Eastland and McFerrin Identified

Police said multiple people in a Ford Mustang and Chevrolet Impala exchanged gunfire at the intersection of W. Eastland and McFerrin.

According to the Metro Nashville Police Department, the man inside the Mustang was killed. He has been identified as 25-year-old Deangelo Knox.

More Here

FL: Domestic Defense, Father Shoots 56-Year-Old Son

PUTNAM COUNTY, Fla. - A 77-year-old man shot his adult son after the son brutally attacked his father in a drunken rage, according to the Putnam County Sheriff's Office.

The son, who was identified by deputies as 56-year-old Roger Deal, is charged with domestic battery by strangulation, assault on a person older than 65 and burglary.
More Here

Friday, October 05, 2018

DE: 73-Year-Old Shoots Intruder

Further investigation revealed that the 45-year-old male from Greenwood had entered onto the property without permission.  The residents became aware that someone was trespassing in their barn when their alarm activated.  The residents, a 73 year-old male and he and his 65 year-old wife responded to the barn where they discovered the male subject.  The male resident discharged a firearm and struck the intruder.

More Here

CA: Armed Mother holds Intruder for Police

TAFT, Calif. - A Taft mother held a burglar at gunpoint in her home until police arrived Sunday morning, and it was all caught on surveillance cameras.

According to police, 25-year-old Aoreliorho Velasco snuck into Brittany Morse's home on the 500 block of Keene Lane. He stayed there for three hours.
More Here

GA: Man Shoots at Intruders, Wounds One

The incident happened at about 7:20 a.m. at 302 Oak St., according to a news release from the Fort Valley Police Department. Cedric Perry, 35, told officers that two men tried to ambush him at his home, and he fired at them.
More Here

SC: Homeowner shoots at Man Breaking Into Home

Orangeburg, SC (WLTX) - Orangeburg County deputies say a man shot at a suspect who was breaking into his home.

Michael Rowe, 37, has been charged with second-degree burglary and breaking and entering into an automobile.

More Here

GA: Armed Employee Stops Robbery Attempt

In the security video, you can see Lawrence turn around and try to get a good distance from the men. Police say they believe the two men were attempting to rob the store. Lawrence saw one of the men had a gun. Lawrence pulled his own gun out and told them to leave. He then chased them out the store.

“When they got to the edge of the street, they kind of acted like they were about to turn around,” said Lawrence. “So, I just fired two warning shots.”
More Here

Thursday, October 04, 2018

MO: Gunfight, two Homeowners Shot, Killed by Home Invasion Suspects

On Sunday, Sept. 30, Dallas County deputies were dispatched to a home in Tunas, Mo. Officers found two homeowners deceased outside the residence. In a press release, Dallas County wrote, "It appears that during the early morning hours of this same date, the homeowners interrupted an attempted robbery/invasion. The homeowners engaged in a gun battle with the intruders, resulting in the loss of their lives."

More Here

Followup VA: Intruder shot by Homeowner Died in Hospital

The man shot by a Pittsylvania County homeowner after officials say he tried to force himself into the person's home on Sunday night has died, according to investigators.
More Here

NC: Domestic Defense, Wife Shoots Estranged Husband

SPOUT SPRINGS — A Harnett County woman shot her estranged husband on Sunday morning, the Harnett County Sheriff’s Office reported, after he broke into her home and attacked her and a child.

The husband was in serious condition at Cape Fear Valley Medical Center in Fayetteville following the shooting, the agency said.
More Here

NC: Repairman Uses Glock to Stop Attacking Monkey

The monkey bit the woman and scratched her arms and legs, drawing blood, police said.

The monkey then ran across the street and banged on a neighbor’s glass door, Shallotte Officer Jordan King told the Observer in a separate phone interview. As the repairman approached, the monkey turned and ran at the man, Holman said. The repairman shot and killed it with one shot from his small Glock handgun, according to Holman.
More Here

CA: Abused Woman Shoots Criminal Boyfriend who Kidnapped, Assaulted Her

THOUSAND OAKS, Calif. (KABC) -- A 25-year-old man who allegedly sexually battered his girlfriend and assaulted her with a firearm told sheriff's deputies that he had been shot by her when they found him covered in blood early Saturday morning in Thousand Oaks, authorities said.
More Here

TX: Armed Homeowner holds Burglary Suspect for Police

Tuesday morning, the homeowner said he saw Kirk loading an air compressor and hose from the house into the bed of a pickup truck.
Using his vehicle, he blocked Kirk in, held him at gunpoint and called 911.
Deputies arrived and took Kirk into custody.

More Here

CA: Man Holds Burglary Suspect at Gunpoint, for Police

Later on Wednesday, the son of the homeowner who was burglarized on Tuesday spotted McManus. The homeowner, who has a concealed weapons permit, held McManus at gunpoint until deputies arrived.

McManus is facing charges of burglary, assault and fleeing from officers.
More Here

Followup NC: Domestic Defense, No Charges for Landlord that Shot man to Stop Attack

"I had (the door) locked, and he kicked the lock out," Ellison said. "He came in the house, grabbed a hold of her and started dragging her through the kitchen, knocking all of my stuff over."

Ellison, 74, usually keeps his gun at his side, but this time, it was out of reach.

"I had left my gun in the truck, and I went out to the truck and I got my gun, and I come back in through the back door, and he had her right here -- beating on her," Ellison told ABC11

Ellison said the boyfriend then came after him.

More Here

TX: Shooting Outside High School Football Game Judged Self Defense

Police said both men were sitting in the home stands of the JV game between Hebron and Irving Nimitz when the argument began. The men decided to take their disagreement to the parking lot and that's where one of the men pulled out a gun and shot the other.

Several witnesses, police said, supported the 47-year-old man's account that he was acting in self defense when he shot the other man in the upper chest. The injured man, who is expected to survive, was taken to Texas Health Presbyterian Hospital of Plano where he is listed in critical condition.

More Here

Wednesday, October 03, 2018

WI: Armed Resident Shoots, Wounds Fugitive Suspect

The pair then fled on foot into a wooded area nearby. Officers searched for them overnight using police dogs, while deputies went door-to-door in the area warning residents that the search was underway. At about 3:45 a.m., at least one of the men allegedly attempted to get into a home on the 14600 block of Highway C. The resident fired shots at the man.

Pitts was found at 7:40 a.m. riding a bicycle south on Interstate 94 in Bristol. When stopped, he told police he had been shot. He was treated and released at a local hospital before being taken to jail.
More Here

Tuesday, October 02, 2018

Police Shot, Wounded at Wrong address, no Charges for Home Defender in Maryland

Image from

On 19 September, 2018, in Maryland, police were executing a search warrant related to the drug trade. There were nine of them. They had the wrong address. Maryland has some of the most restrictive gun laws in the nation. The resident had a shotgun, and heard the police breaking in his house. The raid erupted into a gunfight, and two police officers were injured enough to require hospitalization. From
The shooting took place Wednesday night as a unit of nine officers served a search warrant at an apartment complex about 20 miles south of the nation's capital. After knocking on the door and getting no response, officers used a device to open it.

The resident, who had fallen asleep and didn’t hear police announce themselves, fired a shotgun as soon as officers opened the door, striking one in the shoulder and the other in a hand, officials said. One officer returned fire, but didn’t hit anyone.

The man immediately surrendered once he realized they were police officers, officials said.

“You got the wrong address. Don’t shoot my daughter,” the father said, according to Stawinski.

The chief apologized for the blunder and said there will not be any criminal charges filed against the resident, Washington news station WTOP-FM reported.
This is the latest in a series of cases where it has been acknowledged that homeowners have a right to defend their home, even against police, if a warrant is served improperly.

In 2007, in a SWAT raid of the wrong address, Vang Khang shot at police officers as they broke into his family's home.  The police eventually settled the case for over $600,000.  No one was hit.

Adrian Perryman was found not guilty of shooting at police in another failed SWAT raid that ocurred in 2010.

Brandon Watson was found not guilty after shooting out a window when police officers lit him up with laser sights in January, 2013.

Hank McGee was not indicted for the fatal shooting of a deputy in a no knock raid in late 2013.

Dallas Horton was not even arrested for shooting the Police Chief in Sentinel, Oklahoma, in 2015.

On August 30 of 2015, Darrel Burt shot a police officer.  On September 2nd, 2016, he was found not guilty, by reason of self defense.  He was wounded in the elbow during the incident. He had been drinking, and is a veteran. 

Fortunately, these cases are rare.  They will become even less frequent as the digital recording revolution reaches saturation, where nearly all public events are recorded all the time.

One of the major purposes of warrants is to insure that the person being served knows that the search is being conducted in accordance with due process, and has been authorized by a judge.  This is to insure it is not a freewheeling exercise of police power or freelance criminals masquerading as police to enhance their chance of success with robbery, assault, rape, and murder.

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

Gun Watch