Thursday, January 17, 2019

Terry Holcomb, Second Amendment Activist, Prevails against Waller County Tyranny



In August of 2016, Terry Holcomb, a Second Amendment activist, wrote a letter to Waller County, Texas. The letter asked Waller County to stop breaking the law, according to what had been passed in the 2015 legislature.  Some county officials disagreed with the Texas Attorney General, on what the law meant.

So Waller County sued the Second Amendment activist, in an attempt to undercut the Attorney General. This was a direct violation of Texas Law, the Texas Constitution, and the First Amendment of the United States Constitution.

A Government entity is forbidden from suing a citizen, merely for complaining against it, and asking the entity to follow the law.

The case has been in the courts for over two years. The Second Amendment activist has been vindicated. He has not yet been paid the attorney fees and costs he is due. Here is the timeline:

 On the 28th day of November, 2016, Judge Albert M. McCaig, Jr. found for Waller County.

Terry Holcomb filed for an extension to appeal, to the Texas Court of Appeals in Houston on 21 November, 2017.

On 5 January, 2018, the County Judges and Commissioners Association of Texas issued an amicus brief to the appeals court, contending that Waller County had every right to sue Holcomb, and the appeals court should rule against him. From txcourts.gov:
The County Judges and Commissioners Association of Texas seeks to avoid the negative impact that will result if the district court decision is reversed. Accordingly, the County Judges and Commissioners Association of Texas has paid all fees and expenses associated with the preparation of this brief.
On 15 March, 2018, the Court of Appeals found for Terry Holcomb. They found there was no standing to sue Holcomb, because Holcomb did nothing wrong. He merely complained.   From caselaw.findlaw.com:
The trial court lacked subject-matter jurisdiction to hear Waller County's declaratory-judgment action, and we therefore reverse the summary judgment that the trial court rendered in Waller County's favor. We remand the case to the district court with instructions to dismiss the County's suit for lack of subject-matter jurisdiction after holding further proceedings for the limited purpose of awarding Holcomb his court costs, reasonable attorney's fees, other expenses incurred in defending against the action as are equitable and just, and any other relief available under the Citizens Participation Act.
Waller County filed an appeal to the Texas Supreme Court. The Supreme Court denied the petition and ordered Waller County to pay costs to Terry Holcomb.

From scotxblog.com:
WALLER COUNTY, TEXAS v. TERRY HOLCOMB, SR. The Court denied review of the petition on August 31, 2018
From txcourts.gov:
     I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case numbered and styled as above, as the same appear of record in the minutes of said Court under the date shown.

It is further ordered that petitioner, WALLER COUNTY, TEXAS, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this the 15th day of October, 2018.
The Attorney General, Ken Paxton commended the action by the Supreme Court of Texas. From texasattorneygeneral.gov:
Attorney General Ken Paxton today commended the Texas Supreme Court after it left intact a state appellate court decision that sanctioned Waller County for suing a private citizen who complained that the county was unlawfully banning firearms from its government building.

“Today’s ruling represents a huge win for individual freedom, the First Amendment and the right of citizens to participate in government,” Attorney General Paxton said. “Waller County had to be stopped from using litigation to muzzle someone who simply called on it to stop violating state law. The Supreme Court’s decision should deter other Texas governments from similar conduct.”

Last March, the First Court of Appeals of Texas overturned a Waller County district court’s ruling, concluding that the county lacked jurisdiction to sue Terry Holcomb Sr., and that he had a constitutional right to ask the county in a letter to comply with Texas’ open carry laws – without fear of a retaliatory or meritless lawsuit. The attorney general’s office filed a brief in the case, arguing that it should be dismissed.
According to Terry Holcomb, he and his attorneys have yet to be paid.  The case to determine payment is yet to be on the docket. The wheels of justice turn slowly.

The Texas Appeals Court and Texas Supreme Court found it wrong for a government body to sue a citizen who complained and asked them to follow the law.

It is astonishing that the County Judges and Commissioners Association of Texas attempted to convince the upper courts that a county government could legitimately sue a citizen, simply because they asked the County to follow the law.

Potential tyrants live at every level of government.  Terry Holcomb and patriots like him are needed to keep the tyrants in check.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch









AR: Man Wounded and Held for Police during attempted Burglary



He went to investigate and discovered a man in a truck attempting to steal a trailer from a shed at the abandoned house. Loe said the would-be thief attempted to run over Nipper. Nipper was able to fire a shot, hitting the suspect in an arm.

The suspect drove a short distance before the vehicle pulled into a ditch and became stuck.

Accounts said Nipper held the suspect until Columbia County deputies arrived.
More Here

FL: Gunfight, Wounded man Fatally Shoots Attacker

A witness told police two men were arguing over the Los Angeles Rams-Dallas Cowboys game when 37-year-old Brandon Grant shot 35-year-old Willie Byrd.
Police said Byrd fired back, fatally wounding Grant. A relative took Grant to Bethesda Hospital in Boynton Beach where he died.

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PA: 90-Year-Old Man Shoots, Wounds, Intruder at 3 a.m.


Police say Adam Gelatt repeated banged on the back door at about 3:00 am. Gabriellini went to the door carrying a revolver. Gelatt told the older man that he wanted to come in the house and he wanted a cigarette. Gabriellini told Gelatt he could not come inside, and Gelatt responded that he was going to enter the home anyway. Gelatt then pulled what Gabriellini thought was a gun from his pocket. Gabriellini then raised his gun and shot Gelatt in the leg. Gabriellini then locked the door and called police.
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MD: Liquor Store Employee Shoots 1 of 2 Robbers



For the second time in two months, the House of Spirits liquor store in Canton was held up at gunpoint. This time, the robber was shot by an employee.
More Here

Boston Mayor Wants to Mandate Doctors to ask if Patients own Guns



Boston Mayor Martin Walsh wants to mandate that Doctors teach patients about gun safety. It appears to be another Orwellian definition. Gun safety in these circumstances seems to mean getting rid of guns. There is no mention of using known gun safety experts who have been working on the subject for decades. From bizjournals.com:
Involving doctors in gun safety: This act would require medical professionals to ask patients about guns in the home, and bring up the topics of gun safety. The goal, Boston Police Commissioner William Gross said, is to identify those at risk for domestic violence, suicide or child access to guns in order to guide people to mental health counseling, resources or other help. “We’re just asking them to help identify ways to save lives,” Gross said.

The fact that a patient owns guns would not be put in their medical record, and is not intended to have physicians help solve crimes.

Chief of Health and Human Services Marty Martinez said that while the program is already common practice at many of the city’s community health centers, legislation would broaden the program statewide.
The claim is the ownership of guns will not be put in a patients medical records. If not, how will the ownership of guns help to "guide people to mental health counseling, resources, or other help"?  Maybe the information will be stored somewhere else.

This is part of the Progressive push to medicalize all of society. Some of the first big wins of Progressives were to exclude medical issues from most Constitutional protections, in the name of "safety".  The big issue was mandatory vaccinations. Mandatory vaccination arguably violates the First and Fourth Amendments to the Constitution.

That is the model being pushed with guns.

There are big differences.

No one claims smallpox is a Constitutional right.

Half, or more, of the population understands that being armed offers many advantages to the person armed. It is why Americans tenaciously support the Second Amendment.

The tactic used by Progressives to undermine and destroy the Second Amendment is to propagandize the population into believing they are safer when they are disarmed. Rudyard Kipling had an answer to in his poem, Gods of the Copywrite Headings:
When the Cambrian measures were forming, They promised perpetual peace.
They swore, if we gave them our weapons, that the wars of the tribes would cease.
But when we disarmed They sold us and delivered us bound to our foe,
And the Gods of the Copybook Headings said: "Stick to the Devil you know."
It is a longtime tactic of those who want the population disarmed.

Nearly all health journal studies about firearms have the same basic fallacy: They assume that firearms only have bad effects. They fail to consider positive effects. It is as if they tested a new treatment, and only checked to see if there were bad side effects, and never considered if the treatment worked.

Most of the health journal studies have this blind spot, because the authors have chosen to be unarmed. They do not wish to learn that being armed has positive effects. To do so would challenge their world view. People become very uncomfortable when their world view is challenged.

There is at least one study about firearms and outcomes, published in a medical journal, that did not assume firearms always resulted in bad effects. Their  finding was the increases in the legal carry of firearms had no effect on homicides or violent crime.

Requiring doctors to ask patients about gun ownership stigmatizes gun ownership. It is a way of chilling the exercise of Second Amendment rights.

Mayor Walsh is not part of the Massachusetts legislature. But he has a large influence in state politics.

Massachusetts is one of the least Second Amendment friendly states in the Union.

Will the legislature require doctors to ask about gun ownership in Massachusetts?

They may. It diverts attention away from the high homicide rate in Boston.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Wednesday, January 16, 2019

TX: Gun Beats Crowbar as Homeowner Stops Break-in

Houston police said the homeowner was arriving home when he noticed a man trying to break in. Police said the suspect tried to attack the man with a crowbar and that's when the homeowner shot him.

More Here

CT: Home Invasion, Homeowner Fires Gun, no One Injured



Police say they received a 911 call at around 2:00 a.m. The homeowner reported being awoken from his front door being kicked in, said police.

According to police, the homeowner checked on his house with his gun. He was met by a masked, armed intruder.


Police say the homeowner met a second intruder and fired his gun.
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NE: Armed Owner's Son Protects Woman, Employees from Man with Knife

The woman said the man with the knife was high on meth.

Amato's son, Tony, said he saw the man make his way around the building to the back door, which leads to the kitchen, eventually forcing it open.

"When he stepped in, his knife was in his hand and he kind of lunged," Tony said, "and that's when I went from finger off the trigger to finger on the trigger, and I told him 'I will shoot, I will shoot.'"

This is the first time Tony has had to point his gun to protect his family's restaurant, he said.

"I have always worried about Tony having a gun, but thank God he had a gun," Amato said.

After throwing his knife away and backing out of the kitchen, Amato says the man climbed on top of the car and started screaming.
More Here

CO: Off-Duty Officer Shoots Driver Leaving Scene of Altercation



Police said two officers who were off-duty heard a fight going on between a man and a woman in a parking lot of the Orchard Town Center. That’s located just off Interstate 25 and West 144th Avenue.

The officers intervened when the man tried to leave the parking lot in a vehicle. The driver struck one of the officers and the other officer fired his weapon at the driver.

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OH: Store Owner and 70-Year-Old Employee Shoot at Armed Robbers



The 59-year-old store owner and 70-year-old employee repeatedly told the duo to take off their hoods, police reports say. The two refused, pulled out gun and demanded money from the cash register, according to police reports.

A 46-year-old employee working the register handed the man the cash drawer that had about $80 in it, police reports say.

The 70-year-old employee saw the robbers with guns out and pulled out his gun, police reports say. He fired four shots at the robbers, according to police reports.

The store owner pulled out his gun and fired a shot, police reports say. Both robbers ran out of the store and went different directions, police reports say.
More Here

Followup FL: Michael Drejka Lawyers Lean Against Stand Your Ground Defense

Michael Drejka is the man who shot and killed Markeis McGlockton after McGlockton knocked him down from behind in a parking lot.

LARGO — Defense lawyers for Clearwater parking lot shooter Michael Drejka said Friday they were leaning against using a stand-your-ground defense for their client, the strongest indication so far of their legal strategy ahead of a trial set to begin in August.
More Here

Tuesday, January 15, 2019

Second Amendment Prayer for Justice Ruth Bader Ginsburg


The Prayer for Ruth Bader Ginsburg was popular, so I wrote a more specific one for Second Amendment supporters. It has been published at Ammoland.

Second Amendment supporters want  to see President Trump appoint more originalists and textualists to the Supreme Court.  The most likely Justice to create an opening is Justice Ruth Bader Ginsburg.

Justice Ginsburg voted against  the Heller decision. She voted against the McDonald decision. Her opinion on the Second Amendment is clear. Then is then, now is now. The Second Amendment should be defined as inconsequential, because it is old. From armsandthelaw.com:
"If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new," she said. "It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation.""
Ruth's position, is to define the Second Amendment out of existence, without any real argument, because it is old. The fallback position is that the Second Amendment does not apply to individuals. That is the essential Progressive position on the entire Constitution. It is old, therefore we can ignore it.

I have read a few Second Amendment supporters who openly wish for Justice Ginsburg's death. This is wrong.  To borrow a common phrase: We are better than that.

Jesus told us to love our enemies. It does not mean we must be pacifists. It does not mean we must empower our enemies. It does not mean we do not oppose our enemies.

It means we recognize that all are sinners, all need God's grace.

Justice Ginsburg needs God's grace as much as anyone does.

She is old, ill, and at 85, near death.

Here is my prayer for Ruth Bader Ginsburg:

Dear God, please open Ruth's heart so that she knows that she has sinned. Help her to understand that she is not a god.  Help her understand you are in charge. 

None of us know what you know. Please humble your creation, Ruth Bader Ginsburg, so she will open her heart to you, and accept your son, Jesus, as her savior. 

Lord, you wish all to be saved. All have fallen short of your perfection. While Ruth has done many things we see as evil, only you know her part in your plans. 

Lord, we look to you to open Ruth's eyes, to humble her heart, to help her seek your grace.

I, Lord, was an agnostic for 40 years. I needed to be humbled to come to you. 

If it be your will, Ruth can also be humbled and saved.  She has to chose. Lord, if it be your will, make the way for her choice clear, and easy.

The election of Donald Trump has given her pause. She sees her death may not be at the end of a long and successful career of redefining the Constitution in Progressive terms. 

Instead, it may serve as a means of restoring the Constitution to its original meaning. A different Justice, an originalist and textualist Justice,  may replace Ruth on the Supreme Court.

May that realization bring Ruth closer to you, to ask for forgiveness and guidance.

Ruth, God will help you, if only you humble yourself and ask for his help.

Lord, help Second Amendment supporters to humble their hearts.

Help Second Amendment supporters to love their enemies, and wish for the salvation of those who work against them. 

In the name of your son, Jesus.

Almighty God, may your will be done.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 


TX:Gunfight, Homeowner and at least 1 Home Invader Wounded



CONROE, Texas - The Montgomery County Sheriff's Office is investigating a home invasion case that left a homeowner and robber shot.

The shooting occurred around 10:30 p.m. Friday on Leafy Meadow Drive, and when deputies arrived they found the homeowner wounded in the back after two robbers left.
More Here

TX: Guard, in Choke Hold, Wounds 1 of 2 who Attacked Him



Police said a patron was asked to leave the downtown bar because he was highly intoxicated and bothering others. The man was escorted by a security guard after he began arguing. Once the man was in the parking lot he started fighting the security guard. His friend jumped in and put the security guard in a choke hold, police said. The security guard fired one shot striking the friend's belly.
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MA: Father Fires Warning Shot, Drives off Armed Robber



When the seller – a 15-year-old boy – approached the rear passenger window and showed his iPhone , the buyer pulled a white framed handgun from his waistline and pointed it at him.

Startled and in fear for his life, the boy ran away from the vehicle shouting “gun!” And while looking back, the young man tripped and fell to the ground right after noticing the man still pointing the handgun at him…

When boy’s father witnessed his child fall to the ground shouting “gun,” he pulled his own gun and fired a “warning shot” into the air, effectively causing the robber’s vehicle to immediately flee the driveway in an unknown direction.
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IL: CCW Holder Shoots, Wounds Armed Robbery Suspect at Internt Arranged Sale



Dye pulled out a handgun and the victim, who has a concealed-carry permit, pulled out his own gun and fired three shots at Dye, police said. Dye was hit in the leg and the other male suspect ran away.

Dye, who lives in Waukegan, was taken into police custody and brought to a hospital with injuries that were not though to be life-threatening, according to police. He was charged with armed robbery and aggravated unlawful use of a weapon.
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MO: Three Suspect Commit Armed Robbery at Bar, Victim Fires at Them




The victims inside the bar then reportedly relinquished their property and the suspects left the bar.

After the suspects left, one of the victims, described as a 44-year-old man, followed them outside and into an alley. Once in the alley, one of the suspects pointed a gun at the man, who then, fearing for his safety, fired at them using his personal gun, according to police. The man said he was unsure if any of the suspects were struck by his gunfire.
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TX: Gunfight, Suspect Stealing Trailer Wounded with Birdshot



Two men reportedly stole the trailer around 4:00 a.m. Thursday morning on Painted Horse Street, near Old Pearsall Road and War Cloud.

Police say the owner followed the two men and confronted them. Gunfire was exchanged and one of the men was hit by birdshot from a shotgun. The other man took off.
More Here

Monday, January 14, 2019

LA: Armed Suspect Shot, Clerk Shot in Armed Robbery


The suspect in an attempted robbery at the Cooper Lake Grocery in Morehouse Parish died at an area hospital from injuries sustained in a shooting.

Law enforcement has identified the suspect as Barak Dale Milton, 40, of Church Point, Louisiana.
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IN: 1 of 3 Shot and Killed with Return to Burglary Scene



INDIANAPOLIS, Ind. –Police say a person shot and killed one of three men attempting to burglarize a home on the southeast side of Indianapolis Thursday night.

Officers were called to the scene in the 6400 block of Winslow Drive at about 6:30 p.m.

Police believe the suspects had burglarized the home earlier in the day and were returning to steal more items.
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Followup IL: Man Shot by Female CCW Holder Had Criminal History

CHICAGO (WLS) -- The man shot and killed by a woman he was trying to rob at a Chicago bus stop in the Fernwood neighborhood had a criminal history.

The incident in the 500-block of West 103rd Street Tuesday morning was captured on surveillance video.
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NJ: Resident Disarms Acquaintance who showed Pistol



While there, Coulanges allegedly showed a semi-automatic handgun and a physical altercation began, Robertson said.

During the fight, the male resident was able to grab the handgun and fired it at Coulanges, Robertson said.
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WI: Madison Man fires at two Intruders




MADISON, Wis. - Police are looking for two suspects they say tried to burglarize a house in downtown Madison before being confronted by a resident with a gun.
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SC: Domestic Defense, Man Shot Man Beating Woman



The woman said the gunshot victim arrived at the residence at about 10 p.m. on Jan. 6 and the couple argued throughout the night.
She told police at about 4 a.m. she awoke to find the man standing over her. He then allegedly began punching her in the face and attempted to strangle her.

The woman told her son to run to the neighbors and call for help.
As the young boy ran outside, the man reportedly pursued him.
When the man reached the door headed outside, the woman told police that she jumped on his back. He broke loose and went outside.
The man who owns the residence came out of his bedroom with a loaded rifle and reportedly shot the man as he attempted to come back inside the house.

More Here

Sunday, January 13, 2019

Followup OK: No Charges for Walgreens Clerk that Shot Customer who pulled Gun on Him



Tulsa homicide detectives confirmed that the Walgreens clerk involved in the shooting will not be facing charges. Sgt. Brandon Watkins said the police department determined it to be a clear-cut case of self-defense, and they will not be submitting an investigative report.
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Followup TX: Man Shot by 68-Year-Old was Richard Bius


The Nueces County Medical Examiner's office has identified the man who was fatally shot Monday after police said he allegedly tried to break into a Corpus Christi apartment.

Richard Bius, 41, was shot by a 68-year-old man who told police he saw a man on the balcony of his second-story apartment. The incident occurred in a complex on the 6100 block of Wooldridge Road.


More Here

FL: Armed Resident Holds Teen Criminal for Police


A burglary was interrupted when the resident of a home held the suspected burglar at gunpoint until police arrived on the scene.

According to Cape Coral Police, Tre Sterling Estes-Stalnos, 18, who was previously shot by police and arrested during a 3-hour standoff in May, 2016, was arrested again, this time for Grand Theft of a Firearm.
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TN: Armed Victim Holds Car Thief For Police

According to a police report, the victim heard something in his backyard Sunday, Jan. 6. When he went too look he saw someone driving off in his 2001 Honda Accord.

The report says the victim grabbed a shotgun and held the suspect at gunpoint until police arrived. Officers then arrested Alfred Ivery for motor vehicle theft.

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SC: Shooting by Wyatt Shane Altman was Justified



Charges against Wyatt Shane Altman, 20, in the 2017 death of Dylan Wayne Hanna, 18, will be dismissed due to the stand your ground defense raised his in case, according to officials with the 12th Circuit Solicitor Ed Clements.

Clements said Circuit Court Judge Thomas Russo issued an order Monday, which hasn't been filed yet, granting Altman’s request to have his charges dismissed following a hearing last week.

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KY: Burglary Suspect Shot After Struggle



The Pulaski County Sheriff’s Office confirmed it is investigating a residential break-in that resulted in the shooting of the suspect. They say that William Auxier entered a home on Rocky Point Road near Ky 790 Tuesday night and was confronted by the homeowner, who then opened fire on the suspect after a brief struggle.
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‘I Cannot Comply’: A Second Amendment Advocate’s Fight Against the City of Boulder, Colorado


A Second Amendment advocate fighting against a constitutionally questionable gun ban and certification ordinance in the city of Boulder, Colorado, says he and his daughter have been targeted and bullied as his case winds through the court system.

The city last May passed an ordinance requiring gun owners to “certify” their “assault weapons” or remove their firearms from city limits. Those who didn’t could face fines, jail, and confiscation and destruction of their firearms.

The next day, attorneys from the conservative Mountain States Legal Foundation sued the city on behalf of Jon Caldara, Boulder resident and president of the Independence Institute; the Boulder Rifle Club Inc., a Colorado nonprofit corporation; a member of the University of Colorado Shooting Team; and others.

The foundation argues that the ordinance violates multiple provisions of the U.S. Constitution and the state constitution, and at least two state statutes.

The foundation asks two key legal questions regarding whether a municipality “can undermine the exercise of fundamental and unalienable rights and ignore the U.S. Constitution and controlling Supreme Court precedent?”

Additionally, it questions if the city can legally “ignore its state constitution and state law by infringing upon and criminalizing an individual’s unalienable and natural right to self-defense, and the right to keep and bear arms?”

City Ordinance 8245 banned the sale and possession of guns in the city defined as assault weapons in addition to bump stock devices and large magazines, and banned the sale and possession of weapons to anyone under age 21. Gun owners of such magazines had until July 15, 2018, to either sell or dispose of these items.

The ordinance includes a grandfather clause that permits owners of these firearms to keep them in their possession if they receive a certificate from the local sheriff’s office proving their ownership and certifying their firearms. The law also bans them from openly carrying their rifles and shotguns.

“My hope is that we will see more bans at the state level and one day at the federal level so these weapons will no longer be available,” City Councilman Aaron Brockett said after the ordinance passed.

But Dudley Brown, executive director of Rocky Mountain Gun Owners, told Watchdog.org, “The Boulder gun control ordinance is yet another dive into fantasy by a city already deep into socialism.”

Two groups not a part of the lawsuit, the Colorado State Shooting Association and Boulder-based Gunsport of Colorado, say the ordinance is invalid because it conflicts with state law.

Police and city officials have said that there is little they can do to enforce the ordinance. The Boulder Police Department has issued 87 certificates since the ban passed in May.

Plaintiff Jon Caldara does not have one.

“I did not comply. By my very core principles I cannot comply,” he told Watchdog.org.

Caldara added that no city or law enforcement authorities have contacted him, but his daughter has been bullied at her school because of his position.

“This is a very divisive issue where people have very strong feelings,” City Attorney Tom Carr told the Daily Camera. “The folks who oppose these kinds of bans … some of them suggest they’re not going to cooperate. I can’t predict what people are going to do, but I respect the feelings.”

In an op-ed Caldara wrote that was published in numerous Colorado publications, he argued that any other member of the public who is not a gun owner would never be subjected to such restrictions. He said they “would never be forced to self-identify to government authorities, to submit to inspection, to be registered, and made to pay fees to keep your core beliefs. My strong belief in my Second Amendment rights is core to who I am.”

Because he owns a long gun with a pistol grip and a detachable magazine, Caldara said he was required to self-identify to the police, present himself for investigation and his gun for inspection, and pay fees in order to receive a police-issued certification—or potentially go to jail, pay a fine, and have his firearms confiscated and destroyed.

But Caldara has not been charged with committing a crime.

Since he took his public stand against the city of Boulder, Caldara says his daughter has been bullied at her school, “the one with posters celebrating tolerance and diversity all over the walls.”

Teachers have criticized his stand on the Second Amendment to entire classes, and students “ganged up on” his daughter, telling her that “her father is a murderer.”

In September, the U.S. District Court for the District of Colorado deferred to the Colorado court system to determine whether the city had the authority to enact the ordinance at all.

“While we will always support the principle of federalism, this decision forces the people of Boulder to wait to vindicate their rights under the U.S. Constitution,” Cody J. Wisniewski, the lead attorney on the case, said. “We will not give up the fight to defend the constitutionally protected rights of the people of Boulder.”

https://www.dailysignal.com/2019/01/07/i-cannot-comply-a-second-amendment-advocates-fight-against-the-city-of-boulder/

Saturday, January 12, 2019

AZ:; Suspect in Several Break-In Attempts Shot and Killed



TUCSON, AZ (Tucson News Now) - Authorities said a man who was trying to break into several homes was killed and another man was injured early Monday, Jan. 7 in an incident on the south side of Tucson.

The Pima County Sheriff’s Department said it began around 3:30 a.m. in the 1200 block of East Summit Street, which is near Old Nogales Highway.

More Here

Followup IL: Disarm by Mortally Wounded Suspect


CHICAGO (CBS)– Residents are praising the 25 year-old woman, with a concealed carry license, who shot and killed a man who was trying to rob her at a bus stop.

Surveillance video shows the woman waiting alone at a bus stop at 103rd and Wallace around 5:45 a.m. Tuesday. Police say a 19-year-old man, in a light colored hoodie, pulled a gun on the woman in an attempt to rob her.

She pulled out her own gun and shot him in the neck.

Officials say the man then took her gun and ran.
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Followup AR: Armed Manager was Attacked with Club Before shooting Donald Blackburn



LITTLE ROCK, Ark. - New information released by police on a Monday night homicide reveals the victim had attacked a property manager before being shot and killed by him.

The Little Rock Police Department says its detectives determined that Donald Blackburn, 59, had attacked the 65-year-old man with a "club style weapon" before the deadly shots were fired. The older man was taken to the hospital for treatment of head injuries.
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FL: Armed Victim Fires Warning Shot, Suspect Goes on Crime Spree



Authorities said the string of crimes began Tuesday at about 4:04 p.m. in Seville when a woman reported she saw someone trying to break into her vehicle that was parked in her driveway so she got her firearm to scare the man, later identified as 34-year-old Anthony Gunther.

When the victim went outside to confront Gunther, he came toward her in an aggressive manner, so she fired a shot into the ground to scare him off, according to the affidavit. Gunther took a silver bracelet he retrieved by reaching into the victim's open vehicle window and fled the home in a red SUV, which had been reported stolen out of Holly Hill earlier that day, deputies said.
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MS: Disarm, Resident Disarmed Armed Robber, Shot and Killed Him, Accomplice Charged


Police say Moffitte and 22-year-old Randarious Martin were armed when they tried to rob a Meridian apartment Thursday. Police say Martin and a resident fought over Martin's gun, and the resident fatally shot Martin three times in the chest.

Municipal Court Judge Robbie Jones ruled Monday that police have enough evidence to hold Moffite until a grand jury decides on an indictment. Jones set bail at $750,000.
More Here

Friday, January 11, 2019

Ammoland Quoted in the New York Times, on Second Amendment




My words seldom appear in the New York Times. It is interesting when they do. It shows, to use a phrase of the Left "we are making progress".  This occurrence was from the article published on Ammoland about the Third Circuit failing to protect Second Amendment rights.  From nytimes.com:
The 49-year-old Judge Bibas, a former law professor, won plaudits for his dissenting opinion. “It is easy to see why President Trump chose to appoint him,” said an article on the website ammoland.com that appeared under the headline: “Third Circuit: Second Amendment Is a Second Rate Right.” John O. McGinnis, a well-known conservative professor at Northwestern University Law School, writing on the Law and Liberty website, called Judge Bibas’s dissent “the judicial equivalent of a perfect game, a first-round knockout, or a checkmate within 10 moves.” He added, “It will not be the last opinion of the Trump appellate judges that will shake the judiciary from its dogmatic slumber.”
The author of the opinion/editorial above is Linda Greenhouse, a self proclaimed progressive.  Linda Greenhouse is a longtime, highly awarded leftist journalist with a law degree from Yale. She is the ultimate in Supreme Court insider journalists.  She is, unsurprisingly, a doctrinaire Progressive who views the Constitution as a document to be shaped and changed by judges as they see fit.   Consider her writing on Clarence Thomas. From that column:
So no, the court’s future is not already here, not yet. Those of us on the progressive side of the street are unlikely to look back on Justice Kennedy’s final term with nostalgia. But soon enough, we may decide that it was the best we’re going to see for a long time.
She is entitled to her opinion. There is great danger and has been considerable  damage from a Supreme Court considered simply as another political power center, instead of an enforcer of the Constitution as written.

The Supreme Court has been a Progressive power center for the last 70 years.

Progressive dogma is the elites are here to tell us what to do and how to do it.
The Supreme Court is there to enable the elites to change the rules at they see fit, by changing the words and public understanding of the words through control of the information flow.

The concept of the Court as protecting natural law and limited government must seem alien indeed, to Progressives.

The freeing of the information flow from the control of, for, and by Progressives, must be disorienting and disruptive to those who see Progressive control of mass media as natural and certain.

I suspect Linda Greenhouse would point to Supreme Court decisions protecting freedom of speech, as examples of how a Progressive court protected limited government.  Those examples have occurred as the Progressive mass media held control over the flow of information; that Progressives now call for tight suppression of free speech, under the umbrella of "hate speech", now they have lost control of the narrative.

Progressives were all for freedom of speech when it enhanced their power. They have turned against it now that they have competition.

It is nearly impossible for adults to change their assumptions of how the world works, when confronted by evidence to the contrary.

Linda Greenhouse read the dissents she writes about. She is a competent scholar and award winning writer. She likely has a difficult time comprehending the dissents she disagrees with may be correct. They invalidate core assumptions she has about reality, she has held her entire adult life.

One of her principle arguments against Justice Thomas' writing, is he uses precedents from the 19th century to argue against cases today. It is a core believe in Progressive circles that old is wrong.  (But not all "old"; if a precedent can be found to validate a change desired by Progressives, then it is "good".)

If you accept the idea the Constitution is a written contract between the people, the states, and the federal government, the words and meaning of the Constitution are what are important, not the age of the document.

If you believe the Constitution, as written, is an impediment to good government; If you believe it must be reinterpreted to change with the times; then information from a hundred years ago, or 10 years ago, or 10 minutes ago can be ignored; when a different outcome is desired.

The core issue about the Second Amendment is whether we will have a Constitution that means something, instead of an ephemeral document that is re-interpreted, law by law, day by day, to meet the ephemeral political opinions of the people on the Court.  Or, in opposition, if justices on the Court should do their best to maintain the Constitution as what it meant at the time written. That doctrine is known as being an originalist and textualist.

I understand Linda Greenhouse is embarrassed by the Second Amendment. She much preferred when it was locked away in a forgotten attic of the law. She probably read Sanford Levinson's The Embarrassing Second Amendment, written in 1989.

The movement to restore limited government and Second Amendment rights is moving toward the last phase of the wisdom missattributied to Ghandi:
"First they ignore you, then they laugh at you, then they fight you, then you win”
Those who value government power above all things attempted to ignore Second Amendment supporters. That gambit failed.

They made jokes about Second Amendment supporters. That gambit failed, but is still attempted.

They are fighting Second Amendment supporters in the Courts, in the Legislatures, and in the Congress.

I believe Second Amendment supporters are winning. I think Linda Greenhouse agrees with me.

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

Gun Watch






AZ: Dr. Shoots two Dogs that Killed Seven of his Alpacas



Dr. Steve Washburn had been starting an alpaca business with a fenced-in three-acre area at his 15-acre spread and thought his virtually impregnable fences were fairly protective of his 16 alpacas and one llama; unfortunately, this was not the case.

Awakened at about 5 a.m., on the Dec. 29, Washburn and his wife heard their dogs barking, but didn’t really check it out. “I thought the alpacas were fairly secure, but we went out and gave the dogs some snacks, but they continued barking,” said Washburn. He now, of course, regrets not checking out why his own dogs were barking, because he had to take out his handgun and kill the two husky-mix dogs he found in the process of killing seven of his 16 alpacas and severely wounding another.
More Here

Followup FL: No Charges for Michael Dacey in Shooting Death of Jakeem McMillian During Armed Robbery



The Stuart News reports that Assistant State Attorney David Lustgarten announced last week that Michael Dacey, a retired New York Police Department detective, was justified in using deadly force against 17-year-old Jakeem McMillian during the Dec. 13 robbery of Treasure Coast Liquidators in Stuart.

The Martin County Sheriff's Office says Dacey opened fire after McMillian jumped in a waiting stolen SUV driven by an accomplice, but Lustgarten explained that the shooting was still justified because it occurred in a continuous series of events. Officials say the entire robbery lasted about 15 seconds.
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WV: Daughter uses Single shot 20 gauge to Hold Burglar for Police



PARKERSBURG — A man was charged with burglary Saturday after being held at gunpoint by a resident of the house he’d entered.

According to a criminal complaint filed in Wood County Magistrate Court, Parkersburg Police responded to a burglary report in the 1000 block of Laird Avenue around 5:20 a.m. Saturday. A woman who lived there told an officer her daughter was holding an unknown man at gunpoint in a room upstairs.
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TN: Officer at Home Fired at by Officer at Door



After an investigation, the Knox County Sheriff's Office says an officer fired a shot at a Powell area homeowner while responding to a call on West Emory Road in the Powell area on Jan. 4.

KCSO says the homeowner, who is also a KCSO corrections officer, opened the door aiming a weapon at the officer on the other side of the door. The KCSO officer fired one shot, and the homeowner was not injured, according to officials.
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Followup CA: No Charges for Man who Shot, Killed Joseph Mercurio



The District Attorney has decided against filing charges against a man who reportedly shot and killed a suspect trying to break into his work truck in El Cajon.

The shooting happened on the 1100 block of Mona Place in March of 2018.

Authorities say Michael Poe woke up in the early-morning hours of March 11 to the sound of glass shattering. When he went outside, he found the suspect, Joseph Mercurio, breaking into his work truck.
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NJ: Man Who Shot Fleeing Burglar Charged with Weapons Crimes, Attempted Murder



Omar Smadiya, who owns and operates a moving and storage company, also is charged with possession of a weapon for an unlawful purpose ( meaning: the gun is legal, but the use of it wasn't ) and possession of high-capacity magazines.

Smadiya remained held Thursday in the Bergen County Jail pending Friday's court appearance.

It was just before 3:30 a.m. Tuesday when he armed himself with a Glock 19 Gen 4 handgun and confronted 19-year-old Christoph Manon-Velez as the teen rifled through Smadiya's Toyota Camry outside his Farnham Avenue home, authorities said.
More Here

TX: 68-Year-Old-Man Shoots, Kills 41-Year-Old Burglary Suspect



A suspected burglar was shot and killed by a resident at a southside apartment complex this evening.

The shooting occurred around 8:30 p.m. at the Hampton Port Apartments. These apartments are located on the 6100 block of Wooldridge Road near Cimarron Boulevard.

Police say their preliminary investigation shows a 41-year-old suspect tried breaking into an upstairs apartment. The 68-year-old man living in the apartment confronted the alleged intruder and then shot and killed him. Police are calling it self-defense.
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OK: Armed Homeowner Shoots, Kills, Armed Suspect

Both the homeowner and suspect were armed, according to detectives. Police said the burglary suspect, 23-year-old Carson Welch, was shot. Welch was pronounced dead at the scene, according to the police report.

More Here

Thursday, January 10, 2019

Brazilian President, Jair Bolsonaro, Vows to Make Guns Legal for Self Defense



Brazilian President-Elect, Jair Bolsonaro, is following President Donald Trump in keeping promises he made during his campaign, or at least, he is continuing to say he will keep one of those promises only three days before being sworn in, on 1 January, 2018. From telesurenglish.net:
Three days before being sworn-in, Brazil's far-right President-Elect Jair Bolsonaro stated on Saturday that he intends to sign a decree to allow people with no criminal record to buy guns.

"By decree, we intend to guarantee the POSSESSION of firearms for the citizen without criminal antecedents, as well as make its registration definitive," Bolsonaro wrote on Twitter.

The loosening of firearms laws was one of the key platforms in Bolosonaro's campaign for the 2018 elections. The former army captain will take office on January 1.

Bolsonaro gave no further details and it was not immediately clear what mechanisms he will have at his disposal to carry out such a decree, or what specific measures the decree would contain.

Brazil's Congress is already discussing measures to loosen gun laws.

In 1980, Brazil had a homicide rate of about 12 per 100,000 people, only a little higher than the United States. The U.S. had a homicide rate of of 10.2 in the same year.  In 2017, 37 years later, the United States homicide rate dropped in half to 5.2, while Brazil's rate almost tripled to over 30.

Between 1980 and 2017, the United States has been incrementally restoring Second Amendment rights.  The number of guns owned per capita (per person) has increased from .75 to 1.25, or 67%.

Brazil took the opposite approach, placing numerous restrictions on gun ownership. It is almost impossible for a law abiding citizen to use a gun in self defense in Brazil. Legal gun ownership in Brazil is about .038 guns per capita. (3.8 guns per 100 people). Illegal gun ownership is a little higher at about .045 guns per capita (4.5 guns per 100 people).

Presidential front runner Jair Bolsonaro promised to take a different tack.

Bolsonar wishes emulate the United States, to some extent, and recognize Brazilians' right to armed defense of self and property. Brazil has one of the top ten highest murder rates in the world.

There is strong support for this in the Brazilian legislature. Reforms to Brazil's extremely restrictive gun laws are very likely to pass in 2019, whatever President Bolosnaro declares.

Brazilians are fed up with high crime and murder rates. Many wish to be able to defend themselves against armed criminals. 

George Soros, through his protege Rebecca Peters, worked hard to rid Brazil of legal firearms. In 2003, the already strict Brazilian firearms laws became extreme.  The homicide rate, both with and without firearms, leveled off at about 30 per 100,000 in 2004.

Rebecca Peters actively campaigned for a nearly complete ban on legal Brazilian guns and ammunition, in 2005.

Peters has been considered one of the major personalities behind the extreme gun laws passed in Australia, in 1996. Those laws were passed because of the Port Arthur mass murder, which was perpetrated in late April of 1996.

In 1995, Rebecca Peters produced a thinly disguised documentary on gun laws in in Tasmania, Australia. The video "Tassie Guns, a Current Affair,  essentially told people how to commit a mass murder, while it called for extreme gun control.

Australia's Port Arthur's mass murder was committed less than a year later.

Rebecca Peters message was supported by pols which claimed 80% of Brazilians wanted to ban legal guns and ammunition.

In 2005, the Brazilian population voted against the gun and ammunition ban. 64% voted against the ban.

Jair Bolsonaro has tapped into this common sense desire to be able to defend oneself with armed force.  From the bbc.com in 2005:
Beni Barbosa, the "No" campaign spokesman, said: "We managed to get our message across that Brazilians have individual rights which the state cannot take away."

"Here, people were not choosing whether to have a gun or not. They were voting for their rights to choose."
That sentiment seems to have been correct. Jair Bolosnaro won the election in 2018, with  55.2% of the vote.

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

Gun Watch






GA: Gunfight, Loomis Guard Fights off Men Armed with Rifle and Pistol



“At that time a male exited the vehicle with a rifle and started to fire at the victim,” Atlanta police spokeswoman Officer Lisa Bender said in a statement. “The victim stated that he was able to retreat to a position behind the armored vehicle and returned fire towards the suspects.”

A passenger in the sedan also fired toward the guard, she said. The gunmen then jumped back into the sedan and drove away, the guard told police.
More Here

TX: Disarm, Victim Shot, Killed, with Own Gun



Houston police said the man was collecting money for a concert he was hosting inside the barbershop when he was approached by another man trying to rob him. Police said the robber somehow disarmed the man, fatally shot him at point-blank range and fled the scene.
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Followup SC: Man Killed in Self Defense Case Identified by Coroner



COLUMBIA, SC (WIS) - The Richland County Coroner’s Office has identified the name of a man who was killed during an act of self-defense outside of a child’s birthday party on Saturday.

Richland County Coroner Gary Watts identified the man as Justin B. Archie, 30, of Columbia. An autopsy performed on Sunday showed that Mr. Archie died from gunshot wounds to the torso

More Here

NC: Armed Samaritan Holds Suspect for Police



CHARLOTTE, N.C. - Four people scrambled from a stolen SUV Saturday night in the SouthPark neighborhood.

Two were arrested, including one who was held at gunpoint until police arrived.

More Here

IL: Domestic Defense? 52-Year-Old Woman Shoots 22-Year-Old Man



At 11:44 p.m., the 52-year-old was notified that the security alarm at her home in the 1400 block of West 71st Street went off, according to Chicago police. She opened her front door on the second floor to investigate and encountered a 22-year-old man who had an active order of protection forbidding him to go near that address.

After an argument, she shot him in the left shoulder, police said. He was pronounced dead at University of Chicago Medical Center at 12:10 a.m. Sunday.
More Here

Followup SC: Gun Beats Knife and Gun in Self Defense Shooting



Police believe the incident began with two men arguing inside the Little Gym off Rosewood Drive during a kid's birthday party. The altercation continued in the gym's parking lot.

The man who died was armed with a knife, police say, and made threats before going to his car and getting a gun. The man then fired his gun at the person he was arguing with. That person, in turn, fired back, killing the man.

More Here

VA: Armed Robbery Suspect Wounded in Hand While Pistol Whipping Victim



The man, identified as Rashaad B. Spencer, hit one of the victims in the head with the gun and the victim fought back.

During the struggle, Spencer was shot in the hand.

After being shot, Spencer fled the area on foot.

The victim, a 40-year-old man, was taken to Bon Secours-DePaul Medical Center. He had minor injuries.

Spencer arrived at Sentara Norfolk General Hospital seeking treatment for his gunshot wound.
More Here

TN: Armed Homeowner Helps Police Capture Suspects



The homeowner confronted suspects on foot and blocked the suspects' vehicle while waiting for law enforcement.

Police say the suspects then struck the homeowner with their car and fled the scene. That's when the homeowner fired a weapon in that area, though not at the suspects.

The suspects fled the scene, but the homeowner followed the suspects to Target on Clinton Highway.

KCSO deputies were able to catch up with all parties involved on Schaad Road.
More Here

Woman with concealed carry license fatally shoots attempted robber


Authorities in Illinois say a woman with a concealed carry license fatally shot a man who tried to rob her early on Tuesday morning.

Police say the 25-year-old woman was standing at a corner in Chicago's Fernwood neighborhood around 6:00 a.m. waiting for a bus when an armed a 19-year-old male approached her, WGN reports.

When the suspect pulled out a gun, the woman produced her own weapon and shot him in the neck. The injured teen then fled the scene and was discovered one block away by police, according to the Chicago Tribune.

The suspect, whose identity has not yet been released, was transported to Christ Hospital in Oak Lawn, Ill., where he was pronounced dead.

In December, authorities in South Carolina lauded a woman who shot and killed an escaped convict who broke into her home late at night. She was also a concealed carry permit holder, and police say the training she underwent while procuring her weapon likely saved her life.  

"This is the shining example of what this lady did," Pickens County Sheriff Rick Clark said. "She took the time to get her CWP and set herself up to be able to protect herself and not be harmed, killed or raped or whatever. She came out on the good end of this and the bad guy didn’t."

https://www.yahoo.com/news/woman-concealed-carry-license-fatally-182548048.html


A Prayer for Ruth Bader Ginsburg



Jesus has told us to love our enemies.

Ruth Bader Ginsburg has done a great deal to destroy the Constitution as written, and thus destroy the rule of law in the United States. She follows a 70 year tradition of Progressive dominance of the Court ignoring the clear text of the Constitution, and substituting Progressive preferences.

Ruth is old, and faces death. She sees her death, not at the end of productive life, but as a contribution to the destruction of all her work over decades.

God, please help open Ruth's heart to you. Help Ruth to realize we are all sinners and need forgiveness. We can never live up to the level of perfection God requires, without Jesus. We are all imperfect, because we are not God.

Ruth, you need only ask, and God will help you.

God, I know you wish for all to be saved. Please help your creation, Ruth to accept you and ask for your grace. Help open her heart, and humble her so that she can overcome her pride.

Help Ruth to realize she is not God. Help her realize she is not in control, and she, as with all people, is mortal, and will face you, probably in the near future.

God, may your grace help Ruth to become a child of God.

In the name of your son, Jesus, Amen.

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

Gun Watch

Wednesday, January 09, 2019

MO: Black Man with Gun Saves Police Officer, Receives Award


On 4 June, 2018, Springfield police officers engaged in a gunfight with Joshua S. Stanford. Stanford was being pursued for a suspected package theft. He shot at police, and the police shot back. From news-leader.com:
That's when police say the suspect produced a handgun and fired at officers.

The officers were not hit.

An officer caught up to Stanford in an alley behind 2109 N. Fort Ave. The release says Stanford "presented a threat with the firearm and refused to comply with verbal commands from the officer" and the officer shot Stanford.

Police have not yet released the name of the officer involved.
Note the address, 2109 N. Fort Avenue. Not noted at the time, was that a black man with a concealed carry permit, risked his life to aid a police officer in the middle of a gun fight, when the officer's firearm had jammed.

Jerry Pendergrass had a concealed carry permit. Jerry's address was at 2115 N. Fort Avenue.  He had a firearm. A gunfight had started not far from his house. We do not know what Jerry saw before he intervened.

One officer, Andy Zinke, had just shot the suspect. Jerry was there to back him up when Zinke's gun jammed. When the wounded suspect brought his gun to bear on Zinke and Penergrass, they both shot the supect. From ky3.com:
"That guy sat back up on his knees and looked directly at me and that's when I was telling him hey stop, hey stop-- you can live. I mean it doesn't have to end here. You can live," Pendergrass yelled. "There is an ambulance in front of the house that can get you help right now. He looked at me, looked at his gun and I said no don't look at the gun. With me saying that, Zinke was able to stop moving around and bring his attention back and it was at the same time that he brought his attention back that we both ended up-- the man reached for the gun and we shot him."
The major media trumpet examples of black men shot by police. When there is an example of an armed  black men saving a policeman, with a gun, when the Police Chiefs' Association gives the black man an award for it, there is little coverage.  From kspr.com:
SPRINGFIELD, Mo. -- A Springfield man was recently given one of the top honors in the state from law enforcement. Jerry Pendergrass is a conceal carry owner who turned citizen cop in a life or death situation. Springfield police and the Missouri Police Chiefs Association awarded Pendergrass the President's Citizen Award.


His quick action helped save an officer potentially from getting shot.
The incident happened on June 4, 2018. That night was life ending for one man and life changing for several others.

"That probably actually happened in ten seconds," explained Pendergrass. Those ten seconds play over and over again for Pendergrass
There used to be a definition of news, an aphorism, or shorthand, that is attributed to several sources about 1900. It is: 
“If a dog bites a man,” said Dana, “that is not news. If a man bites a dog, that is news.”
According to the Media, a black man who uses a gun to save a police officer, then is given an award for it by the state Association of Chiefs of Police, is a classic "man bites dog" story. It is very rare, unusual, and, therefore, newsworthy.

Where is the AP headline of this fascinating item?

Nowhere to be found. Why? I will leave that as an exercise for the reader.

Getting involved in a gunfight is a perilous activity for anyone. Either side,or both, may consider you a threat and target you. Armed citizens are sometimes mistakenly shot by police. 

If you go to the aid of a police officer, attempt to understand is what is happening. Take care in what you do.

Aiding a single officer is less dangerous than multiple officers. Almost all successful examples of armed citizens aiding police are where the citizen comes to the aid of a singe officer who is under attack.

Armed citizens still come to the aid of police. Police and armed citizens are natural allies. When the police trust citizens, and citizens trust the police, crime rates fall to low levels.

A significant number of armed citizens have saved police officers. Those saves become national news in police circles.

If the national media wasn't biased and politically driven in favor of "Progressives", these stories would be national news for everyone.

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

Gun Watch

MI: Armed Customer Shoots at Man who Assaulted him



Police learned that a man was trying to flee the store after committing some type of fraud and assaulted employees and a customer in his attempt to escape.

The customer was armed and ended up firing at the man. The assailant then left the area in a vehicle.
More Here

CO: Dog Shot, No Charges for Man who Allowed Dog to Harras Cattle



In a statement released Friday morning, the District Attorney's Office — which serves Grand, Moffat and Routt counties — concluded that the shooter was within his rights per Colorado Title 35, which allows ranchers to kill dogs that they believe are endangering livestock.

The District Attorney's Office also declined to press charges against Jeffrey Fowler, Jr., who was watching the dog, despite probable cause to charge him with "dog at large" for allowing the dog to run free.
More Here

CA: Armed Samaritan Stops Knife Attack on Security Guard



"The male suspect told the female suspect to stab the victim," Scott said. "She walked over and picked up the knife and was moving toward the victim."

Then, right at that moment, a good Samaritan pulled out his gun and said, "Drop it!"

"He had a concealed weapons permit," Scott said. "He had a firearm on his person. He drew the firearm and told the female suspect to drop the knife."

Almand then immediately complied, the Sheriff's Office said. Deputies then arrived at the scene and arrested both suspects.
More Here

NC: Pharmacist Fires Warning Shot, Takes Masked Man into Custody



CHARLOTTE, N.C. - A pharmacist, thinking he was going to get robbed, grabbed a gun and fired a warning shot Wednesday evening in the northwest Charlotte business.

Police said a man walked into the Star Bright Pharmacy on Mt. Holly-Huntersville Road wearing a mask and gloves when the pharmacist felt threatened and fired a shot.
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VA: Armed Homeowner Wounds 1 of 2 Home Invaders



Matthew Darolyn Hawkes, 39, of Marshall, suffered a gunshot wound to the leg, Sgt. James Hartman said.

Charged with four crimes, Mr. Hawkes remained in a Northern Virginia hospital Thursday afternoon, according to Sgt. Hartman.

Armed with a handgun, the suspect allegedly kicked in the front door of a rented home in the 4900 block of Old Tavern Road near The Plains late Wednesday.
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TX: Gunfight, Clerk Wounds 1, Another Suspect Arrested



According to a preliminary report of the shootout, Marquise-Whitfield and a 17-year-old boy entered the 7-Eleven in the 5200 block of Rigsby Avenue just after 2 a.m.

The gas station clerk later told police Marquise-Whitfield shot at him, and he returned fire, striking the 17-year-old boy in the back of the head.
More Here

Ohio Legislature Overrides Kasich' Veto of Gun Law Reform



Image from cleveland19

The Ohio legislature has passed an override of Governor Kasich' veto of HB 228. There are several major reforms in Ohio's  HB 228.

One provision is to strengthen Ohio's preemption statute. Ohio, as with most states, has a law that reserves statutory authority about firearms to the legislature. Local governments and regulatory bodies are not allowed to make a crazy quilt of ordinances and regulations to prevent the exercise of Second Amendment rights in the State.

Local governments refused to repeal ordinances that infringed on second amendment rights, producing a chilling effect on the exercise of those rights.

A provision in the previous statute provided for the recovery of costs and attorney's fees when cities were sued, to provide incentive for them to follow the law.   Several cities changed their local ordinances as a result.

Some cities used a loophole in the law to discourage further lawsuits.  They refused to change the law, fighting the effort in court until the last minute, wasting city resources and costing those challenging their illegal actions as much money as possible.  Then, before a court ruling was made, the city council would repeal the statute. This rendered the lawsuit moot, preventing the plaintiff from recouping  costs and attorney's fees.

HB 228 closes that loophole.  The entity sued for damages has to pay if:
(2) The ordinance, rule, regulation, resolution, practice, or action or the manner of its enforcement is repealed or rescinded after the civil action was filed but prior to a final court determination of the action.
The number of actions forbidden by local governments was increased to prevent word games.  For example, the old statute protected the ability to
".. own, possess, purchase, sell, transfer, transport, store, or keep any part of a firearm its components, and its ammunition"

HB 228 changes the statute to add more protections:
".. own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture, or keep any firearm, part of a firearm, its components, and its ammunition.
Ohio now forbids local governments from infringements on acquiring, carrying, and manufacturing.  Consider the mischief local governments might do by passing a local ordinance against carrying a firearm, or reloading (manufacturing) ammunition. 

HB 228 also changed the burden of proof in self defense and defense of others to the defacto standard in 49 other states.

Now, the prosecutor has to prove the defendant did not act in self defense, instead of the defendant having to prove they did act in self defense.

From wosu.org:
The law shifts the burden of proof in self-defense cases from the defense to the prosecution. It had strong support from pro-gun groups, who said this would put Ohio in step with every other state in the country.

On Thursday, the Ohio House and Ohio Senate each voted with a two-thirds majority to overturn Kasich's veto.

Buckeye Firearms Association President Jim Irvine said shifting the burden ensures that someone is "innocent until proven guilty… one of the pillars of our nation's legal system.”

Arizona instituted the Ohio version of the law, from 1997 to 2006. The change resulted in the debacle of the Harold Fish case. The Arizona legislature reversed that decision, but Harold Fish spent years in prison.

The Arizona Legislature passed laws, three different times, to require a new trial, before Harold Fish was released from prison. The prosecution chose not to prosecute a new trial.

HB 228 aligns Ohio's definition of "shotgun" with federal law, to include the federal ruling the Mossberg Shockwave and similar firearms are not illegal under National Firearms Act rules.

HB 228 removes the requirement for "no gun" signs in places that allow the legal carry of firearms.

HB 228 enhances penalties for people who "straw purchase" firearms  for felons.

HB 228 will become effective 90 days after enrollment, probably on the 27th of March, 2019.

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

Gun Watch


AZ: Armed Resident Shoots, Wounds 3 Home Invaders, Kills 1 at 1:30 a.m.

One person is dead and three others are injured after they were shot by a resident of an Arizona home they were trying to burglarize, police said.
The Yuma County Sheriff’s Office responded to a 911 call at approximately 1:38 a.m. Thursday and discovered that four individuals were shot after breaking into a home.

More Here

IA: Self Defense Up, Homicides Down in Des Moines for 2018



Slayings in the city declined from 25 in 2017 — the most in the city since 1978 — to 13 in 2018, according to police data. Of the 13 homicides, the attacker is known in 11 cases; four were ruled self-defense, with no arrests made.

Des Moines police ended the year with an 85 percent homicide-clearance rate, compared with 72 percent at the end of 2017.
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WV: Two Victims and Armed Attacker Shot, Wounded



The shooting happened at a home on Albermarle Street.

Police said there were five people inside at the time. One person inside the home was shot. The incident continued into an ally in front of the residence.

One individual at the home was able to retrieve a weapon and shot the suspected gunman, identified as 32-year-old Terrance Williams.

An intervening neighbor was also shot.
More Here

Followup KS: Teen Armed Robbery Suspect had Gun when Shot by Armed Victim



A 16-year-old Wichita boy who was shot in the head by a customer during a gas station robbery had a gun when he was shot, police said.

Wichita police did not say whether the 16-year-old was moving toward or away from the customer when he was shot. They would not describe the position of the customer relative to the teen.

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Followup NC: Woman Says she left House Keys in Door Before Shooting Intruder



“I didn’t know I left my house keys in my door and I was getting in my shower, and… I shot this man,” the audibly distraught woman said. “I was telling him to get out my house and he wouldn’t leave.”

The caller hung up a short time later and did not answer when called back, according to 911 records.
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Followup MI: Justin Eddy was Acting Pranoid prior to Attacking Homeowner, and Being Fatally Shot



At that point, Eddy allegedly forced his way into a home in the 4000 block of East Muskgrove Highway and told the homeowner that he was being chased by someone trying to kill him.

The homeowner retrieved a firearm and went outside with the intruder, but could locate no one else.

Both men then went back inside the house, where the intruder began acting erratically and angry before assaulting the homeowner. The homeowner then shot Eddy.

Police say they suspect drugs and alcohol were factors in the incident and say Eddy and the homeowner had no prior connection.
More Here

Tuesday, January 08, 2019

Inexpensive Good Guns to Replace Junk Turned in at Baltimore "buyback" for $200

Semi-Automatics .22 rifles turned in for $200 each


On 17 December, 2018, the City of Baltimore held a gun "buyback". The term "buyback" is an Orwellian propaganda term. You cannot "buyback" something you never owned in the first place. It should be called a gun turn-in.  On 17 December, over 500 guns were turned into the police for destruction.

One of them, a small 9 mm semi-auto pistol was turned in by Darlene, as interviewed by the local Fox affiliate, Fox45.

From washingtontimes.com:
A woman by the name of Darlene told a local Fox affiliate that she turned in her 9 mm on Monday in order to “upgrade to a better weapon,” adding that she hadn’t “quite decided” yet what that weapon would be.


Image from facebook

Better footage of the firearm turned in by Darlene shows it was likely a Soviet era 9X18 Makarov pistol. The pin at the rear of the trigger guard, the angle of the slide to the lower edge of the frame, above the trigger, and the rebated  slide at the muzzle end are all good indicators that it is a Makarov.  (I believe the area above the trigger is polished slide, not the ejection port.)

Darlene had the right idea. A decent Makarov is bringing about $250 on the open market these days. Transaction costs would eat up the $50 difference. Legal sales of  pistols in Maryland are heavily burdened with regulation.

What can Darlene get for $200 or a bit more? She can obtain some very serviceable pistols.

She can get a Taurus 24/7 .45 ACP factory blem, $250 at gunbroker.com, at the time of this writing. She would have to look hard to find the blemish.

If she wants something more traditional in a .45, the ATI .45 1911 clone, with steel frame, a good copy of a U.S. government issue .45 is  $329 at gunbroker.com.

Darlene said she wanted something better. Bigger was mentioned. Darlene was not exactly sure what she wanted. A Ruger LCP .380 mini pocket pistol was only  $169.99 at palmettostatearmory.com.The Rugers have an excellent reputation.

The Taurus 738 .380 ACP is also well thought of it goes for  $179.99 at gunbroker.com. It is only a little larger than the Ruger LCP.

The Ruger 3810 Security 9 9mm 15+1 is a full sized pistol. It is available in the black polymer model for  $298 at budsgunshop.com.

We do not know if there was any problem with the pistol Darlene turned in.

Gun turn-ins are a magnet for converting malfunctioning and problem firearms into cash. I turned in a couple of beat up and malfunctioning .22 rifles for $100 each at the Phoenix turn-in a few years ago.They were missing a few parts, but could be made to fire, occasionally. I used the gift certificates for cleaning supplies.

My source at the Baltimore turn in made a better deal than Darlene. He purchased a Jennings .380 for a bit over $100 a few years ago, only to find it had a cracked slide and was unreliable. He had an old 16 gauge single shot he did not have a use for. The two firearms brought in $300 cash. "Steve" took the worst two of his old 30 round magazines to the turn-in. They told him they had stopped paying for magazines.



"Steve" ended with $300 cash. "Steve" reported a  heavy police presence at the turn-in. There was a portable command post, and large numbers of police inside the building.

"Steve" was not going to convert the cash into another gun. He was ordering a case of .223 ammunition instead.  A thousand rounds of brass cased .223 can be had for under $300, including shipping.  As Madub Ali told Kim in Rudyard Kipling's classic, "of what use is a gun unfed?"

It is hard to know how many of the old, broken, and unwanted guns will be converted into new guns or more ammunition.

We know some are. The effect on crime is negligible or non-existent, as noted by numerous academics.  From Freakonomics:

When it comes to gun buybacks, both the theory and the data could not be clearer in showing that they don’t work. The only guns that get turned in are ones that people put little value on anyway. There is no impact on crime. On the positive side, the “cash for clunkers” program is more attractive than the gun buyback program because, as long as they are being driven, old cars pollute, whereas old guns just sit there.
With a $250,000 budget from the city, I am not surprised there was a large police presence.  I am sure many of the officers received a nice Christmas bonus of overtime money.

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

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TX: Homeowner Shoots, Kills, Intruder



KILLEEN, Texas — While responding to a burglary in progress call on Dec. 20, Killeen police were told an intruder was shot by a homeowner after an argument turned physical.

The fight happened in the 4500 block of Westcliff Dr., investigators said.
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MI: Man Shot by Armed Homeowner During Apparant Crime Spree



SEBEWA TWP. — A Lansing man who was shot and killed during a reported attempted home burglary in Ionia County on Tuesday night had previously stolen a vehicle and trailer from a residence about two miles away, police said.

Justin Eddy, 40, drove to the shooting scene in the stolen vehicle before he was shot by the homeowner, the Ionia County Sheriff's Office said in an updated news release.
More Here

TX: Homeowne3r Shoots, Wounds, Man Breaking into House



BEAUMONT — A homeowner shot a Beaumont man he says was breaking into his house on Jan. 1, according to a Beaumont Police Department news release. Beaumont police were called to the house concerning a possible burglary around 2:30 a.m. in the 600 block of Goodhue according to the release.

The homeowner called dispatch a second time as police were headed toward the home, saying he had shot someone breaking into his home according to the release.

The suspect, identified as 26-year-old Beaumont man Cameron Elgin Casinger, was found on the front porch with a single gun shot wound to the upper leg according to the release.
More Here

NE: Gunfight, Armed Customer and Three Armed Robbery Suspects



Officers arrived around 6:30 a.m. Tuesday for a reported robbery and shots fired.

Police spoke with a customer who said he had an exchange of gunfire with three robbery suspects.

The individuals fled the business with an undetermined amount of cash.

There were no known injuries during the incident.

The suspects were described as two black men and a Hispanic man, all wearing black coats and black pants.
More Here

SC: Armed Resident Fires Warning Shot when Confronted by Fugitive

The Sheriff's Office got a call just after 2 p.m. from someone who lives in the 10000 block of Augusta Road about a suspicious person who matched the description running through the woods. Deputies initially thought the homeowner fired a weapon at the person, but it was later determined that the homeowner had fired into the air, Bolt said.

More Here

IL: Armed Victim Shoots 2 Armed Robbery Suspects



Around 9:40 p.m. in the 2900 block of West Cortland Street, two male suspects with handguns got out of a silver Nissan and told the man they were robbing him, police said. The man, who is a concealed carry license and firearm owner’s identification card holder, shot both suspects, police said. They were taken to local hospitals and stabilized.
More Here

Friday, January 04, 2019

Armed Washington State Residents Stop Nail Gun Theives


On the afternoon of 22 December, 2018, two young men decided to steal from a Coastal Farm & Ranch store in Marysville, Washington. Marysville is a town of about 60,000 population 35 miles north of Seattle. The two young men took nail guns worth about $3200 from the store, without paying. They did not expect opposition. Most stores teach their staff not to confront thieves. While it may prevent some lawsuits, it is an invitation to steal.

In this case, concerned citizens worked to stop the blatant theft.  An impromptu militia of six formed up and surrounded the suspects' car with drawn pistols. From heralnet.com:
They didn’t expect to be surrounded by about six customers with guns raised.

One customer was standing in front of the car, yelling at the alleged thieves to get out.

“He won’t shoot, run him over,” one of the suspects reportedly said.

The driver pulled forward, causing the man confronting him to land on the hood, court papers say.

Another customer shot at the driver’s side front tire, according to documents. A third fired twice at the rear tire.
Another responsible citizen followed the car until he thought they showed a gun. Then he backed off.

The car was found three blocks away with two flat tires. All the merchandise was inside. The police deployed a dog to track the suspects.  The two suspects, 22 and 23 years old, were taken into custody. 

The armed citizens did not fire until the driver of the getaway car committed assault on the armed citizen attempting to detain them. The armed citizen who was struck with the car is in good condition. He did not need to be hospitalized.

The two suspects have been charged with felonies.

Washington State has 578,299 active ccw permits.  The population of Washington State is 7.406 million total. Of those, 5.777 million are residents over the age of 18.  About 10% of the adult population has a concealed carry permit.

About 75% of concealed carry permit holders are men.  A store such as Coastal Farm and Ranch, on a Saturday afternoon, a few days before Christmas, is bound to have a significant percentage of customers who are armed.

The common wisdom, put forward in the Media for 50 years is:

Do not get involved.

Let the Police handle it.

That may be good advise for an individual. It is terrible advice for society. It is only when individuals are willing to take risks to defend society, to prevent and deter evil acts, that civil society is maintained and improves. An active partnership between the police and the citizenry results in low crime rates.

The founder of modern police, Sir Robert Peel, emphasized the importance of the police being accepted as members of the community, and the importance of cooperation between the community and police.

The Police in Marysville are looking to find the armed citizens who fired the shots that flattened the suspects tires.

The armed citizens are, with considerable justification, refusing to get involved further.  These citizens should be found. They should be applauded. They should be celebrated.

There has been an active denigration of the importance of private property in the United States, for 50 years and more. It is part of the leftist assault on the rule of law. People cannot live without property. Society cannot function without property. Disrespect for property rights destroys civil society.

Criminals read and hear about crimes, successful, and unsuccessful. Thieves are likely to avoid Coastal Farm & Ranch store in Marysville, at least for a while.

It is necessary and proper for citizens to defend society from thieves. It takes courage, conviction, and a strong sense of responsibility to stand up to thieves. The armed citizens in Marysville took risks to uphold the rule of law. Through skill and luck, no one was hurt.

The police should be looking for Maryville's impromptu militia, to give them accolades and awards.


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

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