NY AG Attempt to Ban sale of Metal that Can be Made into Guns

The Attorney General of New York, recently elected and rabidly anti-Second Amendment, Letitia James, is attempting to intimidate online sellers of the materials and tools used to make firearms into not selling them to New York residents.  She claims the companies are promoting law breaking. From the ag.ny.gov:

NEW YORK – New York Attorney General Letitia James today announced that she has directed the operators of 16 websites that manufacture and/or sell firearms or firearms components to “cease and desist” selling nearly complete assault weapons into New York State. The possession, manufacture, and sale of assault weapons is illegal in New York, but these companies have been providing the means to violate the state’s assault weapons ban, and often specifically advertise their products as a way to evade law enforcement with phrases like, “If they don’t know you have it, they can’t take it.”

“There is only one purpose for the products that these companies are selling — to manufacture illegal and deadly assault weapons,” said Attorney General Letitia James. “The proliferation of these types of weapons has not only caused indescribable suffering across the country, but gravely endanger every New Yorker. We must make sure that these illegal and untraceable guns are not built in New York.”

There are serious problems with AG Letitia's claims. She is the one who is breaking the law, not the sellers of metal and tools.  The law banning the possession of semi-automatic rifles in New York is flagrantly unconstitutional. Such rifles are in common use, are used in self-defense and defense of the home, and are shown to be far less commonly used in crime than semi-automatic pistols. She has a duty to uphold the Constitution and the Second Amendment. A court case challenging the law worked its way to the 2nd Circuit Court of Appeals.

Unfortunately, the Courts have supported this flagrant infringement on the Second Amendment. Because of the death of Justice Antonin Scalia, the NYR&P club decided not to pursue the case to the Supreme Court. The Supreme Court has yet to hear the issue.

AG Letitia James is wrong in her assertion that these products only have one purpose, and that purpose is an illegal one, based on the flagrantly unconstitutional New York law.



New York banned the sale of many semi-automatic firearms, including the ubiquitous and popular AR-15 type of rifles, based on a number of cosmetic features. Here are the cosmetic features:  N.Y. Penal Law § 265.00(22) 

22. "Assault weapon" means

(a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:

(i)a  folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a thumbhole stock;

(iv)a second hand grip or a protruding grip that can beheld by then on-trigger hand;

(v)a bayonet mount;

(vi)a flash suppressor,muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;

(vii) a grenade launcher;

Anyone who is making a rifle from the partly machined aluminum paper weights can make legal rifles by making sure they do not have the features forbidden by the law.  Such paper weights can be used to make rifles that are not semi-automatic.

Rifles that meet these requirements are not required to be registered in New York. People who move to New York can bring their rifles, which meet these requirements, into New York, without problems.
Any person can "make" an existing semi-automatic rifle into an "assault weapon" under New York law, simply by changing the grip, or stock or threading the muzzle. Such actions are much easier than doing the machining necessary to turn the paperweight into a functioning firearm.

The ability to make firearms is clearly part of the Second Amendment. Individuals have been legally making their own firearms for at least 500 years, which includes the entire existence of the United States.

There were no laws infringing on the making of firearms when the Second Amendment was ratified in 1791.

A new infringement on the Second Amendment, such as a ban on making your own firearm, is clearly unconstitutional.

Once you try to ban the making of firearms, it becomes apparent, to have much effect, you need to make the knowledge to make firearms illegal. New York is in the process of attempting to do that. To do so, you must violate the First Amendment.  From prnewswire.com:

"This has turned into a classic First Amendment case," Gottlieb said. "Only because this case involves technical information on production of firearm components on a 3-D printer have these anti-rights officials acted to squelch it. We cannot allow this to happen."

Then, people trying to ban the making of firearms ban the sale of firearm parts.

Then they ban the sale of tools useful in making firearms, without special licenses.

These are things the New York State government is in the process of doing.

They are blatant violations of the First Amendment and the Second Amendment.

New York has always been an incubator for infringements on the Second Amendment.

They are one of only six states without a protection for the right to keep and bear arms in their state constitution.

They were the source of the infamous Sullivan law, where organized crime boss "Big Tim" Sullivan lobbied and had passed the handgun licensing law to protect his organized crime enforcers.

In 2016, New York was the scene of another scandal where gun permits were obtained through bribes.

The New York violations of the First and Second Amendments are wending their slow, arduous way through the courts. The Supreme Court has decided to hear one New York City case. There will be a hearing on 1 October.

Elections have consequences. President Trump's appointments to the Supreme Court could make the difference in the Court deciding to do their job, and enforce the Second Amendment to the Constitution.


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

Gun Watch

AR: Armed Homeowner Stops Home Invasion at Hot Springs

According to the probable cause affidavit, around 11:15 p.m., a local man called police to report a burglary that had just occurred at his residence in the 1200 block of Garland Avenue. He said two males kicked in his front door, causing about $150 in damage, but when he confronted them with a firearm and told them he had called police they fled.
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VA: Home Invasion Gunfight, Three Suspects Flee Scene

Investigators say the resident was asleep on the couch when the suspects came into the home.


According to investigators, at least one suspect and the resident fired several shots before the suspects fled the scene.

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TX: Domestic Defense, Woman Shoots Ex

She said she had trouble with her ex recently. She shot him once in the chest, and he was taken to the hospital. As of last check he was expected to survive, police said.

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OH: Gunfight, Armed Victim Draws Gun, is Shot by Two Robbers

FAIRLAWN, Ohio — A concealed carry permit holder was shot after he drew his firearm at two men brandishing handguns at him during an attempted robbery Monday night in Fairlawn.

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Open Carry Common at Gun Rights Policy Conference in Phoenix, 2019

Open carry of holstered pistols was commonly seen at the Gun Rights Policy Conference (GRPC) in Phoenix, Arizona, 21-23 September, 2019.

The GRPC had an overflow crowd of over a thousand activists from around the nation.

Many were standing in the back of the conference room, trying to find seats.

It was the largest GRPC ever.

There were numerous examples of holstered pistols in evidence. Open carry has become common and accepted in Arizona, as a result of Second Amendment activists in the state.

In the 1990s, the open carry of holstered pistols was under attack in Arizona.

During the 1990's an Arizona judge ruled a person with a holstered pistol on a belt, if the holster was on the opposite side from a police officer, was carrying "concealed". Arizona did not have a concealed carry permit law at the time.

In another case, a jude in Tucson, ruled open carrying a holstered pistol, into a public park, was not part of the right to keep and bear arms, was not covered under the Arizona Constitution, and was not a violation of the state preemption law, because a person could choose not to enter the park. The Second Amendment defender was Ken Rineer.

The judge, Cindy Jorgenson, was elevated to a federal judgeship by former Senators McCain and Kyle. The appeals court judge who upheld the decision, John Pelander, was promoted to the Arizona Supreme Court.

The Second Amendment activists in Arizona changed all that. They pushed Constitutional Carry through the legislature.

They placed limits on the ability of local governments to create "gun free zones".

They enforced the ability to exercise their rights.  Link to Rick DeStephens recounting of the Sacaton Rest Stop activism. (scroll down the page to read AZRickD's account)

Activists open wore holstered firearms in the legislative chambers. They were respectful, and careful not to threaten anyone with their body language.


Arizona is considered the top Second Amendment friendly state in the United States. Others are very close.

Some revolvers were present.  They were a distinct minority.

The open carry of firearms has always been a right in Arizona, even though anti-rights judges tried to limit it with judicial fiat.

In comparison, California, next door, has no right to keep and bear arms in its state Constitution.

The California concealed carry permit law was designed to prevent minorities from carrying firearms.

In 1967, California passed the Mulford Act, to keep people from carrying loaded guns openly.  At the time, the Supreme Court had ruled the Second Amendment did not apply to the states.

The first Gun Rights Policy Conference (GRPC) I attended at the Sheraton Crescent did not have as many open carriers.

It became clear they did not ask anyone open carrying to leave. There were no gun ban signs on the doors. The GRPC rotates to Arizona every few years. This year, the 34th GRPC, was the fourth GRPC for Phoenix. More and more people have attended each succeeding time. More people have been openly carrying.

This is a national phenomena. Stories about Second Amendment supporters who won't exercise their rights during their own conferences have dried up.

There are only five states where open carry is illegal. There are 15 states that require a permit  in order to exercise your Second Amendment rights.

No permit is required for open carry in 30 states. 

Constitutional Carry, where no permit is required to carry holstered, loaded pistols in most public places, openly or concealed, is the law in 16 states.

That makes more than 50 states, because all Constitutional Carry states are, by definition, also open carry without permit states.

Several speakers at the GRPC told attendees they were at the safest place on the planet.

More people would have been carrying openly, but the air conditioning was on high.

Many people were wearing jackets to stay warm.  The jackets also concealed their personal defensive firearms.


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

Gun Watch

AL: Mistaken Idtentity: Man Shoots, Wounds, Roommate in Jefferson County

A man was shot by his roommate in Adamsville after reportedly being mistaken as an intruder.

Jefferson County sheriff’s deputies responded to the 2800 block of Woodruff Mill Road shortly after 11:30 p.m. Tuesday, said sheriff’s Deputy Chief David Agee. They were dispatched on a report of an accidental shooting.

When they arrived on the scene, they found the victim suffering from a gunshot wound to the stomach. He was taken to the hospital with serious injuries.
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NC: Off Duty Officer Shoots, Kills Pit Bull Mix that Attacked his Sister

An off-duty police officer shot and killed his neighbor’s dog for attacking his sister after running into his property in Cary, North Carolina, on Wednesday.

Shortly before 7 a.m. EDT Wednesday, an off-duty officer heard his sister scream at their residence in 1700 block of McLaurin Lane, Cary, North Carolina, and went to check only to find a dog attacking her. He shot and killed the pit bull mix after it wandered onto the former’s property. The woman and her leashed dog sustained injuries and were treated for the same at the scene by emergency medical services.
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FL: Amed Wife stops Attack on Husband at Wabash Tire Shop

The Polk County Sheriff’s Office is now investigating the shooting, but says the woman with the gun is not facing any charges.

“She is legally allowed to own that firearm. She’s protecting her private business and her family members. He’s the one who has committed the felony battery. So, he’s got a warrant for felony battery, he’s also got a warrant for assault for threatening to come back and kill her,” said Carrie Horstman with the Polk County Sheriff’s Office.

However, the man who started the fight is facing charges and the sheriff’s office is actively looking for him.
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CA: Armed Samaritan Stops Domestic Kidnapping in Redding

While searching the area, officers got a tip that Hulsey and the woman had been spotted at the nearby Win-River Mini-Mart and gas station, Cogle said.

As officers headed to the gas station, calls started coming in reporting a man there pointing a gun at another man, police said. Cogle said it turned out a citizen with a concealed-carry permit pulled his gun on Hulsey because he could tell the woman was there against her will, so Hulsey ran away through some fields.

Redding Police Sgt. Brian Torum said citizens don't necessarily intervene with crimes that often, but in this case, it was clear that the woman needed help.

"If people are good people and they’re brave enough to do it and they see something is clearly amiss, you know, sometimes it happens. We don’t see it a whole lot because a lot of times, crimes don’t go to a level where people feel like they need to," Torum said.
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NY: Domestic Defense? Husband with Knife Shot at by Police Officer Wife

An investigation found that Anthony allegedly started a verbal fight with Johanna, before taking her phone and refusing to give it back. Anthony then allegedly grabbed a knife and tried to stab Johanna — who is an officer from the 83rd Precinct, according to reports. In response, she took out her gun and fired a shot in Anthony’s direction, according to authorities.
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New Zealand PM introduces bill for Mandatory Gun Registry claims Gun Ownership is Priviledge, not Right

Image from wikimedia commons

In New Zealand, the far left government has decided a national gun registry is necessary. They have been unsuccessful in confiscating (with payment) most of the previously legally owned semi-automatic rifles in the country.  There has been massive civil disobedience among New Zealand gun owners.
The party line of the leftist government is there is no right to own guns in New Zealand. They cannot be entirely sure of that, because part of the new gun control scheme is to place into law the premise that there is no legal right to arms for New Zealanders. From npr.org:

New Zealand's government is planning to create a registry of all guns in the country and stiffen penalties on illegal gun sales and modifications. The move comes six months after a gunman killed 51 people at mosques in Christchurch.

"Owning a firearm is a privilege not a right," New Zealand Prime Minister Jacinda Ardern said Friday. "That means we need to do all we can to ensure that only honest, law-abiding citizens are able to obtain firearms licenses and use firearms."

The majority of crimes that involve guns, she added, were committed by people who didn't have a license and who used guns that were either sold illegally or stolen

A New Zealand Academic, Alexander Gillespie, made the claim there is no right to gun ownership in New Zealand  From pri.org:

Are there any privacy concerns about this gun registry?

There was near-universal agreement for the buyback scheme but once we have the registry that two main political parties are splitting right down the middle, the concern is partly about privacy, and partly around it not being necessary. You must remember we don't have a right to own firearms. We have a privilege to own firearms.

 In July, the far left PM asserted that she believed New Zealanders did not think they had a right to arms:

Ardern said that growing up in a rural farming area, she always understood New Zealanders had a practical need for owning guns.

“But at the same time I don’t think that extends to this view that every New Zealand citizen has the need and right to generally arm itself,” she said. “We’re a society that I think has always drawn that very clear distinction.”

Notice the Marxist conflation between "needs" and rights. Marxist theology holds “From each according to his ability, to each according to his needs.”  Needs and rights are not the same thing at all.

New Zealanders had a right to arms derived from the British Empire. They followed the English lead in firearms law.

In the British Empire, until the 1920's, it was well understood that every Englishman had a right to arms. The right was not as strongly protected as the American Second Amendment.   Professor Joyce Lee Malcolm documents the development of the right in her seminal work, To Keep and Bear Arms: The Origins of an Anglo-American Right.

After WWI, the elites in England decided to ignore that part of the English heritage. The scholarship on the subject is clear.

The first real study of armed crime and firearms control was done by Colin  Greenwood, Chief Inspector, West Yorkshire Constabulary, in 1972, at the Institute of Criminology, University of Cambridge.   Greenwood was somewhat puzzled by the English firearms laws, because they did not appear to have any effect on crime, and very little study had gone into their creation.   Firearms restrictions had been vigorously opposed before the First World War, on the grounds that they infringed on the rights of Englishmen to be armed for their own defense.  The first significant English firearms law was passed in 1920. It wasn't until the year 2000 that Greenwood wrote about the reason for English suppression of the right to arms.  From Colin Greenwood, May 15, 2000.  The term "Constitutionalists" below means British Constitutionalists:

Constitutionalists might argue about whether in Britain, Statute law can over-ride the basic principles of the Common Law, but in 1920 the Government of Britain was in fear of revolution and documents such as the. Cabinet Diaries reveal debates about the number of aircraft available for use against insurgents within the British Isles. In that climate, the registration of firearms (other than shotguns) was imposed for the purpose of “ensuring that all arms are available for redistribution to friends of the government”.

Extensive research by Professor Joyce Lee Malcolm buttresses what Colin Greenwood found.    From Guns and Violence, the English Experience, page 162:

Second, the Firearms Act of 1920, which took away the traditional right of individuals to be armed, was not passed to reduce or prevent armed crime or gun accidents.  It was passed because the government was afraid of rebellion and keen to control access to guns.

It wasn't until 1920 that any serious firearms law existed in New Zealand.

It does not appear there was any legal challenge to the New Zealand or English laws based on the rights of Englishmen.  The Second Amendment of the United States Constitution, was written to create a more secure right to arms than existed in England. That foresight seems prescient.
  
In the proposed legislation, according to the nzherald.co.nz: 

• There will be a  national registry of all guns. 
• All gun ownership and all gun sales will be tracked.
• There will be a 5 year limit to a gun license, which will have to be renewed to continue ownership.
• A gun license will be required to purchase gun parts and accessories
• A separate license will be required for shooting clubs 
• Rules for gun dealers to obtain a license will be tightened.
• A dealers license will be required for more activities than currently.
• The law accedes to the United Nations protocols on firearms and ammunition controls
• There will be more offences and higher penalties than at present
• There will be changes to allow fees to be changed, as part of regulations, to cover the cost of these new laws 

One of the new crimes will be to give false information on applications to register firearms.

The max penalty is two years in jail, with up to a $20,000 fine.  

This appears to come from the Canadian experience. When Canada instituted their last firearms registry, gun owners fought back by registering numerous items, such as grease guns, staple guns, and nail guns. The far left New Zealand government seems intent on making that civil disobedience a serious crime.

The Canadian law, after 16 years and a billion dollars wasted, repealed their registry.

New Zealand gun owners are fighting back against the emotional onslaught of the far left party. The National Party is refusing to support the new level of restrictions on legal gun owners.

The first reading of the new law is scheduled for September 24th. The passage is in doubt.


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

Gun Watch

OH: Home Defense accident, Girfriend Wounded in Foot

It began when Griffin went to the Hanover Street, according to the report. The resident’s son answered the door just after 3 p.m. and slammed it when he noticed Griffin at the door with a shotgun, the report said.

The son, 16, retreated into the home, and his father retrieved a firearm. When attempting to get his family to the back of the house, the neighbor’s firearm accidentally discharged and struck his girlfriend in the left foot, according to police.
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NV: Off Duty Neighbor Shoots Pit Bull, Stops Attack

When the deputy marshal approached the residence he saw his neighbor being viciously attacked by a pit bull dog.

The deputy marshal shot the dog twice in an attempt to stop the attack. The dog limped across the road, collapsed and died.

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CA: Mistaken Identity Wife Shoots, Wounds Husband in Forearm

A man was accidentally shot in the arm Thursday night in Mountain View by his wife, who believed they were the victims of a home invasion, police said.
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MS: Home Invader shot multiple times by Homeowner

JACKSON, Miss. (WLBT) - A man was shot multiple times in Jackson just after 11:00 p.m. Tuesday night after breaking into a home.

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WI: Sheboygan Fatal Shooting Investigated as Self Defense Case

SHEBOYGAN, WI (WHBL) - Monday's fatal shooting in Sheboygan may have been a case of self defense. Police say the 22 year old shooter reportedly shot the victim after the victim pulled out a gun first during an argument while both were still inside the car. This happened in the parking lot of the Cash Store on South Business drive Monday.

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AmmoLand News Sweeps Gun Rights Policy Conference Defender of Liberty Awards

Dean Weingarten, recipient of the SAF & CCRKBA 2019 Defender of Liberty Award

 

Pheonix, AZ – -(AmmoLand.com)- The AmmoLand News team swept up the most award wins at this past weekend's Gun Rights Policy Conference with two Defenders of Liberty winners.

The Gun Rights Policy Conference (GRPC) is an annual get together of the leaders from all parts of the 2A community and was held at the Sheraton Crescent Hotel in Phoenix, AZ 85021. It is co-sponsored by SAF and CCRKBA. This year had a record turnout of attendees including hundreds of Second Amendment activists and experts from across the country.

AmmoLand News' own Dean Weingarten was the big winner of the 2019 Defender of Liberty award for his unrelenting coverage of local, state, federal and international news or events related to our right to keep and bear arms.

Dean Weingarten is also our resident expert on bear-defense with dozens of articles on the subject on AmmoLand News. Dean has been writing with AmmoLand since 2013 with a record 1360+ articles covering everything from politics to gun buybacks, to international defense with a gun, to hunting in Australia. His knowledge and dedication to defending our Second Amendment is unquestionable, and he is an excellent example of the best-of-the-best 2A writers that share the pages of AmmoLand News.

AmmoLand News Founder/Editor-in-Chief, Fredy Riehl, was also on the podium and is now a two-time award winner.

“While it is nice to be personally recognized and to hear that what we do every day at AmmoLand News is making a difference, this award really belongs to the entire team behind the scenes at AmmoLand. Especially, our co-founder, Brian Johnson, and our Editor, Duncan Johnson as well as all the dedicated and talented writers, reporters, volunteer contributors, and industry partners that give AmmoLand News our collective voice. Thank you to the entire team.”

.

“All of us combined are unstoppable in our defense of the Second Amendment. As AmmoLand News is now one of the most-read news websites on the internet we will continue that fight as we grow even bigger and more influential”.
“Thank you to all the readers and email subscribers that support us daily. Without your reading and sharing of our stories, we would have been blocked and shadow-banned out of existence by the powerful & biased internet search or social media systems. Thank you for crowd-sharing our way past their freedom-censorship walls that continue to block our daily coverage of positive pro-gun news.” ~ said Editor-in-Chief, Fredy Riehl.

Please continue to support AmmoLand News and our continuing battle to spread positive pro-gun news by subscribing here. 



Source: Ammoland

PA: Homeowner Disarms Invader, Shoots, Kills 1 of 2

PHILADELPHIA (WPVI) -- Police say it was a fight for survival during a home invasion Wednesday night around 11 p.m., along the 2200 Block of South Darien Street in South Philadelphia. Officers say two armed men stormed into the home and were confronted by the 22-year-old homeowner.

Police say the homeowner got into a scuffle with one of the suspects. Before it was over, multiple shots were fired and one of the suspects was dead.

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TN: Armed Homeowner in Munford Shoots, Wounds, Burglary Suspect

MUNFORD, Tenn. — A suspected burglar was shot by a homeowner in Munford.

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MT: Armed Monarch Resident Shoots Black Bear that Killed his Dog

Unfortunately, the bears did not move on and found their way back into the residential areas, where they attacked and killed a dog, prompting one person to act out in self-defense.

“During those events, the bear was wounded by a neighbor was shot with a rifle and injured,” said Holland.
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TX: Worker Shoots Member of Hostile Group that Displayed Gun

According to police, the contracted maintenance worker told officers that several men, one of them armed with a gun, walked into the store and caused an altercation. The maintenance worker fired his gun, striking one of the men, police said.
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OR: Domestic Defense, Wife Shoots Husband who Pulled Gun

The sheriff’s office says the wife shot the husband at least twice after he first pulled a gun during the argument. The woman after the shooting called 911. Deputies responded to the scene in under five minutes and tried to save the man's life, but were unsuccessful.

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FL: Armed Husband Stops Burglary with Warning Shot

Around 3:40 a.m. on Friday, the woman woke her husband up, who grabbed a gun and approached the man in his living room. He fired off one warning shot, and the burglar fled.
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Atlanta Journal Constitution: Shooting back at Armed, Masked Intruders Might be Legal

The leftist Atlanta Journal Constitution (AJC) has raised an incredible possibility, apparently something they just noticed: Self defense might be legal!

This is not parody. This is not in the opinion section. This was written as a straight news article. As a common practice, writers search for sources they can quote, which will give the spin their outlet desires.

In the United States, self defense has a long history. Self defense has never been illegal. Self defense must meet certain criteria. People are not allowed to murder another person, then claim it was self defense. That has been the law for hundreds of years. It has always been lawful to meet the threat of deadly force with deadly force. Self defense is considered a natural right.

The justification to use deadly force to repel robbers at night goes back to Mosaic law. It is not a new concept.

The case referred to happened near Conyers, Georgia, in the early morning hours of 16 September, 2019.

In the article, a summation of the event is given, as the police understand the situation.

Three masked intruders attempt to rob three residents of a home, at 4 a.m. One of the intruders fires several shots at the residents. The homeowner returns fire, killing all three masked intruders. After the police arrive and start the investigation, they find the three masked suspects were 15 and 16 years old.

The AJC article is structured to make it appear that with these facts, there is merely a possibility the defender would be justified. From ajc.com:

Though professor Covey isn’t involved in the investigation, he said it’s possible that the homeowner will not face charges because he acted in self-defense. If the homeowner believed his life or the lives of others at his home were in danger, he may have lawfully fired at the three teenagers, Covey said.

  it’s possible that the homeowner will not face charges

That is a bizarre way to look at the case. Given the facts we know at present, the probability falls exactly on the opposite side. A rational way to phrase it would be:

The homeowner could face charges, if it is determined he was not justified.

The presumption of innocence is an essential part of American law.

The investigation is ongoing. Some highly unusual circumstance may surface. It could happen.

To characterize this possibility as the most likely outcome is extreme spin. Quotes can be taken out of context, so it is not clear that Professor Covey is saying it is more likely than not the homeowner will be charged in this case. The AJC seems to be saying that.

The following quote indicates Covey is saying the doctrine of self defense, itself, should be re-examined to determine whether it makes sense. Covey correctly notes the investigation is ongoing. Then he uses the incident to opine on the doctrine of self defense:

Without all the facts in the Rockdale case, it’s hard to say whether the homeowner broke the law, Covey said. The incident raises the question of whether it makes sense to authorize people to use deadly force in similar situations, he said.

Consider the facts as known so far. What else could be the basis for Professor Covey's assertion?  What about the incident, as known, raises a question about the doctrine of deadly force in similar circumstances?

1. Three masked intruders approach a residence at 4 a.m.

2. One of the masked intruders opens fire at the residents with a Glock semi-automatic pistol.

3. The homeowner returns fire, killing all three intruders.

It is difficult to construct a more clear cut case for self defense with deadly force than being fired at by masked strangers, who approach you, uninvited, at 4 a.m. at your residence.

How does any of the above raise any question about the doctrine of self defense?

If such a case is questionable, all self defense is questionable.

I doubt you could find 10% of the population who would question the homeowners right to defend himself, his relatives, and his home from masked intruders, at night, who open fire on him and his.

It seems likely the homeowner used a semi-automatic rifle. That is not mentioned in the AJC article. Nor should it be relevant. With the current media push to demonize semi-automatic rifles, the AJC might consider it relevant.

There has never been a duty to retreat, unless you can do so safely. It is difficult to consider a less safe time than while you and your family are under fire.

The AJC attempts to tie this case to the Stand Your Ground law in Georgia, as do several other media outlets, including the Washington Post, USA Today, and  the New York Times. There is no connection. Given the facts as known, Georgia's Stand Your Ground law does not apply. Self defense would be justified with or without Stand Your Ground.

It is easier to effectively disarm the population, it the doctrine of self defense is questioned. The utility of arms for self defense must be denied.  In England, in Canada, in Australia, in New Zealand, their gun control laws specifically claim the use of firearms for self defense is not legitimate. None of those countries allow self defense as a legitimate reason to own firearms.

If the utility of arms for self defense is acknowledged, the right to keep and bear arms naturally follows.

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

Gun Watch

More Details PA: Man who Shot 2 Home Invaders not Identified

HILADELPHIA (WPVI) -- Philadelphia police are trying to track down a man they say stopped a home invasion by shooting two intruders, one of whom later died.

The break-in happened around 4 a.m. Monday at a home near Walker and Wellington Streets in the Tacony section of Philadelphia.

Police said two men wearing masks broke into the home by climbing up a deck and entering through a nearby window.

The men went upstairs and stole a cell phone from a 9-year-old boy and then held his mother at gunpoint in the next room demanding money, according to police.

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Followup CA: Kevin Leonardo Landivar Identified as Suspect Fatally Shot during San Pedro Break-In

Kevin Leonardo Landivar, 29, died at the scene of the shooting, which took place about 7:15 a.m. in the 2800 block of South Carolina Street, Los Angeles County Department of Medical Examiner-Coroner Lt. Nani Cholakians said. His city of residence was unknown.

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PA: Resident Shoots 2 home Invasion Suspects, Wounds 1, Kills 1

A Northeast Philadelphia resident shot two men who broke into their home early Monday. One man died, while another was hurt.

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KS: Father and Daughter take Intruder into Custody

The man who broke into the home was bleeding from his foot, and told Griffin that he was running away from someone. But when the man closed Griffin's door and tried to lock it, Griffin felt threatened. He called to his daughter and asked her to grab his gun.

Father and daughter had prepared for emergency situations like the one they encountered Thursday night, and she knew exactly what to do. Griffin was able to hold the man at gunpoint until the police came and took the intruder into custody.
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GA: Homeowner who shot 3 Masked Intruders may have Used Semi-Automatic Rifle

Cul-de-sac where the gun fight occurred. Residence involved at top of image. Consider the scene at 4 a.m. with a full moon at 55 degrees high, about in the direction of the driveway leading from the cul-de-sac toward the edge of the white roof.  North is approximately at the upper left corner of this image.

Link to Google image of cul-de-sac:

On Monday morning, 16 September, at about 4 a.m., a gunfight erupted at the end of the cul-de-sac of White Oak Ct. SE, in Conyers, Georgia.

According to reports, three masked intruders approached three residents of the home. One of the intruders produced a handgun and fired shots at the residents. Then numerous shots were fired. At least one witness described it as an exchange of shots.

During the gunfight, the three masked intruders were all hit. One died at the scene, two others were fatally wounded and died at the hospital. From www.cnn.com: 

Another neighbor ran out to help after he heard what sounded like five shots from a handgun, he said.
"Then I heard somebody have an assault rifle," Carlos Watson told WSB. "And it was a slew of shots that came out."

 The homeowner, a man reported to be about 50 years old, called 911 immediately after the gunfight. Neighbors say he owns a semi-automatic rifle. From wsbtv.com: 

The homeowner who shot the masked intruder is a man. Neighbors say he's a truck driver who owns a semi-automatic rifle and is highly protective of his mother.

I talked to a retired peace officer. He said his first thought, on reading of the gunfight, was the homeowner had a shotgun or a semi-automatic rifle.

The number of shots has me leaning toward the semi-automatic rifle option.

A reported relative of one of the suspects said, as recorded by wtoc.com:

"That's not how it’s supposed to go. I understand one shot to stop the people, the victims or whatever, but aggressively to shoot these little teens, that's overkill. That's too much to handle,” said an unidentified male, who was reportedly related to one of the teens who died.

The obvious question, is: When confronted by three masked intruders at 4 a.m., how is a homeowner to know their ages? Is it relevant? A 15-year-old can kill you just as dead as a 18-Year-old, or a 25-year-old.   15-year-old young men may be deadlier. They do not know their own mortality, and may be more reckless.

When fired upon by three masked intruders, there are few who would deny a homeowner the right to firing back.

It is worthwhile to note the defender appears to have used a semi-automatic rifle, exactly the type that several Democrat candidates wish to outlaw. At least one, Beto O'Rourke, has said he wishes to confiscate such rifles.

This is exactly why semi-automatic rifles make good home defense choices. Multiple attackers at your home, threatening your life and the lives of your loved ones. The rifles offer ease of use, accuracy, sufficient power, and enough capacity with standard 30 round magazines to allow for misses, multiple attackers, or attempts to penetrate barriers.

Two signs on the property say: No Trespassing. "Violators may be shot". The writing is a bit indistinct on the "may be shot" part. It is not clear the signs would have been legible at 4 a.m. There was a full moon in the sky, but the property is shaded with numerous trees. The moon was about 55 degrees above the horizon, slightly West of South, which would have been roughly above the white roofed house at the bottom of the image. That should have illuminated much of the cul-de-sac. The sky was clear at 4 a.m. in Atlanta, about 20 miles from Conyers. It appears there was enough light for accurate shooting.

Police say they found two guns at the scene. It is uncertain if the two guns include the firearm used by the defender.

Some in the media are claiming this could be a "Stand Your Ground" case. I do not see it. I do not know of any self defense law that requires you to retreat while you are being threatened by multiple assailants and being fired upon.

"Duty to retreat" laws typically require a person to retreat, only if they may do so safely. That caveat would be unlikely to apply when being shot at.

It will be interesting to see if the police release the model and caliber of the firearm used by the defender.

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

Gun Watch

OK: Police Investigate Shooting of Armed Man by Armeed Homeowner

A homeowner shot and killed a man Sunday night in east Tulsa, and police are still investigating exactly what led to the shooting.


Police Sgt. Joe Gamboa said the resident told officers that he heard someone banging on his front door in the 8500 block of East 33rd Place about 9:30 p.m. Sunday. When he looked to see who it was, he told police that he saw a man with a gun standing outside.
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IL: Gunfight, Armed Robber and Victim Both Killed

A concealed-carry permit holder and a man attempting to rob a business were each killed in a shootout Saturday night in Roseland on the Far South Side.

Derrick Gholston, 43, was standing about 7:15 p.m. outside of a business in the first block of East 112th Place when he was approached by two men who flashed a handgun and demanded his property, according to Chicago police and the Cook County medical examiner’s office.
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TN:Sylvan Drive Residents Shoot Violent Home Invasion Suspect

The victims of an early-morning burglary and assault turned the tables on their attacker, shooting the 25-year-old suspect, according to police.

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Followup NC: Shooting Death of 1 of 4 Home Invaders, Jahkee William Cooper, Ruled Justified

FORSYTH COUNTY, N.C. -- The Forsyth County District Attorney’s Office ruled the Aug. 27 shooting of an alleged robber by a person in Winston-Salem was justified, according to Forsyth County deputies.
Investigators have charged three men related to the shooting on Reid Road.

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Democrats Won't Include Gang Members in "Red Flag" Laws

On 10 September, 2019, Colorado Congressman Ken Buck (R-CO) offered an amendment to the proposed bill to create federal grants for  "Red Flag" bills in the House of Representative. The amendment was offered in the Judiciary Committee.  Representative Ken Buck's introduction of the amendment occurs in the first minute and ten seconds of the video on C-Span. "Red Flag" bills allow police to confiscate guns from people with a mere accusation they may pose a threat. In Red Flag bills, there is little due process.
An accusation is sufficient. No court appearance by the accused, or confrontation of witnesses, is required.  There is no presumption of innocence. To regain their rights, the person accused has to prove they are "not* a danger. They may incur thousands of dollars of court costs to regain the property that was taken from them without due process.

Representative Buck's amendment would allow law enforcement agencies, on probable cause of a person belonging to a criminal gang, to use "Red Flag" laws to take guns from gang members.

Representative Buck offered testimony that most murders and violent crimes involving guns are committed by gang members. The standard of probable cause is much higher than a mere accusation from a family member or other person who may have motivation to make false charges, on potential future conduct.

The amendment pointed out the hypocrisy of the Left. The Committee Chairman, Representative Nadler, said a person simply being on a database would violate due process. But red flag laws require less evidence than probable cause for law enforcement officials. They only require an accusation of the potential of a threat.

Rep. Buck told Tucker Carlson he was opposed to the "Red Flag" bill being passed at all. His amendment was to point out the hypocrisy, to show the Democrats want to take guns from people without criminal convictions, but who demand full due process for the people most likely to be involved in violent crimes.

Rep. Buck says 80% of murders committed with guns are committed by gang members. He says over 90% of the crime committed in America are committed by gang members.





 Link to video

Representative Veronica Escobar (D-TX),  brought up the problems of identity confusion in databases of gang members. John Lott has been pointing out the problems with identity confusion in the National Instant background Check System ( NICS) database, especially for minorities, for years. Democrats have not had a problem with that.

Ms Zoe Lofgren, (D) 19th District, California talked of due process problems.

Rep Doug Collins (R-GA) brought up the hypocrisy of the Democrats in voting to ban all members of the "no fly" list, which has far more problems with due process than gang members lists, from buying guns.  On 23 June, 2016, the Democrats staged a "sit-in" on the House floor, to demand people on the "no fly" list be banned from purchasing guns. From pbs.org:

Democrats staged an all-night sit in, demanding a vote on plan to ban anyone on the government's terrorist no-fly list from buying a gun.

The chairman of the Judiciary Committee, Rep. Nadler (D) New York, was parat of the all night sit in. He put out this as part of a press release:

Congressman Jerrold Nadler (D-NY) joined with Democratic colleagues to stage a sit-in on the House floor calling on Speaker Ryan and the Republican Leadership to bring forward common sense gun legislation that prohibits the sale of firearms to anyone on the terrorist watch list and closes the gun show loophole.

There is no "probable cause" to be put on a no fly list. There is no way to appeal being on a no-fly list. The standard to be on a gang member list is considerably higher. Yet Democrats were all for banning everyone who is on a "no-fly" list from purchasing a gun. When it comes to street gangs, however, any possibility of a lack of due process is seen by Democrats as an excellent reason to not have gang members red-flagged.

Why would Democrats, who show an overwhelming desire to disarm Americans, be so concerned about disarming people who are likely gang members?

Representative Buck says the Democrats want to disarm rural Americans, not gang members.

It is a serious charge. Unfortunately, it fits the facts. Guns are concentrated in rural America. Most rifles,  particularly semi-automatic rifles, are in rural America.  Rural America has far less crime than urban America. Most deaths associated with guns in rural America are suicides committed by older white men. Most homicides in America are committed by urban gang members.

Rep. Buck says the Democrats wish to split law enforcement from rural America with these laws.  He says many law enforcement agencies in rural America do not want these laws, and do not want to enforce them.

Separating law enforcement from gun owners has long been a goal of those wishing to disarm the American population.


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

Gun Watch

TX: Armed Samaritan Holds Robbery Suspect at Gunpoint

A witness on the scene chased Solorzano around the store and onto the nearby access road where they confronted Solorzano and told him return the money to the victim at which time Solorzano threw a backpack at the witness and hit them in the face with his fist. Solorzano then reveled a knife and told the witness to, “back up.”

Solorzano continued to run down the access road and was again confronted by two separate witnesses. One of these witnesses had a firearm and held Solorzano at gunpoint until police arrived on scene.
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KY: Gunfight, Nicholasville Pizza Driver Shoots, Wounds 1 of 2 Suspects

NICHOLASVILLE, Ky. (LEX 18) — According to police, a pizza delivery driver turned the tables on some would-be robbers by pulling out his own weapon and trading shots with them in Nicholasville.

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OK: Armed, Senior Woman Homeowner Shoots, Kills Intruder

ROCK ISLAND, Okla. (KFSM) — Right now Leflore County deputies are on the scene of what they are calling a possible home invasion.

According to the Leflore County Sheriff Rob Seal, an elderly woman shot an killed an intruder at her home in Rock Island.
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MI: Gunfight, CPL Holder Shoots Back in Detroit

The preliminary investigation revealed that the victim, a 30-year-old man, was driving his car near the above area, when the suspect appeared and fired several shots, striking him.

The victim, a CPL holder, then fired shots back. It is unknown if any of those shots took effect.


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AR: Armed Homeowner Shoots Burglar who Demanded he Give up His Gun

MANILA, Ark. (KAIT) - When a Mississippi County man awoke to find a burglar in his house, he told him to leave. Then the suspect told him to hand over his gun. Sheriff’s deputies say that’s when the homeowner shot him.

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AR: Armed Homeowner Holds Suspects for Police

Two armed men allegedly threatened a homeowner Thursday morning in Briarcliff, but when deputies arrived, the homeowner was holding them at gunpoint. According to Baxter County Sheriff John Montgomery, 29-year-old Greg Garreans and 28-year-old Kip Swadley of rural Mountain Home are in the Baxter County Detention Center on a felony count of aggravated assault, and a third suspect is on the run after fleeing from the scene. Investigators are attempting to identify the suspect referred to only as “Alex.”
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NC: Home Invader Shot, Wounded

CATAWBA COUNTY, N.C. (WBTV) - Deputies say an intruder was shot by a man during a home invasion in Catawba County Thursday morning. Deputies are still looking for the other intruder.

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Open Carry Leads to Conversation with a Chinese Immigrant About Guns, Law, and Power

Image from wikimedia, public domain, VOA

Open Carry often leads to interesting conversations.

An ethnic Chinese emigrant approached me as I was openly carrying, as I often do during my daily activities.

I will not identify the woman, who is an acquaintance. The reasons will become obvious.

She started by asking me if I had been dove hunting. I said I had. She asked if I had been successful.

I said I had. It was the start to a conversation on geopolitics, an opening, a subtle approach to ask about gun control in the United States.

The lady knows almost nothing about guns, United States gun laws, or even guns in China. She knows a good bit about Chinese governmental authority, Chinese cultures, and how governmental power is exercised in China. She has family there. She is multi-lingual.

To illustrate her ignorance about guns, she asked if I used the small one (the pistol on my hip) to hunt doves, or a big one. We are all ignorant, just about different things. She knows far more about Chinese cultures than I ever will; I know far more about guns and American gun culture. I explained a bit about shotguns and ballistics.

As the conversation progressed, it became clear she wanted to understand about American gun laws, and American gun culture.

She asked how many guns I had; I answered with a non-specific reference to past numbers.

She said an American told her he owned over a hundred guns. She said people in China did not have guns. They were not allowed to have guns. She asked if I was aware of what was happening in Hong Kong.  I said I was. She showed me pictures of protesters in Hong Kong.

I told her Americans had the most guns in the world, over 400 million. We have more guns than people, and while there are millions of illegal guns in China, the Chinese government worked hard to keep the Chinese unarmed, as did most governments in the world.  The illegal guns in China (about 50 million) are a fraction of the guns legally owned by Americans.

She asked why Americans had so many guns.

It told her, when the United States was created, we were able to do so because we were armed. We broke away from the British Empire about the time the British were importing opium into China.

When we created our founding documents, we included a guarantee the government would not disarm the people.  I told her people who have the guns make the rules. In America, the people have the guns. In America, the government is to be the servant of the people, not the people the servant of the government. In America, the government does not tell the people what the people need, the people tell the government what the government may do.

In America, people have guns to defend themselves from other people, and to keep limits on government power.

We agreed America was unique in its guarantee of the right to have guns. America is unlike China. America has a robust guarantee of property rights. The Chinese government was founded on the idea that property is theft, and that all property, ultimately, belongs to the government.

The lady said she could not discuss such things in China. That in China, much money goes into the pockets of government officials. She said she had to be very careful what she said, because she wished to be able to visit China.

She asked what the maximum number of guns a person was allowed to have in the United States.

I told her, there is no maximum number. There is no maximum amount of ammunition that may be owned. I told her a friend of mine, who recently died, had over a hundred guns and a hundred thousand rounds of ammunition in his estate. I used hyperbole to make the point: how many thousands of guns do you want, I asked? I will help you order them. You do not need government permission to own guns in the United States.

She did not ask for any guns. I told her I hoped the protesters in Hong Kong would accept a political settlement where they kept the rights they currently have.  I said many important members of the Chinese government have hundreds of millions, billions, of dollars in Hong Kong. Those members do not want the Chinese government to take control over Hong Kong, because their funds would no longer be safe from confiscation.

She ended the conversation by saying she was very, very happy she was living in the United States, and not in China.

I have had many conversations with people from other countries about guns and the Second Amendment.

One of the most memorable happened 30 years ago, in Panama. A Panamanian asking for food, during the Noriega difficulties (just before the U.S. invasion), talked about gun confiscation in Panama and other Central American countries. It will never happen in the United States, he said. The Rifle Association will not allow it.

Americans' access to arms is envied around the world.

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

Gun Watch

NE: Aggressive Jack Russel Terriers, Escaped, Shot, Killed

The dog’s owners claim this is only the second time their pets have got out, but an animal control employee told KCAU off-camera that he’s received several reports about the dogs being aggressive and scaring other neighbors in past years.

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FL: Armed Woman Fires Gun to Save Life, Stop Beating

MIAMI-DADE COUNTY, Fla. - Police are investigating after a woman fired her gun during a robbery outside a Popeyes in southwest Miami-Dade County.

Miami-Dade police Detective Lee Cowart said a woman who witnessed the robbery outside the Popeyes on the corner of Southwest 112th Avenue and Southwest 152nd Street tried to intervene, pulled out a gun and fired several shots.

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OK: Home Invasion Gunfight, Suspect Wounded

ENID, Okla. —
One person is in custody and police are looking for a possible second person involved in a home invasion, during which shots were fired Friday morning in Enid, police officials said.

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CA: Armed Man, Sleeping in Truck, Shoots 3 Robbery Suspects, Killing 1

The victim may be a certified security guard, who was off duty. 

The victim told investigators that he was sleeping in his truck outside an AutoZone in the 10900 block of Long Beach Boulevard about 4:45 a.m. when he was awakened by the suspects breaking into the vehicle.

The security guard was not an employee of AutoZone or any other nearby businesses, according to officials. He left the scene and notified authorities of what had happened.

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CA: San Pedro Burglary Suspect, Shot, Killed by Armed Resident

A burglary suspect was fatally shot by a San Pedro resident Thursday morning.
The incident was reported about 7:15 a.m. in the 2800 block of South Carolina Street, Los Angeles Police Department Officer Drake Madison said.

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Bears or Humans more Dangerous in Yellowstone Back Country?

Image of bear by Troy Nemitz

A few years ago, I held the widespread belief that in the wild, humans were far more dangerous than bears. Humans are the top predator on the planet. They routinely prey on their own. Far more humans are killed by humans than by bears.

The reality is more complex. As I researched bear attacks and the effectiveness of using handguns to stop those attacks, I found I was mistaken about the comparative danger of humans. Comparing how many people are killed by humans against how many are killed by bears is a misleading metric. There are hundreds of millions of people in North America, and somewhat less than a million bears.  About six percent of those are grizzly bears. There are about ten to fifteen thousand polar bears associated with North America. The danger of something is not represented by how many people are killed or hurt, out of the entire human population. Rather, the danger of something is more reliably measured by how many people are killed or hurt per the item in question in relation to exposure to humans.

Very few people die of drowning in the Sahara desert. To be in danger of being killed by a bear, you have to be where the bears are. It can happen in New York City, if you break into the zoo. In 1982, a man was killed by a polar bear when he climbed a series of fences to get into the bear cage after hours. An eleven year old boy was killed by bears in New York City when he sneaked into the polar bear enclosure at night, in 1987. Most of the time, most people are not in contact with bears. Lack of opportunity does not mean bears are not dangerous.

To consider how dangerous bears are, you must consider the danger level where the bears are. Fortunately, the National Park Service has kept records of  injuries and  fatalities inflicted by grizzly bears and the number of visitor days in Yellowstone park. The National Park Service site had these helpful numbers for the risk of being injured or killed by bears in the park.

Type of Recreational Activity:

Risk of Grizzly Bear Attack
Remain in developed areas, roadsides, and boardwalks: 1 in 25.1 million visits

Camp in roadside campgrounds: 1 in 22.8 million overnight stays

Camp in the backcountry: 1 in 1.4 million overnight stays

Travel in the backcountry: 1 in 232,000 person travel days

All park activities combined: 1 in 2.7 million visits

If you stay away from bears (in developed areas) the risk of injury by bear is only 1 in 25.1 million visits.

If you go where the bears are (travel in the back country), the risks increase 100 fold to 1 in 232,000 travel days. If you were in the back country for 1,000 days, or about five years (bears are only active about 200 days a year), your risk of injury by bear increases to 1 in 232! Deaths were about 15% of the injuries, or about 1 in 1600.

Make it a career, or about 30 years, the risk of injury by bear is roughly 1 in 39, with the chance of a fatality 1 in 265.  Increase the years to 78, the typical life expectancy in the United States, and the chances of being injured becomes 1 in 16, with chances of a fatality 1 in 102.

To put the risk in perspective, the lifetime risk of death by car accident in the United States is about 1 in 114.

The time you spend traveling in the back country in Yellowstone park, you have about the same chance of dying from bear attack, as you have of dying in a car accident, if you spend the time in the rest of the United States.

Bear attacks in bear country are a significant risk; about the same as car accidents in the rest of the United States.  The risk can be reduced through preventative measures and the use of safety equipment.

Wearing a personal firearm in bear country is similar to buckling your seat belt while driving.

Many bears are prevented from injuring humans, because the human was armed.

Timothy Treadwell spent a lot of time with bears. He did not consider bears a serious threat. He and his girlfriend, Amie Hugenard, were killed and eaten.

Phil Shoemaker guided people in Alaska for 33 years. For years he disparaged people who carried pistols to defend against bear attacks. In July, 2016, he used a 9 mm Smith & Wesson  pistol to defend his clients from a serious bear attack. He no longer derides people for carrying pistols to defend against bears.

The United States Geological Survey maintains an interesting collection of data on grizzly bear mortality in the Greater Yellowstone Ecological system (GYE).

I looked at the data for 2017. In 2017, there were 56 grizzly bear deaths recorded, out of a population of 690.  The grizzly bear population has been growing steadily since 1975, when they were listed as endangered. There were about 136 bears in the GYE in 1975. No fatal bear attacks on humans were recorded in the GYE in 2017.

In 2017, Of the approximate population of 690 grizzly bears, 56 died. Of the 56 recorded bear mortalities, 19 were killed in self defense by humans. 16 were killed by government bear management because they had proven to be a threat to humans and human property. 35 bears out of a population of 690, for one year, were a threat to human lives and human property. That is over five percent of grizzly bears in 2017.

Three bears were killed in road accidents and two were killed because of mistaken identity during black bear hunts. Natural causes (non human) accounted for seven bear deaths. Two of those were from other bears. Six bears died of unknown causes; three bear deaths were still under investigation.  Of the known causes of bear deaths (47) 35 were caused by bear-human conflicts, of which 19 were self defense killings  by humans.

Grizzly bears are an extremely dangerous species to humans. Humans are extremely dangerous to bears, if the human is attacked.

The indications are that numerous bears are killed in self defense for every person killed by a bear.

From the national park service nps.org:

5. Reducing conflicts with people is the key to grizzly conservation. Employing best practices for safety in bear country doesn't just protect people, but the welfare of animals as well. When bears kill people or damage property, bears lose.

The aggravated assault rate plus the murder rate for humans would be the comparable number to grizzly bear attacks. In 2016, for the United States, the aggravated assault rate was 248 per 100,000. The homicide rate was about 5 per hundred thousand. That would be a comparable rate of 253 per hundred thousand, or about .253%.  On an individual basis, the grizzly bears in the GYE are more than 20 times as dangerous as humans. One in 20 is involved in a serious assault in a given year. Roughly 1 in 400 humans is victimized in a serious assault in a given year in the United States.  Humans are far less dangerous in Yellowstone National Park. Career criminals don't seen to spend much time in Yellowstone. If they do, they are on vacation and seldom attack other people.

There are serious differences in the measurements, of course. In the bear population, individual bears were counted. In the human population, individual assaults were counted. With bears and humans, one individual is likely to commit several assaults. That would increase the numbers for the bears and decrease the numbers of humans. The actual proportion of dangerous grizzly bears to dangerous humans is likely much higher than 20 to 1.

Black bears are less likely to assault humans than are grizzly bears. But the number of black bears is much higher, so human fatalities inflicted by grizzly bears and black bears are about the same.  Black bears will normally run from humans. If a black bear does not run, the chances of an attack have multiplied many times over.

If you encounter a human stranger far from police or other humans, you should be wary. If you encounter a bear under the same circumstances, you should be many times as wary. If the bear does not run, prepare to defend yourself.

If you encounter a bear in the wild, your chances of injury or death have multiplied by orders of magnitude. They have become much, much higher than being struck by lightning. There have been only two deaths from lightning in Yellowstone park in the last hundred years, to compare with the seven deaths caused by bears. Neither of the lightning deaths occurred in the back country.

In Yellowstone National Park, in the last 100 years, there have been seven people killed by bears. Six of those were in the back country.  Four people were murdered by other humans. None of them were in the back country.

There are numerous bear attacks for every person killed by a bear.  The chances of a serious attack on people in wilderness bear country is much higher than the chance of an attack by a human or being struck by lightning.

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

Gun Watch

SC: Legally Armed man Stops man on Rampage in Black Truck

Witnesses said the suspect got in his black truck and continuously slammed into three to four cars. He was stopped by one of the drivers, who was carrying a gun. The man with the gun allegedly hit the suspect in the head with the weapon.

“I thought he shot him, but he had pistol-whipped the fellow and that’s what made the gun go off,” said witness John Simpson.

The York County Sheriff’s Office said the person with the gun will not face charges and is a legal concealed-carry gun owner.
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MN: Father with Carry Permit Shots at man Who gunned Down his Son

ST. PAUL, Minn. (AP) – Minnesota police say a man who was leaving a Bible study with his young daughter and father was fatally shot outside his church in St. Paul.

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Followup AR: July Finds Dale Wayne Bryant not guilty of all charges.

HUNTSVILLE, Ark. (KFSM) — A Combs man was acquitted on murder charges in the fatal shooting of his neighbor last year.

A Madison County Circuit Court jury on Friday (Sept. 13) found Dale Wayne Bryant, 57, not guilty of first or second-degree murder, negligent homicide or manslaughter charges.
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NC: Fatal shooting of Otto Worth ruled Self Defense

ROWAN COUNTY, N.C. (WBTV) - The Rowan County Sheriff’s Office says a shooting that took place early Saturday morning that left one man dead was self-defense.

Deputies initially responded to calls about a body being found in a yard off of Foster Road in Woodleaf. Upon arriving at the scene, officials found Robin Otto Worth, 35, deceased from an apparent gunshot wound.
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Open Carry in Walmart and Frys, September, 2019

There is an ongoing thrust by the fanatical pushers for a disarmed population, to enlist corporate America to their cause. Understandably, corporate entities are uneasy about outright support for any political faction; come out strongly on one side or the other, you are potentially alienating 20-30 percent of your customers. The 50% that are not strongly engaged in politics are unlikely to respond.

When it comes to Second Amendment issues, there are about 5 million NRA members and 100 million gun owners. There are about 30 million people that think owning a gun is immoral. The numbers game falls to the Second Amendment, but the Old Media are overwhelmingly hostile to gun ownership.

This puts corporate America in a bind. Several large corporations have yielded to old media pressure and enacted policies that request Americans who are exercising their Second Amendment rights, not to openly carry in their establishments.

In doing so, they are attempting to split the baby without bloodshed. The request is not legally binding. They are not banning firearms from their establishments; they are working a policy to give lip service to the liberal fascists who want to take a fire-axe to the Bill of Rights, while doing as little as possible to offend the Second Amendment juggernaut.

It all seemed pretty inconsequential. In a few months the policies would be forgotten, and Second Amendment supporters would get back to making incremental strides toward restoring Second Amendment rights.

Confession is good for the soul. I confess I forgot about the controversy.

I set out to get a few groceries and to check on the price of .22 ammunition at Walmart. I routinely open carry. I open carry primarily for political purposes, demonstrating to others the Second Amendment means something, and the government is effectively limited in at least one way.  I often open carry because it is a bit simpler and more convenient than concealed carry.  It is better to avoid trouble than to recover from it. Open carry is tactical deterrence. The overwhelming majority of criminals don't want to confront an armed person.

I did not notice any sign on the door at Walmart. I went about my business. The price of .22 ammunition continues to  drop toward to historical norms. A brick of 500 Remington Thunderbolt .22 Long Rifle cartridges was priced at $16.97. On Labor Day, CAL Ranch stores  had them for $14.99.  Three cents a round for .22 ammunition is not too bad.

I picked up a few inexpensive grocery items, and headed for the checkout. On the way there, I ran into an old friend who asked how I was. He asked if anyone had asked me to leave.

The light bulb came on. No, I said. I did not see any sign on the door. He graciously took my picture to commemorate Walmart's benign, non-confrontational, threading of the political needle. The phone in my shirt pocket could have been recording video. It wasn't.

I went to Fry's. They did not have .22 ammunition, but I don't recall them caving to liberal fascists, either. I spent a bit more there than I did at Walmart. I asked the checkout lady if she would take my picture to commemorate Fry's more open minded attitude.  The picture did not turn out quite as well as the one my buddy took.

People will rightly note the Glock 17 does not stand out against the dark shirt. Most people do not notice when a person is openly carrying, even when there is better contrast. I did not dress to show off the Glock, but for utilitarian purposes of where I live. Open carry has become so normalized in Arizona, no one considered it an issue. 

This is the situation the liberal fascists desperately want to avoid. They do not like anyone but the government to have guns. The open exercise of Second Amendment rights greatly offends them. My rights are not subject to their emotional and mental problems. Only a tiny percentage of Americans are offended by open carry. A much larger number are mildly surprised when they first encounter it, but  become accepting of it with a few exposures.  We constantly see the process as numerous winter visitors and California visitors come, notice, and become acclimated. Most people do not even notice.

The facts, the culture, and the Constitution are on the side of Second Amendment supporters. We only need to keep exposing the moral, legal, and cultural disasters of the left to continue to restore our rights. Their dominance of the media has made this difficult, but we are winning.

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

Gun Watch

Followup FL: Domestic Defense, Man shot by Woman Identified as Andrew Brian Patrick

A woman told investigators she shot Andrew Brian Patrick as he approached her with a knife during an argument.

The Marion County Sheriff’s Office identified the man shot and killed by a roommate on Friday night north of Ocala was 42-year-old Andrew Brian Patrick.
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IN: Gunfight, Home Invasion, Two Residents and Suspect Wounded

Three people were shot this morning in what police said was a home invasion.

Just before 8 a.m., police were called to the 4000 block of Reed Street, where a homeowner was shot during a home invasion. The two people inside the home, Demale Amos, 37 and Jamika Martin, 35, told police the suspect or suspects may have been shot before they ran off.
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RI: Victim of Robbery Accesses gun, Shoots Suspect

PROVIDENCE, R.I. (WPRI) — A man accused of robbing another man at gunpoint was ultimately shot by the victim, Providence Police said.

The robbery and shooting happened on Simmons Street shortly before 11 p.m. Monday night.
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MD: Armed Victim Stops Attack at Brandywine Apartments

Deputies responded to the 203000 block of Youngstoun Court for a report of shots fired around 11 p.m. They said the resident who was attacked fired several rounds from their own firearm, and the two suspects fled the area.
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