The homeowner told police he got into a fight with a burglar who refused to leave after the homeowner caught him in the garage.
During the struggle, the homeowner told police he fired his weapon at the man who then died, police say.
Sunday, January 31, 2021
MO: Willard Homeowner Shoots, Kills Home Invader
NEAR WILLARD, Mo. (KY3) -The Greene County Sheriff’s Office says a homeowner killed a man who broke into his home in the Meadows Subdivision Thursday morning.
Deputies were called to a home in the 6000 block of W. Hawthorn Ct. for a burglary in progress around 4 a.m.
Deputies found the suspect inside the house. They say that man attacked the homeowner before he was killed. Deputies aren’t saying how the homeowner killed the man.
Saturday, January 30, 2021
AZ, WV, The Fillibuster, the Second Amendment, and the Supreme Court
Images from wikipedia, combined, cropped, scaled and text added by Dean Weingarten
Much of the Bill of Rights may hang on the resolution of two Democrat senators, Kyrsten Sinema of Arizona and Joe Manchin of West Virginia. Both states are noted as being strong supporters of the Second Amendment. Both senators have stated they will vote to uphold the Senate filibuster rule. Their votes may determine the future of the Republic.
“Kyrsten is against eliminating the filibuster, and she is not open to changing her mind about eliminating the filibuster,” a spokesperson for Sinema told the Washington Post on Monday.
Manchin, speaking to reporters in the Capitol, reiterated that he does not support going "nuclear" to gut the 60-vote legislative filibuster and indicated that there was no timeline where, if Republicans blocked legislation, he would change his mind.
“I do not support doing away with the filibuster under any condition. It's not who I am," Manchin said.
The filibuster is a Senate rule which requires 60 senators to vote to end debate. This creates a requirement for 60 votes to pass legislation in the Senate.
The filibuster makes it difficult to get radical legislation through the Senate.
An exception to the filibuster exists for reconciliation votes on spending matters with the House. Obamacare was passed using the reconciliation process, which many consider an illegitimate use of the process.
The Democrats eliminated the fillibuster for judicial appointments during the Obama regime. The Republicans extended the elimination to Supreme Court appointments, and to limit debate on the appointments of judges.
With 50 Republican and 50 Democrat senators, many leftists are calling for elimination of the filibuster rule to allow them to force as many radical bills through the Congress as they can, as fast as they can, while they control both chambers of Congress with slim majorities.
The proposed changes include:
- Adding additional states to the Union to ensure Democrat control of the Senate
- Packing the Supreme Court with far-left judges to prevent the court from striking down unconstitutional legislation
- Extending citizenship to millions of illegal aliens
- Taking congressional control of national elections to facilitate leftist control of the national vote through: mandatory mail in ballots, elimination of identification for voter registration, mandatory voter registration, perhaps mandatory voting, perhaps extending the vote to 16 year olds.
Massive numbers of untracked and mail in ballots would make voter fraud difficult to find and prosecute, which many claim happened in Georgia, Nevada, and Wisconsin. With the partisan leftist Media and Tech Oligarchs having effective control over which elections are investigated, this would bias national elections even more in favor of Democrats.
With the Media and the Tech Oligarchs exposed as far-left partisans, there is movement in the states to preserve voting integrity. The left sees this as a threat. Many Leftists believe their slender control of the Senate is their last chance to pass radical changes through the legislature. The Democrat majority in the House is also slender, with only 10 votes separating the 232 Democrats and the Republicans.
Democrats may lose control of both the House and the Senate in 2022, if the radical changes proposed by the Left are prevented from happening for two years.
Senator Kyrsten Sinema has become a sort of "McCain" of the Democrats, being willing to "reach across the aisle" to conservatives from time to time. She has been gaining a reputation for independence from the Democrat herd. Senator Sinema maintains offices at three locations. Comments can be left on answering machines at all three locations.
3333 E. Camelback Rd, Suite 200
Phoenix, Arizona 85018
Phone: 602-598-7327
20 E. Ochoa St. Tucson, Arizona 85701
Phone: 520-639-7080
317 Hart Senate Office Building Washington D.C. 20510
Phone: 202-224-4521
Senator Manchin has occasionally sided with conservatives as well, but is not considered as independent as Sinema. He maintains offices in four locations. Comments can be left on answering machines at all four locations.
900 Pennsylvania Ave., Ste. 629
Charleston, WV 25302 Phone: 304-342-5855
Fax: 304-343-7144
261 Aikens Center, Ste. 305
Martinsburg, WV 25404 Phone: 304-264-4626
Fax: 304-262-3039
230 Adams Street
Fairmont, WV 26554 Phone: 304-368-0567
Fax: 304-368-0198
306 Hart Senate Office Building
Washington D.C. 20510 Phone: 202-224-3954
Fax: 202-228-0002
There are 20 Republican senators up for election in 2022, and 14 Democrats.
The entire house of representatives are up for election every two years.
Republicans gained seats in the House of Representatives in 2020, indicating any voter fraud could be overcome at the House of Representative level.
Senators Sinema and Manchin should be encouraged to uphold the long tradition of the Senate filibuster. Their support may be the tenous string to uphold the Republic, the consent of the governed, and the Bill of Rights over the next two years.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
LA: Shreveport Resident Shoots and Wounds Young Man Attempting to Break-in
It was about midnight Thursday when a family heard someone breaking into their home in the 3800 block of Fairfield Avenue. That’s at Dudley Drive and a few blocks from Mall St. Vincent in Shreveport’s Fairfield neighborhood.
The homeowner told police that someone was trying to force his way in through a rear window.
The resident, who was inside at the time, armed himself with a gun and fired at the intruder, grazing him in his right hip.
The homeowner then held the intruder at gunpoint until police arrived.
Followup AR: Killing of Micah Franklin ruled Justifiable
Prosecutor Matt Durrett said James Cesan was reasonable in his belief that his safety was threatened by Micah Franklin tried to force his way into Cesan’s home on December 1.
Friday, January 29, 2021
Prosecutor or Persecutor? Gardner Appeals for Power to Prosecute McCloskeys
Image screenshot of public announcement by Kim Gardner, Circuit Attorney
On Sunday, 28 June, 2020, the property of a married couple of Saint Louis lawyers was invaded by a screaming, unruly mob. Under Missouri law, the couple had a right to defend themselves and their home. From a previous article on AmmoLand:
Section 563.031 specifically allows the use of deadly force, not just showing a weapon, against people who have entered private property unlawfully. In order to be justified, the person using the force must reasonably believe such force to be necessary to defend themselves or a third person from the unlawful use of force.
(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
Far left St. Louis Circuit Attorney (prosecutor) Kimberly Gardner, started demonizing the couple which had dared to defend themselves against her political allies. She threatened prosecution. She referenced the case in her political literature, using inflammatory language.
After the McCloskeys, through their attorney, objected, she and her office were removed from the case under Missouri law.
Ordinarily, the slap on the wrist would be enough. Most prosecutors would simply allow another prosecutor to work the case.
Not Kimberly Gardner. She used the resources of her office to claim she was the victim, so as to preserve her power to prosecute/persecute the McCloskeys. She appealed her removal from the case to the Missouri Court of appeals. The Court of appeals upheld the lower court. From washingtonxaminer.com:
The Missouri Court of Appeals struck down Gardner's plea Wednesday, siding against her claim that she should not have been disqualified from the case by Circuit Judge Michael Stelzer in December.
The prosecutor was removed from the McCloskey case after it was determined she raised the appearance of initiating a "criminal prosecution for political purposes” following reports that she used the charges to circulate fundraising emails for her reelection bid, Circuit Judge Thomas Clark said at the time.
Circuit Attorney Kimberly Gardner has been embroiled in a series of controversial, political cases.
In a previous case against Gardner, the appeals court upheld a lower court ruling against her in Gardner v. Carmody.
CONCLUSION
Based on the foregoing, we affirm the trial court’s grant of judgment on the pleadings in favor of Gerard T. Carmody on Gardner’s petition in quo warranto.
Gardner prosecuted Governor Greitens in a case rife with politics. Her conduct in the case remains under investigation.
In January of 2020, Gardner sued St. Louis City for Civil Rights violations. The lawsuit was dismissed on 30 September, 2020. From wikipedia:
The judge wrote that: wrote: “Her 32-page complaint can best be described as a conglomeration of unrelated claims and conclusory statements supported by very few facts, which do not plead any recognizable cause of action” and continued that "Gardner presents no specific material facts, circumstantial or otherwise, to show that defendants acted with each other for the purpose of depriving her – or anyone else – of a constitutional right to equal protection. Her complaint is nothing more than a compilation of personal slights – none of which rise to a legal cause of action."[39] Judge Ross is a federal judge for the United States District Court for the Eastern District of Missouri. He was nominated by President Barack Obama in December 2010.
Kimberly Gardner will now appeal to the Missouri Supreme Court in an attempt to hold on to the power to prosecute the McCloskys. From msn.com:
The appeals court rejected Gardner's challenge on Wednesday.
Gardner now needs the Missouri Supreme Court to reinstate her office to the case.
A spokesperson for Gardner says her office will appeal the latest decision.
Kimberly Gardner won election and has kept her office with substantial donations from far left political organizations, funded in part by George Soros.
In 2020, Saint Louis had a record high homicide rate. Kimberly Gardner has been accused of failing to issue charges in the majority of felony arrests made by police. From stltoday.com:
Of the 68 homicide cases police sent to the Circuit Attorney Kim Gardner’s office for prosecution, far fewer have actually gone to court and resulted in convictions — bolstering the message of impunity to criminals. The year started off with Hayden accusing Gardner of failing to issue charges in the majority of felony arrests made by police. Gardner sued the city and the police union, alleging a racist conspiracy against her.
State prosecutors offices have limited resources. Kimberly Gardner appears to believe the priority of her resource use should be to reclaim the power to prosecute people for political reasons rather than to preserve order and the rule of law.
Kimberly Gardner was re-elected on 3 November, 2020 with 74% of the vote. Saint Louis City consistently votes in the upper 70's Democrat.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
IN: Residents in South Bend Shoot, Wound two People Attempting to Break-in
During the investigation, officers learned the two shooting victims were attempting to break into a home on Gladstone when the residents fired shots, police said.
The person who was located in the 900 block of Edison was taken to the hospital and is stable.
The second person who was shot was treated at the hospital, then taken to the jail on an unrelated warrant, police said.
TX: Auto Shop Employee shoots Handgun at Intruder Armed with Shotgun
An auto shop employee in north Fort Worth went to investigate a noise early Thursday morning, taking a handgun with him, when he saw a man pointing a shotgun at him. The employee fired toward the intruder, police said.
WA: Gunfight in Des Moines, Armed Victim Shoots, Kills Armed Robber
The 45-year-old then pulled a gun and demanded the younger man’s backpack, pocketing his weapon as the Renton man handed over the bag, said Mohr. The 31-year-old then pulled out his own gun and the 45-year-old grabbed his gun and fired once, missing the 31-year-old; the 31-year-old returned fire, striking the 45-year-old multiple times, according to Mohr.
The 45-year-old was treated at the scene but died soon after arriving at Seattle’s Harborview Medical Center, Mohr said.
Thursday, January 28, 2021
TX: Freer Man Justified in Shooting Mountain Lion
It wasn’t until the next day when Whitley and his daughter were eating dinner that he went to go check on his barking dogs and he realized there was a mountain lion in his backyard. He shot it soon after.
A Texas Parks and Wildlife game warden from Duval County went out and deemed the shot legal, stating that if you feel threatened you are legally allowed to shoot the animal.
MS: Home Invasion Gunfight at Moss Point. Homeowner Wounded, 1 Intruder Killed
Police Chief Brandon Ashley says the deceased victim and another man had attempted to carry out an armed home invasion of a residence in the area.
The two men approached the door of their target residence and encountered the homeowner.
At least one of the two men fired a gun multiple times at the homeowner striking him at least once. The homeowner returned fire, striking at least one of the two intruders. That intruder was fatally wounded and collapsed in the roadway.
The homeowner was treated and released from the hospital for his gunshot wounds.
Wednesday, January 27, 2021
Iowa Moves Forward with Constitutional Amendment Protecting Right to Arms
Iowa is one of 6 states which does not have a state constitutional provision protecting the right to keep and bear arms. A constitutional amendment has been working its way through the legislature for eight years.
The amendment has passed its first hurdle in 2021, an Iowa House subcommitte, with a 2-1 margin.
Amending the Iowa Constitution is a long and difficult process. The first step is for the legislature to pass the amendment.
Second, an election must occur.
Third, the legislature has to pass the amendment again.
Fourth, the amendment must be passed in a referendum. The referendum is at the next election.
If the people approve the amendment, it becomes part of the Iowa Constitution. Here is the amendment. From iowa.gov:
Right to keep and bear arms.
Sec. 1A. The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.
The amendment passed the Iowa legislature in November of 2018.
The amendment suffered a severe setback when the Secretary of State, Republican Paul Pate, admitted/discovered the amendment had not been published as required. This meant the amendment had to start the process again. SOS Pate's current term ends in 2022.
If the amendment passes in 2021 or 2022, the amendment will be placed on the ballot for the 2022 election.
Republicans control both houses of the Iowa legislature. There are 32 Republicans and 18 Democrats in the Iowa State Senate. There are 59 Republicans and 41 Democrats in the Iowa House of Representatives.
Constitutional amendments need only pass the legislature. Signature from the governor is not required. With strong majorities in both chambers of the Iowa legislature, the amendment is likely to pass. If it does not, blame will rest entirely with Republicans.
Passage of the referendum is almost certain. No referendum for a state constitutional amendment protecting the right to keep and bear arms has ever failed to pass in the United States.
The motto on the Great Seal of the State of Iowa is: "WE PRIZE OUR LIBERTIES AND OUR RIGHTS WE WILL MAINTAIN".
Voters have passed strengthened right to keep and bear arms constitutional amendments in other states with wide margins. Alabama passed a similar amendment in 2014 with 72% of the vote; Kansas in 2010 with 88%. Louisiana in 2012 with 74% of the vote; Missouri had strengthened its Constitution in 2014 with 61%; Wisconsin Constitution’s Section 25, which protects the right to keep and bear arms, passed in 1998 with 74% of the vote.
The other five states without a keep and bear arms provision in their state constitutions are: California, Maryland, Minnesota, New Jersey, and New York.
With voters overwhelmingly favoring the right to keep and bear arms in state constitutional amendments, those opposing an armed population have worked hard to keep such referendums off the ballot.
Minnesota is the only relatively gun-friendly state in the five states without such an amendment.
Those states without amendments are consistent with some of the greatest infringements on the right to keep and bear arms.
©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
MI: Residetnt Shoots, Kills Man Breaking into Home in Macomb County
"It was basically a home invasion, where the occupants were home and shot the individual who was coming in," said Sheriff Anthony Wickersham.
According to a news release, sheriff's deputies were dispatched to the complex for a home invasion in progress. While deputies were on their way, dispatch notified them residents reported hearing gunshots.
Tuesday, January 26, 2021
CA: Property Owner Shoots, Kills former Resident in Self Defense
It happened at 9:10 p.m. Thursday in the 21000 block of Harford Park Lane, according to the Riverside County Sheriff’s Department.
Sgt. Richard Carroll said the former resident physically threatened the property owner.
“During the confrontation, the property owner feared for their safety and their family’s safety and used a firearm against the assailant,” he said.
KY: Lyndon Holland Shoots, Kills, Drug Addict and Career Criminal who Assaulted Him
Magoffin County Deputy Coroner Brian Parker told Mortimer Media, “After forcing entry, he demanded their belongings and money and there was an altercation. Mr. Holland was assaulted by Mr. Johnson.
He then walked around the corner of his SUV, grabbed a Ruger .22, and fired one time in the air. He asked Mr. Johnson to please leave the property, but Mr. Johnson then grabbed a hammer and came around the front of the vehicle, threatening his life. He then fired and shot Mr. Johnson in the chest, single shot, and killed Mr. Johnson.”
President Biden Executive Orders Repealing President Trump Reforms
The following is an Email from Reeves & Dola, LLP. It details some of the Executive Orders put in place by President Biden. The effect of these EOs is to place more power in the hands of regulatory agencies. The Email is re-published with permission.
President Biden Immediately Revokes Trump Executive Orders on Regulatory Reform; Orders Modernization of Regulatory Review
On his first day in
office, President Biden executed 16 Executive Orders and Actions
covering a wide range of issues. Included among these actions is the Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulations (the "Biden Revocation EO"),
which immediately revokes several Trump directives targeting regulatory
reform. Citing the need to effectively tackle the challenges of
COVID-19, economic recovery, racial justice, and climate change, the
Biden EO "revokes harmful policies and directives that threaten to
frustrate the Federal Government's ability to confront these problems,
and empowers agencies to use appropriate regulatory tools to achieve
these goals."
This Biden Revocation EO revokes the following Trump Executive Orders:
- EO 13771, dated January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs) - requiring, among other things, federal agencies to identify two regulations to eliminate for every one new regulation issued (known as the "two-for-one rule").
- EO 13777, dated February 24, 2017 (Enforcing the Regulatory Reform Agenda) - requiring federal agencies to each establish a Regulatory Reform Task Force to implement regulatory reform initiatives and policies.
- EO 13875, dated June 14, 2019 (Evaluating and Improving the Utility of Federal Advisory Committees) - requiring federal agencies to evaluate the need for current advisory committees established under the Federal Advisory Committee Act and to eliminate at least one third of such committees.
- EO 13891, dated October 9, 2019 (Promoting the Rule of Law through Improved Agency Guidance Documents) - requiring federal agencies to treat guidance documents as non-binding in law and in practice, take public input into account in formulating guidance documents, and prohibiting agencies from imposing legally binding requirements on the public except though regulation and only after appropriate process, except as authorized by law or contract.
- EO 13892, dated October 9, 2019 (Promoting the Rule of Law through Transparency and Fairness in Civil Administration Enforcement and Adjudication) - stating that no person should be subjected to civil administrative enforcement action or adjudication absent public notice of both the enforcing agency's jurisdiction over the conduct and the legal standards applicable to the conduct, and requiring agencies to afford regulated parties the safeguards described in the order, above and beyond those that the courts have interpreted under the Fifth Amendment's Due Process Clause.
- EO 13893, dated October 10, 2019 (Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO) - requiring agencies to take steps to offset and curtail their administrative costs pursuant to the Office of Management and Budget's 2005 "Administrative pay-as-you-go" mechanism.
The Biden Revocation EO
requires the Office of Management and Budget ("OMB") and agency heads
to "promptly" take steps to rescind any orders, rules, regulations,
guidelines, or policies, or portions thereof, implementing or enforcing
the above-listed Trump EOs. In addition, the Biden EO abolishes all
personnel positions, committees, task forces, or other entities
established pursuant to the Trump EOs, including the regulatory reform
officer positions and regulatory reform task forces.
On the same day, President Biden issued a memorandum to heads of executive departments and agencies regarding modernizing regulatory review (the "Memorandum"). Referencing the
massive global pandemic, a major economic downturn, systemic racial
inequality, and the undeniable reality and accelerating threat of
climate change, the Memorandum states that "it is the policy of [the
Biden] Administration to mobilize the power of the Federal Government to
rebuild our Nation and address these and other challenges." The
Memorandum directs the Director of OMB to "begin a process" that will
ultimately produce recommendations for improving and modernizing
regulatory review, including "concrete suggestions on how the regulatory
review process can promote public health and safety, economic growth,
social welfare, racial justice, environmental stewardship, human
dignity, equity, and the interests of future generations."
It remains to be seen
exactly how these new executive directives and the various revocations
will impact the agencies and industry. We will monitor these
developments and keep you updated.
The
above alert is for informational purposes only and is not intended to
be construed or used as legal advice. Receipt of this alert does not
establish an attorney-client relationship.
Questions about this alert may be directed to:
Johanna Reeves: 202-715-9941, jreeves@reevesdola.com
Katherine Heubert: 202-715-9940, kheubert@reevesdola.com
|
|
About Reeves & Dola |
|
Reeves
& Dola is a Washington, DC law firm that specializes in helping
clients navigate the highly regulated and complex world of
manufacturing, sales and international trade of defense and commercial
products. We have a deep understanding of the Federal regulatory
process, and use our expertise in working with a variety of Federal
agencies to assist our clients with their transactional and regulatory
needs. |
|
Reeves & Dola, LLP
1775 I Street, NW, Suite 1150
Washington, DC 20006
202-683-4200
Monday, January 25, 2021
Constitutional Carry Coming to Utah? The Outlook is Positive
Image from Utah Legislature, Rep Walt Brooks
The outlook for Utah passing a form of Constitutional Carry in 2021 is positive. Representative Walt Brooks has sponsored HB60 as the vehicle for the long sought reform.
Rep. Walt Brooks, R-St. George, is sponsoring HB60 in the Utah Legislature’s upcoming 2021 general session, set to begin Jan. 19. The bill’s language mirrors legislation he filed in the final days of the 2020 session, which would remove the state’s requirement for law-abiding Utahns over the age of 21 to have a permit to lawfully carry a concealed firearm.
“Every single person has the right to protect themselves,” Brooks said, arguing that right should extend to people uncomfortable with openly carrying firearms. “It’s allowing a law-abiding citizen to be allowed (to put their gun) under their jacket or a wife to put it in her purse.”
Representative Brooks says he has the support of the new Utah Governor, Spencer Cox. From stgeorgeutah.com:
“(Gov. Spencer Cox) has told me several times that he’s in favor of the bill,” Brooks said.
As reported by the Deseret News last week, Cox’s spokeswoman, Jennifer Napier-Pearce, told the paper that, “Both Gov.-elect Cox and Lt. Gov.-elect (Deidre) Henderson have said they would support a constitutional carry bill and look forward to working with the sponsors on the details.”
The Utah legislature passed a weak version of Constitutional Carry in 2013.
HB76 passed with veto proof majorities in 2013. It passed 51 to 18 in the House and 22 - 7 in the Senate. It was vetoed by Governor Gary R. Herbert on 22 March, 2013. From ammoland.com:
In 2013 Governor Herbert claimed that obtaining a permit, attending classes,and paying fees “…does not inhibit our ability to bear arms.” when he vetoed constitutional carry in 2013.
HB76 was pretty weak sauce. It allowed people over 21 to carry handguns concealed, as long as they were unloaded.
(3) The provisions of Subsection 76-10-504(1) does not apply to a person 21 years of age or older who may lawfully possess a firearm, as long as the firearm is not loaded.
It was primarily one man, Governor Gary R. Herbert, who prevented Utah from passing even this weak version of Constitutional Carry for the last seven years.
HB60 is a much better, stronger version of Constitutional Carry. It is a very simple bill. Other states have followed this model, which negates the previous law which made carrying a concealed weapon illegal. From Bill HB60 utah.gov:
This bill modifies provisions related to carrying a concealed firearm.
Highlighted Provisions: This bill: provides that an individual who is 21 years old or older, and may lawfully possess a firearm, may carry a concealed firearm in a public area without a permit.
HB60 accomplishes this in a simple manner. It adds a section to the end of Statute 76-10-504 which says:
(5) Subsection 76-10-504(1) does not apply to a person 21 years old or older who may otherwise lawfully possess a firearm.
The provision covers both loaded and unloaded firearms.
It is likely HB60 will pass the legislature with large margins. It is likely Governor Spencer Cox will sign it.
This correspondent has seen many bills die in committee, or through other legislative machinations, no matter how popular they are.
HB60 has an excellent chance of passage. Most bills never become law, for many reasons.
If the Utah legislature wants Constitutional carry, they need to pass it rapidly and deliver it to Governor Cox expiditiously.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
TX: Armed Mother Shoots, Wounds Man Attempting Break-In
SUGAR LAND, Texas — An attempted home invasion was stopped by an armed mother who opened fire on the intruder early Friday, Sugar Land police said.
The woman had her 8-year-old child with her in the home — neither was physically hurt.
The suspect, identified as Santana Anthony Hudson, 21, survived and was taken to Memorial Hermann Hospital. He was arrested and charged with burglary of a habitation and unlawfully carrying a weapon.
Sunday, January 24, 2021
OH: Gunfight, Gas Station Clerk Wounds man who Fired at Him
CLEVELAND, Ohio (WOIO) - A gas station store clerk shot a gunman in the ankle early Wednesday morning.
Cleveland police said the suspect walked into the Marathon Gas Station in the 5300 block of Superior Avenue and fired several shots at the clerk.
The clerk, who was not injured, fired back and struck the suspect one time.
Officers said the suspect then drove off in a black Monte Carlo and crashed into a city salt truck at Superior Avenue and East Blvd.
Strange: No Comments for 5 days
It appears some sort of change has taken place.
There have been no comments on this blog for five days.
None.
Not even spam.
Comments appear to be allowed as usual.
Dean Weingarten
Saturday, January 23, 2021
Montana House Passes Bill with Constitutional Carry, Removal of Gun Free Zones
The Montana House of Representatives has passed major gun law legislation, HB102, by more than a 2-1 margin, 66 for, 31 against.
The bill is the accumulation of a decade and a half of struggle against Democrat Governors, who have repeatedly vetoed reform legislation passed with large majorities in the legislature. Numerous sections in the bill show the Montana legislature has learned the lesson from other states as they restore the right to keep and bear arms.
Link to the text of Montana bill HB102 at mt.gov.
HB102 is a general revision of Montana gun law. Numerous Montana statutes are revised, and new sections are added.Here are the major points of HB102:
Purpose and Legislative intent from the bill:
NEW SECTION. Section 1. Purpose. The purpose of [sections 1 through11] is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their fundamental right to defend themselves and others.
NEW SECTION. Section 2. Legislative intent. It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution, and to further establish that the right to defense of a person’s life, liberty, or property is a fundamental right.
Section 3. Legislative Findings:
- The Montana Constitution does not grant the Montana University system the power to amend, suspend, alter or abolish Constitutional rights.
- The Montana University land and buildings are public property, and are not private entities.
- Prohibition of possession of firearms on campus calls into question the right to keep and bear arms protected by the Montana Constitution.
- Gun free zones provide an increased risk to the health and safety of citizens.
- The U.S. Supreme Court, in the Heller and McDonald decisions affirmed the right to keep and bear arms. The rights apply against local and state governments.
Section 4. Establishes 8 limited places where concealed firearms may not be carried, and confirms they may be carried everywhere else.
Section 5. Prohibits university officials from infringing on the right to keep and bear arms.
Section 6. Allows for limited regulation of firearms on University campus.
Section 7. Allows for lawsuit and recovery of damages, court costs and attorney's fees if the right to keep and bear arms is denied, diminished or wrongfully delayed by government officials.
Section 8. Protects the defensive display of a weapon.
Section 9. Eliminates the penalties for concealed carry for people who may legally possess firearm (permitless carry).
Section 10. Limits concealed carry in places that serve alcohol, and in government buildings, to people who have concealed carry permits.
Section 11. Reinforces and enhances Montana preemption law for firearms.
Section 12. Repeals exceptions for numerous privileged officials and the statute banning the carry of firearms on a train.
Section 13. Severability of the statute
Section 14. Codification instructions
Section 15. Statute shall be effective on passage and approval.
Passage of HB102 in the Senate seems likely. Governor Greg Gianforte is expected to sign the bill.
Fifteen years of much needed reforms are included in the fifteen sections of HB102. The chance of passage is good. Expect intense lobbying and propaganda by those who want the population disarmed.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
TX: Neighbor Shoots, Kills Tresspasser who Attacked Him
The subsequent investigation revealed that earlier that morning Young had been issued a Criminal Trespass Warning for an apartment. He returned to the apartment complex and continued to bang on a door. This prompted a neighbor to exit and ask him to leave.
This resulted in an altercation and the neighbor shot Young.
IL: Car Owner Stops Theft of Vehicle with Gunfight
A legal gun owner who police say left his SUV running late Monday as he went into a Wicker Park store stopped the theft of his vehicle by exchanging gunfire with the person who drove off with it, a move firearms instructors caution should be a last resort.
TX: Bounty Hunters Invade Home, start Gunfight, are Arrested
Brannon rushed inside of the home and attempted to close the front door, but the men still managed to rush inside.
He
said he grabbed his gun from his closet, and that's when the gun battle
started. He said at one point, all three were shooting at him.
"I thought they was gonna kill me," he said.
Friday, January 22, 2021
The Minimal Barriers and Timing at the US Capitol, 6 January, 2021
Picture taken about 11:14 a.m. on 6 January, 2021.
The barriers put up to keep the crowds of protestors away from the Capitol building on 6 January, 2021, were minimal and easily overcome. They were primarily psychological. An ordinary 10 year old child could push their way through them, with minimal effort.
Physical barriers must be backed up by manpower, if they are to be effective. This is especially true for such minimalist barriers as were placed between the massive crowds which came to the Capitol on 6 January, 2021.
In the photograph, there are three widely spaced Capitol police officers in the broad grounds between the Ulyssess S. Grant Memorial and the Capitol. The distance between the two is about 250 yards.
It is a significant distance. Being at the Ulyssess S. Grant Memorial does not feel as if you are at the Capitol. You are hundreds of yards away from the Capitol building.
The first barrier encountered consisted of a line of the freestanding metal fencing pictured above. It is about three feet tall. Most of the individual sections were not connected with each other. A section can easily be lifted with one hand.
Another view of the Capitol from the West, before crowds of protestors began to arrive. Notice the two Capitol Police on the grounds. The signs saying AREA CLOSED are attached to the second barrier encountered.
The second barrier consisted of green plastic mesh, attached to steel fence posts with what appeared to be plastic ties.
A few pounds of pressure on the mesh would detach the mesh from the posts and defeat the barrier. There were several of these plastic mesh on steel posts barriers. Once the inhibition of pushing them down was overcome, there were ineffective.
At 12:30, most of the protestors at the Capitol were on the east side. By 12:45, protestors coming down the mall and Pennsylvania avenue began to accumulate between the barriers and the Ulyssess S. Grant Monument. The Monument had the steel stand alone barriers surrounding it. The monument has a footprint of about 70 feet by 250 feet. Protestors jostled/moved the steel stand alone fencing a foot or two, leaving gaps. This destroyed the psychological impact of this barrier. Protestors moved freely in and out of the Ulyssess S. Grant Monument.
A significant psychological barrier had been breached. More and more protestors joined the people at the barriers. There seemed an inexhaustible supply of protestors coming from the Ellipse area, down the mall and Pennsylvania Avenue. Hundreds of thousands were coming from the rally at the Ellipse.
About five minutes later, I heard a shout and saw a person had gone past the plastic mesh barrier on the north part of the west side of the Capitol grounds. He shouted encouragement. He was followed by a couple of dozen others.
The psychological breach of the flimsy barriers was similar to an earthen dam being breached. The trickle of people became a flow. The flow became a flood.
Tens, then hundreds, then thousands flowed toward the west side of the Capitol.
This picture is from early in the process. You can see how ineffectual the plastic mesh was.
This picture was taken three seconds later. The flow of people is increasing.
12:56:31, 18 seconds later. The pressure of the mass of people is turning into a flood moving toward the Capitol. Only a tiny fraction of the hundreds of thousands coming from the Ellipse have reached the barriers at this time.
That small fraction is still hundreds of people, rapidly becoming thousands of people. This picture is five seconds later. The first protestors have not yet reached the Capitol or the scaffolding.
This picture was taken about a minute and a half after the plastic mesh barriers were pushed through. The protestors are getting close to the Capitol but have not reached the scaffolding, which can be seen on the upper right.
Notice the section of stand alone fencing on the ground in the middle left, and the gaps in a third plastic mesh barrier with the signs on it.
The protestors reach the scaffolding at the Capitol. It is about 12:58:25 in the afternoon on 6 January, 2021.
More protestors arriving at scaffolding area 25 seconds later. It is very close to 12:59 pm. The Police Lives Matter flag was prophetic.
President Trump's speech ended about 01:12 p.m., about thirteen minutes later.
The protesters were overwhelmingly supportive and protective of the police.
There were very rare exceptions.
The west side of the Capitol is where the first entry to the Capitol by the protestors appears to have happened. It is said to have happened between about 2 p.m and 2:40 p.m., about an hour or more after the above picture was taken.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
CA: Gunfight in Hesperia, Homeowner with 9mm Drive off Intruder armed with .22 (video)
HESPERIA, Calif. (KABC) -- A Hesperia homeowner fended off an armed man
who was trying to break into his home, exchanging gunfire until the man
ran away.
The wild early-morning shootout was caught on camera -
and the suspect turned out to be a neighbor who lived only a few doors
down.
Link to Youtube video
Thursday, January 21, 2021
Ken Ledeau Bear attack 8 April, 2020 Dupuyer Montana .44 mag, Grizzly
File Image of grizzly bear by Troy Nemitz, permission to use granted; scaled and cropped by Dean Weingarten
Ken Ledeau is a semi-retired trucker who rented a cabin near Dupuyer Montana. He loved the area, the views and the wildlife he would see while walking for exercise. He would walk up and down a finger ridge on one side of Dupuyer creek drainage. The land was mostly open on the ridge, while the creek had dense stands of willow trees and other vegetation.
Ken was 59 years old when the bear attacked him.
Neighbors in the Dupuyer area had warned him about the dangers of grizzly bears in the area. He had taken their advice, and was carrying a Smith & Wesson 629 stainless steel .44 magnum revolver. The revolver was loaded with 305 grain HSM cartridges. He had a can of bear spray.
On 8 April, 2020, Ken was walking for in the evening. It was cool and clear, in the low 40's Fahrenheit. Ken wore an old backpacking windbreaker over his holstered pistol, gloves, and carried a walking stick. His 629 Smith has a six inch barrel, and was carried in an Uncle Mike's nylon belt holster with a thumb break retainer.
Ken hiked the ridge about a half mile south of his rented cabin. He was returning down the ridge. Lower on the ridge, on the right, toward the Dupuyer drainage, there was a patch of snow and a brush patch. As he passed the brush patch below him, he heard a noise. He stopped and looked around, but did not see any animals. He continued walking. For some reason, he looked back. A grizzly bear was emerging from the brush onto the snow and was charging up the slope toward him. The bear was 50-60 feet from him.
He yelled at the bear and threw his walking stick. The bear was up on the ridge and coming at him in an instant.
He tried to get at the big Smith revolver. The windbreaker interfered with his draw. The bear closed very fast. Time perception slowed, a common phenomena in life and death situations, known as tachypsychia.
As the bear closed, in fractions of a second, Ken twisted and raised his left leg to protect his groin and femoral artery. The bear grabbed him by the thigh, a few inches above the knee, by the big muscles. The bear did not reach bone. Ken said:
"When she bit me, it felt like a vise was closing on my leg."
As the bear knocked him down, and twisted him, he managed to free the revolver from the windbreaker, release the thumb break, and draw it.
He could see the back of the bear, but not its head. He shot the bear in the back, into the shoulder/chest, with the muzzle of the revolver just inches from it. Ken said, maybe he should have shot her in the head, but he did not want to shoot his own leg.
Ken says the first shot worked. It hurt the bear. The bear immediately let him go and retreated. As the bear turned and presented its side, he shot again at its chest. As the bear staggered away and paused, Ken emptied the revolver at it.
Then Ken attempted to reload with an HKS speed loader. The HKS is a handy way to carry spare ammunition. It seemed to take a long time to reload. He attributed the lack of speed to lack of experience.
The bear staggered away. Ken finished reloading, assessed the damage and limped back to his truck. He was able to drive to the hospital in Conrad. It took him four months to heal.
Before the attack Ken had fired his 629 Smith only once, to test it.
The Montana Fish Wildlife and Parks investigators told Ken he hit the
bear four times out of six shots. One of the shots hit the bear in the eye socket and missed the brain. The bear was an adult female about 12 years old, weighing 350 - 400 lbs. Three cubs were later found and rescued by a rancher.
Ken has started to practice with his Smith & Wesson. He had a .357 and a .22 when he was younger. He says he is not an experienced pistol user.
Ken is considering a shoulder holster or a chest holster. He has practiced drawing his revolver.
Ken said there had been nine bear attacks in Montana in 2020, as of the time of our conversation, late in the year. He says his experience and what he has observed in Dupuyer has changed his attitude about bears and how they affect the people living in areas where grizzly bears are expanding their range. He says many of those attacked were injured far worse than he was. The expense of recovery has been much higher for them.
He used to believe there should be more bears. Now he thinks the difficulties they present to people who are living where the bear population is increasing should be considered.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
IL: Gunfight, Security Guard and Car Thief
A Walgreens security guard exchanged gunfire Monday night with a man who stole his car, which he left running outside the Wicker Park store, according to a CPD report. No one was struck by the gunfire and the thief ditched his car nearby.
The guard, age 22, left his car running briefly while he ran into the store at 1372 North Milwaukee around 11:20 p.m., the report said. When he walked back out, he saw someone driving away with his black 2017 Hyundai SUV, according to CPD.
NH: Drug Addict and Felon Shot, Killed by Resident in Concord
Terrence Isaiah Wigglesworth, 28, a homeless man with several prior criminal incidents and interactions with Concord police, was killed around 11:30 a.m.
According to police, dispatch, witnesses, and scanner chatter, a caller from the complex called police accusing Wigglesworth of banging on the door of an apartment and then, hearing gunshots. Police and firefighters responded to the building and found Wigglesworth suffering from a gunshot wound on the fourth floor of the complex, according to Kate Giaquinto, the director of communications for the attorney general's office.
Wednesday, January 20, 2021
Defensive Mountain Lion Shooting by Eldorado County Deputy with Colt AR15 Style Rifle
From El Dorado County Sheriff's Office facebook, cropped and scaled by Dean Weingarten
Have call in to Sgt. Robert St. Tierre at SO have recording, notes.
In the afternoon of 11 January, 2021, a family with two small children and two small dogs was walking along the El Dorado bike trail. They were just outside of Placerville, California, on the east side. The trail there is paved. The weather was very good for walking, the sky was clear and the temperature was about 55 degrees F, with a light breeze. The two small children were in a stroller.
The couple noticed a mountain lion behind them on the trail. They shouted at the lion. It continued to follow them for several minutes. The family called 911. A veteran deputy from the El Dorado Sheriff's department made good time reaching their location. It was seven minutes from the 911 call to his arrival on the scene, about 200 yards east of where the El Dorado trail crosses the Smith Flat School Road, not far outside the city limits.
El Dorado Sheriff's department requires every patrol vehicle to have a Remington 870 shotgun and a dedicated less-lethal beanbag shotgun in the vehicle. If patrol officers take and pass a rifle course, they may be issued a Colt AR15 style rifle in .223 caliber. The issue ammunition is a 55 grain Hornaday softtip TAP. Almost all of the patrol deputies have rifles; most of them have purchased their own optical sights to put on the rifles, which are issued with iron sights as standard.
When the deputy arrived at the young family's location, he exited the vehicle with a Colt AR15 style rifle in .223 caliber.
The mountain lion was not deterred, even after the deputy arrived. The deputy tried shouting at the animal. It stopped pacing back and forth, and started advancing toward the deputy.
The deputy fired a warning round in front of the big cat. It continued to advance.
The deputy fired at the front of the cat, below the head. At the the shot, the cat started charging the deputy. The first shot was from 25-30 yards out.
The deputy continued to fire, hitting the cat three or four times out of four or five shots. The last shot was into the side of the cat as it turned. It dropped to the ground about 10 yards from the deputy.
California Fish and Wildlife took possession of the cat from the Sheriff's Office. F&W will have a necropsy of the cat performed to see if it had rabies or any other problems. The mountain lion was a full grown, adult female.
California banned hunting of mountain lions with proposition 117 in 1990.
Mountain lions may be killed in self defense, or depredation permits can be obtained to kill lions which are killing livestock. In 2016, 218 depredation permits were issued and 120 problem mountain lions were killed, according to sacbee.com.
When mountain lions were routinely hunted with dogs, it was common for even a small dog to tree a mountain lion.
Today, thirty years after regular lion hunting was banned in California, mountain lions routinely kill and eat pet dogs.
In the comments at the Eldorado Sherrif's Office facebook page, several commenters revealed they had close encounters with mountain lions. From the comments:
My kids were also followed about six months ago in this same area. Called the sheriff's and they did nothing. Had to wait for 3 weeks till animals control to call back. Unfortunately something bad has to happen before action.We hike all the time and everywhere, but never without at the very least pepper spray and a knife or two. When we go deeper into the mountains we always bring a side arm. We got stalked once and it is an eerie scary feeling even when you are armed.I'm glad no one was hurt. This is not typical lion behavior (although once I had one on the roof of my house staring down at me at 5 am!). They normally stay hidden or run off.I was followed by a cat while hiking back to my car after a day of prospecting a few years ago. I walked backwards away from it and made sure to make lots of sound while waving my shovel. I think it got bored of watching a lunatic so it walked away into the forest.I also had a gun on me, luckily i did not need to use it.
Animal populations must be managed by humans, or they fluctuate wildly. There is no inherent "balance" in nature. Predator populations increase until they run out of food or habitat.
Human occupied areas offer plenty of food for predators in the form of garbage, garages, pet food, pets, and if pressed, people themselves.
The most effective, humane, and efficient way to manage predator populations is with regulated hunting. Without management of large predator populations, they increase until humans are put at risk.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch