KY: Homeowner Shoots Intruder on Front Porch in West Plains

Officers responded to a burglary call around 1 a.m. in the 500 block of Pennsylvania Avenue. Officers learned the homeowner shot the man on the front porch of the home.

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WI: Wolf Harvest ends Early with Abundant Wolves and Excellent Hunting Conditions

The Wisconsin DNR reports as of 3:25 p.m. Thursday, 216 wolves have been harvested since the first day of the state’s wolf hunt. That’s 97 more wolves than the limit for non-tribal hunters. Zones 1,3,4 closed at 3 p.m. Wednesday. Zones 2,5,6 closed at 10 a.m. Wednesday morning. The hunt began Monday morning.

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TX: Gunfight, Home Invasion, Couple Wounded, Invader Killed

A comment at the Sheriff's facebook page indicates this may have been a domestic love triangle situation.
 

“The preliminary investigation revealed that an armed male entered the residence without consent,” the Facebook post stated. “This woke up the other male who lives at this address. Words were exchanged between the two males, and both males began shooting at one another.”

Both men were shot multiple times, and the woman was hit as well, the Facebook post stated.

The man that broke into the home later died as a result of his injuries.

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LA: Man Shoots Youth who Displayed Weapon while Burglarizing Truck

Mark explained, according to an official report, that he was at his sister's apartment, asleep, when a noise outside woke him up. Mark claimed he went to the window to investigate and saw two black males in ski masks breaking into his truck.

So, Mark claimed he proceeded to arm himself with a handgun, go outside, and confront the burglars.

While approaching them, Mark said he noticed one of them holding something that appeared to be a weapon, which Mark told police "could have been a screwdriver or tool." But, in the heat of the moment, Mark feared the item was a handgun.

So, Mark said he shot at one of the two burglars, and both fled.

Mark went on to tell police he chased the wounded burglar on Burbank drive, caught up with him, and demanded that he drop "his weapon," which Mark then realized was a screwdriver and not a gun.

Mark said he then demanded that the burglar lead him to where he'd stashed $10,000, which Mark said appeared to be missing from his truck.

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PA: Woman Shoots Intruder, no Charges

Pennsylvania does not have or require gun registration, so the comment about gun registration is bizarre.

“Because if he was getting into my house, I probably would have done the same thing if I had a gun,” neighbor Robert Gonzalez said. “I’m just going to do things a lot safer, look out for myself. Make sure whoever comes, got a look, look at his face, see what’s going on. You know, probably scope him.”

Police say the gun the woman used was legally registered.

No charges have been filed against the woman.

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Kenosha WI: Huber Gives Judge Schroeder the Middle Finger at Rittenhouse Hearing

 

Screenshot from Youtube video of hearing, cropped, scaled and yellow text added by Dean Weingarten.

On 11 February, 2021, there was a bond hearing for Kyle Rittenhouse, conducted on Zoom, over the Internet, by Judge Bruce E. Schroeder. 

Link to Hearing video on Youtube 

The hearing was requested by the District Attorney Office, represented by DA Thomas Binger. 

Those opposing Kyle Rittenhouse had characterized Kyle as dangerous and a white supremacist. There has not been any evidence presented to support this claim, other than claiming the OK hand sign is used by white supremacists. DA Binger appeared to be echoing those claims.

The hearing did not go well for DA Binger. Judge Schroeder corrected DA Binger on using the prejudicial word "victim" inappropriately, mis-interpreting the law, miss-representing fact, and mis-representing bond procedures.

DA Binger, presumably, had invited one of the men who had attacked Kyle, Gaige Grosskruetz, to the hearing. Also invited (presumably by Binger) were the attorney representing Grosskruetz, Kimberly Motley; the attorney representing the two men who had attacked Kyle and who had been killed,  Joseph Rosenbaum and Anthony Huber; and Huber's Father, John Huber (in the yellow shirt). 

Kyle Rittenhouse has always claimed his use of deadly force during the Kenosha riots were justified self defense.

Rittenhouse can be seen fleeing the mob before the shooting, and being attacked in a coordinated manner by three men, two of which had weapons (a pistol and a skateboard).  It is all documented on video from numerous angles.

Screenshot from Youtube video of hearing, at 45:11, cropped and scaled by Dean Weingarten.

By the end of the hearing, Judge Schroeder had assured those present he was committed to the rule of law, a fair trial, due process, and a respect for Constitutional rights. He stated he would treat everyone in his courthouse without regard to skin color.

Judge Schroeder reiterated his long-standing policy that the word "victim" would not be used in his courtroom, because calling some parties involved "victims" prejudges the case. 

In ordinary circumstances, this would be applauded and hoped for.

One of the functions of a trial is to determine who was the victim, especially in a self defense case, where the person being tried claims they were attacked and defended themselves. The people Rittenhouse shot were white.

These are not ordinary circumstances. 

Kyle Rittenhouse did not simply defend himself against multiple attackers, two of whom were violent felons (Rosenbaum and Huber).  The people Rittenhouse shot were considered to be allies of the violent left. 

The philosophy of the violent left holds the system itself as illegitimate, therefore, the rule of law is illegitimate.

The attitude is seen in John Huber's response.  Huber, without evidence, read a prepared statement smearing Rittenhouse and claiming the people supporting Rittenhouse were "hate groups" and "militia". Huber holds the laws to be illegitimate: 

"Whatever the statutes are, they must be wrong."

Huber holds the statutes must be wrong, because they do not give him the result he wants.

John Huber appeared to make a veiled threat.  John Huber said: 

"You're not going to be free as F.  Justice is going to be served to you. "

Judge Schroeder was gentle with him, probably because he is expected to be a grieving father.

Judge Schroeder carefully explained the law, bail bond procedure, and the facts to the DA. Then he made his ruling. 

John Huber's response was was the middle finger salute. A less disciplined and gentle judge than Judge Schroeder might have taken offense, if not for himself, then for the dignity of the court. 

Perhaps John Huber has anger issues.

Judge Schroeder let it pass.

It seems unlikely such conduct will be allowed during the trial.

Analysis:

Those on the left have repeatedly shown they do not believe in the rule of law or of due process. They believe the system needs to be destroyed so they can replace it. They desire the rule of man.

Consequently, they show no respect for the rule of law or due process. Some prosecutors seem to have been recruited and have been elected on the premise the rule of law and due process are illegitimate.

 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

IA: Homeowner Shoots, Kills, Home Invader

OTTUMWA, Iowa — A man was shot and killed Thursday night in rural Wapello County after forcibly entering a home defended by an armed homeowner.

A statement issued Friday morning by the Wapello County Sheriff’s office said their agency received a 911 call about 9:15 p.m. by a caller who “explained that a male subject was attempting to gain entry into their residence, located between Ottumwa and Agency on 97th Avenue.”

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Review: The Trayvon Hoax, Unmasking the Witness Fraud 1:59 2020 by Joel Gilbert, Free on Youtube

 

 

Joel Gilbert has produced an superb work of investigative journalism. If the old media were not complicit in the hoax, this would be front page news across the nation. A travesty of justice was perpetrated against George Zimmerman. The two hour documentary shows how and why it was done.

Link to Free Youtube video of The Trayvon Hoax 

 https://www.youtube.com/watch?v=QAw5ykIPOBM&feature=youtu.be

Full disclosure: This correspondent has written extensively on the Trayvon Martin - George Zimmerman case. I was one of the first to defend George Zimmerman, to declare the case was being used for political purposes. 

 https://www.ammoland.com/2015/05/george-zimmerman-shooting-apparent-assassination-attempt/#axzz6UoMTY3rP

 http://gunwatch.blogspot.com/2013/12/i-am-pulling-for-george-zimmerman.html

 

Joel Gilbert's documentary and investigative work are convincing evidence of how the fraud on the court was created, propagated, and promoted for political and financial gain. 

Gilbert started his investigation with a desire to document how a far-left, radical mayor, with significant corruption problems, came within a squeak of being elected as the Governor of Florida in 2018.  As he looked into the politics of the election, it became clear candidate Andrew Gillum used false perceptions about the Trayvon Martin - George Zimmerman case, fostered and promoted by the Media, to promote his candidacy. Gillum, who has since been involved in more scandals, came shockingly close to winning.

Joel Gilbert decided he needed to know more about the Trayvon Martin - George Zimmerman case. He was able to meet with and interview George Zimmerman. He obtained the entire phone log for Trayvon Martin.

As someone who has done investigative work, Joel Gilbert does a brilliant job.

He illustrates that 99% of genius is hard work.

The investigative work, clarity of the evidence, and thoroughness of the multiple lines of investigation pursued, are superb. This is what serious, well done investigative journalism is and should be.

There is the evidence. Well documented, explained and verified. The case put forward by Gilbert is compelling, understandable, and damning.

The star witness in the case was not who she was portrayed to be. It was a deliberate fraud on the court. The evidence Gilbert uncovered is bound to figure prominently in the current lawsuit George Zimmerman has filed against those who defamed him for political and financial gain.

Gilbert does not spend much time on a side plot revealed by his investigation, which may give a glimmer of understanding as to why Trayvon Martin chose to attack George Zimmerman. 

Trayvon Martin was 17. He was head over heals in love with Diamond Eugene, a beautiful, sexy 16 year old young woman. Their relationship was intense and overtly sexual. Trayvon was spending hours a day on the telephone with Diamond. He did not know she was also in a relationship with another young man. Diamond expected and demanded a lot of time and attention. Just before Trayvon Martin attacked George Zimmerman, Diamond seems to have dumped him. It is in the text messages, as Gilbert illustrates:

Trayvon:

u sayd ima waste of yo time

Diamond: 

it wat it is

Trayvon:

u really hurt a nigga feelns

Diamond: 

it whatever

Trayvon: 

u done wit m??

Diamond: 

nigga go fuck a hoe

Could this be why Trayvon felt compelled to attack George Zimmerman? Male humans are often at their most dangerous when they have been rejected by a significant love interest. 

Joel Gilbert does not say that was Trayvon's motive. He does not dwell on this aspect of his investigation. 

Most of the investigation is about finding the real Diamond Eugene, and linking her to Trayvon Martin, Sabrina Martin, the false witness (Rachel Eugene), Benjamin Crump and Matt Gutman with irrefutable evidence.  

Joel Gilbert uses his fine-tuned skills to develop:

• Phone evidence
• Handwriting evidence
  
• DNA evidence 
• Video evidence
  

It is no small thing to substitute a fake witness in a murder trial for the real witness. 

I give The Trayvon Hoax documentary five stars. If you have been interested in the Trayvon Martin - George  Zimmerman case, watch this documentary. It reveals how much the nation has been played by those who benefit from racial strife. 

Joel Gilbert deserves high praise for doing the work none of the power elite wanted done. 

The two hours spent watching this documentary is two hours well spent. 

If you prefer to read the book, it is available at this site.

  https://www.thetrayvonhoax.com/

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

 

 

CO: Home Invasion Gunfight, Two Injured

DENVER (CBS4) – Denver police preliminarily said three suspects invaded a home on South Madison near Colorado Boulevard and Yale Avenue. They also said a fourth suspect was waiting in a vehicle outside the home.

Investigators say the suspects demanded everyone to get on the ground, and one person inside the home then pulled out a weapon.

 Police say the suspects pulled out a rifle, and a shootout followed. Two people were hurt; one person suffered a head injury which investigators say is not life threatening.

 

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LA: Armed Citizens Stop Mass Killing at Gun Store/Range

Armed citizens were credited with limiting fatalities in a shooting in Louisiana on Saturday that left three people dead, including the suspect, according to authorities.

The outburst, at a gun store and range just down the road from Louis Armstrong New Orleans International Airport, also left two people wounded, according to the Jefferson Parish Sheriff's Office.

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NY: Disarm, Worker Shot, Killed, Owner Shot, Struggles for Gun, Attacker Shot

A murderous Bronx drug dealer settled his beef with a local deli by coldly executing a store worker and blasting its owner in the chest before taking a bullet to the head from his own gun during an ensuing brawl, police said Wednesday.

The grudge-holding gunman, Tykwan McLeod, 45, made a beeline toward deli worker Donte Thomas, 33, and opened fire at 8:45 p.m. Tuesday, cops said.

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FL: Office Worker Shoots Man who Used Machete to Attack Him and Co-Worker

Records show 31-year-old Oraine Mitchell Grant came into the business seemingly upset with a large knife, later identified as a machete. Grant argued with a woman and a man who worked there, then went to stab the employees, investigators said. Officers said as Grant was trying to lunge at the employees, one of the workers shot him.

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MT: Governor Gianforte Signs HB 102, Permitless (Constitutional) Carry, Much More

Screen shot from Montana Public Access video, cropped scaled and text added by Dean Weingarten

 

On 18 February, 2021, Governor Greg Gianforte signed Montana HB102 into law. The bill is the largest, most comprehensive reform of Montana gun laws in the history of the state. A previous AmmoLand article discussed the details of the law.

Many of the reforms in the law have been sought for decades, but have been thwarted by Montana Governors. Democrat Governors vetoed Constitutional Carry bills three times in the last 15 years.

In 2021, Governor Gianforte said he was looking forward to signing  HB102 on February 4th, in an interview on KGVO.com: 

“There are a number of pieces of legislation moving through the Montana legislature,” said Gianforte. “I'm looking forward to getting them on my desk. One of those bills is HB 102, which would provide for constitutional carry here in the state. I'm looking forward to signing that bill, and if there are attempts to infringe on our state's rights as it relates to our constitutional rights, know that I will work side by side with our Attorney General to oppose any of those efforts.”

HB102 passed the legislature on the 9th of February, and was sent to Governor Gianforte on 11 February. A week later, on 18 February, the bill was signed in a video-recorded ceremony. 

 

Link to video

When a governor publicly signs a right to keep and bear arms bill, it indicates they actually support it, rather than  are ashamed of it.

Montana becomes the 18th State to restore Constitutional Carry. Constitutional Carry is a reasonable approximation of a return to the state of law when the Second Amendment was ratified in 1791. At that time, no permits were required to carry arms either openly or concealed. 

The carry of arms was essentially unregulated in the first thirty years of the new republic. Early gun laws were designed to prevent slaves from carrying arms without their owners' permission. 

The regulation of concealed carry by states gained ground after the Supreme Court ruled the bill of rights did not apply to the States in 1833. 

Vermont has always had Constitutional Carry. Alaska restored Constitutional Carry in 2003, Arizona in 2010. An additional 15 states followed, including Utah and Montana this year. The other 13 states in order of passage, are:

Wyoming, Arkansas, Kansas, Maine, Idaho, Missouri, West Virginia, Mississippi, New Hampshire, North Dakota, South Dakota, Oklahoma, and Kentucky.

A study published in the Journal of American College of Surgeons showed no effect on violent crime rates over the 30 years previous to 2019, as nearly all states removed significant restrictions on the legal carry of firearms. From the abstract:

Results

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

Conclusions

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

The principle reason to restore Constitutional Carry is to restore the rule of law and of limited government. The fact that no have is caused is a good thing. The enormous benefits of the rule of law and limited goverment could not be measured by such a study. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

Followup FL: Gunfight, Nimikae Clark Identified as Robbery Suspect who was killed

Authorities said the robbery victim was at a drive-thru BB&T ATM when he was approached by Clark.

After a confrontation, shots were fired by both the accused robber and victim, but Clark was fatally wounded. A second subject was spotted fleeing the scene.

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FL: Homeowner shoots Suspect on Video

The suspect who was shot has been arrested, and the homeowner who shot him wants other would-be bad guys to take note.

The homeowner, who did not want to reveal his identity, told Local 10 News he was alone and spotted the two men outside his home.

They split up, and one of them walks straight into the home’s carport, grabbing items that don’t belong to him, wheeling out a pricey pressure washer.

In the surveillance footage, the property owner is seen confronting the intruder and pointing a gun.

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KY: Armed Neighbor Shoots, Wounds Suspect who Attacked Him

Post 10 in Harlan received a burglary complaint at Sutton Drive in the Dayhoit community of Harlan County. Police then received a second call that an individual shot the suspect in the leg.

Troopers arrived and found William Devan Farley lying in the yard with a single gunshot wound to his leg.

An investigation revealed a neighbor arrived on the property and police say Farley, who was discovered inside a building unlawfully, assaulted the neighbor by kicking him in the face.

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NC: Resident Shoots Burglary Suspect During Hammer Attack

According to the Nash County Sheriff’s Office, a male and a female were inside of the residence when the break-in occurred. Arizpe is reported to have assaulted the woman with a construction hammer. The male inside of the residence, a North Carolina concealed carry permit holder, shot at the suspect several times. There were no children inside of the residence at the time.

Warrants were obtained against Arizpe for first degree burglary and assault with a deadly weapon inflicting serious injury. This investigation is still ongoing by the detectives of the Nash County Sheriff’s Office.

 

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SC: Elderly Couple Fights Home Invader

An incident report reveals that 82-year-old man and his 79-year-old wife heard a knock at the back door of their home and a 61-year-old man ran inside with a large knife attacking them.

Investigators say a man used the back handle of a knife to beat the elderly couple causing the woman to fall onto the ground. That's when the woman injured her left index finger and the suspect used a knife to cause a laceration to the woman's forehead.

During the invasion, the husband used the handle of a firearm to constantly strike the suspect to put an end to the attack.

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PA: Carjacking Suspect Shot, in Critical Condition in Philadelphia

According to reports, around 6 p.m., two robbers stole a man’s wallet, cellphone and car at 10th and Spruce streets.

Then around 8:40 p.m., they tried to rob another man at 18th and Callowhill streets, but that man pulled out a gun and opened fire, shooting one of the suspects, reports indicate.

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OH: 24-Year-Old Man Shoots, Kills Suspect at Gas Station

Cleveland police said this happened in the parking lot of the HP Gas Station in the 7300 block of Lorain Avenue around 8:45 p.m. Wednesday.

According to police, a 24-year-old man called 911 and told dispatchers he had shot a man during a robbery attempt and a second suspect had followed him home and was standing outside his house.

When police got to the gas station, they found Rufus Harris, 19, laying on the parking lot, suffering from multiple gunshot wounds.

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Kyle Rittenhouse Bond Hearing Held on 11 February, DA Smears, Judge Corrects

Screen shot from the hearing, cropped, scaled and text added by Dean Weingarten

On 11 February, 2021, there was a hearing requested by the Kenosha District Attorney office in the self-defense case involving Kyle Rittenhouse. The shooting occurred during the riots in Kenosha, Wisconsin, on 25 August, 2020. Judge Schroeder of Kenosha presided over the virtual hearing, which was done on Zoom. The hearing was contentious. Judge Schroeder schooled DA Thomas Binger on the law, bond procedure, and the facts several times during the hearing. At the end, the judge denied Binger's requests, and forbade the DA's office from accessing the location of Kyle Rittenhouse' abode.

There exists extensive video of the riots and the shootings, online, from several perspectives. The video shows Kyle Rittenhouse running from the mob and shooting armed attackers in self-defense. 

The prosecution of Rittenhouse appears to be political in nature, including at least one charge which appears to be contradicted by statute. 

DA Thomas Binger from Kenosha started off the hearing, characterizing Rittenhouse as dangerous, irresponsible, and violating the terms of his bond. 

Link to Hearing on Youtube, 52 minutes

DA Thomas Binger was brought up short by Judge Bruce E. Schroeder, who showed the DA was aware of the issue of where Rittenhouse was staying on the original bond, had the opportunity to request limitations on where Rittenhouse would stay, had not asked for limitations, and no limitations were imposed by the judge. 

Judge Schroeder explained to DA Binger on the difference between a place of abode, and an address for receiving notification of court hearings.

Judge Schroeder made clear his policy that people involved in incidents before the court would not be referred to as "victims" before the case was adjudicated.  Calling some parties "victims" is, in effect, pre-judging the case, particularly when self defense is claimed. 

DA Thomas Binger said he filed a motion for a gag order in this case. 

The effect of a gag order would be to only allow the prosecution version of the case to appear in the court of public opinion, thus tainting and biasing the jury pool, as well as promoting the DA's political narrative.

Throughout the hearing, the DA and others DA Binger had invited to the hearing, attempted to smear Rittenhouse with the accusations of white supremacy, and to invoke racism. 

Judge Schroeder stated he would not involve race in his courtroom and he would not allow anyone to be judged by the color of his skin.

DA Binger and Gaige Grosskruetz' lawyer, Kimberly Motley, repeatedly made the claim that not knowing a person's abode was "highly unusual" and "required for all criminal defendants". Judge Schroeder repeatedly showed this to be false.

The judge pointed out that Rittenhouse has showed up for every hearing, on time. He noted that the court had the cash for the bond.

Judge Schroeder: "I want to have a fair trial in this case. This case is not going to be decided by demonstrators. I do not want to hear about a demonstration."

DA Thomas Binger admitted he does not have clear and convincing evidence to revoke the bond as required by law.

John Huber is the father of Anthony Huber. Anthony was recorded on video attacking Kyle Rittenhouse with a skateboard, and struggling to take Rittenhouse' rifle, before Anthony was shot. Anthony's father was allowed to make a statement. Huber became confrontational with the judge, about taking off a mask he was wearing. The judge was gentle with him, but Huber took off the mask.

Huber then appears to read a prepared statement characterizing the people supporting Kyle Rittenhouse as "hate groups" and "militia". The statement seemed to call for punishment now, trial later.  He further smeared Kyle as linked to "White supremacist groups" and appeared to make a veiled threat.

Grosskruetz' lawyer, Kimberly Motley,  used the word "victims" and called for much greater bond, and the giveing  of Rittenhouse' address, asks for electronic monitoring and for movement to be confined. She claims Rittenhouse was "wearing inappropriate attire", "chugging" three beers over a 90 minute time period. None of the actions she describes, except the mailing address change, were forbidden in the original bond.

Judge Schroeder warned her about using the "victims" term. 

When the lawyer for Kyle Rittenhouse, Mark Richards, was allowed to speak. He schooled the DA.  His comments show:

- DA Thomas Binger knew from the beginning that Rittenhouse was not living at the Antioch address.

- The defense attempted to provide the DA with addresses under seal; the DA refused the restriction.

-  Kyle has appeared for every court appearance. 

 Rittenhouse' Lawyer, Mark Richards, ends with this statement:

"My client will appear. He looks forward to litigating these offenses in your honor's courtroom. We have nothing to fear, the truth will set my client free."

Then Grosskruetz' lawyer, Kimberly Motley, brings up the race card, referring to a separate case in Kenosha.

Judge Schroeder gives a historical explanation. He sums it up with: 

 "I am not going to decide anything in this case or in any other, on the basis of the color of someone's skin."

The last eleven minutes of the hearing sum up everything. Judge Schroeder explains the law, facts, and procedure. DA Binger make the same arguments he made before. The judge then denies everything to the DA. Here is a transcript of the last 11 minutes of the hearing: It starts with Judge Schroeder, speaking of Kyle Rittenhouse:

Judge Schroeder:

"He was not put under a condition of living at a specific address. That could have been done. The District Attorney apparently was aware of what he now refers to as "flying the coop, was aware of that situation back then, and he didn't ask for a condition for place of abode, and judge Keating didn't order it,  so there is no change of circumstances there. I do not believe  it would be  proper to issue a warrant. I do not think that it would be lawful. No matter what feelings anyone has, I took an oath to follow the constitution and uphold the laws, and that is what I am going to do.

It is sad this is getting at the level that it is. I can't help that. I will tell you that the violation.., well, most of the people who are out on bond, we don't know where they are.  There are people who are out on bond, who are, they are business people. I have had cases where people are,  they do international business. They fly all over the world while they are out on bond, and there is nothing prohibiting them in that bond. This is a border county. A significant portion of the people who are out on bond are living in Chicago or one of the other collar counties and are in and out available every day.  We don't have these restrictions on travel except when the judge, following the statute, puts an abode condition on. That was not done in this case. So he didn't violate anything like that.

I don't have the authority to issue the warrant the District Attorney is talking about. 

I don't agree with his analysis of what the circumstances, or I should say the procedure, for getting the bond changed.  I get people in here and I do change their bond. Then I tell them to post it by a certain time, or they have to report to the jail. 

If they don't report, that's when the warrant is issued. But to issue a warrant now, for a defendant who has appeared at every hearing, I would be breaking the law, and I am not going to do it. 

I disagree with your statement that bail is a privilege. Bail is a right. In the Constitution.

We spoke to the bail that was set. He is in violation of a condition of updating his address.

Lawyer for  Gaige Grosskruetz, Kimberly Motley: Are you talking to me? 

Judge Schroeder: I am talking to everybody.

Actually, if he would have left a forwarding address, that probably would have been full compliance, with the bond order.  We are interested where we can  send notices to the defendant to appear for a hearing or whatever the case may be. He apparently didn't leave a forwarding address, at least that is the evidence that was returned to the clerk. So he is in violation.

I can tell you, and I talked to the clerk yesterday, to confirm what I thought. There are a very, very, very high percentage of people who are out on bond who, when, because she routinely asks, after a hearing is done; Are you still living at the same address?  

I would estimate the number of cases where the person says yes, is over 10%, maybe significantly more than that, where the people say, yes I have got a new address, and they haven't notified the clerk. They are in violation. 

I have never jailed one of those people. I have never heard of any other judge jailing those people. I have never seen a bond, a bail jumping violation based on one of those things. 

I have never seen the District Attorney bring anything like that into the court. We amend their address on our record. And, they might get barked at a little bit for violating the court's order. But that is the extent of what happens.  

And they don't get a raise in their bond, of a 10% raise in their bond. I can't recall that ever happening. I am not sure if it has.

He didn't, he fully is in violation for not updating his address. And that has to be addressed going forward. 

The desire, that the bond, or the request for the defendent's address be kept from public scrutiny is a legitimate one. What I am going to order is that the actual physical location of the defendant, and it will be his place of abode. If he is going to remove from there he will have to follow the bond conditions, and give us the exact physical location of the place of abode.

And that is to be given to the deputy clerk, working in this court, who will keep it privately, it will not to be part of the public record. It will be given to me, it will be held the same way. and it will to be given to whomever the sheriff designates as the commanding, the person who would be responsible for the full knowledge of the whereabouts of the defendant, and that is to be kept secret by the sheriff's office. So, is that clear Mr. Richards, what is required.

Kyle Rittenhouse' Attorney, Mark Richards: It is your honor and you and your clerk will have that by Five O'clock today, and I will have it to the sheriff's department as soon as I am told who is designated to. 

Judge Schroeder: OK.

DA Thomas Binger: Your honor, is that information to be shared with the our offices too? 

Judge Schroeder: No. The District Attorney's Office, and the answer is no.

DA: Why not? 

Judge Schroeder: That has nothing to do with you or your office, I think the Sheriff, would be your right arm or left arm, whichever is preferred, in discharging anything that needs to be done. And they are not to share it with you unless you offer good reason. And it is not that I don't trust you. I think that, again, the less of this, the safer everybody is.  As I said.

You remember what went on six months ago here, I have two broken windows here, right here in this courtroom. The doors are still covered with plywood. A good share of the community is still boarded up after millions of dollars of property damage at this ghastly event occurred.  So, 

DA Thomas Binger: Because we would not be in any way contributing to that but our obligations to help monitor the defendant's bonds conditions, without knowing were he is at, that becomes very difficult. If I am to file a charge of felony bail jumping, for example for the defendant violating his bond, and I don't know where he is at that makes if pretty difficult...

Judge Schroeder:  call the court,  ... call the court...

And if someone has criticized me for not doing so in the past, and I feel like I need to have this information, and certainly no on this zoom call needs to be reminded of the events of  six months ago. We have the loved ones of two deceased and a victim who was shot in the arm by the defendant that night.

Judge Schroeder: Please do not use the term victim.

DA Thomas Binger: Mr... Mr. Grosscruetz was shot in the arm

Rittenhouse' Lawyer, Mark Richards: Your honor, if my client, if Mr. Binger wants to...

If my client, If Mr. Binger wants my client to appear on what he is going to do next, which is issue a felony bail jumping, send it to my office. He will be in court the next day. This posturing is not serving any purpose at this point. The Court has ruled. 

DA Thomas Binger: Your honor this is not posturing. This is standard procedure in all criminal cases. that everybody knows were the defendant is.  This is highly unusual for this to be withheld under seal. The court has ruled this can be sealed from the public. But we are not the public. We are the prosecuting agency, we are the prosecutors on this case. And we have a very important right to know this information as the prosecuting agency in Kenosha County. And I have never heard of a situation where this information has been withheld from our office. The sheriff department, you are right, is a law enforcement agency, but we work with them and to withhold them from giving to us, the court from giving to us, to cut us out of that information is not appropriate here.  We are, our office is headed up by the elected DA which is, the chief law enforcement officer in this community. This is murder case. And we are entitled to this information, your honor. We have never been denied this information in any case that I have ever heard of and I, if the court is aware of a case in this history where the you've  not shared this information with us,  I would appreciate you sharing that case with us, letting us know what case that was, because this is highly irregular. We have a right to know this.  I would argue the public has a right to know it as well, I can understand the court ruling concealing it from the public. But our office has a responsibility to enforce the laws, enforce the bond here, to file bond, ah, bail jumping charges if there is a violation of that, and we cannot do our job without this information.

Judge Schroeder: The sheriff can keep on top of this, as to whether there is a violation.  That's where most of your information...  

When I was district attorney, and I know it has been a long time, but, I did not have any investigative staff, except for one investigator, which i won't go into. But the sheriff department was in charge of reporting bond violations and the like to us. And I think the same situation is good now. 

The hearing is over. Thank you.

DA Thomas Binger: The defendant does not reside in Kenosha County, your honor! The sheriff can't help ...

Judge Schroeder: Thank you

Rittenhouse' Lawyer, Mark Richards: Good afternoon. 

Judge Schroeder: Good afternoon. 

End of hearing. 

If you want the best understanding of the case, the video contains many nuances which are not transmitted in a transcript. A transcript cannot catch facial expressions or inflections in the voices.

Analysis: This is part of a continuing attempt by the prosecution to make the trial into a Soviet style political trial. There is no legitimate reason for the DA office to be aware of the actual location of Kyle Rittenhouse, given the extra-legal animosity shown to Rittenhouse by the DA office, their political allies, and their continuing attempts to smear him. The judge made it clear, if an actual legal issue occurs, the DA need only call the court.

Having the actual location would be immensely valuable to a politically motivated DA. It could be leaked to their allies in Black Lives Matter and to Antifa.  The "protestors" could apply extra-legal pressure to Rittenhouse, his family, and his attorneys, as tends to be done in totalitarian regimes. That would make the defense immensely more difficult. The press coverage of such events  would play into the public smearing of Rittenhouse.

The "protestors" could  stage violent demonstrations, in an attempt to make Rittenhouse' trial into a repeat of the trial of the officers involved in the Rodney King incident, where jurors later said, they believed the officers to be not guilty, but found them guilty to avoid another riot.

Judge Schroeder was having none of it. He stopped the political  prosecution in this hearing and pointed out the falsehoods and political interpretation of law  put forward by the DA.  

Judge Schroeder was appointed by a Democrat governor in 1984. He graduated from law school in 1970.  He has been a judge in Kenosha for 34 years. He appears to be the man for the job. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Homeowner Holds 2 Suspects for Police, Police find Stolen Guns, Drugs

According to ECSO, deputies responded to a burglary in progress at the 4200 block of Molino Rd. Two deputies arrived on scene to find the homeowner holding Franklin and Liechty at gunpoint.

The homeowner told deputies when he got home that evening, he saw a strange vehicle parked down the road and found the two suspects walking around his property.

Deputies say a search of the car revealed two guns and stolen items that were taken from vehicles in previous car burglaries in the same area. Franklin was also caught trying to rid of a bag of methamphetamine in the back of a patrol car.

More Here

TN: Gunfight at 2 a.m. Homeowner Confronts Suspect, Suspect Pulls Gun, is Shot

At least four MPD sources told FOX13 one suspect got away. The other suspect ran toward the house, where they were pinned in. The suspect pulled out his gun, sources said, and pointed it at the shooter. That’s when, sources said, the shooter shot the suspect at least six times.

“You don’t really hear that around here; that kind of stuff doesn’t happen around here.”

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NC: 12-Year-Old Boy Shoots, Kills, Home Invader who Shot his Grandmother

GOLDSBORO, N.C. (WTVD) -- Goldsboro police are investigating after a 12-year-old shot at two intruders who forced their way into an apartment and shot a woman overnight.

Around 1 a.m., officers responded to a shooting report near 402 S. William Street. Officers then found a resident, a 73-year-old woman, with an apparent gunshot wound. Shortly after, a man was found at the intersection of William Street and Elm Street with a gunshot wound.

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Followup OH: Desmond Franklin Shooting ruled Justified

CLEVELAND — During a press conference held on Friday evening, Ohio Attorney General Dave Yost announced that a grand jury in Cuyahoga County returned a "no bill" in the case of Desmond Franklin, the father of four who was shot and killed by an off-duty Cleveland police officer in April of 2020. The officer will not be charged as a result.

Franklin, 22, was killed on April 9, 2020, when off-duty officer Jose Garcia opened fire on a maroon sedan near West 25th Street and Pearl Road around 1:50 p.m. A 17-year-old was also injured in the shooting.

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SC: Man with Knife Attempts "Road Rage" at Loris Gas Station, is Shot

From Loris Police Department on Facebook

**Press Release**

 

Shooting Incident at the Speedway

 

On Thursday, February 11, 2021, at approximately 5:30PM, The Loris Police Department responded to 5370 Broad Street in the City of Loris in reference to a shooting. Upon arrival Officers located a white male approximately 32 years of age laying on the ground with a gunshot wound to the upper torso unresponsive and officers immediately performed CPR until EMS arrived on scene. EMS transported the unresponsive male to the hospital where he was pronounced dead. 

 

After speaking to many witnesses on scene it was determined that this incident stemmed from what appeared to be a road rage incident that spilled into the parking lot of the speedway. It appeared that a truck pulled to the gas pumps with another pickup truck following closely behind. The first pickup truck stops at a gas pump and the second pickup truck stops behind it and a white male steps out the pickup truck with what appeared to be a knife and approached the first pickup truck. The white male with the knife opens the door of the first pickup truck and the driver fired one round striking the male with the knife in self-defense. 

 

The investigation is ongoing and is being handled by The Loris Police Department.

 

The Loris Police Department is committed to making the community a safer place to live and is working hard to accomplish this goal. It is critical that residents partner with The Loris Police Department and report any and all suspicious activity. Anyone having information related to this incident is encouraged to contact The Loris Police Department at 843-756-4000 and ask for Detective Stevens.

FL: 23-Year-Old Woman Uses Gun to Stop Robbery, Suspect Wounded, in Hospital

MIAMI-DADE COUNTY, Fla. – The mother of a 23-year-old woman who shot at an attempted robber at a Valero gas station told Local 10 News that her daughter had a legal license to carry the firearm. Miami-Dade police said the victim shot the suspect multiple times during the attempted robbery.

More Here

TX: Stephen Willeford Recounts How He Stopped Sutherland Springs Church Murders

EL PASO, Texas -- A man with a gun helped save the lives of possibly dozens of people inside the First Baptist Church in Sutherland Springs, Texas.

Stephen Willeford is in El Paso sharing his story about what happened Nov. 5, 2017. He's also here to shed light on a new documentary.

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LA: Domestic Defense, Brother Shoots, Kills Sister's Boyfriend who shot, Attacked Her

The woman said she and Mason knew each other. They had texted the night before and got into an argument. 

She said Mason fired multiple shots into the house, left then returned. That's when she said he charged into her room and shot her. 

The woman said he was still hitting on her when her brother came in the room and shot Mason. He died at the scene.

More Here

MO: HB 52 Would Remove Prohibition of Weapons on Public Transport for Permit Holders

Seal of the state of Missouri
 

HB 52 in Missouri is written to remove some prohibitions existing in one of the gun free zones in Missouri. It allows people with concealed carry permits to carry their defensive firearms on public transportation. First, the current law.  From House Bill NO. 52, mo.gov: 

Paragraph 3(11) of Section 70.441:

(11) Except as otherwise provided under section 571.107, no weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel. For the purposes hereof, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subdivision shall not apply to a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon;

The bill adds the below addition to 571.107, The addition exempts permit holders, while they are carrying a concealed firearm. 

Theoretically, if HB 52 passes, permit holders could still be arrested for the concealed carry any of numerous other weapons, such as knives or clubs.

Here is the relevant new part of Section 571.107, exempting permit holders:

3. Not withstanding any provision of this chapter or chapter 70, 577, or 578 to the contrary, a person carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any publicly funded transportation system and shall not be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. For purposes of this subsection, "publicly funded transportation system" means the property, equipment, rights-of-way, or buildings, whether publicly or privately owned and operated, of an entity that receives public funds and holds itself out to the general public for the transportation of persons. This includes portions of a public transportation system provided through a contract with a private entity but excludes any corporation that provides inter city passenger train service on railroads throughout the United States or any private partnership in which the corporation engages.

Missouri passed Constitutional Carry in 2016, overriding Governor Nixon's veto in that year. 

No permit is required to carry concealed weapons in most of Missouri.  Why limit the carry of weapons on public transportation to hidden, unloaded rifles and shotguns for anyone; and hidden pistols for people with concealed carry permits? 

The sensible thing would be to prohibit the carry on public transportation to legal weapons by people who may legally carry weapons. 

Perhaps this incremental reform is the best which can be moved through the Missouri legislature at this time.  

Improvements which seem plausible would be:

Replace "concealed firearm" with "legal weapon" 

It makes no sense to allow concealed unloaded rifles and shotguns, and/or loaded handguns, and forbid all other legal weapons. 

Alternately, replace: 

"carrying a firearm concealed on or about his or her person who is lawfully in possession of a valid concealed carry permit or endorsement"

with

"carrying a legal weapon on or about his or her person who is lawfully in possession of the weapon."

It make no sense to trust people to carry all through the state, and forbid their carry on public transportation. 

It seems the law is designed to disarm poor people.

HB 52 is an incremental improvement. It is better than nothing. 

Perhaps the legislature will see fit improve HB 52 with appropriate amendments.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Homeowner Shoots, Wounds Man who was using a Pickaxe to Break In

According to police, the homeowner, a 24-year-old man, fired gunshots shots at the intruder while he tried to force his way inside through a side window using a pickax.

Police said the intruder, a 22-year-old man, was hit multiple times but was able to run to a nearby fire station for help.

More Here

Followup PA: Domestic Defense, Shooting Death of Violent, Intoxicated Son was Justified

Adams said Beau Gehret, 40, was intoxicated on the night of Jan. 20, as he threatened and assaulted his mother inside the home they shared in the 1400 block of Hampden Boulevard.

The woman, Adams said, retrieved a handgun and shot her son in self-defense. She then stayed at the scene and notified a friend to call the police.

More Here

NY: Pistol Carrier Shoots Aggressive Dog, Owner, Without Evidence, Disputes Account

The officers went down Buttermilk Drive and encountered a man in the middle of the road with his hands up. He told officers he had just shot a dog.  The man used his licensed pistol to shoot a canine after the dog allegedly became aggressive towards him.

The 60-year-old resident of the neighborhood said he discharged his weapon because he was in fear.  He shot the dog in the back and the animal fled to a driveway where it succumbed to its injuries.

More Here

South Carolina Has Chance to Pass Open Carry Law

 

Image by Dean Weingarten, Open Carry at the Vertical Church in Yuma, AZ

There are only five states which currently ban the open carry of handguns in most public areas, most of the time.  They are: Illinois, New York, California, Florida, and South Carolina. New Jersey and Hawaii ban open carry in practice, but legally, anyone with a permit can open carry. It is just extremely difficult to obtain a permit.

South Carolina is moving toward restoring the right to openly carry handguns in public with House Bill 3094, labeled  "Open Carry with Training".

The bill is reasonably easy to read and understand. From scstatehouse.gov:

TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO ENACT THE "OPEN CARRY WITH TRAINING ACT" BY REVISING THE DEFINITION OF THE TERM "CONCEALABLE WEAPON" TO ALLOW A PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON OPENLY ON HIS PERSON; AND TO AMEND SECTION 16-23-20, RELATING TO THE CARRYING OF A HANDGUN, SO AS TO PROVIDE A PERSON WHO POSSESSES A CONCEALED WEAPON PERMIT MAY CARRY IT OPENLY ON OR ABOUT HIS PERSON IN A VEHICLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Open Carry With Training Act".

SECTION    2.    Section 23-31-210(5) of the 1976 Code is amended to read:

    "(5)    'Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property."

SECTION    3.    Section 16-23-20(9) of the 1976 Code is amended to read:

    "(9)    a person in a vehicle if the handgun is:

        (a)    secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapon permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or

        (b)    carried openly or concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;"

SECTION    4.    This act takes effect sixty days after approval by the Governor. 

 

On Wednesday, 10 February, 2021, the South Carolina House Judiciary Committee General Laws Subcommittee  passed the bill to the Judiciary committee for debate. The open carry bill will almost certainly pass the House. From thestate3.com:

In a 3-1 vote down party lines, House members sent the bill to the full House Judiciary Committee, giving the bill its first step to becoming law despite concerns from some in law enforcement. Lawmakers spent two days taking testimony from groups and residents on the bill.

From Ballotpedia, of 124 members of the House, 81 are Republicans, and 43 are Democrats. 

Sixty-eight members of the House have signed on as sponsors of the bill.  The sponsors are already a majority in the House. They are listed below. Each name links to their biography and contact information.

  B. Cox, White, Lucas, Burns, Jones, Allison, Caskey, Chumley, Collins, Crawford, Daning, Davis, Elliott, Erickson, Felder, Forrest, Fry, Gagnon, Gatch, Gilliam, Haddon, Hardee, Hewitt, Hiott, Hixon, Huggins, Jordan, Kimmons, Ligon, Long, Magnuson, McCravy, Morgan, Murphy, B. Newton, W. Newton, Nutt, Oremus, Pope, Sandifer, Simrill, G.M. Smith, G.R. Smith, M.M. Smith, Stringer, Taylor, Thayer, Trantham, West, Whitmire, Willis, Wooten, Yow, Robinson, McGarry, Bryant, V.S. Moss, T. Moore, McCabe, Hosey, W. Cox, Bailey, Lowe, Atkinson, J.E. Johnson, Brittain, Bennett , and Hyde

Both House Majority Leader Gary Simrill and Senate Majority Leader Shane Massey say they support the bill, labeled as "Open Carry with Training".

From postandcourier.com: 

House Majority Leader Gary Simrill, R-Rock Hill, and Senate Majority Leader Shane Massey, R-Edgefield, are both on board with the bill, giving it a good chance of passing through both Republican-dominated chambers and making it to Gov. Henry McMaster’s desk.

Simrill said it is a “near certitude” that the bill passes out of the House. Massey said he expects the main issue in the Senate will be fitting it onto a busy calendar, but he believes it is possible they will be able to get it through before the session ends in May.

There are 46 members of the Senate. 30 are Republicans and 16 are Democrats. 

The critical question is whether the South Carolina Senate leadership will allow the bill to be scheduled for debate and votes.

Senate members' biographies and links to emails and phone numbers are available here.

The open carry of handguns in public is one of the most obvious of Second Amendment rights. How is one to bear arms, if not to carry them in public? 

The bearing of arms on private property is almost never in question, as the banning of arms on private property has always been up to the property owner. 

The government would be stepping on private property owners' rights to allow (or ban) the carry of arms on private property, if it banned them on private property without the consent of the owner.  

Logically, that would be forbidden to the government by the 10th Amendment and the Second Amendment. 

The bearing of arms in public is not only protected by the Second Amendment.  As strong, symbolic, political speech, it is protected by the First Amendment. 

Both rights are under attack by the current powers in the Federal government.  

Early attacks on Second Amendment rights claimed concealed arms could be banned, because only criminals would wish to conceal their weapons.

The Second Amendment does not differentiate between private property and public areas. Protection of the right to bear arms in public areas would reasonably be what was considered most protected by the original text and context of the Second Amendment.  The right to bear arms on private property is also protected by the Fourth, Sixth, and Tenth Amendments.

Many Second Amendment supporters in South Carolina would like to pass Constitutional Carry instead of Open Carry with Training. 

Open Carry with Training is an incremental step toward Constitutional Carry, if the votes are not available to pass Constitutional Carry. 

The difficulty for Second Amendment supporters is to avoid allowing their opponents to use a loss on Constitutional Carry as a tool to prevent Open Carry with Training from passing, thus preventing any incremental gains in restoring Second Amendment rights.

There is a folk saying: Don't allow perfect to be the enemy of the good.

Considerable benefit comes from reducing the number of states banning open carry from 5 to 4. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

Read more here: https://www.thestate.com/news/politics-government/article249154940.html#storylink=cpy

 

More NV: Video of Shooting of Criminal by Police and Concealed Carry Class

Screenshot from video, cropped and scaled by Dean Weingarten

At the beginning of the video, Marvin Payton, the felon who was shot, can be seen in grey/black hat and black over yellow jacket, with black pants, siting in the classroom. The scene then shifts to outside.

Las Vegas -- Officers were called at 11:59 a.m. last Weds to The Range 702, at 5999 Dean Martin Drive, after an employee reported that a man had been caught rifling through a customer’s bag during a break from a concealed carry permit course . Range employees escorted the man, Marvin Payton Jr, 27 outside to await the police.

Seconds after police pulled up, the man attacked a female officer, striking her twice with a screwdriver. Most everyone on the scene then shot Payton 14 times.

More Here

MT: Permitless (Constitutional) Carry and Gun Law Reform HB 102 Passes Senate goes to Governor

 

HB102  Passed the Montana Senate on 3 February, 2021, with a strong majority of 29 to 21 votes. The bill is scheduled for debate and a vote in the House on 4 February, 2021. This correspondent expects the bill to pass the House with the Senate amendments, and send the HB102 to Governor Greg Gianforte. Governor Gianforte has been reported as saying he wishes for this bill to be the first bill he signs as Montana's new Governor.  The bill was extensively considered in a previous article.

Reform bills with similar provisions have been repeatedly vetoed by Democrat governors in Montana for 15 years. 

The amendments added to HB102 in the senate are expected to be acceptable to the House.  As this correspondent reads the bill they are:

- The effective date for changes to University policies has been changed from on passage  to 1 June, 2021.

- A gun free zone has been added to the university exceptions. It is:

(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.

- The same training required for Montana concealed carry permits may be required to carry on campus, either openly or concealed, by university regulation. People must be allowed to carry if they meet the requirements.

- The prohibition on carry in places which serve alcohol has been removed.

Here are the various ways the training requirement may be met, under Montana law. From Statute 45-8-321(3) :  

(3) An applicant for a permit under this section must, as a condition to issuance of the permit, be required by the sheriff to demonstrate familiarity with a firearm by:

(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;

(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;

(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;

(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or

(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.

(4) A photocopy of a certificate of completion of a course described in subsection (3), an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described in subsection (3).

(5) If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or entity to which the sheriff delegates authority to give the test, a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.

As listed, there are several available avenues for those who wish to carry on campus to meet the training requirements, including demonstrating to a sheriff their familiarity with a firearm, if the sheriff agrees.

The bill includes numerous other reforms which Second Amendment supporters have been attempting to pass in Montana for years.

Update: HB102 has been sent to Governor Gianforte for his signature. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

ID: Armed Homeowner Shot by Police in Case of Mistaken Identity

There is body camera video, but it has not yet been released.

An Idaho Falls man was shot and killed by a police officer in his own backyard after being mistaken for a suspect fleeing a traffic stop.

The fatal officer-involved shooting took place in Idaho Falls early Monday morning as police scoured a residential neighborhood in search of a man with a history of violence against law enforcement who was said to be armed.

'There are no words to express how heavy our hearts are today,' said Chief Bryce Johnson. 'This situation is devastatingly tragic for the family, for the officer, and those that love and care about them. We all feel the weight of what has occurred today. Our sincere sympathies are with the family and friends of those involved, and most especially the family of the deceased.'

More Here

Utah Amended Constitutional Carry Bill Passes Senate; Governor in Favor of Bill

Image from votecox.com, cropped, scaled, and text added by Dean Weingarten

Utah is very close to passing HB60, a strong Constitutional Carry bill. 

HB60 passed the House, 54-19. 

It passed the Senate 22-6. 

In the Senate the bill was amended to include the creation of an account to provide funds for suicide prevention. 

HB60 creates a restricted account in which the funds collected for concealed carry permits are segregated and used for the administration of the issuance of the permits. 

The Senate amendment takes 50% of the funds left over at the end of the fiscal year, from the concealed carry account, and assigns them to a suicide prevention fund, where the focus is to be on firearm safety as related to suicide prevention. From the amended bill:

27 ▸ provides for the transfer of unused funds in the Concealed Weapons Account to the
28 Division of Substance Abuse and Mental Health for suicide prevention efforts; and
29 ▸ creates the Suicide Prevention and Education Fund within the division for suicide
30 prevention efforts.

Bureaucrats are very good at using funds they are told they will lose, if not used by the end of the fiscal year. Some may, because it will only be 50% of the money left over.  It seems unlikely very much money will be transferred to the suicide fund.

Because the bill was amended, it has been placed on the conference committee calendar. It is likely the Senate amendment will be accepted by the committee and sent to Governor Spencer Cox.  Governor Cox has said he is supportive of Constitutional Carry and is expected to sign HB60. 

Update: HB60 has been confirmed by the House and is on the way to Governor Cox.

Utah is likely to be either the 17th or 18th state to pass Constitutional Carry. The Montana legislature has passed a significant reform of the state gun laws, with includes Constitutional (permitless) Carry.  

Governor Greg Gianforte of Montana has been reported as saying he wishes the Montana Constitutional Carry bill, HB102, to be the first bill he signs into law. 

The Utah bill is a stand-alone Constitutional Carry bill. It eliminates most restrictions on concealed carry of firearms by adding a section to existing law. From a previous AmmoLand article:

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.

Both the Utah HB60 and Montana HB102 are close approximations of the state of firearms carry law when the the Second amendment was ratified in 1791. At that time, there were no state or federal prohibitions on the open or concealed carry of weapons in the new United States of America. 

Vermont has always had Constitutional Carry.

Fifteen States have restored a reasonable version of Constitutional Carry. The 15 states are, in order of restoration: 

Alaska, Arizona, Wyoming, Arkansas, Kansas, Maine, Idaho, Missouri, West Virginia, Mississippi, New Hampshire, North Dakota, South Dakota, Oklahoma, and Kentucky.

Montana and Utah are likely to be added to the list by the middle of February, 2021.  The states started enacting restrictions of the carry of weapons in the early 1800's, to restrict slaves. Most early gun restrictions were designed to keep slaves and minorities disarmed and subservient. 

The right to bear arms is one of the last fundamental Constitutional rights to be restored to minorities in the United States. All of the Constitutional Carry reforms are color blind. As no permit is required, no discrimination can be applied in granting permits, as is still common in some states, such as in California. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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FL: Husband and Father Shoots Career Criminal Intruder who Charged Him

The man said he found the suspected burglar, Plummer, in his front yard “out of control” and yelling curse words at him. Deputies said the husband told Plummer multiple times to go home.

The man said Plummer began to run at him, so he fired one round of his gun, hitting him. Plummer reportedly began walking away, but turned around and charged at the husband again. The man shot Plummer a second time.

First responders transported the suspected burglar to Sebring Hospital where he died.

More Here

No Evidence Capitol Police Officer Brian Sicknick was Murdered

Image from wikipedia, cropped, scaled, and text added by Dean Weingarten

Facts are starting to seep out about Capitol Police Officer Brian Sicknick's death.  There has been an intense push by the Media, the Left and most of the ruling class to cement into the public's mind the narrative he was murdered by Trump supporters.

The cause of death is unknown. There is no evidence officer Sicknick was struck by a fire extinguisher. There does not appear to be any evidence he suffered from blunt force trauma. 

All that is actually known is he died after going back to the office, from what appears to be a stroke resulting from a blood clot. 

Brian Sicknick was a Trump supporter.

Here are two sources attempting to report facts instead of the narrative being pushed by the ruling class and the left to smear Trump supporters.

 The narrative is being used as an excuse to push for draconian controls on speech, travel, assembly, even to start a purge of the military.

I am amazed there is actual reporting going on at CNN. From cnn.coma clickable link:

In Sicknick's case, it's still not known publicly what caused him to collapse the night of the insurrection. Findings from a medical examiner's review have not yet been released and authorities have not made any announcements about that ongoing process.

According to one law enforcement official, medical examiners did not find signs that the officer sustained any blunt force trauma, so investigators believe that early reports that he was fatally struck by a fire extinguisher are not true.

One possibility being considered by investigators is that Sicknick became ill after interacting with a chemical irritant like pepper spray or bear spray that was deployed in the crowd. But investigators reviewing video of the officer's time around the Capitol haven't been able to confirm that in tape that has been recovered so far, the official said.

The case could also be complicated if Sicknick had a preexisting medical condition. It could not be learned if he did.

There is a good summary from Law Officer, which works hard to relay the facts, just the facts. From lawofficer.com:

Yet beyond the politics and pandering, there are facts.

And while we do not have the autopsy results yet, sources have advised that there are no indications that Officer Sicknick sustained blunt force trauma. This coincides with what his family said just days after his death, indicating that they believed he may have died from a medical condition. If our suspicion proves correct, then Officer Sicknick’s death was undeniably used as a prop for the sake of politics, and even worse, for the sake of political gain.

Making this matter even more political, federal investigators announced that they are “struggling” to build a murder case against anyone in his death.

Most major outlets are reporting that Officer Brian Sicknick was killed because of being beaten with a fire extinguisher by a Trump supporter. 

That narrative appears to have been promoted by AP, from anonymous "police sources". 

From the Daily Mail: 

The Capitol Police said in a statement that Sicknick was injured 'while physically engaging with protesters'.

During the struggle, Sicknick, 42, was hit in the head with a fire extinguisher, two law enforcement officials said. The officials could not discuss the ongoing investigation publicly and spoke to The Associated Press on condition of anonymity.

In spite of the facts, the narrative that officer Brian Sicknick, a Trump supporter, was murdered by Trump supporters , is simply too useful a propaganda tool for the Media, the Tech Oligarchs, and the ruling deep state to allow the truth to creep out. It joins the big lies of:

- Hands Up Don't Shoot from Ferguson Missouri, (it never happened)

- The idea George Zimmerman used Florida's Stand Your Ground to kill an innocent black child, Trayvon Martin, (Martin attacked Zimmerman, who justifiably defended himself)

- The hoax that President Trump colluded with Russia during the 2016 election, (after two years and millions of dollars, no evidence was found, but evidence of a conspiracy to remove President Trump, using the hoax, was found).

- It joins the ongoing big lie that Kyle Rittenhouse was a white supremacist who hunted down protestors and shot them in Kenosha, Wisconsin, during the riots there. There is ample video evidence he clearly acted in self defense.  There is zero evidence he was a white supremacist.

I was at the rally/boisterous protest on 6 January, 2021, covering the events for AmmoLand.  I witnessed many interactions between the police and the protestors. The vast majority of them were peaceful. I overheard several protestors tell Capitol Police officers:  We have no problem with you. You are just doing your job.

It is clear, in hindsight, relatively small numbers of violent agitators from both the left and Constitutional supporters were among the people who pushed their way into the Capitol on 6 January.

I was not inside the capitol, but I interviewed several people who claimed to have been inside. 

The people I interviewed said they worked hard to prevent injury to the police and to prevent destruction of the Capitol, which they considered to be their House.

As a supporter of President Trump, it seems unlikely Officer Brian Sicknick would want his death to be used to promote the politicies of those he opposed.

It appears five people associated with the boisterous protests at the Capitol on 6 January died that day. All five were Trump supporters. Only one, so far, was killed. That was Ashli Babbit, an unarmed white woman, a veteran, who was shot by a Capitol Police officer inside the Capitol.

Why did the protest occur on January 6, 2021? Half the country believed the election was stolen, and there was ample evidence which the system refused to investigate. They believed the ruling class, including the media, routinely lied to them. 

The part about lies, at least, seems to have been vindicated.

Now there is a bragging confession of how the ruling class subverted the election process and the Constitution to get rid of Donald Trump. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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