Conventional Excuse for Gun Confiscation: The Taliban Will Protect You

 "Citizens: Turn in your weapons! (Soviet Poster about 1920)

The classic case for confiscation of weapons in Western Civilization in the last hundred years, is the government will defend you. You do not need weapons to defend yourself.  The Taliban is reported to have emulated this Western propaganda in Kabul, after taking over in August of 2021.

From Reuters.com:

KABUL, Aug 16 (Reuters) - Taliban fighters in the Afghan capital, Kabul, started collecting weapons from civilians on Monday because people no longer need them for personal protection, a Taliban official said.

"We understand people kept weapons for personal safety. They can now feel safe. We are not here to harm innocent civilians," the official told Reuters.

The Taliban are following a long tradition of disarming individuals under the pretext individuals do not need weapons, because the government will protect them. The Taliban feels the need to add a caveat:

 "We are not here to harm innocent civilians."

As governments became more sophisticated in their need to dissimulate, they often claim the government will protect people, so they do not need weapons.

It is a claim made in the English experience with gun control. Joyce Lee Malcolm documents this in her scholarly book "Guns and Violence: the English Experience".  On page 176, she documents a significant expansion of the law against the carry of weapons in 1953. Sir Lionel Heald, the Attorney General, is promoting the bill. He says: It is the duty of society to protect them, and they should not have to do that... The argument of self defense is one to which, perhaps, we should not attach too much weight.

Self defense was specifically eliminated as a reason to have a firearm in English, Canadian, and later, Australian law. 

Gun control laws, and the number of legal, or even illegal firearms, have not shown any correlation to violent crime. 

They show an unwillingness of governments to trust their people with weapons. 

Most European gun control laws were created after World War I and before World War II, for political purposes, not crime control. Murder rates were essentially unchanged, although, as expected, there was a spike during World War II. 

In India, the British instituted weapons control after the Mutiny/uprising in 1857. It was clear the purpose was to prevent uprisings. Most gun control laws were the result of conquest and  war. 

Misleading the people who are governed, in order to disarm, them has a long and unpleasant history. Niccoló Machiavelli, known as the father of modern political science, states deception when disarming people is a necessary thing.

"For it is enough to ask a man to give up his arms, without telling him that you intend killing him with them; after you have the arms in hand, then you can do your will with them."  The Discourses, end of chapter XLIV

In the Koran, it is permissible to lie and decieve in order to gain advantage to advance the cause of Islam. 

Most people realize people who wish them to be disarmed do so because they wish to do things which would be difficult to accomplish if the people were armed.

The Afghan  revolt against the Soviet installed regime started with the puppet government's attempt to disarm Afghans. 

This is not an auspicious start for a new Taliban government. Afghans love their weapons.  Afghanistan is a land of waring tribes.  A man is expected to be able to defend himself and his tribe.

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

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CA: Intruder in St. Mary's County Breaks into Home, is Shot, Killed

UPDATE 8/30/2021: On August 27, 2021, at approximately 11:20 p.m. deputies from the St. Mary’s County Sheriff’s Office responded to the 23200 block of Woodland Acres Road in California, for the reported burglary with an individual shot.

Deputies arrived on scene and located an individual, later identified as Tavein Malik Dickens, age 23 of Lexington Park, suffering from a gunshot wound. Lifesaving measures were attempted at the scene and Dickens was transported to an area trauma center where he was later pronounced deceased.

Preliminary investigation determined Dickens forced entry to the residence through the front door after repeatedly banging on other exterior doors and windows around the residence.

As Dickens entered the residence, he was confronted by the homeowner at which time a struggle ensued. During the struggle, the homeowner discharged a firearm, striking Dickens in the upper body.

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CA: New Port Beach Resident Shoots Intruder who broke down door

“He’d been around the house for like 20 minutes then came around to the front and broke the front door down, that’s when he entered the house,” neighbor Bill Finster told KNBC.

That’s when neighbors and police officers responding to reports of the disturbance heard a shot.

A resident of the home had fatally shot the intruder, who was found dead inside, a Newport Beach Police Department press release said. The man’s name has not been released.

Read more here: https://www.sacbee.com/news/california/article253830113.html#storylink=cpy

Read more here: https://www.sacbee.com/news/california/article253830113.html#storylink=cpy

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MO: Armed Samaritan Shot while Confronting Robbers

After investigating, officers said two gunmen were trying to rob the store. They say the victim noticed what was happening, grabbed his own weapon, and tried to intervene. At least one of the gunmen and the victim exchanged gunfire. Officers said the victim was shot at least once. He was transported to the hospital and is expected to survive.

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OH: Prosecutor to review Self Defense Shooting

The male 911 caller told dispatchers, “I just shot a guy.”

“He was in my car when I came out to get something to eat and ran towards me,” the man said. “He needs an ambulance.”

The caller said he is a CCW permit holder and was instructed by the dispatcher to put the gun away. Detectives took possession of the gun in the house when they arrived.

“I think he’s dying,” the man said. “Oh my God, oh my God.”

The resident said he heard his alarm go off, then found the man sitting in the driver’s side.

“When I was going to get in the car he opened the door and ran towards me,” the caller said, adding he shot three or four times.

 

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TN: Tragic Misidentification, Mother Hears Noise, Father Investigates, Shoots 8-Year-Old Daughter

Memphis, Tenn. — A Memphis man is charged with reckless homicide after his daughter was shot and eventually died from what a police affidavit describes as a tragic turn of events.

According to the Memphis Police Department, 31-year-old William Oliver was checking the house for intruders early Friday morning when the child’s mother altered him to a noise.

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TX: Verbal Confrontation leads to Gunfight in Arlington

As officers processed the crime scene, a 29-year-old man called in to local authorities that he had been involved in the shooting. He was held for further questioning, but has not been charged in the case.


Police believe, based on evidence and witness statements, that when a verbal argument between the two men in the store spilled outside, the victim got a gun from his car before approaching the other man.


Multiple shots were fired, according to police, and the 33-year-old was hit. The other man then left the scene before calling police.

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TX: 59-Year-Old Gunowner Shoots 27-Year-Old who Pulled a gun on Him

HOUSTON – A man is in critical condition after he threatened a gun owner with a gun during an argument Saturday afternoon, according to the Houston Police Department.

Houston police said the shooting was reported at a place of business where the gun owner worked in the 8500 block of West Montgomery Road around 1 p.m.

Police said the 27-year-old man walked into the business and asked associates about the 59-year-old man’s whereabouts. Police said the man 59-year-old man was outside on a work break when he and the 27-year-old got into an argument. Police said the 27-year-old pulled out a gun during the fight.

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SC: Spartanburg Intruder Kicks in Door, is Shot, Killed by Homeowner

The Spartanburg County Coroner’s Office confirmed that 29-year-old Damion Quintel Henderson, of Spartanburg, died after being shot on James H. Young St. on Saturday evening.

The Spartanburg Police Department responded to the shooting around 9:30 p.m. According to the occupants of the residence, Henderson entered their home by kicking in the back door. The homeowner confronted Henderson and shots were fired.

According to Spartanburg Police, Henderson was shot at least once in the neck by the resident and taken to the hospital by ambulance, where he died.

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OK: Homeowner Shoots Home Invasion Suspect

On Tuesday, officers with the Lawton Police Department were called to a home in the 3300 block of N.W. Cache Rd. following an attempted burglary.

A witness says that a homeowner heard someone breaking into the home through the back door.

After yelling at the burglar to leave, officials say the homeowner shot the alleged burglar after he entered the house.

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OK: Armed Victim Shoots, Kills Armed Robbery Suspect

Police said the suspect approached two people, pulled out a gun, and demanded their property. According to the report, one of the victims then pulled out his own weapon and shot the alleged robber.

Officers quickly arrived on scene and began CPR on the suspect.

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SC: Video shows Shooting of Travis Draper was Self Defense

SPARTANBURG, S.C. —

Surveillance video showing a shooting ruled as self defense will not be released to the public, after the family of the man killed asked that it be kept private.

The family of Travis Draper and Spartanburg County Councilman Monier Abusaft got to see the surveillance video. The sheriff's office said that Abusaft agreed that the other driver was justified in the shooting, but said that he should have notified law enforcement earlier of his involvement in the shooting.

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Followup TX: Grand Jury No Bills Endy Neri Solo: Shooting of Quinton Ford was Justified

“Last week, the grand jury heard testimony on Soto and passed the case with no decision made,” said First Assistant District Attorney Stephanie Newell, on Thursday. “Yesterday, the grand jury heard additional evidence in this matter. After deliberation, the grand jury issued a no bill on the charge of deadly conduct. The investigation revealed that Soto had been the victim of an aggravated robbery immediately preceding the offense of deadly conduct.”

On July 21, the other two men, Ethan West Trainer, 19, and Taja Monroe West, 21, were indicted by a grand jury on murder charges “as a result of their participation in the aggravated robbery with Quinton Ford that led to his death,” Newell said.

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MO: Woman Charged in Robbery where Two were Killed

Pursley and the two men who were fatally shot had planned to rob a residence for money and narcotics. She dropped them off near the location of the residence, knowing they had firearms, according to the Franklin County Sheriff’s Office.

Pursley then went inside the residence and started doing narcotics with the homeowner. The two men came into the home and pointed guns at the homeowner. Another occupant inside the home then grabbed his gun and ordered the two men to drop their guns.

A physical confrontation then took place where gunshots were fired. The shooting resulted in the death of the two men.

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Biden Admin Bans Importation of Russian Guns and Ammunition

 Russian SKS rifle.

On 20 August, 2021, the U.S. Department of State released a fact sheet announcing Russian firearms and ammunition importation will be banned for a minimum of 12 months starting 7 September, 2021. From state.gov: 

New sanctions imposed today under the CBW Act include:

1. Restrictions on the permanent imports of certain Russian firearms. New and pending permit applications for the permanent importation of firearms and ammunition manufactured or located in Russia will be subject to a policy of denial.

 The ban is listed as a sanction pursuant to the Chemical and Biological Weapons (CBW) Control and Warfare Elimination Act of 1991, over the supposed Russian use of the "Novichok" chemical agent to poison Aleksey Navainy. 

Navainy was poisoned in August of 2020. He has been critical of the Putin regime in Russia. This is a second round of sanctions imposed on Russia by the United States over the Aleksey Navainy incident.  The first round of sanctions did not ban the importation of Russian ammunition or firearms.

The Department of State announcement says "New and pending permit applications" ... "will be subject to a policy of denial". The implication is applications which have already been approved will not be revoked. 

If that is correct, shipments of ammunition and firearms from Russia which have already been approved will be allowed to enter the United States and be sold.

It is unclear how long supplies in the pipeline will last. 

The announcement is likely to rekindle the ammunition bubble for calibers commonly imported from Russia, such as 7.62x54, 7.62x39, 5.45x39, 5.56x45, and even match grade .22 ammunition. 

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

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GA: Domestic Gunfight, Husband and Wife's Lover Both Wounded

The victim and homeowner, Frank Reeves, was shot in the chest by Michael Amacker, according to MCSO.

MCSO states that Reeves then shot Amacker multiple times, striking him in the lower leg and elbow.

During the investigation, MCSO detectives discovered that the homeowner’s wife, Tracy Reeves, alerted her husband that an intruder was inside their home.

It was later discovered that Tracy knew the intruder and had been having a relationship with him for over a year.

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OH: Toledo Residents Shoot man Attempting to Break Into Home

TOLEDO, Ohio — A would-be burglar is fighting for his life after being shot overnight. This happened around 1 a.m. Friday morning on the 200 block of Knower Street in south Toledo.


Toledo police tell us that the man tried to burglarize a home that was occupied. He made it through the front door and was met with force when a female resident fired at him, hitting him multiple times.

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AZ: Homeowner Stops Home Invasion with Gunfire, 4 Armed Invaders Flee

PHOENIX — A Phoenix homeowner was alerted by his security cameras to a motion made by four armed men who attempted to rob him. As four suspects kicked in his front door, the homeowner fired rounds towards them causing them to flee.

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Illinois Felon Found Not Guilty by Reason of Self Defense

Mosley Twins Mug Shots
 

On 8 July, 2019, in Madison, Illinois, at about 7:40 pm, there was a confrontation between twin brothers and three other people.  The confrontation appears to have been between twin brothers Corion Mosley, and Torion Mosley, both 21 years old,  and at least three other people, two minors and an adult. 

The story has been covered extensively by reporter Scott Cousins of The Telegraph.

Both twins had felony convictions from 2016 for armed robbery, according to thetelegraph.com.  Torion Mosely faced a pending assault charge and an aggravated domestic battery charge. The two brothers faced a 21 year old, unnamed adult, a 16 year old minor, and 15 year old Omarion Coleman, according to reports in bdn.com.

During the confrontation, Torion Mosely passed a handgun to Corion Mosely. Corion Mosely shot the three people confronting him, killing Omarion Coleman and wounding the other two. 

The two brothers were charged with First Degree Murder, Attempted First Degree Murder, Aggravated Assault, and Possession of Weapons by a Felon.

Before the trial of Corion Mosely, his brother, Torion Mosely, had already plead guilty to lesser charges to obtain a six year prison sentence.

Corion Mosely decided on a jury trial.

Scott Cousins reports two versions of events were presented to the jury. The prosecution portrayed the shootings as payback for verbal disrespect; the defense claimed Corion reasonably considered himself under a deadly threat by a street gang.

In their closing arguments Thursday, attorneys painted different pictures of the incident.

Assistant Madison County State’s Attorney Luke Yager said Corion Mosley shot and killed Coleman for smarting off to him, then shot two other people. Defense attorney Patrick Ryan Dunn Sullivan said the two brothers were surrounded by a gang of hostile, possibly armed, youths and Corion Mosley shot them in self-defense.

Corion had spent two years in the County Jail awaiting trial, on a 1 million dollar bond. The jury found him not guilty.  From bdn.com:

A Madison County jury has found a 23-year-old laborer not guilty of first-degree murder in the 2019 shooting death of a teenager in Madison.

Corion Mosley had spent more than two years in the Madison County jail before his trial this week in Edwardsville. He walked out Thursday evening and went home to his family.

The case shows the disfunction in crime ridden neighborhoods where there is limited trust in police. The Mosely brothers had felony convictions, when they were about 18. When people are convicted of felonies at 18, they usually have numerous run-ins with the law as minors. 

We do not know if the two people who were wounded and Omarion Coleman had police records. The two minors' records are shielded by law. The adult man, 21-years-old, was not named. The unnamed man might have been legally able to own a firearm in Illinois. None was mentioned.

The point of this tale of dysfunction and woe is the jury saw serious potential for self defense.  

The accused had previous felony convictions. The accused could not legally possess a firearm. The accused did not stay at the scene, attempt to preserve evidence, give aid, or contact the police. The accused fled the scene and hid form police.

Yet the jury found reason to believe the shooting was self defense. The defense is reported as claiming the crime scene was chaotic and poorly secured, allowing the potential for evidence to be removed. 

Felons do not give up the right to self defense. It is an inherent human right. 

It has become unusual for criminal cases to go to trial. In previous times, jury trials were common. Plea bargains were unusual. 

Perhaps those times are returning.  Juries are not perfect. They can make mistakes. They are just better than most alternatives.

When a jury can find a convicted felon, who used an illegally possessed gun, not guilty in a muddy case, by reason of self-defense, it is an example of checks and balances, of the right to self defense and to a jury trial. 

It may be juries are becoming more skeptical of prosecutors. That could be a good thing.

I do not expect the Mosely twins to become great proponents of Constitutional Law. It is not the way to bet.  

Respect for the right of self -defense is a positive thing for society. 

Several lessons are re-enforced by the Mosley Twins' example.

Avoid confrontations.

Support the rule of law.

Develop those habits early. 

If you win the confrontation, and the trial, you can still lose. Two years in County lock-up is not fun.

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

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"We had diametrically opposed theories of what happened," Sullivan said Thursday night

TX: Woman on Bike Runs Red, is Hit, Killed, Armed Samaritan Defuses Situation

SAN ANTONIO – San Antonio police say a woman was killed while riding her bicycle Thursday morning and then her boyfriend pulled a machete on the driver of the car that hit her.

The driver was taking his two children to school when he hit the woman on her bike at the intersection of Wurzbach Parkway and North Weidner Road.

After the woman’s boyfriend pulled a machete on the driver, another driver who witnessed the accident pulled out a handgun to diffuse the situation. That driver has a concealed handgun permit, police said.

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FL: Man with Knife Chases People,in Holliday Park, is Shot

FORT LAUDERDALE — A man with a knife was chasing people in Holiday Park when one of the people pulled a gun and shot him, authorities said.

It happened at 5:15 a.m. Tuesday inside the park at 1150 G. Harold Martin Drive, near NE

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MD: Homeowner Shoots Man Attempting to Enter, Police Investigate

Police say they got a call from the homeowner around 7:30 pm, saying someone was trying to get into his home along Futura Ct in Germantown. The homeowner told police he shot the man trying to get in.

Officers say the alleged intruder was found dead at the scene. Police have identified the deceased as 31-year-old, Louis Alfredo Sanchez, Jr. of Germantown, also saying the two men were known to each other.

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TX: Domestic Defense: Husband on Bond, Attacks Wife, who Shoots, Kills him

Authorities said the 40-year-old man showed up as his wife and three children (ages 8, 12 and 16) were leaving for school. Witnesses told authorities that the man started physically attacking his wife, who then pulled out a handgun and fired several shots, hitting him multiple times.

"He shows up. We don't know what his intention was," Sheriff Ed Gonzalez said. "It quickly escalated."

Authorities said the man was out on bond for another attack on his wife.

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LA: Yolanda Gains Pulls Gun During Argument, is Shot, Wounded

He said Yolanda Gaines was booked into the West Baton Rouge Parish Detention Center on two counts of aggravated assault with a firearm. He added Kimberly Williams was booked into WBRPDC on one count of obstruction of justice. A third unidentified suspect is wanted.

According to Hicks, the incident began as an argument in the grocery store between Gaines and two people. He reported the argument later continued in the parking lot. Another person showed up and joined the confrontation, according to Hicks.

Investigators said at some point, Gaines pulled out a gun but one of the other people involved in the argument also drew a weapon and fired in self-defense, injuring the two victims. They added no store employees were injured and the shooter has not been charged.

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Minnesota Gun Owners Caucus Files Suit to Uphold State Law and Right to Arms at Fair

 

 

On 10 August, 2021, the Minnesota Gun Owners Caucus filed suit against the State Agricultural Society and Sheriff Bob Fletcher to stop them from violating state law by prohibiting lawful, permitted carry at the State Fair. 

Minnesota expressly acknowledges that the Second Amendment of the Bill of Rights is an individual right. Minnesota is one of only six states without a state constitutional protection of the right to keep and bear arms. Next year, it is likely Iowa will approve of a strong amendment to protect the right, reducing the number of states without such protection to five. 

Minnesota has strong preemption laws forbidding lower levels of government in the state from enacting restrictions on the right to arms.  The state legislature has reserved the power to enact firearms legislation/regulation to the state government.  From the news release:

As an arm of state government, the Minnesota State Agricultural Society is completely preempted under multiple state statutes from prohibiting the lawful carry of firearms on the state fairgrounds or during the Minnesota State Fair. Specifically, Minnesota law preempts any local regulation of firearms and ammunition that is inconsistent with state law "to the complete exclusion of any order, ordinance, or regulation".

Ramsey County and the Ramsey County Sheriff, Bob Fletcher, are party to this suit due to the Joint Powers Agreement signed between the Society and the County authorizing the Sheriff's office to serve as the primary law enforcement agency for the State Fair.

For years, the Society has purported to prohibit firearms at the State Fair through policies and signing without any legal authorization for their supposed prohibition. The State Agricultural Society does have the ability to enact ordinances, however, those ordinances cannot validly conflict with state or federal law. According to Data Practices Act requests from the Caucus, the Society has not enacted any such ordinances - and if they had, they would be invalid on their face because of Minnesota's preemption statutes.

"The State Agricultural Society, Ramsey County, and Sheriff Fletcher must follow the laws of the State of Minnesota, " said Bryan Strawser, Chair, MN Gun Owners Caucus. "There is simply no legal or constitutional justification for the prohibition on lawful, permitted carry of firearms at the Minnesota State Fair."

"Not only is the Fair breaking the law by attempting to enforce a policy banning firearms this year, but they are also actively denying every law-abiding permit holder the ability to travel safely to and from the fair, " added Rob Doar, Political Director. "Despite millions of visitors every year, the Fair has no record of any person being ejected for carrying a firearm or any issues with the civilian carry of firearms. Their policy is not only illegal, but it's also unnecessary."

Minnesota law requires anyone who carries a handgun or possesses one in a motor vehicle, snowmobile, or boat, in public places, to obtain a permit to carry.

Minnesota carry permit holders are extraordinarily law abiding. As of 2020, there were 358,897 valid carry permits. In 2020, only 36 of those permits were revoked. Permit holders are generally more law abiding than police officers.  Permit holders are far more law abiding than the general population, as noted in the Supreme Court Amicus brief filed by 26 State governments.

In the complaint, the plaintiffs state they wish to exercise their rights:

Plaintiffs wish to exercise their fundamental, constitutionally and statutorily protected right to carry loaded, operable handguns on their person, at the annual Minnesota State Fair, for lawful purposes including immediate self-defense. But they cannot because of the laws, regulations, policies, practices, and customs that Defendants have been enforcing and continue to actively enforce today.

The case has been filed in the District Court for the State of Minnesota. It will be litigated in the coming months. 

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

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VA: 7-11 Worker Shoots Robbery Suspect

Investigators said Javier Garcia, 28, was trying to rob the convenience store on Colley Avenue in Ghent when a worker shot him. Garcia died at the hospital.

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TX: Armed Homeowner and his Dog stop Break-in Burglary Suspect Bit

The break-in happened just after midnight Monday at a home on Marshall Street near N. Flores Street.

Police said a man tried to break into a home through the back door. That's when the homeowner grabbed his gun and fired off a shot at the suspect.

The suspect wasn't hit, but the homeowner's dog got loose and bit the suspect on the ankle. The suspect was taken to the hospital in stable condition. He'll be facing attempted burglary charges.

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New Wolf Hunt Coming for Wisconsin November, 2021

Image from Wisconsin Wolf Hunters Facebook, cropped and scaled by Dean Weingarten
 

On 11 August, 2021, the Wisconsin Natural Resources Board held a meeting which had, as one part of the agenda, the setting of a quota for the number of wolves to be harvested in the November 2021 hunt.  The board took testimony from over 50 people. The meeting took over six hours.

Link to youtube of Wisconsin Natural Resources Board Meeting on 11 August, 2021.

At about 5:43:00 Board member Greg Kazmierski gave the number of wolves killed in previous years, which he read from a "green sheet" presented by the Department of Natural Resources (DNR) to the Board. The numbers were for the three hunts which were held in 2012, 2013, and 2014, before the wolf hunts were stopped by lawsuit. 

There were 224 wolves killed in 2012, 358 in 2013, and 207 in 2014.  

The wolf population before the hunts were started was reported at 809. After the hunts, the wolf numbers was reported at 866. In spite of 789 wolves being taken over three years, the overall wolf numbers increased. In 2013,  the DNR stated the goal was to put "downward pressure on the wolf population". According to wisn.com:

The state's wolf management plan, developed in 1999, calls for a population of 350 wolves. MacFarland said that plan will be updated in 2014.

An article  year later, in the 2014 jsonline, showed the policy of the department was to reduce the wolf population, and the goal was a population of 350 wolves.

With state management restored, the DNR announced its desire to reduce the wolf population to a "biologically and socially acceptable level."

The 1999 Wisconsin wolf management plan established a wolf population goal of 350 animals.

The three hunts from 2012 to 2014, in spite of 789 wolves being killed, had not reduced the wolf population. Natural increase had been more than the 789 killed.

In 2013 and 2014, when the wolf population was well below what it is in 2021, the DNR goal was to reduce the wolf population. 

After midwest wolves were finally delisted from the endangered species list, seven years after a lawsuit put them back on the list, 218 wolves were harvested. The DNR had set a goal of harvesting 200 wolves. 

The actual harvest was only 9% over the desired number. Many outlets claimed it was almost double the desired number. The discrepancy comes because there are treaty obligations with the tribes in Wisconsin. The treaty has been interpreted to allow the tribes to take about 40% of the hunting quota.

This would not be a problem, if the tribes actually harvested wolves. The tribal council decided to play politics instead. They take the quota permits, then do not issue any permits to tribal hunters. Thus, the tribes, which have no responsibility to manage wolf numbers, attempt to prevent the State from managing them. From  wsau.com:

Peter David with Great Lakes Indian Fish and Wildlife Commission gave some perspective from the tribes. “I think from a cultural role there’s a feeling that it’s really not actually our place to decide what’s suitable for wolves or not. Wolves are quite capable of making that decision on their own,” said David.

The non-tribal permits were 119. Because of the near perfect conditions for the hunt in February of 2021, 218 wolves were harvested before the hunt was stopped. Many outlets claim 99 wolves were over harvested. In fact, the original goal was to harvest 200 wolves. The harvest was only 18 wolves over the goal.

Even 218 wolves did not move the total toward the stated goal of a population of 350 wolves. 

In the 2021 meeting, the DNR stated 350 wolves was never the population goal. 

The current DNR claimed 350 wolves was the lowest acceptable limit for the wolf population. There was a clear dispute among the board members over what the goal was. There is no dispute the DNR, in 2013 and 2014, wanted the wolf population to be less than 800. In the latest measured numbers, the population was estimated to be much higher than 800. From mountaindailynews.com: 

According to the DNR’s modeling, the state’s packs had 1,136 wolves before the hunt. The agency estimates the population could range from 944 to 1,377 wolves across their range. Data collected from wolf survey and monitoring efforts from November through Feb. 21 indicates the population was stabilizing before the abbreviated wolf season.

 

This chart, from the Wisconsin DNR shows the wolf population increase in Wisconsin, 1980 to 2012. The middle line is the number of packs.

Given the history of the increase in wolves in Wisconsin, Greg Kazmierski, a board member recommended a quota of 504 wolves to accommodate the tribes treaty rights and to harvest enough wolves to move the population back toward the 350 goal. He stated to do otherwise would be to abdicate the board's responsibility to follow the management plan. 

A DNR attorney said such a move might not be defensible in court.

The Wisconsin Conservation Congress recommended a quota of 300 wolves. The DNR recommended a quota of  130 wolves to be "conservative" to "stabilize" the existing population, at about a thousand wolves. After several votes, the board agreed on a compromise quota number of 300 wolves.

It appeared this is another conflict between people who have to live with wolves and people who mostly live in urban areas who do not want to see any wolves killed. These conflicts did not exist when most people in urban areas had rural roots. The problem is exacerbated because the federal government insists on managing state affairs.

These conflicts did not exist when the federal government was kept within the limits of the Constitution.

It is easy to want a high wolf population when you do not have to live with the wolves. 

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

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TX: Man Shoots 1 of 2 Suspected Catalytic Converter Theives

HOUSTON - A homeowner was woken up to the sound of two men reportedly stealing catalytic converters from their car in northwest Houston overnight Saturday.

Police say around 3:30 a.m. a caller told them she and her husband woke to two men stealing the catalytic converters outside their home in the 5800 block of Spruce Forest. Initially, the suspects fled but the caller told police they returned about 15 minutes later. 

This time, however, the caller said her husband found the same suspects and shot one of them.

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LA: Man Disarms, Shoots Woman who Approached Him with a Gun

NEW ORLEANS (WVUE) - A 23-year-old man who was threatened at gunpoint disarmed a woman and shot her in the chest early Friday morning (Aug. 13), according to New Orleans police.

The incident occurred Friday at 2:07 a.m. in the 100 block of Carondelet Street in the Central Business District. The NOPD did not disclose the woman’s condition, nor immediately respond to a request for more information on the incident. It was unclear from the initial police account of the event whether the man and woman knew each other before the shooting.

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VA: Armed Victim Shoots Both Robbery Suspects, 1 Dead, 1 Wounded

RICHMOND, Va. -- A man robbed in Richmond pulled out a gun and shot his assailants, Crime Insider sources told Jon Burkett.

One of the men died as a result of the shooting, the other was taken to the hospital.

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MO: Webster Grove Homeowner Shots, Kills Intruder

WEBSTER GROVES, Mo. (KMOV.com) – A Webster Groves homeowner killed an alleged intruder overnight.

According to police, a homeowner in the 1400 block of Grant confronted a man who entered a rear door of his home just before 3 a.m. The homeowner was armed with a shotgun and reportedly shot the intruder when he did not comply with verbal commands to exit the residence.  

"I would have done the same," neighbor Greg O'Brien said. He woke up to the incident. "That's the first thing I did when I heard my dogs go crazy, I grabbed my handgun."

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IL: Austin (Chicago) Resident Shoots Intruder

A man was shot and seriously wounded after he broke into a home in South Austin Tuesday.

A resident of the home in the 5800 block of West Iowa Street saw the man enter and shot him in his hand, flank and elbow just before 6:30 p.m., Chicago Police said.

He was taken to Loyola University Medical Center, where he was listed in serious condition, police said.

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US District Court in Connecticutt: Gun Permit not Valid Cause for Arrest and Search

On 12 November, 2018, at about 8:34 pm, Basel Soukaneh was driving in Waterbury, Connecticut. He was not familiar with the area, and was attempting to find a house he was considering purchasing. The GPS on his cellphone had frozen. The cell phone was on a holder on the dash, so he pulled over to adjust it. Shortly after he pulled over, with the engine running, an officer knocked on his window and demanded his license.  The interior lights on the vehicle were turned on.

According to the complaint, Soukaneh rolled down his window and said "Hi" the the officer. The officer yelled "Your drivers license!". Soukaneh then took the drivers license and his pistol permit from the visor of his vehicle and gave them to the officer, while telling the officer he had a pistol in the car. 

The officer opened the door, grabbed Soukaneh, and attempted to force him from the vehicle. Soukaneh had his seat belt on, but was pulled half out of the car before he was able to turn off the ignition and release the seat belt. 

Soukaneh suffers from two herniated discs, so this action caused significant pain. 

The officer handcuffed Soukaneh and placed him in the back of the police car, in an awkward and painful position. The officer searched Soukaneh's pokets and took $320 and a flash drive, which contained pictures of his deceased father.

The officer or other officers (other officers had arrived) then searched Soukaneh's car passenger compartment and trunk. The incident is claimed to have lasted longer than 30 minutes. Eventually Soukaneh was given a traffic citation and released.

Basel Soukaneh filed suit for violation of Constitutional rights under color of law in United States District Court, District of Connecticut on 25 July, 2019.  

Officer David Andrzejewski responded, though his attorney, that he was covered by qualified immunity because the plaintiff was in possession of a pistol, which made him objectively dangerous. The officer claimed qualified immunity applied simply because the pistol was there.

On 6 August, 2021, The United States District Court, District of Connecticut found possession of a firearms permit and a firearm was not probable cause for arrest and search of a vehicle, and was not sufficient cause for a Terry stop detention and search.

From courtlistener.com:

On this record, no reasonable officer could conclude that Plaintiff posed a meaningful threat of being “armed and dangerous” simply because he disclosed that he had a pistol and a license to possess it.Knowles, 525 U.S. at 118 (emphasis added). Any contrary holding would make it practically impossible for the lawful owner of a firearm to maintain a Fourth Amendment right to privacy in his or her automobile. See supra 9-10. The Court therefore denies summary judgment on the search of the vehicle and declines to immunize the office.

A consistent body of law is building. Mere possession of arms is not a justification to stop and/or search a person.  The courts have been clear. When a legal activity is commonly practiced in a community, mere exercise of the legal activity is not justification to stop, or arrest, or search people who are exercising that activity.

While it may not be germane to the case, it is amusing to note the brief put forward in defense of Officer Andrzejewski misspelled the plaintiff's name.

Soukaneh, was misspelled as Soukarieh. It is unusual to see misspelled words or names in federal court cases. 

The finding that Officer David Andrzejewski does not have qualified immunity in this case means a settlement is likely. 

Because the case can go forward, discovery can be required. Evidence such as body camera video, radio logs, telephone logs and officer time sheets are likely to be demanded from the department. These things could establish a clear, undisputed, time line for the stop, arrest, and search.

Several other officers may be implicated. 

In such situations, Police departments are often willing to settle for a few hundred thousand dollars of taxpayer money rather than submit to discovery.

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

Gun Watch

TX: Woman Crashes Car, Starts Shooting People, Neighbor stops Her with Gunfire

It all started just before 10 p.m. Wednesday night when a driver was traveling at high speed and crashed into a parked car - and then for some reason she got out of the car and started firing.

The owner of the vehicle that was hit, a man in his 50's, and two others came out to see what happened. That's when the female driver got out of the car and opened fire, hitting all three people.

A neighbor came out to help, and ended up shooting the driver of the car, a woman in her late 20's or early 30's. She died at the scene.

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OH: More on Domestic Shooting/Self Defense in Jefferson Township under Investigation

The court records say a witness reported that the incident started as Redd “was beating on” his girlfriend and their parents were called to the scene.

The narrative says her mother and his mother arrived at the house but were at first unable to get inside.

“(The witness) said Darnell was holding the door shut while he was still fighting with (his girlfriend),” the narrative says. “Darnell moved away from the door during the incident and Sharise entered the residence with a gun in her hand. (The witness) said Sharise and Darnell were pointing their guns at each other and Darnell fired three shots...”

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SC: Woman who Shot another Woman, Shot by Security Guard

FLORENCE, S.C. (WBTW) — Police charged a Florence County woman with attempted murder Saturday after she shot another woman during a fight at a bar and was later shot by an armed security guard, according to police.

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TX: Domestic Defense, Father Shoots Daughter's Ex who Charged Him

The ex-boyfriend then opened an iron gate at the front of the home and charged at the father, KSAT reported. The father, who was armed, told the ex-boyfriend to leave before firing a shot, striking him.

Officers arrived to find the ex-boyfriend on the ground suffering from a gunshot wound. He was pronounced dead at the scene, KABB reported.

The father was detained by police. He told investigators he had felt threatened and had the gun to protect himself. He has not been charged.

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State Opportunities to Repeal Bans on Hearing Safety/Gun Mufflers

map from the American Suppressor Association

The same person who invented the muffler for the automobile invented them for guns.  Hiram Maxim, the inventor, called them "Silencers".  An obvious reason they were not invented earlier is the inside of a gun muffler is more complex than a gun barrel. Early silencer designs were made of mild steel, making them subject to corrosion. A silencer for a gun using black powder, would require a significant effort to clean after each use.

Smokeless/non-corrosive gunpowder did not become common until about 1900. At that point, gun mufflers became more practical. Increasing prosperity in society, brought about by technical innovation and the use of fossil fuels, made target shooting more economical for more people. 

Hiram Maxim invented the gun muffler in 1902. It was moderately popular. President Theodore Roosevelt owned several and found them useful for target shooting and pest control.  

The Progressive regime of Franklin Delano Roosevelt was able to make the interstate transportation and marketing of silencers prohibitively expensive  in 1934.   There was no clear reason to do so in the legislative record. Placing prohibitive taxes on machine guns, silencers and short barreled rifles and shotguns was the booby prize in 1934. The main aim of the proponents of the law had been to require registration and licensing of all pistols.

How states banned silencers is less clear. There was no upwelling of public sentiment to ban silencers. It appears there was a top-down push, perhaps to protect the federal law from challenges.  Texas passed its ban on silencers in 1973.  Iowa banned silencers in 1983. Wisconsin law banning silencers was hidden in a budget bill in 1991. 

There has been push back. Some states which banned silencers have allowed possession under federal law. Some states have removed their state bans altogether. Texas recently repealed their silencer ban and replaced it with an anti-commandeering law favoring silencers.

Silencers are legal to own in 42 of the 50 states. 

 The American Suppressor Association keeps track of state legislation.

 ATF has a good compendium of firearm laws by state.

States with outright bans on gun mufflers/silencers/suppressors are: California, New York, Illinois, Massachusetts, New Jersey, Hawaii, Delaware and Rhode Island.  They account for 8.11% of the land area of the United States.  There are ongoing efforts in those states to allow for silencer ownership under federal law.

If Texas, whose silencer reform law goes into effect on 1 September, 2021, is included, there are 22 states who do not regulate silencers under state law. They cover 39.5% of the land area of the United States.

The states which offer significant opportunities to repeal bans on the safety devices are those which have ceded sovereignty over silencer regulation to the federal government.  There are 20 of them. 

They are Alaska, Arizona, Colorado, Connecticut, Georgia, Iowa, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, North Dakota, Ohio, Oregon, South Dakota, Vermont, and Wisconsin. They cover 52.5% of the land area of the United States.

Nine of those states are Constitutional Carry states.  Several others are somewhat supportive of the Second Amendment. Those states seem ripe for legislation to repeal their state bans on gun mufflers/silencers/suppressors.  

The ban on gun safety devices never made any sense. 

The records show they are seldom used in crime. Millions have suffered significant hearing loss because of the medical blunder of the FDR administration.

Repeal of state bans accomplishes several things. It sends a message the federal ban is foolish and counterproductive. It removes a potential barrier if the federal law is reformed. It reaffirms state legislatures' support of the Second Amendment. It limits the possibilities for states to prosecute people for possession of safety equipment.

There are only a few federal prosecutions for illegal silencer possession each year. It appears the number is about 30 a year. If people make their own gun mufflers, and state prohibitions are repealed, the danger of federal prosecution becomes vanishingly small, unless the person actively seeks to become a test case, or brags about  flouting the federal law on social media.

As with prohibition, when the public ignores the law, there is a good chance to repeal it. The ban on the gun mufflers, also known as silencers/suppressors, is ripe for public scorn. 

This correspondent recommends Second Amendment supporters use the ATF Form 1 to obtain the legal permission to make their own gun muffler. Massive compliance is another way to attack the travesty of the federal ban. 

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

Gun Watch

 

 

IN: Off Duty Officers in Shootout at Bar Parking Lot

Two off-duty Lawrence officers were outside the bar and confronted the person who then fired shots. One of the officers returned fire injuring that person. The shooter was taken to the hospital where they are critical.

The officers are now on leave while the incident is investigated — which is standard protocol.

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FL: Gunfight with Car Theft Suspect

The suspect in the car was hit and fired back before he drove off. He drove the car to the WingHouse on Parkway Center Court and called 911. He was hospitalized and is expected to recover, officials said.

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IL: Gunfight, Robbery Suspect Shot, Killed

As Mack was walking backwards away from the men who had approached him, one of them stated that he was going to rob Mack. Then one of the alleged attempted robbers pulled out a gun and threatened Mack.

Mack who was also armed with a gun, began shooting at the man who had pulled out a gun. The man ran back to his car and attempted to drive away when he crashed into the retaining wall at around 10:54 p.m., according to the DeKalb Police Department.

Upon officers’ arrival, they found a vehicle that crashed into a concrete retaining wall. The driver of the vehicle was found to have been shot. Officers performed life saving measures until the DeKalb Fire Department arrived on scene. The driver was taken to Northwestern Kishwaukee Community Hospital where he was later pronounced dead.

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TN: Armed Samaritan Captures Car Burglar, Holds Them at Gunpoint

 

The victim came out of her apartment, camera rolling, and captured one of her neighbors, gun drawn, holding an alleged car burglar in check.

“They found so much on him. He had a gun, other people’s phones. Money. He said, ‘I don’t live in this area, I was just walking home,’ but he had on a bulletproof vest.”

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IA: Des Moines Resident Shoots Home Invader

According to Des Moines police Sgt. Paul Parizek, the man had forced entry into an apartment in the 2500 block of Lincoln Avenue just after 12:30 a.m. Friday armed with a handgun.

Parizek said the man assaulted and threatened residents inside the apartment before being shot by one of the residents.

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MO: Man Drives off Carjackers with Gunfire

Police said some people tried to carjack a driver. The driver then shot at the would-be carjackers who ran away.

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VA: Man Shot, Killed by Dale City Woman was on Crime Spree

A 20-year-old Triangle man who was fatally shot last month by a Dale City woman in what police determined was a justified act of self-defense has been connected to five recent armed robberies at area 7-Eleven stores, police said Monday.

The man, identified as Azhar Laurent Smart, 20, of Triangle, was found by police suffering a gunshot wound at 12:25 a.m. on Thursday, July 22, outside a home in the 4100 block of Hoffman Drive, a residential area off Prince William Parkway near the Sheetz gas station, according to a news release issued at the time.

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TX: Domestic Defense? Woman Shoots, Kills Boyfriend

HOUSTON, Texas (KTRK) -- A man was shot to death Sunday morning at a north Harris County apartment complex in what deputies say may have been self defense.

It happened around 5 a.m. in the 2300 Bammelwood Drive near Kuykendahl.

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2021 31 July, The Year has Tied record for Annual Fatal Bear Attacks

Black Bear in Northern Wisconsin (Credit: Vanessa Wright)

With the 31 July fatal attack by a black bear near Swan Hills in Alberta, Canada, 2021 has tied the record for the number of fatal bear attacks in one year. From ctvnews.ca: 

EDMONTON -- Mounties say a female tree planter was mauled to death by a bear in northern Alberta. 

RCMP told CTV News they received a call just after 3 p.m. on July 31 regarding an attack in a rural area northwest of Swan Hills.

The 26-year-old woman was planting trees in the remote spot when she was attacked by what witnesses described to police as a black bear.

The attack appears to have been a predatory attack. Predatory attacks are the most  easily defeated with handguns as there is often plenty of time to deploy a handgun at close range. 

On 6 July,  Leah Davis Lokan was attacked and killed by a grizzly bear in an unprovoked attack in her tent, in the town of Ovando, Montana. From spokesman.com:

The grizzly was killed near a chicken coop about 2 miles from the campsite where Leah Davis Lokan, 65, was attacked in her tent at a popular long-distance bicycle campsite in the small ranching community 50 miles west of Missoula along Highway 200. Lokan was from Chico, California, but used to work as a nurse in Sandpoint.

On 25 May, 2021, an unnamed woman was attacked an killed by a grizzly bear on her property near Water Valley, Alberta. From 660citynews.com:

WATER VALLEY, Alta. – One person is dead after what’s believed to be a bear attack northwest of Calgary.

Alberta Fish and Wildlife says in a Facebook post Mounties were called about the attack on private land near Water Valley, just off Highway 22, around 7:30 p.m. Tuesday night. 

Officials say the person had gone for a walk on their property and was found dead on one of the trails.

Traps have been set up in the area and a grizzly was seen with her cub in the vicinity.

The bear was exhibiting aggressive behaviour.

On 4 May, 2021, a grizzly bear killed  David Lertzman in an unprovoked attack near Waiparous, Alberta.  From mountgainviewtoday.com:

CANMORE – The wife of a 59-year-old former Canmore man killed in a bear attack in the Waiparous area last week says the bear attacked him from behind, sending him over a steep embankment to his death.

Alberta Fish and Wildlife officials suspect the bear involved was a mature female grizzly, but so far the bruin has evaded capture attempts.

On  30 April, 2021, Laney Malavolta was attacked and partly eaten by a black bear near Durango, Colorado. The attack was unprovoked.  From denvercbslocal.com:

DURANGO, Colo. (CBS4)– The woman killed in a bear attack near Durango last week has been identified as Laney Malavolta. An autopsy for Malavolta, 39, from the La Plata County Coroner revealed that the cause of death is “perforating injury to neck.”

On 17 April, 2021, Charles Mock, a fishing guide, was killed in an unprovoked attack just outside of Yellowstone Park, in Gallatin County, Montana. Mock used bear spray, but it was ineffective. From a former article in AmmoLand: 

On the afternoon of 15 April 2021, Carl Mock was attacked by a grizzly bear near Baker’s Hole Campground in Gallatin County, Montana. The campground is a few miles from the town of West Yellowstone, near an entrance to Yellowstone Park. Mock was able to dial 911. Several agencies responded to the call at about 3:42 p.m. The first responders were able to find Mock after about 50 minutes of searching.

There are five months left in 2021. Many fatal bear attacks occur in the fall, as the bears are desperate to layer on fat for hibernation. 

The last year there were six fatal bear attacks in North America was 2005. 2021 will very likely break that record. 

Of 66 fatal bear attacks in North America since 2000, 32, nearly half, occurred in August through the end of the year. The latest was a very rare attack on 26 November in the Yukon. 

It is  likely there well be one or more additional fatal bear attacks in North America this year.

Of the 66 fatal attacks, 31 were attacks by black bears, 2 were attacks by polar bears, and 33 were attacks by grizzly bears. 

There are several people admitted to the hospital after a bear attack for each bear caused human fatality. There are probably several times that number who are not admitted, who fought off the bear or killed it without serious injury. 

It is likely there are several dozen bear attacks for every fatality inflicted by bears.

Handguns remain as the most effective means of stopping bear attacks. This is because handguns are more likely to be carried on the person and accessible in more situations than long guns. Accessibility problems exist for all weapons used to stop bear attacks, whether bear spray, hand guns, long guns, or large knives. 

When handguns are used, they are effective about 97% of the time.

Bruce Buckshot Hemming anticipated the increasing attacks in his book "Four Seconds to Impact".  A review by this correspondent can be found here. 

As bear populations continue to increase exponentially, they compete with humans for territory and food. Bear-human conflicts become more likely. Most of the time, the humans prevail. But as conflicts increase, the number of human fatalities mount as well. 

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

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OH: Burglar Hands gun to Homeowner, who Holds him at Gunpoint for Police

Police say Ziegan then told the homeowner, “I have your gun,” pulled it from his waistband and handed it to him.

That’s when the homeowner called 911 and held Ziegan at gunpoint until police were there, according to the release.

After an investigation, police say they found out that Ziegan had gone through every room of the house and took money and a shirt, which he was wearing, from the homeowner.

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TX: Retired Man Shoots Neighbor who was Tresspassing, exhibiting "Unusual Behavior"

Investigators say the two men had been arguing, though it's not clear over what. There was a physical altercation and, ultimately, the retired officer shot the neighbor.

The victim was shot in the stomach. He was taken to a hospital. The father of the man shot said his son underwent a three-and-a-half hour surgery on Sunday and then had a second surgery on Monday.

Prior to the incident, one neighbor told ABC13, the adult son rang her door bell and later exhibited unusual behavior.

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WI: Intruder who was Shot Breaking into Green Bay Home is Identified.

GREEN BAY, Wis. (WFRV) – The man that ended up getting shot by a homeowner after he tried to break into a residence has been identified.

According to the Green Bay Police Department, has been identified as a 31-year-old man from the Green Bay area. Charges for the suspect are expected to be sent to the District Attorney’s office once the investigation is complete.

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NICS for July, 2021, Second Highest Gun Sales on Record, Down from 2020

July 2021 was the  second highest total July for National Instant background Check System (NICS) checks on record. The highest was in July of 2020.  The number of checks done in July of 2021 was 2,860,476. The number in July of 2020 was 3,639,224.

July 2021 was also the second highest July for gun sales on record, with the highest having been last year, July of 2020, as well. The July, 2021 gun sales were 1.84 million. The calculation of the number is approximate, consisting of handgun checks + Long guns checks + Other guns checks + 2.5 x multiple sales on 1 check = 1.84 million gun sales in July, 2020. The percentage of gun sales of all NICS checks for the month was 51%.

For July of 2021, using the same formula, the number of gun sales was 1.25 million.  The percentage of gun sales of all NICS checks was only 44%.

For July of 2016, the number of gun sales was 1.22 million, slightly less. The percentage of checks used for gun sales was 48%.

The major culprit in de-linking background checks from gun sales is the use of the checks for numerous other purposes, especially for carry permits and carry permit rechecks.  The FBI does not charge states to run NICS checks, so Illinois and Kentucky run hundreds of thousands of re-checks on carry permits every month.

Demand for guns and ammunition is still very high, as noted by the numbers. However, the demand has dropped off the record shattering levels experienced in 2020. With over a year of record breaking demand, firearm producers responded. 

Guns were flying out of manufacturers hands and into citizens hands.  Ammunition was being sold long before it reached retail shelves. The demand was high and the prices were as well. Such levels of demand cannot be sustained.

In June of 2021, it was clear the demand had dropped. Manufacturers were meeting the demand. Ammunition and firearms were both appearing back in retail stores. Prices were dropping.

The number of firearms added to the private stock in 2020 was about 21 million.

The number of firearms added to the private stock through July of 2021, has been about  11 million. 

That puts the total number of private firearms in the United States at 475 million at the end of July. 

It is an enormous number, 167 million new guns have been added to the private stock since the election of Barack Obama in 2008.

There may be a trillion rounds of ammunition stockpiled in private hands in the United States.  That would be about 12 years of production and import. It would only be a little more than 200 rounds for each gun in private hands. It is nearly impossible to determine how much ammunition is stored in private hands. To do so, it would be necessary to include the components for making ammunition by people who reload cartridges. 

Perhaps it would be necessary to determine those who cast their own bullets, produce their own gunpowder, recharge their own primers and percussion caps. 

All of those things are being done by hundreds, thousands, millions of people in the United States.

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

Gun Watch

FL: Man Involved in Gunfight with Suspects Charged with Aggravated Battery with Firearm

KENDALE LAKES, Fla. – Christopher Luis defended himself from three armed robbers in February in Miami-Dade County. He suffered gunshot wounds to his left bicep and right hand and doctors treated him at the Kendall Regional Medical Center, police said.

Surveillance videos show Luis shot a gun-wielding 16-year-old boy, disarmed him, and returned to fatally shoot him as he bled on the ground on Feb. 13 in Kendale Lakes, police said. Prosecutors cleared Luis of murder and manslaughter charges and charged him with aggravated battery with a deadly weapon, according to the Miami-Dade State Attorney’s Office.

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ND: Update, Pawn Worker who Shot at Suspect Charged with Reckless Endangerment

FARGO — Prosecutors filed a misdemeanor charge of reckless endangerment Wednesday, Aug. 4, in Cass County District Court against a Fargo pawn shop worker who fired a gun at a fleeing robbery suspect's vehicle in June.

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OH: Woman Shoots Man Attempting Break-in Investigation Continues

Police say a 22-year-old female shot the man in the head when he tried to break into her downstairs residence. The alleged burglar was later identified as the building's upstairs resident. His name has not been released.

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MO: Mark and Patricia McCloskey Pardoned by Governor Mike Parson

Image screenshot of public announcement by Kim Gardner, Circuit Attorney

On 30 July, 2021, Governor Mike Parson granted pardons to Mark and Patrica McCloskey, along with 10 other people. The McCloskeys had defended their home from an angry mob of political protestors. From the office of Communication of Missouri Governor Michael L. Parson:

On Friday, July 30, 2021, Governor Mike Parson granted 12 pardons and approved two commutations pursuant to Article IV, Section 7 of the Constitution of the State of Missouri. Official documents have been filed with the appropriate government agencies and are being sent to the individuals.

Pardons:

1) Phillip Vancil
2) Roy Middleton
3) Travis Gilliland
4) Dennis Hargiss
5) Linda Floyd
6) Marlo Finner
7) Kenneth Callahan
8) John Biggs
9) Randy Huggins
10) Jeremy Murray
11) Mark McCloskey
12) Patricia McCloskey

Commutations:

1) Matthew Carrell
2) Deitra Cole

Mark and Patricia McCloskey became famous when an angry mob of demonstrators were directed into their private neighborhood by demonstration organizers. The couple were terrifically outnumbered. Both sides had weapons. The demonstrators yelled threats; the couple pointed firearms in the direction of the demonstators. A gate to the complex was destroyed in the process.

Far Left prosecutor Kim Gardner, a supporter of Black Lives Matter, who organized the protest, charged Mark and Patricia McCloskey with "Unlawful use of Weapons". 

The charge, which flied in the face of the video evidence, ignited sympathy for Pat and Mark.  Kim Gardner, whose official title is St. Louis Circuit Attorney, used the prosecution as part of her bid for re-election. There were additional charges of evidence tampering, although the tampering seems to have been on the orders of the prosecutors office. 

Missouri Attorney General Eric Schmitt called for the dismissal of the charges.

Missouri Governor Mike Parson said he would pardon the couple.

Evidence surfaced of political pressure by Kim Gardner's prosecutor office to prosecute the McCloskeys. 

As a result, combined with effective legal maneuvers by the McCloskeys, Kim Gardner and her entire office were removed from the case.

The case was handed over to special prosecutor Richard C. Callahan. Callahan was not unbiased. He had been appointed by President Barack Obama as a U.S. Attorney. He is reported to be a longtime ally of former Senator Claire McCaskill (D) MO. 

Callahan looked at the case and knew he was unlikely to get a conviction on the firearms charges. He wanted a conviction, but his highest priority was to confiscate the couple's firearms as a symbolic victory. 

Callahan combed through the law and found a charge which would be very difficult to defend against. Then he negotiated a reasonably favorable plea deal with the McCloskeys, so he could declare victory. The plea deal included pleading guilty to a minor misdemeanor and surrendering a Bryco 38 pistol and an ordinary AR-15.  Mark McCloskey immediately purchased a replacement AR-15 type rifle. 

There is a serious problem in the criminal justice system when a special prosecutor openly says his highest priority is a symbolic, political, victory.

Governor Parson was reported to have said he would pardon the McCloskeys on 19 July, 2020. 

A little over a year later, on 30 July, 2021, he kept his promise. 

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

Gun Watch

 

 

 

PA: Homeowner Uses Handgun to Chase Four Intruders from Home

Police say the homeowner chased them from his home, while armed with a handgun, and fired a shot over them, the complaint states.

Authorities say the four suspects fled the scene in a white Chevy sedan, resulting in a chase with police that later ended in the Moxham-section of Johnstown.

Police say five individuals fled the vehicle, two of which were taken into custody on Sunday.

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OR: Neighbor Shoots Dog, Saves Couple During Vicious Attack

SPRINGFIELD, Ore. — A couple suffered extensive injuries after they were attacked by their pet dog in their own backyard, but a quick-thinking neighbor was able stop the attack and save the owners by shooting the dog, police say.

The incident unfolded Wednesday at around 7:15 a.m., when police received multiple calls about a disturbance in the backyard of an apartment at Jenna Village on Aster Street in Springfield, Ore..

Police and medics responded to the scene, where they learned that a dog had viciously attacked its owners. They also discovered that during the attack, a neighbor shot the dog with a small caliber gun in an effort to save the couple.

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CA: Errratic Intruder Shot, Killed in Pleasant Hill

PLEASANT HILL (CBS SF) — A man who was behaving erratically was shot and killed Tuesday evening after entering a home, according to Pleasant Hill police.

It happened at about 5:45 p.m. on Shadow Mountain Court near Camelback Road. Several 911 callers reported a suspect was vandalizing parked cars and trying to get inside homes, according to police.

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AR: Man who Stopped Mass Murder in Fort Smith found Justified

 

Image screenshot from 5newsonline.com video, cropped and scaled by Dean Weingarten. Rifle believed to have been used to stop the murder.

The man  who shot and killed Zachary Brian Arnold on 15 May of 2021, in Fort Smith, Arkansas, Wallace A. West, was justified in the shooting, according to Sebastian County Prosecutor Dan Shue.  The incident was covered by AmmoLand previously. 

More facts about the incident have been revealed. Wallace fired two shots, not one, as previously assumed. He missed the first shot. It was revealed Arnold had fired 93 shots when he was shot and killed by West. From nwaonline.com:

West, identified in the Police Department news release Wednesday as an off-duty employee of the U.S. Department of Homeland Security, woke to the sound of gunshots, Shue wrote. He ran outside and saw Arnold shooting into Hicks’ apartment.

West then grabbed a bolt action rifle, which was scoped and loaded, from his gun cabinet, stepped onto his balcony and fired once at Arnold, missing him because he was “shaking so badly,” according to his witness statement.

Arnold turned and fired several rounds at West.

Arnold went back into his apartment, presumably to reload, and he came back outside, Shue wrote. He began walking down the complex, rifle in hand, according to West. West took a second shot, which struck Arnold in the head and killed him.

 The article reports that West was an "off-duty employee of the U.S. Department of Homeland Security". It is unclear if West was a sworn officer or other employee. The Department of Homeland Security employs a great many people, about 240,000. It is unclear how many are sworn officers, probably less than half. 

West was acting as an armed Samaritan when he shot Arnold, who had become mentally unbalanced. Arnold had previously served in Afghanistan, and suffered from PTSD. This was a tragedy for both families.

When a sheepdog goes rabid, to use the popular analogy, they have to be put down.

That seems to be the unfortunate case with Arnold. An armed Samaritan was willing to step up and do what was necessary, under fire. We owe Wallace A. West a debt. It is highly likely he stopped more unnecessary killing. 

This correspondent prefers the term armed Samaritan to sheepdog, because it implies a Christian duty to defend the innocent. An excellent book on the subject was reviewed on AmmoLand in 2017. The moral implications are for all people. In the Samaritan story, the Samaritan was not a Christian. He was not even considered Jewish by the local elites in Jerusalem.

It remains to be seen if the FBI will include this incident as a mass murder stopped by an armed member of the public (citizen engagement, in FBI parlance). There is reason to doubt they will. 

Researcher John Lott examined the FBI classification of various active shooter incidents. When Jack Wilson stopped the attacker after two members of the West Freeway Church of Christ were murdered in White Settlement Texas, it was not listed as a case of "citizen engagement" by the FBI.  The FBI claimed this was not "citizen engagement", because Jack Wilson was a voluntary member of the church security team. Therefore, according to the FBI, it was not "citizen engagement", but law enforcement/security. 

Lott makes the case the FBI has a bias toward minimizing the importance of armed Samaritans in stopping active shooters. 

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

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TX: Domestic Defense, Girlfriend Shoots Boyfriend During Assault

HARRIS COUNTY, Texas — A man was shot and killed after deputies said he assaulted his girlfriend at their apartment in north Harris County.

This happened at an apartment complex in the 2330 block of Bammelwood near Kuykendahl. 

Deputies said the woman reported her 27-year-old boyfriend assaulted her and then pulled out a gun. The two wrestled over the gun before the gun went off, deputies said. 

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WY: Fish Creek Bear Attack 2010: Savage 99 .308 and Taurus Tracker .41

 

 Image of grizzly bear  by Troy Nemitz, used with permission.

As part of AmmoLand's investigative journalism, a Freedom of Information Act (FOIA) request revealed this bear attack which happened in Wyoming, in 2010.

On 14 August, 2010, in the Union Pass area, on Forest Service Road 693 near Fish Creek in  west central  Wyoming, a family group was camping. One of the children reported they had seen a dead calf near the creek.

Two members of the group armed themselves to investigate. The creek was about 200 yards from the campsite. They were unsure if the calf were dead or merely sleeping. If the calf were dead, they would need to keep the children, who wanted to go fishing, away from the creek, because of the danger of bears in the area. They approached the creek about 8:15 a.m.

As the two people walked down the road toward the creek, there appeared a slight gap in the trees on their right as they approached the creek. One of them said that "looked like a good place for bears", just before a grizzly erupted from the woods, coming at them at "90 miles an hour".

The person in the lead shouldered his Savage 99, chambered in .308, loaded with five rounds of  reloads with 150 grain Game King bullets. The bear appeared only 15 feet from them. At 8-10 feet, he fired.  The bear stumbled and went down, slightly to his right, at the edge of the road. As the bear started to get up, he fired a second shot and his partner opened up with the .41 magnum. The .41 magnum was loaded with reloads and lead bullets. Both people emptied their firearms at the bear, five shots with the Savage and five shots with the Taurus. The bear managed to crawl a few feet away, and collapse next to a pine tree.

FOID image. Red arrow enhanced to show position of dead bear. X indicates positions of shooters. Blue line shows approximate path of bear charge.
 

The shooters did not have any extra ammunition with them. The bear was still moving when they left. They went back to their camp. About 45 minutes later, they returned in a pickup truck to make sure the bear was dead. 

The bear appeared dead. They got out of the truck to investigate. They saw a dead calf beyond the dead bear, near the creek. Nearby was a cow, presumably the mother of the calf.  

Then more bears appeared, a sow with two cubs. The owner of the Taurus revolver had exchanged it for a camera. The one with the Savage rifle yelled and raised his rifle, and the bears retreated. When the bears appeared, the cow took off running.

The shooters got back into the truck. They traveled to the Forest Service guard station and reported the incident.

When the field necropsy was done on the bear, it was discovered the bear was hit three times with .308 caliber bullets.  The bear was a boar, approximately 18 years old, and had an unreadable lip tattoo. Ear tags had been attached, but had been torn out long before the shooting. The history of the bear could not be determined.

The investigation determined the calf had been killed by wolves, but then fed on by grizzly bears. The information was forwarded to the U.S. Attorney's office for Wyoming.

On 6 December, 2010, the United States Attorney's office, District of Wyoming, declined prosecution.

 

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

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