GREAT FALLS, Mont. (AP) — An intruder suffered a gunshot wound after trying to break into the home of an off-duty Great Falls Police officer, the police department said.
Thursday, December 30, 2021
IL: Off Duty Officer Shoots Armed Robber in Self Defense
CHICAGO (AP) — An off-duty Chicago police officer shot and critically wounded a man during an exchange of gunfire after the man tried to rob him on the city's South Side, police said.
The man approached the officer about 5:45 p.m. Monday in the Calumet Heights neighborhood and tried the rob the officer, said Tom Ahern, a spokesman for the Chicago Police Department.
CO: Ikhide Ikhigbonoaremen found not guilty by Jury
GOLDEN, Colo. — A Jefferson County jury acquitted a Westminster man this month in the fatal shooting of his roommate in June 2020, according to court records.
Ikhide Ikhigbonoaremen, 33, was found not guilty of murder Dec. 9, after a nine-day trial in Jefferson County District Court in which his attorneys argued that the shooting was self-defense.
Ikhigbonoaremen had been charged in the death of his roommate, Tyler Matus, 31, at their home in the 7900 block of West 90th Avenue, according to the Jefferson County District Attorney's Office.
Wednesday, December 29, 2021
VA: Domestic Defense, Halifax Count Womand Fatally Shoots Man
HALIFAX COUNTY, Va. (WDBJ) - The Halifax County Sheriffs Office is investigating a home shooting on Union Church Road that left a man dead.
Investigators first believed the call came in as intruder in the home, but now believe the circumstance to be a domestic incident.
The woman who owns the home is believed to be the one who shot the man.
AR: Police Investigate home Invasion where Woman Shot at Intruder
Burk said a woman told police a white man in a black mask broke into the home about 7:15 a.m. The woman received nonlife- threatening injuries during a scuffle with the intruder, he said.
The man fled the property after the woman fired a shot, he said. The intruder was not hit by the shot.
Tuesday, December 28, 2021
CA: Cupertino Homeowner Investigated in Shooting Death
Sheriff's deputies responded to a 4:08 a.m. call regarding a homeowner firing shots at a trespasser at a residence in the 20000 block of Patric Court, according to Sheriff's Deputy Russell Davis. The deputies found a man with at least one gunshot wound and he was pronounced dead at the scene, Davis said.
Homicide detectives and crime scene investigators are investigating the circumstances of the death, Davis said.
NV: Carson City Neighbor Fatally Shot in Apparent Self - Defense
CARSON CITY, Nev. (KRNV) — A neighbor dispute lead to a deadly self-defense shooting in Carson City on Christmas Eve, according to the sheriff's office.
The Carson City Sheriff's Office responded to a shooting just before 3 p.m. on Dec. 24 at an apartment on the 20 block of College Parkway.
When police arrived, the found a man dead in a downstairs apartment doorway suffering from a gunshot wound to the chest. The man was identified as a 41-year-old man who lived in an apartment upstairs.
Nevada Supreme Court Stops Illegitimate Lawsuit Against Gun Manufacturers
The Nevada Supreme Court recently issued a ruling upholding the immunity of firearm and ammunition makers from civil lawsuit, when their products are used criminally, under Nevada law.
The lawsuit stems from the criminal mass murder perpetrated in Las Vegas on October 1, 2017. Many people are desperate to blame the instruments of crime for the crime. There arr deep pockets to consider. Gun manufacturers have significant assets. Dead criminals, do not.
A Federal statute The Protection of Legal Commerce in Arms Act (PLCAA), protects manufacturers, distributors, and retailers on the federal side.
Nevada has a separate state statute to protect firearms manufacturers from frivolous lawsuits designed to destroy innocent manufacturers, distributors, and retailers.
If manufacturers, distributors and retailers can be held responsible for the acts of criminals, no manufacturer, distributor or retailer will be safe from lawsuits designed to destroy them. The Federal lawsuit was sent to the state court to see if it was valid in Nevada.
The Nevada statute is NRS 41.131. From state.nv.us:
NRS 41.131 Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.
1. No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law.
2. This section does not affect a cause of action based upon a defect in design or production. The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design.
The Nevada Supreme Court found the lawsuit was not allowed under Nevada law. From the nvsupremecourt.us, case number 81034:
In response to the questions certified to us by the federal district court, we hold that NRS 41.131 provides the gun companies immunity from the wrongful death and negligence per se claims asserted against them under Nevada law in this case. We in no way underestimate the profound public policy issues presented or the horrific tragedy the Route 91 Harvest Festival mass shooting inflicted. But this is an area the Legislature has occupied extensively. If civil liability is to be imposed against firearm manufacturers and distributors in the position of the gun companies in this case, that decision is for the Legislature, not this court. We urge the Legislature to act if it did not mean to provide immunity in situations like this one. But as written, NRS 41.131 declares a legislative policy that the Parsonses cannot proceed with these claims under Nevada law.
The convoluted reasoning in the lawsuit, that firearms manufacturers should cease to make and sell firearms because they could foresee firearms might be used in mass murder, is a terrible, civilization killing concept. Trucks and cars have been used in mass murder, at least one with more victims than the mass murder in Las Vegas. Gasoline has been used effectively in mass murder. Matches have been used effectively in mass murder. Knives have been used effectively in mass murder.
Nearly everything has a potential for serious crime. Presumably, the idea is to only allow the government to produce and distribute things. Private individuals would be taking an extreme risk to make anything, given that liability for the manufacture of products could be attached to criminal acts.
Opinion:
Our society this has had horrible effects, from the expansion of tort law since he 1970's, all denied by the tort liability bar, which profits enormously from these lawsuits.
The United States is not alone in mass murder. Guns alone are not the only instruments of mass murder.
More states should emulate Nevada to protect innocent manufacturers, stockholders, distributors and retailers from frivolous lawsuits designed for political purposes.
There is no such thing as a risk free society. Risk is inherent in life. No one gets out of this life without dying.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Monday, December 27, 2021
TX: Grand Prairie Homeowner Fatally Shoots Neighbor
GRAND PRAIRIE, Texas (CBSDFW.COM) – A man Grand Prairie Police said forced his way into someone else’s home was shot and killed Thursday afternoon, Dec. 23.
Police said it happened in the 2800 block of North Highway 360 around 1:30 p.m.
Grand Prairie Police said Elon Thomas, 43, forced his way into a private residence, then the homeowner retrieved a firearm and shot him.
NC: Armed Robbery Suspect Shot in Leg by Store Employee
Police said Avondre McLaurin tried to steal money from the cash register and appeared to be tucking a gun under his clothes.
He was shot in the leg around 5 p.m. Thursday by the store employee and then fled from the store.
Sunday, December 26, 2021
Black Kyle Rittenhouse? Opposite side of Chicago, Davion L. Jones, not Guilty
Davion L. Jones
The Progressive left has complained vociferously about the Kyle Rittenhouse verdict. One of their strident hypotheticals is to claim a black man in Kyle's situation would never have made it to trial, let alone been found not guilty by a jury. From Julian Castro on twitter:
You know damn well that if Kyle Rittenhouse were Black he would have been found guilty in a heartbeat—or shot dead by cops on the scene.
This is demonstrably false.
A case which received no attention in the national media has numerous similarities to the Kyle Rittenhouse case. Davion L. Jones was found not guilty in a jury trial.
The events of the case happened on March 28, 2020, in LaPorte, Indiana. The events of the Rittenhouse case happened on August 25, 2020, in Kenosha, Wisconsin.
Davion L. Jones, 21, of Chesterton, Indiana, traveled to a different town and was approached by a hostile crowd. Davion fired several shots, killing one white man and wounding a black man.
Davion drove to the LaPort County Sheriff's Department and turned himself in. Police found a .40 caliber Glock with a 50 round magazine in the car.
Chesterton is in Indiana. It is south and east of Chicago about the same distance that Antioch, where Kyle Rittenhouse resided, is north and west of Chicago.
Chesterton is about 17 miles from LaPort.
Antioch, Kyle Rittenhouse' home was about 15 miles from Kenosha.
Juries in both cases found the shooters to have acted in self defense.
Jones was held on a 15,000 dollar bond. He was charged with reckless homicide. From hometownnews.com:
Christopher wanted to pick up his girlfriend’s daughter because she was being harassed by a group of individuals, according to courtroom testimony.
When they pulled up, the evidence shows Christopher stepped out of the car and was surrounded.
The defendant stayed in the car and said a man approached him with a gun.
He says the man, Stanley Henderson, pointed the gun at him.
Fearing for his safety, Davion Jones told police he started firing with his eyes closed at Henderson who was shot multiple times.
The 21-year old Henderson survived.
One of the rounds hit Terusiak who was off in the distance a bit, authorities said.
Police say Terusiak died from a gunshot to the heart.
So far, Jones has not been charged with shooting with Henderson, claiming
that was self defense.
Jones of Chesterton was being held on $15,000 bond.
Jones said he was not initially aware if he had shot anyone. This correspondent has not seen any evidence that Terusiak was armed.
Tyler Terusiak from facebook, about 9 months before he was killed
Stanley Henderson's mother, Ruska Vraniskoski, started a GOFUNDME account for his recovery.
Over a year later, after a more complete investigation, a witness was found who said Henderson, the person Jones wounded with multiple shots, did not have a gun. The witness was reported to have been across the street, looking out from an upstairs window.
The charge was changed to murder and the bond was raised to $500,000, in July and August of 2021. From hometownnews.com:
Davion Jones was originally charged in La Porte Circuit Court with Level 5 felony reckless homicide. However, prosecutors on Friday upped the charge to murder. The 22-year old Chesterton man is charged with killing 20-year-old Tyler Terusiak last year in the 1400 block of Jefferson Ave.
Kyle Rittenhouse' bond was set at $2,000,000.
Both men turned themselves in to the authorities as soon as they could.
The Jones trial was held in November - December of 2021. Jones took the stand in his own defense, as did Kyle Rittenhouse at his trial.
On December 9th, Davion Jones was found not guilty by a jury of his peers, of all charges, within three weeks of the Rittenhouse verdict.
Kyle Rittenhouse shot and killed two white men and wounded one white man. All of the people he shot had pursued him and were attacking him while he was on foot, retreating. One of the men, Joseph Rosenbaum, was unarmed but had threatened to kill Kyle, pursued Kyle, and grabbed for his rifle.
The other man Kyle killed attacked Kyle with a skateboard and tried to take his rifle from Kyle.
The third man Kyle shot, Gaige Grosskruetz, was pointing a pistol at Kyle when Kyle shot him.
Davion Jones, a black man, shot and wounded Stanley Henderson, who appears to be a black man. Davion shot and killed Tyler Terusiak, a white man, some distance away. Henderson and Terusiak appear to have been friends.
It appears no weapons were found on or near either Terusiak or Henderson. Henderson was approaching Jones while Jones sat in a car.
Both cases had uncooperative witnesses.
Both Rittenhouse and Jones fired multiple shots.
Rittenhouse did not hit anyone he did not intend to hit. Jones claimed he did not intend to hit Terusiak.
There are hundreds of hours of video involving Rittenhouse the video was shown extensively in court. There may have been one video of the Davion Jones incident. It is unknown if it were shown in court.
The incidents occurred in two different Midwest states, Wisconsin and Indiana.
Jones had much lower bond than Rittenhouse.
Jones faced charges, but no weapons charges. The murder charge against Jones was levied 8 months after the shooting, after considerable investigation.
The murder charges against Rittenhouse were levied within 36 hours, with little investigation. The charges against Rittenhouse included unfounded weapons charges.
Both Jones and Rittenhouse faced what may have been considered hostile crowds. Rittenhouse was actively pursued. Henderson approached the car Jones was in.
Rittenhouse was legally and openly carrying a Smith & Wesson MP15 rifle with a 30 round magazine. Jones had a Glock pistol with a 50 round magazine in the car. It was probably not visible to the people outside.
It was not reported if Jones had an Indiana handgun license. It seems likely he did. He was not charged with the illegal possession of a handgun.
Both men, one white, one black, were found not guilty of all counts in Jury trials.
While there are similarities and differences, the differences in treatment by the authorities appear to be in Jones favor, not in Kyle Rittenhouse's favor. There is no evidence Terusiak was a threat to Davion L. Jones.
A black man can kill an unarmed white man and be found not guilty in a jury trial.
It happened in Indiana, not far in distance or time from the Kyle Rittenhouse case in Wisconsin.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
WA: Ryan Leenders not Guilty in Shooting Death of William Harper
EVERETT — Ryan Leenders collapsed and wept in the arms of his defense attorneys Thursday as the verdict in his murder trial was read aloud.
Not guilty of first-degree murder.
Not guilty of second-degree murder.
Not guilty of first-degree assault.
It took a jury of five women and seven men less than two days to acquit Leenders, 36, of all charges related to the deadly shooting of William Harper, 28, who was a guest at a party in 2020.
Leenders walked out of the courtroom a free man, two days before Christmas.
IL: State Sen. Lightfoot's Husband Exchanged Gunfire with Carjackers
State Sen. Kimberly Lightford’s husband had a gun and exchanged shots with at least one of the suspects when the couple was carjacked earlier this week in suburban Broadview, authorities disclosed on Thursday.
Lightford, the Senate majority leader and the second highest-ranking senator in the General Assembly, was in a vehicle with her husband, Eric McKennie, when they were carjacked at about 9:45 p.m. Tuesday. The couple was in the near west suburb to drop off a friend, police have said.
At some point after Lightford and McKennie were ordered out of their black Mercedes SUV, there was an exchange of gunfire between McKennie and at least one of the carjackers, Broadview police Chief Thomas Mills said Thursday.
Mills said McKennie is a concealed carry license holder.
Pa: Justin Rittacco Acquited in Jury Trial
SOUTH UNION TOWNSHIP (KDKA) – A suspect in a road rage incident that ended in shots fired was on trial this past week.
Jurors acquitted Justin Rittacco in the killing of Robert Lukehart in May 2020.
Friday, December 24, 2021
PA: Elderly Adams County Man Fataly Shoots Naked Intruder
An elderly man fatally shot a naked intruder who entered his Adams County home and assaulted him and his wife on Wednesday, state police said.
State police identified the intruder as 54-year-old Steven David Shaffer, who was declared dead at the scene. He lived nearby the couple, but they did not know him, Lt. Mark Maygar said during a news conference.
NY: Syracuse Men Shoot, Kill Quentin Harrison Jr. in Self Defense
Around 1:30 p.m. April 28, Quentin Harrison Jr. was shot multiple times in the 1400 block of Midland Avenue, police said.
Harrison was attempting to rob a group of three men when he was fatally shot, Fitzpatrick said this week..
A neighbor in the area walked outside her home after hearing the gunshots, she said. She saw a man – who appeared to have been shot multiple times – stagger and fall to the ground.
The three men, who Harrison attempted to rob, were cleared of the homicide after it was ruled they acted in self-defense, Fitzpatrick said.
Thursday, December 23, 2021
Protect Due Process and Presumption of Innocence for the Parents of Michigan School Shooter
As this correspondent reads accounts of the latest media inspired school shooting, there was an obvious theme: blame the parents. Convict them before any evidence is presented in court. Indict them with crimes seldom used in such circumstances. Declare they are fugitives in a "manhunt".
This is all depressingly familiar. The media smells gun control blood in the water. They launch a narrative: all is the fault of the parents. The narrative advances their political agenda and masks their own liability. The Constitutional rights of gun owners, especially of white gun owners, are not considered worthy of protecting. The mother, Jennifer Crumbley, even supported President Trump in 2016!
How dare she!
The Trump-support letter, supposedly a blog post written in November of 2016, is claimed by some to be a hoax. Is it? This correspondent does not know. Time will help clear the confusion.
This correspondent does not know all the details of what happened. No one does at this point. A narrative is being formed and pushed with little fact and little due process. The Michigan prosecutor has announced four counts of involuntary manslaughter charges for each parent, with very little investigation, and lots of publicity. The public is inflamed. The sheriff in the county says this is not the way things are usually done.
Calls for harsh punishment of the Crumbley parents is common on the Internet.
Involuntary manslaughter in Michigan appears to be very close to criminally negligent homicide, generally.
The theory appears to be that it was criminally negligent for the parents to have allowed the 15-year-old to have access to the pistol used, and/or perhaps, not to have taken him from school or to have searched his backpack after being shown a disturbing drawing asking for help and depicting guns, a bullet, and a person shot.
There seems to have been ample reasonable suspicion for the school officials to search the 15 -year-old students backpack. This is enhanced by the fact the parents insisted on leaving the 15-year-old in the school, creating more reason to search the backpack.
The parents knew the 15-year-old lived in their home. They knew they had firearms in their home, including the pistol which was used to murder.
They may or may not have believed it to be secured. There is no statistical evidence laws requiring guns to be secured from teenagers reduce crime.
The details are important. Those who want a disarmed public are using the incident to push for more laws. More laws are almost always the wrong response.
In these tragedies, there is an unfortunate tendency to rush to judgement. It is absolutely part of the rights of parents and the accused to not make statements without counsel being present.
I believe more facts will emerge. A wait of a week or a month is reasonable to allow some shakeout of facts. A trial is the ultimate arbiter, as was seen in the Rittenhouse case. We should be working to dampen trial by Media rather than exacerbating it.
A rush to judgement comes with a high risk of injustice.
Much has been made of the mother texting her son to "Don't do it" after the shooting. It could as easily have been a panicked cry to prevent suicide as anything else.
This mass murder is a terrible tragedy which came extremely close to being prevented, making it all the more forceful. If only.. if only..
There are more forces in play than the Constitutionally protected presence of firearms in our homes. Media contagion is real, and a strong, perhaps dominant thread in school mass murder. Teens in crises see a way to escape life in a manner which will immortalize them in the media.
The more people they kill, the more media attention they get. It is a horrible but obvious way to promote mass killing.
Could slightly different decisions by either the parents or the school have stopped this event before it started? It appears so. Does this rise to the level of negligent homicide? It is far too early to know.
We all need to back off, take a deep breath, and allow for due process and a measured investigation which respects the rights of all concerned.
Put yourself in the position of the parents of the child who killed several other students. It is a horrible position to be in, not withstanding the worse condition of the parents whose children were killed and wounded.
There is no evidence the parents of the murderer condoned or encouraged the killing of innocents. It is not illegal or immoral for parents to buy a teen a pistol and teach them to shoot it.
Parents have always been responsible, at least to some extent, for the conduct of minor children. This is a nightmare for the parents of the killer even as we acknowledge the greater loss of the parents of the victims.
When we feel our emotions rising; when we want to take direct and harsh action; it is the time to step back, call for due process and proper procedure, careful investigation, and measured thought.
To do less is to be controlled by those who use any "crises" to accomplish what they otherwise could not do.
Government by crises is bad government.
The narrative being pushed by the prosecutor and the Media may not be close to reality. We have been deceived several times in recent history. Consider Ferguson Missouri and the fake "hands up, don't shoot" narrative. Consider the attack on innocent George Zimmerman by Trayvon Martin. Consider the Media attempt at lynching Kyle Rittenhouse.
We have not heard the parents side of the story.
It is time to call for calm, legal and responsible investigation, and a cooling period to prevent emotional overreactions when careful thought and consideration is required.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
NM: Shooting Death of Adam Garcia Considered act of Self Defense
The incident left 36-year-old Adam Garcia dead.
Deputies responded around 10:30 a.m. to reports of gunfire in the 3200 block of Cypress Circle SW, near Atrisco and Central. Arriving deputies found Garcia shot and he was pronounced dead at the scene.
“At this time, Homicide and Violent Crime are investigating this incident as an act of self-defense,” Fuller said.
MN: Teen Carjacking Prevented by Armed Samaritan
Authorities say one of the defendants in temporary control of the vehicle attempted to flee, driving over the leg of one good Samaritan, and clipping him in the head with an open car door. The female owner of the vehicle was then dragged across a parking lot, entangled within her own seatbelt. Ultimately, theft was prevented when a stranger with a permit to carry brandished a firearm at the defendants, who left the vehicle, and fled the scene.
In both cases, a separate stolen SUV, manned by one of the defendants, was waiting in the wings.
Wednesday, December 22, 2021
IL: Evanston gun Turn-in "buyback" includes 8 air guns, Antiques
Guns turned in at the Evanston "buyback"
Gun turn in events, labeled with the Orwellian term "buyback" are making a small comeback in the United States. Most of them are occurring in states where private sales are not allowed by law. They are not occurring in states which require the valuable property to be sold for the public's benefit.
Illinois has a version of the law which requires private sales to go through the state web site, identify the purchaser of the firearms with a Firearms Owner IDentification (FOID), and be assigned an approval number. This eliminates privacy from private sales. It becomes unworkable for private purchasers to buy guns legally at the gun turn-in events.
At the Evjanston, Illinois event, 53 guns were turned in on December 4, 2021. From wgntv.com:
EVANSTON, Ill. — Evanston police held a gun buyback event on Saturday, just days after a shooting left four people wounded and one dead.
“It gets the guns off the street. Whether it’s one gun or five, today we had 53. It gets the guns off the street,” interim police chief Aretha Barnes said.
Today, citizens were given $100 for each gun and $25 for ammunition. The gun buyback began nine years ago.
“I’m a lifetime 5th Ward Evanston resident and I was concerned about the gun violence I was experiencing in the neighborhood, so I was planning to do a gun buyback,” organizer Carolyn Murray said.
The best academic study of these events shows they do not reduce homicide, gun crimes, or suicide. There is a small but statistically significant increase in crimes committed with guns in the two months after the event.
These events are propaganda, street theater, virtue signaling; they are symbolic not pragmatic.
They are meant to send the message: Guns are bad. Turn them in to the Police.
Eight of the 53 guns shown as turned in at the Evanston event were BB guns, CO2 guns or spring powered air guns. Presumably the people who turned them in received $100 for each of them.
Private purchasers at gun turn-in events eliminate the propaganda value of these events. They show the opposite message:
Guns are good. We pay cash.
Private purchasers buy the guns which are worth more than what the organizers of the event are willing to pay. It is a way for ignorant owners of guns, who want them out of their house, to get a closer approximation of what the gun is worth.
An original military stocked 1903 Springfield rifle may have been turned in at the event (upper right corner). It could be worth several hundred dollars to a collector. Several other firearms worth hundreds of dollars each were turned in. They include what appear to be Glock handguns, a Remington model 11 shotgun, a pair of antique 7-shot .22 revolvers, a near-new .22 lever action rifle, and others.
If the motive of the organizers were to "get guns off the street", they would welcome private purchasers. Private purchasers would stretch their money, moving guns from unwanted hands into the hands of responsible owners.
There was no indication of private buyers at the Evanston event. It appears the Illinois law worked to prevent private sales.
Ideally, the organizers of these events would sell the guns they obtain in ordinary commercial channels, then use the money to buy more guns from people who do not want them.
Moving guns from unwanted hands into responsible hands is not the intent. Destruction of the valuable property appears to meet an emotional need. Organizers want to shift responsibility for bad events from people to inanimate objects.
When faced with the option of selling the guns or not having a turn-in "buyback" event, organizers choose not to have the event.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
PA: Domestic Defense, Philadelphia Woman Shoots Boyfriend
The man was pronounced dead at the scene at 8:21 p.m.
Police said the shooter was the man’s 43-year-old girlfriend who
lived with him inside the house. The woman had bruises on her face and
was assaulted by her boyfriend prior to the shooting, according to
investigators. Police said the woman may have shot and killed her
boyfriend in self-defense. The woman fired at least five shots,
according to investigators.
WI: Mother Mauled by Family Dog, Dies Saving Son
“We don't know how long she was in there fighting him off," Shannon said. "Shane got home to find her lying on the bathroom floor. She said, ‘I have no arms and I'm dying.'"
Shane told officers he grabbed the dog and pulled it outside, grabbed a pistol and shot the dog, according to the police report. Shane was bit by the dog, as well.
When officers arrived shortly before 3 p.m., they found Heather on the bathroom floor, struggling to breath and unable to speak. Damion was sitting in a chair in the living room with a severe injury to his leg, the report said. The dog was dead.
Tuesday, December 21, 2021
CA: Newsome Threatens to Use Texas Abortion Law Template Against Second Amendment
Governor Newsom, 2019, wikimedia commons
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On November 1, 2021, the Supreme Court of the United States (SCOTUS), in an unusual move, granted certiorari (agreed to hear the arguments) before judgement in a case challenging the new Texas abortion law, known as S.B. 8. On December 10, extremely fast for SCOTUS, they delivered an opinion.
The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.
in the opinion, SCOTUS said neither the Constitutionality of the Texas law, or the wisdom of the law as a matter of public policy, is under review of the court. In a mild rebuke to Justice Sotomayor, the opinion reminds her the abortion law does not deserve special treatment above that for named fundamental, Constitutional rights.
The Court has consistently applied these requirements whether the challenged law in question is said to chill the free exercise of religion, the freedom of speech, the right to bear arms, or any other right. The petitioners are not entitled to a special exemption.
It is clear the Texas enforcement mechanism used to prevent abortions after a fetal heartbeat is detected is new and unusual. It is clear the law will come before SCOTUS. It is not clear what the outcome will be. From this opinion, it seems obvious four justices, Roberts, Breyer, Sotomayor, and Kagan, will go to great lengths to uphold abortion as a Constitutional right.
Governor Newsom of California has used the controversy as a platform to threaten Second Amendment rights. from abc7news.com:
SAN FRANCISCO (KGO) -- Governor Newsom explained why he's pushing for a new "gun control measure" in California Sunday, inspired by Texas' latest abortion law.
Newsom announced Saturday he is introducing a bill that would allow private citizens to sue makers and distributors of assault rifles and ghost guns.This is in response to the Supreme Court upholding a Texas law, which allows private citizens to sue abortion providers.
At an event Sunday, Newsom told ABC7 he will use the same strategy to go after the gun industry.
The bill was not available as of this writing, so it is unclear how such legislation might play out in court.
Much depends on how the Supreme Court rules this term.
The
SCOTUS (Supreme Court of the United States) acknowledged there
were numerous novel legal theories in the Texas law they needed to
consider. It is possible they could find the Texas law unconstitutional after more conventional proceedings. The Court has agreed to hear a Mississippi law banning abortions after 15 weeks. The court may issue an opinion on the Mississippi case before the Texas case, which may render the Texas case moot.
This term, SCOTUS is expected to issue an opinion on the upcoming NYR&PA
case on the Second Amendment right to bear arms outside the home. It will be ruled on in late June, most
likely. It may give clarity to what level of scrutiny is appropriate in
Second Amendment cases. At present, several circuits are openly
defying the Heller and McDonald decisions.
If
the potential originalist and texualist Supreme Court majority holds
(Roberts is squishy), Second Amendment rights will continue to be enforced and
restored.
The result of Newsome's threats will depend on how the Texas abortion law is interpreted by SCOTUS, and if SCOTUS upholds the previous decisions which created a Constitutional right to an abortion without any federal law or precedent.
It is a grand-standing move by Newsome. It grabs headlines, but does little. Such
a law might be upheld by the Ninth Circuit, but would have a significant chance of being
overturned by SCOTUS, if SCOTUS continues to enforce and restore Second Amendment rights.
The Second Amendment has a sound grounding in originalism and textualism. Roe v. Wade has none. 44 states protect the right to keep and bear arms to some extent in their state constitutions. In 2022, Iowa is posed to increase that number to 45. California is one of the few states which have no state Constitutional protection for the right to keep and bear arms. It may be one of the first to explicitly add a protection for abortion to its law and/or constitution.
Analysis:
Refusing
to enforce the Second Amendment and the creation of an abortion right
in Roe v. Wade are extremely popular in the Media, the deep state, and among Progressives (Media/Tech Oligarch/Left).
There is little widespread support for those positions in the national
population. There is intense support for protecting Second Amendment rights; there is intense support for overturning Roe v. Wade.
The ability of the Media/Tech Oligarch/Left to control the narrative on either issue appears to be fading with fading Media/Tech Oligarch/Left power to control the flow of information.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Gun Watch
CA: Domestic Defense, New Boyfriend Shoots, Kills Ex-Boyfriend
A man shot and killed his girlfriend’s ex-boyfriend after a second break-in at her house on Friday, Dec. 17, Garden Grove police said.
At around 11 a.m. officers responded to reports of shots fired in the 11900 block of Sycamore Lane in Sycamore Walk, a small, gated community of two-story houses along Garden Grove Boulevard near Harbor Boulevard.
They found a man face down on the staircase with gunshot wounds who died of his injuries. He later was identified by police as Jeffrey Gomes, 46, of Garden Grove, the girlfriend’s ex-boyfriend.
An initial investigation revealed the ex-boyfriend had forced his way into the house for a second time and was heading upstairs when the current boyfriend fired several rounds, according to police.
GA: North Atlanta Shooting was Self Defense
Investigators said one person is dead following the shooting Monday along Westlake Avenue NW. The homeowner is not facing charges at this time.
An officer confirmed to Channel 2′s Richard Elliot that a resident saw someone in their carport, and then shot and killed them.
Monday, December 20, 2021
OH: Constitutional Carry (SB215) Clears Senate
Ohio HB227 passed the Ohio House, 60 to 32, on November 23, 2021. Now, less than a month later, on December 15, the Senate passed a very similar bill. SB 215. From cleveland.com:
COLUMBUS, Ohio — The Ohio Senate could vote as soon as Wednesday on legislation to allow people to carry a concealed handgun without a permit and no longer require them to notify law enforcement during proactively traffic stops that they’re armed.
Senate Bill 215 cleared a Senate committee on Tuesday after hours of testimony, mostly in opposition to the measure. The Republican-sponsored bill comes after the Ohio House passed similar legislation last month; should SB215 pass the Senate, it remains to be seen whether lawmakers would decide to send that bill or the House bill to Gov. Mike DeWine’s desk.
The Senate Constitutional Carry bill passed the Senate on December 15, 2021, 23 to 8, according to Buckeye Firearms.
There are now two different bills which have passed. HB 227 in the House and SB 215 in the Senate.
Both laws restore the ability to carry a handgun loaded without a government permit, for most people over the age of 21.
SB 215 applies only to handguns, but knives are not considered to be deadly weapons unless they are actually used as deadly weapons, in Ohio, as of April 2021. A knife law Preemption bill is on the way to the governor.
SB 215 eliminates the restriction on carrying loaded firearms in vessels, for most people. So does HB 227, with a little different language.
SB 215 Creates immunity from tort action (civil lawsuit) with a pre-trial immunity hearing. Plaintiffs have to prove the force was *not* used in self-defense, defense of another or defense of the person's residence.
Here is a summation of the effects of SB 215:
To amend sections 1547.69, 2307.601, 2901.05,2901.09, 2923.12, 2923.121, 2923.122, 2923.123,2923.126, 2923.128, 2923.16, and 2953.37 and to enact section 2923.111 of the Revised Code regarding a concealed handgun licensee's duty to carry the license and notify a law enforcement officer if the licensee is carrying a concealed handgun, a right of a person age twenty-one or older and not legally prohibited from firearm possession to carry a concealed handgun in the same manner as if the person was a licensee, and a pretrial immunity hearing.
Here are the sections creating an a pre-trial immunity hearing for a criminal trial.
(2) A person accused of an offense that involved the person's use of force against another has a right to a pretrial immunity hearing, as described in division (B)(1) of this section, regarding a claim of immunity from criminal prosecution based on self-defense, defense of another, or defense of that person's residence.
(B)(1) A person is accused of an offense that involved the person's use of force against another who would like a pretrial immunity hearing as described in division(A)(2) of this section shall file a pretrial motion claiming that the person used the force in self-defense, defense of another, or defense of that person's residence. The filing of the motion establishes a prima facie claim of self-defense, defense of another, or defense of that person's residence. Upon the filing of motion, the court shall hold a pretrial immunity hearing and shall grant the motion and hold that the person used the force in self-defense, defense of another, or defense of that person's residence, unless the state proves by proof beyond a reasonable doubt that the person did not use the force in self-defense, defense of another, or defense of that person's residence, as the case maybe.
Both bills eliminate the requirement to inform police officers that you are armed. That portion of the law was abused in Connecticut, where a person with a pistol permit was assaulted because he informed officers he had the permit.
Both bills do much to restore the right to bear arms outside of the home. The bills have some variation in the manner they accomplish this objective. Either bill would be a significant restoration of rights. The legislature is likely to come up with a bill acceptable to both House and Senate. It could be either bill, or a compromise bill.
To see all of the details of both bills, interested readers can go to the links provided. It is difficult to be certain which bill would be better. There are many details in wording and amendments to other bills. On a quick read, SB 215 appears to provide more immunity; HB 227 appears to repeal more law.
The easiest route to passage is for one house to accept the other's bill, pass it, and send it on to the governor.
Ohio may become the sixth state to pass a Constitutional (permitless) carry bill in 2021.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
TX: Homeowner Shoots, Kills Woman Attempting to Break In
According to HPD, the homeowner was in the kitchen when he saw a couple
of suspicious people outside of his fence, so he grabbed his gun.
When he returned, one of the individuals was trying to push in the door.
Police say that's when the homeowner shot the woman multiple times, hitting her in the head.
The woman died at the scene. The second individual, a man in his 20s or 30s, is on the run.
Officials say the homeowner called police and is cooperating with the investigation.
TX: Self Defense Accident by Draw? Man Shoots Self in Knee
Police were called around midnight Friday to a home on Whitman Road near Interstate 35 on the Southwest Side.
Police said two men were arguing at another location when the victim said the other man opened fire on him. He said when he tried to pull out his own gun to protect himself, he accidentally shot himself in the knee.
The victim hopped in his car and drove to his home to call for help. He was taken to the hospital in stable condition.
Sunday, December 19, 2021
New York Post: Beverly Hills Residents admit Guns are Useful Tools
Beverly Hills Flag public domain
In a recent article in the New York Post, writer Michael Shellenberger found, with rising crime and violence in California, guns might be useful things in some situations. Situations other than hunting or target shooting. Situations involving defense of self, family, and home. From the article:
“I’ve always been anti-gun,” said Debbie Mizrahie of Beverly Hills. “But I am right now in the process of getting myself shooting lessons because I now understand that there may be a need for me to know how to defend myself and my family. We’re living in fear.”
During Black Lives Matter protests last year, Mizrahie told The Post, her neighbor’s home was firebombed with Molotov cocktails.
“My kids were outside and they saw a huge explosion,” she said. “[The neighbor’s] backyard went up in smoke. Trees burned down … But it’s only gotten worse. Beverly Hills has been targeted.”
This has been the standard understanding of the utility of guns for 400 years, from about 1500 to about 1900. Guns increase the ability of individuals to project power, to be able to protect themselves, their families, their homes, their communities, and their nations.
Guns are effective weapons. Weapons have been integral to human existence in every notable culture. Weapons are the simplest, most obvious, and effective way in which humans rise above animals to the top of the food chain. Our weapons, created by our minds, grant us far more power than our size and muscles warrant. Combined with our ability to cooperate in large groups, they explain how we have dominated the planet.
When everyone has access to effective weapons, there is a rough natural parity of power. The power is limited to those who can effectively wield the weapons, or command those who do. There is an obvious reason people with political power want the people they rule to be unarmed. If the people who take their orders are the only ones with weapons, their rule is more secure.
When weapons depended on muscle power and skill, those with more muscles and time to develop more skill had the edge.
Guns, as they became less expensive, lighter, and more effective, narrowed the gap created with muscle and skill. Colonel Colt equalized the force available to large and small men, men and women.
The Second Amendment is based on the idea an armed majority can defend itself against an armed tyranny. From the Federalist No. 46:
Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.
The Republic was created, in part, to protect the rights of minorities against majority tyranny. The Second Amendment makes it possible for minorities to effectively defend themselves. The smallest minority is the individual.
In the United States, private weaponry was instrumental in the founding of the nation, and implicit in the philosophical basis of the founding. The Second Amendment was created to protect the right to be armed.
The lie Debbie Mizrahie seems to have swallowed was having guns was more dangerous than not having them. When violence threatened her and hers, the utility of arms became plain. Before violence became personal, she was willing to ignore the safety of people who lived in areas with more risk than her own.
Gun control is not popular where the dangers of violence are close and immediate. In democracies, restrictions on the ownership and use of weapons are created during times of peace and low crime rates, combined with a ruling class which does not trust the people. Those restrictions are seldom lifted. The utility of arms for defense of self, family, community, and nation are ignored or ridiculed.
Gun control is not popular without constant propaganda about the dangers of owning weapons. In democracies where the ruling class no longer trusts the people, those dangers are emphasized, especially for female voters.
In most traditional families, men were the ones with weapons skills and weapons. They protected their families. Men are and have been harder to sell the propaganda that being unarmed makes you safer.
As more and more women became single and single mothers, more and more women are realizing the utility of weapons for defense.
The founders were aware of the dangers of government control of the flow of information. It is why we have First Amendment protections of speech and the press. They did not foresee an ideology which would take over, consolidate, and create an oligopoly of information flow, dedicated to the destruction of the Republic, and a media so fast, global, and pervasive, it could swing elections to its liking and create a tyrannical alliance with like minded authoritarians in government.
An armed population needs leadership and means of communication to be effective against tyranny. Leadership is coming to the fore in some state governments; means of communication are being developed.
The question is: Will they be created fast enough, and be effective enough, to forestall the implementation of tyranny in the foreseeable future?
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
NC: Shooting Death of Trevor Swade Nunn was Justified
ACKSONVILLE, N.C. (WNCT) — District Attorney Ernie Lee said a shooting in Jacksonville that happened on Dec. 11, which killed a man, was justified under the self-defense law in North Carolina.
Officers with the Jacksonville Police Department responded to a shooting at 101 Summercreek Dr. on Dec. 11 at around 8:48 p.m. When they arrived, Trevor Swade Nunn, 26, of 401 Chestnut Rd. in Jacksonville had been shot and killed inside the home. Multiple people at the home were interviewed separately and, after several meetings between Lee’s office and members of the Jacksonville Police Department, it was determined the shooting was justified.
FL: Homeowner shoots Armed Intruder, Commended by Sheriff
Stillwell, according to the homeowner, used a flower pot to break the glass back door of the home before making his way inside. Once inside, the homeowner said he shot Stillwell three times with his legally owned gun.
Upon arrival, deputies said the homeowner gave them his gun and led them to Stillwell, who was on the floor of the living room.
Saturday, December 18, 2021
IN: Gunfight in Lawrence, Teen Robbery Suspect Wounded
A teenager was shot in Lawrence on Tuesday afternoon while he and two other people attempted to rob an employee of a pawnshop, according to the Lawrence Police Department.
The shooting occurred near the intersection of Pendleton Pike and Franklin Road after the pawnshop employee left the business to run an errand, said Deputy Chief Gary Woodruff of the Lawrence Police Department.
At least one of the alleged robbers had a gun. Gunfire was exchanged between the pawnshop employee and the alleged robbers, Woodruff said.
IL: Man with Concealed Carry License Saves Woman Attacked by Dogs
Two Rottweilers that were attacking a jogger in St. Charles are dead after the dogs’ owner and a man who intervened tried unsuccessfully to pull the animals off the woman until the man, who has a concealed carry license, fatally shot one of the dogs, according to the Kane County sheriff’s office.
The homeowner voluntarily had the second Rottweiler euthanized the day after the attack earlier this week, according to Ron Hain, the Kane County sheriff.
“It was a proactive stance by the dog owner, and I would say any responsible dog owner would do the same. I have four dogs and I think if any of them bit somebody we know that it would be the end of days for that dog,” Hain said Thursday.
NC: Domestic Defense, Mitchell Bradley Cobb Shot and Charged with Assault
Mitchell Bradley Cobb, 22, went to a Speedway gas station in Greenville after being shot multiple times.
Police said Cobb forced his way into the apartment, knocked over a pregnant woman and assaulted another woman in the 4400 block of Bostic Drive.
The District Attorney's house has deemed the shooting justified.
Friday, December 17, 2021
TX: David Wilson, who Shot and Killed Officer, Acquitted after Jury Trial
3306 Eagle Cove, Midland Texas
On March 5, 2019, Officer Nathan Heidelberg and another officer responded to an alarm call at about 1:16 a.m. The officers checked the back yard of the residence. They did not find a problem. The residence is a large single family home with outbuildings. Then the officers checked the front door. They found it was unlocked.
As Officer Heidelberg announced himself and attempted to enter the residence, the homeowner, David Charles Wilson fired at shot in the direction of the front door. The shot struck Officer Heidelberg. He was pronounced dead about an hour later.
The homeowner, David Charles Wilson, was inside the residence at this time and admitted to firing his handgun in the direction of Officer Heidelberg.
On May 2, 2019, a grand jury indicted David Wilson for the death of Officer Heidelberg. Here is the statement of Wilson's attorney, from ketk.com:
Wilson’s attorney later said Wilson was defending his home and mistook Heidelberg for an intruder.
In September of 2019, Wilson’s attorney filed a motion to quash the manslaughter indictment stating that the alarm system in Wilson’s home had malfunctioned and mistakenly alerted the police. According to that motion, Wilson was not aware that his alarm company had called the police and the malfunctioning alarm happened in the pool house, which is on a separate alarm system from the main house.
That motion went on to state that Heidelberg and another officer first checked the backyard, but the gate was locked. The officers then went to the front of the house where they tried the front door and found it to be unlocked. Once the officers opened the front door, a door alarm chimed, and, according to the brief, the chime woke Wilson’s wife, who then woke him and said she thought someone was in the house.
“Mr. and Mrs. Wilson can hear and see silhouettes outside with flashlights,” the brief said. “But they have no idea who is outside, what they are saying, or what they are doing. There were no red and blue police lights.”
Wilson’s attorney said the front door was opened by the officers twice, and that Wilson fired when the door was opened the second time.
Officer Victoria Allee was there, and had a body camera on. From newswest9.com:
Allee was also questioned by the prosecution and the defense. The witness testified that the two of them had initially checked the back door and found it locked before she suggested they check the front door.
According to Allee, she touched the handle of the front door and it opened, causing a voice alert about the door being opened to go off.
Heidelberg closed the door and the two called for backup, while Allee said she noticed someone inside the house.
Officer Heidelberg then announced himself, saying “Midland Police, come to the sound of my voice”. Moments later a shot is fired, hitting him in the chest.
This appears to be a case of considerable randomness in the Universe, all combining to create a tragedy. A malfunctioning alarm system an hour and a half after midnight, a door left unlocked, an officer who announced, but not loud enough to be clearly heard or understood, and a husband who thought he was protecting his home. The case went to trial in 2021.
The jury was not out for very long. From foxnews.com:
After about 90 minutes of deliberation, a jury agreed with defendant David Wilson’s claim of self-defense, believing Officer Nathan Heidelberg was a home intruder in the early hours of March 5, 2019, KOSA-TV of Odessa, Texas reported.
The world is not perfect. Bad things can happen to good people.
The jury appears to have understood that compounding more punishment on the Wilson family will not bring back Officer Heidelberg.
In the United States, officers must assume the owners/residents of a home are likely to be armed and willing to defend their domicile. Entering domiciles without clear announcement and legal notice to the owners/residents is an invitation for them to open fire. Tragic occurrences such as happened to Officer Heidelberg, are bound to happen, especially in the wee hours of the morning, when people are wakened from sleep, and most suspicious of home intruders.
The ability to defend your home is part of the core of the Second Amendment. Defense of self, home, community, and nation are all reasons included in the purposes of the Second Amendment.
One reason, the ability to form well regulated militias, is mentioned in the present participle of the sentence. It does not restrict the right of the people to keep and bear arms, it merely mentions one use of the right.
Just because a person is a law enforcement/peace officer does not grant them immunity from mistakes or from bullets.
This case did not involve any violation of Constitutional rights, prior to the shooting.
It does not appear anything anyone did in this case was illegal or evil.
What happened seems to have been reasonably clear to the jury.
It appears the universe conspired against Officer Nathan Heidelberg. He and other officers' mistakes contributed to the horrible events. He did not deserve to be killed. His death was tragic.
What happened to the Wilson family is clear. They were punished by the prosecutor and the process.
It appears David Wilson was charged and brought to trial, only because Officer Heidelberg was a police officer. It seems highly unlikely if the people at the door had been someone else, perhaps neighbors, or relatives, that David Wilson would have been charged.
David Wilson and his family did not deserve to have to spend tens of thousands, perhaps hundreds of thousands of dollars for his defense, and go through the deep legal uncertainty of prosecution and trial.
There is a lesson for other officers. Officers must clearly announce themselves to people in a residence before attempting entry. It is the correct thing to do.
There is a lesson for home defenders as well.
Do not shoot wildly at someone in a doorway, when you do not know what is going on.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
FL: Followup Two Men and a Woman Sentenced in Felony Murder Case
Court filings show Kerry Philyaw, 37, Phillip Gray, 35, and Chase Orvis, 27, of Palm Beach County, were accused of approaching three men at the Cypress Bay Mobile Home Park in northern St. Lucie County in a robbery incident.
Fort Pierce suspect charged: Second arrest made in fatal St. Lucie County robbery
After being beaten, one of the victims pulled a handgun and fired several shots. Orvis was struck by gunfire and died, while Gray, who was also shot, survived. Philyaw, fled the scene.
Logan Fulford, 26, who White said drove the three men to the robbery scene and later picked them up, surrendered to authorities several days later.
TX: Grand Prarie Employee Charged with Murder in Death of Fleeing Thief
Investigators said 22-year-old Dorian Medina was driving away when the employee, Price Mackey, shot him in the 700 block of West of Jefferson Street, near Southwest Sixth Street. Medina was pronounced dead at the scene after officers arrived about 2:30 p.m.
Police did not provide information about the business or what was stolen but described the theft as a misdemeanor.
TX: Domestic Defense Houston Woman Shoots Ex who Attacked Her
"He decided today, I guess out of jealousy, he took a concrete paver, he bashed in the back door patio window," Lt. R. Willkens said. It was a door with a lot of glass on it. He busted it and went into the apartment."
Investigators said once inside, he chased after his ex-girlfriend, and that's when she grabbed a pistol and opened fire.
He was shot twice in the legs and once in the stomach, according to police.
The man ran back through the door he broke and was later found collapsed nearby, police said. He was taken to the hospital and is expected to survive.
Thursday, December 16, 2021
2021 Dick Heller Second Amendment Lawsuit Against the District of Columbia
On September 8, 2021, Dick Anthony Heller, his associates and attorneys, filed a lawsuit against the District of Columbia for their infringements on Second Amendment rights by banning the individual manufacture of firearms. It has a good chance of restoring some Second Amendment rights, because the District of Columbia has been very hostile to the Second Amendment since it was given a large amount of self rule in 1976. From the lawsuit:
After gaining home rule from the United States Congress in 1976, the District of Columbia’s elected officials have adhered to a policy of self government for me, but no self defense for thee. Indeed, the District is notorious for its antipathy to the right to keep and bear arms guaranteed to the people of the United States by the Second Amendment to the Constitution. From the outset of home rule, the District enacted wide ranging restrictions on firearms. See D.C. Law 1-85, Firearms Control Regulations Act of 1975 (effective September 24,1976). However, successive court decisions have steadily struck down District laws which infringe the right to keep and bear arms. Today, the District, unrepentant and reckless, continues to pass laws violating the Second Amendment. Often the District’s actions rest on utterly false application of basic concepts in firearms technology and regulation well established under Federal law. If the situation continues, District law would deny the people the means to exercise their Second Amendment rights and unintentionally outlaw existing firearms lawfully in the hands of both the people and the police.
The lawsuit quickly gets to the meat of the matter. The District of Columbia bans all manufacture of firearms, and only allows the loading of ammunition for oneself, for registered firearms. From the lawsuit:
§ 72504.01. Manufacture of firearms, destructive devices or ammunition prohibited; requirement for dealer license.
(a) No person or organization shall manufacture any firearm, destructive device or parts thereof, or ammunition, within the District; provided, that persons holding registration certificates may engage in hand loading, reloading, or custom loading ammunition for his registered firearms; provided further, that such person may not hand load, reload, or custom load ammunition for others.
The District of Columbia has completely banned the manufacture of guns or gun parts in the area under its control. The ban is total. According to the District of Columbia law, no one can legally make any firearm, or any part of a firearm, within the District of Columbia. It appears to be illegal to make a set of stocks for your existing pistol; to make a replacement sight; perhaps to even make a sling from a pair of shoelaces. All of these things are easily done with the simplest of tools. All have been legal to do in the history of the Republic since colonial days. From the lawsuit:
The District, knowing full well where the battle lines lay, recently supplemented its ban on making a gun, by prohibiting even the import and possession of parts necessary for the manufacture of a firearm by outlawing what it pejoratively calls “Ghost Guns". Never missing an opportunity for erroneously defining firearms terminology, District legislation in question is so poorly thought out and written that the City Council has managed to criminalize the possession of a vast array of popular, common handguns that it regularly allows residents to register, including the very handgun it issues to its police officers. Accordingly, this socalled “Ghost Gun” prohibition is hopelessly flawed and must be found invalid under the Second and Fifth Amendments.
The lawsuit lays out convincing and incontrovertible evidence the making of guns by single individuals was common in the early republic. Bans on the making of guns have been unknown. Thus, the District ban on making guns is a significant infringement on the Right to Keep and Bear arms, which is not a "long standing" limitation.
The lawsuit convincingly takes apart the District of Columbia's silly objections to the manufacture of firearms, one by one.
The District of Columbia offers bizarre interpretations of its law. They are not convincing. From the plaintiffs response
a. DC Code § 72504.01 does not allow Mr. Heller to manufacture a fire arm violation of the Second Amendment.
DC commences its defense of DC Code § 72504.01(a), the manufacturing ban, by claiming the statute does not apply to Mr. Heller’s self manufacture of a firearm. According to the District, that law only applies to commercial manufacture of a firearm. Doc. 8 at 15. DC argues the term manufacture is inherently commercial. Id. It cites two dictionary definitions of the word it claims imply the commercial nature of the word with specific emphasis on the words “wares” and “labor” as contained in thosethe context of the prohibition connotes commercial activity. Id. at 16.
DC’s argument is unavailing. DC is correct that the starting point for examining the meaning of the statute is its text. Id. at 15, citing City of Clarksville v. FERC, 888 F.3d 477, 482 (D.C. Cir. 2018). Reference to the full text of DC Code § 72504.01(a) shows an intent to prohibit all manufacturing of guns, not just commercial manufacture. The statute reads:
No person or organization shall manufacture any firearm, destructive device or parts thereof, or ammunition, within the District provided, that persons holding registration certificates may engage in hand loading, reloading, or custom loading ammunition for his registered firearms; provided further, that such person may not hand load, reload, or custom load ammunition for others.
After several more well argued blows to the District of Columbia's attempt to justify its ban, the Heller brief sums up thusly:
V. Conclusion.
Plaintiffs have met the requirements for grant of a preliminary injunction. They have shown the likelihood of success on the merits, that they suffer irreparable injury, that the balance of harms favors an injunction and that an injunction is in the public interest. Plaintiff’s request the court to enter the requested preliminary injunction.
This latest brief was filed on November 18, 2021. It seems likely this lawsuit will establish that Second Amendment rights include the right to make weapons, including guns, at least those which are "in common use".
It is a fairly clear case. The ban is absolute. The Second Amendment does not allow an absolute ban. The first step is to establish an absolute ban is not allowed in a court decision. Then, various infringements can be challenged and removed.
It appears to this correspondent the requirement for a serial number is very recent, and infringes on Second Amendment rights.
Dick Heller, his associates and attorneys chose not to address the issue in this lawsuit. It is a tactical decision. Courts have shown themselves to be willing to restore Second Amendment rights incrementally rather than all at once.
The arguments put forward by the District of Columbia are the usual sort seen in these debates: The government needs this power, because: safety. They do not show any proof of the safety claim. It is possible this case will become another landmark case in incrementally restoring full Second Amendment rights.
Even though the courts are unwilling to restore Second Amendment rights all at once, at least some courts seem willing to do so cautiously and incrementally, little by little. This is the path which was followed in the protection of First Amendment rights, as they were incorporated under the Fourteenth Amendment after 1920.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
VA: Fairfax Resident Holds Armed Burglary Suspect at Gunpoint for Police
A Virginia burglary
suspect armed with a knife was arrested Sunday after an armed resident
held the intruder at gunpoint until authorities could arrive.
Jonah
Smith, 47, was arrested and charged with burglary with a weapon and
attempted malicious wounding over a Dec. 12 incident that happened
before 8:22 a.m. in the 10600 block of Railroad Court in Fairfax,
Virginia.
NC: Tobacco & Vape Store Employee Shoots, Kills 1 of 3 Robbery Suspects
According to police, a store employee shot one of the robbery suspects during the robbery. The person who was shot died from their injuries.
The deceased has been identified as Gabriel Malachi Kalu, 17, of Greensboro.
Wednesday, December 15, 2021
CA: Man Resists, Uses Robber's Gun to Shoot 1 of 3 Suspects
A man allegedly confronted at gunpoint by three robbers near USC fought back, shooting and killing one of them early Saturday, police said.
The three armed men, all in their 20s, got out of a vehicle in the 1300 block of West 35th Street, west of USC, and approached the other man and attempted to rob him, said Los Angeles Police Department spokesperson Norma Eisenman.
But the man resisted and an altercation ensued. When one of the would-be robbers dropped his handgun, the man picked it up and shot him, police said.
CA: In Contra Costa, Armed Californian Shoots Armed Robbery Suspect
SAN PABLO, Calif. -- An off-duty law enforcement officer fatally shot a 29-year-old Richmond man who was allegedly trying to rob a fast-food restaurant near San Pablo on Sunday, Contra Costa County sheriff's officials said.
Amanuel Moreno was reportedly trying to hold up a restaurant cashier at gunpoint, at Nation's Giant Hamburgers, about 11:30 a.m. when he was shot by the off-duty officer, authorities said Monday.
TX: Harris County Woman Shoots, Kills 1 of 3 Robbery Suspects
HARRIS COUNTY, Texas (KTRK) -- A woman shot and killed a robbery suspect
in a Mission Bend neighborhood early Sunday morning, deputies said.
According
to the Harris County Sheriff's Office, the woman was approached by
three men who attempted to rob her around 4:30 a.m. in her driveway in
the 5500 block of Fair Elm Court.
IL: More on Chicago Shooting by 54-Year-Old with CCW and FOID card
Shortly after 5 p.m., police say the 54-year-old was leaving the grocery store in the 5300 block of S. Pulaski Rd. in the West Elsdon neighborhood when he became involved in a "physical altercation" with the 32-year-old.
The older man then pulled out a gun and shot the younger man in the head in the parking lot of the Jewel-Osco, according to police.
The 32-year-old was transported to Christ Hospital in serious condition, police said. The 54-year-old sustained an injury to his right hand and was transported to Holy Cross in good condition.
Tuesday, December 14, 2021
November NICS Gun Sales make 2021 Second Highest Year on Record
2021 has become the second highest year for firearm sales after the record set in 2020.
In November of 2021, there were about 1.51 million firearm sales conducted through the National Instant background Check System (NICS) and 2.69 million NICS checks. November of 2021 was the third highest November for gun sales and total NICS background checks since NICS was started in 1998.
There were about .758 million checks for handguns, .629 million checks for long guns, almost 55 thousand checks for "other" which might be handguns, long guns, or simple firearms, and often applies to receivers which have not yet been assembled into working firearms, and about 27 thousand checks which were for multiple firearms.
In the estimation of the number of firearms sold, background checks for multiple items are multiplied by 2.5 to obtain an approximate number for sales.
From this correspondent's subjective experience, reading and watching of markets, it appears some firearms are becoming available; some ammunition is coming back into stores, some prices are dropping for some items. This indicates we are approaching rough parity in supply and demand for firearms and ammunition.
November and December are traditionally very high months for firearm sales. There have been about 16.7 million firearms sold through the NICS system in 2021 through the end of November. That is a bit more than the about 16.3 million firearms sold in 2016, which was the second highest year until now.
The trend is moderating. This correspondent expects the gun sales in December to be between 1.5 and 2 million firearms. The total for 2021 will be over 18 million firearms.
With 18 million firearms sold in 2021, the total stock of private firearms in the United States will have grown to approximately 481 million. This estimate is calculated with the method pioneered by Newton and Zimring. It was extended by Gary Kleck in “Point Blank: Guns and Violence in America”. The number is the cumulative addition of domestic manufacture, with the addition of imports and the subtraction of exports.
The NICS checks are used to estimate the numbers in the current year. It is about a year and a half before the ATF numbers for manufacturing are released. The import/export data comes out after about a year.
The demand for guns and ammunition has fallen just as the popularity of the Biden administration has fallen, along with falling trust in pandemic solutions and trust in government institutions such as the CDC, FBI, CIA, the Congress, the Media, Police, and the Justice system.
The demand for firearms and ammunition seems to be falling as the possibility of a Republican capture of one or both houses of Congress in 2022 increases.
Speculation:
The demand for guns and ammunition is being driven by political uncertainty, rising crime rates, and increasing international uncertainty.
The enemies of the United States of America are enjoying significant satisfaction in seeing the increasing chaos in the United States.
In this correspondent's reading of history, the current situation is eerily similar to the late 1920s and early 1930s a century ago. There is a rising power (China vs Germany), a superpower weary of exerting power and uncertain of its moral justification (Pax Americana vs Pax Britannica), and rising technological and military innovation.
Uncertainty seems built into the near future.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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