NM: Shop Owner Shoots, Kills Burglar who Tunneled through Wall

A would-be burglar tunneling into a smoke shop was shot dead by the store's owner, who had taken to sleeping in the store to prevent break-ins, police said.

Albuquerque Police Department officers responded to a shooting call Saturday at around 4:30 a.m. and found the deceased burglar, KRQE News reported.

The owner of the store told KOB 4 News that there had been a previous break-in attempt before the store had even officially opened for business.

The owner said he was woken by a strange sound and found that the burglar had tunneled through the wall and began waving a large hammer and a chisel causing the owner to fear for his life, the outlet said.

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LA: Baton Rouge Resident Shoots, Kills Man who forced Entry

BATON ROUGE - Police said an intruder was shot and killed while forcibly entering a home off North Acadian Thruway Monday night. 

The Baton Rouge Police Department said someone was shot multiple times after forcing themselves into a home on Ontario Street near N. Acadian around 10 p.m. Monday. Officers later said that Lawrence Bajoie, 37, reportedly banged on the door multiple times before the resident opened the door. 

Bajoie allegedly charged the resident and hit him before the resident shot him multiple times. Police did not specify whether there was a connection between Bajoie and the resident. 

"They feared for their life, and I feel like it was what it was," said Herbert Treece, who lives nearby.

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Canada: Black Bear Attack, Bear Spray Fails Beloved Pet

 

Black Bear by Troy Nimitz

In Jasper National Park of Canada, in the Province of Alberta, a couple's beloved pet was taken by a black bear and killed in a predatory attack. Bear spray was used at very close range, directly into the bears face. Then the empty can of spray was used as an ineffective impact weapon. It did not work well. The predatory black bear took the dog into the woods and killed it without remorse or thought. A bear, when hungry, is not a friend to other animals. The other animals, including other bears, are just a source of meat. From ParksCanada (facebook):

Parks Canada has reopened a number of trails after a black bear killed a dog this weekend. Wabasso Lake Trail remains closed.

 

On Saturday, April 22, 2023, at 16:00, two visitors were hiking with two dogs on the Wabasso Lake Trail. The hikers were returning to the trailhead with the dogs running freely between the hikers. They noticed a black bear had approached them within a very close proximity on the trail. One of the dogs chased the bear off the trail a short distance before the bear quickly reversed the chase. The bear came back within a couple feet of one of the hikers where the second dog was standing and barking. The bear attacked this dog. One hiker sprayed bear spray into the bear’s face at close range. The bear did not release the dog and the hiker then used the bear spray can to punch the bear in the head multiple times. The bear still did not release the dog and carried it into the woods.

 

This close and aggressive approach by a large black bear is very concerning behaviour. The attack on the dog and subsequent caching of the carcass, indicates predatory behaviour. This behaviour is considered a threat to public safety and a risk to park visitors. Parks Canada human-wildlife conflict specialists located the bear and destroyed it on Sunday, April 23, 2023.

 The dog did what it was born to do. It alerted its master and made the threat apparent. The master had chosen a poor tool for defense against predatory black bears.  There has been research indicating that black bears rather quickly recover from being sprayed with bear spray. Virtually any handgun could have been used to stop the bear attack decisively.

 

Stephen Herrero, the noted bear researcher explained black bears often quickly overcome bear spray, in 2017:

“I don’t know why,” Stephen Herrero, the dean of bear research said Thursday evening, “but it showed up in the data.”

As in this case, Herrero said, the spray initially drove bears off,
but they came back. This is, however, the first time a fatality has been
associated with the failure of bear spray.

Perhaps Stephen Herrero did not know of Russian bear researcher Vitaly Nikolayenko, who was killed by a bear after employing bear spray, in 2003.

Mark Uptain was killed by a bear after using bear spray on September 14, 2018.

Daniel Schilling was killed by a bear after use of bear spray on July 29, 2020.

Stephanie Blais was killed by a bear when her husband used bear spray
in an attempt to drive off the bear. The bear spray failed, and the
husband had to retrieve a firearm to shoot and kill the bear, on August
21, 2020.

Carl Mock was killed by a bear after use of bear spray on April 15, 2021.

Leah Loman was killed by a bear after use of bear spray on July 6, 2021.

 

These are only the fatal bear spray failures.

 

Bear spray proponents claim bear spray did not fail, or that bear spray was employed too late to be effective. Bear spray on the fur of the bear which killed the person is a reasonably good indicator of the failure of bear spray. Bear spray has failed many times, where firearms were necessary to stop the bear. Bear spray works, sometimes, on bears which are not determined to attack or are in a predatory mode. Bear spray is not allowed as a defense against polar bears in Svalbard, Norway.

 

After exhaustive searches for incidents where handguns were fired in defense against bears, only one death was discovered. It happened in 1995 in  the Svalbard Archipelago.  A party of thirteen split appart. The party of five relied on a .22 caliber handgun for bear protection.

 

Cartridge handguns have been used as protection against bears for at least a hundred and thirty years. Bear spray has been used as a protection against bears for about 20 years.  One incident has been recorded where the use of a handgun was insufficient to prevent a human death. At least five incidents have occurred where the use of bear spray was insufficient to prevent a human death.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MD:

CROFTON, MD – A shooting incident occurred in Crofton yesterday, at around 1:30 a.m., when officers responded to reports of shots fired in the 900 block of Eastham Court. A victim observed three suspects attempting to break into a blue 2022 Dodge Charger Hellcat and confronted them with a personal firearm.

One of the suspects then pointed a handgun at the victim, who fired at the suspect and retreated back inside upon hearing more gunshots.

No injuries were reported, and no vehicles or buildings were struck by gunfire.

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DC Judge Contreras Holds Standard Capacity Magazines are "not in common use for Self Defense"

In the case of Hanson v. District of Columbia, in the District Court of the District of Columbia, on April 20, 2023, federal Judge Rudolf Contreras issued an opinion holding standard capacity magazines which hold more than ten rounds of ammunition are not protected under the rights which the Second Amendment was written to protect. Judge Contreras acknowledges magazines which hold more than ten rounds are in common use in the United States of America. Judge Contreras acknowledges magazines which hold more than ten rounds are arms as defined by the words of the Second Amendment.

Judge Rudolf Contreras goes to great lengths to determine magazines which hold more than ten rounds are *not * included under the rights  by the Second Amendment. The linguistic juggling to accomplish this difficult task is impressive, not to mention the stretching and twisting of logic.

From the opinion:

More importantly, Heller II recognized that whether LCMs are “in common use” is merely the beginning of the analysis. The full inquiry is “whether the prohibited weapons are ‘typically possessed . . . for lawful purposes.’” Heller II, 670 F.3d at 1260 (emphasis added) (quoting Heller, 554 U.S. at 625). On that critical question, Heller II expressed uncertainty: “based upon the record as it stands, we cannot be certain whether these weapons are commonly used or are useful specifically for self-defense[.]” Id. at 1261 (emphasis added). That is the question this Court must now resolve.

The simple and straightforward understanding of whether magazines with a capacity of over ten rounds are typically in common use for lawful purposes is clear. There are tens or hundreds of millions of such magazines in the United States. If they were typically possessed for unlawful purposes, the crime committed with them would be astronomical. But crime with them is not astronomical. The mere fact of common possession equates to common use. Judge Contreras is working very hard to limit the term "common use" to only those uses specifically documented on the record, for self defense.  From the opinion:

The District disagrees; it argues that LCMs are not in common use for self-defense for two reasons. First, it claims that LCMs’ military characteristics make them a poor fit for self-defense and take them outside the scope of the Second Amendment. Second, the District claims that law-abiding individuals do not use LCMs for self-defense because incidents where a civilian actually expends more than ten bullets in self-defense are “vanishingly rare.” Defs.’ Opp’n at 18. The Court agrees with the District on both arguments.

This is exactly the means-end type of argument which Bruen prohibits. The government is not allowed to decide whether a typical arm is useful for self-defense or not. If the arm is in common use for lawful purposes (not just self-defense), it is protected.

The other bizarre claim is arms which are useful for military purposes, such as use by a militia, are not protected under the Second Amendment. All scholars agree the Second Amendment protects arms which are to be used by a militia. The vast preponderance of scholarship is: one purpose of the Second Amendment is to preserve an armed population, which could bring their arms to service in a militia, when the need arises. Arguments which claim arms useful to a militia are explicitly excluded from protection by the Second Amendment are counterfactual to the text of the Amendment itself.

Opinion:

Judge Contreras may be working to clarify Bruen further, by prompting the Supreme Court to note magazines holding more than ten rounds are obviously useful in militias, for the common defense.  It seems unlikely. Judge Contreras is Heller II as precedent in the DC circuit, without considreing it to be overriden by the Bruen decision.

Judge Contreras fails to mention the opinion of  Judge Benitez in the Ninth Circuit.  Judge Benetiz considers AR15 rifles to be excellent militia arms. Militias, under the Second Amendment, are to be drawn from an armed population. Progressive judges and scholars have, for decades, declared the Second Amendment only protects use of arms in a militia. Now they declare military uses of arms are not protected by the Second Amendment. Progressive (leftist) ideology is never hindered by logic or facts. Only the political goals of the moment are considered important. Power over others is the singular consistent goal of progressive ideology.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MS: Self Defense? Shooting of Two Women on Facebook Live Video

According to Sheriff Willie March, 33-year-old Karissa Job and 24-year-old Tiateiyuna Day, were shot and killed Tuesday evening after Job and Day went to another woman's home.

March said Day and Job showed up at the home on Emory Road off Highway 19 to confront another woman.

March said the third woman, who lived at the home, shot them during a Facebook live video. According to March, the shooting could be self-defense since Day and Job allegedly confronted the third woman at her home.

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Arkansas Constitutional Carry Bill Strengthened and Passed Again, a Decade Later

In 2013, the Arkansas legislature passed, and a Democrat governor signed a bill which reformed Arkansas gun law. The bill created the same conditions as had existed in Vermont for 90 years: Constitutional Carry.  In  2023, the Arkansas legislature passed an obvious, clear, in your face, straight up Constitutional Carry bill, given the obvious success of the 2013 law.

In 2013, the AR legislature passed HB1700. Democrat Governor Mike Beebe immediately said he had no idea he was signing a Constitutional Carry bill.  Part of the reform, which went into effect on August 16, 2013, was a change in the definition of what was unlawful carrying of a weapon. The changes are underlined below:

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

The law in the United States defines what is not allowed. Anything which is not forbidden is allowed, unlike tyrannies, where only what is allowed is legal; and often, what is allowed is mandatory!

HB defined, as does Vermont law, that carrying a weapon is only illegal if the intent is to attempt to unlawfully use the weapon against another person. Defense of self and others has always been legal in the United States.

The Democrat Attorney General, McDaniel, issued an opinion the law did not mean what it said. This muddied the waters for a year and a half. In 2015, a Republican AG admitted the law meant what it said, and that is how it would be enforced.

In 2023, SB480 is a straight up Constitutional Carry bill to clarify what was a created controversy in 2013. In 2013, Arkansas was the fourth state to restore Constitutional Carry. In 2023, 25 states have Constitutional Carry, and Florida has just signed into law a permitless carry statute. Nebraska is half way to becoming a Constitutional Carry state, and South Carolina's Constitutional Carry bill has passed the House and is coming up for a Senate vote.

SB480 passed the Senate on April 3, 28 to 6. SB480 passed the House on April 6, 81 to 11. Constitutional Carry is no longer controversial in Arkansas. There was no "blood in the streets". Murder rates did not rise. Citizens exercising rights protected by the Second Amendment did not have dire consequences for the state.

The clarification provided by SB480 is simple and direct. From the bill:

(a) The purpose of this subchapter is solely to establish concealed carry licensing for the purpose of providing licensees reciprocity in other states that require a license to carry a concealed handgun in order to carry a concealed handgun.

(b) This subchapter does not require a person to obtain a license to carry a concealed handgun in order to carry a concealed handgun in this state.

SB480 has been delivered to Governor Sarah Huckabee Sanders (R), who is expected to sign the bill.

Constitutional or permitless carry is no longer considered controversial in over half of the United States. 26 states now have permitless carry. This amazing validation of rights protected by the Second Amendment has happened in a tidal wave of state legislation over the last 20 years, with most of it in the last decade.

The Supreme Court is not leading in enforcing rights protected by the Second Amendment. They are following the lead of the state legislatures.

 

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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AL: Domestic Defense, Brother Shoots EX Assaulting Sister

TUSCALOOSA, AL — The Tuscaloosa Violent Crimes Unit has provided further details, including the identity of a man killed in a fatal shooting Sunday at Aspen Village Apartment on Sunday. 

 "Giles had been in a previous relationship with the sister," Kennedy said. "It was reported that Giles had been physically abusive to her in the past ... The residents reported that during the day Saturday Giles made threats to come to the apartment. Giles later arrived at the apartment, broke down the door, entered, and began physically assaulting the sister. As this was occurring, her brother armed himself. The brother fired his weapon and Giles was struck, and did not survive."

 

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Review: The History of Bans on Types of Arms Before 1900, by David Kopel and Josepch Greenlee

The History of Bans on Types of Arms Before 1900, by David Kopel and Joseph Greenlee, Law review article, 165 pages, 2021.

The Supreme Court in the seminal Bruen decision, held: once the clear text of the Second Amendment is implicated, the burden falls on the government to prove there were widespread and accepted statutory restraints in history which are very similar to the restraints the government is defending.

The law review article by Kopel and Greenlee is the most comprehensive compilation of the laws on ownership and regulation of arms from medieval England through 1900, especially on weapons bans, yet seen by this correspondent. Those laws are of varying relevance to interpretation of the Second Amendment. The article is astonishingly comprehensive. From the introduction of the article: 

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.

In the early history section of the article, one startling fact revealed was the Royal Charter of King James  I, in 1606, granted to members of the Virginia Charter, perpetual rights to:

 bring “sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and other things necessary for the said Plantations and for their Use and Defence there.”

The rights were granted to all settlers of the Virginia colony.

The Charter of New England colonies were granted the same rights. The two charters covered all of what would become the original 13 colonies except for the middle region which contained New York, Pennsylvania, Vermont and New Jersey. Those colonies were originally part of New Netherland, and were conquered by England in 1664. 

Thus, most of the colonists in America had the right to arms before the right to arms was included in the English bill of rights, in 1689.

As part of the colonial history section, there is a well done glossary of terms  used to describe various arms during colonial times.

Starting on page 37 the article presents a well researched history of  repeating arms, including the Lorenzoni system and the Girondoni air rifle.

Starting on page 40, the article goes into wonderful detail about privately owned cannons.  From the article, about an American who was hauled into a British court on a charge of planning to arm a Canadian revolt. The British Navy had seized 20,000 muskets and 24 field pieces from him in a shipment from France to America.  Allen quote:

The freedom Americans always enjoyed to possess the arms of one’s choosing was reflected in Ira Allen’s defense when he was seized by British forces in 1796 while transporting 20,000 muskets and 24 “field pieces” (cannons and other artillery)from France to America. Allen said the arms were for Vermont’s militia, whereas the British suspected he planning to arm a Canadian revolt against the British. He was prosecuted in Britain’s Court of Admiralty. At trial, the idea of one individual possessing 20,000 arms was received with skepticism. Allen retorted that in America, “[a]rms and military stores are free merchandise, so that any who have property and choose to sport with it, may turn their gardens into parks of artillery, and their houses into arsenals, without danger to Government.”241  The arms were restored to Allen.  242

On page 46, the article explains the obvious reasons for the creation of the Second Amendment in the American Bill of Rights.

Naturally, after facing the threat of disarmament and thus certain destruction, America’s Founders were extremely protective of theright to arms. Before, during,and after the Revolution, no state banned any type of arm, ammunition, or accessory. Nor did the Continental Congress, the Articles of Confederation Congress, or the federal government created by the U.S. Constitution in 1787.247  Instead, the discussions about arms during the ratification of the Constitution and the Bill of Rights centered on ensuring that the people had enough firepower to resist a tyrannical government. There is no evidence that any of the Founders were concerned about individuals having too much firepower. After a long,grueling war against the world’s strongest military, limiting individuals’ capabilities was not a concern.

The article includes a very good history of firearms manufacture in the United States, and how it was encouraged and subsidized by the federal government.  The article examines, in detail what firearm bans were enacted up to 1900. P. 67 summation  of firearm bans in the 1800s:

In sum, the nineteenth century history of firearms bans is not helpful for justifying prohibitions on semiautomatic rifles. The only pre-1900 statutory precedent for such a law is Florida in 1893, and it is dubious. Before that, there were three prior sales prohibitions that covered many or most handguns. One of these was held to violate the Second Amendment, and the other two are plainly unconstitutional under Heller.Accordingly, renewed attention is being given to precedents involving Bowie knives, which we will examine next.

There are entire sections on the laws on Bowie knives, and on weapons which were not firearms or bladed weapons. The article notes throughout the historical period, military arms were more protected than non-military arms.

The article ends with a doctrinal analysis of the historical record as it applies to the Second Amendment through the Bruen decision.

This is an impressive, scholarly work. It will be referred to in cases involving the Second Amendment into the foreseeable future.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TN: Chattanooga Killing Claimed as Self Defense

A person is dead after a shooting during an attempted robbery on Saturday night in Chattanooga, according to police.

Officers were called at 8:58 p.m. and found a person dead from apparent gunshot wounds in the 100 block of West 41st Street, a news release states.

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TX: Austin Home Invader Shot, Killed

A Northeast Austin homeowner shot and killed a suspected intruder during an attempted break-in early Tuesday morning.

According to the Austin Police Department, at around 5:31 a.m., officers responded to a call in the 7600 block of Bethune Avenue, where a female resident reported a man attempting to break into her home through the door and a window. The caller then stated that the male suspect had entered the home, followed by the sound of gunshots.

Upon arrival at the scene, the APD officers and EMS medics found the male suspect dead. APD says the preliminary investigation indicates that the suspect was shot by one of the residents in self-defense.

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PA: Two of Four Home Invaders Shot

Four men were charged in an early morning home invasion in Bethlehem Township, the Northampton County district attorney’s office said.

Two of the men were shot by an occupant of the house, leaving one in critical condition, and a third remained at large Thursday afternoon.

According to a news release, Millito Delgado, 45, Michael Matas, 29, Francis Ferrando, 23, and Anthony Santiago, 29, entered the house on the 2000 block of Willow Park Road around 4 a.m. Thursday.

Three people were in the house, one of whom opened fire and hit Matas and Ferrando. Matas, hit seven times, was in critical but stable condition and is expected to survive. Ferrando was hit in the leg, the release said. They, along with Delgado, were in custody.

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FL followup: Wife found to be Justified in Shooting Death of Husband

According to a Facebook post by the Washington County Sheriff’s Office, the shooting that took place on January 3 around 3 a.m. has been ruled as a justifiable use of force.

The shooting took place at a home on Tiger Trail near Crystal Lake. The husband was shot and killed.

Deputies stated that the woman cooperated with investigators.

Sheriff Crews said his office worked closely with the state’s attorney’s office and the medical examiner’s office to review the circumstances and evidence in the case.

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Nebraska Legislature Passes Constitutional Carry!

On April 19, 2023, at 11:25 a.m., the Nebraska Legislature passed LB 77, the Constitutional Carry bill which Senator Tom Brewer has been diligently working to pass for years. The bill has to be signed by Nebraska Governor (R) Jim Pillen to become law. Governor Pillen has promised he will sign the bill.

LB77 incorporates a number of features to make Constitutional Carry in Nebraska a reality. One provision has been a sticking point in getting the bill passed. The bill strengthens the Nebraska preemption statute and eliminates the Omaha and Lincoln requirements to register handguns in those cities. From the bill:

(2) Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to:

(a) Regulate the ownership, possession, storage, transportation,sale, or transfer of firearms or other weapons, except as expressly by provided by state law; or 

(b) Require registration of firearms or other weapons.

(3) Any county, city, or village ordinance, permit, or regulation in violation of subsection (2) of this section is declared to be null and void.

The bill changes the definition of what is a concealed handgun, so that if any part of the handgun is capable of being seen or observed by another person, it is not a concealed handgun:

 (2) Concealed handgun means a handgun that is entirely obscured from
view. If any part of the handgun is capable of being seen or observed by
another person, it is not a concealed handgun.

While Nebraska's legislatures are nominally "non-partisan", Ballotpedia shows how they line up as Democrats or Republicans. There are 32 Republicans and 17 Democrats. As 33 votes are necessary to overcome the three closure votes, Republicans had to recruit one "non-partisan" Democrat" to obtain the necessary 33 votes. All 32 Republicans voted for closure on the Final Reading, which was the critical vote for Constitutional Carry. Senator Mike McDonnell of District 5, Omaha, voted for closure, adding the critical Democratic vote for LB 77.

Senator Brewer has had Constitutional Carry as a high priority since being elected in 2017. Senator Brewer is reported as saying Governor Pillen will sign the bill in a ceremony on April 26. From starherald.com:

Brewer, who visited Pillen after LB 77’s passage, said the governor plans to sign the bill into law in a 2 p.m. CT ceremony April 26 in the State Capitol’s Warner Chamber.

The bill is scheduled to go into effect three months after the current legislative session ends. It is expected the legislative session will end on June 9, 2023. The bill would then become effective three months later, on September 9, 2023.

Nebraska becomes the 25th state to restore Constitutional Carry, the 26th member of the Constitutional Carry club, and the 27th state to have permitless carry enshrined in state law. Vermont has always had Constitutional Carry. No permit was ever required in Vermont to carry a concealed, loaded handgun in most public places. Vermont has consistently had one of the lowest murder rates in the nation. Alaska restored Constitutional Carry in 2003. Arizona Restored Constitutional Carry in 2010. Since then 23 more states have restored Constitutional Carry. The Constitutional Carry club members are now:

Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.  Florida has permitless concealed carry.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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KY: Shooting Outside Anderson's Pizza Believed to be Self Defense

According to law enforcement, an altercation began inside the restaurant as two men, Chris Marano and Stephen Perez, started an altercation with another male, Ernesto Garcia, and his girlfriend Alisha Corbin. According to employees at the bar, Marano and Perez had already been asked to leave the bar due to their behavior toward staff and guests.

Ernesto tried to leave, but the altercation got physical when Marano struck Ernesto, then Perez jumped in. Murano and Perez began assaulting Ernesto by punching him, kicking him, stomping his head into floor, and hitting him with chairs.

According to law enforcement, Corbin went outside and retrieved a 9mm handgun, then came back in as staff members tried to stop the assault. Corbin then exited the building with the firearm, and Marano and Perez gave chase to her.

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DE: Home Invasion, Homeowner and Three Invaders Shot

(Newark, DE 19702) Detectives continue to investigate the shooting from the Four Seasons community. On Tuesday, April 18, 2023, at approximately 8:56 p.m. officers from the New Castle County Division of Police responded to the unit block of Clipper Court – Newark in reference to a shooting investigation. When officers arrived, they located a 25-year-old suspect deceased on the home’s second floor due to multiple gunshot wounds. Officers also located a 25-year-old victim inside the residence who sustained a gunshot wound to a lower extremity. Patrol officers on the scene assisted with administering first aid.

Detectives from the New Castle County Criminal Investigations Unit arrived on the scene and assumed the investigation. The investigation revealed that the 25-year-old suspect along with Malik Dennison (24), and Nadir Everett (20) responded to the residence on Clipper Court. Once on scene, the 25-year-old suspect and Everett entered the home while armed with a firearm. They then threatened the homeowner and began removing miscellaneous property from the home. During this time, the homeowner was able to retrieve a firearm at which point he shot both intruders. The homeowner was also struck by gunfire in his lower extremity by one of the suspects.

Nadir Everett, who was shot multiple times fled from the scene along with Malik Dennison and responded to Christiana Hospital Emergency Room. Patrol Officers responded to the hospital and took both suspects into custody. Nadir Everett remains at Christiana Hospital in reference to treatment for multiple gunshot wounds.

The homeowner was transported to a nearby hospital in reference to the gunshot wound to his lower extremity. He remains in stable condition. The investigation revealed that the incident was not random, and the victim was targeted.

Both Nadir Everett and Malik Dennison have been charged for their roles in the home invasion.

Nadir Everett (20) of Philadelphia was charged with one felony count of assault in the first degree, one felony count of burglary in the first degree, three felony counts of aggravated menacing, one count of possession of a firearm during the commission of a felony, one count of wearing a disguise during the commission of a felony, and one felony count of conspiracy in the second degree.

Malik Dennison (24) of Newark was charged with one felony count of assault in the first degree, one felony count of burglary in the first degree, three felony counts of aggravated menacing, one count of possession of a firearm during the commission of a felony, and one felony count of conspiracy in the second degree.

At the time of this news release, the arraignments are still pending. The third suspect’s name is being withheld currently until his family is notified.

This remains an active and ongoing investigation and further information will be released as it becomes available. Anyone with information or surveillance footage pertaining to this incident is asked to please contact Detective Eric Christopher at (302) 395-8110 or by email at Eric.Christopher@newcastlede.gov. Citizens can also call the New Castle County Division of Police non-emergency number at (302) 573-2800. Citizens can submit a tip via (IM) on the New Castle County Division of Police Facebook page or through Crime Stoppers at (800) TIP-3333 http://www.delawarecrimestoppers.com. 

 

Source

CA: Man in Bakersfield Defends Homeowner, Shoots Intruder

An investigation showed a man forced his way into a house on Barnett Street and another man shot him to defend the homeowner, KCSO said. A gun was recovered, and no one has been arrested.

The victim hasn’t been identified.

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KY: Bill Protecting Second Amendment Becomes Law without Governor's Signature

Kentucky Capitol from wikipedia

Kentucky HB 153, the bill which prohibits state employees from cooperating with any federal infringements on Second Amendment rights passed after January 1, 2021, became law on March 28, 2023, without a signature from Governor (D) Andy Beshear.

The bill was passed on March 15, 2023. Governor Beshear had until March 27, 2023 to veto the bill or to sign it. Governor Beshear did neither and the bill became law on March 28.

The law has a similar effect to the Oklahoma Second Amendment Protection Act, without the verbiage about the federal government violating the Second Amendment.  The act specifically references the Supreme Court decisions affirming the federal government does not have the authority to commandeer local or state agents to enforce federal policy. From the statute:

Section 1. The General Assembly of the Commonwealth of Kentucky finds that:

(1) Section 1 of the Constitution of Kentucky provides, in part, that all men have an inalienable right to bear arms in defense of themselves and of the state;

(2) The Second Amendment to the Constitution of the United States guarantees the right of the people to keep and bear arms;

(3) The Tenth Amendment to the Constitution of the United States reserves to the states and people all powers not granted to the federal government; and

(4)The Supreme Court of the United States, in the case of Printz v. United States, 521 U.S. 898 (1997), affirmed that the federal government does not have the authority to commandeer local or state agents to enforce federal policy.

After several definitions of law enforcement, agents of the state, ammunition, firearms, and firearms accessories, the statute provides:

 A person commits an offense under this section when, while acting in his or her official capacity under color of law, he or she knowingly violates this section. An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense. 

 6) A person who
knowingly commits an offense under this section shall be subject to from employment to the extent allowable under state law.

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or 

(b)The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

7)
Nothing in this section may be interpreted to prohibit or otherwise limit a law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or

(b) The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

        (8 )This section shall be retroactive to January 1, 2021.

The statute defines  a "Federal ban" widely to mean more restrictions passed after January 1, 2021:

b) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;

It is possible HB 153 will be challenged in the courts. The Constitutional basis for the state to enact such legislation appears clear.

 

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

GA: Smyrna Homeowner Shoots, Kills Intruder

MYRNA, Ga. - Smyrna police say a homeowner shot and killed a man who was breaking into his house Sunday evening.

First responders raced to the home near the corner of Lochlomand Lane and Highland Drive. Detectives immediately went to work. Police tape was visible along a dirt path which leads to the backyard of the house.

Police have not released the name of the homeowner or the man who was shot and killed.

Neighbors are stunned.

"That's very terrifying to hear in this type of neighborhood," said Paige Nowacki, who lives nearby.

More Here

IN: Open Carry at the NRA Annual Meeting in Indianapolis, 2023

 

On Friday, April 14, at the first day of the NRA Annual Meeting in Indianapolis in 2023, this correspondent was riding the shuttle from the Gate Ten parking lot to the Indiana Convention Center.  A passenger was openly carrying what appears to be one of the Springfield XD series of pistols in a thumb-break outside the waistband holster. Notice the clip on the right front pants pocket. It is almost certainly attached to the ubiquitous folding pocket knife. The gentleman was perfectly willing to have this picture taken of him openly carrying. His comment was to the effect: Never leave home without it.

The next morning, on Saturday, this correspondent had only been off of the shuttle for a few minutes when another gentleman was seen openly carrying a 1911 clone of some manufacturer, of which there are many. The open carrier informed this correspondent the pistol was loaded with Hornaday Critical Defense loads in .45 ACP.

In this case, the pocket knife is a simple folding box-cutter knife.

One of the reasons open carriers were more difficult to spot at this meeting is the ubiquitous cary of cell phones. With so many people carrying cell phones, it is much more difficult to "make" an open carrier or a concealed carrier. With so many people carrying bulges on their belts or in their pockets, it is very difficult to know who is armed and who  is not.

 

On Sunday morning, this open carrier was spotted waiting for entry to the exhibition halls. Steve is carrying an IMI Masada in 9mm. The holster appears to be a simple trigger guard/friction retention type. It is actually a class II retention holster with the release hidden behind the pistol. The design makes the pistol very "snatch" resistant. The folding knife is an inexpensive Carambit knock-off. Steve also carries a tourniquet and other medical supplies. Steve's attitude on open carry changed after the Greenwood Park Mall mass murder in 2022. He decided tactical deterrence was an important component of defense of self and others.

 

There were no restrictions on open or concealed carry in the exhibition halls. Indiana is now a Constitutional Carry state. No signs were posted; security monitoring the entrances told this correspondent there was no prohibition on carrying of handguns, openly or concealed.

Open carry lends itself as a political statement and active defense of rights protected by the Second Amendment. Some perceive concealed carry as more conducive to tactical surprise.

Talking to a couple of security people, the though was, as Indiana is now a Constitutional Carry state, there is less of an incentive to make a political statement with open carry.

Both methods of carry have their advantages and disadvantages. In a Constitutional Carry state, one or the other, or both, may be employed as the situation warrants.

Open carry has the advantage of tactical deterrence. Ordinary criminals do not wish a gunfight. Mass murderers, such as the one attempted few miles away, in 2022 at the Greenwood Park Mall in Indianapolis, may wish to kill armed defenders first. However, in the Greenwood Park Mall, it did not make a difference. The first person shot and killed, Victor Gomez, was carrying concealed.

It was another armed Samaritan, Elisjha Dicken, who used to time gained by Victor Gomez' sacrifice to engage and stop the murderer from a distance of 40 yards.

25 states now have Constitutional Carry. Florida has permitless concealed carry, so there are 26 permitless carry states. Both North and South Carolina appear to be seriously considering Constitutional Carry Bills. Nebraska has one more closure vote (requiring 33 senators in their unicameral legislature) to achieve Constitutional Carry. The chances of another addition to the Constitutional Carry club in 2023 are good. North Carolina, South Carolina, and Nebraska already have open carry in their states.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

OH:Columbus Homeowner Shoots Intruder

WBNS Channel 10 reports the shooting occurred at about 6 p.m. in the Southern Orchards neighborhood of Columbus. Officers were called to the home for reports of a trespasser.

By the time officers arrived, the homeowner had shot and killed the intruder, police tell WCMH Channel 4. The accused trespasser, whose identity has not been released, was pronounced dead at the scene.

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NC: Shooting at Hemp Shop may have been Self Defense

In emergency telephone calls after a shooting in Gastonia, callers reported that a man shot someone who had been chasing him with a knife.

The shooting was reported about 11:45 a.m. Wednesday outside Buddha's Bazaar, a hemp shop on East Franklin Boulevard. 

In a 911 call, a caller said that the shooting may have been self defense.

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Travel to NRA Annual Meeting after Passing through "Occupied Territory" (Illinois)

 

 

On the way to the NRA Annual Meeting in Indianapolis, there was time to consider the changes since this correspondent had last been here in 2014, much pavement has passed under my vehicle's tires.  Nine years ago: Illinois had shall issue. Carry by out of state permit holders or people from Constitutional Carry states is permitted as you pass through Illinois.  Fortunately, all the states passed through from Dallas, Texas, to Indianapolis Indiana, have become Constitutional Carry states. Except for Illinois.

The rules in Illinois become complicated if you step outside of your vehicle. My solution was to not stop while in Illinois. That meant no gas or food or lodging or potty breaks while in the State of Illinois. This takes some preparation and thought.

Across the state on Interstate 57 and Interstate 70 was about 230 miles, according to my odometer. 11 miles before the border, in Missouri, on I-57, is a wonderful place called Boomland. Boomland specializes in things which cost less in the free states. Gasoline is about 40 cents a gallon less expensive than across the border in Illinois.

 

Cigarettes are much less expensive. The limit was five cartons per customer. Business was brisk. Fireworks were plentiful, and available at what seems a perpetual promotion at such border equivalents of "tariff free" shops: buy one get one free! Business was booming! The restroom was clean, spacious and not crowded, even with the lines waiting to purchase gas at one of the numerous pumps.

The strategy in the jurisdictions which are not friendly environments for Second Amendment supporters,  is: pick your battles. This correspondent advises, when traveling, to follow the speed limits and traffic laws scrupulously. Within the first 80 miles of Illinois freeway, seven Illinois traffic enforcers were noted. Traffic fines can be a considerable source of income for a state which has to support a bloated, inefficient city such as Chicago.  Traffic fines double in work zones.  The Interstate in Illinois had many miles of construction going on. Even on the Interstate, the trip took about 4 and a half hours, with no stops.  This correspondent was glad he had topped off at Boomland, had an early lunch, and used the facilities.

Southern Illinois is classic gun country, with lots of farmland, woodlots, streams and ponds with wonderful game habitat and opportunities. Unfortunately, our brothers and sisters in southern Illinois are dominated by Chicago politicians. Fortunately, the Supreme Court and the Seventh Circuit have restored some Second Amendment rights in Illinois with the decisions of Heller, McDonald, and Ezell. Several cases are pending in Illinois with the new ban on semi-automatic rifles and standard capacity magazines. With the exceptionally clear and well worded Bruen decision by the Supreme Court,  more cases are pending. It is likely Illinois (mostly Chicago politicians) will be, reluctantly, brought to heel again.

It was a wonderful feeling to cross the border into the free state of Indiana! Traffic was terrible on I-465 into Indianapolis, with about ten miles of stop-and-go on the Interstate under construction. Reports from the NRA Annual Meeting in Indianapolis will follow.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX followup: Armed Robbery Suspect, shot by Armed Samaritan, was Wanted on Murder Charge

HOUSTON, Texas (KTRK) -- A stranger stepped in to help a man he witnessed being pistol-whipped by a suspected robber in southwest Houston Saturday night, according to police.

On Sunday, ABC13 learned that the suspect was wanted for murder out of Louisiana.

Investigators said the stranger saw the robbery as it was happening at a Chase Bank in the 10400 block of Westheimer Road.

A man pulled into the bank to withdraw money from the ATM when the armed suspect came around the corner and ordered him to hand over money, according to police.

Detectives said the victim reportedly began to comply until the suspect began to pistol-whip him.

That's when police say someone driving by saw the crime happening and pulled out a gun to defend the victim.

More Here

TX: Benbrook, Woman Shoots man Attempting to Steal Truck

When the owner of the vehicle saw the man inside her truck — who was attempting to put it in gear — she shot him, hitting him in the arm, police said.

The man ran away and police said they found him down the street at a hotel.

MedStar transported the man to a hospital for non-life-threatening injuries.

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TX: Houston, Armed Vicim Shoots 3 of 4 Armed Robbery Suspects

According to Asst. Chief Ernest Garcia, four suspects in masks entered the store and started robbing customers at gunpoint.

That's when an armed customer pulled out their weapon and shot at the suspects, Garcia said. Three of the robbery suspects were shot.

One bystander was also hurt, though it was unclear if he was shot by one of the suspects or the customer, HPD said.

More here

AZ: Phoenix Police Investigate Fatal Shooting of Intruder

According to police, just before 6:30 p.m. Sunday, April 9, officers responded to the area of 7th and Portland streets for reports of a shooting at a home. Upon arrival, officers located a man suffering a gunshot wound in the third-story bedroom of the house. He did not survive.

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NICS for March, 2023 Fourth Highest March for Gun Sales and Background Checks

Lines are from 2022. Bars are for 2023.

The National Instant background Check System (NICS) gun sales and background checks for March, 2023, are the fourth highest on record since recording of background checks started in 1999. In March of 2023, there were about 1.51 million gun sales and about 3.04 million background checks total.  Having about half of background checks done for gun sales falls well within the expected range in recent years. In some instances, gun sales have been less than 40% of total background checks done in a month.

The highest number of gun sales recorded in March was in 2020, with about 2.37 million. Then next highest was in 2021, with about 2.00 million gun sales. The third highest was in 2022, with about 1.62 million guns sold in with  NICS.  March of 2023 had about 1.51 million gun sales, and March of 2013 had about 1.47 million gun sales. The reader can easily see the trend. Gun sales have reached a "new normal" in the last few years.

The number of background checks done shows a similar pattern. 2020, 2021 and 2022 all had more background checks done than in 2023. The first quarter of 2023 shows a bit over four million guns sold through the NICS system, from previous years, we can estimate about 87% of those are new guns, increasing the private stock of firearms in the United States by 3.50 million.  At the end of 2022, the number of privately owned firearms was estimated to be about 490 million in the United States. At the end of the first quarter, the number would now be about 493.5 million firearms. Two more quarters of the same growth will bring the estimate to over 500 million privately owned firearms, which is expected to happen by the end of September, 2023.

President Biden continues his lifelong crusade to impost ever more infringements on the rights protected by the Second Amendment.  Biden's term as president looks more and more like a worse edition of President Obama's disastrous second term. Increasing racial divisions seems to be a specialty of both President Obama and President Biden.  Disastrous international relations have happened during both President Biden and President Obama's second term. The horror of the "Islamic Spring" occurred with encouragement from President Obama, setting up the disaster of mass Islamic "refugees" in Europe.

The entire Ukraine war seems predicated on the horrible handling of the Afghanistan debacle and the mixed signals sent running up to the invasion of Ukraine by the Russian Federation.

Both of these disasters illustrate to Americans the desirablility of possessing arms for defense of self and community, rights protected by the Second Amendment of the United States Constitution.

As expected, the number of firearm owners in the United States is increasing. The latest survey of gun owners, by Professor William English, indicates there are about 81.4 million gun owners who were willing to self-identify, as of March of 2021, two years ago. Since that time, about 35 million more firearms have been sold in the United States.

With new gun owners and those who are "shy" about answering surveys, there are likely more than 100 million legal gun owners in the United States, virtually all of whom are legal voters.

Many politicians are wary of offending such a large group of voters, by directly violating their oaths of office.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

GA: Athens Resident Shoots, Wounds Intruder

An Athens man was shot early Monday after Athens-Clarke police said he burglarized a home and encountered a resident armed with a gun.

The shooting occurred at about 5:50 a.m. on the 1000 block of Tallassee Road in north Athens.

The suspect, James E. Hill, 41, of Broad Street, was treated for an arm wound, then booked into the Athens-Clarke County Jail, where he remained Tuesday without bond.

“I’m glad he’s alive and I didn’t have to be the one to take his life,” the 32-year-old resident said Tuesday when contacted.

 

More Here

IL: Businessman Shoots Person Attempting to Break Into Business

 

CHICAGO — A smoke shop employee shot a would-be burglar who tried to break into the Lincoln Park businesses after closing time on Sunday evening, officials said.

Chicago police officers who responded to calls of a person shot in the 4700 block of North Talman around 11:45 p.m. found an 18-year-old man with gunshot wounds to his legs. The man initially told officers that someone shot at him from a black car.

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.22 LR Prices Gradually falling; Supply is meeting Demand

 

About once a week this correspondent visits a local Wal-Mart to monitor ammunition prices. This time, there was a significant change. Wal-Mart rolled back the price of some bulk-packed .22 LR ammunition. The product was Federal Automatch, 40 grain, in a 325 bulk pack. The price was $18.97 or 5.8 cents per cartridge. The price had been $21.16, or 6.5 cents per cartridge.  It is about a 10% reduction in the price.

Most days this correspondent will look at ammunition prices online. They are not quite as good an indicator, because shipping costs have to be included. Virtually everyone online now charges state sales tax, so that no longer makes much of a difference. Online prices were even lower, with the lowest costs for the cheapest ammunition at exactly 5 cents per cartridge for Armscor .22 LR 36 grain hollowpoint, bolt action only. From the indicated supplier, shipping costs were included in the price.  A purchaser had to buy a full 5,000 round case to obtain the 5 cent per round price.

Screenshot from an Ammoseek search.

In my experience, the Federal Automatch is a bit more reliable ammunition than the Armscor 36 grain. Other people's experience may vary.

Since the ammunition bubble starting in 2012, Ammunition prices have gone up and down in response to overwhelming, then muted, demand. The demand seems linked to political threats to impose significant infringements on rights protected by the Second Amendment.

The ammunition companies have increased .22 Long Rifle production by about 40% since 2012, from about 5 billion rounds of .22 LR per year to 7 Billion rounds per year at present.  Both Aguila Ammunition and Vista Outdoors (Federal and CCI) have increased production substantially.

Much specialty .22 ammunition is still difficult to obtain, but shelves are being stocked with more and more ammunition. The Federal Automatch bulk packs have been available at the local Wal-Mart, as far as this correspondent has been able to determine, continuously, for over a year.

How low will .22 prices go? It is impossible to know, especially with rampant monetary inflation confounding the picture. In constant dollars, 5.8 cents per round in 2023 is equivalent to 3.77 cents in 2005. The lowest constant dollar prices for .22 LR ammunition occurred from 1993 to 2006, at about 7 cents per round for suggested retail prices of Remington Hi-Velocity LR ammunition in 2023 dollars.

The Federal Automatch ammunition appears to be a pretty good deal.

If looking to stock up on .22 ammunition, watch for sales, and purchase what you wish when the price is down. The time to buy is when most people are not buying. Another source of excellent deals are estate sales. It does not matter if the ammunition is new in never opened boxes. Guns stores will almost never take ammunition in for sale that has been in customers hands, off store. Perhaps they are worried about liability. This author has purchased ammunition from estates, and at gun "buy backs" and had excellent luck with it. Of course, it is up to the buyer to be wary of what they are purchasing.

A purchaser does not have to worry about purchasing .22 reloads, as the number of people who reload .22 rimfire is extremely small. But for centerfire cartridges, caution is suggested. When this correspondent has purchased reloaded ammunition, he had personal knowledge of the person doing the reloading, and had confidence in their methods.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MS: Woman Shoots Man who Followed her, then Attacked

CARROLL CO., Miss. (WLBT) - A woman shot a man multiple times after being attacked in Carroll County. 

Carroll County Sheriff Clint Walker says the incident happened down the street from Katy’s Place in the Coila area of the county at 1:36 a.m. on April 2.

According to a press release, witnesses told deputies that there was an altercation between Lamarcus Woodson, 31, and Michelle Eileen Hearn at Katy’s Place. The press release says that Hearn and Willie Ezell, a friend, left the club to remove themselves from the altercation.

Sheriff Walker says Woodson followed them to a house down the street from the club even though he was told to stay away from the property. Hearn, Ezell, and other witnesses told deputies that Woodson grabbed Hearn, and a struggle followed.

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PA: Police Conclude Cemetary Shooting was in Self Defense

Montgomery County District Attorney Kevin Steele has decided not to bring charges against the individual that took part in a deadly shooting that happened in March at the grave of a man who was killed by gun violence ten years prior.

In a statement released on Friday, Steele said that an investigation into the shooting that occurred on March 18 at Whitemarsh Memorial Park in Ambler, found that Daniel Hawkins, 29, of Philadelphia, was shot and killed in self-defense.

“There is no doubt about who shot and killed Hawkins, so the legal issue to be analyzed is whether this was a justifiable killing," Steele said in a statement.

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AZ: Glendale Smoke Shop Owner says Shooting Was Self Defense

The owner of Smoke Casa, Ouday Muslet, says his store was just about to close when an armed man came inside and wrestled his employee to the ground.

The employee, who also had a gun in his waistband, shot the man in the leg. Muslet said the man responded by pointing a gun at the clerk's head.

"He had no time to do anything, he was literally attacked at the front door," Muslet said.

The unknown man reportedly managed to take the employee's gun and ran outside, pointing both weapons at him.

Muslet then claimed that the clerk grabbed another gun they had on hand at the store and shot the man outside.

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NH: Manchester Homicide might be a Self Defense Shooting

MANCHESTER, NH - The autopsy of the fatal shooting in Manchester Tuesday night has been completed by the Office of the New Hampshire Medical Examiner.

Rodney Yancey, 43 of Manchester died on Union Street Tuesday after being shot. The victim died of gunshot wounds to the chest.

The manner of death is classified as a homicide by the Office of the Chief Medical Examiner, homicide is defined as the killing of one person by another.

The investigation is active and ongoing and includes whether the person who shot Mr. Yancey acted in self-defense.

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Dean Weingarten is traveling to cover the NRA Annual Meeting in Indianapolis

Because of the time and constraints required by travel, posting on Gun Watch will not be as regular as it usually is. 

Dean Weingarten

CA: Gunfight in Brentwood stops Vehicle Theft

BRENTWOOD -- An apparent attempted vehicle burglary in Brentwood early Sunday morning turned into a shootout between the victim and the suspects.

Brentwood police said in a statement that around 4 a.m. Sunday, officers responded to a report of a shooting in front of a residence on the 2700 block of Serene Court.

Police said the victim discovered suspects in the driveway attempting to break into the victim's vehicle. The vehicle's owner confronted the suspects, after which one of them fired a shot at the victim.

The victim, who was also armed, fired three to four rounds at the suspects, who then fled in a vehicle.

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NC Legislature overrides Governor (D) Cooper veto. Jim Crow Era Pistol Permit Gone

 

North Carolina Capitol

 

On March 29, 2023, the North Carolina legislature voted to override the veto of Democrat North Carolina Governor Roy Cooper. In the Senate, as expected, the vote was 30 to 19, with 30 Republicans voting to override the veto of the Jim Crow era pistol permit law, 19 Democrats voting against the bill, and one Democrat not voting with an excused absence.

In the House, there are 71 Republicans and 49 Democrats. 3/5 of the vote is required to override a veto. If all members voted, 72 votes would be required. In this case, three Democrats were excused from voting, so only 71 votes were required for the veto override. All Republicans were present. All 71 Republicans voted to override Governor Cooper's veto.

The requirement to obtain a permit to purchase or transfer a pistol was passed in 1919, during a resurgence of the Ku Klux Klan in the United States. Democrat Woodrow Wilson, an avid racist, was elected president of the United States with significant Klan support. President Woodrow Wilson segregated the federal civil service, which had been integrated before his election.

In addition to removing the Jim Crow era requirement for a sheriff to issue a permit to purchase a pistol, SB 41 removes the ban on carrying a concealed handgun in a place of worship which is also educational property.  It authorizes concealed carry for certain law enforcement facility employees. It creates a statewide safe firearms storage educational initiative.

SB 41 aligns state law on handguns with the existing law on long guns, rifles and shotguns. Purchasing a rifle or shotgun from a private party in North Carolina does not require any special permit. Purchasing a long gun from a federal dealer in North Carolina requires the same process as in most of the rest of the United States. A National Instant background Check System check, run by the FBI, is required for most purchases.

When a NICS check has already been done to obtain a carry permit, firearms may be purchased without a federal dealer conducting another NICS check. 25  states currently have permit systems which the ATF consider adequate to be used for firearms purchases without conducting another NICS check. The North Carolina Concealed Handgun permits qualify for purchases through federally licensed firearms dealers without another NICS check.

Grass Roots North Carolina (GRNC) deserves considerable credit for this reform of firearms law in North Carolina.  Paul Valone, President of GRNC predicted the North Carolina legislature would be able to find the votes necessary to override Governor (D) Cooper's veto.

The North Carolina vote is a continuation of removal of Jim Crow era restrictions designed to prevent black people from exercising their right to keep and bear arms, guaranteed by the Second Amendment of the Constitution of the United States.  Significant progress has occurred in the former Confederate States.

Arkansas passed Constitutional Carry in 2013. Missouri and Mississippi passed Constitutional Carry in 2016, Kentucky passed Constitutional Carry in 2019. Texas and Tennessee passed Constitutional carry in 2021.  Alabama and Georgia passed Constitutional Carry in 2022.  South Carolina and Florida are considering Constitutional Carry in 2023.

The South has become a bastion of limited government and upholding the Constitution against the Progressive administrative state.

Governor (D) Roy Cooper of North Carolina is not up for re-election until 2024. He was elected in the presidential election year of 2020. It may be one of the reasons he was willing to veto SB41 this year.

Lt. Governor Mark Robinson was elected as a Second Amendment superstar. He is expected to announce he will be running for Governor of North Carolina in 2024.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Man who Assaulted Ex Shot by Woman's Father

GAINESVILLE, Fla. (KAKE) - Police in Florida say a man who assaulted his ex-girlfriend was fatally shot by the woman's father. 

The incident happened on March 17 at an apartment complex in Gainesville. According to police, a woman's ex-boyfriend physically assaulted her at her apartment and then fled the scene.

WEAR reports the woman's father arrived at the apartment a short time later, and the ex-boyfriend returned about 30 minutes later.  

"The father, who was armed with a handgun, fired one shot at the suspect which struck him in the chest," Gainesville police said.

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Encounter with Yuma Police Officer, Outside Radio Studio

City of Yuma Police Vehicle

This correspondent normally appears on the Russ Clark Show, a local radio show with a national audience, once a week, in studio. One morning, after finishing the drive-time radio show, I walked out to my vehicle, ready to take on the rest of the day. As I approached the my vehicle, I saw a Yuma City Police vehicle approaching in the parking lot of the radio station.

I opened my vehicle door and reached inside, for a camera, as I thought pictures of such a police car might be useful for future articles. As I was half-in the vehicle, I notice the police car pull up in front of me, with the window rolled down. The officer said: Are you Mr. Weingarten? I said I was.

They said: I was listening to you on the radio. I could not call in because I am on duty. I would really like for you to bring up the Hughes Amendment on the radio show.

The Hughes Amendment was passed under dubious circumstances as part of the passage of the Firearms Owners Protection Act in 1986.  Second Amendment supporters, particularly in the NRA, had been working for years to reform the more odious overreach of the 1968 Gun Control Act. The leadership in the Congress, controlled by Democrats, was opposed, even though a majority of the Congress was willing to vote in the reforms.

The NRA was able to invoke a seldom used rule, a discharge petition. If a majority of House members would sign a petition to bring the reform bill to a vote, the leadership could be overruled.

Police who know of the Hughes Amendment are deep into the gun culture.

The Hughes Amendment has been interpreted to forbid sales of full-auto firearms to ordinary citizens, if the firearms did not have a tax stamp prior to 1986, with some relatively minor and expensive exceptions (such as a license to manufacture).

I told the officer I was aware of the Hughes Amendment. I had listened to the original, crucial and seeming underhanded vote in the House; and I would probably discuss it on the radio at some time.  It appears the vote was done legally, if done with a dubious voice vote.

Here is a video of the debate and the Amendment:

 

The officer assured me many officers were strong proponents of the Second Amendment and hated seeing infringements such as the Hughes Amendment.

Several police officers have communicated similar comments. They are a minority of officers, but they are not irrelevant.

Some officers have complained of being used as political props during debates about Second Amendment issues, for example, being ordered to attend City Council meetings as a show of support when restrictive gun measures are being debated.

They are usually required, by their jobs, not to voice political opinions while on duty. Their politically appointed bosses, as police chiefs, are not so restricted. Police chief voices, nearly universally, reflect the political preferences of the politicians who hired them or appointed them.

This is why it is much more common to see Sheriffs support the Second Amendment than police chiefs. Sheriffs are elected directly by the people. They are more accountable.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

ND: Grand Forks Shooting of Dwight Cross was likely Self Defense

According to the Grand Forks Police Department, Cross was laying on the floor after 24-year-old Javon Lowery of Grand Forks shot him once in the chest during a brief argument.

Police say Lowery actually fired multiple shots, but the rest missed. According to police, Lowery shot at Cross after he pulled out what Lowery thought was a sawed-off shotgun during the argument. It turned out it was only a pellet gun.

Lowery was the one who called 911.

 

More Here

Elisjsha Dicken, Greenwood Mall Shooter, Named Citizen of the Year in Greenwood Indiana

Image from Twitter

 

Those who want a disarmed population have been working hard to make the term "shooter" a pejorative.  Shooting is a sport. Murder is a crime. Shooting is often in defense of self and others. There were two shooters at the Greenwood Park Mall on the afternoon of July 17, 2022. One was there to commit mass murder. The other was there to enjoy himself. He was armed to defend his rights and to protect himself and others. Both fired shots. 

Elisjsha D. Dicken prevailed and stopped the carnage. He started firing at the mass murderer from 40 yards away. He was effective and saved many lives. He was the good Greenwood Park Mall shooter. The Mayor of Greenwood Indiana expressed what many others have acknowledged: From the  Mayor of Greenwood:

The shooting at the Greenwood Park Mall-July 17 was a day that will be impossible for many of us to forget. We grieve for the lives lost that night. We pray for those who still struggle with memories from the tragedy. It was unexpected and uncharacteristic for our community. Our first responders along with a brave young man who happened to be at the mall prevented that tragedy from being worse. There are no words to describe my gratitude.

The reason Elisjsha's last name is spelled Diken below is not obvious. The first name is spelled correctly. For whatever reason, Elisjsha's last name had been consistently spelled Dicken in previous coverage. The image of Elisjsha Dicken's lifetime License to Carry Handgun put out by the Greenwood Police in July, 2022 shows the spelling as Dicken. Even with the unfortunate misspelling, it is positive to see a community recognize the courage, awareness, skill, and moral clarity displayed by Eisjsha under intense pressure.

 Letter from the Office of the Mayor Mark W. Myers: 

July 17th started off to be another beautiful day in Greenwood. Unfortunately, it became one of the darkest days in our history. A lone gunman entered the Food Court in the Greenwood Park Mall. As he emerged from the restroom he began firing a rifle, killing 3 people.Hearing shots ring out, Elisjsha Diken immediately identified the shooter, took cover behind a pillar, drew his weapon and fired at the shooter from 40 yards away. He was able to eliminate the threat. While doing this Elisjsha also was waving innocent civilians to safety. There were countless number of innocent lives saved that day due to his quick and selfless thinking. The City of Greenwood and the residents here owe a great debt of gratitude to Elisjsha. Because of his heroic actions the City of Greenwood proudly honors Elisjsha Diken as the 2022 Citizen of the Year.

Opinion:

A nation needs it heroes. They need to be recognized. They need to be celebrated. For a number of reasons, many of those in leadership positions in the United States of America have denigrated American heroes, and elevated to artificial positions of leadership those who claim to be victims in society, even as those "victims" are granted privileges and treated better than nearly anywhere else in the world.

It is refreshing to see Eli D. Dickens celebrated for saving lives, for showing an example of courage and skill during danger and intense pressure. Young men have risen to defend themselves and others throughout human existence. Their skill and courage have always been celebrated in those societies who survive.  

America has always, through its Judeo/Christian ethical base, celebrated truth and the worth of human lives.  Not all societies have done so. 

Many societies have celebrated lies, murder, and human sacrifice.  They have not been as successful as a society based on truth. There appear many in the United States who want to change the culture to one based on lies, murder, and human sacrifice.  Celebrating the heroism of Eli Dicken is a small but significant step away from a future which celebrates lies and murder.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IL: Gunfight, Store Manager Kills Armed Robber

According to the Chicago Police Department, a 30-40-year-old man entered an auto parts store in the 9100 block of South Stony Island Avenue around 2:30 p.m., pulled out a gun, and demanded money from the cash register. 

Police said the store manager, who is a valid FOID holder, pulled out a gun and fired shots, hitting the 30-40-year-old man, who was then taken to the University of Chicago Medical Center, where he was later pronounced dead.

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Polar Bear Defense FOIA, Svalbard: Rubber Bullet Pistol? .357?

 

Image from wikimedia naturepics online, 2010

 

At a bit after noon on February 27 at Vestpynten in the Svalbard Archepelago (administered by Norway), far north of the arctic circle, a polar bear was shot during a conflict with people and dogs. Vestpynten is a small village in the Archepelago roughly 90 miles North and a bit West of Longyerbyen. 

The incident report was uncovered with a Freedom of information Act (FOIA) request by AmmoLand. Individual names have been redacted. The report was translated into English, so it has been edited for readability, and fictitious names have been substituted. From the FOIA account, incident 162:

The bear was observed around 12-13 hours by Joan and Jill at the first cabin on Vestpynten after the camping place. The next cabin is Ralph. They saw the bear on the shore, walking towards Ralph's cabin. The dogs (8) Ralph had with him had warned him about the bear and he started taking them inside. To the witnesses on the other cabin it looked like the bear was smelling the dogs and getting interested. Ralp said he had 3 dogs left outside when the bear arrived at the cabin. The witnesses only saw 1. Ralph tells that the bear had a dark spot on the belly, maybe from oil spill and that it was very aggressive. He went to get a special weapon, "rubber-bullet-gun". At about 1m distance he fired one shot at the bear. He think it hit the bear in the side. Joan couldn't see the weapon properly, but she thought it was a pistol because he was holding it with one hand. She could not see it if the bear reacted after the first shot, but she said that he fired one more shot and that the bear then jumped and ran away towards the sea. Ralph himself claims he only fired one shot. Jill also thought she saw Ralph fire 2 shots but she wasn't certain. She was certain that he didn't use a rifle/ shotgun sized weapon, but a smaller type of weapon.

The rubber-bullet-gun was never shown to the police, and at the next interview, Ralph had destroyed it.

The rubber-bullet-gun was purchased in Canada 20 years before. The same goes for the ammunition. The day of the incident was the first time Ralph used the gun, and it was the last of the ammo. 20 year old rubber bullets can get hard as rock and since it was fired at very close range it might have made serious injuries to the bear. Ralph also had a .357 revolver. Ralph claimed it was inside the cabin when he shot at the bear.

The bear was searched for with a helicopter over a large area, but was never found. The bear might have swam over Isfjorden, over to Revneset/ Hiorthamn or towards Bjørndalen, or, and most probably, was so badly injured that it died/ drowned while swimming…

It is left to the readers to consider if Ralph used a .357 magnum revolver or a rubber bullet gun single shot type pistol. Either way, it was a handgun/pistol and will be classified as "unknown" in the data. 

It proved effective, as the bear was driven off.

Opinion: 

Polar bear conflicts seem to be primarily predatory. Because people/dogs are not commonly found in the natural habitat of polar bears, the bears usually approach with some caution. Bears which indiscriminately attack potentially dangerous prey do not last long. Black bear attacks are also usually predatory. Both polar bears and black bears seem more likely to be driven off without a fight, compared to grizzly/brown bears. 

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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