New CCI Pistol Shot at SHOT Show 2024

At the CCI part of the Vista Outdoors exhibit at the SHOT Show, some new shot cartridges caught this correspondent's eye. There were three displayed: a 10mm offering using 109 grains of #9 lead shot, a 9mm using 43 grains of Hevi Bismuth, non lead shot; and a .38 Special using 80 grains of Hevi Bismuth, non lead shot.

The 10mm is to satisfy those with 10mm handguns who find a shot cartridge useful for their needs. The Hevi Bismuth loads are to satisfy customers who want to be certain about their status on the law, where lead shot is prohibited. A CCI representative said most of the demand for the Hevi Bismuth loads comes from the western United States. Testing of the Hevi Bismuth loads show comparable results to current lead loads.

This correspondent has sources which have experimented with the Tungsten Super Shot (TSS). The performance of TSS is far, far beyond lead shot. TSS is extremely dense, 18.3 grams per cubic centimeter, compared to about 11.3 grams per cubic centimeter for lead shot. TSS is about 60% more dense than lead, which gives it a tremendous ballistic advantage. TSS appears to be a natural for pistol shot cartridges, which are primarily limited by the small volumes of shot available. Because of the difference in density, a similar shot cartridge could fit in 60% more shot. Because of the combination of hardness and density, shot sizes can be dropped by at least two levels, for similar terminal effects.

This correspondent asked: Why not switch to TSS? Pistol shot shells are already relatively expensive, because they are produced in such small numbers. The increased costs of using TSS shot would primarily be in the cost of the shot. Lead costs about $2 per pound, TSS about $42 per lb.  The amount of shot in a pistol shot shell is small, about 1/4 ounce for the larger calibers. With TSS, it could be increased by 60%, to .4 ounces.  16x2.5 is 40 shots per pound, or about  $1 more per shot. With small, hard shot, serious patterns at further ranges become likely. Dropping two shot sizes roughly doubles the pellet count.

The people at CCI can read the research and do the math better than this correspondent. They have tested TSS in pistol caliber shotshells. My source told me the results are much superior to lead shot. The problem is not a technical problem. TSS and pistol shot shells are a beautiful match. The problem is not an economic one. Pistol shot shells are used in small enough quantities, most people can afford another dollar a cartridge. The problem is legal. Tungsten Super Shot has been ruled by the ATF to be an armor piercing material. It is banned for use in pistols because of the old "cop killer" legislation, passed when Joe Biden was a senator. Anyone who produces a shot shell for pistols, using TSS, is likely to be shut down by the ATF.

It is possible an exemption, as especially useful for sporting purposes, could be granted. It is highly unlikely under the Biden administration.

This is technological progress stopped by bureaucratic political games. Such is the problem with passing legislation based on emotion and technological ignorance. Emotion and ignorance was the combination used by President Biden, when he helped pass the "cop killer" armor piercing bullet ban as a senator.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX:Gunfight, Alert Resident Shoots Suspects Attempting Kidnap and Home Invasion

According to police, a person inside the home at the time witnessed the ordeal and began shooting at the suspects, and gunfire was exchanged.

"Those suspects then returned fire and fled the scene. Shortly after that, police units arrived and were able to locate one of the suspects in a nearby neighborhood. He had injuries, gunshot wounds to the legs and one to the arm," Lt. T. Trometer said.

Investigators said that the suspect was transported to the hospital and is expected to survive.

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Texan who Shot fleeing suspect will not be Charged - Case goes to Grand Jury

According to police, a male suspect approached a man and his girlfriend at the pumps at the "Zip In Zip Out" Chevron Gas Station located at 11095 Ella Blvd. Police say the suspect pistol-whipped the man at the gas station and demanded his wallet.

After investigating, police found out that a bystander, unrelated to the victim or the suspect, witnessed the robbery and shot the suspect. The shooter then instructed the robbery victim to retrieve what the suspect had taken before leaving the scene.

 "I was outside my apartment smoking a cigarette and I heard two gunshots go off," said Kirby Robertson, a witness. 

The robbery suspect later died after being taken to the hospital in critical condition.

"Yeah, I think he was justified. I would justify him. We need more people like that out here. More people to protect us out here like that," said Leroy Nortfleet, a resident in the area.

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TX: Gunfight, North Arlington Victim and two Suspects all Wounded

Back at the Lamar location, officers found the victim, a 29-year-old man, and began providing care until paramedics arrived. He was transported to an area hospital with non-life threatening injuries. He told officers he was at a recording studio on N. Collins Street producing music when two masked men entered and began firing. He indicated that he was armed as well and returned fire, possibly striking the two suspects. 

Once officers got the car stopped in the 1500 block of NE Green Oaks Blvd, they learned there were two people inside – the driver, 30-year-old Kinton Jones, and a passenger, 52-year-old George Duncan – and both of them had gunshot wounds. They were both transported to area hospitals. Mr. Jones’ wounds do not appear to be life-threatening. Mr. Duncan is currently in ICU. 

Officers recovered guns and a face mask from the vehicle. Investigators believe they are the suspects from the shooting at the N. Collins St location. 

Once cleared from the hospital, Mr. Jones will be charged with Aggravated Assault with a Deadly Weapon, Unlawful Possession of a Firearm by a Felon (he had prior felony convictions), Evading, and Unauthorized Use of a Vehicle. Mr. Duncan will be charged with Aggravated Assault with a Deadly Weapon. 

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LA: District Court Judge finds Silencers are not Protected by Second Amendment

On September 7, 2023, Brennan Comeaux was arrested for the possession of unregistered silencers without serial numbers.  He was appointed a federal defender in Louisiana, in the United States District Court for the Western District of Louisiana. Louisiana is in the Fifth Circuit Court of Appeals.

On December 20, 2023, a motion to dismiss was filed by Comeaux's attorney. From the Motion to Dismiss:

By indictment, the government accuses Brennan Comeaux of possessing unregistered firearms in violation of 26 U.S.C. § 5861(d) (Count One) and receiving and possessing firearms unidentified by serial number in violation of 26 U.S.C. § 5861(i). ECF 1. Specifically, the government alleges that Mr. Comeaux built his own firearm suppressors, five in total, and did not register them or identify them by serial number as required by federal law. Mr. Comeaux is not a prohibited person prevented from possessing firearms under federal or state law.

Mr. Comeaux alleges that these statutes violate the Second Amendment on their face and as applied to him as that right has been interpreted by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (June 23, 2022).

The argument put forward is simple: the requirement to register arms and the requirement for arms to have serial numbers is a late comer to American jurisprudence, only occurring after 1911, far too late to be considered as a longstanding and accepted law within the right to keep and bear arms.

The Biden administration countered with three arguments.

1. Silencers are accessories, not "arms" protected by the Second Amendment.

2. There is a history of regulating "dangerous and unusual" weapons. Silencers are "dangerously unusual".

3. There is a historical tradition of regulation of commerce in firearms.  Therefore silencers can be regulated with serial numbers and registration.

From the government brief:

 In short, under Heller, even assuming that silencers are “arms,” within the meaning of the Second Amendment, they remain unusually dangerous and thus fall permissibly within this nation’s historical tradition of regulation.

On January 10, by United State District Judge David C. Joseph filed a memorandum which found for the Biden administration:

The government urges the Court to deny the Motion for two reasons. First, it argues that firearm silencers are not an “arms” within the meaning of the Second Amendment and therefore are not protected by it. [Doc. 27]. Second, the government argues that even if protected by the Second Amendment, the regulation of firearm silencers is “well in line with two historical traditions in this country: first, the historical tradition of regulating dangerous and unusual weapons and, second, the historical tradition of regulating commerce in firearms.” Id. at p. 4. Determining that firearm silencers qualify as “dangerous and unusual weapons” based on their historical use and function, the Court need not address the government’s other arguments.1

Analysis:

Judge Joseph ignores Bruen in making his decision. He cites no evidence of a historical requirement for serial numbers or for firearms registration before 1911. This is far too late to be applicable under Bruen. He cites various governmental entities and individuals as claiming machine guns, short barreled shotguns and silencers as being "not typically used for lawful purposes", claiming the lack of serial numbers and registration is what makes them not typical. He ignores the lack of any historical statute requiring registration and serial numbers.

All weapons are "dangerous". The government purposely seeks to confuse the issue by using three separate phrases interchangeably: "dangerous and unusual" (as used in Heller); "dangerous or unusual", not used in the Supreme Court decisions; and "dangerously unusual", not used in any Supreme Court decisions.

Neither the Biden administration nor the Judge attempt to explain a standard for what is in common use. The judge hides behind the requirement for registration and serialization, without finding any historical evidence in the law to show these practices were commonly accepted at any time before 1911, long after the Second Amendment was ratified. The Fourteenth Amendment does not apply because this is a federal law, not a state law. To claim the over three million silencers in lawful use do not count, because the federal government requires registration and serial numbers, begs the question.

Stun guns, with perhaps a couple of hundred thousand in use in the United States, were found to be "in common use" in the Supreme Court decision in Caetano. This correspondent did not see the Caetano decision cited in this case.

If weapons can be regulated because the government says they are "dangerous and unusual" there is no stopping point to prevent the government from regulating them out of existence.

Grounds for an appeal exist. It is not known what type of plea deal may be offered to Mr. Comeaux.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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LA: Victim Shoots CarJack Suspect

The victim, an adult male, was reportedly targeted by 23-year-old Johnathan Edwards in the 7300 block of Chef Menteur Highway in New Orleans East around 2 a.m. on Jan. 26.

Police say Edwards pulled on the door handle and told the victim to get out.

The victim fired shots at Edwards, striking him multiple times, the NOPD said.

 

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PA: Armed Victim Shoots Teen Assailaint

Police tell Action News there was a dispute between the 19-year-old driver of a Honda and the 38-year-old driver of a gray Ford.

Investigators say the driver of the Honda pointed a gun at the Ford driver. The Ford driver then pulled out a gun and opened fire.

The Honda driver was shot in the head, chest, arm and back. He left the area after the shooting but was later found on E. Westmoreland Street in the Kensington section.

"It's pretty amazing that after being shot multiple times, he was able to drive from G [Street] and Erie [Avenue] to 800 E Westmoreland [Street]. We know he was conscious and able to drive a vehicle," said Philadelphia Police Chief Inspector Scott Small.

Small says a relative brought the 19-year-old to the hospital for treatment, where he is also being held as a prisoner. He was listed as critical but is expected to survive.

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AZ : Man Shot while Attempting to Break into Home

Police said the suspect, who has been identified as Isaiah Roggenbuck, 24, attempted to force entry into the home when the homeowner shot him.

 Roggenbuck ran away after being shot but was caught a short time later and taken to the hospital for treatment of a gunshot wound.

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IN: Police Believe Terra Haute Fatal Shooting was Self Defense

Early Monday morning, police were called to the 3200 block of Harrison Avenue for a shots fired call.

That's where police said they found Frank Jenkins IV, 44, of Terre Haute. Police and medics worked to save Jenkins, but he later died.

Police believe the person who shot Jenkins acted in self-defense, adding they were threatened, confined, and battered over the last 24 hours.

 

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Quackenbush rifle in 1906 v Compact RB22 in 2023

 

Quackenbush Safety rifle, top was advertised at 4 1/2 lbs, with the 18 inch barrel. It is quickly disassembled to an 20 1/2 inch long package.

Rossi RB22 Compact. Quickly disassembled to a 22 1/2 inch package. Measured at 3 lbs, 5 ounces. Takes Phillips head screwdriver to disassemble.

The Quackenbush .22 rifle was popular a hundred and 20 years ago. Advertisements for the rifles are easily found. They were mostly sold mail order.

The prices for the rifles seem modest. A rifle with a wood stock and an 18 inch barrel cost about six dollars. The price of gold was fixed at $20 a Troy ounce. A day laborer might be paid $1 (and fed) for a 12 hour day of work. It was the beginning of the petroleum age. While people were far more productive than they had been a hundred years earlier, the industrial age with power machinery, cheap steel, cheap transport, and cheap food was just getting into full swing. 

The Quackenbush was a good singleshot rifle, by all accounts. It was developed before smokeless powder and non-corrosive priming became the norm. Today the norm is the semi-automatic rifle. Manually operated repeaters are still popular. They have an advantage as training arms and with silencers/suppressors, as the sound of the action is more easily controlled.

The Rossi RB22 Compact is a modern equivalent of the Quackenbush. It is very light, very compact, and inexpensive. The Quackenbush commonly had an 18" barrel, The RB22 Compact has a 16.5" barrel. The Quackenbush weighed 4 1/2 pounds. The RB22 Compact weighs 3 lbs, 5 ounces. The cost of Quackenbush model most comparable to the RB22 Compact, was $6.00 in 1906. 

There are several ways to compare prices from 1906 to today. Measuringworth is an excellent website which explains how prices can be compared, and supplies calculators to do comparisons in several ways.  Six dollars in 1906 would be worth between $767 and $367 in 2023. The $165 for the RB22 Compact would be about $1-$2 in 1906.

Quackenbush charged an additional 62 cents for globe and peep sights, about $25-$45 today. For the same price you can  equip the Rossi with an 8 ounce 4x scope, far superior to any rifle scope in 1906. With the Rossi's threaded barrel, you can add a suppressor for six more ounces. The Rossi with a scope and suppressor weighs a couple of ounces less than the Quackenbush.  Today, a person can have a scope sighted, bolt action, 10 shot suppressed repeater for about what it cost in equivalent dollars in 1906. Taken down, the Rossi is only two inches longer than the Quackenbush when taken down, and the whole package, with scope and suppressor weighs slightly less.

The Quackenbush rifle was 33 inches long, 20.5 inches disassembled. The Rossi 32.25 inches long, assembled (5 inches more with suppressor), 22.5 inches long disassembled.

A SilencerCo Sparrow .22 suppressor is $300, with an additional $200 tax in the USA. 

Rossi RB22 Compact $165  + $43 scope + $500 for suppressor and tax = $708 in 2023.

Modern machinery, cheap energy and digital computing power have combined to create extreme productivity, far greater than has ever existed in human history. Ammunition is much cheaper today than it was in 1906 equivalent dollars. You can purchase good quality .22 ammunition, in quantity, at 7 cents a cartridge (CCI Standard Velocity) and the ammunition is non-corrosive. It is more reliable and just as accurate as the ammunition was in 1906. A round  of .22 LR in 1909 cost about $1 in 2023 money. 

Inflation and Bidenomics are raising prices and reducing purchasing power. Now is a good time to stock up. 

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

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MS: Carrol County Mother of Three Shoots Career Felon who Crashed Truck into Home

Goss allegedly tried to enter through the front door but crashed his truck into the dining room. The sheriff said Goss carried a knife.

He found the family hiding in a closet, according to the sheriff; the mother shot him and he ran away.

Deputies later arrested him inside a store. They found him suffering from a single gunshot wound to the arm and took him to the local hospital, according to the sheriff.

 

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USPS reacts to Court Restoring Second Amendment Rights on Postal Property

In January of 2023, a Florida federal district Court restored the right to keep and bear arms on United States Postal Service (USPS) property. The court ruled a statute banning the possession of guns on USPS property, dating from 1972, was unconstitutional under the Second Amendment.  At this time, the ruling only applies to the individual case in Florida. The USPS has issued a statement, aimed at employees, stating the USPS policy has not changed. From the USPS:

A recent Florida district court decision is being misreported or may be misinterpreted as holding that the Postal Service’s ban on carrying firearms — either openly or concealed, or storing them on USPS property — is unconstitutional.

In fact, the case dealt with a different federal statute and does not involve the Postal Service’s regulation. Therefore, it does not change the organization’s policy.

Employees are reminded that carrying or storing firearms, other dangerous or deadly weapons, or explosives — either openly or concealed — on USPS property is prohibited and can result in discipline up to and including removal from the Postal Service, as well as potential prosecution.

An outlet dealing with the federal government, focusing on issues which matter the most to "federal agency managers, policy makers and contractors", quotes USPS spokesperson Jim McKean. From the Federal News Network:

“The Postal Service regulates its facilities for the safety, economy, and convenience of customers and employees engaged in postal business nationwide. One Postal Service regulation in this regard prohibits the possession or storage of firearms on real property under the charge and control of the Postal Service, and that regulation was upheld by a federal court of appeals in 2015,” McKean said. “We are evaluating the interplay between our regulation and the recent interpretation of the broader federal criminal statute and determining the appropriate next steps.”

The case which spokesperson McKean referred to is Bonidy v. USPS. The case was decided in the Tenth Circuit during the period when several circuits were actively working to gut the Second Amendment. Their preferred method was to limiting the Heller and McDonald decisions as applying only in the home, and as being subject to "intermediate scrutiny".  From the Tenth Circuit case, Bonidy v. USPS at Courtlistener

We have jurisdiction under 28 U.S.C. § 1291 and conclude that the regulation is constitutional as to all USPS property at issue in this case, including the Avon Post Office parking lot, because the Second Amendment right to bear arms has not been extended to “government buildings.” Government buildings, in this context, includes the government owned parking lot connected to the U.S. Post Office. Alternatively, even if we were to conclude that the parking lot did not qualify as a “government building,” we would uphold this regulation as constitutional as applied to the parking lot under independent intermediate scrutiny.

The Supreme Court refused to grant a writ of certiorari in the case. This correspondent wrote of it at the time. From Gun Watch March 22, 2016:

It is easy to under stand why Second Amendment supporters on the Court would not want to hear this case at this time.  Antonin Scalia is dead.  There are now only 3 justices on the Court who can reasonably be counted on to uphold the Second Amendment.  They do not want to hear a Second Amendment case that could be used to gut the Amendment.

We do not know who voted to hear the case or not.  But I am not surprised that the Court decided not to hear this case.

With only eight justices on the Supreme Court, it was reasonable not to hear the post office case.

Analysis:

Consider the incredible events which have occurred since March of 2016. Donald Trump was elected President. He nominated and appointed to the Supreme Court three new justices to replace Scalia, Kennedy, and Ginsburg.  The logjam of dedicated Progressive judges on the Supreme Court was broken. For the first time in seventy years, there exists an arguably originalist and textualist majority on the Supreme Court, judges who claim to interpret the Constitution as it was written, not as they wish to use it to advance Progessive policy.

The Bruen decision on the Second Amendment, published on June 22, 2022, told the Circuit courts their attempts to gut the Second Amendment were in error. Justice Clarence Thomas wrote a clear, easy to understand decision explaining the Second Amendment means what it meant when it was adopted. It is not the business of the Supreme Court to change the meaning, but to enforce the meaning as adopted. To this end, restrictions on the rights protected by the Second Amendment are only legitimate if they were common and accepted at the time the Second Amendment was ratified. Fourteenth Amendment considerations do not come into play for federal laws and regulations.

There were no federal restrictions on carrying weapons in post offices until 1972. Federal restrictions on carrying guns in post offices are obviously unconstitutional, as Judge Mizelle found.

Restrictions on federal employees are different. They may be controlled by labor law and union contracts.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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IL: Chicago Armed Victim Shoots at Armed Robber

 Police corrected the account to say the armed robber was not grazed by a bullet.

 

CHICAGO — A 17-year-old boy narrowly escaped with his life after a concealed carry holder shot him as he robbed a Northwest Side burrito stand on Monday night, according to Chicago police.

The well-known troublemaker pulled a gun on the staff at Taco Burrito King, 5413 West Belmont, around 9:35 p.m. and demanded cash from the register. Things went smoothly at first, with the cashier handing over money as instructed.

But then a “male victim” inside the restaurant who is a licensed concealed carry holder confronted the teen, Chicago police said in a media statement. The man pulled out his firearm and started shooting. Some bullets flew through the restaurant’s windows; another grazed the boy’s arm.

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TX: Gunfight Wichita Falls, Resident is Wounded, One Invader Killed, One Wounded

They found three people shot. All three were taken to United Regional Health Care where one person was pronounced dead. Police identified him as Quincy Moore, 32.

One of the wounded people, a 33-year-old man, told officers he lived in the apartment where the incident happened. According to a WFPD news release, the man said two men brandished guns and tried to rob him.

The resident also had a gun and exchanged shots. The other person who entered the apartment and was shot is in serious condition, according to WFPD. The resident was treated at the hospital and released.

 

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TX: Resident of Apartment Shoots two Intruders

Imperial Valley near Highland Cross - caller advised she shot at a male and female trying to come into her apartment at the Glen Cove Apartments, after they made forced entry into her apartment. Deputies and EMS arrived, the female suspect is deceased, the male suspect is being transported by ambulance to the hospital.

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SC: Domestic Defense Gilrfreind Shoots, Wounds Danny Sanders

They say 48-year-old Danny Sanders was arrested after allegedly getting into a physical fight with his girlfriend.

The girlfriend then shot Sanders in self-defense, according to deputies.

Sanders was arrested and charged with domestic violence in the 2nd degree and malicious damage after he fled the scene.

He was taken to the hospital for his injuries.

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Connecticut Law Allowing Defense Against Bears, Florida Considers Similar Bill

 Image by Troy Nemitz, with permission.

Connecticut has passed a law allowing bears to be shot if they are or are about to injure people or pets, or entering a building occupied by people. Florida is considering a similar, but broader measure.

As black bear populations have increased across the United States, more people and bear conflicts are occurring. Before 1960, bears had been considered a problem to be taken care of. In most states they could be shot as pests. There was a legacy understanding - bears make for bad neighbors. Bears would kill your pigs, destroy your apple orchards, and your bee hives. Before 1950, a large majority of people understood bears could make the difference between hunger and plenty. If they had not experienced farm life themselves, their parents and grandparents had. In the 2020s, people in suburbia are re-learning what their great grand parents knew a hundred years ago. Bears make bad neighbors. From Little House in the Big Woods:

Pa owned a pig. It ran wild in the Big Woods, living on acorns and nuts and roots. Now he caught it and put it in a pen made of logs, to fatten. He would butcher it as soon as the weather was cold enough to keep the pork frozen.

Once in the middle of the night Laura woke up and heard the pig squealing. Pa jumped out of bed, snatched his gun from the wall, and ran outdoors. Then Laura heard the gun go off, once, twice.

When Pa came back, he told what had happened. He had seen a big black bear standing beside the pigpen. The bear was reaching into the pen to grab the pig, and the pig was running and squealing. Pa saw this in the starlight and he fired quickly. But the light was dim and in his haste he missed the bear. The bear ran away into the woods, not hurt at all.

Laura was sorry Pa did not get the bear.

Laura was sorry, because bear meat was very good to eat.  People today have difficulty believing having enough to eat was a significant worry for most people before 1900.

In April of 2023, a bear in Connecticut was killed by state agents after breaking into numerous homes in Connecticut. Bear problems have been increasing in the state for many years, along with an increasing bear population.  The legislature crafted a statute to restore the historical norm. If a bear posed an eminent threat to  people or pets the people could kill the bear. The bill passed in June of 2023. It went into effect October 1, 2023. From ct.gov.com:

(c) Nothing in this section shall be construed to prevent any person from using deadly physical force to kill a bear if such person reasonably believes that a bear is: (1) Inflicting or is about to inflict great bodily harm to a human, (2) injuring or killing such person's pet that is otherwise controlled in accordance with any applicable provision of the general statutes or any regulation adopted pursuant to such a provision, or (3) entering a building occupied by persons.

Florida is considering a similar bill, SB632:

379.40411 Taking of bears; use of lethal force in defense of person.—

(1)(a)The use of lethal force to take a bear without a permit or authorization required under this chapter is justified if a person feels threatened and believes that using such force is necessary to protect himself or herself on his or her private property.

The proposed Florida statute is more comprehensive than the Connecticut statute. Bears which spend a lot of time in suburban neighborhoods become serious problems.  The Florida bear population has grown significantly. It was over 4,350 in 2016, roughly double what it was in 2006. With natural increase, the bear population would be expected to be over seven thousand in 2024.

Analysis:

Humans decide how many problems, created by bears, they are willing to tolerate in different areas. Black bear populations in Florida and Connecticut are not threatened. They are growing. Eventually there will be sufficient conflicts for suburban problems to overcome Disney programing. Pressure will be exerted on the legislature to allow people to protect themselves, their property, and their pets. Bears are fine in their place. Like all animals, it is up to humans to decide what places bears are allowed to occupy.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Gunfight leads to Arrest of Teen who Stole Tip Jar

Pittsburgh Police say the incident began after a 17-year-old boy, identified in court documents as Marcus Glass, stole a tip jar from Las Palmas on the 1600 block of Broadway Avenue. He ran out of the store and police say he began shooting at employees who chased after him. The employees then shot back. No one was injured during the exchange.

After responding to calls about the gunfire, police set up a perimeter in the area and officers began looking for Glass.

Glass was caught after a K9 found him in the 1600 block of Belasco Avenue. He was taken to a hospital to be medically cleared.

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IN: Car Theft Suspect Arrested by Citizen

A person living at that address — a corrections officer at an Indiana prison — said he was letting his vehicle warm up in his detached garage before leaving for work.

When he went out to get into the car, he allegedly found Harless in the garage, "messing" with the vehicle.

The man said Harless produced a handgun and pointed it at him, telling him to "give him his car."

However, Harless then fled from the garage, the man said, adding that he then removed his own handgun from his vehicle and followed the intruder into an alley.

At that point, he told police, Harless "stopped, turned toward him and pointed his handgun at him."

The car owner fired a single shot at Harless, striking him in the arm, according to the court document.

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TX: Domestic Defense, Lampasas County Son Shoots, Kills Stepfather

According to the sheriff's office, Hyatt's stepfather, Crain, showed up to his home located in the 2100 block of Country Road 3790 with a nine-millimeter and a .40-caliber pistol holstered on his hip. 

Hyatt told the sheriff's office that Crain had allegedly began making threats against him and his mother, who was not home at the time. Crain allegedly threatened to shoot himself and Hyatt. 

According to the sheriff's office, Hyatt said he tried to deescalate the situation as he feared for his life and his mother's. Hyatt told authorities that Crain turned to the doorway and accidentally dropped the nine-millimeter pistol he had in his hand. This is when Hyatt reached into his nightstand to grab his personal handgun and fired twice at Crain, striking him in the back and armpit area. 

Hyatt told the sheriff's office he then secured all of the weapons and attempted to perform life-saving measures on Crain, but he died. 

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MO: Mall Shooting was between two groups of Young People

Police said the shooting broke out during an argument among two groups. It created a wide crime scene where a lot of people likely saw what happened but scrambled to get away as fast as possible.

Investigators also found two additional people, not related to the altercation, who fired off weapons in response to the initial gunshots. Both individuals have been identified and have spoken with detectives. One has been identified as a visitor in the food court area, and the other was a member of Crown Center security.

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TN: Wewoka Shooting appears to be Self Defense

Andrew Faulkner, 21, was shot and transported to a local hospital where he later died, the Oklahoma State Bureau of Investigation says.

 The scene was near South Hitichite Avenue and West Ninth Street. Police were called to the residence around 6 p.m., according to OSBI.

A post from District Attorney Erik Johnson says the shooting appears to be in self-defense.

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TX: Domestic Defense, Woman Shoots Estranged Husband

The fatal shooting involved the woman and her estranged husband, according to deputies. There was an earlier call that day but no charges were filed or arrests were made. The estranged husband returned to the home later, kicking in the door despite being previously told to leave. The woman responded by shooting him.

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TN: Chattanooga Armored Truck Guard Shoots Armed Robber

The guard just left a business with a bag of money when Johnson ran up with a gun. He then demanded the bag of money, CPD explained.

That guard then shot at Johnson twice, striking him. However, police say Johnson left the scene in a getaway car.

Later, CPD learned that a man showed up to a local hospital with gunshot wounds that were not life-threatening. Officers went to the hospital and determined that the person shot matched the description of the robber.

Chattanooga Police found the getaway vehicle, which was recently reported stolen, abandoned on Hickory Valley Road.

Investigators served arrest warrants to Johnson and charged him with the following:

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British Columbia Bear Hunting Ban not what it Seems

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

 

On December 18 of  2017, the Canadian Province of British Columbia banned hunting of grizzly bears, except by indigenous tribes. It appears to be a natural experiment which will help determine the effects of grizzly bear hunting practices. Tribes known as "First Nations" are allowed to kill bears. The exact effect of the ban is not clear or precise. Taltan hunters still hunt the bears, but they are not killing enough of them.

But when the B.C. government banned the grizzly bear trophy hunt in 2017, the system was thrown out of whack. While the Tahltan could still hunt for food, social and ceremonial purposes, sport hunting, which took about 100 bears a year from the territory, was strictly prohibited. 

Since the ban, members of the Tahltan have reported increasing numbers of grizzlies in their territory, which spans nearly 100,000 square kilometres, Day said. Community members have also reported that those bears are becoming more aggressive toward humans. More grizzlies also means fewer fish and ungulates, important food sources for the community, according to Day.

The Tahltan aim to kill 100 grizzly bears, 150 black bears, and 250 wolves.

The Tahltan territory is about 11% of British Columbia. The "ban on hunting" is not much of a ban in a territory where the residents have a $1,000 incentive to kill grizzly bears. Grizzly bears are difficult to hunt and kill, so the $1,000 incentive is needed.  It is unknown how many other tribes regularly kill grizzly bears or how much territory is covered. It appears grizzly bears have been significantly devalued in Tahltan territory. Outside hunters formerly paid $15,000 or more for the privilege of hunting and killing a trophy grizzly bear.

The B.C. government has made a choice. They prefer to see grizzly/brown bears kill ungulates rather than have people kill ungulates.

Prior to the ban on hunting by everyone but First Nations, the permits aimed for about 682 bears to be harvested each year. This is about 4.5% of the bear population, and has maintained a large and stable population of 15,000 grizzly/brown bears. Bear hunts brought in a significant amount of cash to the tribes.  From Meateaters.com:

According to Natural Resources Minister Doug Donaldson, the decision to end the grizzly bear hunt in B.C. had less to do with the status of the bear population than the public’s general perception of grizzly bear hunting.

“People in the province have come to their understanding, their point of view that the trophy hunting of grizzly bears is not a socially acceptable practice in B.C. in 2017,” Donaldson told the Globe and Mail around the time of the ban. “We recognize that there will be some loss of revenue in small communities from many aspects.”

With the announcement of the ban, Donaldson and other members of Canada’s New Democratic Party (NDP) were able to make good on a much-celebrated campaign promise.

The primary promoter of the British Columbia ban on grizzly bear hunting was Nature United, a radical deep green organization. Nature United is primarily funded by the Nature Conservancy. From Nature United:

We are the Canadian affiliate of The Nature Conservancy, a global conservation organization with more than a million members and a diverse team that includes more than 400 scientists.

Analysis:

The ban on grizzly hunting is a philosophical statement. It is funded by people who do not have to live with the consequences of their actions. The B.C. system has maintained a stable grizzly population with numerous beneficiaries. Those who benefited were outspent by outside funding, relying on emotion. As hunting is still practiced by the tribes, the change will primarily be who kills grizzly bears, and how much grizzly bears are valued. It remains to be seen if tourism to view grizzly bears will produce as much income as income from hunting bears. Grizzly bear hunting in British Columbia has not stopped. The number of people eligible to hunt has been dramatically reduced.

 

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

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IL: Peoria, CCW from out of State Shoots, Kills Robbery Suspect

The shooting occurred at about 5 p.m. in a nearby alley in the 2100 block of West Lincoln Avenue where the would-be buyers were led by the purported sellers.

“The investigation has determined that this was an attempted robbery setup and there was no intention to sell a vehicle,” Roth said.

Once they got into the alley, several people tried to rob them. A struggle ensued and shots were fired by the would-be robbers as well as one of the people who were being robbed. A suspect in the robbery was hit and died at the scene. Roth said.

The robbery victim who fired a shot was a legal gun owner in another state and had a license to carry the weapon from one state to another. He was released without any charges.

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FL: Federal District Judge Finds Ban on Guns in Post Offices to be Unconstitutional

On September 14, 2022, at a Tampa, Florida Postal facility, agents of the Postal Inspector attempted to arrest Emmanuel Ayala, a postal worker, for possessing a firearm on postal property, in violation of 18 U.S.C. § 930(a). Ayala had a valid Florida Concealed Carry Permit. He often carried a 9mm pistol in a fanny pack, for self defense.

Ayala fled from postal inspector agents, so a resisting arrest charge was included. An indictment was filed more than a month later. A warrant was issued on October 27th, and Ayala was arrested on November 16, 2022.  Counsel was appointed and Ayala was released from custody on the same day, and discovery was ordered in the case.

Ayala filed a motion to dismiss the case, citing the Supreme Court Bruen decision on January 5, 2023. The Bruen decision restored Second Amendment rights which have been infringed for several decades.

On January 12, 2024, United States District Judge Kathryn Kimball Mizelle, filed the order dismissing the charge of possessing a firearm in a federal facility as violating Ayala's Second Amendment rights. From the order on courtlistener: The 18 U.S.C. § 930(a) charge is found to be unconstitutional

The United States indicted Emmanuel Ayala, a postal worker, for possessing a firearm in a Federal facility in violation of 18 U.S.C. § 930(a). Ayala argues that statute is unconstitutional as applied to him because the historical record does not support a law banning firearms in post offices. See N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). Relying on dicta from earlier cases, the United States responds that the Second Amendment allows it to punish the bearing of arms inside any government building. But the Supreme Court has been clear: the government must point to historical principles that would permit it to prohibit firearms possession in post offices. See id. at 17, 24. The United States fails to meet that burden. Thus, I dismiss the § 930(a) charge because it violates Ayala’s Second Amendment right to bear arms.

Judge Mizelle noted the Biden administration gave short shrift to historical analysis of the case. She was not required to do historical analysis.  Historical analysis to find support for a gun control law is the burden of the prosecution in Second Amendment cases. Judge Mizelle undertook extensive historical analysis for her opinion, as she could elect to do. Here is a summation of her findings from page 11 of the filed opinion;

Since the Post Office’s creation, mail carriers have faced the risk of violence. Passengers of nineteenth-century stagecoaches, which carried mail, “risked death or injury if coaches were attacked by robbers or Indians.” USPS, AN AMERICAN HISTORY at 5, 17. Recognizing this reality, Congresses in the first half of the nineteenth century appropriated money to reward individuals who helped apprehend postal robbers. See, e.g., An Act for the Relief of D.W. Haley, ch. 66, 25 Stat. 713 (1838). In the latter half of the nineteenth century, when locomotive became the dominant way to move mail, bandits threatened postal workers aboard trains. Colorado Train Robbers, N.Y.TIMES, 2 Sept. 1891, at 8. Yet the federal government never sought to ban firearms to protect employees or secure mail delivery. In fact, when mail train robberies became a growing threat in the early twentieth century, the Postmaster General armed railway mail clerks with “government-issued pistols” from World War I. USPS,AN AMERICAN HISTORY at 23, 107.

The ban on firearms in post offices is very recent. It was put in place in 1972. There is no historical precedent to indicate a ban on carrying weapons in post offices ever existed prior to 1972.  Judge Mizelle dismissed the notion the government could ban firearms because it owned the property. Judge Mizell stated there was no historical precedent for such an interpretation. If the government were given such power, it would be a backdoor ban on the right to bear arms.

Ayala still faces charges of resisting arrest. He has filed a motion claiming the resisting arrest charge is moot because the arrest was not valid if the law was unconstitutional.

Future court proceedings will decide the resisting arrest issue.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MI: Detroit Homeowner Shoots, Kills Intruder

DETROIT – A homeowner has shot and killed a man who broke into his house on Detroit’s west side.

The incident occurred on Monday (Jan. 15) at 2:40 p.m. in the 18600 block of Rutherford Street.

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Fourth Circuit to hear Maryland Second Amendment case En Banc

Maryland State Flag

 

On January 11, 2024, the United State Court of Appeals for the Fourth Circuit agreed to re-hear the case of Maryland Shall Issue v Wes Moore

A three judge panel found the Maryland law infringed on Second Amendment rights to acquire handguns and was unconstitutional under the Supreme Court Bruen decision of 2022. The three judge panel filed the split decision on November 21, 2023.

This is a long running court case challenging numerous infringements required by the Maryland law. The case started in 2016. 

On December 5, 2023, the defendants (essentially the government of Maryland), filed for an en banc hearing of the case before the entire Court of Appeals for the Fourth Circuit. The government of Maryland, in their petition for an en banc review, showcase an alarming misunderstanding of the Constitution and the Bruen Supreme Court decision. They claim the Bruen decision actively promoted the concept all "Shall Issue" laws are acceptable under the Second Amendment. This comes from a misreading of Judge Kavanaugh's concurrence. As such, it is only Judge Kavanaugh's opinion. From the Bruen decision, Justice Kavanaugh concurring:

I join the Court’s opinion, and I write separately to underscore two important points about the limits of the Court’s decision.

First, the Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court’s decision does not affect the existing licensing regimes—known as “shall-issue” regimes—that are employed in 43 States.

Supreme Court decisions only apply to the issues raised in the case. The question of whether Shall Issue laws are constitutional was not raised, which is why the Bruen decision does not prohibit them, at this time.  More from the Kavanaugh concurrence:

Going forward, therefore, the 43 States that employ objective shall-issue licensing regimes for carrying handguns for self-defense may continue to do so. Likewise, the 6 States including New York potentially affected by today’s decision may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States.

The petition by the government of Maryland makes the claim the Kavanaugh concurrence is a direct endorsement of all "Shall Issue" laws. From the Petition for Hearing En Banc: 

And there is no indication that the Court’s shall-issue discussion was limited to public-carry, as opposed to permit-to-purchase, regimes. Indeed, such a conclusion would be directly contrary to the fundamental principle animating Bruen: that the right to keep and the right to bear are on equal footing. See Bruen, 142 S. Ct. at 2134, 2156 (noting that “[n]othing in the Second Amendment’s text draws a home/public distinction,” and that the right to public carry was “not a ‘second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees’”).

It is an interesting bit of wordsmithing, claiming an infringement on one half of the right to keep and bear arms, justifies the same infringement on the other half. You have to be able to acquire a handgun in order to carry one.  If restrictions are imposed both on acquiring and carrying, as the Maryland law does, the restrictions are additive, not parallel. The government petition claims the Maryland law meets the history test of Bruen, because if it did not, all "Shall Issue" laws would be at risk. Constitutional rights are not bounded by the possibility of upsetting existing law. 

There is no tradition or history of requiring permits, training and permission from a governmental authority in order to acquire handguns. All of those infringements came to the USA very late, as states worked hard to prevent disfavored minorities from acquiring handguns, after the slaves were freed.

The strategic thinking by those who hate limits on governmental power appears to be to delay, delay, delay. If the restoration of Second Amendment rights can be delayed long enough, who knows? Maybe the Democratic Party will be able to pack the Supreme Court with Progressive judges, as was pushed hard just three years ago. Maybe an originalist, textualist judge or two will die, so President Biden can change the court. Maybe someone will find CD's from Epstein's Island, with Justice Roberts on it. Perhaps the horse will learn to sing.

Hatred for the Second Amendment and any limitation on government power is in Progressive DNA.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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OH: Gunfight at Attempted Gun Sale, two shot, two Arrested

Two men are in custody and one man is still hospitalized following a shooting Sunday night at a Madison Twp residence, according to the Butler County Sheriff’s Office.

The double shooting happened shortly before 7 p.m. in the 4800 block of Eck Road and apparently stemmed from the sale of a gun, according to Butler County Sheriff’s Capt. Rick Bucheit.

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TN: Bimble Resident Shoots Man attempting Forcible Entry

At approximately 7:41 pm, Knox County 911 received a call of a shooting on Higgins Hollow Road in the Bimble community. Knox County Deputies responded to the scene along with Knox County EMS.

Detective Jesse Smith has determined that a male individual was attempting to gain forcible entry into a residence when he was shot by an occupant of the home.

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Stay on California Carry Dissolved by three judge Panel in Ninth Circuit

 

On December 20, 2023, US District Judge Cormac J. Carney issued an order granting a preliminary injunction against the defendants (the State of California government). The injunction stopped the state from enforcing the blatantly unconstitutional SB-2 law declaring most of California as "sensitive places" where even licensed concealed carriers were forbidden to carry arms in public.

The state asked for an order to stop the injunction from going into effect on December 22, 2023. The stay was granted on December 30, 2023, by an administrative three judge panel of the Ninth Circuit. The stay was appealed to the Ninth Circuit three judge merits panel on January 3, 2024. From the appeal:

With the December 30, 2023, administrative stay of the District Court’s December 20, 2023 injunction, (Dkt. No. 17) the Second Amendment-protected right to carry a firearm outside of the home has been effectively destroyed in California for all people with concealed carry weapon permits (“CCW permits”). 1Plaintiffs-Appellees, as well as all other Californians with existing CCW permits, can no longer carry their handguns in any public place except some streets, sidewalks, and at the few private businesses that have posted signs affirmatively allowing carry on their private-premises. This extraordinary curtailment is the result of Senate Bill 2 (“SB 2”) taking effect this week.

SB 2 was enacted in response to the United States Supreme Court’s landmark ruling that recognized a “general right to publicly carry arms for self-defense.” New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1, 31 (2022). SB 2 thus represents California’s attempt to defy the U.S. Supreme Court and it not the district court’s preliminary injunction -- interrupts the status quo ante of “where” people with carry permits can exercise their right to armed self-defense. California’s defiance includes a plan to lure this Court’s into treating the Second Amendment as a disfavored right. But doing so would gut the right of self-defense and put peoples’ lives in danger. That is the urgency that attends the State’s motion for a stay. That is the reason this motion must be addressed in haste.

On  January 6, 2024, the emergency stay was dissolved by the three judge merits panel. Only two of the three judges on the merits panel were available. Both of them agreed to keep the injunction preventing the California law, SB-2, from going into effect. Both agreed to deny the stay pending appeal.

The administrative stay previously entered (Docket Entry No. 10 in 23-4354; Docket Entry No. 17 in 23-4356) is dissolved. The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356) is denied pending further order of the court.

The three judge merits panel has restored the status quo to California concealed carry permit law to what it was before the unconstitutional SB-2 was passed.  The plaintiffs  reminded judges the ability of judges to carry in public places was put in jeopardy by SB-2. The Introduction started with these words:

Judges, prosecutors, victims of stalkers and domestic violence, and even people who are targets for robbery

Many judges in California have carry permits. SB-2 took away judges and prosecutors rights along with all others who have California carry permits. Judges and are not granted a special privilege to carry without a permit, as they are in some states. They can usually get permits easier than "common folk", but they are still required to obtain a permit.

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

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TN: Man Breaks into Camper, attacks Residents, is Shot, Killed

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NC: Fleeing Felon tries to hide in Home, Forced out at Gunpoint

Narcotics agents arrived in the 1000 block of James Street to execute a search warrant when Phillip Howard Fortune, 30, ran away from the front yard towards a wooded area behind the home.

Fortune continued running to Vance Street, where he broke into an occupied residence in an attempt to hide from agents, officials say. However, he soon fled that home as well after the homeowner confronted him with a gun, according to Sheriff Brian Estes.

Fortune continued to run and was captured by agents.

 

 

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OK: Bartlesville Woman Shoots Strange man who Broke into her Apartment

Bartlesville Police say a woman shot and killed a man who broke into her apartment.

Police say the man was 23 years old and that the woman told police she didn’t know him.

Neighbors say the thing that surprised them the most is they didn't expect something like this to happen in broad daylight when families are getting ready for work and kids ready for school.

Bartlesville Police say a woman called 911 this morning and said someone was breaking into her apartment, then said she'd shot the intruder.

 

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US a "Shining City on a Hill" with Second Amendment

The United States Constitution and the Second Amendment are shining examples of freedom and limitation on government power over much of the world.  The Second Amendment and the right to keep and bear arms are envied by millions of people in the rest of the world, very plausibly by hundreds of millions. They are particularly envied where the governments are known to be corrupt and common people are disrespected, intimidated, and lorded over. Cuba and Venezuela come to mind. An incident in Panama from 1989 is illuminating. 

In 1989, this correspondent was working for the U.S. Army. Through a series of fortuitous events, I was assigned one of the posh residences on Ancon Hill, near Gorgas Army Hospital. As the U.S. economic embargo against the Noriega regime tightened the economic screws, the poorest people were suffering. Ancon Hill is next to the border of the old Panama Canal Zone. A couple of beggars managed to make it up to the residences to ask for work and food. 

My policy was to require a little work and to give them a dollar or two and a couple of cans of food. One of them spoke pretty good English, and we were able to converse a bit about the state of affairs. He was an educated man, about 50, who was not happy with El Presidente Noriega. He opined the same situation could never happen in the United States.

"¿Por qué?" I asked, in my very bad Spanish.

"Because", He said, "In the United States everyone has guns. The Rifle Association will not let them take the guns." I was amazed. Here was a Panamanian man, a poor man, who knew more than many Americans about the purposes of the Second Amendment. We had a good conversation. I had him sweep a few feet of sidewalk, gave him a couple of dollars, a couple of cans of food, perhaps something from the refrigerator to drink, as I recall. It was over 34 years ago. I may have recounted this incident elsewhere. If there are minor variations, blame it on an imperfect memory.  I never saw him again. We were evacuated from Panama shortly after, and shortly after that, Panama was invaded by the United States. Much of the action happened a couple of miles from my former residence on Ancon Hill. 

Something similar has happened in correspondence with people in other countries, or talking with immigrants to the USA, and in news articles here and there.

In much of Brazil, there is a desire for more access to arms for self defense. It was one of the main policies of President Bolsonaro. In Argentina, President Milei has been elected with removing restrictions on the access to arms as one of his promised policies. In Nigeria, political candidates are calling to have more access to arms for self and community defense. 

From Punch: 

This is not the first instance where a political figure is championing for Nigeria’s right to bear arms.

The House of Representatives Majority Leader, Alhassan Ado-Doguwa, in 2022, said Nigerians must be allowed to take up arms and defend themselves against terrorists.

The then Governor of Benue State, Samuel Ortom, in 2020 also reiterated his appeal to the Federal Government to allow responsible Nigerians bear arms to defend themselves.

In the Czech Republic, the right to armed self defense has been included in their Constitution, although it is a weak shadow of the Second Amendment. 

Israel is making it a little easier for private people to bear arms for their own defense. Their laws are still some of the most restrictive in the world. 

There are those who think Americans are barbarians who are extremely stupid to allow their commoners to have free access to guns. Those same people are often happy to be shielded by American naval power and America's atomic arsenal.

None of the foreigners I talked to believed the Second Amendment did not apply to individuals, even those foreigners who denigrated the right.  All of them believed the USA was the most armed country in the world, because of the Second Amendment. The meaning of the Second Amendment was clear to them, even if they disagreed with it. 

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

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PA: Wrestling Star Blk Jeez Survived Carjacking Attempt by Returning Fire

PHILADELPHIA - National Wrestling Alliance (NWA) star and cancer survivor Blk Jeez, legal name Darnell Kittrell, survived an attempted carjacking on Thurs., January 11, at approximately 7 p.m. in Philadelphia. Kittrell, who was in his vehicle, was approached by four masked men. In the course of the incident, one of the assailants shot Kittrell in the hip, resulting in a non-life-threatening injury.

Kittrell, who possesses a permit to carry a gun, used his legally registered firearm to defend himself and returned fire. The suspects fled the scene, and investigators are currently reviewing surveillance footage for leads. Kittrell was taken to a local hospital and is recovering. 

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AR: Domestic Defense, Man Shot by Woman

Springdale Police Sgt. Matt Ray said the department got a call about a disturbance at 634 N. 40th Street around 12:30 a.m.

When officers arrived, they found one person had been shot. Police said Kevin Marquez-Argueta was shot in the face during an altercation with a woman. Police said when the woman's child tried to stop Marquez-Argueta from hitting the woman again, Marquez-Argueta pushed the child into a door. Police said the woman then shot Marquez-Argueta in the face.

Police said he was taken to a nearby hospital with non-life-threatening injuries.

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WA: Tenino Self Defense shooting under Investigation in Thurston County

When law enforcement personnel arrived at the scene, “they confirmed there was a shooting, and one person was deceased,” according to the news release. 

Detectives responded to the scene and interviewed the shooter and witnesses, according to the news release.

“While the investigation is ongoing, initial information, including witness statements, evidence on the scene and video surveillance, it appears the shooting was in self defense,” the Thurston County Sheriff’s Office said in the news release, adding that there was no evidence to indicate any of the involved parties or witnesses knew the decedent.

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MD: Roommate Shoots Roommate who came at him with Knives

According to the charging documents, Bennaugh called 911 just after 12:30 p.m. Wednesday and told operators he shot his roommate after an altercation between 5:30 a.m. and 6 a.m. that day. He told emergency call takers "his roommate had come at him with knives and that he shot him,"the charging documents state.

The documents list a detailed timeline of what Bennaugh told investigators happened before shots were fired. He said he went to the second floor to sleep on the living room sofa around 2 a.m. and woke up just after 5:30 a.m. to the sound of Scott Hayes in the kitchen "making a lot of noise." A few minutes later, Scott Hayes reportedly yelled and asked where the remote was.

Bennaugh said he ignored him and heard him walk behind the living room sofa, asking several times where the remote was. Bennaugh said he removed the blanket on top of his head to find Scott Hayes with two large knives, which prompted him to grab a handgun and point it at his roommate.

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India Court finds Firing Pistol in Self Defense not Illegal under the Arms Act

Lucknow is not far from Nepal on the map

On January 13, 2023, a conflict occurred at an apartment complex opposite the Ghazipur police station in Indiranagar, Uttar Pradesh state, Lucknow, India. Lucknow is in north central India, not far from the border of Nepal. The conflict was reported to include two groups of young people in a dispute, a bit before midnight. Early reports said the dispute was over a parking spot, or possibly a complaint of the lack of a security guard. One of the people in the dispute, Sunil Dutt Tripathi, was attacked and suffered injuries. He fired his licensed "Glock" pistol in the air to stop the attack. No one on the other side of the dispute was injured, according to documents filed with the High Court in Lucknow, the capital of Uttar Pradesh, in a decision released in January of 2024, about a year later.

The day after the incident, the treasurer of the residents' association filed a complaint with the police, claiming Tripathi had attempted murder. From indiatimes.com: 

“Sachin and his associates started firing on us with an intention to kill me and others. There was a stampede-like situation as people started running helter-skelter. Luckily, no one suffered any injury,” Arora alleged.

By January 15, 2023, the local police charged Tripathi with several crimes, including attempted murder, and impounded his pistol, which was legally licensed.   Tripani was released on bail. It appears the charges were dropped.  No proceedings were initiated to cancel his firearms license.  The police refused to return the pistol and cartridges, claiming Tripani had violated the conditions of Section 30 of the Arms Act. Tripani appealed the decision to the Allahhabad High Court in Lucknow. The High Court found firing a licensed weapon in self-defense is not a violation of the Arms Act:

Section 30 of the Arms Act declares violation of the conditions of Arms License as an offence, but firing from a licensed weapon in self-defense is a violation of which condition of the Arms Act, neither has the learned Magistrate mentioned in the impugned order dated 02.11.2023 nor was the learned Additional Government Advocate able to tell the Court.

The High Court noted Tripathi and the people he was defending were the only people injured in the dispute, and no one was injured when Tripathi fired his "Glock". The High Court ordered the pistol and ammunition returned to Tripathi. 

Analysis: 

The neighborhood mentioned where the dispute occurred is described as a "posh" one, owned and operated by the government, with 400,000 residents. It is not a slum. India is a socialist country of sorts.

It is very difficult and expensive to obtain a permit to keep and carry a pistol for self-defense in India. If the pistol was actually a Glock (firearms reporting in India is even worse for technical details than in the USA), the cost of the pistol would be several thousand U.S. dollars, minimum. More likely it was a .32 semi-auto made in India. It is very difficult and expensive to obtain firearms made outside of India, in India.  If there were a credible case against Tripathi, it is unlikely the pistol would have been returned.  There would be ample evidence to show he violated the terms of his pistol license. The expense and difficulty of obtaining a license in India limit them to people of considerable means. This explains his ability to challenge the refusal of the police to release his firearm. In spite of India's notorious "red tape", all of this happened in less than a year. This case may set precedent in India, showing firing a licensed gun in self defense is legal conduct.

A case in California, where millions of dollars of guns were impounded because of bureaucratic errors, was resolved in eight months. In the California case, no charges were ever brought. A raid was conducted and the guns impounded, without any arrest.

This correspondent may gain access to more details about this case from associates in India. 

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

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AZ: Tucson Homeowner Assaulted, Shoots Assailant

TUCSON, Ariz. (13 News) - Pima County SWAT was in Catalina looking for an assault suspect on Friday, Jan. 12.

The Pima County Sheriff’s Department said they were looking for Clifford Bretthauer in the area of Armstrong Lane and Twins Lakes Road.

Bretthauer and James McLaughlin were involved with an aggravated assault that happened in Catalina on Tuesday, Jan. 9, according to the PCSD.

McLaughlin, 47, and Clifford Bretthauer, 46, allegedly attacked a homeowner who was cleaning up a homeless encampment on his property in the 3000 block of East Lamb Drive.

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GA: Man Forces way into Home, is Shot, Wounded

Warner Robins Police say the investigation revealed Graves shot Pope in self-defense after Pope forced his way into Graves’ home.

“The incident was a continuation of an earlier incident at the home,” a Wednesday news release update said.

Graves is not being charged with any crimes, police said. Pope is still hospitalized.

“This investigation is still ongoing and may result in criminal charges,” the release added.

 

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District Judge: California Carry Restrictions Violate Constitution

On December 20, 2023, United States District Judge Cormac J. Carney issued an order granting the plaintiffs motions for Preliminary injunction in the case of Reno v Bonta.

The case involves the multitudinous restrictions placed on where people are allowed to bear arms in California. Judge Carney ruled the challenged provisions of the law deprive people, who have already been vetted by the state, of their right to bear arms, and are therefore prevented from taking effect. Following are excerpts from the order with commentary.

At the beginning, Judge Carney notes we live in dangerous times, and the right to self defense is a fundamental, inherent right. From the Introduction:

The right to self-defense and to defend one’s family is fundamental and inherent to our very humanity irrespective of any formal codification. In their wisdom, the Founders recognized the need for individual citizens to protect themselves and their loved ones from those that would do them harm—and they knew that such a right could not be vindicated without the right to bear arms. The Second Amendment to the United States Constitution guarantees law-abiding, responsible citizens the right to keep and bear arms for self-defense in case of confrontation.

On page 2, Judge Carney goes on to explain how the right to bear arms has been disrespected for decades. From courtlistener.com p.2:

For many years, the right to bear arms, and so necessarily the right to self-defense, was relegated to second-class status. But the United States Supreme Court made clear in its landmark decisions District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association, Incorporated v. Bruen that relegation could no longer be permitted—individuals must be able to effectuate their right to self-defense by, if they so choose, responsibly bearing arms.

On page 4, Judge Carney explains the plaintiffs in this case are permit holders, and the restrictions placed on where they can carry are a violation of their Second Amendment rights.

Plaintiffs, who are concealed carry permit holders and related organizations, brought these two lawsuits against California to challenge the constitutionality of many of SB2’s “sensitive place” provisions. They now seek a preliminary injunction enjoining California from enforcing the challenged sensitive-place provisions, asserting that many of those restrictions violate their Second Amendment rights and deprive them of their ability to defend themselves and their loved ones in public. Plaintiffs are right. Their motions for a preliminary injunction are GRANTED.

There is a minor error on page 12. Judge Carney writes that historically, sensitive places include schools and government buildings. This is not correct. Here are Judge Carney's words:

These locations include schools, government buildings, “legislative assemblies, polling places, and courthouses.”

In the binding Second Amendment decision in Bruen, only three locations were found to be "sensitive places" with historical roots at the founding. From the Bruen decision:

 Although the historical record yields relatively few 18th- and 19th-century “sensitive places” where weapons were altogether prohibited—e.g., legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions.

It is a minor flaw in an otherwise well reasoned and argued order. On pages 40 and 41, Judge Carney shows how the Plaintiffs would suffer irreparable harm if their Constitutional rights are violated, and the government cannot suffer harm from an injunction which ends an unlawful practice. P. 40:

Because Plaintiffs have shown it is likely that the challenged SB2 provisions violate their Second Amendment rights, they have demonstrated that irreparable harm is likely without a preliminary in junction enjoining the government from enforcing those provisions.

P.41

 Moreover, the government “cannot suffer harm from an injunction that merely ends an unlawful practice” such as denying Californians’ Second Amendment rights.

The conclusion does a masterful job of summing up the need for the preliminary injunction on page 43:

The Second Amendment preserves a fundamental constitutional right for law-abiding citizens to keep and bear arms for self-defense. Increasingly in modern times, with “the ubiquity of guns and our country’s high level of gun violence,” ordinary law-abiding people feel a need to carry handguns in public to protect themselves and their families against violence. Bruen, 597 U.S. at 73 (Alito, J., concurring). This may be because they “live in high-crime neighborhoods,” or because they “must traverse dark and dangerous streets in order to reach their homes after work or other evening activities,” or because they “reasonably believe that unless they can brandish or, if necessary, use a handgun in the case of attack, they may be murdered, raped, or suffer some other serious injury.” Id. CCW permitholders are among the most responsible, reliable law-abiding citizens. They have been through a vigorous vetting and training process following their application to carry a concealed handgun. The challenged SB2 provisions unconstitutionally deprive this group of their constitutional right to carry a handgun in public for self-defense. Therefore, those provisions must be preliminarily enjoined. 

Analysis. This preliminary injunction will be appealed to the Ninth Circuit by the government of California. It is unclear if any particular three judge panel of the Ninth Circuit will agree or disagree with Judge Carney. If the three judge panel agrees, the historical record shows the Ninth Circuit will then hear the case en banc. Even so, the blatant disregard of the Supreme Court Bruen decision may be sufficient for an en banc Ninth Circuit to uphold Judge Carney. It could happen. If it does, it seems unlikely the State of California would appeal the decision to the Supreme Court. If, as expected, an en banc panel strikes down Judge Carney's order, expect the Plaintiffs to appeal to the Supreme Court.

This is part of the delay, delay, delay game several circuits are playing, hoping somehow, the structure of the Supreme Court will be changed before they are forced to uphold the Second Amendment. Historically, it is similar to the games played by the Southern states to delay and prevent integration of public schools in the 1950s.

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

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WA: 20-Year-Old Robbed and Stabbed, Shoots Assailant

A man was arrested last night after robbing and stabbing a man for his scooter. 

Police located the 20-year-old male victim in the 700 block of 5^th Avenue around 10:00 p.m. last night. The victim reported being robbed of his scooter then stabbed multiple times after exiting from a Metro bus near 4^th Avenue and Columbia Street.  

The victim sustained serious stab wound injuries that appeared to be life-threatening. Officers provided medical aid at the scene while waiting for Seattle Fire to arrive and take over care. SFD later transported the victim via Medic One to Harborview Medical Center.  

After being stabbed by the unknown male suspect, the victim produced a pistol and fired multiple rounds at the suspect before running northbound on 4^th Avenue then eastbound on 5^th Avenue.  

King County Sheriff’s Office deputies assisted with obtaining surveillance footage from the bus of the two involved in the incident. The suspect description was disseminated and a short time later a man matching the description of the suspect was found nearby at 5^th Avenue South and South Holgate Street.  

The man was in possession of multiple knives and found to have a non-life-threatening gunshot graze wound. SFD treated the suspect and later transported him to HMC via AMR. 

Officers collected evidence of the shooting, recovered the firearm, and found the stolen scooter abandoned at a construction site near 3^rd Avenue and Cherry Street.  

The 37-year-old suspect will be booked into King County Jail for robbery once medically cleared.

More Here

NICS Gun Sales and Background Checks for December 2023 and all of the Year

The number of gun sales estimated using the National Instant  background Check System, or NICS, for December of 2023, was about 1.74 million guns. This was the fourth highest number of gun sales for December in the NICS system.  The number of background checks was about 2.73 million. This was the sixth highest December for NICS background checks. December showed a slight drop in the trend for 2023, but is maintaining what has become the new normal of gun sales which arguably started in 2011, when annual sales passed the 10 million mark.

 

2023 had the fourth highest total for gun sales of any year recorded by the NICS system, about 15.31 million, which is virtually tied with the total gun sales for 2016.  The numbers in the NSSF chart above ( I am a member) are slightly different because the NSSF and this correspondent use slightly different methods for estimating gun sales from NICS numbers. Given the inherent uncertainty of the estimates, the numbers are very close. Both estimates show years 2016 and 2023 as very close to each other for gun sales.

The total number of privately owned firearms in the United States of America is estimated at 503 million, or about 1.5 privately owned guns for every individual in the USA.  With a current population of people over the age of 18 at 265 million, there are about 1.9 firearms per adult in the USA.

2024 is a presidential election year. Electoral politics have become the most contentious since perhaps 1860. President Lincoln was elected in a four way race. 10 Southern states refused to have Lincoln on the ballot.  At the time, the Southern States were not defying the Supreme Court. In 2023, several states are openly defying the Supreme Court decisions on the Second Amendment. About 40 percent of voters have serious concerns about the integrity of the election process. Chaos in major cities, and bizarre foreign policy decisions are making large numbers of people concerned about their security. The trend of relatively high gun sales is expected to continue.

Some of the gun sales are related to high rates of gun sales among minorities and women. Part of that is the continuing restoration of Second Amendment rights by the Supreme Court.  Minorities who have been told they are treated as second class citizens are finding they have Second Amendment rights, just as everyone else.  When a person learns they have a right to keep and bear arms, and the right is respected by the government, their attitude changes.

Internationally, the chaos is resulting in increased interest in arming citizens. Argentina's President Milei wishes to restore Argentinian's right to self defense. Nigeria politicians are urging the arming of villages. Muslim attacks on Christians in the Nigerian north are increasing. Israel has enacted minor reforms allowing a few more stellar citizens to be armed.

Without strong leadership from the United States, freedom of the seas is threatened. China is encroaching on its neighbors. The Ukrainian/Russia war continues. The Ukrainian war has become a "drone war", showing the vulnerability of armed men to ubiquitous small drones.  Iran continues to threaten Israel, the United States, and most of Europe.

This correspondent predicted the USA would reach the half billion mark in private firearms ownership in 2023. That prediction has been fulfilled.

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

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