Commerce Secretary Refuses to Answer House Chair on Firearms Export Licenses

On October 27, 2023, the Bureau of Industry and Security announced it would stop issuing export licenses for most countries, for firearms, components and ammunition, with some exceptions. On November 28, 2023, Jim Comer, the Republican  Chairman of the Committee on Oversight and Accountability in the House, sent a letter to Secretary of Commerce Gina Raimondo, asking for information and a briefing on the decision. From the letter:

We write to request information on the recent decision by U.S. Department of Commerce (Commerce) to cease issuing new export licenses related to certain firearms, firearm components, and ammunition for approximately 90 days. This action has raised concern about a possible extra legal attempt by the Biden Administration to harm the domestic firearms manufacturing industry in pursuit of an anti-firearm agenda by starving it of access to international markets for at least 90 days, perhaps indefinitely.1 The Department’s mission is to “drive U.S. economic competitiveness, strengthen domestic industry, and spur the growth of quality jobs in all communities across the country.”2 Your Department’s recent decision appears to be at direct odds with its mission in service to the political whims of a radical anti-firearm administration. We seek and expect your Department’s cooperation in providing additional information to determine a full accounting of this action and how it will impact U.S. firearms manufacturers and the jobs that industry provides.

The deadline to respond to the letter by Chairman Comer was December 12, 2023. That deadline has come and gone without any significant response by Secretary Raimondo and the Department of Commerce.  On January 19, 2024, Chairman Comer sent a followup letter. From the letter:

The deadline for Commerce to produce the requested information was December 12, 2023. Commerce is now more than five weeks delinquent in satisfying those requests. Despite attempts by Committee staff to obtain status updates on Commerce’s efforts to identify and produce the requested documents, Commerce has failed to provide any substantive status updates or a timeline of their activities working toward production. Furthermore, instead of providing the requested briefing or documents, Commerce held what it dubbed a “listening session” with congressional staff on December 15, 2023, providing only vague responses to limited questions in a half-hour format.

Accordingly, we write to reiterate our outstanding requests for documents and information in our November 28, 2023, request. If Commerce continues to fail to produce the requested documents by January 26, 2024, we will consider other measures, including the use of compulsory process, to gain compliance and obtain this material.

Analysis:

The Biden administration has been the most hostile to the Americans firearms industry in history.  In 2023, Bloomberg.com, ran a series of articles complaining about American guns and gun culture being exported to other countries. This action by the Biden administration appears to be a coordinated attack on American firearms manufacturers, under the theory "Guns are bad." The NRA has a detailed article published on AmmoLand. The "pause" supposedly ended on January 24th. The NRA says 90 Congresscritters are demanding an extension of the export ban.

The administrative bureaucracies in the executive branch have lost fear of Congress. The major bureaucracies were erected during Progressive administrations as part of the Progressive plan to create a government which was not limited by the Constitution and the separation of powers into three branches of government. Up until the Obama administration, the House and Senate retained some control, because they could threaten to cut budgets to agencies which wandered too far from Congressional intent. In practice this meant if the excesses of an agency become too public and too extreme, Congress could cut their budget, as it did with the Center for Disease Control in 1996.  The 1996 response to the CDC came because they were using their funding to produce anti-Second Amendment propaganda.

With the Obama administration and the continuing resolution from 2008, the administrative agencies slipped the bonds of Congressional budgets. In practical effect, Congress no longer has the ability to control bureaucracies' budgets.  This is why Democrats fight against a return to a normal budget process.  The willingness of administrative bureaucracies to snub Congressional oversight shows a serious weakness in the fabric of the Republic.

 

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

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TX: Homeowner Wounds Car Burglary Suspect who Ran at Him

The 36-year-old military veteran and Purple Heart recipient said what he saw on his surveillance camera prompted him to grab his gun and head out to his driveway.

He said a man wearing a red hoodie was inside his pickup, going through his property.

After he confronted the stranger, though, the homeowner says things took an especially scary turn.

The suspect, he said, began running, seemingly heading for his front door. The two then met face-to-face in the front yard, the homeowner said.

 “It was pitch black. I couldn’t see what he had in his hands,” he said. “All I know is he raised his hands and was coming toward me, so I began to fire my weapon.”

 

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AR: Homeowner Shoots Burglary Suspect who Pointed Firearm at Him

The man said he saw the suspect coming out of his house pointing a firearm at him. The homeowner then said he drew his own gun and fired at the suspect, identified by authorities as John Nutt of Little Rock, in self-defense.

Deputies said Nutt ran away from the home. Teams searched the nearby area and were able to find Nutt and take him into custody. Investigators said stolen property was found with Nutt when deputies located him.

 Authorities said he was taken to a nearby hospital for treatment of non-life-threatening injuries. Deputies added that Nutt is expected to face charges including residential burglary and aggravated assault.

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FL: Senate passes Bill to allow People to Defend against Bears

Image from Winter Springs, Florida, Police Department

 

On February 21, 2024, the Florida Senate amended and passed HB 87. The bill allows for people who are threatened by bears to use deadly force to protect themselves when they reasonably believe a bear is a danger to themselves, others, their pets, or is causing significant damage to their dwelling. The bill already passed the House. The changes made in the Senate are not large. It seems likely the bill will end up on Governor DeSantis' desk and be signed into law.

Floridians had the authority to protect themselves and their property from bears until the Florida Fish & Wildlife Commission (FWC) created a rule in 2012, which made it illegal to take a bear, under any circumstances, unless specifically authorized to do so by the Fish & Wildlife Commission. From myfwc.com:

68A-4.009 Florida Black Bear Conservation.

(1) No person shall take, possess, injure, shoot, collect, or sell black bears or their parts or to attempt to engage in such conduct except as authorized by Commission rule or by permit from the Commission.

(2) The Commission will issue permits authorizing intentional take of bears when it determines such authorization furthers scientific or conservation purposes which will benefit the survival potential of the species or to reduce property damage caused by bears. For purposes of this rule, activities that are eligible for a permit include:

(a) Collection of scientific data needed for conservation or management of the species;

(b) Taking bears that are causing property damage when no non-lethal options can provide practical resolution to the damage, and the Commission is unable to capture the bear.

(3) The Commission authorizes members of the public to take a bear in an attempt to scare a bear away from people using methods considered non-lethal. Staff shall authorize specific methods and situations that qualify for this authorization at http://MyFWC.com/bear/.

Under the rule adopted by the FWC, without the vote of a single legislator, the ability of Floridians to protect their homes, property, pets, and arguably, themselves, was placed into doubt. Floridians were supposed to contact the FWC and ask for permission before they were allowed to protect their property, animals, or, potentially, themselves, before they were allowed use lethal force to stop bears.

In 2012, Florida black bears were not in any jeopardy of extinction, nor were they threatened as a species, as determined by the FWC itself.  From the bear management plan at myfwc.com:

Biological status review indicated that the bear does not meet any criteria for high risk of extinction; Removal of bear from State Threatened Species list approved in June 2011; Draft Plan (FWC 2012) and Bear Conservation Rule (Rule; Appendix III) opened for public review and comment.

What appears to have happened was unelected bureaucrats in the FWC, pressured by special interest groups, decided a few black bears had priority over human pets and property, even though the bear population was not threatened and illegal killing of bears was minimal.

The current proposed legislation, CS/HB 87, corrects the overreach of administrative power of the FWC. The bill defines the circumstances when people can use lethal force to take bears. It is much more restrictive than traditional law, where black bears which are destroying livestock or property can be justifiably killed.  In those circumstances, owners of livestock or property are still required to apply to the FWC before they use lethal force.

The FWC, in their plan, does not give any rational as to why bears should be allowed to destroy livestock and property while the owners wait on the FWC to decide to issue a permit; to wait while the FWC requires non-lethal methods to be attempted, to wait while the FWC attempts to capture the bear in a live trap.

The bear population in Florida was not threatened. Destruction by bears of livestock and property is/was rare. The purpose of the 2012 FWC rule seemed to be to value bears over human property or livestock.

Analysis: CS/HB 87 is a commonsense restoration of the long standing legitimate power of humans to protect themselves, others, their pets, and their homes against destruction by bears which have lost their fear of humans. It is a bizarre commentary on the irrationality of our times when such a bill is necessary.

 

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

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TN: Memphis Two Auto Theft Suspects Wounded, Apprehended

Officers took two juveniles into custody after a brief foot chase, then found two more juveniles with gunshot wounds.

The wounded suspects were taken to Le Bonheur Children’s Hospital with non-critical injuries, police said.

Police believe the four had just stolen a vehicle in the area, and a person fired several shots at them, striking two of the juveniles.

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Finland is Building Shooting Ranges to Boost Citizen Soldiers

Finnish Soldier in Winter with Mosin Nagant rifle Public Domain 

A recent article in the Telegraph was republished on Yahoo. The article touted the Finnish government's decision to open 300 shooting ranges to encourage the development of shooting skills by Finnish citizens, for the purpose of national defense. From the article:

“This is because of our defence model, which benefits from people having and developing their shooting skills on their own.”

In 2023, Finland’s new Right-wing coalition agreed plans to increase the number of ranges to 1,000 nationwide by the end of the decade, as well as plans to allow diabetics to serve in the army and encourage more women to join up.

There are currently around 600 ranges in Finland, compared with 2,000 at the turn of the 21st century.

Only 25 years ago, Finland had 2,000 shooting ranges.  Consider the trend. It means 1,400 shooting ranges were closed and or destroyed in the last 25 years. It coincides well with the fall of the Soviet Union, and the belief Finland no longer had to worry about invasion.

The hard lessons of the Winter War of 1939 - 1940 were minimized. Although completely outmatched by Soviet manpower and material, Finns fought the Soviet behemoth and kept their independence. They are said to have caused 300 thousand Soviet casualties while suffering only 68 thousand casualties. Over 125,000 Soviets were killed, and about 25,000 Finns. They ended up ceding 11% of their territory, but they survived as a country.

Every Finnish school child knows the history of Simo Häyhä "the White Death". He was one of the most successful snipers in history, killing 500 Soviet soldiers in three months of winter.  The Finnish military expects a great many of its 900,000 reservists to be able to accomplish many of the same feats as Simo Häyh.

The Finnish government's hostile attitude toward maintaining the country's shooting ranges died with the Russian invasion of Ukraine.  Finns, Swedes, Czechs, Poles, Latvians, Lithuanians, Estonians,  no longer believed they could rely on economic ties with the Russian Federation to prevent the same Russian bellicosity and aggressive, expansionist policies they saw in WWII. From dailymail.co.uk:

In a nation where hunting is arguably, after ice-hockey, the national sport, more than a million people own guns — and, as I saw when visiting a shooting centre in Lappeenranta, 12 miles from the Russian border, they know how to use them.

But then, as the owner, Matti Myllynen, told me, children often begin lessons at seven years old, and by 15 they can hunt alone. Since the Ukraine invasion, he said, his membership has risen by 50 per cent; a trend mirrored across the country.

‘The standard of shooting in Finland is already comparable with the world’s best, but now people are coming to brush up on their skills,’ he said, adding sagely: ‘In these uncertain times, they want to be ready. We have a saying here in Finland: if you want peace, then prepare for war.’

An armed population is a deterrent to invasion. It is not enough by itself. Finland has a population of 5.5 million. Of those, only 430,000 have firearms licenses. The Daily Mail has misinterpreted the data. There are over a million privately owned firearms in Finland, but only 430,000 licensees. Finland has one of the highest rates of firearms ownership in Europe. About ten percent of adults own firearms. In the United States, the number is somewhere above 30%. Most of the adults in Finland have hunting rifles, which make reasonable sniper weapons in forested areas.  As seen in Ukraine, far more than rifles are required.  A "right wing" Finish government is rapidly building up their artillery and mortar capacity. From Defensenews.com:

MILAN — The Finnish government has announced that it will invest over $130 million over the next three to four years to double the country’s production of artillery and mortar ammunition.

The decision, touted by the Finnish Defense Minister Antti Häkkänen in a Dec. 12 post on X, comes amid the European Union’s stagnant progress in increasing ammunition supplies to Ukraine.

Finland has not been alone in degrading their rifle ranges. As this correspondent traveled extensively around Australia, it was common to see the remnants of a once vigorous culture of armed citizens. In Australia, those traditions have been and are under serious attack. The left in Australia hate the idea of an armed population.

 

Road sign a reminder of a once vigorous Australian gun culture centered on national defense
 

In my own home town in Wisconsin, one of the rare National Guard 600 yard rifle ranges was destroyed during the governorship of Tony Earl (D). I used that range as a young adult. All over the world, a desire to disarm populations has resulted in a denigration of the necessity of armed defense.

Finland is staring the Russian Bear in its face. The history of the Winter War has not yet been erased. Preparing for war, as a necessity to maintain peace, is once again understood to be a historical reality.

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

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AR: Mountain Home Victim and 1 of 3 Home Invaders Shot, Wounded

Three suspects have been identified in a robbery incident in Mountain Home leading to two individuals getting shot. Twenty-one-year-old Dylan Decker of Norfork, 20-year-old David Brace of Flippin and 18-year-old Tyler Yount are each facing felony counts of first-degree attempt to commit murder and aggravated residential burglary. Decker also faces a felony count of possession of firearms by certain persons, and he and Brace are being held in the Baxter County Detention Center. Yount is one of the two being treated for gunshot wounds.

 

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CO: Denver Site Manager Shoots, Kills, two Suspects who Attacked Him

One of the people who was shot was a man and died at the scene. A woman was also shot, and she died after being taken to the hospital.

The shooting took place at a commercial construction site. Police say the site manager told them he was assaulted after he confronted the pair about why they were there with no authorization, and that he pulled out a gun and started shooting after that.

He then waited until police arrived to update them about what happened, and he is cooperating with Denver police's investigation into the shooting. As of Monday at midday, no arrests have been made in the case.

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Wolves in Northern Wisconsin: Eyes in the Dark

Pack of wolves in game camera

On February 8th, 2024, my brother had started his morning exercise walk. It was 6:27 am his time when I received the phone call, still dark in northern Wisconsin. It wasn't what I expected. 

Only 200 yards from his home, on a lonely country lane, with dense forest and brush on both sides, he was confronting a pack of wolves, their reflective eyes easily visible in the beam of his headlamp. The pack of six were less than 30 yards away.  Wolves are common in the area. Common and protected. The brush was fairly thick, the eyes were relatively low to the ground. It was clear what the animals were. Their behavior was alarming. He shouted. He made short rushes at them. They were not intimidated or alarmed.  He had a Glock 23 and a spare magazine. He dropped my call and called his wife, only two hundred yards away.  She arrived in a couple minutes, bringing his 12 gauge tactical 870 with tac light forend and red dot sight, stoked with buckshot. As the vehicle approached the wolves left. My brother said the feel of the 870 in his hands was comforting. 

Just a few months ago, in 2023, a black wolf had closed to within 15 yards of the 15-year-old daughter of a close friend while she was hunting deer. The wolf had run off when Sarah turned around with her rifle. Her encounter happened only 300 yards from where my brother confronted the pack. He and I came across a road-killed young wolf in the fall of 2022, about a quarter mile in the opposite direction.

 Road killed wolf in northern Wisconsin, fall of 2022

The picture of a pack of wolves from a game camera, taken in 2019, was taken about a mile from his home.

Only a month ago, a wolf was shot in self defense, just 60 miles away. 

Wolves which hold their ground when confronted with a human, wolves which do not retreat when yelled at or bluff charged, are a problem, as explained by Dr. Valerius Geist, the eminent biologist and expert on wildlife management. The myth of the harmless wolf developed because people in North America were commonly armed and capable of dealing with wolf packs. The introduction of modern firearms, steel traps, snares, and poison made humans the uncontested apex predator.  Wolves learned to avoid humans to survive. The myth of the harmless wolf was born. 

Protect wolves from humans with punishing legislation, prevent them from being shot, trapped, snared, or poisoned, and they lose fear and respect for humans. They are subject to the immutable laws of physics. They have developed a healthy fear of cars, which have become their main "predator". 

Those who constantly call for more and more wolves do not have to live with them. They live in urban centers and read fables about wolf behavior such as  "Never Cry Wolf" by Farley Mowat. Mowat made a great living by telling tall tales, but his work was mostly fiction, depicted as fact.

If you wish an easy read which gives a realistic picture of wolves, read "The Wolves of Alaska" by Jim Reardon. He treats Mowat gently, a bit too gently, perhaps. 

As time progresses, more people will be killed by large predators in the United States. There was a reason our forefathers worked hard to rid the land of large predators. They are not fun to live with, when you depend on production from the land to survive. 

60 years ago, this correspondent did not worry about wandering the woods of northern Wisconsin unarmed. We often carried firearms while hunting, trapping or shooting varmints. We didn't worry about it if we were unarmed.

Today, when I go into the woods, I carry a handgun as a matter of habit and caution.  I consider Thomas Jefferson's advise on exercise:

"...I advise the gun. While this gives a moderate exercise to the body, it gives boldness, enterprize, and independance to the mind. Games played with the ball and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be the constant companion of your walks.

 

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

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TX: Intruder Shot by Homeowner, in Critical Condition

Canyon Lake and Earlmist Dr - caller advised he shot an unknown male that broke into his house. Deputies and EMS were dispatched to the location, the suspect was in critical condition and transported to the hospital via ambulance. (2:00am)

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TN: Memphis Homeowner Shoots Intruder

Canyon Lake and Earlmist Dr - caller advised he shot an unknown male that broke into his house. Deputies and EMS were dispatched to the location, the suspect was in critical condition and transported to the hospital via ambulance. (2:00am)

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MO: Caretaker Shoots Man who Broke into Historic Building

Sgt. Charles Wall with SLMPD said that Howard had broken into the Tuscan Masonic Temple on Westminster Pl. near Kingshighway around 4:30 a.m., setting off the building’s security alarms. Wall said a man living above the lodge woke up, found a gun and went searching through the building.

When the man saw the intruder, he shot him. Wall said police would approach the death as a shooting investigation, but it would be up to the Circuit Attorney to determine whether the shooting was justified under Missouri’s Castle Doctrine, which allows a defendant to use deadly force when they reasonably believe it is necessary in instances of a home invasion.

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28 States sign letter to Biden Administration: Do Not Restrict Ammo Sales to Public

On January 9, 2024, Letitia James, Attorney General of New York, released a letter sent to Stefanie Feldman, Director, White House Office of Gun Violence Prevention. The letter was on behalf of 19 states and the District of Columbia. A summation of the letter is as follows: Guns are bad. Ammunition is bad. It is a bad idea to allow people to have ammunition for guns, so the Lake City Ammunition plant should not be allowed to sell ammunition to civilians. Here is the first paragraph, from ag.ny.gov:

Dear Director Feldman, 

We write on behalf of the States of New York, Arizona, California, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington (the “States”) to express concern about recent reports that billions of rounds of military-grade ammunition manufactured at the Lake City Army Ammunition Plant have been sold on the commercial market, leading to their use in many of the most tragic mass shootings in recent history. We ask your Office to conduct an investigation into the contracting processes that led to this situation, and to take action to ensure that military-grade and military-subsidized ammunition stays out of civilian hands.

On January 24, 2024, 28 states responded to the NY AG letter with their own. In summation, their response was as follows. Guns and ammunition are protected under the Second Amendment. An armed society is a positive good. Americans who exercise their Second Amendment rights aid in the common defense. When Lake City sell ammunition to Americans, it is a good thing which enhances the military capabilities of the United States. Here is the first paragraph of the response letter, from law.alaska.gov, sent to President Biden and Director Feldman:

We, Indiana, Iowa, Missouri, and Montana, and the undersigned States of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming, and the North Carolina House of Representatives, write to express sincere concerns with our Democrat colleagues’ letter dated January 9, 2024, concerning Lake City Army Ammunition Plant (“Lake City”). The United States Supreme Court stated definitively that the Second Amendment guarantees a personal right to each law-abiding citizen to “keep and bear arms.”1 But Americans cannot exercise this constitutionally protected right to use their firearms without access to ammunition. If your office does what the Democrat attorneys general ask, then ammunition prices will increase, and ammunition availability will decrease. And those restrictions on ammunition will not resolve any of the ills discussed by our colleagues. Those attorneys general wrote to you casting aspersions and requesting an investigation of Lake City because they allege that the plant’s commercial ammunition was used in mass shootings. Perhaps those States should focus more on prosecuting crime to stop mass shootings—rather than trying to stop lawful Americans’ use of guns and ammunition.Their tactic is an overt attempt to punish Americans’ exercise of their Second Amendment rights. The undersigned States take an unapologetic stand to defend the Second Amendment and to set the record straight as to the facts.

A press release from alaska.gov shows some of the flavor of the response:

“We Have seen this administration take full advantage of wordplay to restrict the rights of American citizens,” said Alaska Governor Mike Dunleavy. “Politicians, ignorant of the tools and practices they fight to restrict, use catchphrases like ‘military grade’ to create the illusion that these rights are not meant for the average citizen. They hate that law-abiding citizens have these rights and will use these underhanded tactics to take them away if allowed. I will always fight to preserve those rights given to citizens at the time our nation was founded and the ability to exercise those rights. In this case, that means fighting to ensure that citizens who have the right to arms also have reasonable access to ammunition.”

Analysis:

The two letters show opposite assumptions about reality and the role of governments. The NY letter assumes guns are bad, and ordinary citizens should not have guns, because ordinary citizens do bad things with guns. The letter from the 28 states assumes government is subordinate to the people, government must defend the nation, and an armed population aids the government in defending the nation against all enemies. These two assumptions about reality are in direct conflict. The Second Amendment comes from the philosophy of natural law and natural rights, in spite of Governor Dunleavy's faux pas ("rights given to the citizens at the time of our founding"). The guns are bad in the hands of citizens assumption comes from the Progessive philosophy of government is good, more government is better. The United States Constitution was framed under the philosophy of natural law, which is why progressives in the U.S. government are always working to overturn, debauch, and re-define it to remove limits on governmental power. Progressive philosophy in the US government was in ascendance from at least 1932 to 1980, with the Supreme Court under the sway of Progressives until at least 2008.

The Biden administration has shown itself to be the most hostile to the Second Amendment of all time. The Franklin Delano Roosevelt administration, the Johnson administration, and the Clinton administration all vie for the runner-up position. The Biden administration's overt hostility may prevent it from doing as much harm as the others. Numerous court cases are moving toward the Supreme Court, with the potential to undo decades of infringements.

 

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

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LA: Houma Homeowner Shoots, Wounds, 1 of 2 Intruders.

HOUMA, La. (WVUE) - Police are investigating a home invasion in Houma where the homeowner shot and injured one of the suspects.

According to Houma Police Chief Travis Theriot, the incident happened in the 300 block of Roberta Grove Boulevard on Feb. 20 around 5:15 a.m.

Chief Theriot says the homeowner told responding officers that he shot an alleged intruder in his home. He reportedly heard a noise coming from the first floor of his home and as he went down the stairs to investigate, he was confronted by the suspect and shot. The suspect fled.

Investigators were able to determine the suspect was injured in the shooting. Officers canvassed the neighborhood and identified the suspect as 34-year-old Dex Hebert.

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Strange Events at Fourth Circuit on Second Amendment

 

Strange events are occurring in the United States Court of Appeals for the Fourth Circuit.  In the Ninth Circuit, it has become clear, when a three judge panel finds in favor of the Second Amendment as a fundamental part of the Bill of Rights, the case will be sent to an en banc panel to be reversed by the full court. Most of the time, the Ninth Circuit would wait for the three judge panel to make a decision and publish it before sending the case to the en banc panel. In the Fourth Circuit, en banc panels are snatching cases away from three judge panels before a decision is made and an opinion is published.

The case of Bianchi v Brown, the Maryland ban on most semi-automatic rifles, was appealed all the way to the Supreme Court of the United States (SCOTUS). SCOTUS decided Bruen, in June of 2022. SCOTUS then granted certiorari to Bianchi v Brown, vacated the Fourth Circuit's decision in the case, and remanded the case back to the Fourth Circuit to be reconsidered, under the Bruen clarification of the Heller decision.

Bianchi v Brown was given to a three judge panel on the Fourth Circuit. The three judge panel heard oral arguments in the case on December 6, 2022.  If you listen to the oral arguments, the case for the State of Maryland seems weak. More than a year later, the three judge panel had not issued a decision. On January 12, 2024, the Fourth Circuit took the case from the three judge panel, moving it to be heard before the entire court (en banc). This could delay the case for another year or more.  The Firearms Policy Coalition (FPC) filed an appeal to SCOTUS, explicitly complaining about the games the Fourth Circuit is playing with the case. From AmmoLand:

“When justice is delayed, justice is denied–this is precisely the issue with what is happening in FPC’s challenge to Maryland’s ban on so-called ‘assault weapons,’” said Cody J. Wisniewski, FPC Action Foundation’s Vice President and General Counsel, and counsel for FPC. “After sitting on this case for over a year, the Fourth Circuit took the extraordinary step of pushing this case to the full Circuit without any party asking it to do so. Worse, the Circuit took this step after the case was already argued before a three-judge panel but before that panel could issue an opinion. This extraordinary action further delaying justice demonstrates that now–not later–is the time for the Supreme Court to step in.”

In another case in the Fourth Circuit, a similar situation is playing out.  Shortly after the Bruen decision, a federal judge in the United States District Court for the Southern District of West Virginia found 18 U.S.C. § 922(k), which prohibits possession of a firearm with an altered, obliterated, or removed serial number, to be unconstitutional under the Second Amendment.  The case is USA v Randy Price.  The ban on possession is recent law. From a previous AmmoLand article:

There is no historical precedent for a ban on firearms that have had the serial number removed. It is recent law enacted in 1990. It has almost no effect on crime.

The secondary argument in the amicus brief is the claim that tracing guns is an effective crime fighting tool. It is not and never has been.  Showing numbers of people who have been prosecuted for possessing a firearm with the serial number removed does not show any ability to stop a crime; it only shows prosecutions of victimless crimes.

The case was appealed to the Fourth Circuit on October 24, 2022.  Oral arguments were heard by a Fourth Circuit three judge panel on  December 6, 2023.  On January 12, 2024, the Fourth Circuit took the case from the three judge panel, before a decision was made, ordering a rehearing by the Fourth Circuit en banc.  This may be the new normal at the Fourth Circuit court of appeals. SCOTUS vacated the Fourth Circuit's finding in Bianchi v Brown, and ordered them to rehear the decision under the terms of the Heller decision as clarified by the Bruen decision. In both the Bianchi and Price cases, three judge panels on the Fourth Circuit heard oral arguments. Before either three judge panel published decisions (but after oral arguments), the Fourth Circuit took the case from the three judge panel for an en banc panel rehearing of the case.

It is unknown if SCOTUS will grant the  FPC request for a writ of certiorari (a request to hear the case) in Bianchi v Brown. If SCOTUS takes the case, it will be a further rebuke to the Fourth Circuit, and to other circuits which appear to be deliberately delaying Second Amendment cases. The Bruen decision clarified how such cases should be considered, removing the power of the courts to consider the policy effects of Second Amendment cases. When considering fundamental Constitutional rights, the policy choices were made when the Bill of Rights was ratified, according to Bruen.

Analysis:

En banc hearings by Circuit Courts are supposed to be rare. The strategy of some circuits are very close to openly defying the Supreme Court. The strategy is one of delay, delay, delay. If the circuits can delay long enough, an orginalist Supreme Court Justice may die or retire; the radical Democrats may find a way to pack the court; President Biden may appoint justices who will reverse SCOTUS decisions in Heller, McDonald, Caetano, and Bruen, thus rendering the Second Amendment moot.  If Hillary Clinton had become president in 2016, the court would already have done this.

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

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Washington State SB 5444 infringes on Second Amendment, Mitigation Possible

Image Wikimedia Commons Bobak Ha'Eri

Washington State has been pushing more infringements on Second Amendment rights for several years.  SB 5444 is a bill which follows New York, California, and New Jersey in expanding "sensitive locations" as a way to infringe on Second Amendment rights. The current law has restrictions on carry in courtrooms, jails and secure areas of airports. SB 5444 expands the ban on the carry of weapons to libraries, zoos, aquariums, and, especially, "transit stations" or "transit facilities".

Transit stations or transit facilities are defined to include bus stops and shelters, and all properties which are by a "transit authority" for the purpose of providing transportation services.

An inside source has informed this correspondent the bill is going to pass. It is a bad bill which aims directly at the exercise of Second Amendment rights. It is aimed at people who use public transport, which generally means people of modest means. This correspondent expects there will be a challenge in the courts. In 2016, Justice Charles K. Wiggins wrote a terrible decision at the Washington State Supreme Court, saying knives were not protected by the Second Amendment if they were not designed as "weapons". This law aims at knives as weapons. Heads the People lose Second Amendment rights; Tails State government increases infringements on the Second Amendment.

It is better if such bills can be killed. Barring a direct defeat, somethings can be gained if they can be mitigated. Doug Ritter, of Knife Rights has worked tirelessly to remove infringements on the exercise of the carry of knives under the Second Amendment. Doug has informed me there is a possibility of taking "knives" out of Washington State bill SB 5444. To those readers who live in Washington State this is an opportunity to mitigate a very bad bill.

Knife Rights has been working to remove knives from the list of weapons in the bill. They have come very close to achieving the objective of removing knives. The legislators have been educated about the everyday use of knives as tools. Because of Knife Rights' efforts, it may be possible to remove knives from the list of banned weapons. As written, chefs knives, pocket knives, carpenter's tools, any box cutter could be found to be a banned weapon of someone waiting at a bus stop. The bill has a cut-out for those with a concealed carry permit.

Many people in the Second Amendment community see permits as a clear infringement on the exercise of Second Amendment rights. If you live in Washington State, there is a chance to take a bite out of this particular infringement. Yes, it is only a bite.  Yes, it would be better to kill the entire bill. Politics is the art of the possible.  There is an executive session scheduled for Tuesday morning, February 20, 2024, where it will be possible to add an amendment to remove knives from the bill.  A possibility is not a promise, but those who refuse to fight are bound to lose.  Court challenges are likely to follow, but court challenges are expensive and slow.

If you chose to contact legislators, be polite. Long essays are unlikely to be read. You might  start with a short declaration, such as "Please amend knives out of SB 5444. The current bill will put poor people in jail." It is likely emails will be tallied for and against an amendment to remove knives.

Knife rights has a email system set up to use if you wish to contact Washington State legislators.

Update: The bill has passed executive session, litigation will be filed. 

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

Gun Watch

AL: Domestic Defense, Woman Shoots Man who Kicks in Door

A news release said officers were called to The Estates at Lafayette Square Tuesday around 12:30 a.m. for a report of a domestic complaint involving a burglary.

When officers arrived, they found that the woman’s ex-boyfriend had allegedly shown up at the apartment armed with a gun and “forcibly kicked in her door,” the MPD release said.

The woman grabbed a gun and fired, injuring the ex-boyfriend, according to the release.

More Here

NJ: Defense of Home Leads to Charges on "Ghost Guns".

UPPER DEERFIELD TOWNSHIP — A township man who shot and killed a home invader was later arrested for possessing two "ghost guns," State Police said Wednesday.

Kevin Lucero, 24, called troopers to his home on Old Deerfield Pike at 7:14 p.m. Monday for a burglary in progress. Lucero told police there was a man inside suffering from a gunshot wound.

"I shot him, please help him," Lucero said, according to an affidavit of probable cause. 

Troopers attempted life-saving measures until EMS arrived, State Police said. The victim, identified as Silvestre Marroquin, 31, of Bridgeton, was pronounced dead at the scene. A second person who was with the gunshot victim had fled before police arrived.

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IL: Jefferson County Homeowner Shoots man Attempting to Break into Home

JEFFERSON COUNTY, Ill. (KFVS) - A man accused of trying to break into a home was shot and suffered only minor injuries.

Dewayne E. Corbett, 44, of Mount Vernon, was arrested on a charge of felony trespassing.

According to the Jefferson County Sheriff’s Office, deputies and Mount Vernon police officers responded to a report of trespassing in progress in the 11000 block of East Stone Road around 1:41 p.m. Monday, February 19.

When they arrived on scene, officers detained Corbett.

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AL: Brother saves Sister? Man shot, Killed in Hueytown

At around 2 a.m., officers responded to a home in the 200 block of June Avenue on a report of a person shot.

When they arrived, they found Jackson dead in the front seat of a vehicle in the driveway.

Investigators believe that the resident's sister arrived at the house with two males. At least one of the men showed a gun and was shot by the homeowner.

Police believe this was a targeted incident and there is no threat to the community.

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CA: Riverside Jewelry Store Owner Scares off Theives with Gunfire

Torchia’s father was working at the counter when the suspects entered and began smashing the display cases. That’s when he walked over to a back room and retrieved his firearm. He then several fired shots into the floor to scare off the thieves.

“Once they got scared, they fell to the floor,” Michaelangelo said. “They ran out.”

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FL: Miami-Dade Homeowner Drives off Intruder with Gunfire

SOUTHWEST MIAMI-DADE, FLA. (WSVN) - A victim turned the tables on a subject who, police said, tried to break into their Southwest Miami-Dade home.

Miami-Dade Police units responded to a call of shots fired in the area of Southwest 83rd Court and 78th Street in the Glenvar Heights neighborhood, just before 2:30 a.m., Saturday.

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FL: Bill to Allow Defense of Self, Home, and Pets against Black Bears Passes House

Image from Winter Springs Police Department

On February 15, 2024, the Florida House passed CS/HB 87: Taking of Bears. The bill passed 88 to 29. It will now be sent to the Florida Senate. The bill has been prompted by a burgeoning black bear population in Florida, which has increased exponentially from 300 - 500 bears in 1974 to 2,650 in 2002, to an estimated 4,350 in 2016. No official population estimate has been made for eight years.  The bear population increased 60% from 2002 to 2014/15. Cubs are not included in the population estimates. From a 2016 article published in the news-journalonline.com:

An estimated 4,350 adult black bears live across the state, an increase of 60 percent since the last statewide estimate in 2002, said Thomas Eason, director of habitat and species conservation for the Florida Fish and Wildlife Conservation Commission. 

As the bear population has expanded into areas with a higher density of  people, the greatest known cause of adult bears deaths are vehicle collisions. 276 bears were killed in vehicle collisions in 2020, 289 in 2021, and 286 in 2022. The most common cause of bear cub mortality is attacks by adult male bears.

The bill strikes to balance the protection of humans, their pets and their homes with the protection of bears. Lethal force may be used to stop a bear only if the human reasonably fears for their safety, the safety of others, the safety of their pet, or substantial damage to a dwelling. From the bill:

(a) The person reasonably believed that his or her action was necessary to avoid an imminent threat of death or serious bodily injury to himself or herself or another, an imminent threat of death or serious bodily injury to a pet, or substantial damage to a dwelling as defined in s. 776.013(5);

The bill requires a person who kills a bear in such a circumstance to notify the Florida Fish and Wildlife Conservation Commission within 24 hours. The person who killed the bear is not allowed to take possession of the bear.

Conflicts between bears and humans are increasing in Florida. People are hesitant to defend themselves, their pets, and their property because of the bears' protected status. The number of people who make physical contact with a bear during a human/bear conflict is small. From a previous AmmoLand article:

There were 37 bear-human conflicts where the bear made physical contact with a person from 2006 to 2022, according to the Florida Fish and Wildlife Commission table. Given estimates of the bear population (according to FWC), that would be one physical contact conflict for every 1600 bears per year. There are probably many more conflicts where bears destroy property and/or are driven off without contact with humans.

Analysis:

The bear population in Florida is not endangered. It is expanding rapidly into areas with high human populations. Conflicts are inevitable as bears habituate themselves to human environments and learn that humans are not allowed to defend themselves or their property.  The bill is a commonsense measure to allow humans under threat to defend themselves, their pets, and their homes from those bears which have lost their fear of humans. The numbers of bears killed in such conflicts will be far smaller than the numbers of bears killed in vehicle collisions or the numbers of cubs killed by adult male bears.  The few bears killed in human/bear conflicts will not have a measurable impact on the growing Florida bear population. The Florida Senate has a Republican majority of 28-12. The bill has a good chance of passage.

Prediction: If the bill passes, fewer than 30 bears a year will be killed under its umbrella. The number of complaints involving bears will decrease, and the number of bears in Florida will continue to increase.

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

Gun Watch

TX: Houston gunfight in Parking lot Suspect found at Hospital

Northeast officers are at 5100 Little York. Suspect tried to rob a male in the parking lot. An exchange of gunfire then occurred between the suspect and victim. The suspect may have been struck. Officers are checking area hospitals.

Possible suspect has been located at an area hospital. 

 

Link

TX: San Antonio Teens Blase About Being Held at Gunpoint

Rivera said while she called police, her partner headed downstairs, armed and ready for trouble.

"He comes down with a shotgun and he tells them, 'Don't move! Stay right here!' And so they didn't and there was like four of them and it's pitch dark down here!" Rivera said, adding when she realized they were all teenagers she lit into them like an angry mom.

Rivera said she told the teens "How stupid are you? You could be dead! This was the dumbest thing you've ever done! Like, what were you guys thinking?"

Of the two girls and two boys, Rivera said one of the girls started crying.

"She's like, 'I just wanted to play the piano!' and I'm like, 'You broke into our house at 2:00 in the morning to play a piano?  How stupid can you be? Where are your parents?'" Rivera said, happy that her partner has a cool head and handled the situation calmly. "The whole thing could have gone dramatically differently."

 

More Here

SC: Varnville Home Invasion, Disarm, Home Invader Shot

According to the Hampton County Sheriff’s Office (HCSO), deputies responded to a report of someone’s life in danger at a home on Hickory Hill Lane early Friday morning.

Deputies arrived to find an empty home, but they heard gunshots nearby and requested backup. As they got closer to the source of the gunfire, they saw two individuals in the middle of the road, one who was armed with a gun and the other who appeared to be wounded.

HCSO says that as deputies worked to secure the weapon from one of the individuals, the wounded man ran away. 

The individual who had the weapon told deputies that the wounded man broke into his home with a gun, and a struggle ensued. The firearm apparently discharged, injuring the suspect’s mouth and exiting through his head.

 

More  Here

WA: Fight on Metro, Man Shot in Self Defense

Officers found a 29-year-old man, residence unknown, had exited the bus with a gunshot wound. Officers and Puget Sound Fire personnel proceeded with lifesaving efforts, but the man died at the scene, according to police.

Officers simultaneously located a 35 year-old man, residence unknown, with minor injuries claiming to have been assaulted by the deceased man, according to police. Initial information indicates that prior to being shot, the deceased male got onto the Metro bus and engaged in an altercation with the 35 year-old male. It is believed that the 35 year-old man shot the deceased once during the fight. The 35- year-old male is cooperating with investigators. 

 

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SC: House Returns Constitutional Carry Bill to the Senate

South Carolina State House, Christmas 2006, Brandon Davis, public domain, cropped and scaled by Dean Weingarten

On February 13, 2024, the South Carolina House rejected the changes to the Constitutional Carry bill which were passed in the South Carolina Senate in January. The House re-passed the bill as it was overwhelmingly passed by the House in 2022. The vote for H 3594 was 85 to 26 with 8 house members not voting and four house members on excused absences. The House Majority leader, Davey Hiott explained the action. From X (formerly twitter) :

"While I respect the intentions and efforts of the Senate, the House Republican Caucus remains united in our decision to non-concur with the senate's changes. We will return a clean version of the Constitutional Carry - Second Amendment Preservation Act to the Senate next week, the exact version that was overwhelmingly passed by the House last year. Our dedication to protecting the Second Amendment rights of law-abiding citizens remains steadfast. It is our firm belief that this bill, in its original form, best reflects the fundamental rights and feedoms of our constituents."

- House Majority Leader Davey Hiott

Governor McMaster may be backing away from his promise to sign the Constitutional Carry bill if it passed. From X (formerly twitter):

"For over two years law enforcement and victims of crime have been begging this General Assembly to pass a bill with stricter increased penalties for illegal gun use and possession. This is how we keep career criminals behind bars and not out on bond shooting and killing innocent South Carolinians."

"The public is losing confidence. So am I."

- Governor Henry McMaster.

Because the bill has already been to the full Senate, it does not have to go through a Senate committee again. It may need to overcome a filibuster.  If the Senate insists on its amendment, three senators are appointed to a conference committee. Two of those are appointed by the President of the Senate. One is appointed by the Chairman of the committee which had jurisdiction over the bill.  The speaker of the House appoints three House members to the conference committee. The conference committee has to reach an agreement to changes, then those changes have to be approved of by both the House and the Senate.

It has been reported the Senate will appoint members to a conference committee. A compromise acceptable to both sides seems possible.

When a conference committee will be appointed, who the members might be, and when they may meet, are all questions to be answered.  Thomas Alexander, District 1 is the Republican President of the Senate. He voted for H 3594 in the Senate. He has the power to appoint two members to the conference committee.   The judiciary Committee Chair, Senator Luke Rankin, district 33, would appoint one member to the conference committee. Senator Rankin voted against H 3594.

The majority leader in the Senate, Shane Massey, has been against Constitutional Carry bills in the past. He was a leader who insisted on amendments in the Senate. He is quoted as saying he believes there will be movement in the conference committee before April. From postandcourier.com:

“I think waiting until then probably makes it worse,” Massey said. “I haven’t heard that there’s going to be any effort to delay the conference committee meetings from trying to get an agreement. I think everybody would like to work out the issue if we can.”

Second Amendment supporters in South Carolina have been working to pass Constitutional Carry (permitless) for over a decade.  Some version appears likely to pass this year. If a version of Constitutional Carry passes, South Caroling will be the 28th state to enact a version of permitless carry. Louisiana is likely to pass a Constitutional Carry bill next.

 

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

Gun Watch

 

WY: Cheyenne Gunfight on Dunn Avenue, 1 Dead, two Wounded

Mauricio Dominguez allegedly got out of the passenger side of the truck brandishing a large pipe wrench in a threatening manner. Gulley simultaneously exited the driver’s side of his vehicle, pulled out a firearm and shot at Mauricio Dominguez multiple times, killing him. Gulley then called 911 to report the incident.

Leandro Dominguez drove the truck to his nearby residence and retrieved a firearm. He returned to the scene, pointed the gun toward Gulley and Krix, and shot at Gulley. Gulley then returned fire. Gulley’s brother — Darnell Gulley, 18, from Cheyenne — heard the altercation from his residence and walked toward the scene. He was nearly struck by the bullets while approaching and fled from the gunfire.

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TX: 14-Year-Old Boy Shoots Man who was Turning Door Knob

According to Sheriff Ed Gonzalez, the man approached the home and was messing with the front door. Gonzalez said it's unclear if he actually unlocked and opened the door or if he was just turning the door knob back and forth, trying to get inside.

 "A 14-year-old boy who was home alone inside the residence became alarmed, grabbed a pistol, and walked to the doorway," Gonzalez said. "He saw a man he didn't recognize and reportedly fired five or six shots from inside the home, striking the man."

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SC: Woman Drives off Intruder with Gunfire

SUMTER COUNTY, S.C. (WACH) — A homeowner was able to scare off a would-be intruder by opening fire with her gun, according to the Sumter Police Department (SPD).

SPD officials say 28-year-old Christopher Adrian England tried to break into a Grimble Court home around 7:15 a.m. on Thursday.

The victim heard a window breaking, saw England and fired shots.

 

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TN: Two Burglars break into Home, Homeowner Shoots Both, one Killed

A homeowner told officers he was asleep when he heard glass breaking in one of his bedrooms. Moments later, the suspects, Diveney and Allen, were in his room with him.

The homeowner yelled at the men, asking why they were in his house. Allen walked toward him, and he fired shots.

Reports state that the two men ran back to the other bedroom to escape, and the homeowner ran out of his front door asking for help.

The resident told police he saw Diveney pull Allen out of a window and, believing they were going to harm him, he fired more shots before the two men got away.

Both Diveney and Allen were shot; Allen did not survive.

 

More Here

MO: Reform to Restore Second Amendment Rights in Public Transportation and Churches

HB 1709 has been introduced in Missouri to restore Second Amendment rights. The bill does this by incrementally removing  infringements on carry on public transportation, in churches, and for people between the age of 18 and 19.

The bill has evolved over the past few years. Last year it passed the House of Representatives, but was killed in the Senate, by not bringing it to a vote. In 2022, the bill passed the House 101 to 40. It was killed in the Senate, by not bringing it to a vote. In 2024, the bill is HB 1708.

HB 1708 makes several incremental changes.

• 1. The bill adds people with a valid concealed carry permit to those allowed to carry weapons on public transportation, with the exception of Amtrak.
• 2. The bill lowers the age requirement to obtain a concealed carry permit to eighteen from nineteen.
• 3. The bill reforms the law to prevent the loss of Second Amendment rights by those who entered  deferred adjudication programs.  In those programs, the defendant is required to plead guilty or enter a plea of nolo contendere. If the program is successfully completed, the case is dismissed and the defendant is never convicted. In Missouri law, if a person "plead guilty to or entered a plea of nolo contendere " they are banned from obtaining a concealed carry permit, even if they were never convicted. HB 1709 removes the "plead guilty to or entered a plea of nolo contendere "  language from the law.
• 4. The bill extends the exceptions for law enforcement officers, retired law enforcement officers and United States military or National Guard personnel on active duty to retired judicial officers or current or former members of the general assembly who possess a valid concealed carry permit or endorsement.
• 5. The bill removes the ban on concealed carry in churches from those who have concealed carry permits.

Proponents of the bill believe it makes people safer. Opponents do not believe it does.  From kcur.org:

The legislation would apply to public transportation, including buses and trains. It would not apply to Amtrak or any partnership involving Amtrak.

Schnelting said he believes his legislation makes public transportation safer.

“It helps to secure our ability and your constituents' ability to defend themselves on the public transportation system, mind you that they pay for with tax dollars,” Schnelting said.

Democrats on the committee and multiple organizations centered around transportation disagreed with Schnelting's assessment.

Analysis:

The reform bill, HB 1709 incrementally removes several infringements on Second Amendment rights to bear arms outside the home. These infringements are being challenged in court cases across the nation. The general ban on carry in churches, even for people with concealed carry permits, is unlikely to stand judicial scrutiny. There is no history of such bans before the mid 19th century. The discrimination against people who are between the ages of 18 and 21 is being challenged in several court cases.  There is no history of such bans until the late 1800s, and then it was extremely limited. There is no history of bans on carry in public transportation, until at least 1900. None of these infringements are likely to withstand the simple Second Amendment test set up by the Heller decision, solidified and made clear in the Bruen decision.

The arguments put forward by the opposition to HB 1709 are essentially the same: guns are bad. More guns are more bad. The arguments do not stand real world tests. Police officers are already exempted from the law forbidding carry on public transportation. People with concealed carry permits have been shown to be several times more law abiding than police officers. If the reforms proposed in HB 1709 are not enacted by the legislature, the reforms are likely to be put in place through judicial process.

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

Gun Watch

TX: Domestic Defense: Trans Shoots Partner Assaulting Them

Charges have been filed against a suspect arrested in an assault at 1303 Gears Road about 10:50 a.m. on Wednesday (February 14).  

The suspect, William Christopher Strickland, 37, is charged with assault of a family member in the 228th State District Court.  A booking photo of Strickland, who was transported to an area hospital with a non-life-threatening gunshot wound to the leg, is not available at this time, as he remains hospitalized.

The transgender female shooter, 24, was not seriously injured.

HPD Major Assaults & Family Violence Division Detectives A. Wright and L. Garcia reported:

HPD patrol officers responded to a report of shots fired at the above address and arrived to find a male with a gunshot wound.  The male, later identified as Strickland, was transported by Houston Fire Department paramedics to the hospital.

Further investigation and witness statements determined Strickland and a transgender female, with whom Strickland had a dating relationship, got into a physical altercation, which led to Strickland strangling the victim.  The victim then stated she shot Strickland in self-defense.

The Harris County District Attorney’s Office was contacted and Strickland was subsequently charged for his role in the incident.

 

VHS/SOA  2-15-24
Inc. #022134924

 

Link to report

TX: Fatal Houston Shooting likely Self Defense

A preliminary investigation determined the male shooter was leaving a restaurant when he saw another male following him.  As he waited at the crosswalk, the male approached him, armed with what he described as an ice pick.  The male with the ice pick then lunged at him.  Believing he was about to be robbed, the male took out his gun and shot the suspect.

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CO: Trail of Destruction after Domestic Disturbance

A suspect in a domestic disturbance allegedly broke into a house and was shot by a homeowner before crashing his car into multiple downtown businesses early Sunday morning, according to Colorado Springs police. 

According to police officials, the trail of destruction started around 1:30 a.m., in the Hillside neighborhood, outside of a house on the 1900 block of South Prospect Street, where the suspect, identified as Fidencio Meza-Pelayo, was involved in a domestic disturbance with his girlfriend.

During the disturbance, his girlfriend ran across the street to get help from a neighbor, and the suspect "temporarily lost sight of her," police said.

The suspect then ran to his house, came back out, got into a vehicle and backed out of the driveway, hitting a neighbor's parked car.

At that point, police said, Meza-Pelayo got out of the car and attempted to break into the neighbor's home, thinking his girlfriend, who was a block away on foot, was hiding inside. Police said the homeowner fired a single shot, hitting the man.

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SC: Columbia Mother Shoots, Kills Man who Forced his way into Her Apartment

Richland County Sheriff's Department deputies responded to a call from Greenbrier Apartments off Parklane Road around 5 a.m. Sunday. 

The woman told deputies she heard banging at the door to her apartment, where she lives with her two children. As she approached the door, a man forced his way into the apartment.

The woman retrieved a gun from her purse and asked the man to identify himself. He continued to approach the woman, and she shot and killed him.

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Bills to Reform the Firearms Code on Address Pass House Committee on January 18

Congressman Dusty Johnson, (R) South Dakota, has introduced legislation to remove an infringement on Second Amendment rights currently existing as part of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) paperwork requirements.  To purchase a firearm from a federally licensed dealer in firearms, a person is required to list a physical address. They are not allowed to purchase a firearm if they list a Post Office Box or a Private Mail Box (PMB) address on the form 4473.  A second bill authorizes Tribal Identification to be used when purchasing firearms from a Federal Firearms License (FFL) holder.

 

 

People who do not have a permanent physical address should not be denied their Second Amendment rights. Senator Mire Rounds, (R) South Dakota, introduced the legislation in the Senate.  From the press release by Representative Dusty Johnson:

 “Just because a law-abiding citizen relies on a P.O. Box as their primary address doesn’t mean their Second Amendment rights should be limited,” said Johnson. “South Dakota is home to many RV-ers and active-duty military who have this problem when trying to obtain a firearm. My bill seeks to correct that.”

“As a supporter of the Second Amendment, I am committed to protecting the rights of lawful gun owners,” said Rounds. “The Traveler’s Gun Rights Act removes an unfair prohibition facing Americans with unique living situations. This legislation will make certain that law-abiding citizens do not face a burdensome roadblock when trying to exercise their Second Amendment rights.”

On  January 18, both bills, the Travelers Gun Rights Act and the Tribal Firearms Access Act passed the House Judiciary committee.  The next step is to have the entire House vote on the bills.

Here is some of the relevant language in the proposed Travelers Gun Rights Act: From house.gov:

‘‘(B) For purposes of subparagraph (A)(i)—

‘‘(i) an individual resides in a State if the individual is present in the State with the intention of making a home in that State; and

‘‘(ii) an individual who maintains a home in more than 1 State is a resident of each such State during the time when the individual is present in that State.

‘‘(39) The term ‘resident’, with respect to a State, means an individual who satisfies clause (i), (ii), or (iii) of paragraph (38)(A) with respect to that State.’’; and

(2) by striking subsection (b).

(b) NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.—Section 922(t)(1)(D) of title 18, United States Code, is amended by striking ‘‘transferee containing a photograph of the transferee.’’ and inserting the following: ‘‘transferee—

    ‘‘(i) containing a photograph of the transferee; and

‘‘(ii) containing—

              ‘‘(I) the address of the residence of the transferee; or

             ‘‘(II) the address for a private mail-box or post office box maintained by the transferee, if the transferee does not have  a physical residence in any State.’’. 

Until 1968, people in the United States were free to purchase firearms anywhere in the United States, if such purchases were not forbidden by state law. People routinely purchased firearms directly form manufacturers through the mail. Relying on the theory crime is caused by access to guns, the 1968 Gun Control Act was passed to restrict access to firearms. The act prevented dealers who did not have a federal firearms license, from acquiring firearms across state lines. Individuals were only allowed to purchase from dealers licensed by the federal government. Sales between individuals were not affected.

The law was later expanded, by interpretation, to affect individuals who were not dealers.  The law was interpreted to mean an individual could not purchase a firearm from another individual who did not have a federal firearms license, if the purchase was in a different state from the residence of the the person doing the purchasing.  The ban on individuals purchasing from individuals was not upheld in court case until 2010! The prohibition on individual to individual transfer between residents of different states does not apply to inheritance or to loans or rentals for lawful sporting purposes. Ban on Individual firearms transfers found in 2010 court case.

206 18 U.S.C. § 922(a)(5). Exception is made for transfers to carry out a bequest or intestate disposition, as well as temporary loans or rentals for lawful sporting purposes. Id. The prohibition on out-of-state transfers may apply to transfers to citizens of other states or even to citizens of foreign countries. See United States v. Sprenger, 625 F.3d 1305, 1308 (10th Cir. 2010); but see United States v. James, 172 F.3d 588, 593 (8th Cir. 1999 (in dicta, characterizing statute as prohibiting transfer of firearms “to other unlicensed persons who reside in a different state”).

The power to regulate such individual activity has been justified by Progressive judges in a bizarre interpretation of the commerce clause. In the Progressive interpretation of the commerce clause, all economic activity is claimed to be interstate commerce. If all economic activity is interstate commerce, there is no reason for an interstate commerce clause.  The requirement to have a federal firearms license is not a longstanding, historical tradition in the United States. It only dates from 1938. The ban on individual to individual transfers between residents of different states is much more recent, occurring some time after 1968.  From Congressional Research Service:

Residents of the United States who do not reside in any state are prohibited from receiving any firearms other than for lawful sporting purposes. 

 210 18 U.S.C. § 922(a)(3). The only other exceptions to this prohibition are for bequest, intestate succession, or transportation of firearms acquired prior to the statute’s effective date. Id. A separate provision prohibits any non-FFL who does not reside in any state from receiving any firearms other than for lawful sporting purposes. Id. § 922(a)(9).

The House is nearly evenly divided, with a slim majority of Republicans.  Passage of this commonsense bill is uncertain. Passage in a Senate with a Democratic party majority is less likely. To expect President Biden, the most anti-Second Amendment president since Lyndon Baines Johnson, to sign such a bill,  would be extremely optimistic.

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

Gun Watch

 

 

 

 

NM: Armed Samaritan Shoots Attacker who Killed Police Officer

Story said Hernandez was responding to a  trespassing call from the owner of the business in the 300 block of South Valley Drive.

"When he arrived, Armando Silva immediately attacked him with a large kitchen knife," Story said. "For no reason whatsoever, Silva killed Officer Hernandez.

"A witness saw the unprovoked attack, retrieved a firearm from their vehicle and confronted the murderer. Silva tried to attack the witness and was shot at least once. Silva later died from his injuries."

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AR: Domestic Defense, Brother Shoots Husband of Sister

The call logs began at 11:25 PM, with a caller to 911 stating that his sister’s husband, Hunter Allen, had struck his sister and mother. The name of the caller is redacted but is known to be off-duty Trumann officer Brett Williams, who was already at the address at County Road 506 in Monette.

The caller stated he had a firearm pointed on Allen. The dispatcher reported that the caller said there were too many people there for him to keep wrestling with the subject, indicating a physical struggle had already begun. The caller was armed with a Glock 15 and identified himself to dispatch as an off-duty officer for the Trumann Police Department. According to the 911 call, Hunter was intoxicated and eventually went into the house with the caller’s sister, locking the door. The mother and step-father were locked outside. The line went dead after this.

At 11:29 PM, a second caller was noted in the log. At 11:30 PM, dispatchers logged that the sister’s husband had been shot in the chest. The male shooter was standing out front. 911 instructed him to put the firearm away and to have his hands up when officers arrived.

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CT: Man shoots Armed Robbery Suspect in Self Defense

It was around 5 a.m. Saturday. Garden Street was quieting down.

It was a night of rowdy house parties and clubbing.

One man sells hot meals to hungry people afterwards.

That’s when a second man, Adrian Easterling, allegedly tried robbing him, then killed the man’s friend, Akeem Williams.

“He walked in with a mask all blue dressed down as soon as he come in, he take the ring off the dude finger. As soon as he take the ring off his finger, he shot him,” the man said.

This man then sprinted into the kitchen, put a bullet in the chamber, and fired back at Easterling, killing him. Police are investigating.

“My gun was already on me but there was nothing in the head so if I reach for it do this, he gonna got me and I just seen him shot somebody right in front of my eyes,” said the man.

 

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NICS numbers for January 2024 Hold Steady at New Normal

 

The January 2024 National Instant background Check System (NICS) shows the number of guns sold for the month are very close to the average for the last ten years. For the years from 2015 through 2024, the number of guns sold in January varied between .98 million in 2018 to 2.02 million in 2021. The average was 1.21 million. The 2024 number is 1.15 million. This is a 5.8% decrease from gun sales in January of 2023.  Background check numbers varied more than gun sales, from 1.77 million in 2015 to  4.32 million in 2021.

The number of background checks does not correlate well to gun sales because the NICS system is used for many things other than gun sales. The number of checks done for carry permits and carry permit rechecks often exceeds the number for handgun and long gun sales. Because of this a detailed analysis of the FBI NICS numbers is necessary to determine a close approximation of gun sales. 24 states have  permits which required a background check to obtain, such as a carry permit, and the permit can be used to purchase firearms without another NICS check.  One NICS check can be used for multiple firearm purchases.  Illinois and Kentucky have, at times, used the NICS system to check all of their carry permits every month, vastly inflating the number of NICS checks.

In the last ten complete years of NICS checks, 2014 - 2023, 145 million firearms have been added to the private stock in the USA. The 145 million number was calculated using the ATF numbers for the first eight years, and estimates based on the NICS background checks for the last two years. The total number of private firearms in the United States is now over 500 million.  The number of private firearms in the USA doubled since 1997. Over half of the private firearms in the USA are less than 26 years old. Firearms, with minimal care, last for centuries.

The most common reason given for owning a firearm is protection. According to the Pew Research center, this percentage has gone up five points from 2017 to 2023. This fits well with the theory of gun ownership increasing because of chaos in the international scene and chaos in the urban United States. The theory is bolstered by the increasing number of new gun owners who are black people, women, and Asians. The idea of ownership of weapons to increase security is as old as humanity. The recent political theorem, that the ownership of weapons presents a greater danger to the owner than to their foe, does not have the pedigree, common sense appeal, or personal and anecdotal evidence of validity which the ownership of weapons has.

Personal experience has taught most people to distrust statistical evidence presented to promote a political agenda.

Only in a hyper-safe, urban and stable environment can a case be credibly made the presence of personal weapons renders a person less safe, and only when the risk of suicide is included in the mix.  Hyper-safe, urban, stable environments are historically fragile and rare. Only a few civilizations have been able to produce and maintain them for relatively short periods.  In such unusual cases, segments of the population can be convinced the ownership of weapons is a greater risk than not owning them. As international and urban chaos increases, such segments of the population shrink, and more people opt to own personal weapons.

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

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