Monday, January 21, 2019

Austin Taken to Court for Violating Texas Law on Exercise of Carry Rights

Recently re-elected in November, 2018, Texas Attorney General Ken Paxton is taking scofflaw counties and cities to court. The subordinate government entities refuse to conform to a reform of Texas gun law.

In 2015, the Texas government passed an open carry statute. The statute went in effect on 1 January, 2016.

Part of the statute was to prohibit subordinate units of Texas government, such as cities and counties, from infringing on the carry rights of legally armed Texans. 

Specifically, the number of official "gun free zones" were reduced.  Gun free zones were generally forbidden in government buildings. There were exemptions, including for courts and offices used by courts. From
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
In December of 2015, before the statute went into effect, the cities of St. Angelo and St. Marcos asked Attorney General Ken Paxton to issue an opinion on the new law. In the statute, premises are defined as a building or part of a building.

Texas Attorney General Ken Paxton, when asked to clarify what "premises" of the court meant, issued a thoughtful opinion which stated it meant the courtroom and other offices of the court used for specific court functions.

Paxton further clarified the opinion, explaining what would be an offense with signage that did not conform with the Texas Statutes. Both opinions were issued in December of 2015.

In 2016, a private citizen wrote to Waller County, asking them to take down their signs. They said if they would not, they would refer the county to the Attorney General. Waller county responded with a lawsuit against the private citizen, for exercising their right to petition the government.  That lawsuit was eventually settled on behalf of the citizen. The Texas Appeals court squashed the lawsuit and ordered the District Court to reverse and require the County to pay lawyers fees and other costs.  The County appealed to the Supreme Court, which refused to hear the case, just a few months ago.

In 2016, as provided for in Texas law, other private citizens had asked AG Paxton to determine if several cities and counties were violating the statute. Several cites refused to abide by the AG's findings. They were sued to conform with the law.

Now that the Waller case has been rejected by the Supreme Court, the other cases are coming to a head.

Paxton is proceeding with the cases against subordinate government entities. In 2019, the AG office made the case that Austin should pay the $750,000 of fines that have accumulated since 2016.

On 10 January, 2019, the Texas AG office issue this statement.  From
“The city of Austin cannot defy Texas’ licensed carry laws, or any state law enacted by the Texas Legislature, simply because it disagrees with the law or feels like ignoring it,” Attorney General Paxton said. “I will always vigilantly protect and preserve the Second Amendment rights of Texans, and I’m hopeful the Travis County district court will uphold Texas’ open carry law passed by the people’s representatives.”

In July 2016, Attorney General Paxton filed a lawsuit against the city of Austin after a resident with a concealed gun permit complained of being turned away from City Hall on several occasions. Under Texas law, the city of Austin can be fined $1,500 a day for more than 500 days during which the city has barred citizens with a handgun license from bringing handguns into City Hall since the lawsuit was filed. The attorney general’s legal team asked the Travis County district court to impose a total fine of over $750,000.
There are at least two other cases extant. The case against Waller County, and a case against McClellan County (includes Waco).

Any one of these cases will likely set precedent. The Waller county case that was appealed to the Texas Supreme Court did not address the definition of "premises" that is the crux of the scofflaw government's argument. The case against Austin seems most advanced.

The idea that only actual courts, being used as courts, can ban guns in a government complex, is a rational interpretation of the law.

It may be months before the Texas court rules on the Austin case. It is likely to be appealed.

Update: The court has ruled, fining Austin $9,000, for banning gun carry on days the court in the municipal complex was not in session. The case may be appealed.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

VA: Armed Store Owner Stops Armed Robbery

On Sunday, Haddad’s wife was working the register, when a knife-wielding robber suddenly stormed in.

In the video, which is now evidence, you can see the robber was surprised by Haddad who makes it look like he's complying, then pulls out a gun and fires, Crime Insider sources told Jon Burkett.

The would-be robber ducks and runs.
More Here

OH: Armed Citizen Aids Police in Capturing Fleeing Criminal

According to Parma Police, an officer pulled over a suspect -- Shon Burton, 22, of Cleveland -- at Snowville Shopping Center for driving erratically and running a red light.

As Burton came to a stop, the vigilante -- a concealed carry gun owner, driving a Jeep -- blocked the suspect’s car in an attempt to help the officer.

The suspect rammed the Jeep and nearly hit the officer, leading the gun owner to open fire on Burton.

Burton fled, later crashed his car at Brookpark and Tiedeman Roads, and was caught and arrested at a nearby Sam’s Club.

Officers discovered a loaded sawed-off shotgun in the area of where the Burton crashed. The shotgun had previously been reported stolen out of Kentucky.
More Here

FL: Domestic Defense, Child Custody, Shot Fired, Woman Arrested

30-year-old Britney Gunn was arrested and charged with aggravated assault with a firearm. The police report says Gunn and a child’s Mother got into a fight with the child’s Father during a custody exchange. The report says the suspect pulled out a gun and pointed it at the Father. Police say he shot back with his own gun.
More Here

KY: Resident Men Disarm 1 of 2 Home Invaders

“I was in the shower and I heard my sister screaming my name and I walk up to the room and my sister’s boyfriend had him lying on the ground and I was so confused because I thought they were wrestling,” said Schuler.

He quickly realized that it wasn't a game and jumped in to take down the burglar while the other thief ran off.

“My sister was like, ‘He has a gun.’ I reach for the gun, slipped it through his hands and grabbed it out,” said Schuler.

Police say a shot was fired but no one was hit. Schuler says they had to fight off the thief and keep him pinned down until police arrived.
More Here

Followup ME: No Charges for Brian Duplisea in Shooting of Ralph McLaughlin II

The Penobscot County district attorney’s office said Thursday it will not prosecute the Newport man charged in connection with a Dec. 12 shooting at a convenience store.

Brian Duplisea, 34, of Newport originally was arrested and charged with reckless conduct with a dangerous weapon, a Class C crime. He was released from Penobscot County Jail on $10,000 cash bail Dec. 13.

District Attorney Marianne Lynch said her office could not prove beyond a reasonable doubt that Duplisea committed the crime, so it was not going forward with the case.

More Here

Sunday, January 20, 2019

CO: Armed Mother Scares of Three Armed Teen Burglars

The teen suspects arrived at the victim’s home in a stolen car, broke in and took several items including a gun, jewelry and keys to the homeowner's car.

Surveillance footage shared with 11 News shows the criminals in the act armed with guns. One of them was even seen looking in the fridge. While they were rummaging through the house you can see the robbers gather at the front window. They noticed a woman coming toward the house.

That woman was the homeowner’s mom. She noticed the door ajar.
“I ran back in here I got my pistol and that’s when I walked across the street,” the mom told us.
More Here

IN: More on Indianapolis Shooting, 1 of 3 Home Invaders Killed

On Thursday prosecutors believe Ricky Cartmel pried open the front door just after sunset and was was shot and killed by a homeowner’s son.

“It’s important to see how much the homeowner did before he shot. He had a friend call 911. He yelled out warnings. He told them to go away and only all that, he resorted to lethal force. It’s exactly how stand your ground should work,” said attorney John Tompkins.

Attorney Tompkins isn’t connected to the case, but agrees with the decision not to charge the homeowner’s son with a crime.

But two suspects who survived the shooting Thursday — identified by police as brothers Benjamin Gardner, 47, and Kevin Lemaster, 40 — are now facing two counts of burglary and one count of felony murder.
More Here

AL: Wounded Armed Employee Shoots Back, Stops Shooting Spree at IHOP

"Turner was a customer who came to the business to pick up a carry out order. He became disruptive and loud regarding the service at the business, which lead to a verbal, then physical altercation between [he and] another IHOP employee. After the physical altercation he [Turner] pulled out a handgun and started firing at employees, striking Roy Brown, Sr. and the unnamed employee. The unnamed employee that became wounded then pulled a handgun and shot the customer-shooter in self-defense of others. Both Brown and Turner died at the scene.

More Here

AR: Victim Fires at Home Invaders that held Gun to Child's Head

JONESBORO, AR (KAIT) - Police are searching for three men who forced their way into a Jonesboro family’s home, put a gun to a child’s head, and robbed them.


Police told Region 8 News that one of the victims fired at the suspects as they ran away, but missed.
More Here

NC: Armed Resident Shoots, Wounds 1 of 2 Home Invaders

According to Fayetteville Police, armed gunman forced their way inside an apartment looking for their target but that person turned the tables and shot one of the suspects.

The incident happened Monday night at Meadowbrook Apartments off Ramsey Street in the King's Grant area.
More Here

Followup OR: Fatal Shooting of Robert Barry, 58 by Alan Frost, 77, was Justified

JOSEPHINE COUNTY, Ore. — After reviewing the investigation into an October 2018 shooting in Grants Pass, where an elderly man shot a stranger on his deck in what he claims was self-defense, Josephine County District Attorney Ryan Mulkins has ruled that resident Alan Frost, 77, was justified in his use of force. Each instance of physical or deadly force is analyzed on a case-by-case basis. Furthermore, cases involving self-defense require specific inquiry into the reasonableness of the actions to determined if they are justified.
More Here

Armed Homeowner Single-Handedly Takes Out 4 Home Invasion Suspects

Authorities are investigating an attempted Houston home invasion where a single homeowner reportedly used a gun to defend himself from at least four suspected burglars.

Police say several men forced their way into a home; varying reports put the number at four or five. The homeowner shot all of them, according to KHOU. Three of the four suspects died, and one was hospitalized, police said.

The homeowner, who told police he acted in self-defense, was not injured.

The incident took place at around 1 a.m. Saturday.

One man was found dead in front of the house, according to KPRC.

One suspect who ran out of the house was later found shot in the leg. Some reports said a wounded man fled the house and did not specify if he was arrested. It was not clear early Saturday if this was the same man or two different men.

Two men fled the scene in a vehicle, police said. The vehicle struck a pole about two blocks from the house where the home invasion took place.

One man was found dead in the back seat of the vehicle, according to KTRK. Another man left the vehicle was later found dead on the street.

After the shooting stopped, police were at the scene searching around the home. The shooting took place on Sherman Street near 71st Street.

Authorities are investigating the situation and the homeowner was taken away for questioning by Houston police.

Leftist Tribal Activist Attempts to Intimidate, Provoke, Youth in MAGA Hat, Fails

On 18 January, 2019, during the March for Life in Washington, D.C., another much smaller event was also scheduled. It was the first Indigenous Peoples March.  The video at the link shows there may have been a couple of hundred at the march, compared to many thousands at the 46th March for Life.

Nathan Phillips, an Oklahoma elder and Native American activist, was drumming and chanting during the two events. He moved away from his group and approached a group of pro-life teenagers, some of who were wearing MAGA hats.

The video can be seen below. Phillips gets right into the young man's personal space. It appears Phillips is trying to intimidate him, to get him to move or flinch, or push back. At one point Phillips drum appears to touch the young man's shoulder. Phillips beats the drum literally in the young man's face.  The drum stick is flashing by, only inches from his nose. At the same time, Phillips is chanting/screaming directly into the young man's face.  It appears to be an attempt at provocation by Phillips.

The young MAGA hat wearer refuses to be intimidated or provoked into a reaction that can be used against him.

It does not matter. The Washington Post runs a story claiming the young MAGA hat wearer showed disrespect by "smirking" at Phillips.

Phillips was involved in another incident in Michigan, where he claimed to have been disrespected. No evidence but his testimony was apparent. From his account, he appears to have provoked any incident that might have happened in Michigan.

At, the writer tries to portray the incident as teenagers in MAGA hats ridiculing, mocking, and taunting Phillips.

Some of the commenters there watched the video and are not buying the "mocking" narrative.

from onlygirl:
The elder demanded that boys attention, and the boy stood there and willingly gave it. The elder made him a part of it and the boy accepted by respectfully giving his attention to the elder. My sons who are half native would have done the exact same thing. Honestly to me it looks like the kids were enjoying it and the elder made them a part of it. I guess people want to find something to be offended about. There is nothing wrong with making america great again either. His hat is just a hat.
 from Red C:
No disrespect seen by the kids. The elder activist confronted THEM, while they were minding their own business, broke away from the march. They said and did nothing racist or demeaning, just danced and tried to chant along, or stood silently in their discomfort and tried to have a good time in spite of not knowing just how to react to a grown man approaching them whose culture they were not part of. Bullying and hating on these kids by the leftist agenda divisive SJWs at ICTMN is the abuse here. And I am native.

Watch the video, make up your own mind. Social Justice Warriors are piling on. They have given out the number of the school the  teens came from. They claim to identify the teen who silently stood and endured the provocation by Phillips.

This is a creating of an outrage from nothing, unless you consider the obvious provocation by Phillips.  It was created for the media, to show the power of the left to intimidate and cower anyone who is not in one of their favored identity groups.

This is how fake news is created.

©2019 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

Update: Video of Phillips approaching students. He went to them, not the other way around, as the fake news is reporting.

Link to new video

Saturday, January 19, 2019

AG Nominee William Barr on Second Amendment During Confirmation Hearings

On January 15, just a little before 5 p.m. Senator John Cornyn asked Attorney General nominee William P. Barr about his views on the Second Amendment. The question and answer were recorded as part of C-SPAN coverage of the nomination process.

The question and answer, with some more commentary by Senator Cornyn occur from about 4:56:33 to 5:00:04 on the C-SPAN timer.  There is a transcript on the C-SPAN link, but it has a few errors, perhaps introduced by the automated computer transcription process.

For example, the transcript misses the first half of Senator Cornyn's opening sentence, where he says "Mr. Barr, I want to talk about guns," I have created a more accurate transcript below. It can be checked by watching the video.

Starting about 4:56:33 on January 15, 2019 from

Senator John Cornyn from Texas: 

"Mr Barr, I want to talk about guns, and I want to talk about China in the five minutes we have together. Back in 1992 there was some discussion about your position on Congress' role when it comes to banning certain types of semi-automatic weapons, sometimes people call those "assault weapons". But In the intervening years, the Supreme Court has now spoken, both in the Heller and McDonald cases, and recognized the Second Amendment confers and
 individual and fundamental right to bear arms. 

Could you,sir,  bring us up to date from your views in 1992, and how they were affected by Heller and McDonald, and what your views are now on the Second Amendment?"

The Hon. William P. Barr: 

"Sure. I think I opposed an assault weapon ban because I felt that was really sort of the aesthetics of the gun.  

Since that time Heller has been decided. Actually, before Heller, I did work on OLC on this issue, and I personally concluded that the Second Amendment creates a personal right, under the Constitution.

It's based on the Lockean notion of the right of self preservation. It's tied to that. I was glad to see Heller come out and vindicate that initial view that I had. 

And so there is no question under Heller that the right to have weapons, firearms, is protected under the Second Amendment and is a personal right. At the same time there is room for reasonable regulation. 

From my standpoint, what I would look for, in assessing a regulation, is what is the burden on law-abiding people and is it proportionate to whatever benefit, in terms of safety and effectiveness, will be conferred.

As I said, just a moment ago, lets get down to the real problem we are confronting, which is keeping these weapons out of the hands of people who are mentally ill. I think all the rest of this stuff is really, essentially rhetoric, until we get that problem dealt with; in terms of regulatory approaches."
This transcript ends about 4:59:35 on January 15, 2019. Senator Cornyn has some additional commentary after that.


Link to video

A short analysis of Mr. Barr's Second Amendment testimony.

Mr. Barr is a lawyer, and by all accounts, an exceptionally good lawyer. His use of words is very precise.  He references work he did pre-Heller, where he concluded the Second Amendment is an individual right, probably about 1989, when he was the Assistant Attorney General, writing opinions for the Office of Legal Counsel.  Someone will find the actual opinion.

The fact that he came to this conclusion before Heller, is significant, and positive. Before Heller, the vast majority of the legal community dismissed the Second Amendment as essentially irrelevant (based on misleading appeals courts decisions).

Mr. Barr also mentions "the Lockean notion" with is a direct reference to natural law, and the foundation of legal theory for the Republic of the United States. This suggests that Barr is an originalist and a textualist in his interpretation of the Constitution.

The questionable part of Mr. Barr's answer is this: 
From my standpoint, what I would look for, in assessing a regulation, is what is the burden on law-abiding people and is it proportionate to whatever benefit, in terms of safety and effectiveness, will be conferred.
Two things stand out. First, Mr. Barr is considering the burden on law-abiding people first, and then considering the potential benefit, second. This sounds like "interest balancing".

I suggest it is more nuanced. The Supreme Court in Heller specifically denied "interest balancing" as a possibility for anything to do with core Second Amendment rights. Mr. Barr is *not* using the wording of the various appeals courts of "government interest" in his comparison. He mentions "burdens on law-abiding people. That may indicate he puts the interests of those exercising their rights ahead of potential benefits.

Mr. Barr did not come across as a Second Amendment zealot. I would not expect him to do so, in a nomination hearing.

But consider Ruth Bader Ginsburg's words about the Second Amendment: From
"If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new," she said. "It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation.""
William P. Barr wrote the Second Amendment was an individual right almost 20 years before Heller.  That may be the most important thing to understand from the confirmation hearings.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Armed Homeowner Holds Car Burglar for Police

Once on scene deputies learned that the homeowner had woken up and observed someone in his SUV. The homeowner grabbed a gun, ran outside, grabbed the thief from inside the vehicle and held him at gunpoint until deputies arrived.

More Here

Followup PA: Grand Jury, "No Bill" for Gage L. Woods in Fatal Shooting of Jery Hendershott

A grand jury formally issued a “no bill” in Woods’ case, which means it decided to not indict on murder or a lesser charge. He was due to be released from Stark County Jail, where he’s been held since the incident.

Jakmides said his client was acting in self defense when Hendershott tried to force his way into Woods’ home. “The individual was making threats and was forcing entry and Mr. Woods exercised his right to defend his residence and himself and shot him,” the attorney said.
More Here

TX: Domestic Defense, Son Fires Shots to Stop Assault on Mother

A Jasper County boy fired several gunshots into the ground in an effort to protect his mother as she was being assaulted by her boyfriend, according to Sheriff Mitchel Newman.

The incident occurred at a home on County Road 298, which is also known as Garland Smith Road, around noon Monday.

Newman said that his deputies responded to a report of a disturbance with shots fire.

When JCSO deputies got to the scene, they learned that the boyfriend, who was later identified as Kenneth Brown, had the boy’s mother by the collar and was “throwing her around,” Newman said.
More Here

FL: Armed Robbery Suspect Shot by MetroPCS Worker

According to the police report, Deschion Baskerville went into the MetroPCS, pulled a gun on a female clerk and demanded money, threatening to kill her. She handed over some money, then ran into the office and told a co-worker what was happening.

The co-worker then came out and shot Baskerville, police said.
More Here

NC: Homeowner Wounded in Gunfight with several Home Invaders

A Raleigh man was shot and seriously wounded Tuesday after exchanging gunfire with suspects who broke into his North Raleigh home off Louisburg Road, police said.

The man was recovering Tuesday at WakeMed with injuries police described as serious but not life-threatening.
More Here

Friday, January 18, 2019

Yunson Zhao: Charges Droped on Obscure Rifle Charge after Nearly Eight Months in Custody!

On September 24, 2018, Yunsong Zhao was vindicated. He had done nothing illegal. The evidence against him was so weak, the judge did not let the case go to trial. He dismissed the case based on lack of evidence. From
CHRISTIANSBURG — A judge on Monday dismissed the firearms charge against former Virginia Tech student Yunsong Zhao, saying that he didn’t believe the police officer or gun dealer who were the prosecution’s main witnesses.

The evidence that Zhao, a 20-year-old Chinese national, possessed an assault weapon that is allowed only for U.S. citizens or permanent residents was too flimsy to let a jury even consider a conviction, Montgomery County Circuit Court Judge Marc Long said. Zhao, who has been locked up since his Jan. 29 arrest, had faced up to five years in a Virginia prison if found guilty on the gun charge.

Zhao grinned and clasped his hands after Monday’s dismissal — then was returned to the custody of federal immigration authorities.
If Zhao had been a citizen, or a permanent resident, he would have been released at that point. But Zhao was in the U.S. on a student visa.

Zhao had been charged with an obscure law making it illegal for a non-citizen to put a magazine that holds more than 20 rounds into a semi-automatic rifle. Zhao had legally purchased the rifle, which originally had 30 round magazines with it. Because Zhao had researched the law, he knew he could not legally put the magazines in the rifle. He traded them for a sling, and purchased 20 round magazines. He was arrested after firing the rifle at a range. Fortunately, a friend had video taped him. The video showed him changing the magazine after 20 rounds.

An undercover officer had followed him to the range.  The officer claimed the saw a 30 round magazine in the rifle. That is what resulted in the arrest. A search of Zhao's possessions only turned up 20 round magazines. The officer claimed he did not video the firing, because his cell phone ran out of battery power at exactly that point. The judge did not buy the officer's explanation.

While Zhao was in custody,  he was expelled from Virginia Tech for unauthorized possession of  a knife on campus. The charges were brought after he had been arrested on the rifle charge. He was unable to contest the charges because he was in custody. As he was no longer enrolled at Virginia Tech, he lost his student visa.

After he was acquitted of the rifle charges, he remained in custody because he no longer had a student visa. An immigration court ruled that he had to stay in custody, largely because of the rifle case (which had been dismissed).  

Yunsong Zhao left the United States in October of 2018. He was simply tired of being in custody. He could leave, because he had been acquitted. He had been in custody for close to nine months.

He had not committed any crimes.

He came to the U.S. legally.

He went into custody as a teenager. He came out most of a year later. At 19, nine months is a very long period of time.

I would like to believe the authorities had legitimate reason to target Yunsong Zhao. It would make living in the United States a easier.

We rightly condemn other countries for holding U.S. citizens for months and years without proper trials.

Yunsong Zhao was caught in a trap of U.S. paranoia, obscure weapons law (which he obeyed!) and insane University regulations forbidding the possession of a knife.

The authorities said they were concerned he had purchased a former police car. He had looked at how much police lights for the car cost on line. He had looked up what bullet resistant vests cost. He had looked on line at the cost of 5,000 rounds of ammunition.

Strung together, these items can sound menacing. They do not seem unusual for a teenage university student who is interested in police work. If Zhao were a citizen or permanent resident, looking at these items online would be covered by the First Amendment.

University students in other countries should be careful to not break the laws or rules they are supposed to live under.

But hold a young man in custody for nine months because of a stupid rule about possession of a knife with a blade of more than 5 inches? On a university campus?

This is America.

Consider a student is forbidden to possess a knife on an American campus. Not carry a knife, but to possess a knife. Think how far that is from the Second Amendment.

Virginia Tech is not alone. Many American colleges and universities forbid students from possessing knives on campus. It is irrational. It is stupid. It shows how far our insane universities are going to indoctrinate students with anti-weapon attitudes.

Virginia Tech is a public, "land grant" college.  It is a senior Reserve Officer Training Corps college. It obtains considerable money from the United States and the State of Virginia.

The college is allowed to obtain this money while blatantly enforcing absolutist anti-self defense and anti-Second Amendment rules.

How is it that land grant institutions are allowed to show such a flagrant disregard for one of the foundational freedoms in the United States?

Students for Concealed Carry on Campus (SCC)has been making significant progress over the last ten years. Several states have reformed their laws to allow students to exercise Second Amendment rights on campus. SCC does not lobby to reform the rules for possessing knives on campus. 

Knife Rights is pushing hard to eliminate knife bans from state statutes. That does not eliminate university rules.

What happened to Yunsong Zhao should be a warning to all Americans.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TN: Gunfight, Car Burglar and Pastor, Both Wounded

But when he got to one house, he was confronted by the homeowner, Brett Frans.

The two men exchanged gunfire, and both were injured.

Lee is out of the hospital and in jail, charged with several felonies, including attempted second-degree murder,

"I don't know who shot first," said neighbor Tom Barthalow, who was in bed when he heard the gunfire. "I know it was a lot of shots, though. Sounded like a full automatic to me."
More Here

IL: Loose Pit Bull Mix Shot, Wounded

Owners are responsible for the action of their dogs. 

The couple then reported the dog was aggressively barking and was attempting to bite the man.

Initially, the dog’s caretaker was able to lure the pit bull back across the street with “commands and treats,” but it later returned to “acting aggressively” toward the pair.

The woman told police she fired a “warning shot” at the ground in an attempt to deter the dog’s aggression, and, when that did not work, she shot the dog in the shoulder.
More Here

Followup ID: Fatal Shooting of Joshua Matthew Cole was Justified

BONNER COUNTY, Idaho — The Bonner County Prosecuting Attorney has determined that the shooting death of 39-year-old Joshua Matthew Cole on Oct. 12, 2018, was a “justifiable homicide” carried out in self-defense.

Cole died after being shot by 41-year-old Jimila Hall in the Clagstone area outside of Spirit Lake, according to a letter from Louis E. Marshall, Bonner County Prosecuting Attorney.
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AK: Homeowner Fires a Shot to Stop Burglary Suspect

Troopers say 18-year-old Raymond Koonaloak of Utqiagvik climbed through a dog door into the home and stole gloves and a circular saw.

The homeowner, carrying a gun, confronted Koonaloak outside the home.

Troopers say Koonaloak charged toward the homeowner, who fired a shot. No one was injured.
More Here

OH: Homeowner Shoots Man who Attacked Him

“My husband just shot somebody on my porch,” a 911 caller said. “There’s blood all over my porch.”

Dayton police said the shooting followed an incident where Staten allegedly demanded money from the victim.

“When the victim stated he would not provide the money, the suspect attacked the victim,” police said in a statement. “During the ensuing struggle, the victim shot the suspect.”
More Here

Thursday, January 17, 2019

Terry Holcomb, Second Amendment Activist, Prevails against Waller County Tyranny

In August of 2016, Terry Holcomb, a Second Amendment activist, wrote a letter to Waller County, Texas. The letter asked Waller County to stop breaking the law, according to what had been passed in the 2015 legislature.  Some county officials disagreed with the Texas Attorney General, on what the law meant.

So Waller County sued the Second Amendment activist, in an attempt to undercut the Attorney General. This was a direct violation of Texas Law, the Texas Constitution, and the First Amendment of the United States Constitution.

A Government entity is forbidden from suing a citizen, merely for complaining against it, and asking the entity to follow the law.

The case has been in the courts for over two years. The Second Amendment activist has been vindicated. He has not yet been paid the attorney fees and costs he is due. Here is the timeline:

 On the 28th day of November, 2016, Judge Albert M. McCaig, Jr. found for Waller County.

Terry Holcomb filed for an extension to appeal, to the Texas Court of Appeals in Houston on 21 November, 2017.

On 5 January, 2018, the County Judges and Commissioners Association of Texas issued an amicus brief to the appeals court, contending that Waller County had every right to sue Holcomb, and the appeals court should rule against him. From
The County Judges and Commissioners Association of Texas seeks to avoid the negative impact that will result if the district court decision is reversed. Accordingly, the County Judges and Commissioners Association of Texas has paid all fees and expenses associated with the preparation of this brief.
On 15 March, 2018, the Court of Appeals found for Terry Holcomb. They found there was no standing to sue Holcomb, because Holcomb did nothing wrong. He merely complained.   From
The trial court lacked subject-matter jurisdiction to hear Waller County's declaratory-judgment action, and we therefore reverse the summary judgment that the trial court rendered in Waller County's favor. We remand the case to the district court with instructions to dismiss the County's suit for lack of subject-matter jurisdiction after holding further proceedings for the limited purpose of awarding Holcomb his court costs, reasonable attorney's fees, other expenses incurred in defending against the action as are equitable and just, and any other relief available under the Citizens Participation Act.
Waller County filed an appeal to the Texas Supreme Court. The Supreme Court denied the petition and ordered Waller County to pay costs to Terry Holcomb.

WALLER COUNTY, TEXAS v. TERRY HOLCOMB, SR. The Court denied review of the petition on August 31, 2018
     I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case numbered and styled as above, as the same appear of record in the minutes of said Court under the date shown.

It is further ordered that petitioner, WALLER COUNTY, TEXAS, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this the 15th day of October, 2018.
The Attorney General, Ken Paxton commended the action by the Supreme Court of Texas. From
Attorney General Ken Paxton today commended the Texas Supreme Court after it left intact a state appellate court decision that sanctioned Waller County for suing a private citizen who complained that the county was unlawfully banning firearms from its government building.

“Today’s ruling represents a huge win for individual freedom, the First Amendment and the right of citizens to participate in government,” Attorney General Paxton said. “Waller County had to be stopped from using litigation to muzzle someone who simply called on it to stop violating state law. The Supreme Court’s decision should deter other Texas governments from similar conduct.”

Last March, the First Court of Appeals of Texas overturned a Waller County district court’s ruling, concluding that the county lacked jurisdiction to sue Terry Holcomb Sr., and that he had a constitutional right to ask the county in a letter to comply with Texas’ open carry laws – without fear of a retaliatory or meritless lawsuit. The attorney general’s office filed a brief in the case, arguing that it should be dismissed.
According to Terry Holcomb, he and his attorneys have yet to be paid.  The case to determine payment is yet to be on the docket. The wheels of justice turn slowly.

The Texas Appeals Court and Texas Supreme Court found it wrong for a government body to sue a citizen who complained and asked them to follow the law.

It is astonishing that the County Judges and Commissioners Association of Texas attempted to convince the upper courts that a county government could legitimately sue a citizen, simply because they asked the County to follow the law.

Potential tyrants live at every level of government.  Terry Holcomb and patriots like him are needed to keep the tyrants in check.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

AR: Man Wounded and Held for Police during attempted Burglary

He went to investigate and discovered a man in a truck attempting to steal a trailer from a shed at the abandoned house. Loe said the would-be thief attempted to run over Nipper. Nipper was able to fire a shot, hitting the suspect in an arm.

The suspect drove a short distance before the vehicle pulled into a ditch and became stuck.

Accounts said Nipper held the suspect until Columbia County deputies arrived.
More Here

FL: Gunfight, Wounded man Fatally Shoots Attacker

A witness told police two men were arguing over the Los Angeles Rams-Dallas Cowboys game when 37-year-old Brandon Grant shot 35-year-old Willie Byrd.
Police said Byrd fired back, fatally wounding Grant. A relative took Grant to Bethesda Hospital in Boynton Beach where he died.

More Here

PA: 90-Year-Old Man Shoots, Wounds, Intruder at 3 a.m.

Police say Adam Gelatt repeated banged on the back door at about 3:00 am. Gabriellini went to the door carrying a revolver. Gelatt told the older man that he wanted to come in the house and he wanted a cigarette. Gabriellini told Gelatt he could not come inside, and Gelatt responded that he was going to enter the home anyway. Gelatt then pulled what Gabriellini thought was a gun from his pocket. Gabriellini then raised his gun and shot Gelatt in the leg. Gabriellini then locked the door and called police.
More Here

MD: Liquor Store Employee Shoots 1 of 2 Robbers

For the second time in two months, the House of Spirits liquor store in Canton was held up at gunpoint. This time, the robber was shot by an employee.
More Here

Boston Mayor Wants to Mandate Doctors to ask if Patients own Guns

Boston Mayor Martin Walsh wants to mandate that Doctors teach patients about gun safety. It appears to be another Orwellian definition. Gun safety in these circumstances seems to mean getting rid of guns. There is no mention of using known gun safety experts who have been working on the subject for decades. From
Involving doctors in gun safety: This act would require medical professionals to ask patients about guns in the home, and bring up the topics of gun safety. The goal, Boston Police Commissioner William Gross said, is to identify those at risk for domestic violence, suicide or child access to guns in order to guide people to mental health counseling, resources or other help. “We’re just asking them to help identify ways to save lives,” Gross said.

The fact that a patient owns guns would not be put in their medical record, and is not intended to have physicians help solve crimes.

Chief of Health and Human Services Marty Martinez said that while the program is already common practice at many of the city’s community health centers, legislation would broaden the program statewide.
The claim is the ownership of guns will not be put in a patients medical records. If not, how will the ownership of guns help to "guide people to mental health counseling, resources, or other help"?  Maybe the information will be stored somewhere else.

This is part of the Progressive push to medicalize all of society. Some of the first big wins of Progressives were to exclude medical issues from most Constitutional protections, in the name of "safety".  The big issue was mandatory vaccinations. Mandatory vaccination arguably violates the First and Fourth Amendments to the Constitution.

That is the model being pushed with guns.

There are big differences.

No one claims smallpox is a Constitutional right.

Half, or more, of the population understands that being armed offers many advantages to the person armed. It is why Americans tenaciously support the Second Amendment.

The tactic used by Progressives to undermine and destroy the Second Amendment is to propagandize the population into believing they are safer when they are disarmed. Rudyard Kipling had an answer to in his poem, Gods of the Copywrite Headings:
When the Cambrian measures were forming, They promised perpetual peace.
They swore, if we gave them our weapons, that the wars of the tribes would cease.
But when we disarmed They sold us and delivered us bound to our foe,
And the Gods of the Copybook Headings said: "Stick to the Devil you know."
It is a longtime tactic of those who want the population disarmed.

Nearly all health journal studies about firearms have the same basic fallacy: They assume that firearms only have bad effects. They fail to consider positive effects. It is as if they tested a new treatment, and only checked to see if there were bad side effects, and never considered if the treatment worked.

Most of the health journal studies have this blind spot, because the authors have chosen to be unarmed. They do not wish to learn that being armed has positive effects. To do so would challenge their world view. People become very uncomfortable when their world view is challenged.

There is at least one study about firearms and outcomes, published in a medical journal, that did not assume firearms always resulted in bad effects. Their  finding was the increases in the legal carry of firearms had no effect on homicides or violent crime.

Requiring doctors to ask patients about gun ownership stigmatizes gun ownership. It is a way of chilling the exercise of Second Amendment rights.

Mayor Walsh is not part of the Massachusetts legislature. But he has a large influence in state politics.

Massachusetts is one of the least Second Amendment friendly states in the Union.

Will the legislature require doctors to ask about gun ownership in Massachusetts?

They may. It diverts attention away from the high homicide rate in Boston.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Wednesday, January 16, 2019

TX: Gun Beats Crowbar as Homeowner Stops Break-in

Houston police said the homeowner was arriving home when he noticed a man trying to break in. Police said the suspect tried to attack the man with a crowbar and that's when the homeowner shot him.

More Here

CT: Home Invasion, Homeowner Fires Gun, no One Injured

Police say they received a 911 call at around 2:00 a.m. The homeowner reported being awoken from his front door being kicked in, said police.

According to police, the homeowner checked on his house with his gun. He was met by a masked, armed intruder.

Police say the homeowner met a second intruder and fired his gun.
More Here

NE: Armed Owner's Son Protects Woman, Employees from Man with Knife

The woman said the man with the knife was high on meth.

Amato's son, Tony, said he saw the man make his way around the building to the back door, which leads to the kitchen, eventually forcing it open.

"When he stepped in, his knife was in his hand and he kind of lunged," Tony said, "and that's when I went from finger off the trigger to finger on the trigger, and I told him 'I will shoot, I will shoot.'"

This is the first time Tony has had to point his gun to protect his family's restaurant, he said.

"I have always worried about Tony having a gun, but thank God he had a gun," Amato said.

After throwing his knife away and backing out of the kitchen, Amato says the man climbed on top of the car and started screaming.
More Here

CO: Off-Duty Officer Shoots Driver Leaving Scene of Altercation

Police said two officers who were off-duty heard a fight going on between a man and a woman in a parking lot of the Orchard Town Center. That’s located just off Interstate 25 and West 144th Avenue.

The officers intervened when the man tried to leave the parking lot in a vehicle. The driver struck one of the officers and the other officer fired his weapon at the driver.

More Here

OH: Store Owner and 70-Year-Old Employee Shoot at Armed Robbers

The 59-year-old store owner and 70-year-old employee repeatedly told the duo to take off their hoods, police reports say. The two refused, pulled out gun and demanded money from the cash register, according to police reports.

A 46-year-old employee working the register handed the man the cash drawer that had about $80 in it, police reports say.

The 70-year-old employee saw the robbers with guns out and pulled out his gun, police reports say. He fired four shots at the robbers, according to police reports.

The store owner pulled out his gun and fired a shot, police reports say. Both robbers ran out of the store and went different directions, police reports say.
More Here

Followup FL: Michael Drejka Lawyers Lean Against Stand Your Ground Defense

Michael Drejka is the man who shot and killed Markeis McGlockton after McGlockton knocked him down from behind in a parking lot.

LARGO — Defense lawyers for Clearwater parking lot shooter Michael Drejka said Friday they were leaning against using a stand-your-ground defense for their client, the strongest indication so far of their legal strategy ahead of a trial set to begin in August.
More Here

Tuesday, January 15, 2019

Second Amendment Prayer for Justice Ruth Bader Ginsburg

The Prayer for Ruth Bader Ginsburg was popular, so I wrote a more specific one for Second Amendment supporters. It has been published at Ammoland.

Second Amendment supporters want  to see President Trump appoint more originalists and textualists to the Supreme Court.  The most likely Justice to create an opening is Justice Ruth Bader Ginsburg.

Justice Ginsburg voted against  the Heller decision. She voted against the McDonald decision. Her opinion on the Second Amendment is clear. Then is then, now is now. The Second Amendment should be defined as inconsequential, because it is old. From
"If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new," she said. "It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation.""
Ruth's position, is to define the Second Amendment out of existence, without any real argument, because it is old. The fallback position is that the Second Amendment does not apply to individuals. That is the essential Progressive position on the entire Constitution. It is old, therefore we can ignore it.

I have read a few Second Amendment supporters who openly wish for Justice Ginsburg's death. This is wrong.  To borrow a common phrase: We are better than that.

Jesus told us to love our enemies. It does not mean we must be pacifists. It does not mean we must empower our enemies. It does not mean we do not oppose our enemies.

It means we recognize that all are sinners, all need God's grace.

Justice Ginsburg needs God's grace as much as anyone does.

She is old, ill, and at 85, near death.

Here is my prayer for Ruth Bader Ginsburg:

Dear God, please open Ruth's heart so that she knows that she has sinned. Help her to understand that she is not a god.  Help her understand you are in charge. 

None of us know what you know. Please humble your creation, Ruth Bader Ginsburg, so she will open her heart to you, and accept your son, Jesus, as her savior. 

Lord, you wish all to be saved. All have fallen short of your perfection. While Ruth has done many things we see as evil, only you know her part in your plans. 

Lord, we look to you to open Ruth's eyes, to humble her heart, to help her seek your grace.

I, Lord, was an agnostic for 40 years. I needed to be humbled to come to you. 

If it be your will, Ruth can also be humbled and saved.  She has to chose. Lord, if it be your will, make the way for her choice clear, and easy.

The election of Donald Trump has given her pause. She sees her death may not be at the end of a long and successful career of redefining the Constitution in Progressive terms. 

Instead, it may serve as a means of restoring the Constitution to its original meaning. A different Justice, an originalist and textualist Justice,  may replace Ruth on the Supreme Court.

May that realization bring Ruth closer to you, to ask for forgiveness and guidance.

Ruth, God will help you, if only you humble yourself and ask for his help.

Lord, help Second Amendment supporters to humble their hearts.

Help Second Amendment supporters to love their enemies, and wish for the salvation of those who work against them. 

In the name of your son, Jesus.

Almighty God, may your will be done.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TX:Gunfight, Homeowner and at least 1 Home Invader Wounded

CONROE, Texas - The Montgomery County Sheriff's Office is investigating a home invasion case that left a homeowner and robber shot.

The shooting occurred around 10:30 p.m. Friday on Leafy Meadow Drive, and when deputies arrived they found the homeowner wounded in the back after two robbers left.
More Here

TX: Guard, in Choke Hold, Wounds 1 of 2 who Attacked Him

Police said a patron was asked to leave the downtown bar because he was highly intoxicated and bothering others. The man was escorted by a security guard after he began arguing. Once the man was in the parking lot he started fighting the security guard. His friend jumped in and put the security guard in a choke hold, police said. The security guard fired one shot striking the friend's belly.
More Here

MA: Father Fires Warning Shot, Drives off Armed Robber

When the seller – a 15-year-old boy – approached the rear passenger window and showed his iPhone , the buyer pulled a white framed handgun from his waistline and pointed it at him.

Startled and in fear for his life, the boy ran away from the vehicle shouting “gun!” And while looking back, the young man tripped and fell to the ground right after noticing the man still pointing the handgun at him…

When boy’s father witnessed his child fall to the ground shouting “gun,” he pulled his own gun and fired a “warning shot” into the air, effectively causing the robber’s vehicle to immediately flee the driveway in an unknown direction.
More Here

IL: CCW Holder Shoots, Wounds Armed Robbery Suspect at Internt Arranged Sale

Dye pulled out a handgun and the victim, who has a concealed-carry permit, pulled out his own gun and fired three shots at Dye, police said. Dye was hit in the leg and the other male suspect ran away.

Dye, who lives in Waukegan, was taken into police custody and brought to a hospital with injuries that were not though to be life-threatening, according to police. He was charged with armed robbery and aggravated unlawful use of a weapon.
More Here

MO: Three Suspect Commit Armed Robbery at Bar, Victim Fires at Them

The victims inside the bar then reportedly relinquished their property and the suspects left the bar.

After the suspects left, one of the victims, described as a 44-year-old man, followed them outside and into an alley. Once in the alley, one of the suspects pointed a gun at the man, who then, fearing for his safety, fired at them using his personal gun, according to police. The man said he was unsure if any of the suspects were struck by his gunfire.
More Here

TX: Gunfight, Suspect Stealing Trailer Wounded with Birdshot

Two men reportedly stole the trailer around 4:00 a.m. Thursday morning on Painted Horse Street, near Old Pearsall Road and War Cloud.

Police say the owner followed the two men and confronted them. Gunfire was exchanged and one of the men was hit by birdshot from a shotgun. The other man took off.
More Here

Monday, January 14, 2019

LA: Armed Suspect Shot, Clerk Shot in Armed Robbery

The suspect in an attempted robbery at the Cooper Lake Grocery in Morehouse Parish died at an area hospital from injuries sustained in a shooting.

Law enforcement has identified the suspect as Barak Dale Milton, 40, of Church Point, Louisiana.
More Here

IN: 1 of 3 Shot and Killed with Return to Burglary Scene

INDIANAPOLIS, Ind. –Police say a person shot and killed one of three men attempting to burglarize a home on the southeast side of Indianapolis Thursday night.

Officers were called to the scene in the 6400 block of Winslow Drive at about 6:30 p.m.

Police believe the suspects had burglarized the home earlier in the day and were returning to steal more items.
More Here

Followup IL: Man Shot by Female CCW Holder Had Criminal History

CHICAGO (WLS) -- The man shot and killed by a woman he was trying to rob at a Chicago bus stop in the Fernwood neighborhood had a criminal history.

The incident in the 500-block of West 103rd Street Tuesday morning was captured on surveillance video.
More Here

NJ: Resident Disarms Acquaintance who showed Pistol

While there, Coulanges allegedly showed a semi-automatic handgun and a physical altercation began, Robertson said.

During the fight, the male resident was able to grab the handgun and fired it at Coulanges, Robertson said.
More Here

WI: Madison Man fires at two Intruders

MADISON, Wis. - Police are looking for two suspects they say tried to burglarize a house in downtown Madison before being confronted by a resident with a gun.
More Here

SC: Domestic Defense, Man Shot Man Beating Woman

The woman said the gunshot victim arrived at the residence at about 10 p.m. on Jan. 6 and the couple argued throughout the night.
She told police at about 4 a.m. she awoke to find the man standing over her. He then allegedly began punching her in the face and attempted to strangle her.

The woman told her son to run to the neighbors and call for help.
As the young boy ran outside, the man reportedly pursued him.
When the man reached the door headed outside, the woman told police that she jumped on his back. He broke loose and went outside.
The man who owns the residence came out of his bedroom with a loaded rifle and reportedly shot the man as he attempted to come back inside the house.

More Here

Sunday, January 13, 2019

Followup OK: No Charges for Walgreens Clerk that Shot Customer who pulled Gun on Him

Tulsa homicide detectives confirmed that the Walgreens clerk involved in the shooting will not be facing charges. Sgt. Brandon Watkins said the police department determined it to be a clear-cut case of self-defense, and they will not be submitting an investigative report.
More Here

Followup TX: Man Shot by 68-Year-Old was Richard Bius

The Nueces County Medical Examiner's office has identified the man who was fatally shot Monday after police said he allegedly tried to break into a Corpus Christi apartment.

Richard Bius, 41, was shot by a 68-year-old man who told police he saw a man on the balcony of his second-story apartment. The incident occurred in a complex on the 6100 block of Wooldridge Road.

More Here

FL: Armed Resident Holds Teen Criminal for Police

A burglary was interrupted when the resident of a home held the suspected burglar at gunpoint until police arrived on the scene.

According to Cape Coral Police, Tre Sterling Estes-Stalnos, 18, who was previously shot by police and arrested during a 3-hour standoff in May, 2016, was arrested again, this time for Grand Theft of a Firearm.
More Here

TN: Armed Victim Holds Car Thief For Police

According to a police report, the victim heard something in his backyard Sunday, Jan. 6. When he went too look he saw someone driving off in his 2001 Honda Accord.

The report says the victim grabbed a shotgun and held the suspect at gunpoint until police arrived. Officers then arrested Alfred Ivery for motor vehicle theft.

More Here

SC: Shooting by Wyatt Shane Altman was Justified

Charges against Wyatt Shane Altman, 20, in the 2017 death of Dylan Wayne Hanna, 18, will be dismissed due to the stand your ground defense raised his in case, according to officials with the 12th Circuit Solicitor Ed Clements.

Clements said Circuit Court Judge Thomas Russo issued an order Monday, which hasn't been filed yet, granting Altman’s request to have his charges dismissed following a hearing last week.

More Here

KY: Burglary Suspect Shot After Struggle

The Pulaski County Sheriff’s Office confirmed it is investigating a residential break-in that resulted in the shooting of the suspect. They say that William Auxier entered a home on Rocky Point Road near Ky 790 Tuesday night and was confronted by the homeowner, who then opened fire on the suspect after a brief struggle.
More Here

‘I Cannot Comply’: A Second Amendment Advocate’s Fight Against the City of Boulder, Colorado

A Second Amendment advocate fighting against a constitutionally questionable gun ban and certification ordinance in the city of Boulder, Colorado, says he and his daughter have been targeted and bullied as his case winds through the court system.

The city last May passed an ordinance requiring gun owners to “certify” their “assault weapons” or remove their firearms from city limits. Those who didn’t could face fines, jail, and confiscation and destruction of their firearms.

The next day, attorneys from the conservative Mountain States Legal Foundation sued the city on behalf of Jon Caldara, Boulder resident and president of the Independence Institute; the Boulder Rifle Club Inc., a Colorado nonprofit corporation; a member of the University of Colorado Shooting Team; and others.

The foundation argues that the ordinance violates multiple provisions of the U.S. Constitution and the state constitution, and at least two state statutes.

The foundation asks two key legal questions regarding whether a municipality “can undermine the exercise of fundamental and unalienable rights and ignore the U.S. Constitution and controlling Supreme Court precedent?”

Additionally, it questions if the city can legally “ignore its state constitution and state law by infringing upon and criminalizing an individual’s unalienable and natural right to self-defense, and the right to keep and bear arms?”

City Ordinance 8245 banned the sale and possession of guns in the city defined as assault weapons in addition to bump stock devices and large magazines, and banned the sale and possession of weapons to anyone under age 21. Gun owners of such magazines had until July 15, 2018, to either sell or dispose of these items.

The ordinance includes a grandfather clause that permits owners of these firearms to keep them in their possession if they receive a certificate from the local sheriff’s office proving their ownership and certifying their firearms. The law also bans them from openly carrying their rifles and shotguns.

“My hope is that we will see more bans at the state level and one day at the federal level so these weapons will no longer be available,” City Councilman Aaron Brockett said after the ordinance passed.

But Dudley Brown, executive director of Rocky Mountain Gun Owners, told, “The Boulder gun control ordinance is yet another dive into fantasy by a city already deep into socialism.”

Two groups not a part of the lawsuit, the Colorado State Shooting Association and Boulder-based Gunsport of Colorado, say the ordinance is invalid because it conflicts with state law.

Police and city officials have said that there is little they can do to enforce the ordinance. The Boulder Police Department has issued 87 certificates since the ban passed in May.

Plaintiff Jon Caldara does not have one.

“I did not comply. By my very core principles I cannot comply,” he told

Caldara added that no city or law enforcement authorities have contacted him, but his daughter has been bullied at her school because of his position.

“This is a very divisive issue where people have very strong feelings,” City Attorney Tom Carr told the Daily Camera. “The folks who oppose these kinds of bans … some of them suggest they’re not going to cooperate. I can’t predict what people are going to do, but I respect the feelings.”

In an op-ed Caldara wrote that was published in numerous Colorado publications, he argued that any other member of the public who is not a gun owner would never be subjected to such restrictions. He said they “would never be forced to self-identify to government authorities, to submit to inspection, to be registered, and made to pay fees to keep your core beliefs. My strong belief in my Second Amendment rights is core to who I am.”

Because he owns a long gun with a pistol grip and a detachable magazine, Caldara said he was required to self-identify to the police, present himself for investigation and his gun for inspection, and pay fees in order to receive a police-issued certification—or potentially go to jail, pay a fine, and have his firearms confiscated and destroyed.

But Caldara has not been charged with committing a crime.

Since he took his public stand against the city of Boulder, Caldara says his daughter has been bullied at her school, “the one with posters celebrating tolerance and diversity all over the walls.”

Teachers have criticized his stand on the Second Amendment to entire classes, and students “ganged up on” his daughter, telling her that “her father is a murderer.”

In September, the U.S. District Court for the District of Colorado deferred to the Colorado court system to determine whether the city had the authority to enact the ordinance at all.

“While we will always support the principle of federalism, this decision forces the people of Boulder to wait to vindicate their rights under the U.S. Constitution,” Cody J. Wisniewski, the lead attorney on the case, said. “We will not give up the fight to defend the constitutionally protected rights of the people of Boulder.”

Saturday, January 12, 2019

AZ:; Suspect in Several Break-In Attempts Shot and Killed

TUCSON, AZ (Tucson News Now) - Authorities said a man who was trying to break into several homes was killed and another man was injured early Monday, Jan. 7 in an incident on the south side of Tucson.

The Pima County Sheriff’s Department said it began around 3:30 a.m. in the 1200 block of East Summit Street, which is near Old Nogales Highway.

More Here

Followup IL: Disarm by Mortally Wounded Suspect

CHICAGO (CBS)– Residents are praising the 25 year-old woman, with a concealed carry license, who shot and killed a man who was trying to rob her at a bus stop.

Surveillance video shows the woman waiting alone at a bus stop at 103rd and Wallace around 5:45 a.m. Tuesday. Police say a 19-year-old man, in a light colored hoodie, pulled a gun on the woman in an attempt to rob her.

She pulled out her own gun and shot him in the neck.

Officials say the man then took her gun and ran.
More Here

Followup AR: Armed Manager was Attacked with Club Before shooting Donald Blackburn

LITTLE ROCK, Ark. - New information released by police on a Monday night homicide reveals the victim had attacked a property manager before being shot and killed by him.

The Little Rock Police Department says its detectives determined that Donald Blackburn, 59, had attacked the 65-year-old man with a "club style weapon" before the deadly shots were fired. The older man was taken to the hospital for treatment of head injuries.
More Here

FL: Armed Victim Fires Warning Shot, Suspect Goes on Crime Spree

Authorities said the string of crimes began Tuesday at about 4:04 p.m. in Seville when a woman reported she saw someone trying to break into her vehicle that was parked in her driveway so she got her firearm to scare the man, later identified as 34-year-old Anthony Gunther.

When the victim went outside to confront Gunther, he came toward her in an aggressive manner, so she fired a shot into the ground to scare him off, according to the affidavit. Gunther took a silver bracelet he retrieved by reaching into the victim's open vehicle window and fled the home in a red SUV, which had been reported stolen out of Holly Hill earlier that day, deputies said.
More Here

MS: Disarm, Resident Disarmed Armed Robber, Shot and Killed Him, Accomplice Charged

Police say Moffitte and 22-year-old Randarious Martin were armed when they tried to rob a Meridian apartment Thursday. Police say Martin and a resident fought over Martin's gun, and the resident fatally shot Martin three times in the chest.

Municipal Court Judge Robbie Jones ruled Monday that police have enough evidence to hold Moffite until a grand jury decides on an indictment. Jones set bail at $750,000.
More Here

Friday, January 11, 2019

Ammoland Quoted in the New York Times, on Second Amendment

My words seldom appear in the New York Times. It is interesting when they do. It shows, to use a phrase of the Left "we are making progress".  This occurrence was from the article published on Ammoland about the Third Circuit failing to protect Second Amendment rights.  From
The 49-year-old Judge Bibas, a former law professor, won plaudits for his dissenting opinion. “It is easy to see why President Trump chose to appoint him,” said an article on the website that appeared under the headline: “Third Circuit: Second Amendment Is a Second Rate Right.” John O. McGinnis, a well-known conservative professor at Northwestern University Law School, writing on the Law and Liberty website, called Judge Bibas’s dissent “the judicial equivalent of a perfect game, a first-round knockout, or a checkmate within 10 moves.” He added, “It will not be the last opinion of the Trump appellate judges that will shake the judiciary from its dogmatic slumber.”
The author of the opinion/editorial above is Linda Greenhouse, a self proclaimed progressive.  Linda Greenhouse is a longtime, highly awarded leftist journalist with a law degree from Yale. She is the ultimate in Supreme Court insider journalists.  She is, unsurprisingly, a doctrinaire Progressive who views the Constitution as a document to be shaped and changed by judges as they see fit.   Consider her writing on Clarence Thomas. From that column:
So no, the court’s future is not already here, not yet. Those of us on the progressive side of the street are unlikely to look back on Justice Kennedy’s final term with nostalgia. But soon enough, we may decide that it was the best we’re going to see for a long time.
She is entitled to her opinion. There is great danger and has been considerable  damage from a Supreme Court considered simply as another political power center, instead of an enforcer of the Constitution as written.

The Supreme Court has been a Progressive power center for the last 70 years.

Progressive dogma is the elites are here to tell us what to do and how to do it.
The Supreme Court is there to enable the elites to change the rules at they see fit, by changing the words and public understanding of the words through control of the information flow.

The concept of the Court as protecting natural law and limited government must seem alien indeed, to Progressives.

The freeing of the information flow from the control of, for, and by Progressives, must be disorienting and disruptive to those who see Progressive control of mass media as natural and certain.

I suspect Linda Greenhouse would point to Supreme Court decisions protecting freedom of speech, as examples of how a Progressive court protected limited government.  Those examples have occurred as the Progressive mass media held control over the flow of information; that Progressives now call for tight suppression of free speech, under the umbrella of "hate speech", now they have lost control of the narrative.

Progressives were all for freedom of speech when it enhanced their power. They have turned against it now that they have competition.

It is nearly impossible for adults to change their assumptions of how the world works, when confronted by evidence to the contrary.

Linda Greenhouse read the dissents she writes about. She is a competent scholar and award winning writer. She likely has a difficult time comprehending the dissents she disagrees with may be correct. They invalidate core assumptions she has about reality, she has held her entire adult life.

One of her principle arguments against Justice Thomas' writing, is he uses precedents from the 19th century to argue against cases today. It is a core believe in Progressive circles that old is wrong.  (But not all "old"; if a precedent can be found to validate a change desired by Progressives, then it is "good".)

If you accept the idea the Constitution is a written contract between the people, the states, and the federal government, the words and meaning of the Constitution are what are important, not the age of the document.

If you believe the Constitution, as written, is an impediment to good government; If you believe it must be reinterpreted to change with the times; then information from a hundred years ago, or 10 years ago, or 10 minutes ago can be ignored; when a different outcome is desired.

The core issue about the Second Amendment is whether we will have a Constitution that means something, instead of an ephemeral document that is re-interpreted, law by law, day by day, to meet the ephemeral political opinions of the people on the Court.  Or, in opposition, if justices on the Court should do their best to maintain the Constitution as what it meant at the time written. That doctrine is known as being an originalist and textualist.

I understand Linda Greenhouse is embarrassed by the Second Amendment. She much preferred when it was locked away in a forgotten attic of the law. She probably read Sanford Levinson's The Embarrassing Second Amendment, written in 1989.

The movement to restore limited government and Second Amendment rights is moving toward the last phase of the wisdom missattributied to Ghandi:
"First they ignore you, then they laugh at you, then they fight you, then you win”
Those who value government power above all things attempted to ignore Second Amendment supporters. That gambit failed.

They made jokes about Second Amendment supporters. That gambit failed, but is still attempted.

They are fighting Second Amendment supporters in the Courts, in the Legislatures, and in the Congress.

I believe Second Amendment supporters are winning. I think Linda Greenhouse agrees with me.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

AZ: Dr. Shoots two Dogs that Killed Seven of his Alpacas

Dr. Steve Washburn had been starting an alpaca business with a fenced-in three-acre area at his 15-acre spread and thought his virtually impregnable fences were fairly protective of his 16 alpacas and one llama; unfortunately, this was not the case.

Awakened at about 5 a.m., on the Dec. 29, Washburn and his wife heard their dogs barking, but didn’t really check it out. “I thought the alpacas were fairly secure, but we went out and gave the dogs some snacks, but they continued barking,” said Washburn. He now, of course, regrets not checking out why his own dogs were barking, because he had to take out his handgun and kill the two husky-mix dogs he found in the process of killing seven of his 16 alpacas and severely wounding another.
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Followup FL: No Charges for Michael Dacey in Shooting Death of Jakeem McMillian During Armed Robbery

The Stuart News reports that Assistant State Attorney David Lustgarten announced last week that Michael Dacey, a retired New York Police Department detective, was justified in using deadly force against 17-year-old Jakeem McMillian during the Dec. 13 robbery of Treasure Coast Liquidators in Stuart.

The Martin County Sheriff's Office says Dacey opened fire after McMillian jumped in a waiting stolen SUV driven by an accomplice, but Lustgarten explained that the shooting was still justified because it occurred in a continuous series of events. Officials say the entire robbery lasted about 15 seconds.
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WV: Daughter uses Single shot 20 gauge to Hold Burglar for Police

PARKERSBURG — A man was charged with burglary Saturday after being held at gunpoint by a resident of the house he’d entered.

According to a criminal complaint filed in Wood County Magistrate Court, Parkersburg Police responded to a burglary report in the 1000 block of Laird Avenue around 5:20 a.m. Saturday. A woman who lived there told an officer her daughter was holding an unknown man at gunpoint in a room upstairs.
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TN: Officer at Home Fired at by Officer at Door

After an investigation, the Knox County Sheriff's Office says an officer fired a shot at a Powell area homeowner while responding to a call on West Emory Road in the Powell area on Jan. 4.

KCSO says the homeowner, who is also a KCSO corrections officer, opened the door aiming a weapon at the officer on the other side of the door. The KCSO officer fired one shot, and the homeowner was not injured, according to officials.
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Followup CA: No Charges for Man who Shot, Killed Joseph Mercurio

The District Attorney has decided against filing charges against a man who reportedly shot and killed a suspect trying to break into his work truck in El Cajon.

The shooting happened on the 1100 block of Mona Place in March of 2018.

Authorities say Michael Poe woke up in the early-morning hours of March 11 to the sound of glass shattering. When he went outside, he found the suspect, Joseph Mercurio, breaking into his work truck.
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NJ: Man Who Shot Fleeing Burglar Charged with Weapons Crimes, Attempted Murder

Omar Smadiya, who owns and operates a moving and storage company, also is charged with possession of a weapon for an unlawful purpose ( meaning: the gun is legal, but the use of it wasn't ) and possession of high-capacity magazines.

Smadiya remained held Thursday in the Bergen County Jail pending Friday's court appearance.

It was just before 3:30 a.m. Tuesday when he armed himself with a Glock 19 Gen 4 handgun and confronted 19-year-old Christoph Manon-Velez as the teen rifled through Smadiya's Toyota Camry outside his Farnham Avenue home, authorities said.
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TX: 68-Year-Old-Man Shoots, Kills 41-Year-Old Burglary Suspect

A suspected burglar was shot and killed by a resident at a southside apartment complex this evening.

The shooting occurred around 8:30 p.m. at the Hampton Port Apartments. These apartments are located on the 6100 block of Wooldridge Road near Cimarron Boulevard.

Police say their preliminary investigation shows a 41-year-old suspect tried breaking into an upstairs apartment. The 68-year-old man living in the apartment confronted the alleged intruder and then shot and killed him. Police are calling it self-defense.
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OK: Armed Homeowner Shoots, Kills, Armed Suspect

Both the homeowner and suspect were armed, according to detectives. Police said the burglary suspect, 23-year-old Carson Welch, was shot. Welch was pronounced dead at the scene, according to the police report.

More Here

Thursday, January 10, 2019

Brazilian President, Jair Bolsonaro, Vows to Make Guns Legal for Self Defense

Brazilian President-Elect, Jair Bolsonaro, is following President Donald Trump in keeping promises he made during his campaign, or at least, he is continuing to say he will keep one of those promises only three days before being sworn in, on 1 January, 2018. From
Three days before being sworn-in, Brazil's far-right President-Elect Jair Bolsonaro stated on Saturday that he intends to sign a decree to allow people with no criminal record to buy guns.

"By decree, we intend to guarantee the POSSESSION of firearms for the citizen without criminal antecedents, as well as make its registration definitive," Bolsonaro wrote on Twitter.

The loosening of firearms laws was one of the key platforms in Bolosonaro's campaign for the 2018 elections. The former army captain will take office on January 1.

Bolsonaro gave no further details and it was not immediately clear what mechanisms he will have at his disposal to carry out such a decree, or what specific measures the decree would contain.

Brazil's Congress is already discussing measures to loosen gun laws.

In 1980, Brazil had a homicide rate of about 12 per 100,000 people, only a little higher than the United States. The U.S. had a homicide rate of of 10.2 in the same year.  In 2017, 37 years later, the United States homicide rate dropped in half to 5.2, while Brazil's rate almost tripled to over 30.

Between 1980 and 2017, the United States has been incrementally restoring Second Amendment rights.  The number of guns owned per capita (per person) has increased from .75 to 1.25, or 67%.

Brazil took the opposite approach, placing numerous restrictions on gun ownership. It is almost impossible for a law abiding citizen to use a gun in self defense in Brazil. Legal gun ownership in Brazil is about .038 guns per capita. (3.8 guns per 100 people). Illegal gun ownership is a little higher at about .045 guns per capita (4.5 guns per 100 people).

Presidential front runner Jair Bolsonaro promised to take a different tack.

Bolsonar wishes emulate the United States, to some extent, and recognize Brazilians' right to armed defense of self and property. Brazil has one of the top ten highest murder rates in the world.

There is strong support for this in the Brazilian legislature. Reforms to Brazil's extremely restrictive gun laws are very likely to pass in 2019, whatever President Bolosnaro declares.

Brazilians are fed up with high crime and murder rates. Many wish to be able to defend themselves against armed criminals. 

George Soros, through his protege Rebecca Peters, worked hard to rid Brazil of legal firearms. In 2003, the already strict Brazilian firearms laws became extreme.  The homicide rate, both with and without firearms, leveled off at about 30 per 100,000 in 2004.

Rebecca Peters actively campaigned for a nearly complete ban on legal Brazilian guns and ammunition, in 2005.

Peters has been considered one of the major personalities behind the extreme gun laws passed in Australia, in 1996. Those laws were passed because of the Port Arthur mass murder, which was perpetrated in late April of 1996.

In 1995, Rebecca Peters produced a thinly disguised documentary on gun laws in in Tasmania, Australia. The video "Tassie Guns, a Current Affair,  essentially told people how to commit a mass murder, while it called for extreme gun control.

Australia's Port Arthur's mass murder was committed less than a year later.

Rebecca Peters message was supported by pols which claimed 80% of Brazilians wanted to ban legal guns and ammunition.

In 2005, the Brazilian population voted against the gun and ammunition ban. 64% voted against the ban.

Jair Bolsonaro has tapped into this common sense desire to be able to defend oneself with armed force.  From the in 2005:
Beni Barbosa, the "No" campaign spokesman, said: "We managed to get our message across that Brazilians have individual rights which the state cannot take away."

"Here, people were not choosing whether to have a gun or not. They were voting for their rights to choose."
That sentiment seems to have been correct. Jair Bolosnaro won the election in 2018, with  55.2% of the vote.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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