Philadelphia Agrees to Settlement, Training, License Procedures for Guns

The City of Philadelphia recently settled a class action lawsuit concerning people who had applied for a license to carry firearms (LTCF).   The City did not admit to any wrongdoing, but they agreed to pay 1.4 million dollars in settlement fees, and to change procedures.   The lawsuit stemmed from the city posting personal information contained in applications on line and available to the public.

While the City did not admit to any wrong doing, what they agreed to do in the future is quite revealing.   The actual settlement agreement is available online here, in a PDF file.

First, the City agreed not to post LTCF information where the public could find it.    That is expected.   It is the following actions that are more significant.  They are:

The City will not require references for LTCF applications.   This can be a major hurdle for someone trying to obtain a carry license.   Not everyone knows people who are willing to be a reference for an action the local government clearly disapproves of.   It is also possible that references can be intimidated or found to be "unacceptable".

The City will not require naturalization papers for citizens or legal residents who provide a passport, unless they can show reason to do so, such as irregularities in the passport.   Thus, another considerable paperwork burden is eliminated.

The City will not deny LTCF on the basis of convictions or charges where the conviction or charge was expunged or pardoned.   What good is an expungement or pardon, if you are still treated as if they did not happen?

The City will process applications within 45 calendar days, and notify the applicants of the decision.   This is required by Pennsylvania law.   I suspect that the City was not following the law previously.

If the application is denied, the City will refund $15 of the $20 application fee.  A small thing, but it is a little less incentive for the City to deny applications, and a little less risk in applying for a license.

The City shall train employees not to tell applicants that they *must* disclose the possession of a LTCF permit or a firearm to police officers.   Such disclosure is voluntary under Pennsylvania law.

The City shall train officers not to confiscate any LTCF license or legally carried firearm unless there is probable cause to believe the license or firearm is evidence of a crime.   If confiscated, officers *must* provide a receipt, including information such as officer name and badge number, and serial number of the firearm being confiscated.  This is a simple step that should have been followed all along.   All too often, Cities engage in legalized theft of firearms.

The City shall not require applicants to disclose if they own firearms as part of the application process.

The City does not admit of any wrongdoing, but... Look at what they say they will do now!   Add up all of the above and consider what steps the City may have been taking to chill the exercise of the right to keep and bear arms. 

The settlement is a great step forward for second amendment supporters in Philadelphia, but how far the City has fallen from the days of Benjamin Franklin!

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

CA: 80-Year-Old Shoots One of Two Intruders

(LONG BEACH, CA.) -- They came to the wrong house to do a B & E (break and enter) that night and they most certainly frightened and roughed up the wrong 80-year old man.

For one of the invader-robbers that night, a woman, it was indeed a fatal error in the victim selection process.

(snip)


But during the attack on Greer the robbers didn't know that somehow he had gotten a hold of his .22 caliber revolver. 

More Here

CA:Woman Intruder Shot

"What we believe happened at this time was the resident came home and possibly interrupted a crime in progress," Hendricks said. "At some time, there was a shooting that took place and the suspect of the original crime, the woman, is deceased."

(snip)

 The investigation is on-going and more information will be available as it comes.

More Here

IN: Homeowner shoots burglary suspect during break-in

Police said the homeowner heard noises upstairs, confronted the burglar and shot the burglar in the arm.

(snip)

 Police said there was evidence of forced entry into the victim’s home and the suspect also had a warrant for criminal conversion.

More here

CT:Resident Stops Assault with Handgun

The commotion woke up another resident in an upstairs bedroom, who came downstairs and confronted the teenager with a handgun of his own, they said. The juvenile immediately dropped his gun and complied with the residents' orders to remain still until police arrived.

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GA: Resident Shoots one of four Robber Suspects

The man shot one of the teens and the other three ran off, police said. The resident called police, who tracked down all four, taking three into custody and sending one to the hospital.

Police say they do not believe the resident will face any charges,

More Here 

David Codrea: Lawyers’ comments raise troubling questions about ATF and NFA collector’s group

Wow! David brings up important points about inside dirt on ATF in this article.  If you have watched the out of control, incompetent ATF leadership, this is a must read.

“[ATF] failed to describe a single situation illustrating the problem it purports to address,” FICG noted. “The entire rulemaking seems to rest on a false premise … [ATF] failed to identify a single example where a prohibited person gained actual possession of a NFA firearm by virtue of his relationship to a legal entity, let alone where a person gained possession of a NFA firearm due to his relationship to a legal entity and then used that firearm in the commission of any crime."

More Here

David Codrea: Major Legal Win for Right to Carry in Philly

The City of Philadelphia has agreed to pay $1.425 million and to make policy changes to settle a class action lawsuit regarding “posting and disclosing of what we alleged was confidential license to carry firearms (LTCF) information,” Prince Law Offices, P.C., announced Tuesday.

(snip)

 “Under the proposed settlement, the City will pay $1.425 million to the class and will be separately responsible for the costs of administering the settlement,” the release explains. “In addition, the City will voluntarily implement substantial changes in certain policies and procedure s, which will positively affect firearm owners who have legally obtained a firearm, and those who choose to carry a firearm for self defense and other lawful purposes.

More Here

MD:Cheap Gun Opportunity in Baltimore City, 26 July, 2014 Turn In (buy back)

Long Guns Turned In at Phoenix event in May, 2013

There will be a gun turn in event on 26 July, 2014 in Baltimore City, Maryland.  While these events are commonly labeled with the propaganda term "buyback" the guns were never owned by the people attempting to buy them.

The location for the event will be at the New All Saints Catholic Church in the 4400 block of Liberty Heights Avenue from 10 a.m. to 2 p.m. 

The event offers a $100 gift card for turning in guns.   From wbaltv.com:

get a $100 gift card to ShopRite. Officials said no questions will be asked upon the exchange.

These events offer Second Amendment activists the potential for picking up some firearms for reasonable prices.  The gift cards offered for firearms generally undervalue a significant number of the firearms turned in.


At an event at the end of 2012, 460 guns were turned in.   At the last event, none of them were recorded as being stolen.

 Howard County police granted the I-Team access to the ballistics testing that happened after a 2013 collection in that county. None of the weapons that were test-fired came up as stolen, Weiner reported, and it's believed none of the turned-in weapons were ever used in a crime.

The potential for problems with stolen firearms is discussed in this article linked to below.  The risk seems exceptionally small.

What is the Legal Risk of Buying a Gun at a Turn In (buy back)?

Across the country, communities, police departments and churches are sponsoring gun turn-ins to get "guns off the street". At many of these events, private buyers are showing up, offering cash for the more valuable guns. These private additions to the public turn-in are effective, no doubt, in getting more guns off the street, because they add to the resources that are available to those who want to get rid of guns for something of value, be it a grocery card or a number of twenty dollar bills.

You can help make the turn-in in your area more effective by standing on the curb with your "Cash for Guns" sign, or at a folding table, willing to offer more than the gift card for firearms that are more valuable. It would be best if numerous private parties were available, as more good guns could then be transferred into responsible hands.

This action serves many useful purposes. It stretches the turn-in budget so that more guns can be taken off the street. It helps keep fearful widows from being defrauded of most of the market value of the gun they are turning in. It prevents valuable assets from being destroyed by bureaucratic inflexibility. It is a win-win-win situation.

It also dispels the pernicious message that guns are bad and should be destroyed.

Private sales of long guns that are not "regulated" appear to be legal in Maryland.  Here is a link to the state list of regulated long arms.  Pistols are regulated.   I am not a lawyer, nor do I play one on the Internets, so it would be wise to check out the laws for yourself.   Residents of Maryland would do well to learn them in any case.   Here is one source:

What are the Gun Laws in Maryland?

Link to article with numerous examples of private sales at gun turn in events
 
Link to most recent article about private buyers at Detroit event

Link to Phoenix Article: pictures of private buyers

First hand accounts of this turn-in would be appreciated, as would any pictures.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Lions and Guns in Nebraska

Animal attacks may not be recorded as defensive gun uses in most surveys, and they are never recorded as justifiable homicides.   But defensive uses of guns against animals occur frequently.   I was surprised to learn of the number of mountain lions that have been shot in defensive situations in Nebraska.   Here is the latest incident.

A man in near Chadron, Nebraska shot a mountain lion that was menacing young children near his residence.  He grabbed a rifle and approached the animal, which refused to flee.   From a Nebraska Game and Parks press release:

A man reported noticing the animal crouched in the grass about 20 yards from his residence, where two young children were present on a patio. The man retrieved a rifle from the house and approached the animal, then shot it when it stood but did not flee. The mountain lion weighed approximately 30 pounds.

(snip)
 
Authorities determined the man acted within the law in killing the animal.

This is not the first time a mountain lion has been shot in Nebraska after menacing humans.  This story from 2013:

The resident reported the incident to Game and Parks. The resident spotted the lion while walking along a creek near his home. He estimated that the lion was about 20 yards from him. He continued walking and the lion walked parallel to him at the same pace. The resident was making noise to scare the lion off, but the lion showed no fear of him. The resident then shot the cat with a 9mm handgun. The resident was approximately 150 yards from his home.

The early-evening incident took place approximately 10 miles south of Chadron. The lion weighed approximately 160 pounds.

Here is another from 2013, Pine Ridge, but Sheridan County:

The owner’s children had noticed a partially eaten white-tailed deer lying in the grass near some outbuildings on the property. A short time later, the owner saw from his house a mountain lion on the deer kill. Attempts by the family to scare the cat away resulted in the mountain lion advancing about 50 yards toward the house. The landowner then shot the cat with a rifle from about 100 yards after attempting to contact officials.

  This story from 2012:

According to the hunter, the cat walked parallel to him at about 35 yards as he left his hunting blind, made eye contact with him, then circled in front of the hunter’s path. A subsequent investigation concluded the hunter was justified in killing the 150-pound animal.

This story is from 2010:

Game and Parks says the boy, hunting a shelterbelt in Knox County, spotted the mountain lion 10 feet away before shooting and killing it. 

(snip)

 Mountain lions are protected year-round in Nebraska but may be killed if threatening people or attacking livestock. No charges will be filed, as evidence indicated self-defense.

Another from 2010, shot by Nebraska game officials after it was spotted in a front yard:

 The children spotted the cougar on a branch and immediately ran back into the house to inform their father, who then called game officials.

The mountain lion was shot after it was determined, in accordance with Game and Parks protocol, to be a threat to humans, according to the news release
 

 This story is from  2008, also occurred near Chadron:

 The mountain lion was reported to have shown no fear of the boy and officials said they believe the boy shot the lion in self-defense..

Here is another story about a mountain lion that refused to flee when approached by a human in 2014.   From the Washington Times:

The commission said in a news release Monday that the 30-pound female was shot Friday after it approached the landowner’s chicken coop. The landowner says the mountain lion didn’t flee even when the landowner walked within 15 yards of it.

Young mountain lions are driven from their home ranges by adults and are forced to find new territories and food supplies or die.

Nebraska considered a mountain lion season in 2013. From starherald.com:

The Nebraska Game and Parks commission is expected to consider regulations governing a cougar season during its meeting in Chadron on May 24. A bill approved by the Nebraska Legislature last year permits for a mountain lion hunting season once Game and Parks approves it.

The first hunt occurred in March of this year. Three mountain lions were harvested. A bill to end mountain lion hunting was simultaneously passed by the state Senate. Nebraska is unique among the states. It is the only one with a unicameral legislature, created by referendum during the new deal.

The bill to end the hunt was passed this week by the Nebraska State Senate.

The hunt was felt necessary, in part, because of the threat of the big cats:

Stacy Swinney, a Dawes County Commissioner, told senators she opposed the bill because Nebraska has a “serious mountain lion problem.”

“We now have a growing, reproducing number of one of nature’s most fearless, dangerous predators, and they walk through our homesteads at will day or night,” she said.

 Governor Heineman vetoed the bill that would have ended mountain lion hunting in Nebraska.   From realtree.com:

Sen. Ernie Chambers, who is opposed to hunting, led the effort to overturn the hunting bill and succeeded with a vote of 28 to 13 on Mon., March 24. The governor disagreed with the legislature’s action and vetoed the bill at the end of the week. “Removing the agency's authority to manage mountain lions through hunting at this time is poor public policy,” said Gov. Heineman. It will take 30 votes to overturn his veto. The governor also felt that the bill might be unconstitutional, since the state recently passed a bill that recognizes hunting, fishing and trapping as constitutional rights.

 A mountain lion season remains open this year, but only for residents.  The Prairie Unit covers most of the state.   From outdoornebraska.ne.gov:

2014 Permit Information

Only one mountain lion permit may be obtained in a given year. Successful applicants may not apply for a permit in another unit in the same year. The application fee for unsuccessful applicants will not be applied to other units.

(snip)

Prairie Unit – Unlimited permits (resident only)

It is likely that those who want to ban mountain lion hunting will try to ban it again.   It was only because of a governor who was willing to stand up to the anti-hunting lobby that the law did not go into effect.

I suspect that most Nebraskans will continue to cling to their guns.

   
 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

PA:Resident Shoots Two Intruders, One Dies

PITTSBURGH — Pittsburgh police say a man shot two others who forced their way into his apartment, killing one of them.

More Here

AL: Woman Shoots one of Two Intruders

Officers responded to a call of shots fired at a home on Thors Avenue in Prichard on Friday, July 18. Upon arriving on the scene, the homeowner, Phyllis Law, 63, told officers she had shot one of two juveniles who had broken into her home.

More here

WI: Bats Fail: 70-Year-Old Uses Revolver to stop Pit Bull Attack

 

Dennis Williams, above, did not hesitate to intervene to save a man being attacked by three pit bulls.  The event was reported on July 21, 2014, in Washington County, Wisconsin.

Mr Williams is in his 70s.  He heard screams for help outside his house and saw a man on the ground being viciously attacked by three Pit Bulls.   He grabbed two baseball bats from his garage, and started hitting the animals with the bats.  It wasn't enough.   He retrieved a pistol, and started back toward the scene.   The animals started advancing on him.  He shot and killed one dog and the others retreated.   From TMJ4:

"I will never forget seeing that attack, or hearing the screams," Williams says. "It was one of the worst things I've ever witnessed. The dogs were on top of the man and his dog. They were not going to stop. I first tried hitting the Pit Bulls with a baseball bat, but they wouldn't relent. There was blood all over the ground."

 

 The revolver used to stop the attack appears to be an Iver Johnson .22.  Perhaps an alert reader can make a more positive identification.  Guns are common in Wisconsin.  

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

PA: Resident Kills one Invader, Wounds Second

Ms. Toler said police believe that the two men entered the four-unit apartment building at 23 Merritt Ave., fired through the door of the first-floor apartment and entered. She said a man and his girlfriend were inside, and the pair pushed the man into a bedroom, where he kept a shotgun. The man then shot the two intruders.
More Here

AZ:Armed Couple Drive off Armed Invader

PEORIA, AZ - A Valley firefighter and his girlfriend used their guns to scare off an intruder who broke into their house in Peoria overnight.

(snip)

 

“When they heard the clicking of that shotgun it was a whole other world,” he said. “I think I scared them.”

At that time, they heard the intruder fire a gun in the hallway.

“The shell casing was in the bedroom, in front of the [guest] bed,” said Lucking.

Alexis grabbed the pistol from her side table, and hunkered down to call 911. In the pitch black, Lucking ran outside to try and catch the suspect.

More Here

TX:Burglary Suspect Shot by Homeowner

Around 5:20 a.m. officers were called to the 2400 block of Liberty Avenue in reference a home-owner shooting a suspect as he tried to burglarize his vehicle.  The homeowner's motion detector went off and he stepped out to check on it.  He saw a man on his property.  The man charged the homeowner and the homeowner fired one shot that struck the suspect somewhere in the lower chest area.  The suspect fled the scene. 

More Here

NE:Car Thief Ignores Warning Shots, Is Shot

Not fireworks, but gunshots. Fired by a homeowner at 13th and Otoe at a man who was trying to steal a car just outside that home. Police said the homeowner fired warning shots to scare the would be car thief away, then shot the suspect as the suspect approached the house.

More Here

MT:Billings Gun Auction to Save Assets

The Billings Montana Police Department and Yellowstone County Sheriff's department are going to auction off a number of guns on Saturday, August 2nd, from 9 a.m. to noon.   The stated reason for the auction is the law passed in Montana that requires such assets to be sold to federal firearms dealers (Montana code 46-5-313) rather than be destroyed.   These pictures give us an idea of the assets that are being saved by laws such as these.   Each picture is one lot of guns.  The guns will be auctioned off in lots.    Notice the minty looking Springfield 1903 in the center.  Original 1903 Springfields in that condition are difficult to find.  They are almost never used in crimes.

 The lots are of five guns each, with two lots containing  six handguns and another two containing four handguns.  There are nine lots of handguns and six lots of long guns.    The lots appear to have been judiciously mixed to include expensive and inexpensive guns.   A number of the bolt action rifles appear to be missing bolts.

Here is one of the handgun lots:

 The letter from the police department

Here is the link to the Sheriff's auction site.

There are 75 firearms total, 45 handguns and 30 long guns.   About 32 of the guns are good quality, with 43 inexpensive models.  7 of the guns are obviously missing parts, from major (the bolt) to minor (the grips).  Here are the remaining lots.     Link to Gun Watch

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Open Carry Marchers Draw Cheers on Independence Day in Colorado

On Independence day, in Colorado, there was an open carry contingent in the parade.   The popularity of open carry in the area can be judged by the size of the contingent, which was an estimated 250 participants.   It was the most popular part of the parade.   From gazette.com:

But the largest group of participants - and the one that got some of the most enthusiastic response from the crowd - were the estimated 250 advocates, many clad in red, white and blue, marching openly with guns holstered on their hips or slung over their shoulders. They carried everything from old-fashioned flintlock rifles to semi-automatics to fake plastic guns carried by children.

 This is small town and rural America.   Westcliffe has a population listed at 568; Custer County is reported to have a population of 5,410. 

Last year was the first time that open carry was allowed in the parade.  .  There were no problems last year, and enthusiastic support for the open carriers this year.

Mike Hess, who helped organize the patriots' entry, made sure the marchers knew that this was a responsible showing of arms.

"We are not marching with insurrection in mind," he said before the parade started. "Nothing could be more wrong. We are law-abiding citizens marching not to intimidate, but to exercise our rights to assembly, speak and have firearms."

 250 marchers.  That is a pretty impressive turnout for such a sparsely populated area.    Notice that Mike Hess emphasizes the theme of exercising their rights under both the first and second amendments.    That theme is occurring in more and more open carry demonstrations.  

I expect to see this idea spread across the country.   I predict that many communities will have open carry marchers in Independence day parades next year.  

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

FL:Hit and Run, Then Gunfight

Location of Till Dawn Bottle Club at 8205 Dale Mabry Highway

In this unusual case in Tampa, Florida, little is reported about possible motivations; but we can make informed speculations.  The facts are this.   A patron of the Till Dawn Bottle Club was thrown out of the club at about 3:30 a.m.

He drove off in a Dodge Challenger, and subsequently rear ended a GMC Yukon that was being driven by a visitor from Pennsylvannia, Alexander Sierra, 27.  Alexander was accompanied by his brother and girl friend.

They followed the Challenger until its driver lost control and hit a wall.  I will presume that the Challenger's driver was under the influence of alcohol and or other drugs. 

Alexander and his brother exited the Yukon.   The Challenger driver exited the Challenger.

Now, a Chevy Camaro pulls up, and the Driver exits the Camaro.  From tampabay.com:

Sierra and the driver of the Camaro exchanged gunfire before the Camaro driver fled the scene. He was later located by Tampa police officers on Interstate 4 at exit 1. He was detained and turned over to sheriff's deputies.  Alexander Sierra, from PA, ended up in the hospital with a gunshot wound.

My suspicion is that the visitor from PA was legally able to posses firearms, and the driver of the Camaro was not, though those suspicions are merely inferences from the story. 

The driver of the Challenger once again fled the scene and has not been located.

There may be follow up stories, there may not.    I wonder if the driver of the Challenger and the Driver of the Camaro have some sort of connection. 

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch