Breaking: Ohio Governor DeWine Signs Constitutional Carry; Ohio 23rd member of Club

 Ohio State House

A little before 5 p.m. on Monday, Marh 14, the Ohio Governor signed SP 215 into law. With the addition of Ohio, there are now 23 states in the Constitutional Carry club.  From buckeyefirearms.com:

At approximately 4:50 p.m. on Monday, March 14, 2022, Gov. Mike DeWine signed Senate Bill 215, which will make it legal to carry a concealed handgun without a license in Ohio 91 days after signing.

"This is a day that will go down in history," said Dean Rieck, Executive Director of Buckeye Firearms Association. "It has been about 18 years since Ohio enacted HB 12 to bring licensed concealed carry to the state.

According to the Ohio Legislative Service Commission, here is a summary of the effects of the law: 

• Provides that a person who is a “qualifying adult”is not required to obtain a concealed handgun license in order to carry a concealed handgun that is not a “restricted firearm.”
• Defines “qualifying adult”as a person who is 21 years of age or older,is not legally prohibited from possessing or receiving a firearm under specified federal or state law, and satisfies certain specified criteria necessary to obtain a concealed handgun license.
• Defines “restricted firearm”as a firearm that is a dangerous ordnance or that is a firearm that any law of this stateprohibits the person from possessing, having, or carrying. 
• States that specified references to a concealed handgun licensee apply to a qualifying adult, unless the context clearly indicates otherwise.
• States that expiration, suspension, and revocation references to a concealed handgun license do not apply to a qualifying adult, unless the person has been issued a concealed handgun license.
• Eliminates the requirement that a concealed handgun licensee must carry a concealed handgun license in order to carry a concealed handgun.
• Modifies the duty to notify by providing that a concealed handgun licensee or active duty military member, before or at the time a law enforcement officer or motor carrier enforcement unit employee asks if the person is carrying a concealed handgun, must disclose that the person is carrying a handgun, unless the person has already notified another law enforcement officer or motor carrier enforcement unit employee of that fact.
• Permits expungement of convictions based on failure to comply with the notification requirements described in the preceding dot point.

There is a detailed analysis at the Legislative Service Commission site. The text of the law is available

The text of the law is available at this state.oh.us site. 

In this correspondent's opinion, it is dedicated Second Amendment activist groups in each state which have brought about the restoration of Constitutional Carry in so many states. 

It is important to have a knowledgeable, talented, dedicated lobbyist on site, at the state level. 

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

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IL: Melendez found not Guilty in Shooting of Cortez-Milan

The two, who had known each other for years, had been in a feud in the weeks leading up to the shooting, the Chicago Tribune reported.

Melendez’s attorney, Lawrence L. Wade, told jurors that Cortez-Milan reached for his waistband when Melendez shot him.

Prosecutors argued that people could be heard on video, which was played at trial, telling Melendez to put his gun down because Cortez-Milan was not armed, the Tribune reported.

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Vermont: Homeowner Wounds 1 of 2 Home Invaders

Police said they received notice of a shooting inside a Westminster home just before 11 a.m. The victim was driven to a local care center before being flown to Dartmouth-Hitchcock Medical Center, though the "severity of his injuries is unknown."

Investigators said the shooting followed a home invasion at Shady Pines Park, a mobile home park in the community. The man shot is accused of intruding with another person — the property owner reportedly opened fire on both.

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PA: Armed Victim Engages in Shootout with Burglar who Stole his Gun

According to investigators, the victim returned home to find a man armed with an AR-15 standing in his doorway. 

After a brief struggle, police say the suspect fired at least 7 shots and the victim returned fire with his legally-owned firearm.

 

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Breaking: Alabama Constitutional Carry Sent to Governor Ivey at 3:05 p.m. , March 10 update Governor Ivey Signs Bill

The Alabama legislature has sent the Constitutional Carry bill (permitless carry), HB272, as amended by the Senate, to Governor Ivey at 3:05 p.m. on March 10, 2022.

The bill from the Senate was accepted by the House with a vote of 70 to 29. The Senate concurred 24 to 6.

This correspondent expects Governor Ivey to sign the bill, making Alabama the 22, 23, or 24th state to restore Constitutional carry. Governor Ivey has a primary coming up on May 24, 2022. With a vote in the house of 70%, and in the Senate of 80%, it would be foolish for Governor Ivey to veto HB 272.

In Alabama, if the governor vetoes a bill, a majority vote is required in each house to override the veto. If the governor does nothing, the bill becomes law after six days, not counting Sundays.

In Ohio, the SB 215 has passed the legislature and is headed to the Governor for signature. It seems likely Governor DeWine will sign the bill.

In Indiana, the legislature has passed HB 1296, a Constitutional Carry bill. It is the latest iteration from a complicated process to bypass a hostile committee Chair.  It will soon be sent to Governor Holcomb. I expect HB 1296 to become law, because Indiana has a very weak veto system. A governor's veto is easily overridden.

In Georgia, the bill has passed the Senate, with a strong assist from Governor Kemp. It has passed the House Committee.  If it passes the House, Governor Kemp is near certain to sign it.

It is unclear if Ohio, Alabama, or Indiana will be the next state to enact Constitutional Carry.

The decision is now up to the governors of the three states. As of this writing, confidential sources have informed this correspondent, that Governor Mike DeWine will sign the bill, in part to aid in his primary election. He has not yet received SB 215.

Governor Holcomb of Indiana is said to be hostile to Constitutional Carry. He has not made any official statements saying he would veto HB 1296. The bill has not yet been sent to him. After he receives the bill, if he does nothing, the bill becomes law in seven days.

The members of the Constitutional Carry (no permit required) club consisted of 21 states at the end of 2021. Those states are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

The club is about to expand. It may become 24 states by the end of March.

Georgia could make that number 25 in short order.

With over 21 states restoring Constitutional Carry , Constitutional Carry becomes the preferred method of dealing with the Second Amendment and state constitutional amendments for the right to keep and bear arms.  When 25 states have restored Constitutional Carry, half of the states will use this method.

Supreme Court justices read the media. The states have shown Constitutional Carry does not harm public safety. It is what state legislators have done to honor the right to keep and bear arms. It may have a positive effect on the justices as the opinion in the New York Rifle & Pistol Association case is before the court. In it, the justices have an opportunity to address whether the right to bear arms means more than the ability to carry a rifle from one room in the home to another.

The opinion is expected to be released in June of this year.

Update: Governor Ivey signed SB 215 1 hour after the legislature sent it to her.

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

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Governor Ivey Signs HB 272: Alabama Becomes 22nd member of the Constituitonal Carry Club

 

On March 10, 2022, one hour after the Alabama legislature sent her House Bill 272, Governor Kay Ivey signed Constitutional Carry into law. The bill will become effective on January 1, 2023. Alabama has joined 21 other states in the Constitutional Carry club, increasing the number to 22. From Governor Ivey's office:

MONTGOMERY – Governor Kay Ivey on Thursday signed House Bill 272, known as the constitutional carry bill, into law, defending law abiding Alabamians’ Second Amendment rights.

“Unlike states who are doing everything in their power to make it harder for law abiding citizens, Alabama is reaffirming our commitment to defending our Second Amendment rights,” said Governor Ivey. “I have always stood up for the rights of law abiding gunowners, and I am proud to do that again today.”

HB272, sponsored by Rep. Shane Stringer (R – HD102), revises certain restrictions regarding the carrying or possession of a pistol and eliminates the requirement to obtain a pistol permit in order to carry a concealed pistol.

Representative Shane Stringer has worked for years to obtain the passage of Constitutional Carry. For Stringer, it is a matter of principle. He has suffered for his principles.  On May 14, 2021, Shane Stringer was fired from his position as a Captain in the Mobile County Sheriff's department, because of his support for Constitutional Carry as a State representative. From a previous AmmoLand article:

From Representative Shane Stringer’s press release (for those who have difficulty reading the image):

State Rep. Shane Stringer (R – Mobile) said on Friday that he is proud to stand in defense of the Second Amendment gun rights of Alabamians despite being fired by Mobile Sheriff Sam Cochran for his position on the issue,”

(snip)

“The U.S. Constitution does not say you have a right to keep and bear arms as long as you pay what amounts to a gun tax in the form of permit fees,” Stringer said. “It says you have the right to keep and carry firearms… period.”

Stringer said that despite Cochran’s action, he remains committed to his legislation and to the Alabama law enforcement community.

 “As a state legislator, I swore an oath to God that I would support the U.S. Constitution, and this legislation does just that,” Stringer said. “And whether or not I am employed by the Mobile Sheriff’s Office, my heart and soul will always belong to the mission of enforcing the law and to my fellow officers who seek to protect the men, women, and children of Alabama.”

It is principled Representatives and peace officers such as Shane Stringer, joined with millions of Second Amendment activists, which have increased the number of Constitutional Carry states from only Vermont, in 2002 (Vermont had Constitutional Carry since the Second Amendment was ratified in 1791) to include Alaska in 2003, and Arizona in 2010. 

From 2011 to the present, 19 more states have joined the Constitutional Carry club, making 22 in total.

The number is increasing rapidly. It is likely to include Ohio and Indiana by the end of March, becoming 24 states. Georgia is looking as an excellent candidate to joint the club. The legislation has passed the Senate, a similar bill has passed the House committee. Governor Kemp is pushing hard to pass a Constitutional Carry bill before the primary.

 

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

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FL: No Charges for Man who Shot Sarah-Nicole Morales in Self-Defense

Prosecutors will not charge an Orange City motorcyclist who shot and killed a Volusia County library assistant who he said pointed a gun at him following a road rage incident, according to an email from the State Attorney’s Office.

Andrew Derr, 40, of Orange City, shot and killed Sara-Nicole Morales, 35, on Nov. 20 outside her mother’s house in Orange City. Derr said Morales pointed a gun at him, according to reports. Two other men said Morales was waving the gun around, according to reports.

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Constitutional Carry Passes Indiana Legislature. Veto Possibilities.

 Indiana Senate vote on Constitutional Carry March 8, 2022

On March 8, 2022, the Indiana legislature, on the last day of the session, after byzantine twists and turns of the legislative process, voted to pass Constitutional Carry legislation three hours before the session ended for the year. 

Indiana Second Amendment activists have been working to pass similar legislation for years. In 2021, a Constitutional Carry (permitless) bill passed the House 64 to 31, before being killed in the Senate Judiciary Committee chaired by Liz Brown (R -15). 

In 2022, Senator Brown worked hard to kill a new bill, and came very close to succeeding. In 2022, the Republican leadership in the Senate appears to have been educated about Constitutional Carry. They used legislative procedures to bring the bill to a vote in spite of the machinations of Senator Brown, who, it is rumored, was working with Republican Governor Holcomb to kill the bill. 

The bill was brought to the rules committee after the debacle of the Judiciary Committee hearing chaired by Brown. The rules committee decided it was too late in the session for anything to be done. Then the bill language was substituted for another bill which had already passed the Senate. This procedure (strike all) is sometimes used to work around a committee chair who blocks a popular bill.

Several other procedures were used before the bill finally came to a vote of the House as HB 1296 at about 5:30 p.m. on March 8th.  It passed, 69 to 30. The full Senate debated, then passed HB 1296 at about 9 p.m. The vote was 30 to 20. Senator Brown and eight other Republicans voted against the bill. The bill would not have passed without the assistance of the Senate Republican leadership.

Many have asked: Will Governor Holcomb (R) veto the Constitutional Carry bill? 

He may, but this correspondent doubts that he will. Indiana limits the power of the Governor's veto more than most other states. In 2021, the Indiana legislature overrode Governor Holcomb's vetoes three times. 

If the Governor does nothing, the bill becomes law in seven days.

If the Governor vetoes the bill, a majority vote in both chambers is necessary to override the veto.

The legislature has until the end of the next legislative session to override the veto, or they can call a special session to override a veto earlier.

New laws generally take effect on July 1 of the year they are passed.  

Indiana is well on the way to becoming the 22nd, 23rd, or 24th state to join the Constitutional Carry club. Ohio and Alabama are very close to passing Constitutional Carry, so the sequence is uncertain. 

At the beginning of 2022, there were 21 members of the Constitutional Carry (permitless) club. They were:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

This correspondent predicted 2 - 4 states would pass Constitutional Carry bills in 2022.  That prediction still holds.  If four states pass Constitutional carry, then half of all states in the United States will have restored the state of law to where no permit was required to carry a loaded handgun, concealed or openly, in most public spaces, as it was in 1791.

Long experience has shown that violent crime and suicides do not rise when people, who have not shown themselves to be a danger to themselves or others, carry firearms without government permission.

The requirement to obtain a government permission slip to carry a firearm, is an infringement on the right to bear arms, as stated in the Second Amendment.

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

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CO: Left Wing, Unlicenced "Guard" not Charged in Shooting Death of Lee Keltner

A double standard? 

Prosecutors plan to drop the murder charge filed against an unlicensed security guard who shot and killed a man in 2020 following dueling rallies in downtown Denver because they don’t believe they can overcome the security guard’s claim that he acted in self-defense.

Matthew Dolloff, 32, shot and killed Lee Keltner, 49, on Oct. 10, 2020, during a confrontation between the pair toward the end of two opposing political rallies in Denver’s Civic Center. One demonstration featured conservative “Patriot Rally” attendees. That group was met by left-leaning counter-protesters.

Dolloff’s attorney, Doug Richards, said prosecutors with the Denver District Attorney’s Office told him they intend to dismiss the second-degree murder case at the pre-trial conference scheduled for March 21. A jury trial was scheduled to begin April 12.

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NICS February, 2022 Third Highest Feb for Gun Sales, 4th for Background Checks

 

 February of 2022 was the third highest February for gun sales since the National Instant background Check System (NICS) started in 1998. It was the fourth highest number of NICS checks done during the month of February.

Only 46 percent of the National Instant background Check System checks were for carry permits and carry permit rechecks in February of 2022. In February of 2021, the carry permits and permit rechecks were about 60 percent of total NICS checks.

The change seems related to implementation of a reformed FOID card system in Illinois. Public Act 102-0237 went into effect in January. It appears to have reduced the number of background checks conducted by Illinois state police by hundreds of thousands of checks a month. 

In February of 2021, there were about 3.44 million NICS checks, total. 

In February of 2022, there were about 2.55 million NICS checks, total. 

Those total NICS numbers include all the checks done for carry permits and carry permit rechecks.

There were about 1.30 million guns sold using the NICS checks in February of 2022. 

In February of 2021, there were about 1.35 million sold.

In February of 2020, there were about 1.24 million sold

In February of 2016, there were about 1.41 million sold

Gun sales remain at levels well above historical averages. The number of gun owners in the United States continues to grow, while interest in and desire for guns remains high.

This correspondent believes the demand for firearms is being driven by uncertainty domestically and in foreign affairs. Crime rates have risen sharply during the run up to the 2020 election with several Democrat states and cities announcing some crimes will not be effectively prosecuted. Police moral is low in those areas. Police have been demonized by the dominant media and the Democrat party. It is easy to understand why murder rates have spiked in many urban areas. The United States has a long, strong history of using firearms for defense of self and others. Neighbors help each other. Local organizations are formed spontaneously to aid in protecting neighborhoods.

The war in Ukraine is showing how useful small arms are in aiding national defense during an invasion. 

In the United States, there is a long history of local  militias spontaneously forming to keep order and to aid in civil defense during emergencies. There is a strong base of veterans to aid in organization and training such spontaneously organized systems.

An invasion of illegal aliens, many of them criminals, is occurring at the southern border with the assistance of the Biden administration. Over two million illegal aliens came to the United States in 2021 alone.

Handguns remain the strongest segment of the firearms market. About five handguns are sold for each three long guns.

Ammunition manufacturers are running all out.  There may be some limits on obtaining the supplies to make ammunition.  Ammunition remains in high demand and many calibers are difficult to find. Prices are high. The inability of manufacturers to meet the increased demand is probably limiting the demand for firearms. The war in Ukraine is increasing the demand for small arms ammunition.

When state and local governments refuse to enforce domestic tranquility, individuals are incentivized to pick up the slack. Hence, strong gun sales, with many manufacturers selling firearms as fast as they can produce them.

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

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FL: Domestic Defense, Man Attacked by Family Member shoots, wounds, Attacker

A man was attacked by a family member and felt his life was in danger so he fired a gun shooting the man several times, according to the sheriff’s office. The shooter rendered first aid and called 911. The sheriff said witnesses on scene confirmed it was self-defense.

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Book Review and Black Bear Attack Excerpt: Handloggers by W. H. Jackson

Handloggers is the biography of Alaskan pioneer W. H. (Handlogger) Jackson and his wife Ruth Jackson, nee Ruth Johnstone. 

Jackson moved into Alaska about 1917-18, prospecting, handlogging, and trapping. He was born about 1883-84 in California, when the fastest transport was a steam engine train. Most of his travels before 1920 were on foot, horseback, or by steamship. He married in 1927, and died in 1970. During his long outdoors career, he developed an outstanding reputation for skill and fair dealing.

On page 225, Handlogger writes of the unprovoked black bear attack he foiled with a stout walking stick. It was in 1960, near Kegan Cove. He was about 76 years old.

He called the stick his "snozzle stick", claiming if he ever needed, he could hit a bear on the "snozzle" with it. Jackson is very good at telling a story. One day, while hiking, he saw a large animal moving the thick brush, coming directly at him. He could not determine what it was. He was standing on top of a log. From Handloggers:

At twenty yards, I still could not see what it was. I hollered some more, but it didn't turn. It was something big, coming deliberately at me. There were no grizzlys around, nothing I'd seen that would bother me in all the years I'd worked there. My snozzle stick looked awfully inadequate, but trying to run would be useless.

At thirty feet it broke into the open, a black bear in full charge. No mistaking its intention. Ears flattened, eyes blazing, teeth bared, huffing and snorting, it lacked only the size, speed, and volume of a big grizzly or Kodiak on the warpath. 

My snozzle stick was water-soaked and heavy from lying in the rain water in the bottom of the boat. I grasped it in a two-handed swing like a ball player and brought it down across the bears nose just as its teeth were snapping half a yard from my shins.  

I must have hit hard. The bear shut its eyes tight, ducked its head, and ran back to the top of the knoll. There it sat down to watch me. When I was sure it was not coming again, I backed off the log and headed for the beach.

I was mad. For more than fifty years I'd been prowling through the brush where black bears were as thick as rabbits, and I'd thought no more of meeting a black empty handed than I'd thought of meeting people on the street. Now to have this fool bear destroy all my trust in the blacks, all my respect for them!

Handlogger Jackson had spent a lifetime as an expert ax man. His livelihood depended on being able to place an ax blade to within a small fraction of an inch where he wanted it to go, while standing on a tiny platform, and expending a full power stroke. It is plausible he could do the same thing with a walking stick while standing on a log. 

Jackson went back to where he had left a rifle. He had thought it was unnecessary in an area where only black bears were common. He returned and killed the black bear, a big sow, as he considered it a threat to any human it came across.

The book is an excellent account of pioneering in Alaska during territorial days, and the transition to a state.

During Jackson's long career, he wrote articles for the Alaskan Sportsman magazine. Some articles were assigned by the editor, who was a friend of Jackson's.  His first article appeared in the fourth edition of Alaskan Sportsman, in April of 1935.

Jackson's most popular article in the Alaskan Sportsman, was a rewrite of the "Old Groaner" story, in 1953, 17 years after the original article. The original article was written only a few weeks after the event which occurred in November of 1935. 

The original story was published in the eighth edition of Alaskan Sportsman in February of 1936, written by F.W. Gabler. 

This correspondent came across "Handloggers" while doing research on the "Old Groaner" mythology, in order to understand the person who wrote the 1953 re-write. The 1953 re-write was re-published in the book "Blood in the Arctic Snow" in 1956. The re-write was re-published in 1986, in Alaskan Sportsman.  The 1953 re-write was re-written in Larry Kanuit's book, Bear Tales for the Ages, published in 2001. The 1953 re-write has been the source of several articles and much myth-making on the Internet. 

Aside from the connection of being written by the same author, there is no mention of Old Groaner in Handlogger Jackson's biography. Handlogger spent considerable time with his in-laws over the 26 years he was married before 1953. There were several mentions of Bruce Johnstone, Ruth's younger brother, in "Handloggers". Bruce Johnstone is the man who shot and killed Old Groaner in November of 1935. 

It is likely Jackson heard the story from Bruce Johnstone more than once.

There are many close calls and adventures in the Jackson's lives. Most of them involved boats and the weather. Some involve animals. Jackson has a flair for storytelling. Some of his stories include his opinions; some probably contain a bit of literary license. If you enjoy reading well written, real life, adventure stories, read "Handloggers". You won't regret it. 

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

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SD: Followup, Jury Finds Jarret Jones not guilte in Self Defense Shooting of Jon Schumacher

ABERDEEN, S.D. (AP) — A jury in Brown County has acquitted a man who claimed he was defending himself and his daughter when he fatally shot her boyfriend in 2020.

After eight hours of deliberation, the jury on Tuesday night found Jarrett Jones not guilty of first-degree murder, second-degree murder and first- and second-degree manslaughter.

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IN: Senator Liz Brown(R - 15) A Force against Constitutional Carry (opinion) (Update: Bill Passes!)

Indiana Capitol

A confidential source has informed this correspondent of events involving the Indiana Constitutional Carry legislation in 2022. The source claimed Senator Liz Brown (R) of Senate District 15 has been the major force blocking passage of Constitutional Carry. The source claimed Governor Holcombe wants the bill killed and is pushing Senator Brown to do the killing.

In particular, the source stated that Senator Liz Brown was adamant, and emotional in the Republican Caucus meeting on Thursday, March 3rd,  denouncing a provision in HB 1077, which required minors who use a firearm in a crime to be tried as adults. The tactic was successful, with the Republican leadership bending to Brown's insistence the provision be removed from the bill.

This tactic may kill the bill. The Indiana legislature is on a very short time budget, with many bills to enact before the legislative session ends at midnight on Tuesday, March 8. To change the bill at this point requires the amendment be made, the bill then voted on in the Senate and passed. Then the bill has to be sent back to the House, voted on and passed, all before midnight on 8 March.

The source was disgusted, because Brown has attempted to show herself as a proponent of Constitutional Carry.  The attempt at showing herself as a supporter is easily verified. On January 7, 2022, AP reported Senator Liz Brown is co-sponsoring a similar bill in the Senate.

The chairwoman of the state Senate committee that blocked the repeal effort last year is co-sponsoring a bill similar to the House proposal for this year’s session.

The source stated the Senate Republican leader,  Rodric Bray, is now a supporter of passing the Constitutional Carry bill. This is partly confirmed by a member of Indianagunowners.

At about 5 a.m. on March 7, 2022, from KellyinAvon at indianagunowners.com:

Second link below is for Senate President Pro Tempore Bray. His Legislative Assistant (Kayla) is at 317-232-9416. Again polite, professional, "thank you for your support on SB 209 with House-passed HB 1077 language."

I think Senator Bray has "seen the light" on this issue. Calls of support also have the affect of letting him know we are paying attention.

This correspondent has seen similar situations in several other states, where a popular bill is effectively killed by one stubborn legislator, ideologically committed to a position, which they do not want their constituents to know about. Second Amendment activists worked hard to bring the bill up for a vote.

Delay is often used to kill bills. The vote in the Senate committee on House Bill 1077 was delayed until near the end of the session.

In Senator Liz Brown's case, the strong emotions she showed during the committee hearing on the bill showed she is ideologically committed against Constitutional Carry. She knows this costs her votes, so she works to disguise her position.

Politicians who commit to one position to gain votes, but work behind the scenes against their public position, are not uncommon.

It is a betrayal of public confidence. Deception of voters is a cornerstone of "Progressive" governance.

It is becoming harder and harder to deceive Second Amendment activists. They have learned to watch closely what a politician does, not just what they say.

Senator Brown's tactics may work. Constitutional Carry may again be defeated in the Indiana Senate.

Senator Brown is not the only Republican who holds responsibility if Constitutional Carry is killed, but she has a significant share.

Senator Brown is unopposed in the state primary election to be held on May 3, 2022.  February 4th was the deadline for a candidate to file for the primary election. Senator Brown had two Republicans vote with her to gut the Constitutional Carry bill in the Judiciary Committee where she is the Chair. The three Republicans joined with 3 Democrats to gut the bill by amendment, with a vote of 6-5.

The two  Republicans who joined with Senator Liz Brown were Senator Mike Bohacek  of District 8 and Senator Susan Glick of District 13. They will not be up for re-election until 2024.

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

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GA: Armed Samaritan shot 18-year-old, after 18-year-old shot and killed the 25-year-old.

LITHONIA, Ga. — DeKalb police said that an 18-year-old was killed in self-defense in a shooting that also left a 25-year-old man in critical condition Monday night.

Officers were called to the 6300 block of Stablewood Way in Lithonia around 6:30 p.m. in reference to a shooting.

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MN: Followup, Prosecutor wants Further investigation of Woman who Shot Martin L. Johnson

Prosecutors said Monday they do not have enough evidence thus far to charge a Minneapolis woman who fatally shot a man she described as coming at her in a threatening manner after breaking into her garage.

Police last week forwarded their investigation into the Feb. 22 shooting of Martin L. Johnson, 30, for consideration of charges against the 53-year-old homeowner who told police that she killed the man after he broke into her detached garage, then approached her while reaching into his waistband.

"The case has been deferred pending further investigation," said Lacey Severins, a spokeswoman for the Hennepin County Attorney's Office.

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Republican Senators Attempt to Resurrect Constitutional Carry in Indiana

Indiana Capitol

After the Constitutional Carry bill in Indiana was effectively killed in the Judiciary committee, with the connivance of the Chair, Liz Brown (R), the bill has been resurrected by Second Amendment supporting Republicans.

From wrtv.com:

INDIANAPOLIS — House Bill 1077, known as the ‘Constitutional Carry’ bill, has been effectively revived in the Indiana Senate after GOP lawmakers moved language from the now-dead bill into the unrelated Senate Bill 209.

SB 209 was originally a bill that addressed drug scheduling, but all that language was removed, and replaced with the original HB 1077 language.

In the conference committee, no testimony was allowed before the vote on the bill. The chair, Senator Eric Koch (R) said all the testimony had already been given. 

As the previous bill, SB 209, was previously passed by the Senate, this bill, now SB 209 with the original language of House Bill 1077, is reported as not subject to amendment. 

As reported on  indianagunowners.com:

I have the honor of being an Advisor on SB209 this morning where we stripped the original language from that bill and replaced it with the Constitutional Carry language that passed the House.
Constitutional Carry is ALIVE!

AP reports both the Senate and the House will have to approve of the "amended" bill before the end of the legislative session next week, for it to be sent to Governor Holcombe. From apnews.com:

The House and Senate would have to approve the repeal before the expected adjournment of this year’s legislative session next week. Passage in the Senate isn’t a certainty as Republican senators did not take up a similar House-approved bill last year, citing the opposition from police groups.

There is discussion on indianagunowners there may be an attempt to divert the bill to the Senate rules before a vote is taken in the Senate. If that happens, the bill will likely be killed before it is voted on.

Both the NRA and the Indiana State Rifle and Pistol Association are reported to be sending out notices for members to contact their Indiana state senators in support of the bill. As reported at indianagunowners.com: 

House Bill 1077- Constitutional carry or Permitless carry- passed the House overwhelmingly but was severely amended in the Senate Legislative committee. Wednesday, a conference committee removed existing language from Senate Bill 209 to replace it with constitutional carry language from House Bill 1077. 

This allows the bill that passed the House to move forward in the Senate despite opposition in Committee. Now, the House and Senate will need to caucus to agree to sign the conference report.

Second Amendment activists in Indiana have been working hard for Constitutional Carry for several years. In Indiana, a lifetime permit is available for free. Second Amendment activists say it is the principle which is important. You should not have to ask permission to exercise a Constitutional right.

The issue is primarily whether the power of government is limited or not. Both the Federal Constitution and the Indiana Constitution purport to limit government power.  Are those limits real, or are they paper tigers?

 

 

CA: Gunfight in Fontana, Homeowner Shoots, Kills Armed Intruder

Police tell Eyewitness News the homeowner was alone at home when he noticed a burglar breaking in. That's when he called 911 and grabbed a gun to defend himself, according to investigators.

While he was on the phone, police say the homeowner and the burglar exchanged gunfire. He was shot in the upper torso.

Police say the burglar - who was described only as a Hispanic man in his late 20s or early 30s - was found dead on the ground holding a gun and wearing gloves and a face mask.

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Alabama Senate Approves House Constitutional Carry Bill, with Amendments

 

On Thursday, 3 March, 2022, the  Alabama Senate passed House Bill 272, Constitutional Carry, with Amendments. The Amendments were added the previous day. From alreporter.com: 

The Alabama Senate Judiciary Committee on Wednesday approved a bill that would repeal the state’s law requiring a permit to carry a concealed weapon. The bill now heads to the full Senate for consideration of final passage.

Looking at Legiscan, HB 272 passed the full Senate, 23 to 5, with 7 abstaining, March 3rd, 2022. Four Republicans and three Democrats abstained from voting. They may have agreed not to vote, with offsetting votes.

Three amendments were added in the Senate committee. 

The first amendment was a requirement for an armed person to inform an officer of the law if the armed person was asked by the officer if the person was armed. In this case, being armed includes if a firearm is in the vehicle occupied by the person. The armed person is required to answer the officer truthfully.

The second amendment made clear if a person was on private property, and were personally informed they were not allowed to be armed on the property, they would be required to leave. If they did not leave, they would be charged with criminal trespass. This is a reinforcement of the way trespassing is enforced in most states. What is different in this statute, is the law requires the prosecution of armed trespassers if they refuse to leave, removing much discretion about enforcement of the law. From the amendment:

"(b) Notwithstanding any other provision of law to the contrary, a violation of this section shall be prosecuted as a criminal trespass in the third degree pursuant to Section 2613A-7-4.

The third amendment is a way for the state to reimburse Sheriff's offices for revenue lost if the number of permits decreases. That provision sunsets after three years.

Because of the amendments, the bill will go back to the House for concurrence. If HB 272 is passed in the House, as it was passed in the Senate, then it would be sent to Governor Kay Ivey for signature or veto.

It appears to this correspondent, the amendments will be accepted by the House, in order to pass HB 272. 

The Constitutional Carry bill in Ohio is in the administrative process of being sent to Governor  DeWine. Because of the amendments to the Alabama bill, it is likely the Ohio bill will be signed first, making it the 22nd state to become a member of the Constitutional Carry club.

The Alabama Constitutional Carry bill, HB 272, appears to be likely to be passed and to be signed by Governor Ivey.

Neither bill is yet law. Many things can happen before they become law. 

When either bill becomes law, Constitutional Carry will be the most common way for state legislatures to treat the issue of carry of handguns outside the home. This might have some bearing on the New York Rifle and Pistol Association case now before the Supreme Court. The opinion is expected in June of 2022. 

It seems likely both bills will become law before the end of March, 2022. If that happens, Ohio and Alabama will become the 22 and 23 Constitutional Carry states in the Constitutional Carry club. 

The current members of the Constitutional Carry club are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Other states are considering Constitutional Carry in their legislatures, including Georgia, Nebraska, Florida, and Wisconsin.

Pennsylvania passed a Constitutional Carry bill, but was unable to override the Governor's veto.

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

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TX: Harrison County Woman Shoots, Wounds Man who Refused to Leave her Home

The release said that the homeowner “verbally gave orders for George to leave, which he refused.” The homeowner then shot George because she was “fearing for her safety.”

George was taken to a hospital outside of Longview, where he was then taken into custody. He was booked into the Smith County Jail and Harrison County said they have plans to extradite him. He is charged with burglary of a habitation with intent to commit assault.

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Constitutional Carry to be sent to Ohio Governor DeWine

The Ohio Legislature has completed its votes for the Constitutional Carry bill, (permitless carry) on March 2, 2022. The bill will have some administrative procedures completed, and will then be sent to Governor DeWine. This will give Governor DeWine plenty of time to sign the bill in order to gain advantage from it in the upcoming Ohio primary election, which is scheduled for May 3rd, 2022.

From buckeyefirearms.org: 

On Wednesday, March 2, 2022, the Ohio House voted 57-35 to pass Senate Bill 215, sponsored by Sen. Terry Johnson.

About an hour later, the Senate concurred with a vote of 24-8. This means the bill now moves to the Governor's desk!

The bill seeks to make a concealed handgun license optional in Ohio. It also clarifies how and when a person must notify law enforcement about carrying a firearm, so that an officer simply asks.

Other sources have confirmed the votes and progress of the bill.  From limaohio.com:

The Ohio House Government Oversight Committee on Tuesday passed Sub Senate Bill 215, which allows Ohioans to concealed carry without a permit and removes required training and background checks for gun owners. The so-called “constitutional carry bill” passed on the House floor, 57-35, on Wednesday and an hour later passed in the Ohio Senate, 24-8. Now it awaits the governor’s signature.

The votes have yet to be entered on the official Ohio legislature site, as of the time of this writing. As noted in the previous article, Governor DeWine is expected to sign the bill. Once the bill is signed, it would become effective in about 90 days, according the Buckeye Firearms. 

There are 21 states which have Constitutional Carry in effect. They are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Ohio is on the path to becoming the 22nd member of the Constitutional Carry club. A close contender, Indiana, had a Constitutional Carry bill killed in the Republican controlled Senate a few days before the Ohio vote. 

Alabama is very close to passing a Constitutional Carry bill. Several other states are considering Constitutional Carry legislation. 

Nebraska appears to be the next most likely state on the list. Georgia and Florida governors have embraced the concept, but legislative maneuvers among "moderate" Republicans may kill the legislation in those states. In Indiana, it was reported Governor Holcombe wanted the bill killed.

In Georgia, the bill, SB319 has passed the Senate, and has been sent to the House.

In Florida, a bill has been introduced in the House, but has not seen any movement yet. Lee Williams believes Governor DeSantis can get the bill passed if he is willing to make it a priority.

Constitutional Carry is a close approximation of the state of law which existed when the Second Amendment was ratified in 1791. At that time, no state or the federal government required any permit for people to carry weapons in most public places, openly or concealed.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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UT: Charges Against Michael CLara Dismissed in Self Defense Case

My advocate

@SLCrimeDefense

and I prevailed! Third District Court, Judge Shaughnessy dismissed the felony counts in my #self-defense case! #utpol

 

---------------------------------------------------------

 

Clayton Simms Law

@SLCrimeDefense

·

Mar 4

Replying to

@donMiguelSLC

Thanks for trusting me to represent you! It helps that you’re actually innocent & acting in Self-defense. #innocent

 

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Arizona Bill to Remove Silencers from Prohibited Weapons List

In Arizona, Senator Wendy Rogers has introduced a bill, AZ SB 1037, to remove silencers, suppressors, "gun mufflers" from the list of prohibited weapons in Arizona Revised Statutes 13-3101. Here is the basic change:

8. "Prohibited weapon":

(a) Includes the following:

(i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.

(ii) A device that is designed, made or adapted to muffle the report of a firearm.

(iii) (ii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.

This is a simple and straightforward bill. It removes gun mufflers from the state list of prohibited weapons.  It does not do anything else.

The Arizona Citizen's Defense League (AZCDL) supports SB 1037.

The current state of law in Arizona is that gun mufflers, silencers, suppressors , are illegal to own in Arizona, unless they are legal to own under federal law. 

It is unclear how, exactly, this state of law came to be. Not all states ban gun mufflers; not all states require their citizens/residents to comply with federal law on gun mufflers.

This correspondent's speculation is: after the federal government required gun mufflers to pay an insane four months worth of wages for a tax stamp to own a gun muffler, ($200 was four months of wages in 1934), the bureaucrats in the treasury were worried about Constitutional challenges to the 1934 National Firearms Act (NFA). Very few cases are brought against people for the illegal possession of a gun muffler under the act. When they are, the possibility exists for Constitutional challenges.

The NFA is vulnerable from several different points of attack; on Second Amendment grounds; on interstate commerce grounds; and under the legitimacy of the tax, as the law was passed as a tax specifically as a "work around" of Constitutional limitations on federal power. These could be avoided if possession of gun mufflers were prosecuted under state law instead of federal law. Federal regulators had a motive to push for state laws that mirrored federal law.

Records are difficult to find in the era before the Internet made searches easy. However, many states passed laws mirroring the prohibitions in the NFA against gun mufflers, short barreled rifles and shotguns, and fully automatic firearms. How much the federal government lobbied state governments to pass such laws is unknown.

There is no logical reason to make the possession and use of safety devices such as gun mufflers legally difficult. Many countries, for many years, have had no restrictions on gun mufflers. In New Zealand, it is still legal for anyone to walk into a hardware store, with cash, and walk out with a legal gun muffler for under $50. None of those countries suffered from a rash of crimes with gun mufflers. Very few crimes are committed with gun mufflers.

Removing state prohibitions on gun mufflers does several useful things.

It separates federal and state law. It is bad policy to make state law dependent on federal law. This undermines the checks and balances in the Constitution used to protect the public from the government.

It eliminates the possibility of local prosecution for the possession of a gun muffler. In Arizona, it is legal to use gun mufflers for legal purposes, including hunting. It is unreasonable to have a state law whose only purpose is to facilitate the prosecution of federal law, which state lawmakers do not support.

It encourages the use of gun mufflers, with subsequent benefits in safety, reduction in hearing loss, and reduction in noise pollution.

It adds to the growing pressure to remove gun mufflers from those items taxed by the NFA. Anyone who has gone through the draconian and byzantine procedures of the NFA, which routinely take a year or more to purchase a piece of safety equipment, understands the desirability of this reform. 

There have been previous attempts to remove gun mufflers from the list of prohibited weapons in Arizona. 

In 2013, the Arizona legislature removed a prohibition on using gun mufflers while hunting. 

In 2015, the Senate voted to remove gun mufflers, short barreled rifles and shotguns, and nun-chucks from the banned weapons list in Arizona, with a bill introduced by Senator Kelli Ward. The bill ultimately failed after a media campaign to demonize Senator Ward. Senator Ward is now the Chair of the Republican party in Arizona.

In 2019, the legislature removed nun-chucks from the list, with a bill which was introduced by Senator Gowan. 

There are 22 states which do not ban gun mufflers under state law. 

Several states have removed state bans on gun mufflers. Tennessee removed their ban in 2017. Arkansas removed their ban in 2019. The latest was Texas, which removed its ban in 2021.  Texas has the most gun mufflers registered and taxed of any state in the union, over 400 thousand.  Arizona has over 85 thousand, close to  the same number per capita. 

Legislatures are busy places. Removal of the state ban on gun mufflers in Arizona is common sense. Whether there is sufficient will in the state legislature to pass the bill is unknown. 

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

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GA: Followup, Judge Rules Luther Harter was Shot in Self Defense in 2018

A Superior Court judge has ruled that Luther Harter’s nephew and his wife are immune from prosecution in Harter’s shooting death.

In an order released this week, Judge Robert Guy determined that “a preponderance of the evidence” shows that Thomas Harter and Michelle Roberts were acting in self-defense when they shot at Luther Harter in an altercation off Penholloway Road on Nov. 20, 2018.

Thomas Harter and Roberts were subsequently indicted for felony murder, voluntary manslaughter, aggravated assault and involuntary manslaughter.

Guy was ruling on motions heard in a pretrial hearing Oct. 14-15 of last year.

The motions were based on Official Code of Georgia Annotated Sections 16-3-24.2 and 16-3-21 which grant immunity from prosecution for use of deadly force in cases where someone “reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony ”

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TX: Houston Homeowner Shoots, Kills Intruder

The intruder entered the home and then made his way up the stairs, when the intruder saw him and the homeowner discharged his weapon. According to HPD, the homeowner shot the intruder in the neck.

After being shot, police say the intruder ran out the same way he came in, then knocked on nearby doors letting neighbors know he was shot.

HPD says the man later collapsed a few houses away and was pronounced dead at the scene.

Other neighbors say they witnessed the intruder knocking on other houses in the area before the shooting happened.

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MN: Minneapolis Woman Used Pistol and Rifle in Claimed Self Defense

MINNEAPOLIS (FOX 9) - A 53-year-old woman and Minneapolis homeowner is claiming self-defense, and protection of property in a deadly shooting in her yard last week. Court documents reveal on Feb. 22 a man died after he was shot in the 3300 block of 25th Avenue South in Minneapolis' Corcoran neighborhood. The homeowner who pulled the trigger claims, she fired several warning shots. But the man advanced towards her.

FOX 9’s Paul Blume reports the Minneapolis Police Department forwarded the case onto the Hennepin County Attorney’s Office to make a legal determination whether it was a case of murder or justified self-defense.

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Remington Did not Settle Sandy Hook Lawsuit

 

Much of old Media are parroting headlines similar to these examples: 

Sandy Hook Families Settle With Gunmaker for $73 Million Over Massacre (New York Times)

Families of Sandy Hook victims reach $73 million settlement with Remington (NPR)

Sandy Hook families reach $73 million settlement with gun manufacturer Remington (CNN)

Families of Sandy Hook victims settle with Remington (BBC)

Sandy Hook families settle for $73M with gun maker Remington (AP)

The problem with these headlines, as with much of the reporting on the old, dominant media, is they are all false. 

Remington, the gun maker did not settle with anyone. Remington the gun maker no longer exists. The people who settled with the families are not gunmakers. They are insurance companies. Remington had no say in the matter. If the case had gone to trial, Remington very likely would have prevailed. The lawsuit was always highly problematic.

From the National Shooting Sports Foundation: 

Insurers for the defunct Remington Outdoor Company (ROC) reached a settlement for $73 million with families suing the gun manufacturer under Connecticut’s Unfair Trade Practices Act (CUPTA). The insurers reached the settlement since the company no longer exists after falling into bankruptcy. NSSF noted that no manufacturer admitted liability and the plaintiffs never produced evidence that advertising ever influenced Nancy Lanza, who legally purchased the rifle, nor her son who murdered her and committed the heinous crimes. The Connecticut Supreme Court wrote in its Soto v. Bushmaster (4-3) opinion, “[T]he plaintiffs allege that the defendants’ wrongful advertising magnified the lethality of the Sandy Hook massacre by inspiring Lanza or causing him to select a more efficiently deadly weapon for his attack. Proving such a causal link at trial may prove to be a Herculean task.” NSSF believes the Court incorrectly allowed this one claim to go forward to discovery and is confident ROC would have prevailed if this case proceeded to trial.

Remington, when it existed, was protected by the  Protection of Lawful Commerce in Arms Act (PLCAA). The act protects arms manufacturers, wholesalers, and retailers from lawsuit. If they follow the law in the manufacturing and sales process. they cannot be sued for criminal actions committed with their legally sold products.

The Act should have been the PLCA (Protection of Lawful Commerce Act). It should have covered all manufacturers, wholesalers and retailers. A free society cannot function if people who have no control over the actions of criminals are held responsible for the action of criminals. No food producer, alcohol producer, automobile producer or clothing producer can survive under such liability. 

Will the next lawsuit be against Nike for the shoes worn by a mugger? Against Ford for the truck used by a drive by shooter? Against Trek for the bicycle used by a bank robber? 

All of those are just as valid as lawsuits against a gun manufacturer, after a gun they manufactured and legally sold was stolen after the legal owner was murdered, and then used in mass murder.

Everyone should note this was not damages awarded by a court, even if Giffords Law Center to Prevent Gun Violence labels it as such. From NPR.org: 

This case is thought to be the first damages award of this magnitude against a U.S. gun manufacturer based on a mass shooting, according to Adam Skaggs, chief counsel and policy director at Giffords Law Center to Prevent Gun Violence.

This was a settlement between the parties of the lawsuit, not court awarded damages. Court awarded damages can be appealed. A settlement cannot. 

The insurance companies are listed in this article at insurance.com: 

At the time of the shooting, four insurers had a total of five policies in effect on Remington Arms and its companies. The four insurers sharing in the settlement payout to the families of the shooting’s victims are Ironshore (a Liberty Mutual subsidiary), James River Insurance Co., ACE (now Chubb), and North American Capacity Insurance Co. (Swiss Re Corporate Solutions America Insurance Corp.).

Why would insurance companies agree to a settlement for the maximum amount they insured Remington for? It does not appear they gain much, if anything. 

Glenn Beck believes the insurance companies are being pressured by the government to do so. He thinks the whole point is to make gun manufacturers uninsurable.   He may be correct. This settlement did not happen until after President Biden was elected. 

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

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FL: Officers Alledge Ambush at Convenience Store Failed when Victim Fired Back

Deputies determined that the group had “beef” with a man at the convenience store. The group planned to ambush the man as he was leaving the convenience store from a nearby field. The group shot at the man as he was leaving, while the man fired back in self-defense. Burleson’s cousin was shot during the ambush, according to deputies.

The family member was taken to a hospital where he died from his injuries. Burleson and Flowers received felony murder charges after the family member died.

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Canadian Emergency Act Bodes Ill for Canadian Gun Owners Update: Trudeau Blinks!

Canada is becoming a police state. The Canadian House of Commons has abdicated its responsibilities. This has a significant effect on Canadian gun owners. 

The Emergency Act allows the Trudeau administration to punish people for things they legally did months or years ago, particularly political contributions. No Court order is required.

The Emergency Act invoked by Prime Minister Justin Trudeau is limited by law in several ways. One of those is a requirement that both houses of Parliament consider the Act within seven "sitting" days, continually debate the act, and then vote on it.

The Emergency Measure (the Act is the law, the measure is what Trudeau proclaimed, using the Act) was proclaimed on 14 February, 2022. It has already been approved by the House of Commons, in a vote of 151 to 185. The Conservatives and Bloc Québécois opposed the Act. The Liberals and New Democrat parties (both far left) approved of it.

The Canadian Senate was designed to be a check on the power of the popular vote in the House of Commons. It has not worked out that way. The Senate has become a rubber stamp for the House of Commons. 

The Senate has real power. It has chosen not to use it. It could exercise its power by voting against the Emergency Measure. The Senate is required to take up the measure on the first "sitting day" following when the motion is laid before the Senate. It is to debate the measure continuously, until it is ready for a vote. Then the vote must be taken. 

If the vote is negative the Emergency Measure is revoked the day of the vote.

Canadian Senate sitting days Calendar.

The Canadian Senate calendar shows it has sitting days on February 21, 22, 23, and 24, with possible sitting days of February 25 and 28. In March there are shown sitting days of March 1, 2, and 3. 

If the Calendar holds, the Canadian Senate must vote to on the Emergency Measure reasonably soon.

This correspondent hopes the Canadian Senate shows a spine and votes to end the Emergency Measure, which does not come close to meeting the required provisions for its use. It seems unlikely the Senate will do so. 

The Justin Trudeau administration has ruled in Canada for two years. The Canadian Parliament has voluntarily given up its power, with the excuse of COVID19. The House of Commons has voted to extend the Emergency Measure, which grants dictatorial powers to Justin Trudeau for at least 30 days. Experience shows totalitarian rulers seldom give up power voluntarily.

The Trudeau administration, by executive order, ruled many Canadian guns are contraband. This was done in early 2020. Canadian gun owners have been uncertain of what they may, or may not do. It is a signature of dictators that the rule of law does not apply.

The deadline to turn in the banned guns is April 30th, 2022. If the Emergency Measure is still in place at that time, the Trudeau administration will have all the power it needs to confiscate guns from Canadians, without compensation.

In December of 2021, Trudeau supported a ban on all handguns in Canada. Under the Emergency Measure, the Trudeau administration could require all legally owned handguns in Canada be turned in to the government. All legal handguns in Canada are registered with the government.

Under the Emergency Measure, no compensation is necessary. Canadian's bank accounts can be frozen without any court order, for any reason. Canadians are liable to have their lives and livelihood destroyed for things they did legally months or years ago. 

While talking to a dual Canadian and United States citizen in the last few days, this correspondent heard real fear in their voice. They had removed all of their assets from Canadian banks. They still owned real estate in Canada. In totalitarian regimes, real estate is significantly devalued, because property is no longer secured by the rule of law.

This correspondent has a dismal prediction: The Emergency Measure will not end any time soon. The Measure will be used to destroy any political opposition in Canada. Canada faces a bleak future. 

Update: The Canadian Senate started debating the Emergency Measure on February 22. The debate continued into February 23. Thank God this correspondent was wrong. PM Trudeau faced defeat in the Senate with a possible vote of no confidence following. Trudeau blinked and canceled the Emergency measure as the Senate continued debate. With the cancellation of the Emergency measure, the Senate immediately adjourned. The Senate voted to adjourn and adjourned at 2 p.m. on Thursday, February 23, 2022. 

This is a historic day in Canada.

(a little dated, now)

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

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OK: Domestic Defense, Woman Shoots, Kills Ex after he Broke in, Attacked her

YUKON, Okla. (KFOR) — A Yukon woman shoots and kills an intruder who is her ex-boyfriend.

Police say Sunday morning around 4 a.m., a woman called 9-1-1 after shooting her ex-boyfriend during a break-in and attack.

In the 300 block of Spruce Drive detectives say the man broke into the home and attacked the woman.

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Why They Murder Our Kids, and How to Stop the Next School Attack by Rob Morse

Excellent Essay by Rob Morse

Life tests our character and we are both the ant and grasshopper from Aesop’s fable. We both prepare and we procrastinate. We face a similar choice when it comes to protecting our children at school. Some of us planned and prepared ahead of time to protect our children, and some of us put that off for another day. What is worse is that some unprepared adults will blame the next mass murder at school on the citizens who took steps to protect their children from harm. Fortunately for all of us we know how to stop mass murder in our schools. That wasn’t always true. Defending our children at school was both a discovery and an invention. I’ve studied school safety for the last decade and this is some of what we’ve learned.

Mass murder is designed to shocks us, yet most of us ignore why these murderers kill our kids. Fewer of us act to take away the murderer’s motivation. Only a few of us work to put an effective defense in our schools. Mass murder strikes at all of our hearts, but a dedicated handful of people worked for years to make our children safer. It was hard work. It remains hard work.

Comparing mass murder to a natural disaster, it is easier to write detailed fire codes and seismic requirements for our schools than to admit that some people who look like us will deliberately hurt our children. Mass murder makes us feel helpless. We have to look evil in the face and not flinch. The good news is that we know exactly what to do to stop the next mass murderer in his tracks.

Murder is an ancient problem. We have laws against taking an innocent life but those laws are ineffective against someone who doesn’t care if they get killed. In the past, killing innocent victims was usually motivated by politics and religion and resulted in terrorists attacks. Planning your own suicide to include the death of a number of unrelated innocent parties is relatively new. We had to make a new name for it. This celebrity-murder was spawned by the news media that turned the murderer into an overnight sensation.

 

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LA: Denham Springs Homeowner Shoots Armed Intruder

DENHAM SPRINGS - A homeowner shot an armed suspect who entered their residence early Monday morning, according to sheriff's deputies. 

The Livingston Parish Sheriff's Office reported the shooting happened around 6 a.m. on Hammack Road near LA 16. The department said the property owner shot the suspect, who was also armed with a weapon, after that person entered the home.

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TX AG Paxton Files Lawsuit Challenging Federal Power to Regulate Homemade Silencers

 

On February 24, 2022, Texas Attorney General Ken Paxton filed a suit against Marvin Richardson, acting head of the ATF, challenging the power of the federal government to regulate personally made silencers used for home defense in Texas, which remain in Texas. 

The lawsuit follows the predictions made in a previous article on the subject by this correspondent. Here is the press release from Attorney General Paxton: From texasattorneygeneral.gov:

Attorney General Ken Paxton filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives seeking to stop the enforcement of federal regulations regarding firearm suppressors made in Texas. Texas House Bill 957, passed in 2021, expressly exempts from federal regulation firearm suppressors that are made in, and remain in Texas. 

Federal law regulates firearm suppressors, making it illegal to own a firearm suppressor for personal use without paying a tax. It is also a federal offense to possess, manufacture, transport, repair, or sell a firearm silencer unless a person complies with federal guidelines.  

“Our Second Amendment right must be protected and I will continue to protect Texans from federal overreach interfering with that inalienable right,” Attorney General Paxton said. “The federal government cannot simply override the Constitution. I will not allow them to tarnish the freedom and values Americans hold dear.” 

This federal law violates the Second Amendment by taxing and regulating firearm suppressors made and used in Texas. No other constitutional right is subject to payment of a federal tax before an American can exercise that right.

The brief filed by AG Paxton is clear, the arguments are strong. The NFA restrictions on Silencers are attacked on the grounds of taxation of a Constitutional right (Second Amendment), inappropriate use of the commerce clause, and as a law which has no public safety justification. From the lawsuit:

1. Federal law has heavily taxed and regulated firearm suppressors since 1934. Since 1968, it has been illegal to make a firearm suppressor for personal use without first paying a $200 tax, marking the suppressor with a serial number, getting the approval of the federal government, and registering the firearm suppressor.

2. Heavy federal taxation and regulation of firearm suppressors made in Texas for personal use in Texas does not survive Heller’s recognition that the right to keep and bear arms is an individual, fundamental right. “[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.” District of Columbia v. Heller, 554 U.S. 570, 636 (2008).

3. There has never been a public-safety justification for the taxation and regulation of firearm suppressors.

4. Moreover, federal regulation of firearm suppressors made in Texas for personal use in Texas cannot be justified as regulations of interstate commerce, or as laws necessary and proper for the carrying into execution such regulations of interstate commerce.

AG Ken Paxton is following his obligation under the law as required by Texas law passed in 2021, as HB 957. The bill became effective in September of 2021. AG Paxton has been especially busy this year, filing numerous lawsuits against the Biden administration for their illegal ignoring of federal immigration law. He has been winning those lawsuits.

Paxton has been fighting, and winning. He has a reasonable chance of winning this lawsuit, which he was required to file, by law. He has wisely chosen plaintiffs who wish to make suppressors for their own private use for self defense in their own homes in Texas. Ken Paxton has shown himself to be a savvy fighter for the Second Amendment. 

This correspondent will be following this lawsuit closely. 

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

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MO: Homeowner Shoots, Kills, Intruder

At the scene of the shooting, officers made contact with the resident of the home, who said an armed intruder had broken in, said Capt. Leslie Foreman, a spokeswoman for the department.

The resident of the apartment complex said he shot the intruder, who police said was declared dead at the scene.

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KY: Followup details on Jordan Morgan's Murder and Her Father's gunfight with lntruder

The former Kentucky lawmaker whose daughter died in a shooting at his home recounted exchanging gunfire with the home intruder, as he told reporters Sunday during a vigil for his daughter that he was “pretty positive” he struck the suspect during the shootout.

C. Wesley Morgan, a former state representative and a retired business man who owns a multimillion-dollar home in Madison County, lost his daughter early Tuesday morning when a man broke into the Morgan family home and opened fire, according to Kentucky State Police. The suspect, 23-year-old Shannon V. Gilday, allegedly killed 32-year-old Jordan Morgan and injured C. Wesley Morgan. 

Morgan’s remarks to the media Sunday revealed new details which hadn’t previously been disclosed. Morgan said Gilday climbed scaffolding at the house and kicked a door open, which got him into Jordan Morgan’s bedroom, where she was asleep around 3:45 a.m. Tuesday.

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