Self-defence or murder? Outrage as pharmacist who shot 16-year-old trying to rob his shop gets life sentence

A controversial decision to send a pharmacist to jail for life for shooting dead a young man who tried to rob his store has caused a storm of protest. Jerome Ersland was given a life sentence for the first-degree murder of 16-year-old Antwun Parker at an Oklahoma court last week.

The 59-year-old pharmacist shot the youngster six times during an attempted armed robbery in 2009, leading jurors to decide he had acted beyond the limits of self defence.

Thousands in the area have, however, reacted furiously to the decision, insisting Mr Ersland had simply acted to protect himself, his store and his customers. The debate has now moved online, with many joining groups in his support and ones that argue his punishment is deserved on Facebook.

The argument is similarly divided on social networking site Twitter, with thousands sending out messages of support for either Ersland or the justice system.

One group on Facebook, titled 'Jerome Ersland should not have been found guilty' has more than 2,500 members.

Others, such as the 'Jerome Ersland got what he deserved' group have also attracted much attention.

There have also been petition sites started which hope to send more than 5,000 signatories to the government following the controversial court case.

Support has also come from notable public figures, including Oklahoma State Senator Ralph Shortey. 'I'm gonna spend the rest of my career, however long it may be, trying to right this wrong,' he told ABC News.

Dramatic CCTV footage from May 19 2009 shows Antwun Parker and an accomplice running into the Reliable Discount Pharmacy in south Oklahoma City and pointing a gun directly at Mr Ersland. The pharmacist, who was once an Air Force lieutenant colonel, can then be seen reaching for a pistol of his own before firing at the two young men, with one of the shots hitting Parker to the ground.

After chasing the accomplice from the store, Ersland then gets a second gun before shooting Parker another five times, almost a minute after he fired the first gunshot.

In court, Mr Ersland's attorneys insisted their client had acted in self-defence. Defence lawyer Irven Box asked jurors to close their eyes and imagine what they would do if they were confronted with the same situation. 'He eliminated the armed robber,' Box said.

Box added to ABC News that the pharmacist had shot repeatedly because he saw Parker was still moving after the first hit so deemed him still to be a threat.

Assistant District Attorney Jennifer Chance, however, argued that: 'This defendant was absolutely not defending himself or anyone else.'

The jury responded after three and a half hours of deliberation by recommending a life sentence.

Ersland must now be sentenced by Oklahoma County District Judge Ray Elliott on July 11. If he upholds the jury's decision, Ersland will not be eligible for parole for at least 38 years. Ersland's lawyers said they would appeal the murder conviction.

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British School reprimands seven-year-old boys for playing 'army game'

They actually used their hands to represent a GUN!

A primary school has been condemned by parents for disciplining two seven-year-old boys after teachers ruled playing army games amounted to "threatening behaviour". Staff at Nathaniel Newton Infant School in Nuneaton, Warwickshire, reprimanded the two boys after they were seen making pistol shapes with their fingers.

Teachers broke up the imaginary classroom shoot-out and contacted the youngsters’ parents, warning them that such behaviour would not be tolerated. The school, which caters for around 180 pupils aged four to seven, said the gun gestures were “unacceptable” and were not permitted at school.

However, parents have described the reaction as “outrageous”, while family groups warned that “wrapping children in cotton wool” damages their upbringing.

Defending its policy, a spokesman for Nathaniel Newton Infant School said: “Far from stopping children from playing we actively encourage it. “However a judgement call has to be made if playing turns into unacceptable behaviour. "The issue here was about hand gestures being made in the shape of a gun towards members of staff which is understandably unacceptable, particularly in the classroom."

A father of one of the boys who was disciplined said: "It’s ridiculous. How can you tell a seven-year-old boy he cannot play guns and armies with his friends.

"Another parent was called for the same reason. We were told to reprimand our son for this and to tell him he cannot play 'guns' anymore. "The teacher said the boys should be reprimanded for threatening behaviour which would not be tolerated at the school.”

The community primary school was rated as “good” overall in an Ofsted report published last year, but warned that children oughtt to have greater freedom to play. The inspectors praised pupils’ behaviour as “outstanding”, telling them in a letter: “Your behaviour is excellent and you work very well together.” They added that they had asked teachers to “make it easier for the children to play and learn outside”.

Parenting groups condemned the school’s reaction to the children’s game of soldiers, warning that it risked causing a rift between the school and parents.

Margaret Morrissey, founder of the family lobby group Parents Outloud, said: “It is madness to try to indoctrinate children aged seven with political correctness in this way. “Children have played cowboys and Indians like this for generations and it does them absolutely no harm whatsoever. “In my experience, it is the children who are banned from playing innocent games like this who then go on to develop a fascination with guns.

“We cannot wrap our children in cotton wool. Allowing them to take a few risks and play games outside is an essential part of growing up. “By reprimanding these youngsters at this age, the school makes a very big issue out of something trivial, which will divide the parents and teachers.”

The case follows a string of similar incidents in which children’s playtime activities have been curbed by overzealous staff over health and safety concerns. Earlier this year, a Liverpool school banned youngsters from playing football with anything other than sponge balls amid fears youngsters might get hurt.

Research last month also found that one in six British schools had banned conkers over concerns of pupils being hit in the face. Other traditional playground games such as British bulldog and even leapfrog are prohibited at 30 per cent 10 per cent of schools respectively, a study by the Association of Teachers and Lecturers union found.

Marcus Jones, the Tory MP for Nuneaton, said: “It is quite apparent that the seven-year-olds would be playing an innocent game. "This is political correctness gone mad. When I was that age that type of game was common place and I don't remember anyone coming to any harm from it."

SOURCE

Gun Owners Have a Right to Privacy

If you own a gun in Illinois, take precautions. The state attorney general, Lisa Madigan, wants to release the names of gun owners in response to an Associated Press request. Publication of that list would tell the criminal class where the guns are, which could be useful to two different sorts of lawbreakers: gun thieves who want to know where the guns are and burglars who want to know where they are not.

New York City released its list recently at the New York Times’ request. It included “dozens of boldface names and public figures: prominent business leaders, elected officials, celebrities, journalists, judges and lawyers,” the Times reported. It then named names.

People who want the lists made public say the disclosure is necessary to ensure that government doesn’t issue permits to felons. They point to an AP report that gun permits were given to hundreds of felons in Florida, Tennessee, and Indiana. So because government is not competent enough to obey its own rules, the rest of us must have our privacy compromised?

I don’t buy it.

As Richard Pearson of the Illinois State Rifle Association says: “There is no legitimate reason for anyone to have access to the information. The safety of real people is at stake here. Once this information is released, it will be distributed to street gangs and gun-control groups, who will use the data to target gun owners for crime and harassment.”

Good point. One nice thing about concealed weapons is that even people who don’t carry guns are safer because the muggers can’t tell who is armed and who isn’t. Releasing the list of permit-holders undermines that benefit. It’s not unusual for a woman who has been threatened by an ex-husband or boyfriend to obtain a gun and a carry permit for self-protection. Why should the threatening male get to find out if the woman is armed?

The anti-gun lobby downplays this danger as though it were inconceivable that someone would get names off a list in order to commit violence. However, we know of cases where people named on sex-offender registries were murdered.

We also know that lawful gun owners in New Orleans had their guns confiscated by government authorities after Hurricane Katrina.

No one should be soothed by assurances that publication of those lists poses no threat to law-abiding gun owners.

The only reason that governments have lists of gun owners is that they require licenses or concealed-carry permits. The right to self-defense, and therefore the right to buy and carry a handgun (the most effective means of self-defense), should require no one’s permission. It is a natural right. The Second Amendment didn’t invent the right to own guns. It merely recognized it: “[T]he right of the people to keep and bear arms shall not be infringed.” It doesn’t say, “The people shall have the right to keep and bear arms.”

Unfortunately, the Supreme Court, while striking down outright bans on handguns, left room for permits. But it’s hard to see how that is consistent with the natural right of self-defense.

I leave aside whether a felon who has served his sentence should be deprived of the means of self-defense because there’s a more practical point: Gun laws have no effect on people who plan to break other, more serious laws. Guns are the tools of the criminal trade. If people in that business can’t get them legally, they’ll get them in the black market. And where there is prohibition, there has always been a black market.

The law of supply and demand is as reliable as the law of gravity.

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Kirkland pit bull incident probably a ‘good shoot’

The weekend shooting of an aggressive pit bull at a Kirkland park appears to fall well within the guidelines of self-defense under this state’s statutes, and the incident has ignited a furious debate about dangerous dogs.

The case, according to Alan Gottlieb, executive vice president of the Second Amendment Foundation in Bellevue, underscores why his organization fought to nullify Seattle’s illegal parks gun ban. The State Court of Appeals is now mulling that case. Joining SAF in that lawsuit were the Citizens Committee for the Right to Keep and Bear Arms, the National Rifle Association, Washington Arms Collectors, and five local residents.

The city lost the first round in King County Superior Court and appealed. Oral arguments before the State Court of Appeals were held in March.

KOMO News broke the story about the Kirkland incident, which occurred Saturday afternoon at Juanita Beach Park. The man who fired the shot, identified as Tim Lewis of Kirkland, drew his legally-concealed handgun and shot one of three pit bulls that had attacked Lewis’ German shepherd unprovoked. Kirkland police are investigating. A spokesman for the King County Prosecutor’s Office indicated that it is legal to shoot an attacking dog in defense of life or, in this case, property, that being Lewis’ pet.

One witness, Charles McLennan, told KOMO that “If (Lewis) didn’t have that gun, he would probably be dead.”

As Gottlieb observed, “There are many reasons why law-abiding citizens would want to be armed in a public park, and the Kirkland incident typifies one of the best. Aggressive dogs can launch an attack without warning. They could seriously injure an adult or child.”

The shooting has gotten the attention of Washington Open Carry advocates, who recall the Seattle lawsuit. It is also reminiscent of a case this column discussed about two months ago involving a retired Cincinnati police lieutenant now living in Indiana. He simply fired a shot to scare off a dog that had him by the leg., and he was prosecuted for it, and won in court.

More here

MI: Walgreens pharmacist fired after he scared away would-be armed robbers by shooting at them: "To many, Jeremy Hoven is a hero who was wrongly sacked. The pharmacist, 36, was working at a Walgreens late at night in Benton Township, Michigan, when two armed and masked robbers allegedly tried to pull a stick up. Mr Hoven told the Herald-Palladium that one of the alleged robbers jumped over the counter, just a few steps away from him, after leading a store manager at gunpoint. So the pharmacist reportedly drew his own gun and fired three to four shots in the vicinity of the intruders. The two men scrambled off, their alleged robbery foiled. Police say one may have been hit, though Mr Hoven said he didn't see any blood anywhere. The three other employees at the store at the time have praised Mr Hoven for his bravery and quick thinking. No customers were apparently in the building. Still, Walgreens fired Mr Hoven eight days after the incident. [Boycott Walgreens!]


Gun Law Expert Commends House on Memorial Day Self-Defense Vote: "Members of the U.S. House of Representatives deserve Americans' thanks and commendation for voting to support the right to self-defense of our service men and women," gun rights expert John M. Snyder said here today. The Mica Amendment would require the Secretary of Defense to ensure that the rules of engagement applicable to armed forces assigned to duty in a hostile fire area fully protect the service members' right to bear arms and authorizes the service members to fully defend themselves from hostile actions. "It is almost incredible that such a proposal even is necessary, but that is the sorry state of affairs to which our country has fallen under the Obama administration," said Snyder." Congressman Mica explained that he offered the amendment in response to pleas from armed forces personnel serving in combat zones around the world."

NC: Jury finds man not-guilty: "A Scotland County jury handed down a not-guilty verdict Friday in the 2009 shooting death of the man in a Laurinburg Piggy Wiggly. Police say Odum, a butcher, was working in the meat department of the Piggly Wiggly on East Church Street when McLean threatened to harm him. The dispute occurred over Odum’s ex-girlfriend, whom McLean was dating at the time of the shooting, according to authorities. The woman is also the mother of Odum’s two children. Authorites say McLean walked into the store on July 17, 2009 shouting for Odum. When McLean confronted Odum, the butcher drew out a handgun and shot McLean three times at close range, according to police. McLean died at the scene. After the shooting Odum walked to the police station and turned himself into authorities. Odum’s Attorney William H. Dowdy said that Odum shot McLean in self-defense. He told the jury that McLean had a reputation for being violent. “Aubrey was at his job and the man walked in threatening him and attacked him. Aubrey was defending himself,” he said."




NY: Man (above) who was shot by store owner is sent to prison for robbery attempt: "A Syracuse man shot while trying to rob the owner of a city convenience store was sentenced today to serve nine years in state prison. Rayshawn Johnson, 29, had nothing to say before state Supreme Court Justice John Brunetti imposed the penalty agreed to when Johnson pleaded guilty. Johnson admitted he was armed with a knife when he tried to rob Ruben Colon in the victim's Los Amigos convenience store at 204 W. Brighton Ave. Sept. 27. Authorities said that when Johnson threatened Colon with a large knife, Colon pulled a gun to defend himself. Johnson tried to wrestle the gun away from Colon and was shot in the side when the weapon went off during the struggle, officials said."

TX: Homeowner Kills Teen Burglary Suspect: "A Fort Worth teenager is dead after police said he tried to break into a house and was shot. The homeowner said shortly after he returned home from work he heard a noise at his back window. The man said he pulled back the blinds and saw a young man with a crow bar trying to pry the window open. “He was coming in the house. He scared me. I didn’t know what else to do,” he said. “I put the clip in the gun and I clicked it thinking that he heard all that.” But that didn’t work, he said. “When I raised the blinds he was still there, like he was still coming in. He was almost in then. I didn’t know what else to do,” the man said. “When I raised the blinds up I shot him.” Police believe that’s when 17-year-old Ernest Morris turned around and jumped over the fence. But he didn’t make it far. He died behind the house from a bullet wound to the chest. At this point the homeowner has not been arrested."


VA: Dog box thief guilty: "A Suffolk man shot in the head during a botched attempt to steal from a retired police officer pleaded guilty Thursday to charges stemming from that incident and another theft. Quamaine Lamar Lassiter, 20, pleaded guilty to attempted grand larceny of a dog box. Duck shot Lassiter in the head after he awoke in the middle of the night on Jan. 13 because his dogs were barking. He looked outside and saw Lassiter attempting to load the dog box from his yard onto a pickup truck. Duck retrieved a gun, opened a window and yelled at the man to move to the front of the truck. When Lassiter instead leaped into his truck as if to get a weapon, Duck fired several shots at the vehicle. A bullet hit Lassiter in the head and lodged under his skin but did not penetrate the skull. Duck was not charged in the incident, because it was ruled self-defense."

Range Protection Legislation Passes in the Texas Legislature: "Today SB 766 by Rep. Jason Isaac (R-Dripping Springs) passed the Texas House on Third Reading and is now headed to Governor Perry’s desk. TSRA sponsored Shooting Range Protection Act, SB 766, was authored in the Senate by Senator Craig Estes (R-Wichita Falls). His chief of staff, John Bennett and our volunteer legal consultant Charles Cotton wrote the language. In recent years, a disturbing trend has developed which serves to undermine safe and responsible gun ownership and use. Frivolous lawsuits are being filed against sport shooting ranges and their owners, often in an attempt to shut down a safe range so the land can be sold to developers. Lawsuits have been brought based on fraudulent claims alleging bullets leaving the range property often from many miles away."


Wisconsin moves closer to passing concealed carry law: "At least three bills are circulating in the Wisconsin Senate that will make gun rights advocates happy including the Wisconsin Concealed Carry Association, a 10-year-old lobbying group pushing for passage. State Senator Jim Holperin (D-Eagle River) says he will support the least restrictive or “constitutional carry” version of legislation which would allow Wisconsin citizens to carry a concealed handgun without training or a permit. “I favor the ‘constitutional carry’ or ‘shall issue’ version of concealed carry, but I’ve co-sponsored all three of the handgun bills that have been offered this session because this issue needs to advance and finally get signed into law,” he said. A “Shall-Issue” jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria laid out in the law"

ND: Jury acquits man who shot at a group who smashed a window of his trailer: "The men found Tallman at home, with his gun already out on the breakfast bar near the front door. "He anticipated Delzer and his friends going to his house," Dillon said. "He knew they were coming. He's waiting for them." Dillon said the men stood in the entryway, and by their own admissions "were talking smack" to Delzer. "The defendant, with that gun in hand, says, 'Leave,'" she said. "'Get out of here. Leave.' And they did. They left that entryway." Delzer admitted pounding on the trailer, then Sanderson broke the window. Even so, Dillon said, three witnesses testified that all the men were walking away when the shooting began. In addition, she said the deadly accuracy of Tallman's fire defies the idea that he was terrified at the time."


OH: Ohio poised to approve concealed carry law allowing guns in bars, restaurants and stadiums: "The Ohio legislature is on the verge of approving one of the country's most wide-reaching bills allowing concealed firearms in places that serve alcohol, including bars and stadiums. Lawmakers who support the measure argue that Ohio is merely catching up to 42 other states that already allow concealed carry permit holders to tote their firearms in booze-pouring establishments."

WA: 1 dead, 1 injured in garage burglary: "A homeowner shot two men who broke into his detached garage in Tacoma's South End early today, killing one and injuring the other. The homeowner and his wife heard noises at their home in the 3800 block of South D Street about 4:40 a.m., Fulghum said. Dogs were barking. The homeowner grabbed a handgun and went to investigate as his wife called 911, Fulghum said. The homeowner went into his detached garage, where he found the two burglars. The homeowner confronted the two and held them at gunpoint, Fulghum said. The homeowner told police that when the two men charged at him, he fired his gun, Fulghum said. One of the intruders ran off and died a short distance from the detached garage.Tacoma firefighters found the man in the alley behind the house when they arrived. The other intruder was wounded and stayed in the detached garage."


PA: Trailer invader shot, killed: "No charges will be filed for a deadly shooting of a man during a break-in of a mobile trailer in February. State police allege a masked Muntz kicked open the trailer’s front door and ran to the bedroom where he confronted Bowman’s boyfriend, Jeffrey Laton, 40. Muntz was armed with a firearm, state police allege, when he struggled with Laton on the bed. Bowman grabbed a loaded .40-caliber handgun, crawled into a closet and fired, missing Muntz. Muntz fired his weapon, hitting Bowman in the arm. Bowman fired a second round, hitting Muntz in the head, instantly killing him, according to the criminal complaint. “The investigation on behalf of the Pennsylvania State Police and the Luzerne County District Attorney’s Office clearly supports a case of self-defense,” Musto Carroll said in a prepared statement.


Kalifornians even hate air rifles: "If California anti-gun activists get their way, all air rifles sold in the state would have to be painted bright yellow, pink, blue or orange. This shouldn’t bother a grown man, but it bugs me — mainly because I own one of the more iconic BB guns ever created. When Daisy commemorated the 50th anniversary of the Daisy Red Ryder model, I jumped at the opportunity to buy one. In fact I bought two. I gave one to my nephew and kept the other to give to my son. A medical condition made it impossible to give the gun to my son, so I locked the Red Ryder away in my gun safe. It’s still there. It offends me that a perfectly wholesome kid’s toy — one that a wise parent could use to teach safety and responsibility in addition to marksmanship — could be so demonized by the Terribly Concerned that it gets saddled with a latter-day version of The Scarlet Letter."

Mystery: More guns = less crime: "The number of violent crimes in the United States dropped significantly last year, to what appeared to be the lowest in nearly 40 years, a development that was considered puzzling partly because it ran counter to the prevailing expectation that crime would increase during a recession. In all regions, the country appears to be safer. The odds of being killed or robbed are now less than half of what they were in the early 1990s, when U.S. violent crime peaked."

WA: Progressives cheer gun-toting neighbor who saved them from burglar: "A terrifying burglar has been preying on Seattle's hippest 'hood lately. This person (or persons) apparently has no fear of entering people's homes while they sleep and stealing their shit before they wake up. Fortunately, at least one Capitol Hill resident packs heat"


FL: Gun-toting neighbor foils trailer-park burglary: "A gun-toting neighbor foiled a burglary in a New Smyrna Beach trailer park on Saturday after he spotted people taking boxes out of a neighbor's trailer, then chased the burglars and detained them until police arrived. A man called the Volusia County sheriff's office at 5:54 p.m. Saturday, saying he'd spotted a break-in at the Eldorado Estates mobile home park. The witness told police that he and his adult son were chasing the suspects, who'd taken off in an SUV after they were spotted. The duo lost the getaway vehicle at one point, as it traveled along Taylor Road. But they quickly caught up with them and the suspects pulled over, police said. One of the suspects got of the vehicle and then walked toward the witness's car. That's when the witness got out of his car, pulled a pistol from his pocket and held it at his side for self defense, he said. Deputies arrived at the scene minutes later and reported that they found two televisions, a laptop computer, an X-Box game system, a screwdriver and a pair of rubber gloves in the suspects' vehicle."


CO: Fatal shooting appears to be self-defense: "Authorities are investigating what led to an apparent self-defense shooting that killed one man on Saturday night. Denver Police say officers were called to a shooting in the 5500 Block of Xanadu Street at 9:39 p.m. When they arrived, they found a 54-year-old man who had been shot. He was taken to a local hospital where he later died. According to homicide detectives, there was an argument between the man and the suspect, who both lived at the house, before the shooting. They say the suspect shot the man in self-defense. The suspect was arrested at the scene but has since been released."


KY: Shooting Victim Fights Back: "Two men are in a Lexington hospital after an armed robbery Sunday morning took an unexpected turn. Investigators say the alleged victim managed to grab the suspect's gun, then shot him. Officers were called to East Seventh Street near Chestnut around 2:15 am. They believe the suspect, Quantez Allen, tried to rob a man and shot the victim 3 times. But investigators say the victim managed to get the gun from Allen, then shot him twice. Allen and the alleged victim were taken to UK Hospital. No word on their condition."

FL: Watercraft thief shot: "According to Miami-Dade Police, a man walked onto the dock in the backyard of Davis' home and tried to steal a WaveRunner. The thief reportedly used an extension cord to operate a lift and lower the WaveRunner into the water. Police said either Davis' wife or his teenage son, who were the only people home at the time, confronted the thief and felt threatened by the crook. The robber said he had a gun, according to authorities, and someone in the home shot and killed the suspect. Miami-Dade Police Detective Roy Rutland said, "It does appear that he made some threat that he was armed, and it does appear that that was exactly when the person in the home, we don't know if it was the mother or this teenager, shot and killed him. Police are still unsure about who fatally shot the suspect: Davis' wife or his son. However, Florida's self-defense laws state that if a homeowner has a legitimate fear for his or her safety, he or she can use lethal force to protect life and property."


CO: Security guard shoots woman after stolen vehicle rams car: "A security guard approached a suspicious vehicle and asked for the driver and passenger's names. "He was trying to run their names when that vehicle rammed [his security vehicle]. He then got out of his vehicle and no longer had the protection of the vehicle when the car came after him again. That's when he opened fire," says Kelley. The Sheriff's Department says the guard shot into the back window several times, hitting the female passenger, 30-year-old Amber Rose Angers. Kelley says the guard held the male driver, 42-year-old Cameron Lundstorm at gunpoint until deputies arrived. "Based on what we are leaning, [the security guard] was in fear for his life. He was very frightened and thought that he was not going to be able to get away [from the car]. From what we believe, he was acting in self-defense," says Kelley."

NC: Armed business owner chases would-be robber away: "A business owner fought back Thursday when an armed man attempted to rob his nail salon. The owner of Kim Nails at 224 Stanford Road in Lincolnton didn’t just hand over the cash when a masked man brandishing a handgun demanded it. Rather, the man pulled out a gun and chased the robber out the door, firing several shots at the getaway car as the man fled, according to police. The would-be robber entered the business through the back door at 6:17 p.m. “He kicked through the back door. We heard a loud boom. He came in with his ski mask, a gun and a bag. Everybody was scared,” said T.T. Nguyen. Nguyen’s family owns the nail salon that has never experienced such a crime in its six years. The masked man put a gun to Nguyen’s brother and demanded money. But when Nguyen’s brother reached for a gun, the robber ran."


NJ: One robber shot; one flees: "Newark detectives on Friday were continuing their investigation into the attack on a retired Florham Park police officer, who was shot during a robbery and is recovering at University Hospital under police guard. Newark police have said they believe the former officer was targeted by assailants who laid in wait for him. The victim was carrying cash to fill an ATM at a bar on Elm Street when two males approached him, one from the front and one from the rear, police said. A shootout occurred, with the victim able to use his own handgun. One of the robbers was wounded in the leg. One suspect, who is still at large, fled on foot. The second, wounded suspect drove away and crashed his vehicle at Congress and Lafayette streets, police said. He was found in possession of several weapons and the unspecified cash proceeds of the robbery. He was brought to University Hospital for treatment of the gunshot wound, and has been charged with weapons offenses and robbery, Henderson said."


MT: No charges in fatal alley shooting: "A Billings woman involved in a fatal gunfight in a South Side alley last year will not be charged, according to Yellowstone County Attorney Scott Twito. In a letter this week to Billings Police Chief Rich St. John, Twito said an extensive investigation into the shooting death of 19-year-old Arthur Mario Santos Banda on Nov. 13 supports the claim of self-defense made by the 24-year-old woman. The woman, identified only by the initials S.M., told investigators that she was standing in the rear entry of her residence at 515 S. 35th St. when she fired a .45-caliber semi-automatic pistol numerous times at about 2:41 a.m. The woman said she “fearfully believed there were several individuals in the alleyway a short distance away coming at her armed with a weapon,” Twito said in the letter dated May 18. Banda and a 15-year-old boy were hit by the gunfire. Banda died at the scene of bullet wounds to the head, shoulder and stomach. The boy was struck in the knee. A .40-caliber semi-automatic rifle was found near Banda and the investigation determined that it had been fired six times in the woman’s direction."


California Gun Registry Bill Back Again: "Assembly Bill 809, introduced by Assemblyman Mike Feuer (D- Los Angeles), would require the state to keep registration information for all firearm transfers. Currently, California law requires persons who purchase or transfer a handgun to register the gun with the state. These gun owners are required to provide personal information that includes: name, address, place of birth, telephone number, and occupation. The law also requires gun owners to provide a detailed description of the handgun and the gun’s serial number. Under AB 809, the handgun registration requirements would apply to all firearms, including rifles and shotguns commonly used by sportsmen for hunting and recreational shooting. It’s expected that a vote on AB 809 could come as soon May 27th during a hearing before the Assembly Appropriations Committee."

S.C. man Shoots Blade-Wielding Assailant; Gets Charged: "Laurens County investigators say a man who shot an assailant who was threatening him with a lawn-mower blade is facing an attempted murder charge. According to an arrest warrant, Matthew Ferguson went to Billy Ernest Morris Jr.’s home, and the two men began to argue. Ferguson grabbed a lawn mower blade and threatened Morris with it, according to the warrant. Morris was holding Ferguson’s 2-year-old child at the time, the warrant said. Investigators said Morris retreated into the home, and Ferguson began to beat on the door with the lawn-mower blade while threatening to kill Morris. The warrant said “in a fit of rage,” Morris got a handgun and opened the door and fired two rounds, hitting Ferguson once in the arm. Morris’ brother, Paul Morris, said his brother should not have been charged with attempted murder because the shooting was self-defense. "In my opinion, if a man comes in your house or your yard and yells at you, starts screaming that they're going to kill you ... they should never arrest anybody for that," Paul Morris said.


WV: Two men indicted on murder charges: "Two men accused of causing the death of an innocent bystander killed during a July 20, 2008, shooting outside a local bar were indicted Wednesday by a Berkeley County grand jury on charges of felony murder, first-degree robbery and conspiracy to commit murder. Both Dale E. Knight, 24, whose mailing address is listed as P.O. Box 6129, Martinsburg, and 25-year-old Donzell W. White, of Winchester Avenue, Martinsburg, are alleged to have been involved in the armed robbery of 24-year-old Elan Bell-Veney, of Martinsburg, outside the former Orioles Club on Mid-Atlantic Parkway near Martinsburg. During the robbery, Bell-Veney pulled out his own gun and fired multiple shots in self-defense, hitting both White and Knight, as well as 37-year-old Kenneth Waybright, of Stephens City, Va., who was struck in the head by a stray bullet. Waybright, who wasn't involved in the altercation, was taken to City Hospital in Martinsburg, where he later died after being pronounced brain-dead"


CA: Two dead in botched home-invasion robbery: "A botched home-invasion robbery in Rialto ended with the death of one of the robbers and a resident of the home Wednesday night. A third man, another robbery suspect, was wounded in the shooting but is expected to survive, police said. The incident began at 8:45 p.m. in the 900 block of North Beechwood Avenue. Rialto police said at least three armed men entered a home and tried to rob the people inside. But the occupants grabbed firearms themselves, leading to a gun battle between the robbers and victims. Police arrived and found one of the robbers dead on the street outside the home. One of the victims, a resident of the home, also died at the scene. Another robber who was wounded in the shooting fled with at least three other men in a white van, police said. The driver eventually stopped in the 300 block of North Wisteria Avenue, where two men got out of the van and ran. The driver took off in the van again, leading police to Lancewood Avenue north of Second Street. He finally stopped and was arrested. He and the wounded passenger were arrested."


Canada: Woman sues police after home seized in gun search: "A woman who was barred from her home during a fruitless search for a missing gun is suing Waterloo Regional Police for $10,000. The lawsuit in small claims court stems from a high profile 2007 incident in which an undercover officer’s handgun was stolen near Kitchener-Waterloo Collegiate Institute. ... The teen’s lawyer, Brennan Smart, publicly accused police at the time of charging him without reliable evidence as a public relations ploy. Now the teen’s mother is seeking damages because she and her other three children were forced to stay with neighbours after police seized her rented townhouse for almost three days without a warrant."

Obama: “I’m working on gun control under the radar”: "According to the article, Jim and Sarah Brady visited Capital Hill on March 30, the 30th anniversary of the assassination attempt on Ronald Reagan; to push for a ban on "large magazines." The couple reportedly were meeting with press secretary, Jay Carney, when, according to Sarah Brady, the President came in. She said the President told her he wanted to talk about gun control and "fill us in that it was very much on his agenda." She went on to say Obama told her, "I just want you to know that we are working on it. We have to go through a few processes, but under the radar." The statement reinforces an article in the Huffington Post describing how the administration is exploring ways to bypass Congress and enact gun control through executive action. The Department of Justice reportedly is holding meetings discussing the White House's options for enacting regulations on its own or through adjoining agencies and departments."


Concealed carry "compromise" considered in Illinois actually abject surrender: "The problem, of course, is that in any jurisdiction in which the government frowns on armed private citizens, 'may issue' tends to become 'won't issue.' We've seen that in Hawaii, which is technically a 'may issue' state, but one in which it is universally understood to be absolutely impossible for an ordinary private citizen to obtain a permit."

Philadelphia Gestapo unrepentant: "Fiorino said he sat handcuffed in a police wagon while the officers made numerous phone calls to supervisors, trying to find out if they could lock him up. When they learned that they were in the wrong, they let him go. But only temporarily. Fiorino posted the audio recordings on youtube, and now they are harassing him again. A new investigation was launched, and last month the District Attorney's Office decided to charge Fiorino with reckless endangerment and disorderly conduct because, a spokeswoman said, he refused to cooperate with police... He's scheduled for trial in July. If one listens to the audiotapes, it's hard to imagine how a reasonable person could charge Fiorino (and not the cops) for disorderly conduct. [Update on story posted here on 16th]


CA: Federal judge ignores 2nd Amendment: "A federal judge ruled Monday there is no constitutional right to carry a hidden gun in public — a decision that dealt a setback to gun-rights advocates who had challenged how much discretion California law enforcement officials have in issuing concealed weapons permits. U.S. District Court Judge Morrison England Jr. in Sacramento supported a policy by Yolo County Sheriff Ed Prieto that says applicants must have a reason, such as a safety threat, to legally carry a concealed weapon in his county northwest of Sacramento."


IL: Concealed carry ban heads to court: "Two Illinois citizens, backed by a Washington-based pro-gun group, filed suit in federal court asking that the state's ban on both concealed carry and open carry of firearms be declared unconstitutional. Michael Moore, of Champaign, and Charles Hooks, farmer from Percy, have taken a play from the liberal playbook and are using the courts to get around opposition from the state legislature and Governor."


Mexicans take up arms in self-defense: "Five years into President Felipe Calderon’s war with the drug cartels, a growing number of Mexicans are tired of shopworn excuses from a government which appears to be incapable of protecting the public from murderers and kidnappers. Life in a country which is increasingly being recognized as a 'failed state' is leading more and more citizens to the realization that self-defense is the right and responsibility of every human being. That realization is leading to more and more Mexicans procuring firearms, often despite the Mexican regime’s harsh laws regulating their ownership."

TN: Police, prosecutors seek more prison time for gun offenses: "The gunman stormed the Mrs. Winner’s chicken restaurant on Lebanon Pike and forced employees to kneel down in a circle while he robbed the business. Police say that the gunman was Antwan Tyson, 26, and that cases like his illustrate just how easy and dangerous it is for felons to get guns in Tennessee. The problem is only getting worse, prompting a state group lobbying on behalf of Tennessee police and prosecutors to push new legislation that would stiffen the penalties for violent and drug felons caught with guns. Tyson had at least three felony convictions involving drugs, reckless endangerment and vandalism before the Mrs. Winner’s robbery, court records show. He faces charges of robbery and being a felon in possession of a firearm."


Concealed Carry Bill Aims to Protect Louisiana Students’ Right to Self-Defense: "In a legislative session filled with bills to heavily alter Louisiana’s higher education system, students of public universities and colleges may soon experience one more adjustment: concealed weapons on campus. HB 413, sponsored by Representative Ernest Wooton (I – Belle Chase), would allow licensed individuals to bring concealed firearms onto campuses of public universities, colleges, and post-secondary vocational schools. The bill was introduced to the House on April 25. The state’s 36,000 concealed handgun permit holders would have the same self-defense rights they possess elsewhere, with a few notable exceptions. Licensed firearm carriers would be required to inform school officials of their intent to carry on campus. In addition, residence halls and sporting venues would retain their “gun-free zone” statuses."


OH: Bill would allow concealed carry holders to have guns in businesses that serve liquor: "Ohioans with conceal carry permits would be allowed to take their hidden firearms into bars and restaurants that sell alcohol, as long as they're not partaking of those beverages, under legislation approved by the Ohio House May 11. House Bill 45 passed on a mostly party-line vote of 56-40 following more than two hours of debate and heads to the Ohio Senate for further consideration. Comparable legislation passed that chamber last month. Among other provisions, the legislation approved by the Ohio House May 11 would allow licensees to carry firearms into those establishments as long as they are not consuming or under the influence of drugs or alcohol. Businesses would still be allowed to post signs prohibiting firearms on their premises."

The Philadelphia Gestapo

Man who clashed with cops over legal gun was also armed with audio recorder

Excerpts from an audio recording Mark Fiorino made of his Feb. 13 encounter with Philly cops on Frankford Avenue near Placid Street:

Sgt. Michael Dougherty, approaching Fiorino, who had a gun holstered on his left hip: "Yo, Junior, what are you doing?"

Mark Fiorino: "Junior?"

MD: "Let me see your hands."

MF "Excuse me, why are you pointing your gun at me, officer? . . . Sir, you're threatneing me with lethal force."

MD: "No, I'm not threatening you."

MF: "You're pointing a weapon at me."

MD: "I don't know who you are; you've got a gun on you."

MF: "Would you like to see my license to carry firearms and my driver's license? . . . I'm going to hand you my license to carry firearms."

MD: "Keep your hand right where it's at. . . . I don't know who you are. Get down on your knees."

MF: "Excuse me?"

MD: "Get down on your knees. Just obey what I'm saying."

MF: "Sir, I'm more than happy to stand here -"

MD: "If you make a move, I'm going to f------ shoot you. I'm telling you right now: You make a move, and you're going down!"

MF: "Is this necessary?"

MD: "Yes it is. I don't know who you are, why you have a gun on you."

MF: "Because I carry a firearm for self-defense purposes."

MD: "Do you know you can't openly carry here in Philadelphia?"

MF: "Yes, you can, if you have a license to carry firearms. It's Directive 137. It's your own internal directive."

[About two minutes after the incident began to unfold, other officers responded to Dougherty's call for backup and arrived at the scene while Dougherty and Fiorino continued to exchange words.]

MD: "He's got a gun right on his left side."

Unidentified officer: "Get on the f------ ground!"

MF: "Excuse me, I'll get on the ground -"

UO: "Lay the f--- down! Lay the f--- down!"

MF: "All right! All right! This is not necessary, gentlemen -"

MD: "Everybody relax, relax."

MF: "Gentlemen, this is not necessary -"

UO: "Shut the f--- up! Shut your f------ mouth!"

The encounter lasted for more than 40 minutes before Fiorino was ultimately released.

The full audio recording, which is filled with graphic language, can be found here

Source






OH: Proposal allows firearms on Corps property: "When Congress voted to allow guns in Ohio's national parks in 2010, it did not include lands owned by the U.S. Army Corps of Engineers. U.S. Rep. Bob Gibbs, R-Lakeville, wants to make sure people otherwise allowed to carry firearms can take them into these properties as well. Gibbs' 18th District includes all or part of 14 counties in rural southeastern Ohio, including Coshocton, Muskingum, Ross and Licking counties. Gibbs introduced the Recreational Lands Self-Defense Act on Thursday. "The Recreational Lands Self-Defense Act is a bipartisan effort that seeks to correct this oversight and restore Second Amendment rights to law-abiding citizens while they are legally camping, hunting, and fishing on the 11.7 million acres of Army Corps recreational property,"

Minnesota House passes revised gun bill: "A bill expanding rights to use deadly force in self-defense situations cleared the Minnesota House on Saturday evening. The Republican-controlled House voted 79-50 for the bill, which would broaden what's considered a "dwelling" and reverses the burden of proof in cases of self-defense from the defender to the prosecution. Dwellings would include such places as vehicles, garages and temporary residences. Before the bill was heard, the chief sponsor, state Rep. Tony Cornish, R-Good Thunder, changed or dropped several elements, saying he had addressed numerous concerns stated by police. Cornish conceded people already have the right to defend themselves in their homes, but he said that standard is too limited. "We're trying to increase the rights to defend yourself," said Cornish, also a police chief."


Ohio Bill would allow concealed carry holders to have guns in businesses that serve liquor: "Ohioans with conceal carry permits would be allowed to take their hidden firearms into bars and restaurants that sell alcohol, as long as they're not partaking of those beverages, under legislation approved by the Ohio House May 11. House Bill 45 passed on a mostly party-line vote of 56-40 following more than two hours of debate and heads to the Ohio Senate for further consideration. Comparable legislation passed that chamber last month. Existing law prohibits concealed carry licensees from taking firearms into rooms or open-air arenas covered by type D liquor permits, including retail stores, restaurants, nightclubs, hotels, river boats, and shopping malls, according to an analysis compiled by the state's legislative service commission."


Missouri: Owner thwarts attempt to rob his pharmacy: "Columbia police still are searching for the man responsible for an attempted robbery yesterday at Flow’s Pharmacy. At 8 a.m. yesterday, a robbery attempt at the store, 1506 E. Broadway, Suite 118, was halted by owner Randy Flow and his pistol. The suspect entered the store displaying a 2- to 3-inch silver knife asking for drugs and approached the counter, but retreated toward the door when Flow approached him with a pistol. Flow followed the suspect until he exited the store. The suspect, who did not get away with any merchandise or cash, was described as a white male in his mid-20s, about 5 feet 9 inches tall and 175 pounds, in all-black clothing, police said. He was seen leaving in a cream or pearl-colored Lexus SUV."

LAPD flouts its legal obligations to gun applicants

A lawless law enforcement body

Through their joint Legal Action Project, the NRA and CRPA Foundation are sponsoring two new legal actions to enforce a 16-year old court Order against the City of LA over its concealed weapons permit (CCW) issuance policies.

Under Penal Code § 12050, et seq., the LAPD has an obligation to process applications for CCWs, and to issue CCWs if the applicant has “good cause.” For many years, the City and the LAPD had a policy of not making applications available, never finding good cause to exist, and effectively prohibiting the issuance of any CCWs.

Two lawsuits filed in the 1990′s were supposed to change that. But despite a binding settlement in those suits that resulted in LAPD being ordered by a court to implement new policies, the LAPD has abandoned these court ordered policies for handling citizens’ applications for CCWs, and has fallen back on its old habits.

The City’s unlawful refusal to properly process CCW applications was challenged in two lawsuits in 1992 and 1994. To settle the suits the LAPD agreed to implement a specific and transparent court ordered procedure to provide clarity and fairness for citizens applying for CCWs. The LAPD agreed that all citizens who request a CCW permit application would be provided a CCW application at any LAPD station house, that the application would be accompanied by a written copy of the LAPD’s procedure for handling the application, and the applicants would be informed of the procedures for appealing the denial of a CCW application. The settlement also resulted in the establishment of a Citizens Advisory Review Panel, made up of appointed citizens who would review CCW applications denied by the LAPD and make recommendations regarding whether the LAPD should reverse its denial of the CCW application.

A memorandum discussing the suits and their history is posted here.

The LAPD has repeatedly failed to honor its legal obligations under the settlements. The LAPD no longer makes CCW applications and a written copy of the CCW policy and appeal process available at all station houses. And the LAPD is ignoring the recommendations of the Citizens Advisory Review Panel and has instead enacted a de facto policy of again issuing no CCWs, despite whatever showing of good cause the applicants might make.

So in a city with almost 4 million citizens, with some 300 CCW applications being made per year, LAPD has only granted 24 active CCWs. Citizens who have had credible and ongoing threats made against them and their families, and those who carry large sums of cash as part of job and are high-profile robbery targets, have been repeatedly denied CCWs despite meeting the “good cause” criteria for receiving CCWs that the LAPD was forced to agree to years ago.

To rectify this situation, two new legal actions are being pursued. The first new court action is a motion to enforce the court’s old order in the 1994 case, Assenza v. City of Los Angeles. Some of the original plaintiffs from that case seek to force the LAPD to reinstate its agreed-to policy of providing applications and copies of its written policy at all LAPD station houses. In support of its motion, NRA grassroots activist citizens who were recruited to investigate the LAPD’s practices have submitted declarations about their recent attempts to get CCW applications. They were frustrated by uncooperative officers at individual station houses, all of whom had a complete lack of understanding of the LAPD’s application process, and who in almost all instances could not provide a CCW application to the requesting citizen, much less a copy of the LAPD’s written policy. Perhaps most egregiously, LAPD officers bluntly told citizens that unless they were celebrities, they shouldn’t even bother filling out the CCW application because they would be denied a CCW as a matter of LAPD policy.

The second action is a new lawsuit, Davis v. City of Los Angeles. The nine plaintiffs in this new action, some of whom have had CCW applications pending and unresolved with the LAPD for years, have submitted sworn declarations attesting to a litany of missteps and abuses by LAPD in its handling of their CCW applications. These abuses include not only the failures to provide applications and copies of the written policies at stationhouses, but refusals to timely consider their applications, failures to respond to inquiries regarding the status of applications, failures to acknowledge the availability of the Citizens Advisory Review Panel as a method of appealing denial, and the failure to give any weight to recommendations by the Citizens Advisory Review Panel.

Source






IL: 2 teens shot, charged with attempted robbery: "Two teens wounded outside a Concord Commons apartment late Thursday night face felony charges in connection with events that led to their shooting, police said. Orlando Marshall, 17, of 2021 W. 8th Ave., and Stephan Alexander, 19, of 4216 Jackson St., were stopped at 5th Avenue and Taft Street in a silver Chevrolet described by the man who said he was assaulted at the door of his apartment about 11 p.m. Kenneth Paige, 21, told police he heard someone knocking on his window about 11 p.m. and opened the building’s entrance door to the men he said he didn’t recognize. After hearing someone knock on his apartment door, Paige told police he thought something was wrong and grabbed his gun before opening the door. wo men beat him and pointed guns at him, then fled when Paige fired at both of them, Sgt. Williams Fazekas said. The teens face charges of criminal recklessness, attempted robbery and other felonies.

MN: Fearing for his life, beating victim fired shots: "Two days after firing at two men suspected in a recent string of violent south Minneapolis robberies, Edward Curtis, 61, wanted people to know he wasn't proud of what he'd done. But given the beating the men were giving him Tuesday night, he figured he had no choice but to use his handgun, he said. "I had to do what I had to do," he recalled Thursday. "I thought they were going to kill me. They didn't get a chance to." Curtis, blindsided outside his Pillsbury Avenue apartment building, was left with a broken nose and fractured right eye socket, he said. He said police have yet to find any evidence that Curtis' shots hit either of the suspects who fled Tuesday night. As for whether the shooting was justified, Fossum said: "We don't have any plans at all in having him charged with anything. In fact, he's more like a hero than a villain, that's for sure."




Police will not charge person in Virginia Beach shooting: "Shawn Ross [above] is dead and police say the person who shot him won't face any charges because it was self defense. Investigators say Ross seen in the previous mug shot had a gun and tried to break into a home on Rose Marie Avenue in the Aragona section of Virginia Beach. "He was climbing through the back window. The guy had a gun and the owner of the house had a gun and came out of the house and started shooting outside the door," says Jesse. Police say someone dropped Ross off at a fire station about four miles from where the shooting happened. Right now investigators are still trying to figure out why."


SAF challenges interstate handgun sales ban: "The Second Amendment Foundation today filed suit in U.S. District Court in Virginia challenging the constitutionality of federal and Virginia provisions barring handgun sales to non-residents. SAF is joined in the lawsuit by Michelle Lane, a District of Columbia resident who cannot legally purchase handguns because there are no retail firearms dealers inside the District."


Censorship of Gun Ads: "Today, the Goldwater Institute filed a legal challenge to the removal of a business advertisement from 50 Phoenix bus shelters in October 2010, claiming the city’s rules are so vague that they allow city officials to violate business owners’ right to free speech. The Phoenix Public Transit Department says posters for a website operated by TrainMeAz did not comply with city standards for advertising at bus shelters. But city officials cannot explain how the TrainMeAZ ads are substantially different than posters that appear on bus stops throughout the city for other businesses including jewelry stores, fast-food restaurants, and weekend gun shows, said Clint Bolick, the Goldwater Institute’s litigation director. “Phoenix’s officials can oversee the content of advertising on city property to prevent obscene material or truly inappropriate messages,” Mr. Bolick said. “But the city cannot dismiss ads based on a bureaucratic whim."

GA: Woman kills attacker in Gwinnett home: "Gwinnett police Cpl. Edwin Ritter told the AJC that the woman, who is in her early 50s, was getting out of the shower when the intruder, who she did not know, turned out the lights and attacked her. She fell back into the shower, injuring her back, and attempted to fight the man off with the shower rod, Ritter said. "She was telling him that she has money and please don’t hurt her," Ritter said. "He forced her into her bedroom," Ritter said. "Once inside the bedroom, she retrieved a .22-caliber pistol and shot him several times." Ritter characterized the attack as an attempted sexual assault. The suspect, who was in his 20s, ran outside the house and collapsed. He was taken to Gwinnett Medical Center, where he died. Wisecup said her neighbor is a "a nice lady, just a sweet lady.Thank God she's OK and she had a weapon to protect herself with." Ritter said the victim would not be charged in the incident."


Ohio House OKs concealed-carry in bars, eateries: "Both sides conceded that "alcohol and guns don't mix," but the Ohio House Wednesday voted to allow carrying hidden handguns into bars and alcohol-serving restaurants, nightclubs, and outdoor arenas. Republicans on this one were alone in pushing constitutional and self-defense arguments. They said the bill would bar permit holders from drinking at the establishments or being under the influence of alcohol when they got there. Democrats argued that the bill would add a dangerous element to what already could be a volatile situation. House Bill 54 passed 56-40 and goes to the GOP-controlled Senate, which has passed a similar bill."