Sunday, October 18, 2020

IL: 59-Year-Old Robbery Victim is Shot, Returns Fire

A man carrying a legally concealed handgun was robbed Wednesday night on the Far South Side, shot in the thigh and returned gunfire in the thieves' direction as they fled, Chicago police said.


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SC: Burglary Suspect Shot During Altercation with Homeowner

At the scene, authorities were told that one suspect was shot inside the house during an altercation with a homeowner.

The suspect, identified by a coroner as Dallas White, 21 of Summerville, was transported to an area hospital were he succumbed to his injuries.

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NC: Home Invasion, two Men Shot, Invaders Flee

The home invasion happened along the 900 block of Chalk Level Road. Police said three men “entered (the) premises and began shooting.”

Two men were shot. One returned fire, police said.


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DE: Disarm, Burglary Suspect Takes Handgun from 87-Year-Old, Flees

We’re told the incident happened just before 11 p.m., at a residence on Wheatleys Pond Road. It was reported that a suspect forced entry into the home and was confronted by the 87-year-old homeowner/victim. The victim reportedly had a handgun and extended towards the suspect, but the suspect was able to take the gun away from the victim before fleeing on foot in an unknown direction.


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Saturday, October 17, 2020

PA: Armed Victim uses Handgun to stop Carjack Robbery

The victim got out and began to fight with Frankenfield, police said. The suspect pulled away and now on the passenger side of the car, fired a shot that shattered a window in the 2002 Volkswagen Golf and the round became lodged in the window frame on that side of the car, police said. The victim then reached into the driver’s side of car and pulled out a weapon of his own, police said.

The victim chased Frankenfield through the parking lot and onto the sidewalk along Broad Street, police said. Frankenfield fired another shot that whizzed by the victim before the suspect ran out of sight, police said.


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ID: Rancher Neal Andrus Uses .45 to Stop Charging Wild Pig

At about dusk, the hog disappeared into some tall overgrowth along a canal and wasn’t an easy target for the deputy. When Andrus maneuvered around the hog to push it back to the deputy, it turned and charged Andrus from about 20 feet. Andrus shot and killed it.

“It wasn’t exactly my easiest moment in the world when it came at me,” he said. “Luckily I had my .45.”


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NC: Neighbor with Knife Shot while Attempting to Break into Home

Person County deputies said around 10:30 p.m. on Friday, a male neighbor was shot while attempting to break into a home along Rhododendron Lane.


Authorities said a man inside the home shot the neighbor two times in what appears to be self-defense.


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Followup AL: Brittany Smith Pleads Guilty to Murder of Man she says Raped Her

Brittany, a 32-year-old mother of four, was taken back to jail after pleading guilty in Jackson County Circuit Judge Jenifer Holt’s courtroom.

She pleaded guilty to killing Todd Smith, an acquaintance, in the kitchen of her home in Stevenson. It happened early on the morning of Jan. 16, 2018 — just hours after Brittany said Todd raped and strangled her.


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OK: Suspect Attempting Break-in Shot, Killed, by Homeowner

When officers arrived at the scene, they learned that one person had been shot at the home. That person was rushed to a nearby hospital, but later died from his injuries.

Investigators say the homeowner heard a commotion in the backyard and went to investigate. At that point, the homeowner spotted the alleged suspect trying to break into a separate apartment in the backyard.

Officials say the homeowner fired one round at the suspect, who was hit.


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Friday, October 16, 2020

80% Silencers, the Political Ramifications


In the first two parts of the series, I wrote of how we arrived at the current situation, historically, and what exists today, in terms of the technology and legal system, for individuals to make their own silencers utilizing the ATF Form 1.

Because of the tremendous bureaucratic and monetary infringements imposed by the National Firearms Act (NFA), very few form 1's (required to legally make your own silencer, short barreled rifle or shotgun) were processed as late as 1990.

In the year 1990, only thirty years ago, a total of 399 Form 1's were processed by the ATF.

In 2000, the annual number had more than tripled, to 1,334.

In 2010, the annual number had continued exponential growth to 5,169.

By 2013, it was almost doubled again, at 9,347.

In 2014, it had more than doubled again, to 22,380.

It took two more years, to 2016, to more than double again, to 49,985 Form 1s per year. That was the peak, so far. Record firearms sales in 2020 lead to the prediction over 50,000 Form 1's will be processed this year.  The figures for 2019 Form 1's have not been released at this time, but should be out soon.

About 120 times as many Form 1s are being processed each year, as were being processed 30 years ago. Entire forums on the Internet trade information on what works and what doesn't. Forums such as silencertalk.com are potent places for political organizing.

Analysis of the ATF figures show about 75% of the current Form 1s are for silencers.  Most of the rest are for short barrelled rifles (SBR). SBR Form 1s have probably dropped off as pistol arm braces gained popularity.

The vast increase in the number of legal silencers is altering the political and judicial landscapes.

Such visible numbers are a sign of political and judicial strength. Second Amendment supporters have every logical argument to repeal the National Firearms Act. They do not have the political support in Congress to do so...yet.

The inclusion of silencers in the NFA may be the worst public health blunder made by the Federal Government. Tens of millions have been adversely affected. 

Two million legal silencers are merely the start. There are about 100 million firearms owners who could benefit from owning inexpensive and effective silencers in the United States. Market saturation of silencers in the United States might top out in the area of 200 million.

 Different silencer models meet different needs. The perfect silencer for your .22 rifle or pistol will not be the same as for your deer rifle, home defense gun, long range target gun, or sporting shotgun. There are over 450 million privately owned guns in the United States.

Growing knowledge and awareness of the political injustice of the National Firearms Act is creating political power.  Numbers and knowledge combined make political power.

More and more gun owners have educated themselves and learned how ignorant of, and hostile to, many politicians are of fundamental Constitutional rights.

The good news? Many of those politicians can be educated.

Incremental movement to restore Second Amendment rights has been working for the carry of firearms (the "bear arms" part of the Second Amendment). It is working to soften and remove infringements on the "keep" part as it relates to silencers and size restrictions.

Consider a recent appellate court case in Florida.

A man was arrested for carrying a handgun concealed, without a permit, when an officer saw the grip of the handgun inadvertently exposed in a pocket. The officer did not have any other reason to stop or arrest the individual, except for the sight of the handgun grip.

The court ruled against the police, because concealed carry has become so common in Florida, the police had no  reasonable suspicion a crime had been committed, merely by observing someone was carrying a concealed weapon.

It is no longer unusual to see someone firing a silencer on the range. It is legal to hunt with a silencer in 40 states. Todd Rathner of the National Firearms Act Freedom Alliance was instrumental in lobbying to remove legal burdens to hunt with firearms in several states.

Full Disclosure: I have known Todd Rathner for many years, and consider him a personal friend. He is a talented and extremely effective lobbyist.  He has had enormous success in removing infringements on the ownership and carry of knives.

Only eight states now forbid silencer ownership. Silencers are becoming very popular in the 42 states where state law doesn't infringe on your right to keep and bear the common firearm accessory. 

Those states are shown on this map from the American Suppressor Association:

The states that infringe on your Second Amendment rights to own a silencer, are also the states that infringe on your Second Amendment rights to bear arms.

Those states are: California, Hawaii, Illinois, Massachusetts, Rhode Island, New Jersey, New York, and Delaware. Maryland does not forbid the ownership of silencers, and Illinois was forced to create a shall issue concealed carry permit by court decision.

The intermediate goals to remove the NFA infringements on fundamental rights are:

Remove silencers from the NFA jurisdiction, and regulate them the same as rifles and shotguns.  This simple reform would cause the current increase in legal silencers to appear as a minor uptick. The number of legal silencers would skyrocket into the tens of millions, making them as politically difficult to oppose as firearms, and making it likely they would be accepted as worthy of Constitutional protection by the Supreme Court.

Remove short barreled rifles and shotguns from the NFA, and regulate them the same as pistols. The effects would be similar to those for silencers.

Incremental steps to reach the above intermediate goals could include anything to ease the burdens of obtaining legal ownership, such as:

  • Reduce or removed the cost of the tax stamp
  • Remove the requirement for fingerprints
  • Remove the requirement for a photograph
  • Make a National Instant Background Check sufficient to comply with the NFA. 
Incremental steps include reforming the draconian penalties for failure to pay a $200 tax. First offense should be a civil penalty, at most a misdemeanor.

Finally: Repeal the NFA.

In this article, we are considering silencers.

We are close to the point where there will be no reasonable suspicion for a law enforcement officer to demand a person prove the silencer he is using is legal, in most states. The assumption will be they are legal.

Once there are enough silencers in use, they will fall under the logic explained in the Florida example about concealed carry. They will be common enough, an officer will need more than mere possession of a silencer, to search, detain, or demand evidence of state permission. There is considerable precedence for this. Officers may not demand a drivers license, simply because you were driving a vehicle.

Second Amendment supporters are often looking for ways to effectively restore Second Amendment rights. It is not an easy task. Those who wish for a disarmed population have been eating away at Second Amendment rights for almost two hundred years.  Second Amendment supporters have had the most success in restoring their rights by incrementally, both judicially and legislatively, removing the infringements which have been enacted into law.

Purchasing or legally making a firearms silencer is one of the most effective steps a Second Amendment support can take to undermine the National Firearms Act and incrementally restore Second Amendment rights. Second Amendment supporters are well on the way to removing the NFA through an unusual tool: Overwhelming compliance.

Making a legal silencer from an 80% kit is the cheapest and most convenient method to overwhelm the system with compliance.

There is no time limit on completing a Form 1 build.  Once you have the Form 1, you can take your time in making your first silencer.  .22 rimfire silencers are the easiest to build.

When I was in Panama, a friend showed me how to make an effective .22 silencer in 30 minutes, from scrap.  It worked well with a single shot rifle.


The intersection of Second, First, and Fourth Amendment rights, along with the factors that have degraded the bureaucratic and monetary barriers to legal firearms ownership, have produced a superb opportunity for incremental restoration of Second Amendment rights.

In the vast majority of states, once silencers become common enough so they do not draw immediate attention at the range or in the field, we have the ingredients for victory.

At that point, a law enforcement officer will not have reasonable suspicion to inspect a silencer and to demand information to prove the silencer is legal and registered. Such demands would violate the First and Fourth Amendments.

An important part of this structure is a practice I have seen on a number of Youtube videos. The manufacturer information and serial number of the silencer pictured is covered. The information is there; it is simply not available to casual inspection or to the public. Removal of the cover is a search, requiring probable cause or a warrant.  Do not grant permission for law enforcement to remove the cover.

Do not allow the public to see the manufacturing data or serial number on your silencer.

Allowing public perusal of such information is a serious breach of information security. It would not be good for your information to appear on another silencer, somewhere else, which might be involved in a crime. As silencers are so easy to make, it would be easy for the information to be placed on other silencers.

Reveal it only when legally required to do so. The completion of a Form 1 or a Form 4 with the ATF grants ATF agents the authority to require the tax stamp be produced upon demand. Keep a copy of the tax stamp available. Keep the original locked up in a safe place. A laminated copy of the tax stamp should be kept with the silencer at all times.

You do not need to allow ATF agents into your domicile to produce a tax stamp. They can wait outside while you produce the stamp, or you could keep a small copy in your wallet. I have not heard of ATF agents showing up at a residence to demand a tax stamp. Such demands are very rare, if they occur at all.

Another bit of activism would be to install and keep muzzle devices on as many of your firearms as is reasonably practical.

This helps normalize muzzle devices on firearms in the eyes of the public. This is a valid reason for fake suppressors.

There should be no reason for an ordinary law enforcement officer to ask for legal documentation for a silencer, unless they have reasonable suspicion to tie it to a crime other than mere possession.

When you purchase and/or make a legal silencer and use it in public settings, it helps to normalize the ownership and use of silencers.

Work with local groups to invite politicians and the media to "Suppressor days at the range", where they can be educated about the benefits of silencers, the reality of silencers, they type of people who have and use silencers, and the ignorant stupidity of current silencer law.

Encourage manufacturers to produce most new firearms threaded at the muzzle for accessories, including silencers.

Such preparation at the factory is inexpensive, probably less than a dollar additional cost per firearm. This action is in process.

Firearms which are threaded at the muzzle are a substantial share of the market. The trend should be encouraged. It is difficult to see a disadvantage to most firearms (except, possibly, revolvers) having threaded muzzles.  Shotgun choke tubes, for example, are already common.

Familiarize yourself with local and state laws, to prevent entanglement with local authorities.  Some states make silencer possession illegal, unless the silencer is possessed in compliance with Federal law. In such cases, you may need to show the tax stamp to state and local enforcement officers.


Work with local groups to remove local legal barriers to silencer ownership and use.

It is extremely rare for officials to ask for tax stamps when silencers are being used in public settings. According to a perusal of online forums, the consensus is: use in a public setting carries with it the assumption the silencer is legal.

A tax stamp may be asked for when a silencer is discovered as part of an independent investigation, such as discovered during a traffic stop.  A way to avoid this is to keep silencers in locked containers when traveling.  Many lawyers recommend you never give consent for a search.

Most people give consent, almost automatically. It is a bad idea. If an officer asks: "Do you mind if I look around?" alarm bells should be going off in your head. The officer is asking permission to search. Practice politely saying: Officer, I do not give consent to a search.

I have been repeatedly told by officers that most people talk themselves into being arrested. Don't make that mistake. Do not talk to the police, if you are subject to any kind of investigation. A traffic stop is an investigation.

Your First and Fourth Amendment rights help to protect your Second Amendment rights.

While merely anecdotal, I have heard of numerous incidents where local law enforcement officers have contacted the ATF about mere possession of silencers, short barreled rifles, or short barreled shotguns, only to be told the ATF is not interested unless there is another crime involved.

This is anecdotal. It indicates enforcement of mere possession of silencers may not be a high priority for the ATF.

At AmmoLand, we would like to hear personal stories of enforcement of silencer laws, both at state and federal levels. The response may give an indication of how often such prosecutions occur. There is no national database on these prosecutions. It appears they are very rare.

The data we have indicates silencers are seldom used in criminal acts. 

Second Amendment supporters can look forward to the day when National Firearms Act tax stamps are curious relics of a bygone age, as are bills of sale for slaves.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TX: Neighbor Shot, Killed Escaped Dog

Miles said he was justified in killing the dog because he feared for his safety when it got on his property. The dog's owner doesn't agree with what he's saying.

“He could have stayed in his camper, but he came out to shoot that dog because he wanted to,” Candace Harms said.

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OH: Gunfight in Convenience Store, 1 Suspect Killed

COLUMBUS, Ohio (AP) — Police say the clerk of an Ohio convenience store shot and killed one of two suspects during an attempted robbery, and the other suspect and a woman who was in the store were arrested later.

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TX: Father and Son Escape Bonds, Fight Home Invaders

The son, whose age wasn’t provided, began to fight with one of the intruders, prompting the other man to shoot him in the abdomen and right arm, the Tarrant County Sheriff’s Office said in a news release on Wednesday morning. The father then shot at the men as they ran away.


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Thursday, October 15, 2020

AR15 style Rifle in 6.8 SPC used in Self Defense Against Black Bear, Galena, Nevada


Image screenshot of video from wfla.com, by Keith Parker 1 September, 2020 Lake Tahoe, CA. Cropped and scaled by Dean Weingarten   Large black bear entering convenience store.  Not a picture of the bear which was shot.

The above picture was taken about 25-30 miles from where the black bear was shot by the homeowner in Galena, Nevada, a bit South of Reno. That is an easy days travel distance for a bear.

On June 19, at about 2:30 a.m., a homeowner in Galena, Nevada, just south of Reno, head noises as if someone were attempting to break into his house. He exited the house with an AR15 style rifle chambered in 6.8 SPC. 

A large black bear challenged him and started coming toward him. He shot the bear once, then as the bear appeared to be suffering, shot it again. After an extended investigation, the Nevada Department of Wildllife, NDOW reported no charges would be filed, as the shooting appeared to be self defense. From thisisreno.com:

NDOW officers did find a bear print on the man’s garage door and were later able to get him to speak in greater detail about the incident, though their reports note that the man appeared to still be visibly shaken by it. He explained to the officers that he got about 7 yards down the sidewalk leading to his door when he saw the bear, which he said began making huffing and puffing sounds, a “typical bear stress vocalization behavior as a warning for others to back off,” according to NDOW officers. 

When the bear approached the man at a closer distance, he fired one round from his Bushmaster 6.8 SPC AR-15 rifle, striking the bear in the neck. The man said the bear then rolled around on the ground before getting up and heading south toward one of his neighbor’s property. He said he shot it a second time–striking it in the back–in an attempt to stop the animal, which was making “whimpering” noises, from suffering.

The picture shown is not a picture of the bear which was shot in Galena. It is a picture of a human - bear conflict in Lake Tahoe, Callifornia.  It illustrates the area is home to a number of bears, some of which have become accustomed to obtaining food from human structures. There are ongoing problems between people and bears in and around Lake Tahoe.

Most news media is poor at identifying firearms models and calibers. Stories of defensive uses of semi-automatic rifles are important to document. They counter claims such rifles are useless or inappropriate for self defense. 

The opposite is true. The rifles have been designed for ergonomic use by a wide range of people with different body types. Calibers are generally easy to control. Magazine capacity reduces the risk of having to reload in a self defense situation.

Bear populations are on the rise. Because bears have been given significant legal protections, they are more likely to be unafraid of humans. Combined with increasing human populations, this results in increasing bear/human conflicts.

Bears which are unafraid of humans and which have associated food with humans are dangerous. Feeding bears is bad for both the bears and people. The common wisdom has been reduced to an aphroism: "A fed bear is a dead bear".


©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch
 


MI: Jewelry Store Owner is Stabbed in Head, Shoots Suspect Four Times

A jewelry store owner got attacked in an attempted robbery, being stabbed in the head - but shot the suspect four times.

Both men are still alive after the incident which happened at Naya's Jewelry on Joseph Campau Friday afternoon.


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NE: Brother Shoots Rotweiller who Injured 8-Year-Old Sister

Investigators showed up to the home and found the girl outside with injuries to her arm.

The Nebraska Humane Society called the situation an "attack" and said the girl didn't have room to retreat when the dog ran at her.

That's when investigators believe a family member of the 8-year-old girl shot the dog. Omaha police say the man had a concealed carry permit.

Steve Glandt, Vice President of field operations for Nebraska Humane Society, says the gun owner was looking out for the girl.

"Apparently, she was in a place where she couldn't retreat because of barriers, and her brother chose to fire the gun and protect his sister," he said.


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KY: Shooting of Man who Pointed Rifle at Occupants of Vehicle Ruled Justified

Kenton County Commonwealth's Attorney Rob Sanders says the fatal shooting Friday, Oct. 9 on I-75 in Fort Wright was justified and his office is not pursuing charges.

Joshua G. Taylor, 43, of Cincinnati, called 911 at 1:22 p.m. to report he had been involved in a crash with another vehicle in what he described as a road rage incident, according to a release Monday from Sanders' office.

An image taken by a bystander released by Sanders' office appears to show a man pointing a rifle into the passenger-side window of a red car.

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Wednesday, October 14, 2020

KY: Tinder "Date" Set up for Assault, Victim Shoots his Way Free

Browning told police that he met Wayman through the Tinder dating app and that she invited him over to the Bell Court address.

“Shortly after he arrived, two other individuals knocked at the door,” Valenti said on Tuesday.

“Ms. Wayman let them in and they proceeded to assault Mr. Browning. Mr. Browning produced a handgun and fired at both individuals as he left the residence and contacted 911 to advise them of what had happened.”

Valenti said Wayman told detectives that she had invited two people into her residence in an attempt to extort money from Browning.

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Tuesday, October 13, 2020

CO: 23 July 2020, Rifle Defense Against Black Bear in Cabin

He said the first time they saw the bear was on the night of July 23, he’d been nosing around the trash can outside the cabin. As a precaution, Williams put his Uberti 1866 Yellowboy carbine rifle by the bed.

Then at 3 a.m. they were awakened by a thundering crash as the bear came through one of the cabin windows.

“It sounded like an explosion when he slammed the window open,” said Williams. “I grabbed the Yellowboy and walked to the opening from the bedroom to the living room. We don’t have a door to separate the rooms. With the front porch light coming through the windows, I could see the bear on the couch, just 42 inches from me. I cranked off the first round and hit him. He jumped down from the couch and stood up in front of me about three feet away. I shot him twice more and he fell back to the other side of the room.”

 

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FL: Burglary Suspect in Jacksonville Beach Shot by Business Owner

The Jacksonville Beach Police Department says officers were called to 314 14th Ave. N. for a burglary in progress at 2:28 a.m. When officers arrived, they discovered the business owner had shot the suspect who was described as a 30-year-old man about 5 feet 11 inches tall, weighing 210 pounds.

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