Jamar Rogers was killed after he was shot on Wednesday, Aug. 24 at around 1:07 a.m. in the Hillsdale Community Center on 558 Felhorn Rd. East.
According to the release Wednesday, officials believe Rogers “may have acted in self-defense during the incident.” The case will be presented to a grand jury.
On August 19, 2022, the Ninth Circuit Court of Appeals summarily remanded the Young v. Hawaii case back to the District court for a re-hearing, after the Supreme Court granted cert, vacated the previous Ninth Circuit decision, and remanded the case back to the Ninth Circuit for a re-hearing.
In 2011, George Young applied twice to obtain a permit to carry a firearm for self defense, outside his home in Hawaii, either openly or concealed. Both his applications were denied by the Chief of Police, Harry Kubojiri, who cited Hawaii law.
Young filed a lawsuit claiming his Constitutional right to keep and bear arms was violated.
Young lost at the District Court level. He appealed to the Ninth Circuit.
The three judge panel at the Ninth Circuit held for Young.
The Ninth Circuit agreed to hear the case en banc.
The en banc panel held against Young.
The case made it all the way to the Supreme Court.
The court had not heard the case when they released the NYSR&PA v Bruen decision this year. Shortly after the Bruen decision, the Supreme Court granted a writ of certiorari to Young and three other cases, vacated all four, and remanded them back down to the appellate level to be re-heard at the various appellate courts.
In the case of Young, it was and is the Ninth Circuit Court of Appeals.
At that point, it would have appeared Young had finally won his decade long court fight to be granted a permit to carry in order to exercise his Second Amendment rights.
As those who have observed this fight, and commented on it over the years, have noted, the Ninth Circuit is actively hostile to the exercise of Second Amendment rights. It is not an exaggeration to say the Ninth Circuit actively dislikes the concept of a right to keep and bear arms.
Instead of telling Hawaii to follow the standards put forth in Bruen, the Court remanded Young back to the District court, essentially telling George Young to start all over from ten years ago, albeit, with a new understanding from the Bruen decision.
A strong dissent, written by Judge O'Scannlain, and joined with Judges Callahan, Ikuta, and R. Nelson against the seven member majority of the eleven member en banc panel of the Ninth Circuit, points out the needless delay created by this manuever. From the dissent, p. 12:
Today we shy away from our obligations to answer the straightforward legal questions presented on appeal and to provide guidance to the lower courts in our Circuit. And in doing so, we waste judicial resources by sending the parties back to square one at the district court. The parties have waited a decade to resolve this litigation, and Young has waited over ten years to exercise his constitutional right to carry a handgun in public for self-defense. Because we opt not to decide this simple case, we force Young to wait even longer.
A cynical observer, such as this correspondent, might consider delay the point of the maneuver. A delay is, essentially a partial win for those who have no desire to follow the Constitution or the rule of law. Those in power in Hawaii are able to continue to violate the rights of its citizens for, at least, a few more months.
Analysis:
Who knows what might happen? The Democrats may be able to keep control of the House and the Senate in the mid-term elections, thereby putting the possibility of packing the Supreme Court back into play.
A Democrat packed Supreme Court would certainly reverse Bruen, Cateano, McDonald, and Heller. Then the Ninth Circuit would be able to return to its fable the Second Amendment was never about individual rights.
The United States might lose a hot war with China, as we appear to be losing the undeclared by obvious economic and information wars with China. Most of our "ruling class" already appears to have been "captured" economically and ideologically by the Chinese Communist Party.
The Ninth Circuit might find the new government more closely aligned with the Ninth Circuit's views on the Constitution, if it is allowed to exist.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
“Nervous. Anxiety. We don’t know anything right now. We are just all over the place right now,” Dunn said at the scene.
Thursday night, Dunn’s sister, Angela, told CBS46 her nephew was eating lunch outside the warehouse when a man pulled up and fired shots towards employees. She says that’s when he pulled out a gun and fired back in self-defense.
A Florida mail carrier who was hospitalized in critical condition after being mauled by a pack of dogs has died from her injuries.
Pamela Jane Rock, 61, who was a mail carrier for the U.S. Postal Service, was attacked by five dogs after her truck broke down on a North Florida road on Sunday afternoon.
Putnam County Sheriff’s deputies found the woman on the ground when they arrived at the scene in Interlachen Lake Estates on Sunday afternoon, sheriff’s officials said in a Facebook post. They also found the dogs inside a fence at a nearby home.
A nearby resident told deputies they heard the woman screaming for help and saw five dogs attacking her. Several neighbors tried pulling the dogs off the woman and one shot a gun into the air to scare the dogs away, the report said.
A robbery suspect was shot and killed in the early hours of Friday morning at an apartment complex in San Antonio after pulling a gun on the would-be victim, according to local media reports.
A man was returning to his apartment around 3:30 a.m. when three males jumped out a car in the parking lot and tried to rob him, Fox affiliate KABB reports. The victim refused to hand anything over and pulled out his own gun, then shot one of the suspects in the neck, according to the local news outlet.
A man with a concealed carry license shot and wounded an armed carjacker during an exchange of gunfire in North Austin on the West Side early Monday.
The man was in his car in the 5500 block of West Crystal Street when the carjacker fired at him around 1:25 a.m., Chicago police said.
The man returned fire and hit the carjacker in the chest, police said. He was taken to Loyola University Medical Center in critical condition. His gun was recovered at the scene.
ONTARIO — An intruder who was shot during a home invasion on Saturday is expected to survive, although he was transported to a local hospital for emergent care following the incident. If he is released from the hospital, Terry Lee Martz, 67, will be taken into custody by law enforcement.
However, it will be Idaho law enforcement, as Martz has active felony warrants out of Idaho. Idaho Department of Corrections had Martz listed on its most wanted list since October of 2020. He was listed as a fugitive with a parole violation for kidnapping/rape/sexual abuse of a minor. According to that information, he had absconded from parole and failed to register as a sex offender.
WINNEMUCCA, Nev. (KOLO) -A teenager is dead following a shooting early Sunday in Winnemucca. Police said it appears to be self-defense.
The Winnemucca Police Department did not immediately release the names of those involved.
Police said they responded Sunday at about 12:26 a.m. to the Maverik at 605 W. Haskell St. on reports of shots being fired.
They arrived to find a 16-year-old boy had been shot by a 19-year-old male. The 16-year-old was taken to Humboldt General Hospital where he died from his injuries.
Toussel Kuhn, 48, allegedly shot the security guard multiple times around 10 p.m. before being wounded by a bystander and fleeing the scene. He was later arrested after crashing his car in Glenn Heights, which is just south of DeSoto.
Police responded to the Brickhouse Lounge where the shooting took place and found 47-year-old Derek Phillips, the security guard, suffering from gunshot wounds. He was taken to a local hospital where he was pronounced dead.
LAGRANGE, Ga. (WRBL) – LaGrange police say a female was able to free herself after being physically assaulted by her husband and shot him in self defense.
On Friday, August 19, 2022, around 9:40 p.m. officers from the LaGrange Police Department responded to a call regarding a person being shot at 106 Loch CourtA homeowner shot and killed a man who allegedly tried to stab him outside his home in the Lincoln Heights neighborhood of Los Angeles late Friday, police said.
Officers responded to the area of E. Avenue 28 around 9:40 p.m. on a report of “shots fired” during a home invasion.
ASHEVILLE, N.C. (WLOS) — The Buncombe County District Attorney's office says a woman has been acquitted of first-degree murder in a 2021 shooting incident.
Amya Collington claimed the shooting was in self-defense.
The eight-day trial is the second first-degree murder jury trial originating in public housing in Asheville over the past month, District Attorney Todd Williams said in a press release, adding that both defendants claimed self defense and both shootings were captured on camera.
The Supreme Court decision in Bruen sets an appropriate standard for evaluating laws which violate a fundamental, enumerated right protected by the Constitution in the Second Amendment. When there is a challenge to a federal or state rule, law, or regulation claiming such rule, law, or regulation violates the Second Amendment, the court is to evaluate the law based on historical tradition of firearms regulation. It is up to the State to prove the longstanding history and cultural acceptance of such laws, rule, and regulations. If the State cannot prove such history and acceptance, the laws, rules, or regulations as of the date of ratification in 1791, or possibly, the date of ratification of the Fourteenth Amendment in 1868, are invalid under the Second Amendment.
One of the first legal challenges submitted to a court, relying on the Bruen decision, was from the defense representing CRS Firearms in what is commonly known as the Autokeycard case.
The new brief filed by Hoover’s legal team is a motion to dismiss the case and declare the National Firearms Act or NFA unconstitutional.
The brief relies on the recent Supreme Court decision in the New York State Pistol and Rifle Association v. Bruen. The main focus in Bruen was the right of an individual to carry a firearm outside the home for self-defense, but in addition to confirming that right, SCOTUS also ruled that the two-step process that courts have been using in Second Amendment cases was also unconstitutional.
This correspondent initially considered the motion to be a "hail Mary" type long shot. After reading the motion, it is a well reasoned and crafted brief which gives the court several options to dismiss the case. From the motion to dismiss:
Defendant is charged under 18 U.S.C. 5861 and 5871, as well as conspiracy to commit those offenses. The charged statutes deal with the taxation and transfer of machineguns, and other weapons. The Government alleges the tchotchkes at issue —the “auto key cards”— to be machineguns. What’s more, actions subsequent to the passage of the charged firearm statutes render it impossible to comply with the taxing provisions, thus leaving the statutes a bizarre, vestigial area of law passed pursuant to the taxing power which — in dubious constitutionality — is used by the Government as an independent effective prohibition on the sale, transfer, or possession of any controlled devices not registered by 1986.
The brief to dismiss hands the Court several theories to dismiss the charges against CRS Firearms. Each one is an incremental step toward dismantling the egregiously unconstitutional, and irrational body of regulatory law which has been erected on a fragile foundation of the federal authority to tax.
The motion shows the regulatory change declaring the autokeycard a machinegun is very recent. It was created by regulatory fiat. It is not supported by any cultural history.
[caption id="attachment_472635" align="alignnone" width="600"]
Autokeycard.com Seized By the ATF, Owner Arrested For Selling A Drawing[/caption]
The motion shows the 1986 ban on the collection of taxes from the purchase of machineguns made after 1986 was ahistorical and unprecedented. The motion shows the 1986 law made it impossible for people to conform with the requirements of the 1934 National Firearms Act.
The motion shows the 1934 NFA was of dubious constitutionality because it depends on the taxing authority, deliberately crafted to undermine Second Amendment protections.
If the court decides to dismiss the case, it could do so under several theories:
1. It could declare the regulatory decision to declare the Autokeycard a machine gun to be an invalid expansion of regulatory power, violating the First Amendment and the Second Amendment;
2. It could declare the 1986 ban on the purchase of machine guns, due to the inability of the ATF to collect taxes from the sale of machine guns under the National Firearms Act to be ahistorical and invalid under the Second Amendment.
3. It could declare the 1934 NFA, and subsequent acts to be ahistorical and invalid as an expansion of taxing power for the purpose of undercutting the Second Amendment.
4. It could declare the 1934 NFA, and subsequent acts to be ahistorical and invalid as violating the Second Amendment.
Analysis:
Courts have historically been unwilling to make large policy decisions (unless massively supported by the dominant media and political power).
The Courts usually take the lowest hanging fruit, requiring the least disruption of the law, on the theory a small bite is easier to swallow than a large bite.
In the Autokeycard case, the path of least resistance may be to cite the First and Second Amendments, and the recent West Virginia v EPA case, to say the ATF overstepped its regulatory limits when it declared the autokeycard to be a machinegun, without proper notice and procedure, and dismiss the case.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
"It all happened so fast — an adrenaline rush," she said.
The man, she said, was already being attacked by her two pit bulls, but she shot him multiple times because "he wouldn't stop coming."
A neighbor called her a "hero."
The mother said the intruder appeared to be in his late 30s and was acting erratically.
LELAND, N.C. (WECT) - A 19-year-old man was legally justified in using deadly force in a shooting in Leland last month, the District Attorney’s Office announced Tuesday.
Kwaze Walker was found dead inside a home on Night Harbor Drive on July 31.
There are few "How to" books for conservatives on how to be effective. Rules for Anti-Radicals: A Practical Handbook for Defeating Leftism (Rules) by F. Paul Valone is one for those who wish to win in the political arena.
The book (Rules) uses Alinsky's Rules for Radicals as an example of a practical handbook for activists to obtain what they want. Rules for Anti-Radicals shows activists how to use the system for activists who want to defeat Leftists, preserve our rights, and preserve the Republic.
The book is available on Amazon, but you can get an autographed copy by ordering direct at the link above. The book has 352 pages, softcover, from Baucus, USA Publications, 2022. The book is priced at $24.95. The hours and days of hard earned lessons, and avoiding mistakes, make it a bargain for those activists who are serious about reclaiming rights and conserving the Republic.
Fair disclosure: I have known Paul for many years. We met at a Gun Rights Policy Conference. We have corresponded.
Paul knows what he is talking about. He has won his knowledge through hard study and effective political struggle as head of Grass Roots North Carolina for nearly three decades. His tactics are part of how the Gun Culture has been winning battles in most of the states for those three decades.
Rules does not train people to be lobbyists. Lobbyists can be effective.
They are expensive. This book is not about lobbying. It is about
effective political action through an organization for activists.
Rules has a tremendous amount of practical knowledge about how to bend legislators and legislatures to your will. It can, and often has been, done, if you are willing to put in the work and develop an organization of people who take the Second Amendment seriously.
It can work for any organization which can mobilize a group of passionate supporters. It takes hard work. It takes guts. It takes courage and time and energy.
Rules is not a theoretical, philosophical work. It is a "how to" manual to win the battles to preserve your rights, and the Republic. It is nuts and bolts. Do this, then do that. Some will find the insights and actions distasteful. Those who abandon the dirty business of politics will be ruled by those who were willing to do what was necessary.
There is no magic bullet. Doing the dirty work now, means not having to resort to violence later, when victory is uncertain.
If you want to know how to apply pressure with economic measures, read this book.
If you want to know how the politics of legislatures work, how to influence them and to become a "player", who can make things happen, read this book.
If you want to know how to use non-legislative options, read this book.
This correspondent has observed legislatures and legislators for several decades. F. Paul Valone accurately describes the system and how they work in practice, instead of theoretically. Tricks and chicanery are common. They are not new. Politicians have been using them as long as legislatures have existed.
Working the political system is far easier, and far less risky than allowing the system to default to violence and civil war.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
A 16-year-old juvenile was arrested on Aug. 20, 2021 and charged in the deadly shooting. He was initially charged with Murder, Aggravated Assault, and Possession of a Fire during Commission of a Felony.
In May 2022, a motion to drop the charges against the juvenile was filed based on video evidence of the shooting.
(snip)
The document said in part:
“The Court finds that the evidence is uncontradicted that Mr. Young was the primary aggressor, committed an aggravated assault upon Mr. [Redacted], was in constant possession of a firearm during this crime and threatened Mr. [Redacted] that he should not attempt to run as they left the park to retrieve some allegedly stolen items. The evidence also supports a finding that Mr. [Redacted] reasonably believed that an ongoing forcible felony (kidnapping) was being committed against him and that the use of deadly force was necessary to prevent death or serious bodily injury to himself.”
Adam Simjee and his girlfriend, Mikayla Paulus, both students at the University of Central Florida, were driving along a road when they were "flagged down" by a woman, later identified as Yasmine Hider, who "asked the couple if they could give her some assistance to help get her car started," FOX 35 Orlando reports.
When the couple attempted to assist Hider, she produced a gun and made the couple walk back into the woods for an attempted robbery, a Clay County Sheriff's office release says.
At some point, after Hider walked them at gunpoint
into the woods, Simjee produced a handgun that was concealed on his
person. There was an exchange of gunfire, during which the suspect was
shot multiple times. Simjee was struck by gunfire as well and died at
the scene. Paulus was not injured in the gunfire exchange and was able
to call for help, as well as tell investigators about a second suspect
who was watching nearby during the incident.
Link to Court Listener site for above.
On November 2, 2018, Oakland tactical filed a lawsuit against Howell Township, Michigan, for using zoning to prevent the ability to construct commercial ranges in the Township, particularly a thousand yard range on property which was a former quarry. Oakland Tactical has an option to purchase the property to construct such a range.
On July 11, 2019, an amended complaint was filed by Oakland Tactical. From the complaint by Oakland Tactical:
3.Howell Township has prohibited the siting, construction, and operation of shooting ranges in the town through its zoning regulations by failing to provide or allow any designated areas within the town wherein the siting, construction, or operation of a shooting range would be permissible.
4.Through its actions and inactions, Howell Township has infringed the rights of Oakland Tactical Supply, LLC (“Oakland”) to site, construct, and operate a shooting range within the borders of Howell Township, effectively banning all firearms ranges within the township, and the rights of the individual Plaintiffs to practice for lawful purposes with firearms.
Oakland tactical relied among others, on the Ezell case from Chicago, where the Seventh Circuit ruled Chicago could not ban commercial gun range in Chicago, or use a complicated regulatory scheme to do so.
On September 10, 2020, in the United States District Court, Eastern District, Southern Division, Judge Bernard A. Friedman dismissed the lawsuit, on the grounds the zoning ordinance did not infringe on the Plaintiffs' Second Amendment rights. From the order to dismiss:
Defendant seeks dismissal of the complaint on a number of grounds, but the Court is persuaded that the complaint should be dismissed for failure to state a claim because defendant violated none of plaintiffs’ Second Amendment rights by denying the requested zoning amendment at issue.
(skip)
None of the cases plaintiffs cite, and none of which the Court is aware, suggest thata municipality must permit a property owner (or a property lessee) to construct, and for interestedgun owners to use, an outdoor, open-air, 1,000-foot shooting range, such as plaintiffs propose. Norhave plaintiffs cited a single case that suggests Howell Township must change its zoning ordinance to permit the construction and use of such a facility as a matter of right anywhere within the AR district, which in this case comprises fully two-thirds of the township’s land. The claimed right simply is not encompassed by the Second Amendment.
On March 10, 2021, the case was appealed to the Sixth Circuit.
The decision in Bruen, was published on June 22, 2022.
The Sixth Circuit vacated the order to dismiss, and remanded the Oakland Tactical case back to the District Court on August 5, 2022, for consideration under the standards required by Bruen. From the Sixth Circuit order:
We are unable to apply this standard based on the record and arguments currently before us.The district court should decide, in the first instance,whether Oakland Tactical’s proposed course of conduct is covered by the plain text of the Second Amendment.3 See, e.g.,id.at 2134–35 (concluding that the Second Amendment plainly covers a right to bear arms in public for self-defense). If the district court concludes that Oakland Tactical’s proposed course of conduct is covered by the plain text of the Second Amendment, it should then determine whether historical evidence—to be produced by the Township in the first instance—demonstrates that the Ordinance’s shooting-range regulations are consistent with the nation’s historical tradition of firearm regulation. See, e.g.,id.at 2138 (concluding that “the historical record compiled by respondents does not demonstrate a tradition of broadly prohibiting the public carry of commonly used firearms for self-defense” or“limiting public carry only to those law-abiding citizens who demonstrate a special need for self-defense”).
***
For the foregoing reasons, we VACATE the district court’s grant of judgment on the pleadings and its order denying reconsideration and REMAND for further proceedings consistent with this opinion.
The District Court must first determine if the zoning case infringes on the exercise of Second Amendment rights. If the Court decides it does not violate the Second Amendment, the case will likely be appealed to the Sixth Circuit, again.
If the District Court finds zoning, in this case, infringes on Second Amendment rights, the defendants are required to deliver proof a historical precedent for such regulation has been widely accepted in American history, with precedents near to either the ratification of the Second Amendment in 1791 or ratification of the Fourteenth Amendment in 1868.
Zoning cases are nearly all "means - ends" cases, where local governments restrict land use as a means to an end. Zoning is a relatively recent development, created during the Progressive era, after 1900.
Bruen states "means - ends" cases are precluded by the Second Amendment.
In Pennsylvania, a state appeals court ruled a zoning ban on discharging firearms on private property was an infringement on the Second Amendment, citing Ezell.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
A witness followed and shot a suspect who police say stabbed a driver to death outside an Atlanta gas station.
Atlanta police told Channel 2 they responded to a stabbing and shooting call next to each other on Martin Luther King Jr. Drive around 6 a.m. Monday.
When they arrived, they found a man in his 30s stabbed multiple times at the Texaco gas station. He later died at Grady Memorial Hospital. Police also found a man shot down the street near the Seven Court Apartments.
Posts
All Comments
