ALBUQUERQUE, N.M. (KRQE) – The Albuquerque Police Department (APD) responded to a shooting on the 1400 block of 3rd. St., north of Avenida Cesar Chavez on Wednesday. Later in the day, officials said the shooting was possibly a case of self-defense.
APD said officers went to the area around 10:24 a.m. Wednesday for reports of a shooting.
HB5855 is a bill which heavily infringes on the right to arms protected by the Second Amendment of the Constitution of the United States of America. Ironically, it is titled the "Protect Illinois Communities Act".
The bill has been introduced into the Illinois House of Representatives by Representative Bob Morgan, (D) of the 58th District in Springfield, Illinois. Representative Morgan is a prolific introducer of bills. In 2022, he has introduced 38 bills, none of which has moved beyond the introduction and passed the House of Representative. He introduced 36 bills in 2021. None of them passed the House. HB5855 is up for a committee hearing on December 12 at 11 a.m. While Morgan introduces lots of bills without success, this bill is being pushed in the Media, which gives it a somewhat better chance.
Here is a brief summation of what the bill would put into law. From the bill:
Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner's Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State's Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012.
The problematic parts of the bill are fairly clear:
1. It bans the ownership and use of firearms to American residents who are 18, 19, and 20 years old, en mass. This is a novel infringement on their right to keep and bear arms.
2. It bans the sale of dozens of commonly owned firearms, and requires registration of those firearms currently owned in Illinois.
3. It bans future sale of magazines which hold more than 10 rounds.
4. It gives the State' Attorney's standing to file Firearms Restraining Orders (Red Flag Law). Such authority now only exists for police officer and family members, and extends the duration of the ban on the individual exercise of the right to keep and bear arms from six months to a year.
Representative Morgan does not appear to understand the limits on government placed by the Second Amendment, as applied to the states by the Fourteenth Amendment.
The bill is only introduced. It has 30 sponsors, all Democrat, in the Illinois House of Representatives. There are 117 members of the House, so about 59 are needed to pass a bill. This many sponsors is a good start. The more important question is: Does the House leadership support the bill?
Democrats have 72 of the seats in the House, Republicans have 45. In the Senate, Democrats have 41 seats, Republicans have 18 seats.
If the Democrat leadership wants to pass this bill, it will pass. The committee hearing on December 12 will provide a clue as to the prospects of the bill.
It is questionable if the Firearms Owner IDentification card (FOID) itself will withstand judicial scrutiny. The Illinois Supreme court has punted on ruling whether the FOID card passes Constitutional muster, twice.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
LITTLE ROCK, Ark. – Affidavits released Monday show investigators believe a juvenile died after being shot when he and two teens attempted to carjack a woman outside a Little Rock apartment Sunday night.
The teens, identified as 18-year-old Daryl Jones and 15-year-old Tamarion Jones, now both face a charge of capital murder in the case.
On Monday, December 12, 2022, the Keller School District board voted to implement the School Guardian program for the District. The Keller Intependent School District, (ISD) with over 35,000 students, is one of the largest in the state. From The epochtimes.com :
A large North Texas school district is moving forward with its plan to allow armed staff members to protect students in the event of an active shooter situation.
On Monday night, the board of trustees for the Keller Independent School District (KISD) approved the decision in a 4–3 vote. The district, which serves more than 35,000 students, is set to become the largest in North Texas to implement a guardian program.
The new policy would be on a volunteer basis with a high degree of oversight. The program would require a rigorous selection process. Participants would undergo a law enforcement psychological exam, a physical, and firearm testing with requalification twice a year.
In September, 2013, Texas passed legislation which authorized School Districts to participate in programs designed to aid in the protection of schools. One was the school Marshal program, which required intense training and limited School Marshals to one per 200 students; the other was the school Guardian plan which allowed much more flexibility and required 15 to 20 hours of training per school guardian.
It appears relatively few school districts have participated in the School Marshal program. Ballotpedia lists 1022 school districts in Texas. 445 school districts are participating in the School Guardian program, as of October of 2022, according to the article in the Epoch Times. The vote for the program was 4 to 3. Keller ISD Board President Charles Randklev gave an explanation for his decision to vote for the program. From communityimpact.com:
For Board President Charles Randklev, it came down to timing.
“The average time it takes for police to arrive on campus when there’s an active shooter is between two and a half to three and a half minutes. What can we do to help protect our students and staff during that time?” he said. “The guardian program is meant to help students and staff from an active shooter prior to law enforcement's arrival.”
Trustee Micah Young echoed Randklev’s point about addressing those critical first few minutes before law enforcement arrives on scene.
“At Sandy Hook, we lost a child every two seconds. At some point we have to ask ourselves, 'At what point do we put the opportunity in our favor and stop the violence? How long are we willing to wait?'” Young said.
Parent Dixie Davis disapproved of the idea of armed teachers. From campussafetymagazine.com:
“I do not want this program, period,” she said. “There is no way I would feel safe sending my kid to school knowing a teacher is packing, no matter how well-trained. Why haven’t we seen details about how this program works?”
Keller ISD currently has 16 School Resource Officers (SRO), currently assigned. The cost of the 16 SROs is over 1.7 Million dollars a year. That is over $100,000 per year
per SRO. School Guardians cost about $800 - $1000 to train a year. A school can have about 100 trained Guardians for the cost of one SRO. A number of private companies offer the training.
The Overton ISD, a small district east of Dallas, is also considering joining the Guardian program: From dentonrc.com:
Overton ISD is considering joining the Texas Guardian Program, which would allow district employees who have passed a series of requirements to be armed on campus.
The district is expected to vote on the measure in the coming months and has reached out to the community for input. Overton ISD recently announced its interest in the program on Facebook, providing a survey to get feedback.
This correspondent has been unable to find a school district using the Guardian program which has had a mass murder event.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.Speaking exclusively with News 4 Tucson, Rhude said it was an active shooter situation stopped short by a heroic customer with a gun.
Rhude wasn't at work at the time but based on his staff's account of what happened he said a man at the bar began hurling racial slurs and talking about violence.
"He was throwing out some stuff about the KKK and something about I'll bring a bomb back or something," Rhude explained.
Staff was able to get the man to leave but about an hour or so later, just after 6 p.m. on Sunday, the man returned with a rifle and fired a shot into the ceiling.
"Everybody heard that a little panic came on. So, he came around and was moving that gun on people," he said.
But then two customers stepped in to try and convince him to drop the weapon. One of those customers was armed with a gun of their own.
"He [the customer] then said drop your gun to the bad guy three times and bad guy wouldn't and he leveled it right at the guy and our customer here, he shot him, apparently three times," Rhude said.
The Sheriff says deputies found that the man, later identified as Robert Harris, and a woman were arguing in a Jeep when another man drove up in a truck to pick up the woman.
Deputies say the man who showed up had a two-year-old child with him and that he put the child in the house with his wife before attempting to leave and take the woman back home.
The Sheriff says the Jeep began ramming the pickup truck until it was run off the road into a wooded area, and both men pulled guns and exchanged gunfire.
Deputies say Harris fired shots first, with the passerby returning fire, hitting Harris in the torso multiple times, killing him. The driver of the pickup truck wasn't injured.
On December 10, 2022, at about 3 a.m., the Bedford 911 service received and urgent call.
According to the Pennsylvania State Police at the Bedford station, the Bedford 911 received a call reporting a home invasion and an assault in progress. The call was disconnected. After the call was re-connected, there was a report of shots fired. When the State Police arrived, they determined one shot had been fired, and the intruder, Dakota Lance Hall a white male, was struck and had died at the scene. WTAJ reported this. From wtaj.com:
State Police out of Bedford said they received a call of a home invasion and assault along Shoups Branch Road in Liberty Township shortly after 3 a.m. Saturday. While on the phone with the 72-year-old male homeowner, they said the 911 call disconnected. When the call reconnected, there were reports of shots fired.
When police arrived, they found the alleged intruder, Dakota Hall, 22, of Huntingdon, with a gunshot wound. Police said Hall died of his injuries at the scene.
The 72-year-old was taken to UPMC Bedford for injuries suffered in the assault.
Bedford is a rural community in Pennsylvania. The population of Liberty Township is modest at 1,382 as of the 2020 census. Shoup's Branch Road is a short street in a development of what appear to be about 15 mobile homes in the satellite image. An athletic field is across the street. On the other side of the athletic fields for baseball and football is a middle school and a high school.
The identity of the 72-year-old white male is unknown. Dakota Hall's address is reported as in Huntingdon, PA. The homeowner is reported as being from Saxon, PA, which is in Liberty Township. Huntingdon is about a half hour drive, northeast from Liberty Township. In Hall's obituary, he is listed as 26 years old. His parents were stated as being from Saxton, in Liberty Township. Hall is reported to have been booked on a charge of domestic assault on March 16, 2020.
The police have not reported if Hall was related to the 72-Year-old male who shot him, or if there were any connection at all.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
WINSON CO., Ala. (WBRC) - The Winston County Sheriff’s Office says a home invasion on Dec. 13 resulted in the homeowner shooting and killing one of the intruders.
The invasion happened at a home off County Road 21 in the Poplar Springs area. Deputies arrived on scene and found a male dead in the home.
WCSO says they learned two suspects entered the home, one of them armed with a handgun. That suspect hit one of the residents in the head with the handgun.
The sheriff’s office says the suspect then began shooting inside the home.
The Nye County Sheriff's Office says a homeowner in Pahrump shot an armed intruder who was wanted for violating their parole.
On Thursday, December 15, at around 9:30 p.m., Nye County Sheriff's Office Deputies responded to the 6000 block of East Kellogg Road for a report of a shooting.
During their investigation, deputies learned 48-year-old Shawn Richard of Pahrump had unlawfully entered a home.
During the invasion, the homeowner, who was armed with a firearm shot and critically injured Richard as he attempted to enter the bedroom of the home.
Image of grizzly bear by Troy Nemitz, used with permission.
On May 22, 2022, visitors at Yellowstone national park witnessed a common, but seldom seen, killing of a young grizzly by a much larger adult boar. The mother of the young bear was also seen attacking he offspring. Some people think she was attempting to convince the young bear to leave the area.
The mortal wounding of the young bear, which was the size of a average human, (about 150 lbs) is brutal. The speed and power of the attack is sobering to watch.
The video shows how immensely powerful a boar grizzly is. This boar was estimated at over 500 lbs.
Less than a month later, three more cubs were almost certainly killed by a large boar. On June 16, grizzly 793, known as "Blondie" likely had her three cubs killed by a big boar.
On Saturday morning, a bear thought to be Blondie was seen moving rapidly around an area in the park.
“The thought is that Blondie lost her cubs to a male bear on Friday night or early Saturday morning and was looking for them,” Bayles said on social media this week.
Bayles told one of his social media followers that a male bear was likely cause of the cubs’ demise.
“It is the single leading cause of baby bears,” Bayles said.
Studies of cub mortality show about 25% of sub-adult bears are killed by other bears every year. Nearly all the killing is done by large boars. The study above was for grizzly bears, but black bears boars kill cubs with as much gusto. Black bear cub cannibalism bearbiology.org:
Abstract: From 1982 to 1985, 23 Arizona black bear (Ursus americanus) cubs were equipped with motion-sensitive, breakaway radiocollars while in winter dens. Eleven (48%) of these cubs died, but cause of death was determined in only 8 cases because of collar loss. Fifty percent of these deaths were the result of cannibalism by other bears.
The phenomena was observed in a study Ralph Flowers, the famous professional black bear hunter and trapper, was involved in. From Bears & Flowers, page 135
In a radio-collar survey done in February of 1982, of denned sow black bears,
"We also picked up the signal from the largest male bear on the island - a 300 lb bruiser - and were surprised to find him out of his den and moving about in February.
The objective of his mid-winter wanderings became apparent the following spring when it was determined that he had been roving the island, searching out denned females with cubs. At one den he killed and partly devoured the mother bear, and also made breakfast of her two cubs. At the den containing three cubs, he had killed and devoured them all, although the mother bear had escaped."
Bear cubs are about 1/3 of the population, before the end of hibernation. Roughly 8% of a bear population is every year by adult bears. For every thousand bears, about 80 are killed each year by other bears.
Numerous incidents of polar bear predation on cubs and sub-adults have been observed. What percentage of young polar bears are killed by other bears is difficult to measure. From uccalgary.ca:
Intraspecific killing of one polar bear (Ursus maritimus) by another, including both infanticide and predation on older bears, as well as cannibalism, has long been known to Inuit hunters in Canada and Greenland, and several observations have been reported in the scientific literature (Lunn and Stenhouse, 1985; Taylor et al., 1985; Derocher and Wiig, 1999; Dyck and Daley, 2002; Amstrup et al., 2006; Stone and Derocher, 2007; Stirling et al., 2008). Both male and female adult polar bears are also known to scavenge on the carcasses of polar bears killed and skinned by humans (e.g., Larsen and Kjos-Hanssen, 1983). Most intraspecific kill-ing is focused on cubs and subadults, though some adult females are known to have been specifically preyed upon as well (Taylor et al., 1985; Amstrup et al., 2006; Stirling et al., 2008). In all observations of such killings recorded to date, the predators have been adult males. When fully mature, adult male polar bears are roughly twice the size of adult females (Kingsley, 1979; Derocher et al., 2005).
Much of the false image of bears as innocent furry forest creatures, as portrayed by Hanna-Barbera with Yogi and Boo Boo, or Disney in The Jungle Book, can be corrected with the knowledge of big boar bears as cub killers. In the real world, if Yogi and Boo Boo had met, it is likely Yogi would have killed Boo Boo.
Velma Flowers, the wife of Ralph Flowers, who made the family livelihood by the commercial hunting and trapping of bears which were doing immense damage to trees in Washington State, was not immune. She strongly protested the killing of cubs. Then she strongly called for the killing of large boars, after she had complained of Ralph killing an orphaned cub. From The Education of a Bear Hunter, P. 125, from his wife, Velma:
She then explained that this bear was in a different situation; he was a big bear and probably a mean old daddy bear. He had probably killed some cubs himself and was undoubtedly guilty of destroying many fine trees, while the little cubs had done nothing to deserve such a sad fate.
There is evidence that the harvest of large boars increases the overall bear population. From The Dynamics and Regulation of Black Bear Ursus americanus Populations in Northern Alberta:
Numbers of black bears on the study area varied little from 1968 through 1971. The removal of 26 large adult males in 1971 and 1972 was followed by an apparent increase in the bear population in 1972 and 1973, primarily in the subadult component. Alternate years of high cub production in 1968,1970 and 1972 probably were solely a function of the number of adult females breeding. Evidence from other studies indicates no significant change in annual litter size.
Human hunters disproportionately harvest large boars. They open up niches for more cub survival, with increases in the population of bears and increases in the harvest of bears at the same time.
It is likely the regulated hunting of bears is better for bear populations than allowing unregulated killing of large numbers of cubs by mature boars.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
CHICAGO RIDGE, IL — A concealed carry permit holder shot two people outside a restaurant at Chicago Ridge Mall Thursday evening. Police believe it is related to an ongoing domestic disagreement.
Around 8:20 p.m., a couple was approached by three men as they were entering their vehicle in the parking lot. The concealed carry permit holder shot multiple rounds at the men, police said. Two of the trio suffered non-threatening gunshot wounds.
One of the men who approached the couple was arrested, police said. The man, identified as Reginald T. Williams, of Chicago, who turns 24 on Sunday, was charged with battery. He is also being held on an unrelated arrest warrant.
VANCOUVER, Wash. — A would-be burglar was shot and killed by a homeowner Thursday night after he reportedly broke in through the window of a Vancouver house, police said.
Vancouver Police officers were called out at about 11:20 p.m. on reports of a burglary in progress at a home in the 2900 block of Northeast 157th Court.
Charges have been dropped for a man after a review of the evidence in the case showed he acted in self-defense in an incident that led to the death of his father-in-law.
On Thursday, the Rome Circuit District Attorney’s Office dropped charges pending against 27-year-old Benjamin Tobias Cox Jr.
“Rome Police Department detectives in this case had probable cause to arrest this defendant on Oct. 7, 2022. They continued to work the case along with staff in my office. Evidence developed that pointed to Mr. Benjamin Cox having a valid justification defense under several statutes, including self-defense, defense of habitation and the stand your ground statute,” Floyd County District Attorney Leigh Patterson said.
Kodava flag Link to wikimedia.org by
In a district of about a half million people in southwest India, not far from the West coast, the residents have the right to keep and bear arms. Kodagu (earlier Coorg) is about 20% larger than the smallest American state, Rhode Island, with about half as many residents.
According to Colonel (Retd) CP Muthanna, the Kodavas have been keeping weapons from the time of the Lingayat Rajas, who ruled the lands way before the British or the Muslim rulers.
“The Kodavas and certain other communities were keeping weapons and ammunition in their house. And as and when the king called them to battle, they would take their weapons and go to battle at the behest fo the king. It is similar to what is being practiced in Israel by the reserves. Then came British rule. When the Disarming Act came, they exempted the Kodavas by race and Jumma holders from this regulation under the Disarming act,” he said.
The Centre had decided to continue the British-era rule of exempting Kodavas and Jamma land holders in the hill district of Kodagu from obtaining licence for firearms such as pistols, revolvers and double-barrelled shotguns.
LiveLaw.in confirms the residents in Kodagu have the right to keep and bear arms without obtaining a license from the government.
As might be expected, the crime rate in Kodagu is about half of what it is in India as a whole. While the India statistics only give the overall crime rate, in Kogadu it is 233.18 per 100 thousand. In India, as a whole, it is 445.9 per 100 thousand.
In a small part of India, the Kogadu and Jamma land owners have a right to keep and bear arms similar to the the American right to keep and bear arms. It comes from the same place, the right and duty of residents to defend their lives and their state. The Kogadu have managed to keep this right from before the Muslim invasion, through Muslim rulers, through the rule of the British Raj, and through the independent India rule to this day, a history which exceeds the history of personal firearms.
It remains to be seen if the Kodavas will retain their rights. The Supreme Court of India has agreed to hear an appeal to the Karnataka High Court decision, on March 29, 2022.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
On Wednesday, a man and a woman got into a minor car crash at a gas station on Good Hope Road in Southeast D.C. The woman's boyfriend showed up, according to court documents, and began punching the driver of the other car. That driver, identified as Anthony Williams, then shot and killed the boyfriend, court documents detailed.
An employee of the BP gas station said the woman attempted to get the security guard to help, but they declined. Williams stayed on the scene and was taken into custody.
The US. Attorney's Office charged Williams with carrying a pistol without a license.
On December 2, at about 9:45 p.m. in Warner Robins, Georgia, Joshua Hickey attempted to rob a restaurant at 1307 Watson Blvd. Warner Robins is about 70 miles southeast of Atlanta, about 8 miles south of Macon, Georgia. The restaurant was an American Philly-N-Wings on Watson Blvd near Vernon Drive.
A restaurant worker attempted to disarm Hickey. But the robbery suspect is said to have pistol whipped the worker, attempting to gain compliance. The worker was struck to the floor, then drew his own handgun and shot Hickey three times. Hickey fled the scene. From 13wmaz.com:
Sergeant Justin Clark with Warner Robins Police says Hickey jumped the counter and attempted to make his way to a door in the restaurant while demanding money. That's when things escalated, Hickey allegedly pistol-whipped a worker and the two men fought over the gun.
"The restaurant worker was struck, hit the ground. As he was coming back up, he drew his own legally-owned firearm and fired three shots at Mr. Hickey. Mr. Hickey was struck twice and fled on foot,” Clark said about the tussle.
The police responded to the 911 call. They found Hickey with serious wounds, outside the restaurant, on Vernon Drive. Hickey was 23 years old.
Hickey was taken to the hospital where he died. Police said the restaurant worker was not hurt, but an earlier report stated he had minor injuries.
Opinion: The pistol whipping must have been ineffective. A pistol used as a blunt instrument often draws blood. It is a serious attack. A strike to the head with a metal club can be fatal.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
The alleged gunman was shot and killed by a second Amazon contract worker who returned fire, investigators said.
The incident occurred in the parking lot of an Amazon Flex facility in Chandler, Arizona, around 9:30 a.m. local time, police said.
ST. LOUIS – The St. Louis Circuit Attorney’s Office declined to file charges against a local man who shot and killed a burglar over the weekend in self-defense. However, prosecutors charged the woman who helped organize the burglary that ended with the burglar’s death.
The homeowner continued, “He started coming after me and stuff. I feared for my life.”
Said Sanders, “Ultimately, this comes down to a matter of self-defense.”
Sanders says the homeowner told Hammons several times he had a gun and not to come near, but Hammons charged him nonetheless.
“When this person, who we can only describe as a criminal, keeps coming towards him, I think it was completely reasonable for the homeowner to fire in self-defense,” Sanders said.
The Attorney General of Washington State, Bob Ferguson, filed a consumer protection lawsuit against Federal Way Discount Guns, claiming the store illegally sold magazines which held more than 10 rounds of ammunition.
It has generally been illegal for anyone to sell magazines which hold more than 10 rounds of ammunition in Washington State, since July 1 of 2022, this year. There are some specific exceptions. The law is being contested in the courts.
Plaintiff State of Washington, by and through its attorneys Robert W. Ferguson, Attorney General, and Ben Carr, John Nelson, and Bob Hyde, Assistant Attorneys General, brings this action against Defendants Federal Way Discount Guns, LLC, and its owner Mohammed Baghai. The State alleges that Defendants engaged in unfair and deceptive acts or practices, as well as unfair methods of competition, in violation of the Consumer Protection Act, RCW 19.86, and RCW 9.41.375. The State alleges the following on information and belief.
When the law was passed, it contained both a straight criminal statute, RCW 9.41.370, and a peculiar criminal statute which defines the distribution of magazines as an "unfair method of competition" under 9.41.375. This allows a civil suit to be brought, instead of a criminal action. From wa.gov:
RCW 9.41.370
Large capacity magazines—Exceptions—Penalty.
(1) No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.
RCW 9.41.375
Large capacity magazines—Unfair method of competition.
Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter 19.86 RCW. [2022 c 104 § 4.]
Civil suits are easier to prosecute than criminal cases. In a civil case, the plaintiff only needs to show a "preponderance of the evidence" instead of establishing guilt "beyond a reasonable doubt".
Washington State provides for jury trials on all civil cases except for traffic infractions.
Official prosecutors are unusual in the law. They have been given almost unlimited immunity from lawsuit themselves by an unprecedented legal decision at the Supreme Court in 1976. In the case of Imbler v. Pachtman, the Progressive Burger Court declared prosecutors could not be sued.
Prosecutors may lie. They may present false evidence. They may withhold exculpatory evidence. But, according to the decision, no lawsuit can be brought against them.
In the recent Bruen decision at the Supreme Court of the United States of America, Magazine bans, which had been ruled to be constitutionally valid, back to the Third Circuit and the Ninth Circuit. The cases were granted certiorari, vacated by the Supreme Court, and remanded to the two circuits to be reheard, considering the restoration of the protection of the right to keep and bear arms under Bruen.
It seems likely magazine bans such as the Washington state ban will be found to be unconstitutional under the protections of the Second Amendment. Court actions are not certain. Some of the courts seem to be playing delaying games, perhaps in the hope of progressive judges replacing those who say the Constitution has to be understood as it was written, when it was ratified.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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