Thursday, May 09, 2024

Hans Teeuwen "pistol" was an air gun, as expected by AmmoLand





Link to video of arrival of the police and the original comedy skit.

On March 12, 2024, Dutch absurdist comedian Hans Teeuwen posted a video mocking the mayor of Amsterdam, Femke Halsema.  As part of the video, a vaguely pistol looking object was on a table, at the edge of the screen, next to him.

Three hours later, the police were at his door. The came in and confiscated the object, which was still on the table. AmmoLand covered the story. In the AmmoLand article, this correspondent noted the object was most likely a Webley air pistol.

Image of a Webley air pistol from the author's collection. Notice the rear sight on the object close to Teeuwen. The rear sight is distinctive.

Coverage of the incident continues in the Netherlands. Nos.nl confirms the object was an air pistol. From nos.nl as translated by deepl.com:

Amsterdam police stopped by the home of comedian Hans Teeuwen to take an air pistol. Teeuwen had used the weapon for a persiflage (bantering) film of Amsterdam mayor Femke Halsema. The air pistol, which bears resemblance to a real gun, appears to be a reference to the firearms affair involving her ex-husband Robert Oey and their son.

Air pistols are legal and for sale in the Netherlands.It appears a person has to be 18 years old to purchase one. Replicas of real firearms are much more highly regulated. Some of the air pistols for sale in shops in the Netherlands appear to look more like an actual firearm than the old Webley design.  It may take a court case to determine if the old Webley design too closely resembles an actual firearm to be legal in the Netherlands. Hans Teeuwen indicated he did not expect the case to drag out over a long period. From nos.nl:

According to him, it was an old gun, which he says he doesn't even remember how it works. "So this was a parody of the case about banned gun ownership that was going on around the mayor, and two hours later the police are on the sidewalk. That's incredibly stupid. Especially after Sunday," said Teeuwen, referring to the opening of the Holocaust Museum in Amsterdam, which was partially disrupted by shouting and yelling protesters. Halsema received both criticism and acclaim after that demonstration.

This correspondent is not certain the case will be handled quickly in favor of Teeuwen. Weapons bans tend to become stricter and stricter over time. It seems governments who ban the common ownership of weapons by their subjects often do not like for them to think positively about weapons ownership.  Consider the mindset of government officials who believe the mere ownership of something that looks like a gun should be forbidden, or at least, very highly regulated.

This is not about control of weapons. It is about control of thoughts. Good luck to Hans Teeuwen on his upcoming court case.  Perhaps the judge will throw it out, based on a simple reading of the law.

A message has been sent. Mock the Mayor, and police may show up on your doorstep in a few hours.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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MO: Gunfight, Teens and Security Guard

BERKELEY, Mo. – One teen is injured and in custody after a group fired at a QuikTrip security guard early Monday morning, according to police.

Around 5 a.m., a group of teens inside a vehicle shot at a security guard at the Berkeley QuikTrip in the 6800 block of N. Hanley Rd.

The guard was not hit and returned fire, wounding one of the teens in the hand. That teen is now in custody.

More Here

Review: A Device for Refilling Practice Bear Spray (How to)

Image of grizzly bear  by Troy Nemitz, used with permission.

In 2014, John Gookin, Tom Smith, and Alison Williams published a paper in Human-Wildlife Interactions titled:  A Device for Refilling Practice Bear Spray Canisters. The paper shows how to build and use the device.

This correspondent has long maintained bear spray has a valid place as a means of protection against bears. Bear spray does not appear to be as effective in stopping bear attacks as handguns. This does not mean it is not useful. Bear spray can work effectively as a device to haze bears which are merely curious. Bear spray is generally a better deterrent than shouting or arm waving. There are a significant number of places where bear spray can be carried and firearms are forbidden by restrictive government edicts, such as in Canadian national parks. Even in wilderness outside of Canadian national parks, a permit to carry a handgun for defense of self and others is extremely restricted and difficult to obtain. Obtaining permission to possess long guns is not as restricted, but still requires much more paperwork and effort than bear spray. A significant number of people are not comfortable with firearms and are not willing to expend the time and resources to become competent with them.

One of the major disadvantages of bear spray is the expense of practicing with the product.   A simple can of bear spray costs $40 to $60, as checked online.  Inert training cans run about $20. Practice with actual bear spray is not advisable, as inadvertent contact with the spray produces unpleasant results.

About a decade ago, John Gookin invented a device to refill practice cans so that practice could become cheap and easy. He coordinated with graduate student Alison Williams and bear biologist Tom Smith to publish a paper entitled: A Device for refilling practice bear spray. The paper is online. From the paper:

This device for refilling inert bear-spray canisters can be readily built for >$40 with materials from a local hardware store. It will allow users to refill practice canisters hundreds of times, thus, saving money that can be used for other wildlife management needs. Using materials listed here, the device can be constructed in <1 hour. Refilling a spent canister can be done in <1 minute.

It is as necessary to practice with bear spray as with any defensive system. Bear spray, for many reasons, is not as intuitive as using a handgun. With 150 years of cartridge handgun evolution, and literally life and death incentives for improvement, handgun safeties, holsters, grips and sighting systems have been optimized for fast, sure and accurate presentation and use from a holster.

This is not the case with bear spray. More training in accessing spray cannisters, releasing/removing the safety, and aiming the spray, is necessary. Failure to effectively draw, remove the safety, and deploy bear spray can have dire consequences. T.J. Langley was severely mauled in Yellowstone Park, in part because he could not get the safety off.

Caught in the vise of a female grizzly in Yellowstone National Park last month, Langley, of Seattle, assumed he was going to die.

His fingers had found the can of pepper spray held snug in his chest harness, but he couldn't get the safety off before the bear charged.

I congratulate John Gookin for inventing a system to allow economic practice in drawing, removing the safety, aiming, and activating bear spray canisters.  Tom Smith and Alison Williams deserve considerable credit for their part in writing and publishing the paper on how to make and use the device.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Wednesday, May 08, 2024

OK: Man Shoots Burglary Suspect

TULSA, Okla. — Tulsa Police said a burglary suspect is in the hospital after being shot at an apartment complex on Monday.

Police said officers responded to a caller who said he’d shot someone he caught stealing at the apartment complex around 3:30 a.m. on Monday. The caller said he grabbed the suspect trying to break into his storage shed and chased him away and that he also saw him checking car door handles.

Police said there was a verbal altercation in the field next to the apartment complex before the caller shot the suspect in the left buttock.

More Here

Tuesday, May 07, 2024

AZ: Prosecutors: No Retrial for Border Rancher, George Allen Kelly (video)

 Kelly Residence, about 150 yards from the border with Mexico, image from Zillow

 

On April 29, 2024, Fox News reported Prosecutors in Santa Cruz County, Arizona, would not re-try border rancher George Allen Kelly.  The Fox report has since been verified. From Fox News. com:

George Alan Kelly, the Arizona rancher charged with murder in the shooting of a Mexican national on his border property, will not be retried, prosecutors with the Santa Cruz County Attorney's office said.

Kelly underwent a lengthy accusation, arrest, and trial process stretching out for nearly a year and a half. At the end, the local jury could not agree on a verdict. This created a mistrial, and the possibility Kelly can be tried again. The eight person jury had one hold out which refused to acquit Kelly. On April 23, the judge declared a mistrial.   From courttv.com:

At about 2:00pm local time the 8-person jury declared they were at an impasse, but the judge asked them to continue deliberating and gave them the option of breaking early for the day.

In Arizona, in criminal cases where the penalty does not exceed thirty years in jail, the size of the jury has been set by the legislature at eight.  From AZleg.gov, size of jury:

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

Kelly gave an exclusive interview on youtube, explaining his state of mind. From the video:

We still live in the same place. We are still faced with the same threats. The border is still where it is at. The cartel is still active. They know where I live. They got guns. They kill people, all the time, on both sides.

 

 

Analysis:

Because George Allen Kelly had a mistrial and not an acquittal, he faces the potential of a retrial.  The current crop of prosecutors in Santa Cruz County have said they will not re-try him. They cannot bind the actions of future prosecutors. It is entirely possible a future prosecutor, perhaps who was aided in their election by Soros or Cartel money, could re-try George Allen Kelly 10 years from now. There is no statute of limitations on murder. The Kellys have paid a heavy price in punishment by process. They have exhausted their life savings in paying for the defense, in spite of generous help at GiveSendGo.

This case can be laid directly at the feet of the Biden Administration. Since the day President Biden took office, his administration has done everything they can to open the border, suppress border enforcement, and encourage millions of illegal immigrants enter the USA without vetting.  President Biden immediately halted construction of the Trump border wall, which was nearing completion. President Biden retracted the executive orders by President Trump which had been so effective in getting the border under control. The Biden administration paid contractors of the border wall more to stop construction of the wall than it was costing to build the wall.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Houston Gunfight, Assailant Killed

The fatal shooting of a man at 868 Ringold Street about 10:05 p.m. on Saturday (May 4) is being referred to a Harris County grand jury.

The identity of the deceased man, 58, is pending verification by the Harris County Institute of Forensic Sciences.

The male shooter, 38, was not injured in the incident.

HPD Homicide Division Detectives D. Higgs and B. Stephens reported:

HPD patrol officers responded to a shooting at the above address and found a male unresponsive with multiple gunshot wounds in the driveway of a residence.  Houston Fire Department paramedics responded to the scene and pronounced the male deceased.  Officers then detained a male and several witnesses for questioning.

A preliminary investigation determined an argument ensued between the two males in the driveway of the residence.  One male produced a firearm and discharged several times at the other.  Fearing for his life, the second male retrieved a firearm from his vehicle and returned fire, fatally striking the other male.

The Harris County District Attorney’s Office was contacted and it was determined the case would be referred to a Harris County grand jury for review.

Link Here

Handgun Defense aganst Bears: Caliber not Critical as Thought

 Image by Troy Nemitz, with permission.

 

A continual debate in the firearms and hunting community is controversy over caliber. 9mm v .45.  What is minimum caliber for whitetail deer?  What calibers are good for elk? Moose? Grizzly bears?  In the research of handguns fired in defense against bears, a surprising conclusion springs forth: Caliber is not as important as we thought. Having a firearm is more important than caliber.  There are several reasons why this is so.

First, a firearm builds confidence. A person with a firearms has more confidence they can do something instead of nothing. Call it the psychological factor.   A firearm gives a person the confidence to stand their ground. Even bear spray proponent Tom Smith acknowledges the importance of this. From byu.edu/news, 2008:

Smith believes one of the primary reasons bear spray works is that it gives users a reason to stand their ground. Running is the worst response to an aggressive bear, he said, "but it's hard not to.

Having a firearm gives a psychological lift to a person's confidence. People who are armed walk different, stand different, act different. The confidence labels them as potentially dangerous. This makes bears and other predators hesitate to attack, to assess the human more carefully. Most bears wisely avoid humans. For bears on the edge, this can make a difference.

Second, there is noise. Firearms, even small caliber handguns, are loud, much louder than nearly anything in nature except for a thunderclap. Warning shots work primarily though noise.  Warning shots are seriously underrated, because most successful warning shots are not reported. Of the documented incidents where handguns were fired in defense against bears, warning shots worked 21 of  29 times, or 69%.  Bears which are indifferent to the presence of a human and to warning shots are very dangerous bears.  Warning shots help to reveal a bear's attitude. Reports from the Svalbard Archipelago show they have very good success in deterring polar bears with warning shots. From kho.unis.no:

If the bear is already moving toward you, aim to one side or above its head to avoid hitting it accidentally. Continue shooting rifle shots or flares until it retreats. In nearly all cases this will be sufficient to scare curious or even aggressive bears away.

An advantage of handguns over most rifles is handguns have a greater magazine capacity, allowing for more warning shots while keeping enough rounds in reserve for defensive purposes. Most handguns are designed to be reloaded more rapidly than most rifles.

Tom Smith, who loves bears, acknowledges the viability of noise as a defense, as well. From Efficacy of Bear Deterrent Spray in Alaska:

On 10 occasions (14%, 10 of 71) the sight and sound associated with spray release were reported as key factors in changing bear behavior.

Third, there is pain. The theory of bear spray is to deliver pain to the bear, causing it to stop its attack. Even small caliber handguns deliver intense pain. One hit from a small caliber handgun to the body is likely to deliver more pain and damage than a paw strike or bite from another bear. A single shot delivered from a small caliber handgun, if it enters the thoracic cavity or abdominal cavity, will likely kill the bear over time.  Bears are not impervious to pain. Enough pain and/or damage will cause them to break off the attack. Of 130 incidents in our documented cases where it could be determined a hit was made, bears were driven off before they were killed in 113 cases, or 87% of the time.  Many of those hits were from powerful firearms, but the principle is pain works. Only 13 of the 151 recorded successful uses of firearms (including some combination cases) where sufficient information was available, were fast central nervous system hits which stopped the attack nearly instantaneously. Other mechanisms stopped the attack in over 91% of the cases. In research to determine deterrent effect, rocks/slingshots or rubber slugs were more effective than bear spray in motivating a black bear to leave. It is difficult  to believe hits from small caliber handguns would be less effective than slingshots or rubber slugs.

These three mechanisms explain how caliber is less important than commonly thought. They explain how magazine or cylinder capacity may be more important than thought. Confidence, noise, and pain may be greater with more powerful handguns, much of the time. However, a person who is well practiced and capable with a 9mm may be more confident and effective than a person who has not practiced and is afraid of the recoil of a .500 S&W Magnum. Smaller calibers often have greater capacity for warning shots.  A .22 magnum with a 2 inch barrel may be louder than a .38 special with a six inch barrel.

Raw power is not the only consideration. A .22 you have is better than a shotgun where you cannot access it. A major advantage of handguns is they and their carry systems have undergone a hundred and fifty years of evolution and refinement. They have been refined, with many decades of real life and death experience, with the purpose of fast and accurate access, presentation, and delivery of fire.

Caliber, or power, can be important. It is not as important as once thought.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Sunday, May 05, 2024

NC: Ongoing Investigation, Man Killed by Property Owner

CARTHAGE, N.C. (WNCN) — One person was shot and killed Saturday night after trespassing in Carthage, according to the Moore County Sheriff’s Office.

On Friday at 8:15 p.m., deputies were dispatched to a report of a trespassing at a private residence along Dowd Road in Carthage.

After arriving, deputies found a man deceased from an apparent gunshot wound following an encounter with the property owner.

More Here

TN: Man Shot in Knee had Assauted Son, Neighbor

Investigators now say the shooting Thursday evening on Vulcan Lane in Harrison was a case of self-defense.

And the “victim” has now been charged, himself.

Hamilton County investigators said that Gregory Burnett had actually assaulted his son and a neighbor.


More Here

FL: Orange City Victim Shot, Wounded, Returns Fire


Deputies said Wilson was outside when his neighbor was headed to the gym before work.

A witness reported hearing Wilson twice yell, “Get back inside your house or you’re dead,” according to deputies, who added that the victim responded, “Are you talking to me?”

Wilson told his neighbor that he was going to count down from three, and if the victim didn’t return inside, he’d shoot, the sheriff’s office said.

Wilson quickly counted down from and fired his shotgun, according to deputies, who said the victim fired a handgun several times at Wilson after he was shot.

Wilson was not struck and went back into his home, sheriff’s officials said.

Deputies said they recovered both firearms and other evidence.

 

More Here


Saturday, May 04, 2024

NICS March 2024: Gun Sales and Background Checks are slowly Dropping


U.S.A. --(AmmoLand.com)--- The National Instant background Check System (NICS) numbers for March of 2024 are significantly lower than March of 2023. Gun sales for March of this year, at 1.39 million, are 92% of last year, at 1.51 million. They are the lowest sales for March back to 2019. While this shows a drop in sales since the extraordinary sales levels in the election year of 2020, it is a relatively high number.

The NICS check numbers are even lower.  They are the lowest recorded for March since 2017. There is only a mild link between NICS checks and firearms sales, because NICS checks are used for many things as well as firearms sales.

Individual states such as Kentucky and Illinois have systems which do NICS checks on hundreds of thousands of people every month. The NICS checks for firearm permits and permit rechecks were over a million for March of 2024. They are highly variable by state. The trend to Constitutional, or permitless carry, has slowed the number of applications for carry permits, though they are extremely popular. The number of permits in 2023 is about the same as in 2022, about 20 million permits in the USA. This could change dramatically if the US Supreme Court slaps down the defiance in states such as New York, Maryland, California, and New Jersey In eight highly restrictive states, the legislatures continue to add difficulties to carry permit applications. The potential number of people desiring permits in the those highly restrictive states is, conservatively, another 4-8 million people.

Firearm and accessory prices appear to be dropping with the drop in sales, in direct contradiction to monetary inflation.  The bogging down of the economy is likely having an effect, as people cut back on elective purchases and individual debt is piling up. If the choice is food, gas, or another AR15 and a case of ammunition, food and gas will usually get the nod.

Continueing with the long term trend, handguns are the most popular firearms in NICS with about 56% of the sales.  Long guns are about 33% of the sales. Checks for other and multiple sales make up the remaining 11%.

 

 

 


 

The conventional wisdom is a presidential race with Donald Trump as one of the candidates would be a large boost to firearm sales. This year, much will depend on whether former President Trump is able to take the nomination (which seems likely), or is placed in serious legal jeopardy (depending on the success of the Democratic party lawfare), or if President Biden hangs on long enough to secure the Democratic Party nomination.  All those outcomes appear cloudy in this correspondent's crystal ball.  The Biden Administration's war on firearm sales, the gun culture, and the Second Amendment will add a bit to firearm sales. The people who are aware of these atrocities may already have their firearms and ammunition wants/needs satisfied.

The election season is a good time to take a friend to the range, or to help a person register to vote.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: San Antonio, Man Shoots Alien who Threatened Him

Police said an undocumented couple were arguing inside an apartment when a neighbor, identified as William Oliver, 49, told them to calm down. The 21-year-old man allegedly put a gun to Oliver's head and, while speaking Spanish, threatened to kill him. Oliver then walked backed to his apartment

Oliver told police that he thought the other man was trying to kick in his front door. That's when he grabbed a shotgun, loaded it with bird shot, and shot the suspect in the hand and foot. A female bystander was also hit in the leg.

Both the victim and bystander were taken to the hospital in stable condition.

So far, Oliver is facing no charges.


More Here

Friday, May 03, 2024

TN: Governor Bill Lees Signs Modest School Reform Bill to Allow Highly Regulated Staff to Protect Children

Tennessee Capitol

On Friday, April 26, 2024, Governor Bill Lee signed the popular school reform bill which would allow a few, voluntary, highly regulated school staff to carry concealed firearms to protect the children under their care. The reform bill moves Tennessee from the few states which completely ban school staff from carrying concealed firearms to those states which allow staff to protect their children, but with extreme restrictions. A majority of states have programs which are much less restrictive than the bill signed by Governor Lee.

The bill, SB1325/HB1202 was popular in the state legislature, where it was passed with veto proof majorities.  The bill is much more restrictive than the requirements for ordinary police officers firearms training. Initially, volunteers who wish to protect the children in their care most complete 40 hours of firearms training, as much as ordinary police officers. Current or former police officers who are school staff are exempt from this initial training.

An additional 40 hours of training must be completed every year by each volunteer. The training has to be paid for by the volunteer ( or their school). Police departments are not required to provide the training for free.  Most police officers do not receive an additional 40 hours of firearms annual training. Most have between 1-8 hours of qualification hours a year, which is testing, not training.

The staff volunteers who wish to be able to protect the children in their care must willing to take a week of time off to train each year (or, perhaps five days of week-ends), and to pay for the training out of their own pocket, every year, at a local police department. From the bill, as signed by Governor Bill Lee:

(D) Have successfully completed forty (40) hours in basic training in school policing as required by § 49-6-4217 when the authorization to carry a handgun on school grounds is issued. The faculty or staff member must complete a minimum of forty (40) hours of training specific to school policing that has been approved by the peace officer standards and training (POST) commission each year to retain the authorization. Any such training must be approved by the LEA and the cost of the training, firearm, and ammunition is at the expense of the person seeking authorization to possess and carry a concealed handgun on school grounds, not the LEA of the school at which the person is assigned;

Effectively, only those schools who are willing to pay to have staff attend an annual 40 hours of training ( which will likely include travel expenses) will have armed staff under this bill. This requirement makes Tennessee one of the most restrictive states in the nation, other than those which completely ban staff from carrying concealed weapons to defend the children in their care.

Even this mild and modest reform bill was adamantly opposed by those who desire an unarmed population. Their major argument was "Guns are Bad".  From a student activist group in the Tennesseean:

We have elected these legislators to serve us, and yet nothing we have done has made them listen. We students are educated, we are intelligent, and we are opposed to the existence of guns in schools. We refuse to be political bargaining chips to serve misguided purposes.

Analysis:

It is unlikely primary and secondary school students are old enough to have voted in the last election.  Who has impressed upon this small group of activist students the idea "Guns are Bad"? Why should minors, with little experience, who are notoriously gullible and malleable, be given any credence in a public debate about policy matters? This correspondent explained the mindset in a previous essay.

This bill is a very small and minor step on the way to allowing effective protection of students in primary and secondary schools in Tennessee.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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SC: Burglary Suspects Shoot at Armed Homeowner

Police told WYFF News 4 an Alexa device notified a victim that his garage camera had been activated. The homeowner grabbed his gun and saw three people walking away after coming out the front door, according to Mauldin Police.

He yelled at the three people and they took off running. While they ran, one of the suspects started shooting at the homeowner, officers said.

At least one bullet hit the house. The homeowner was not hit and did not shoot back at the suspects, according to police.

More Here

MS: Woman Returns Home. Burglary Suspects Shoot at Her. She Returns Fire

The woman said her daughter was not home at the time of the incident and that the suspects broke into the home.

According to the woman, her daughter returned home, and the suspects fired shots at her. The daughter fired shots at the suspects. She was not injured.

Jackson police said the three suspects fled the scene, and one of them was later captured.

More Here

Thursday, May 02, 2024

What Happened to Florida Defense Against Bears, HB 0087?

Image from Winter Springs, Florida, Police Department

 

On March 8, 2024, the Florida legislature overwhelmingly voted for the HB0087: Taking of Bears. The Bill restores the ability of people in Florida to protect themselves, their pets, and dwellings from Florida black bears, which was administratively taken from them in 2012. The population of Florida black bears has skyrocketed, along with complaints and damage done by bears, particularly in Northern Florida.

Florida legislative procedures require the governor to sign bills (after the legislature adjourns) withing 15 days or they become law without his signature. The timing starts when the governor receives the bill from the legislature.  Executive approval:

SECTION 8. Executive approval and veto.—

(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill.

Some time is required for bills to be signed by officers of the legislature, then sent to the governor. Florida Presentation to the Governor:

Each bill and joint resolution passed in both houses shall be signed by the presiding officers of the respective houses and by the secretary of the senate and the clerk of the house of representatives during the session or as soon as practicable after its adjournment sine die.

It has been nearly a month since HB0087 passed the Florida legislature with overwhelming votes in both chambers. According to  legiscan, it has not been signed by legislative officers or sent to Governor DeSantis. If correct, the clock for Governor DeSantis to sign the bill has not been started. Around Osceola.com has commented on the situation. From aroundosceola.com:

Senate spokeswoman Katie Betta said Senate President Kathleen Passidomo, R-Naples, “Has signed all of the bills and directed the secretary to transmit them at the request of the governor.”

Most bills will be signed without causing a stir. But a handful are more controversial after getting approval from the Republican-controlled Legislature. For example:

The Sierra Club, the Center for Biological Diversity and the South Florida Wildlands Association are among groups seeking a veto of a bill (HB 87) that would allow people to kill bears when they reasonably believe it is necessary to avoid a threat of death or serious injury. The bill stems from complaints about bears posing a threat to residents in rural areas of Northwest Florida.

Has the legislature given the authority of the timing of when the bills are sent to the governor, to the governor?

directed the secretary to transmit them at the request of the governor.”

The Sierra Club, the Center for Biological Diversity and the South Florida Wildlands association can muster thousands of members to phone and sign petitions. They are known for their emotional appeals. Such groups portray bears as innocent creatures which never harm anyone or anything. Most of their members do not have to live with bears, have no personal experience with bears, and do not question the way bears are portrayed by those who rake in millions of dollars in sympathy donations.  The fact that most bears are killed by other bears is carefully hidden from them. About half of all bear cubs killed every year are killed by adult male bears. Most bears killed in a year are cubs. Most bears causing problems are males.

Removing the few bears causing problems in the state will greatly reduce the damage done by bears. The number of problem bears taken by people at risk will probably be less than 30.  The number of bears illegally taken in Florida is tiny, according to Florida Fish Wildlive Commission. The FWC numbers do not include cubs killed by other bears.

Analysis: HB0087 is at risk. If it had been sent to Governor DeSantis, it would already have become law, been signed, or been vetoed. Instead, it sits in limbo while radical deep green environmentalists  gin up emotional demands for Governor DeSantis to veto the bill.

Governor DeSantis has stood up to the woke fascists and worked hard to make sure the vote is safe and legitimate in Florida. Will he be willing to stand up to the deep green environmentalists?

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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FL: Disarm. Robbery Victim grabs gun, opens fire. Onlooker Blocks Escape Route

The incident happened just before 2 a.m. Sunday outside Wynwood Brick House at 178 Northwest 28th Street.

According to the reports, a man was leaving the club and as he approached his car he was confronted by the three armed suspects.

"You know what it is!" one of the suspects said, as they pointed their weapons at him and demanded his money and jewelry, the reports said.

The man handed over his chain, then grabbed a gun from one of the suspects and exchanged gunfire with the other two, the reports said.

A second victim witnessed the robbery and yelled at the suspects, and one of the ski-masked suspects who was armed with an assault rifle started shooting at him, the reports said.

The suspects tried to flee the scene but the second victim used his vehicle to block the exit, so they started ramming his vehicle, then  tried to run from the scene, the reports said.

More Here

Wednesday, May 01, 2024

Oral argument scheduled for May 1 on Texas Silencer Case, New Orleans, West Courtroom


A firm date and time for the oral arguments in the Texas silencer case, Paxton v. Dettlebach has been set.

A Fifth Circuit Court of Appeals three judge panel will be hearing oral arguments on May 1, 2024, at 9:00 a.m. in New Orleans, 600 Camp Street. Seating for the public will be limited.

The three judge panel consists of Judge Edith H. Jones, appointed by Ronald Reagan in 1985, Judge Edith Brown Clement, appointed by H.W. Bush in 1991, and Judge Cory T. Wilson, appointed by Donald J. Trump in 2020. From the case records:

The above referenced case has been scheduled for oral argument on 05/01/2024. It will be held in New Orleans -West Courtroom at 9:00. The Oral Argument session number is 41.


 

The West Courtroom is on the second floor, room 265. Here are court instructions for attending oral arguments. Attending Oral Arguments:

The courthouse doors open at 8:00 a.m. on argument days. Visitors must show photo identification and pass through security screening. Attorneys and their staff may bring electronic devices into the courthouse. All electronic devices must be turned off in the courtroom unless being used by counsel, with all sounds muted, during argument of their case to retrieve documents previously downloaded to the device. A wireless Internet access point is available in the library for use with personal electronic devices (Room 106 – see librarian for password).


Fifth Circuit Rule 34.7 provides that no cameras, tape recorders, or other equipment designed for the recording or transmission of visual images or sound may be present during oral argument.  All visitors attending oral arguments must turn off cell phones, laptop computers, and similar electronic devices when in the courtroom. You may not blog, tweet, or otherwise transmit contemporaneous or live transcription or observations from the courtroom.


Food and beverages may not be brought into the courtrooms.

(snip)

Public seating in the courtrooms is on a first-come, first-seated basis, and the amount of gallery seating in each courtroom varies widely.

Recording of the Oral Arguments is not allowed in the Fifth Circuit. A Live link to the arguments is available. It is only available while the arguments are proceeding.  A recording of the Oral Arguments is released by the court after 5:00 p.m. the day of the arguments.

As mentioned in the previous AmmoLand article, the arguments before the three judge panel are whether the State of Texas, represented by AG Ken Paxton, has standing in this case, or if any of the three individual Texas residents, who wish to make their own silencers, without paying the federal $200 tax or placing federally mandated serial numbers on them, have standing.

The District Court ruled the plaintiffs did not have standing. It is a major step forward for the standing arguments to be heard by a three judge panel of the Court of Appeals for the Fifth Circuit.

From the map, easy parking does not appear to be close to the courthouse. If I were in New Orleans, I would attend the oral arguments in person. 20 minutes of arguments are allocated to each side.  Watching the attorneys and the judges can sometimes give hints as to how they may rule. Listening to the livestream is the next best thing to being there.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: San Antonio Shooting Victim Claims Self Defense

According to authorities, they searched the area for a suspect matching the caller's description. Officers encountered a 22-year-old man who matched the description of one of the individuals involved in the shooting. The man reportedly informed officers he was acting in self-defense, claiming an unknown person fired upon him during an altercation. He stated he returned fire.

More Here

Tuesday, April 30, 2024

Texas Challenge to Federal Tax on Homemade Silencers Scheduled for Oral Arguments


The lawsuit by the State of Texas, challenging the federal requirement to pay taxes and register homemade silencers, is moving forward in the Court of Appeals for the Fifth Circuit. Oral arguments are scheduled for April 29, 2024. The case is now known as Paxton v Dettelbach.

On February 24, 2022, Ken Paxton, the Texas Attorney General, filed suit against the acting head of the ATF, then Marvin Richardson. The lawsuit was required by Texas law. HB 957 became law in Texas on September 1, 2021. On July 15, 2022, Paxton, acting for the State of Texas, amended the lawsuit to include arguments mandated by the Supreme Court ruling in the Bruen case, published on June 22, 2022. On July 18, 2023, Judge Pittman of the District Court dismissed the case with the claim the State of Texas had no standing. Standing is a controversial method which federal courts often use to dismiss cases they do not wish to adjudicate. From the previous AmmoLand article :

The guidance from our high court on standing continues to be “a morass of imprecision.”1N.H. Rt. to Life Pol. Action Comm. v. Gardner, 99 F.3d 8, 12 (1st Cir. 1996). At best, standing is now “unsettled in nature [and] beset with difficulties.” Thompson v. Cnty. of Franklin, 15 F.3d 245, 247 (2nd Cir. 1994). But luckily for this Court, though no one can pinpoint the height of the doctrine’s “amorphous” bar, it is easy to determine that these Plaintiffs have fallen short of it.

The issue presented to the appeals court is whether the State of Texas and/or the individual appellants have standing before the courts. The question is, does Texas have an interest in protecting the constitutional freedoms of its citizens?  Does Texas have an interest in challenging federal restrictions on the State's application of law passed by the State of Texas? Do individual citizens who are required to pay federal taxes and who must undergo a lengthy process to exercise their right to arms, have a concrete injury which can be brought before the courts? From the Appellants brief:

Before a Texan may make a firearm suppressor for non-commercial, personal use in Texas, the National Firearms Act of 1934 (“NFA”), as amended, requires him or her to apply for permission from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“BATFE”) and pay a $200 tax (refunded if permission is denied). If permission is granted, the firearm suppressor still cannot be made unless it has a serial number, and the firearm suppressor is registered in a national database.This case warrants oral argument because it raises issues of exceptional constitutional importance: Do Texans have standing to challenge the constitutionality of those statutory requirements before applying for permission and paying the tax, and does Texas also have standing to vindicate its quasi-sovereign interests in its citizens’ health and safety? Oral argument will assist the Court in evaluating these questions.

The Biden administration put forward arguments claiming the District Court was correct in ruling the individuals in the lawsuit and the State of Texas do not have standing.  The Biden administration states they are willing to present oral arguments if the court requires it.

Oral arguments are currently scheduled for April 29, 2024. Other courts have ruled a deprivation of constitutional rights, for however short a duration, constitutes an irreparable harm. The relationship of the States to the Federal government is an area of law which has been given short shrift since Progressive judges took over the federal courts after the Franklin Delano Roosevelt administration in the 1930's extending, by the Truman administration until President Eisenhower was elected in 1952.

The scheduling of oral arguments in the case is a positive sign. It indicates the three judge panel on the Court of Appeals for the Fifth Circuit is taking the issues seriously.

The issue of whether silencers are arms covered by the Second Amendment is being litigated in the State of Illinois, which categorically bans the possession of silencers.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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