Thursday, September 08, 2011

NH Senate overrides gov. on guns: "The one vote in question on this veto day was where Senators stood on the so-called deadly force bill. That’s the legislation that would allow citizens outside of their home to use deadly force to protect themselves or others when threatened. Current law says a person must retreat if they believe they can retreat safely when not on their property. In an unusual move for the Governor, Lynch took his opposition to the streets of Nashua, Hampton and Manchester. But the road tour, and the backing from every major local and state law enforcement agency weren’t enough to sustain Lynch’s veto. The effort fell two votes short."


Federal judge rejects challenge to NY gun law: "A federal judge has upheld a New York law that requires an applicant to show "a special need for self-protection" before winning a license to carry a handgun. District Judge Cathy Seibel ruled in White Plains that the state "has an important government interest in promoting public safety and preventing crime" and that the Supreme Court left room for that interest in recent rulings expanding gun rights. But a higher court is likely to have the final say. The plaintiffs' lawyer, Alan Gura, said he has already taken the case to the 2nd U.S. Circuit Court of Appeals and an eventual Supreme Court decision is possible. "The question here is whether the government gets to regulate a constitutional right or completely abolish it," Gura said."

Wednesday, September 07, 2011

Protection from police, prosecutors

A letter from Penny Dean, Concord

To the New Hampshire Legislature: Please override the anti-self-defense veto of Gov. John Lynch.

As a defense attorney, I have represented many individuals who never fired a shot but displayed or pointed a firearm in self-defense. I can assure you that New Hampshire citizens need Senate Bill 88. Actually we need much stronger protective language, but this is the language the committee passed.

The Officer Friendly that you see is not how many of these cops behave around citizens who have had to use a firearm to save themselves or others from harm. In one case, the police charged a man with a clean record - a 5-foot-4, 140-pound man, the son of a U.S. Secret Service Agent - when he displayed a firearm to ward off the imminent attack of a 6-foot, 240-pound man. The man who attacked my client had a criminal record including assault. My client was told he had no right to display a firearm - he should have called 911! No cell service - oh well. My client was charged with a felony.

The prosecutor, despite my many pleas for even more exculpatory evidence, claimed such evidence did not exist - only to have that evidence show up after a jury had been picked and before opening statements. After my client had spent tens of thousands of dollars and suffered untold grief, the prosecutor decided not to prosecute because she would have had to face the judge - a judge whom she had told repeatedly the information I sought did not exist.

Citizens in this state need defense from the police and prosecutors who are anti-self-defense. SB 88 is a small step in the right direction.

Source




MO: Homeowner Claims Self Defense in Sherman Street Shooting: "An attempted robber is hospitalized with life threatening injuries Tuesday evening after the owner of a home on the 6400 block of Sherman shot him in his front yard. "The homeowner shot the intruder in self defense," said Captain Janice Rothganger with the St. Joseph Police Department. "We discovered a young woman had been assaulted prior to the shooting, we believe by the attempted robber," Rothganger said. The woman was taken to Heartland Hospital and treated with minor injuries. Police also found a two year old child in the car. Police are questioning the homeowner looking for further clues in the investigation. The attempted robber is being treated at heartland with serious injuries. No charges have been filed at this time." [More details here]




La.: Man Shot Trying To Rob Gas Station With BB Gun: "An armed robber was shot multiple times when they tried to rob a cashier at an Exxon gas station on Saturday in Metairie with a BB handgun, according to Jefferson Parish sheriff’s deputies. The robbery happened at the Exxon gas station at 101 David Drive just before 5 a.m. Saturday. Investigators said a man entered the business and asked for a pack of cigarettes. When the cashier retrieved the cigarettes, police said, the man pointed a handgun at the cashier, threatening to shoot. The robber demanded money from the register, police said. After placing the money on the counter, the cashier, fearing for his life, armed himself with a handgun and shot the robber in the chest, police said. Deputies said the robber left the money on the counter and fled the area. Deputies said they found a gold Nissan Altima in the 300 block of David Drive and the driver, 33-year-old Melvin Phillips [above], was suffering from multiple gunshot wounds. Deputies said they also found a black handgun in the car as well, which turned out to be a replica semiautomatic BB handgun." Deputies said the cashier won’t face any charges as the shooting appeared to be in self-defense.

Tuesday, September 06, 2011

At the ATF, the left hand does not know what the right hand is doing

The Bureau of Alcohol, Tobacco, Firearms and Explosives has acknowledged an Indiana dealer’s cooperation in conducting straw purchases at the direction of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Exclusive documents obtained by Gun Rights Examiner show the dealer cooperated with ATF by selling guns to straw purchasers, and that bureau management later asserted these guns were being traced to crimes.

From the confidential source providing the documents:
The dealer…was sent a "demand letter," based on the number of traces to him, which was retracted after his attorney pointed out they resulted from his cooperation with ATF. (Strangely, he got two voicemails from two different ATF people, both saying they were the head of the tracing operation).

Some of the straw men turned out to have felony convictions, the agents called the FBI background check system and fixed it so the transactions would be approved, something which may also have happened in Phoenix. (The attorney wasn't clear as to whether the guns were actually delivered to the gangs).

If the guns did not make it to criminal end users, why the demand for the reporting requirement was made remains unexplained: A demand letter, dated February 14, 2011 and signed by Charles J. Houser, Chief, National Tracing Center Division, informed the dealer he was required to provide acquisition and disposition information on firearms obtained from non-licensees, as well as to provide quarterly reports, based on ATF’s assessment that the dealer “had an unusually high number of traces of new crime guns with a relatively short ‘time-to-crime’…”

In a response dated March 10, 2011, attorney Brent R. Weil of Kightlinger and Gray, LLP, informed Houser:
Specifically, my client participated with and cooperated in certain law enforcement operations during 2009/2010 at the behest of ATFE enforcement officers from the Evansville, Indiana office (Agent Kevin Whittaker) and in the course of doing so, followed their instructions regarding the completion of certain transactions and the delivery of firearms to purchasers who did not clear the standard NICS [National Instant Check System] background check and were suspected of being involved in the purchase and transportation of handguns out of state despite passing NICS’s background checks.

In order to verify ATF claims, Weil requested they “be given a list of the ‘ten or more crime guns with a “time-to-crime: of three years or less’ so that we can satisfy ourselves that we are not being improperly included in this program because of our cooperation with and/or involvement with ATFE enforcement activities.”

The response letter resulted in a voice mail from Houser to Weil on March 15, 2011, ignoring his request for the list of guns, but promising:
If…that count is composed of firearms that were, where your client was working in conjunction with ATF, we will get your client removed entirely from the program.”

That same day, another voice mail was received, this time from Brenda Bennett, also identifying herself as “Chief of the National Tracing Center,” who informed Weil:
I have verified the information in the letter. I talked to law enforcement and they confirmed what he had to say. Therefore, he is being removed from the demand list.

See the sidebar slideshow accompanying this article for screen captures of all documents referred to in this column. At the very least, as with “Project Gunwalker,” they indicate straw purchased guns ended up in crime traces, something those directing surveillance were well aware of. It also indicates the FBI and ATF were once again involved with allowing transactions rejected by NICS to proceed, indicating this practice could be more widespread than has been previously documented, and not confined to Southwest border operations.

Much more here




CA: Black woman fires gun at Latino home intruders who scrawled racist graffiti on her house: "A woman used a gun to fight off two men who forced their way into her house after spray painting racial epithets outside early Thursday, officials said. Two men, described only as male Latino suspects, scrawled anti-black graffiti on the outside walls of a home in the 12900 block of Lindale Street about 1:30 a.m., Los Angeles County sheriff's Lt. Bill Evans said. They then forced their way inside of the home, occupied by a black woman in her 40s, he said. But the frightened resident was ready with a gun, the lieutenant said. "The resident, in fear for her safety, fired a firearm at the suspects," Evans said. "It doesn't appear anyone was struck." The intruders then fled from the home and were not found."


PA: Victim strikes back: "A 15-YEAR-OLD thug who tried to rob a Temple University student early Monday got an unexpected surprise when the college kid pulled out a piece of his own, in self-defense. The young gunman and two teenage sidekicks came upon Robert Eells, 21, and a friend just before 2 a.m. on 12th Street near Dauphin. He tried to rob Eells and opened fire, at which point Eells shot back, police said. Multiple shots were fired, and Eells was struck in the stomach and the robber in the chest and leg. Both were taken to Temple University Hospital, where they were treated and listed in stable condition Monday, police said. The would-be robber, whom police did not identify because of his age, will be charged, police said. Officers last night were looking for his two accomplices. Police said that Eells, a sophomore from Chalfont, had a permit to carry a weapon."

Monday, September 05, 2011


CA: Woman Says Deadly Shooting Was Self-Defense: "A broken arm, a swollen eye and bruises all over her body is the result of an altercation that escalated to a tragic incident. According to Palm Springs police, the shooting happened Saturday night around 7:00 p.m. at the Desert Moon Spa and resort living complex in Palm Springs. Vanessa Mascolino says she shot and killed her aggressor, who allegedly made death threats and got physical with her after she refused to pay the rent. Mascolino identified the man as 39 year old "Robby Gilmore." She said that Gilmore was trying to collect rent money from her, but she had already made arrangements with the landlord. Neighbors say Gilmore was in charge of the living complex. On Saturday night the argument escalated, when he was chasing her around the pool area, then he hit Mascolino in the head and punched her in the face and broke her hand. Palm Springs police have released Mascolino, pending further investigation."


WA: Fatal shooting appears to be self-defense: "A 39-year-old man was shot and killed in front an apartment on McConnell Drive in Moses Lake Wednesday night. The victim and a second man went to the apartment where the shooting occurred. "It appears the deceased was looking for an unknown third-party. He did not find them," said Undersheriff Dave Ponozzo. "It's not gang related." Calls were made to 9-1-1 at 9:15 p.m. about a disturbance at the apartment in the Larson Housing Area, adjacent to Moses Lake. When deputies arrived, the victim was laying on the ground with a gunshot wound to the chest. The man died shortly after arrival at Samaritan Hospital. One of the men involved is cooperating with investigators and was not arrested nor named as a suspect. "We don't anticipate an arrest. There may be a self-defense claim by the individual," said Ponozzo. Investigators would like to speak to the third man, who fled the scene after the shooting.


Holder plays “shell game” at justice, should resign instead: "Today’s replacement of Kenneth Melson as acting head of the Bureau of Alcohol, Tobacco, Firearms and Explosives is a political charade by the man who really ought to tender his resignation, the Citizens Committee for the Right to Keep and Bear Arms said today. That man is Attorney General Eric Holder."

Sunday, September 04, 2011

There are SOME things that can get a good blogger down

Try blindness for instance. A complication of my recent surgery meant that I went nearly blind. So I had to go to hospital for a couple of days to put that in reverse. I am now just back from there and seem to be as good as ever. So I will be doing a bit of reading now and should be back to full-strength blogging tomorrow.

Thursday, September 01, 2011



TX: Resident takes shot at suspected prowler: "Just after 6:30 a.m. Aug. 25, a homeowner on Terry Street noticed someone wearing a gray hoodie, which matches the prowler's description, in his backyard. The Colony Police Department spokesman Lt. Darren Brockway said the resident then woke up his wife and told her to call 9-1-1 while he grabbed his pistol. "The resident opened the door to the backyard and the subject was running towards the fence. The resident then fired one shot in the direction of the subject," Brockway said. The suspect jumped over the fence and fled on foot. Officers responded to the scene but could not locate the suspect. Brockway said the suspect never entered the home and there was no evidence that he had been hit with a bullet. No charges are being filed against the homeowner from the shooting incident"


: Feds raid gun store in border smuggling case: "Federal agents raided a southern New Mexico gun store Tuesday morning and arrested the owner, his wife and their two sons on a 30-count indictment accusing them of smuggling guns across the border with Mexico. The firearms sold by the defendants included 27 AK-47-type rifles, three AR-15 rifles, two .50 caliber rifles, and two 9 mm pistols -- weapons favored by Mexican Cartels, according to a federal indictment."

Wednesday, August 31, 2011


A singular Solution to Many Problems

Chuck Norris

Loyal readers know that I have been calling attention to a range of Second Amendment issues in the past week. In last week's column here, I wrote about the scandals and illegitimate regulations emanating from the Bureau of Alcohol, Tobacco, Firearms and Explosives. In another outlet, I documented the threat to our rights that is posed by the United Nations' proposed arms trade treaty.

In response, I have heard from many readers who are understandably outraged. They want our federal law enforcement agencies to respect the law, not break it. They want our negotiators at the U.N. to protect our unique constitutional rights, not surrender them to some Utopian vision of global harmony. With apologies to the late Bill Buckley, my readers feel powerless to climb athwart the federal leviathan and yell "stop."

Those two issues are just the tip of the iceberg. Two landmark Second Amendment cases recently were decided by the U.S. Supreme Court. The first established that the Second Amendment indeed does provide an individual right to keep and bear arms and a restraint against the federal government. The second case applied that finding to state and local governments, as well. Both cases invalidated Draconian handgun bans. Both were decided by the razor-thin majority of 5-4. But neither case established a precise boundary of regulation that the court might find acceptable.

Now lawsuits have been filed across the country seeking to invalidate long-standing state and local restrictions. The National Rifle Association is coordinating a nationwide legal strategy to fulfill the promise of the recent Supreme Court decisions. These cases are bubbling up in different federal circuits, testing different limitations. Some of the cases are filed by choice; some are by necessity. They are all expensive, and they are all important. The court inevitably will accept one or more of these cases once a split between circuits becomes established. That much is virtually certain.

But it's unknown what that court will look like. Will it be the same 5-4 majority that finally has recognized our fundamental Second Amendment rights, or will it be a new majority, perhaps 5-4 the other way, seeking to not only uphold state and local gun restrictions but also effectively reverse the two recent decisions with death by a thousand cuts?

That question will be answered by President Barack Obama, with the advice and consent of the Senate. We are one heartbeat away from giving that decision to this president. We are one election away from virtually guaranteeing that the next president will answer that question, whoever that may be. And we are one election away from making sure that there are enough pro-gun senators to give him the right advice, if not consent.

So, what do we do? As I tell my readers, we all have the power to remedy these issues and more through a singular action. But we do not hold it as individuals; it only will work if we use it collectively. That simple action is to register to vote and then cast an informed ballot.

Too many gun owners and hunters aren't registered to vote. I know you're out there, and I've heard all the excuses. That's all they are, and they're not worth the paper to print them. We stand one short year away from the high campaign season in which voters will select our next president, 33 senators and all 435 members of the House. The Senate could change leadership with a swing of just four seats. And this could be another presidential election decided by a scant few hundred votes in a single key state. I've identified nine key states that will be important in both the presidential and senatorial elections. As honorary chairman of the NRA's "Trigger The Vote" voter registration campaign, I will be doing everything in my power to identify, locate and register gun owners and hunters in these states. No, I won't tell you which states they are, because I don't want you to think your state isn't important. It is; they all are. And every election matters, for all the reasons laid out above.

If you're not registered to vote, then just do it. Visit our website, at http://www.TriggerTheVote.org, for all the information you need to fill out the form, print it and put it in the mail. It's just that simple. And if you are registered to vote already, then find someone who isn't. Show him this article. Tell him that I know he's not registered to vote -- and I'm not happy about it.

Source




KY: Shooting of football player Daniel Covington self-defense: "Commonwealth's Attorney Dave Stengel said from the start he believed Daniel's shooting was done in self-defense. "He chased them down several blocks away and then really put a whipping on two of them," Stengel said. "We have the photos." Daniel Covington died after being shot at 2nd and Liberty Streets early on the morning of September 16, 2010. Police say Cunningham dove into the SUV of Isaiah Howes and started assaulting him and his brother, Joseph Vessels, believing one of them yelled racial slurs at him. Howes fired his gun, killing Covington. "At the beginning, there was a racial epithet thrown at Mr. Covington, which he had a right to be outraged by, but he still doesn't have a right to beat the snot out of anybody over it," Stengel said."


CA: Passenger With Crossbow Shoots Boy Throwing Rocks At Cars: "A 16-year-old boy who police said was throwing rocks at several vehicles was recovering Tuesday after being shot with a crossbow fired by someone inside a small sport utility vehicle, San Diego police reported. The victim and another boy were throwing rocks at vehicles about 2:15 p.m. Monday in the vicinity of Linda Vista and Mesa College roads, police said. Hassen said the boys got on a bus, and when they got off the bus, two young men in a black Toyota RAV 4 drove up. Someone in the SUV fired a crossbow, and an arrow hit one of the boys in the abdomen. He was treated at the hospital and is now at home, 10News reported. Police don't know yet if the Toyota had been hit by rocks. The two teenagers in it, described as 16- to 17-year-old Latinos, got away and were last seen heading south on Linda Vista Road."


"Fast and Furious” fallout: ATF boss reassigned; US attorney losing job: "The Obama administration on Tuesday removed or reassigned the top officials involved in a widely criticized U.S. operation to trace the flow of illegal guns into Mexico. 'Fast and Furious' was intended to gather information on how Mexican drug cartels use operatives in the U.S. to buy and smuggle guns across the border. Federal Alcohol, Tobacco and Firearms agents were instructed to watch -- but not to stop -- the illegal sales in the hope of gathering intelligence on how the smugglers worked. But in the process, hundreds of guns wound up in the hands of Mexican drug gangs."

OH: Federal Sting Nets Drugs, Guns

(Mansfield, Ohio) Federal undercover agents set up a storefront in Mansfield in a year-long sting operation targeting narcotics and weapons traffickers.

The operation concluded yesterday with a press conference at the Richland County Sheriff's Office.
The sting was a cooperative effort between U.S. Attorney Steven Dettelbach's office, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement and the Richland County Sheriff's and prosecutor's offices.

Agents seized 70 firearms, 1,316 grams of cocaine, 768 grams of crack, 1,099 oxycodone pills, 215 ecstasy pills, 199 vicodin pills, 5 grams of heroin and 36 pills of Aprazolam.

Federal and Richland County prosecutors indicted 64 people who sold and traded guns and drugs to undercover agents who ran a bogus storefront in Mansfield for more than a year.
The ATFE reportedly led the operation.

Tuesday, August 30, 2011


SC: Homeowner acted in self-defense in fatal shooting: "The 48-year-old man, who asked that his name not be printed, told sheriff's deputies that once he turned into his driveway on Cottage Mill Run about 10:45 p.m., he saw the car drive slowly past his home, turn around and drive past his home again before stopping. The man then heard someone running up his driveway. He got a pistol from his glove box and started to get out of his vehicle just as he was met by two suspects, who he told deputies were also armed and demanding money. "It was all probably a second," the man said Monday. "It was just so fast." Spartanburg County Sheriff's Office Lt. Tony Ivey said the homeowner was acting in self-defense when he fatally shot John Christopher Fowler, 28, of 572 Nature Walk Way, according to a written statement from the Spartanburg County Sheriff's Office. Fowler died at the scene. According to the sheriff's office, the homeowner is not expected to face criminal charges because he was acting in self-defense."


NH: Shotgun deterrent: "If you were suddenly confronted by a man wearing flip flops and holding a shotgun, you’d probably stop in your tracks. Not surprisingly, that’s what an alleged would-be burglar did last Wednesday morning. Peter C. Vaillancourt saw someone trying to break into the Professional Firefighters Association hall across the street from his house. So he grabbed his shotgun, walked outside, and told the man, “Why don’t you sit down right there until the police get here.” Vaillancourt never pointed his gun at the bad guy. He just displayed it, which, he said, was “intimidating enough.” It was a typical use of a firearm for self-defense or, more specifically, for the defense of others. The firefighters were thankful."


NC: DNA supports woman: "Tamera Bean is on trial in a murder case in Asheboro. She is claiming that she shot her boyfriend in self-defense. When the sheriff arrived, they found the boyfriend shot dead in the home, with a shotgun and several shotgun shells by his side. The state is claiming that Bean staged the scene to look like self-defense by placing the shotgun and shells beside the dead man. Naturally, the sheriff sent the gun and shells to the SBI crime laboratory for fingerprint and DNA analysis to determine whether Bean had touched the gun or shells. This was a good move. Unfortunately, the lab found no prints of value for comparison. They did find some "touch DNA" on one of the shell casings. This means they found skin cells left on one shell from when someone touched it. The good news for Bean was that her DNA was not on the shell, and the boyfriend's DNA cannot be excluded as the source of skin cells on the shell.


NM governor gets perfect score on renewal of her concealed-carry permit: "New Mexico's pistol-packin' governor is a sure shot. Gov. Susana Martinez received perfect scores on recertification for her concealed-carry permit over the weekend in Las Cruces. She scored 100 percent with both .38- and .45-caliber handguns, her staff said. Martinez's permit to carry a concealed handgun, originally obtained in 2009, was extended for another two years. She was a district attorney and a Republican candidate for governor when she first went through training and qualified to carry a concealed weapon. Her spokesman, Greg Blair, said Martinez's personal and professional experiences motivated her to arm herself. "Since she and Chuck both made careers out of taking on dangerous and violent criminals, she decided to get her concealed-carry permit for personal protection, especially when traveling alone or at night on the campaign trail," Blair said"

Monday, August 29, 2011



IL: Pawn shop owner shoots at robbers, killing one: "An investigation has been initiated after a Metro-East pawn shop owner shot at two robbers, killing one. Police said the robbery and shooting happened Saturday morning at the Pawn Pros pawn shop at the corner of 12th and State streets in East St. Louis, Illinois. Detectives said two men with a gun walked into the shop and demanded money and jewelry. As the robbers turned around to leave, the shop's owner shot at the two men, killing one. The other suspect made it out of the shop and ran down the street where he was later captured by police. Officers said the captured suspect had all the merchandise and money that was reported missing from the pawn shop." The case will be presented to prosecutors, but police do not expect charges to be filed against the pawn shop owner since he was protecting his life and property from the armed robbers."


PA: One robber dead; one victim wounded: "Detective Sgt. Steven Roberts of the Aliquippa police said witnesses relayed to police that Mr. Shakir, 19-year-old Jiwan Bailey of Penn Hills and another man went to Aliquippa with the intention of burglarizing a business. When that plan turned out to be "not viable," Sgt. Roberts said the men drove around the town. At around 2 a.m., they got out of their car and followed 26-year-old Lucien Roberts and 21-year-old Brian Elmore, encountering them in the 100 block of Fifth Avenue. At that point, police said, Mr. Shakir brandished a handgun and opened fire, striking Mr. Elmore in the arm and leg. Mr. Bailey charged Mr. Roberts, who had pulled out his own gun to return fire, and while the two tussled, Mr. Bailey was shot in the chest. He later died. Sgt. Roberts said Mr. Roberts will not be charged in the case because he acted in self-defense and legally possessed his weapon."


TX: Hammer-wielding robbery suspect shot in the buttock: "A robbery suspect at a Shell gas station on the city's Northwest Side wound up being shot in the buttock Sunday night by a customer who was a licensed hand gun owner. The suspect, 35-year-old Dustin Darsp, entered the station store in the 10100 block of Culebra Road with what appeared to be a handgun, San Antonio police Det. Roberto Bernal said. Really, it was a hammer no more than 6 inches long, draped in a black cloth or sock. “The robber still wanted the guy to believe he had a gun but ended up dropping it,” he said. “And as he was going to reach for it, the licensed handgun owner shot him in his left upper buttock.” Darsp was taken to Brooke Army Medical Center but did not have a life-threatening wound. The licensed handgun owner isn’t facing any charges for the shooting, which occurred around 9:30 p.m., Bernal added."


WI: Intruder killed by homeowner: "Police say they responded to a burglary call that turned into a fatal shooting. What prompted the gunfire is a question investigators are looking into. Police say 39-year-old James Babe was shot and killed. Investigators say the person living inside the home said Babe broke in, was stealing property and pointed a gun at him. That man told investigators he fired a gun at the intruder. Was his life taken, because of self-defense or a home owner's criminal actions? Police say they'll hand this case over to the District Attorney's Office. As with any shooting case the DA will consider the facts and make a charging decision." [More details here]

Sunday, August 28, 2011



The TSA dumbocracy

I went to board a flight at Tucson on Monday and checked in my guns in a secure case at the ticket counter like I always do. Usually I have to wait but they said they would page me if they needed me for anything. I proceeded to the TSA Security Theater festivities to have my bags and body violated and was stopped by an agent from the ticket counter and asked to return. The scan of my gun case indicated the weapon was loaded.

A loaded firearm has a round in the chamber by all gun community standards. We are addressing the legal definition here and not the assumption that all firearms are loaded for safety purposes. Search as I might, it was difficult to find a Federal definition for loaded but I did find this:

As typical legalese, this definition isn’t all that clear. Luckily, in 1996 the California Appellate Court ruled on the interpretation of “loaded firearm” in People v. Clark, (1996) 45 Cal. App. 4th 1147, 1152. Mr. Clark was arrested for allegedly having a loaded shotgun because, even though there were no shells in the chamber, there were shells in a compartment in the stock of the firearm. The court held that “attached in any manner to” the firearm was intended to encompass a situation where a shell or cartridge might be attached to a firearm or “loaded” for firing by some unconventional method.

The court said: “Under the commonly understood meaning of the term “loaded,” a firearm is “loaded” when a shell or car­tridge has been placed into a position from which it can be fired; the shotgun is not “loaded” if the shell or cartridge is stored elsewhere and not yet placed in a firing position.”

This certainly makes sense because imagine the difficulty of finding how a gun is loaded if the rounds are outside the firing chamber whether in a magazine, in someone’s pocket or at your house while you are in your car. There is no one definitive answer to the question as is the way in American jurisprudence. But People v. Clark (1996) is now considered case law even by CA criminal code so the round must be in the chamber for the weapon to be considered loaded.

You will find most training facilities are very specific about the command of load which means a round in the chamber. My weapon was not loaded by any conventional definition. There was a loaded magazine in the well but no round in the chamber which apparently constitutes a loaded weapon in hoplophobic circles. I have traveled the gun in this configuration dozens of times. The TSA clearly state no loaded weapons and I abided by the accepted 1996 CA Appellate Court ruling. A Glock has three safety features in it that prevent it from firing unless the trigger is pressed. With no round in the chamber in a locked gun case, it is not possible for the firing pin to fire a round and therefore the weapon was safe in addition to the presence of other rounds in magazines secured in magazine carriers in the case with the gun per the TSA’s own regulations. The simplest fix is to clearly state no magazines in the weapon for travel instead of this bureaucratic doublespeak that is unclear and silly. This being modern America, the Tucson Airport police were called to file a report on a “loaded” weapon in a case.

They were very cordial, and in fact, seemed a bit embarrassed to be called for such a mundane and obtuse non-violation. They even pointed out it was not even actionable in the state of Arizona. The police then removed the magazine, placed it in the case and ensured no round was in the chamber. Two TSA drones came with the cop because “they were not pleased” a loaded firearm was in the case. I tried to explain the firearm was in an unloaded condition but it appeared I might as well be explaining quantum mechanics to a house cat. I had recently watched Idiocracy yet again and it appeared to be casting call for the movie. No comprehension appeared and regulations were regulations. Much like stop signs in America, the regulation was birthed in ignorance, served no explicit purpose for safety. It defied the common sense usage and lexicon of guns across the fruited plain.

This is not the first time this has happened and the TSA is usually fairly hostile to gun owners lawfully transporting their firearms on trips. They simply don’t understand their own regulations and they change and interpret them with the alacrity they execute their security theater – a clown posse whose entry standards for employment are below that of fast food franchises and whose professional standards match the legendary laziness their public behavior consistently portrays. One almost feels as if they are picking on gun owners but parents are just as despised; just watch the behavior of the TSA to child carriers of all types and the doctrinaire institutionalization of child molestation as adults in uniforms grope children in areas that all other adults would be arrested for and classified as sex offenders if convicted.

I remain free now but who knows what the future portends.

More here




AR: Off-Duty Trooper Shoots, Kills Intruder: "A burglar is dead after being shot while breaking into a home in Sherwood. Sherwood Police say the man was confronted by an armed Arkansas State trooper who lived there and had been woken up by the sounds of the break-in. It's not yet known if the trooper, who works the overnight shift, fired any other shots, or if the suspect had a weapon. Pulaski County Prosecuting Attorney Larry Jegley was on the scene shortly after the shooting. It is protocol for Jegley's office to investigate the scene of an officer involved shooting, and he will make the call on whether or not the shooting was justified."


Feds prosecuting man who killed bear in self-defense: "Idaho Gov. C.L. "Butch" Otter told the Obama administration this week that a northern Idaho man accused of shooting a grizzly bear had the right to defend his family against the animal. Jeremy M. Hill, a 33-year-old Porthill man, pleaded not guilty to the federal charge Tuesday. Supporters say the bear wandered into his yard where his kids were playing; his attorney said they will argue self-defense and family protection. The Coeur d'Alene Press reports that in a letter to Secretary of the Interior Ken Salazar, Otter wrote that he recognizes the federal jurisdiction under the Endangered Species Act, but he strongly supports the rights of individuals to defend themselves. He said Hill did what any parent would do, and the government should allow people to defend their loved ones."


North Carolina Governor Declares Every Concealed Carry Permit in eastern NC Invalid Due to Hurricane Irene: "Thanks to a brain-dead state law foisted upon us by a Democratic state legislature (N.C. Gen. Stat. § 14-288.7), every time the governor—in this instance, Democrat Beverly Perdue—declares a state of emergency, it is illegal from that moment onward to carry a concealed weapon until the state of emergency has been declared over. We've dealt with this bit of Democrat-generated stupidity before. Governor Purdue made this declaration while the state was at work, meaning everyone who has a carry permit and lives east of Interstate 95 who was away from home instantly became a criminal by proclamation. If we look at Google Maps, that means that a carry permit holder in Wilson dining at the Cracker Barrel is perfectly legal, but the permit holder a block to the east filling up on gas at the Kangaroo Express is now a criminal."

Saturday, August 27, 2011


"Progressive" folly over gun control

I've always been curious how American progressives got on the wrong -- anti-civil liberties -- side of gun control. In my mind this has been a grave strategic error. I have written elsewhere about the extreme difficulty liberals and progressives face in engaging the working class. I have also been highly critical of their tendency to get sucked into "lifestyle" campaigns (anti-smoking, anti-obesity, vegetarianism, etc.) etc., owing to the deep seated class antagonism this engenders in blue collar voters. Contrary to the stereotypes portrayed in the corporate media, class differences -- and class hatred -- are very real in the US. From a working class perspective, the progressive movement is the middle class. They're the teachers, social workers, psychologists, doctors, lawyers and religious leaders who play a fundamental role in setting behavioral standards for the rest of us. Thus when they tell us not to smoke, eat big Macs, or buy guns, we don't see this as political reform. We see it as an extension of their (privileged) class role.

For a progressive to take a stand against gun control is a pretty lonely place. There's a 1979 book edited by Don Kates entitled Restricting Handguns: The Liberal Skeptics Speak Out. There's also an organization called the Liberal Gun Club whose mission is to "provide a voice for gun-owing liberals and moderates in the national conversation on gun rights, gun legalization, firearms safety, and shooting sports."

Then there's Sam Smith's excellent article in the Progressive Review: Why "Progressives Should Stop Pushing for More Gun Control Laws." Among Smith's numerous arguments, three leap out at me: the exacerbation of "cultural conflict" between rural and urban and wealthy and not so well off, the tendency for gun restrictions and prohibition to be interwoven with the drive to restrict other civil liberties, and the need for progressives to stop treating average Americans as though they were "alien creatures." Smith also makes the point that progressives lose elections as much because of their attitudes as their issues.

In January (following Representative Gifford's shooting and renewed calls for gun control), Dan Baum wrote in the Huffington Post that progressives have wasted a generation of progress on health care, women's rights, immigration reform, income fairness and climate change because "we keep messing with people's guns." He feels it's helpful to think of gun control as akin to marijuana prohibition -- all it does is turn otherwise law-abiding people into criminals and create divisiveness and resentment.

More here




TX: Robbery thwarted by neighbor: "A 19-year-old man has been sentenced to 20 years in jail after he and a juvenile accomplish put a gun to the head of a 72-year-old man during an attempted driveway robbery. The defendant and a juvenile approached a 72-year-old man in his driveway at 5 a.m. As the juvenile held a gun to the victim’s head and demanded his wallet, Henson ransacked his pickup truck looking for valuables. The robbery was thwarted when a neighbor witnessed the crime from his bedroom window and came outside with his pistol – firing two shots in the air. Another neighbor, hearing the shots, came out brandishing a shotgun. The neighbors disarmed the juvenile and detained both suspects spread-eagled on the ground until Houston police arrived. The jury deliberated only 15 minutes before finding Henson guilty of aggravated robbery, said Strange."


TX: Dollar store manager uses gun to fight off robbery suspect: "Police arrested a suspect who attempted to rob a dollar store on Friday, but was scared away by the manager's gun. It happened at the Giant Dollar store in the 9400 block of North Freeway around 10:30 a.m. Police said the manager was on the phone at a register when he saw the masked suspect enter the store with a knife. “He tried to hit me like this,” said Joseph Wong. “I protect myself and keep bending, bending and he can not reach my chest over here.” Police said the suspect then took off, but as they chased him, he turned back. Wong pulled out a gun from behind the counter and fired a shot in the air. The suspect was not hit and fled the scene. He was later tracked down by a police dog and brought into custody."


Amazing: Colorado burglar's family awarded $300,000 in wrongful death suit: "An El Paso County jury on Friday awarded nearly $300,000 to the daughter of a burglar who was fatally shot in 2009 while breaking into an auto lot. Fox, 20, was shot after he and a friend scaled a fence to get inside Southwest Auto Sales at 2444 Platte Place in the city’s Knob Hill neighborhood. According to the accomplice, Brian Corbin, they had smoked methamphetamine and were looking to steal anything to buy more drugs. Corbin testified he saw two armed men charge out of a building and run in their direction, one of them shouting “we’re gonna get you” in an obscenity-laced threat. Corbin, who escaped by climbing over a car and jumping a fence, said he felt a bullet pass by him as someone fired four gunshots. Fox was standing inside a small shed when a .45-caliber rifle bullet passed through the shed’s door and pierced his heart. Police said in a 145-page investigative report that the intruder had knives in his pockets and one strapped to his ankle, but never posed a threat to Milanovic or the other men, his father Ljuban Milanovic and brother-in-law Srdjan Milanovic."

Friday, August 26, 2011

WV: Customer shoots robber: "The Mercer County Sheriff's Department has identified the suspected robber shot dead by a customer in a Bramwell convenient store -- and arrested his wife in connection with the robbery. Authorities say the robbery occurred shortly before midnight Monday at the Pop Shop convenience store in Bramwell. Police say 41-year-old David Douglas Roberts entered the store wearing a mask and pointing a shotgun. While in the process of stealing several hundred dollars, Roberts was shot by a customer in the store who was carrying a firearm. Roberts died en route to Bluefield Regional Medical Center. The customer was licensed to carry a concealed weapon. Roberts' wife, 31-year-old Jessica Roberts, was arrested Tuesday afternoon and charged with conspiracy and armed robbery. She was being held on $100,000 bond."


WA: Gun pulled on aggressive ex-boyfriend: "The new boyfriend told police that the 37-year-old had "pestered" the couple about a key he needed to get into the home's basement. When they cracked the door open, he "pushed and kicked" his way in. The new boyfriend said he feared for his own safety and the woman's, and he noticed the 37-year-old holding a black object — later determined to be a cellphone. He also was "aggressive," so the boyfriend pulled a gun and told the 37-year-old to leave. Once he did, they called 911 too, reports said. Police determined the new boyfriend was acting in self-defense and took the 37-year-old to the Kitsap County jail on suspicion of residential burglary."


WA: Arlington man who fatally shot burglar gets 12 years for murder: "Earhart shot Ryan Rzechula in the back on Nov. 16, 2009. Earhart, 39, encountered Rzechula about three hours after a break-in at his Arlington house, a quarter-mile away. Earhart had gone looking for the burglar and his wife's missing jewelry. He suspected that Rzechula, 25, was responsible for the break-in and called 911. Prosecutors alleged that Earhart shot the unarmed man as he was running away, ignoring Earhart's commands to stop. Rzechula died in a creek bed. His body was discovered two days later. Detectives found jewelry in his pocket that was stolen from Earhart's house. Jurors last month convicted Earhart of second-degree murder under a felony murder theory. They concluded that Earhart committed assault by pointing a gun at Rzechula. In the course of that crime, Earhart killed the Stanwood High School graduate."


NY: Aggressive ex-soldier chased off: "The sheriff’s department alleges that following an exchange of words in the tavern, Mr. Olson went for his gun and fired it at Clayton D. Blake, 26, West Carthage, and Kody Heukrath, 25, Deer River. He and his wife then rode away on their horses, and the following morning, Mr. Olson was arrested at his home. Mr. Blake, in a statement he gave the sheriff’s department the morning of the arrest, said that after Mr. Olson discharged a gun that “appeared to be a novelty cigarette lighter,” he, Mr. Blake, grabbed a Ruger from his truck, “where the guy was circling around on his horse with his gun still in his hand, pointing the gun in our direction. That’s when I fired one shot in his direction. I did not hit him ... because I wasn’t aiming directly at him.” Detectives said they believed Mr. Blake fired his gun in self-defense, Sheriff Burns said, and for that reason, he is not being charged."

Thursday, August 25, 2011


Legislation Will Protect Gun Rights on Army Corps of Engineers Land: "Gun Owners of America is working with several members of Congress to repeal a gun ban on land controlled by the U.S. Army Corps of Engineers. Currently, guns are prohibited on Corps land, even when firearms possession is otherwise allowed by state law. Rep. Bob Gibbs (R-OH) introduced legislation—the Recreational Lands Self-Defense Act (H.R. 1865)—to allow state law to govern firearms possession. The Gibbs bill, as well as the Gosar amendment, is modeled after a similar measure that became law in 2009 affecting National Park Service land. Army Corps of Engineers land was not part of that bill, something the Corps was quick to point out after that law took affect."


Hawaii Government Sued Over Restrictive Firearms Laws: "The non-profit Hawaii Defense Foundation has filed a lawsuit against the Honolulu Chief of Police Louis Kealoha, the Honolulu Police Department and the City & County of Honolulu as well as the State of Hawaii and Gov. Neil Abercrombie for violating the Second and Fourteenth Amendments of the United States Constitution. The complaint, which was filed in Hawaii's U.S. District Court by attorneys Richard Holcomb, Alan Beck and Kevin O’Grady, argues that Hawaii’s license to carry firearms statute as well as Hawaii's other firearm regulations, are unconstitutional. Hawaii is a "may issue" rather than "shall issue" state, which means that police chiefs that provide concealed and open carry firearms permits may issue them at will. This is different that shall issue states, where the government must provide concealed carry permits so long as the applicant passes all background checks and has no history of mental illness."


MI: Pharmacist who shot at robbers sues Walgreens for firing: "After he foiled a robbery by pulling a handgun out of his pocket, Benton Harbor pharmacist Jeremy Hoven said he was fired from his job at Walgreens. Now, he's fired back with a federal lawsuit against Walgreens alleging wrongful termination. He filed the lawsuit in U.S. District Court in Grand Rapids this week, the latest development in the controversial case. He said he had a right to act in self-defense and in defense of others. Hoven was working around 4:30 a.m. on May 8 when two masked gunmen entered the store on Napier Avenue. He started to call 911 when a gunman jumped the counter and pointed a handgun at him. “Hoven observed the gunman's finger jerking on the gun's trigger as it was pointed at him and he (Hoven) immediately backed up and drew his concealed handgun,” his attorneys said. Hoven then fired his handgun several times in self-defense and in defense of his co-workers"


London Refuses Kids Tickets To Gun-Related Olympic Events: "Schoolchildren in London are eligible for 125,000 free tickets for the 2012 Olympics next Summer, but any event that involves a firearm will be excluded from the massive giveaway. Why, you ask, would anyone choose to hide storied events and world class competitors from children’s eyes? Because City Hall and Olympic Organizers are afraid of an anti-gun backlash. That’s right — the powers that be in London won’t subject kids to such bloodsports as Skeet and Trap shooting. In supporting the decision to discriminate against Olympic gun events, Danny Bryan, founder of Communities Against Gun and Knife Crime, told the Evening standard he agrees with London Mayor Boris Johnson, and that “It is good kids should enjoy the Games but there’s no way we should glorify guns.” Implicit in this anti-gun activist’s statement is the highly dubious connection between watching Olympic level marksmanship and crime."

Wednesday, August 24, 2011


Operation GunWalker so far

Note there was much comment about this on conservative blogs long before it became generally known

The weapons seem to have been sent to Mexico for one reason only; to be used in crimes. When the weapons were discarded at crimes scenes--which gunmen frequently did to avoid to being tied to specific murders via ballistic forensics--the recovered weapons were traced by the BATF and used to manufacture evidence to support President Obama's dishonest claim that U.S. guns stores were the primary supplier of cartel weapons. The President and federal law enforcement agencies reporting to him seemed to be working on gun control "under the radar," indeed.

The gun-running operation came to an end only after a U.S. border Patrol Agent was gunned down in a firefight, and two of the weapons were traced back to the operation, at which point whistleblowers within the BATF came forward to expose the plot.

It has been more than six months since Operation Fast and Furious was exposed, and during that time the federal law enforcement agencies involved in the scandal have participated in what appears to be a high-level cover-up of the operation, and one that the Obama Administration and their allies in the media are desperately trying to contain. They are using a number of methods, including attacking congressional investigators, stonewalling requests for information, and controlling individual employees inside the operation by recalling them to Washington and putting them in desk jobs where they can be more easily monitored.

Despite the stonewalling attempts of the Administration, it is becoming increasingly difficult to hold up the preferred narrative of a localized law enforcement operation gone horribly wrong.

The mainstream media and the White House are eager to portray Operation Fast and Furious as a solitary and limited operation that was the responsibility of a small band of BATF misfits in Arizona, backed by an overzealous U.S. District Attorney.

While the Administration has continued to push that story, emails confirm that every director of a law enforcement agency within the Department of Justice was briefed on the scheme from the beginning, and that FBI criminal informants were part of the plot.

More here




Miss.: Woman who killed violent boyfriend released: A woman accused in the stabbing her boyfriend was released from jail on Monday, the Hinds County Sheriff said. Joe Lavell Dixon, 34, was stabbed Saturday night at a home on Dixon Road in Utica, officials said. Hinds County investigators believe Shemeka Ford, 26, who was arrested Saturday in connection with Dixon's death, was acting in self-defense. We've had calls there before," Hinds County Sheriff Malcolm McMillin said. "It's an ongoing situation and everybody in that community is aware of it." "This is one of those cases where after the district attorney looked at it long enough, he said he would not bring charges against her," McMillin said. "Essentially, she will just walk free."


GA: Man shot in face at apartment complex: "Gwinnett officers are investigating a shooting that took place at Landmark at Bella Vista Apartments Tuesday afternoon. Police say a man was shot in the face around 2:15 p.m. A caller reported hearing gunshots and saw a man lying on the ground outside. The victim was taken to the hospital and is expected to survive his injuries, according to police. Responding officers and detectives, with the assistance of Suwanee Police Department, located the shooter. The man was arrested, but officers did not release his name. Investigators say it appears the shooting may have occurred in self-defense, but the shooting is still under investigation."

Tuesday, August 23, 2011



Miss.: Store Owner Shoots Man During Attempted Robbery: "About 10:09 p.m. Sunday, a masked man armed with a gun jumped out from behind a trash bin in the parking lot of the N.S. Food Mart at 4626 Hanging Moss Road and tried to rob the owner of the store, police said. The store owner then pulled out his own gun and fired five or six shots, police said. He thought he shot the man, but wasn't sure, police said. The man ran from the scene, police said. Later, Christopher Seaton, 31, showed up at the University of Mississippi Medical Center suffering gunshot wounds to the armpit, right hand and left ankle, police said. He was listed in critical condition on Monday, police said. Seaton was has been charged with attempted armed robbery of an individual"


UT: An unreasonable prosecution: "When Steve Strate walked up the stairs from the basement of his mother-in-law’s Orem rambler on Oct. 25, 2009, he put his .380 handgun on the porch and called 911. In a cool tone, he informed the operator he had just killed his brother-in-law, Marvin Sidwell. “He came at me with a damned chair.” The Utah County Attorney’s Office charged Orem-based contractor Strate with murder. At his preliminary hearing on March 24, 2010, Strate’s attorney, Ron Yengich, pointed out that not only had the enraged 51-year-old Sidwell threatened his neighbor and his sister—Strate’s wife, Linda—he also had methamphetamine in his system, potentially amplifying the aggressiveness of a man his own mother, 79-year-old Lavern Sidwell, in court described as “paranoid.” Police found Sidwell on his back, with multiple gunshot wounds, and a 6.8 pound steel stool just above his outstretched hands"


GA: Man Reportedly Shoots Brother-in-law in Self Defense: "The shooting of an Oconee County man around 8 p.m. Sunday in the 1100 block of Watson Springs Road might have been an act of self defense, according to new details released by authorities Monday. When deputies arrived on the scene, two boys, 12 and 5 years old, told them James Eric Hester, 32, had been threatening people at the residence and had fired shots into the air, said Chief Deputy Lee Weems of the Oconee County Sheriff's Office. It appeared to deputies that Hester had been drinking, he added. Brian Bowden, 31, came out of the house and told deputies he shot Hester, Bowden's brother-in-law, once in self defense with Hester's gun inside the home after Hester had tried to stab him multiple times with a knife, Weems said. Hester, who deputies found on the ground in the yard, was taken to Athens Regional Medical Center and treated for a single, non-life threatening gunshot to the abdomen. A knife was found on the front porch, an incident report noted. Witnesses, all family members of the men, backed up Bowden’s assertion of self defense"


W.Va.: Man shoots and kills robber; gets charged: "Logan Police say Jesus Canul, 26, of Logan, was approached by David Abbott, 37, in the parking lot of the Walmart at Fountain Place. Bert Davis, who watched the whole thing happen, says Abbott "wrapped him around his neck and said, 'Give me all your money, or give me your wallet or I'm going to cut your throat.' " Davis says Abbott repeated that two or three times. He finally got the wallet and turned to go. That's when his victim pulled a gun out. Davis says Canul "cocked (the gun) back and pointed at that guy's head. And, he got three steps, and that boy shot him." Police say Canul had a legal permit to carry a gun and confirmed the story about him being robbed. Police say Abbott was dead by the time he got to the hospital. They've charged Canul with murder."

Monday, August 22, 2011



MD: Off-Duty Guard Shoots Robber: "A 20-year-old man is recovering after a shoot-out with an off-duty security guard. Police said they were called to the 3600 block of Dolfield Avenue about 2:51 a.m. Saturday in response to a shooting. Officers said they found the security guard at the scene, saying he had just been robbed. The off-duty guard told police that the robber drew a gun during the incident. The guard said he drew his gun out of fear for his life. Police said the robber then started shooting at the guard who fired back in self defense. Officers said the robber then sped off in a vehicle. Detectives said the robber was found in the 1900 block of Dukeland Street with a gunshot wound to his shoulder. Police said he was taken to a local hospital for treatment. Officials said the guard was not injured during the robbery."


Is now the time for a castle law in Britain?: "At a time where home and small business owners face a real threat of violence towards themselves and their property, and when police resources are increasingly stretched beyond their limits, better defined rights of defending personal property would offer peace of mind as well as a definitive deterrent to would-be criminals. Rather than questioning what constitutes 'reasonable force' we would be safe in the knowledge that if we were to ever be put in the terrifying situation of facing an intruder the law would offer us the absolute upper hand."

Sunday, August 21, 2011


NV: Two burglars shot: "Police say around 3:30am Friday, they were called to Virginia and Artemesia Streets, told of a man with several gunshot wounds. He was taken to a hospital with life-threatening injuries. Police say that man, Jonathan Rogers, is one of three men who broke into a home on Bartlett Street, on the other side of the UNR campus. They believe the homeowner shot Rogers, who ran through the campus and onto Virginia Street, where he collapsed. The second suspect, Guy Ruiz, also ran off, apparently not hurt, and is still on the loose. The third suspect, Robert Marin, was apparently held at gunpoint by the homeowner for several hours. Police say the homeowner was somehow injured over the course of the incident and was unable to call police or go for help. After several hours, the two men fought and the homeowner shot Marin, giving the homeowner a chance to call police. Rogers remains in an area hospital in critical condition, Ruiz is still on the loose, and Marin is being treated for his wound. The homeowner's name hasn't been released."


Mississippi Rep. fights for gun rights: "First District U.S. Rep. Alan Nunnelee is making his pro-gun rights message known by sponsoring five bills in Congress dealing with the Second Amendment. The bills include measures to ease interstate firearms business, reform gun control restrictions in Washington and make it easier to collect guns. "As a strong defender of the Second Amendment, I am pleased to co-sponsor these legislative measures that will remove unnecessary restrictions on firearms and eliminate harsh gun control laws. The right to bear arms is a fundamental right that is assured to every law abiding citizen, and as a member of Congress I will continue to fight for this right," Nunnelee said in a statement."

Saturday, August 20, 2011



Detroit: Teen robbery suspect dies in shootout with retired police officer: "A shootout between a teenager trying to rob a busy Detroit McDonald's and a retired Detroit police officer ended in the teen's death Friday afternoon, police said. Police said the 16-year-old entered the restaurant at McNichols and Livernois with a gun about 2:45 p.m. and attempted to rob the business before the retired officer intervened. Several shots were fired, and employees and customers were seen sprinting out of the store. Those at a nearby barbershop watched emergency workers load the shirtless teen from the floor of the store, just inside the door. Lt. Dwane Blackmon of the Detroit police homicide unit said the incident was under investigation, and it was unclear whether the teen died at the restaurant or the hospital. The retired officer was uninjured."


Calif man acquitted of fatally shooting 3: "A San Bernardino County jury has acquitted a man of shooting to death three people in connection with a 12-year feud between him and his neighbor. The jury deliberated for two days before finding 57-year-old Dennis Flechtner not guilty of murder on Friday. He was released after the verdict. During trial, Flechtner testified that he shot Angela Leird, Adam Owen and Robert Light in self-defense in 2009 when they approached his property in the dark. The only surviving witness of the shooting testified that Flechtner was arguing with the three victims when he pulled out his gun and shot them. Prosecutors say Flechtner, whose backyard in Phelan faced Leird's, got into a dispute with his neighbor over their property line in 2006."

Friday, August 19, 2011

LA: No prison for man who shot graffiti writer: "A Lafayette man convicted of manslaughter for killing his former neighbor during a case in which he claimed he killed the victim in self-defense will not spend any time behind bars. District Judge Edward Rubin sentenced Jerry Steinle, 62, on Thursday for killing David Trahan, 40, of Lafayette, on Dec. 10, 2009. Rubin sentenced Steinle to three years of hard labor, suspended, and two years of unsupervised probation, according to Steinle's attorney, Thomas Guilbeau. On the day Trahan was killed, he was defacing a door on Steinle's house in the 300 block of Rena Drive when Steinle caught him in the act. An argument resulted, and Steinle pulled a gun and shot Trahan three times, including twice in the chest. At that time, Trahan was using a felt-tipped pen to write a defamatory message on Steinle's door. Trahan had also previously vandalized Steinle's home with another defamatory message."


Johnny Appleseed takes Manhattan: "Project Appleseed is a rifle training course combining marksmanship with a civics lesson. 'Good shooting requires learning positive traits such as patience, determination, focus, attention to detail, and persistence,' their website declares. 'Since these skills are likewise key elements of mature participation in civic activities, we urge our students to take what they have learned about themselves as marksmen and apply it to their participation in their communities and in the wider American society in accordance with their own choices about how Americans should govern themselves.'"


Are you authorized to defend yourself?: "What will you do if rioting sweeps US cities as it did British ones last week? Vigilantism is defined as 'Taking the law into one's own hands and attempting to effect justice according to one's own understanding of right and wrong.' Typically, it occurs when traditional law enforcement is absent, ineffective, or corrupt. When exercised in defense of person and property, vigilantism is the direct expression of an individual's right to protect himself or innocent others against aggression."