Monday, August 10, 2020

AZ: Domestic Defense, or not? Police Investigate Chandler Shooting


Reports of gunshots broke out soon after the call and arriving officers found a 35-year-old Phoenix man that police identified as Ben Beasley, with a gunshot wound. He was taken to the hospital where died from his injuries an hour later, police say.

Police learned that Beasley was assaulting a woman inside a home that led to an fight outside the home.

A juvenile at the home allegedly gave the the handgun to the woman after she asked for it, police say.

 

More Here

Sunday, August 09, 2020

FL: Followup Bernard St. Pierre shooting of George Addison considered Self Defense by Prosecutors

 There is video at the site. The large, mucular man with the torn shirt is Bernard St. Pierre. The woman is George Addison, sometimes known as Cleo.

Prosecutors ruled that Bernard St. Pierre could not be prosecuted for fatally shooting George Addison, who was armed with "stun-gun knuckles" during a fight in July 2020. He was cleared under Florida's Stand Your Ground self-defense law.


Read more here: https://www.miamiherald.com/news/local/crime/article244777317.html#storylink=cp

More Here

Saturday, August 08, 2020

OK: Disarm, Tulsa Homeowner takes gun from Intruders, Shoots both of Them



The homeowner said his dog’s barking alerted them to the intruders’ presence. Despite being pistol whipped, the homeowner told investigators he managed to take the gun away and shoot both intruders.


The man found in the bedroom, who remains unidentified, was taken St. John Medical Center and was pronounced dead later Friday morning. The homeowner was reportedly hospitalized with head injuries.


More Here

WA: Poulbo Homeowner Shoots, Kills Man who Crashed Jeep, Attempted Forced Entry



There were no serious injuries reported from the crash, but Rose reportedly ran from the scene to a nearby property where he attempted to enter the house. Deputies say a confrontation ensued between the driver and the homeowner that ended when the homeowner fired several shots from a handgun at Rose, who was later declared dead at the scene.


More Here

Attorney of Driver in Austin Shooting Releases Details Confirming Self Defense

Daniel Perry, Driver who fired in Self Defense at Austin Protest July, 2020
Image of Daniel Perry from press release, cropped and scaled by Dean Weingarten


There are new developments in the shooting case where a driver show a protestor who was armed with an AK47 type rifle, as his car was swarmed by the crowd of protestors. The following is a press release from the attorneys of Daniel Perry, who has identified himself as the driver who shot Garrett Foster on the evening of 25 July. This account tells what happened from the veiwpoint of Daniel Perry. From the press release:


F. Clinton Broden and Broden &Mickelsen issue the following statement on behalf of our client, Daniel Perry. 

Daniel Perry is an active duty sergeant with the United States Army. He is a former Eagle Scout from the North Texas area and served our country proudly for the past eight years. Sgt. Perry served a tour in Afghanistan and has been the recipient of numerous army awards and commendations. 

On the evening of July25, 2020, Sgt. Perry was in Austin, Texas driving for a ride share company in order to earn extra money. He had dropped his client off in the vicinity of Congress Avenue. He was then going to proceed to a“hot spot” in order to wait on notification to pick up another client or to pick up food for delivery. Sgt. Perry made a right onto Congress Avenue from Fourth Street and encountered a throng of people in the street. Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place. 

When Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perryto lower his window. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command. After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life.

Immediately after Sgt. Perry fired on the individual who raised the assault rifle toward him, a member of the crowd began firing on Sgt. Perry’s vehicle. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and fully cooperated with the police following the shooting and he continues to do so. 

We urge the public to allow the police to conduct a full investigation. We also need to correct statements that have been reported by the press. First, Sgt. Perry never left his vehicle preceding or immediately following the shooting. Second, Sgt. Perry did not “flee” but immediately called police upon getting to safety. Finally and most importantly, police have interviewed witnesses who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perrys life. 

Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr.Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts. The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car. We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening.
This is very close to the speculation put forward from the available facts, published in AmmoLand on July 29. From that article:
Consider the position of the driver. He is driving on public streets, and is blocked by a mob of numerous persons who angrily beat on his vehicle. He is where he has a right to be; they appear to be breaking the law. He says a person with an AK47 pointed the rifle at him. Several people in his position have bein shot, shot at, or dragged from the vehicle and beaten.
When governments allow people to block the public right-of-way, without normal precautions, tragic situations are all too likely to occur. Whether it is a driver striking protestors who run in front of him on a dark freeway where they have significantly reduced access, or protestors who stop vehicles and beat innocent occupants, or when protestors shoot at vehicle occupants to enforce their will; when protestors shoot drivers, these events are made possible by governments who are complicit with the protestors in blocking normal access, for political purposes.

Blocking streets without notice, is not a peaceful assembly. It is a form of political intimidation.

The Left continually attempts to portray these incidents as "drivers attacking protestors". Examined closely, that is almost never the case. It is the drivers who are the innocent victims, caught up in a no-win situation by a hostile mob who feel entitled to disrupt other people's lives.

The ability to travel freely, in relative safety, is a hallmark of civilization. The ability to block public right of ways without legal consequence, is evidence of a breakdown of the civil order, of anarchy and mob rule.

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

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Friday, August 07, 2020

FL: Domestic Defense, son Shoots Father who Attacked Mother

Lance Weindel, 42, died Sunday evening after being shot at his home on Lake Silver Road, according to the Sheriff’s Office.

His 21-year old son told deputies that it happened after his father attacked and began choking his mother following an argument over sweet tea.


More Here

Thursday, August 06, 2020

OR: Elderly Homeowner Shoots Femail Intruder

"Officers were advised an elderly male homeowner was associated with the residence and a female was involved and may still be in the garage," police said Monday in a news release. As officers were responding, police said they learned that the homeowner had shot the woman.

The woman was transported to a hospital for treatment of her injuries, which did not appear to be life-threatening, according to the Portland Police Bureau.


More Here

Wednesday, August 05, 2020

NY: Off Duty Officer stops Man from Stabbing Woman



According to police, the officer was off-duty Thursday night at his home on 17th Street in Troy, when he heard a domestic incident upstairs. He went to investigate, and discovered a 26-year-old man in the process of stabbing a 25-year-old woman.

Police say the officer repeatedly told the man to back off, before eventually firing a shotgun, stopping the stabbing.

Tuesday, August 04, 2020

80 % Silencers Today



In the first part of this series, I wrote about the history of silencer criminalization, about how a simple safety device, relatively easy to make at home, was made into contraband. Contraband where mere possession can result in some of the heaviest criminal penalties in the federal sentencing guidelines.

Silencers are easier to make today, than at any previous time in history.

The process to pay the draconian tax required to make a silencer is easier today, than at any time in our history.

The potential penalties for possession of a silencer, without the payment of the tax, are draconian.  Federal guidelines call for a minimum sentence of 27 months in prison, without parole. The potential fine is $10,000. The maximum sentence, if the silencer possession coincided with possession of drugs with intent to distribute, is 30 years in prison without parole, and a $250,000 fine.

The time required to build one consists of the wait time for the Form 1 processing and a couple of days or hours to build the silencer.

 The wait time to follow the bureaucratic procedures to purchase a silencer (not to build one) has been stretching out to several months.

Time to get an approval for a Form 1, over the Internet, is reported to be about 2-3 weeks. The wait time has likely increased in the last two months as the record breaking surge in firearms sales has continued.

These facts considered together, have led to a boom (or should we say a "whisper"?) in legal homemade silencers.

As of August, 2020, there are almost certainly over two million legal silencers in the United States. There were over 1.75 million as of May of 2019, more than a year ago. From April 2017 to May, 2019, the number of legal silencers increased by 390,000.  The increase is likely higher than 200,000 a year in 2020, as shown by the record breaking firearm sales.

As shown by BATFE records, about 10 - 20 percent of the legal silencer increase is from people making their own silencers, using an ATF Form 1 to meet the regulatory requirements.

The sequence to legally make your own silencer is this:

Send in the completed form 1, fingerprint cards, and payment of the $200 tax to the BATFE.  Pay attention to details. The link shows how to do it.

Wait for approval of the Form 1, and the Tax Stamp form.

When you have been approved, make the silencer.

There is no time limit for completing the silencer build.

You do not need to send in a diagram.

The Form 1 will require the overall length of the silencer you intend to build.  It will require the caliber.  That may be the hole in the end of the silencer. The hole size does not appear to be critical, according to discussions on the Internet forums.  The Form 1 will require the proposed model number and serial number.  It will require the name and address of the proposed manufacturer. The Form 1 does not require any photographs of a silencer, but it does require a photograph of the manufacturer (passport type photo).

There are several ways to make your own silencer.

1. Machine everything from scratch. This is not difficult if you have a lathe and experience in using it.

2. Purchase a solvent trap or military pill container or fuel filter which has a number of features in their existing, legal form which are  useful in the production of a silencer.  Then, complete the machining, which consists primarily of drilling holes. Assemble the components into a legal silencer.

These items, which amount to "80% silencer kits", are available from numerous sources in and out of the United States, and can be purchased over the Internet. Some of these sell for as little as $10-$20.

3. Purchase separate components, which are mostly compatible, do little or no machining, and assemble them into a simple silencer.  One of the most common methods for this is to use flashlight tubes or PVC components.

4. Use a 3D printer to print an entire silencer as one unit, with a small amount of clean-up of the finished product. This has been done at least a few times, as a proof of principle for a .22 rimfire silencer.  Alternately, a 3D printer could print a few parts which could be assembled into a silencer.

 


The people experimenting with 3D printed silencers say they completed all the necessary paperwork. It is easy to do if you are a licensed manufacturer (not the same as a Form 1).

The problems with 3D printed and PVC silencers is while they may last for a few hundred rounds, they are not as durable a a metal silencer. If you are going to pay $200 to exercise your Second Amendment rights, they are a moderately expensive option.

The most popular method is what amounts to an "80% silencer kit" which uses solvent traps, fuel filters, or pill containers that already have much of the machining compatible with a silencer done, as an intrinsic part of their shape.

Advantages:

They are easy to finish.

They work well.

They are durable and effective.

Disadvantages:

The price can be high - as much as $500 for a top of the line solvent trap.

There is no guarantee, because you are the manufacturer.

Sellers of the solvent kits, fuel filters, and pill containers come and go. Those selling on Ebay often list a limited number of items, sell those, change their name, and sell more as a different seller, to limit their exposure.

Purchasing such items from overseas exposes the purchaser to potential charges of illegal importation of a silencer.

This seldom happens, but there have been a couple of cases. This one, in New Mexico, is in process as this article is written. From stripes.com: 

U.S. Customs and Border Protection intercepted a package addressed to Justice at the international postal station at John F. Kennedy airport in New York City. Agents opened the package because the Chinese company that sent it was known to ship silencers into the U.S. illegally.

Agents found information that Justice had placed orders with Chinese vendors of shipping firearm-related devices like the silencer in the past.

The specific silencer agents found was sold under the name of “Inline Filter” with the intent to disguise it as an automotive part.

One problem is the definition of what is a silencer. Some of the fuel filter kits, especially those with a monocore, might be considered a complete silencer, or a dedicated silencer part, because they have a hole through their center.  Enforcement of this is very spotty.

Many of the kits are sold in the United States, through Amazon or Sears or Walmart. The suppliers come and go, so a search is necessary to determine the latest terms and deals.  Kits sold in the U.S. are usually more expensive. The smaller, simpler kits are generally for .22 rimfire.

There are intermediate kits for general pistol/subsonic use.

There are more sophisticated, more expensive kits for supersonic high powered centerfire rifles.

There are hints in the advertisement for a solvent trap as to what calibers would be suitable for a suppressor made from that kit. Sometimes the solvent trap makers will be very specific.  If you study finished suppressors on the market, you will quickly be able to determine what "80% suppressor kits" are appropriate for what calibers. A suppressor which is appropriate for a .22 rimfire may well be destroyed by a .223 supersonic round.

The laws of physics apply.  Silencers capable of being effective with higher pressures and more power must be larger and heavier, on average, to be as effective.  Kits for .22 rimfire can be the smallest and still be effective.

Filling out a Form 1 before ordering a kit helps to prevent a prosecution.

I have not heard of anyone who had a completed Form 1, who had a tax stamp, who was prosecuted. If you know of such a case, we at Ammoland would love to hear of it.

Currently, the BATFE has ruled that someone who makes their own silencer cannot use replacement parts to repair it. The parts used in making the silencer may be repaired, if they are damaged, as long as they are not replaced.  This makes absolutely no sense; but almost all of the law about silencers makes no sense.

If you have heard of a case where someone made a silencer with a completed Form 1, legally, and was then prosecuted for repairing it with a replacement part, please send the information to AmmoLand.

I have yet to find a case where this occurred.

It is not hard to envision potential circumstances where a person could be prosecuted.

Someone could make a silencer legally.

Then, at the range, they could damage it, make a video of the damage, and publish the video on social media, such as Youtube, Facebook, or Twitter.

Then they could repair the silencer themselves, by, perhaps, replacing a baffle or end cap.  Then they could show the repaired silencer on social media and brag about repairing it.

A Social Justice Warrior might bring these bits of evidence to the attention of the BATFE.

It could happen. Please forward cases which are similar to this to AmmoLand.

Another potential would be for a legal maker to damage their silencer, then make/use a replacement part,  then brag or talk about it on a forum on the Internet.

There are entire Internet forums dedicated to silencers and building silencers. Many answers can be found from reading the discussions on the forums at silencertalk.com.

 There has been a persistent myth that if you legally purchase or build a silencer, the BATFE can then inspect/search your home at any time. If someone can find a statute which grants the BATFE such authority, please send it to AmmoLand.

Obtaining a Form 1 and building a silencer is legal. Building or purchasing a legal suppressor does not grant the BATFE any extra authority to inspect your residence or where you store your silencer. The BATFE  requires probable cause to obtain a warrant to search for contraband, just as they do for anyone who did not legally build a silencer.

State laws about silencers vary considerably from outright prohibition to no laws affecting silencers.  Readers should research the law of their state of residence.

Silencer law is malum prohibitum (wrong because it is prohibited by law) instead of malum in se (naturally evil, as judged by the sense of a civilized community).  It is prohibited only because progressive politicians wanted it to be prohibited, even though it makes no sense for it to be prohibited.

Silencers are easy to build. The bureaucratic hurdles have been reduced. There are several guides to help do this, on the Internet.

80% silencers are here for the foreseeable future. The next article will deal with the political ramifications of 80% silencers.


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

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AZ: Security Guard Shoots, Kills, Man who Threatened him with Knife



Police say they later learned an armed security guard hired by the apartment complex was conducting a check of the building when he heard noise inside a vacant apartment. He spoke to two people inside -- Reed and a woman. As he was detaining the woman, police say Reed took out a knife and the guard shot him. The security guard also suffered minor injuries.
More Here

Monday, August 03, 2020

FL: Woman Shoots, Kills Man who was crawling into Apartment Through Window


NORTHWEST MIAMI-DADE, FLA. (WSVN) - A man who was allegedly trying to enter a woman’s Northwest Miami-Dade home through her window lost his life after she shot him.

The shooting took place at an apartment complex near Northwest 59th Street and 19th Avenue, Friday morning.
More Here

Sunday, August 02, 2020

TX: Armed Agitators Block Street in Austin: 1 Shot, Killed

Austin Texas Police Chief Brian Manley 26 July, 2020






  


Link to video

A little before 10 p.m. in Austin Texas, on 25 July, 2020,  a crowd of activists/protestors/agitators were apparently illegally walking/marching in the street in Austin, Texas. One of the participants, Garrett Foster, 28 was carrying an AK47 style rifle.  At least one other person in the mob was armed. While there are many lights on in the city, it is at night, not daylight.

A vehicle turned the corner onto Congress Avenue, encountering the street blocked by numerous persons. The vehicle horn was honked. Multiple people surrounded the vehicle, which had stopped, and started striking the vehicle.

There is no indication anyone was struck by the vehicle. 

One of the persons who approached the vehicle was Garrett Foster, with the AK47 style rifle he was carrying.  Foster was reported as approaching the driver's side window.

In the subsequent interview with police, the driver said Foster pointed the AK47 at him, and he responded by shooting Foster several times. The crowd scattered and the vehicle fled the scene. As the vehicle drove off, another person in the crowd fired several shots at the vehicle.

In the video on Youtube, there is a sequence of about five shots, followed by another sequence of about three shots.

 


Link to video

The driver quickly called 911, reporting the situation, as did multiple other people. Police at the scene responded to the shooting within seconds, and gave emergency care to Foster. Foster later died at the hospital.

Police Chief Brian Manley said a new tactic used at this protest was a number of vehicles following the mob, which blocked police cars from getting close to the agitators.  When a police car attempted to get closer to the shooting scene, one of the cars blocked it from going forward.

Officers at the scene interviewed numerous witnesses, who gave several different versions of events.

It does not appear that any of the drivers who where blocking police cars were arrested, nor were any of the agitators blocking the street arrested.

Blocking public right of ways and blocking police vehicles are criminal acts. As activities which block two or more city blocks require a permit to be applied for 120 days in advance, it is highly likely the agitators did not have a permit. From texas.gov:
Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:

(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others;
It is a defense of the above statute if the action is for speech or other communications, if persons in authority have not ordered the group of people to "move, disperse, or otherwise remedy the violation".

It is not known if the police had ordered the protestors/mob to disperse. Chief Manley did not mention such an order in his Youtube interview.

The actions of the protestors/mob seem to have been condoned by Austin authorities, which would explain the lack of arrests in this tragic case. There may be a lawsuit in the City of Austin's future.

Consider the position of the driver. He is driving on public streets, and is blocked by a mob of numerous persons who angrily beat on his vehicle. He is where he has a right to be; they appear to be breaking the law. He says a person with an AK47 pointed the rifle at him.  Several people in his position have be shot, shot at, or dragged from the vehicle and beaten.

Given the circumstance, it is difficult to believe a grand jury, even in Austin, Texas, would indict him.

Consider the other shooter from the crowd. They fired at a vehicle leaving the scene, which was no longer a threat to anyone. The possibility of them facing charges for aggravated assault, attempted murder, reckless endangerment, or simply shooting inside city limits, seems plausible.

Leftist news outlets, such as the BBC, are irresponsibly quoting selected witnesses from the scene as saying the driver shot Foster without provocation.  From the BBC:
Garrett Foster was pushing his fiancée's wheelchair at the protest when a car drove into the crowd, his mother Sheila Foster told US media.

As demonstrators approached the car, someone inside the vehicle opened fire on the group.
Later, the BBC mentions that Foster was carrying an AK47 style rifle. Ironically, Foster is quoted as speaking to independent journalist Hiram Gilberto Garcia, not long before the shooting:
They don't let us march in the streets anymore, so I got to practice some of our rights," he said, on a social media live stream. "(But) if I use it against the cops, I'm dead." 
The police and Austin government were allowing the protestors/mob to march in the streets. It is arguably the proximate cause of the shooting.

If the participants had not been blocking the street, if they had not swarmed the car, it is unlikely the shooting would have occurred.

It appears Foster and the two shooters all had Texas carry permits. Foster's mother said he had a permit, and Police Chief Manley states the two shooters had permits.

Austin Mayor Steve Adler used the event to claim there are "too many guns".

Police Chief Manley has asked for people to submit any video or photographic evidence they may have to the police, as the investigation is ongoing.

No one has been arrested at this time.


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

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