Friday, December 13, 2019

President Trump: Why are our Servicemen and Officers Kept Unarmed and Helpless?

One of the promises President Trump made in 2018, is he would review the policy of keeping service members disarmed on our military bases and recruiting centers.  From

President Donald Trump said Friday that he would review policies that keep troops from carrying personal weapons onto military bases.

"If we can't have our military holding guns, it's pretty bad," Trump said in a wide-ranging speech to the annual Conservative Political Action Committee conference in Maryland, "and I'm going to look at that whole policy on military bases."
The recent case in Florida shows how useful it would have been for our military officers to be armed with handguns in case of an attack. 

The murderous Jihadi was armed with a handgun.

Watson’s father Benjamin told USA Today that his son was the officer on deck at the time of the shooting and sustained at least five gunshot wounds before being able to make it out to relay important information about the shooter before succumbing to his injuries.

“Heavily wounded, he made his way out to flag down first responders and gave an accurate description of the shooter,” he told the outlet. “He died serving his country.”

Watson, a rifle team captain, was reportedly sent to NAS two weeks before the shooting for flight training.
Watson, as a rifle team captain, would have been proficient with a pistol. Our service men should not be routinely disarmed on our military bases, when we are, essentially, under attack by a dispersed and deadly ideological enemy.

The brass in the military have treated the idea of allowing service members to be armed on base with disdain.  They served President Trump with a "reform" which changed very little. An effete culture has crept into the military, that service members, especially officers, should dislike carrying weapons, especially pistols, and should find it rather distasteful and beneath them.

This needs to be reversed. Here are two ways it could be done. 

First, the direct approach:

Order, as Commander, that every commissioned and non commissioned officer shall be armed as a part of their duties unless an individual exception is granted by their commanding officer. The Commanding officer shall explaining and justify why the officer is exempted from being armed at particular points, times, and places. Officers are expected to be armed at all times while in uniform.

Officers are to be encouraged to own their personal sidearms for this purpose. A list of approved sidearms could be maintained, starting with sidearms already in service. Some effort should be taken to give officers a wide variety of choices. Choosing and paying for an officers own sidearm goes a long way to encourage familiarity and being armed. Checking arms into and out of armories is time consuming, expensive and unnecessary.

Officers and Non Commissioned Officers (NCOs) who routinely go armed will have 1 point added to their annual evaluation report.  Officers who score expert with pistol shall have another point added to their evaluation report. Annual qualification with pistol score will be included on the evaluation report.

The Law Enforcement Officers Safety Act (LEOSA) has been upheld by the courts as a valid exercise of federal power. Every state, to my knowledge, has exception to their restrictive gun laws, acknowledging the right of military members on active duty to be armed.
Second, the indirect, voluntary approach, from an earlier article: 
 Commanders in the military are responsible for their troops.  Many are under the age of 21. Commanders, in some ways, are father figures that have enormous responsibilities and power. 
As Commander in Chief, President Trump can require military commanders to respect the Second Amendment, but give them guidance and goals to allow them to exercise their judgment and  enhance their authority while doing so. 
He could require programs be set up to allow for the exercise of Second Amendment rights, in concert with the requirements of military discipline. 
Soldiers could be expected to earn the ability to exercise their Second Amendment rights for protection of themselves and their unarmed comrades, in peacetime.  The right to do so could be taken away for cause, just as rank can be taken away for cause. 
The requirements to carry could include passing an objective written test about the use of deadly force, and a shooting test that would be no more stringent than officers are required to pass to qualify with a pistol. 
Military members would know that any shots fired by them would be investigated. Carry under these circumstances could be made a part of their official duties. They would be subject to the Uniform Code of Military Justice for any infractions. Because they would be under military discipline, they could carry in any part of United States territory under that authority.
Safeguards should be put in place to  insure that Commanders do not play administrative games to avoid this duty to the Republic and the Constitution. 
These circumstances would be similar to those of states with shall issue concealed carry laws. People who have taken the time and trouble to obtain a carry permit have proven to be extremely law abiding. There is little reason to believe that soldiers under military discipline would be less responsible.  t
Members of the military give up some of their rights in order to serve.
A combination of these two approaches could be used.

Having a significant number of our service members armed would prevent them from being  sitting ducks in the current disarmed victim zones known as our military bases.

We are confronted with an implacable, ideological foe. Our service members should be capable of and encouraged to defend themselves and others.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TX: Pizza Driver Fires at Suspects, Kills 1, Wounds 1

DALLAS (CBSDFW.COM) – For the second time this week, a delivery driver was attacked in northeast Dallas. This time, however, the delivery driver fired at the suspects, killing one and critically injuring another.
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MO: Witness Fires at Men who Shot 14-Year-Old

Police said the boy had quarreled with two men, one of whom pulled a gun and shot the boy at the gas station. The suspects jumped in a car and drove away as a witness fired shots at them, police said.

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FL: 72-Year-Old Shoots Dog Attacking his Dog, also Dog's Owner

“Before I could even react, (the dog) grabbed him by the belly and was shaking him like a rag doll,” Manuel said.

Manuel, who carries his permitted firearm for self-defense, pulled out his gun and shot the black lab.

“He was killing my dog,” Manuel said.
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GA: Gunfight, Armed Man Shoots Home Invader who Wounded Homeowner

According to Evans, once Bailey shot Mance, he entered the apartment and was confronted by the friend who was visiting Mance. “As Bailey pointed the gun at the man, the man returned fire, striking Bailey several times and Bailey retreated. And fled away on foot,” the police chief said.
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TX: Armed Customer Shoots at Armed Robber

FRIENDSWOOD, Walgreens (KTRK) -- A customer shot at an armed robber at a Walgreens store in Friendswood.

Police say the suspect held up the store on East Parkwood Avenue around 8 p.m. Saturday.
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Thursday, December 12, 2019

Overheard at Tajikistan Airport Security Checkpoint, Second Amendment

Image from google maps, modified by Dean Weingarten

In December of 2019, a long time friend, missionary, and adventurer was standing in line to be checked for entry into Tajikistan, at the airport. Some of the adventures he has had over the years have been worthy of fictional men of action. In this case, he exercised discretion, and did not become involved. The conversation he overheard is worth relating. Here is his account:

We had just landed and were herded into line for passport control in the country of Tajikistan. I heard a accented voice ask a lady in line next to her if she was American, she said no, and replied that she was from the Republic of Georgia.

This lady from the Republic of Georgia had exceptional English, so the other asked if she had been to America. It turns out she had been in Arizona for a three month stint working for project Arizona. The woman who initiated the conversation then said:

You would do well to stay away from America due to an epidemic of "gun violence". 

The younger gal quickly answered, quite matter of fact: "Oh, you're a victim." 

To which the older woman replied, "Yes, we are all victims." 

The younger woman said:

"No, actually, I meant you are a victim of leftist propaganda. 

"America has a Constitution that guarantees certain liberties, and per the second amendment of the American constitution people can exercise the right to bear arms at any time and any place, to protect themselves, but even more importantly, to insure their government does not become tyrannical."

"The right to keep and bear arms is one of the unique things about America that makes her a great nation." 

At this point I am dying to jump into the conversation.  However, talking about overthrowing tyrannical governments is not an activity I participate in while standing in a line surrounded by border guards at an entry point in the 'Stans.

I continued to eavesdrop.

The initiator retorted:

"Well, the Constitution is an old document and the guns they were talking about were nothing like what's available today". 

The liberty loving Georgian lady did not let that comment go unanswered. She proceeded to school the older woman on the fact that they were talking arms to bring a tyrannical government down, so if the other lady wanted to talk intent of the founding fathers then today American citizens would be free have all the armaments that they could afford to have.

Arms that are equal to what America's soldiers have access to.

She continued by stating that "gun violence" is a myth. If politicians wanted to truly take on the problem of murder they would have to find a way to deal with the corrupt hearts of mankind.

Since they do not do this, the best answer is for good guys to have guns and be ready and efficient with them to kill the bad guys.

With these comments the initiator must have felt annihilated. She wished the other lady a good trip and went silent.
It was beautiful listening to this random lady from the Republic of Georgia defend America and the Constitution. America needs more patriots to stand up and set the record straight. We need to keep ourselves informed and not shy away from confronting leftist propaganda. 
In my travels and correspondence with people in other countries around the world, I have found many who envy the freedoms Americans have, who respect the Second Amendment of the United States Constitution, who wish their country had a similar protection.

A recent correspondent in New Zealand mentioned how much he wished his country had a Bill of Rights such as the United States has.

What we have in the United States is unique and valuable. Our limitations on governmental power have resulted in a nation which is the wealthiest, most powerful, and in aggregate, most free in the world and throughout history.

There are small, individual exceptions, of course. Singapore may have more economic freedom.  Other countries with vast oil wealth per person have created huge welfare systems, such as in Norway.

In the history of mankind, no other nation has come close to the wealth, power, and freedom of the United States.

It is a testament to the lack of historical awareness in the United States that we have a significant contingent of citizens who wish to destroy it, precisely because the United States is so wealthy, rich, powerful, and successful.

They do not have a plan to make it better; their plan consists of feeding off the dying carcass while overseeing a long decline.

Long live the United States and the Constitution! I took an oath to defend them from all enemies, foreign and domestic.

There has been no equal in all the history of the world. They are worth defending.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IL: Man Drives to Random House, Starts Firing, Homeowner Fires Shotgun in Warning

Officials say Siaway drove to a home on Mansfield Street around 8:30 a.m. and began firing shots into the air while yelling obscenities.

The homeowner fired warning shots from a shotgun in response.
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MO: Off Duty Officer, at Home, Fires Shots at Intruder

“Fearing for his safety, he fired multiple shots at the intruder,” Becchina said in the release. “He (the intruder) then ran from the scene.”

Police said they are still looking for the intruder. They are not sure whether any of the shots injured the intruder.
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PA: Cook Shoots Man who Attacked him during Altercation

The cook, sources say, reached for his gun and shot the man twice, killing him.

Sources say evidence suggests the killing was justifiable as the shooter was defending himself.

More Here

IL: Domestic Defense, Woman Shoots, Father of her Child

DECATUR — Police say a Decatur woman shot the 33-year-old father of her child to defend herself after he attacked her while she was in a vehicle Sunday evening.

More Here

Wednesday, December 11, 2019

NY: Man Claims Self-Defense in Shooting in Poughkeepsie

A 24-year-old Poughkeepsie man shot and killed a 21-year-old in the City of Poughkeepsie Monday.
Then, he called the police and waited for them to arrive.
The 24-year-old claims to have shot the fellow city resident in self-defense, city police said. He was released Monday, pending a grand jury investigation.

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IN: Homeowner Shoots, Possibly Wounds, Man during Break-in Attempt

"They heard the doorbell ring, they heard what appeared to be pounding on the door, and then they saw the door being kicked in or attempted to be kicked in. And that's when this individual fired his weapon into the door or the door area.," the neighbor says.

Some reports indicate a person showed up at a hospital shortly after the attempted break in with a gunshot wound.
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FL: Security Guard Shoots, Wounds, 1 of 4 Suspects

The Nassau County Sheriff's Office told First Coast News four suspects tried to rob The Tracks Arcade on State Road 200 just west of U.S. 17. A security guard intervened and shot one of the suspects in the arm and buttock, according to the sheriff's office.

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MI: Gunfight, Pistolman v. Rifleman, no one hit

They say a man from Illinois went to a home there to buy a dog.

An argument broke out and the Illinois man fired a gun multiple times at the homeowner.

The homeowner then retrieved their rifle and fired back.
More Here

Tuesday, December 10, 2019

November, 2019 set New Record for NICS Background Checks

The National Instant background Check System (NICS) numbers for November of 2019 are a new record, 2,574,752. The previous record was in November, 2016, at 2,556,281.

The numbers for NICS in 2019, through the end of November are 25,432,856. Those numbers, by themselves, would make 2019 the third highest year on record. But December numbers are yet to be added to the year's total. December has the highest number of checks of any month of the year for 17 of the last 20 complete years of NICS checks.

Last year, the December NICS checks were 2,543,385. They will probably be higher than that this year. The record for December was in 2016, when the total NICS checks hit 3,314,594. It is possible NICS will break that record this month.

The economy is booming. Unemployment is at its lowest in 50 years. Firearms are, in constant dollars, more affordable by the average person than ever before. A few days ago, an AR15 upper and lower, lacking only a rear sight, but with a rail for mounting optics, was advertised for $339.98. A magazine was not included. Magazines can be had for about $10. Palmetto State advertises a rear sight for $24.99.  A person can have a complete rifle for about 375 dollars. In 1963 the AR15 was advertised for $189.50. In constant dollars, that would be $1,516 dollars today. Today's rifles can be had for about 1/4 of what they cost 56 years ago, when you take inflation into account.

There are dangerous calls for more and more infringements on the Second Amendment by politicians on the left.  The success of a combination of Bloomberg money and Communist Chinese linked electioneering in taking over the state government in Virginia shows the entire nation how serious the leftists are about infringing on the Second Amendment.

The political and economic biases both work toward record NICS checks in December of 2019.

A record number in December is not needed for 2019 to become a record setting year for NICS checks.

The current record was set in 2016, with 27,432,856 checks being done in that presidential election year. 2019 needs only 2,105,817 checks in December to break the 2016 record. I predict 2019 will set a new record for annual NICS checks.

As noted many times before, the increase in use of NICS checks for permit and permit rechecks has altered the relationship of NICS checks to firearm sales. When permit and permit rechecks are removed, the NICS numbers for November, 2019, become 1,371,044. For November, 2016, the comparable number was 1,669,133, roughly 300,000 more sales of firearms. 

Last November, in 2018, the comparable number was 1,343,531 or 28 thousand more sales than indicated for November, 2019.

Because 25 states use the NICS checks for carry permits as a check for firearm sales, increasing carry permit and permit rechecks can indicate a rise of sales to permit holders that are not reflected in the NICS checks for sales.

Over 7% of adults in the United States now have a carry permit. 

Record levels of NICS checks may not mean record levels of sales; they indicate a healthy and high new normal of firearm sales in the United States.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Father Holds Man at Gunpoint after Catching him Sneaking from Daughters Room

TYLER, Texas (KLTV) - The Smith County District Attorney’s Office has released a document detailing how a man came home to catch a Tyler man sneaking out of his home after allegedly sexually assaulting his daughter.

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MI: Gun Beats Bottle in Macomb County

According to authorities, a man entered the gas station and struck the clerk over the head with a bottle. The employee shot the man twice in the abdomen.

Police said the man was conscious when he was taken to the hospital to be treated for his injuries. The clerk was also checked out medically.
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FL: Dog gets Loose, Kills Cat, Cat Owner Shoots, Kills Dog

They then discovered the dog just inside the wood line in the back of Monroe’s residence. According to Smith, Monroe then pulled a gun from his waistline and shot the dog. Smith reported about six shots, though only one bullet wound was found on the dog. The dog had apparently killed one of Monroe’s cats.

“I’ll shoot you if you don’t get off my property,” Monroe then told Smith, after holstering his gun, according to Smith.

Smith got off Monroe’s property. He told deputies Monroe didn’t point the gun at him, and conceded to deputies that the dog had been “messing with the cat it had killed.”
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TX: Gunfight, Clerk Shoots two Suspects, Kills 1, Wounds 1

AMARILLO, Texas (KAMR/KCIT) — One person is dead and another is injured after a store clerk shoots two robbery suspects.
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PA: Home Alone Teen Shoots Burglar, Stops Crime Spree

Police said Morgan was shot by a teenager who was home alone at the time he broke in.

Police said Morgan ran away after being shot, but was later found lying along the road and taken to the hospital.

More Here

Monday, December 09, 2019

Sailor who Killed 2, Wounded 1 before Suicide at Pearl Harbor was Official, Armed Guard

On 4 December, 2019,at about 2:30 p.m. in Hawaii, at the Pearl Harbor shipyard, an armed sailor guarding the nuclear attack submarine the Columbia, shot and killed two shipyard workers and wounded a third. The armed guard then killed himself with his government issued M9 9mm Beretta pistol.

The guard used his government issued M4 carbine (5.56 mm) to kill the two civilian workers and wound the third. From
The Columbia is a Los Angeles-class submarine, meaning it is a nuclear-powered fast attack submarine. At the time of the attack, the Columbia was in drydock for maintenance, and Romero was assigned as an armed guard to monitor the submarine.
The incident has dropped off the media radar. The murderer was an active duty sailor officially assigned guard duty. None of the infringements on Second Amendment rights being suggested by those who wish a disarmed population would have made the slightest difference in this case. All have exceptions for people who are engaged in their military missions while being officially armed by the government.

In this case, some have suggested the sailor had anger control and discipline problems. From
Romero used his service weapons ― an M4 rifle and an M9 pistol ― in the shooting and on Wednesday had been assigned to stand watch at a submarine undergoing repairs.

The multiple sources, who requested anonymity because of the ongoing investigation, expressed concern Romero had been assigned an armed position at the shipyard despite his history of problems.
Those who the government issues firearms, are people as well as the rest of us.

People who have gone to the trouble of obtaining a carry permit from the government are many times less likely to break the law than police are.

Hawaii has a very low crime rate and very restrictive gun laws. Two other island entities within the jurisdiction of the United States, Puerto Rico and the U.S. Virgin Islands, also have very strict gun laws. It is arguable their gun laws are more restrictive than Hawaii's, but they are, at minimum, comparable. Their murder and crime rates are several times greater than the United States average. From an article written in 2015:
Three United States island polities with quite similar, strict, gun control laws. Two have murder rates more than 7 and 5 times greater than the United States average; one has a murder rate one third as great as the United States average.

It is clear that the gun control laws are not a major factor in the rate of murder.
Few people in the world would dispute the necessity of an armed guard for a nuclear attack submarine. Few would dispute the necessity of armed police to maintain public order.

In the United States, many millions of legally armed citizens have shown they are more trustworthy than the police.

Severe restrictions on ordinary peoples' access to firearms do not affect the murder rate. They do not prevent mass murders. They restrict ordinary people from legally owning and using firearms.

They restrict the power of the ordinary person. That is their purpose, and what they are meant to do.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

MS: Man Grazed by Gunshot While attempting Home Invasion

The man who was shot was reportedly trying to break into the house and a 19-year-old resident fired at him. There were no reports of an arrest, so it will likely be a case of self-defense. No other details were available.

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MI: Gunfight, Armed Victim Shoots Armed Robbery Suspect in Detroit

Police were called around 6:45 to the 18600 block of Grayfield to the shooting. A 25-year-old man was walking when an armed man tried to rob him.

The victim has a concealed pistol license and pulled his gun. Both men shot at each other and the robbery suspect was hit in the body.
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MI: Home Invasion Suspect shot by Armed Homeowner

VOLINIA TOWNSHIP — An Elkhart Indiana man who forced his way into a home in Cass County was shot in a fight with the residents.

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TX: Armed Victim Shoots at Juveniles Stealing his Truck

The victim's son heard the truck driving away, ran out of the house, and shot several times in the air.

CCPD was called to the scene, and the juveniles were apprehended.

Two juveniles inside the truck were taken into custody, and two juveniles not in the truck were released.
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GA: Domestic Defense, Aggressive man with Knife Shot, Killed

A short while later, while the homeowner and others were in the driveway near the highway, the agitated man returned, became aggressive, and at some point, brandished a knife, striking a family member and moving toward someone armed with a handgun, the statement said.

As the man approached, a single round was fired from the pistol and the man collapsed, according to the sheriff's office.
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FL: Gun Beats Knife in Love Triangle Shooting

Deputies said the 38-year-old man who was killed cut the other man with a knife before being shot. Neither of the men has been identified, and no arrests have been made. The investigation is ongoing.

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Sunday, December 08, 2019

12% of Homicides in Birmingham, Alabama, were Justifiable in 2019

In 2019, Birmingham, Alabama has reported a justifiable homicide rate 53 times the national average, as reported in the FBI Uniform Crime Reports. From
11 of the reported homicides were ruled justifiable as self-defense by investigators or prosecutors and 3 resulted from reckless driving. The suspect in another murder was shot to death on the scene and another killed himself. One death resulted from a violent act committed previous year. One other homicide took place at the Jefferson County Jail outside the city's jurisdiction. The police department therefore acknowledges 82 chargeable homicides. Suspects have been identified in 49 of those cases, arrested in 46 and charged in 41. Charges in one case were dismissed.
Justifiable homicides are severely under reported in the FBI Uniform Crime Statistics (UCR).  At least two studies indicate there are over five times as many justifiable homicides in the United States as indicated in the FBI UCR numbers. The UCR uses a very restrictive definition of a justifiable  homicide.

When justifiable homicides are carefully tracked, there are found to be more than five times as many as the FBI UCR records.

From a previous article:
Homicides in the United States in 2018, from the FBI UCR. 16,214.   The number of justifiable homicides by private citizens was recorded at 353.  The population in the United States was estimated at 327.2 million. The rate of reported justified homicides in the U.S.A. was .108 per 100,000 population. The murder rate in the United States in 2018 was 5.0 per 100,000 population.
The Detroit rate of recorded justifiable homicides is 25 times the recorded national rate of justified homicides. Detroit's murder rate is 7.76 time that of the United States. Using the murder rate as a scale, Detroit has recorded 3.2 times as many justifiable homicides per murder, as are recorded in the United States, on average.
In Birmingham, Alabama, in 2019 through December 2nd, there were 11 justifiable homicides and 82 chargeable homicides. 11 out of 93 is  just short of 12%, 11.8%. Birmingham is recorded as having a population 209,880.  That would make a corrected murder rate of 43.4 per 100,000 this year (per year), and a justified homicide rate of 5.7 per 100,000 (per year) in 2019, so far. The justified homicide rate in Birmingham is 53 times the national average for justifiable homicides as reported in the FBI UCR. Birmingham's murder rate in 2019, so far, is about 8.7 times the national average.

 Gary Kleck (page 111-114) estimates justifiable homicides are between 7.1 and 12.9 percent of total homicides. The 11.8% reported in Birmingham falls near the top of that range.

Birmingham Alabama is having 1 justifiable homicide per 7.45 chargeable homicides. Suspects have been identified in 49 of 82 chargeable homicides. It is unknown how many of the other 33 "chargeable" homicides might be justifiable, if all the actors were found and carefully investigated.

Most homicides are of criminals killing criminals. Just because you have been convicted of a crime, does not mean you have lost your right to self defense.

Criminals have significant incentive not to report the incident. Even if found to be justified, they may go to jail for a probation violation, or a violation of the prohibition on felons possessing firearms.

Most people who defend themselves from criminal attack are not intent on killing someone. They are intent on protecting themselves and others. This natural bias, combined with the fact that only a bit more than 7% of the adult population have carry permits in the United States, means more people will be victims of murder than there will be attackers justifiable killed.

It does not mean there will be more people murdered  than people who are saved through defensive gun uses.  Many more murders are likely stopped through defensive gun uses than are killed in justifiable homicides.

Justifiable homicides are a very small fraction of defensive gun uses, probably less than one-tenth of one percent. Several surveys show national defensive gun uses at between 500,000 and three million per year.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Drunk Starts Fight with Couple, is Shot

In a press release, they said a man who was drunk showed up at the home and started to fight a man and woman there. After warning the drunk man to stop or else he would shoot, the other man opened fire, hitting the aggressor twice.

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AR: Store Manager Shoots Armed Robbery Suspect, Demetrius Morant

According to police, the store manager said, "OK, hold on, let me get it for you," then grabbed a gun and shot the suspect twice during a shootout.

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GA: Disarm, Father takes gun from 1 of 2 Home Invaders, Shoots

COBB COUNTY, Ga. - A father protected his family from a pair of home intruders when he wrestled one of the men, took his gun and fired it, Smyrna police said.

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TX: Bounty Hunters Tase, Shoot, Kill, Armed Robbery Suspect

One bounty hunter said he pointed his taser at Sanabria, while the other was pointing a gun. The men told officers they told Sanabria to put his gun down, but he allegedly refused. The bounty hunters say they then shot him with a taser and the gun, which ultimately killed him.
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"Preventing Gun Violence" is not a Compelling Governmental Interest

In a recent column, well known Reason editor and writer Jacob Sullum makes a likely unintentional error. He writes that "preventing gun violence" is a compelling government interest. From
Restrictions on fundamental rights usually pass muster only if they are narrowly tailored to further a compelling government interest -- in this case, preventing gun violence.
"Gun violence" is an Orwellian phrase that compels the user to focus on guns rather than on illegitimate actions.

“Preventing gun violence” is not a compelling government interest.

Preventing murder, can be a compelling government interest, though, in our federal system of limited governmental powers, it should primarily be an interest of the States, not the federal government.

Preventing suicide, may be a compelling government interest, though the case is less clear than preventing murder.  Some governments are involved in approving of, and assisting in, some suicides.

Preventing justified homicides is clearly *not* a compelling governmental interest; promoting justified homicides aids in lowering murder, violent crime, and crime generally.

Preventing accidents may be a secondary governmental interest.

Preventing a murder or suicide committed with a particular method is *not* a compelling governmental interest, because it is not clear if prohibiting one method will do anything to lower murders or suicides generally. It is arguable that prohibiting one method will lead to the rise of other methods. If preventing one method does not lower the overall rate, resources have been wasted and liberties narrowed to no effect. Thus, singling out one method becomes a matter of choice and preference.

Using the Orwellian phrases of Progressives is one of the easiest ways to lose an argument with them. If you cede to them the ability to define the words and terms of the language used, they win, mostly by default.

A "compelling governmental interest" is a legal concept used in the application of strict scrutiny of actions that effect Constitutional rights.

It is the highest level of interest.

In the lowest level, "rational basis", the governmental interest need only serve a legitimate function. Statutes are almost never found to violate the rational basis standard.

In the middle level "intermediate scrutiny" the governmental interest must be shown to be important, a higher test than legitimate.

For "strict scrutiny", a compelling  interest must be shown. From
An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion.  
Examples of compelling governmental interests would be: protecting the country from invasion; maintaining the rule of law in contracts and property rights; protecting the structure and execution of Constitutional order.
"Preventing gun violence" is precisely a matter of choice, preference, and discretion.

The choice, preference and discretion of those who want a disarmed population, are all aimed at disarming the rest of society, precisely what the Second Amendment is designed to prevent.

Progressives do not believe in Constitutional order. They do not believe in limiting governmental power. They do not believe in God or in an moral code.

Opposition to the Second Amendment is in Progressivism's DNA.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

Saturday, December 07, 2019

NC: Domestic Defense, Ex-Wife Shoots, Kills Ex who Broke in, Critically Injued Sleeping Friend

MACON COUNTY, N.C. (WLOS) — Macon County Sheriff Robert Holland confirms with News 13, Christopher Prince, who was shot after he allegedly broke into his ex-wife's home early Wednesday morning and assaulted a sleeping male, has died from his injuries.
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MS: Domestic Defense, 84-Year-Old Woman Shoots, Kills 58-Year-Old Son

Byrd was shot and killed by his mother after a "domestic situation," Thomas said. Byrd lived in the home with his mother and officers had previously been to the home on multiple calls. The gun, a Smith and Wesson .38 Special, belonged to the mother. She is not being publicly identified.
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IL: Armed Samaritan Holds Mugger for Police, may face Charges

An armed citizen held an alleged robbery offender at gunpoint following a violent mugging on a CTA train in the Loop on Wednesday morning, police said. Charges are pending against the offender, and the good Samaritan is also in legal jeopardy.
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FL: Gun Beats Bicycle in Attempted Home Invasion

"(My stepson) saw one of them throwing a bicycle through the window there. He threw the bicycle through the window and my stepson shot five or six times. He hit that one; I don’t know if he hit the other one," Patterson said.

The Brevard County Sheriff's Office said there may have been a second man involved in the attempted burglary but has not found anyone.
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FL: Gunfight at Laundromat, Pistol v. Rifle

The two suspects left the business and the employee followed them out to see which direction they were going and to get a possible description of their vehicle, the report states.

At that time, one of the suspects turned and pointed the rifle at the employee, who had by then armed himself, deputies say. The employee fired five shots at the suspects. The suspects fired two shots back at the employee, according to the sheriff’s office.

Read more here:

More Here

Friday, December 06, 2019

IN: Teenage Armed Robbery Suspect Shot, Killed

In a news release, police said Ellington had been shot and was unable to communicate with officers, who learned he had met with several people to sell a handgun. Police said witnesses told them Ellington pointed a handgun at the group and tried to rob them. One of the alleged intended robbery victims was armed with a handgun and fired several times in response to Ellington’s actions, police said.
More Here

More TX: Armed Robbery Suspect Shot with Gun and Taser, Killed

There were two customers in the store at the time and one of them saw the threat and used a taser on the man. Another customer shot Sanabria, who died at the scene, police said. According to police, the would-be robber did not fire his weapon.

More Here

NC: Gunfight, Victim Shoots, Wounds 1 of 2 Suspects

A person was visiting the home when two men got out of a car that arrived and tried to rob the visiting person, the news release said.

During a shootout between the suspects and the victim, one suspect was hit by gunfire, according to the news release.
More Here

Followup OK: Fatal Shooting of Alfred Guy was Self Defense

TULSA, Oklahoma - Tulsa Police released new details on a fatal shooting last week. Authorities said the man who shot Alfred Guy did so in self-defense after Guy stabbed him.

More Here

FL: Domestic Defense? Jherod Styles Shot, Killed by Woman at Residence

MCSO officials released some details from the incident. They said the deceased, Jherod Styles, lived at the Belleview Ridge Estates home where his body was found, in the 12100 block of Southeast 86th Avenue.

Authorities said Styles and the suspected shooter, a woman whose name was not released, had been dating. It was unknown if, at the time of the shooting, the two were still together.
More Here

Thursday, December 05, 2019

Sheriff Makes Armed Citizen who Survived Gun Battle into Honory Deputy

Image from Clayton County Sheriff Department

At about 6:30 a.m. at a Hardee's on Anvilblock Road in Clayton County, Georgia, an armed robbery was ongoing. Joseph Chilton was delivering bread to the restaurant when he heard screaming and saw employees running out of the store.  From
Early this morning while delivering bread to the Hardee’s on Anvilblock Rd, Joseph Chilton observed employees running out of the back door and a woman screaming for help. It turns out that Chilton was making his bread delivery while there was an armed robbery in progress being committed by Damario Kentrell Parrish. Parrish had jumped across the counter and pointed a weapon at a female employee demanding cash.

Chilton ran back to his truck to get a firearm and ran back in to help the female in distress. Chilton end up shooting Parrish twice, but Parrish managed to flee the scene. Parrish made it to a house in Conley on Jewell Terrance Rd where he was tracked by Clayton County Police and Sheriff’s Deputies. Parrish refused to come out. When advised that children were in the residence with Parrish, Sheriff Victor Hill activated his SWAT team to respond. Before SWAT arrived, the children came out safely and soon afterward Parrish came out and surrendered.
According to an employee interviewed by WSBTV, this was the second time the suspect, Damario Parrish, had robbed the restaurant. From
"This young man [had] been here twice. The first, he hurt my employees. The second time, he jumped over and put the gun physically to me. I just did what he asked me to do," said employee Mary Ann Reynolds. 
According to Reynolds, Parrish was beginning to leave when he was confronted by Joseph Chilton. Parish is said to have pointed a gun at Chilton, when Chilton fired four times, hitting Parrish twice. It is not stated how many times Parrish fired, if any.

The suspect, Parrish, after being wounded, is reported as running back to his house. A standoff followed, but Parrish surrendered before the local SWAT team arrived.

Sheriff Victor Hill was impressed. He made Joseph Chilton into an honorary deputy, and inducted Chilton into The Sheriff’s Posse Hall of Fame.

This continues a trend in the United States where Sheriffs and Police Chiefs are recognizing, congradulating, and rewarding armed members of the public who stop crime, pro-actively protect other members of the public and aid peace officers who need their assistance.

In May, 2019, Wisconsin police praised an armed employee who captured a burglary suspect. 

In June of 2019, a legally armed citizen in Missouri provided critical assistance to a police officer wounded by a felon attempting an escape.

Armed citizens and police are natural allies in a constitutional republic where the powers of the government are limited.

Police cannot be everywhere. The Supreme Court has ruled the police do not have a duty to protect any particular citizen.

JPFO has documented the reality of police legal responsibilites in Dial 911 and Die.

More and more police are praising armed citizens. Over 7 percent of adults in the United States have carry permits. There are 16 states who have restored Constitutional Carry, where no permit is needed to carry a holstered, loaded pistol in public places, openly or concealed.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

GA: Kwik Way Foods Mart Clerk Shoots, Kills, Armed Robbery Suspect

Authorities are saying a man suspected of attempting to rob a Hinesville convenience store was shot and killed Monday night.

More Here

FL: Armed Veteran holds Suspect at Gunpoint for Police

One of those suspects ended up facing down the barrel of Sandi's gun.
"We had customers and employees out, that's when I decided to pull my firearm and stop him," Sandi said. "I wasn't really thinking. Training and instinct kicked in. I just did what had to be done."

More Here

TX: Four Teens taken into Custody after Gunfight

The victim fired shots at the teenagers' red Ford pickup truck, which was stolen from the 1700 block of Larkwood the night before the robbery, Pena said.

The teens then fled the scene and were pursued by officers to the southside of town from 3100 Dunbarton Oak Street to Snowgoose Road and Timbergate Drive, where the pickup struck a police unit and a light pole.
More Here

TX: Armed Robber, Emanuel Alvarado, shot, Killed during Home Invasion

 The person who shot Alvarado has not been identified.

According to Guerra, Alvarado is one of the robbers that targeted a home for drugs and money. Right now, one other person is in custody.

More Here

SC: Je' Nell Burton Wounded by Victim, Charged with Armed Robbery

Investigators with CPD believe that Burton agreed to meet a man and woman who were attempting to sell shoes at the location. Instead of buying the shoes, Burton held them at gunpoint.

The man trying to sell shoes then shot at Burton, causing non life-threatening injuries to Burton’s hand and leg. Police say 20 rounds were fired before 6 p.m. Saturday.
More Here

Wednesday, December 04, 2019

TSA finds 2 Magazines in stuffed Toy during Week Before Thanksgiving

Image from TSA blog

During the week of November 4-15, The Transportation Security Administration (TSA) found two magazines in a stuffed toy which was being handled as a carry-on, at Orlando International Airport.

The magazines did not have any ammunition associated with them. They fell under the ban on "gun parts" in carryon luggage.

TSA reports local police were called and confiscated the magazines. It is not clear that is what happened. reports the Orlando Police Department sent them an email saying no police action was taken, as no crime was committed.

The theory behind "no gun parts" is probably the potential for guns to be disassembled, carried piecemeal by confederates, then reassembled once beyond the security checkpoint.

The motivation for the magazines in the stuffed toy may have been simple economics.  It is not clear what model of magazines are in the picture. They probably have a retail price of $20-$30 each. Many airlines charge extra for checked luggage. It is common to see charges of $25 for each leg of the trip, sometime for each airline, both going to a destination and returning. $50-$100 extra for a piece of checked luggage are charged regularly.

People routinely attempt to avoid the charges by taking the largest carryon bags they can get away with. 

The owner of the magazines may have thought it cheaper take them on board, and risk confiscation, than pay the extra charges for a checked bag.

In the same week, TSA found 205 firearms in checked bags. Of those, 176 had loaded magazines and/or loaded chambers. 72 had a round in the chamber.

During the same period, 31.7 million passengers were screened. The TSA found one firearm in checked baggage for every 154 thousand passengers.

When you consider that over 7% of adults in the United States have carry permits, you realize how amazingly law abiding, or simply prudent, airline passengers in the United States are.

Nearly all of the guns discovered in carryon baggage are simple errors made by passengers who are in a hurry, did not check the bag carefully before going on the trip, or where someone else made an error. Do something often enough; have enough people do it, and errors will be made.

I once carried a full box of .22 rimfire ammunition through security and on to the next destination, before discovering that it had been in a computer bag. Humans make errors. The only people who do not make errors are those who never do anything.

One of the rare exceptions was a woman who TSA found had a firearm concealed "in her chest area". It was shown as a Berreta model 21. There was no round chambered, and the cartridges were reported to have been loaded into the magazine backwards. 

As bearing arms is a right protected by the Constitution of the United States, and as the federal government forbids the carry of arms on commercial aircraft, except in checked baggage; the government has a responsibility not to chill the exercise of Second Amendment rights.

The charge of additional fees for checked bags directly chills the exercise of Second Amendment rights.

Perhaps the regulations should be changed, to forbid the charge of extra fees if the checked bag contains arms protected by the Second Amendment.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

WA: Gunfight, Career Criminal shot by Armed Victim

A career criminal ended up in the hospital with gunshot wounds when the man he allegedly tried to rob was packing his own gun.

Read more here:

More Here

MO: Man Shot Breaking into Home may Have Believed it was his Residence

KRCG reports Myers said the occupant of the home admitted shooting the man. He said the occupant reported the man who was shot thought it was his house despite being told several times that it wasn’t.

Myers said evidence at the scene indicated the man who was shot forced his way into the home. He didn’t have a weapon.
More Here

Followup AL: Shooting Death of Calvin Vance ruled Justifiable

Birmingham police on Monday said they presented all of the evidence to the Jefferson County District Attorney’s Office. Investigators interviewed all people involved in the incident and determined that Vance had been trying to rob someone when that person shot and killed him.
More Here

Followup CO: Tanner L Randall Hall Arrested after being Shot by Victim

Following an argument, Blank had retreated into a bedroom and armed himself with a handgun, “fearing for his safety,” as described by witnesses interviewed by SCSO investigators. Hall broke into the room and fought with Blank over control of the weapon. During the struggle, at least two rounds were fired by Blank.
More Here

Tuesday, December 03, 2019

Conservative New York Post Writer Upset about Guns for Christmas

Link to video

Conservative New York Post writer John Crudele wrote a column about how upset he was that a gun company dared offer its wares for Christmas. Crudele is conservative, as such things go, in New York City. He is a Donald Trump supporter, and has a roughly libertarian philosophy. From
I don’t have hard-and-fast rules about many things. I go by the “it is none of my business if it’s not hurting anyone” rule. You might know it as “live and let live.”
I suspect John and I would agree on many things. It takes a lot of guts to be a Trump supporter in New York City.

Unfortunately, John stepped outside his area of expertise with the column on the Henry Rifles. He is perfectly capable of describing his own feelings, of course. It is his unfortunate linkage of his dislike for guns with his ignorance about them which created an emotional response from many of his readers.

John thinks everyone should be  "pissed off" that a gun company dare to run an advertisement of its wares with a Christmas theme.
Sure, what a Christmas gift!

I don’t care what religion you believe in or what your feelings about guns happen to be, but this particular email should piss you off. I wish there was a more eloquent way of saying that but I can’t find it right now.

Companies like this give people who don’t like guns a reason to continue their dislike for them.
A little introspection might be in order. I don't know exactly why John seems to think guns should be taboo as Christmas gifts.

Many people I have met, who want a disarmed population, view guns with horror. They would hate the idea of showing guns as useful, morally neutral, desirable objects.  Maybe that is what John is getting at. I am not a mind reader, nor do I know John.

I suspect he is immersed in hoplophobic attitudes in the New York metroplex. He may not know many people for whom guns are a treasured everyday implement, for whom guns are useful family heirlooms, for whom guns are associated with positive experiences throughout life.

It is probably unusual, in New York City, to remember how the gun you inherited was used by your father to feed the family when times were difficult during the Depression.

It is difficult, in New York City, to understand the social bonding of entire small communities during deer hunting season.

It is difficult, in New York City, to understand the sense of accomplishment, self confidence, and independence that comes with the mastery of the use of individual firearms. New York City has made that potential nearly impossible within its confines.

John may not know that New York City started its gun control program to disarm the victims of Tammany Hall, and was pushed by the infamously corrupt "Big Jim Sullivan", for that purpose.

In New York City, John, your views on guns are moderate.

They are not moderate in much of the rest of the country.

We both expect President Trump to be re-elected. I expect his second term will be good for almost everyone, especially Second Amendment supporters.

If you ever get out to Arizona, John, I will work to arrange for friends take you to the range, to expand your shooting experience with a wide variety of guns.

My experience, with those of many others, is the best cure for those who are unfamiliar with guns, is to take them to the range.  A fun time is had by all. 

Merry Christmas to you, John Crudele.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TX: Man Attempts to Break into Wedding Venue, is Shot, Wounded

A young man who fell asleep in an outdoor bathroom after an event at a Huffman wedding venue was greeted with gunfire after waking up and attempting to break back into the venue, police said.
More Here

TX: Store Owner Shoots Burglary Suspect During Altercation

An altercation occurred and the store owner shot the suspected burglar in the leg. He was taken to University Hospital, where he is expected to recover.

The store owner is cooperating with police and investigators believe surveillance footage captured the incident.
More Here

IL:Gunfight, Chicago, Armed Victim Shoots, Wounds Armed Robbery Suspect

A 30-year-old man fired shots at and struck a would-be robber Sunday in Austin on the West Side.

More Here

NC: Gun Beats Concrete Steps, Assailant Shot, Wounded

They learned that Chavez came to the home and began beating and kicking on the door and demanding to come in.

A person who lives at the home confronted him and they fought.

The resident was reportedly hit with concrete steps.

Chavez was shot during the fight.
More Here

Monday, December 02, 2019

More Revelations at Former Officer Goines Bond Hearing, Chief Officer in Harding Street No Knock Raid

There was a federal bond hearing for former Houston Police Officer Gerald Goines last week after his arrest on 20 November, 2019.

In the hearing for Goines, FBI special agent O'Neil Brown testified about more evidence found in Goines' official, but unmarked Houston Police Department car. From
Brown’s testimony brought forward new revelations about the investigation into Goines’ alleged activities. He testified that Goines was involved in a sexual relationship with one of his confidential informants. This same confidential informant told investigators the drugs Goines said were purchased from 7815 Harding Street came from a different address — one unrelated to Dennis Tuttle and Rhogena Nicholas, Brown testified. Brown also said investigators discovered a stolen gun in Goines’ unmarked HPD unit and various illegal drugs, including cocaine, and ecstasy.
It appears former officer Goines had more illegal drugs and illegal guns in his car than the Tuttles had. They had only a small amount of marijuana, and a small amount of cocaine discovered in their modest home, where they had lived quiet lives for the last 20 years, since they had married.

Dennis Tuttle, 59,  was a medically retired Navy veteran. Rhogena Nicholas, 58, his wife, a devout Christian who emailed a prayer to her mother every day. Both were killed in the no-knock raid at their 7815 Harding Street Houston residence based on alleged lies from a neighbor across the street and the false "evidence" by former officer Goines to obtain the warrant.

Goines,  his partner Steven M. Bryant, 46, and the neighbor, Patricia Ann Garcia, 53, were arrested on federal warrants after an FBI investigation prompted by the raid and double homicide.

 Goines, black jacket, Bryant, collarless grey shirt

In the interest of justice, it appears Dennis Tuttle fought back against the armed home invaders, who had shot and killed his dog in his living room, with virtually no warning. The home invaders were undercover narcotics police. Four officers were wounded. One of those was Gerald Goines. Goines was the lead investigator in the case.

Goines was wounded in the neck, and unable to talk. He was in the hospital for some time. The wound may have prevented him from coordinating a more extensive coverup.

It seems doubtful he would have left a stolen gun in his vehicle if he had the chance to remove it. Previous revelations by his partner, Bryant, showed there had been heroin in the car as well. Some of the heroin found in his official car might have ended up at the 7815 address, if he had not been prevented from planting it there. From
Authorities allege Goines lied in a search warrant affidavit when he said that a confidential informant had bought heroin at the home. But the informant told investigators no such drug buy ever took place. Goines had indicated in the search warrant that Bryant had identified heroin bought at the home. But Bryant later told investigators he had retrieved heroin from Goines' police car.
Dennis' Tuttles guns were all legal, it appears.

It has been reported that Goines was involved in over 100 no-knock warrants in the seven years previous to the Harding Street no-knock raid. His informants, in the documents used to obtain the warrants, swore guns had been seen in all of them. Mysteriously, no guns were reported as being seized by Goines, after the raids were finished.  From
Goines swore in search warrant affidavits that “knocking and announcing would be dangerous, futile,” because he claimed a confidential informant had seen a gun inside. Those claims led judges to grant no-knock warrants, which accounted for 96 percent of all the search warrants he filed in the last seven years, a KHOU 11 Investigation has found.
But in every one of the more than 100 drug cases based off those warrants, there’s no record of Goines ever seizing a gun after executing a no-knock search warrant.
The discovery of a stolen gun in Goines official car fuels speculation about what may have happened to all the guns that might have been discovered in those previous raids.

Police Chief Acevedo stated, in a recent press conference, that if you go to a random number of residences in Texas, more than half are going to have guns.  From the press conference:
"..most houses, I would say a greater number, you would find firearms than not."
What would the percentage be if those residences were being used by drug dealers who informants had swore had guns on the premises?

When those who wish us disarmed talk about laws to disarm the innocent, they carefully refrain from mentioning corrupt police and the black market.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

SC: Armed Victim Shoots Armed Robbery Suspect

Officers say shortly before 6 PM on Saturday, November 30, instead of purchasing the items, Burton is accused of pointing a gun at the couple.

Investigators say the male victim then shot at Burton causing non-life threatening injuries to his hand and leg.
More Here

UT: Domestic Defense? Wife Shoots Husband

“A husband and wife were arguing, and the argument became physical,” Carriger told Gephardt Daily.

“A 25-year-old female shot a 26-year-old male twice, and he was taken to (Intermountain Medical Center) in serious condition.” The man remained in serious condition Sunday morning.
More Here

AZ: Security Guard Shoots back During Drive-by

Police say two men were working as security guards at the Super 8 near Interstate 17 and Northern Avenue when an unknown suspect, or suspects, shot at them. One of the guards shot back as they drove away.
More Here

MO: Intoxicated or Drugged Man Held at Gunpoint for Police

A man walked into a home in southern Texas County on Friday night and found himself being held at gunpoint.

More Here

GA: Gunfight, Bread Delivery Man Wounds Armed Robbery Suspect

ELLENWOOD, Ga. (CBS46) -- An armed robber was arrested after being shot by a bread delivery man at a Hardee's in Ellenwood early Saturday morning.
More Here

Sunday, December 01, 2019

Missouri Judge rules "safety" overrides Right to Keep and Bear Arms

A Democrat Missouri District Court judge, appointed after the lawsuit was filed, has ruled the lawsuit against the University of Missouri for violating the new Missouri Constitutional provision protecting the right to keep and bear arms, does not apply to the University. The judge claims he followed the requirements for "strict scrutiny" when he did so.

On August 5, 2014, the citizens of Missouri passed a Constitutional amendment to strengthen the protection of the right to keep and bear arms in Missouri. From
That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.[1]
On 19 September, 2015, Professor of law Royce Barondes filed a lawsuit, based on the new amendment, challenging the complete ban of firearms on the University of Missouri campus, except for those granted special privileges by the University administration.

On April 22, 2016 Democrat Governor Nixon appointed Democrat politician Jeff Harris to the position of judge in the 13th Circuit. Harris was Governor Nixon's policy director at the time of his appointment.

Some jockeying for venue occurred. The defendants attempted to move the case to Federal court. The Missouri Attorney General sided with Barondes. Then the case was moved to Boone County from Cole county in Missouri, in 2016.

Three successive Missouri Attorney Generals have weighed in on the case in support of Professor Barondes position.  On 18 November, 2019, Judge Harris issued an opinion that the University rule banning all guns on campus, except for those granted the privilege by the University administration, was Constitutional under the Constitution of the state of Missouri. Judge Harris relied on the testimony of two University police chiefs for most of his ruling. From the opinion:
Based largely on the testimony from law enforcement, the Court finds that the Rule satisfies strict scrutiny and is constitutional. The University presented unambiguous and essentially unrebutted testimony in support of the Rule from two police chiefs with nearly 70 years of law enforcement experience, backed by statistical evidence.
In the opinion, there did not seem to be any reference to any statistical evidence presented by the University police chiefs. It appears they simply presented their opinions. It should be noticed the University police chiefs are not neutral parties. The University rules grant them a privilege on campus no one else is allowed. They and a few other University employees have the sole privilege of being armed. In addition, their jobs depend on pleasing their superiors, who have made their opposition to allowing arms on campus clear and unequivocal. The police chiefs testimony is full of speculation, conjecture, and hypotheticals.

The police chiefs testimony does not qualify as data, or as a scientific study, or as unbiased. It is simply their opinion, which may have been colored by personal gain and fear of retribution from their employer.

The University cited statistical claims made by anti-Second Amendment partisan Dr. John Donohue. 

There are several bizarre claims made in the opinion by Judge Harris.

Judge Harris claims the rule is "narrowly tailored to achieve a compelling interest". It is hard to see how a complete ban on firearms, with the minor exception of those approved of by the University administration, is "narrowly tailored".

If the rule is "narrowly tailored" to promote "public safety" then a state law, banning all ownership and carry of firearms in the State of Missouri, would also be "narrowly tailored" thus rendering the protection of the right in the Missouri Constitution meaningless.

It is very difficult to believe the judge examined less restrictive measures, as he is required to do under strict scrutiny. 

The Judge writes that banning firearms possession from all but those in approved programs or persons in the line of duty, is less restrictive than banning felons from possession, even though banning possession of firearms by felons is explicitly allowed by the Missouri amendment.

The Judge writes that minimizing theft on its property, including theft of firearms, is a "compelling interest". By this standard, the University would be authorized to prohibit all private property on its campus. That would minimize the theft of private property.

The Judge writes, citing a federal case, that the right to arms is less protected outside the home than inside. 

The case will likely be appealed.

In Wisconsin, we have seen the will of the people subverted by an activist anti-constitutional court.

In Missouri, we may find out if the Supreme Court judges are as biased against the right to keep and bear arms as were the judges in Wisconsin. Four judges on the Missouri Supreme Court were appointed by Democrat governors. Three judges on the Court were appointed by Republican governors, as of September, 2019.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

TX: Victim Shoots at Suspected Theives

Police said one of the suspects pulled out a weapon believed to be a gun, when the victim pulled out a handgun he was legally carrying and shot “some rounds” toward the suspects vehicle.
More Here

TX: Suspect Shot During Gas Station Robbery

A would-be robber was shot during a gas station robbery Friday morning in west Houston, according to police.

More Here

OK: Woman Shot, Killed, Man Wounded as Bail Bondsman Serves Warrant

According to police, the shooting was reported about 11:30 p.m. at a hotel near Meridian and Southwest 15th Street. A bail bondsman went to the hotel to serve a warrant and got in a fight with two people in a room, police officials said.
More Here

MI: Suspect Shot by Employee after Breaking into Business

After investigating, they determined the male suspect had broken into a business that had closed for the night. An employee confronted him and he was shot but only sustained non-life-threatening injuries.
More Here

Saturday, November 30, 2019

Black Bear Attack Stopped with .45 on Second Floor of Motel

Gregg and dog

On Thursday night, 7 November, 2019 a little after 11 p.m., at the Motel 6 in Gatlinburg, Tennessee, Greg Sapp was on the walkway outside of his and his wife, Viki's motel room on the second floor. He was getting a smoke. He did not know he would be emptying his Kimber .45 into a charging black bear within seconds.

Link to video

He was facing outward from the motel. Room 240 has one wall in common with the outside of the motel, with another in common with the breezeway that connects to the rooms on the other side of the motel. Greg was at the railing, with his back to the breezeway and the corner of the room. He had left the door of the motel room open a few inches, so he could communicate with Vicki.

The temperature was about 47 degrees. He was wearing a green Columbia winter jacket. It wouldn't be easy to get at a holstered Kimber Ultra Carry II in an inside the waistband holster, wearing a zipped up winter jacket. Greg had put the pistol, cocked and locked, in his right front jacket pocket. Greg says he carries everywhere he goes, where it is legal. Both Greg and Vicki have Tennessee carry permits.

Greg and Vicki had ended up in the Motel 6 by mishap. They were in Gatlinburg to visit a friend from Michigan, who was spending a few days in the city. They had to drive a few hours. The reservations were for a pet friendly motel. By mistake, the staff had put them in a non-pet friendly room. They had brought their dog with them. They had to scurry to find a motel which would accommodate their pet.

View from Room 240 side of Motel, looking through Breezeway
At the railing, smoking, with his back to the breezeway, Greg heard a ruckus behind him.

 Bam, bang, crash.

He turned around, and looked. There, no more than 20 feet away, its feet on a tipped over trash can, was a huge black bear. The bear did not notice him immediately.

But Greg's dog had come out, and peaked around the corner. It growled and emitted a bark,! The bear jumped over the downed trash can, landed with a Woof!, and charged directly at Greg.

Everything happened extremely fast, but Greg had moved into the psychological state of tachypsychia, where everything seems to slow down. This is a common effect when a human perceives a deadly threat. The effect also distorts distance, and can cause tunnel vision, focused on the threat.

Greg said: Oh f*ck! The .45 Kimber appeared in his hand and he was firing, with the bear taking up his whole field of vision. Greg told me:
"Everything went into like, time lapse." "It seemed like it took forever!"
In Greg's heightened state of awareness, he could hear the first three bullets hit.

Thunk, thunk, thunk.

Then his ears were ringing. The bear dropped its head down as he fired the last three shots at extremely close range, Greg said it was three feet or less.

The bear hit the railing of the walkway two feet from him, turned left, and went down the walkway away from Greg, who had the empty Kimber in his hand.

Vicki, standing at railing , facing breezeway, just outside room 240

Vicki, inside the room, heard Greg scream, and heard the shots, fired very fast.
Blam, blam, blam, blam, blam, blam!

The entire sequence, from the "Woof!" to the bear hitting the walkway took about two seconds.  Vicki made it to the motel door, and onto the walkway, to see the back of the bear moving down the walkway, away from them. Vicki said:
"This thing was huge. It took up almost the whole walkway!"

Walkway wounded bear used to leave the scene, from Greg's position

The bear went down the stairs and into the forest. It was bleeding profusely.

Greg is a veteran with 10 years in Marine Corps Recon. He is 53 years old. He and Vicki have some acreage with their own private range.  He is about 5' 10" tall and 180 pounds. He shoots there often.

His speed and accuracy are the expected results from practice. 

Greg and Vicki called the police. When the police investigated, neither they, nor Vicki, could find any indication any of the bullets had impacted the hotel walls, walkway, or ceiling. All six bullets had gone into the bear and stayed there.

Greg had loaded the magazine with five rounds, with a round in the chamber. He had found, through experience, a fully loaded magazine to be less reliable in his little Kimber.

The cartridges were Federal HST rounds, an aggressive hollow-point design made for defense against humans. The Kimber Ultra Carry II  has a three inch barrel, which likely reduces the velocity by 10-15% compared to a standard five inch barrel.

One neighbor said they had seen the bear previously, and believed it to be 500 lbs.  Greg initially thought it was 350-400 lbs. Everyone agrees it was a big black bear.

In early November, with plentiful food, it would have had four inches of fat on, under the skin.

The HST rounds probably did not penetrate far enough to reach the bear's vitals.  Two weeks after the charge and shooting, a neighbor said he believed he had seen the bear back in the area, but he could not be certain. He said one big, black bear looks much like another big, black bear.

A retired officer commented about the bullet's performance. He said years ago, he had seen a big black bear which had been hit by a car, in the late fall. An officer had shot it with a .40 caliber, in the neck, to put it out of its misery. The .40 caliber hollow point was not sufficient, and a 12 gauge slug was used to finish the job. When the taxidermist skinned out the bear, they found the expanded .40 caliber lodged in the bears neck. It had not penetrated to the spinal column or entered the chest cavity. In a test by, the HST .45 cartridge had one of the most aggressive expansion and the lowest velocities, of self defense .45 rounds.

Greg says he had considered bringing his Glock 29 10 mm instead of the Kimber .45, but he was not expecting to have to shoot a bear. He had left the Glock and took the Kimber. He thinks .45 full metal jacketed ball ammunition would likely have been sufficient to take down the bear.

When the police investigated, they followed the blood trail until it stopped. They did not find the bear. An officer asked why Greg had not retreated to the hotel room. Greg said there was no time to do so.

Blood trail from wounded bear in Gatlinburg

Greg was not cited for shooting the bear. He was cited for reckless endangerment and unlawful discharge of a firearm. The police impounded his Kimber as evidence. The Kimber, with custom modifications, is worth about $1800.

Greg's .45 Kimber

Greg has contacted an attorney and will fight the charges.

The claw marks on the cement floor of the walkway show the bear was very close. There may be surveillance video of the bear at the motel.  The bear did not have to come at Greg.  It was not trapped in the breezeway. The breezeway behind the bear was open, with a stairway leading down, directly from the breezeway.

Vicki said, between the time they had checked in on Thursday, until they checked out, a sign had gone up near the register, warning about bears.

Both Greg and Vicki believe if Greg had not had his .45, he would have been mauled or killed.

Gatlinburg has a lot of bears in the town. There are many stories of bears wandering about the city. The city may perceive them as a tourist draw. Many residents believe the bears pose no threat. Tennessee wildlife managers disagree. From
Tennessee Wildlife Resources Agency experts are asking Tennesseans to educate themselves, and their neighbors, about proper behavior in bear country. They say bears that become habituated to human food pose a much greater human threat. The smell of grease on a grill, ripe vegetables in a garden, trash and bird feeders not only attract bears, they provide easy meals for bears. Once a bear gets this easy meal, it doesn't forget. And the experts say, "A fed bear is a dead bear," meaning they often have to be euthanized.

The bear experts say that simply capturing and relocating a conditioned, dangerous bear isn't an option.
Gatlinburg is a tourist town. The video of the bear on the walkway of the Econolodge was taken less than two miles from the Motel 6, and posted on 28 October, 2019. It may have been the same bear.

Many people will be interested in Greg Sapp's legal battles. If he loses on either charge, he might lose his Tennessee carry permit.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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