Tuesday, May 17, 2022

IN: Homeowner Shoots, Kills, 2 of 4 Intruders

AUBURN, Ind. (WANE) — An Auburn homeowner shot two suspected armed intruders dead and held two more at gunpoint early Sunday.

It was just before 6 a.m. when four people reportedly broke into a home at 1650 S.R. 8, near the Walmart Distribution Center on Auburn’s far west side.

More Here

OH: 71-Year-Old Shoots Intruder During Struggle

A 71-year-old man shot a suspect that was breaking into his garage early Saturday, police say.

At 3:14 a.m. the Columbus Division of Police was called to the 1100 Block of Carolyn Ave after a shooting.

The victim said he woke up to someone breaking into his garage and went to confront the suspect with a gun. 

 According to police, there was a struggle and the victim's gun "accidentally went off," striking the suspect in the upper chest.

More Here

Monday, May 16, 2022

VA: Attempted Carjacking results in one Dead, one Seriously Injured

One person is dead and another is hurt following an alleged carjacking at an Alexandria, Virginia gas station.

It happened just after 3 p.m. Friday on the 2300 block of Richmond Highway just south of Potomac Yard.

When police arrived, they found one male who was dead and another with serious injuries, Alexandria police spokesman Courtney Ballantine said.

More Here

Sunday, May 15, 2022

PA: Armed Victim Shoots, Kills Robber

Police say a robber is dead after being shot by the man he was trying to rob in South Philadelphia Wednesday night.

A 24-year-old man was smoking a cigarette outside his house on the 2200 block of South 6th Street when a man approached on a bicycle, according to police.


More Here

OR: Shooting of Tresspasser Deemed Justified

The Jackson County District Attorney's office announced the decision not to press charges against a 79-year-old man who shot and killed a man he assumed to be trespassing on a neighbor's property. The DA's office said the man was acting in reasonable self-defense because he believed the trespasser, 65-year-old Brian Patrick Arnold, had a gun, when in fact, the object in his jacket was a flashlight.

The state said they were not able to disprove Bradley's self-defense claim because Bradley's testimony was more reliable than the other eye-witness in the incident, who said Bradley fired without cause.

More Here

Saturday, May 14, 2022

Ninth Circuit: California Ban on Sales of Semi-Automatic Centerfire Rifles to 18-20 Year Olds Violates 2A

 

On May 11, 2022, a three judge panel of the Ninth Circuit, based in California, struck down California's ban on the sale of semi-automatic centerfire rifles to young adults ages 18-20. The case is Jones v. Bonta. Bonta is the current Attorney General of the State of California. The opinion was filed precisely a year after the appeal was submitted on May 12, 2021.

The decision was mixed, with Judges Nelson and Lee in the majority, and Judge Stein dissenting.

The District court had held a requirement to possess a hunting license, in order to purchase any long gun, was permissible under the Constitution and intermediate scrutiny.  State law was changed while the case was under review, to ban nearly all 18-20 year old people from purchasing centerfire semi-automatic long guns. The plaintiffs were allowed to amend their complaint. The District court then held the ban on semi-automatic centerfire rifles did not violate the Second Amendment.

The three judge panel of the Ninth Circuit disagreed. They held the requirement for a hunting license did not violate the Second Amendment, but the ban on the purchase of semi-automatic rifles by 18-20 year old people violated the Second Amendment. From the decision:

America would not exist without the heroism of the young adults who fought and died in our revolutionary army. Today we reaffirm that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.

California has restricted the sale of most firearms to anyone under 21. Plaintiffs challenged the bans on long guns and semiautomatic centerfire rifles under the Second Amendment. The district court declined to issue a preliminary injunction.

We hold that the district court did not abuse its discretion in declining to enjoin the requirement that young adults obtain a hunting license to purchase a long gun. But the district court erred in not enjoining an almost total ban on semiautomatic centerfire rifles. First, the Second Amendment protects the right of young adults to keep and bear arms, which includes the right to purchase them. The district court reasoned otherwise and held that the laws did not burden Second Amendment rights at all: that was legal error. Second, the district court properly applied intermediate scrutiny to the long gun hunting license regulation and did not abuse its discretion in finding it likely to survive. But third, the district court erred by applying intermediate scrutiny, rather than strict scrutiny, to the semiautomatic centerfire rifle ban. And even under intermediate scrutiny, this ban likely violates the Second Amendment because it fails the “reasonable fit” test. Finally, the district court also abused its discretion in finding that Plaintiffs would not likely be irreparably harmed. We thus affirm the district court’s denial of an injunction as to the long gun regulation, reverse its denial of an injunction as to the semiautomatic centerfire rifle ban, and remand for further proceedings consistent with this opinion.

The tradition in the Ninth Circuit has become one in which any three judge panel which upholds a substantive right to arms under the Second Amendment will be re-heard by an enbanc panel, where the decision will be reversed. The hostility to the Second Amendment by the Ninth Circuit has become predictable and certain.

The question of age requirements for the exercise of the right to keep and bear arms is under review in other circuits.  A Florida law banning the sale of long guns to 18-20 year old people is in the Fifth Circuit. In the Fourth Circuit, the appeals court struck down a federal law banning sales of handguns to 18-20 year old people.

The issue is likely to make its way to the Supreme Court at some time.

Currently, the Supreme Court has heard the New York Rifle & Pistol Association v. Bruen case; it will likely issue an opinion by the end of June this year, 2022.

The NYR&PA case deals with the right to bear arms outside the home. It is likely to reveal more of the Court's thinking on the Second Amendment generally. One possibility is it may strike down the convoluted "two tier" test to determine if a law is permissible under the Second Amendment. The "two tier" test has devolved into a method allowing the courts to find nearly any infringement on Second Amendment rights to be acceptable, according to a member of the Ninth Circuit. From reason.com:

"Our circuit has ruled on dozens of Second Amendment cases," VanDyke noted, "and without fail has ultimately blessed every gun regulation challenged, so we shouldn't expect anything less here."

It is almost certain the Supreme Court decision in the NYR&PA case will be published before an enbanc panel is convened to reverse the recent three judge panel decision in the Ninth Circuit on the ban of the sale of semi-automatic rifles to 18-20 year old people. --

.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

VA: Shooting in Motel room Deemed Justified

DUMFRIES, Va. (WRIC) — A motel room shooting that occurred on Monday, May 9, in Dumfries resulted in one injured. However, Prince William County Police Department determined the shooting to be justified.

Shortly after 7:30 p.m., officers responded to a suspected shooting at the Motel 6 located at 17133 Dumfries Road.

An investigation into the incident revealed that two male residents of the motel — a 44-year-old and a 34-year-old — had become involved in a verbal argument in the parking lot.

After a brief physical altercation, the manager of the motel intervened and the two men separated, returning to their rooms.

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WA: Domestic Defense, 18-Year-Old Brother Shoots Sister's Boyfriend

Prosecutors will not pursue charges at this time against a Yakima man, 18, who shot his sister’s boyfriend Tuesday.

Yakima County Prosecuting Attorney Joe Brusic said Friday his office would not be able to disprove a self-defense claim beyond a reasonable doubt.

“We evaluated all the evidence (Yakima police) had received, and it was a true self-defense case,” Brusic said.


More Here

Friday, May 13, 2022

Coyote Attack in Dallas Leaves Child in Critical Condition


On May 3rd, in the Lake Highlands neighborhood of the Dallas metroplex, a coyote attacked a two year old toddler on the front porch of the toddler's residence. It was about 8:30 a.m., according to AP. From Fox4kdfw

On May 3rd, in the Lake Highlands neighborhood of the Dallas metroplex, a coyote attacked a two year old toddler on the front porch. It was about 8:30 a.m., according to AP. From Fox4kdfw:

A 2-year-old child is in critical condition at the hospital after being attacked by a coyote in Dallas. 

Police said it happened around 8:30 a.m. Tuesday morning in the Lake Highlands area while the child was sitting on the front porch of a home on Royalpine Drive, which is not far from White Rock Creek.

Another coyote attack on a toddler had happened a week earlier in Huntington Beach, California.

In Vancouver, Canada, a spate of coyote attacks triggered an official response in 2021. 45 people had been bitten by August of 2021. By the end of the year, eleven coyotes had been culled. No more attacks were reported. Vancouver park authorities made it illegal to feed coyotes.

In Texas, Governor Rick Perry made headlines when he shot an aggressive coyote which appeared to be menacing his dog, while out near Austin, Texas, in December of 2015.

The attack in Dallas was unusually severe. Most coyote attacks on people are bites or nips, where hospitalization is not needed. The Toddler in Dallas survived the attack, was in critical condition at the hospital, but is now recovering at home. From ksat.com:

DALLAS – A 2-year-old boy who was attacked by a coyote
on the porch of his Dallas home is recovering after surgery, and officials searching for the coyote said Thursday that three that were acting aggressively have been killed.

As coyotes have increased in population and adapted to urban areas, coyote attacks have increased. In one research paper 142 incidents were recorded from 1960 to 2006. In overlapping research, 367 incidents were recorded from 1977 to 2015.

When most people were armed, and considered coyotes a pest, coyotes learned to be wary of humans. In urban areas, many people consider coyotes to be closer to Disney characters. Some people value coyotes highly.

Coyotes are a common animal. They are not in any danger of extinction. Coyotes which become habituated to the point they do not fear humans should be removed from the population. While attacks by coyotes on humans are relatively rare, attacks on pets are common.

Eye witness accounts of coyotes taking, killing, and presumably eating pet dogs and cats are common. In one intensive radio collar study, 8 coyotes were found to kill 19 cats over 790 hours of observation (about 32 days). Coyotes also prey upon dogs. A pack of coyotes can pull down even a fairly large dog.

The legality of shooting coyotes to protect humans is fairly clear. If a human is endangered, shooting a coyote is justified. Pets are considered domestic animals.

It is legal to shoot dogs or coyotes which are attacking livestock or domestic animals. Here is the relevant Texas statute:

Sec. 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

(1) any person witnessing the attack; or

(2) the attacked animal’s owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

Many Texas cities have laws or regulations forbidding the discharge of firearms in city limits. They usually have exceptions for defense of self or others. It is less clear if an exception would be made for defense of domestic animals.

Texas became a Constitutional Carry state in 2021. Shooting coyotes safely in an urban environment takes extreme care.

It may be acceptable if the coyote approached closely and was not afraid. A shooter would have to be sure of a good backstop, so as to minimize risk to other humans.

Hollow point or frangible bullets would help reduce the chances of a ricochet.

A 2-year-old child is in critical condition at the hospital after being attacked by a coyote in Dallas. 

Police said it happened around 8:30 a.m. Tuesday morning in the Lake Highlands area while the child was sitting on the front porch of a home on Royalpine Drive, which is not far from White Rock Creek.

Another coyote attack on a toddler had happened a week earlier in Huntington Beach, California.

In Vancouver, Canada, a spate of coyote attacks triggered an official response in 2021. 45 people had been bitten by August of 2021. By the end of the year, eleven coyotes had been culled. No more attacks were reported. Vancouver park authorities made it illegal to feed coyotes.

In Texas, Governor Rick Perry made headlines when he shot an aggressive coyote which appeared to be menacing his dog, while out near Austin, Texas, in December of 2015.

The attack in Dallas was unusually severe. Most coyote attacks on people are bites or nips, where hospitalization is not needed. The Toddler in Dallas survived the attack, was in critical condition at the hospital, but is now recovering at home. From ksat.com:

DALLAS – A 2-year-old boy who was attacked by a coyote on the porch of his Dallas home is recovering after surgery, and officials searching for the coyote said Thursday that three that were acting aggressively have been killed.

As coyotes have increased in population and adapted to urban areas, coyote attacks have increased. In one research paper 142 incidents were recorded from 1960 to 2006. In overlapping research, 367 incidents were recorded from 1977 to 2015.

When most people were armed, and considered coyotes a pest, coyotes learned to be wary of humans. In urban areas, many people consider coyotes to be closer to Disney characters. Some people value coyotes highly. 

Coyotes are a common animal. They are not in any danger of extinction. Coyotes which become habituated to the point they do not fear humans should be removed from the population.

Texas became a Constitutional Carry state in 2021. Shooting coyotes safely in an urban environment takes extreme care. 

It would only be acceptable if the coyote approached closely and was not afraid. A shooter would have to be absolutely sure of a good backstop, so as to minimize risk to other humans. 

Hollow point or frangible bullets would help reduce the chances of a ricochet. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IL: Chicago, Armed Victim Shoots Woman who Pointed Gun at Him

A concealed carry holder shot a woman in the shoulder after she pointed a gun at him on Chicago's South Side Wednesday night.

The incident occurred in the 4800 block of South Michigan.

At about 10:25 p.m., a 27-year-old woman confronted a 26-year-old man who was walking toward his residence, and pointed a handgun at him.

More Here

NE: Jury finds Lendell Harris not Guilty in Shooting Death of Alonzo Jones

The fight was over a woman. 

LINCOLN, Neb. (KLKN) – A jury found Lendell Harris, 24, of Lincoln not guilty on Wednesday of second-degree murder, manslaughter and use of a firearm to commit a felony.

Lincoln Police say that in early September, Harris turned himself in for shooting Alonzo Jones, 28, at his apartment.

He was then arrested on suspicion of second-degree murder and use of a weapon to commit a felony.

Harris and Jones had a confrontation that led up to the shooting, police said.  Harris allegedly produced a gun during the fight and fired it.

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WV followup: Grand Jury says no Charges for person who Shot, Killed Tyrone Thompson

In a Monday evening news release, Smith said the regularly scheduled Ohio County grand jury convened and, after a full presentation of the evidence, did not vote to return any charges against the gunman.

Thompson, 35, of Wheeling, was shot and killed on South Huron Street on Wheeling Island around 7:30 p.m. March 19. The shooter was not arrested immediately following the incident, and Wheeling police did not release the shooter’s name because they had not been arrested.

Wheeling Police Chief Shawn Schwertfeger had said the shooter was questioned that night and cooperated with authorities. The shooter had claimed self-defense in the incident, which was one of several possible angles detectives had investigated.


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Thursday, May 12, 2022

NICS for April, 2022 Continues Trend: Third Highest on Record


 Lines are from 2021. Bars are from 2022.

The National Instant background Check System (NICS) numbers and gun sales for April of 2022 are in. They reveal a consistent trend of gun sales which are the third highest for the month on record. 

In April about 1.31 million more private firearms were added to the private stock in the United States. The previous records for April were in 2021 with 1.67 million sold; 2020, with 1.65 million sold, and in third place, 2016 with 1.07 million sold.

2022 is now in the third place position.

It appears there is a "new normal" of gun sales resulting from large numbers of new gun owners and a continuing confluence of instability in multiple sectors of people's lives. 

There is instability in the political process. About half the population believes the 2020 election was stolen or "rigged". The convincing documentary of 2000 Mules by Dinesh D'Sousa provides evidence for that view.  President Biden's approval ratings are very low.

There is instability in the economy. Inflation is rampant. Gasoline prices are at near record highs; small businesses are in tatters after the disastrous Covid19 lockdown policies. 

There is instability in foreign affairs. The hot Russia - Ukraine war continues with a furious pace of casualties and destruction of physical plant. The war seems to serve no useful purpose, except the fight for survival and national ego. 

There is instability in information and a severe lack of trust in information. The information war in Ukraine is in full swing, with both sides and outside influencers continually spinning and creating disinformation. 

Information is a weapon in war. It is to be expected all sides are attempting to maximize it for their benefit. Trust in media in the United States may be at an all time low. It is difficult to tell how it compares to trust during the Civil war or during the early republic. 

There is instability in domestic affairs. Crime levels have shot up to highs last seen 30 years ago, particularly in urban centers.  There are mass internal movements as populations flee the instability.

When there is instability, people desire more control over their lives. A primary means of control is the availability of firearms to protect themselves, their families, their property, and their neighborhoods. 

In more succinct and classic terms:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

While the demand for firearms is still high, it has dropped a few percent. Ammunition continues to be priced above the levels in 2019, but is becoming more available. Firearms are more available and firearm prices are trending lower.

Knowing how many gun owners there are in the United States is very difficult. Survey numbers vary significantly. It appears approximately 15 - 18 million new gun owners were created in the last three years. Reasonable numbers of gun owners in the United States could vary from 100 million to 130 million. It is impossible to know with certainty. During times of instability, gun owners are less likely to expose themselves to perceived risk by acknowledging they are gun owners.

If the current trend continues, there will be about 15 million guns sold through the NICS system in 2022, resulting in about 494 million guns in private hands in the United States by the end of 2022. The half of a billion mark will almost certainly be passed in 2023. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




CO Followup: Shooting of Robert Deffenbaugh by Dylan Boyle, was in Self Defense

GRAND JUNCTION, Colo. (KKCO) - District Attorney Dan Rubinstein has decided not to file charges against Dylan Boyle, 25, who was involved in the shooting death of Robert Deffenbaugh, 41, on March 14, 2022. The shooting occurred at the 29 Mile Apartments at 7:27 a.m.

According to the DA’s letter, Deffenbaugh approached Boyle asking for a ride to the gas station to purchase gas for his vehicle.

Boyle declined, and Deffenbaugh became agitated and proceeded to strike Boyle with a wrench, hitting him above the eye. Then Boyle retrieved “bear mace” from his vehicle and sprayed Deffenbaugh. At that moment, Deffenbaugh ran away, returning with a four-way tire wrench, which he threw at Boyle’s vehicle, denting it.

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IL: Retired Sheriff's Officer Shoots, Kills 1 of 3 Armed Robbers

CHICAGO (CBS) -- One of the people accused of attempting to rob a retired Cook County Sheriff's officer in April has died after that retired officer shot him. 

According to the Cook County Medical Examiner's Office, 14-year-old Corey Mason, of Chicago, died Wednesday. 

Police say on April 28 shortly after 5 p.m., the 60-year-old victim was walking to his vehicle in the 2800 block of West 66th Street when three men came up and one of them stuck a gun to his back. The other two took his property. 

CBS 2's Jermont Terry reported that the retired officer was OK, and all signs showed he had defended himself when the three robbers tried to take everything he had at gunpoint.


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Wednesday, May 11, 2022

OH: Domestic Defense? 33-Year-Old Phillip Moore Shot, Killed


Columbus police said they received a call around 9:05 p.m. in regards to a domestic dispute involving a gun.

Police said they received another call shortly after reporting that shots had been fired.

Officers arrived a found 33-year-old Phillip Moore suffering from a gunshot wound.

Moore was pronounced dead at 9:37 p.m. at OhioHealth Grant Medical Center.


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GA: Shooting at Dekalb County Home Determined to be Justified

Police have determined that a deadly Saturday night shooting in DeKalb County was an act of self-defense.

Two men got into an argument at a home on Wingfoot Court, police said Monday. One of them, 40-year-old Linus White, pulled a gun and shot at another man, according to a news release. The other man returned fire, killing White.


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Tuesday, May 10, 2022

An Undocumented Documented Case: Man killed by Wolves in March of 1939

 

Pack of wolves in Northern Wisconsin

The case of Crist Kolby and his probably death by wolf was first written by W. R. Selfridge and published in 1943 in Alaskan Sportsman. It was published again in 1956 in the book, Blood on the Arctic Snow, and examined again in The  Wolves of Alaska: A Fact-based Saga by Jim Rearden, a legendary writer, scientist and historian in Alaska. This article relies on the account in Blood on the Arctic Snow, supplemented with analysis from The Wolves of Alaska, and internet sources for the Ketchican Cemetary and the Thirteenth Annual Alaska Game Commission report, 1936-1937.

In February of 1939, Crist Kolby, a well known and successful Alaskan outdoorsman in Ketchican, Alaska, left to tend his trap line on the Thorn river, located on Prince of Wales Island. He took sufficient supplies for the trip, including a fairly new and top of the line Smith & Wesson .357 magnum revolver. Less than 5,000 had been produced at that time.  Kolby was routinely armed, known to be a good woodsman and to be in top physical condition, at 40 years old.

When Kolby failed to return by July, the United States Commissioner sent two men to investigate the situation. They found Kolby's base of operations, 10 miles up the river, in the old Hudson cabin, without difficulty. It appeared Kolby had left on a day trip on March 2nd, and had never returned.  An extensive search near the cabin discovered a rowboat up a creek. The men came to the conclusion an addition search for his remains would be futile in the summer foliage. They returned to Ketchican with his belongings from the cabin. An executor for his estate was appointed in Ketchican.

Kolby's friends were not satisfied. They suspected foul play. Another expedition was appointed to do a comprehensive search in October of 1939. They took gear to drag the nearby lakes for his body. The head of the expedition was former game warden W.R. Selfridge, who knew the area intimately. Three other men rounded out the investigatory party. They found the cabin as described by the former investigators, late on a Monday afternoon, October 30. Almost a week later, after diligent searching, they found clothes, effects and limited remains they concluded were of Crist Kolby.  It was Sunday, November 5th, 1939.

One of the key findings was the holstered revolver, still on a buckled belt, with teeth marks on the holster consistent with wolf bites. The revolver was unloaded. It had a broken mainspring. It was one of  the rare (in 1939) .357 magnums.  Cartridges were found in a pocket. No pack was found.  

Circumstantial evidence strongly suggested Kolby had been pursued by wolves while on the ice of the lake. A coat, sheath knife with wolf bite marks on the handle, and torn shirt sleeve cuff, were found on the shore. The scattered remains of clothes, buckled belt with holstered revolver and knife sheath, and bone fragments, were found 50 feet away, under two trees. Bone fragments and the mostly intact skull were found scattered over a hundred foot radius.  The bones of one arm were found three feet from the shore, under water.  To the experienced woodsmen reading the sign, only one conclusion fit the evidence: 

Crist Kolby had been pursued by wolves. He knew his revolver did not work. He dropped his pack on the ice of the lake, and made it to the shoreline where he fought a little while with his sheath knife, desperately trying to reach climbable trees. Close to the trees he was dragged down and killed.

The fact the revolver was holstered and unloaded supports the hypothesis the broken mainspring had been discovered after Kolby had left the cabin on his final trip. It would be very strange to bring a useless revolver on a trapping expedition. Unloading the revolver and putting the cartridges in a pocket is exactly what an experienced man would do as they attempted to diagnose a problem. 

No one with experience would work on a loaded revolver. At the time, all Smith & Wesson .357 magnums were custom ordered. While expensive, at $60, such a revolver indicates a firearms enthusiast. $60 was the equivalent of 3-6 prime mink pelts of the era.  In constant dollars, the price would be about $1,100 today. 

In November of 1939, the four men of the official investigatory team posted this notice on a tree:

IN MEMORY OF Crist Kolby

Killed and ate up by wolves in March 1939.

Found November 5, 1939. Found by:

W.R. Selfridge

Vic Hautop

W.A. Miller

M. Walker

The bone fragments and skull were gathered and returned to Ketchican. The Ketchican cemetery shows a grave site for a Chris Kolby which appears to date from the era.  It does not give a birth date or date of death.

Was Crist or (Chris) Kolby killed by wolves? Probably. He almost certainly was eaten by wolves. A small chance remains he died of exposure, heart attack or other malady/misadventure near the shore of the lake. 

It is not impossible a wolf unsheathed the knife, bit it, and carried it to the shoreline, along with the coat and torn shirt cuff, and bones of the arm. 

As noted by the investigators at the time, no one had been killed by wolves in Alaska, where the attack was witnessed.  Accounts of people treed by aggressive wolves have been fairly common. There have been two in the last decade in the lower 48 states, one in Washington, one in Michigan.

The concept a pack of aggressive wolves would be able to run down a man who only had a belt knife to defend himself, successfully pull him down, and kill him, is uncontroversial.

The evidence demanded to "prove" a person was killed by a wolf or wolves is very difficult to produce. It can be done if there are witnesses, the wolves can be killed to find a DNA match to DNA on the body, and a forensic investigation can be done in a timely manner. Wolf advocates will go to great lengths to prevent such a finding, as documented by Valerius Geist.

In most plausible cases of wolf attacks, those factors will not be available. 

Such is the case with Crist Kolby's death.  It is an undocumented, documented case of death by wolf.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 


TX: San Antonio Homeowner Shoots Suspect who Attempted Break-in

SAN ANTONIO – A man who broke into a West Side home overnight was shot by the homeowner and later tried to run from officers, according to San Antonio police.

The incident happened just after 1:30 a.m. Sunday near Wilmot and Knoke streets, near North General McMullen.

Police said the man tried to break into the home and the homeowner, a man in his 50s, grabbed a gun and shot the suspect twice.

The suspect ran away but was found by emergency medical services down the road.


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GA: Husband Shoots, Kills, Naked 25-Year-Old Man who Attacked his 67-Year-Old Wife

LIZELLA, Ga. — Investigators in Georgia say a homeowner shot and killed a naked man who attacked the homeowner’s wife while she was mowing the lawn.

Bibb County Sheriff’s deputies said in a news release that a 67-year-old woman was cutting her grass using a riding mower when a naked man tackled her.

The victim’s husband tried to pull the suspect off her, but was then attacked himself. When the suspect started to attack his wife, the husband got his gun and shot the suspect, WSB reported.

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Followup FL: Charges Against Sabrina Hedley Dismissed

HILLSBOROUGH COUNTY, Fla. — The charges against Sabrina Hendley in the case of the shooting death of her husband have been dismissed.

 Hendley could have spent the rest of her life behind bars after deputies said she shot and killed her husband in 2018. Advocates stood in her corner, saying what led up to that night was years of alleged abuse and that she acted in self-defense.

 Now years later, the charges against Hendley have been dismissed.

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Monday, May 09, 2022

New Hampshire Legislature to Send Reform of Gun Carry on ATVs to Governor Sununu (video)


On April 28, 2022, the New Hampshire Senate voted to pass House Bill 1636, which removes the ban on carrying loaded pistols and revolvers on ATVs and snowmobiles. The bill was passed on a voice vote at about 6:21:30 on this video of the New Hampshire Senate session.

The House passed House Bill 1636 on March 10 with a vote of  204 to 134, with 54 not voting.

New Hampshire passed Constitutional Carry five years ago in February of 2017. Several attempts have been made to remove the ban on ATV and Snowmobile carry, the last being in 2021. Governor Sununu vetoed that bill, HB 336, because it contained reforms of the NICS checks, now done by the New Hampshire State Police. In his veto message, he wrote he would sign a stand along bill to remove the ATV and Snowmobile carry ban. From the Governor's office in 2021:

I support the provisions in this bill that would apply our constitutional right to carry a firearm to OHRVs and snowmobiles, and hope to sign such a bill next year. It is unfortunate that the legislature chose to tack on unrelated legislation that will cause those provisions to not move forward.

As Governor, my record is very clear - I have consistently defended the 2nd amendment rights of New Hampshire's citizens and I remain committed to doing so. New Hampshire's laws are well-crafted and fit our culture of responsible gun ownership and individual freedom. The background check provisions are not about firearms rights, they are about government administrative processes. This bill, which was introduced to solve a problem caused by the COVID-19 pandemic, is no longer necessary. New Hampshire has taken steps to improve technology, processes, and staffing in order to address this issue without legislation.

House Bill 1636 is a simple stand alone bill which removes the current ban. From HB 1636:

1  Off Highway Recreational Vehicles; Loaded Firearms Prohibited.  Amend RSA 215-A:20 to read as follows:

215-A:20  Loaded Firearms Forbidden.  No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded.  This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

2  Snowmobiles; Loaded Firearms Forbidden.  Amend RSA 215-C:35 to read as follows:

215-C:35  Loaded Firearms Forbidden.  No person shall carry on a snowmobile, or a trailer towed by same, any firearms unless said firearm is unloaded.  This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

3  Effective Date.  This act shall take effect upon its passage.

There is plenty of time left in the legislative session for Governor Sununu to sign House Bill 1636. The bill was not amended in the Senate. It should go to his office shortly. There are administrative procedures which need to be done to insure the bill's accuracy and legality before it is transferred to the governor for signature.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.




MI: Home Invasion Suspect Shot, Killed. Investigation ongoing

It was six o'clock in the morning when police chief David Saad was just getting to work and was called to this home for a reported break-in.

"My officer and I arrived at the scene, it was six am so I was just coming into service as well as him, when we responded down over here, we received the call, and as we were making entry into the residence that's when the shots went off," says Saad.

Saad was in the home and saw the gunshots being fired.

He says the suspect in the home invasion was shot to death. The male homeowner, Saad and the officer were not injured.

More Here

CA: Gunfight, Store Employee wounded, released, 1 of 4 Robbery Suspects Wounded

The gunfire broke at the "Smoke Shop" just before 7 p.m. in Compton, the Los Angeles Sheriff's Department said. Four people entered the store and pointed handguns at an employee behind a counter. 

An employee appears to be wearing a ballistic vest with "SECURITY" written on it, according to security footage released by authorities Wednesday. One suspect can be seen taking out a gun and pointing it at him.

The employee pulls out a gun and a gun battle ensued. The suspects trip over each other as they try to flee and fire several rounds at the store employee. 

He was shot in the neck and face but was later released from the hospital. 

A half-hour after the gunfire exchange, deputies responded to Martin Luther King Hospital for a gunshot victim. Investigators said the victim was one of the four suspects at the smoke shop who had been wounded.

More Here

Sunday, May 08, 2022

Misleading numbers: Spectrum Article and Letter to the NEJM

Data from CDC WISQARS

On April 23, Spectrumnews1.com published an article by Ryan Chatelain about a letter to the New England Journal of Medicine (NEJM). The letter was about the increase in firearm related deaths among young people aged 0-19. There was a significant increase in 2020 over 2019. Few Americans would be surprised by this, as the increase in homicides, especially in urban centers among young minority adults, is well known.  In a peculiar twist, Chatelain attributes the cause of the deaths to firearms. This was a significant change from the letter to the NEJM. From spectrumnews1.com

Firearms have surpassed automobiles as the leading cause of death among children and adolescents in the United States, researchers at the University of Michigan say.

The letter to the NEJM contained the peculiar grouping of young adults 18-19 as "children and adolescents". It was careful not to claim that firearms were the cause of the deaths.

From nejm.com, letter to the editor:

The previous analysis, which examined data through 2016, showed that firearm-related injuries were second only to motor vehicle crashes (both traffic-related and nontraffic-related) as the leading cause of death among children and adolescents, defined as persons 1 to 19 years of age.4 Since 2016, that gap has narrowed, and in 2020, firearm-related injuries became the leading cause of death in that age group (Figure 1).

(snip)

 Although the new data are consistent with other evidence that firearm violence has increased during the Covid-19 pandemic,5 the reasons for the increase are unclear, and it cannot be assumed that firearm-related mortality will later revert to prepandemic levels. Regardless, the increasing firearm-related mortality reflects a longer-term trend and shows that we continue to fail to protect our youth from a preventable cause of death.

There are two important differences between the Spectrumnews article and the NEJM letter.

First, the NEJM letter correctly uses the terms  "firearm-related injuries" and "motor vehicle crashes", not firearms and automobiles

Second, the NEJM letter states "the reasons for the increase are unclear". The Spectrum article implies the reasons are clear: firearms. 

The NEJM letter states the increase in firearm related mortality among people aged 1-19, from 2019 to 2020, was 29.5%. 

The increase in national firearm numbers from 2019 to 2020 was about 441 million, to about 462 million, an increase of about 5%.  It is difficult to believe a 5% increase in firearms resulted in a 29.5% increase in firearm related mortality. 

Increases in the number of firearms have not correlated with increases in the number of firearms related deaths, particularly firearms related homicides, which make up over 80% of the increase noted above. 

Why the research cited in the NEJM letter defines "children and adolescents" as people below the are of 20, is uncertain. People 18 - 19 are considered young adults, not children.  The World Heath Organization (WHO) defines adolescents as somewhere between the ages of 10-19.  The word is imprecise. Some people are considered adolescent up to 24 years old. The NEJM reference research may be using an abbreviated WHO definition.

The legal definition of a child is less than 18 years old. It seems appropriate, as many firearms laws differentiate between legal adults and children.

Including 18 and 19 year olds in the firearm related death categories almost doubles the number of deaths, from 2,281 to 4,368. 

If the firearm related deaths are examined closely, it becomes obvious; certain cultural groups have high homicide rates among young people. Other cultural groups have higher suicide rates among old people.  Most of the homicides and suicides in both cultural groups are among males. 

It is not clear that legal access to firearms increases or decreases either suicide or homicide in either group. What effects there may be are small and difficult to measure. 

Cultural attitudes toward homicide and suicide appear to have large effects, which are easily measured.

Opinion: 

To reduce homicide and suicide levels, the focus should be on education and attitudes, instead of firearms.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


MO: Private Security Firm Claims Self Defense in Kansas City Shooting

Kile told police the victim became agitated and yelled an expletive, according to the court documents. The victim eventually got out of the vehicle as Kile ordered him to the ground as they waited for police and Kile said he was pointing his weapon at the victim as the victim exited the vehicle, according to the documents.

That's when Kile told police the victim ran at him in a threatening manner and attempted to grab Kile's firearm, according to court documents. Kile told police he feared for his life and backpedaled away from the victim approximately 15 feet, according to the documents. Kile said he fell backward, as he was moving away and fired two rounds striking the victim, in his statement to police.

More Here

WA: Armed Woman Shoots Man who Threatened Employees with a Knife

Police say a 45-year-old man, who brandished a knife, threatened workers at the Quality Inn and Suites Tacoma in the 8800 block of South Hosmer Street around 11:45 p.m. 

A 32-year-old female employee shot the man, who was taken to the hospital with non-life-threatening injuries. He was shot in the left abdomen, according to the police scanner. The woman called 911 claiming she shot someone outside and the victim was still moving on the ground.

 

More Here

Saturday, May 07, 2022

Will Elon Musk Change Twitter's Ban on Advertising for Weapons?

 


 Elon Musk 14 April, 2022 by Steve Jurvetson CC 2.0

Will Elon Musk change Twitter's political policy on banning advertisements for anything they percieve as a weapon? The list is broad and purely political.

Elon Musk has been making headlines with his aquisition of Twitter. Twitter has become famous for taking sides during the 2020 election by banning the New York Post, after it released the bombshell article about the Hunter Biden laptop and Biden family corruption. After the election, they banned sitting President Donald Trump. 

Some surveys have claimed the ban on the news of Biden family corruption allowed President Biden to  take the presidency. Some polls show the difference was more than enough to swing the election. Many voters have said they would have voted against Biden if they had known, before the election, what we know now. The information was suppressed and hidden by Twitter and other media outlets.

Elon Musk says he wants Twitter to become a bastion of free speech for everyone, barring only content which is illegal. From Elon Musk on Twitter

 By “free speech”, I simply mean that which matches the law. 

 I am against censorship that goes far beyond the law. If people want less free speech, they will ask government to pass laws to that effect. 

 Therefore, going beyond the law is contrary to the will of the people.

Elon Musk is in the process of purchasing Twitter. He has said he is a free speech absolutist. He has not yet taken control of the company. Control may not be transferred until October of 2022. 

The Twitter Woke policy prohibition on the advertisement of "weapons" is absolutist and absurd. From Twitter.com:

Twitter prohibits the promotion of weapons and weapon accessories globally.

Examples of weapons and weapon accessories include:

  • Guns, including airsoft guns, air guns, blow guns, paintball guns, antique guns, replica guns, and imitation guns
  • Gun parts and accessories, including gun mounts, grips, magazines, and ammunition
  • Rental of guns (other than from shooting ranges)
  • Stun guns, taser guns, mace, pepper spray, or other similar self defense weapons
  • Swords, machetes, and other edged/bladed weapons
  • Explosives, bombs, and bomb making supplies and/or equipment
  • Fireworks, flamethrowers, and other pyrotechnic devices
  • Knives, including butterfly knives, fighting knives, switchblades, disguised knives, and throwing stars

Probably over half the earth's population understands that weapons have utililty, as they have for all of man's existence. It is an extreme policy to claim that weapons, even toy weapons, collector's weapons, tools, knives, and self-defense items which are legal in the vast majority of countries, are somehow "bad" and should not be allowed to be advertised.  

It is hubris on the part of Twitter of a high order.

Prohibiting the advertisement of weapons, especially to the absurd degree found in current Twitter policy, is taking an extreme side in a political debate. 

In the United States, there is the Second Amendment. Twitter's policy is an implicit statement the Second Amendment is a political error. In 2020 and 2021, the purchase of firearms alone (excluding other items banned by the Twitter policy) hit record levels, with record levels of new gun purchasers. 

Nearly 40 million private guns were added to the American stock, with about 14 million new gun owners.

Analysis:

Elon Musk has shown he understands the utility of weapons, as he has donated the use of Starlink to Ukraine to aid in its defense. He claims to have thwarted efforts by Russia to hack and take down the Starlink system.

If Elon Musk is consistent with his free speech absolutism, the ban on the advertisement of legal weapons will be removed as Twitter policy.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

FL: Prosecutors Determine Sister Shot, Killed Sister in Self Defense

Prosecutors have decided not to pursue a murder charge against a 30-year-old Merritt Island woman after determining she acted in self-defense during a deadly struggle with her sister.

Brittany Da’Vell Bishop-Gillison had been charged with murder with a firearm in connection with the death of Kapricia Bishop at a Topaz Court apartment on March 25, records show.

More Here

MI: Gunfight, Kent Homeowner Kills Intruder

KENT COUNTY, MI -- A Kent County homeowner who traded gunfire with an intruder trying to steal his truck keys, killing the man, was justified in using deadly force, prosecutors have ruled.

Kent County Prosecutor Christopher Becker issued a ruling Tuesday, May 3 on the March 30 shooting at a Byron Township home on 108th Street just east of Wilson Avenue.

More Here

TX: Neighbors in Dispute, Man Pusues Neighbor into his Home, is Shot, Killed

A man confronting neighbors about damage to his pickup truck was shot and killed when he refused to leave them alone, authorities in Texas said. 

The Liberty County Sheriff’s Office was called to the fatal shooting of Christopher Aaron Jorgensen, 32, at about 11:40 p.m. Sunday, May 1. 

Authorities say Jorgensen lived in one of three houses on the property in South Liberty County, and prior to his death, he accused two men who live in a second house of damaging his truck.


More Here

Friday, May 06, 2022

Governor DeSantis Promises Constitutional Carry for Florida

 

Image from local10.com

According to news sources, in a speech given near Gainsville, Florida, Governor Ron DeSantis responded to a question about Second Amendment rights. From mainstreetdailynews:

DeSantis also responded to a question on 2nd Amendment rights, saying Florida would pass a constitutional carry before he left office.

WPLG Local 10 out of Fort Lauderdale confirmed DeSantis made the bold promise to Second Amendment supporters and Constitutionalists on Friday morning, April 29. From local10.com:

DeSantis made the political promise while speaking near Gainesville on Friday.

“I can’t tell you exactly when, but I’m pretty confident that I will be able to sign ‘constitutional carry’ into law in the state of Florida,” DeSantis said.

“I can’t tell you if it’s going to be next week, six months, but I can tell you that before I am done as Governor, we will have a signature on that bill,” he said.

Governor DeSantis' explicit promise to pass Constitutional Carry before he leaves office, is a step up from the support he gave to the concept  during his call for the special session held on April 19. He has called for another special session convening on May 23rd. He could ask the legislature to pass a Constitutional Carry bill during the upcoming special session, or call a special session for Constitutional Carry legislation. He did not promise a special session explicitly for Constitutional Carry, but it could happen.

Lee Williams has reported, Governor DeSantis said constitutional rights should not be subcontracted to a public official.

“We used to be a leader on the Second Amendment – there’s like 25 states that have already done it, and I think if you look now, you have a situation where the official in charge of these permits doesn’t support Second Amendment rights. So why would you want to subcontract your constitutional rights to a public official who rejects the very existence of those rights?”

Constitutional carry seemed unlikely to pass the Florida legislature in 2022. The legislative session ended without the Senate considering the measure

Governor DeSantis has put it in play. Constitutional Carry could happen in Florida in 2022.

Analysis: 

Governor DeSantis is becoming a Rock Star of the Republican party. Having 25 states with Constitutional Carry is a tipping point. It is difficult to claim Constitutional Carry is dangerous in Florida, when it has not had problems in 25 other states. DeSantis appears to understand the obvious:

Once you support a policy such as Constitutional Carry, you do not lose support by going all in. You only gain support.

By supporting the policy, you have already lost any people who are adamantly against it. By appearing indecisive, you lose more. When you boldly affirm your stated policy, you firm up the support of those who agree with you, and gain support from those who appreciate clear, decisive, leadership.  

The 2022 midterms are fast approaching. At present, the tide appears to be against the Biden administration and the Democrats. Six months can be an eternity in politics. Much can happen in six months. 

The Supreme Court will be issuing an opinion on the New York Rifle & Pistol Association v. Bruen  case in six weeks. The justices read the media. Twenty-five states and Governor DeSantis coming out strongly for Constitutional Carry can only support a strong opinion which restores Second Amendment rights. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 


 

 


 

 

NC: Aaron Stephens Justified in Self Defense, Guilty of Felony Possession of Guns

NEW HANOVER COUNTY (WWAY) — The jury is no longer out. Monday, a murder trial five years in the making came to a close.

Aaron Stephens left the court in handcuffs, but not for first degree murder.

Stephens was found not guilty of first degree murder of Terry Greenwood, attempted murder of Anthony Lanza, and assault with a deadly weapon with intent to kill inflicting serious injury charges.

Stephens, a convicted felon, admitted to possessing three firearms, which is illegal. He was convicted on that charge and sentenced to between 14 and 26 months in prison. That time will be reduced by the six months he spent in jail before making bond in 2017.

 

More Here

Wednesday, May 04, 2022

TX Followup: Carl Welch found Not Guilty in Shooting of Terry Cale in 2014

After eight years, a Hunt County man has been cleared of a murder charge involving a 2014 shooting death.

A jury in the 196th District Court returned a not guilty verdict Wednesday evening in the case against Carl Allen Welch. Testimony began in the trial April 19.

Welch, 56, had pleaded not guilty to a count of murder in connection with the death of Terry R. Cale of Wills Point.

Defense attorney Katherine Ferguson said the jury’s verdict is the correct one.

More Here

IL: Robbery Suspect Shot, Killed by Armed Victim

The pair then entered their Volkswagen SUV and the man got into the backseat, struck one of them with a handgun and demanded their belongings, police said.

One of the men then pulled out their own gun and shot the would-be robber, striking him in the forehead, left leg and chest, police said.

More Here

Tuesday, May 03, 2022

PA: Disarm Attempt Results in Armed Victim Shooting Two Armed Teen Suspects

NORRISTOWN, PA — New details have emerged after two teenagers were found shot dead in Norristown on Friday night, the Montgomery County District Attorney's Office announced Saturday. A preliminary investigation reveals that the shooter was defending himself from an armed robbery. 

"The man who shot the two males was questioned then released, and has not been charged," District Attorney Kevin Steele said. "We have a lot of work to do on this investigation."

The incident occurred in an alley behind the 300 block of Warren Street at about 8 p.m.

The initial investigation reveals that the shooter, who has not been identified, was walking to his car from a nearby home when two teenagers approached him, police said.

The teens — both 17-year-old boys — tried to rob the shooter, pulling a gun on him, according to authorities. The three wrestled for control of the gun, and at some point the shooter used his own weapon — which was legally registered to him — to shoot both of the would-be robbers, the DA's office said. 

 


More Here

IL: Robber Armed with Replica Shot by Armed Victim

On 04/30/2022, at approximately 3:15 AM, Deputies with the Will County Sheriff’s Office were dispatched to Ryan’s Pub located at 7928 W. Lincoln Highway in Unincorporated Frankfort for a report of an armed robbery in progress call. Deputies were advised that two male, black suspects entered the business armed with handguns, and demanded money from several patrons and employees of the business.
 
Deputies were advised that the two suspects were wearing dark colored clothing, with latex gloves, masks, and hoods. Deputies were further advised that the suspects threatened to shoot all of the patrons and employees if they did not comply with their demands. Deputies would later learn that the victims pleaded for their lives as the suspects brandished the firearms.
 
One of the patrons had access to a firearm and pointed it at the suspects. Fearing that he was about to be shot, the patron shot at the armed robbery suspects. The gunfire struck one of the offenders several times. The second suspect fled on foot from the business and got into a nearby vehicle. That vehicle fled from the scene at a high rate of speed, eastbound on Lincoln Highway (Route 30) heading towards Harlem Avenue.
 
The suspect that was shot on scene was pronounced deceased by responding members of the Frankfort Fire Protection District. The deceased suspect is described as a male, black in his early 20’s. A positive identification of the deceased suspect has been made; however, the identity of that individual is being withheld until the proper notification to the family can be made.
 
The suspects were able to successfully complete the armed robbery; however, it is believed that the deceased suspect had the majority of the robbery proceeds stuffed inside of his pants and pockets. Detectives and Crime Scene Investigators (CSI) were summoned to the scene to collect evidence and conduct interviews.
 
The two firearms that the suspects had in their possession were recovered on scene. One of the firearms was located in close proximity of the deceased suspect, and the other was located in a parking lot outside of the business. Those firearms were later discovered to be “replica” firearms, similar to an airsoft gun.
 
All of the witnesses have cooperated in this investigation, and their statements are consistent with the video surveillance obtained from inside of the business. No one has been charged in reference to this incident, and detectives continue to pursue leads as to the identity of the other suspect. Additional information will be provided at a later time, when appropriate.

From Sheriff's Office on Facebook

Monday, May 02, 2022

TX: Armed Victim Confronts, Shoots at Car Burglar, Misses

HOUSTON – What officials say was supposed to be a peaceful trip to Memorial Park turned violent and dangerous Wednesday night around 9:30 when burglars targeted a car in a parking lot near East Memorial Loop and Arnot.

Instead of getting away with stolen property, the suspected bad guys were met with a fiery surprise.

“Our officers arrived on the scene and met with a complainant who witnessed his vehicle being broken into,” said Houston Police Department Lieutenant Mike Barrow.

On top of that, Houston police say one of the three would-be burglars had a gun, but so did the victim.

”The complainant took a shot and missed,” Barrow said.

More here

Sunday, May 01, 2022

TX: Armed Mother Shoots, Kills Intruder

Police said the woman had heard someone breaking into her home through a laundry room at the back of the house.

The woman grabbed her gun and fired, hitting the man twice in the chest as he tried to break into the main portion of the home, KABB reported.

The man, whose identity has not been released, died on his way to the hospital.

More Here

New Hampshire Close to Passing Off Road Vehicle Carry Reform

From New Hampshire Government website

New Hampshire is getting close to passing a reform of current law which restricts the carry of loaded handguns on off the road vehicles, including snowmobiles. 

The law is a relic of the days before New Hampshire passed Constitutional Carry in February of 2017, five years ago.  On March 10, 2022, the New Hampshire House passed the bill easily, 204 to 134, with 54 not voting.  HB 1636 reforms the law to remove the carry permit requirement for carry of loaded firearms on off road vehicles. On April 20, 2022, the bill passed the Senate Transportation Committee with a vote of "ought to pass".  From HB 1636:

1  Off Highway Recreational Vehicles; Loaded Firearms Prohibited.  Amend RSA 215-A:20 to read as follows:

215-A:20  Loaded Firearms Forbidden.  No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded.  This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

2  Snowmobiles; Loaded Firearms Forbidden.  Amend RSA 215-C:35 to read as follows:

215-C:35  Loaded Firearms Forbidden.  No person shall carry on a snowmobile, or a trailer towed by same, any firearms unless said firearm is unloaded.  This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

3  Effective Date.  This act shall take effect upon its passage.

The bill is a relatively mild reform which cleans up a loose end from the era before Constitutional Carry was restored in New Hampshire. 

Most bills which make it out of committee are allowed to be voted on in the Senate. The New Hampshire Senate has 14 Republicans and 10 Democrats. 

In 2018, a similar bill, HB 1313, was tabled in the Senate and never voted on, after passing the House.  House Bill 1313 passed the House with a vote of  181 to 148. Here is part of the testimony from the New Hampshire Firearms Coalition in 2018:

by NHFC, Inc. on April 16, 2018

Today I testified before the Senate Judiciary Committee in favor of HB 1313 which was introduced by Rep. John Burt (R-Hillsborough 13) to extend last years Constitutional Carry law to snowmobiles and ATVs.


HB 1313 is a simple bill that merely repeals the requirement(s) that those who wish to carry a loaded pistol or revolver on a snowmobile or ATV first obtain a New Hampshire Pistol / Revolver license. These statutes are inconsistent with Constitutional Carry and need to be repealed. We expect that HB 1313 should pass into law without significant opposition. Click here or scroll down to see how to help enact HB 1313 into law.


This correspondent expects Republican Governor Sununu to sign the current  bill, HB 1636, if it is voted on in the Senate and makes it to his office.

There is enough time left in the legislative session to do so. The New Hampshire legislative session is scheduled to end on June 30th, according to Ballotpedia.


©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Saturday, April 30, 2022

TX: Gunfight, Homeowner Shoots, Kills Armed Intruder

A joint investigation by the Canton Police Department and the Texas Rangers revealed that Hicks had allegedly unlawfully forced entry into the residence and confronted the homeowner while armed with a handgun. The homeowner retrieved his own handgun and shot Hicks multiple times.

At present, the homeowner has not been charged. The case will be referred to a Van Zandt County grand jury for review pending the conclusion of the investigation.

More Here

Friday, April 29, 2022

MN: Video of Shooting Important to Self Defense Claim

The shooting happened in February on a cold, 6-degree night in south Minneapolis in a neighborhood that had seen an increase in armed robberies.

After checking the locked gate, surveillance video outside the home shows Martin Lee Johnson hopping the fence.

A motion light turns on as Johnson approaches the house.

According to police reports, the homeowner, a 53-year-old woman, heard Johnson "wiggle the door handle" and his steps on the deck, so she told her 26-year-old son who lives with her, and grabbed her handgun as Johnson entered the family's detached garage.

 

More Here

Thursday, April 28, 2022

TN: House passes HB 1735, 18-20 Year Old Adults to be elegible for Enhanced Carry Permit

Tennessee Capitol


On April 21, 2022, the Tennessee House voted 64 to 28 to pass HB 1735. A similar bill in the Senate is known as SB 2291.  The bill is an incremental step toward restoring Second Amendment rights to young adults. The bill requires the department of safety to issue an enhanced handgun carry permit to people who are at least 18 years of age, and meet the other requirements which apply to people 21 and older. Previously, the minimum age was 21.  From legiscan.com, bill text:

(b) Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced handgun carry permit. If the applicant is at least eighteen (18) years of age and is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant.

In a compromise, the bill prohibits people aged 18 to 20, who have the enhanced permit, from transporting or storing firearms at all sorts of schools; then grants exceptions to those with military connections, as listed in the bill:

(e) Notwithstanding subsection (a), this section does not apply to a person who is under twenty-one (21) years of age and transports or stores a firearm or firearm ammunition in the person's motor vehicle while on or utilizing a public or private parking area that is located on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while in use by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution, unless the person:

(1) Is at least eighteen (18) years of age; and

(2) 

(A) Is an honorably discharged or retired veteran of the United States armed forces;

(B) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or

(C) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program.

SECTION 5. This act takes effect July 1, 2022,

The Tennessee legislature has only a few more days to pass the reform bill if they are going to. The legislative session ends on May 7, 2022.  The Senate has a large majority of Republicans, 27 to 6. If the bill passes the Judiciary committee and is voted on in the Senate, it will likely be sent to Governor Bill Lee for his signature. It is not certain that Governor Lee would sign the bill, but it seems likely. He signed the Constitutional Carry bill a year ago in 2021

WKRN characterized HB 1735 as giving "18-year-olds the right to carry a gun." From whnt.com:

NASHVILLE, Tenn. (WKRN) – If you’re 18, it is unlawful to smoke or drink before turning 21, but Tennessee House lawmakers want to give 18-year-olds the right to carry a gun.

Opponents say the bill would increase gun crimes and self-harm, but supporters say it’s a constitutional right all adults should have. HB 1735 lowers the age from 21 to 18 to lawfully carry a handgun openly or concealed.

 As shown in the actual bill, the legislation does not "give" anyone anything. It simply allows 18-20 year olds the opportunity to apply for an enhanced carry permit. 

Across the nation, permit holders have shown themselves to be more law abiding than police officers.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

TX: Car Owner Struggles with Man who Attempted to Steal Car, Shoots Same

SAN ANTONIO – A man shot a carjacker who tried to steal his car while he was pumping gas at a North Side gas station, police said.

San Antonio police said a driver pulled into the QuickTrip in the 9900 block of San Pedro near W. Ramsey and was putting gas in his Honda Accord when another man pulled up alongside his vehicle in a truck.

The man got out of the truck and into the driver’s seat of the Accord and tried to drive off, police said.


More Here

Cyber Attacks at Several U.S. Healthcare Centers? April 2022

 


The computer system for the Yuma Regional Medical Center has been down for two days. It is extremely difficult to obtain any medical records or to accomplish the simplest medical procedure.

All has been shut down because of a cyber attack. 

From YRMC press release on Facebook :

YUMA, Ariz. (April 26, 2022) – Out of an abundance of caution, following an attempted cyber attack that occurred on Monday afternoon, all YRMC computers systems were powered down and moved into downtime mode, which is a manual process. Effective blocks to the attempted attack have resulted in no patient information being compromised. As of Tuesday 3pm, YRMC continues to operate in a manual / downtime mode as systems are deemed secure.

The attack is having more repercussions than deemed by the press release. Sources have informed this correspondent almost nothing is can to be done, as professionals cannot obtain needed patient information, signed releases, or input any information into the system.

A few days earlier, there was a breach in this North Dakota system.  

April 21, 2022, North Dakota,

 Adaptive Health Integrations faced a hacking incident that impacted 510,574 individuals, according to the Office for Civil Rights (OCR) data breach portal. The incident was the third-largest reported healthcare data breach in 2022 so far.
This warning was issued on April 1, 2022. 
 
 In February, the day after Vladmir Putin ordered his forces to invade Ukraine, a notorious Russian cybercrime group called Conti announced online that they would target “the critical infrastructures” of any nations attempting to thwart Russia’s military actions. A week later, the U.S. Department of Health and Human Services issued a warning stating that Conti has specifically attacked health care institutions in the past.

There does not seem to be any national news of attacks. Readers are asked to include any local news they know of in the comments.

 Dean Weingarten 

 

Tuesday, April 26, 2022

FL: Tampa Shooting of Adrian Diaz was Self Defense

TAMPA — The shooter who killed a man outside a downtown Tampa restaurant on Feb. 27 was acting in self-defense and will not face criminal charges, the Hillsborough State Attorney’s Office has determined.

Prosecutors said an argument inside Bello Bar & Kitchen, 903 N Franklin St., extended outside that night, where the eventual shooter was thrown to the ground and attacked by three men: Adrian Diaz, Kevin Zayas and Freddy Santiago Jr.

Prosecutors said the shooter, whose name was not released, pulled his gun and fired multiple shots, with one bullet striking Diaz, 23, in the head and killing him. Zayas and Santiago, whose ages were not available, survived and will face battery charges, prosecutors said.


More Here

Monday, April 25, 2022

Is carrying a gun provocation to be attacked?


In the law of self defense of almost all states, If a person is attacked, and reasonably fears for their life, they may legally defend themselves with deadly force. A small minority of states require a person to retreat from the situation, if they can do so in complete safety.

In all states of which I am aware, a person may not use deadly force in self defense, if they provoked the attack with the intent of using deadly force. 

It is not legal to start a fight so the person who started the fight can kill someone who they provoked. 

Mere possession of an openly carried weapon is not legal provocation to attack.

The Left has been floating the idea that mere possession a weapon is provocation. They contend the sight of someone in possession of a weapon  is sufficient provocation for a person to attack the person who possesses the weapon.

This creates a bizzaro world where mere open possession of a weapon is sufficient to justify a deadly attack on the possessor. Apply this to police. They almost always carry a deadly weapon, openly. 

This concept is contrary to common sense and the experience of thousands of years. If a person has a weapon, people see a reason to leave the armed person alone.  In the Kyle Rittenhouse incident, the prosecutor, ADA Binger, during a pre-trial hearing, said this:

“He was running around with a assault rifle type weapon, a very threatening,  aggressive weapon. One that deters people, it is designed to deter people. It is designed to threaten others; to let them know, don’t mess with me, look what I’ve got. 

During the trial. Binger did not claim mere possession of a firearm was provocation to be attacked, although he hinted at it. He claimed, on the basis of very fuzzy drone footage, that Kyle had momentarily pointed his rifle at two other people, and that was provocation for a third person, Rosenbaum, to attack Kyle. The jury did not accept this theory. 

In a sane world, carrying a weapon is not a provocation to be attacked. The Left has worked hard to make it a provocation, in law.  In an editorial  about open carry in 2012, there was this; from usnews.com

It is appropriate for law enforcement officers and the public to treat these situations as extremely dangerous. Open carry advocates claim they need a gun for self-defense. However, if the Trayvon Martin case has taught us anything, it is that an individual carrying a gun may misjudge a situation, think self-defense is called for, and erroneously—and often tragically—reach for the gun.

A jury decided the usnews.com editorial writer's portrayal of the Trayvon Martin case was erroneous. It was Martin who attacked George Zimmerman. It was Martin's judgement which was faulty, not Zimmerman's. 

Here is an opinion published in The Hill, in November of 2019, before the Kyle Rittenhouse trial. The opinion is discussing the Wisconsin disorderly conduct law.  From thehill.com:

The text of its disorderly conduct law criminally bans “violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.” But absent a showing of “criminal or malicious intent,” a person may not be charged with disorderly conduct “for carrying or going armed with a firearm . . . without regard to whether the firearm is loaded or the firearm . . . is concealed or openly carried.”

Think about that. Being publicly “violent” or “abusive” is a potential crime in Wisconsin — unless it entails waiving around a loaded firearm.

The argument is false. The law does not allow being publicly "violent" or "abusive" simply because a person has a firearm. It states a person may not be charged with disorderly conduct for merely carrying or possessing a firearm or knife. Here is the relevant passage

Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading a firearm, or for carrying or going armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried.

This correspondent followed what led to the passage of this Wisconsin law. In 2008 Brad Krause was planting a tree in his yard. He had a holstered pistol on his hip. He was charged, in Wisconsin, by West Allis police, with disorderly conduct. He fought the case. He won.  From jsonline.com:

West Allis - As Brad Krause planted a tree in his yard last summer, a neighbor noticed that in addition to a shovel, Krause had a tool not usually required for yard work - a gun in a holster.

Police arrived and gave Krause a ticket alleging disorderly conduct, launching a case that a national gun-rights group has been watching for months.

On Tuesday, Krause won acquittal in what some advocates say is one of the first so-called open-carry gun cases heard in a Wisconsin court.

Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. 'There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today,' Murphy said.

In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.

Milwaukee Police had been charging people with disorderly conduct for the mere carry of firearms, for decades. The legislature finally had enough, and reformed the law to stop the abuse.

Here is a later opinion published on September 10, 2020,  from Bloomberg, written by Noah Feldman a former Harvard Law editor:

The trouble begins when you start applying the legal rules to someone in Rittenhouse’s situation, namely, someone who has carried an AR-15-style weapon to what is intended to be a peaceful protest. In a commonsense universe, this act itself would appear to be a provocation.

Yet under Wisconsin law, adults are entitled to carry around their licensed firearms in public places. An open-carry law means that prosecutors would have a tough time convincing a jury that simply carrying an assault rifle counts as a provocation.

As a lawyer, Feldman should have known Wisconsin law does not require a license to openly carry firearms. It never has. Wisconsin law has never forbidden people 16 years old and older, from carrying long guns.

To paraphrase Noah Feldman with a more commonsense observation; the trouble is when you start defining the peaceful carry of a firearm as a provocation. Hundreds of people saw Rittenhouse and many others carrying firearms.  Initially, only Rosenbaum decided to attack Kyle Rittenhouse. The person who was supposedly "provoked" was mentally ill Rosenbaum, who was suicidal and who had spent many years in prison.

Rosenbaum had threatened to kill Rittenhouse repeatedly.  If there was provocation, it appears the provocation was Rosenbaum attempting to provoke Rittenhouse to aid in another Rosenbaum suicide attempt.

Three others decided to attack Rittenhouse as he ran to turn himself in to the police, after he shot Rosenbaum. According to testimony under oath, during the trial, the mob was urged to attack Rittenhouse by the same man who had urged Rosenbaum to attack Rittenhouse. 

The man who urged the mob to go after Rittenhouse, had a checkered police record. The three attackers had multiple police histories and problems with authority.  Two of those attacked Rittenhouse with weapons and were shot by him. One was killed, the other was wounded. It was all recorded on video, from multiple angles. 

The jury did not accept the prosecutor's theory that Rittenhouse had "provoked" Rosenbaum. 

Analysis: 

The idea of a person being armed as a provocation to attack appears to flow from a simple premise on the left: A person doing something a leftist does not like, is a provocation to attack them. It is part of the broader philosophical abandonment of the rule of law.

Evidence for this theory exists in the left's theory of speech from any opponent. Speech from an opponent is considered to be violence, and worthy of attack. Violence, from the left, on the other hand, is considered to be speech.

When leftists surround a car and beat on it; that is not provocation; when leftist shoot at people; that is not provocation; when people the left does not agree with, display weapons; that is considered provocation by the left.  

This is a retreat to tribalism by the Left: Those who agree with us are people; those who disagree with us are the enemy.  

Pundit and radio personality Dan Bongino puts it this way: Conservatives think leftists are people with bad ideas; Leftists think Conservatives are bad people. 

Part of this attitude toward the open carry of weapons by people other than government agents comes from the Left's worship of government as god. A private person openly carrying a firearm is a direct and obvious statement:

The Constitution means something; the Bill of Rights means something; the power of government is limited. 

The Left hates the idea of limits on government. For that reason, gun control is in Progressivism's DNA

Defining open carry of weapons as a legal provocation is Orwellian word manipulation.  

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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