Saturday, February 16, 2019

Final Report: Was Bear Spray Effective in the Mark Uptain Grizzly Fatality?

The Wyoming Game and Fish Department (WGF) has released a final report on the grizzly bear attack that killed hunting guide Mark Uptain and injured his client, Corey Chubon.

The report confirms previous information that the Glock pistol was found without a round in the chamber, and separated from its magazine. The magazine was fully loaded with 15 rounds of  F C flat nosed full metal jacketed rounds. The pistol had not been fired.

At some time during the attack, bear spray was used by Mark Uptain. The bear spray can was emptied. The grizzly sow was reported to have a strong odor of bear spray about her head.

Below is a hand sketch of the relationship of various items found at the scene by the investigators.

The weather was warm enough to compel Uptain to take off his shirt. Unfortunately, Mark Uptain also took off his holstered Glock 10mm.

The Glock pistol, in a shoulder holster, had been placed with the packs, about 5-10 yards from the elk carcass.

He placed it too far from him to be accessed before the sow reached him. By doing that, he negated one of the greatest advantages of pistols for defensive use. The advantage is having a gun on your person when you need it. Holstered pistols free up both hands to do other things.

To sum up the events: The guide, Mark Uptain, and his client, Corey Chubon, were processing the bull elk they had recovered. The elk carcass had not been molested by any predators. They were nearly finished when the bears attacked, from down hill and downwind.

The sow, about 250 lbs, attacked Uptain at the elk carcass. Corey Chubon ran to the packs and drew the pistol from the holster. At first, he did not fire for fear of hitting Uptain. Then the sow turned her attention to him.

Being unfamiliar with the Glock, he was unable to make it fire, because the pistol did not have a round chambered. While attempting to fire the pistol, he ejected the loaded magazine on the ground.

This has been known to happen when people unfamiliar with a pistol's controls are desperately attempting to make it fire in a life or death scenario. People try every control they can find, trying to make the pistol work.

When the bear started to maul Chubon, he attempted to throw the pistol to Mark Uptain. The bear then left Chubon and re-attacked Uptain. Chubon fled for help.

Chubon had bear spray, but it had been placed in one of the packs, making it inaccessible during the attack.

A rescue helicopter picked up Chubon about two and a half hours after the attack. The helicopter was being used on a fire,and had to be called back for the rescue. The report concluded that Mark Uptain had died about the time that Chubon called for rescue, two hours before rescuers reached Chubon.

The report states the use of bear spray likely halted the attack. Writers for other publications conclude this shows bear spray was effective in this incident.

Bear attack expert and author Dave Smith questions that assessment.  From correspondence with Dave Smith:
2. The bear spray spin. Uptain did not have time to use bear spray before the bear initially attacked and injured him. Is that a bear spray success, or a bear spray failure?The 2nd time the bear attacked, Uptain sprayed the bear but was killed. Is that a bear spray success or a bear spray failure? 
The WyoFile article begins by stating, " Evidence suggests bear spray stopped a grizzly bear attack after it mortally wounded hunting guide Mark Uptain." According to the WGF report, “Evidence suggests that when Uptain deployed the bear spray, it stopped the aggression, giving him time to escape, however, this appears to be after the fatal injuries were inflicted.” 
It is hard to see this event as successful use of bear spray. Bear spray was used, but the user was killed. The bear stopped attacking at some point, and Mark Uptain, fatally wounded, was able to move about 50 yards from the elk carcass before he died. The empty bear spray canister was found near his body.

There are several incidents where bear spray initially deterred a bear, which later returned to continue the attack. There are numerous incidents where bears left mauled victims, without being sprayed, then returned later.

By all accounts Mark Uptain was an outstanding man, hunter and guide. He will be missed.

Many people have suggested that while dressing game in grizzly country, one person should stay alert and guard, while other member(s) of the party dress the game.

Dave Smith added this useful tip: The person on guard should be on the downwind side of the  location. Bears almost always approach from downwind, as they did in this case. From Dave Smith:
"Given that it took Uptain and his client 2-3 hours to field dress the elk, it would have been wise for Uptain to have the hunter standing guard on red alert with bear spray in hand. Wind was broadcasting the scent of elk blood & guts; thus, the hunter should have been downwind from Uptain and the carcass. It's 100% predictable that the bears would approach from downwind. But the hunter was only 3 to 4 yards away from Uptain, unarmed. The hunter did not have Uptain's Glock in hand. The hunter did not know how to use Uptain's Glock. The hunter did not have bear spray in hand. Bottom line? Uptain and the hunter were not prepared for a worse case scenario. It's a bit surprising the bears charged the hunters, but it's no surprise the bears showed up. Does WGF offer hunters and/or guides any meaningful guidance on how to handle this field dressing an elk in grizzly country situation?"
This is a sad case. It appears to be an example of bear spray failure, rather than a bear spray success story.

If the 10mm Glock had been in the hands of someone who knew how to use it,  both men would probably have survived.

It is likely only one bear would have been killed.

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

Gun Watch

AZ: 911 Call of Woman who Shot Through Door, Killed Drunken Neighbor

LITCHFIELD PARK, Ariz. (FOX 10) -- Audio files from a 911 call made by a frightened Valley woman, moments after she shot and killed an intruder who was trying to break into her home, have been released.

Officials with the Maricopa County Sherriff's Office say the suspect was actually the woman's neighbor, who went to the wrong home and was drunk at the time of the incident.

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GA: Armed Woman Stops Home Invader from Entering

“The homeowner was armed, and advised the suspect not enter the house,” the Jackson County Sheriff’s Office said in a press release. However, the woman heard glass breaking from the upper level of the house and fired two shots in the direction of the man the sheriff’s office added.

Deputies arrived and arrested the accused burglar, identified as 20-year-old Hans E. Rogers. The Cobb County resident was charged with home invasion and burglary. He was booked into the Jackson County Jail and remains held without bond. No one was injured during the incident, the sheriff’s office said.
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LA: Gunfight, Home Invader Shot, Killed, Homeowner Wounded

Two men were suffering from gunshot wounds when police arrived. Deputies believe a shootout occurred between the alleged intruder and the homeowner. The alleged intruder later died. He has been identified as 20-year-old Major Payton, of Baker.

The homeowner, a 60-year-old man, was transported to a local hospital for treatment.
More Here

Friday, February 15, 2019

ID: Woman Holds Mountain Lion While Husband Shoots It

Yearling Mountain Lion

On January 30th, 2019 a woman thought she was stopping a dog fight. She ended up holding a 35 pound juvenile mountain lion instead. From
Early on the morning of Jan. 30 a woman responded to what she thought was a fight between her dog and another dog outside of her Mackay home. As she pulled the two animals apart, she realized that in one hand she held a juvenile, male mountain lion about 35 pounds, and not another dog as she expected.

The woman restrained both her dog and the mountain lion while yelling for her husband, who was still inside the house, to grab a gun. Her husband responded and quickly dispatched the mountain lion as she held on to it.

On February 4, 2019 in Larimer County, Colorado, a man was able to fight off a mountain lion attack and kill the lion with his bare hands.

During the last 30 years, we have been actively protecting large predators, including bears, wolves, and mountain lions. Their populations and habitat are increasing.

As these large predators increase in population and habitat area, there have been increasing conflicts with humans.

The suggested response, from the Idaho Government, on encountering a mountain lion, is this. From

Tips for people who might encounter a mountain lion
  • Do not run.
  • If you are with children, pick them up without bending over.
  • Do not turn your back on the lion, crouch down, or try to hide.
  • Remain facing the lion and slowly back away. Leave the animal an escape route.
  • Try to appear as large as possible — stand on a rock or stump, hold up your arms, stand next to others.
  • Shout, wave your arms, and throw objects if the lion does not leave the area.
  • Fight back if a mountain lion attacks. Stay on your feet and use sticks, rocks, backpack, hands to fight back. Use bear spray if you have it.
  • Never approach a mountain lion or offer it food.
There are some obvious things missing from the above list. Weapons. Guns and knives. Bear spray is a weapon of sorts, but guns have proven to be effective against lions for hundreds of years. A 12 year old girl used a gun to kill a mountain lion that was stalking her in 2014. Knives have been used to defend against lion attacks, and are better than bare hands. 

Idaho is a Constitutional Carry state. No permit is required to carry a firearm in Idaho, in nearly every place where you might encounter a large predator. No permit is required to carry a knife. Knives and guns are useful for many more things than attacking mountain lions.

Why doesn't the Idaho government include the obvious choice of guns and knives in its list of ways to fight back against a mountain lion attack?

Has the Idaho government been infected with political correctness?

Are they afraid of some nebulous liability from the offer of commonsense advice that weapons are effective in stopping animal attacks?

Is the Idaho government more concerned with saving large predators than with saving people?

The nature of these questions make it nearly impossible for a government bureaucrat to answer truthfully and directly.

The woman who found herself with a 35 pound mountain lion in her hands understood that it was much safer to shoot the lion than to try to strangle it with her hands.

Mountain lion attacks are rare, but the number is increasing with increasing mountain lion populations.  Two people were killed by mountain lions in 2018.

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

Gun Watch

TX: Armed Homeowner Shoots, Wounds Car Burglar, Stops Crime Spree

The homeowner then tried to hold the man at gunpoint as he tried to leave, when he shot the suspect in the head.

The man was taken to Ben Taub Hospital. He is expected to survive.

Deputies told ABC13 the suspect was breaking into multiple vehicles and had property belonging to the homeowner inside his vehicle.

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TN: Permit Holder Stops Domestic Violence Threat in Dentist Office, Shoots, Kills Suspect

One person is dead following a domestic violence situation while a "citizen" is being hailed as a hero for shooting the suspect inside a Kingsport dentist office, Sheriff Jeff Cassidy told WCYB.
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AR: Property Owner Holds Escaped Juvenile at Gunpoint

A Juvenile Center official contacted the Sheriff's Office 40 minutes later to report that the jubenile had been located by a Spur Lake-area property owner.

"It was also related to this office that the property owner had the juvenile at gunpoint," Capt. Philip Pevehouse stated in the news release.
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FL: Two Men Allegedly Held Mother At Gunpoint: Son Kills Both

Suspects who allegedly entered a Brevard County, Florida, home Thursday and pointed a gun at woman’s head were shot dead by the woman’s son.

News 6 reported that 20-year-old Alvin Smalls and 18-year-old Amir Rashad Lynn allegedly broke into the home at a time when the mother’s son was in the house asleep. The son awoke to strange sounds, only to discover the suspects allegedly had his mother at gunpoint.

The son shot the suspects. Smalls died in the home and Lynn fled, only to die later at a hospital.

The son called 911 after shooting the suspects:

WESH 2 reported that the Brevard County Sheriff’s Office believed the shooting was an issue of self-defense. Brevard County Sheriff’s spokesman Tod Goodyear said, “Right now it appears it is a case of them defending themselves in the home.”

Thursday, February 14, 2019

No-Knock Houston Raid Inventory Raises Questons after 2 Killed, 4 Wounded

The Houston Police Department has released the inventory of items seized during the execution of the no-knock raid where 59-year-old Dennis Tuttle and his wife, 58-year-old Rhogena Nicholas were shot and killed. The raid occurred on January 28, 2019.

The married couple of 20 years died in a gun battle with police where four officers were wounded and one was injured while taking cover.

The couple had no criminal records. They had occupied the house for 20 years. Rhogena was as supporter of President Trump. Dennis was a Navy veteran.

The gun battle started when the police broke down their door and shot their dog. The wife, Rhogena, was unarmed when killed. Police claim she was going for a shotgun held by a wounded officer.

There were no body cameras worn on the raid. Neighbor's surveillance video was taken by the police.

The guns listed are unremarkable in every way. They are:

A 12 gauge model 1100 semi-automatic shotgun, commonly used for target shooting, hunting, and home defense.

A Winchester 190 semi-automatic .22 rimfire, a popular and inexpensive hunting and plinking gun. They are no longer manufactured.

A Remington 700 bolt action rifle chambered in 7mm magnum, a popular hunting rifle and cartridge.

A 20 gauge shotgun is listed as a "Beretta ALS". I have not found a Beretta of that model, but CZ makes an ALS model that looks a lot like the Beretta semi-automatics.  ALS is sometimes used as an abbreviation for Auto Loading Shotgun.  Here is the inventory document released from the Houston Police Department:

Missing from the inventory of guns is the .357 revolver that Dennis Tuttle was supposed to be using in his gunfight with the officers who broke into his house, and killed his dog and wife.

Wounding four officers with a .357 revolver would be exceptional gunfighting.  Some shooters can do it. Dennis Tuttle was an Air Force veteran, and, it seems likely, a hunter.

Given the lack of a revolver from the inventory, my suspicion is he used a shotgun to defend his home. That, and the use of buckshot or birdshot would explain the four wounded officers.

Also missing is any 9mm pistol, the possession of which was used in the warrant to justify the no-knock raid.

Apologists for the raid have said the informant could have mis-identified the .357 for a 9mm. That could be, but there is no pistol or revolver to be found on the inventory list.   Here is a link to the warrant from ABC13.

The drugs that were reported to be found at the home are not the quantity associated with drug dealing.  A local attorney noted that no drug paraphernalia was listed on the inventory.  From
"There's nothing identified in search warrant return as scales or baggies, or anything that would be used to distribute heroin or any other drugs for that matter," Zuniga said.

As for the gram of cocaine and 18 grams of marijuana found, Zuniga said, "It's not the amount of drugs that would be associated with distribution. I think in this case the officer probably relied on an unreliable informant."
 No-knock raids are inherently dangerous for the suspects and the officers involved. They eliminate one of the primary reasons for search warrants, which is to assure the suspects the search is legally allowed, and the suspects will have access to the courts.

To accomplish that purpose, the warrant has to be presented to the suspects, and they have to be allowed to read it.

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

Gun Watch

Followup TX: Blanca Salazar Found Not Guilty of Murder in Slaying of Husband in 2014

ECTOR COUNTY -- A Gardendale woman who was charged with killing her husband back in 2014, was found not guilty by an Ector County jury Thursday.

That's according to Ector County District Attorney Bobby Bland.

Blanca Salazar was charged in the murder of Israel Dominguez Salazar on October 25, 2014, at the couple’s residence.
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NC: Home Invasion Gunfight, Resident Wounded Violent Career Criminal Killed

 According to the residents, three unknown suspects forced their way into the home and shot the victim. One of the residents shot back at the suspects and the suspects fled the scene. Officers located 40-year-old Ryan Allen of Goldsboro in a wooded area near the scene. Allen suffered a gunshot wound to the pelvic area of his body. He was identified as a suspect in the burglary and assault. Allen was transported to Vidant Hospital in Greenville where he died during surgery. 

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SC: Domestic Defense, Armed Homeowner Shoots, Wounds Man Who Kicked Open Door

A Belton homeowner shot and injured a man late Monday night when he kicked open the door to the man's residence, deputies said.

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MO: Belligerant Drunk Attacks Driver, gets Shot

As is often the case in these matters, the security guards won the argument. The man was sent on his way and began walking down Clark Avenue toward South Broadway. Apparently still riled up, he began arguing with the driver of a passing car before chasing the vehicle down and (allegedly) punching its driver multiple times in the face.

To put things mildly, that turned out to be a really bad idea. The driver, a 36-year-old man, quickly pulled a gun and shot his attacker in the chest, police say.
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CA: Armed Husband Holds Intruder at Gunpoint, for Police

"You could see the door buckling, then everything, the wood and everything just flew out," Jim said. "He just stood there, and so I just held my gun and waited for the police to get there."

According to Arcata police chief Brian Ahearn, the suspect was arrested and taken to a hospital where he was treated for cold exposure. Chief Ahearn suspects the man was trying to find a place to get warm.
More Here

Wednesday, February 13, 2019

Details: Raid involved in Milwaukee Police Death was No-Knock, Suspect Fired as Door was Broken

Some facts are now available about the Milwaukee Police raid that resulted in the death of Police Officer Rittner. The raid occured on February 6th, about 9:12 a.m., on the 2900 block of South 12th Street.  Several officers were wearing body cameras. The raid made use of a no-knock warrant.

 The suspect, Jordan Fricke, has been charged with first degree intentional homicide (940.01(1)(a), first degree recklessly endangering safety (941.30(1) , and maintaining a drug trafficing place 961.42(1).

Jordan Fricke did not have any past criminal record. He had some past traffic violations, the last of which was in 2014. According to, friends of Fricke claimed he had an active concealed carry permit.

The no-knock warrant claimed that Fricke had sold marijuana to a confidential informant on February 1. One sale for $20, one for $40.

The complaint says that officers surrounded the residence near 12th Street and Manitoba, and yelled "Police, search warrant" at the approached the door and started to break it down. Officer Rittner was the officer operating the ram who was breaking down the door.

According to,  Fricke said he was in bed, asleep, with his girlfriend, when the raid started.
In regards to the execution of the search warrant, the complaint says Fricke “admitted to being in bed with his girlfriend when he was awoken by a loud noise and yelling. The defendant several times claimed that he did not hear what was being yelled, but later did admit that when he entered his kitchen from the bedroom he heard someone yell “police” outside the kitchen door. He stated “he did not think it was actually the police attempting to enter his residence.” 
”The interview goes on to say Fricke “armed himself with his AK 47 pistol and aimed at the center of the door, where a hole was made.” Fricke told police “he aimed at the hole, where he saw a person standing and shot.” When police crashed through the door, Fricke “claimed that this was the point at which he realized that it was the actual police.” 

Fricke is said to have fired four times through the hole the police made in the door with the battering ram, using an AK-47 type pistol. One of the shots hit officer Rittner.

As the officers finished breaking down the door, Fricke said he realized they were police, raised his hands, and surrendered.

The search of Fricke's house revealed some firearms, firearms parts, and a safe with $3,000. No drugs were mentioned. It was claimed that equipment used in drug sales was found. From
A search of Fricke's home turned up a Century Arms Zastava AK-47 semi-automatic pistol, eight other firearms, a Taser, weapons parts, a safe with $3,000 cash and equipment used in drug sales, the complaint said.
Michael L. Chernin is listed as Fricke's attorney. The court found that Jordan Fricke did not qualify for a public defender, perhaps because of the $3,000 found at his residence.

Fox news reports the complaint says that Fricke admitted to selling some marijuana at some point, and that he had assembled some rifles and sold them at gun shows.

It is not illegal under Wisconsin law to assemble rifles and sell them at gun shows. It may be illegal under federal law. The federal law is somewhat vague. It requires the person to be "in the business" of selling firearms to make a profit. Occasional sales are usually not sufficient to meet this burden. This charge would explain the presence of the BATFE officers at the raid.

An associate of Fricke's, Marlon Tirado was reportedly at the residence as well. He is charged with intent to deliver THC and to maintain a drug trafficking place. Marlon Tirado has been released on a cash bond of $7,500. He has been ordered to have no verbal contact with Jordan Fricke.  Marlon Tirado has been judged indigent. A public defender will provide counsel.

Tirado had a number of traffic citations. Tirado plead guilty to possession of THC in 2017 and and 2016. Fines of $250 in 2016 and $1,872 in 2017 were paid.

The case illustrates the dangers of no knock warrants. It seems likely Fricke would have surrendered to officers and peacefully allowed the search of the house, if the officers had knocked peacefully and allowed him time to answer the door.  He quickly surrendered once he was convinced the intruders were actually police.

No illegal substances were found in the house, at least, none have been revealed thus far.

We do not know what "equipment used in drug sales" might have been. Scales and zip lock baggies are plausible items.

None of the guns are alleged to have been illegal. No fully automatic guns or sawed off shotguns appear to have been found.

If illegal drugs had been found at the house, it is likely they would have been included in the complaint.

Was Fricke a small time marijuana dealer? It may be so. Did he illegally sell guns? We do not know for certain. It is possible.

Was the no-knock raid dangerous and unwarranted?

It resulted in the death of officer Rittner.

Did Fricke  act legitimately under the Wisconsin Castle Doctrine law? That may be left up to a jury.  It may depend on whether the jury finds that Fricke was using the dwelling to further a criminal activity.

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

Gun Watch

TX: Armed Homeowner Wounds Burglary Suspect in Head

BIG SPRING -- The Howard County Sheriff's Office is investigating after a homeowner shot a suspect who had reportedly burglarized his home.
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AR: Armed Brother and Friend Hold Burglary Suspects at Gunpoint

LAVACA (KFSM) — A Lavaca homeowner's brother and a friend caught two men burglarizing his brother's house and held them at gunpoint until authorities arrived, according to the Sebastian County Sheriff's Office.

Police reports show that on Sunday, Feb. 10, at 7:04 a.m., deputies were called to 8606 E. Tate Lane in Lavaca on a report of a burglary in progress. Once there, they encountered the brother of the homeowner and a friend of both, and the friend was holding a rifle on the two burglary suspects, later identified as Thomas Link and Johnny Hoang.

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TN: Armed Robbery Suspect Wounded by Armed Victim

The man stated he was driving home from work when he noticed a silver Acura following him. Once he reached his driveway, he said the suspect jumped out of his car and approached him asking “where the cash was at.” The suspects then pulled out a gun and began shooting.

Fearing for his safety, the man said he also pulled out his weapon and returned fire, apparently striking the suspect in the foot before he fled.
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NC: Armed Business Owner holds Burglary Suspect for Police

A theft suspect met his match when he tried to haul off a pickup truck load of tools from the Cronland Lumber Yard on Highway 73.

Deputies were dispatched to the business at around 5:40 p.m. on Feb. 7 in response to a breaking and entering in progress. When they arrived on the scene the business owner, Stan Cronland, had the suspect out of his truck and on the ground at gunpoint, according to a press release from the Lincoln County Sheriff’s Office.
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FL: Burglary Suspect Held at Gunpoint for Deputies

NEW SMYRNA BEACH, Fla. (WOFL FOX 35) - The Volusia County Sheriff’s Office says a New Smyrna Beach man held a suspected would-be burglar at gunpoint, until deputies arrived.
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Tuesday, February 12, 2019

December 2018 NICS Background Checks Make 2018 Second Highest on Record

The National Instant background Checks System (NICS) checks for December of 2018 were 2,543,385. They were just a little less (42,753) than NICS checks for December of 2017. That makes them the fourth highest December on record, and puts the total for 2018 as the second highest year of NICS checks on record with 26,181,936. The top year was 2016, with 27,438,673.

But gun sales are in a minor slump. Some call it the "Trump Slump". How can this be?

Two things conspire to bring about the "Trump Slump". The first is that President Trump is not Hillary Clinton. Gun owners are not as concerned about being able to purchase the gun and ammunition they want, or whether emotional driven politics will be used to deny them the guns they wish to have.

The second part is many NICS checks are for other purposes. Once we take out the background checks done for permits and permit renewals, The numbers drop.  The numbers of permit and permit recheck numbers for December of 2018 were 737,926 and 285,273, respectively. Those are 1,023,199 checks not done for firearms purchases.

Last month I predicted there would be over 2.5 million NICS checks for December of 2018. It was an accurate prediction.  If, as expected, about .56  firearms are added to the private stock for each NICS check done, then NICS checks in December will translate into 1.42 million additional private firearms.

That increases the number of private firearms in the United States to about 433 million at this time. In April of 2018, I predicted the U.S. stock of private firearms would be more than 430 million by the end of 2018.

Over 177 million of those firearms have been added during the 20 years of NICS checks since 1998.  A hundred million were added in the last seven years.

With Nancy Pelosi the Speaker, and a Democrat House of Representatives in Congress, we can expect the introduction of numerous restrictive gun laws.

They will try to ban semi-automatics.

They will try to ban private sales.

They will try to impose national waiting periods.

They will try to impose "lock up your gun" laws.

They will try to increase the age a person has to be to purchase a firearm.

They will insist all of these laws will be "gun safety" laws, when none of them increase safety with guns an iota.

They will insist all of these laws will be "gun safety" laws, when none of them increase safety with guns an iota.

Many of these laws will pass the House and be sent to the Senate. With a partisan media, these laws will have major attention. Even with the 177 million firearms added to the private stock over the last 20 years, there are still 200 million or so Americans who are not adequately armed.  Man of those unarmed Americans will listen to the rhetoric. They will see the hatred directed toward the President and his supporters.

A portion of the other side will believe the propaganda designed to dehumanize coservatives, particularly white, Christian, straight men.

Some people on both sided will decide they need guns.

Some will want to defend the Constitution.

Some will wish to destroy it.

I do not expect the highly restrictive infringements on Second Amendment rights to pass.

I expect them to give the gun industry a bump.

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

Gun Watch

Followup IL: Billy Cowart Cleard of All Charges in 2016 Self Defense Shooting

Then 50-year-old Ford employee Billy Cowart was charged with attempted murder for shooting off his gun in the United Auto Workers 551 parking lot in June 2016. He struck two fellow union members, both in the leg.

And within a matter of days Cowart was suspended and then terminated from his job with Ford where he had worked for nearly two decades.

But Cowart, a veteran with extensive combat training and a licensed CCW holder, said he pleaded with Ford and the union to understand that this was a clear case of self-defense.
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LA: Armed Homeowner Shoots, Kills Intruder Attempting Break-in

“The initial investigation by detectives indicates that the homeowner shot the man as he was trying to break into the residence,” Landry added.

The man shot is identified as Richard Bernard Williams, 26 years-old, of Bossier City. Detectives collected evidence that Williams was forcibly attempting to enter the house when he was shot by the homeowner, BCPD said.
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Followup AL: Wolverton Bridges found not Guilty in Fatal Shooting of Christopher Coffelt

A jury on Friday acquitted a man of first-degree murder in a Valentine’s Day 2017 shooting in south Tulsa that the man and his attorney argued was self-defense.

William Wolverton Bridges, 46, faced the charge in connection with the death of his friend, Christopher Coffelt, based at least in part on claims he provided inconsistent accounts of what happened leading up to the shooting.
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AZ: Mother uses Gun to Turn Suspect Over to Police

TEMPE, AZ — One mother said her quick thinking and nearby pistol helped protect herself and her kids during a home invasion.

The situation ended with an injured police K-9, two hurt Tempe police officers and a mother who forced the suspect out of her apartment at gunpoint.

"It was either me or him, and I had two kids. There was no way I was going to let them get hurt," the mother said.
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CA: Retired Officer Arrested for Shooting Thief

A former Cypress police officer was arrested after he allegedly shot at and grazed a shoplifting suspect in the parking lot of a Home Depot in Riverside on Saturday afternoon, Feb. 9.

The retired officer, identified as Michael Munoz, 61, was arrested on suspicion of assault with a deadly weapon, said Officer Ryan Railsback, a spokesman for the Riverside Police Department.
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FL: No Charges for Fatal Shooting of Two Home Invaders

TITUSVILLE, Fla.(WOFL FOX 35) - There will be no charges in an incident in which two men were fatally shot in alleged home invasion, according to the Brevard County Sheriff’s Office.

On Friday, deputies released the identities of the two men, Alvin Smalls, 20, of Titusville, and Amir Lynn, 18, of Mims.

The incident happened around noon on West Court. According to deputies, the two men, one which was armed, and another wearing a mask, were attempting a home invasion when the occupant shot them both. One died on the scene. The other died at the hospital.
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Monday, February 11, 2019

TX: Dog Shot by Man Claiming it was Killing his Rabbits

The Travis County Sheriff's Office confirmed they are looking in to what happened but so far haven't found signs of criminal activity. TCSO spokesperson Kristen Dark says the neighbor told police that the dog was on his property eating his rabbits.

According to attorney Eric Harron with the Law Office of Eric Harron, a state statute allows property owners to shoot animals that are threatening their livestock, crops or their life.
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NC: Home Invasion Gunfight, Resident Wounded Intruder hit 4 Times

During the investigation, police discovered that a resident shot at the alleged home invader.

That man was hit by gunfire multiple times.

The wounded suspect fled on foot to a residence on the 200 block of Moore Avenue. An ambulance transported that man to a hospital in critical condition, Togneri said.

Link was incorrect and has been fixed.

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AL: Homeowner with Gun Catches Burglary Suspect, Stops Crime Spree

Turns out it’s not the only door the suspect knocked on. According to another victim, he knocked on their door Tuesday and allegedly returned on Thursday. After knocking on the door, the homeowner recognized him from his surveillance video and social media posts and met him at the door with a gun. He held him their until Prichard Police arrived to make the arrest.
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NC: Homeowner Shoots Intruder After Intruder Broke Door

According to the sheriff's release, the homeowner said Brown kicked in the door - busting the door casing - and continued to try to force himself into the home.

The homeowner told Brown to leave several times, but could no longer stop him from getting inside the home. The homeowner then shot Brown through the door, injuring him.
More Here

Followup TX: Man who Carjacked Woman, Ran into Home was Austin Reed, 26

The ex-military man who grew up boxing managed to fight Reed off and ran toward his bedroom for his gun.

"He was kicking [the door] and hitting it, trying to bust the door so he could get to us. I opened the door and put the gun to his face and he took off running down the hallway," he said.

Outside, officers swarmed the home on Jackson Creed Drive and shot the man after he allegedly refused their commands to drop the knife.

"If Dallas police didn't tell me to drop my weapon I would've pulled the trigger," said Hernandez. "I would've pulled the trigger to save my own life and my friend's because that was pretty scary."
More Here

Sunday, February 10, 2019

WI: Serving Warrant Results in Police Death

In Houston, on Monday, 28 January, a no-knock search warrant resulted in the wounding of four police officers and the death of middle aged couple who had owned their home for 20 years.

The deaths and woundings seem to have come from the use of the no-knock warrant. There have been many problems with no-knock warrants.

Thousands of no-knock warrants are used each year.

In Milwaukee, on 6 February, a Milwaukee tactical team was serving a search warrant in an investigation of illegal drug and firearms sales.

It is unclear if the warrant was a no-knock warrant. The Milwaukee Journal Sentinel reports the warrant was announced from a loudspeaker during the attempted service of the warrant. From
The Tactical Enforcement Unit arrived to search a home in the 2900 block of South 12th Street at 9:17 a.m., and three minutes later officers made contact with two people and "shots were fired," Assistant Chief Michael Brunson Sr. told reporters earlier Wednesday.

Three law enforcement sources have told the Journal Sentinel Rittner was shot with a high-powered rifle. Two of those sources said Rittner was shot through a door.


A neighbor said he heard a loudspeaker calling out an address about 9:20 a.m. Wednesday and walked to his window. He then saw a black armored vehicle and police officers swarming the house and heard about five seconds of gunfire followed by someone yelling, "Shots fired!"
It is not known if the officers were attempting to break down the door of the house before, during or after the loudspeaker announcement. Here is part of the statement from the Milwaukee Police Department:
On Wednesday, February 6th, 2019, at about 9:17 a.m., the Milwaukee Police Department's Tactical Enforcement Unit responded to the 2900 block of South 12th Street to conduct a search warrant. The target of the search warrant was wanted for the illegal sale of firearms and drugs. While conducting the search warrant, officers announced themselves as police at which time the suspect fired several rounds. Officer Matthew Rittner was struck by gunfire and transported to Froedert Hospital, where he unfortunately succumbed to his injuries.

Unlike the Houston case, other officers on the scene did not unleash a hail of gunfire into the house. Two suspects were taken into custody. One of them was Jordan P. Fricke, 26.  Fricke was reported as being the target of the raid.  We do not know if his name was on the search warrant.

There is no mention of how Fricke was arrested, or if he claimed he did not know it was police who were attempting to break down his door. We know that he must have given up quickly and surrendered peacefully.  There was another person in the house who has not been identified. It is not clear if they were arrested.

I have not found any statement that any contraband was found at the house.

Fricke did not have any misdemeanor or felony arrests prior to the raid.

The search warrant has not been published as of this writing. 

I have not found any reports of charges being filed against Fricke or the other person in the house when the raid was conducted. 

It is unknown if recordings of the raid and gunfire are available, or if body cameras were worn.

The Wisconsin Department of Criminal Investigation is investigating the incident.

Wisconsin requires an outside agency to investigate police shootings.

Wisconsin has a strong "Castle Doctrine" statute. People may use deadly force to prevent an unlawful forcible entry of their home. There are exemptions if the person was engaged in criminal activity or if the person forcibly entering was a public safety worker, and the person inside knew, or reasonably should have known, they were a public safety worker. Here is the wording of the statute with the exceptions.  From
1. The actor was engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place of business to further a criminal activity at the time.
2. The person against whom the force was used was a public safety worker, as defined in s. 941.375 (1) (b), who entered or attempted to enter the actor's dwelling, motor vehicle, or place of business in the performance of his or her official duties. This subdivision applies only if at least one of the following applies:
a. The public safety worker identified himself or herself to the actor before the force described in par. (ar) was used by the actor.
b. The actor knew or reasonably should have known that the person entering or attempting to enter his or her dwelling, motor vehicle, or place of business was a public safety worker.
I have doubts that a person inside a house would "reasonably have known" that the people breaking in were public safety workers, simply from a loudspeaker on the street.

There are many details about the raid that are not known at this time. They include the number of shots fired, what caliber(s) were used, whether officers returned fire, the particulars of the warrant, and whether any contraband was found at the house.

It could be days or weeks or even months before we determine if this is another tragedy caused by the overuse of no-knock raids.

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

Gun Watch

NV: Armed Samaritan Stops Carjacking/Armed Robbery

LAS VEGAS - Metro Police are looking for a man who was involved in a carjacking turned shootout in a northeast Las Vegas neighborhood. It happened Tuesday evening near Owens and Pecos.

According to officers, a neighbor tried to stop the crime and exchanged gunfire with the suspect.
More Here

AR: Former Governor Candidate Uses Gun to Stop Threat Against Daughter

"My daughter called me on her cell phone screaming and crying and panicked. She said some guy had just charged at her," Morgan said.

Her daughter locked herself in the car and Morgan came out with her gun. She says the man was banging on the car window and yelling at her daughter.

"I yelled at him, 'I'm armed, get on the ground, get on the ground, put your hands behind your head,' and he did," she said.

Morgan said she asked him questions, he admitted to being on drugs, her daughter snapped a picture and she let him go saying he was no longer a threat.
More Here

Followup OH: Woman who Shot, Killed Robbery Suspect "Clearly Justified" no Charges


No charges will be filed against a West Price Hill store owner who shot and killed an alleged robber, Hamilton County Prosecutor Joe Deters said Thursday, adding that she was "clearly justified."

The woman, who WLWT is not identifying, said "I fought for my life."
More Here

FL: Homeowner Shoots, Kills, Two Masked Home Invaders

BREVARD COUNTY, Fla. - A Brevard County homeowner shot two masked intruders Thursday, killing them both, according to Sheriff's Office officials.

The Brevard County Sheriff's Office said the home invasion shooting was reported at 12:33 p.m. near West Court, west of U.S. 1, in the north Titusville/Mims area.
More Here

NC: AR-15, other Gun, Ax Handle used to Capture Intruders in Three Burglaries

PRINCETON - A homeowner armed with an AR-15 confronted a female intruder, homeowners chasing down a sneaky thief who tried breaking into their residence, and a homeowner holding an intruder at gunpoint were among the three burglaries local deputies handled in a 24-hour period.

More Here

Saturday, February 09, 2019

FL: School has Plan to use Semi-Automatic Rifles to Stop School Shooters


Should an armed intruder ever get onto the campus of Manatee School for the Arts in Palmetto, they will not have fair fight on their hands. They, according to Principal Bill Jones, will be met with swift, overwhelming and deadly force by guards carrying semi-automatic rifles.
More Here

TN: Robbery Suspect Shot by Defending Husband

The woman’s 29-year-old husband heard the screams, Aaron said, and came out of their apartment. At some point, he said, the husband jumped over a railing and landed on top of Ponce.

After a struggle between the men, Ponce got up and ran toward the parking lot, police said. The husband followed him, and the two got into a second fight in which the husband said Ponce hit him in the head and got up.

Not knowing Ponce’s next move, the husband said he pulled out a gun and opened fire on Ponce.
More Here

OH: Gunfight at Convenience Store, Suspect Wounded, Clerk Killed

Witnesses told police that two suspects entered with guns and attempted to rob the store. The victim and 18-year-old Andre McKelvey exchanged gunfire at each other.

Both suspects fled on foot. McKelvey was eventually located on Kimberly Avenue, arrested, and taken to University Hospitals with a gunshot wound to his neck that he sustained during the shootout.
More Here

AL: Husband with Gun Scares off Teen Attempting Break-in

Wilcox and her husband were relaxing in their when she heard commotion in their kitchen, "I heard a noise, looked towards the window, and I saw a face. He was pulling the window up. I screamed for my husband and said to get his gun, somebody was trying to break in."
She told her husband to get his gun. The couple believes he saw their rifle and ran away.

More Here

Friday, February 08, 2019

When Will the Supreme Court Hear New York Rifle & Pistol Association v.

In the first firearms related Second Amendment case to be heard in a decade, the Supreme Court granted a writ of Certiorari (decided to hear) the case of New York Rifle & Pistol Association v. The City of New York. The case will have major ramifications for Second Amendment jurisprudence.

New York State Rifle & Pistol Association Inc. v. City of New York, New York, No. 18-280
Issue(s): Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
When will it be heard (oral arguments) and when will it be decided?

Reuters thinks it will be heard in October of 2019. From
The case will be heard and decided in the court’s next term, which starts in October and ends in June 2020.
Heritage thinks it could be in the spring or fall. From
Thankfully, the Supreme Court will hear New York State Rifle & Pistol Association Inc. v. City of New York, either this spring or next fall.
The Daily Caller calls it for the fall of 2019: From the
The case, New York State Rifle and Pistol Association v. City of New York, will likely be heard in the fall.
The Supreme Court Oral Argument calendar does not have it scheduled yet.
Since this term started in October of 2018, the Court has heard 40 cases and settled two without oral arguments. There are eight cases scheduled for oral arguments in February, and nine cases scheduled for oral arguments in March of 2019. There are 14 cases that have been granted cert (writ of certiorari) but have not been scheduled.

April does not have any oral arguments scheduled yet. The Court has not heard oral arguments in May for the last few years.  The Court generally hears 1-3 cases a day. They have six days in April to hear oral arguments. There is a chance they will hear oral arguments from the NYSR&PA v. City of New York in April. A 50/50 chance is a reasonable guess.

If they do not hear oral arguments in April, the next available date will be in October of 2019. There is generally a 4-9 month gap from granting cert to the oral arguments.  It is not uncommon for cases to be granted cert in January or February and for oral arguments to be heard in October or November.

Those who are hoping for a decision that minimizes Second Amendment rights are likely hoping for the oral arguments to be heard in April, and the case to be decided by July.

The reason is simple: Justice Ruth Bader Ginsburg.

Justice Ginsburg is 85 years old and in failing health. She is more likely to be able to vote on a decision if it is held sooner rather than later.  If the case is not heard until October, President Trump may have already successfully nominated another justice to the Supreme Court.  Six months is a long time when you are 85 years old and in poor health.

Justice Stephen Breyer is 80 years old, and is the next oldest justice on the Supreme Court. He consistently votes with the Court's left wing and Ruth Bader Ginsburg.

I doubt that the Supreme Court will take Justice Ruth Bader Ginsburg's health, or Justice Breyer's age, into account when they are scheduling the oral arguments for the coming cases.

In a few weeks the April schedule should be posted online. Then we will know if NYR&PA v. The City of New York will be heard in April or late in 2019. If the case is heard in April, we would probably have a decision by late July of 2019. If it is hear in October or November, we may not get a decision until the summer of 2020.

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

Link to Gun Watch

OK: Gun Beats Baseball bat in Self Defense Shooting

Marshall later appeared with a baseball bat, hit Meeks’ vehicle with it and threatened Meeks again, police said. Meeks then fired a shot into the air and warned Marshall to leave, but Marshall then ran at Meeks with the bat, and Meeks shot him in his right forearm with a grazing wound about 4 p.m., according to the news release.
More Here

Followup MN: Domestic Defense, Girlfriend who Shot Killed David Bragg was Justified

ALEXANDRIA, Minn. - No charges will be filed in the shooting death of a 43-year-old man in his home near Leaf Valley on May 9, 2018.

After reviewing the investigative materials in the case, Douglas County Attorney Chad Larson determined that David Bragg's girlfriend was acting in self-defense when she shot Bragg, 43.
More Here

GA: Robbery Suspect Shot, Killed. Investigation Continues

The fatal shooting on Monday of an Athens man was the result of a robbery, said Athens-Clarke County police.

When responding to a report of shots fired in the area of Trail Creek and First streets, an officer located 24-year-old Curry Cole Calloway suffering from a gunshot wound, according to police. Calloway was transported to a hospital by ambulance, where he was pronounced dead.
More Here

NC: Neighbor shoots Aggressive Pit Bull

The shooter told us off camera that the case is more complicated. He says he's had issues with the dog before, and regretted the fact that he never called law enforcement previously.

Henderson County law states an animal that threatens a person or property may be "immediately destroyed" for the "protection of public health and safety."
More Here

FL: Homeowner Shoots, Killes Burglary Suspect in Confrontation

EUSTIS, Fla. —

A would-be burglar was shot and killed by a homeowner on Tuesday after a Eustis residence was targeted by thieves four times in a span of just 24 hours, deputies said.

Officials with the Lake County Sheriff’s Office said deputies responded to a burglary on Dee Street in the Pine Lakes area of Eustis around 5 a.m.
More Here

Followup CO: Suspect was on Parole when Captured by Homeowner

Video of homeowner capturing man at gunpoint in Colorado.

11 News now has the arrest papers for a man who was caught on camera trying to break into a home in Colorado Springs. We've also uncovered the suspected thief was on parole when the attempted burglary happened.

More Here

Thursday, February 07, 2019

CO: Mountain Lion Killed by Unarmed Human Victim

Big cats are dangerous predators. They usually attack from ambush, without warning, often from behind. That happened to a runner in Colorado. But the runner was not listening to music on earbuds or headphones. He heard something. He started to turn around. He saw the lion launching itself at him.

Here is the initial report from Colorado Parks and Wildlife. From
LARIMER COUNTY, Colo. - Colorado Parks and Wildlife officers, working with Larimer County Department of Natural Resources, are investigating a mountain lion attack on a trail runner using the West Ridge Trail at Horsetooth Mountain Open Space on Monday, Feb. 4. The victim was able to defend himself from the attack, resulting in the death of the juvenile mountain lion. The runner was then able to leave the open space property and get himself to a local hospital.

“Mountain lion attacks are not common in Colorado and it is unfortunate that the lion’s hunting instincts were triggered by the runner,” Ty Petersburg, area wildlife manager for Colorado Parks and Wildlife said. “This could have had a very different outcome.”

The victim of the attack described hearing something behind him on the trail and was attacked by a mountain lion as he turned around to investigate. The lion lunged at the runner, biting his face and wrist. He was able to fight and break free from the lion, killing the lion in self-defense. The runner sustained serious, but non-life threatening injuries as a result of the attack.

As wildlife officers searched the trail area provided by the runner, the body of a juvenile mountain lion was found within feet of several possessions that the victim asked the officers to look for on the trail. The lion has been taken to the Colorado Parks and Wildlife animal health lab for a necropsy.

“The runner did everything he could to save his life. In the event of a lion attack you need to do anything in your power to fight back just as this gentleman did,” said Mark Leslie, Colorado Parks and Wildlife Northeast Region manager.

The initial report did not explain how the man managed to kill the lion. I immediately suspected he choked it to death. A tweet from the CPW confirmed that a few hours ago.

The smaller wild cats, up to and including mountain lions and leopards, can be killed by a man without weapons. In this case, the victim used his body weight and hands. The victim managed to separate the cat from his face and hands. Then he pounced on top of the cat, pinning it to the ground while he choked/smothered it. The body was used to immobilize the cat and neutralize it claws and teeth. He might have used his body to crush the chest cavity.

There have been cases in the United States where unarmed people have killed rabid attacking bobcats.

In Africa, a 73-year-old farmer killed a leopard with his bare hands in 2005.  In 1896, a famed photographer killed a wounded leopard with his bare hands after it attacked him. The leopard was only wounded in the left hind leg.

The photographer used his weight to advantage, crushing the leopard's chest.

These incidents usually occur with cats that weigh less than 100 pounds.

I suspect the victims would have preferred to have almost any handgun. A handgun would allow them to end the fight quickly and suffer less damage.

Knives, even small knives, have been used to good effect. A club can work on these cats. One leopard in Africa is reported to have died when it impaled its brain on a fish spear a man was carrying over his shoulder. A man in Canada recently killed a mountain lion that was attacking his wife. He used a spear.

Being alert is key to any defense. Few recover sufficiently from complete surprise. It is possible, but difficult and unlikely.

I refuse to wear a headset while out and about.

Gun Watch

Followup KY: Jury Finds Eltaka Moore and Tilibra Cherry Not Guilty in 2017 Killing and Wounding

A mother and her daughter who were charged with murder and assault in a double shooting on Easter morning in 2017 have been acquitted.

A Jefferson Circuit Court jury Monday found Eltaka Moore, 45, and Tilibra Cherry, 28, not guilty of the murder of Ta'Nea M. Woods, 22.

They were also acquitted of assault for shooting Woods' friend, Tayayla Love, 27.
More Here

Followup AL: Charges Dismissed against Richard Wayne Crawford in Shooting Death of Jason Meyers

Crawford was indicted on a murder charge for the November 2017 shooting death of Jason Myers at Pleasant View Trailer Park. According to court documents, Crawford claimed Myers approached the home at night saying he was going to kill Crawford and his wife. Crawford fired one shot, hitting Myers.

The two men did not know each other prior to the incident, court documents state.
More Here

FL: Homeowner Shoots, Kills, Theif, Stops Crime Spree

About 5 a.m., he heard a noise outside by his shed, went outside and confronted the prowler. A struggle ensued, and the homeowner shot the prowler, officials said.

The suspect, who was identified Tuesday afternoon as Brandon Allen Woods, 27, died. The homeowner was transported to a local hospital with non-life-threatening injuries he suffered during the scuffle. He was still hospitalized late Tuesday morning, although the nature and extent of his injuries wasn’t known.
More Here

TN: Husband Shoots, Wounds, Robbery Suspect

Metro Police was called to investigate reports of a robbery at 9:40 p.m. Officers believe a Hispanic male in his early 20's robbed a woman of her belongings.

Investigators say the woman's husband intervened, firing several shots at the suspect, striking him in the stomach once.
More Here

LA: Armed Homeowner Shoots, Wounds, 1 of Several Home Invaders

Hedrick said multiple suspects attempted to break into a residence on Ralphs Road and the resident defended himself by shooting.

Hedrick said the homeowner would not face charges in the shooting since it was self-defense.

“There were multiple subjects that attempted to break into a home,” Hedrick said. “One was shot and the others fled.”

The one suspect was hit, Hedrick said, and the other suspects fled.
More Here

OH: Armed Restaurant Owner Stops Robbery Attempt

AKRON, Ohio — A suspected robber believed to armed with a knife was scared off by a restaurant owner who pulled a handgun on the man, according to police.

Police say they believe the masked suspect is responsible for the armed robbery of another bar later that same night.
More Here

Houston Gunfight as Deadly as OK Corral, Three Killed, Two Wounded, Defender used AK

On 19 January, 2019, at about 1 a.m. in the morning, a gunfight occurred on Sherman Street in Houston, Texas. It was in the Magnolia Park neighborhood.

Magnolia Park has been a traditionally ethnic Mexican part of Houston for over 100 years.  It is considered a bit rough. There were five home invaders. There was one home defender. From
Authorities are investigating after dozens of shots were fired in east Houston.

According to a detective, the incident began as a home invasion at the 7000 block of Sherman.

Authorities say the homeowner defended himself when the suspects entered the home. Following the shooting, the suspects fled from the scene.
Two armed home invaders broke in. One of the home invaders is reported as shot in the leg, and running from the house. He survived.  One home invader died in the front yard. Another person, believed to be one of the home invaders, was found dead in a car two blocks from the scene. Another suspect ended up in the hospital, and died there. The fifth suspect was wounded, fled the scene, and was being treated in the hospital.

The  defender gave an interview to Stefania Okolie, reporting from The interview is only on video. I did not see a transcript.

The defender was  20 years old. According to him, two men in ski masks broke in, demanding money. At first, he thought it was a joke. This sort of denial is common among crime victims.

The other three home invaders had not entered the house. The defender said he used a pretext of getting money from under the couch. Instead of money, he pulled out a loaded AK-47 clone. 

He shot at the two home invaders. They fired back as they fled. He wounded both of them.  One died in the front yard, the other, wounded in the leg, fled, and is in the hospital.

The defender pursued the invaders into the front yard. The pile of brass in the front yard has been described as being from several different guns. 

The defender continued the gunfight with three occupants of the car that delivered some of the home invaders. They fled the scene in the car.

The car crashed a couple of blocks away.  One suspect was found in the car, dead. One wounded suspect was found at Capitol and 71st Street. He is the suspect that died at the hospital. The third suspect from the car was wounded, fled the scene, and was being treated in the hospital.

The defender told Stefania Okolie the police told him he had done the right thing. 

There were no charges filed against the defender. He was not wounded. There were no reports of contraband being discovered at the shooting scene.  

Jeff Cooper, in his small book, Principles of Personal Defense, emphasizes seven: 

Alertness, Decisiveness, Aggressiveness, Speed, Coolness, Ruthlessness, and Surprise. 

In the gunfight in Houston, the defender demonstrated six of the seven. He may be faulted for being insufficiently alert. At first, he thought it was a joke. 

Once he understood the situation, he acted decisively, aggressively, with speed, coolness, and ruthlessness. He surprised his attackers.

In the infamous  gunfight at the O.K. Corral, in Tombstone, Arizona, in 1881, nine people were involved.  Four on one side, five on the other. Two on one side were wounded. Three on the other side were killed. Doc Holliday, on the side of the Earps, was grazed. 

In the Houston gunfight on Sherman Street, six people were involved. Five on one side, one on the other.

Three of the aggressors were killed. Two were wounded. The defender was not injured. 

In the Old West, the Houston Sherman Street gunfight would have been discussed around campfires for decades.

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

Gun Watch

Wednesday, February 06, 2019

WV: 70-Year-Old Woman uses .22 Magnum Rifle to Shoot Man Attempting Break-in

When investigators arrived they found Jesse Blake, 34 of Marlinton, WV lying in the yard.  He had been shot.  Blake allegedly tried breaking two windows to get into the house.  Deputies said that is when the 70-year-old woman who lived in the home shot him with a .22 magnum rifle.

More Here

IN: Kokomo Resident Fires at Armed Robbery Suspect

At approximately 5:02 a.m., 32-year-old Andrew Boles witnessed a male wearing a gray jacket, bandanna and a head covering enter his vehicle.

Boles then armed himself and announced to the suspect that he was armed.

The suspect was armed as well, and pointed a handgun at Boles. Boles then fired several shots at the suspect.
More Here

NC: Video of Victim Capturing Burglary Suspects at Gunpoint

The suspects were met with a gun drawn once they exited the home. Stephen Routh watches over his parent’s home on McKnight street and after getting a call about some unusual people on the property he made his way to see what was going.

Once he arrived, he saw three suspects trying to leave out of the back door.

That’s when he held them at gunpoint and ordered them onto the ground while talking with 911 dispatchers.
More Here

OR: Justified Self Defense Shooting results in $400,000 Civil Settlement

Civil lawsuits are common following shootings, even justified shootings.

That afternoon on February 20, 2017, Petersen (32) entered Chan’s insurance agency and informed the agent that he had camped at the front of the business the night before. Petersen then asked for the whereabouts of his personal effects, according to Chan’s account to the police. Chan claimed that after he had informed Petersen that he had disposed of the sleeping bag and other items, the homeless man threatened to kill him and burn his business down.

Chan admitted to the police that he had shot Petersen with his .22-caliber revolver in self-defense as the homeless man attempted to assault him. The agent also claimed that he did not have enough time to warn Petersen that he was about to shoot, and that he did not intend to kill the man.
More Here

Followup NV: Arrest of two men Wounded in Home Invasion Gunfight

Michael Moore, 24, and Devin Taft, 23, were booked into the Clark County Detention Center on Saturday in connection with the shooting. Each man faces charges of attempted murder, battery resulting in substantial bodily harm, robbery, mayhem and home invasion — all with a deadly weapon — as well as battery to commit mayhem or robbery, conspiracy to commit robbery, discharging a gun into an occupied building, conspiracy to commit a home invasion, and grand larceny of a gun.
More Here

LA: Some Details of Gunfight at Taco Bell, Arrest

Police said Ricard, who is an employee at the restaurant, waits behind the counter as the victim went from inside the restaurant to outside, then back inside to collect his clothing that fell off during the assault.

Police believe the victim went to a car parked in the parking lot to arm himself and was in “great fear for his well being.” After the victim returned to the inside of the restaurant to get his things, Ricard yelled “hey” from across the dining room, moved a co-worker out of the way and fired a shot at the victim, police said.

It appears Ricard missed, and was hit by a bullet when the victim returned fire. Ricard was injured and had someone hide his stolen gun, police said.
More Here

Justice Ruth Bader Ginsburg will not be at The State of the Union Speech in 2019

Justice Ruth Bader Ginsburg, notorious RBG, will not be at President Trump's State of the Union speech on Tuesday, February 5th, 2019.

I base my prediction on game theory and recent events.

The Progressive Left and RBG have too much to lose by showing up, and too little to gain. RBG is old and frail, and probably in ill health. She has not been seen in public for seven weeks. A singular reported sighting, in a darkened theater, where no pictures were allowed, occurred yesterday, on February 4th.

Her last public appearance was on 15 December. She underwent major surgery on 21 December, 2018.

Her son, James Ginsburg, says she is walking a mile a day and meeting with her personal trainer two times a week.

Supreme Court Justices are understandably careful about their privacy. But Justice Ginsburg has canceled two scheduled public appearances and missed oral arguments for the the first time in her career in January and February of this year.

If Justice Ginsburg is in ill health, she will not wish to subject herself to the strain of the State of the Union address. She will not wish to nod off during the speech. That faux pas occurred in 2015, during President Obama's State of the Union speech. She blamed it on imbibing too much alcohol at the dinner before the event.

Ruth Bader Ginsburg's health is avidly watched by Second Amendment supporters and Constitutionalists, because her politics and judicial decisions have been uniformly against protecting Second Amendment rights, and against enforcing the Constitution as written.

If President Trump has to appoint a replacement for Justice Ginsburg, the Supreme Court may have a majority of originalists and textualists for the first time in 70 years.

For the first time in 70 years, the Supreme Court may leave the Progressive ideology of treating the Constitution as a "living document" malleable and fluid, to be altered at will by Justices as they see fit for the moment.

RGB skipped President Trump's State of the Union speech in 2017, and again in 2018.

Ruth Bader Ginsburg has publicly proclaimed how much she detests President Trump.  RBG's birthday is on 15 March. She was born in 1933.

Ruth Bader Ginsburg will not attend the State of the Union speech by President Trump.

Don't be disappointed or make too much of the event, when she does not show up.

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

Gun Watch

Tuesday, February 05, 2019

South Dakota Passes Constitutional Carry, Governor Noem Signs Bill

On January 31, 2019, Governor Kristi Noem signed her first bill into law. The bill was SB47, South Dakota Constitutional Carry. From
Governor Kristi Noem today signed her first bill into law. SB47, which Noem signed today, will further protect the Second Amendment rights of South Dakotans by allowing constitutional carry. The bill will go into effect July 1, 2019.

“More than 230 years ago, the Founding Fathers of our country penned the Constitution that has since laid the framework for centuries of policies. They so firmly believed in the importance of the freedom to bear arms that they enshrined it into the Constitution’s Second Amendment,” said Noem. “This constitutional carry legislation will further protect the Second Amendment rights of South Dakotans.”
The bill passed extremely rapidly. I was impressed. The South Dakota legislature kept their word. Governor Noem kept her word. Bill SB 47 passed on 22 January, 2019, in the Senate. From
PIERRE — A bill allowing people to carry concealed handguns without a permit has passed the South Dakota Senate.

Senate Bill 47 will now go to the South Dakota House for consideration after the Senate passed the measure, sometimes called "constitutional carry," in a 23-11 vote after an hour of debate on Tuesday afternoon.
The South Dakota House passed SB47 on 29 January, 2019, 47 to 23.

 The bill appears to be straightforward,  repealing sections of South Dakota law.

Here is one of the sections repealed
22-14-9. Carrying concealed pistol or revolver without a permit--Misdemeanor. Any person, other than a law enforcement officer as defined in § 22-1-2 acting under color of authority, who:

(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7; is guilty of a Class 1 misdemeanor.
The current South Dakota permit system, with a base permit and an enhanced permit, will remain in place.  It simply will not be illegal for people to carry openly or concealed without a permit. Minors will need to be accompanied by a parent or guardian if they are carrying concealed.

South Dakota is a strongly conservative state. I expected it to pass Constitutional Carry years ago.

Constitutional Carry is a reform and repeal of gun laws restrictions. The reform and repeals  approximate the level of restrictions in place when the Bill of Rights was adopted in 1791.

South Dakota passed Constitutional Carry more than once. Popular Republican governor Dennis Daugaard vetoed a Constitutional Carry more than once. He vetoed a Constitutional Carry bill on March 17, 2017.

Governor Daugaard vetoed his first Constitutional Carry bill in 2012.  In between, Daugaard was certain to lobby against Constitutional carry, and get it killed with legislative manuevers.

Governors do not like to veto popular bills. It makes them look bad. Legislators do not like to override vetoes of governors of their party.

Governor Daugaard seems to have had a phobia against Constitutional Carry.

South Dakota is now the 14th State to pass Constitutional Carry.

Oklahoma is the next state most likely to join the list.  Governor Fallin vetoed Constitutional Carry in Oklahoma in 2018, on May 11th. Oklahoma has a new governor.

The Oklahoma legislature need only look to South Dakota for success.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NC: Domestic Defense, Son-in-Law Shoots Grandson who Attacked Grandmother

They say the woman and the suspect, Corey Lee Beck, 26, both live at the address and the victim is the suspect's grandmother.

Deputies say Beck allegedly got agitated at his grandmother and dragged her and her wheelchair outside and assaulted her.

During the commotion, the woman's son-in-law, who lives nearby, came over and shot Beck in the leg, according to the report.
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TX: Tony Buzbee, Houston Celebrity, Lawyer and Mayoral Candidate, uses Gun to Drive Burglars from Home with Gun

"Luckily, I was armed, and ran the subject out of my home, and but for the fact that my weapon misfired, I would have shot one of them," said Buzbee.

Buzbee's son and daughter were home during the break-in, and he says it's possible a second burglar was part of the crime.
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Followup UT: Deadly Domestic Defense Involved Children

At some point after entering the apartment, there was a confrontation between Millan and Boyle and Millan was shot, according to Logan Police Capt. Tyson Budge.

Millan's family says he went to the apartment to pick up his daughters, who were staying with their mother.

Cruz said the apartment was small and she fears Millan's children witnessed the fatal shooting and its aftermath.
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PA: Gun Beats Bat in Tow Truck Argument

An earlier accident on Washington Boulevard drew multiple tow trucks. Two truck drivers started arguing, according to George.

“One went to his truck, grabbed a bat, and approached the other unidentified driver,” she said.

Then the unidentified driver pulled out a gun and shot the driver who was holding the bat, she said.

The victim was transported to an unnamed Pittsburgh hospital in critical condition.
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Monday, February 04, 2019

MO: Jury Finds Raydel Cespedes not Guilty in "Accidental" Self Defense Shoting of Anthony Miner Jr.

Proscutors alleged Cespedes shot and killed Miner during an argument at Cespedes' home. The defense argued that Cespedes acted in "self-defense."

Cespedes who did testify in court says Miner got very angry and Cespedes was afraid for his life and reached for a gun. He fired one warning shot but didn't think a second shot would hit Miner.
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Followup MN: Domestic Defense, No Charges for Girlfriend who Shot, Killed David Bragg

No charges will be filed in the shooting death of David Bragg in his home near Leaf Valley on May 9, 2018.

After reviewing the investigative materials in the case, Douglas County Attorney Chad Larson determined that Bragg's girlfriend was acting in self-defense when she shot Bragg, 43.
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NV: Gunfight between Homeowner and Intruders

This is only on video. There is no transcript. It shows that an armed homeowner says two people invaded the house. They shot him and he fired back.

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NC: Registered Sex Offender Shot by Armed Homeowner

They say Tyrell Johnson came into the home through a back door and was confronted by the homeowner who ended up shooting him twice.

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