Wednesday, April 02, 2025

NYC Court Holds Stun Guns are not Arms Protected by 2A


Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is not unconstitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution.

The case is Calce v. City of New York, filed in October of 2021.  Ramos' court is the first court to conclude that stun guns have not been established as "arms" covered by the text of the Second Amendment, since the Supreme Court rebuked the Massachusetts Supreme Court in the Caetano case. In Caetano, the Court unanimously held, that:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008) , and that this “ Second Amendment right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010)

Prima facie means "on its face".  The Supreme Court in the three cases of Heller, McDonald and Caetano, has repeatedly stated the text of the Second Amendment extends to all instruments that constitute bearable arms.  The statement is very clear. It goes back to the establishment of what the words in the text of the Second Amendment mean. In Heller, the meaning of "arms" is established, by reference to the dictionary definition at the time:

Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 107 (4th ed.) (hereinafter Johnson). Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” 1 A New and Complete Law Dictionary (1771); see also N. Webster, American Dictionary of the English Language (1828) (reprinted 1989) (hereinafter Webster) (similar).

Heller clearly establishes the word "arms" in the Second Amendment refers to "any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another. " There is not question of the definition of "arms" in the text of the Second Amendment.

Once the action in question in the court is established to be covered by the text of the Second Amendment, the burden of proof shifts to the government to show there were longstanding legal traditions which established exceptions to the text, such as limitations on "dangerous and unusual" weapons.

Courts which are defying the Supreme Court have hit on a strategy to dilute and deny Second Amendment rights. Those courts claim the burden of proof is on those supporting the Second Amendment to prove particular arms in a case are in "common use" to be covered by the Second Amendment text.

In the New York case, this is the tactic Judge Ramos uses to find in favor of New York City. Judge Ramos claims it is the burden of the plaintiffs to prove stun guns and tasers are "in common use" for them to be covered by the text of the Second Amendment. From Judge Ramos:

 “[T]he Second Amendment does not protect those weapons not typically
possessed by law-abiding citizens for lawful purposes.” Heller, 554 U.S. at 625. Therefore, Plaintiffs must show that stun guns and tasers are in “common use” today, and that they are “typically possessed by law-abiding citizens for lawful purposes.”

Analysis:

Judge Ramos is turning the burden of proof on its head. Just because some weapons may not be protected by the Second Amendment does not mean they are not covered by the text of the Second Amendment.

Most jurisdictions and courts are ruling differently. Several jurisdictions have removed their bans on various weapons, including in New York State. For example,  On 14 December 2018, a New York District judge, Pamela K. Chen, an Obama appointee, has struck down a ban on nunchakus, as unconstitutional. In Rhode Island, District Judge William E. Smith found the burden falls to the state to prove particular weapons are not protected by the Second Amendment.

This correspondent views this ruling as another effort by judges who dislike the Second Amendment to delay and delay, hoping for a miracle to reverse current Supreme Court decisions on the Second Amendment.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



 

VA: Martinsberg Intruder Shot During Altercation

FRANKLIN COUNTY, Va. (WFXR) – The Franklin County Sheriff is investigating after a man allegedly entered a home in Martinsville and was then shot on March 30.

According to the sheriff, deputies responded to the 100 block of Blue Spruce Drive around 9:30 p.m. after reports that a man was shot during an altercation when he allegedly entered a homeowner’s property. At the scene, deputies immediately began emergency first aid until EMS arrived.


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NC: Larinburg Robbery Attempt Gunfight, Suspect Killed, Victim Wounded

After investigation, officers said the 19-year-old was in the store playing a 'skills game' when Henry came inside with three men.

Officers said Henry pointed a firearm at the 19-year-old in what appeared to be an attempted robbery.

Henry shot the firearm, and the 19-year-old pulled out a firearm and shot back.

They both struck each other. Henry fled the scene and the 19-year-old collapsed inside.

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LA: Baton Rouge Gunfight with Vehicle Burglary Suspects, Victim Wounded

EAST BATON ROUGE, La. (WAFB) - A man is recovering after being shot in the arm following a confrontation with two alleged vehicle burglars, according to law enforcement.

Officials with the East Baton Rouge Sheriff’s Office say the shooting happened early Saturday morning, Mar. 29., around 1 a.m. in the 8800 block of Mable Drive.

Deputies responded to the scene where they learned the victim had confronted two males who were allegedly attempting to commit vehicle burglaries. According to officials, the victim and two others later followed the two males to the end of Marionette Drive where one of the alleged burglars opened fire.

The victims group returned fire and the two males fled, deputies say. Their identities are currently unknown.


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MO: Gunfight/Road Rage? in Charleston, Shots Fired One Wounded

CAPE GIRARDEAU, Mo. (KFVS) - A shooting in Charleston, Mo. sent one man to the hospital and landed another behind bars.

According to court documents, 35-year-old Laterence Caldwell is accused of shooting the victim in the leg near Boomland on Saturday, March 29.

The victim told police he felt the bullet hit his leg as a black Nissan passed his vehicle.

The victim then grabbed his gun and fired two shots through the windshield of his vehicle, according to a probable cause statement.



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2/3 of Federal Gun Confiscations are not for Criminal Acts

 

Less than one third of guns  and ammunition taken by the federal government are done through criminal forfeitures. During the Biden administration, criminal forfeitures of guns and ammunition nearly doubled, while administrative forfeitures and civil forfeitures were essentially level.  The chart shown was obtained from the Department of Justice (DOJ). It lists the three types of forfeitures by for the last five fiscal years. The federal fiscal year is the time period used for budget purposes, running from October 1 to September 30 each year. The five years covered span most of the four years of the Biden administration.

Here is a short description of the three types of forfeiture listed. They are derived form longer definitions posted at the DOJ.  

Judicial Criminal Forfeiture - the procedure by which property is forfeited by a person as part of a criminal conviction. The connection between the crime and the property must be established by a preponderance of the evidence. This type of forfeiture occurs when a claimant contests the forfeiture. This type of forfeiture accounts for 31% of the federal forfeitures of guns and ammunition.

Civil Judicial Forfeiture -  the procedure by which property alleged to be derived from or used to commit an offense is forfeited to the government. No criminal conviction is required, but a court has to find a preponderance of the evidence, presented by the government, links the property to criminal activity. This type of forfeiture amounts to about two percent of the forfeitures of guns and ammunition.

Administrative Forfeiture - the procedure by which property is forfeited without a case being filed in federal court. This occurs when no one contests the forfeiture of the assets. The seizure of the property is required to be based on probable cause. This type of forfeiture is the most common at about two thirds of the federal forfeitures of guns and ammunition. 

It is likely the judicial-criminal and administrative forfeiture of firearms and ammunition will be reduced during the President Trump administration. FY21 ran from October 1, 2020 to September 30, 2021. The first four months were during the first Trump administration. Much of the last eight months happened as the Biden administration found its footing and changed the direction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, (ATF).  The FY21 number of Judicial-criminal firearms and guns were 8,482. The number increased for the next three years to 16,858, very close to double. There was very little change in the other two types of forfeiture. 

Analysis: 

The doubling of judicial-criminal forfeitures during the Biden administration likely occurred because of the "zero-tolerance" anti-Second Amendment policy of the Biden administration. Acts which would not have been considered criminal, or would not have been prosecuted before the Biden administration, were vigorously prosecuted during the Biden administration.  The Trump administration has already put plans into effect to transfer or cut 1000 ATF agents. The ATF has about 2,600 agents. Removing a thousand ATF agents from the ATF means the ability of the ATF to infringe on Second Amendment rights will be greatly reduced. The change in focus of the ATF, away from paperwork errors and toward violent criminals will probably mean a smaller number of more important cases.


©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



CA: Los Banos Homeowner in Gunfight with Home Invaders. Two Invaders Wounded

Two people were shot by a homeowner during a home invasion early Friday morning in Los Banos.

The Los Banos Police Department says dispatch fist received calls around 2:00 a.m. for reports of gunshots in the 2000 block of Edward Street.

When officers arrived, they learned that several people forced their way into a home.

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NM: Domestic Defense? EX attempts to Force way into House; new Friend Shoots Ex

APD officers responded Friday at around 1:10 a.m. to reports of shots fired at an apartment complex, just south of San Mateo Boulevard and Osuna Road. They arrived and found a man dead with gunshot wounds.

Detectives investigated and say the man tried forcing his way into his ex-girlfriend’s apartment after a dispute. Her friend then stepped in and shot him.

After consulting with the Bernalillo County District Attorney’s Office, however, APD stated no charges will be filed at this time.

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Tuesday, April 01, 2025

TX: Houston Homeowner Shoots, Wounds Burglary Suspect

When he got to the garage, he noticed the door had been opened. That's when he found a man inside his wife's car in the driveway.

The man got out of the wife's car and started moving down the driveway. Houston police said the homeowner told him to stop. According to HPD, it was dark outside and the man made a quick movement, prompting the homeowner to open fire twice, hitting the man once in the arm and once in the leg.

The homeowner yelled at his wife to call 911 and get help as he stayed with the man.

The Houston Fire Department quickly arrived to the scene and brought the man to an area hospital where he is expected to survive. He is expected to face burglary charges.

The Harris County District Attorney's Office will investigate this incident to determine whether any charges will be filed on the homeowner.



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PA: Philadelphia Burglary Suspect Shot, Killed by 70-Year-Old Resident

In an interview with NBC10, Philadelphia Police Department Captain Shaun Butts said that police were initially unclear on the circumstances that led to the shooting.

However, in a noon update, law enforcement officials said the 70-year-old homeowner was cooperating with the investigation and investigators believe the man who died was killed during an attempted burglary.

An investigation into this incident is ongoing, officials said.

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CT: Domestic Defense, Father Shoots Wife and Son, Friend Shoots Father


A preliminary investigation determined that the father was in the process of moving out of the home, Stephens said, and the son and his friend were assisting him. He said the mother, who had been estranged from the husband and has been living in a different town, had arrived to help.

Stephens said an argument ensued between the mother and father, and the son and friend tried to intervene. The father, who was armed, shot both the mother and son.

Then, Stephens said, the son's friend, who has a legal firearms permit, took out his registered weapon and shot the father. He said the man then called 911.

"It appears he was defending himself when he shot and killed (the husband). He was fearing for his life," Stephens said of the son's friend, adding that he was "very distraught" when called 911.

 

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Sunday, March 30, 2025

WI: Milwaukee Threat with Fake Gun Leads to Real Death

A 23-year-old was fatally shot Wednesday morning after pointing a fake gun at another person, prompting them to open fire, Milwaukee police said.

The shooting occurred around 8:45 a.m. on Hope Avenue, near 81st Street, in the Arlington Gardens neighborhood. A WISN 12 News photojournalist saw police gathered in the parking lot of the Covenant Lutheran Church.

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According to police, the 23-year-old pointed what was later determined to be a replica firearm at a 24-year-old man.


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AL: Florence Armed Robbery Victim Shoots, Wounds, Suspect

While detectives were on the scene, FPD said that a person involved in the incident came to the department.

“During the investigation, it was learned that the deceased juvenile and another juvenile planned to rob the other party involved,” FPD said. “Florence Police Department Detectives worked into the early morning hours, serving search warrants in Franklin County and Colbert County with the assistance of the Florence/Lauderdale SWAT Team.”



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WA: Attempted "Hit" Victim Shoots Back, Wounds Assailant

A 57-year-old man at the scene said he was getting into his vehicle when a white car pulled up with two young men in it, the affidavit said. One of the men in the car said they were there “to serve a hit.” After saying something to them, the man went back to the house to tell the man who lived there what had happened.

The 59-year-old resident armed himself with a .40-caliber pistol and went outside as the white car turned around, turned off its lights and sped toward the house, the affidavit said. When someone in the car fired at his house, the resident shot back.

Deputies found several 9-millimeter shell casings in the street, as well as four bullet holes in the man’s house, the affidavit said.

While deputies were at the scene, they were told that two men had just arrived at Astria Toppenish Hospital, one of them with a gunshot wound to his right thigh. At the hospital, deputies saw a white Nisan Altima that had a bullet hole in the center of the passenger door, two 9 mm shell casings by the base of the windshield and one shell casing at the base of the rear window.


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Saturday, March 29, 2025

IL: Legally Armed Citizen In Chicago Shoots Car Burglar

But another 911 call, this one from the concealed carry holder, soon followed. He told police that he saw two men breaking into his car, and he ultimately shot one of them in both legs.

The injured burglar, 21, was taken to the University of Chicago Hospital in fair condition. CPD said he is now in custody for auto burglary.

 

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CO: Manitou Springs Domestic Defense? Gun and Knife Wounds

Investigators determined that the suspect arrived at the victim’s home and stabbed him in the neck in the driveway.

The stabbing victim then shot the suspect twice and called 911, police said.

After being identified as the aggressor, police said the suspect was arrested and is facing charges of criminal attempt to commit first-degree murder and first-degree assault.

Police identified the suspect as 22-year-old Wyatt Pearson. As of Wednesday morning, police said Pearson was hospitalized and would be booked into jail after his release.


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MI: Hazel Park Domestic Defense Gunfight, Son and Mother's Boyfriend Wounded

Thomas allegedly pointed a gun at the victim, and the mother tried to push her son out of the bedroom, police said.

After that, the victim tried to push the gun away, but Thomas allegedly shot him in the shoulder, and then again in the face.

Police say the son then went into another room, grabbed a gun and shot at Thomas, injuring his finger, wrist and chest.

Both of them left the home and separately drove to hospitals, police said.


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CA: Woodland Hills Man Fires Shots During Robbery Attempt

WOODLAND HILLS—On Monday, March 24 at approximately 12:30 a.m. in the 16000 block of Gledhill Street, a 46-year-old man fired shots when he discovered three people attempting to steal his tires and rims from his vehicle in his driveway. Initial reports alleged a 17-year-old boy was one of the suspects and struck by gunfire. The victim’s exact age has not been confirmed.

Los Angeles Police Department (LAPD) David Cuellar indicated that the person shot was transported to an area hospital where he was listed in stable condition and vital signs were good.

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Friday, March 28, 2025

OK: Tulsa Man Shoots man who Attacked him

Berry says he's seen Swets around the neighborhood and that he was homeless with mental health problems, but Berry always tried to show him kindness.

"I bought him dinner a couple of days ago," said Berry.

Berry was not only scared, but also shocked when Swets hit Berry in the face. He says it broke the bat in two.

"He was going to hit me again," he said. "I couldn't believe I didn't pass out because he hit me real hard."

Berry says he grabbed his gun and shot him once, then tried to help him.

"He was walking away slowly, wasn't saying nothing, wasn't responding, and he fell over in the next driveway, and I brought him that blanket and ice pack," said Berry.


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SC: Hardeeville Carjacker Shot, Killed by Armed Victim

As they responded to that call, police heard several gunshots nearby. Woodward said the unnamed suspect fired several shots near the Econo Lodge Inn & Suites, but police weren’t sure if he had a specific target in mind. The man allegedly attempted another carjacking outside the Friendship Inn & Studios, located at 20750 Whyte Hardee Boulevard. He pointed his firearm at the driver of the car and fired at least once, Woodward said, and the driver fired a number of shots in return. The suspected carjacker was struck by at least three bullets, Woodward said. He was pronounced dead at the scene after Hardeeville officers attempted life-saving measures.

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MS: Gunfight at Marshall County Truck Stop 1 Dead, 1 Wounded

MCSO said that 40-year-old Montrell Ellis and 44-year-old Prince Bentley got into an argument outside of the store's entrance. During that argument, Ellis shot Bentley multiple times, the sheriff's office said. MCSO said that Bentley was able to return fire and hit Ellis.

Bentley died as a result of the injuries he suffered during the shootout, the sheriff's office said. Paramedics rushed Ellis to the hospital in critical condition. 

Two other people were arrested and charged with tampering with evidence. MCSO told FOX13 that those two people moved the gun used in the deadly shooting and that they moved some electrical equipment that was important to the crime scene.


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GA: Gunfight in Valdosta, two shot

Officers met with the 22-year-old man in the emergency room, who had multiple gunshot wounds to his torso, according to the post.

SGMC Health EMS took King to the hospital for the injury to his knee.

VPD detectives and crime scene personnel responded to investigate the incident. Through the investigation and evidence collected at the scene, detectives determined that King and the 22-year-old were known to each other and had been in an altercation at Circle K.

After being shot, the 22-year-old retrieved a gun and shot back at King, striking him.

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AL: Spanish Fort Teen who Broke into Residence was Shot

“It’s a tragedy- a husband and a wife, three kids who were asleep in their house. Your house is your castle. The wife awakens to shattering glass- what a scary situation it is so the husband protecting his home- doing what he did. You have a 17-year-old juvenile-- he has his family and a life ahead of him,” said Chief Barber.

Chief Barber says the teen appeared to have forced his way inside through the front window. The chief says earlier that night, the teenager was at his friend’s house on the same street. It’s still unclear why entered the other house, but the Chief says he seemed under the influence.

“Based on the initial investigation, we believe he was under the influence of some substance- we’re not sure exactly what all that could be,” said Chief Barber.


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NM: Clovis Resident Shoots person attempting to Enter Residence.

On arrival, Officers located an 18-year-old male suffering from a gunshot wound to the abdomen that appeared to be from a shotgun. Clovis Fire Department EMS responded and took over care of the gunshot victim. The victim, identified as Triston Lucero, was transported to Plains Regional Medical Center, and later transferred to a Texas hospital for treatment of his injuries.

 

Officers contacted two occupants of the residence, who reported the gunshot victim tried entering the residence and the occupant shot him with a shotgun. A shotgun was recovered from inside the residence, and the occupants were taken to the Clovis Police Department for further questioning.


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Wednesday, March 26, 2025

IN: Evansville Marijuana sale ends with Gunfight

EVANSVILLE — A 16-year-old Evansville boy has been preliminarily charged with attempted murder after a shooting during an alleged, botched marijuana deal Saturday night, police say.

Three people were injured in the shooting. One of the victims, who hasn't been publicly identified, "is not expected to make a recovery," Evansville police wrote in a probable cause affidavit. That means the boy could eventually be charged with murder.


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WA: Gunfight in Othello Store results in Injury

Early reports indicate that Omar Negrete-Galvan, a 20-year-old resident of Othello, entered the store and was involved in a confrontation with the store clerk, Johnathan Enriquez, also from Othello. The exact cause of the altercation is still under investigation, but it escalated to both parties displaying firearms.

During the conflict, Negrete-Galvan sustained a non-life-threatening injury to his leg. He was later transferred to a specialized hospital for treatment of his injuries. In light of the preliminary investigation, law enforcement officials have established probable cause to suspect Negrete-Galvan of Attempted Assault in the First Degree and possession of a weapon capable of causing bodily harm.

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NM: Albuquerque Apartment Shoots Teen Attempting to Break In

The deadly shooting of a 14-year-old boy Friday night by a resident of an apartment complex is being investigated as a justifiable homicide, an Albuquerque Police Department news release said.

The shooting at the Sandia Vista Apartments at 901 Tramway Blvd. NE happened around 10:15 p.m., when a group of teens were involved in a fight and chased others to an upstairs apartment. Someone then threw a rock through an apartment window, and a resident picked up a gun and shot one of the teens, the release said.


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TN: Memphis Car Theft becomes Gunfight

It all started when a man went to his girlfriend’s house. He says his car was running while he was standing outside. That is when an unknown suspect is accused of getting into his car and driving away.

According to reports, when the man began to chase his vehicle, the suspect fired shots at him. The victim allegedly returned gunfire, striking the suspect several times. A home on Delmar Avenue was also hit by gunfire, but the victims inside were not injured.

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Tuesday, March 25, 2025

MN Bill HF 2449 - Ban on Sale or Transfer of Most Semi-Automatic Rifles

 In 2024 a bill was introduced into the Minnesota legislature which would ban many semi-automatic rifles. The bill was similar to the President Clinton era "assault rifle" ban. A related bill, HF3628,  did not pass out of the legislature in the last legislative session. In 2025 a new bill, Senate File SF1596/House File HF2449, takes a somewhat similar approach.  The bill adds some new twists and turns.  The new bill was introduced on February 20, 2025, and posted on February 25, 2025.

SF1596/HF2449 takes a different approach than HF3628 did. HF3628 banned the possession of a large number of rifles, pistols and some shotguns. SF1596/HF2449 does not ban possession of the effected firearms, at least not right away. Instead the bill bans the sale or transfer of the firearms. They are not allowed to be transferred as part of an estate, or even to be transferred out of state.  The idea is to prevent any new sale of the banned firearms, and to gradually remove them from legitimate ownership in the state of Minnesota.

The major exception is that agents of the state may transfer such firearms to other agents of the state defined as: government officers, agents, employees; member of the armed forces of the United States, or peace officer for official use by the recipient. No private citizens need apply.

The bill anticipates funds will be allocated for "buyback" programs. Such programs are mandated to accept the listed firearms at rates determined by the Commissioner of Public Safety. People participating in the "buyback" programs are immune from prosecution under the law.

Looking at the list of firearms which would be banned from transfer under this bill, there are a few surprises. Here are some categories of firearms which are not allowed to be transferred if the bill would pass:

Semi-automatic pistols with fixed magazines having a capacity of over ten rounds.  The first one to come to mind is the new Keltec PR-57, specifically designed as a self-defense carry pistol.

In the same line, the bill lists any semi-automatic, centerfire, or rimfire rifle with a fixed magazine which can hold more than ten rounds. This appears to include nearly all semi-automatic rimfire rifles with tubular magazines. The previous bill exempted .22 rifles with tubular magazines. The exemption was not found in SF1596/HF2449.

Any semi-automatic pistol which accepts a detachable magazine and has any one of four features is to be banned from being transferred. The feature which stands out to this correspondent is a "shroud which completely or partially encircles the barrel. This bans transfer of the Keltec CP33 and a number of Ruger MK variants which have shrouded barrels.

As written, the bill bans transfer of dozens of currently legal firearm models, except to transfer them to gun "buyback" programs where the state would take possession.

At the moment, the bill has little support, according to gunowners.mn. This does not mean support will not grow at some point in the future.

This type of bill strikes at the very heart of the Second Amendment. It seeks to remove from public ownership most firearms which are least used in crimes, especially those which would be more effective as militia weapons. It is important for the Supreme Court of the United States to strike down state bans of semi-automatic rifles.  Such a ruling would make passage of bills such as SF1596/HF2449 highly problematic.


©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TN: Memphis attempted Robbery; Suspect is Shot


The MPD responded to a shooting in the area of 31 South McLean Boulevard at around 5:45 a.m. A man on the scene told police that someone tried to rob him when he got home.

Police say the man pulled out a gun and he and the suspect began to physically fight. The man then shot the suspect, who was taken to Regional One in critical condition.

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Sunday, March 23, 2025

TX: Houston man Charged after Chasing, Shootning Car Burglary Suspect

SPRING, Texas (KTRK) -- A Spring man was arrested after someone else broke into his car. Harris County Constable Precinct 4 said it was because he chased the suspected thief down and then shot him.

The arrest was posted to the Pct. 4's Facebook page and people are divided. They say this was either someone rightfully protecting his property or someone who took it too far.

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Friday, March 21, 2025

TN: Memphis Man Shoots Robbery Suspect

The MPD responded to a shooting in the area of 31 South McLean Boulevard at around 5:45 a.m. A man on the scene told police that someone tried to rob him when he got home.

 Police say the man pulled out a gun and he and the suspect began to physically fight. The man then shot the suspect, who was taken to Regional One in critical condition.

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Thursday, March 20, 2025

MA: Cross Border Carry "May Issue" licensing law Unconstitutional, new Shall Issue law, Constitutional


 

The Massachusetts Supreme Judicial Court had taken two cases where non-residents had been arrested and prosecuted for possessing firearms and ammunition in Massachusetts. Both cases involved residents of New Hampshire, where the defendants could legally carry firearms without permits. The cases were combined for the Massachusetts Supreme Court. The decisions were rendered on March 11, 2025. The decisions were opposite for the two cases.

In the decision for the earlier case, Commonwealth v. Donnell, the Court found the Massachusetts firearm licensing scheme at the time of Donnell's arrest, to be unconstitutional, because the law was a "may issue" law which allowed discretion on the part of the issuing official.From findlaw.com:

Our holding today does not, as the Commonwealth suggests, preclude it from requiring firearm licenses for persons within its borders. See Marquis, 495 Mass. at ––––, ––– N.E.3d ––––. To be consistent with the Second Amendment, the Commonwealth's nonresident firearm licensing scheme cannot vest an official with the discretion to deny a license to a qualified applicant. The defendant was charged under a firearm licensing scheme that did just that. This manner of firearm restriction is no longer permissible. Bruen, supra. Accordingly, the allowance of the defendant's motion to dismiss is affirmed.

In the second case, Commonwealth v. Philip J. Marquis, the court upheld the law as constitutional. They found Marquis did not have standing because he had not applied for a nonresident permit under the new Massachusetts law. From findlaw.com, Commonwealth v. Philip J. Marquis:

This is one of two cases we decide today in which we determine the constitutionality of the Commonwealth's nonresident firearm licensing scheme.1 See Commonwealth v. Donnell, 495 Mass. (2025). While we consider a prior version of the nonresident firearm licensing scheme in Donnell, here we consider the current version of that scheme. See St. 2022, c. 175, §§ 17B-22 (effective Aug. 10, 2022). Specifically, we address whether the current nonresident firearm licensing scheme violates the right to keep and bear arms under the Second Amendment to the United States Constitution or the rights to travel and to equal protection under the Fourteenth Amendment to the United States Constitution. We hold that it does not.

Analysis: The Massachusetts court refused to consider the thrust of the argument against requiring non-residents to obtain a separate permit from the Commonwealth of Massachusetts in order to exercise rights protected by the Second Amendment. They did this by claiming the defendant had no standing because he had not applied for a non-resident permit.  The argument ignores the fact it is much more difficult for a non-resident to obtain a non-resident permit than it is for a resident to obtain a resident permit.  From the opinion:

Because that scheme does not penalize nonresidents' right to travel, and because differences in how that scheme operates for residents versus nonresidents are rationally related to legitimate State interests, the Commonwealth's nonresident firearm licensing scheme is also facially consistent with the Fourteenth Amendment rights to travel and to equal protection.

The Court dismisses those crucial arguments by citing precedents from more than a decade before the Supreme Court case in Bruen. The court goes on to make extensive arguments, which it says are not necessary. In the opinion of this correspondent, the arguments are weak. The Commonwealth treats non-residents substantially differently than it does residents when it comes to non-resident permits. The Court glosses over these differences as not relevant.

A non-resident permit is only valid for a year, while a resident permit is valid for 4-5 years.  The non-refundable fee is $100 for both. A Massachusetts official can take up to 90 days to issue a non-resident permit, while they are only allowed 40 days to issue or deny a resident permit. Residents are allowed a sixty day grace period to renew their permit; non-residents have no grace period. The concept that a citizen would have to apply for a permit up to 90 days before they can exercise a fundamental, Constitutional right after a decision to cross a state line, is absurd. Those decisions are often made momentarily, on the spot. For the First Amendment, any delay of exercise of the right has been found to cause irreparable harm. The same standard should apply to the Second Amendment, which is not a Second Class right.

The Massachusetts court then reaches into fish and game law to claim there is no requirement for state permits to treat residents and non-residents alike. It claims the state permit system need only meet rational basis. Both claims are highly problematic.

Hunting and fishing are not rights enumerated in the Bill of Rights of the United States Constitution.  The Court is playing games when it says the Massachusetts non-resident permit scheme does not violate the Second Amendment, and then claims the permit scheme can treat non-residents and residents differently, because the Court said it does not violate the Second Amendment. This is circular reasoning.

Massachusetts is one of the jurisdictions in the United States most hostile to the Second Amendment. The judges on the Commonwealth's high court are clever wordsmiths. This does not mean they are correct.

It is unclear if the Marquis case will be appealed to the Supreme Court of the United States.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TN: Oliver Springs Investigate Fatal Shooting, Likely Self Defense

Officers responded to the scene where the victim, a 34-year-old male, was discovered with multiple gunshot wounds. The victim was later pronounced deceased at the University of Tennessee Medical Center.
At this time, it appears the person who shot the victim, acted in self-defense. However, we are awaiting the results of the autopsy to make final determinations.
Further details will be provided as the investigation progresses.


More Here

Wednesday, March 19, 2025

Silencers: Fifth Circuit Gives Trump Opportunity to act on Silencers/Gun Mufflers



Interesting things are happening in the Fifth Circuit case involving silencers, USA v Peterson. A three judge panel ruled that silencers were not "arms" as defined by the text of the Second Amendment. Peterson and his attorneys have asked the case be reheard in an en banc review. The Fifth Circuit has been reasonably diligent in its Second Amendment cases, so an en banc (review by the whole court) has a good chance of reversing the three judge panel. The Peterson case appears to be seriously considered by the Fifth Circuit. The court has sent a request to the parties involved to send a response on to the Appellant's Petition. The request for response was sent on March 7, 2025.

The Trump Administration issued a executive order to the Department of Justice (DOJ) headed by Attorney General Pam Bondi to present a plan to review all legal actions and regulations affecting rights protected by the Second Amendment. The plan is due by March 10th. The Fifth Circuit request is a golden opportunity for the DOJ to present a clear and effective response in the USA v. Peterson case. In the case, the US Attorney made the claim that silencers were not arms covered by the text of the Second Amendment. This is what was used by the three judge panel to claim silencers are not protected arms. The Trump administration could easily reverse the claim and state silencer are clearly arms protected by the Second Amendment. The US Attorney's office for the Eastern District of Louisiana has until the 17 of March to send its response to the Fifth Circuit.

The Assistant US Attorney assigned to this case is David Berman. His history is makes him an unlikely Second Amendment advocate. He spent time in venues hostile to the Second Amendment before coming to Louisiana. He was a Law clerk for the US District court in Massachusetts, then a year and a month in Louisiana, then in the District of Columbia for a year and seven months; then in the Greater New York City Area for  two years and eleven months; then in the Southern District of California for one year and eight months, then back to Louisiana as an Assistant United States Attorney for the Eastern District of Louisiana. His law degree is from the University of Oxford, in Oxfordshire, England. He appears to be an up and coming, talented and ambitious attorney. As a skilled attorney, he should be able to argue either side of a case.

The Department of Justice  oversees the Executive Office for United States Attorneys. The Attorney General could issue instructions on the official position of the Executive branch to the Eastern District of Louisiana. An executive order has been issued by President Trump. This is a clear situation to show execution of his order.  Silencers are the weakest part of the National Firearms Act. They should never have been banned with excessive taxes and regulations. They should be protected under the text of the Second Amendment. The Bruen and Caetano decisions make this clear.

We should know what the position of the administration is on this issue by the 17th of March, but it is possible the US Attorney could ask for time to study the issue further.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Houston Intruder Shot, Killed by Returning Homeowner

The fatal shooting of a male at 1601 Bonnie Brae Drive about 4:05 p.m. on Monday (March 17) will be referred to a Harris County grand jury.  

The identity of the deceased male is pending verification by the Harris County Institute of Forensic Sciences.

The adult male shooter was not injured.

HPD Homicide Division Sergeant C. Lamont and Detectives M. Providence and J. Robles reported:

HPD patrol officers responded to a shooting at a residence at the above address and found an unresponsive male lying on the driveway.  Houston Fire Department paramedics pronounced the male deceased.

A preliminary investigation determined the male was burglarizing the residence while the home was unoccupied.  When the homeowners returned and saw the male suspect on the property, one of them produced a firearm and shot the suspect.

The Harris County District Attorney’s Office was contacted and it was determined the case would be reviewed by a grand jury.

 

Link Here


MO: St. Louis Domestic Defense Gunfight, Man Wounded

According to police, a 28-year-old woman told officers she was assaulted by a 33-year-old man she knew in the 500 block of Eiler around 4 a.m. The man fired a shot at the woman, who fired shots back. The man then ran off.

More Here

Tuesday, March 18, 2025

Texas Judge David Fleisher Finds no Probable Cause for 17-Year-Old Carrying Glock 19



On February 5, 2025, an officer responded to a "suspicious person with a weapon" call near a Jack in the Box located on the 5900 block of Gulf Freeway. The video does not say what department the officer was with. The address is in downtown Houston, so the officer is probably from the Houston Police Department. The officer noticed a young man and started questioning him. The young man stated he had been inside the Jack-in-the-Box watching his brothers sell "waters" outside. A man, with a knife in hand, had rushed at his brothers. The young man said he had pulled out a pistol, then moved between his brothers and the man, and told his brothers to run.

The officer searched the young man and found a loaded Glock 19. The young man said he had purchased the pistol from a friend for $150. The young man told the officer he was 17 years old. The officer arrested the 17-year-old for criminal possession of a handgun.

This is the information brought to the court in the initial hearing before Judge David Fleisher, an elected Harris County Criminal Court Judge. Houston, Texas occupies much of Harris County.  Judge Fleisher has gained a reputation across the nation for including a hearing on probable cause with the initial court appearance.

The response from Judge Fleisher is interesting. He says: "He [the young man] is going to the defense of others".

At this point, a lawyer in the back of the courtroom stands up and rushes to the defense of the young man. Judge Fleisher and the lawyer tend to talk over each other, but the lawyer lays out several documents. The documents are a memo from the Texas Department of Public Safety (DPS), saying possession under the age of 21 is not a crime, the United States Court of Appeals for the Fifth Circuit ruling the limitation of carry to people under 21 is unconstitutional,  the United States District Court, Northern District holding the prohibition on carrying under the age of 21 is unconstitutional, and a motion to quash the indictment.  Judge Fleisher laughs at the level of preparation, and rules there was no probable cause to search. Judge Fleisher says he was going to rule no probable cause existed, in any case.

The lawyer may have been stretching the law. The DPS memo limits the exemption from the law to 18-20 year old people. The youth in this case was 17 years old.

This case shows the sea change in the respect for the Second Amendment in the seventeen years since the Heller decision and particularly the 32 months since the Bruen decision. Heller clarified the Second Amendment as a fundamental, individual right to keep and bear arms. Bruen reinforced the Heller decision and clarified the right to bear arms a right to carry arms routinely in case of confrontation, including outside the home.

When this correspondent received initial law enforcement training in the 1970's, an instructor said: don't worry about searching someone for weapons.  The instructor claimed they had never had a case, where they found a weapon, where the judge had dismissed the case for lack of probable cause.

Times have changed for the better. If the young man had been 18, carrying a Glock would not have been a crime, as the founders intended when they wrote the Second Amendment.

Given the circumstances, the Glock will not be returned. This correspondent's first impression, given the price of $150 cited, was the Glock was probably stolen. Many people do not bother to report stolen guns. If the Glock had been on the official list of stolen firearms, the young man might have been charged with possession of stolen property.

Judge Fleisher has heard another case involving a 17-year-old and an illegal possession charge. Because there was evidence of the pistol being fired, the other 17-year-old was treated much differently. In that case, the officer did not make an illegal search. The pistol was seen in plain sight inside a car.



Link to second case on youtube

Those who wish for the population to be disarmed claim more guns = more crime. There is no conclusive evidence of this. Most of the evidence indicates more guns = no difference, or a drop in violent crime, with a slight increase in property crime.

For those interested, here is a link where Judge David Fleisher explains his mission on an ABC news interview.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Monday, March 17, 2025

NICS February 2025 Firearm Sales and NICS Checks Down


 The National Instant background Check System (NICS) for February 2025 shows a drop in both Firearm sales and in overall background checks. Firearm sales are down about nine percent from 2024. NICS background checks are down about five percent from February of 2024.  Handgun and "multiple" sales moved up a bit from January to  February while long gun and "other"  sales dropped a bit. In the graphic below, the lines are for 2024. The bars are for 2025.


President Trump has been in his second term in office for over a month.  The rapid pace of corrections produced by the Trump administration signals a strong turn away from the destructive and radical policies of the Biden administration. During the first Trump term, firearms sales dropped a bit, largely because prospective gun buyers believed President Trump was not nearly as hostile to the Second Amendment as a President Hillary Clinton would have been. In President Trump's Second term the contrast is even greater.

This month is another month where over 1 million firearms were sold, according to the NSSF adjusted figures based on the FBI NICS numbers. According to the NSSF numbers, February 2025 is the 67th consecutive month where over 1 million firearms were sold.  Sales of firearms generally slump a bit in January, after the Christmas sales in December. While February is three days shorter than January or December (except for leap years), February sales track higher than January, on average. February NICS checks have been higher than those in January in 20 of the 26 years recorded in NICS.

Significant change tends to disrupt existing systems and markets. It takes time for them to readjust. The significant reforms desired by President Trump and called for during his campaign will create some disruption and pain as they are implemented. It is best to implement the changes at the start of an administration, so the pain will be felt earlier and the beneficial effects can start to be observed before the next election. President Trump and his cabinet are working to move members of the workforce from unproductive jobs in the Federal government to productive jobs in the private sector.

During the last 16 years, about 210 million firearms have been added to the stock of private firearms in the United States. Firearms are very durable goods. With modest care they can last for hundreds of years. Improvements in ammunition and firearms metallurgy have added to the potential useful life of firearms. Smokeless powder makes the maintenance of firearm bores easier, as has the transition from corrosive primers to non-corrosive primers. Those improvement occurred at about 1900 and 1950, as rough markers. Since the 1960's stainless steel has taken an increasing portion of the firearms market. Surface treatments which are tougher and more protective than blueing or controlled rusting, such as cerakoting, more durable plating technologies, parkerizing and black nitride are likely to increase longevity. Composite stocks tend to be stronger than wood stocks, per pound. It is not as clear composite stocks will last longer, but it seems plausible.

Longer lives for firearms would be expected to dampen demand. To counter that trend, firearms are cheaper, on a constant dollar basis than every before.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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FL: Jacksonville Gunfight, Man Shoots Suspect who Followed him Home

Jacksonville, Fla. — An early-morning shooting on Jacksonville’s Westside sent a man to the hospital.

The Jacksonville Sheriff’s Office was called to a home on Dylan Michael Drive around 4 a.m. Sunday.

Investigators said the victim was followed home from a nightclub. When he got home, the suspect showed a gun. The victim, who was also armed, fired several shots, hitting the suspect in the arm.

More Here


Sunday, March 16, 2025

Iowa Bill to Restore Second Amendment Rights to Young Adults


The Iowa Legislature has advanced House Study Bill 262 out of committee, by a vote of 17 -4. The bill repeals legislative bans on the possession, acquisition, or carrying of handguns or handgun ammunition by adults aged 18-20. Several appellate court decisions have made clear young adults, 18-20 years old, are members of the people who have a right to keep and bear arms protected by the Second Amendment. 

Iowa falls under the jurisdiction of the United States Court of Appeals for the Eighth Circuit. On July 16, 2024, a three judge panel of the Eighth circuit unanimously confirmed the rights protected by the Second Amendment apply to young adults 18-20 years old.  The case is Kristin Worth v. Bob Jacobson, challenging the Minnesota law banning the carry of firearms by all people under the age of 21.  On August 21, 2024, a petition to rehear the case by an enbanc panel of the Eighth Circuit was denied.  A petition appealing the case to the Supreme Court of the United States was filed on January 23, 2025. 

The Minnesota law remains in effect until the end of the appeals process.

The Iowa legislature can read the arguments presented in Worth v Jacobsen.  The are proposing changes which will bring them into conformity with the United States Court of Appeals for the Eighth Circuit. From HSB 262:

Current law generally prohibits a person under the age of 21 from acquiring a permit to carry weapons, acquiring pistols and revolvers, and carrying dangerous weapons. This bill lowers the minimum age to 18 and makes conforming changes, including to scope of liability provisions.

Two decades ago, Iowa was a state where infringements on rights protected by the Second Amendment were routinely accepted. As the ability to communicate and organize became easier and less expensive, gun owners in Iowa communicated more and organized. Iowa became  a leader in restoring rights protected by the  Second Amendment. On November 8, 2022, Iowa reformed their constitution to explicitly and strictly protect the right to keep and bear arms by a 2-1 margin.

Analysis: 

Those who want to have the people disarmed are losing more court cases than they are winning. The inferior courts seem to be taking the Bruen decision more seriously than they did the Heller decision. Now that President Trump has won his second term, expect more judges who take the Constitution seriously to be appointed to the bench. 

As experience with 18-year-old people carrying guns, Constitutional Carry, guns in schools and guns in churches all continue into decades without ill effect, judges will become more and more skeptical of the false narrative "guns are bad".  Law schools will be teaching the Second Amendment as a fundamental right, instead of an embarrassing mistake. The nation has already restored more rights protected by the Second Amendment than this correspondent thought possible, 50 years ago. 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX:Houston - Burglary Suspect Shot by Shop Owners

Houston police said the mechanic shop off W. 18th Street and Ella Boulevard was broken into a few days ago. The suspect wasn't caught, and the owners had allegedly been keeping an eye out.

Around 2 a.m. Friday, police said the business owners spotted someone on their surveillance cameras and rushed to the business to confront him.

Some sort of a fight broke out, and that's when the owners shot the man, HPD said.

 

More Here


Saturday, March 15, 2025

Governor DeSantis Supports Second Amendment Restoration in Florida (perhaps you can insert the video from the Florida channel or the clip shown on X)


 
 
 
 

Link to youtube video of State of the State address, 2025

On March 4, 2025, Governor Ron DeSantis gave his State of the State address to the Florida legislature. In the address Governor DeSantis vocalized his support for restoring Second Amendment rights. Second Amendment statements start about minute 24 into the speech:

The free state of Florida has not exactly led the way on protecting Second Amendment rights.   We have some of the more "weak" laws on the country compared to our other states who consider themselves conservative. I would ask you to protect peoples Second Amendment Rights. Look back in instances where legislation may have been passed in recent years, such as shifting the burden on red flag laws, such as taking away the rights of young adults to be able to purchase firearms, such as limiting somebody's ability to both keep and bear arms.

Governor DeSantis asked the legislature to protect peoples Second Amendment Rights. He particularly mentioned Red Flag laws, pointing out those laws do not provide proper due process. He stated Florida should not ban young adults from being able to purchase long guns.

In this video on the Florida channel, Governor DeSantis was speaking with reporters, directly after the State of the State address. Governor DeSantis discusses open carry, starting at 8:25. An abbreviated clip can be seen on X.

In the press session, after the speech, Governor DeSantis expounds on Second Amendment issues. Governor DeSantis makes arguments often made by Second Amendment supporters. He stresses the Second Amendment protects open carry. He believes most gun owners will not open carry very often, but they want to have the right to open carry to be recognized and protected.

 "We see other states that have laws that respect that - I'm for it, I've always been for it. If you talk to most gun owners - very few will actually open carry. They just want to know they can, it's a constitutional right. I'm for open carry."

 "Reevaluate recent legislation [things] like red flag law[s] [...] You can go in and say, 'this person's a danger, they should have their firearms taken away...' then the burden shifts, where you have to prove to a court you are not a menace or a threat. That's not the way due process works... I think it's a huge due process violation."

If Florida restores open carry to the state, beyond the very limited legal open carry now allowed, only three states will effectively ban open carry. They will be California, Illinois, and New York. Governor DeSantis notes most states have open carry and problems with it are, essentially, non-existent.

Analysis: The movement to restore limited, Constitutional government has long been intertwined with the restoration of Second Amendment rights. This correspondent recalls a conversation on an Internet discussion and news aggregation site, about 15 years ago. One of the participants wrote, essentially:

I have often wondered if the Second Amendment would be the key to restoring the Constitution, not in a bloody revolution, but because the violation of Second Amendment rights is so blatant it cannot be denied.

The comment has proved to be prescient. Second Amendment supporters have been a key faction of the coalition to restore Constitutional government. The struggle to preserve the Republic will never be over. There is a long, long way to go.  In the roughly 60 years this correspondent has been aware and involved, public awareness of the issue has never been more informed.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Link to video on Youtube of State of the State by Governor Ron DeSantis.


AK: Delta Junction Assault, Self Defense Shooting

On 3-13-25, Delta Junction AST received a report of an assault from a residence Delta AST responds to regularly near Artic Grayling. It was reported two males were in an active physical altercation. Delta AST responded and contacted one of the males on the road who advised he had gotten shot. He was transported to FMH. Based off of the parties involved statements, it appeared one male shot the other in self defense.

 

More Here

Friday, March 14, 2025

The WACO Raid by the ATF: Timeline, Misinformation, and Coverup



From FBI image, public domain


he Bureau of Alcohol, Tobacco, Firearms, and Explosives has posted a "history" of the botched service of a search warrant on the residence and buildings of the Branch Davidian religious sect, on unincorporated property near Waco, Texas on February 28, 1993.

This correspondent closely followed news of the botched raid and siege as current events. The research on this assignment refreshed emotions from three decades ago, when the nation reeled under a situation which exposed the Clinton administration's use of naked force and its disdain for the Constitution and the rule of law. The events of the raid, its planning, botched execution, and the horrific handling of the aftermath by the FBI, have come to be known, as "Waco".

Many books have been written about the events which resulted in over 84 deaths, most caused by a combination of governmental agency arrogance, incompetence, and lies, with heaping helpings of coverup in the aftermath.

The botched FBI response lead directly to an FBI armored assault on the Branch Davidian buildings after a 51 day siege.  The assault resulted in the destruction by fire of the buildings and the death of 76 Branch Davidians, including 25 children.  There is ample evidence the FBI deliberately used tear gas grenades which were notorious for their incendiary effects, and which had been banned from use because of the danger. The public was shown footage of armored vehicles battering the buildings as they blocked escape routes, while FBI loudspeakers bizarrely broadcast "THIS IS NOT an ASSAULT."

"History" was placed in quotes because the timeline of events is hotly disputed. The ATF, FBI, and the Clinton administration Department of Justice were far from transparent about the events which occurred at the ATF warrant service/raid. To further complicate the situation, the FBI took over the standoff from the ATF. The FBI Hostage Rescue Team (HRT) actively interfered with and sabotaged the FBI hostage negotiators, or, possibly, the FBI management was so incompetent they had different factions who failed to coordinate and work with each other.  The FBI and ATF actively refused to cooperate with investigators. Enormous amounts of evidence was destroyed during the siege, the assault and after the fire.

The ATF "history" timeline includes unproven assertions and leaves out uncomfortable facts, while including unrelated events to demonize the Branch Davidian sect.  Some examples:

The ATF warrant application is full of mistakes in law and in facts.

The Davidians had co-operated with local authorities.

The ATF "history" includes complaints of child abuse, but the ATF had no authority to investigate or prosecute child abuse. Child abuse is a state matter.

The ATF was widely regarded as a "rogue agency". The motive for the Waco raid is highly suspect. The ATF's reputation had suffered significantly during the Ruby Ridge episode. Congressional budget hearing were to commence shortly. The code selected for the beginning of the raid was "Showtime".  From davekopel.org:

A BATF memo written two days before the February 28, 1993 raid explained "this operation will generate considerable media attention, both locally [Texas] and nationally." [14] The BATF public relations director, Sharon Wheeler, called reporters to ask them for their weekend phone numbers. The reporters contend, and Wheeler denies, that she asked them if they would be interested in covering a weapons raid on a "cult." Wheeler, on the other hand, states that she merely told them, "We have something going down." [15] After the raid, the BATF at first denied there had been any media contacts. [16] Journalist Ronald Kessler reports that the BATF told eleven media outlets that the raid was coming. [17] The Department of the Treasury has refused to release the pre-raid memos which deal with publicity, asserting that they are exempt from the Freedom of Information Act. [18]

The ATF asserts the Davidians fired on them first. This has been hotly contested by the surviving Davidians. Considerable evidence supports the Davidian version of events. At the ATF timeline, it is said the shooting started with Davidians firing at the helicopters used during the raid. (9:47). At the ATF "remembering Waco" page, it is asserted that David Koresh was waiting outside the double doors. The first shots were supposedly fired by Davidians, through the doors, at the ATF agents.  This may seem a small contradiction by the ATF.  Questions of who fired first and where, become critical in law.

ATF agents, after the disaster of the botched raid, were interviewed by Texas Rangers. Only a fraction of those interviews have been released to the public.

The double human and public affairs disasters of Ruby Ridge and Waco crystallized a building movement to restore Constitutional restraints on governmental agencies. The two obvious bungled disasters led to a significant drop in trust for the FBI and the ATF. The ability to easily transmit information was rapidly building. Ruby Ridge and Waco might have remained narratives controlled by the deep state and Media complex if email, Internet discussion groups, and talk radio did not exist.

This correspondent's limited second hand information comes from a friend who talked to one of the high level FBI agents involved in the siege. When questioned about the siege tactics, the agent said all of the Davidians deserved to die because they "defied the government".

As seems common in federal political prosecutions, numerous charges were brought against Davidian survivors on relatively flimsy evidence. This has been confirmed in the lawfare used against President Trump.

At the trial of the Davidian survivors, nine members of the jury wanted to dismiss all charges. Three members of the jury want to convict all eleven defendants of conspiracy. They settled on a compromise they believed would result in minimum sentences, including time served. The jurors were not lawyers. The judge used their decision, including some dubious interpretations of law, to impose very harsh sentences on the eight defendants who had been found guilty of what the jurors believed were minor charges. (The Ashes of Waco, P.297). In 2000, the Supreme Court found Judge Smith had acted in error. The sentences of five Davidians on firearms charges were reduced by Judge Smith from 30 years to five years. The sentence of Graeme Craddock was reduced from 20 years to 15 years. Craddock was deported to Australia after 13 years in a Texas prison.

The founding of the United States is based on legitimate defense against a government. Many states have provisions which allow citizens to use deadly force against police who they believe are illegitimately placing them in deadly peril.

There is no such direct provision in federal law, although it is implied.

The premises in the initial warrants for Waco were suspect from the beginning. The lack of any credible investigation into claims of justifiable defense by the Davidians was obvious to anyone watching the proceedings. The nightmarish behavior of the FBI, including deliberate destruction of evidence, called the legitimacy of the agency into question.  The Clinton administration was well on its way to becoming a one-term presidency. The Republicans won control of the House and the Senate in 1994, the first time in 40 years.

In 1995, the Oklahoma City bombing was seized by the Clinton administration and the old media as a way to discredit complaints about Waco and Ruby Ridge. The investigation of the Oklahoma City bombing has its own set of difficulties, muddled evidence, and weird circumstances. President Clinton, with massive amounts of aid from the deep state and media, won another term as President. o

In the trial of the surviving Davidians, Judge Smith essentially ruled, if federal agents are shooting at you, your only option is to lay down your arms and surrender.

Today, over thirty years later, with the second election of Donald Trump, the credibility of the ATF and the FBI lie in shreds.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Reading Knife and Gun Fight, Knife Weilder Shot, Arrested

"When we arrived there, we did in fact locate a stabbing victim with one stab wound. Throughout the investigation, he indicated that he had shot the person that attacked him," said Reading Police Patrol Captain Aaron Demko.

Demko says officers found the other person involved at Reading Hospital. He's been identified as 32-year-old Jerry Santos. Police say he had a gunshot wound to his legs.

"The suspect (Santos) in this has been charged currently," said Demko. "No other charges were filed at this time, just against the suspect that stabbed the victim."


More Here

NM:Albuquerque Private Security Guard Shoots Suspect, Stops Rampage

We have learned that a violent carjacking near Montgomery Park turned deadly when a suspect crashed his Subaru inside Montgomery Park then he ran through the park and attempted to steal a brightly colored car which was occupied by a homeless TikToker named TophiaChu, her mother, and her brother. The carjacker fatally shot her brother, and critically wounded her mother who was in the backseat of the car before taking off in the vehicle with the dead victim and shot mother still inside.

While on scene, we observed the famous colorful sedan of TikToker TophiaChu within the crime scene perimeter as APD was investigating the scene.

The suspect sped towards Montgomery Blvd and crashed into a Jeep near Marla NE. The Jeep’s driver, realizing there were injured and deceased people in the stolen car, panicked and began screaming for help. A security guard from a nearby apartment complex witnessed the chaos and heard the pleas for help, intervened, and fatally shot the suspect, bringing the violent ordeal to an end.


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Kansas Senate Sends SB 137 Allows Police to Sell Guns to Gun Dealers


On February 27, 2025, the Kansas Senate voted 39 to 1 to pass a police and firearms sales reform bill. The bill allows police to sell/transfer (trade) forfeited firearms to a federally licensed firearms dealer. From legiscan.com:

Session of 2025 SENATE BILL No. 137

AN ACT concerning the Kansas standard asset seizure and forfeiture act;
relating to the disposition of forfeited property; authorizing the sale or
transfer of forfeited firearms to a licensed federal firearms dealer;

The Kansas legislature appears to be correcting a weird quirk in Kansas law, K.S.A 60-4117 (5)(b) allowed for four ways to dispose of forfeited firearms:

1. Destroy them

2. Used for official purposes in the agency which seized the firearms

3. Traded to another law enforcement agency for use withing the agency

4. Given to the Kansas bureau of investigation for law enforcement, testing, comparison, or destruction by the Kansas bureau of investigation forensic laboratory.

Senate Bill No. 137 adds the option of selling or transferring the forfeited firearms to a properly licensed federal firearms dealer, as shown below, bold added:

b) When firearms are forfeited under this act, the firearms, in the
discretion of the seizing agency, shall be destroyed, used within the seizing agency for official purposes, traded to another law enforcement agency for use within such agency, sold or transferred to a properly licensed federal firearms dealer or given to the Kansas bureau of investigation for law enforcement, testing, comparison or destruction by the Kansas bureau of investigation forensic laboratory.

In 2014, Kansas enacted a law requiring police to auction off guns which had been used in crimes. In the first six years of the law, in Wichita, Kansas, the police department received $196,000, as reported in the Wichita Eagle in 2021:

Since 2015, Wichita’s gun sales, totaling 2,082 weapons, have generated $196,000 for a fund that pays for miscellaneous police equipment. However, the middlemen who transact the sales got more than half of the $425,000 in total sale proceeds, according to an analysis of records that The Wichita Eagle obtained through the Kansas Open Records Act.

It is unknown how exactly how many firearms are seized under forfeiture laws in Kansas. Indications are more firearms are seized through forfeiture than are seized when used in crimes. The number could be significant.

The United States Department of Justice has published numbers which distinguish administrative and civil forfeitures from criminal forfeitures. Over the years FY19 to FY23, there were 157,788 total forfeitures of firearms to the federal government. Only 31% of the total were Judicial-Criminal forfeitures. 69% were for civil forfeitures. There are differences between the way the federal government confiscates/seizes firearms and the way it is done in Kansas. Kansas passed a forfeiture reform bill, SB 458, in April of 2024, about a year ago. The reforms limit police power to seize property through civil forfeiture. The reform could reduce the number of firearms seized under civil forfeiture in Kansas.

Although the number of firearms seized by Kansas police through civil forfeiture may drop, none of those firearms are currently allowed to be sold/transferred back into the normal stream of firearms commerce. The number of firearms sold by police in Kansas could rise substantially, along with the amount of money provided to the police budget.  The police have good reasons to approve of SB 137. The bill increases the amount of money available for police equipment and simplifies the administration of police sales of firearms.


©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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CA: Security Guard Shoots, Kills Suspect who Drove Vehicle through Entrance of Dispensary

According to Det. Samuel Marullo with LAPD's West Bureau Homicide division, the security guard, who was employed by the dispensary, was working inside the business when the suspect deliberately drove his vehicle through the entrance inside the store.

A preliminary investigation revealed the security guard saw the driver, wearing a ski mask, and believed a robbery was about to occur. That's when he shot at the suspect, striking him at least one time before officers arrived and took the suspect into custody. He was taken to the hospital where he died from his injuries.

More Here

Tuesday, March 11, 2025

CA: Beverly Grove Domestic Defense, Brother Kills Brother Attacking Mother

The shooting was reported just before 1:30 p.m. Friday near Alfred Street and Oakwood Avenue, according to the Los Angeles Police Department.

The 61-year-old suspect used a baseball bat to break into his mother's home and then attacked her, police said.

The suspect's brother arrived at the scene and witnessed the attack, police said.

"When he arrived, he saw his mother on the floor. He saw his 61-year-old brother on top of her, choking her," LAPD Detective Samuel Marullo said.

At that point, the suspect's brother fired a warning shot and later fatally shot his sibling with a shotgun.


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NM: Albuquerque Gunfight, 30+ rounds, Self Defense, Victim Wounded, Attacker Killed

Officers with APD’s University Area Command responded to reports of a shooting Friday just before 11 p.m. at 1333 Columbia Dr., S.E.  An adult male was located inside a vehicle with a fatal gunshot wound. He was determined to be deceased at the scene.

A second adult male was located with several gunshot wounds. That man was transported to the hospital and is expected to survive his wounds.

Homicide detectives interviewed several witnesses as they work to determine the circumstances surrounding the shooting. The preliminary investigation suggests a justifiable homicide, but detectives are exploring all evidence.

 

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Wyoming Repeals Gun Free Zones

On February 27, 2025, Wyoming Governor Mark Gordon allowed Wyoming Bill 172, the "Wyoming Repeal Gun Free Zones Act", to become law without his signature. Governor Godon objected to the bill, but said it would become law.

The Wyoming Repeal Gun Free Zones Act does essentially what the name implies. It repeals most of the areas where the legislature has allowed local political entities to infringing on rights protected by the Second Amendment. From a previous AmmoLand article:

Section 1 W.S. 6-8-105 is created to read:6-8-105. Exceptions for state issued concealed carry permits; penalty. 

(a)This section shall be known as and may be cited as the “Wyoming Repeal Gun Free Zones Act.” 

(b) Persons lawfully carrying concealed weapons in Wyoming under
W.S. 6‑8-104(a)(ii) through (iv) may carry a concealed weapon in the
following places: 

(i) Any meeting of a governmental entity;

(ii) Any meeting of the legislature or a committee thereof;

(iii) Any public building not otherwise prohibited under W.S. 6-8-104(t) or regulated under this section.

(c) Persons lawfully carrying concealed weapons in Wyoming with
a permit issued under W.S. 6-8-104(a)(ii) may carry a concealed weapon
in the following places: 

(i) Any public school, public college or university
athletic event taking place on public property that does not sell
alcoholic beverages;

(ii) Any public elementary or secondary school facility;

(iii) Any public college or university facility.

Wyoming’s proposed bill explains how a local board of trustees in a school district may adopt rules for employees to carry concealed weapons in schools. The bill leaves certain restrictions in place. It only applies to concealed carry, not open carry.

Over the last century local governmental units have been allowed to flaunt unconstitutional laws infringing on the exercise of Second Amendment rights.   Local governments are not sovereign entities inside state borders. State governments create them and allow them to have certain powers derived from state law.

With the landmark Second Amendment cases in Heller and McDonald, the Supreme Court of the United States, started the process to bring these unconstitutional infringements to an end. There is no constitutional power granted to state and local governments to infringe on rights protected by the Second Amendment.

Following the clear direction of the US Supreme Court, the Wyoming legislature has restricted the ability of local governmental entities to infringe on rights protected by the Second Amendment of the United States Constitution. The Wyoming legislature is also doing their job to follow the limitations enshrined in the Wyoming State Constitution. From the Wyoming Constitution:

 The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

Wyoming Governor Mark Gordon objected to the bill, claiming it infringed on the powers of local governments.  Governor Gordon is exactly correct about what the bill does. Local governments only have power within legitimate bounds. The US Constitution and the Wyoming Constitution create those bounds. Neither local governments or State governments can legitimately violated the limits on governments protected by the Bill of Rights, specifically, in this case, the Second Amendment.

Bill HB 172 will take effect on July 1, 2025.

Variations of this bill have been in the Wyoming legislature for the past ten years. In 2024, Governor Gordon vetoed a nearly identical bill.

Several states continue to defy the Supreme Court's clear guidance on the Second Amendment, including Hawaii, California, Illinois, New York, New Jersey, Massachusetts, Connecticut, Delaware and Rhode Island. Numerous court cases are in progress as a few courts of appeal join in the defiance.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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