Thursday, June 17, 2021

Short Barrled Rifles were Never Intended to be Part of the National Firarms Act in1934

 


Image from wikimedia.org Short barreled Trapper model on top. Image rotated, cropped and scaled by Dean Weingarten

In 1934, the Franklin Delano Roosevelt (FDR) administration had been in office for one year. The Attorney General, Homer Cummings, was a strong proponent of national gun laws, which, he contended, could get around constitutional constraints by using the power to tax.

The Justice Department crafted a bill to create the National Firearms Act of 1934. 

It was a major piece of legislation, arguably the first time the Federal Government had significantly infringed on the right to keep and bear arms, protected by the Second Amendment. 

Attorney General Cummings was asked to testify before the powerful Ways and Means Committee in the House, which was considering the bill.

In the original bill, the focus was on pistols and revolvers, short-barreled shotguns, concealable firearms, silencers, and machine guns. Short barreled rifles were not included.


 Image if the beginning of HR 9066, showing the firearms to be covered in the bill

This made sense. The media had hyped the dangers of gangsters roaming the nation and robbing banks, armed with pistols, machine guns, and sawed off shotguns. These firearms were demonized as gangster weapons, much as "assault weapons" are demonized today.

There was no demonization of short barreled rifles. Such items were commonly used for hunting, offered by major manufacturers, usually as special order. Both Winchester and Marlin made thousands of rifles with barrels less than 18 inches long. Quackenbush made many thousands of popular short barreled "bicycle" rifles.

The committee transcripts from April 16, 1934, record how short barreled rifles were added to the National Firearms Act.  

A congressman from Minnesota, who was a member of the Ways and Means Committee, appears to be confused.

On page 13 of the committee transcripts, a curious exchange takes place.

Representative Harold Knutson, of Minnesota, asks Attorney General Homer Cummings if he may add "rifles" to the bill and raise the barrel length to 18 inches, to protect deer hunting rifles in his home state. Cummings is bewildered by the request. It does not make any sense.  Eventually Cummings says it is acceptable to him, to gain the approval of Representative Knutson. Cummings needs the votes on the committee to pass the bill. From the hearing:

Mr.KNUTSON. General, would there be any objection, on page 1, line 4, after the word" shotgun” to add the words" or rifle” having a barrel less than 18 inches? The reason I ask that is I happen to come from a section of the State where deer hunting is a very popular pastime in the fall of the year and, of course, I would not like to pass any legislation to forbid or make it impossible for our people to keep arms that would permit them to hunt deer. 

Attorney General CUMMINGS. Well, as long as it is not mentioned at all, it would not interfere at all.

Mr. KNUTSON. It seems to me that an 18 -inch barrel would make this provision stronger than 16 inches, knowing what I do about firearms.

Attorney General CUMMINGS. Well, there is no objection as far as we are concerned to including rifles after the word" shotguns” if you desire.

After this exchange, Representative Knutson fades from the picture. He has a few questions later. On page 87, he makes sure that rifles with barrels over 18 inches are exempted from the bill. 

Quinn Otto-Moudry makes the same observation in an article in The Cornell Review examining the NFA hearings, in September of 2020: 

Knutson asked if there “would…be any objection…after the word “shotgun” to add the words “or rifle” having a barrel less than 18 inches?…It seems to me that an 18-inch barrel would make this provision stronger than 16 inches, knowing what I do about firearms.” (pg 13), adding that he did not wish to interfere with his constituents ability to possess deer hunting rifles. This line of reasoning is extremely odd given that the congressman was asking to add restrictions which would make it harder to acquire rifles.

In the remaining transcripts, the focus is on pistols, machine guns, and sawed off shotguns. Rifles are barely mentioned. Sawed off shotguns are referred to repeatedly. 

The record is clear. Today, we deal with the bizarre regulatory world where short barreled rifles are tightly regulated and taxed, while pistols with virtually the same capability, only more concealable, are honored and recognized by the Supreme Court as protected by the Second Amendment to the Constitution.

All because a confused congressman from Minnesota did not realize he was asking for exactly the opposite of what he claimed he desired.

The FDR administration never asked for short barreled rifles to be under tight control. The record shows they did not consider short barreled rifles to be dangerous and unusual.

They simply accepted the confused request from a powerful committee member, in the process of passing the bill.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



TX: Gunfight in Houston, Victim Wounded


HOUSTON – Houston police are looking for a suspect who they say shot a man seven times outside of a fast-food restaurant in southwest Houston.

On Friday, May 28, Houston police responded to reports of a shooting in the 3100 block of Fountain View Drive.

Police said a man pulled into the parking lot of a fast-food restaurant to grab something out of his trunk when a suspect approached him with a gun and demanded his belongings.

The man told police he resisted the suspect and attempted to grab his own gun, but was shot seven times -- once in the chest, four times in the left leg, once in his right leg, and once in his hand. While being shot at, police said the victim was able to grab his gun and fire back at the suspect, possibly striking him. Police said the victim was then able to get back into his vehicle and drive to a local hospital.

More Here

CA: Armed Robber Shot and Killed by Armed Samaritan

LONG BEACH (CNS) - Authorities determined that a man who shot and killed a 17-year-old alleged robber in Long Beach last month did so in defense of a victim, it was announced today.

Officers arrived at the scene of the shooting and found a mortally wounded Guillermo Mayorga III, of Riverdale, Georgia, in a hotel parking lot in the 3600 block of Santa Fe Avenue about 11:20 p.m. on May 28, according to coroner's Lt. David Smith and the Long Beach Police Department. He was pronounced dead at the scene.

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GA: Neighbor Comes to Help During Home Invasion, is Shot, Killed

VALDOSTA, Ga. (WALB) - A man coming to his neighbor’s call for help during a home invasion is dead, according to the Lowndes County Sheriff’s Office.

A woman who lives in the home was able to hide in a closet and call a neighbor while four teens robbed them at gunpoint. Deputies said it’s unclear if anything was taken.

(snip)

 While his name isn’t being released yet while the family is being notified, we’re told the 44-year-old neighbor came over with a pistol, when he was shot and killed outside the home.


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CA: Homeowner Holds Suspect who Took Shower

It was just before 11 p.m., when he was asleep and his wife was watching TV, she suddenly heard the water running.

"She woke me up and in a panicked way said, 'Get the gun, there's somebody upstairs,'" said Baker. "I grabbed the gun. I don't keep it loaded, but I can do it pretty darn quickly and that's what I did, and to be quiet honest, walked out first, forgot my shorts, so my wife helped me with that."

Just as he was about to see what was going on, Baker made a surprising discovery.

"I got to the bottom of the stairs, and as I start to turn around the stairs, he was coming down the stairs wrapped in a towel -- about as surreal as it could get," he said. "I said, 'What on earth are you thinking?' Because it's a 24-year-old kid, and he responded saying, 'I had to.'"


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AL: Homeowner Shoots, Kills Burglary Suspect

According to Enterprise police Lt. Billy Haglund, Spencer Hines Layton, 31, was shot and killed during a burglary in the 200 block of Brookshire Drive around 5:30 a.m. Sunday.

Officers were called to the scene after a report of a burglary in progress. Haglund said when officers made it to the home, they found a man, identified as Layton, who’d been fatally shot by the homeowner during the burglary.


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CO: Homeowner Shoots, Kills Armed Intruder

The Douglas County Sheriff’s Office said Collins entered a home in the 9000 block of Fraser River Street in the Sterling Ran

A 911 caller reported that Collins had entered the residence with a gun. Collins was fatally shot by a person who lives at the address as deputies were en route to the home, the sheriff’s office said.

Collins did not live at the address but was known to the residents of the house, according to the Douglas County Sheriff’s Office.

More Here

Tuesday, June 15, 2021

FL: Husband Uses Handgun to Protect, Attacker Charged with Hate Crime

The woman’s husband alleged that, although he was initially approximately 25 feet away from the man, Anton ran towards him and began punching him.

The man pulled a handgun out “to protect himself,” according to the Friday statement. 

Bystanders separated the men. None of the victims were seriously injured.


More Here

Monday, June 14, 2021

NE: Domestic Defense, Father Attacks Mother, Son Shoots Father



The Douglas County Attorney says no charges will be filed at this time against a man arrested Sunday for shooting his father.

Police were called to 98th Avenue Circle and L Street in the early hours of Sunday morning and found 46-year-old Lonnie Williams on the front porch suffering from a gunshot wound.

Williams' son, Malik Williams, 19, told 911 dispatchers that he shot his father after his father attacked his mother.


More Here

Sunday, June 13, 2021

NICS Numbers for May, 2021- Ends String of Record Breaking Months

NICS numbers for May broke the string of record setting National Instant background Check System (NICS) checks which started in August of 2019. The number of NICS checks broke records for each month starting August of 2019 until May of this year, 2021, for 21 months of records.

Such a string could not continue forever. There are only so many resources, so many people to buy guns and be checked for carry permits. It has been the carry permits and permit rechecks which have driven the NICS system checks so high. 

In May of 2021, only 41.3 percent of background checks were for firearm sales.  58.8% of the checks were for permits and permit rechecks. Permit and permit rechecks for Illinois alone were 30.0% of the total number of NICS checks for May, 2021. 

When NICS was created in 1998, there was no consideration of one state submitting 30% of all NICS background checks for permit checks and rechecks. 

Gun sales in Illinois, which are extraordinarily hampered by the Illinois FOID system, were less than 3% of those of the United States total.

The population of Illinois is about 4% of the population of the United States, down a bit from previous years.

The total number of firearm sales done through the NICS system was about 1.32 million in May of 2021. An 18% decrease from the record set in May of 2020, is still historically high. 

The panic buying with coincided with concerns about the election of President Biden, a radical left Democrat Congress (albeit by the most narrow of margins) and promises of extreme gun restrictions, has faded.

President Biden, Nancy Pelosi, and Senator Schumer, all radical opponents of the Second Amendment, have been unable to to pass legislation to turn national elections into a national version of Tammany Hall. 

Attempts to make Washington, D.C. into a state, and to pack the Supreme Court with leftist judges, have stalled.

In spite of passing enormous funding for pet Democrat constituencies, the Democrats have not been able to remove the filibuster rule in the Senate. 

Senator Sinema of Arizona and Manchin of West Virginia, deserve credit for preserving the Republic, at least for now.

The Supreme Court has decided to hear another significant Second Amendment case, which may be used to restore Second Amendment freedoms eroded over a century of Progressive activism. 

In the States, four states have joined the Constitutional Carry club, with Texas almost certain to join in June of 2021. Louisiana is on the edge, with the prospective of a veto and possible veto override. 

The Second Amendment sanctuary movement has pledges covering more than half the land area of the United States. Over 20 million people, nearly all active voters, have carry permits.

Many still believe United States is in extraordinary peril, from both domestic and foreign enemies. The Biden administration seeks to crack down on the opposition of those who take their oaths seriously, which the administration labels as "extremists".  

With the guns sold in May, the total number of the private stock in the United States is now estimated to be over 472 million, using the procedure pioneered by Newton and Zimring, and perfected by Professsor Gary Kleck in “Point Blank: Guns and Violence in America”.

 

 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





WA: Neighbor Checks on Freinds House, Finds Burglar, Helps Capture Suspect



But the suspect still had the gun — and that’s when Bullock decided to follow him.

“I yell at him, ‘Hey, you need to leave that gun!’” Bullock said. “I couldn’t, in good conscience, let him walk around the neighborhood with a loaded rifle,” he said.

The suspect ditched the safe about a block away.

Then, Bullock actually managed to get the suspect to put down the weapon.

“At which point, I pull my gun out. Because I was carrying the whole time,” he said.

More Here

FL: Career Criminal Shot when he Attempted to rob two Legally Armed Men

Image Mug Shot of Otis Brown, from Lee County Sheriff's Office, cropped and scaled by Dean Weingarten


On 31 May, about 6 p.m. at 3101 N. Miami Avenue, it has been reported that Otis Brown, a career criminal, attempted to commit an armed robbery of two men as they were walking their dog outside of the Midtown Mall.

The temperature at 6 p.m. was 82 degrees with an ENE breeze of 13 mph with humidityof 72%.  Sunset would not be until 8:07.  Looking at the images from Google maps, there is graffiti in the neighborhood. 

 Google maps image of North Miami Ave in the vicinity of the gunfight.

One of the men grappled with Brown. It appears to have been an attempted disarm by the victim. Disarms are a dangerous and desperate tactic. As Brown and the victim struggled, the victim was shot in the shoulder. From Wink news:

According to detectives, two men were walking when they were confronted by Otis Brown Jr. of Lehigh Acres. He attempted to rob the men at gunpoint, police said, and one of the victims exchanged gunfire with Brown, shooting him.

Brown was taken to Jackson Memorial Hospital where he later died. One of the victims was also taken to the hospital, but his condition has not been released.

Brown, 38, was a registered felon in Florida with numerous arrests in Lee County going back to 1998.

Brown had a long series of arrests as an adult, starting when he was a teenager. He had recently been released from prison. It appears the gunfight happened very quickly. First, the robbery attempt, then grappling for a handgun, when the first victim is shot. At that point the second victim engages Brown, using a Glock pistol and hitting Brown eleven times.

From Miamihearald.com

Monday evening’s shooting at Midtown unfolded outside a parking garage on the 3100 block of North Miami Avenue. The two men walking their dog live in the area, and were returning home when they were confronted by Otis Brown, 38, of Leigh Acres, who tried to rob them.

 According to a source, Brown and one of the men began grappling. The other man, who was legally armed with a Glock, hid briefly behind a post and heard his friend get shot in the shoulder. He emerged from behind the post and exchanged gunfire with Brown, who was hit 11 times.

The dog ran off, but was later rescued. The robbery victims both had their weapons legally, and are not expected to face charges. Investigators believe they acted in self-defense.

Without further details, this correspondent can only speculate the second victim took cover as the first grappled with Brown. It often makes more sense to seek cover than to stand in the open while drawing a handgun. WSVN.com reports the second victim was grazed by a bullet just before he opened fire on Brown.

One of them was shot in the shoulder.

The other was grazed by a bullet, and then pulled out a gun in self-defense, shooting the man.

It seems likely the second victim drew his pistol from behind cover, as the first shots were fired. The second victim then ended the gunfight with eleven hits from his Glock pistol. The reports do not tell us how many shots Brown fired.

The police reports do not tell us how many victims Brown interacted with during his criminal career. The reports do not tell us how many years of Brown's life he spent behind bars. 

We are left with the conclusion it took two armed victims to conclusively stop Otis Brown's criminal career by effectively resisting his attack on 31 May, 2021. Otis died as a result. 

One of the benefits of an armed population is: it makes criminal conduct more dangerous. This case highlights how legally armed individual reinforce each other.

It is possible Otis Brown could have turned his life around, but the odds are against it. To paraphrase Massad Ayoob, Otis Brown made a fatal mistake in the victim selection process. It is impossible to know how many future crimes were prevented by the death of Otis Brown. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Read more here: https://www.miamiherald.com/news/local/crimego/article251820148.html#storylink=cpy

Read more here: https://www.miamiherald.com/news/local/crime/article251820148.html#storylink=cpy

Read more here: https://www.miamiherald.com/news/local/crime/article251820148.html#storylink=cpy

One of them was shot in the shoulder.

The other was grazed by a bullet, and then pulled out a gun in self-defense, shooting the man.

 
 According to a source, Brown and one of the men began grappling. The other man, who was legally armed with a Glock, hid briefly behind a post and heard his friend get shot in the shoulder. He emerged from behind the post and exchanged gunfire with Brown, who was hit 11 times.

Read more here: https://www.miamiherald.com/news/local/crime/article251820148.html#storylink=cpy

The two men were confronted while they were walking their dog, Monday night.

One of them was shot in the shoulder.

The other was grazed by a bullet, and then pulled out a gun in self-defense, shooting the man.

IN: Homeowner Injured, Burglary Suspect Shot

Investigators believe there was an attempted burglary at a home in the area, and the resident was trying to defend his or her home. Police say that homeowner had a leg injury, but it’s unclear if it is a gunshot wound.

Police also believe the suspected burglar showed up at Methodist Hospital downtown to be treated for a gunshot wound.


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VA: Man Shoots at Person Banging on Window, Kills Best Friend

The Dinwiddie County Sheriff said Matthew Sharpf, 37, was arrested and charged with voluntary manslaughter shortly after he was questioned by authorities. His arrest warrant was filed at the county courthouse on Wednesday.

Sharpf is scheduled to be arraigned on Thursday afternoon in Dinwiddie County General District Court.

However, his charge of voluntary manslaughter is a tough one to swallow for many friends and family who knew his relationship with the victim.

“They were best friends, since childhood,” a family member said.


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GA: Five Men Attack Victim, who Shoots one of them

Five men were arrested on assault charges after Atlanta investigators determined they severely beat a man who in turn pulled out a gun and shot one of his attackers, officials said.

Police were initially called to investigate the shooting but learned of the assault after interviewing the victim and numerous witnesses.

More Here

Friday, June 11, 2021

ATF proposed Rule to Make Pistols more Concealable, more Taxed

 

 

Pistol and Brace at 2019 Shot Show by Dean Weingarten 

 

On 7 June, 2021, the Attorney General signed a "proposed rule" about the regulation of arm braces for pistols. The ATF has put the "proposed rule" on its website. 

The "proposed rule" can be seen as a trial balloon. It has no legal authority, as it has not been officially published in the Federal Register. Once officially published, the public can make comments for 90 days once the proposed rule has been published.

Significantly, the Attorney General, Merrick Garland signed this trial balloon, and not the acting head of the ATF.

The proposed rule is 71 pages of details only a bureaucrat would love.

The document arbitrarily states short barreled rifles and shotguns are "dangerous and unusual". Of course, all weapons are dangerous, otherwise they would not be weapons. But all weapons are not unusual.

Banning short barreled rifles and shotguns was not the intent of the law in 1934.


The intent was to regulate concealable firearms, especially pistols, and particularly, sawed off shotguns. Sawed off rifles were added, virtually as an afterthought. This is why the overall length of 26 inches was included.

It makes no sense to consider short barreled rifles as "dangerous and unusual" but to have pistols as constitutionally protected.  The NRA lobbied congress to remove pistols from the law, which was done. Short barreled shotguns and rifles were left in as booby prizes for the Franklin Delano Roosevelt administration.

"Dangerous and unusual" might have applied to pistols cut down from rifles and shotguns with a vice and a hacksaw. It did not apply to pistols which were equipped with shoulder stocks, which were common. 

Pistols with shoulder stocks were added as banned by the ATF, under the conclusion they were short barreled rifles, later.  Many pistols with shoulder stocks have been classified as curios and relics, not dangerous and unusual, at all. This is reasonable. Adding a shoulder stock to a pistol makes it less concealable, not more.

No firearm of over 26 inches in length should fit into these categories.  In the missive, the ATF claims there have been three million stabilizing braces sold,  They are not unusual, and should be removed from the NFA. From the ATF.gov page 10:

It is estimated that manufacturers of stabilizing braces have sold 3 million stabilizing braces since 2013. ATF has observed that the development and production of rifled barrel weapons with “stabilizing braces” has become more prevalent in the firearms industry and that, consequently, requests for classifications for this kind of firearm design have also increased.
The Supreme Court, with the Caetano decision, found stun guns, with only 200,000 units in the United States, were in common use, and therefore protected under the Second Amendment. There are over 460 thousand short barreled rifles registered under the NFA. It is hard to see them as "unusual" under the Caetano decision. There are over 158 thousand short barreled shotguns registered under the National Firearms Act  (NFA), making their description as "unusual" problematic.

The proposed rule changes simple, easily understood criteria into complicated, bureaucratic regulation difficult for any but career bureaucrats to understand.

On page 18, the ATF compares an unloaded 1911 pistol with a loaded Glock, for no other purpose than to make the weights similar. No logic is involved.

Weapon Weight. Weapon weight is a key prerequisite in determining whether a “stabilizing brace” is appropriately used on a weapon. A traditional unloaded 1911-typepistol weighs approximately 39 ounces. Similarly, the polymer Glock 17 weighs 39 ounces when fully loaded. 

On page 19, the ATF applies Goldilocks logic:

Firearms with an overall length of less than 12 inches are considered too short to indicate any need for a “stabilizing brace.” Conversely, firearms exceeding 26 inches in overall length are impractical and inaccurate to fire one handed, even with a “stabilizing brace,” due to imbalance of the weapon.

Only the pistols which fit the "just right" category of over 12 inches and under 26 inches long, without stabilizing braces, are "just right" to have very limited stabilizing braces.

Options given by the ATF for current owners of pistols with stabilizing braces, after they apply the maze of additional criteria to determine if they might be classified as short barreled rifles, are shown on page 43-44. There are five. None of them are appealing. From the missive:

1) Permanently remove or alter the “stabilizing brace” such that it cannot be reattached, thus converting the firearm back to its original pistol configuration (as long as it was originally configured without a stock and as a pistol) and thereby removing it from regulation as a “firearm” under the NFA. Exercising this option would mean the pistol would no longer be “equipped with” the stabilizing brace within the meaning of the proposed rule.

2) Remove the short barrel and attach a 16-inch or longer barrel to the firearm thus removing it from the provisions of the NFA.

3) Destroy the firearm. ATF will publish information regarding proper destruction on its website, www.atf.gov.

4) Turn the firearm into your local ATF office.

5) Complete and submit an Application to Make and Register a Firearm, ATF Form 1 (“Form 1”). As part of the submission, the $200 tax payment is required with the application. Pursuant to 27 CFR 479.102, the name, city, and state of the maker of the firearm must be properly marked on the firearm. All other markings, placed by the original manufacturer, should be adopted. Proof of submission of the Form 1 should be maintained by all possessors. Documentation establishing submission of Form 1 includes, but is not limited to, eForm submission acknowledgement, proof of payment, or copy of Form 1 submission with postmark documentation.

Costs and benefits are covered on pages 47-48. There are significant costs. The "benefits" are insignificant.

Annualized costs of about 115 million dollars a year are estimated, over 10 years, or over a billion dollars total.

The alternative of allowing the current owners to register their existing firearms as short barreled rifles, without paying the $200 tax, was rejected on page 55, though no good reason is given.

Alternative 5—Forgiveness of the NFA Tax. This alternative would allow individuals and entities that currently have firearms with attached “stabilizing braces” to apply and register firearms under the NFA without paying the $200 making tax. In this scenario, the societal costs would be the same except there would be no transfer payment. Similar to the proposed rule, the bulk of this cost would be the foregone future revenue and the loss in property for individuals not applying under the NFA.30 This scenario was rejected because “stabilizing braces” are not serialized and an individual or entity could merely register all firearms possessed with the intent of later obtaining a “stabilizing brace.” Further, although the “brace” is used on a particular weapon, an individual might register all pistols as SBRs and then attempt to utilize other stocks on these firearms.

So? Where is the societal "cost" here? More pistols would be registered in the ATF registry as short barreled rifles. Where is the harm, or "cost"? We are given a hint of what ATF might be trying to put forward as a cost.

From page 59:

This proposed rule would prevent persons from circumventing the NFA by using arm braces as stocks on “short-barreled rifles”. If persons can circumvent the NFA by effectively making unregistered “short-barreled rifles” by using an accessory such as a “stabilizing brace,” these weapons can continue to proliferate and could pose an increased public safety problem given that they are easily concealable.

Putting a stabilizing brace on a pistol makes them less concealable, not more concealable. It may make them more accurate, which would be a benefit, not a cost.

The original law was aimed at people making rifles and shotguns more concealable when they attempted to create awkward, pistol like weapons. 

What ATF is doing is exactly the opposite. They are proposing millions of awkward pistols be made more concealable by forcing the owners to take off the pistol braces.

The ATF will have likely overstepped its authority if it officially proposes such a rule change and implements it.  A very similar situation, with the  ATF rule on bump stocks, has already been deemed illegal in the Sixth Circuit. That rule is still under litigation.

The proper thing would be to eliminate the National Firearms Act altogether. Such an effort is unlikely to succeed, politically. A logical alternative would be to change the law so modern firearms of 26 inches or more are regulated as long guns, while firearms of less than 26 inches are regulated as handguns.

Such a change would be consistent and easily followed. The current categories of handguns, long guns, short barreled rifles, short barreled shotguns, and "firearms" make no sense at all. Two categories "long guns" and "handguns" would be easily understood, measured, and regulated. 

If and when the ATF actually publishes a rule, such as proposed, in the Federal Register, AmmoLand will let its readers know, so proper comments can be made.

 
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Domestic Defense? 72-Year-Old Homeowner Shoots, Kills Former Tenant During Break-in Attempt

HOUSTON – Houston police said they are questioning a homeowner accused of shooting and killing a former tenant in southeast Houston Tuesday. That homeowner told officers the man kicked in the front door of his home.

Police said the incident happened around 10:45 p.m. at 6023 Glenhurst Dr.

According to officers, the homeowner is a 72-year-old man who uses a wheelchair and the man he shot was his former tenant.


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PA: Domestic Defense, Male House Guest Shoots Woman's Old Boyfriend


Police said a 19-year-old woman who lived in the apartment was confronted by the intruder after the intruder damaged her vehicle.

 The intruder, a 21-year-old man who used to be involved with the woman, tried to force himself into the apartment and was shot in the leg by the woman’s male houseguest. The woman and her houseguest called 911 and are cooperating with police.

 More Here

GA: No Charges for PIzza Delivery Driver who Shot Jeremy Hicks during Robbery Attempt

Police say that the driver told officers he shot Hicks in self-defense after he attempted to rob him at knifepoint.

Initially, police say the driver was unable to locate the original location that the pizza was supposed to to be delivered. The driver then made contact with Hicks who instructed him to drive to the area of Cypress Mill Road where the incident then took place.

GCPD says Hicks has an extensive criminal history that includes multiple instances of robbery. Police say he recently served 15 years in prison and was recently released on probation.

Police say this time no criminal charges have been filed against the 25-year-old pizza delivery driver, who was not named during the news conference. He was uninjured during the incident.


More Here

Thursday, June 10, 2021

LA: Intoxicated New Orleans Tourist Shot, Killed by Homeowner (video at link)

Matthew Clark was killed after reportedly knocking on and then lunging into the homeowners Dauphine Street door on Thursday evening.

The 29-year-old Clark was visiting New Orleans as a tourist, according the report.

The NOPD says the shooting was a justifiable homicide and that no charges will be issued.


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OH: Domestic Defense, Man Attacks Mother and Child, is Shot

Columbus Police said the shooting occurred around 2:30 a.m. in the 4200 block of Cleveland Avenue.

A Columbus Police lieutenant told WSYX that a man allegedly punched a woman and her baby in a domestic incident. The woman then reportedly shot the man.

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TX: Deputy , acting as Security, Shoots Man who Attacked others with a Knife

The deputy, said to be a veteran sergeant with the sheriff’s office, encountered a 24-year-old knife-wielding man involved in a disturbance with others attending the event.

According to the statement, the deputy shot the man when he wouldn’t drop the knife and continued his assaults.

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Wednesday, June 09, 2021

TX: Woman Shot after Forceing Entry into Home

BEAUMONT, Texas – Beaumont police are investigating a homicide that occurred early Sunday, KSAT reported.

According to a Facebook post Sunday, Beaumont officers responded to a home burglary in progress at around 5 a.m.

Upon arrival at the home, the homeowner told police that someone, a female, had forced their way into the home and the homeowner shot her several times.


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AL: Father Shoots Son in Fight over Drugs and Car

Officers say, Daniel Earl Harrell, age 29, of Bonifay was shot twice. Once to the abdomen and once in the torso. Holmes County EMS arrived and began administering medical treatment. Harrell was life-flighted to a local hospital.

Investigators say the shooting happened after a fight between Harrell and his father. The father alleges he was assaulted by Harrell in an attempt to take car keys and prescription medication.


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TX: Intoxicated Woman Shot by Son-in-law, Daughter Thought She Was Home Invader

Deputies said the 43-year-old woman had been drinking all night with her husband until they got into an argument.

That’s when she left and arrived at her daughter’s home.

Ring doorbell camera video shows she first knocked on the front door. When no one answered, she went to the back door and started banging.

The woman’s daughter thought someone was trying to break in, according to deputies. The daughter’s husband grabbed his gun and called police.

Shortly after, the woman’s son-in-law fired shots through the back door.

The woman is being treated for gunshot wounds to the chest, back and left arm at a hospital nearby.

More Here

Tuesday, June 08, 2021

TX: Gunfight in Dallas, 1 Killed


Incident at 300 Halsey Street

On June 4, 2021, at 11:35 a.m., officers responded to a shooting call at 303 Halsey Street after the subject, a 60-year-old Black male, called 911 to report a Burglary in Progress at his neighbor’s residence. According to the subject, the unknown victim and two other unknown black males had broken into his neighbor’s residence and as they were leaving one of them fired multiple rounds towards the subject. The subject then returned gunfire and struck the victim. The victim was transported to an area hospital by Dallas Fire-Rescue and later pronounced deceased. The subject was interviewed by detectives with the Homicide Unit and was released pending a referral to a Dallas County grand jury.

 

From Dallas Police Department

WA: Homeowner Shoots Man who Declined to Leave, Advanced on Him



Police said the homeowner opened a sliding door and saw a shirtless person pounding on his door.

The homeowner told the man that he was armed and told him to leave.

According to investigators, the man started to advance on the homeowner and the homeowner continued to tell him to leave.

When the man continued to advance on the homeowner, he shot the man.

The homeowner’s wife called 911.

The man was taken to the hospital but died.

More Here

Monday, June 07, 2021

TN: Alexander Skelton Demanded Money, was Shot, Killed in Knoxville

KNOXVILLE, Tenn. — UPDATE NOON THURSDAY: A man and woman are facing aggravated burglary charges after a home invasion led to a homicide in North Knoxville Tuesday, the Knoxville Police Department said.

Dewey Bowling Jr., 46, and Caitlyn Ridenour, 25, are each facing aggravated burglary charges in the home invasion.

KPD said the man who was shot and killed, 31-year-old Alexander Skelton of Knoxville, had demanded money from occupants at 1100 Vermont Avenue while carrying a gun.


More Here

AK: Woman uses Pistol to Shoot Home Invader who Threatened her with an Axe

On 06/04/21 at 2204 hours, AST and WPD responded to a residence on Fairview Loop in Wasilla for the report of a home invasion and shooting. Investigation revealed an intoxicated 66-year-old male forced entry into a residence utilizing an axe while threatening to kill a 55-year-old female. The female homeowner subsequently shot the male with a pistol. EMS transported the intruder to a local hospital where he underwent surgery for non-life-threatening injuries. The Palmer District Attorney’s Office was contacted, and no charges will be filed on the homeowner. Investigation continues regarding burglary and assault charges against the suspect who’s still hospitalized.

 dailydispatch.dps.alaska.gov.

Sunday, June 06, 2021

Louisiana Constitutional Carry (HB 118), with Veto Proof Majorities, to go to Governor Edwards

Louisiana State Capitol, from wikimedia CC 2.5, 18 Oct, 2006, cropped and scaled by Dean Weingarten

The Louisiana legislature passed SB 118 with veto proof majorities. The House sent the bill, with amendment to the Senate, after voting for it 73 to 27 on 27 May, 2021.

Constitutional Carry is a reasonable facsimile of the state of law when the Second Amendment was ratified in 1791. At that time, no state, nor the federal government required any governmental permission to carry arms openly or concealed.

The Senate passed the amended bill on 1 June, 2021, 27 ayes to 9 nays. SB118 will be sent to Governor Bel Edwards. It was enrolled on 3 June. Governor Edwards has 20 days from the end of the session to veto the bill or allow it to become law without his signature.  The session is scheduled to adjourn no later than 10 June, 2021. 

The House amendments included a requirement for the Department of Public Safety and Corrections to develop and provide a free online, one hour course about concealed carry. From the bill

A. The Department of PublicSafety and Corrections, office ofstate police, shall provide a sixty-minute online concealed handgun education course at no cost to Louisiana residents.

B. The concealed handgun educationcourse shall cover the following topics:

(1) Concealed handgun basics and nomenclature.

(2) Firearm-free zones.23

(3) Use of deadly force.24

(4) Interactions with law enforcement officers.

Previously, Governor Edwards said he would veto a Constitutional Carry bill. Governor Edwards (D) is term limited. He is not allowed to run in the next election for governor.  In spite of his promise to veto Constitutional Carry, he may not want Constitutional Carry to be a prominent issue in the 2022 elections. If Governor Edwards vetoes any bills, a veto session will be held in 40 days, unless a majority of either house certifies, in writing, that a veto session is unnecessary. 

 Louisiana vetoes are seldom overridden. It has only happened twice since statehood. The last time was reported to be 39 years ago. The Constitutional Carry bill was popular in the legislature. It merely puts into law the Constitutional Amendment protecting the right to arms passed by the electorate in 2012.

Texas passed a Constitutional Carry bill, HB1927 on 24 May, 2021. Governor Greg Abbot has promised to sign the bill. Governor Abbot has until 20 June, 2021 to sign the bill or allow it to become law without his signature. 

The passage of the Texas Constitutional Carry bill could add legitimacy to the Louisiana bill.  

Governor Abbot of Texas is expected to sign HB1927 before 20 June, probably in a well attended, formal signing ceremony, with two other bills protecting the right to keep and bear arms in Texas.

When Texas joins the Constitutional Carry club, 21 states will be members. If Louisiana joins, there will be 22. 

Several other states, including  Pennsylvannia, Ohio, and Indiana, have been considering Constitutional Carry bills.  

Vermont has always had Constitutional Carry. 19 other states have restored Constitutional Carry since 2003. The current members of the Constitutional Carry club are:

Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Maine, Mississippi  Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wyoming.

When Texas becomes a member of the club, about 56% of the land area of the United States will fall under the jurisdiction of Constitutional Carry states. Louisiana would bump that number to 58%.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 



LA: New Orleans, No Charges for Homeowner who shot Man who Lunged at Him

New Orleans police say no charges will be filed at this time against a man who shot and killed a suspected home invader on Thursday night in the French Quarter, FOX8 reports. 

The suspected home invader was banging on the door and lunged at the homeowner when he opened it, according to the local news outlet. 

Neighbors told the Times Picquayne and the New Orleans Advocate that before the shooting, they saw a man who appeared to be intoxicated pulling on door handles in the neighborhood as well as knocking on doors.

 

More Here

Saturday, June 05, 2021

MO: Gunfight at 1:25 a.m. in Apartment, 11-year-old Grazed by bullet

ST. LOUIS — An investigation is underway after a young boy was shot in north St. Louis early Thursday morning.

The shooting happened at an apartment in the 5800 block of Selber Court in the Wells-Goodfellow neighborhood.

Police said nine people were inside an apartment at about 1:25 a.m. when they heard a knock at the door. When a 29-year-old man opened the door, the suspect walked in and started shooting into the apartment, police reported. Another man inside the apartment fired back and ran away from the scene.


More Here

FL: Pizza Driver Uses Handgun to fend Off Teen Assailant

As the driver went to leave, Celin allegedly punched him in the face, and shot a water gun loaded with pepper spray into the man’s face.

That’s when the driver pulled out a gun he carries for self-defense, and shot several rounds at the suspect as he drove off. 

Deputies eventually caught up with Celin at the nearby Red Cedar apartment complex.

 

More Here

Friday, June 04, 2021

FL: Mentally Ill Man Attempts Break-in, is Shot, Killed by Homeowner's Son

A Florida man with a history of mental illness was shot and killed late Tuesday while trying to break into a home, investigators said. 

Deputies with the Sarasota County Sheriff’s Office received a call around 11:04 p.m. local time from the family of 29-year-old Aaron Pischer, who said he had been experiencing mental health issues and had appeared to be disoriented. 

But by the time deputies arrived at the family’s home at 4180 47th St in Sarasota, Pischer was already gone. While the deputies were attempting to look for Pischer, they received another call regarding a shooting at a home half a mile away.  

Responding to the call, police found that Pischer had attempted to break into a home, and the homeowner’s son shot him in self-defense, deputies said. 

The homeowner’s son is heard on the 911 call recording obtained by WTVT, the Fox-owned station in Tampa, telling a dispatcher: "I’m locked in my dad’s closet. Please get here quick. I don’t know if there’s more."


More Here

Thursday, June 03, 2021

FL: Carreer Criminal Attacks two Concealed Carriers, is Shot, Killed


Two men walking their French bulldog after a visit to Miami’s Midtown Miami shopping center were confronted in broad daylight by an out-of-town robber with a long rap sheet. All three men, it turns out, were armed.

When the tussle and gunfight stopped Monday evening, the armed robber had been shot 11 times. One of the robbery victims was shot in the shoulder. The third man survived shaken, but unscathed. The manager of the nearby PetSmart agreed to take the French bulldog overnight as police investigated the shooting outside the popular shopping center.

Read more here: https://www.miamiherald.com/news/local/crime/article251820148.html#storylink=cpy

More Here

Wednesday, June 02, 2021

FL: Homeowner Wounds Child who Shot at Home in Drive-by Paintball Shooting

Michael Williams, 26, told Opa-locka police his son begged him to drive by a home where young people were gathered Sunday night so he could fire his paintball out the window, according to a police report released Tuesday.

More Here

Tuesday, June 01, 2021

FL: Woman Shoots Man who Attacked Her

When police arrived, they discovered an adult male with gunshot wounds. Miami-Dade Fire Rescue transported him to an area hospital in critical condition. 

Police says the preliminary investigation revealed that an adult female was in her vehicle when the male approached her and began to bang on her window and attack her. As a result, she shot him.

More Here

Monday, May 31, 2021

Anti-Semitic Threats Stopped by Armed Samaritan in Florida

 

Harbour Way and Collins Ave Image from Google maps, cropped and scaled by Dean Weingarten

A family from New Jersey learned the value of a legally armed population while vacationing in Florida. New Jersey is one of a handful of states where it is nearly impossible to obtain a permit to carry a gun for self defense.  From foxnews.com:

Eric Orgen said he, his wife, and his daughter, 16, had just left a synagogue in Bal Harbour and were walking on the sidewalk when a group of men driving by started shouting and throwing garbage at them.

"They just started screaming some derogatory things towards Jewish people out the window," Orgen told WPEC-TV of West Palm Beach. "My first thought was just making sure my wife and daughter were behind me so I could take the brunt of anything that was going to happen."

Orgen told the station the men said things like, "Free Palestine!," "Die Jew!" "F-- you Jew," and "I’m gonna rape your wife."

The family was helped by a driver who witnessed the attack and decided to intervene, Orgen said. Armed with a gun, the stranger defended the family and chased the group away.

"The guy in the car behind them saw everything go on," Orgen told WPEC-TV. "I saw him pull a gun and get in between - I mean he was almost there as our guardian angel, just protecting us. I think once they saw him they just took off."

The event is reported to have happened on 18 May, 2021, at 7 p.m. on Collins Avenue near Harbour Way in Bal Harbour, FL. The sun would not set until 7:44. It was partly cloudy, about 80 degrees F, with a strong breeze from the West at 17 mph.  Visibility was good. The windows on the SUV were open.

The family was grateful to the armed Samaritan who intervened. From the Blaze

A driver of an Audi was right behind the SUV and allegedly witnessed the hateful harassment. The motorist, who was armed, got out of his car and "pulled his gun to protect us and chased them as they drove away," Orgen claimed. "So thankful that a total stranger stepped up to protect us!"
In other reports the armed Samaritan was referred to as a "guardian angel" or a "good Samaritan".

The mayor, Gabriel Groisman, would not acknowledge it was an armed Samaritan which intervened, on his Twitter responses. 

The family reported the incident to the authorities. Ordinarily, a description of the perpetrators is included in police reports. It makes it easier to find them and arrest them. From local10.com:  

They reported the incident to local law enforcement. Orgen said his daughter is back home safe in New Jersey, but she is still a bit shocked and confused.

This correspondent was unable to find any description of the four men in the white SUV.  Such a lack of obviously useful information does not happen by accident.  Did the men appear to be white? Hispanic? black? Were they wearing Islamic dress, KKK hoods, other?  For some reason, the police, media, and perhaps the Orgen family, are unwilling to tell us.

Orgen and another man were reportedly wearing traditional Jewish hats at the time they were harassed.

The police in Bal Harbour are not Second Amendment friendly. Here is a recent video showing  Bal Harbour police ignoring Florida open carry law

 

Florida is one of only four states which prohibit open carry of holstered handguns in most public places. There are exceptions for camping, hunting, and fishing. The other three states which prohibit open carry are California, New York, and Illinois. South Carolina recently reformed its law to remove a ban on open carry.

Federal law currently prohibits visitors from other states from purchasing hand guns and carrying them in Florida while they are visiting.  The law, in effect, is a conspiracy between the States and the Federal government to keep citizens of tyrannical states unarmed, even when visiting states which have a greater respect for exercising Second Amendment rights.  

It is a direct inversion of the intent of the Commerce Clause, which was to prevent the states from hindering the flow of commerce between the states. 

The visitors from New Jersey were forbidden by law from carrying handguns for their own defense. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

UT: Armed Teacher Stops Kidnapping of 11-Year-Old Girl from Playground

OGDEN, Utah (ABC4) – A 41-year-old man is in custody after allegedly trying to kidnap an 11-year-old girl in Ogden.

Ogden police were called to a local elementary school Tuesday after a teacher was able to stop the attempted kidnapping.

“An employee was watching the kids from the inside and observed the suspect walk up to this 11-year-old girl [on the playground] and put his hands on her in an attempt to take her,” says Lt. Brian Eynon of the Ogden City Police Department. “He ran outside, the employee did, and confronted the suspect. At that same time, the girl had the ability to pull away from the suspect.”

The teacher was able to get all 20 students off the playground and into the school.

Police the 41-year-old suspect, Ira Cox-Berry, then approached the building and began punching the window in an attempt to force his way inside.

That’s when the employee, a concealed carry permit holder, produced a firearm and held Cox-Berry off while calling 911.

More Here

Sunday, May 30, 2021

Followup MT: Rachel Belleson has Murder Charges Dropped Pemanently

A judge in Sanders County, Montana, on Tuesday dropped deliberate homicide charges against a woman who killed her abusive ex-husband, in a surprising win for advocates who argued she should not have to live with the threat of prosecution hanging over her.

Rachel Bellesen, a 38-year-old coordinator at the Abbie Shelter for domestic violence survivors, shot and killed her former husband, Jacob Glace, on Oct. 8 of last year. Bellesen admitted to the shooting but said she did so because Glace, who had pleaded guilty to assaulting her years earlier, had twice attempted to rape her that night.

Prosecutors moved to drop the charges against Bellesen without prejudice last month, claiming they needed more time to review the results of forensic tests. But advocates from the Abbie Shelter argued the charges should be dropped with prejudice, meaning prosecutors would not be able to bring them again at a later date. “An injustice has been done,” shelter director Hilary Shaw told The Daily Beast at the time. “And the right thing to do is to fully vindicate Rachel.”

More Here

NY: Subway Disarm, Wounded Victim Takes Gun, Shoots Robbery Suspect



A robber shot an unsuspecting victim inside a Bronx subway station but the stick up backfired when the victim fought back, grabbing his assailant’s weapon and shooting him in the face, law enforcement sources said.

The 21-year-old would-be robber pulled his gun on a 40-year-old man in the mezzanine of the B/D station at E. 182nd St. and the Grand Concourse in Fordham Heights, said authorities.

More Here

Friday, May 28, 2021

KY: Shooting of Burglary Suspect ruled Justified



The Wallace Avenue homeowner who fatally shot a burglar will not be charged in the incident, a Franklin Circuit Court grand jury decided Tuesday.


According to dispatch records, the homeowner called police at 9:35 a.m. on May 11 to report that someone had broken into his residence in the 300 block of Wallace Avenue and was still inside. While talking to the dispatcher, the homeowner reported he fired one shot with a 9-mm pistol that hit the perpetrator, who was later identified as Stephen Smallwood, 35, of Georgetown.


More Here

TV (Media) Keep Pushing Lies About Guns



Last Friday, anti-Semitic thugs attacked a Jewish family, yelling “Free Palestine!,” “Die Jew!” “F– you Jew,” and “I’m gonna rape your wife.” Fortunately, an armed driver was able to stand between the attackers and the family. You may not hear about many of these stories, but they occur all the time. And there are dozens of cases in recent years where concealed handgun permit holders have stopped what police say would have been mass public shootings. Those would make gripping stories.

But don’t ever expect to see gripping stories like this on entertainment television. For years network television, ABC, CBS, NBC, and Fox, refuse to show even a single successful defensive gun use by a civilian. You would surely never know that people successfully use guns defensively some 2 million times a year.


More Here

Thursday, May 27, 2021

TX: Senate and House Adopt Conf. Com. Report - Constitutional Carry to go to Governor Abbott

Texas Capitol image from wikipedia, cropped and scaled by Dean Weingarten

On 24 May, Monday afternoon, the last significant legislative hurdle for restoring Constitutional Carry to Texas was overcome.

After years of toil, time and trouble, of betrayal and loyalty, of primaries and resignations, a significant Constitutional Carry bill has passed the Texas Legislature and is expected to be sent to Governor Abbott.

HB1927, in its final form, passed the House 82-62, and reported privately to me, passed the Senate on a straight party line vote.

Constitutional carry is a reasonable facsimile of the state of law about the carry of weapons when the Second Amendment was ratified, in 1791. At the time, no government permits were required to carry weapons, openly or concealed, by any State or the Federal government.  That situation remained the state of law for about two generations. 

It is almost certain Texas will become a member of the Constitutional Carry club in 2021.  It will make Texas the 21st state to join the club. There have not been any statistically significant ill effects from Constitutional Carry in any of the previous 20 states. 

HB 1927, in its final form of the Conference Committee report contains some relatively minor amendments wrangled over and included in the legislative process. 

Here are some highlights of HB 1927, as interpreted by this correspondent, who is not a lawyer.

1. Peace Officers may disarm a person at any time the officer reasonably believes it is necessary for the protection of the person, officer or another person. The officer shall return the handgun if the officer determines the person is not a threat, before the person leaves the scene.

2. Peace Officers, in the lawful performance of their duties, may temporarily disarm a person when the person enters a public, non-secure portion or a law enforcement facility, if a gun locker or other secure storage areas is/are provided.  The firearm shall be returned immediately after the person leaves the unsecured area.

3. Persons convicted of illegal possession of a weapon under Section 46.02(a), before September 1, 2021 are :

"entitled to have all records and files relating to the arrest expunged"

Subject to certain time limits and procedures. 

4. Carrying a firearm, if forbidden to do so in public, has a five year mandatory sentence. 

5.  The Department of Public Safety will publish a report on firearm statistics related to the carrying of firearms each year.

6. The department of Public Safety will create a course on firearm safety and handling, available on the Department's Internet site, freely accessible to the public.

7. In order to legally carry without a permit, in public, outside of a motor vehicle, it is required the person has not been convicted of one of the following offenses in the previous five years:

  • Assault with bodily injury;
  •  Recklessly engages in conduct that places another in imminent danger of serious bodily injury (shooting at building or cars, or pointing guns at people); 
  • Make a terroristic threat; 
  • Discharges a firearm in a public place other than a public road or sport shooting range; 
  • Displays a firearm in a public place in a manner calculated to alarm.

8. A person who is a member of a criminal street gang may not carry a handgun on or about their person in a motor vehicle or watercraft. (with exceptions for traveling, hunting, or fishing). 

9. Creates the signage requirement for a 30.05 sign to go with the 30.06 and 30.07 signs. The 30.05 sign is not necessary if 30.06 or 30.07 signs are used. 

The law, if signed by Governor Abbot, will go into effect on 1 September, 2021. 

While HB1927 is not perfect, it removes 90% of the restrictions against Constitutional Carry which existed before the bill passed. 90% of adults will be able to carry, without government permission, in 95% of the places they could not carry before. 


©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 





OH: Cleveland Nightclub Security Guards Evict Man, Shoot Same When he Threatens Them with Gun

Once the scene was secured, police say they learned that the shooting occurred after three security officers escorted a female out of the club. Once outside, police say Sanford brandished a firearm towards security.

Security advised Sanford several times to drop the weapon, the release said. Sanford refused, according to police, and pointed a firearm at security, who shot him.

Officers tried to provide Sanford with aid until medics arrived, according to the release. He was transported to Mercy Hospital where he died.

More Here

MO: Resident Shoots Man who Threatened and Shot at Home

An investigation indicated that a 30-year-old Mexico man was threatening residents of a Breckenridge home several times that day, fleeing before the police could arrive a first time and returning afterwards to shoot at the home.

After one of the residents shot back at the man, he drove from the scene and crashed his car on North Missouri Street. Following these events, the man walked to a nearby house and was driven to Audrain Community Hospital before being transported to University Hospital for further treatment.

More Here

Wednesday, May 26, 2021

Knife Reform Bottled up by Texas Senate State Affairs Committee HB 956)

 

Texas Capitol image from wikipedia, cropped and scaled by Dean Weingarten
 

Why are Texas Senate Republicans slowing a bill supported by most House Democrats?

In 2017, the Texas legislature passed a sweeping knife reform bill. It removed the criminal penalties for carrying most knives in Texas.  Because of a tragic and illegal knife attack on a college campus, at the last minute, amendments were added to the bill to make the possession of knives with a blade over 5.5 inches illegal in a small number of locations. 

This meant numerous people were kept at risk of arrest for using ordinary implements of the job, such as gardeners using knives to trim with or cooks using knives to prepare food in locations where 51% of the income came from liquor sales.

A cleanup bill to remove these restrictions passed the Senate in 2017, unanimously. It passed the House this year, with only two Democrats against it. 

It is in the Senate State Affairs Committee.

During recent testimony at the committee, objections were raised by Senator Eddie Lucio, wondering of any innocent person had ever been victimized by a ban of knives with blades larger than 5.5 inches in such circumstances. 

I recall such an instance, as related to me by college friends of my daughter at Texas A&M university, about 2005. 

One of the members of their "in" group of nerdy computer geeks was at a Science Fiction Convention, in March of the year. He purchased a replica sword at the convention, which was held on campus. 

One of the places 5.5 inch+ knives are still banned is on campus.

He went to class from the convention, and showed some classmates the replica. 

There was some animosity against the group of nerds in the class, and someone in the class called the authorities, an early example of cancel culture. 

The authorities pressed charges based on his possession of the replica sword. 

Being young and ignorant, I recall he agreed to a plea deal, and ended up with a felony conviction. It probably did not help that he has an Hispanic surname. I am withholding the name at present, while attempting to obtain permission to release it. 

When you are young, even if you have a computer degree from an excellent university, such as Texas A & M, a felony conviction with only probation, still limits your life choices.

Senator Lucio said he would support the bill, because of the people who asked him to support it. 

It is not so clear why a Republican majority committee is working to kill a knife rights bill supported by near unanimity. 

There was public testimony on 17 May. You can see the testimony from about 07:45 to 28:00 on the video. The bill was left "pending". 

That is a death sentence for knife law reform this session, unless the bill is voted out of committee. 

It is difficult to see why Republicans would oppose a clean-up bill such as this, which is also supported by most Democrats. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  



MI: Man Attempting Break-in Shot, Killed by Homeowner


FLINT, Mich. (WJRT) - Flint police are investigating after a homeowner shot and killed a 19-year-old man he said was attempting to enter his residence.


More Here

NM: Home Invader Shot after He Returns to Victims Home

According to court documents, James Kennedy threatened to shoot a man in the head outside his apartment, hit him in the head with the gun, then forced his way inside. The man’s girlfriend was hiding inside the bathroom.

Documents state Kennedy demanded the couple’s belongings, and then asked for their car keys.

Kennedy then briefly left the apartment. When he returned, the man was armed.  

The female victim told investigators, "...he raised his pistol as the male ran at him and in fear for his life... he fired multiple shots at the male. He stated he fired seven shots and he began hitting the male with the pistol. He stated the male was trying to get the gun out of his waistband as they fought for the gun."

Kennedy was shot in the stomach, but managed to make it to his mother’s house.

More Here

Tuesday, May 25, 2021

Grizzly Bear Attacks Three Bowhunters Armed with Pistols


Wind River Peak from wikipedia, Chiffre01, 1 August, 2010 CC BY-SA 4.0, Cropped and scaled by Dean Weingarten

On the East Fork of the Wind River, near Lander, Wyoming, three bow hunters were walking to their hunting grounds, bows in hand.  An old boar grizzly suddenly charged them from a few yards left of their approach.

The bow hunters had set up base camp the day before at the East Fork trail head. The next morning, they rode horses six miles up the trail, turned west and rode uphill until the terrain was too steep for the horses.  At about 7:30, they dismounted and continued up the steep slope of the trail on foot, in line. 

The three men had covered about 500 yards from the horses when it happened. They heard loud crashing noises above them to their front left. The lead hunter started to reach for an arrow, thinking it might be an elk. He saw the grizzly coming at them. He dropped the arrow and bow and drew his Taurus .45 1911 semi-auto. He yelled at the bear and started backing away. As the bear saw the two other hunters behind the lead, it momentarily paused, giving him time to rack the slide and chamber a round. The Taurus had eight rounds in its magazine.

The pause was momentary; not a full stop of the charge. The lead hunter was able to start shooting from a range of six feet. The grizzly grabbed the lead hunter by the left thigh and the hunter went down with the bear on top of him. 

As the bear closed with the lead hunter, the middle and last hunters had seen the bear, dropped their bows, and drawn their pistols, a .44 magnum and a 9mm. They started shooting. 

With the lead hunter down and the bear in his lap, he put the .45 against its head and shot his last rounds. The bear went limp. The lead hunter was able to crawl out from under the big bear.

Shortly afterward, the bear was seen to move, and the hunters fired two more rounds into the chest cavity from the side. The hunters estimated they had fired 19 cartridges at the bear; 8 rounds of .45, 6 rounds of .44 magnum, and about 4 rounds of 9mm.

The event occurred on 20 September, 2014. Detailed reports of the incident were discovered in a reply to a Freedom of Information Act (FOID) request about bear attacks. This correspondent has not discovered any detailed reporting in searches of public media on the Internet.

The hunters rode back to base camp. There, they were able to access a cell phone booster in a friend's truck. They made contact with Wyoming Game and Fish (WG&F).  The WG&F warden made arrangements to contact the men the next day, on September 21,  2014. 

Two WG&F wardens interviewed the three hunters and took statements.  They went to the attack scene and investigated. Everything they found collaborated what the hunters had told them. 

At the scene, they collected 12 cartridge cases, including 9mm, .45, and .44 magnum. They examined the bear, which was an old male with worn teeth. The age  of the bear was estimated at 17 years. The wardens found seven bullet wounds in the bear, five of which were from the front, and two of which were from the side. They recovered four bullets from the bear in three different calibers.

Each of the three hunters had hit the bear at least once.  They concluded the hunters has shot and killed the old boar grizzly in self defense. The grizzly had been feeding on white bark pine nuts a few yards off the trail.

The WG&F took the four bear paws and the bear head.

After the reports were filed the Special Agent for the US Fish and Wildlife Service met with the Assistant United State Attorney assigned to the case on 20 November, 2014. They determined the shooting of the grizzly was in self defense, and fell under the self defense exception in the law. It was recommended the case be declined for prosecution. 

On 3 December, 2014, the Special Agent received a letter of declination from the Wyoming United States Attorney's Office, determining the shooting was in self-defense, and thus not a violation of the law. The investigation was recommended to be closed.

The attack appears to have been unprovoked. There were no cubs. The bear started charging the hunters before they became aware it was in the vicinity. The attack started from only eight yards. The hunters were able to draw their pistols and direct effective fire in order to stop the attack.  While the bear had grabbed the lead hunter by the thigh, the combination of clothing, worn teeth, and quick shooting by the victim appears to have prevented the need for hospitalization. 

If their had been any penetration of the victims flesh, some medical treatment would have been necessary. None was mentioned in the FOIA report. All three hunters were interviewed a few hours after the attack. No mention was made of a trip to the hospital.

In the investigative documents, it was mentioned the incident had been posted on facebook, with pictures. This correspondent has been unable to find those posts. 

It is likely most defensive uses of pistols against bears are not reported in public media, especially if no hospitalization of people is required. Readers are encouraged to report any incidents of defensive uses of pistols against bears which are not recorded in the latest update of the database of known and documented incidents.  Send the information to to Dean Weingarten, via AmmoLand.

All incidents which can be documented are included, whether the defensive action was successful or not.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



 


CA: Armed Samaritan Barber Stops Attack on Collegue by Former Employee

An ex-employee of a Riverside barbershop stabbed two former co-workers before being shot to death by one of his victims on Friday evening, May 21, the Riverside Police Department said.

The victims suffered injuries that were not considered life-threatening, Officer Ryan Railsback, a department spokesman, said Saturday.


More Here

WA: Car Owner Justified in Shooting Mental Case who Attacke Him with Club

Officers spoke with a man who said he saw another man breaking into his car. Tacoma police said the car owner shot the suspect during a confrontation.

The suspect fled, but the car owner followed the man and called 911.

The 40-year-old suspect was taken to the hospital in critical condition.

Police said the shooter, 32, was arrested and booked into jail for investigation of first-degree assault. On Tuesday, a spokesman for the Pierce County Prosecutor’s Office said charges would not be filed.

“All indications are that the person whose car was prowled acted in self-defense after being advanced on by the other party, who was holding an object to use as a weapon,” the sheriff’s department said.

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