Wednesday, October 20, 2021

PA: Armed Samaritan Shoots 16-Year-Old who Fired Shots in Mall, Police Investigate

Police said an armed bystander who was in another store and wasn’t involved in the fight heard the shots and then shot one of the people struggling over the gun -- apparently the 16-year-old who initiated the shooting. Police said the 16-year-old was hospitalized for a non-life-threatening gunshot injury.

Police said the armed bystander waited for police to arrive and turned over his weapon. Police said the county district attorney will decide if the bystanders’ actions were legal and justified.


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Tuesday, October 19, 2021

CA: Persistent Intruder Shot, Killed, While Attacking New Home Owners

When deputies arrived, two men in the front of the home said that an unknown man, later identified as 28-year-old Lennin Elizalde, had kicked down the front door and began assaulting them. One of the men then told deputies that he had shot the intruder in self-defense.

Elizalde was declared dead at the scene, the sheriff’s office said.

During the investigation, deputies found that Elizalde had been arrested the day before for breaking into that same home.


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GA: Female Robbery Suspect Shot During Disarm inside Vehicle

Georgia police on Wednesday identified a dead female robbery suspect who allegedly tried to rob two men at gunpoint inside a vehicle but was shot and killed by her own gun during a struggle.

The Warner Robins Police Department said its officers were dispatched at 12:30 a.m. Sunday to the 100 block of Fred Drive and found 21-year-old Kyndal Reynolds with a gunshot wound. Reynolds was transported to Houston Medical Center, where she died.

 Reynolds and another woman, 42-year-old Tywana Antonette Cody, met two men earlier in the night. While all four were together inside a vehicle, Reynolds "attempted to rob the male companions," police said. Investigators believe one of the men attempted to disarm her, and Reynolds was shot with her own weapon during a struggle.

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Monday, October 18, 2021

GA: Armed Resident Defends Disabled Resident from Knife Wielding Intruder


Investigators tell FOX 5 just after 11 p.m. Wednesday the suspect busted into the Dahlia Avenue house. After entering through the window, police say the alleged home invader grabbed two kitchen knives. He then allegedly went into another room and tried to stab a resident who uses a wheelchair.

Another resident opened fire on the suspect, shooting him in the stomach and arm. The suspect was found nearby by officers. Paramedics rushed the injured home invasion suspect to Grady Memorial Hospital. He underwent surgery and was in stable condition as of late Thursday morning.

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Sunday, October 17, 2021

Kyle Rittenhouse hearing 5 October 2021, Expert Witness, Possession of Weapons

 

Top from left of frame: Corey Chirafisi, defense attorney; John Black, expert on reasonable force and video analysis;Karen Howell, Court Reporter

Bottom from left of frame: Bob Willis, prosecution expert witness; Kimberley Motley, representing Gaige Grosskruetz; View of courtroom from Judge Schroeder's bench, left side prosecutor Binger, right side defense attorney Richards.


 

The video of part 1 is a few seconds short of one hour and fifty minutes. Part 2 is another hour and twelve minutes.

The Kyle Rittenhouse hearing on October 5th was primarily about expert witnesses and the motion by the defense to dismiss the charge against Kyle Rittenhouse of illegal possession of a dangerous weapon by a minor. 

A technical term for determining the suitability of expert witnesses is a Daubert hearing.

Judge Schroeder started the hearing by noting there is no report from the prosecution's proposed expert witness, even though he spent some time checking for it over the weekend:   

"Over the weekend, I had been checking periodically for the report by Witness Willis, and couldn't find any, so I left a note for the clerk to contact Mr. Binger and see where the report was, and found out for the first time yesterday, that there is no report. 

Do you want to comment on that?" (Directed to DA Binger).

This correspondent has noted Judge Schroeder has carefully, gently, almost subtly, corrected or admonished DA Binger at several times during these proceedings.  

The lead Prosecutor, DA Binger answered with a carefully scripted reply.

Almost all the players in the courtroom appeared to have a heightened awareness they are on camera, they are being recorded, the recording is live and will be a part of a near permanent record available to the public on the Internet. The exception seemed to be Bob Willis. He is the proposed expert witness for the prosecution. He is located in Milwaukee. He is the only one who seems casual and unconcerned about his appearance.

DA Binger did not have a report from the expert witness, Willis. Binger says Willis has been working on it for the last two months.  Binger said it will be ready on October 18th.  His main argument was no expert witnesses are needed, because the jury instructions make clear the jury is to determine if the accused acted as a reasonable person might act in the circumstances. He claimed they do not need expert testimony to make that decision.

Judge Schroeder then quoted from the record of a previous hearing on May 21, 2021.

Judge Schroeder said the pre-trial minutes from May 21 say the defense will have expert witnesses ready by 8-1, including the report. (Directed to DA Binger)

"What does that mean to you?"

Binger: 'It says the defense will be doing that."

Commentary: 

The adversarial relationship which has developed between the prosecution and Judge Schroeder is exposed in this question and response. Ordinarily, prosecutors work hard to cooperate with judges. Here, Judge Schroeder knows this is a Daubert hearing. Everyone knows it. It is a hearing about expert witnesses. Judge Schroeder expects the two sides to be ready, which is why he calls out DA Binger. 

But Binger has a ready response: That date only applied to the defense. The prosecution was not specifically included in that order. He notes he argued for more time, earlier.

This embarrasses Judge Schroeder, something most prosecutors would avoid. Perhaps there is a strategy here. If Binger can goad Judge Schroeder into a mistake, perhaps the prosecution can have the Judge removed from the case. Judge Schroeder has been very careful, very deliberate, very correct. The leftist activists involved have already called for him to be taken off the case because he refuses to make it a political case.

Judge Schroeder is an old pro. He refuses to be provoked. He sees DA Binger is correct, on the record, and he accepts a new date, only a week from trial, for another Daubert hearing for the prosecution's proposed expert witness, Bob Willis. 

Back to the event

There is considerable discussion about expert witnesses. Judge Schroeder said he is leaning toward allowing John Black as an expert witness for the defense. He saaid he learned things from the report Black submitted, which he, as a judge, did not know before.

Judge Schroeder said the Prosecution has used expert witnesses in prior homicide cases in Kenosha.

DA Binger replied those were police involved cases, where the public had to be informed about police rules and training. Binger cited cases where judges have not allowed expert witnesses in homicide trials.

Judge Schroeder gave a little lecture about judicial discretion in allowing evidence in cases. Judges have wide discretion, he explains. He reminded the prosecution that one judge is not bound by the decisions of another judge in another case; that even the same judge in the same case can change his mind and allow evidence which was previously excluded.

Judge Schroeder: "The judge has enormous discretion on the evidence."

"What Judge Wagner did in an particular case, a ways back, I have no knowledge, is absolutely no precedent for me."

Defense Attorney Richards explained why an expert witness will be useful to the jury in this case.

Judge Schroeder summed up his decision on the expert testimony.

"I am going to open the door to the testimony of Dr. Black. After I hear the presentation by the State, then also to evidence of Mr. Willis when I have more information about it and then I will see what can come in and what cannot."

DA Binger said some of the witnesses for the prosecution have expressed concerns and have received threats. 

He asked that photos and video of witnesses be limited. He asked that photographs or images of witnesses be limited. 

Defense Attorney Richards said he does not know who DA Binger is talking to. He said he does not have much of an opinion on this, but would not want masks on witnesses. 

Judge Schroeder said it would have to be witness specific. The level of comfort of the witness is not the test which will be applied.

The hearing moved to the subject of the defense motion to dismiss the charge of illegal possession of a dangerous weapon by a minor. Judge Schroeder noted it is a "difficult" statute.

Defense Attorney Corey Chirafski did a fair explanation of the somewhat complicated statute. 

He glossed over the exception which eliminates the restrictions for people under age of 18 for ordinary rifles and shotguns. This exception applies to the definition of what are "dangerous weapons" for people under the are of 18. Ordinary rifles and shotguns are not dangerous weapons under the statue.

He explained the parts about hunting do not apply to 17 year old people; that Kyle was 17 at the time, so it does not apply to him. In any case, he was not hunting.

DA Binger claimed the exception in 948.60 3(C) only applies to hunting. He claimed that is the intent of the legislature. But the statute says no such thing.

Defense Attorney Richards offered to supply more legislative history, but he is not sure it will be helpful. Judge Schroeder agreed to look at it and make another decision later.

Judge Schroeder decided he is going to to deny the motion to dismiss the firearms charge for now. He wanted to give more study to this.  He wanted to look at legislative history. For now, motion denied.

Commentary: 

Judge Schroeder stated that people are supposed to be able to read the law and understand it. He said if highly trained and experienced lawyers are having a difficult time understanding the law, then how can ordinary people be expected be understand it? He referenced a potential appeals court. He seems to be concerned the law might be ruled too vague to be constitutional. This correspondent fails to see how the attorneys and the judge can ignore the exception in 948.60 3(C) which exempts rifles and shotguns from the definition of dangerous weapons. The exception is not limited to hunting or to the restrictions in chapter 29. This deserves treatment in a separate article.

The court then heard testimony form Dr. John Black as to his suitability as an expert witness.  This testimony took over an hour for the questioning by the defense. Dr. Black is shown to be eminently qualified, knowledgeable, and very careful in his responses. He showed clear reasons why a person in Kyle Rittenhouse' position would have believed it reasonable to use deadly force to protect his life and/or bodily integrity.

The court then took a break. It is the end of the part 1 video. The part 2 video is 1 hour and 12 minutes long. It shows the part of the hearing held after the break. Almost the entire part 2 deals with the testimony of Dr. Black.


Part 2 of the video starts with the cross examination of Dr. John Black. There is an attempt by the prosecution to show Dr. Black's expertise is only for the use of force by police. The prosecution tries to have Dr. Black agree with certain propositions the prosecution puts forward. Dry Black is a pro, he evades the traps. 

The prosecution tries to have Dr. Black agree that Joseph Rosenbaum was unarmed on the night of 25 October, 2020. Defense Attorney Richards raises an objection, claiming Rosenbaum was armed at some point. 

Dr. Black states he only knows, in the videos he watched, he did not see obvious arms possessed by Rosenbaum. There might have been weapons which he did not observe.

DA Binger argues that skateboards are not weapons, and Huber's use of the skateboard was not as a weapon. 

In later rebuttal, Defense Attorney Richards clarifies with Dr. Black that skateboards can be used effectively as deadly weapons.

 Commentary:

The defense is likely to bring up, at trial, videos exist online, to train people how to use skateboards as weapons, particularly at demonstrations. This site includes a video of a person using a skateboard to smash the rear window of a police car. 

Here is another case where a skateboard was used as a weapon. 

The hearing went reasonably well. While no definitive decisions were made about expert testimony, Judge Schroeder signaled he is likely to allow Dr. Black's testimony. Judge Schroeder denied the motion to dismiss the weapons charge at this point, but indicates the statute is not clear and he is open to additional input from the defense attorneys.

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

Gun Watch

TX: Road Rage, in Houston; Man shoots Driver who Threatened him with a Crowbar

HSCO Lt. Paul Bruce said it appears the two men were driving in the area when one person cut off the other. He said the driver who was cut off got out of his vehicle with a crowbar in hand. 

That's when the gunman fired once, and the other man started hitting the shooter's truck with the crowbar, deputies said. Bruce said the shooter then fired at the man, grazing him in the forehead and hand. 

The shooter then left the scene fearing for his life, and according to deputies, called 911 when he was a few blocks away.

More Here

Saturday, October 16, 2021

AZ: Suspect Accused of Attack on Deputy Shot by Homeowner

TONOPAH, Ariz. — A suspect accused of critically injuring a Maricopa County Sheriff's deputy in Avondale was shot Saturday night. 

Officials said that 30-year-old Clinton Hurley was shot by a homeowner around 6:30 p.m. when he attempted to enter a home near Buckeye and Wintersburg roads in Tonopah. He was airlifted to the hospital after the shooting where he is in critical condition.

Hurley and the homeowner had a "history" and gunfire was exchanged, according to Maricopa County Sheriff Paul Penzone. 

Hurley was wanted by law enforcement after a sheriff's office deputy was found unconscious and bleeding allegedly after an altercation with him on Saturday morning.

More Here

Friday, October 15, 2021

IN: Woman Shoots, Kills Armed Intruder who Claimed to be Police


Home in Anderson where shooting took place


On September 27, 2021, a little after midnight, in Anderson, Indiana, surveillance cameras captured a man lurking around a home on a quiet residential street. 

The address on 8th Street is not far from the university and the police station. The man, later identified as Jeffrey Flowers, was not content to lurk and look in windows. It has been reported he broke into the house through the back door. 

On Fox59.com, prosecutor Cummings states the recordings reveal Flowers pretended to be a police officer. He demanded to know the location of a woman, saying "Where is she?!" and "Where is the money?!". Cummings described the man as wearing a mask over his face.

The resident of the house, a woman, saw Flowers breaking into her home. Police say she retreated to an upstairs bedroom and accessed a firearm. It was reported Flowers threatened to start shooting. Instead, the woman shot and killed him. 

 From fox59.com:

ANDERSON, Ind. — An Anderson woman shot and killed a man suspected of breaking into her home overnight.

911 dispatchers received a call from a female homeowner in the 1300 block of E. 8th Street around 12:47 a.m. The woman told police there was a break-in at the home, and she shot the suspected burglar.

By the time police arrived, they found the alleged suspect dead in an upstairs bedroom.

With home surveillance cameras rolling, prosecutors insist a man forced his way into the woman’s home.

“Neighbors had videos of him parking in front of the residence and looking through windows, ultimately breaking through the door and pulling a weapon out,” said Madison County Prosecutor Rodney Cummings.

Prosecutor Cummings says the suspect could also be heard on video asking for money and pretending to be law enforcement.

After the shooting, the woman ran from the house seeking help from neighbors. The neighbors described what they observed to a reporter. From wthr.com:

ANDERSON, Ind. — Neighbors in Anderson say a woman was going door to door in the middle of the night asking for help after she shot and killed a man who broke into her home early Wednesday.

"There was somebody screaming, 'Help me, help me! Please call the police!'" said Amari Lewis.

Lewis and Caitlin Knox woke up to their doorbell ringing over and over and their neighbor from across the street desperate for help. 

"She was very scared and frantic. She didn't want to go to jail. She wanted to make sure her kids were OK," Lewis said.

No toxicology reports have been released. The neighbors reported the woman said she did not know Flowers. This may be a case of the wrong address and/or the influence of drugs. This correspondent has read of many cases where people on meth, alcohol, or other drugs have committed stupid and dangerous crimes under the influence. 

Prosecutor Rodney Cummings illustrated the changing attitude toward defense of self and others, especially in your own home. From fox59.com:

“In your home is probably the most protected place you can be,” said Cummings. “If you’re breaking into someone’s home in the middle of the night, if you don’t get shot or killed you should feel fortunate.”

A defender who forces the attacker to come to them has many advantages. They can be behind cover. They have the advantage of surprise, where the aggressor has to look for and locate them. Legally, when you have retreated to a defensible position, it strengthens their case for self defense.

As nations around the world have trended toward authoritarian, the United States stands out as one where defense of home, one's self, and others, is enshrined in law and the public mind as morally just and acceptable. 

The investigation in Anderson will continue. The purpose should be to insure the initial impressions are consistent with the physical evidence and personal history of those involved. 

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

Gun Watch

MD: Homeowner Shoots, Kills Intruder who Broke into Home


A homeowner in Poolesville fatally shot a man inside his home Monday morning as he was on the phone with 911 reporting a burglary, Montgomery County police said.


Around 9 a.m., the homeowner called the county’s Emergency Communications Center (ECC) to report that a man was trying to break into his home in the 18000 block of River Road, which runs through Montgomery’s relatively spread-out western area.

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IA: Bail Jumper Arrest by Bondsman turns Violent

CEDAR RAPIDS, Iowa (KWWL) - Cedar Rapids Police are reporting that a man being taken into custody was shot by a bail bondsman as he was attempting to escape, and also hit a bondsman with his car.

Around 4:50 p.m. Friday, two bail bondsman were attempting to take 40-year-old Richard Hamilton Jr. into custody near the Dairy Queen at Wilson Ave. and Bowling St. SW.

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Thursday, October 14, 2021

Grizzly Attack on Moose Hunters Found with FOIA Request


 

This is one of a series of detailed accounts of bear attacks found with Freedom of Information Act (FOIA) requests by AmmoLand. The author believes this is the first publication of this account.

On September 7, 2010 a pair of out of state archery hunters were stalking moose in a remote part of Wyoming out of Pinedale. The area is known as Horse Creek. They were attacked by a large boar grizzly bear. Fortunately, they were able to shoot the bear and stop the attack.

In the morning, one of their guides had been scouting the area. He had seen two bull moose and what he thought was a large black bear. When he told the hunters about the moose and the bear, the guide mentioned he had a black bear tag. He asked the archery hunters if they would mind him taking a gun along in case they saw a black bear to be harvested. The gun belonged to the lead guide.

The gun was a Marlin lever action rifle chambered in .450 Marlin, sporting iron sights. It was loaded with four rounds of ammunition. It is not clear if the guide carried any additional rounds. It was reported the lead guide took the rifle from a saddle scabbard and handed it to the guide.

The hunters were able to spot two moose, one of which was a bull. They proceeded to stalk the bull. They stalked to withing 60 yards, but the wind changed, the bull winded them, and walked away through the burned out timber. They decided to go back to the horses to see if they could get downwind of the moose for another try.  It was about 2 p.m.

As they cautiously worked their way through the dense cover, they passed near where the guide had seen the bear. They did not see the bear. Suddenly, the guide heard a roar and turned to see a bear charging from his left, very fast and very close. From the report: 

I hear a big roar. As I looked I saw a bear charging, he was coming very fast and was very close.  I acted all on instinct and knew I only had 1 chance. I shouldered my rifle and shot at the bear which was way close, probably 10 feet. My bullet hit him and he sorta rolled but was still clearly alive and moving so I shot again. I had backed up 3 to 4 steps and he was still wanting to get up so I placed my shot in the neck.

The lead guide reported he was shouting "Hit him again!" after the first shot, then "Hit him again! after the second shot.  The attack was stopped.



The adrenaline aftermath set in. The guide who shot had kept his calm as the attack occurred. Shortly after, he felt nauseous; his legs started to shake so much, he had to sit down. 

Many hunters have experienced variations of this. In Wisconsin, it is called "buck fever". This correspondent recalls similar reactions after shooting his first buck.

When they saw the dead bear, they discovered it was a grizzly. This immediately changed their plans. The lead guide, who owned the rifle, told everyone not to touch anything. He told them not to even take a picture. (This correspondent believes taking pictures is a good idea, to preserve evidence) They left the area to return to where they had cell phone coverage. They reported the incident to the Wyoming Game and Fish office in Pindale, Wyoming. The Game and Fish officer was able to receive the report less than two hours after the attack.

The next day two wardens came out to investigate the incident. They accompanied the lead guide back to the location of the attack. They investigated the area, took pictures, and performed a field assessment of the gunshot wounds. They found two bear day-beds 45 feet from where the men were attacked. 

 


Two cartridge cases were recovered. It wasn't clear if the third case had been ejected. The bear had been hit with all three shots. The first shot hit the bear in the back over the top of the head, about two inches right side of the spine. The second shot hit the bear in the middle, about six inches down from the spine. The third shot hit the bear in the neck, from the side. The bear was in good condition with about three inches of fat over the rump.

The wardens interviewed the hunters separately. One of the hunters had bear spray in a fanny pack. The fanny pack had been left with the horses. 

Given the speed of the encounter, it was unlikely a hunter would have been able to drop a bow and access bear spray from a fanny pack in time to be of use. 

The hunters all agreed to give written statements to the wardens for their investigation.

The physical evidence and the written statements were consistent with the verbal account. The wardens secured the bear head and four paws as evidence.

A report of the incident was forwarded to the the US Fish and Wildlife service.

On September 27, 2010, a letter of declination to prosecute was signed by the Assistant United States Attorney, Darrell L. Fun, because  no crime had been committed. The letter was sent to the Fish & Wildlife Service in Lander, Wyoming. 

It is not clear when, if ever, the hunters and guides were informed of the decision.

Both guides noted it was fortunate they had decided to take the rifle with them.

This points out the advantage of a pistol over a rifle. Pistols are designed to be worn on the person. A pistol you have with you is far superior to a rifle left in a scabbard.

Pistols can be very effective in such scenarios as this. It is a very similar attack to what happened in Alaska in 2018, when Jimmy Cox stopped a charging grizzly with a 10mm Glock at 10 feet.

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

Gun Watch


LA: Armed Woman Shot Back at Armed Robber, Wounded Him

A man who robbed and shot at a woman who was selling him an Xbox fled and was arrested after she managed to wound him with her own gun, Baton Rouge police say.

Police issued an arrest warrant for 20-year-old Dane Johnson on Sept. 29, the day after the shooting. He was booked Wednesday evening on counts of attempted murder and armed robbery.

Authorities responded to a report of a shooting at Willow Bend Apartments, 11070 Mead Road, around 8:10 p.m. on Sept. 28, according to the affidavit. Upon arrival, they found shell casings and the victim inside her home.


More Here

GA: Homeowner Shoots Intruder During Confrontation, is Wounded during Altercation

UPDATE: Homicide detectives were able to determine that the surviving victim was the homeowner at the residence. The investigation found that the decedent entered the home through a window and then attacked the homeowner when confronted. The homeowner shot the decedent. The homeowner sustained also sustained a gunshot after shooting himself accidentally during the incident. The homeowner remained at the scene and was cooperative with the investigation. No charges are anticipated in this case.


More Here

GA: Domestic Defense; Father shoots Daughter's Boyfriend to Stop Attack

The Habersahan Sheriff's Office reports 55-year-old Corey Merchant shot 26-Year-old Justin Rachal to stop an attack on Merchant's daughter. There were significant injuries to the daughter. After the initial investigation, charges were dropped against Corey as the shooting appeared to be justified in defense of his daughter.

 

More Here

Wednesday, October 13, 2021

NICS September, 2021, Gun Sales Continue Trend to Second Highest Year

 
In the continuing trend for gun sales measured by the National Instant background Check System, (NICS), September 2020 was the second highest in the history of NICS, coming in behind last years record number of about 1.61 million. September of 2021 had about 1.31 million gun sales recorded.

In 2019 the gun sales were less than a million, about 974 thousand guns sold in September. 

The number of gun sales traditionally picks up in September as hunting seasons are opening and approaching. This probably accounts for the converging numbers of handgun and long gun sales.
 
Handgun sales were about 681 thousand, long gun sales were 515 thousand. There were about 57 thousand "other" sales. "Other" can be anything from an unassembled receiver which could be made into either a handgun or a long gun, or a generic "firearm" such as the Mossberg Shockwave. There were about 24 thousand sales with multiple firearms on one form.

In the formulation to estimate total sales, this correspondent assumes 2.5 firearms per multiple sale.

Uncertainty in the world, in the federal government, concerns about the ongoing COVID19 pandemic and lack of trust in governmental institutions all are likely contributing to the ongoing demand for firearms in the United States of America.

The United States stands out, with the Second Amendment, as one of very few countries where the right to keep and bear arms has not been denigrated and emasculated to a mere privilige, doled out to those who the local government trusts and is willing to allow to be armed.
 
Even 35 years ago, it was simple and relatively easy for Australians and Canadians to obtain rifles and shotguns, with almost no restrictions. The same could be said for Costa Rica and Switzerland. Politicians in England started distrusting their people after World War I, fearing a Bolshevic style revolution. The contagion spread to the rest of the world.
 
With the first three quarters of 2021 in the bag, the trend is for 19 million gun sales to be recorded in the NICS system by the end of the year. That would mean about 481 million private firearms in the United States, up from about 308 million private firearms at the start of President Obama's first term in 2009.

The limitations on sales in the United States appear to be limitations imposed by industrial capacity to produce arms and ammunition, rather than by demand. Prices continue to be high, with few arms sold below retail. 

Ammunition may be the most critical factor. It is much easier to start manufacturing firearms than to start a major ammunition manufacturing plant. Ammunition is not difficult to make a few rounds at a time in a home workshop; it is much harder to make safely in a mass manufacturing plant which can compete, even at today's inflated prices.
If a person cannot find ammunition available, they very likely will delay purchasing a firearm. As Rudyard Kipling wrote in Kim:
 
Of what use is a gun unfed?
 

Record numbers of Americans fear a second Civil War. Record numbers consider a break-up of the United States a possibility. 

With those scenarios in mind, the record number of guns being sold in the last two years are easily understandable.

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

Gun Watch




 
 

OH: Apartment Resident Stops Home Invasion with Gunfire

A suspected intruder was shot and killed during an attempted home invasion at an apartment complex in Gahanna, Ohio, Sunday night, police said.

A resident in the 800 block of Falcon Hunter Way called 911 to report a shooting around 8:31 p.m.

The man reporting the incident told police someone knocked on his door and upon answering it, a man with a gun tried to push his way in. That's when the man living in the apartment said he shot the suspect and observed a second man take off running.

More Here

KS: Homeowner Shoots man who was Breaking Windows

Wichita police report a homeowner shot a man who was breaking the windows on his house.

Officers were called to a home in the 2500 block of East Wilma, near Harry and I-135, around 7 p.m. Monday. Responding officers found a 40-year-old with a gunshot wound, and he was sent to a hospital with critical injuries. As of Tuesday morning, there has not been an update on the man’s condition.

g.

More Here

PA: Domestic Defense? Man Wounded while Attempting to Break in to Woman's Apt.

A man was shot at while attempting to rob an apartment in Harrisburg, according to Swatara Township police.

Lareese Rashshawn Dean, 33, of Harrisburg, was found with a wound to his left arm outside an apartment complex he was attempting to rob on Tuesday, police say.

A shooting was reported at Chestnut Pointe apartment complex located at 3655 Chambers Hill Road at 6:22 p.m.

More Here

Tuesday, October 12, 2021

D.C.: Judge Holds D.C. Government Liable for Violating Second Amendment Rights


 

On 15 May, 2015, a class action lawsuit was filed against the government of the District of Columbia, for violating the constitutional rights of people who had been arrested before the  Wrenn case was decided on July 25, 2021. The lawsuit was brought under the 1983 Civil Rights Act.

There originally were 10 claims. Judge Lambert struck down seven of those claims in May of 2019 in a memorandum and opinion

Three claims, numbers I, III, and VI remained. On September 29, 2021, Judge Lambert granted summary judgement for the plaintiffs on claims I and III, and granted summary judgement for the defendants (the District of Columbia) on claim VI.

Summary judgement for the plaintiffs on claim number I, the Second Amendment reads:

In sum, the plaintiffs were arrested, detained, and had their guns seized under a gun control regime that completely banned carrying handguns in public. That fact is undisputed.

Accordingly, this Court finds that there is no genuine dispute of material fact as to the District's liability on Claim 1. Construing the facts most favorably to the defendants, the District violated the plaintiffs' Second Amendment rights by arresting them, detaining them, prosecuting them, and seizing their guns based on an unconstitutional set of D.C. laws. This Court will GRANT plaintiffs' motion for a partial summary judgement and DENY the District's motion for summary judgement as to liability on Count 1. 

Claim number III, the Fifth Amendment claims, were about equal protection rights and the right to travel. Judge Lambert granted summary judgement for the plaintiffs on these points as well.  From the decision:

B. There is No Genuine Dispute of Material Fact Regarding Plaintiffs Fifth Amendment Claims, and No Reasonable July Could Find for the District

Judge Lambert applies some excellent logic here. In short, the equal protection claims apply because the Second Amendment is a fundamental right, and the District of Columbia treated residents and non-residents very differently. Residents had the potential to obtain a permit, even if difficult. Non-residents did not have that option.

Judge Lambert notes the right to travel applies because non-residents were categorically denied the right to travel with firearms.

Unfortunately, Judge Lambert falls short when analyzing claim number VI, the Fourth Amendment claims.  Judge Lambert writes, on page 18

It is undisputed that basic registration requirements are constitutional. See Wrenn, 864 F.3d at 677 ("[T]raditional limits include, for instance, licensing requirements.")
This is poor analysis. Licensing applies to people. Registration applies to firearms. Your car is registered. You are licensed. Licensing does not lend itself to government confiscation nearly as readily as registration of firearms does. There have been licenses to carry for a considerable period in a considerable number of states. This is not true for registration of firearms, which is far more recent, uncommon, banned by federal law, and by state law in eight states. From Wrenn page 29:

At the Second Amendment's core lies the right of responsible citizens to carry  firearms for personal self-defense beyond the home, subject to longstanding restrictions. These traditional limits include, for instance, licensing requirements, but not bans on carrying in urban areas like D.C.or bans on carrying absent a special need for self-defense.

Registration of guns illegal in several states. It is not certain all the victims of the District of Columbia's unconstitutional gun control scheme could get their property back by showing gun registrations, when registering a gun may be illegal for some members of the class action lawsuit.

The three specific laws mentioned in the class action lawsuit have been repealed. From thehill.com:

The three gun laws that the six plaintiffs were arrested under have all since been repealed.

William Claiborne, the attorney for the six plaintiffs, told The Washington Post that they “are very happy with the ruling, which completely vindicates their claim that they had a constitutional right to carry their handguns in public for self-defense.”

The District of Columbia continues to have some of the most restrictive firearms laws in the nation. Open carry is prohibited outside the home or a place of business, according to The Hill. A license is required to carry at all.  There are numerous "gun free" zones. 

Analysis: the most interesting part of this decision is the precedent that governments can be sued for damages, stemming from infringements of Second Amendment rights under the 1983 Civil Rights act, and those rights are intrinsically wound together with the right to travel and equal protection under the law. 

The decision could be appealed, but it may not be, by the District of Columbia. The Wrenn decision was not appealed. Those who want a disarmed population feared it would be upheld at the Supreme Court, establishing precedent for the nation, instead of merely the District of Columbia. 

The same fear applies in this case, more emphatically, with two new Supreme Court Justices appointed by President Trump, on the Court, since Wrenn. 

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

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Monday, October 11, 2021

AL: 93-Year-Old Stops Burglary in Progress, Leading to Arrest of Carreer Criminal

Jordan was charged with second-degree and third-degree burglary, as well as second-degree and third-degree criminal mischief.

He is currently being held in the Covington County jail without bond for probation violation.

The investigation is still ongoing.

“The victim protected himself and his property from a career criminal. The victim was at a disadvantage physically, but his weapon enabled him to protect himself. The investigation revealed that Jordan fled the residence because the homeowner had armed himself. Thank God this had a good ending, and the victim should be commended on his courage and quick thinking,” Turman said.

More Here

WA: Man Shoots 2 of 3 Burglary Suspects

The woman called 911 and the man got a gun and went and spoke to the two men and a woman in his yard, a blotter post said.

The man told police that he fired his weapon after one of the suspects came toward him carrying a handsaw.

When police arrived, they found a 53-year-old female suspect with a gunshot wound to her abdomen. She was taken to Harborview Medical Center for treatment.

A 59-year-old man was arrested at the scene.

More Here

Sunday, October 10, 2021

Two National Firearms Surveys in 2021 Cause Confusion

 

Images of announcements of different 2021 National Firearms Surveys

Two different National Firearms Surveys were completed in 2021. One of them was done by Dr. William English of Georgetown University. He published a draft of his study in July of 2021. This correspondent wrote about the results in a previous article. A different 2021 National Firearms Survey was designed by Deborah Azrael and Matthew Miller, as reported in thehill.com, had preliminary results obtained by the Wall Street Journal

Both surveys are the latest version of previous surveys. The English survey is much larger than the Azrael - Miller survey. 

This correspondent received confirmation of the confusion from Dr. English:

As you surmised, there are two different surveys. The one I ran was separate from and much larger than the one by Azrael and Miller, and it looks like we focused on some different questions. I believe their team has done a version of their survey in a few earlier years as well. It appears that neither of us thought up a more creative name than "2021 National Firearms Survey" to publish our initial results for this year, which has understandably been a source of confusion.

Neither of the 2021 National Firearms Surveys (NFS) have been released, in their full form, with all data, to the public. From the limited information in the draft released by Dr. English and the coverage of the information obtained by The Wall Street Journal, and published in The Hill, it appears the surveys have somewhat different areas of focus.

The English 2021 NFS has much more information about defensive gun uses than does the Azrael and Miller 2021 NFS. Azrael and Miller have much more information about when people purchased firearms. The English survey starts with over 54,000 contacts. The Azrael survey appears to start with over 19,000.

One finding from the English NFS supports a reported finding from the Azrael & Miller NFS. The English NFS shows 42% of gun owners in the United States are female. The Azrael & Miller NFS shows 3.5 million of 7.5 million new gun owners are women, or 47%. It is a reasonably close agreement. 

The 2015 survey done by Asrael, Hepburn, Hemenway, and Miller only showed 27% of gun owners were women, and 73% were men.  The 2015 Survey estimated the percent of gun owners in the United States at 22 percent of adults, which is significantly lower than several other surveys. Both the 2015 survey by Azrael and the 2021 survey by English show an average of 5 firearms per firearm owner.

The much larger 2021 NSF by English shows the percentage of adults owning guns in the United States at 32%. Add in those who own firearms and do not respond to surveys about firearms; the number is almost certainly more than one third.

To determine how far apart the two 2021 National Firearms Surveys are on basic numbers, such as how many firearms are in the United States, and how many people own firearms in the USA, we will have to wait for the release of the full surveys.

When released, their survey questions and methods used to conduct the surveys should be available to the public for comparison. 

Under the Second Amendment of the Bill of Rights, national registration of firearms is illegal in the United States. Several states also make state registration illegal. A small number of states require registration of all firearms, with a few more requiring registration of particular types of firearms. There is no official count of legally owned firearms in the United States.

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

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SC: No Charges for Sumter Woman who Shot, Killed Intruder

No charges are expected after a Sumter woman shot and killed a man who entered her home and attacked her early Saturday morning. Sumter police said in a Facebook post that Eugene Rhinehart III, 31, was transported to Prisma Health Tuomey Hospital with a gunshot wound, where he later died. Police say Rhinehart entered the woman’s home on Robney Drive around 4:15 a.m. through an unlocked door, and then began punching a 43-year-old woman inside the house.

More Here

Saturday, October 09, 2021

FL:Miami Store Owner Killed, but Fired Back at Armed Robber

“He was carrying with him a lunch bag,” CastaƱeda Jr said. “I believe he used to put money in the lunch bag of what was done that day, how much he accumulated of sales.”

CastaƱeda Jr. says his father fired back but the robber managed to escape quickly with a person waiting in a white sedan.


More Here

OH: Armed Victim is Wounded, Shoots, Kills Assailant

Prior to heading into surgery, the 36-year-old man told investigators the other man had approached him and shot him in the leg. The man, who police say is a CCW permit holder, fired shots in return, fatally wounding the man. 

Police recovered two handguns at the scene. The investigation is ongoing, but there have been no charges filed at this time. Police have not yet identified the suspect. 

More Here

Friday, October 08, 2021

WI: Judge in Rittenhouse Case Denies Prosecution and Defense Motions

 Rittenhouse hearing in Kenosha, Wisconsin, September 17, 2021

 

On August 25, 2020, Kyle Rittenhouse was at the scene of the Kenosha riots. In the next few hours, he scrubbed grafitti, offered first aid, was threatened, was attacked, and shot three people in claimed self defense. The situation has been covered in depth at AmmoLand. A good summation of the actions that night are here. Kyle was charged by local prosecutors in spite of voluminous video evidence of his legitimate self defense claims. Eventually supporters raised two million dollars for bond in Wisconsin.

On Friday, September 17, 2021, there was an evidentiary hearing in Kenosha, about what will be allowed as evidence in the trial of Kyle Rittenhouse. Jury selection is scheduled to start on November 1, 2021. The hearing may be seen on YouTube. The video is two hours and 36 minutes long.

Youtube link to video

The hearing was held by the Honorable Judge Bruce E. Schroeder. The view seen is from the bench. Seated at the table on the left of the screen  are the prosecutors.  DA Thomas Binger is in the blue suit, wearing glasses. On the right of the screen is the defense table. Defense attorney Mark Richards is on the aisle side of the table in the black or very dark blue suit; defense attorney Corey Chiriafsi is in the grey suit in the center of the table; defendant Kyle Rittenhouse is on the far side from Richards in a blue suit.

Judge Schroeder is considering several motions for evidence to be admissible at  trial by prosecutors and defense. Both sides have presented their arguments to the Judge, in writing, before this hearing.

On video, both sides give a preview of what their case will look like at trial. Several facts are mentioned which this correspondent has not seen in previous coverage.

DA Binger  attempts to show Kyle Rittenhouse as a "teen-age vigilante" with a pre-disposition to shoot people. Binger claims Rittenhouse is from outside the community, and came looking for trouble. Binger claims Rittenhouse was "armed with an illegal weapon." 

Defense attorney Mark Richards counters with statements Kyle had a job in Kenosha as a lifeguard, and Kyle's father lives in Kenosha. Richards says he has not found any evidence, after an intense search, that Rittenhouse had any interest in or knowledge of militias or any racist organizations.  Richards:

"All three of these people shot were chasing Kyle Rittenhouse. All of them. That is not debatable."

The prosecution wants to include a fight between Kyle's sister and another girl, which happened 2 months before the Kenosha riots, where Kyle stepped in on the side of his sister. The defense says:

"The probative value of this is substantially outweighed by its prejudicial value."
Judge Schroeder: 

"No connection to these two events at all." 
Judge Schroeder denies the  prosecution is the use of the event in court.

The next motion is about evidence of an event after Kyle is released on bond. 

Rittenhouse goes to a bar to celebrate. At the bar are members of the Proud Boys in Wisconsin. This is four months after the events of August 25. The prosecution attempts to claim this association has some bearing on the state of mind of Kyle Rittenhouse, four months earlier.  The prosecution claims the Proud Boys is a far right, racist, violent organization, based on a newspaper article.  Judge Schroeder makes extensive comments about the situation. Here are some:

"I don't think it is for the court, except in most appropriate circumstances, to be making determinations, and certainly not on the basis of an article in a newspaper in Seattle, about what an organization is." 

"It is an unfortunate fact that this case has become a surrogate for a lot of emotional reaction that has nothing to do or little to do or nothing to do with the issues of the case, but if then the accused is ensconced, which can send him to prison for life, and he encounters some people who embrace him and start to, can we take pictures with you and somehow make him feel better about himself; and he reacts by smiling with them and taking some pictures; for me to let that in as evidence, of a motive that existed, four months earlier? Can't see it. Absolutely not. I would expect to be reversed if I did that."
"I am not interested in these accusations about group responsibility, unless it is directly connected that the defendant is active in the criminal enterprises of the organization."

"Pope Benedict was a member of the NAZI youth, because he had to be. This type of evidence is very dangerous. You make some points that might be legitimate. I certainly will keep the door open, if you can show that there was any connection between the defendant on the day in question and this organization."

Judge Schroeder's use of "on the day in question" refers to the events of August 25, 2020. 

The defense wishes to enter evidence the first man shot by Kyle, Joseph Rosenbaum, was a convicted felon. Mark Richards claims Rosenbaum had a motive to steal the rifle Kyle Rittenhouse was carrying because he could not obtain one legally. The defense mentions Rosenbaum was heard saying (in evidence revealed by discovery from the prosecution) "I just got out of jail, and I am not afraid to go back."  

Judge Schroeder found this of interest. DA Binger denied the statement is decipherable. 

Judge Schroeder refused to allow the evidence of Rosenbaum being a convicted felon to be entered at the trial.

The prosecution did not endear itself to Judge Schroeder over the issue of a list of witnesses, which the defense is entitled to, as a matter of law.

The prosecution provided a potential witness list of 175 witnesses to the defense.  The defense complained it was too many witnesses, citing precedent. The Judge agreed. The prosecution narrowed the list to 27 possible witnesses. The prosecution did not provide the addresses of the witnesses. The prosecution does not want to make a public filing in court, to avoid witness intimidation.

Judge Schroeder asks defense attorney Mark Richards if he was satisfied. Richards says he could deal with 27 witnesses, but he says, the prosecution had not provided the addresses. Then defense attorney Richards states:

I was told by Mr. Binger, they are in discovery, find them.

Judge Schroeder to DA Binger: Is that true? 

DA Binger:

I emailed Mr. Richards yesterday. I gave him a narrowed down list, I said the addresses that we would be providing to him would require us to go through the same 400 plus pages of police report...

Judge Schroeder: (interrupting) What does the statute say?

DA Binger:

The statute does requires us to provide addresses in a written filing with the court. 

Judge: (Interrupting)  Well, I can expect that will be done by Monday at five. 

DA Binger: Would you like us to file with the court? 

Judge Schroeder: 

 I understand your desire to keep this from being filed. If the defense objects, we can discuss about it. No, you can do what you did, but you need  to send to him the addresses. 
By five o'clock, Monday.
The prosecution wants the defense to provide lists of people who had donated to Kyles defense fund. Judge Schroeder says he does not have the authority to order a third party to provide a list to the defense to give to the prosecution.  

The motion was denied.

There was some discussion of expert witnesses, which was deferred to later.

The prosecution wished to have admitted, as evidence, video of Kyle Rittenhouse, two weeks before the riots in Kenosha, commenting on watching people loot a CVS in Chicago. Defense Attorney Corey Chirafisi, reiterates Rittenhouse took no action, it was merely words, and should not be admitted.

At about 1:47 on the hearing video, DA Binger makes a startling revelation. He says Rittenhouse does take an action at the CVS looting. Rittenhouse calls 911. From DA Binger: 

"There is an actual action he takes at the CVS incident, and that is, he does call 911, using his personal cell phone."

At about 1:50 in the hearing video, Judge Schroeder, after the prosecution finishes, says: "I think I heard now, for the first time, that he called 911."

That neither the Judge or the defense team knew this before is amazing. All prosecution evidence should have been made available to the defense team long ago.

 Judge Schroeder says, in differentiating the two incidents, about Kenosha, "you could call 911 all you wanted, there was no law and order. "

DA Binger continues his attempts to justify including the CVS incident as evidence at the trial. Then DA Binger makes revealing comments about the rifle Rittenhouse was carrying.

At about 1:59, Binger talks about the rifle. To this correspondent, Binger seems to be making the case for the defense.  It is difficult to see this as a prosecution argument.

DA Binger:

"He was running around with a assault rifle type weapon, a very threatening,  aggressive weapon. One that deters people, it is designed to deter people. It is designed to threaten others; to let them know, don't mess with me, look what I've got.  Other people that night are carrying around semi-automatic pistols, Glocks, which you can conceal and hide. Other people can't see it.  It is not designed to tell people to go away. It is not designed to tell people to leave me alone. You carry around an assault rifle like this you are sending that message to other people. That is what the defendant was doing."

The defense picks up the revelation that Kyle called 911 at the CVS incident.

At about 2:02 Defense attorney Chirafisi: 

"I was unaware that Mr. Rittenhouse had actually called the authorities on the August 10th date."

Binger continues to try to convince Judge Schroeder the CVS video should be included as evidence.

At about 2:06 in the video, DA Binger states the FBI made an infrared video from an orbiting plane which shows Rittenhouse running after Mr. Rosenbaum.  Binger says the defense was made aware of the video on 3 May, but he does not believe defense attorney Richards has seen it.

Binger claims there was a confrontation between Rittenhouse and Rosebaum, He claims Rittenhouse was chasing Rosenbaum. The defense has not seen this FBI infrared video.

Judge Schroeder says the events are too dissimilar for the CVS incident to be included as evidence, but he will not make a final decision at this time, pending seeing the video evidence, which he has not viewed.

The Prosecution then makes a claim about a defense motion to dismiss the charge of illegal possession of a firearm by a minor. The defense is probably calling the attention of the judge to the structure of Wisconsin statute 948.60, with regard to possession of rifles and shotguns by minors.

To this correspondent, DA Binger appears to misstate the statutory law.

DA Binger appears to ignore Wisconsin statute 948.60 (3)(c), which excludes most firearms from the law. 

Judge Schroeder agrees to send the brief by the prosecution, about the firearms possession issue from the Dominick Black case, to the Rittenhouse defense team, which has not seen it before.

Judge Schroeder says he will take the issue of legal possession of the firearm under advisement. He has not considered it in either the Rittenhouse or Black cases, as of September 17th, 2021.

Judge Schroeder has required DA Binger to read or refer to statutes at least twice at other points in this case.

Many have wondered if Dominick Black would be charged with the straw purchase of the rifle, under federal law.

Earlier, DA Binger noted Kyle Rittenhouse's access to the rifle was limited. It was stored in Wisconsin. Rittenhouse had only shot the rifle one time prior to August 25, 2020. 

This makes federal prosecution of Dominick Black for a straw purchase of the rifle unlikely, as the rifle was never permanently transferred to Kyle Rittenhouse. It is permissible to loan a rifle for a limited time and purpose, without transferring it through a federally licensed dealer.

Both the prosecution and defense agreed they would be ready for a November 1 start of trial. 

There is an issue about the use of questionnaires for jury selection. 

 The judge states he did not like to use questionnaires during jury selection. Judge Schroeder said no questions will be allowed about gun ownership, gun possession, or membership in a particular organization.

He said: "This is not a political trial, it is not going to be a political trial."

Both the defense and prosecutors want to use questionnaires for jury selection.

Because both prosecution and defense attorneys want questionnaires, the Judge Schroeder said he will take the use of questionnaires under advisement. 

Judge Schroeder makes comments on media coverage of the Rittenhouse case:

"There has been some grossly irresponsible misreporting on a few occasions about what happened in this case."

 "The case should not be tried in the media."

If you are following the case closely, it is worth taking the time to watch the entire two hour and 36 minute hearing. 

Coverage by other national media was extremely limited. There is much detail in the video. It would require tens of thousands of words to completely cover it in a written article.

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

Gun Watch


Thursday, October 07, 2021

GA: Domestic Defense? John Townley, Hatchet, Two Men, one Woman

On October 2, 2021, at approximately 8:44PM, the Athens-Clarke County Police Department responded to a shooting at a residence in the 200 block of Morton Avenue. Upon arrival, officers located a 30-year-old female and a 31-year-old male, both of whom had been shot. The initial investigation indicates that John Townley, 31, arrived at the Morton Avenue address that was occupied by Laura Townley, 30, and Zachary Anderson, 32, of Dunwoody, GA. Shortly after Mr. Townley arrived at the residence, there was an altercation between Mr. Townley and Mr. Anderson involving a hatchet. At some point during the altercation, Anderson fired several shots from his firearm. As a result, Ms. Townley and Mr. Townley were struck. Both were transported to a local hospital. John Townley died as a result of his injuries. Laura Townley sustained serious injuries and is expected to survive.

More Here

John Townley was wielding the hatchet. Laura had been John's wife, but was estranged and/or divorced. The relationship between Laura and Mr. Anderson is uncertain.

More at foxnews.com

Wednesday, October 06, 2021

September, 2021 Gun Turn-in at Westchester Co., NY, Nets 57 guns. Rome Next.

Image from New York Government Press Release

On September 16, 2021, the Government of New York State hosted a gun turn in event in New Rochelle, New York. Monetary rewards were offered for guns turned in. These events are typically labeled with the Orwellian phrase "buyback", but the government cannot "buyback" items it never owned. From lohud.com:

Guns can be turned in for money in New Rochelle Friday with no questions asked.

The state Attorney General's Office, New Rochelle police and Westchester County District Attorney's Office are teaming up on the gun buyback program, with assault rifles fetching $250, handguns $150, rifles and shotguns $75, and non-working and antique guns $25.

The event is from 11 a.m. to 2 p.m. at Bethesda Baptist Church, 71 Lincoln Ave., New Rochelle.

Payment will be made in the form of prepaid debit cards. Each person who turns in an operable handgun or assault rifle will also receive a free iPad.

From the image, there appears to be 22 pistols (7 revolvers, 15 semi-autos), 26 ordinary long guns, including 2 collectible military bolt action rifles, and two HK91 or similar clones, perhaps made from kits. The picture may have been taken before the event was finished.

There have been numerous academic studies showing these events do not decrease crime or suicides. The most rigorous and largest study showed a slight increase in  crime committed with guns in the two months after these events. From a previous article:

Moreover, during the first two months following the gun buyback, we find that a GBP is associated with an increase in incidents of firearm-related crime. The 7.7 percent increase in gun crime we detect in column (4) is relatively modest, suggesting at most, two additional gun crimes.24

The press release by Attorney General Leticia James' office shows numerous false assumptions. From the New York Government press release:

 “Every gun that was brought in today will make our communities safer,” said Westchester County District Attorney Miriam E. Rocah. “Allowing people to safely remove unwanted guns from their homes can help reduce many of the risks associated with having a firearm, including suicide, domestic violence, and unintentional deaths of children. It will also help prevent these guns from falling into the wrong hands and making our streets less safe. We thank New York Attorney General James, the County Executive, and the New Rochelle Police Department for partnering with us on this essential public safety initiative.”

Removing unwanted guns from peoples homes is not "taking guns off the street". The only barriers requiring the state to "allow people to safely remove unwanted guns" are those imposed by the government. In most states it is very safe and simple to advertise the gun for sale, sell it to a gun dealer; or take it to a gun show for sale.

The assumption that more guns equal more danger has repeatedly been shown to be false. In many cases, more guns equal less danger.  

The major purpose of these events appears to be propaganda. The message is: 

Guns are bad. Turn them in to the police.

The next event appears to be scheduled for Rome, New York, with the same incentives. The event will be held on September 29, from 11 a.m. to 2 p.m. The  announcement of an upcoming gun turn-in for the Rome emphasizes these events are "amnesty" events. From spectrumlocalnews.com:

Guns must be unloaded and placed in a plastic bag, paper bag, or box. This is an amnesty program, meaning no questions will be asked of anybody dropping off a gun.

 While this is an amnesty program, licensed dealers and law enforcement officers are not eligible. As "no questions will be asked", how are they to be excluded?

Licensed gun dealers and active or retired law enforcement officers are not eligible to participate in this program.

It is not surprising the numbers are low. Nearly any working long gun is worth more than $75 on the free market. Nearly any working handgun is worth more than $150. Only a few guns labeled as "assault rifles" will have a market value of less than $250. 

The program takes advantage of people ignorant of guns and their value, by giving them less than what the guns are worth, in order to make government propaganda.

Some savvy gun owners will use the program to unload barely functional arms for cash. 

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

Gun Watch

 

CA: In Pomona, Victim Shoots Man who Attempted to Carjack Him

Police are investigating after a man attempted to carjack another man, but the would-be robber was shot Saturday afternoon in a potential act of self-defense, according to the Pomona Police Department.

According to police, the incident took place in the 500 block of East Franklin Avenue at about 12:32 p.m., when a man with a handgun confronted another man and attempted to carjack him.

The man who initiated the robbery, however, was the one who was shot.

More Here

Tuesday, October 05, 2021

OK: Homeowner Opens Fire on Intruders, one Dead

The homeowner called for help, saying more than one person had broken into his home and that he opened fire on the intruders.

“I shot the other person,” said the homeowner.

“Where did you shoot one of the burglars?” said the 911 dispatcher.

“I think the upper right shoulder,” said the homeowner.

“Where in the house did you shoot them?” said the 911 dispatcher.

“Living room,” said the homeowner.

More Here

Monday, October 04, 2021

TX: Armed Teen from Wisconsin Attempts to Save Hostages, is Shot, Killed

It was shortly before 10 p.m. Monday when Houston police say Al Vernon Brown, 47, walked into a convenience store in Houston's Sunnyside neighborhood.

"Our initial investigation our suspect entered the store with two firearms, started yelling and screaming at the patrons and store employee," said Lt. Christopher Bruce, Houston PD.

The man ordered the door locked and five customers and three employees to the ground, threatening to shoot anyone who left. Police say several people outside saw what was happening, and that's when Whitelow entered with a pistol of his own, demanding Brown release the hostages.

"That resulted in the victim being shot," said Lt. Bruce.

"He still didn’t deserve that, though," said Phylicia Wright, Whitelow's aunt. "He shouldn’t been trying to go save nobody else."

More Here

Sunday, October 03, 2021

NJ: New Jersey Meat Mogul had to Sell Guns because he Protected his Property

The 18th time thieves tried to steal meat mogul Evan Wexler’s exotic sports cars, he ran naked from his bed with a loaded semi-automatic rifle to fire warning shots from his porch.

The gunfire worked and the thief fled.

But Wexler, 56, has bared his frustration with police he claimed were more concerned with his vigilantism than catching the callous car bandits who have targeted his Ferrari, Lamborghini and Hummer collection for the past two years.

More Here

Saturday, October 02, 2021

OR: Armed Neighbor Holds Domestic Attacker for Police

Deputies received reports of an assault and shots fired in the 700-block of Caves Highway just after midnight. Upon arrival, the deputies found 31-year-old Justin Thurman being held at gunpoint by several neighbors.

More Here

Friday, October 01, 2021

Lawsuit Filed to Protect Second Amendment Right to Make Your Own Gun


 Image from FPC lawsuit against San Diego

On September 23, 2021, the Firearms Policy Coalition filed a lawsuit challenging a ban on the sale and possession of precursor materials used by individuals to make their own firearms. The ban flies in the face of long standing precedents. Individuals have been legally and practically able to make their own firearms ever since the Republic was founded. From firearmspolicy.org: 

“The right of individuals to self-manufacture arms for self-defense and other lawful purposes is part and parcel of the Second Amendment right to keep and bear arms and an important front in the battle to secure fundamental rights against abusive government regulations, like San Diego’s unconstitutional ban,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “FPC will continue to aggressively work to defend the People’s rights and property in this case and dozens of others throughout the United States.”

The United States chose not to follow the path of Japan, where the warlord/rulers, after using firearms to unify Japan under one government, made the individual manufacture of firearms without a license illegal, then consolidated all firearms manufacture to one city; then banned firearms manufacture and all ownership by private individuals. In most governments around the world, the private manufacture by unlicensed individuals is forbidden.

Most other governments in the world have strict controls on what can be  said or written and published. Such controls are becoming more common in formeerly free countries such as Australia, England, and Canada.

The lawsuit compares the First Amendment and the Second. From the legal complaint:

34. In the First Amendment context, free speech rights include the ability to build one’s own printing and communications devices, print one’s own fliers, and utilize largely unregulated channels of speech in the exercise of the rights secured. In that context, it is well established and readily accepted that the government cannot lawfully narrow the channels for exercising the right to freely speak through government-approved gatekeepers who create or provide limited channels of speech and limited means of distribution for a beholden populace.

35. Likewise, in the Second Amendment context, the government cannot lawfully narrow the channels for exercising the right to keep and bear arms by limiting one’s access to the instruments essential to self-manufacturing in the exercise of that right, by forcing people to exercise it solely through the acquisition of firearms from limited, government-approved manufacturers of firearms and firearm predecessor materials.

It is likely this complaint will go to Judge Roger T. Benitez, of the District Court in the Southern District of California.  Judge Benitez is the author of other decisions about the scope of the Second Amendment. Judge Benitez is a careful scholar with excellent logic and writing skills.

If he is assigned the case, we should know relatively soon. The lawsuit calls for an immediate injunction against the enforcement of the San Diego Ordinance no. 0-2022-7

A ban on the possession of objects which can be made into firearms receivers or frames is a very broad ban indeed. It logically would include a great many metal pipes; perhaps blocks of metal or plastic. It is part of the rabbit hole of gun control. You cannot effectively control guns in an industrial society, unless you control the information about how to make guns, and the tools needed to make them.

The idea that "untraceable" and "unregistered" firearms are a unique threat to society is false. Most guns in the United States are untraceable and unregistered. If even a million of them are made in a given year, it is a small number compared to the hundreds of millions already in existence in the United States.

The firearms made are of the types in common use for self defense and other legal purposes. The ordinance is not narrowly tailored to have minimum impact on ordinary citizens, nor is the "harm" from the private manufacture of guns shown to be more dangerous than the ordinary manufacture of firearms.

The Second Amendment, necessarily takes some policy decisions "off the table". This is one of them.

If the lawsuit goes to Judge Benitez, I expect it to be found unconstitutional. There is no longstanding law that forbids law abiding citizens to own, make, or sell partly finished firearms frames or receivers.

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

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Fl: Domestic Defense? Woman Shoots, Kills Man

Once at the scene, deputies located an adult male suffering from a gunshot wound to the head. Paramedics transported the man to Broward Health Medical Center where he died from his injuries. The female subject was also transported to a nearby hospital for medical evaluation. 

The preliminary investigation revealed that some sort of altercation occurred, and a shot was fired. The investigation also revealed the male subject had a history of domestic violence. Homicide detectives are investigating this incident and will be presenting the case to the Broward County State Attorney’s Office for review.


More Here

FL: Man Shot while Banging on Car, Attempting to Enter

Miramar police spokeswoman Tania Rues said, “Preliminary information we received was that the deceased person approached the person at a stoplight and started banging on the window and the door frame and tried to open the car door and that is when the driver pulled out his weapon and fired a round.”

Rues said the driver and a witness called 911. The driver was detained initially for questioning. So far no charges have been filed. Rues said it appears the two men did not know each other and that this was a random act.

More Here

LA: Shreveport Resident Fires Shots to Drive off Intruders

Officers got the call to a residence in the 8100 block of Pines Road. That’s near The Club at Huntington.

According to police, the resident heard a banging at his door. When he went to check two men cloaked in all black pushed their way in.

The resident then fired three shots at the intruders. Police did not say if they were armed.

More Here

Thursday, September 30, 2021

Bear Conflicts Heat up in Idaho, 2021


File Image of grizzly bear  by Troy Nemitz, permission to use granted; scaled and cropped by Dean Weingarten

There have been a spate of bear - people conflicts in Idaho from July through September. Three of them happened near Island Park, which is in the Greater Yellowstone Ecosystem (GYE). A sow with at least one cub mauled a hiker on July 10, 2021. From ksl.com:

Although the bear that Whitney estimated between 350 and 400 pounds began to swing its claws and bite him, he lay in the fetal position and covered his head and neck. The bear's cub stayed a short distance away from the attack.

"All I could hear is the growling and I honestly thought, 'What a way to go, and this might have been it,'" Whitney said. "I said a quick little prayer hoping things would de-escalate, and next thing I knew, the bear took off."

On  July 31, a bike rider was very happy he was faster than the grizzly chasing him. This bear was also a sow. The Idaho Fish & Game believes the bear had cubs. From ksl.com

ISLAND PARK, Idaho — A mountain biker avoided injury after being chased by a grizzly bear near Island Park in northeastern Idaho Friday morning.

The U.S. Forest Service for Caribou-Targhee National Forest posted on Facebook and said a female grizzly bear was sighted in the Stamp Meadows Road area. The bear chased the biker but did not catch or hurt him.

Then, on 23 September, a sow grizzly, reportedly with cubs, in the area, was shot and killed when it attacked archery hunters near Island Park. The hunters deployed both bear spray and a pistol. The incident is still under investigation, but it appears the bear was shot at very close range. It is elk archery season in Island Park, Idaho.  From idaho.gov

On Thursday, Sept. 23, 2021, Idaho Fish and Game received a report of a sow grizzly bear that charged two elk hunters in the Stamp Meadows area near Island Park. As the bear charged, one of the hunters deployed bear spray while the other discharged a firearm at close range, mortally wounding the bear. Neither hunter appeared to be injured during the encounter.

If the sow and cubs were the same in all three incidents, the sow and her cub(s) will not be a threat to people in the Island Park area any longer.

Black bears were contributing to the problem in other parts of the state. On September 9, 2021, a black bear sow with cubs was killed, illegally, near Priest Lake in the northern panhandle. The bear had been a problem bear for weeks. The Idaho Fish & Game had attempted to live trap it, but were unsuccessful. A few days earlier it had wounded one pet and killed another. Priest Lake has an abundance of both grizzly and black bears. From Idaho.gov:

Initially, Fish and Game staff provided local residents with assistance and suggestions for bear awareness and securing trash and attractants to try and reduce potential for human and bear conflicts.

In late-Aug. the sow quarreled with two dogs at separate residences in the area as she was defending her young.  The incidents resulted in the death of one dog and multiple stitches for the other.

From Sep. 1 to Sep. 8, Fish and Game staff attempted to trap the bears in the area.  In situations like this, the hope is the bears can be trapped and relocated unharmed.  The trapping attempts were unsuccessful, and reports of the bears in the area continued. 

Between 8:30 p.m. and 9:30 p.m. on Sep. 8, rifle shots near the dumpsters in Hills Resort were heard by residents in the area.

On Sep. 9, Fish and Game staff located the dead sow.  She had been shot several times and her body was left to waste.  The cubs were not in the area and have not been seen since the time of the incident.  If they are located, they will likely have to be put down as they will likely not survive the winter months on their own.

 In Boise, on the Southwest part of Idaho, two bears were killed by Idaho Fish & Game on September 18 and 24.  From idaho.gov


Read more here: https://www.idahostatesman.com/news/local/community/boise/article254504012.html#storylink=cpy

Fish and Game officials attempted to chemically immobilize the bear. Before the immobilization drug could fully take effect, the bear fell out of the tree and ran downhill toward Hill Road. Officers from Fish and Game and the Boise Police Department dispatched the bear before it could move further into more densely populated residential areas.

This is the second incident involving a bear in Boise in the past week that has resulted in the bear being euthanized. On Sept. 18, Fish and Game officers euthanized a black bear in a southeast Boise industrial park compound between South Federal Way and I-84. The black bear was a subadult male that had been captured and moved from a north-end Boise residential neighborhood 4 months earlier.

The September 9 incident at Priest Lake had to be on the mind of the local Fish and Game officials. When private citizens become frustrated at the inaction of government agencies, government agents may be incentivized to be more vigilant. Even dedicated animal lovers become irritated when their pets are killed in town, by animals encroaching on their territory. 

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

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