Friday, August 31, 2018

New Mexico Principal Accused of Discriminating Aganist Second Amendment Supporters

Will Riley graduated from Carlsbad High in May of 2018. He organized a student walkout for students to show support of the Second Amendment  on May 2nd of 2018. The walkout was in response to previous student walkouts organized to call for infringements on Second Amendment  rights, including bans on some guns, raising the age of legal gun ownership, and restricting the ability of people to sell guns without government permission.

Riley has alleged that principle Adam Garcia Amador worked hard to prevent the pro Second Amendment demonstration. From current
"I went to Amador so as not to disrupt the education process," Riley said. "At every step of the way, including in this first meeting, he was immediately hostile and immediately attempted to intimate me."

The 16-minute walkout allowed students to stand in favor of the Second Amendment, as opposed to a previous national movement by students who asked for stricter gun laws.

Riley alleged that Amador threatened him with arrest, and arranged a meeting with the teenager where Carlsbad Police Department officers were present.
Now that Riley has graduated, he no longer fears retaliation from Principle Amador. His mother is a District judge. In a presentation to the School Board, Lisa }Riley said that it is unacceptable for the school administration to choose political side.  From
"This is discrimination, pure and simple, and it has no place in the public schools," Lisa Riley wrote.

"You simply cannot roll out the red carpet for those on one side of an issue, and throw up roadblocks for those on the other side of that same issue. There can be no justification for such behavior."

The problem of choosing sides in education reflects the culture wars raging in the United States.  Education has been a battleground long ceded to leftists and Democrats.  School administrators and teachers are overwhelmingly leftist.  Half of educators voted for Hillary Clinton, only 29 percent voted for Donald Trump.

But among voters nationwide, half voted for President Trump.

When schools were controlled by parents, this sort of conflict seldom happened. If teachers taught an ideology contrary to a majority of parents, the teacher's contract was not renewed. Most teacher contracts had morality clauses in them, to insure that teachers upheld community standards of morality.

All of that changed with the NEA (Teachers Unions) and more central control of education at the state and federal levels.

Expect these conflicts to continue. Part of the burgeoning home school movement is a desire to escape the ideological indoctrination of the government schools. This was not as much of a problem when the majority of parent agreed with the indoctrination.  When schools taught the Constitution as part of civics, and Christian morality was a given as the moral standard for the nation, conflicts were far less.

In today's society, Christianity has become "controversial" in schools. The American flag is considered "divisive" by many school administrators. Rights to free speech only apply to politically correct ideas.

The schools have always been a battleground in the culture wars. Recent elections have revealed how far the left has succeeded in conquering that battlespace.

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

Gun Watch

FL: Uber Driver Shoots, Kills Man who Threatened him at 2:30 a.m.

POLK COUNTY, Fla. (WFLA) - Polk County Sheriff Grady Judd says the deadly shooting of a man who was chasing and threatening an Uber driver was a classic Stand Your Ground case.

“Leave people alone, they may have a gun and shoot you,” said Judd Wednesday morning when releasing details about the shooting.

Judd said that Jason Boek, 34, of Winter Haven, was shot and killed early Tuesday morning.

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TX: Armed Homeowner Shoots Suspect in Arm and Leg

The homeowner's brother, who lives next door, tells Eyewitness News, a man kicked down the front door of his brother's home.

The suspect then yelled that someone was trying to get him. The homeowner shot the suspect twice, hitting him in the arm and leg, after pleading with him to leave his home, the Fort Bend County Sheriff's Office said.
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KY: Home Invasion Gunfight, Victim Wounded

A witness told police she and the victim were in an upstairs bedroom when someone broke into the home.

The intruder shot the victim who returned fire, according to the witness.
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CA: Armed Victim Shoots Man who Attacked Couple with Steel Pole

LAKEWOOD — A man and woman were recovering Tuesday morning after one of them shot a man who attacked them with an iron pole in the backyard of a Lakewood home, authorities said.

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Michigan Judge Affirms Legitimacy of Second Amendment Lawsuit Against Health and Human Services

The Michigan Department of Health and Human Services (HHS) requires that foster parents give up their Second Amendment rights in order to be eligible to be foster parents. The Second Amendment Foundation has funded a lawsuit to challenge this requirement as unconstitutional. Federal District Judge Paul Maloney held the lawsuit against HHS may go forward. From
U.S. District Judge Paul Maloney issued the ruling in a case involving William and Jill Johnson and Brian and Naomi Mason, all of Ontonagon. While the judge dismissed claims from the Masons, he allowed the Johnsons to continue. The judge dismissed a motion by the state to dismiss the case.

In deciding that the Johnsons have a plausible case, Judge Maloney observed, "Storing firearms in an inoperable condition makes them useless for the defense of hearth and home, which implicates the Second Amendment....The need for self-defense rarely comes with advance notice; it occurs spontaneously, often at times specifically chosen for the expected vulnerability of the intended victim."

The Johnsons' case got support from Michigan Attorney General Bill Schuette, who filed an amicus brief on their behalf. "As a practical matter, when a firearm is kept in a home for self-defense, it is always 'in use'," he wrote. "Criminals never take a day off, and they never call ahead. To serve its self-defense purpose, a gun must be readily accessible whenever its owner believes he might possibly need it."
"We are delighted that Judge Maloney and Attorney General Schuette expressed such common sense perspectives," said SAF founder and Executive Vice President Alan M. Gottlieb. "This case is really all about common sense, as well as the right of citizens to be able to defend themselves and their homes and families.
Using the administrative state, without any legislation being passed, to undermine the Second Amendment is an extra-judicial means of attacking Constitutional rights. One of the core tenents of Progressivism is that administrative agencies be used to bypass Constitutional protections. 

To Progressives, the Constitution and the Bill of Rights are obstacles to be overcome, not pillars of American society that must be defended. Because Progressives generally view the State as god, or at least the manifestation of God on earth, right is anything that advances Progressivism. Wrong is anything that hinders advancing the Progressive agenda.  President Wilson, one of the political foundational Progressives, is attributed as believing that "limits on government power should be abolished".

The requirement that defensive guns be locked up in order to be qualified for foster parent status is an administrative attack on the Second Amendment.  Progressive ideology is based on the idea that the Constitution is outdated, limits on government are a stupid idea, and experts should rule the common man. Progressivism denies the theory of natural rights that the Constitution and the Bill of Rights are based on.

To Progressives, the Second Amendment is simply a wrong idea that should either be ignored, re-defined as meaningless, or removed from the body of law. They do not believe in natural law or individual rights. The Second Amendment is simply a political inconvenience.

It is a current article of faith of the left that guns are a danger rather than a defensive tool. Guns are like any other powerful tool. They amplify human capabilities. How they are used depends on the human involved.

The lawsuit will now go forward.

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

Gun Watch

Thursday, August 30, 2018

Gun Beats Hammer for ex-UFC fighter Dean Lister (video)

Intruder at ex-UFC fighter Dean Lister's home in San Diego.

Link to video

Dean Lister is a successful UFC fighter who started fighting as a boy in Panama. He speaks four languages, has a black belt in Brazilian Jiu-Jitsu, and several martial arts championships.

He came home to his house in San Diego on Saturday evening, the 18th of August. Inside the kitchen was a nearly naked man with numerous tatoos.  From
The person was tremendous sketchy and instructed Lister he thought the house was a church — however when Lister continued to press, the person picked up a hammer in a really threatening method.

“Off digital camera, I drew a sidearm and he stopped advancing towards me,” Lister mentioned.

“I LET him escape together with his life by a window. Cops mentioned I used to be legally good if I killed him."
Lister allowed the intruder to rummage around in the kitchen while he questioned him. That was a mistake. The Intruder was searching for a weapon. The intruder picked up a large claw hammer and started to advance on Lister.

Lister was armed, and drew his pistol. Lister avoided shooting the intruder, who fled.  Lister determined later that a substantial amount of cash was missing.

Dean Lister is now 42 years old and retired from the UFC. He issued a request for help to identify and find the intruder:

At 8PM pacific time, here in San Diego I walked in on a meth head ripping me off. At the end of the video, he raises a pipe at me, off camera I drew a sidearm and he stopped advancing toward me. I LET him escape with his life through a window. Cops said I was legally good if I killed him. But is that what I want? In the end, he stole plenty of $$$$$ from me. This video is for “hopefully” anyone who knows who this meth head is. White dude, skinny, methe’d out with his tattoos. Police are on it but if anyone knows who he is please help me,,, thank you very much,

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

Gun Watch

AL: 4-Year-Old Collateral Damage in Hutton Self Defense Shooting

Hutton testified during the hearing yesterday. He said on the day of the shooting, he was a passenger in someone's car. The car was parked, court records state, and he had the window down. Hutton said Fowler walked up to the car and put a gun to Hutton's head, pulling the trigger several times. But, the gun didn't go off.

Hutton said he pushed open the door and knocked Fowler over, and pulled his own 9 mm gun, court records state. Fowler ran away and kept trying to shoot, but his gun misfired. Hutton admitted to firing at Fowler, saying he was afraid for his life and was defending himself.

"Certainly it's unfortunate that there's a deceased child. Clearly no one intended that to happen," Hutton's attorney Scott Boudreaux said. "It was clear he had the absolute right to defend himself.

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FL: Man Shoots Rabid Cat that Attacked Him

GIBSONTON — A man in Gibsonton shot and killed a rabid tabby cat that attacked him on Thursday, according to a news release from the Florida Department of Health in Hillsborough.

Agency spokesman Kevin Watler said the man was walking past bushes near Nundy Avenue when the brown and black domestic shorthair cat jumped out of and grabbed onto his foot. He shot the cat, Walter said.
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TX: Homeowner Shot one of two Suspects

Two men dressed in black jumped the fence of a home on Kleberg Road near Highway 175 just before midnight Monday. They were attempting to rob the home, police said.

But they didn’t get very far because the homeowner was also armed. He pulled out his gun and shot one of the men in the abdomen.
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More on Charlote NC: 911 Tapes Released of Shooting

“He just ran out of the store, ran at me,” Corder said in the second call. “I shot at him three or four times. I think I may have hit him.”

The 911 recordings include two calls from Corder and one from CPI security, reporting the break-in at 4:32 a.m. The recordings were released after the Observer, WBTV and WSOC went to court Thursday to call for their release.

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Illegal Gun Factory Found in UK

A small shop used in making illegal pistols in Sussex, England

A small shop was being used to make illegal pistols in Sussex, England. The police are said to have discovered the shop because of testing of the illegal guns inside of the shop. It is possible. It is far more common for such shops to be found by use of informants or sting operations. From
A large-scale illegal gun factory has been discovered on a Sussex industrial estate, the National Crime Agency has announced.

Investigators responded to what was believed to be gunshots coming from inside what the NCA called a warehouse unit describing itself as a gearbox repair business on an industrial estate in Hailsham, East Sussex.

Officers raided the building on Saturday night and found what they believe to be a "sophisticated" operation producing guns, of which the NCA has subsequently seized around 30.
The National Crime Agency  (NCA) is dedicated to fighting organized crime in the UK. From the NCA:
Our role is to protect the public from the most serious threats by disrupting and bringing to justice those serious and organised criminals who present the highest risk to the UK.
The NCA describes the small shop as a "large scale illegal gun factory".  The equipment it has is common in millions of hobbyist basements and garages in the United States. Hundreds of thousands of small businesses have far better and more extensive machine tools in the United States.

In the UK, a former shop teacher explained that such machinery is very common, and is being sold surplus, inexpensively, as the industrial school shops are being shut down.

The language used may seem a little strange to anyone familiar with engineering and metalworking. Perhaps the speaker was trying to make it understandable to a journalist. From
"Every engineering workshop around the country that use shaping metal in their trade will have a lathe like this one. It's used to to manipulate metal, make it rounded.

"It would also be used to create the slots for bullets in the cylinder of an older, traditional handgun and would be used to form the barrel of a gun.

"The milling machine - the machine on the right - would be used to very accurately create grooves on the outside of the gun."
The machines are old tech, of course. They form parts by removing material, as opposed to 3D printing, which forms parts by adding material. The Bridgeport milling machine would have been made in Connecticut. If it was part of lend-lease during WWII, it appears to have been upgraded to Computer Numerical Control (CNC). Bridgeport started making mills in 1938.

With proper maintenance, such tools have a very long productive life. The making of pistols in a small shop is light usage. The machines would not wear out for many decades.

Machines such as these have been used in making firearms for a 150 years.  Production from other small shops sources in Pakistan, India, the Philippines, and Nigeria, indicate this shop could produce 20-30 pistols a month, if manned by 2-4 people.

Production would be facilitated if small parts were obtained elsewhere. Springs and pins could be sub-contracted without much risk, or smuggled in with little risk of detection.

High quality finish and heat treatment is unnecessary for criminal use, but might result in a higher price in the underground economy.

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

Gun Watch

Wednesday, August 29, 2018

MS: Gunfight, Clerk and Defender killed, Robbery Suspect Wounded

Jackson hasn't been charged and remained hospitalized Monday.

Samantha Apperson says Jackson pointed a gun at her, and Jeremy Apperson pulled his pistol to defend her. Samantha Apperson says Jackson shot her husband several times.
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NY: Domestic Defense? Husband Violates Order of Protection,

After entering the home, deputies said that Denning shoved someone into a wall, and threatened someone else with a pair of scissors.

Deputies said that Denning left, but then came back, broke in and got into a fight with an off-duty deputy who fired one shot.

Investigators said that the bullet didn't hit him, but Denning did cut his head on something else.

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FL: Shooting in Milton was Likely Self Defense

"We just want citizens to know that this seems to be an isolated case. The person that is responsible for shooting is currently being questioned so that there is no need for panicking at this time," said Sgt. Aloy.

At this time, no one has been charged in this case.

The sheriff's office says evidence reveals the person who fired the weapon was being attacked at the time of the shooting.
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MI: Domestic Defense? Woman Shoots Man Attempting Break-in


One man is in the hospital after he was shot in the abdomen by his girlfriend when he allegedly tried to force his way her home early Sunday morning.

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Kelli Ward at Yuma Primary Rally for Senate: National Reciprocity and Hearing Protection Act

Dr. Kelli Ward had a campaign appearance in Yuma on Saturday night, the 25th of August, for the Republican primary for the Senate. Yuma was the last stop at the end of a whirlwind bus tour around the state.

I was able to attend and ask Dr. Ward a question about gun issues beyond the usual "I support the Second Amendment" boilerplate.

I arrived before 6 p.m. I ran into many of the local political activists. It was clear Dr. Ward was getting much more attention than she had in 2016. I had attended a similar rally in 2016, and the attendance was only about a quarter of what was at this rally.

There was significant media presence. I had a talk with a reporter from Japan who works out of New York City.  We traded cards.

Ward has developed strongly as a candidate in two years. Her manner was polished. She did not make any obvious mistakes. She had a strong command of the  issues.  She was able to bring the crowd to its feet in standing ovations.

The stop reminded me of what I have seen of Donald Trump rallies, in miniature. The enthusiasm of the crowd was high, and contagious.

The difference from 2016 was the enormous amount of media ads in opposition to Dr. Ward. It is the worst case of taking words out of context and creating a false image that I have seen in Arizona. All legal under the First Amendment, which I explained to the Japanese reporter.

The contrast of upbeat, enthusiastic campaign, to the negative radio ads that bombarded me from the car radio was startling. Will Dr. Ward be able to survive the combination of attacks by the McCain machine, the McConnell establishment, and dominant media bias?  If she does, it will show how much the media has lost its ability to shape the narrative.

Near the end of the stop, I asked Dr. Ward if she supported national carry reciprocity, and if she supported the Hearing Protection Act (HPA).

She knew what I was talking about, a plus for a Senate candidate.

She said that she supported both bills.

She said that a person should be able to exercise their Second Amendment rights anywhere in the country, which is why she supported national reciprocity.

She reminded me she had authored a bill to decriminalize suppressors in the Arizona Senate before the HPA was introduced into the U.S. Senate.

The bill was introduced in 2015. It would have removed Arizona bans on suppressors, short barreled rifles and shotguns, and nun-chucks. It was a common sense reform of the Arizona weapon laws.

Dr. Ward is the most Second Amendment friendly person in the race for the Senate. She would represent Second Amendment supporters far better than former Senator McCain or Senator Flake.

Given that, Yuma is a conservative, military and agriculture town. 

The Republicans that are supporting other candidates claim Dr. Ward is less likely to beat the Democrat candidate in the November election. That remains to be seen. If she had raised a few million dollars to fight this campaign, she would likely be the Senate candidate. Keeping your political independence from the Washington king makers has a price.

If Dr. Ward is able to gain the Republican candidate spot, she will show a level of grass roots support that makes it plausible for her to beat the Democrat in November.

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

Gun Watch

235 "School Shootings"? No, only 11, says NPR

The Department of Education vastly overstated the number of school shootings that occurred from 2015 to 2016, according to an investigative report by NPR.

The Civil Rights Data Collection’s (CRDC) 2018 spring report on school climate and safety for the 2015 to 2016 school year, published by the Department of Education, stated that 235 schools, about 0.2 percent of U.S. schools, “reported at least 1 incident involving a school-related shooting.” NPR reportedly reached out to every school mentioned in the report and, of the 176 schools that responded, only 11 confirmed that incidents meeting the government criteria for a school shooting occurred, while at least four schools miscategorized the incidents they reported. (RELATED: Study: There Is Actually Not A School Shooting Epidemic)

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Tuesday, August 28, 2018

Nevada Gun Control Initiative Proponents Lose Case in Court

In 2016, anti-Second Amendment zealot Michael Bloomberg, was able to place Question 1, severe restrictions on private gun sales, on the ballot in Nevada.

 The Bloomberg supported initiative outspent the opposition $18,913,032.54 to $6,639,608.20.  The costs do not include the money spent to put the initiative on the ballot. The measure passed 558,631 votes to 548,732 votes. Rural areas overwhelmingly voted against the measure; Las Vegas voters overwhelmingly voted for it.

After the initiative passed, it could not be implemented, because it required the state to demand things the State of Nevada had no legal right to demand. The Attorney General of Nevada ruled it could not be implemented.  The people who pushed the initiative challenged the ruling in Court.

On 20 August, 2018, the District Court in Las Vegas found for the State of Nevada, and against the backers of the restrictions on private sales.

The initiative was flawed from the outset. The flaws were pointed out by the opposition from the beginning. The initiative required that background checks be done on private sales by the FBI using the National Instant background Check System, NICS. Nevada is a state where the background checks required by federal law for gun dealers, are done by the state, not directly by the FBI. The State of Nevada had no power to require that checks on private sales, not required by federal law, be done by the FBI. From
Today, Nevada Attorney General Adam Laxalt applauded a Nevada District Court’s decision to toss out a lawsuit brought by the proponents of Nevada’s stillborn Background Check Act, also known as Question 1. The lawsuit sought to shift the blame for the broken initiative from its drafters to Nevada Attorney General Adam Paul Laxalt and Nevada Governor Brian Sandoval. The Court, in a comprehensive 22-page opinion, ruled that “as a matter of law, […] given the undisputed efforts to implement The Background Check Act, it is unenforceable as written.” The Court rejected each of the proponents’ legal claims, noting that their “arguments have shifted throughout this case” and that they “failed to provide this Court with any authority even remotely supporting” their legal argument. The Court also repeatedly commented on the falsity of the proponent’s factual allegations, observing that they “ignore the facts.” The Court chastised the proponents for their “charged” and “emotional appeals,” explaining they were “unfounded,” “without supporting evidence,” and “improperly placed before the judiciary.”

“The Court’s 22-page decision reaffirms what my office has been saying all along—that the Act ‘is unenforceable as written,’” said AG Laxalt. “This is not because of anything that I or other Nevada officials have failed to do; in the words of the Court, we have ‘undertaken a real and substantial effort to implement the law.’ Rather, it is a result of Question 1’s flawed drafting. It is unfortunate that the very same people who imposed this defective law on all Nevadans have gone to such lengths to use its brokenness as a reason to politically attack me and other Nevada’s elected officials through litigation. Hopefully, today’s careful decision puts an end to this practice.”

The judge’s order reaffirms that the Attorney General’s opinion “correctly identified and exposed several errors” in challengers’ misrepresentations about the 2016 ballot initiative. Shortly after the Question 1 initiative was passed, the Federal Bureau of Investigation (FBI) wrote to the Nevada Department of Public Safety (DPS) on two occasions stating that they would not conduct the background checks for Nevada because, among other reasons, a state law cannot mandate how federal resources are allocated. In a December 28, 2016 formal opinion requested by DPS, the Office of the Nevada Attorney General correctly opined that the law could not be implemented without the FBI’s cooperation.
The opinion in the case is 22 pages long. It says essentially what Attorney General Adam Laxalt found earlier.

If the case had occurred in New York State, the result might have been different. Michael Bloomberg has enormous influence in New York State. In Nevada, the court followed the rule of law.

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

Gun Watch

TX: Off Duty Deputy Shoots Man who Reached for Gun

An off-duty Harris County deputy shot and killed an armed man while working security at a Northline-area club on Monday, according to the Harris County Sheriff’s Office.

The deputy was working a secondary job at the Club las Cumbres in the 8800 block of Airline, when he noticed some suspicious men in a pickup truck in the parking lot, around 12:15 a.m., said Lt. Chris Sandoval of the sheriff’s office.
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NC: Burglary Suspect Held at Gunpoint for Police

MOORESVILLE, NC — A burglary suspect caught in the act was detained at gunpoint by a Mooresville homeowner who shot at the man's tire as he attempted to drive at him late Friday night, according to Iredell County Sheriff Darren Campbell.

The incident should be seen as a warning to other would-be criminals, Campbell said.
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Followup NY: Home Invasion Suspect Shot by Resident Identified

ELMIRA, N.Y. (18 NEWS) - UPDATE: Police have identified the intruder as Jason Lopez, of Elmira.

Lopez remains in an area hospital receiving treatment for a single gunshot wound.

The male resident and Lopez are not acquainted in anyway and the motive is still under investigation.
More Here

Monday, August 27, 2018

Hundreds of millions of U.S. Guns are Unlicensed and Untraceable

In the hysteria about 3D printed guns, the words "unlicensed and untraceable" are thrown about promiscuously and irresponsibly. They are used to imply disaster is upon us, that some new scary threshold has been breached.

They are scare tactics based on ignorance. Most of the 400 million plus firearms in the United States are unlicensed (unregistered) and untraceable.  It has been that way for decades, hundreds of years. It has not made a significant difference in the crime rate. It will not make a significant difference in the future. Separate from gun licensing, there are background checks at retail purchase for most guns in the United States. Only a few states require background checks on private sales of guns. Background checks do not make a difference.

The number of guns in a state do not predict homicide rates or violent crime.

"Unlicensed and untraceable" is scary only if you think most guns are "licensed (registered)" and that "traceability" has anything to do with preventing crime.

National registration of guns has been illegal for decades. Only a few authoritarian states require registration of firearms. Those states are California, Hawaii, Maryland, and New York. The registration schemes in Hawaii and California apply to all guns. The requirements for registration of long guns are fairly recent.  Most guns that were unregistered before registration was required remain unregistered, and are grandfathered in. New York required registration of handguns only. Recently they required registration of some semi-automatic rifles. The law has been ignored by over 80% of the people affected. Maryland has required handgun and some semi-automatic firearm registration for a few years. It does not require registration of most long guns.

A few U.S. territories, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa require gun registration. Puerto Rico requires gun registration. The District of Columbia requires gun registration. Gun registration is effectively gun licensing.  Gun registration has meant nothing.  The District of Columbia, the U.S. Virgin Islands, and Puerto Rico have higher murder rates than any of the United States. Registration of guns is a failed crime-fighting theory. New Zealand and Canada repealed gun registration schemes as expensive and ineffective. New Zealand repealed long gun registration in 1983, Canada in 2012.

There are a few minor registration schemes around the nation. Some states desultorily attempt to keep track of some handgun sales by requiring handgun sales to be reported to state police. Few people have bothered with such antiquated systems. People in the United States move from state to state. Few register their guns when they move.

The vast majority of states do not register guns. There are over 400 million guns in the United States. Over 300 million guns in the United States are not registered. Most were never required to be registered.

After 20 years of ownership, guns are generally untraceable. Guns are sold, inherited in estates, or traded without a paper trail.  Over 20 years, one percent of guns may be stolen. Once a gun is stolen, it is untraceable. The only thing gun tracing does is track the gun to the first person it was sold to at a retail level. This does nothing to fight crime.

Gun tracing is the bastard child of Lyndon Johnson's attempt to put into place a national gun licensing and registration scheme in the 1968 Gun Control Act (GCA).  The National Rifle Association worked hard to prevent national gun licensing and registration. As a compromise, the nation got the intrusive, expensive and ineffective GCA. The GCA requires record keeping at the point of sale, for the purpose of tracing the gun to the first retail sale.  What is the point of that? Almost no crimes are solved with gun traces. A gun trace finds who the gun was sold to a number of years ago. It solves nothing. "Traceability" is a failed crime-fighting theory.

Hundreds of millions of guns in the United States are untraceable. If means nothing. Hundreds of millions of guns are unlicensed. It means nothing.

People have been making guns at home for hundreds of years. They are not required to be registered.  There are likely a few hundred thousand homemade guns in the United States. So? A few hundred thousand homemade guns are a drop in the bucket to the hundreds of millions that are factory made.  A few hundred made by 3D printing is even less significant. 

Another term that is promiscuously used is "undetectable".

We did not have metal detectors until the 1950s, at the earliest. Crime rates were about the same as they are today. If people needed to keep weapons out of jail cells, prisons, or, occasionally, a court room, they searched people as they went in. The TSA has found four 3D printed guns over the years. 3D guns have mass and take up space. They are *not* undetectable. Undetectable is just another scary buzzword.

The concept that you can keep criminals from obtaining guns by regulating the access of everyone else is flawed from the start.  It cannot be done in a free society. Even prisoners make their own guns or smuggle them into prison. With 350 million unlicensed and unregistered guns already in the country, it is an impossible task to stop a few prohibited possessors from getting guns by restricting access to everyone else.

A better, much more effective approach, is to monitor the small number of people that are so dangerous as to be prohibited from obtaining firearms. Parents should be responsible for their children. People who are shown to be a danger to others can be visited and checked to see if they have weapons. If people can show they have become responsible members of society, their Second Amendment rights should be restored.

Instead of innocent people asking the government for permission to purchase a gun, a list of those who are prohibited from having a gun should be made public and updated in real time. Then the public would have a chance of determining if the person they are selling a gun to is on the list. That has a possibility of making it a little harder for those prohibited from possessing guns to obtain them.

The idea that any eight year old could print a gun at home with the push of a button sounds scary. It is not based in fact.

If an eight year old can load a program, select the proper material, print and assemble a gun, find the proper ammunition and load it, they can operate a file and a drill press.  Does a several hundred dollar 3D printer make more of a difference than a couple of hundred dollar drill press or lathe and some files? It does not.

The only reason 3D printed guns are hyped is because ignorant people, who are afraid of guns, have some knowledge of computers and printers. The idea of 3D printed guns give them a little bit of understanding of what most makers have known for decades.  The people concerned about 3D printers have no understanding of casting, welding, drill presses, lathes, files or hammers.

The hype about 3D printed guns only highlights the ignorance of those determined to have a disarmed population.

If you want a disarmed population, repeal the Second Amendment, declare most firearms ownership illegal, and gin up the prisons and labor camps. I suspect armed resistance would occur. That cure would be far worse than the current disease.

People who push for strong restrictions on gun ownership and use often believe that because they do not wish a gun, all the costs of heavy restrictions would be paid by others. That is a mistake.

At present, a person who dislikes guns can avoid committing suicide or having an accident with a gun simply by not possessing one. If armed resistance to gun control occurs, the resisters will not be hunting police. They will be hunting those who politically pushed for a disarmed population. They will have guns. Those who pushed for disarmament will not.

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

Gun Watch

NY: Home Invader Shot by Resident

According to a press release issued by the Elmira Police Department, officers responded to the 500 block of Perine St. shortly after 6 a.m. on Sunday for a report of a home invasion in progress. Before arrival, officers learned that the intruder had made his way into the home and was shot by the resident.
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TX: Business man Shoots Homeless man During Altercation

Police said the homeless person was sleeping outside of the business when the owners woke him up and asked him to leave.

The owners then got into a fight with the person. Police said at some point, one of the business owners pulled out a gun and shot the homeless person in the leg.
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FL: Neighbor Shoots Dog that Killed his Turkeys

A homeowner told deputies he was forced to shoot the hound-mix after she killed two of his turkeys and charged at him multiple times in an aggressive manner.

Nyx was shot in her muzzle.

The bullet traveled through her tongue and shattered several of her teeth.
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Kim Komando: Credible Sources are the New York Times, Bloomberg, Yahoo!, the Huffington Post

I was listening to the Kim Komando show today on my car radio.

A conservative woman came on, and said she had a large following on Pinterest, but received almost no hits from Google. She said she thought she was being discriminated against by Google because she was a Conservative, even though her articles were not political, but were about food.

Kim listened, commended her on how much of a following she had, then explained that she was probably not getting hits because she was not linked, to use Kim's term, to 'credible" sources. Sources like the New York Times, Bloomberg, the Huffington Post, and Yahoo!

If I would have had coffee, I would have choked on it. Half the country finds those sources to be completely biased to the left.

Does Kim know something we do not? Probably. She is the self proclaimed "Digital Goddess".

Consider, if your blog or website is limited in the hits it can get, by Google, based on how many leftist sources you link to, can it become much more biased?

Not much. This effectively blocks Google customers from the thoughts of half the content creators on the Internet. It is a way to gatekeep using algorithms.  Google controls about 70% of the searches on the Internet.

This is thought control that is invisible and insidious.

If anyone has access to a transcript of the Kim Komando show from 26 August,  I would  love to have exact quotes rather than use my faulty memory.

Others likely know much more about this than I do. Is it widely known? Has Google always discriminated on political ideology rather than on the number of hits? Is it based on the advertising dollars it brings in? Special deals with the New York Times, Huffington Post, Yahoo?

All of the above?

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

Gun Watch

Sunday, August 26, 2018

Australian Man who Printed 3D Plastic Replica Gun Gets 50 Month Suspended Sentence, 12 Months Probation

Replica Guns found at Steven Sicen Sun Home in New South Wales, Australia  Photo by Police

An Australian man who printed out replicas of guns that could not fire or accept ammunition, has been sentenced to 12 months of probation, 50 months suspended. From
The first person in New South Wales to be charged over making and possessing 3D-printed guns has avoided jail.

Steven Sicen Sun was charged early last year and pleaded guilty to multiple offences after police found replica guns and blueprints to make them on a 3D printer in his Waverley apartment.

The 28-year-old also tried to sell one of the 3D-printed guns online for $1 million.
The case occurred in the Australian state of New South Wales, which includes Sidney. New South Wales is the only Australian state that has made it illegal to possess the computer files that can be used to print 3D guns.

New South Wales law treats replica guns the same as real guns. It has one of the toughest laws on replica guns in the West. Replica guns that are legal in Japan and England, purchased over the Internet are forbidden in New South Wales. Possession of non-firing replica guns in New South Wales without the same license required for real guns, is a felony offense.  From
 Replica or imitation firearms:

an imitation of any firearm which requires a licence or permit under the Firearms Act, unless approved by the Commissioner of Police.
Steven Sicen Sun plead guilty to the charges. He was found guilty and sentenced to  50 months in jail. The sentence was immediately suspended. He will now serve 12 months on a good behavior bond.

Australian gun laws were rushed through to take advantage of the media push for extreme restrictions after the Port Arthur mass murder in Tasmania, Australia. The legislation was prepared in advance by radical disarmament proponents. It includes multiple bizarre sections that are slowly being reformed.

In Australia, slingshots and crossbows are prohibited weapons. Air rifles are treated the same as 12 gauge shotguns. Failing to lock up one .22 rimfire cartridge requires confiscation of all firearms and loss of the ability to posses firearms for life. Pocket knives may not be carried without a reason acceptable to the police.

In the United States, the State Department reached a settlement that files to print firearms of .50 caliber or less, that are not fully automatic, are not restricted by law. Such files have been available on the Internet for at least 5 years.

A federal judge in Washington state has issued an injunction to prevent the settlement from taking effect.

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

Gun Watch

Rockford IL: Gunfight, Off Duty Officer Exchanges Shots with Robbery Suspect

It happened around 10:30 p.m. in the 1600 block of North Bell School Road, according to police. The off-duty deputy, who was sitting in a car with her male acquaintance, reported being approached by a man armed with a handgun. He demanded money and unspecified property from the two, fired several times at them, and the deputy shot back.
More Here

GA: Store Owner Shoots 1 of 4 Burglars

The store owner, who didn't want to be identified, told Thomas he woke up to find people walking around his store, grabbing phones and computers. He grabbed his gun, afraid they might shoot at him.

"I woke up, I grabbed my pistol and I see people moving around," he told Thomas. "I put a bullet in the chamber of my pistol and I screamed, 'Nobody move!'"
More Here

MI: Smash and Grab Robbery Stoped by Armed Employee

Two or three people trying to break into the Motor City Pawn Shop in Roseville found themselves on the wrong side of an employee's gun on Thursday morning, Roseville police said.
More Here

CA: Man Holding Baby Attacked, Shoots, Kills, Attacker

Hutchinson was almost knocked out from the blows to his head and the infant slipped out of his hands. Hutchinson was able to catch the infant before it hit the concrete porch, he told investigators.

The attacker continued to deliver blows to Hutchinson while he was holding the infant. Hutchinson was armed with a legally-obtained concealed weapon, and fired one round at the attacker, incapacitating him and stopping the attack.
More Here

Anthony Kapinski, acquited in Self Defense Shooting, sues for False Imprisonment

Screen shot shows first punch thrown at Kapinski
On the night of 26 May, 2017, at about 11 p.m., in Albuquerque, New Mexico, upwards of a 150 car lovers had congregated in the parking lot of the New Beginnings Church. On Friday nights, the parking lot had been a popular place for hundreds to meet and show off their cars.

The video shows two men, Paul Francia and Jordan Mucher, are in a group close to  Anthony Kapinski near where his car was parked. They are said to have accused him of stealing car parts some time previously. Kapinski moved to his car.

Kapinski then moved his car to the far end of the parking lot, but still covered by the surveillance cameras. Francia and Mucher can be seen following Kapinski. Kapinski appears to be standing in the angle of his open car door (backed into the parking space) as he is approached. He is boxed in, then attacked by two men. They appear to be Francia and Mucher, but cannot be absolutely identified in the video.

Kapinski accesses a handgun and fires. The attackers disperse. One falls down in the parking lot. One dies in the parking lot, the other at the hospital. Each was shot once.

The next day, Kapinski turned himself in to police.

The story shown in the video is different than told in the newspapers shortly after Kapinski is taken into custody.

Link to video

Here are a couple of lines published a few days after the shooting.  1 June, 2017 From :
According to a criminal complaint, it all started when Mucher and Francia confronted Kapinski about some car parts he had stolen from them in the past. That's when a fight broke out.
Here are very similar lines, except for critical details, published after Kapinski had been acquitted at trial, more than a year later. The jury had been allowed to see the surveillance video. 17 August, 2018 From :
According to the criminal complaint, Mucher and Francia confronted Kapinski about car parts they claimed Kapinski stole, then attacked Kapinski as he stood by his car door.
Was the "criminal complaint", referenced by krge on both occasions, the same at both times?

The prosecution withheld the video from the judge when arguing that Kapinski should be held without bail. While Kapinski had never been convicted of a crime, the prosecution said he had a "long criminal history".

Kapinski was in jail for nearly a year.

Kapinski and his lawyer are sueing the Albuquerque police and the City of Albuquerque for false arrest and imprisonment. They claim the video is such a clear case of self defense, there was no probable cause to arrest Anthony Kapinski.

 We do not know what will happen in the Kapinski case. It seems unlikely a judge would have been convinced Kapinski was such a threat he could not be released on bail, after seeing the video. Kapinski did not initiate the fight. He retreated and moved his car. He was followed and attacked by two men, boxed in without an easy way to retreat.

Having previous contacts with law enforcement personnel, but never having been convicted of a crime, seems a stretch for a "long criminal history" when you are 24.

Video evidence is changing our society and legal system in numerous ways. Juries are now asking: Where is the video?

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

Gun Watch

Saturday, August 25, 2018

Jury Finds Georgia Felon has Right to Self Defense

On 5 November, 2014, Demarco M. Williams shot and killed Javarious Walthour. Williams was 26, Walthour was 20. Williams had been convicted of fleeing in 2008, when he was 20. Demarco Williams chose to go to a jury trial rather than plead to a lesser charge.

On August 10th, 2018, the jury found Williams not guilty of murder, criminal damage to property, and possession of a firearm during the commission of a crime.   From
Defense attorney Peter Johnson argued to the jury that Williams shot Walthour in self-defense because he knew Walthour was armed and looking for him. Walthour had already robbed him once that day, Johnson said.


Assistant District Attorney Amanda Pennington argued to the jury that it didn’t make sense that Williams would go to the neighborhood where Walthour hung out if he was scared of him. Williams shot Walthour for revenge, Pennington said.

Though the jury acquitted Williams of the main charges, it found him guilty of being a convicted felon in possession of a firearm. He was convicted in 2008 of fleeing. Sentencing was delayed until next week.
The jury found him guilty of possession of a firearm by a felon. It is not clear if the felon in possession charge is from the 2014 shooting or from a separate incident in 2015. In the 2015 incident, Williams' bond was revoked after a gun was found when a car he was in was pulled over for a traffic stop. From
Williams now faces two new charges of possession of a firearm by a convicted felon and failure to secure a seat belt on a minor. 
Williams is accused in connection to a murder back in 2014 in the 1700 block of Cornell Street, according to Richmond County Deputies. He is accused of shooting and killing Javarius Walthour, 20.
His lawyer claimed that Williams was a passenger in the car.

A resurgence in self defense claims has occurred with the rise of legally armed citizens in the United States.  More felons are making self defense claims, and juries are finding some of those claims to be credible. 

All people have a right to defend themselves, even convicted felons. The Supreme Court has ruled that felons can be deprived of Constitutional rights  because of their felony convictions. Recent cases have made the argument that felons, at least in non-violent felonies, should have a clear mechanism to have their rights restored.

John Lott has shown that more legal firearm carriers in urban minority areas have a proportionately greater benefit than in areas with lower crime rates. That seems common sense. If there is more crime, there is more crime to be prevented.

People who desire a disarmed population claim that a black man cannot use a firearm in self defense, because they will either be killed by police, or convicted in the courts. DeMarco Williams' case is another data point that contradicts that argument.

There is no indication that Demarco Williams was in the process of having his right to bear arms restored.

It appears that his felony conviction was for a non-violent offense.  He may be a candidate to have his Second Amendment rights restored.

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

Gun Watch

OK: Armed Teen Holds Suspect for Police

LUTHER, Okla. - A Luther teen who went to feed his cattle found a chase suspect hiding out in his truck.

He didn't run away. Instead, he held her at gunpoint until police got there.

The teen actually helped end a run from the law and likely a string of nearby crimes.
More Here

FL: Gunfight, Woman and Car Burglar

“After 5am a woman was exiting her home when she encountered a car burglar, she interrupted a car burglary,” explained BSO Spokeswoman Joy Oglesby. “There was a brief foot chase and the suspect turned and shot at her, she returned fire.”
More Here

OK: Woman Fires at Other Woman Attempting Break-In

Upon arrival, officers were told the homeowner heard a noise in the back part of the residence. The homeowner retrieved a firearm, called 911 and checked on the noise. After walking to the back of the house, the homeowner noticed a window had been broken and saw a white female, carrying a firearm and a hammer, attempting to enter the residence through the broken window, police said in a news release.

The homeowner fired shots at the suspect. The suspect fled the area. It was unknown if the suspect was injured.

More Here

TX: Neighbor Fires Warning Shot, Stops Break-in

Investigators learned that the person who called 911 witnessed at least two people trying to break into a neighbor’s house. When one of the burglars noticed they had eyes on them, he fired one shot into the ground, police said.

More Here

Friday, August 24, 2018

CO: Armed Passerger Takes Greyhound Busjacker into Custody

Another passenger confronted Arellanes-Audelo, at which point the suspect broke out a window and got out of the bus.

After getting out, Arellanes-Audelo was confronted by a passerby, who was armed with a gun. After seeing the gun, Arellanes-Audelo dropped the knife and remained at the scene until law enforcement arrived.

More Here:

NC: Man Shot Attempting Break-In

Police later said the victim in the shooting turned out to be the suspect. The man is expected to survive and will face charges.

According to authorities, the man was shot by another man after he tried to get into the home.
More Here

TX: Gunfight, Armed Employee, Owner, Wound man who Fired at them

Once the fight was over, Camarena went to his car and pulled out a gun and fired towards the business and employees, deputies say.

The owner and an employee returned fire striking the suspect and his vehicle multiple times.
More Here

WA: Neighbor Shoots Man Armed with Knife

Investigators said two tenants had some sort of argument when one went after the other with a knife. The unarmed tenant went to a third tenant for help.

Police said the third tenant saw the other man armed with the knife. The third tenant then grabbed his gun and shot the other man.
More Here

UT: Naked Intruder Shot by Elderly Homeowner

OLD IRON TOWN, Iron County — A St. George man is in custody after authorities say he was shot while trying to break into an Iron County home while naked Tuesday afternoon.
More Here

Armed Citizens Stops Attack at Titusville Back to School Event

A male attacker with a gun opened fire at a back to school event in Titusville, Florida on Saturday, August 4th, at about 5:20 p.m. About a dozen shots were fired. An armed citizen drew his own handgun and returned fire. The attacker was severely wounded with a head shot. No one else was injured. 150 people were attending the event, including over 100 children. Video was captured at the event, showing people fleeing the attacker. Shots can be heard on the audio of the video. From
Reports of the shooting started coming in at 5:20 PM on Saturday, August 4th 2018, at Isaac Campbell Park, located at 701 South Street.

The initial shooter was airlifted to a local hospital with life threatening injuries. His gun was recovered from the scene.

 Link to Youtube video

"It was kids in the path of those bullets, said Dwight Harvey, who was at the event. "But thank God none of the kids got hurt. To have this happen at an event for the kids and peace in the city it's just crazy to me; it's just unbelievable."
Police, who are investigating the event, report the armed defender was legally carrying his firearm. From

A bystander licensed to a carry a firearm then shot the shooter, who was flown to a nearby hospital with life-threatening injuries, police said.
The police reported that the result could have been much worse in the crowded venue.  From
“We are extremely grateful that nobody else was injured in this incident,” Deputy Chief Todd Hutchinson said in a news release. “This suspect opened fire at a crowded public park, this could have been so much worse”.
Carry permits have been trending up in minority communities.  The number of people carrying weapons for self defense has been increasing all over the United States. The number of legal carriers has been increasing faster among women and minorities. From
Records from states that keep statistics on race and concealed handgun permits showed that from 2012 to 2016, the number of blacks who have permits grew 30 percent faster than whites who have them.

Asians appear to be the group that has experienced the largest increase in permitted concealed carry permits.

“All states now allow concealed carry,” CPRC President John Lott Jr. said. “And they are all issuing more permits. The longer that concealed carry laws have been in effect, the more time that people have had to apply for and receive permits.”
Dr. John Lott has found that urban minorities see the greatest decreases in crime as the numbers of legally armed citizens increase in those areas.  From
My research has demonstrated that the two groups that benefit the most from carrying guns are the likeliest victims of crime (poor blacks in high-crime urban areas) and people who are physically weaker (women and the elderly). Dozens of published peer-reviewed studies find similar results.
As more minorities legally carry self defense firearms, more instances of legal self defense will occur. As minority groups learn they are able to exercise their Second Amendment rights, more minorities will support and defend those rights.

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

Gun Watch

Thursday, August 23, 2018

Woman Treed by Wolves Waits for Authorities to Allow Rescue

OK: Woman and Neighbor Fight off Intruders

As she was calling 911, Lyon got inside the home and tried to get the gun she was armed with but she fought back, hitting him in the face.

“There was a challenge there for the weapon,” said Walton. "She was able to retain the weapon."

A neighbor heard the commotion and went to help the woman.

She handed the neighbor her gun, and they fired a warning shot at Lyon, but he already jumped out of a window.
More Here

Followup IN: Shooting of Titus Ellington ruled Justified

She shot Ellington in self-defense, she told police.

Phone records confirmed Ellington called her just before the shooting.

Ellington's cause of death was gunshot wound to the abdomen and his manner of death was homicide.

Homicide is defined as the death of one person at the hands of another. In this case, the victim was acting in self-defense, reports said.
More Here

OK: Homeowner fires shots at Intruders on Property

The homeowner told deputies he was alerted by movement on his security cameras and saw two men trying to break into his storage unit with a blow torch. The homeowner ran out and yelled at the men. He noticed one of the suspects had a gun on them, so he fired shots at them.
More Here

Wednesday, August 22, 2018

Georgia Professors Lawsuit to Stop Campus Carry Fails

Judge Kimberly Adams

In May of 2017, Governor Nation Deal signed a Campus Carry bill into law in Georgia.  In September of that year, six college professors filed a lawsuit against Governor Deal and Georgia AG Chris Carr. The professors alleged the State did not have the authority to regulate the university system. From
“Whether firearms on campuses help or hinder the cause of creating a safe and secure learning environment is, to be sure, a subject of intense debate,” the lawsuit said. “Reasonable minds can and do differ on this issue, but this case is not about who is right. Rather, it is about which entity decides.”
On 9 August, 2018, Judge Kimberly Adams denied the injunction to stop the heavily regulated bearing of arms on Georgia institutions of higher learning. Judge Adams presides over the Superior Court of Fulton County.

The University of Georgia was not involved in the lawsuit. From
A Fulton County judge has denied an injunction request by six Georgia professors to prohibit the state’s contentious campus carry law, which allows licensed gun owners to carry a firearm on some parts of public college campuses.
 The professors argued campus carry is dangerous and unconstitutional. The law has been long sought by conservatives and gun rights activists as a safety measure for students, faculty and administrators. Gov. Nathan Deal signed the law in 2017. He and Georgia Attorney General Chris Carr were defendants in the case.
The judge ruled the lawsuit invalid, because the Governor and AG are immune from lawsuit for legal actions performed as part of their official duties, under sovereign immunity.

The professors are considering appealing the ruling.

 The Georgia campus carry law has now been in effect for over a year, without ill effects. The experience in Georgia mirrors those in other states. Six states, Arkansas, Colorado, Georgia, Texas, and Utah, now explicitly allow for the licensed concealed carry of firearms on Campus, including inside of campus buildings.  Kansas has had Constitutional Carry on campus for over a year.

As Students for Concealed Carry on Campus predicted, problems have been minimal.

There have been no murders, rapes, suicides or assaults with guns legally carried on campus, since at least 2007.

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

Gun Watch


IN: Store Owner Shows Restraint, does not Shoot at Fleeing Armed Robber

He took aim, as the video showed the suspect frantically fleeing the store. Stinson said his gun was loaded. He said he didn't pull the trigger because he saw a boy in front of his store, and was concerned a stray bullet would hit him.

“If you’re shooting a 40 caliber, it’s going to go through him, through this merchandise, through that window, and what's beyond that window,” Stinson said, “He’s got a lot more to live than me. That’s true, that’s a little boy there.”
More Here

PA: Man Assaults Neighbor, Damages Truck, Gets Shot

Police said the shooting victim had been driving his truck on Berryhill Road when he encountered his neighbor, who was also driving along the road. The shooting victim and his neighbor, also 54, have a history of arguing with each other, police said.

The shooting victim got out of his truck and assaulted his neighbor and damaged the neighbor’s vehicle. It was during the alleged assault that the victim was shot, police said.
More Here

IL: Attempted Robbery Becomes Gunfight, Victim Wounded in Leg

The man pulled out his own gun and the two began to shoot at each other, according to police. He was struck in the leg and was taken to Stroger Hospital in serious condition.

Police did not know if the robber had been shot. The wounded man had a license to carry his weapon.
More Here

GA: Gunfight, two Victims, three Robbers, one Robber Shot

During the robbery, the two unidentified victims began shooting at the robbers. The robbers returned fire before leaving the scene, police said. A third robber was waiting outside as a getaway driver, police say.
More Here

Tuesday, August 21, 2018

Professors Lawsuit Against Campus Carry Rejected by Fifth Circuit Court of Appeals

Image by Kate at

A longshot appeal to the Fifth Circuit, to stop Texas Campus carry, has been rejected by a unanimous three judge panel of the Court.  Three professors at the University of Texas had filed the case on novel grounds. From
Three professors from the University of Texas at Austin challenged a Texas law permitting the concealed carry of handguns on campus and a corresponding University policy prohibiting professors from banning such weapons in their classrooms. The professors argued that the law and policy violate the First Amendment, Second Amendment, and Equal Protection Clause of the Fourteenth Amendment. The district court dismissed the claims.

Two years ago, in July of 2016, three academics associated with the University of Texas sued the Texas AG, Ken Paxton, and several University of Texas officials. They were desperately attempting to stop the start of Campus carry in Texas, where some students who had Texas carry permits were allowed to carry personal defensive firearms on campus. The firearms had to be concealed.

A year later,  Judge Lee Yeakel dismissed the case, on the grounds that the defendants had not suffered any harm. Therefore they had no standing to sue. The professors decided to appeal to the Fifth Circuit Court of Appeals.  All of the professors are women. One, Dr. Glass, is a Liberal Arts Professor. The other two, Dr. Lisa Moore and Dr. Mia Carter, are professors of English. That may explain their ability to construct the novel arguments used in the case . From
Jennifer Lynn Glass, Lisa Moore and Mia Carter argued that their First Amendment right to academic freedom has been violated because free speech is chilled in classrooms out of concern that someone might be carrying a concealed handgun.

They also contended that their Second Amendment rights have been infringed because firearm usage is not sufficiently “well-regulated.” And they said their right to equal protection under the 14th Amendment has been violated because UT lacks a rational basis for deciding where concealed carry is permitted.

A three-judge panel of the 5th U.S. Circuit Court of Appeals unanimously rejected all those arguments Thursday, upholding the July 2017 dismissal of the case by U.S. District Judge Lee Yeakel of Austin.
At the Fifth Circuit, the three judge panel dismissed the appeal because merely claiming you are frightened of a possible outcome does not violate First Amendment protections. The Second Amendment protects the right of individuals to keep and bear arms, not the right of the state to restrict individuals from keeping and bearing arms.

The Fourteen Amendment claim was dismissed under "rational basis", which the Professors had admitted was the correct level of scrutiny for their claim  They said there was no rational basis for regulations of the University of Texas, insisted on by the State of Texas, which found that concealed carry could be restricted on some places in the University campus, such as research laboratories, but not others.  They claimed different regulations on private universities versus public universities, violated equal protection under the law.

The Fifth Circuit panel stated it was easy to find a rational basis for such disparities, such as the protection of private property rights at private universities.

Now the professors will evaluate if they wish to expend more treasure and time to ask for an en banc hearing of the entire Fifth Circuit. An en banc hearing would be voted on by the entire Fifth Circuit. If approved, the entire Circuit would hear the case.

I expect the entire Fifth Circuit would uphold the dismissal by the three judge panel. The opinion is well argued, and rests on solid precedent. The professors have the option of appealing to the Supreme Court. With the impending appointment of Judge Kavanaugh by President Trump to the Supreme Court, a successful Supreme Court appeal appears less likely.

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

Gun Watch

IL: Tow Truck Driver Shoots one of four Robbery Suspects

The driver said that four individuals attempted to rob the driver who then pulled out a gun. The other individual ran away, but one person was injured by the driver.
More Here

CA: Gunfight, Property Owners Exchange Shots with Burglary Suspect

The female stopped the pickup and pointed a handgun toward where the three victims were standing. The female fired one shot, which did not strike anyone. Ceehorne, who was armed, shot at the pickup in self-defense. The female then exited the pickup and ran away with the male.
More Here

Followup NC: Domestic Defense Justified when 15-Year-Old Girl Shot Mother's Boyfriend

Authorities say a 15-year-old girl shot and killed her mom’s boyfriend, but she’s not in trouble with the law. Neither is her little brother, who allegedly brought out the gun in the first place. Prosecutors determined this was “justified,” according to a news release last Friday from the Rutherford County Sheriff’s Office in North Carolina.
More Here

NC: Gunfight, Intruder shot by Homeowner

COLUMBUS COUNTY, NC (WECT) - A Columbus County homeowner reportedly shot and injured a man attempting to enter his residence late Thursday night.

According to a spokeswoman with the Columbus County Sheriff's Office, the homeowner told deputies that one of his neighbors tried to enter his home on Tillman Avenue — about 12 miles outside of Tabor City — around 11:20 p.m.
More Here

Monday, August 20, 2018

NH: Man Fires shots a Intruder's Vehicle, No one Hit

PORTSMOUTH, N.H. – A teenager on his way to a party went to the wrong address and was shot at by a homeowner who thought the teen was an intruder, CBS Boston reports.
More Here

VA: Domestic Defense Disarm, Girlfriend Shoots Ex

BEDFORD, Va. (WDBJ7) A Vinton man is recovering from a gunshot wound deputies say he received during an attack on his ex-girlfriend and her father.

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OR: Man Shoots Mountain Lion that Killed his Animals

A Bend-area resident shot and killed a cougar on his property earlier this week after it attacked and killed two of his Shetland sheep and a turkey.

Mark and Candy Davidson live on about 20 acres just east of Bend, on Bear Creek Road near Teal and Gosney roads. They raise the sheep for their wool to create and sell fiber. On Monday afternoon, Mark found the dead animals.
More Here

SC: Man who Shot Victim is Shot and Killed

CHARLESTON, S.C. (WCIV) — A man has been shot to death after Charleston Police say he forced his way inside an apartment late Wednesday night, and first shot someone else.

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Sunday, August 19, 2018

Woman, Armed with Marlin .22 rifle, Drives off Unwanted Visitor

On 9 August, 2018, a Cheri Bentham was waiting for a package to be delivered at her semi-rural residence on Hoo Shoo Too road, next to the Amite River. It was afternoon and about 93 degrees in Baton Rouge, Louisiana.

A white man, about 5'6" appeared at her door, and started to make some suggestive and alarming comments. He said he had been watching her house. From
Benham was busy trying to get her three small dogs back inside when she noticed the man was touching himself inappropriately outside his clothes. As his remarks became lewder, she ran back inside and grabbed her .22 caliber snake rifle.

"I shot towards the ground and screamed at him to not come back," she said. "He left out of here with a hot foot. He was like a bank robber, he was gone."
The rifle Cheri Benham used appears to be the ubiquitous Marlin model 60. It was topped with a red dot, or reflex sight of some kind. The Marlins are noted for their accuracy, dependability, and affordability.

Some may question the necessity of the warning shot. The situation may have been alarming. It did not appear to be life threatening.

While the warning shot may or may not have been necessary, the man left quickly, knowing that Cheri was armed and not afraid of using her rifle.

Warning shots have some negative potential. The bullet has to go somewhere. In a tense situation, the shooter may not be certain the shot will be harmless. It uses one cartridge you might need later.

If used judiciously, warning shots have been effective in some cases. In this semi-rural setting, the shot was to the soft ground, with little chance of a richochet. Cheri knows her rifle well. She says she is a good shot. The reflex sight allows for very quick and accurate shot placement. There do not appear to be many neighbors close by.

Shot was toward the soft ground

Warning shots were less controversial in the 1920s. In an era where liability law was far less restrictive than what we have today, newspapers reported women shooting near suspicious men on their property.  The papers seem to have approved of their action.

The response to Cheri Behnam's use of her rifle appear to be similar. In the comments on the story, most approve of her actions. None of them are sympathetic to the man who ran off.

As with many tactical considerations involving deadly force, it is hard to make absolute statements about warning shots. Much depends on the individual circumstances. In a sparsely populated rural area, warning shots are far less dangerous than in a crowded urban environment.

Someone with a rifle with 15 rounds in its magazine will be less worried about using one round than some one who has a single shot or double barreled shotgun.

A defender may believe they will not be considered serious of a shot is not fired. Perpetrators may indicate they do not believe the firearm to be loaded, or real.

I do not recommend warning shots as a general practice. In some specialized circumstances, they may be useful.

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

Gun Watch

TX: Homeowner Shoots, Killls one of three

DALLAS (CBSDFW.COM) – Police are investigating after a homeowner shot and killed one of three armed intruders shortly after midnight.

More Here

Followup CT: Shooting Death from December ruled Self Defense

Prosecutors say a fatal shooting in Connecticut last year was a case of self-defense and no charges have been filed.

State's Attorney David Shepack told the News-Times on Tuesday that Andre Edness' death in a Kent home in December "appeared to be a lawful exercise of self-defense."
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OR: Armed Woman Drives Intruder from House

The woman told police the man “wildly looked around” her apartment, grabbed a pill bottle and $60 cash and then exposed himself to her.

According to court documents, the woman then pulled out a concealed handgun from her purse.

“The gun wasn't the first thing that came to my was how am I going to get out of here," Kim, who declined to share her last name, said. “I was in a sheer panic, I was just in a panic."

The man dropped the bottle and ran out of the apartment with the $60 cash.

"He saw it and ran," Kim said.
More Here

Saturday, August 18, 2018

San Diego Protestors Want Censorship and Gun Control

Those pushing for a disarmed population have been educated to the fact that effective restrictions on arms cannot be achieved without strong government censorship and control over information. The First and Second Amendments in the Bill of Rights reinforce each other and make restrictions on both free expression and the right to keep and bear arms difficult. A spokesperson articulated the protestors passion for a government regulations that the believe will make them safe.  From
SAN DIEGO (NEWS 8) - Protestors of the Del Mar Gun Show addressed the Fair Board on Tuesday afternoon with their newest concerns.

The protestors want the board to ban sellers of blueprints or anything else that can make 3D-printed guns.

Demonstrators say, “anyone can log on and download the plans to produce the guns. We have to regulate anything that is potentially dangerous. Period. The fact that the internet makes it easier to get these things makes it all the more necessary to have regulations in place.”
On Tuesday, protestors encouraged the board to consider banning any person or business that promotes 3D-printed guns.
There have been books published about how to make guns for centuries. Americans have been making their own guns for all of that time. In the 1950s and 1960s, it was common for high school students to make guns as a shop project. A friend of mine made a small pistol. He used a sand-casting technique to make the frame.  I and a friend made a small replica cannon.

In an industrial society, guns are easily made with existing and common metal shapes. The Army published a manual on making pistols that are more capablle that the 3D Liberator out of hardware store parts.

The San Diego protestors want a government that controls all parts of life to give them an illusion of safety.  Everything is potentially dangerous. According to the protestor, that means everything should be regulated by the government.

It is a concise summation of the Progressive vision of utopia.

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

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