Thursday, February 28, 2019

Supreme Court Takes Closer Look at Rogers v. Grewal, NJ Second Amendment Case

Rodgers v. Grewal is a New Jersey Second Amendment case that has pushed through the court system of appeals. The petitioners are asking the Supreme Court to hear the case. The legal term is to ask the Court to  grant a writ of Certiorari.

The case is the next in a stream of Second Amendment cases over the last eight years. This case, like others, deals with the  Second Amendment right to carry a weapon, specifically a handgun, outside of the home.

The Supreme Court has refused to hear a case on the issue for eight years. That changed on January 22, 2019, when the Court agreed to hear a case from New York Rifle & Pistol Association. In that case, the City of New York forbids pistol owners from taking a pistol outside of their home except to one of nine ranges available in New York City.  That case was granted a writ of certiorari or "cert" as it is called in legal jargon.

The New Jersey case is broader, and deals with issues already raised in several appeals courts. The primary issue is whether there is *any* right to bear arms outside of the home. The Third Circuit Court of appeals had decided, in a previous case, the right to bear arms did not apply outside of the home. The only avenue left was an appeal to the Supreme Court.

The First, Second, Third, and Fourth Circuits have all held, in slightly varying degrees, that there is no Second Amendment right to bear arms outside of the home.  These Circuits contain states on the East coast that remain "may issue", which is to say, allow a governmental authority to deny the right to carry outside the home on the basis of need, which does not include a general need for self defense.

The D.C. circuit and, currently, the Ninth Circuit, have held there is a right to bear arms outside the home, and the government cannot deny a permit to carry on the basis of need.

This makes for a split in the circuit courts. The petitioners in Rogers v. Grewal argue it is a split that needs to be fixed by the Supreme Court. From the petition:
This Court’s review is necessary in this case for three independent reasons: to resolve the direct conflict in the circuits over the constitutionality of laws like New Jersey’s, to correct the decision of the court below essentially ignoring the clear holdings of Heller and McDonald, and to end the lower courts’ open and massive resistance to those decisions.
The Supreme Court had scheduled a hearing on the case for 19 February, 2019.

Congress granted the Supreme Court the power to decide what cases it would hear when it set up the appeals court system in 1891. About 8,000 cases ask for a writ of certiorari in a given year. The Supreme Court accepts about 80, or one percent of those cases.

In some cases, the court desires more information about the case before it makes the decision about accepting it or deciding not to hear it. The Court asked for more information about Rogers v. Grewal. From the
Feb 19 2019  Response Requested. (Due March 21, 2019)
It will be at least a month before we know if the Supreme Court decides to hear Rogers v. Grewal.  The Supreme Court is interested enough to ask for more information.  That does not mean they will hear the case; it means they did not refuse to hear the case with the knowledge available to them at present.

The case has several aspects that make it a good candidate. But Second Amendment supporters have been disappointed several times in the last eight years.

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

Gun Watch

TN: Theives Snatch and Grab guns and Run, are Caught by Armed Clerks

There is video of the incident at the link.

The incident happened Tuesday at Bullseye Gun, Gear and Pawn on Shelby Street.

The suspects entered the store, grabbed two weapons and fled from the business. The clerks, all armed, chased after them and got them to surrender.

The clerks held the four suspects at gunpoint until Murfreesboro police officers arrived.
More Here

AL: Armed Victim who Shot Robber was Justified

The victim who fatally shot a man who tried to rob him Tuesday night in West Birmingham was justified, Birmingham police said Wednesday.
More Here

FL: Plain Clothers Officer who Killed Man who had CCW on Trial for Manslaughter

Prosecutors say an audio recording shows Raja never identified himself. They say that caused Jones, who had a concealed-weapons permit, to pull a handgun because he feared he was being robbed. They say Raja kept firing after he saw Jones throw away his gun, and lied to investigators about it.
More Here

Wednesday, February 27, 2019

Oklahoma Constitutional Carry Getting Close to Passage

Unrestricted is Constitutional Carry

Oklahoma Constitutional Carry, in the form of HB2597, is moving forward.

Here are part of the changes in the statutes. The Constitutional Carry law will remove the provisions of law that make it illegal to carry guns and knives for ordinary legal purposes. 
A. It Notwithstanding any other provision of law, it shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any blackjack, loaded cane, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:1. The proper use of guns and knives for self-defense,hunting, fishing, educational or recreational purposes;
Constitutional Carry in Oklahoma passed, with large majorities, in both houses in 2018. It was vetoed by Governor Mary Fallin.

In 2019, it has been re-introduced, has passed the House  with a 70 to 30 vote, and has now passed the Senate Appropriations Committee, 18-4, with a recommendation for the full Senate to pass the bill. From
The vote was 18-4 in favor of the bill that says if you are over the age of 21 and NOT a convicted felon you are able to carry a firearm.

It also states that if you are over the age of 18 are an active duty member of the military or National Guard or have been honorably discharged you can also carry.
There are 48 members of the Oklahoma Senate. The Senate has 39 Republicans and 9 Democrats.  Last year, Constitutional Carry passed the Senate with a 33-8 vote. It seems likely the Senate will pass HB2597.

Governor Kevin Stitt (R) has repeatedly said he will sign the bill, with a caveat that he will insure there are no major changes in the it, presumably, compared to last year.

Depending on who makes the count, and how Constitutional Carry is defined, there are now 14 states that have restored Second Amendment rights to an approximation of what they were when the Second Amendment was ratified in 1791.  No permits were required to carry weapons concealed or openly at that time.

Vermont has always had Constitutional Carry since 1791.

 In 2003, Alaska passed Constitutional Carry to restore the exercise of Second Amendment rights.

In 2010, Arizona passed Constitutional Carry.

In 2011, Wyoming passed Constitutional Carry.

In 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry. Some county prosecutors threaten prosecution, but it has not happened.

In 2015, Kansas, and Maine became Constitutional Carry club members.

In 2016, Idaho, Missouri, West Virginia, and Mississippi became Constitutional Carry states.

In 2017, New Hampshire, and North Dakota were passed Constitutional Carry.

In 2019, South Dakota passed Constitutional Carry.

Oklahoma is the most likely to pass Constitutional Carry next.

If Oklahoma passes Constitutional carry, 30% of the states will have restored the Second Amendment right to carry, or a reasonable facsimile thereof. 

Kentucky, Alabama, Iowa, Texas, Georgia, South Carolina, Ohio, and Michigan all have some movement on Constitutional Carry bills.  Most bills will die in the legislative process, but one to three more states could plausibly restore  Constitutional Carry in 2019.

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

Gun Watch

AL: Car Owner Shoots Theif Attempting to Steal Rims and Tires

Investigators believe the man was trying to steal rims and tires from a vehicle when its owner heard the sound of "an impact tool" and confronted the thief, police said. The vehicle owner was armed with a gun and shot the man multiple times, police said.

The vehicle owner is cooperating with detectives, Grand Prairie police spokesman Mark Beseda said. No charges have been filed.
More Here

TX: Assault on Girlfriend Leads to Shooting, Wounding

Witnesses said the victim was assaulting his girlfriend when another man "took offense" to it, according to Houston police Lt. Larry Crowson.

The onlooker confronted the man, and one of them pulled out a gun. Crowson said he wasn't sure which man pulled the gun, but the victim was shot at least one time.
More Here

Tuesday, February 26, 2019

Parks and Wildlife Warn of Mountain Lions in Edwards, Colorado

Colorado Parks and Wildlife is warning residents of Edwards, Colorado, that 8-10 mountain lions are roaming about their town, and may be dangerous. From
Yamashita says based on the reports he has received from Edwards residents, it appears there are two females in the area, each with a litter of 3 or 4 juvenile lions.

"The young lions are nearly full grown, as large or possibly larger than their mother," said Yamashita. "It appears the female lions are teaching their young to hunt among a human populated area. Considering we are talking about nearly full-grown lions, this is not a sustainable situation. We will take the appropriate management action as necessary, but what the action will be remains to be seen and will be based on our assessment of public risk and the lion's behavior going forward."

CPW officials say once a predator has lost its natural fear of people, they can become a direct threat to human health and safety.

"This is a troubling situation and we are very concerned for the safety and welfare of the people in this area," said Northwest Regional Manager JT Romatzke. "We ask everyone to take this warning seriously."
Mountain lions tend to be solo hunters, unless they are part of a family group, such as these cats are alleged to be. The usual litter for mountain lions is two cubs. These cats are doing very well. To have two females, each with larger than average litters, suggests a reliable food supply.

Maybe there were large numbers of domestic dogs and cats missing from Edwards?  Mountain lions have been known to prey on domestic dogs and cats.

Edwards is a large, unincorporated community with a population of over 10,000, and an area of about 27 square miles.  That is only one person for every 1 3/4 acres, about one tenth the density of the average suburb in the United States.

A man fought off a mountain lion attack with his bare hands less than three weeks ago, in Larimer County, Colorado, about 150 miles Northeast of Edwards.
They usually attack from ambush, without warning, often from behind. That happened to a runner in Colorado. But the runner was not listening to music on earbuds or headphones. He heard something. He started to turn around. He saw the lion launching itself at him.
South of Colorado, in New Mexico, a mountain lion killed and ate a man in 2008.  From
PINOS ALTOS, N.M. -- The New Mexico Department of Game and Fish and U.S.D.A. Wildlife Services captured and killed a second mountain lion Tuesday morning resulting from the search for the lion that killed a Pinos Altos man. The first lion was caught and killed June 24 and may have been the one that killed and partially ate 55-year-old Robert Nawojski June 17 or 18 near his Pinos Altos home.
Mountain lions not as tough as bears. They are thinner skinned and have lighter bones. Most handguns would be useful in stopping a mountain lion. Many have been killed with .22 rimfires. One was killed with a boar spear as it attacked a man's wife in Canada, in 2013. I would carry something with more power than a .22, if I were concerned with mountain lions.

Mountain lion attacks are rare, but are increasing as mountain lion populations expand, hunting is highly regulated, and young lions are looking to establish new territories.

It has always been legal to openly carry firearms in Colorado without a permit. Colorado has a shall issue concealed carry permit that is not too difficult to obtain. It costs about $100 to $200 for everything involved, depending on whether training is needed. The permit requires renewal every five years.

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

Gun Watch

AZ: Domestic Defense, Estranged Husband Shot, Killed, by Wife's new Boyfriend

Investigators believe Watson arrived at his estranged wife's apartment where he confronted the woman's boyfriend. Watson assaulted the man who fired a handgun, hitting Watson.

Officers said both the estranged wife and her boyfriend stayed on the scene and are cooperating with the investigation.
More Here

TN: Homeowner, Armed with Shotgun, Shoots Intruder

GREENE COUNTY, Tenn. (WJHL) - Officials with the Greene County Sheriff’s Department say a Bulls Gap man is currently in serious condition at the Johnson City Medical Center after attempting to break into a Greene County home over the weekend.

More Here

TX: Home Invasion Gunfight, Defender and 1 of 3 Attackers Wounded

They forced the couple back inside their apartment where, police say, the boyfriend reached for a gun.

He and one of the robbers began shooting at each other. Both of them were hurt and were taken to an area hospital, officials.
More Here

Monday, February 25, 2019

NC: "I Shot Them with a Gun they Dropped" Three shot, two arrested. Disarm

GREENSBORO — A man who called 911 on Sept. 1 told dispatchers he woke up to people in the house and shot one of them with a gun they had dropped.

Authorities on Wednesday released the audio recordings of three 911 calls in the shootings at 1100 Huffine Mill Road that police have said were connected to a planned robbery.

In one, the man calling for help could barely be understood at first because he was sobbing. The caller managed to give the address before breaking down.

More Here

Followup UT: Domestic Defense: Officer Killed in Home Invasion Faced Charges

IDAHO FALLS, Idaho — It’s unclear what events led up to the death of Idaho Falls police officer Blaine Reed at the hands of a Utah homeowner Thursday night, but there is some indication Reed was having difficulty in his personal life.

Reed, 35, was placed on administrative duty in October, and administrative leave a month later after he reported a domestic dispute between himself and an ex-girlfriend to his superiors. That physical fight eventually led to felony and misdemeanor abuse charges filed against him in Jefferson County, reports
More Here

FL: Domestic Dispute, Man Threatens Neighbor, is Shot, Killed

Joshua Ellis, 34, got into a loud argument with a woman at his home on the 10300 block of County Lake Dive. The dispute was so loud that Ellis' next door neighbor, Brien Colby, 39, walked out of his own home to see what was the matter.

Ellis took exception to Colby's presence. While Colby was on the phone with 911 to report the dispute, Ellis moved toward Colby and threatened his neighbor's life. Colby, standing on his own property, shot Ellis in the chest with his 9mm handgun.
More Here

CA: Camera Crew Robbed of Equipment, Security Guard Wounded

The KPIX 5 crew was outside their news van when a car pulled up. Two suspects got out of the car and one pulled a gun on the crew, demanding their camera. The crew surrendered the equipment and then began walking back to the van.
One suspect and the security guard exchanged fire. The guard was shot in the upper leg, transported to Highland Hospital and listed in stable condition.

More Here

GA: Gunfight, Homeowner, Invader both Wounded

“He would even give you the food out of his place if you needed. That’s why I can’t understand how somebody could do it to him,” Plant said.

Others heard him calling for help from inside his apartment.

“He was screaming like crazy, 'Help! Help! Help! Please call the police! Please call the police!'” the mother said.

Neighbors think both men fired at each other during a shootout as the suspect tried to barge into his apartment, thinking he had a large stash of money.
More Here

Sunday, February 24, 2019

UT: Domestic Defense? Armed Homeowner Shoots Off-Duty Police Officer

LAYTON — Layton police say a man who burst into a home uninvited to confront the homeowner about an alleged relationship was shot and killed by the homeowner Thursday night.

The victim was an Idaho Falls police officer. He was identified Friday as Blaine Reed, 35.
More Here

IA: Men Break into Wrong House, are Stopped by Armed Homeowner

DUBUQUE, Iowa (KCRG) - Three men are facing charges after police said they broke into a Dubuque home intending to assault a man, but the suspects entered the wrong house and were confronted by an armed homeowner.
More Here

WA: Armed Victim Shoots at Man who Brandished Gun

According to the victim, just prior to contacting law enforcement, the victim observed an unknown male suspect siphoning gas from his vehicle. The victim, armed with a firearm, confronted the suspect. The suspect reportedly began to walk away when the victim demanded that he stop.

The suspect then reportedly brandished a firearm at the victim, at which time the victim fired one shot at the suspect. It is unknown if the suspect was struck, however, no evidence of injury was located at the scene. The suspect then ran to his vehicle and fled the scene.
More Here

TN: Stabbing Victim (off duty officer), Shoots and Kills Attacker

That is when one of the drivers got out of his vehicle and approached the Redbox movie rental unit next to the building’s wall.

The second driver confronted the man about the road rage incident. That person suddenly stabbed the man standing at the Redbox, wounding him with the knife that was used.

The stabbing victim then pulled a gun and fired, striking the knife wielder in the chest and killing him.
More Here

Saturday, February 23, 2019

Australian Police in Brighton Take Down Man for Walking with Minature Toy Rifle

On February 9th, 2019, Australian police officers swarmed a man walking along a busy, coastal, pedestrian walkway in Brighton, Australia. Police took down the man because of reports that he was armed with a rifle. 

In a video from 7 News Adelaide, you can see the toy gun next to a female officer's boot.  Use the tiles/bricks the officer is standing on for scale.

 Video link on

The toy appears to be about a foot long, less than one/third scale. No reasonable person could mistake it for an actual, functioning rifle.

Brighton is an upscale, urban, coastal suburb of Melbourne, Australia, in the state of Victoria. 

It is illegal in Victoria to own a replica or imitation firearm without a firearms license.

The following information is from the Victorian police website. The last update is given as 18 May, 2018.  From

Differentiating between an imitation firearm, replica firearms and other firearm paraphernalia and toys

There are a wide variety of firearm-themed items available on the market aimed at children or firearm enthusiasts. Depending on the overall appearance and function of these items, some may be classified as a registrable firearm, a replica firearm or an imitation firearm. These require an authority to possess, carry or sell in the State of Victoria regardless of the intent of the manufacturer.

The information contained within this page and downloadable Quick Guide to Imitation, Toy & Other firearm paraphernalia has been published to assist you to recognise the distinguishing characteristics of an imitation firearm as opposed to a toy or other firearm paraphernalia to assist you to comply with Victorian laws in this area.

Generally, if an item cannot be mistaken for a working firearm by a reasonable person and does not have the function of a firearm, it will be treated as a toy firearm or other firearm-themed paraphernalia and can be owned without a licence or other authority.

However, items that have the appearance of a working firearm, even where they do not function as one, are classified as imitation firearms. As imitation firearms can cause public alarm, only people with a Chief Commissioner's Weapons Approval or Governor in Council Exemption can possess, carry or offer them for sale in the State of Victoria.

Replica firearms are not the same as imitation firearms. They are working copies of an original firearm and anyone in possession of a replica must register it and be the holder of the appropriate firearms licence.
Not surprisingly, 7 News Adelaide gets the legal definition wrong.   They reported it was not a rifle, but a replica. It is not a replica because it is too small and is not a working copy. It is not an imitation firearm, because it is too small.

The man was not arrested on a criminal charge. It was reported he was taken in for mental health evaluation.

A citizen opined to the 7 News Adelaide reporter that
The public doesn't know if it is real or not. They have to assume that it is real. 
I disagree. If you are so ignorant about a technical matter, you probably should not be calling the equivalent of 911 about it.

Firearms have been successfully demonized in urban Australia, indeed, in much of the world. The demonization has been so complete that citizens feel no one can be trusted walking in a public area with a toy gun.  Australian media railed about a slightly larger, obvious toy AK being carried by a child, in 2015.

A soldier, training for a military exercise, in uniform, was caught up in the hysteria in Australia for carrying a very crude mock-up of a rifle, that would be impossible for a reasonable person to mistake for a working firearm.

Much of the purpose is to make the private carry of firearms socially unacceptable.  Australian crime has been exceptionally low for decades, both before and after their extreme gun laws.

In the United States, because of the Second Amendment, we are moving in the other direction. Open carry is becoming more and more acceptable. It was ruled as a core part of the Second Amendment in the Ninth Circuit, although the case as been appealed to the full Ninth Circuit, en banc.

I fear Australian, as with the English and Canadians, have allowed their traditional right to arms to be slowly and successfully legally ignored into nothingness.

As a consolation, the police in Australia were uniformly polite and easy to deal with when I was there, in 2017 and 2018.

As a foreigner, I earnestly worked at not breaking any laws.

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

Gun Watch

GA: 79-Year-Old Woman uses Pistol to Hold off Home Invader

It was just after noon on Feb. 12 when the woman called 911, and shot at the 20-year-old suspect twice - while she was still on the phone with 911. She was able to fend him off until deputies arrived to arrest him.

More Here

FL: Armed Neighbor Stops Teens from Stealing Rifle

Ten minutes later, when Jeff went outside to smoke a cigarette, the sketchy teenagers were holding a rifle.

Police said the rifle was stolen from the home next door. That is when Jeff said he dashed back inside his house and retrieved his pistol.

“I was just watching them the whole time with the gun,” Jeff said. “Then, he looked back right there to see if I still had my gun on him… and I’m like drop the gun or I’m gonna shoot you!”
More Here

KY: Juvenile Shot as Group Attempts to Steal Car

The juveniles reportedly tried to steal a car, but the owner came out of his home and fired a gun -- grazing one of the boys.

LMPD says the kids sped off in the stolen car and crashed in a ditch at the intersection of Triplett and Noah Drives, about a half-mile from the house. The car was left running with visible bullet holes.

Mitchell says the investigation will continue, but police are still looking into what charges will be filed. He also could not say whether the juveniles could be charged as adults.
More Here

Followup NC: No Charges for Joseph Asis in Fatal Shooting of Silvestre Begley

The Davidson County District Attorney’s Office has ruled the fatal December shooting of a man trying to break into an Upton Street home a justifiable homicide.

Silvestre Begley, 21, died of a single gunshot wound to the chest. The shot was fired by homeowner Joseph Asis.

Asis will not face charges.
More Here

Friday, February 22, 2019

January 2019 NICS Check About the Same as the Previous two of the Trump Era

We have entered the third year of the Trump era of National Instant background Checks (NICS). It started with a January very similar to the last two years. National Instant background Checks (NICS) are the background check required for most sales of firearms by federally licensed firearm dealers.

There were 2,165,094 checks for January of 2019. In the first January of the Trump era, ihn 2017, There were 2,043,184 NICS checks. In the second January, (2018), there were 2,030,530. The three Januarys are remarkably similar, all within a range of only 134,564 checks.  The smallest number is in 2018. It is 93% of the largest, in 2019.

These numbers are tempered by the increasing numbers of NICS checks that are done for other purposes. The number of carry permits in the U.S.A continues to grow. That number is approaching 18 million. Permit checks and permit rechecks done in the NICS system are about half of all NICS checks.

In half of the states, this is offset because permit holders are able to purchase guns by using their permit to meet the background check requirement, instead of another background check. 25 States do not require an additional NICS check once the background check for the permit is done.

Here are the states where a NICS background check is not needed for purchasing a gun from a federally licensed firearms dealer, if you have a state carry permit:

Alabama, Alaska, Arizona, Arkansas, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, South Carolina, Texas, Utah, Washington, West Virginia, and Wyoming.

There were 1,162,142 permit and permit rechecks done in January  of 2019, 1,041,255 permits and permit rechecks done in January of 2018, and 993,743 permit and permit rechecks done in January of 2017.

When we subtract the permit and recheck NICS, the numbers for January 2017, 2018, and 2019 are  1,049,441 in 2017, 989,275 in 2018, and 1,002,952 in 2019.

Those number are a little flatter than the total NICS checks.

Americans are still buying lots of guns. The rate has declined a bit from the feverish level of 2016, but is high by historical standards.

If private gun purchases continue at the current rate, the American private stock of firearms will reach five hundred million guns by the end 2024.

Determining the exact number of private guns in society is difficult. One assumption is that unofficial guns and illegally imported guns, offset guns that wear out or are destroyed.

Kits for making your own guns, including tooling and parts, have become common and popular.  While some guns are made from scratch, many are created using kits. Most kits can be purchased through the mail, without any special license.

In some jurisdictions with strong legal restrictions against firearms ownership, homemade guns are a significant number of the firearms in society. In Nigeria, 74% of the firearms confiscated are homemade.  In China, over 98% of guns owned in the country are illegal. Many of the estimated 50 million illegal guns in China are homemade.

Legal barriers to firearm ownership apply whether the firearm is homemade or produced by a factory.

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

Gun Watch

TX: Armed Resident Shoots, Wounds, Intruder

An apartment resident told police he shot at someone he discovered inside his home Tuesday night in east Oak Cliff.

The wounded man was hospitalized, but he was expected to recover, Dallas police said.
More Here

MO: Armed Victim Fires at Carjacker

A woman was in the driver’s seat of the car and a man was loading the groceries into the trunk when an unknown man approached them with a gun.

The woman got out of the car. The man who was loading groceries was armed - he fired at least one shot toward the car as the suspect drove it away.
More Here

OR: Armed Neighbor Holds Extended Tresspassers/squatters for Police

An Oregon man helped local law enforcement detain two Idahoans accused of trespassing in a Baker County residence on Monday, according to a news release.

More Here

TX: Armed Victim Shoots, Kills, Robbery Suspect in Scam Sale of I-Phone

GALVESTON COUNTY, Texas — A man who police said just wanted to buy an iPhone ended up shooting and killing a would-be robber in rural Galveston County.
More Here

TX: Armed Father and Neighbor hold Junked-up Man for Police

The father came out with his gun and told Davis to leave.

At some point, Davis threw a ring at the the father and his neighbor who was armed as well. He told them he was trying to return it,

The men called police and held Davis at gunpoint.
More Here

Followup GA: Roger Thomas found Not Guilty of all Charges in Shooting Death of Half Brother

A Columbus jury found Roger Thomas not guilty of murder Monday in the 2015 fatal shooting of his half-brother during a birthday party at Thomas’ 435 Bernard Drive apartment.

Thomas also was acquitted of all other charges, including aggravated assault and using a firearm to commit a felony.

“The crux of the whole case was really him and whether or not the jury believed ... by the evidence, which would include his testimony, that he was really in fear of receiving a serious bodily injury, or potentially death, when he fired that fatal shot,” Jackson said.
More Here

The US ‘Has the Most Mass Shootings’—and Other Bogus Gun Research

A few years ago, much of the media claimed that the U.S. has “the most mass shootings of any country in the world.” Then-President Barack Obama added it’s “a pattern now … that has no parallel anywhere else … .”

CNN and the Los Angeles Times wrote about “Why the U.S. Has the Most Mass Shootings.” (“The United States has more guns.”)

But the U.S. doesn’t have the most mass shootings, says Lott. It’s a myth created by University of Alabama associate professor Adam Lankford, a myth repeated by anti-gun media in hundreds of news stories.

“Lankford claimed that since 1966, there were 90 mass public shooters in the United States, more than any other country,” says Lott. “Lankford claimed ‘complete data’ were available from 171 countries.”

But how could that be? Many governments don’t collect such data, and even fewer have information from before the days of the internet.

A shooting in say, India, would likely be reported only in local newspapers, in a local dialect. How would Lankford ever find out about it? How did he collect his information? What languages did he search in?

He won’t say.

“That’s academic malpractice,” says Lott in my video about the controversy.

I’m not surprised that Lankford didn’t reply to Lott’s emails. Lott is known as pro-gun. (He wrote the book “More Guns, Less Crime.”) But Lankford also won’t explain his data to me, The Washington Post, or even his fellow gun control advocates.

When Lott’s research center checked the data, using Lankford’s own definition of a mass shooting—“four or more people killed”—the center found 3,000 shootings around the world. Lankford claimed there were only 202.

Lankford said he excludes “sponsored terrorism,” but does not define what he means by that. To be safe, Lott removed terrorism cases from his data. He still found 709 shootings—more than triple the number Lankford reported.

It turns out that not only did the U.S. not have the most frequent mass shootings, it was No. 62 on the list, lower than places like Norway, Finland, and Switzerland.

There was also no relationship between the rate of gun ownership in different countries and the rate of mass shootings.

If journalists had just demanded Lankford explain his study methods before touting his results, his “more mass shootings” myth would never have spread.

So if Pelosi, Harris, and Warren ever follow through on their threat to declare gun violence a “national emergency,” be sure to check their math. Or just remember the wisdom of the Second Amendment.

Government’s desire to control us—and to lie to make its case—is the real emergency.

Thursday, February 21, 2019

Second Amendment, Supreme Court, and Ruth Bader Ginsburg, February, 2019

For eight years after the McDonald v. Chicago decision, the Supreme Court refused to enforce the Second Amendment.

President Trump has appointed two constitutionalist and originalist Justices, Justice Gorsuch and Justice Kavanaugh. After those appointments, the  Supreme Court agreed to hear the first Second Amendment firearms case since McDonald:  New York Rifle & Pistol Association v. NYC. The official decision to accept the case was on 22 January, 2019.

The next question was, when will the oral arguments for the case be heard?  The possibilities began in April in 2019. If oral arguments were not heard in April, they would be heard in October or later.

Second Amendment supporters are justifiably frustrated with the slow pace of judicial enforcement of Second Amendment rights. Many believe some courts have been deliberately slowing down the process, hoping for the election of a president hostile to the Second Amendment.

The oral argument calendar for the Supreme Court for April has been published. New York Rifle & Pistol Association is not scheduled for April.

This could be significant because the oldest justice on the Court is Ruth Bader Ginsburg. Justice Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world, because it is old.

 Justice Ginsburg voted against  the Heller decision. She voted against the McDonald decision. Her opinion on the Second Amendment is clear.   From

"If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new," she said. "It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation.""
Ruth's position, is to define the Second Amendment out of existence, without any real argument, because she believes it has no purpose in modern society. The fallback position is that the Second Amendment does not apply to individuals. That is the essential Progressive position on the entire Constitution. It is old, therefore we can ignore it.
Justice Ginsburg has been recovering from cancer surgery that removed on of the lobes of one of her lungs. She is said to be recovering satisfactorily.

The next oral arguments are on Tuesday, 19 February, 2019. Reuters has reported that Justice Ginsburg was at the Supreme Court on Friday, 15 February, 2019,  for a private conference to decide whether or not to take a case deciding if the Executive Branch can add a question to the 2020 census that has been on the census before.

The plantiffs claim the question, about citizenship, might incentivize minorities to avoid being counted on the census. From
Friday’s conference proved highly significant, with the justices agreeing to decide the fate of a bid by President Donald Trump’s administration to add a citizenship question to the 2020 census, which opponents say will scare immigrant communities from participating, leading to an undercount.
No pictures of Justice Ginsburg, in private or public, taken since December 15, 2018, have been published, that I have found.

Update: Justice Ginsburg attended the oral arguments on 19 February, 2019, and appeared to have recovered from her surgery. 

Justice Ginsburg is the oldest Justice on the Supreme Court. Her birthday is  on 15 March. Next month, she will be 86 years old.

Eight months from now is the earliest oral arguments will be heard for New York Rifle & Pistol Association. When you are 86, in failing health, eight months is a long time.

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

Gun Watch 

FL: Armed Samaritan Fires Shot to Stop Knife Attack

DAYTONA BEACH — An armed good Samaritan intervened to stop a man trying to stab another person near a business Sunday night, police said.

“Some guy was going crazy with a knife trying to stab someone and a good Samaritan fired a shot to stop it,” said Daytona Beach police Capt. Scott Goss.
More Here

WA: Gunfire Stops Attack in Parking Lot

Two men were fighting with another man at the Walgreen's on 85th Street NE, according to Sgt. Eric Karp with Kirkland Police. The man being attacked pulled out a gun and fired multiple shots.

It doesn’t appear he hit anyone, but the other two men ran over to their car and drove off.
More Here

PA: Armed Robbery Suspect Shot, Killed by Armed Victim

The men, who had their faces partially covered, forced open his car door and demanded money.

Shane Gesnaker, one of the men, was holding what was described as a black pistol. Gesnaker struck Santiago in the left side of his face.

Santiago said the men had sprayed him in the face with pepper spray or mace.

Santiago then grabbed his 9mm handgun and fired one shot at the men, who then fled. Gesnaker was struck by a bullet and fell to the ground about 50 feet from Santiago's vehicle.

Santiago was a licensed gun owner with a permit to carry.
More Here

NC: Gunfight Outside Bar, Man Arrested

According to the police report, a large fight broke out inside the bar and then moved outside.

After the crowd dispersed, a victim told officers they heard gunshots coming from a vehicle. The victim fired back, the police report stated.
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OH: Armed Homeowner Shoots 1 Home Invasion Suspect, 2 Others arrestec

After the initial investigation, it appears the armed homeowner confronted two adult male suspects at his residence. As a result of this confrontation, one male suspect shot. He was transported from the scene to Genesis Hospital with a single gunshot wound.
More Here

TN: Gunfight, Death, Self Defense Claimed

The man detained told police he shot the victim in self-defense.

Information was given to FOX13 late tonight by MPD also shows that the man who died and the shooter knew each other.
More Here

MO: Warning Shot Stops Robbery Attempt

That's when a second victim, 53-year-old male, interrupted the robbery attempt and fired his personally owned weapon in the air in an attempt to scare the suspect, according to the investigation.

The suspect then fled the scene on foot but not before firing a shot towards the two victims, police say. Neither victim was struck or injured.
More Here

Wednesday, February 20, 2019

Houston Cop Lied for Warrant, 2 Innocents Killed, 4 Police Wounded

The lead investigator and long term Houston Police Department undercover narcotics Officer Gerald Goines lied to obtain a no-knock warrant. The no-knock warrant lead to the death of a middle aged couple, their dog, and the wounding of four officers, at 7815 Harding Street on 28 January, 2019. From
The search warrant clearly shows the initial information used to obtain the no-knock search warrant involved a number of lies.

In the original warrant obtained on Jan. 28, the lead case agent, Officer Gerald Goines, wrote that a confidential informant bought heroin at the house the day before the drug raid. The informant also allegedly saw heroin and a weapon, which appeared to be a 9mm handgun, as he was buying the suspected drugs at the house.

In that warrant, the informant allegedly returned to Goines with a brown powder substance, telling him that it was called "boy," which is slang for heroin. The confidential informant also said the substance he allegedly bought at the home was packed in a large quantity of plastic baggies.
The Houston no-knock raid was characterized as an ambush by drug dealers. The evidence did not support that conclusion.

The two homeowners killed had no criminal record. Dennis Tuttle was a Navy veteran. His wife, Rhogena Nicholas, was a supporter of President Trump. They had been married for 20 years and lived in their modest home in Houston for the same 20 years.

The gun battle started when police broke down their door and shot their dog. Dennis started shooting back, wounding the officer that shot his dog.

Police claim Rhogena attempted to take a shotgun from the wounded officer.

 They shot and killed her. Dennis continued to fight, wounding three more officers. It is unclear what firearm he used.

The exact timing of events is uncertain, because no officers wore body cameras. Surveillance video from the house next door was confiscated by the police.

Police Chief Acevedo has previously talked about the officers "laying down covering fire". We do not know how many indiscriminate rounds were fired, or when, precisely Dennis Tuttle and his wife Rhogena were shot and killed. From
"After we had two officers down and another shot, the remaining officers ... started laying down cover fire, left positions of cover themselves and, I believe, they heroically pulled their fellow officers out of harm's way," Acevedo said.
Originally, the police claimed Dennis used a .357 magnum revolver. No revolver shows up on the inventory of items seized from the house after the raid. No Heroin was found. No "large quantities" of drugs in plastic baggies was found.

In addition to long term narcotics officer Goines, another officer has been suspended. His name has not been released.

Good forensics could clear up many of the unanswered questions in this case. What was the sequence of events? Who fired what, when, and where. Who was shot by who, when?

The only thing we know for certain is that lies were made to obtain a no-knock warrant. A gun battle resulted. Two innocent homeowners are dead, and four police were wounded.

A small amount of drugs were reported to be found at the house, along with four firearms, such as exist in over half the households in Texas.

As drugs were lied about (and small quantities were found in the lying officer's vehicle), can we trust the drugs found at the house, in two small baggies, were not planted by an officer, to cover the botched raid?

Many police, as well as other citizens, are angry over the corruption and needless loss of life. Actions such as this corrode the fabric of a free society.

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

Gun Watch

DC: Armed Citizens 94% effective in Stopping or Mitigating Active Shooter Events

A report done by Concealed Carry, with numerous graphics

So the below graphic does just that. Of all the active shooter events there were 33 at which an armed citizen was present. Of those, Armed Citizens were successful at stopping the Active shooter 75.8% of the time (25 incidents) and were successful in reducing the loss of life in an additional 18.2% (6) of incidents. In only 2 of the 33 incidents (6.1%) was the Armed Citizen(s) not helpful in any way in stopping the active shooter or reducing the loss of life.

Thus the headline of our report that Armed Citizens Are Successful 94% Of The Time At Active Shooter Events.

More Here

Followup VA: En Banc Appeals Court Confirms Overturning of Shooting Conviction

RICHMOND, Va. (AP) - A Virginia appeals court has overturned the conviction of a Springfield man who fatally shot an intruder in his home.

The court ruled 7-4 last week to affirm a divided appeals panel’s September ruling that the judge in Thomas Lienau’s trial erred in refusing to instruct the jury on self-defense, as Lienau’s attorney had requested.
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OK: Unknown Intruder Shot, Wounded

TUTTLE, Okla. —

A possible intruder was taken to a hospital after a shooting Sunday morning in Tuttle, officials said.

Around 8:45 a.m., police received a call about a shooting near Star Drive off Sky Lane. When they arrived, they said they found an apparent intruder with a gunshot wound.
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TX: Disarm, Homeowner Disarms 1 of 2 Intruders, Shoots and Kills 1

SAN ANTONIO, Texas (WOAI/KABB) - A man who was confronted by two men with guns wrestled one of the weapons away and shot a suspect dead, said police.

The shooting happened shortly after 1 a.m. at a home on Leonidas Drive, near I-10 and South WW White Road.
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NC: Armed Driver Shoots Violent Suspect who Smashed Window

McManus was jogging down Gibbons Link Road after punching the woman when he jumped onto the hood of a passing car, police said.

When the driver stopped, McManus smashed a window of the car, “at which time the suspect shot him,” police said.
More Here

Tuesday, February 19, 2019

CA: Domestic Defense, Man Shot by Brother after Stabbing Mother, Brother

HIGHLAND PARK, LOS ANGELES (KABC) -- A man allegedly stabbed his mother and brother before being shot in the leg by his wounded sibling Saturday at a home in Highland Park, authorities said.

More Here

WV: Armed Woman Holds Burglar for Police. He Confesses

CORINNE, WV (WVNS) - It was a bad day for one burglar in the Mountain State.

Wyoming County. Deputies were called to a home in Corinne, WV after a homeowner told dispatchers she was holding a man who broke into her home at gunpoint.

Investigators came to the house at around 10:45 a.m. Thursday.

They found the suspect, Jeffery Lee Reece, lying on the floor. The victim told deputies Reece came through her front door and stole a trail camera.

More Here

NC: Home Invasion Gunfight, Defenders Wounded, 1 Invader Killed

Police believe Smith and Clark broke in intending to rob Deandre Hill and Brianna Aleman.

Shots were fired and Clark, 21, was killed. Hill and Aleman were also shot and needed medical attention.
More Here

NC: Cell Phone Store Employee shoots at Robbery Suspects

Police also said an employee at the store had a gun and fired several shots. The U-Haul was struck once, but it is not known if the robber who fled was hit.

No one else was shot. No names have been released and investigators have not released a description of the second robber.
More Here

WA: Armed Woman and Neighbor Hold Intruder for Police (Drunk)

FEDERAL WAY, Wash. — A Federal Way mom held a would-be intruder at gunpoint Thursday night until police could arrive.

More Here

Monday, February 18, 2019

Followup DE: Devon Emfinger Charged with Reckless Endangerment in Fatal Shooting of Donte Demunguia

State police say 25-year-old Devon Emfinger of Aberdeen was with the 24-year-old woman on Valentine’s Day when 24-year-old Donte Demunguia from Absecon, New Jersey, entered her apartment at a public housing complex in Harrington.

The woman went downstairs and was confronted by Demunguia, who was shot as he went upstairs.

More Here

CA: Home Invasion Suspect Shot by Armed Resident

LOS OSOS, Calif. - San Luis Obispo County Sheriff's Office say a suspected home invader was shot by a resident of the Los Osos home early Friday morning.
More Here

AR: Armed Clerk Shoots Armed Robbery Suspect

JACKSONVILLE, ARK. (KATV) — A man was taken to the hospital after he was shot while robbing a store in Jacksonville on Thursday.
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OK: Armed Homeowner, One Shot Sends Three Invaders Running

BROKEN ARROW, Oklahoma - Broken Arrow Police are investigating a bold home invasion, in which a homeowner shot back at armed suspects.

Police said it happened Tuesday evening around 6 near S 145 E Avenue and Kenosha.
More Here

Gun Rights Are Women's Rights

Sunday, February 17, 2019

Alabama Moves toward Constitutional Carry in 2019

In 2014, Alabama clarified and strengthened the state constitution's provision protecting the right to keep and bear arms. The amendment passed with 72% of the the vote.

Senator Gerald Allen (R-Tuscaloosa) is working to translate the promise of the state Constitutional amendment into law. He says he will keep on filing Constitutional Carry bills until one is passed.

In 2017, the Alabama Senate passed a Constitutional Carry bill, SB2, 26-8. In 2018, SB3 died in committee. 

In January of 2019, Senator Allen pre-filed SB4, which is the fourth attempt to pass Constitutional Carry in Alabama.

Some commenters at have claimed the problem is with the Alabama Sheriff's association. Sheriffs in  Alabama administer the issuance of
concealed carry permits.
 In the state of Alabama, concealed carry permits are issued at the county level. Sheriff's have discretion over how much they charge for the permits. By law, funds received for CC permits are collected by the sheriff & retained by him. They are not part of his normal budget. They go into a discretionary fund and the sheriff has sole authority over it. He can buy body armor or he can buy beer for an office picnic.

The Alabama Sheriff's Association has fought this for a long time with histrionic predictions of blood in the streets.
Alabama carry permits are shall issue. They are only issued to Alabama residents. Alabama recognizes all other state carry permits.  The cost of the carry permit varies from five to twenty dollars.

Alabama is an open carry state. Adults that can legally own a gun can carry pistols openly, without a permit. The difficulty with open carry in Alabama, is that people are not allowed to open carry in a vehicle, unless they have a permit. This makes open carry without a permit inconvenient and unsafe, as the law also requires that pistols carried in a vehicle, without a permit, must be unloaded and locked up.

Constantly loading and unloading a pistol when getting in and out of a vehicle increases the chances of an accident.

Alabama has a short legislative session, to limit the damage the legislature can do. This year it starts on the first Tuesday in March, and meets for a maximum of 30 days with a session limit of 105 calendar days.  Alabama has a Republican Governor.  Republicans have  strong majorities in the Senate and in the House.

Constitutional Carry has strong support in the Alabama legislature. The Sheriffs Association also has strong support.

 Senator Allen says he has the votes to pass SB4 in the Senate. From
“Great crowd,” Allen told AM 770’s David Pinkelton. “I am a member myself. I am carrying a great bill: Senate Bill four. I encourage everyone to call the House members. We have the votes in the Senate to pass this.”

“Make that phone call to the Speaker’s office,” Allen said. “Fourteen states have passed constitutional carry. Where it has passed the sale of permits has gone up.”

Constitutional Carry will pass in Alabama when supporters of the bill overcome the opposition of the Alabama Sheriff's Association.

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

Gun Watch

MI: Armed Victim Shoots Carjacking Suspect

DETROIT - The intended target of a carjacking fatally shot one of the attackers on Detriot's west side, police said.

The carjacking happened around 10:30 a.m. Thursday on Snowden Street near Seven Mile Road and Schaefer Highway.
More Here

CA: Aggressive Youtube Video Person Shot by School Guard

As bystanders gather around amidst the commotion, the guard can be heard repeatedly claiming Perez was trying to “break inside” the synagogue. Perez later told local news station KCAL the guard was “super-aggressive” while she was “just taking shots” of the synagogue.

Perez has identified herself as a First Amendment auditor—a YouTube genre in which participants show up at places like post offices or power plants, start filming and capture the police reaction on tape.
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GA: Domestic Defense, Woman Shoots Boyfriend Attacking Son

EVANS, Ga. (WRDW/WAGT) -- A 42-year-old man is dead after deputies say his girlfriend was protecting herself and her teen son.

Billy Rogers was shot in the chest in a home on the 900 block of Hunting Horn Way around 2 a.m. That's in Columbia County's Bridlewood subdivision.
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Mass Murderer in Aurora Illinois was Prohibited Possessor

The Aurora murderer at the Henry Pratt Co. valve manufacturing plant in Illinois was a prohibited possessor of firearms. He had been convicted of aggravated assault in Mississippi in 1995, for stabbing a woman. He was about 22 years old at the time.

Characters are pretty well formed by the time you are 22. The murderer had been arrested six times in Aurora for traffic and domestic battery incidents, the last in 2008. He was arrested in 2017, in Oswego, Illinois, for disorderly conduct and property damage.  No convictions were listed during this period.

He originally passed a background check in 2014, when he purchased a Smith & Wesson .40 caliber handgun.  A few months later, a second background check, when he applied for a Concealed Carry Permit, showed the earlier felony conviction.

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

Gun Watch

Saturday, February 16, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It is likely only one bear would have been killed.

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

Gun Watch

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

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

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

More Here

GA: Armed Woman Stops Home Invader from Entering

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

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

LA: Gunfight, Home Invader Shot, Killed, Homeowner Wounded

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

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

Friday, February 15, 2019

ID: Woman Holds Mountain Lion While Husband Shoots It

Yearling Mountain Lion

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

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

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

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

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

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

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

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

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

Has the Idaho government been infected with political correctness?

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

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

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

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

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

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

Gun Watch

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

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

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

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

More Here

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

One person is dead following a domestic violence situation while a "citizen" is being hailed as a hero for shooting the suspect inside a Kingsport dentist office, Sheriff Jeff Cassidy told WCYB.
More Here

AR: Property Owner Holds Escaped Juvenile at Gunpoint

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

"It was also related to this office that the property owner had the juvenile at gunpoint," Capt. Philip Pevehouse stated in the news release.
More Here

FL: Two Men Allegedly Held Mother At Gunpoint: Son Kills Both

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

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

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

The son called 911 after shooting the suspects:

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

Thursday, February 14, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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MO: Belligerant Drunk Attacks Driver, gets Shot

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

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

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

According to Arcata police chief Brian Ahearn, the suspect was arrested and taken to a hospital where he was treated for cold exposure. Chief Ahearn suspects the man was trying to find a place to get warm.
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Wednesday, February 13, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Was the no-knock raid dangerous and unwarranted?

It resulted in the death of officer Rittner.

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

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

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