Saturday, February 29, 2020

Nebraska Governor Pete Ricketts Openly Support Second Amendment and Open Carry




Governor Pete Ricketts has come out strongly in support of people exercising their First and Second Amendment rights at the Nebraska state Capitol.  

President Trump's use of social media outlets such as Twitter is serving as a template for other politicians to go directly to the people, and around the coverage of the legacy media.

On 21 February, at the Nebraska Capitol, hundreds of Second Amendment supporters showed up to the Judiciary Committee hearing to oppose further restrictions of the right to keep and bear arms,  particularly LB 816.




The Second Amendment supporters exercised their intertwined First and Second Amendment rights. Those rights are reinforced with protections in the Nebraska Constitution. 

LB 816 would place severe restrictions on the sale of most semi-automatic rifles and shotguns. 

Governor Pete Ricketts, (R) Nebraska, refused to follow the Democrat script that proclaimed the exercise of rights as a problem. He straightforwardly supported those who exercised their rights. From ketv.com:
The men with guns do have the support of Gov. Pete Ricketts.

"I support our Second Amendment rights and I support our folks who are going to take advantage of that with our right to open carry," he said. "That's what we have in the state of Nebraska and this is the people's house."
This is noteworthy. Most politicians claim to support the right to keep and bear arms, with caveats and cutouts. The word "but" is prominently displayed at the end of their sentences. Governor Rickets did not qualify his support.  The number of governors who support open carry in their capitols is small. Governor Ricketts is displaying political courage. He risks castigation by the media. He is refusing to be politically correct.

Just a few days before on 18 February, Governor Ricketts issued this statement.  From governor.net
The United States Constitution guarantees the right to keep and bear arms. The first sentence of Article I of the Nebraska Constitution reasserts this right: “The right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes...shall not be denied or infringed by the state or any subdivision thereof.”

Over the past few years, my team has worked to safeguard your rights. For example, we have created an online process to renew, update, or replace a handgun permit, saving gun owners across the state valuable time. In 2018, I signed LB 902, a bill brought by Sen. Bruce Bostelman of Brainard, which protects the identities of gun owners with concealed carry permits. And when the National Rifle Association (NRA) was under attack, we invited them to Nebraska because the people of our state understand the importance of the Second Amendment.
There is more to the statement. Governor Ricketts comes out in favor of protecting the right to keep and bear arms to defend property from pests and predators, to hunt, and to use them for recreation, as well as for self defense. 

All of those actions are protected under the Second Amendment and the Nebraska Constitution.

Most politicians have been unwilling to point out the obvious. Constitutionally protected rights can and should be exercised; peaceful practitioners should be praised for their upholding of the Constitutional order. This is how the rule of law is promulgated and passed from one generation to the next.

Governor Ricketts deserves kudos for his straightforward support and defense of Constitutional rights, in the face of heavy disapproval by those who do not believe in limits on government power. Those who do not approve seem to include most of the legacy media.

So many Second Amendment supporters showed up at the hearing the vast majority were unable to get into the hearing room. The committee cut the allotted time to speak from three minutes to a minute and a half per person. About 50 people spoke against the bill, while 5 spoke for it. Hundreds more waited in the halls outside.

The bill was touted in the media as an anti-suicide bill.

 Second Amendment supporters have been learning it is important to show up and make their voices heard. The efforts of many years of organizing and building communication networks are paying off.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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LA: Domestic Defense Gunfight, Woman Shot Attempting Break-in



A woman who told authorities she'd been shot twice during an armed robbery in New Orleans East on Thursday morning actually suffered those wounds as she tried to force her way into the Marrero home of a former lover, according to the Jefferson Parish Sheriff's Office.
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FL: Homeowner Points Gun at Burglary Suspect, Suspect Runs (video)

WEST HOLLYWOOD, Fla. – A homeowner turned a gun on a man stealing from his home. They believe it is the same man who went onto their property and stole before.

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AR: 80-Year-Old Shoots 1 of 2 Young Home Invaders



He began pushing against the door to keep them out but when they started threatening him, he took action.

"I reach and got my shotgun ..." Burkes said.

Burkes shot one suspect in his bedroom doorway while the other ran off.

Hughes police says both suspects are juveniles with histories of prior break-ins. The one who was shot is still recovering.

Burkes will not face charges but is sad local teens are resorting to crime.
More Here

Friday, February 28, 2020

Bill to Allow Gun Destruction Advances in Washington State

27 years ago, Washington state passed a bill requiring the Washington State Police to sell valuable firearms rather than destroying them. Provisions were made for the destruction of firearms which could not be legally owned.

For political reasons, local law enforcement agencies were not included. In some of those jurisdictions, such as the Yakima Police Department and Vancouver Police department, all guns are destroyed for political reasons.


A bill to allow the State Police to destroy legal guns passed the House in the Washington state legislature on 23 January, 2020.

Selling or not selling the guns has no effect on the availability of guns, because the guns are sold through licensed dealers.  They are simply another gun in a dealer's stock.  Destroying guns that have ended up in police hands simply means money goes to a gun manufacturer to produce another gun, instead of to the police.

The Bill, HB1010, passed in the House 56 to 42, on a partisan vote. From columbian.com:
The House passed the bill along party lines Jan. 23, with Democrats voting in favor and Republicans against. Its next stop is the Senate Rules Committee and then a floor vote.

Rep. Sharon Wylie, D-Vancouver, cosponsored the bill. Wylie said it seems like an oversight that state patrol is unable to destroy firearms, and it makes sense to change the law to have consistency.

The Washington State Patrol wants the bill to pass, and its intended changes are needed, communications director Chris Loftis said.

“Current law allows other law enforcement agencies the option to destroy but is strict with WSP, stating that we must keep them for agency use or auction/trade with licensed dealers, who then will sell them to the public,” Loftis said in an email.
About a dozen states have passed legislation requiring police to sell legal guns rather than destroy valuable assets.

Opponents of police selling guns do not have a logical reason for the police to destroy guns rather than sell them. They acknowledge very few guns sold by police end up being used in crime.

The arguments are all emotional. Some police say they would feel bad if they sold a gun and it were used in a crime. The most egregious use of a gun sold by police, in a widely distributed AP article, was by a prohibited possessor who purchased a pistol in a private sale, years after it was sold by police to a dealer. The prohibited possessor used it to commit suicide.

The arguments are all about the legitimacy of gun ownership. If guns are legitimate to own, selling guns surplus to police use makes perfect sense.

If you believe guns are bad, selling them is an immoral act.

The point of destroying valuable guns is one of making a moral statement, of proclaiming to the world that guns are evil and should be destroyed.

If you do not own guns, and despise those people who do, this is a way of telling the world you have won a victory. It does not matter if the gun companies increase their profits through your actions.

Destroying valuable guns is political theater, designed to teach people that guns are bad.

Emotional political theater is seldom good policy.


  ©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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IL: Gunfight, Armed Woman and Robbery Suspect Exchange Shots



The 33-year-old woman was in front of her home when she was approached by a man who pulled a gun and demanded her property, police said.

The woman refused to hand over anything and took out her own gun, police said. The man and woman both fired their guns, but neither was struck, police said.
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CO: Off-Duty Officer Shoots, Kills, Suspect at Carl's Jr. Drive-Thru



Police said the shooting happened around 3:30 a.m. at the restaurant near the intersection of Powers Boulevard and Galley Road. Police said an off-duty officer was in the drive-thru when a man approached and said he had a gun. The officer fired at least one shot, hitting and killing the man.
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OK: Boyfriend of Homeowner Shoots Car Burglary Suspect who Attacked Him



The homeowner’s boyfriend came out and chased after Sloan before getting in a fight with him.

He says while he was holding Sloan and waiting for police, Sloan lunged at him.

He shot Sloan in the knee.
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FL: Armed Woman (off duty deputy) Shoots man Who used Axe to Break-in



Mina said around 5:30 p.m. on Tuesday a man who had been attempting to break into numerous homes used an ax to break through the deputy's door.

The Sheriff's Office said the deputy, who was at home with her children and in fear for her life, shot the man multiple times but he still got in.
More Here

Thursday, February 27, 2020

1934 NFA, the Failed 1938 NFA, Miller, and the Regulation of Gun Parts



Many Second Amendment supporters have heard of the National Firearms Act (NFA) of 1934. It went into effect on 26 June, 1934.  It was the first national "gun control" measure to have substantial effect. It was the first federal statute challenged in the Supreme Court on the basis of the Second Amendment, in United States v. Miller. The story of that challenge may be read, in short form, on an Ammoland article from 2013.

Far fewer people are familiar with the National Firearms Act of 1938. The NFA of 1934 was passed in Franklin Delano Roosevelt's (FDR) first term. The case that challenged it was set up in 1938, it is believed, to curb resistance to the National Firearms Act of 1938, passed in FDR's second term.

The infamous National Firearms Act of 1934 required commercial manufacturers to stamp serial numbers on machine guns, silencers, and short barreled rifles and short barreled shotguns manufactured from that date. Few people worried about the law because it only affected items that crossed state lines. Not many people owned machine guns or silencers; few crossed state lines with them or short barreled rifles or shotguns. Because of concerns about constitutionality, the NFA of 1934 was a gun ban disguised as a tax. The transfer tax of $200 was equivalent to about $3,800 in 2018. It was prohibitive for all but the very well off. Consequently, it raised very little money.

The original target of the NFA of 1934 was to register and regulate the ownership of all handguns. Short barreled rifles and shotguns were included to prevent circumventing the regulation of handguns by cutting down rifles and shotguns. The National Rifle Association (NRA) was successful in stripping handguns from the bill. Because silencers, machine guns, short barrelled rifles and shotguns were not commonly owned, the NRA did not contest that part of the law.

The progressives in the Roosevelt administration, especially Attorney General Homer Cummings, wanted to register all pistols and regulate all pistol sales. The attempt to do so in the 1934 NFA had failed. Another trial balloon to do so was proposed by Cummings in 1936, but failed to make headway.

The NFA of 1938 was different. It required federal licenses for commercial  manufacture and sales of all firearms and firearms parts which were involved in interstate commerce or inside of federal territories which were not states. It was an incremental move toward federal control of all common firearms. Whether this was constitutional under the Second Amendment was disputed and debated.

In spite of thousands of objections to passage of the NFA of 1938, it was passed and became law on June 30, 1938.

The FDR administration was looking for a test case to take to the Supreme Court, to establish federal regulation of firearms commerce as constitutional. Two months before the passage of the 1938 NFA, on 18 April, 1938, two small time criminals were arrested for "making preparation for armed robbery", by Oklahoma and Arkansas state police. They had in their possession a short barreled shotgun. They had traveled from Oklahoma to Arkansas. They were brought to Fort Smith, Arkansas.

One of them, Jackson "Jack" Miller, had been an informant and participant in a significant case involving the O'Malley gang. He was known to the U.S. Attorney for the Western District of Arkansas, Clinton R. Barry. Barry saw an opportunity for an  NFA of 1934 test case. He wired the Attorney General of the United States on 23 April, 1938, explaining the importance of acting quickly, before the pair was let off on bail.

Miller was also known to the federal judge who had presided over the O'Malley case, Heartsill Ragon. Judge Heartsill Ragon was the 1930's version of Chuck Schumer, a strong proponent of restrictive federal gun law. He helped push through the New Deal for FDR before being rewarded with a federal judgeship in Arkansas.

The NFA case was given to Judge Heartsill Ragon.  He appointed the defense counsel. He refused to accept a guilty plea.

Judge Ragon had the case he wanted, the defendants he wanted and the defense council he wanted.  Judge Ragon then created the only defense for the case, his memorandum opinion.
On June 11, 1938 Miller and Layton demurred to the indictment, claiming that it presented insufficient evidence of a transfer requiring payment of a tax and challenging the constitutionality of the NFA under the Second and Tenth Amendments.  Surprisingly, Ragon immediately issued a memorandum opinion sustaining the demurrer and quashing the indictment. He held that the NFA violates the Second Amendment by prohibiting the transportation of unregistered covered firearms in interstate commerce.
This position was diametrically opposite his stated opinion while a legislator. It did not include any facts or analysis to support the proposition.

The FDR administration appealed the case directly to the Supreme Court. With only the government's side of the case presented, the Court refused to strike down the law. The Miller decision was muddy, and subject to interpretation. 

Progressives used the Miller case to claim the Second Amendment did not protect an individual right. Progressive judges appointed by FDR and Truman came to dominate the federal appeals courts.

U.S. v. Miller was used to prevent challenges to the NFA of 1938. While Miller clearly implied that military arms were protected by the Second Amendment, FDR appointed judges ruled it did not.

In Cases v. United States, 1942, a three judge panel on the First Circuit ruled it was unlikely Miller meant military arms were protected by the Second Amendment: From Cases:
Another objection to the rule of the Miller case as a full and general statement is that according to it Congress would be prevented by the Second Amendment from regulating the possession or use by private persons not present or prospective members of any military unit, of distinctly military arms, such as machine guns, trench mortars, anti-tank or anti-aircraft guns, even though under the circumstances surrounding such possession or use it would be inconceivable that a private person could have any legitimate reason for having such a weapon. It seems to us unlikely that the framers of the Amendment intended any such result.
The judges did not want military arms protected, so they ruled they were not protected.

All three judges on the First Circuit in Cases v. United States, John Mahoney, Calvert Magruder, and Peter Woodbury, were appointed by FDR.

The Supreme Court refused to hear another Second Amendment case until 2008.

The NFA of 1938 established the precedent the federal government could regulate the interstate commerce of common, ordinary firearms, as well as the sale of firearms in none-state territories. It established the precedent the federal government could create classes of people who were not allowed to purchase firearms across state lines. It established the notion of a federal license to commercially sell or manufacture ordinary firearms.

The NFA of 1938 was passed before the seminal Supreme Court decision of 
Wickard v. Filburn in 1942, when the nation was in the middle of World War II. Wickard is recognized as an inflection point at which virtually everything in the United States was considered to be affecting interstate commerce, and thus subject to regulation by the federal government. Still, interstate commerce and the limitation on government power held meaning. In police training in the late 1970's, I was taught interstate commerce had to cross state lines; and that criminal statutes were part of state powers, while federal power was not concerned with local criminal acts.

While people were concerned with the NFA of 1938, dealer's licenses were shall issue and only cost a dollar. Individuals who were not dealers could purchase firearms across state lines. In theory, all firearms parts were regulated. In practice regulation was minimal to non-existent.

No serial numbers were required except on machine guns, silencers, and short barreled rifles and shotguns. It was illegal to remove manufacturers serial numbers, but manufacturers were not required to place serial numbers on the vast majority of firearms.

The 1938 NFA did not require record keeping or pre-approval of any sales or manufacture, except for machine guns, silencers, and short barreled shotguns and rifles.

The FDR administration continued to float proposals for the registration of all firearms in the United States, but World War II intervened. AG Homer Cummings had retired in January of 1939. No one was pushing for keeping Americans from having guns in the middle of a war. After the war was won, millions of rifles, pistols, and shotguns, were purchased from powers all over the globe, and sold to the American people at bargain prices.

It was a golden age for firearms collectors, hunters, and shooters. Crime was low. Guns were available over the counter for cash, and by mail order. If you wanted to purchase across state lines, from dealers, without hindrance, a Federal Firearms License (FFL) was easily obtained for a dollar. Many firearms enthusiasts obtained FFLs to ease firearms transactions.

Anti-tank cannon, anti-aircraft cannon and their ammunition were advertised on the pages of the American Rifleman, and purchased by mail order. Only one crime was recorded where an anti-tank rifle was used. No one was injured.

The precedents of the 1934 NFA and  1938 NFA were the seeds of the infamous 1968 Gun Control Act (GCA). Again, the NRA mitigated the worst part of the bill, and won a small reversal of earlier overreach.

It was argued that regulation of all firearms parts was burdensome and silly. There was no sense in regulating bolts, screws and grips. A firearm was defined as the receiver that had the serial number. On handguns the same part is called the frame. Firearms parts, except for the receiver or frame, could be commercially manufactured and sold without a firearms manufacturers license. It was regarded as a commonsense approach.

Lyndon Johnson wanted full registration of all pistols. That provision was struck from the bill.

Significant new infringements were passed and became law with GCA 1968. All new firearms were required to have serial numbers. Federal dealers were required to record sales, personal information, make, model, and the newly required serial numbers. Purchases of firearms across state lines by individuals, except through federal dealers, was made illegal. More firearms and weapons were placed under strict controls. More categories of persons were prohibited from buying from federal dealers.

The NFA of 1934, the NFA of 1938, and the GCA of 1968 are all points on the slippery slope of ever more infringements on Second Amendment rights. Regarding the Second Amendment as outdated and irrelevant came with Progressive philosophy.  Progressive philosophy holds the Constitution to be outdated and limits on government to be immoral.

It was dozens of Progressive judges appointed by FDR and later presidents which cemented the progressive view of a "living Constitution" into the American legal system.

President Trump is appointing dozens of originalist and textualist judges. Originalist and textualist judges believe in enforcing the original intent of the Constitution. As such, they will likely remove many "living Constitution" constructs and restore limits to federal power.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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June 26, 1934, the National Firearms Act of 1934 was signed into law.
The Peculiar Story of United States v. Miller

Claim that "all firearms" parts were regulated in early "gun control".



The National Firearms Act of 1938 went into effect on June 30, 1938.

National Firearms Act of 1938:



Firearms tracing BATFE

Tracing crap.


Thanks for the interesting article and comments.

I found a few things. The 1938 law defined gun parts as firearms, but the only control was that dealers who shipped to other dealers, could only ship to licensed other dealers or licensed manufacturers. There was no prohibition on shipping parts to the public or between members of the public. Only a prohibition on licensed dealers and manufacturers from shipping firearms and ammunition to unlicensed dealers and manufacturers, or to known criminals or fugitives.


No requirement for serial numbers until 1968 gun law.

Serial numbers had been added by gun manufacturers as a sales gimmick to show they stood behind their firearms.

 Transportation or sale of a firearm where the of a serial number had been removed, was made a crime, if done across state lines or international boundaries.

There were no record keeping requirements.  Manufacturer or dealer  licenses were shall issue. Manufacturer, $25, dealer, $1.

This was only in the 1938 act. So it was a "one of" and the "control" was only on manufacturers and dealers shipping to other manufacturers and dealers, except there were penalties for shipping guns or ammunition to known criminals.

Essentially there was *no* control or regulation other than the issue of licenses.

Here is the link to the 1938 law.


I have never heard of a court case challenging the 1938 law. It is not surprising. The appellate courts had upheld the 1934 law. The enforcement and regulation of the 1938 law was minimal and easily avoided by getting an FFL for $1.

In 1968, the Congress realized how insane and unenforceable  it was to define a screw as a firearm. They eliminated that insane provision from the law.


WA: Gunfight, Car Prowler and Homeowner, no one Wounded



TACOMA, Wash. — Tacoma police say a homeowner and a suspected car prowler exchanged gunfire early Wednesday.

Police say a homeowner interrupted someone they believed to be a car prowler at 19th and South Hosmer Street around 4:20 a.m. The homeowner fired several shots and the suspect shot back.
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IL: Domesticv Defense? Prosecutor Thinks it was



A few hours after sharing a meal at a Chicago restaurant with his girlfriend, Steef Giovanni Corniel was dead — shot four times at an apartment building in River Grove.

The woman holding the gun was Corniel’s girlfriend, according to police.
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KS: Shots Fired as Man Attempts Theft of Video Cameras



Police said the man who lived in the home was attempting to go back inside his residence when the person who was trying to take the video cameras fired a single round at him.

The resident then went into his home and came out with his gun, police said. The man then confronted the person who was on his property, who by then had gotten into a maroon car and was preparing to leave the scene.

Police said the home’s occupant then fired a single shot into the air in an attempt to get the person to leave the scene and to alert neighbors of the incident.
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ME: Armed Victim Uses Ruse to Shoot Robbery Suspect



Beasley and his accomplice were attempting to rob a couple using a BB gun. The male victim said he needed to retrieve his wallet from the car to give them money. What the man actually retrieved was his 9mm pistol and began firing at the suspects, hitting Beasley's accomplice.

Beasley's accomplice was taken to the hospital and is in critical condition. At this time no charges have been filed on the robbery victim who fired the shots.

More Here

Followup CA: Home Invasion "Persons of Interest" Identified



Two men linked to a deadly home invasion have been identified but are still on the loose, according to Tulare County Sheriff's Department.

Detectives are asking for the public’s help in finding Javier "Balls" Ibarra, 29, and Roman "La Nina" Salcedo, 19, both of Visalia.

Both men are considered "people of interest" in the February homicide.

Sometime before 10 p.m. on Feb. 4, a group of armed men yelling "Sheriff's Office" busted into a home in the 22000 Block of Avenue 256 in the Lindsay area.
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Tuesday, February 25, 2020

Followup WA: Intruder who was Killed Identified as Franson J. Take


Franson J. Take was killed by a gunshot wound to the torso, according to the medical examiner’s office, which listed the manner of death as homicide, meaning it resulted from another person’s deliberate action. The ruling does not make any judgments about criminal culpability.

An initial police bulletin said the homeowner told responding officers that an unknown person had broken into his home. He had confronted the intruder with a firearm and shot him.

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NV: Gunfight, Armed Victim Survived, Robbery Suspect Died



A man was fatally shot late Friday night in the central valley, in what Las Vegas police said may be a self-defense shooting.

A second man suffered gunshot wounds and was taken to University Medical Center. Officers were called to the shooting about 11:40 p.m. Friday in the 6100 block of West Oakey Boulevard, police said.
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AL: Homeowner Shoots Intruder in Pre-Dawn Home Invasion

An intruder was shot multiple times during a predawn home invasion Monday in Elmore County.

More Here

Monday, February 24, 2020

Details of Black Market Pistol Shop Found in Britain in 2018 (video)




In August of 2018, the British Authorities raided a small shop operation in Sussex, England. The small shop was producing clandestine pistols for the UK black market. About a year later, two men associated with the operation were sent to prison. A third man had died while in custody.

From the news coverage, considerable more details about the shop and arms produced, were released.  There is a video on Youtube that reveals much.



Link to Youtube video

The pistols produced were simplified copies of the Browning 1922 design. Semi-automatic pistols are not difficult to make, but are harder to make work well than sub-machine guns or revolvers.

The Browning copy repeatedly fails to cycle correctly. However, it takes little to feed another cartridge into the chamber. It fires when the trigger is pulled.

The small shop operators chose not to rifle the barrels of their copy, to simplify  production. At short range, up to 10 meters, the pistol would still be effective. They did not put any sights on the production for the same reason. In the video, you can see the projectiles are unstable and key-holing at very close range, perhaps three meters. 

The authorities claim this a unique situation in UK, the very first clandestine shop producing black market firearms.  I suspect this sort of information does not have much institutional history with the National Crime Agency. Perhaps they were not involved in Northern Ireland. Relatively sophisticated shop production arms were repeatedly made in Northern Ireland, which is part of the UK.  From smallarmssurvey.org, page 77:
In 1988, police uncovered a unionist workshop in County Down that was reportedly the largest illegal arms factory operating in Northern Ireland at the time. Thirty assembled sub-machine guns were recovered, along with materials sufficient to produce hundreds more. Also seized were craft-produced sub-machine guns copied from the Israeli Uzi design, whose manufacture involved copying the internal components of a Japanese ‘plug-fire cap’ (aka ‘modelgun’) replica.75 The workshop’s owner allegedly supplied loyalist paramilitaries for more than 20 years (Horgan, 2005, p. 100). In several cases, skilled craftsmen, who were otherwise employed by legitimate companies, carried out work on craft-produced firearms in the evenings (Forgotten Weapons, 2017). 

In 1997, engineer Denis Lindop was convicted of manufacturing sub-machine guns for loyalist paramilitaries from his home workshop in Holywood, County Down (McCaffrey, 2005). Marked ‘UFF Avenger 1995’, the weapons were designed to accept custom-made suppressors and had serial numbers—a relatively uncommon trait for homemade weapons (Cadwallader, 2000).
Small shop production of relatively sophisticated small arms happens all around the world, on a regular basis.

It seems unlikely the UK would be exempt, if there is sufficient demand. There was plenty of demand in Northern Ireland during the Troubles before 1998.

With rising crime and gangs in the UK, it is unlikely this shop will be the last one found there.

o
©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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WI: Gun Beats Knife at Attempted Robbery in Allouez

According to the Brown County Sheriff's Office, a man was plowing snow around noon in the 2100 block of Webster Avenue when another man came up to him and asked him for money. When the victim said he wouldn't give the man money, the man pulled out an 8-inch kitchen knife and demanded money. The victim then pulled out a gun and the suspect ran north.

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AL: Domestic Defense? Woman Shot, Killed in Grand Bay



The incident happened around 5:50 p.m at the shooter’s residence. The victim, a woman in her 40’s, was uninvited and told to leave. An argument took place and during the altercation, she was shot and killed.

The shooter is detained for questioning as this may be possible self-defense.
More Here

Sunday, February 23, 2020

NM: Shots Fired During Reported Carjacking, 1 Killed, Investigation Ongoing



ALBUQUERQUE, N.M.- Albuquerque police are investigating a homicide at Effingbar and Grill.

Police said they initially recieved a call from a woman who said a male subject was breaking into her car.

Security officers approached the male subject and shots were fired.

When APD arrived they discovered a male who had been shot. That person died on scene. 
 
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PA: Armed bystander Shoots Dog which was Attacking Deer



Witnesses told police they spotted the tan mixed breed dog attacking a deer at the intersection of Bradfield and Susquehanna roads in the Roslyn section of Abington Township around 9 a.m. Saturday. Several bystanders tried to get the dog off the deer but were unable to. One of the bystanders then pulled out a gun and shot the dog.
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KY: Homeowner Shoots, Kills Suspected Intruder in Spencer County



Trooper Jackson said when investigators with KSP Post 12 and the Spencer County Sheriff’s Office arrived on the scene, they found a man dead in the home. The initial investigation shows the man entered the home and was confronted by the homeowner, who shot and killed him.
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NICS Background Checks up for January, New Format for Reports


January 2020 had the fourth highest number of National Instant background Check System (NICS) background checks ever for a month, not just for January.

The number of total checks was 2,702,707. Only March of 2018 (2,767,699),  December of 2016 (2,771,159), and December of 2019 (2,936,894) had more checks in a month, in over 20 years of NICS.

High numbers in December are to be expected. It is most commonly the month with the highest NICS checks in a year.

What is being seen is not an ever expanding number of gun sales, but an ever expanding number of NICS checks for other purposes, especially for carry permits and carry permit rechecks. Of the number of NICS checks for January, 2020, 1,490,785, well over half, were for carry permits and permit rechecks.
Over 900,000 of those were re-checks for Illinois and Kentucky. Permit checks for those two states were 17,551 for Illinois and 2,341 for Kentucky.

The Illinois and Kentucky permit recheck numbers make comparisons of total NICS checks to gun sales unreasonable.

Fortunately, the FBI reports NICS Checks by state and type. Instead of looking at total NICS, the monthly report will now be on NICS for firearm sales.

Those sales are divided into four categories, so the categories will be shown in the charts. The four categories are Handguns, Longguns, Other, and Multi.

Handguns and Longguns are self explanatory, although the categories are becoming increasingly irrelevant under the silly NFA regulatory regime.

Other are firearms which are neither considered a handgun or a longgun, primarily things like serially numbered receivers which can be made into either a handgun or a longgun.

Multi are 4473 forms with show multiple sales of firearms on one form. The most common number on such a report would be 2. The assumption, for overall numbers, is that the average is 2.5, as there will be some multiple sales of firearms for more than 2.

Checks for permits have always been included in NICS. For a significant period they were about 100,000 per month. The first permit rechecks were shown on NICS for February of 2016.

The NICS checks for sales are a good indicator of sales, but not necessarily a good indicator of new gun sales. Many used guns are included. Additionally, 23 states substitute carry permits for additional NICS, as the background check for the permit is considered sufficient to purchase a firearm.

The number of gun sales NICS in January is very healthy, at 1,132,183. It is a 19% increase over the 950,011 NICS checks on firearm sales in January of last year.

It was almost certainly driven by purchaser concerns  about their legal ability to obtain the firearms they desire, given the openness of Democrat candidates on the national stage and in Virginia to state they wish to ban very popular models, even though those models are seldom used in crime.

Carry permits continue to increase. This likely contributes to the increasing share of handguns being purchased.

Because of low costs of manufacture, and high levels of competition, prices of firearms continue at historically low levels. In constant dollars, which accounts for monetary inflation, firearms are less expensive than they have ever been.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Saturday, February 22, 2020

MI: Homeowner Shoots Man who Attempted break-in with Knife



A man has been charged, accused of robbing a teacher at knife point and then breaking into a home where he was shot by a homeowner.

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VA: Farmer Holds Suspected Goat Rustler at Gunpoint



The Stafford Sheriff’s Office says it received a call last Thursday at 10pm. A farmer was holding the suspect in the middle of his field at gunpoint. The farmer told authorities that the suspect was intoxicated and attempting to steal several goats.
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TX: Security Guard Shoots, Kills man who Attacked him, Pointed Gun at him



The guard and witnesses told police that Patterson punched the guard multiple times before going into his apartment to get a handgun, police said.

The guard shot Patterson multiple times after Patterson returned with a weapon, chambered a round and pointed it at the security officer, police said.
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KY: Off Duty Police Couple Capture Armed Robbery Suspect


By Caroline Radnofsky and Suzanne Ciechalski
Two married off-duty police officers have been praised for thwarting an armed robbery during a date at a fast food restaurant in Louisville, Kentucky.

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Friday, February 21, 2020

Virginia Senate Committee Kills Gun Ban for 2020, Kicks Bill to 2021





A controversial gun ban bill, HB 961, has been defeated in the Virginia Senate Judicial Committee. The defeat comes in the form of a decision to postpone the bill to 2021. The committee also voted to send a letter to the crime commission, asking them to study the bill.  The parliamentary maneuvers amount to killing the bill. From wric.com:
RICHMOND, Va. (WRIC) — The Senate Judiciary Committee continued HB961, also known as the assault weapons ban, to the 2021 session.
The bill will be much harder to pass in 2021. Virginia has their state legislative elections in odd numbered years. In 2021, all  100 of the House of Delegates offices will be up for re-election. The House of Delegates is currently controlled by the Democrat Party, with 55 members. The Republicans are represented in the House with 45 members.

The NRA attributes the victory for Second Amendment supporter to the intense opposition to the bill voiced by tens of thousands of activists. Over 22,000 activists showed up in January, at the Capitol, on Lobby day, to show intense and widespread opposition to infringements on the right to keep and bear arms. From the nraila.org:
Thanks to Second Amendment supporters around the Commonwealth ceaselessly voicing their opposition to a sweeping gun ban, the Senate Judiciary Committee voted 10-5 to reject House Bill 961 on February 17th. Bloomberg’s House majority in the General Assembly is not going to deliver their most coveted agenda item to their billionaire master.
91 of 95 counties in Virginia have declared themselves to be Second Amendment sanctuaries.

The bill was highly controversial, banning many of the most popular rifles in the United States, as well as significant numbers of shotguns, pistols, and accessories. If passed it would have certainly been challenged in the courts. Both the Virginia State Constitution, and the United States Constitution contain strong protections for keeping and bearing arms.  From the Virginia Constitution:
Section 13. Militia; standing armies; military subordinate to civil power

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
The amendment was altered in 1970 to include the phrase "the right of the people to keep and bear arms shall not be infringed", which echoes the wording in the Second Amendment.  As the Second Amendment has been upheld as an individual right, It is difficult to believe the Virginia amendment would not be.

A new Governor and a new legislature will be elected in 2021. Both elections will test the resolve of Second Amendment supporters to oppose more infringements on the rights to keep and bear arms. Election of a pro-Constitution Governor would prevent most infringements from passing in Virginia.

There are several other bills in the legislative hopper. The legislature in Virginia meets for a limited time. It becomes ever more difficult to pass legislation as the end of the session nears.

 ©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

IA: Disarm, Resident Grabs Intruder's Gun, Fires at Them



IOWA FALLS – A Mason City man and his girlfriend have been arrested in a home robbery after their victim grabbed their gun.


The victim then fired off two shots in self defense, missing the assailants.
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TX: Employee Shoots, Wounds, man Attempting to Craw through Drive-Thru Window



FORT WORTH, Texas — An employee shot a man who tried to force his way in through a drive-thru window early Wednesday, Fort Worth police said.

The J&K Food Store's drive-thru was the only part of the store open around 2:15 a.m. when a man tried to climb inside, police said.

An employee called 911 and, fearing for his safety, shot the man in his side, according to police.
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FL: Gunfight, Domestic Defense, EX and New Boyfriend both Shot, Wounded



When the boyfriend opened the curtain to look through the sliding glass door, he saw Love pointing a gun at him. He then fired one shot at Love before his firearm jammed.

Love returned fire, hitting him in the leg. The woman called police.

The man was transported to Holmes Regional Medical Center where he was treated for non-life-threatening injuries.

While investigating the shooting, Palm Bay detectives were contacted by Ocoee Police Department officers, who said Love was being treated at an Ocoee hospital with a gunshot wound to the hand, saying he'd been shot in the Melbourne area.
More Here

Thursday, February 20, 2020

TX: Austin Couple Shoots 3 Home Invaders , Kill 2

The event happened at 5401 E Parmer Ln.

AUSTIN (KXAN) — Police say people living in a northeast Austin apartment shot three people breaking into their home, killing two of them. A man and woman died Tuesday night in the attempted home invasion.
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TX: Shawn Goodman Drives off Car Burglar with Pisol Fire



He told his wife to call police, and he grabbed his gun.

"I keep my gun on my back and so I drew down right here, I gave a verbal warning three times, and I said get on the ground," Goodman said.

But Goodman said the suspect wouldn't listen and started running, so he fired five times.
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OH: Jury Finds Killing of Wesley A. Swelgart was Jusified Domestic Defense



Stephanie L. Sweigart was taken into custody following the Feb. 8 death of 36-year-old Wesley A. Sweigart, who was found dead inside his home in the 200 block of Pershing Drive in rural St. Marys.

An Auglaize County grand jury declined to indict Stephanie Sweigart, Sheriff Allen F. Solomon and Prosecutor Edwin A. Pierce announced Friday.
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TX: Clerk Fires at Driver who Smashed into Building



The clerk working inside the store fired shots toward the driver when the truck crashed into the building.

Jose Rota said he opened fire in fear before the driver took off.

"I was scared for my life for real," Rota said. "I didn't know what was going on because he was hitting everybody."
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OK: Armed Intruder Breaks In, is Shot, Killed in Ada



"A few seconds later the door was kicked in, and one of the witnesses saw a gun stick inside the house and called out 'gun!'" Ada city spokeswoman Lisa Bratcher said.

Vick told police that's when he fired at Winters in self-defense. Winters was shot in the torso and expired at Mercy Hospital on Tuesday afternoon.

More Here

Wednesday, February 19, 2020

Iowa Bill to Permit Holders to Keep Guns in Locked Vehicles Advances



The Iowa legislature has introduced a bill, SF 459, to allow employees and volunteers who have carry permits, to keep firearms in their locked vehicle, in parking lots, even if the employer forbids firearms on their property. The bill passed out of the Senate subcommittee on 23 January, 2020.

The benefit in the bill, for the employer or lawful owner or possessor of the property, is they are held immune for any actions that may have allegedly caused harm due to the presence of the firearm in the locked vehicle. From legiscan.com:
S.F. 459 Section 1. NEW SECTION . 724.4D Limitation on employers —— 1 firearms and ammunition.
1. For purposes of this section, “employee” includes a contract employee or volunteer.

2. An employer shall not prohibit an employee in possession of a permit issued pursuant to section 724.6 or 724.7 from carrying, transporting, or possessing a firearm or ammunition, if the firearm and ammunition are out of sight and inside the locked motor vehicle of the employee on the real property comprising the employee’s place of employment, provided the motor vehicle is parked in a location designated or allowed for employee parking, and if the carrying, transportation, or possession of the firearm or ammunition is otherwise lawful under the laws of this state.

3. An employer, owner, or lawful possessor of the property on which the employer is located shall be immune from any claim, cause of action, or lawsuit brought by any person seeking damages that are alleged, directly or indirectly, as a result of any firearm or ammunition brought onto the property of the employer, owner, or lawful possessor by an employee pursuant to this section.
Several other states have passed parking lot legislation. The argument is, allowing an employer to forbid an employee to store a firearm in their locked vehicle, effectively disarms them on their way to and from work.

In addition, it is argued, that employers violate employee rights to the employee's property by insisting on control over what is in an employee's vehicle.
In news coverage, Senator Jason Schultz makes the argument.  From whotv.com:
Currently, someone with a conceal-and-carry permit cannot bring their firearm to work, if company policy does not allow guns on the premises.

"We have hundreds of thousands of Iowans, law-abiding good Iowans with conceal carry permits who wake up and get children ready for school cannot exercise their second amendment right," Sen. Jason Schultz, R-Schleswig.

Schultz said these legislation would allow for Iowans with permits to fully enjoy their second amendment rights.
According to this article on weapons in the workplace, there are 23 states which protect the Second Amendment rights of employees to keep weapons in their vehicles in an employer parking lot, in some fashion or another.  

A Democrat senator in Iowa was quoted as supporting the 2020 parking lot law.
Sen. Tony Bisignano, a Democrat, used a personal example in support of the legislation. He said he strives to go to mass before work daily, but cannot bring his firearm to a church.

"Not being able to carry my weapon in my car in the proper way would create an inconvenience for me to go home to get my weapon to go to work where I can carry my weapon," he said.
Gun owners who can legally carry have been shown to be incredibly law abiding. While police officers break the law far less than the general public, carry permit holders break the law far less than police do. Studies of police infractions are difficult to come by, but where comparisons can be made, police commit several times the rate of infractions of permit holders.

Those who wish for a disarmed public claim more guns will cause more problems.

Those who argue for the exercise of Second Amendment rights argue that more armed, peaceful, gun owners make society safer. Private gun owners who have stopped mass murders, such as recently in Texas, are used to show the utility of private gun ownership.

The Iowa Legislature has a majority of Republicans in both the Senate (32 of 50 senators) and the House of Representatives (54 of 100 representatives).

The Iowa Governor is Republican Kim Reynolds, the first female governor of Iowa.

The Great Seal of Iowa says "WE PRIZE OUR LIBERTIES and OUR RIGHTS WE WILL MAINTAIN"



 ©2020 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch















VA: Aggresive Man who Followed Family from Restaurant, Shot, Killed



The man who shot and killed Hicks waited on scene for police to arrive and was released later after being questioned by detectives, police said, describing the incident as a confrontation between the two men. Pierce said Hicks was “verbally aggressive” and continued to follow the family despite being told to stop.
More Here

FL: Security Guard Shoots, Kills Suspect



ORLANDO, Fla. - An Orlando security guard shot a man after the man pulled a gun on him on Tuesday, police said.
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Followup LA: Deputy who Survived Deadly Encounter with Aaron Sparkman will not be Charged



LIVINGSTON - A sheriff's deputy who shot and killed a man who attacked him in his front yard will not face charges.

The Livingston Parish District Attorney's Office announced Tuesday that Caleb Browning would not be charged in the deadly shooting of Aaron Sparkman, which unfolded on the front lawn of Browning's home on Dec. 16, 2019. The DA's findings suggest Sparkman had gone there to confront the off-duty deputy and his estranged girlfriend, with whom he had a 3-year-old child.
More Here

Tuesday, February 18, 2020

NICS Article Delayed due to Changes in Graphics

Our usual article on the numbers of NICS checks is a little late this month.

We are in the process of changing graphics to reflect numbers of firearms sold rather than total NICS.

The NICS checks are now showing more than half from carry permits and carry permit rechecks.

Dean Weingarten

AL: Domestic Defense? Woman Shoots Boyfriend who Attacked Her

The boyfriend is reported to have used a rifle as a blunt instrument, striking Harbison in the head. She was bleeding when the police arrived.

According to the press release, Harbison told deputies that Bailey hit her in the face during a altercation inside the home. Harbison armed herself with a 9mm handgun and shot BAILEY in the chest. He was pronounced dead on the scene.

This case will go to a Grand Jury.
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PA: 1 of 3 Home Invasiton Suspects Shot, Wounded in Butler Incident



BUTLER (KDKA) – Butler City Police Department is investigating a home invasion and shooting that took place early Sunday morning.

According to police, they responded to a call regarding shots fired at 6:17 a.m. Sunday in the 300 block of Liberty Street.

They later responded to a home on Brown Avenue for an 18-year-old man shot, identified as Lamont Franklin.

More Here

PA: Occupandt Shoots, Kills 55-Year-Old who was Forcing Entry

According to officials, initial reports suggest that the victim was forcing his way inside of the home when he was shot by someone inside.

More Here

Monday, February 17, 2020

AL: Armed Victim Shoots, Kills Armed Robbery Suspect in Birmingham

BIRMINGHAM — Police in Birmingham said a man was shot and killed while attempting a robbery early Sunday morning. Detectives are conducting a homicide investigation, according to Sgt. Rod Mauldin.

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KY: Armed Homeowner Shoots Alledged Home Invader in Russel



Police Chief Ned Crisp tells WSAZ it happened just after 1:30 Sunday morning on the 300 block of Short White Oak Road.

Crisp says a 31-year-old man was shot by the homeowner and was flown to Cabell-Huntington Hospital where he remains in critical condition.
More Here

Followup CA: Store Owner in Golden Liquor Shop Gunfight Acted in Self Defense



Detectives investigating the Golden Stop Liquor shooting that occurred Feb. 2 believe the store owner acted in self-defense when he reportedly shot and killed a suspect during a robbery.

“It’ll be presented to the district attorney,” sheriff’s Lt. Robert Westphal said, adding that he doubts the district attorney will press charges against the store owner.
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TX: Shop Employee Shoots, Kills Armed Robbery Suspect



The pawn shop owner said a shop employee was the one who shot and killed one of the suspects, who was attempting to rob the store. Two suspects entered the store to rob it and while one of the suspects held an employee at gunpoint, the other employee grabbed a gun and fired at the suspect, killing him, the pawn shop owner said.

More Here

Sunday, February 16, 2020

Virginia Close on Gun Ban and Confiscation


Virginia Second Amendment Sanctuaries in Green, 8 January, 2020


The Virginia bill to ban "assault weapons", HB 961, is highly controversial. It is one of the items credited with bringing over 22,000 Second Amendment supporters to the Virginia Capitol to lobby their legislators. 91 of 95 counties in Virginia have passed Second Amendment sanctuary resolutions, saying they will not comply with such legislation. 

The Virginia legislature, with a new Democrat party majority in the House of Representatives (55-45) and the Senate (21-19) and a Democrat Governor, has been energized to pass bills long considered to be outside acceptable limits.

The Democrats passed their revised "assault weapons" ban on 11 February, 2020, by a narrow majority, (51-48) in the House. Several Democrats joined all Republicans in voting against the bill.

The bill combines numerous evolving definitions of "assault weapons". It includes many of the most popular semi-automatic centerfire rifles, large numbers of semi-automatic centerfire pistols, and many shotguns. It bans "trigger activators" which appear to be bump stocks.  It appears to grandfather silencers legally owned prior to enactment of the bill. Here is the summary of the bill. From HB 961:
Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.

Last minute wrangling likely grandfathered in silencers which are in legal possession when (and if) the bill becomes law. The summary says possession of silencers is banned. That was changed. Here are the relevant paragraphs from the engrossed bill as it passed the House:
§ 18.2-308.11. Import, sale, transfer, etc., of silencers; penalty.

A. For purposes of this section, "silencer" means any device for silencing, muffling, or diminishing the report of a firearm, including any part or combination of parts designed or intended for use in assembling or fabricating such a device.

B. It is unlawful for any person to import, sell, transfer, manufacture, or purchase a silencer, provided that a person may transfer a silencer in accordance with the provisions of the National Firearms Act (26 U.S.C. § 5801 et seq.). A violation of this section is punishable as a Class 6 felony.
Notice possession is not banned, but any further acquisition is.

The bill, if passed unchanged, has numerous legal difficulties. It appears to be unconstitutional on its face, given the Supreme Court decisions in Heller, McDonald, and Caetano.

The Supreme Court has been reluctant to take any new Second Amendment cases for a decade. Some appellate courts have ruled the Second Amendment does not protect semi-automatic rifles or magazines over 10 rounds.  Others have ruled the Second Amendment has no effect outside the home.

The Supreme Court has two new justices in Gorsuch and Kavanagh. It is currently working on a case involving the Second Amendment.  It should publish a decision by the end of June. No one knows how the Supreme Court will rule on the issue.

HB 961 may be defeated in the Virginia Senate, which holds a slim majority of Democrats 21-19. Most politicians want to keep their seats. This bill is incredibly toxic in Virginia.



 ©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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OH: Ex Wife and New Husband Ambush Ex Husband and New Wife, both Shot, Killed

The link is to a decent article in the Daily Mail about the incident. The gunfight was captured on video. The video is said to collaborate the account of Lindsey Duncan and his wife, Molly. Part of the gunfight was also captured on a 911 call Molly made.

Cheryl Sanders, 59, and her husband Reed (Robert) Sanders, 56, were shot dead by Cheryl's ex-husband Lindsay Duncan on Wednesday, February 12, in a deadly shootout outside Duncan's home.

The former married couple is believed to have been engaged in a long-running feud regarding a college trust fund set up for their two daughters.

Duncan, a celebrity nutritionist who has appeared on 'The Dr. Oz Show' and 'The View', is not facing any charges in their deaths as police say he acted in self-defense.
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CO: Gunfight in Colorado Springs, Houses and Vehicles Blasted, no one injured

Another resident told police that someone came to his door and attempted to rob him, police said. Multiple people began shooting and the resident returned fire, police said. The reported robbers drove away and the resident chased them in his car, then later returned to the scene after officers arrived.

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Followup IL: Home Invader Killed, Accomplice Charged with Murder in Danville



DANVILLE, Ill. (WAND) - A man is facing a murder charge, even though he was not the one who fired the deadly shot.

On Jan. 19, 29-year-old Jordan Valdez-Parrish was shot and killed by a homeowner when he and other suspects forced their way into a house in the 1000 block of Franklin St.

Police were called to a home invasion in progress with shots fired.

When they got there, a 31-year-old Danville man met them and said several people armed with handguns and wearing ski masks kicked in his door and tried to rob him.

More Here

WA: Armed Homeowner Shot, Killed Intruder who Broke Door and Charged



Vancouver PD responded to what they believe was a burglary around 10:20 p.m. in the River View Neighborhood along Southeast Beach Drive. Police said an unknown man kicked in a back door and was inside the home when he was confronted by the homeowner, who had a gun.

The burglar charged the homeowner, who fired and shot the suspect. The suspect ran outside and collapsed. When authorities arrived the suspect was already dead.
More Here

Saturday, February 15, 2020

West Virginia Senate Passes Preemption Bill to Protect more than Guns




The West Virginia Senate passed Senate Bill 96, a reform of the state weapons preemption law, on 11 February, 2020. It passed with a vote of 30 in favor, 2 opposed.

It appears all 50 states have some form of weapons preemption law.  Such laws prohibit local governments from enacting rules, ordinances or limits on the exercise of Second Amendment rights. This ensures some weapons laws are uniform across the entire state.

The preemption laws vary in effectiveness and scope. In West Virginia, the current preemption law §8-12-5a, has this heading:
§8-12-5a. Limitations upon municipalities’ power to restrict the purchase, possession, transfer, ownership,carrying, transport, sale and storage of certain weapons and ammunition.
The current law prohibits local governments from regulating revolvers, pistols, rifles, shotguns, or any ammunition components, in a manner in conflict with state law.

SB96 expands the protection of the current preemption law to include most deadly weapons and pepper spray. From Senate Bill 96:
(b) For the purposes of this section:

Deadly weaponmeans an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to that use. The term deadly weaponincludes, but is not limited to:   

(A) A blackjack, gravity knife, knife, switchblade knife, nunchuka, metallic or false knuckles,pistol, revolver and firearm, as defined in §61-7-2 of this code, or other deadly weapons of like kind or character which may be easily concealed on or about the person; and 

 (B) A rifle and a shotgun.

Deadly weapondoes not include explosive, chemical, biological and radiological materials,or any item or material owned by a school or county board of education intended for curricular use, and used by a student solely for curricular purposes.
Parsing the wording carefully, the bill brings all arms under the protection of the preemption law, with the exception of explosive, chemical, biological, or radiological materials.

As I  wrote almost three years ago, the Supreme Court, in Caetano v. Massachusetts, unanimously affirmed the Second Amendment applies to all bearable arms.  From Ammoland:
In a historic, but extremely short unanimous opinion, the United States Supreme Court has confirmed that the Second Amendment applies “to all instruments that constitute bearable arms,”.  
As this is an enormous class of nearly all weapons, the decision is properly applied to knives and clubs, and nearly all firearms that have been sold in the United States. 
Knives are protected.  Infringements on the right to keep and carry knives have been common in the United States. Knife Rights is lobbying on behalf of West Virginia Senate Bill 96. Knife Rights has a stellar record of restoring the right to keep and carry knifes. The organization has lobbied for and been instrumental in passing laws repealing knife bans in 22 states.

Knife Rights proudly claim that " The fight to protect our knives is the Second Front in Defense of the Second Amendment™"

It is an accurate description. 

Many who fight hard to infringe on the rights to keep and carry firearms have been allies in the right to keep and carry knives. This creates momentum and precedent to remove infringements on the right to arms generally. 

SB 96 in West Virginia has been referred to the House. If it passes a House vote,  it will need to be signed by the Governor Jim Justice to become law.


©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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