Thursday, March 31, 2022

Kick Florida Senate President Simpson (Lukewarm Second Amendment supporter) upstairs?


Republican Senator Wilton Simpson is the current state Senate President in Florida.  He is running to become the Agricultural Commissioner, who administers the Concealed Weapons Permit system.

Marion Hammer excoriated Simpson and 16 other Republicans when he helped pass a major gun control bill in Florida, in a knee-jerk response to the mass murder at Marjorie-Stoneman high school. The mass murder highlighted major failures of the school administration and the Obama administration.

Simpson was one of 17 Republicans who were targeted by Hammer in a memo dated April 18, 2018, to the United Sportsmen of Florida, which is an NRA affiliate (USF-NRA). 

Simpson, at the time, had an A+ rating by the NRA. It appears the bill, SB-7026, was supposed to fail; Republican Senator Doug Broxson, of Pensacola, switched his vote at the last minute. From the Marion Hammer memo: 

SEN. DOUG BROXSON (R) Pensacola: North Florida Sen. Doug Broxson was the linchpin. When he pulled his support for the Second Amendment and the rights of law-abiding gun owners he became responsible for passage of the "gun control bill."  If Doug Broxson had kept his word, the bill would have been killed in the Senate and Senate leadership would have had to start over and bring back a true school safety bill without the gun control provisions. But at the last minute, Broxson caved to threats and promises from Senate leadership and switched his vote and sold you out.  

Simpson has had a mixed record as a supporter of Second Amendment rights. He has not vigorously supported either open carry bills or Constitutional Carry bills in Florida. He has been helpful in stopping many bills designed to weaken and restrict Second Amendment rights in Florida. Open carry or Constitutional Carry requires vigorous support of Republican party leadership to pass in Florida. Here are the words of Senate President Wilton Simpson on Constitutional Carry in 2022: 

“If a constitutional carry bill gets to the Senate floor, and it’s heard on the Senate floor, I would vote yes. I would support that on the floor,” Simpson said.

However, the Trilby Republican told reporters he would not get involved in constitutional carry legislation until it gets to the Senate floor. That differed from comments one gun rights organization said Simpson made during the meeting.

Those are not the words of a leader who is vigorously working to push the legislation through the Florida Senate.  

Marion Hammer has near legendary status as a Second Amendment supporter and former NRA president. She is widely considered as the mother of the modern movement to restore the right to bear arms in the United States, with the Shall Issue permit bill she shepherded through the Florida legislature in 1987. 

Passing major Second Amendment reform legislation in Florida, without the support of Marian Hammer, is extremely difficult.

Marion Hammer has endorsed Senator Wilton Simpson for Agricultural Commission this year.

Hammer said Simpson’s record makes him the best candidate for gun rights supporters.

“The Florida Agriculture and Consumer Services Commissioner has the duty to oversee and administer the statutory laws that govern the concealed weapon and firearm licensing process,” she said. “We believe it is vital to have a Commissioner who understands the importance of running this Cabinet office with integrity, honor, and who will not politicize our constitutional rights.”

Would Wilton Simpson do a good job as an Agricultural Commissioner? His record indicates he would. He likes the Florida Concealed Weapons License system.  

If Simpson becomes the Agricultural Commissioner, he will *not be* the Senate President. It is likely his replacement will be a more rigorous Second Amendment supporter. 

In a bureaucracy, this is called "Kicking a problem upstairs."

This correspondent cannot read Marion Hammer's mind. She is a savvy political operator who can count votes and works the long game. Simpson's replacement will want Marion Hammer's endorsement. 

Simpson's reason for running for Agricultural Commissioner may be monetary. It would triple his income as a politician, from about $41K to about $129K.  It is a plum position. It would probably more than triple his political retirement income, from about 10k to 37K, based on calculations assuming he is re-elected once as Agricultural Commissioner.

Analysis:

Which is better? Removing Senator Simpson to an Agricultural Commissioner position, where he will owe something to Marion Hammer and the USF-NRA and their endorsement; or punishing him for his lack of support for open carry, Constitutional Carry, and the 2018 vote for more gun control, to motivate other Florida Republicans to support Constitutional Carry?

It is not an easy question to answer. 

Is Simpson's replacement as a Senator likely to be an upgrade for Second Amendment Supporters?  

Is a new Florida Senate President likely to be an upgrade? 

Will stopping Simpson from being Agricultural Commissioner instill sufficient motivating fear in other Republicans, so they will support Constitutional Carry? 

Florida Republicans respect and fear Second Amendment supporters and, particularly Marion Hammer.  If Marion Hammer had proposed a  Constitutional Carry bill, it might have passed in 2022. Perhaps she will do so next year.  She has supported open carry legislation in previous sessions.

Personalities become very important during legislative processes.

Update: Wilton Simpson switched his district from 18 to 10 in 2016, which is likely how he can stay in the Senate for 12 years rather than 8, which is the normal term limit in Florida. His largest campaign contribution came from Disney in 2016. Not a great endorsement for a "conservative" legislator. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Armed Customer Shoots, Kills Armed Robbery Suspect inside Corner Store

PHILADELPHIA (CBS) — An attempted armed robbery suspect was shot and killed by a customer inside a corner store in North Philadelphia Wednesday. The shooting happened on the 1400 block of Master Street in North Philadelphia, around 12:30 p.m.

More Here

CA: Enzo Zelocchi Shoots at Home Invaders

The victim in that incident, self-described as an actor, producer and social media influencer, told Eyewitness News that he believes he was targeted.

Enzo Zelocchi said he was sitting in his living room checking emails when two suspects dressed in black broke down his door.

"I was already with my gun behind the door because I had the closet over there where I kept one of my guns... I shot twice and they ran like bunnies," he said.

Another home invasion was reported about 90 minutes earlier on Butler and Mississippi avenues - roughly five miles away in West L.A.


Two people were home when multiple suspects armed with guns broke in, but they were not hurt. Police say the armed suspects got away with watches and other items.

More Here

OH: 74-Year-Old Homeowner Shoots Teen Home Invader

A 74-year-old Akron homeowner Tuesday morning confronted and shot a suspected teen burglar inside a Johnston Street home in what was described as a home invasion, Akron police said.

The incident, at a home in the 700 block of Johnston Street, was called in at 7:26 a.m. The home is in a residential neighborhood east of state Route 8 and Lumiere Street, and west of Hammel Street.

Police said they found a 16-year-old inside the home with multiple gunshot wounds. Police gave the teen first aid until he was transported to Akron Children's Hospital, where he is listed in stable condition.

More Here

Wednesday, March 30, 2022

Do Permits to Carry equal Gun Registration?

 


On a recent article about the intricacies of passing a Constitutional Carry bill in Nebraska, it was noted people with a recognized permit to carry concealed in Nebraska were not required to register their handguns in Omaha, Nebraska. Omaha, specifically the Omaha Police Officer's Association, was lobbying hard to keep the Omaha requirement of registration of handguns.

Under current Omaha regulations, people who do not have concealed carry permits which are valid in Nebraska, are required to register handguns in Omaha. 

Commentator Jon Anderson of the Nebraska Firearms Owners Association noted: 

Omaha ALREADY requires registration of all handguns possessed inside city limits UNLESS the possessor has a Concealed Handgun Permit (CHP holders are exempt from registration. This has been the norm for YEARS.

Commentator Russn8r replied:

No, they’re not. A concealed carry permit *is* registration! Extensive registration.

Both are correct, in a sense. CHP holders in Nebraska are not required to register any firearms, handgun or long gun. 

A concealed carry permit is "registration" of a sort. It is registration showing the person who has the permit applied for and received a permit to carry a concealed handgun (in Nebraska or some other states) or weapon (in Arizona or some other states).  Such "registration" has little significance, because it does not tie the person registered to any particular handgun. It does not show the person registered owns a handgun. Numerous students in the concealed carry courses this correspondent conducted in Arizona did not own guns.

This is a significant difference in the level of registration. Legally tying ownership of a particular firearm to a particular person is a stepping stone to confiscating guns from the population slowly, by increments. Registration of guns with particular owners, is, in effect, gun confiscation.

Registration of someone as having received a carry permit has little effect. It shows the person is likely to own a firearm. Many other things do so as well, such as reading AmmoLand. It is difficult to avoid having your viewing history on the internet recorded and tracked. If you purchase a firearm, ammunition, or a firearm accessory with a credit card, you can easily be on a list of potential firearms owners. If you subscribe to any hunting or shooting magazine, or belong to any shooting or Second Amendment group, you are on a list as valid as having a carry permit. If you have a hunting license, you are on a list.

In the United States, about 40% of residents are strong, potential firearms owners. In some states, such as Alabama, Alaska, and Arizona, the number of likely firearms owners is a significant majority of the residents of the state. What good does a list of potential firearms owners do, when a list of residents is mostly the same? 

Most states who issue carry permits do not require information about a particular firearm in order to issue the permit. There are a couple of exceptions.

California appears to list specific firearms on the permits they issue for carry. If particular sheriffs in California do not do so, please inform us of the practice.

New Jersey requires information about the specific firearms which would be carried. 

Some local jurisdictions which issue permits to carry, such as Sheriffs in in a few states, might require information about specific handguns, but it seems unlikely.

A few states require registration of all guns or just handguns, such as California, Hawaii, Maryland, Massachusetts, Michigan, New Jersey, and New York.  A person with a carry permit does not add much information to their data base.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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WA: Kirkand Man Shoots Intruder, They knew Each Other

KIRKLAND, Wash. — Kirkland police are investigating after a man said he shot an intruder at his home.

Police were called to the home on 115th Avenue Northeast in the Juanita neighborhood at about 10:45 p.m. Sunday.

Police said the intruder and the resident knew each other.

More Here

Biden Administration Sues State of Missouri to Invalidate Gun Law (SAPA)


On February 16, 2022, the Biden Administration filed a lawsuit in the United States District Court for the Western District of Missouri, Central Division, claiming the Second Amendment Protection Act, (SAPA) was unconstitutional.

From the federal filing:

This lawsuit challenges a Missouri state statute that purports to invalidate federal firearm laws within the State. The Missouri law uniquely discriminates against federal agencies and employees; impairs law enforcement efforts in Missouri; and contravenes the Supremacy Clause of the United States Constitution.

The statute referred to was passed as HB 85 and 310. The bills specifically challenge federal power in several ways. The bills are a direct challenge to federal power to regulate and tax arms, as well as an anti-commandeering measure. From the bill:

(6) The people of the several states have given Congress the power "to regulate commerce with foreign nations, and among the several states", but "regulating commerce" does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property nor to dictate what sorts of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;

(7) The people of the several states have also granted Congress the powers "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States" and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof". These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not be construed to grant unlimited power because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the general assembly rejects any claim that the taxing and spending powers of Congress may be used to diminish in any way the right of the people to keep and bear arms;

The commerce clause and the taxing power are the basis by which the federal government claims the power to enforce most federal gun laws in the United States against individuals. The only federal gun laws before 1934 were measures to prohibit the sale of handguns through the federal postal service. As the postal service is specifically granted to the federal government by the Constitution, this was not challenged.

The Supreme Court ruled in the Miller decision, in 1939, that the Second Amendment might not apply to arms which were not related to use in a militia; the ruling was poorly worded, and far from conclusive. Lower courts, packed with Progressive judges by the FDR administration, simply ignored the Miller decision and held the federal government could regulate arms through the commerce clause and with taxation. From a previous article:

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 Heller decision was the  first case about the Second Amendment heard by the Supreme Court since 1939. In the Heller decision, in 2008, the court implied the federal government had the Constitutional authority to regulate commercial sales of firearms. Then, with the McDonald decision in 2011, the Supreme Court held the restrictions of Second Amendment on the federal government applied to the states as well.

In order for the federal district court to find against the federal government, it would have to find the Heller decision wording about commercial sales to be invalid, which seems unlikely. The same applies to the federal Eighth Circuit Court of Appeals, in which Missouri is located. 

This is the first case this correspondent is aware of which directly challenges the federal government authority to use the commerce clause and the taxing power to avoid Second Amendment limitations, via the explicit limitation of power placed on the federal government by the Tenth Amendment. Both amendments specifically limit government power.  This challenge is not from a private individual, but directly from a sovereign state, which should grant it clear standing before the court.

To prevail, the case will have to go to the Supreme Court. This correspondent finds the arguments presented in HB 85 and 310 to be persuasive. The Tenth Amendment specifically limits federal power. The Second Amendment specifically limits government power. The concept that the federal government can avoid these limitations by evoking the commerce clause and taxing authority make a mockery of the checks and balances of the Constitution. The legislative history of the National Firearms Act is specific in that the taxing power was used, very intentionally, as a work around the limitations imposed by the Second Amendment and the Commerce Clause.

If the Tenth Amendment and the Second Amendment can be evaded simply by evoking the commerce clause and the taxing power, those amendments in the Bill of Rights are essentially rendered void. As both the Second and Tenth Amendments were ratified after the Constitution was ratified, it is clear they were meant as constraints on those powers. 

None of this means the District Court in Missouri or the Eighth Circuit will rule in favor of MIssouri. With several originalists and textualists on the Supreme Court, there is a chance the Supreme Court could rule in favor of Missouri.

The effect of such a ruling would be the limiting of federal gun laws, to those involving import and export, or, possibly, to commerce which actually crosses state lines. Thus, federal firearms licenses could remain in effect, but commerce inside a state would not require a federal firearms license. The National Firearms Act restrictions would only apply if those items were shipped across state lines.  In practice, most firearms and most NFA items are shipped across state lines. In practice the Supreme Court has held the commerce clause gives the federal government the power to regulate all commerce. Some justices on the Supreme Court disagree with this interpretation.

If the Supreme Court found the Missouri law to be constitutional, it would not roll back all power under the commerce clause, but only the power related to infringements on the Second Amendment.

The Missouri law contains a clear severability clause. If parts of the law are found to be unconstitutional, they do not render the entire law unconstitutional. It seems likely the anti-commandeering portions of the law would survive judicial review.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.


 


Tuesday, March 29, 2022

ND Followup: Not Guilty, Jury Finds Raymond Gun acted in Self Defense

Raymond Gunn was on trial for the death of 41-year-old Eric Hayes, who was shot and killed in the parking lot of a bar and gas station near NDSU. The jury deliberated for nearly five hours on Friday, March 25. They returned on Monday and announced a verdict had been reached mid-day.

The jury reviewed surveillance video evidence showing Gunn pistol whipping Hayes in the head. His attorneys argued self-defense saying Hayes was armed with a knife.

More Here

LA: Man Shot after Pointing Gun at Married Couple

The other man said he thought his wife’s life was in danger, so he armed himself and approached the group. When the LaPlace man pointed a gun at him, the other man said he drew his own weapon and shot the man in self-defense.

Kenner Police said the married couple “fully cooperated with the investigation,” and that two guns were recovered, one “believed to belong” to the LaPlace man who was shot. No arrests have been made, but Cunningham said the investigation is ongoing.

Kenner Police said several witnesses fled the parking lot at the time of the shooting, and detectives are asking them to contact the department to assist with the investigation.

More Here

Monday, March 28, 2022

KS: Shooting of 27-Year-Old was in Self Defense

Upon arrival, they found a 27-year-old man with several gunshot wound.

Police say that an argument broke out involving several family members at the man’s home. The 27-year-old male was shot multiple times after the argument escalated.

Police said that individual who shot the 27-year-old was acting in accordance with Kansas Statutes Annotated 21-5222, Use of Force in defense of a person; no duty to retreat.

More Here

Sunday, March 27, 2022

PA: Store Manager Shoots, Kills Suspect who had Simulated Gun

PHILADELPHIA (CBS) — A store manager turned the tables on a would-be thief during an attempted robbery at a North Philadelphia Dollar General on Thursday night. The manager shot and killed the suspect. 

Police say a 36-year-year old man was attempting to rob a dollar store when he pulled out what appeared to be a weapon.

More Here

IL: Chicago Armed Taxi Driver Shoots Man Attempting to Carjack Him

CHICAGO — A taxi driver shot one of three attempted carjackers Thursday night after they entered his vehicle, police said.

Just after 6:30 p.m., police responded to the 5400 block of West Van Buren following a report of a shooting.

Police said a 30-year-old man was providing a taxi service in a red Mitsubishi when he was called for a fare at the above address.

More Here

Saturday, March 26, 2022

Inside Dope on Nebraska's Constitutional Carry Bill, LB773


 


Due to the energetic efforts of Nebraska State Senator Tom Brewer, Nebraska is getting close to passing LB 773, the Nebraska Constitutional Carry bill in 2022. 

LB 773 has already been pulled (forced out by a vote of the Senate) from the committee, and passed the General File cloture vote with 33 votes, and three more that switched their votes when they saw it was going to pass.

It was a very close thing. In the Nebraska unicameral legislature, each bill has to pass through three votes which may be filibustered. The three votes are in the General File (done), the Select File (pending) and the Final vote (after the Select File).

This correspondent recently talked with Richard Clark, a member of Tom Brewer's staff.

In order to obtain the votes to make it through the Select File closure vote, Senator Brewer has offered up an amendment, AM 2106, to cater to the Omaha Police Officer's Association. The amendment allows Omaha to require registration of handguns to be carried in Omaha, for those who do not have a permit recognized by Nebraska law. Nebraska currently recognizes permits from about 35 states, for people who are 21 years old or older. The amendment requires Omaha to register a handgun from any applicant who is not prohibited from owning a firearm under Nebraska or Federal law. Current law in the city of Omaha is very restrictive. LB 773 and Amendment AM 2106 eliminate about 90 percent of those restrictions, but allows the much truncated registration restrictions to continue.

The bill allows a person to be prosecuted for carrying a concealed weapon, if they do so during while committing 70 listed crimes. There are about 1200 listed crimes in the Nebraska statutes.

LB 773 eliminates all of the local restrictions in the Lincoln, Nebraska, the state capitol. Lincoln has a scheme of regulation similar to Omaha's.  Lincoln is reputed to be the most anti-Second Amendment place in the state. Lincoln has at least a dozen additional categories of prohibited person. Those would be eliminated.

The Speaker of Nebraska's unicameral Senate is Mike Hilgers. He is strongly in favor of LB 773. In 2015 and 2017, Speaker Hilgers pushed for statewide preemption. Both votes failed by 1 vote. Most of his preemption bill is in LB 773.

The Legislature is in its last days of the session. They are dealing with budget matters this week (March 21-25) and will probably deal with LB 773 on the 30th or 31sth of March, 2022. If the bill does not pass, the Speaker wants the votes so Nebraska state Senators can be held accountable.  

Speaker Mike Hilgers is running for Attorney General of Nebraska this year.

One Senator, Justin Wayne, hates the Omaha amendment as does the NRA. He hates the currently restrictive Omaha regulation and registration system.  Senator Wayne, a Democrat, was a supporter of the bill, LB 773. Senator Wayne represents an Omaha District. With the amendment, Senator Wayne withdrew his support. This makes obtaining the 33 votes necessary to pass the bill more difficult. 

Nebraska Governor Ricketts has said he would sign a Constitutional Carry bill.

Nebraska has a reasonably good chance of passing Constitutional Carry, for all of the state, except Omaha, this year. In the process of doing so, statewide preemption will be put into effect, except for the much reduced registration requirement in Omaha. 

The bill would restore a lot of ground for Second Amendment supporters, without giving up anything.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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FL: Taxi Driver Shoots man who Attacked him

State Attorney Jack Campbell did not return a reporter's request to verify the deputy's statement. 

Campbell told WCTV that the driver’s use of force was lawful under self-defense, and the passenger admitted to police that he had “put his hands” on the driver. The station reported the cab driver, who had just started carrying a gun the month before, became scared after the passenger became angry.

It's at least the second shooting to be ruled as self-defense this month.

More Here

NV: Woman Shoots Ex who Broke in, Threatened Boyfriend with Gun

LAS VEGAS (KLAS) — Las Vegas police say a preliminary investigation indicates a woman acted in self-defense when she shot and killed her ex-boyfriend Wednesday morning.

According to Las Vegas Metropolitan Police Lt. Ray Spencer, the homicide was reported in the 2900 block of Seasons Avenue, north of the 215, near Pebble Road and Eastern Avenue.

More Here

Friday, March 25, 2022

WA: Man Attempting Debt Collection with Gun, Shot by "Victim's" Father

A Sequim man attempting to rob a motorhome resident was shot in the mouth by the father of his would-be victim.

Mason Archer-Barrett, 27, was expected to be charged with first-degree attempted robbery after he was released from Harborview Medical Center in Seattle.

More Here

PA: Disarm, Customer in Smoke Shot Shoots Suspect with Suspect's gun

A suspected robber in Philadelphia was shot dead when a customer in a smoke shop managed to get ahold of the suspect’s gun and shoot him, according to reports. 

"At this point, we believe there was a robbery inside the smoke shop. Possibly the tables were turned on the robber and that's when the robber got shot and he was able to get in this Toyota in the passenger seat who was driven two-and-a-half blocks," Philadelphia Police Chief Inspector Scott Small said, according to Fox 29.


More Here

Illinois FOID reformed, Under Supreme Court Scrutiny


The Illinois Firearms Owner IDentification (FOID) requirement came in with the enormous gun control push done by Democrats in 1968, during the Johnson administration. 

In 2017, an Illinois state judge, T. Scott Webb, of White County, found the FOID unconstitutional. The case made it to the Illinois Supreme Court, where it was sent back to the District Court for clarification. 

In 2021, it was found to be unconstitutional again, and has again made its way back to the Illinois Supreme court. From the decision, Case 17-CM-60, 26 April, 2021:

“A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a fa├žade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes. Accordingly, if a person does something themselves from being able to exercise being able to exercise that right, like being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”

What the Illinois Supreme Court will decide is uncertain. It appears they do not want this case. From daily-journal.com

SPRINGFIELD – The Illinois Supreme Court is being asked for a second time to decide whether a state law requiring gun owners to have a firearm permit is unconstitutional – a question the court previously declined to answer.

The case involves a White County resident, Vivian Claudine Brown, who was charged in March 2017 with possession of a firearm without a Firearm Owner’s Identification, or FOID card.

The charge was filed after her husband had called the White County Sheriff’s Office to report that she had fired a gun in their home. When officers arrived, they found a rifle beside her bed but no evidence that she had fired it.

Nonetheless, she was charged with the crime. But a circuit judge in White County threw out the charge, saying the Illinois law requiring potential gun owners to fill out a form, provide a picture ID, undergo a background check and pay a $10 fee to obtain a FOID card was unconstitutional, at least as it applied to Brown. The judge said it imposed a burden on Brown’s Second Amendment right to keep a firearm in her own home for self-defense.

The FOID system was recently reformed to make it easier to use and more intrusive. As of January of 2024, all private sales will be required to go through an FFL or use the FOID and provide a record to an FFL. 

The signing of HB 562 seems to have seriously reduced the number of NICS checks done in Illinois, but it does nothing about the constitutionality of the FOID system.

The decision of the Illinois Supreme Court should be known in a few months. 

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Thursday, March 24, 2022

IN: Governor Holcomb signs Constitutional Carry Bill, IN is 24th Member of Club.

Indiana Capitol

On Monday, March 21, 2022, at about 3 p.m., Indiana Governor Holcomb signed the Constitutional Carry bill, HEA 1296 into law. From Fox59.com:

INDIANAPOLIS — Indiana Governor Eric Holcomb has signed House Bill 1296 into law which repeals the law that requires a person to obtain a license to carry a handgun in Indiana. The governor also vetoed a bill that would have barred transgender girls from playing girls’ sports.

 The law will go into effect on July 1, 2022.

Indiana Second Amendment activists have been working hard to have a Constitutional Carry bill passed. This year, they overcame several hurdles put in place by Republicans hostile to the bill. The bill was eventually passed by the legislature, using parliamentary procedures to bypass a hostile committee chief. 

The bill passed with substantial majorities in the House and the Senate.  In the House the vote was 68 to 30. In the Senate, the vote was 30 to 20. 

Police opinion on the bill was divided. Governor Holcomb's appointed State Police Chief testified against the bill, alienating many when he said everyone needed to be proved innocent. 

It was rumored Governor Holcomb had worked to have the bill killed in the legislature, so he would not have to face the decision to sign  or veto the bill, or allow it to become law without his signature.

With a strong support for the bill in both the House and the Senate, a veto by Governor Holcomb would be difficult to sustain. Indiana's Constitution make overriding a veto easy. Only a majority of each house is needed, and the veto may be over ridden in the next legislative session.

Governor Holcomb  waited to sign the bill until the day before it would go into effect without his signature. 

Lobbying was heavy for and against the bill. At Indianagunowners.org, it was repeatedly reported the phone lines to comment on the bill to the governor were busy and referred to voice mail. 

Indiana's law to restore the right to bear arms without applying to the government for permission makes the state the 24th state with Constituitional Carry, (permitless carry). Those members of the Constitutional Carry club are now: 

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

Both Georgia and Nebraska are in the running for the next state to restore Constitutional Carry. It is difficult to know which might sign a law into effect first.

With Alabama, Ohio, and now Indiana joining the Constitutional Carry club this year, about 62% of the land area of the United States of America is controlled by jurisdictions which have Constitutional or Permitless carry. 

A wave of Constitutional Carry legislation has been sweeping the country. It is likely  half the states will have restored Constitutional Carry by the time the Supreme Court writes the decision in the New York Rifle & Pistol Association NYR&PA v Bruen case. The case is about the right to bear arms outside the home. A decision on the case is expected to be rendered at the end of the current court session in June of 2022.

Supreme Court justices read the news. They probably have a continuous, active search for news articles about current issues.

Several states restoring Constitutional Carry may help the justices in their decision making process on the Second Amendment case.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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FL: No Charges for Rideshare Driver who Wounded Aggressive Passenger

Detectives said the rideshare driver told them she fired her gun at Daniel Pacheco, 27, after he charged towards her when she kicked him out of the car.

The woman said she had witnessed Pacheco hit his girlfriend prior to them entering her vehicle, and he once again hit her inside the car. Investigators said the driver was also hit by Pacheco inside the vehicle.

More Here

WA: Employee who Shot Kidnapper and Would be Robber Called Hero

“One of our employees was on break in his car. He exited his car and was walking back toward the store. A gentleman came up behind him out of the dark, grabbed him in a headlock and put a gun to his head and started walking him down here to the front door,” said Ryan Evans with Euphorium. “Our ID checker confirmed that with him. He said 'yes, are you serious, you are robbing us right now? This is a robbery.' He put his attention to our security guard. And our ID checker drew his gun and fired.”

 

More Here

IA: Bondurant Homeowner Shoots, may have Wounded, Intruder

Polk County deputies say they are trying to track down a burglar who broke into a home.

It happened near Bondurant around 5 p.m. Monday. The sheriff's office says the homeowner called authorities about a home invasion before firing shots at the intruder.

More Here

Wednesday, March 23, 2022

Nebraska State Senator Claims Second Amendment "Given" by Misogynistic Slave Owners, not God

From wikipedia.com, a campaign event. Megan Hunt is the Senator of District 8 in Nebraska. District 8 is a tight urban district near the center of Omaha.

In this Humanist article about Megan Hunt. Hunt is described as an openly bi-sexual, atheist, Progressive.  She was born in 1986, so she is 35 years old.  Hunt recently gained notoriety for this tweet. From Twitter.com:

Owning a gun isn’t a "God-given right." It’s a slave-owning, misogynistic founding father-given right. I’m not against 2a, but be real - the Constitution was written by people! Today I’m filibustering a bill that would allow concealed carry without training or a permit. #NELeg
It is hard to see how filibusering a bill which restores Second Amendment rights to Nebraska can be "not against 2a", but Progressives are famous for changing the definition of words to make their arguments seem logical. 
 
Senator Megan Hunt illustrates a profoundly different world view, with profoundly different assumptions about the nature of reality, than the majority of Americans. 
 
Furthermore, she inserts a strawman argument;
 
 "The Constitution was written by people!" 
 
As far as this correspondent knows, no one disputes the Constitution was written by people. 
 
Notice Hunt irrationally restricts the Second Amendment as a right to "own a gun". She conveniently eliminates the right to bear arms. 
 
Supreme Court Justice Clarence Thomas has written he doubts the right to bear arms was only meant to apply to the right to carry a rifle from the kitchen to the  bedroom.
 
The philosophical basis for Hunt's argument is pure Progressivism. One of the core beliefs of Progressivism is that Natural Law theory is false. Hunt seems to believe Natural law theory depends on the existence of God. 

There is no doubt a Christian world view was the basis for much of the theory of American governance.
 
However, Natural law does not depend on the existence of a Christian God, or of God in general.
 
It depends on the nature of man and the nature of reality. Progressives do not believe in human nature. One of their core beliefs is that humans can be made to fit whatever niche Progressives create for them.
 
Natural law theory is that humans have rights which governments should respect, because of the existence of human nature.  Those rights consist of free speech, thought, and exchange of ideas, as well as a natural right to property and self defense. In Natural law theory, one's own body is owned by the individual. 
 
Progressives reject Natural law, in large part, because it places limits on what a government may legitimately do.
 
The Second Amendment derives from Natural law theory of the right of self defense, as well as the necessity of restraining the power of government. Part of that restraint is to have countervailing force possessed by the bulk of the people being governed. 
 
It is part of Natural law theory that a constitution and a body of law is a contract between the government and the people being governed. 
 

 
 
Progressives deny the theory of a social contract between the government and the people. Instead,  what a government can do is only limited by the power they have to implement their schemes. 
 
Progressivism has no core principles or permanent objectives. The only core objective appears to be obtaining and holding political power. 
 
 
 
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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IA: Homeowner Defends Family, Shoots Intruder

PERRY, Iowa – A man is in the Dallas County Jail after officials say he tried to break into a rural Perry residence Sunday night and was shot multiple times by the homeowner.

The Dallas County Sheriff’s Office says it happened at a property in the 19000 block of 123rd Place around 10:48 p.m.

More Here

Update of Pistol or Handgun Defenses Against Bears, Combination Defenses


Photo Courtesy Todd Orr, 1 October, 2016, Gallatin National Forest, text by Dean Weingarten

These eleven events of pistols fired in defense against bears, in combination with other items, have been found since the last update in June of 2021.

The increasing number of incidents had made checking all links difficult and awkward.

With this article, and in the future, updates will consist of the newly revealed incidents and any change in statistics. In this article eleven newly revealed cases of combination defenses are added for completeness. In our research of the effectiveness of pistol fired in defense against bears, we include all documented incidents, so readers may evaluate them themselves.

Because these incidents involve more than simply pistols fired in defense against bears, these combination defenses are not included in the statistics of the effectiveness of pistols . There is much valuable information in these accounts. The reader is encouraged to read the incident for themselves, and to extract whatever lessons they deem valuable.

The incidents are listed below in chronological order, earliest to most recent.

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1935 Combination .45-70 and 9mm or .30 Luger pistol on Unuk River Alaska by Jack Johnstone, Originally from the Old Groaner 1953 story, in Bear Tales Book. Page 197 combination re-written in Bear Tales for The Ages.  

The story was written 17 years after the event, by a person who was not there, "Handlogger" Jackson. Jackson was a friend of the Johnstones. He had married their sister, Ruth, in 1927. This incident about Jack Johnstone was not found in the original "Old Groaner" article written in 1936. In Bear Tales for the Ages, the 1953 article was re-written again.  It is included in the interest of completeness. It does not change the statistics. 

Handlogger Jackson writes that Jack Johnstone was armed with a cut-down 45-70 and a Luger pistol. From the book:

One day on Sulfide Creek Bruce and Jack noticed a huge grizzly on the opposite side of the river. Upon seeing the men, the animal instantly charged into the stream, swimming a straight course for them in spite of the power of the water. No man could have accomplished that feat. Jack emptied his rifle into the animal, slowing it, however it reached the bank below them and hoisted itself up, even with a broken back. Jack unholstered his Luger pistol and emptied its full magazine of ammunition into the beast before it slipped into the water with a ferocious growl and the current swept it away.

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Spring, 1974, Washington State, .357 magnum and snare, black bear, From Bears and Flowers, p. 3

This incident is classified as a combination because the black bear was caught in a snare, then dragged the snare a distance. The person doing the snaring as a professional bear hunter, found the snare, slack, and thought the bear had escaped. His daughter, Jacky, was accompanying him. 

The bear was not amused and charged him at close quarters. 

From Bears & Flowers:

 Jacky was standing by my side when I reached down to retrieve the snare cable. The moment I started to lift the cable and put pressure on it, I felt resistance on the other end and heard a loud snort as an enraged bear came tearing out from a dark recess under the log pile. I dropped the cable like it was red hot when the bear rushed at us, all bristled and blowing loudly through its nostrils. Grabbing my .357 magnum revolver I blasted four rounds into him in quick succession while Jacky stood paralyzed in fear of what was happening. 

Even though all the bullets had entered the bear's head, I quickly eviserated him,

Readers can judge for themselves if this  qualifies as a pistol defense against bears. It is not included in the statistics, because the bear was in the snare.

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 October, 1981, Cold Bay Alaska, .44 mag, .375 rifle, .375 pistol, Grizzly bear

Here is the original, first person account in the words of Larry Kelly, from Hunting for Handgunners by Larry Kelly and J.D. Jones, p. 225, 1990. 

At the shot, the brown bear then came full-bore right at us. Bob fired a second shot in the sand in front of him as we backed into the shack. He kept telling me not to shoot.

We backed into the shack and when the bear was in the doorway, head and shoulders inside the shack, I shot. 

Bob was having trouble with his gun and had backed up into the table, knocking everything over. I had backed into the stove, knocking that over. I pointed the .44 at the bear's chest from three feet away and fired. I expected the mighty .44 to blow the bear right out of the doorway, or at least to do a little more than get his attention. He only turned his head and looked directly at me as if the muzzle blast had bothered him. 

Bob fired, then I fired again. The bear turned and I fired two more shots in his shoulder.  Bob fired at his shoulder again. I put my last two in his rear as he turned around and started running. Bob stepped out of the door and fired as the bear went bellowing down the beach. 

My Model 29 was empty and so was Bob's .375 H&H. I ran to my cot and quickly grabbed my T/C .375 JDJ and fired my last shot into the bear. He went down.

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22 September 2005, Cow Call Grizzly Attack,  Crossbow and .44 Magnum, obtained by FOIA, published in AmmoLand.

As the guide was returning to the hunter, he noticed the hunter was watching something. The guide thought it was probably elk. When the guide was about 50 yards from the hunter, the hunter yelled “Look out!” The guide looked and saw movement through the trees. He suspected it was the bull. A different sow grizzly with two large cubs burst into the clearing. The guide attempted to warn the bear off by making himself large, yelling, “Hey Bear, get out of here!” and waving his arms. The bear charged straight at the guide, roaring.

The guide attempted to draw his .44 magnum revolver, but the pistol hung up on the trigger guard. The bear was very close, so the guide dodged behind an eight-inch birch tree, to avoid the bear. The guide estimated he spent 40 seconds dodging the bear around the tree, until the bear grabbed him by the right side, and threw him to the ground.

It is common for time to appear to stretch out when in a life and death situation.

With the guide on the ground, the bear worried him for a short period, then left him and ran at the hunter, who was armed with a crossbow. At ten yards, the hunter shot the bear in the chest with his bow. At the impact of the bolt, the bear stood up, and started back toward the guide, then lay down.

The hunter shouted to the guide, “She’s dead, I’m all right!” The guide got up and asked where the bear went. The hunter said “She is right next to you, about 6-8 feet away.” The guide determined the bear was still breathing, so he shot her in the back of he head with the .44 magnum. Then he looked around to see what was happening with the two large cubs. (estimated two years old) The cubs were not seen.


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14 August 2010, WY: Fish Creek Bear Attack: Savage 99 .308 and Taurus Tracker .41  Obtained by FOIA, published in AmmoLand.

As the two people walked down the road toward the creek, there appeared a slight gap in the trees on their right as they approached the creek. One of them said that “looked like a good place for bears”, just before a grizzly erupted from the woods, coming at them at “90 miles an hour”.

The person in the lead shouldered his Savage 99, chambered in .308, loaded with five rounds of reloads with 150-grain Game King bullets. The bear appeared only 15 feet from them. At 8-10 feet, he fired. The bear stumbled and went down, slightly to his right, at the edge of the road. As the bear started to get up, he fired a second shot and his partner opened up with the .41 magnum. The .41 magnum was loaded with reloads and lead bullets. Both people emptied their firearms at the bear, which managed to crawl a few feet away and collapse next to a pine tree.

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October 19, 2010 .44 Mag and 12 gauge at the north Fork of North Crandal, Park County, Grizzly Bear 
Obtained by FOIA, published in AmmoLand.

This was a combination of a shotgun with buckshot and .44 magnum fired simultaneously, both good hits. The grizzly came up behind a guide dragging an elk quarter. the range was under ten feet for the .44 magnum shot by the guide, and ten yards for the 00 buckshot fired from a shotgun by his companion.

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October  8, 2012 Grizzly bear Pinyon Ridge of Pinedale, WY Combination 6mm and .44 mag. Obtained by Freedom of Information Act (FOIA)

Two wolf hunters walked into timber on a ridge. About 300 to 400 yards in, they saw a grizzly bear above them on the ridge. The bear charged from about 40 yards. Both hunters shot at the bear from about 15 to 20 feet. They shot at the bear twice with 6 mm rifle and three times with .44 mag pistol. Nest day they came back, but could not find the bear. They contacted Wyoming Game and Fish, who investigated and eventually found the dead bear. A letter of declination of prosecution from the United States Attorney's Office was dated December 20, 2012. P. 371 FOIA

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The bowhunter yelled at the bear. Instead of running, the bear dropped to all fours and charged at the hunter.  The bowhunter loosed his shaft at the charging bear, aiming for the chest when the bear had come within 20 yards. The arrow struck the bear in the skull, on the snout. The arrow impact caused the bear to veer to the side, then retreat.

The bowhunter had a defensive firearm holstered, with him, a .40 caliber Taurus 24/7. He dropped the bow and drew the pistol, chambered a round, and fired about five shots at the wounded bear as it fled with a yearling cub of the previous year. The cub was estimated to weigh about 130 – 140 lbs.  The hunter believed he heard bear noises from what was probably a second yearling cub in the brush.

The bowhunter noticed the arrow had been broken off. He estimated the arrow had penetrated about 3 inches.

As the bear charged at him for the second time, the bow hunter fired his .40 caliber Taurus, hitting the bear in the chest with the first shot, at about 20- 25 yards.

This disrupted the charge as the bear spun in reaction to the shot. The hunter fired again as the bear spun. He believing he hit the bear with the second shot.

The bear continued to close the distance, as the bowhunter fired several more rounds, emptying the magazine on the Taurus. He believed he had hit the bear 3-4 more times, with the subsequent shots from 15-20 yards.

When he had emptied the magazine, the bear was still alive but stopped. As he retrieved his bow, to nock another arrow, the bear got up and fled out of sight, over the hill


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September 10, 2015 Pass Creek Grizzly .340 Weatherby Mag and 10mm   30 miles SW of Cody, Wyoming, Page 310 FOIA

Bear had taken a sheep carcass. It charged the guide and hunter from about 10 yds. At 7 yards it was shot with the .340 magnum, then twice more. The hunter shot at the bear four times with the 10 mm Glock. The charge was stopped and the bear rolled down the slope. 

Investigators found pistol brass and bear carcass, which was consistent with the hunters statements. 

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Combination 13 May, 2021, Grizzly .338 ultra mag and .454 Casull Alaska

He found his spot, 470 yards away, totally exposed on an open expanse of snow.

He aimed. Steadied his breath. And shot.

Once, twice and a third time. The .338 ultra mag (a large magnum cartridge good for long-distance shooting) pierced the bear’s lung, the second high left on the animal’s shoulder and the third through the bear’s neck.

He tried to fire again, but his gun had jammed. Oh well, he figured, he’d fired three good shots on the bear.

(snip)

They ducked behind one of the boulders and Schneider pulled out his revolver, which held five .454 Casull rounds. He had five more rounds on his hip. Schneider, trying to stay crouched behind the rock, waited until the bear got closer.

He fired, aiming for the animal’s face, but crouched as he was, he missed. He had four bullets left.

He stood up. Took aim.

“OK, I have four more shots,” he said. “I have to make it count here.

“It’s coming to us mouth open, huffing at a dead sprint.”

His second shot hit the animal in the chest. At 5 yards he shot again, hitting the bear in its front shoulder.

That shot turned the animal, and it angled away from Schneider and his sister. He shot once more, hitting it broadside.

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Spring of 2020, Combination bow and pistol , XDS pistol, .45 ACP Black Bear Youtube

The hunter was archery hunting for black bear. The bear was arrowed, tracked, arrowed again. Then it charged and the hunter dropped his bow, and shot it with his handgun at 7 feet. The bear dropped dead on the hunter's bow at 5 feet.  

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©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

WV: Shooting of Tyrone Raymont Thompson Investigated as Self Defense


Just before 7:30 p.m., police were called to the 100 block of South Huron Street, where they met a person who told police they shot someone.

The victim, Thompson, of Wheeling was taken to Wheeling Hospital by fire department personnel where he later died.

A suspect was initially detained at the scene and has been cooperative with police. Schwertfeger said based on initial evidence, and statements provided, police are currently investigating a self-defense motive. The suspect has not been charged with a crime and was released from police custody Saturday night.

 

More Here

Monday, March 21, 2022

SC: Self Defense Shootng on Pontoon Boat Ruled Justified

According to the sheriff’s office, the shooting was ruled as self-defense.

We previously reported that the shooting happened Tuesday afternoon on Lake Keowee near Fall Creek Landing Number 2.

Once deputies arrived on the scene, they learned a man and a woman on a pontoon boat saw a man and a woman, who had been on a jet ski, in distress in the water. Neither one was wearing a life jacket.

According to the sheriff’s office, the couple drove the pontoon over and got the man and woman out of the water and onto the pontoon boat.

The jet ski was still running and doing circles in the lake.

More Here

Sunday, March 20, 2022

More Fruits of Caetano: Rhode Island Ban on Stun Guns Ruled Unconstitutional

On March 15, 2022, the United States District Court for the District of Rhode Island found the Rhode Island ban on the possession of stun guns was unconstitutional under the Second Amendment. 

The decision is expected. Several other courts have found a complete ban on stun guns to be unconstitutional. The foundational decision was made in the United States Supreme Court in its unanimous decision about a stun gun ban in Massachusetts, Caetano v. Massachusetts.  

In the Rhode Island opinion, written by District Judge William E. Smith, there are several interesting observations. Judge Smith observes it is the burden of the state to prove an item is not in common use, and the item is not used for lawful purposes such as self-defense.

Judge Smith finds, unsurprisingly, stun guns fall within the protection of the Second Amendment. From the decision

 p.18-19

But it is Defendants' burden to demonstrate that stun guns are not used for lawful purposes such as self-defense, and they failed to do so.

 p.21

In sum, Defendants have failed to demonstrate that stun guns are not in common use or not typically possessed for lawful purposes like self-defense.

 p.23 

Accordingly, like the other courts to have addressed this question, this Court finds that stun guns constitute arms within the protection of the Second Amendment.

Judge Smith unsurprisingly cited the Caetano case, and numerous others. This correspondent found it interesting Judge Smith cited the New York court which found, in Maloney, a ban on nunchaku was unconstitutional. 

Judge Smith agreed with Judge Chen in the Maloney case, the burden is with the state to prove a particular type of weapon is *not* protected by the Second Amendment. 

The standard assumption is, if a weapon is a "bearable arm", it is under the protection of the Second Amendment. 

Judge Smith is a lifelong resident of Rhode Island, appointed to the federal District Court in 2002 by George W. Bush. 

Judge Smith lets the public know, citing a reference in footnote 7: he does not agree with the Heller decision.  From the decision, p. 9:

7 This holding is the law of the land and binding on this Court. But as the historian Joseph Ellis describes in the book American Dialogue: The Founders and Us, this conclusion is not historically accurate, nor defensible as an example of Constitutional “originalism.” Joseph Ellis, American Dialogue: The Founders and Us160-70, 2018. Rather, Justice Scalia’s majority opinion is a much better example of judicial activism or “living constitutionalism” in as much as it reflected public sentiment dressed up in “law-office history.”

The opinion of Joseph Ellis is controversial. Many knowledgeable people find precisely the opposite.  It is difficult to see how a "right of the people to keep and bear arms" only applies to government agencies, such as state sponsored militias, even given the maintenance of a militia depends on such a right. 

Joyce Lee Malcolm is a highly acclaimed scholar who devoted a book to the topic. Malcolm shows exactly how and why the right developed as a right of individuals.

Judge Smith does not allow his prejudice about the meaning of the Second Amendment to control his opinion. He follows the law and the precedent of the Supreme Court.  

He makes much of the fact stun guns can be used inside the home, because the Heller decision was about use inside the home. 

The upcoming Supreme Court decision in the New York Rifle & Pistol Association v Bruen case is likely to restore the protection of the Second Amendment to areas outside the home. The opinion is expected to be announced in June of 2022.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TN: No Charges for Store Clerk who shot, Killed, Cornell M. Evans of Memphis

No charges are being placed currently after a deadly shooting of a man by a Clarksville Pike convenience store clerk on Thursday morning as detectives continie to investigate the clerk's claim of self-defense.

The victim was identified as 23-year-old Cornell M. Evans of Memphis, according to Metropolitan Nashville Police Department (MNPD).

More Here

Saturday, March 19, 2022

Known Cases of People using the 10 mm in Defense against Bear Attacks

Grizzly bear downed at 10 feet by Jimmy Cox with a 10mm pistol 

The 10mm pistol caliber is gaining supporters as a suitable pistol caliber for defense against bears.  The caliber has long been known as an excellent pistol hunting cartridge. In this correspondent's study of the use of pistols in defense against bear attacks, eight cases have been discovered where 10 mm pistols were used to defend against bear attacks. Six of those cases were with the 10 mm only. One case was in combination with a .340 Weatherby magnum rifle, and one case was in combination with a .45 ACP pistol

The cases are shown in chronological order.

1. August 18, 2002, Western Talkeettna Mountains, Alaska, 10mm grizzly bear. The information comes from a personal interview with Jake Jefferson.

A problem bear was becoming much too familiar with people and property at the lodge on a lake. Several cabins had been broken into and ransacked for food on the other side of the lake.
 
Professional guide Jake Jefferson had his 10mm pistol. It had been built by his brother on a six inch longside 1911 frame, with an eight shot magazine.  
Jack attempted to haze the bear away from the lodge.  He fired six shots near the bear, which indifferently moved a little way away. It came back quickly and tore up a bunch of empty coolers.  The bear moved out of his sight.
Jake looked for another firearm, but did not find any close to hand.  
Jake heard "hey bear" from the other side of the lodge.

As he came around the corner, the grizzly was quartering toward him at 10-15 yards. He only had two shots left. He fired one into the back pair of ribs, which later was found to have missed the chest cavity, and traveled through the abdominal cavity to the inside of the hide on the other side.  
The bear immediately ran off. It was nearly 11 p.m. with a fair amount of light, but getting darker. Jake decided to wait for morning to track the bear.   
Next morning, Jake found a very sick bear on top of a beaver food pile, in the lake, with only its head above water.  Jake used a rifle to finish off the bear. The boar squared at 7 1/2 feet.  
Jake had a hunting tag for the bear. In Alaska, it was officially listed as a hunting kill, not a defense of life and property.
2. September 10, 2015 Pass Creek Grizzly .340 Weatherby Mag and 10mm   30 miles SW of Cody, Wyoming, Freedom of Information Act (FOIA) reply to AmmoLand, Page 310

Bear had taken a sheep carcass. It charged the guide and hunter from about 10 yds. At 7 yards it was shot with the .340 magnum, then twice more. The hunter shot at the bear four times with the 10 mm Glock. The charge was stopped and the bear rolled down the slope. 

Investigators found pistol brass and bear carcass, which was consistent with the hunters statements.

3. May 16, 2016 10mm  Black Mountain in Wyoming East Fork WHMA Grizzly FOIA page 426.

On May 16, 2016, a man was looking for shed antlers on Black Mountain in the Wyoming East Fork Wildlife Habitat Management Area. A sow grizzly with two cubs of the year charged him. He fired several warning shots at the sows feet, but the bear kept coming. He shot seven or eight times, and emptied  his pistol, as the bear rolled past him and hit a tree. He left the area. The grizzly bear was never found. Rain had washed away the evidence. No blood or hair found.

4. 29 July, 2016, Alaska: Kim Woodman Kills Charging Grizzly with 10 mm

On 29 July, 2016, about 4 p.m. Kim Woodman was attacked by a sow brown bear at Humpy Creek.

Kim had a Glock model 20 10 mm pistol with him. He was able to stop the attack by shooting the bear as it charged at him. While backing away from the charging bear, Kim tripped and fell backward. He instinctively attempted to fend off the bear with his foot, while he concentrated on firing the shots that saved his life. The last shot was just short of contact. It probably hit the bear in the chest, but also took off the tip of one of Kim's toes.

5. 25 July, 2018, New Mexico: Man stops New Mexico bear attack with 10mm Glock 20

Bridger Petrini was attacked by a near 400 lb cinnamon black bear. He kills the bear with his Glock 20 10mm during an extended fight. This correspondent interviewed Bridger. He fired about 7 or 8 shots from his Glock model 20, while the bear attacked him, clearing one malfunction during the battle, as he and bear rolled down a steep slope. He spent considerable time in the hospital, but he survived.  The case is detailed at the link.

6. 18 September, 2018 Alaska, 10mm Grizzly Bear Pictures Defense on Archery Moose Hunt, Anthony Reyna Relates story, "Jimmy" is the shooter.

At this point we haven’t spotted the moose yet but has seen the crows kick up, and less then a second after that you hear the roar, from our 12 o clock, and boom freaking 7 1/2 foot brown bear yards 10 yds away and full charge, my buddy Jimmy who was leading yells ever so calmly “Oh fuck bear” draws his Glock 20 and without hesitation drives two bullets into the charging boar at roughly 10 feet from him. One to the head, one to the chest “Perfect.” At this point, and it being so fast it’s hard to comprehend what had just happened.

7. 23 September, 2021, Island Park Idaho, Grizzly Bear 10 mm

Then, on 23 September, a sow grizzly, reportedly with cubs in the area, was shot and killed when it attacked archery hunters near Island Park. The hunters deployed both bear spray and a pistol. The incident is still under investigation, but it appears the bear was shot at very close range. It is elk archery season in Idaho. A source inside the investigation informed this correspondent the pistol was a 10mm.  From idaho.gov

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

8. 10mm and .45 ACP pistol September 27, 2021, Grizzly Bear Wyoming Two Oceans Pass. Interview with Tyler, published on AmmoLand. Tyler was using a 10mm Glock 20 with Buffalo Bore cartridges. The son was using a .45 ACP with hollowpoint bullets.

Tyler remembers he and the son shot, and shot, and shot. The pair fired a total of 31 shots.  Numerous hours at the range paid off for the son. He finished one magazine and completed a speed reload while Tyler was still shooting.

There are a few cases where a person being attacked by a bear is able to reload. This is the first one I have encountered where the reload was accomplished while the bear was charging.

As the bear got within 10 feet, its speed had slowed considerably.  Tyler was concentrating on chest shots. Tyler believes he broke one or both shoulders. The bear veered hard right into a tree. Tyler took a step forward and shot the bear in the side of the skull, through the brain, twice.  The Buffalo Bore bullets penetrated through the brain and lodged in the skull on the other side. The distance was five feet. The deadly fight was over.

Pistols are an effective tool to use in defense against bear attacks. The 10 mm is a good choice. It is a powerful round. 10mm pistols are available with magazine capacities of up to 15 rounds. Several manufacturers make 10mm cartridges with deep penetrating bullets designed for hunting large game or defending against bears. The latest update on this correspondent's research shows pistols are an effective defensive tool 97% of the time they are used against bears.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Man shoots, Kills Pit Bull which Attacked his Pet

The man told police that a pit bull ran from a yard in the area and began attacking his dog.  He reportedly attempted to separate the two animals, but when he couldn't, he pulled out his pistol and shot and killed the pit bull.

No charges are expected to be charged against the man who fired the shot.  The investigation is still ongoing by Ashland Police and charges are expected to be filed against the owner of the pit bull.

The owner of the small dog took it to the veterinarian, but the dog had to be put to sleep due to its injuries suffered in the attack.


More Here

TX: Houston Homeowner Shoots, Kills Intruder who attempted to Stab him

The owner said there had been a lot of attempted break-ins, so he told police he was out checking around his property.

Police said the owner was unable to get in through the side door and quickly realized someone was inside his home. That's when he said he came face-to-face with a man with a knife. He told police he tried to back away from the man, but the suspect kept following him trying to stab him.

The homeowner fired a single shot hitting the man.


More Here

Friday, March 18, 2022

Nebraska Legislature and Fillibuster of Constitutional Carry



Nebraska Constitutional Carry (permitless carry) is advancing in the Nebraska Senate. On  March 11, 2022, the Senate (Nebraska is the only state with a unicameral legislature) voted for Cloture on LB 773. Cloture votes in Nebraska are required after 8 hours of debate in this stage of the legislative process, which is designated a General File.

The General File vote is considered the most difficult hurdle for a bill to overcome on the way to becoming a law in Nebraska. The cloture vote  needed 33 votes, or two thirds of the senate, to proceed. There are 49 senators in the Nebraska Senate. From Omaha.com:

Nebraska law allows people to carry visible weapons in the Capitol, as Schroder did, although they cannot be taken into the legislative chamber. Concealed weapons are barred from the building.

Lawmakers adjourned without reaching a vote on LB 773, as opponents mounted a filibuster. A motion to cut off the filibuster is expected Friday morning, after about two more hours of debate. The motion needs 33 votes to succeed.

Senator Tom Brewer has been the moving force behind Constitutional Carry in the Nebraska legislature. It has been a top priority for him for the last six years.

LB received 33 yes votes, then three votes were changed from no to yes, to make it 36 total yes votes.

This correspondent talked to Senator Brewer a couple of years ago. Senator Brewer opined he had the votes to pass Constitutional Carry, if he could get the bill to a floor vote. The vote on March 11 showed that Senator Brewer (R - 43)  is able to count votes. It is an important skill for a legislator.

Tony Baker, of Senator Tom Brewers office, was willing to spend some time on the telephone and answer questions.

The three senators who changed votes after it was clear LB 733 had passed the General File vote were:

Senator Carol Blood of District 3

Senator Jen Day of District 49.

Senator John McCollister of District 20

All three senators are reputed to be left of center.  Senators in Nebraska do not have an official party designation. Senators Blood and Day are said to be flavored Democrat, while Senator McCollister is said to be flavored Republican. 32 of the Nebraska senators are said to be flavored Republican.

The Nebraska legislature has a unique filibuster system, which makes it as difficult to enact a bill as in a two chamber legislature.

First, a bill has to get through the General File, with a limit of 8 hours of debate before a closure vote. A two thirds super-majority is required, giving a determined minority of one third a veto on any legislation.

After the General File vote, a Select File vote is scheduled, with a limit of 4 hours of debate before the closure vote, which also requires a two thirds super-majority vote.

Then a Final Reading is scheduled, with a limit of 2 hours of debate before the closure vote, which also requires a two thirds super-majority vote to pass.

Effectively, determined opponents of a bill have three different opportunities to find more than one third of senators, to kill a bill. In Nebraska, this is 17 Senators.

Tony Baker said three groups are necessary to move a bill such as Constitutional Carry through the Nebraska legislature. The three groups are: Senators, the people (thousands called in, emailed, wrote cards), and the legal council. Baker said  Dick Clark, legal counsel to Senator Brewer, is the best Constitutional lawyer in central USA.

Baker said the thousands of Nebraska citizens who supported the bill were absolutely essential to move the bill this far.

He singled out the Nebraska Firearms Association as being particularly helpful.

The passage of Constitutional Carry bill LB 773 through the General File means final passage is likely, legislative approval will not be complete until the Final Reading vote is taken.

If the bill passes the Senate, it will be sent to the governor for approval. The Governor has five days (not counting Sundays) to sign or veto a bill. If he does nothing, the bill becomes law.

The Senate can override a veto with a three fifths vote, which in Nebraska, is 30 senators.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


PA: Shooting of Peter Bernardo Spencer ruled to be Justified Self Defense

FRANKLIN, Pa. — The fatal shooting of a Jamaican immigrant last year in rural Pennsylvania, whose killing was described by his family as a "modern-day lynching," was ruled a justifiable homicide Tuesday and no charges will be filed against the shooter.

Authorities investigating the fatal shooting of Peter Bernardo Spencer, 29, at a rural camp on the early morning of Dec. 12 said an armed confrontation between two friends led to the firing of multiple bullets that killed Spencer.

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AL: Followup, Murder Charge Dismissed against Mercutio Southhall for Shooting of Arthur Hudson

The murder charge against a well-known Birmingham activist in the 2019 shooting death of a man at his family’s home has been dismissed under Alabama’s Stand Your Ground law.

Mercutio Southall, one of the initial leaders in the city’s Black Lives Matter movement, was initially charged with manslaughter in the June 4, 2019, slaying of 54-year-old Arthur Douglas Hudson. A grand jury in 2020 indicted the 37-year-old Southall on murder

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