Kamala Harris Proposed Gun and Supreme Court Policies as of September 10, 2024

On September 9, 2024, the Kamala Harris campaign released a sparse set of policies less than two days before the presidential debate.The debate was held on September 10, with former President and leading presidential candidate Donald Trump. The posting of policy positions came after criticism about lack of policy specifics, according to the British left wing paper, The Guardian. During the debate, Candidate Kamala Harris claimed she was a gun owner, and she would never take anyone's guns.  However, in her campaign policy statement, Candidate Harris says she will ban "assault weapons". While "assault weapons" is a muddled political, almolst Orwellian term, it essentially includes some of the most popular semi-automatic rifles.

Here are the specific policies which impact rights protected by the Second Amendment and attempts of the Democratic party to exert control over the Supreme Court. The policy positions are sparse. Here are the official quotes. From kamalaharris.com:

President Biden and Vice President Harris encouraged bipartisan cooperation to pass the first major gun safety law in nearly 30 years, which included record funding to hire and train over 14,000 mental health professionals for our schools. As head of the first-ever White House Office of Gun Violence Prevention, she spearheaded policies to expand background checks and close the gun show loophole.

Both "gun violence" and "gun show loophole" are Orwellian terms meant to deceive and promote a desired outcome. They have little to do with reality. "Gun violence" is defined to include suicides, homicides, and accidents, all of which have different causes and strategies of prevention. The term "gun violence" ties these different situations, some of which are committed with guns, into a whole to shape the narrative that guns are a cause, not a means. Fatal accidents with guns have been reduced 94% as the number of guns in the USA per capita has risen by 4,300 percent.  As the number of guns per person in the USA increased by 4.3, the rate of fatal accidents with guns has declined from 1.84 per 100K population to .15 per 100K population.

Most people who are killed with guns deliberately kill themselves. They commit suicide. Guns are a means, not a cause of suicide. Place draconian restrictions on gun ownership, the suicide rate does not change. People who want to kill themselves shift to other methods.

Homicides are another means v. cause situation. The rate of homicide in the USA is not linked to the rate of gun ownership. Gun ownership has steadily increased in the USA while homicide rates have risen and fallen. The Harris campaign has claimed the homicide rate is historically low. They fail to mention the rate of gun ownership is historically high. Gun ownership does not cause homicides. To think it does requires ignoring the data collected over the last 60 years.

There is no "gun show loophole". Guns sold at gun shows are subject to the same restrictions as guns sold at other places. The desire is to create a database of guns and gun owners in the United States. Otherwise there would not be a requirement to record owner information, descriptions and serial numbers of guns when they are sold. Elimination of the "gun show loophole" is code for gun registration to facilitate gun confiscation, gradually, or all at once, sometime in the future.

The Kamala campaign promises to directly violate the Second Amendment. From the campaign.

 She’ll ban assault weapons and high-capacity magazines, require universal background checks, and support red flag laws that keep guns out of the hands of dangerous people.

Banning "assault weapons" means banning semi-automatic rifles. These are some of the most commonly owned guns in the USA, associated with the lowest numbers of homicides. Banning "high-capacity" magazines means banning some of the most common parts of guns in the USA, numbering in the hundreds of millions. This is directly opposite of what the Supreme Court has ruled about the Second Amendment.

Using means-ends argument is not allowed in cases involving fundamental rights. If they were, the First, Fourth, and Fifth amendment would have no meaning.  "Universal background checks" has been covered. It is code for universal gun registration. "Red flag laws" are a way to confiscate guns without due process. Every state has a process to lock up dangerous people. The process has been in place for 50 years, and it has many due process protections for the person who is being accused of being a danger to themselves and others. Red flag laws, instead, focus on disarming people without due process, not on whether a person is dangerous or not.

Candidate Kamala Harris can only accomplish the above policies if she eviscerates the Supreme Court. She has plans to do so. From the Harris campaign:

She will also support common-sense Supreme Court reforms—like requiring Justices to comply with ethics rules that other federal judges are bound by and imposing term limits—to address the crisis of confidence facing the Supreme Court.

Term limits on Supreme Court justices are directly forbidden by the Constitution. "Ethics rules" imposed by the legislature and the executive branch directly violate the Constitutional structure of the Supreme Court as independent of the Congress and the Presidency.  Neither the Congress nor the executive branch are allowed such power in the Constitution. Congress has power over the inferior courts by the Constitution, but not over the Supreme Court.

The Harris campaign gun and Supreme Court policies are a direct assault on the Constitution and the rule of law.  This has been the policy of the far left for decades. The "Progressives" in power loved the Supreme Court when it acted as a super legislature to implement their policies. When it acts as an independent judiciary, uphold the limits on governmental power put in place by the Constitution, they hate it and work to destroy its independence.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

NM: Hobbs Homeowners fire shot through Bedroom Door, Kill Intruder

Upon arrival, it was discovered that 38-year-old Curtis Thames, of Hobbs, had allegedly broken into a nearby residence. The owners of the residence barricaded themselves with a firearm in a bedroom inside the home.

Sometime during the incident, the homeowners fired a shot through the bedroom door, hitting Thames. Thames was transported to a local hospital, where he later died from his injuries.

 

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TX: San Antonio Homeowner Shoots, wounds Intruder

When officers arrived, they found a homeowner who told them that he had shot at a suspected home burglar, a preliminary police report said.

Officers searched the area for the man but couldn’t find him.

Police later eceived a call from a man nearby in a detached garage in the 1400 block of Vanderbilt Street. He told officers that he was shot on Hicks Avenue.

The suspect would be taken into custody and transported to a hospital for his apparent gunshot wounds.

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MA: Anti-Israeli Protestor who Attacked Pro-Israel Protestor Shot during Altercation

A pro-Israel demonstrator accused of shooting and wounding a man who tackled him in a Boston-area city was arraigned in court Friday, and the injured man could also be charged, authorities said.

Scott Hayes, 47, from Framingham, was arrested and accused of shooting the man who allegedly tackled him. He was arraigned Friday on a count of assault and battery with a dangerous weapon, Newton police and the district attorney's office said.

The person who allegedly tackled him, identified as a 31-year-old Newton man, is now expected to survive his injuries and police have applied for a criminal complaint against him for assault and battery, they said.

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TN: Road Rage Becomes Gunfight

MNPD detectives learned that two men, one in the car and another in a truck, had become entangled in a road rage situation earlier. The man driving the car fired a shot at the truck, which went through the door and grazed the man across his stomach, according to MNPD. The injured man then returned fire and drove down Central Pike after him, resulting in the crash.

MNPD said the driver of the car jumped out and ran after the crash and remains on the run. No charges are expected against the driver of the truck.

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NICS Numbers and Firearm Sales up August, 2024

 

After the unsuccessful assassination attempt on former President and current presidential front runner, Donald Trump, in July of 2024, both firearm sales and National Instant background Check System (NICS) checks have increased for August. The absolute NICS check numbers increased by 5 percent. The estimated increase in firearm sales was 9 percent. Both numbers are the fifth highest year for August as shown in the NICS records. July  2024 saw an increase in gun sales  of 5% over 2023. August has nearly doubled that increase.

Gun sales are estimated because the NICS numbers contain back ground checks for other things than gun sales, particularly for firearms permits and permit renewals. More than one firearm can be purchased with one NICS check. In 25 states, some firearms permits allow for multiple firearms purchases using the permit instead of separate NICS checks. Private sales, conducted between private parties without government interference, are not included in the statistics.

In August of 2024, handguns sales were up about 6%, Long gun sales were up by 14%, other guns (mostly finished receivers) were up by 2% and multiple gun sales were up by 9%.

 

 

As seen in the chart showing the sales of various types of firearms, August 2024 stands out as being significantly higher than August of 2023. With one third of the year to go, including November and December, which are months with traditionally high gun sales, 2024 may well exceed the number of firearms sold in the NICS system in 2023. Domestic turmoil is high. The dividing line appears to be between those who believe what the old media and the current administration tell them, and those who do not. There appears to be the greatest differentiation between the political parties since the presidential election of Republican  Nixon and Democratic  George McGovern in 1972.

The world is experiencing a significant upsurge in chaos, as those who dislike the United States as a world power push to overthrow pax americana.  With an increase in chaos, trade and travel become less safe and more expensive.

International chaos incentivizes people to become more self reliant in the United States, as the bias toward normality "It could never happen here" becomes more and more problematic.

A contributor to maintaining or increasing high firearm sales, is the historically low prices for very capable firearms. Plum Crazy AR15 style rifles are advertised at $350.  Bear Creek Arsenal AR15 style rifles are available at $429.  On sale, a Plumb Crazy complete lower and a Bear Creek complete upper can be had, including tax and shipping, for under $300! These prices do not include sights. Very good utility rimfire and centerfire handguns are available for under $300, even under $200 at the best sales.

Court decisions may play a role. North Carolina gun law reform has resulted in a surge in handgun sales in that state. The requirement for shall issue carry permit laws, in those states still defying the Supreme Court, is likely increasing handgun sales.

Together, all of the effects have resulted in over five years, now 61 months, where more than a million firearms have been sold each month. The total for those 61 months is over 87 million firearms, or 17% of firearms sold in the United States since 1900.

More people, less expensive guns, restoration of Second Amendment rights, political and international insecurity,  all combine to create high firearm sales and a well armed American citizenry.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

WV: Son Shoots, Kills Intruder who was found in the Garage of Mother's Vacant Home

The deputies performed life saving measures before EMS arrived but shortly after their arrival Boone was pronounced dead. Investigators, Funk, Jenkins, and Giangola IV from the Berkeley County Sheriff’s Department Criminal Investigators were called to the scene and the investigation is currently still ongoing.

Marshall told investigators that he had previously reported a break in on Aug. 27, and shortly after that report he installed motion sensors. And this morning he was alerted to motion coming from the residence. When Marshall arrived, he found Boone in the garage. Marshall stated that Boone turned toward him with something in his hand, and that is when Marshall fired his handgun hitting Boone.

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Federal Court Strikes Down Illinois Ban on Right to Carry Weapons on Public Transport

Chicago Public Transport Bus, public domain

On August 30, 2024, Judge Iain D. Johnston of the United States District Court for the Northern District of Illinois issued an order and opinion showing the ban on carrying concealed weapons on public transportation is unconstitutional. The ban is "as applied". It is only applicable to the individuals before the court in this case. The Chicago Transit Authority is commonly referred to as the CTA.  From the opinion and order:

After an exhaustive review of the parties’ filings and the historical record,as required by Supreme Court precedent, the Court finds that Defendants failed to meet their burden to show an American tradition of firearm regulation at the time of the Founding that would allow Illinois to prohibit Plaintiffs—who hold concealed-carry permits—from carrying concealed handguns for self-defense onto the CTA and Metra.4 For the following reasons, Ms. Foxx’s motion is denied, State Defendants’ motion is denied, and Plaintiffs’ motion is granted in part.

The Illinois  shall issue law prohibits people with legal permits from carrying concealed handguns on all public transportation. From the act a:(8):

 (8) Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds.

The government defendants put forward some worn and inappropriate arguments. They are trying to keep infringements on the people's right to be armed in case of confrontation, a right protected by the Second Amendment. The defendants tried to argue the government is the property owner, so they can exclude anyone they want to. The judge did not treat it as a serious argument. From page 15 of the order and opinion:

 Ms. Foxx’s position—that government’s powers over public property are equivalent to those of private owners of property—is untenable, and was rejected by the Supreme Court long ago.17 The cited cases don’t treat government ownership of prop-erty as a trump to the protection ordinarily due to an individual right. Although the government sometimes has greater power to regulate public property compared to elsewhere, otherwise protected conduct doesn’t become categorically unprotected.

The government defendants tried to claim the law was not unconstituional under an "intermediate-scrutiny test".  Bruen categorically banned intermediate scrutiny tests for rights protected by the Second Amendment.  From page 20 of the order and opinion:

But the intermediate scrutiny standard applied to content-neutral “time, place, or manner” restrictions is what Bruen unambiguously rejected See, 597 U.S. at 22-24 (“Not only did Heller decline to engage in means-end scrutiny generally, but it also specifically ruled out the intermediate-scrutiny test that respondents and the United States now urge us to adopt.”) Ms. Foxx’s attempt to apply intermediate scrutiny by treating the Firearm Concealed Carry Act’s ban as a “time, place, or manner” restriction cannot succeed.

Judge Johnston is not impressed with Ms. Foxx attempt to use a truncated dictionary definition. Foxx claimed "infringed" only means "to destroy".  From page 25 of the order and opinion:

State Defendants appear to concede this point, but Ms. Foxx disagrees. She first argues that the Firearm Concealed Carry Act’s ban doesn’t “infringe” on Plaintiffs’ right to keep and bear arms, and so their proposed conduct and its violation of the ban don’t fall under the Second Amendment’s protection. She compares the definitions of “infringe” and “abridge” (from the First Amendment), relying on dictionary definitions from 1755 and 1773 to argue that “infringe” must denote a total destruction of a right—more than a mere “abridgement.” But both of these words have multiple definitions, and Ms. Foxx cherry-picks the definitions to suit her argument. In particular, the second definition for “infringe” reads in full: “To destroy; to hinder.”Infringe, v.a. (1773), Samuel Johnson’s Dictionary Online, https://johnsonsdictionaryonline.com/views/search.php?term=infringe (last visited Aug. 30, 2024). But she omits “to hinder”—which wouldn’t require completely obstructing the right—without any explanation.

Judge Johnston made an obvious, but astute observation about the purpose of the Statute of Northampton, an English law from 1328, nearly seven centuries ago. From page 31 of the order and opinion bold added:

Plaintiffs wish to carry concealed arms in self-defense, so the Firearm Concealed Carry Act’s ban burdens Plaintiffs’ Second Amendment right for a wholly different reason than the Statute of Northampton and similar state statutes did. The why is different. A concealed arm doesn’t terrorize; it’s concealed.

This correspondent does not agree with all of Judge Johnston's reasoning. The following argument is inconsequential, because the plaintiffs do not bear the burden of proof.  If the modern law addresses a "risk" which was not addressed in the historical record, then no historical analogy exists.  Judge Johnston makes a differentiation, based on the government's motivation, which is mentioned in Bruen. From page 45 of the order and opinion:

The source of danger (i.e., the societal problem) that the modern law addresses is the risk posed by the person with the firearm. By contrast, the lack of firearm restrictions for stage-coaches and ferries (and, indeed, sometimes the explicit permission to carry firearms) was tied to a different societal problem: dangers from the outside, such as wildlife.

It is difficult to see how the risks of riding in public transport are not similar, instead of wildly different. Terrorists are the threat from people outside the polity today; there was potential threat from inside a vehicle then. The difference does not appear to be supported by legislative history.

Analysis: This order and opinion is likely to be cited in several other cases. There has been a challenge in the District of Columbia to its ban on carry in public transport. There is the ongoing attempt to reform the ban on carry on public transport in Missouri.

Judge Johnston's careful opinion and analysis gets almost everything right. While this is an "as applied" case, the arguements and evidence is valid to strike down nearly all of the statute.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

OR: Baker City Woman fires two Shots to Drive off Intruder

A Baker City woman fired two shots from a .22 caliber revolver early Wednesday, Sept. 11, after a man had entered her home around 4:30 a.m. and then walked away after she tried to detain him until police arrived.

A Baker City Police officer arrested Brandon Douglas Culbertson, 36, at the Maverik store at 1520 Campbell St. at about 7 a.m. Wednesday.

Culbertson was taken to the Baker County Jail, charged with first-degree criminal trespassing and failing to report as a sex offender. His bail was set at $5,000.

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SC: Family Fight leads to Death

According to a report from the scene, two family members, Salomon Aranda, 71, and Raven Todd, 23, got into an altercation. During the fight, deputies said Aranda struck Todd in the head with an object and continued to assault Todd, causing injuries. Todd fired an handgun to stop the assault, striking Aranda. Aranda died from the gunshot wound.

No charges have yet been filed. The Clarendon County Sheriff's Office continues to investigate the incident.

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AZ: Phoenix Man Wounded in Gunfight during Robbery

The incident happened on Sept. 8 near 28th Drive and Cactus Road.

Phoenix Police say officers responded to the area following reports of a shooting.

When the officers got to the scene, they found a man who had been shot. The man was treated at the scene and taken to a hospital. His current condition is unknown.

"Officers learned that the victim was robbed and shot at as he returned fire," police said. "Two individuals were detained as detective [sic] continue to investigate this incident."

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A tale of Two States: Opposite Court Opinions on Second Amendment and Knives

Flylock switchblade made 1918 to 1929.  3 3/8 inches long, closed. This knife is one of those banned by law in California.

 

The United States District Court for the Southern District of California (August 23, 2024) and the Supreme Judicial Court for the Commonwealth of Massachusetts (August 27, 2024) reached opposite opinions on whether bladed weapons qualify as arms mentioned in the text of the Second Amendment.

The Second Amendment reads: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

In 2008, the Supreme Court examined the the meaning of the words in the amendment. Heller found the meaning of "arms" to be the same at the time of the ratification of the Second Amendment as it is today. From Heller:

 Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 107 (4th ed.) (hereinafter Johnson). Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.”

This is directly from the Heller decision. It is not dicta. It is Justice Anthony Scalia directly explaining what the words in the Second Amendment mean. The Massachusetts Supreme Court quotes Scalia, from the Heller decision, in its opinion about whether knives are "arms" referred to in the text of the Second Amendment. From the case of  Commonwealth v Canjura, published on August 27, 2024:

 The Heller Court provided two Eighteenth Century definitions of the term: "[w]eapons of offence, or armour of defence," as defined in the 1773 edition of Samuel Johnson's dictionary, and "any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another," as defined in Timothy Cunningham's 1771 legal dictionary. Id. The parties do not dispute switchblades fit these dictionary definitions of "arms"; like handguns, a person can carry a switchblade for offensive or defensive purposes in case of confrontation. 

The Massachusetts Supreme court shows, at the time of the ratification of the Second Amendment, folding pocket knives were ubiquitous and commonly carried for a multitude of lawful purposes, including use as a weapon.

The court noted the carry of swords, hatchets and large knives were also common. Those bladed weapons are arms as defined in the text of the Second Amendment. It is absurd to believe handguns are protected by the Second Amendment, but bladed weapons are not.

The United States District Court for the Southern District of California tries to support such an absurdity in its opinion, published on August 23, four days before the Massachusetts opinion. The court ignores the definitions in Heller, ignores the unanimous opinion in Caetano, and ignores the guidance in the Bruen decision by the Supreme Court. The Court accepts a novel theory put forward by the State of California. The theory is composed of several assumptions, not supported by the facts.

• The previous decisions by the Supreme Court only apply to firearms.
• To be included in the text of the Second Amendment, it is the burden of those claiming the arms are inside the definition, to prove the arms are in common use for self defense.
• To be included in the text of the Second Amendment, arms must be proved to *not* be dangerous and unusual.

The District court shifts the burden of proof from what has been decided by the Supreme Court, to a standard where every arm which is not a firearm, must be proven to be in common use for self defense (instead of simply commonly possessed for lawful purposes) and *not* dangerous and unusual.

Every weapon, by definition, can be dangerous, so "dangerous and unusual" becomes simply "unusual". The District Court ignored the unanimous Supreme Court ruling in Caetano, which states the text of the Second Amendment covers all bearable arms, no matter when they were first invented or used. From Caetano:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008) , and that this “ Second Amendment right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010) .

By concluding the only arms within the text of the Second Amendment are those which are proved to be *not unusual*, the court provides a path for most weapons to be banned.  Arms can be divided into an infinite number of categories, with each category in numbers small enough to be argued as "unusual". An example would be a folding knife with a blade over two inches long which can be opened with one hand, where the blade locks in place when open. By including the caveat where an arm must be proved to be commonly used for self defense, the court creates the potential to require some number of actual police reports where a knife was used in self defense.  It could require such confrontations to be officially adjudicated to be defensive to be recognized by the court.  Under such "logic" most bans on arms could be found to be constitutional, an absurd conclusion, obviously desired by the Government of California.

To reach this absurd conclusion, the District Court refused to accept evidence the knives in question “are common numerically, jurisdictionally, and categorically.”  The District Court creates a new standard, where instead of depending on the text of the amendment as defined in Heller, Caetano, and Bruen, the plaintiff contending their conduct is covered by the Second Amendment must prove the arm in question is "in common use for self defense".

The new standard turns the Supreme Court decisions about the Second Amendment on their head.

Analysis:

The different approaches of the two courts show the stark difference between states which are following the Supreme Court guidance on the Second Amendment, and those which are doing everything in their power to defy the Supreme Court. Roughly ten states desperately want to return to those dark days when the Second Amendment was a dead letter in the law. If the Ninth Circuit upholds the theory used in the Southern District of California Court, there will be a jurisdictional split on whether common knives are considered arms within the text of the Second Amendment.

The Massachusetts Supreme Court followed Heller, McDonald, Caetano, and Bruen. The Supreme Court and the historical view of the right to keep and bear arms is prevailing, if slowly. The reluctance of the Ninth Circuit to recognize the Second Amendment as part of the Bill of Rights shows where the Supreme Court is likely to go if Kamala Harris becomes president and the Democratic party is allowed to gain control of the Supreme Court. Methods to do this, including court packing or by imposing unconstitutional restrictions on the court are being actively proposed by the Biden administration and prominent members of the Democratic Party.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Escambia County Armed Woman Shoots, Wounds Armed Robber

ESCAMBIA COUNTY, Fla. (WKRG) — One man was arrested and another man has an active warrant for his arrest after an attempted robbery and shooting, according to the Escambia County Sheriff’s Office.

An ECSO Facebook post said deputies were called to the 400 block of Forest Street on Sept. 8 for a report of a robbery and shots fired call.

Deputies found that the homeowner was cleaning a rental property and two men were helping her when one of the men pulled out a gun and attempted to steal her purse, according to officials. 

The woman was able to get her handgun and fired one shot and the men fled the scene, according to the post.

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Update: Deputy who Shot Florida Airman on Trial for Manslaughter

On May 3, 2024, a Florida Okaloosa County Sheriff Deputy shot and killed Senior Airman Roger Fortson. The deputy, Eddie Duran, was responding to a false, anonymous tip about supposed domestic violence in an apartment complex.

Fortson was playing with his dog and on the phone with his girlfriend. When Roger Fortson realized someone was insistently knocking on the door and demanding entry, he accessed his legally owned pistol, and with the pistol held by his side, pointed at the floor, opened the door.

The deputy immediately shot Fortson several times, then demanded Fortson "drop the gun". Fortson's pistol was already on the floor. Fortson was on the floor, mortally wounded, dying.

After an investigation by the Sheriff's department internal affairs, Fortson was fired. The Sheriff's Office did not file criminal charges, because the incident was being criminally investigated by an independent agency, the Florida Department of Law Enforcement. AmmoLand covered the tragic incident four months ago.

To bring the reporting up to date: Former deputy Eddie Duran has been charged with manslaughter. He has been arrested. He is currently out on a bond of $100,000.

This horrible tragedy underscores how critical it is to be aware and make the right decisions when a person is considering using deadly force. Duran made some very bad decisions. It cost Roger Fortson his life. His family and others near him will live with the pain of his loss for a very long time. His mother made this statement after former deputy Duran was charged. From wfla.com:

“I hope this brings about change and it teaches others that you can’t just kill people,” his mother Chantemekki Fortson said Friday after learning of the charges. “Because he should have waited for back up. And investigated a little more.”

Former deputy, Eddie Duran is also living a nightmare. The event was on video from beginning to the end. All the conversations he had and the information he had were recorded. There is little question about what physically happened in the tragic incident. The questions are all about what happened inside Duran's head. USAToday reports Eddie Duran faces up to 30 years in prison. When advocating for a lower bail amount, Duran's lawyer made this comment, as reported by usatoday.com:

"He has spent his entire life, his entire career, and his military career, trying to save people — help people," Smith said. "He's not a danger to the community."

Analysis:

It is always easy to determine what could have been done better, after the fact. We live in an imperfect world. The videos show Deputy Eddie Duran making serious, fatal mistakes. Manslaughter seems an appropriate charge for the jury to decide on.

As with many tragedies, this one had a cascade of errors leading to the final, fatal, encounter. Deputy Duran was lead to believe the there was a significant history of violence at Duran's apartment. There wasn't any. The initial caller, apparently listening at an air conditioning duct, misinterpreted the interactions of Duran and his dog, on a video call with his girlfriend, as serious domestic violence. There wasn't any. The apartment manager thought she had knowledge of problems at the apartment, although she admitted she was not certain if it was the apartment she sent Deputy Duran to.

These errors compounded and likely created a perception of serious danger to Deputy Duran, where none existed. A jury may hear all of this, the dispatcher tapes, and perhaps, testimony from the person who started it all, who has been identified. Duran has already paid a price, and he will be paying more. He is alive. Roger Fortson is not.

Police work is being inexorably altered as digital recording technology creeps into every aspect of our lives. It makes police more honest. It removes some doubts. But body cameras and security cameras are not the entire truth. They do not convey inner thoughts and emotions, motivations, impressions, and reactions. Some of that will fall to the Florida jury.

This correspondent has no doubt Eddie Duran regrets ever being on that call, every going to that apartment, and most certainly, ever drawing and pulling the trigger on a surprised and innocent Roger Fortson.  Perhaps some good will come of this tragedy. Perhaps some neighbors will not be so quick to suspect evil of their neighbors. Perhaps other police and deputies will be a bit more careful. It is what Roger Fortson's mother hopes for.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Houston Victim Disarms Robbery Suspect, Shoots Same

The sheriff’s office said they talked to a man who told them he was walking through the complex when he was approached by two men. One of the men pulled out a pistol and tried to rob him.

A struggle ensued and the man was able to wrestle the gun away from the alleged robber and shot him.

The suspect died at the scene. The other suspect fled in a silver-colored four-door sedan.

Deputies are working on interviewing potential witnesses and looking for security footage.

Authorities say a fired pistol shell was found in the parking lot, along with a fired rifle shell casing, leading authorities to believe the second suspect may have also had a weapon. The pistol was also recovered.

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Hawaii forced to Honor the Second Amendment with Blades in Parks and on Beaches

Hawaii Firearms Coalition shows off open carry of blades in Hawaii park

On May 14, 2024, Andrew Namiki Roberts, leader of the the Hawaii Firearms Coalition, exercised his rights to openly carry bladed weapons on a beach in Wakiki, Hawaii. Roberts carried a halberd, a highly visible medieval pole arm. It did not evoke much response.  With Robert and associates open carry, Hawaii joined those states where supporters of the Constitution openly and legally carry weapons to show the Second Amendment is not a dead letter in American law. Roberts was able to go about his protest legally, because the legislature had restored the legal right to openly carry bladed weapons the day before, on May 13, 2024.

Hawaii became a U.S. territory in 1898. The islands became a state in 1959.  Hawaii had a long history as a kingdom, where the ownership and carrying of weapons was highly regulated. Hawaii required a permit to carry concealed weapons in 1933.  After statehood, the statute was widened to require a permit to openly carry pistols or revolvers in 1961. Permits to carry have been extremely difficult to obtain. At one point, only one permit had been issued, to anyone who was not a security guard, for several years.

In 1937, the territory of Hawaii passed a law banning the carry of "dangerous weapons," which included any  "dirk, dagger, blackjack, slug shot, billy, metal knuckles, pistol, or other deadly or dangerous weapon". Once a state, the law was challenged numerous times. Firearms were considered dangerous weapons. Dive knives were not; machetes were commonly carried. The courts in Hawaii ruled that the weapon had to be made with the sole intention of being used as a weapon. Most knives could be carried openly or concealed if they were not designed with the primary purpose of being a weapon.

The law was altered on May 13, 2024, to apply only if the dangerous weapons were carried concealed. From hawaiinewsnow.com:

The governor signed HB 2342 into law Monday without fanfare, making it immediately legal to openly carry weapons that were banned in public until now.

Gun rights activist Andrew Namiki Roberts, leader of the Hawaii Firearms Coalition, decided to celebrate in a very visual way, brandishing medieval bladed weapons in a public park.

The change in Hawaii law comes as Hawaii's extreme firearm restrictions are being challenged in court. The firearm laws are some of the most restrictive in the United States. In the Young v Hawaii case, the Ninth Circuit Court of Appeals upheld a ban on open carry, only to be reversed by the Supreme Court. The murder rate in Hawaii is similar to that of Vermont, where the legal right to carry a handgun, openly or concealed, without any permit, has existed for hundreds of years. Until the Supreme Court had vacated the Young v Hawaii case in Hawaii, it was virtually impossible to obtain a carry permit, openly or concealed. From Hawaii Public Radio:

In Hawaiʻi, it has traditionally been practically impossible to obtain police permission to carry a loaded gun in public. And so far that hasn't changed, even after a U.S. Supreme Court ruling making it easier to get such permits. Since the decision in June, only one permit has been granted.

The Hawaii Firearms Coalition (HIFICO) is a Hawaii state activist group fighting to restore Second Amendment rights in Hawaii. The group has supported lawsuits challenging Hawaii weapons laws and procedures. They punch far above their weight.

When the Hawaii legislature changed the law banning the open carry of dangerous weapons, the group organized open carry events to exercise their rights and to demonstrate the silly nature of Hawaii's weapons law. As with other open carry events nationwide, few noticed or cared. Instead of tourists running screaming in panic, the response from locals and tourists alike was mild curiosity. Considering dive knives, machetes, and other items were commonly carried without problems, it became obvious the previous law had been based on false premises.

Open or concealed carry of weapons does not cause problems. Murder and mayhem depend on mental attitudes and cultural values, not weapons. The problems are internal to the perpetrators, not external to weapon systems. Focusing on weapons and not on behaviors is a way to deny responsibility to the individuals involved. Such laws are philosophical statements of false assumptions about reality.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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GA: Off Duty Deputy Shoots Man who was Chasing, Shooting at Newton County Resident

NEWTON COUNTY, Ga. — A man was shot and killed by an off-duty Rockdale County deputy at an apartment complex in Newton County, according to Newton deputies.

The Georgia Bureau of Investigation said 20-year-old Ivan Felton of Covington died from his injuries. The shooting happened at the Salem Glen Apartments.

Newton County deputies said they were sent to the complex on Salem Glen Way around 2:14 p.m. Law enforcement added the man killed was "firing shots in the area when an off-duty Rockdale County deputy returned fire."

Before the off-duty Rockdale deputy shot Felton, the GBI said witnesses saw the 20-year-old shooting at a resident. 

"The off-duty deputy witnessed Felton chasing the resident, and the deputy shot Felton, fatally wounding him," the GBI said. 

TN: Mental Case Shot by Sweetwater Homeowner

At approximately 6:38 p.m., the sheriff’s office said deputies were then dispatched to the home on Brunner Road because of a reported home invasion. The homeowner had been woken up by his dogs barking and lights being on inside of the home. When the homeowner went to investigate, the he found the unknown man and escorted him outside at gun point while waiting for law enforcement to arrive, the sheriff’s office explained.

While they were waiting, MCSO said the man shoved the homeowner down and re-entered the home, locking the homeowner out. Because there were other people in the home who were being placed in danger, the homeowner discharged his firearm, striking the man, the sheriff’s office said. The release continues to say that the man continued through the home before exiting and collapsing in the lawn.

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FL: Domestic Defense? Brother of former Boyfriend Shoots New Boyfriend of former Girlfreind

According to detectives, on September 4, 2024, at approximately 8:37 p.m., deputies responded to 5352 79^th Street North after several 911 callers reported hearing gunshots. When deputies arrived on scene, they located a black Chevrolet pickup truck parked partially on the property and partially in the roadway. Deputies found 39-year-old Matthew Weisner in the driver's seat of the truck, suffering from a gunshot wound to the head. Weisner was transported to the hospital with life-threatening injuries.

Throughout the investigation, detectives learned that Weisner is in a relationship with 38-year-old Amber Souza. Weisner and Souza were at Souza’s residence in Pinellas Park and had been consuming alcohol throughout the evening.  Detectives say Weisner and Souza began arguing and Weisner began contacting Souza’s previous boyfriends out of jealousy. When Weisner called Souza’s ex-boyfriend, 36-year-old Michael McMann, Weisner began yelling at him and threatened him with physical harm with a firearm. Weisner also stated he was driving to Michael’s home. Michael was not at home at the time of the phone calls, however, once Michael arrived home, the shooting had already occurred.

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Ill: Woman Kills Suspect in Home Invasion Gunfight

CHICAGO — A home invasion suspect was shot and killed Wednesday morning on the West Side by a woman.

Officers responded to a home in the 700 block of North Laramie just after 6:40 a.m. on the report of a shooting.

Police believe two suspects forced their way into the home and displayed firearms.

A 23-year-old woman in the home, who has a valid FOID card, produced a firearm and there was an exchange of gunfire.

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PA: Carjacker Shot & Killed

BREAKING: CARJACKER SHOT & KILLED at 2nd & Market Streets in Old City Philadelphia in what @PhillyPolice sources say was an attempted carjacking/robbery.

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WA: Kent Resident Shoots at Burglary Suspect - Wounded man Found by Police

Kent Police are investigating a shooting that occurred during a residential burglary early Tuesday morning, Sept. 3, 2024.

Police said that at around 1:27 a.m., officers were dispatched to a home in the 26600 block of 134th Ave SE (map below) after a 34-year-old homeowner reported shooting at a burglar who had entered his bedroom.

The homeowner, his wife, and their children were inside the residence at the time of the incident.

The homeowner, a 34-year-old Kent man, advised that he had been sleeping in his bedroom with his wife, when an unknown adult male entered his bedroom and turned on the light. The homeowner stated that his children were also in the residence, and he was unable to determine if the suspect was armed, or if he was alone. The suspect fled the room when he noticed the couple, allowing the homeowner to retrieve his gun. He advised responding Officers that he shot at the suspect but was unsure if he had struck him. He stated that he last saw the suspect running out of their backyard. The homeowner has a CPL and was legally in possession of the gun at the time of the shooting.

Officers located items stolen from the home nearby as they searched the area.

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OK: Homeowner, Assulted by five people on his property, Shoots 2

TULSA, Okla. — FOX23 heard from the brother of a man who Tulsa Police said shot two people in self defense, killing one of them.

Tulsa Police said the two people shot were part of a group that went after the man on Tuesday night in a north Tulsa neighborhood near Apache and M.L.K.

The second person shot is in critical condition.

FOX23 spoke with the brother of the shooter who said this has been an ongoing issue with this group that unfortunately escalated.

”I'm sorry for that family, and whatever is going on with them, but I told them not to mess with him. They kept doing so it just escalated from there,” said Anthony Hall, brother of the homeowner.

(snip)

 FOX23 sat down with TPD Capt. Richard Meulenberg on Thursday who explained what went down.

 “About five individuals came on to the homeowner's property and kind of rushed him and pinned him up against his car and started to assault him. With overwhelming odds against him he did pull a pistol out and started firing,” Meulenberg said.

 

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IN: Mentally disturbed Man Points Gun at Homeowner. Homeowner Shoots Him

DAVIESS COUNTY, Ind. (WTHI) - One person is dead after what appeared to be a self-defense shooting in Daviess County.

The Daviess County dispatchers sent deputies to a home on State Road 257, north of the East Fork of the Wabash River bridge.

The caller said a man, later identified as Kevin Wilson, 59, from Washington, pulled into the driveway, armed with a gun, and started arguing with her husband, David Goble.

When Goble said he noticed Wilson was pointing a gun at home, Gobile fired his weapon twice at Wilson. Wilson got back into his vehicle but later died due to his injuries.

 

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AL: Retired Colonel Shoots Illegal Alien who then Shot Him

A 64-year-old retired U.S. Army colonel was shot three times during the purchase of a dump trailer brokered on Facebook Marketplace.

The shooting happened late Sunday afternoon in Cullman County, and the 21-year-old suspect entered the country illegally roughly two years ago, said Cullman County Sheriff Matt Gentry.

“I’m pissed off today,’’ Gentry said during a Wednesday press conference. “I’m pissed off that we’re even having to have this conversation.”

The suspect was identified as Abel Medardo Sacrab-Chen of Guatemala. Sacrab-Chen was shot by the victim during the incident.

Sacrab-Chen is charged with first-degree robbery and certain persons forbidden to possess a firearm. More charges are possible.

 

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MO: Jasper County Sheriff's Office Investigating Gunshot Wound

SARCOXIE, Mo. — The Jasper County Sheriff’s Office is investigating a Sunday afternoon shooting in Sarcoxie.

Around 1:30 yesterday afternoon, Sarcoxie Police and Jasper County Deputies responded to a report about a person with a gunshot wound at a residence on 12th Street.

That’s where they found Bryan Jones, 39, of Sarcoxie suffering from a gunshot wound. Police say he was shot once in the stomach with a handgun. Jones was transported to a local hospital with non-life-threatening injuries.

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GA: Hart County Domestic Defense, Man Shot while Choking Woman

A South Carolina man is issued hefty bond after a domestic situation that led to him getting shot.  According to Chief Investigator with the Hart County Sheriff’s Office, Chris Carroll, on Sunday night around 11:30, deputies responded to a call on Royston Highway 29 near Frank Crook Road.  Upon arrival, officers learned that the man had been shot and a female had been stabbed.  Witnesses stated that the man was attacking the woman, who is his mother of his girlfriend, with a knife cutting her several times.  Another man came to the house and found the suspect outside choking the lady while she screamed for help.  The second man pulled out a gun and shot the first man.  The man who was shot ran into the house where he was found by deputies holding a knife in a back room. 

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Looney Tunes Bans Cartoon Guns, Wounds Fans

Elmer Fudd in A Wild Hare, public domain wikimediacommons

The sources are from four years ago.

Looney Tunes decision to remove guns from the cartoon characters Elmer Fudd and Yosemite Sam is not a bad idea. It is positive in ways which are the opposite of what was intended. In an interview, the new Looney Tunes executive producer, Peter Browngart, makes clear the removal of guns from the cartoons was an ideological decision. From the New York Times:

“We’re not doing guns,” Browngardt said. “But we can do cartoony violence — TNT, the Acme stuff. All that was kind of grandfathered in.”

Yahoo published an article with Michael Ruocco, an animation artist who has been working on the new Looney Tunes. Michael opines about fan complaints on the removal of guns from the iconic characters. From uk.movies.yahoo.com:

Taking to Twitter, Michael Ruocco, who's worked on shows like Bojack Horseman, let fly: “Do you guys SERIOUSLY care whether or not Elmer Fudd has a gun in our shorts? You know how many gags we can do with guns? Fairly few. And the best were already done by the old guys. It's limiting. It was never about the gun, it was about Elmer's flawed, challenged masculinity.

“Also, think about context about what's going on in the world, and how long ago our show started production. Late 2017, early 2018. Right on the heels of a record number of mass shootings, particularly the horrific one in Las Vegas. NOBODY wanted to touch guns working in media.

“I'm not here to put words in other people's mouths or anything, but as someone who worked for 2 years with these characters, I personally did not care or miss Elmer's rifle. We got a lot more out of his personality and his lack of wit than any implement in his hands. Move on.”

Michael reveals the obvious: "NOBODY wanted to touch guns working in the media."   It would be better stated as: People in the old media wants to virtue signal "Guns are bad." There is a significant amount of groupthink, especially in the old, incestuous, top driven, ideologically lockstep media.

The claim is a bit hyperbolic. There have been many violence drenched movies produced with lots of guns used by bad guys. There has been plenty of coverage making mass murderers into anti-heros, which fuels more mass murder as a way to fame. Numerous studies show media contagion (the copycat effect) is a major contributor to mass murder.

The gist of Michael's comments reflect his cultural reality. People in old media are punished if they veer off the narrative of "guns are bad".  The easy fix for Looney Tunes is to remove guns from the series. The backlash is against altering what have become cultural icons.

The decision is ironic. Guns in the hands of Elmer Fudd and Yosemite Sam were early attempts at promoting the "guns are bad" narrative. It was obvious to this correspondent sixty years ago. Elmer was a bumbling fool who never accomplished anything good with his shotgun. Yosemite Sam never hit what he was aiming at, and did nothing but egregious damage with his six shooters. Yosemite was an irresponsible, violence prone idiot.

The cartoon characters were the opposite of the reality this correspondent experienced while growing up in the gun culture in the 1960s. Perhaps that caused most people to laugh at them. Hunters were capable individuals to whom gun safety rules were nearly religious commandments. Good hunters had social status and respect in the community. Handguns were tools used by good guys to protect the innocent, or to humanely dispatch animals. Seeing the idiotic antics of the Looney Tunes characters with guns, the message was as obvious as a punch to the gut: People who have guns are idiots, a variation on the "guns are bad" theme.

The propaganda backfired in the gun culture. The images were outrageously silly. Fudd became a appellation for someone who had little understanding of serious issues, who happened to occasionally hunt.  It is not clear if the images were harmless in the minds of those who had no real world experience with guns or hunting.

Analysis:

The more media depictions veer away from reality, the greater the shock when people experience reality.  Firearms instructors all have stories about the "aha!" moments of students who personally experience firearms after only media depictions.

When your belief structure is based on false assumptions, reality tends to bite. This is happening in the old Media. They are operating in a bubble where their false assumptions about reality and their groupthink are starting to intersect with reality. Their audiences don't want what they are selling. Profits are plummeting. Their preferred solution: Have the government bail them out with subsidies.

One of the most important and misunderstood features of a market based economy is the right to fail. When ventures fail, more competent hands obtain the resources and make adjustments better tuned to reality. Progressive control of the media is failing. Their preferred solution is tyranny. The next election will determine if they succeed.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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UT: Kearns Party Gunfight, Assailaint Shoots, then Flees Return Gunfire

KEARNS, Utah — Police are searching for a shooter after shots were fired at a party Sunday night near the Utah Olympic Oval. One person was injured, police said.

According to Sgt. Aymee Race with the Unified Police Department, two groups at the party got into a heated conversation near a park restroom just before 9 p.m. One person pulled out a gun, she said, and began shooting at the victim, who sustained three minor bullet wounds.

Another person took out a gun and began to return fire, Race said. The initial shooter fled the scene and was last seen near Lodestone Park. The second person who fired shots remained at the scene of the shooting, Race said.

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TX: Houston Suspect Stabs Woman, Husband Shoots Suspect

HPD patrol officers responded to a stabbing call at the above address and found the victim suffering from a stab wound and the suspect with a gunshot wound. Paramedics transported both individuals in stable conditions.

Investigators learned an argument started after the suspect (Strange) was asked to leave the location. Strange then stabbed the victim, a family member, with a kitchen knife and lunged at the victim’s husband with the knife. That male shot Strange once.

Investigators consulted the Harris County District Attorney’s Office and Strange was subsequently charged for his role in this incident.

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MO: Lee's Summit Homeowner Shoots Intruder who Refused to Leave

LEE'S SUMMIT, Mo. —

Two people are in custody after a burglary and shooting inside a Lee's Summit home Saturday morning.

Police were called to a home on Northwest Chipman Road, south of Interstate 470, around 7:30 a.m. for a burglary call.

The homeowner told police that a man broke into the home and refused to leave. The homeowner shot the man. The suspect then got into a car and left the scene.

Officers later stopped the vehicle and took the two people inside it into custody. The suspect was taken to a hospital and is being treated for minor injuries.

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HI: Resident with Handgun stops Mass Killing?

Four people were killed and two others injured in a shooting at a home stemming from a dispute between neighbors on Saturday night in Hawaii, police said.

An argument between neighbors led to a bloody shooting that left four dead and two others critically injured this weekend in Hawaii, police said.

Witnesses reported that a man was using a front-end loader to ram cars into the home where a family gathering was happening, before the man opened fire at people gathered in the carport, fatally shooting three women at the residence in Wainanae, a community about 30 miles (48 kilometers) west of downtown Honolulu, police detective Lt. Deena Thoemmes said.

At some point, a 42-year-old man who lived in the home fatally shot the suspect with a handgun, she said. The resident was arrested on a charge of second-degree murder, she added.

The women who were killed were 34, 36 and 29, Thoemmes said. A 31-year-old man and a 52-year-old woman were taken to the hospital in critical condition, she said.

The suspect, who was not identified, had four 55-gallon drums containing an unknown fuel in the front-end loader, Thoemmes said. Witnesses reported that he fired rounds into them but police have not confirmed that yet.

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SC: Florence County Homeowner Shoots, Kills Suspect (no details)

FLORENCE COUNTY, S.C. (WMBF) - Authorities in the Pee Dee say a suspect was fatally shot by a homeowner Friday afternoon.

The Florence County Sheriff’s Office said the incident happened on Rodman Road, near Lake City.

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MO: Pettis County Homeowner Shoots, Kills, Intruder

The homeowner reported that an unknown individual had forced entry into his residence.

Upon arrival, deputies found that the intruder had been shot by the homeowner and was pronounced dead by medics from the Pettis County Ambulance District.

Authorities are withholding names pending next of kin notification.

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MS: George County Sheriff's Department Investigating Shooting and Wounding at two locations

Simultaneously, the Mobile County Sheriff’s Office reported a separate shooting incident within their jurisdiction, occurring during the same time frame. The suspect involved in the George County shooting also suffered gunshot wounds in the Mobile County incident. Law Enforcement is currently investigating the connection between the two events.

 

The George County Sheriff’s Office is collaborating closely with the Mobile County Sheriff’s Office to piece together the circumstances leading to both shootings. We urge the public to remain calm and patient as the investigation unfolds.

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MD: Restaurant Employee Shoots, Kills Robber who Assaulted Others

On August 29, 2024, at approximately 4:40 pm, officers responded to a shooting at a carryout restaurant in the 5200 block of Marlboro Pike in the unincorporated section of Capitol Heights. Officers located the decedent inside of the business with gunshot wounds. He was pronounced dead on the scene.

The preliminary investigation revealed an employee shot the decedent as the decedent was robbing the restaurant and assaulting employees. The weapon used was recovered on the scene. Detectives are in consultation with the State’s Attorney’s Office regarding this ongoing investigation.

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FL: Sheriff's Department investigating Escambia County Gunfight

Deputies responded to a shots fired call on Ledbetter Lane around 2:30 a.m. after two men began arguing. ECSO spokesperson Morgan Lewis told the News Journal that the argument led the two to fire their guns at each other.

"One was hit in the hand, and one was hit in the foot," Lewis said. "Neither of the injuries were life-threatening."

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