DOJ Files Amicus Brief in Third Circuit - Ban on AR15, Magazines not Allowed by Second Amendment

 

 

 

The Donald Trump administration Department of Justice (DOJ) has filed an amicus brief defending rights protected by the Second Amendment in the consolidated case to be heard in the United States Court of Appeals for the Third Circuit. The case is ASSOCIATION OF NEW JERSEY RIFLE AND PISTOL CLUBS, INC., et al., v.  ATTORNEY GENERAL NEW JERSEY, et al.

This case is one of the best candidates for courts to make clear: bans on semi-automatic rifles and on magazines which hold over ten rounds are not allowed by the Second Amendment.  

The Trump DOJ was not asked to submit this amicus brief. The Trump DOJ took the initiative to defend rights protected by the second Amendment.  From the Brief:

The United States is permitted to file amicus briefs without the consent of the parties or leave from the Court.

The brief focuses on two invalid arguments which states refusing to follow Supreme Court guidance on the Second Amendment are using in an attempt to reverse the impact of the Supreme Court decisions. Some of the inferior Courts (all courts below the Supreme Court are "inferior courts") are saying "arms" are only arms which are commonly used for self defense. The other argument is to limit the definition of "common use" to commonly used in self defense. Both of these arguments are wrong.  From the brief:

This amicus brief addresses two principles of Second Amendment doctrine that have confused other courts. First, the Second Amendment does not secure the right to possess and carry arms only for self-defense or sporting-related purposes, but rather for all “traditionally lawful purposes.” Heller, 554 U.S. at 577. History and tradition confirm that these purposes include the common defense.

Second, the Second Amendment protects arms that are “in common use” among law-abiding citizens for lawful purposes. Id. at 624 (citation omitted). To be sure, some other courts have criticized this common-use test. But the Supreme Court’s cases clearly show that it is the governing test for courts determining which arms the Second Amendment protects. Not only that, but the common-use test has deep roots in both English and American law. The Second Amendment’s irreducible minimum guarantee incorporates both principles: Legislatures may not completely ban arms that are in common use among law-abiding citizens for lawful purposes without running afoul of the Constitution.

The attempt to invalidate the "common defense" purpose of the Second Amendment has been increasingly used since the 1940's. It is exactly opposite of the US v. Miller case, as poorly written as that decision was. The common defense use includes defense against tyranny in government. It strikes at the heart of Progressive ideology, and Leftist ideology altogether. Those ideologies deny the existence of natural rights as given by God. They insist government should not be limited. They see government as god on earth. De-legitimizing power in the hands of the population has been common throughout history. The United States has become the major exception because of the Second Amendment. Much of Western Civilization agreed with the beneficial effect of widespread ownership of arms until after WWI.

The Supreme Court clearly stated all arms which can be carried and used for offense and defense fall within the textual definition of arms in the Second Amendment. Common use means arms which are commonly used for any lawful purpose are protected by the Second Amendment. By clarifying that common defense is one of the lawful uses of arms, the brief makes clear rifles such as the AR15 type, are protected, because they are in common use. The argument applies, with even more force, to magazines which hold over 10 rounds. There are more of them, and they are obviously useful for the common defense.

Analysis: This is a powerful brief in a critical case. No other administration has pushed as hard to restore rights protected by the Second Amendment.  Is the Trump administration perfect? No. It is much better than any other.  Perfection is not an option.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

 

PA: Wayne County - Domestic Defense? Couple's Son Wounds Them, Kills Security Guard

The witness on the scene stated they saw Gartrell’s father running towards their home, asking to call 911, claiming his son shot him and his wife, as stated in the affidavit. Court documents report that additional gunshots were heard, and the witness saw Gartrell shoot at a Hideout Public Safety officer, who is identified as Jose Duran. 

A second witness discovered Gartrell’s mother hiding behind a rock on their property, and she was suffering from gunshot wounds to her shoulder and chest, PSP said. Troopers stated the witness encountered Gartrell, who ran towards them with a rifle; however, once the witness announced he was armed, Gartrell fled.

More Here

KS: Maze - Gunfight between Burglar and Car Owner, Both Wounded

According to a release, investigators learned the 30-year-old homeowner went outside after seeing the teen rummaging through his vehicle. 

"The 15-year-old then fired a weapon, striking the homeowner," the release said. "The homeowner returned fire, hitting the 15-year-old."

Maize USD 266 released the following statement: "We wish Kevin Norfleet, a Maize High School English Language Arts teacher, a full and speedy recovery. Our thoughts are with him and his family during this difficult time. The Maize USD 266 community is rallying around Kevin, and we look forward to welcoming him back when he is ready."

More Here

TX: Houston - Homeowner Wounds Man who Was Attempting Vehicular Burglary

They said the homeowner went outside and shot at the men.

One of them was shot and taken to the hospital in stable condition, while the other man was not hurt.

Both men were charged with burglary of a motor vehicle.

“The DA’s office did accept charges on the suspects that were breaking into the vehicle for BMV and then they declined charges on the homeowner as he was protecting his property,” said Lt. Kham with the Houston Police Department.

More Here

Palm Beach Post Attacks Open Carry Straw Man

 

The Palm Beach Post published an opinion piece on September 18, 2025. While the Post says the article is only the opinion of the authors, this correspondent could not find any mention of who the authors were.

The authors show they lack significant information about open carry. A couple of years ago, as of 2022, only four states prohibited the general open carry of modern handguns. They were California, Florida, Illinois and New York. As the divide between the states following Supreme Court decisions on the Second Amendment widened after the Bruen decision in 2022,  New Jersey made it illegal to open carry with a permit, Connecticut and Maryland banned the general open carry of handguns in 2023, even with a permit, for self defense. There are now six states which ban the general open carry of modern handguns in public for self defense. Thus, lawful open carry of handguns is not a crime in 44 states, not 47. From the Palmbeachpost.com:

Let's be clear. Lawful open carry is not a crime in the 47 states that allow some form of it, and that now includes Florida. Only California, Illinois and New York still prohibit open carry. While some gun enthusiasts may wonder what took Florida so long, the rest of state residents will have to adjust to a major change in law that came with little fanfare.

The legislature in Florida has been heavily debating the subject for many years. I would not call that "without fanfare". The authors make a good point about current law requiring gun carriers to act responsibly. From the article:

No one expects to now see an outpouring of gun-toting Second Amendment enthusiasts parading their hardware in Boca Raton's Mizner Park or along West Palm Beach's Clematis Avenue. The state still provides ample legal protection for property owners to prohibit firearms from their property and law enforcement to continue to police those who exhibit firearms in a "rude, careless, angry or threatening manner in public," Uthmeier wrote in a memo to police.

Then the authors attempt to re-write history. Open carry in Florida is not a new right. It was only banned, in general in 1987, 90 years after the law was passed requiring gun carriers to be responsible. The statute, 790.10, was passed in 1897 with a few changes since:

790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

The authors of the Post article claim open carry is a"new right". It is not. They should have used the term recently restored, not "new-found".

Now that open carry is the law, gun owners, Second Amendment enthusiasts, along with state and local governments will have to step up to ensure that this new-found freedom isn't abused. New rights require greater responsibility.

This is part of the Left's attempt to ignore most history. Second Amendment rights are not "new rights'. They have not been created recently. They are being restored after severe infringements lasting for more than a hundred years in most states. Most of the infringements happened after the Civil War, as legislatures worried about freed slaves having access to arms, or trying to tamp down dueling culture. Most of those restrictions were on concealed carry. Kentucky was one of the first to ban concealed carry, in 1813. The state supreme court ruled, in 1822, the ban violated using Kentucky State Constitution. Here is a small excerpt from that opinion:

But to be in conflict with the constitution, it is not essential that the act should contain a prohibition against bearing arms in every possible form--it is the right to bear arms in defence of the citizens and the state, that is secured by the constitution, and whatever restrains the full and complete exercise of that right, though not an entire destruction of it, is forbidden by the explicit language of the constitution.

This stayed in effect until 1850, when Kentucky changed the state constitution to allow the legislature to ban the carry of concealed weapons. Almost all of the state infringements on the carry of arms happened after the Supreme Court ruled the Bill of Rights did not apply to the states, in 1833. This was reversed after the Civil War, with the Fourteenth Amendment. The Supreme Court refused to enforce the Fourteenth Amendment on the states until the court adopted the partial "incorporation" doctrine which held rights had to be "incorporated" into the Constitution, against the states, by the Supreme Court. About a hundred years later, the Supreme Court incorporated the Second Amendment into the Constitution with the decision in McDonald v City of Chicago.

This correspondent has openly carried holstered handguns in public for thousands of hours, in several states. The Post authors imply open carriers often abuse their right to carry. It is a false premise. Most people do not even notice a person is openly carrying. Most of the rest pretend to not notice. A few assume the person openly carrying is a law officer of some type. The response to open carry as political speech is applauded by most people. Very, very few find open carry offensive.

There is no "right to not be offended" in the Constitution. Open carry is not just protected by the Second Amendment, it should also be protected by the First as symbolic, powerful, political speech.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 

 

 

 

 

SC: Columbia - Disarm, Suspect Shot with Own Gun

Richland County Sheriff's Department investigators arrested 36-year-old Joshua Ramdeen. He faces charges of pointing and presenting a firearm and first-degree assault and battery.

According to Sheriff Leon Lott, Ramdeen confronted two men he knew while those men were conducting business around 11 a.m. Friday at McDaniel Volkswagen at 440 Killian Road. 

Lott said Ramdeen threatened one of the other men with a gun, and that man tried to take the gun from Ramdeen. In the struggle, the gun went off, wounding Ramdeen.

More Here 

TX: Houston - Man attacked Employee, Security Guard, Is Shot

Police say that the man entered the water facility and attacked an employee with a pipe. Once security found the man, he attempted to attack them with the pipe, according to law enforcement.

Authorities said that one security guard then shot the man in the chest. Police say that the man was hospitalized, where he is now in critical condition.

The employee, who was attacked, was also taken to the hospital with minor injuries, police said. Officials said that the security guard who discharged his firearm was uninjured.

More Here

VA: Chesterfield - Domestic Defense, Woman Shoots Man who Assaulted Her

When officers arrived, they found a man, now identified as 38-year-old Eddie Hairston III, with multiple gunshot wounds. He was pronounced dead at the scene, authorities said.

As of the time of reporting, officials said that the investigation indicates a woman in the residence shot Hairston “during a domestic dispute after Hairston had assaulted her and threatened her life while brandishing a firearm.”

More Here

Charlie Kirk's Assassination Shows the Bankrupt Ideology of "Gun Control".

Some enthusiasts for "gun control" on the left are trying to claim Charlie Kirk's assassination shows that Kirk's support for the Second Amendment was wrong.

The assassin appears to have used the hunting rifle pictured above. It is a variant of the extremely common Mauser 98, with a telescopic sight. It is one of the most common types of hunting rifles existing in the United States, probably in the world. It is the type of rifle the vast majority of those pushing for more limitations on the ownership and use of firearm specifically remove from their restrictive lists. Even in Australia, it is easier to obtain a permit for this type of rifle than it is for a slingshot. Hunting rifles with telescopic sights are generally easier to obtain than most types of firearms, except in the most totalitarian and restrictive countries in the world. From mediaite.com:

So the area north of Campus Drive Road where the suspect crossed over—you saw some of that in the video that we released last night—consists of a grassy area with trees on the edge of the UVU campus. Investigators discovered a bolt-action rifle wrapped in a dark-colored towel. The rifle was determined to be a Mauser Model 98 .30-06 caliber bolt-action rifle. The rifle had a scope mounted on top of it.

The cartridge cases in the rifle show how the murderer has been indoctrinated with far-left ideology:

Investigators noted inscriptions that had been engraved on casings found with the rifle. Inscriptions on a fired casing read: “notices bulges” capital “O-W-O what’s this?” Inscriptions on the three unfired casings read: “hey fascist!” “catch!” Up arrow symbol, right arrow symbol, and three down arrow symbols. A second unfired casing read: “Oh Bella Ciao, Bella Ciao, Bella Ciao, Ciao, Ciao.” And a third unfired case read: “If you read this, you are gay LMAO.”

According to wikipedia, "Bella Ciao" is an anti-fascist folk song. Unfortunately, the accused killer did not have enough self reflection to understand that killing your opponent because you cannot beat him in open debate is a very fascist thing to do.

Newsweek.com quoted an influencer who claimed Charlie Kirk lost the gun control debate. From newsweek.com:

On X Brandy Bryant, a self-styled transgender comedian with 21,000 followers on the platform, posted: "Breaking: Charlie Kirk loses gun debate."

Brandy Bryant is exactly wrong. When you have to kill someone to silence them, it shows you have lost the debate. The left is driven to violence because they have lost the debate. On reddit, Mormaglis wrote this:

 While there might not be a perfectly secure system, there are obviously systems that greatly reduce the accessibility of firearms for those who would use them to harm others. You might not be able to say for certain that it wouldn't have prevented the assassination - but you can reasonably say that it would reduce the likelihood of an assassination occurring.

There are systems which might be secure enough to do this. They are called totalitarian systems. The bolt action hunting rifle is the type of firearm least subject to control. People who hunt and have no prior history of violence, such as the assassin, are most likely to be able to access this type of firearm.  The argument is common among people who want the population disarmed.  They refuse to acknowledge the benefits of widespread ownership of firearms. From reddit contributor 7097556El3-93, writing about British gun control:

But realistically, hardly anyone wants to actually kill politicians, and only 1% of those have the means to do so at long range with a gun. So the percentage of people with both the means and the motive is vanishingly small. This is one of the positive impacts of strict gun control. Another is that if anyone sees anybody else with a gun then there is an immediate and fair assumption that they are a dangerous threat, which makes it even harder to execute an assassination.

The writer ignores the fact that Charlie Kirk was not a politician. He was a political thinker, writer, organizer, and debater.  He was killed for his political speech. As previously noted, the type of firearm used is exactly one of the easiest for a person to obtain in strict gun control regimes such as England, Australia, France, Germany, Norway, and Sweden. They are very hard to obtain in totalitarian regimes such as China, North Korea, Venezuela, or Cuba. The politicians there have made a lot of enemies. Those who want to kill a politician have some of the strongest motivations to obtain a means to do so. The writer does not mention violent crime has increased in England with the imposition of gun control. The writer does not mention people in England have lost the right to free speech and England is becoming more and more authoritarian.

If you use a gun to assassinate someone who is opposed to gun control, it does not mean they were wrong to oppose gun control. It means the person opposed to them lost the argument and resorted to force. Charlie Kirk was a strong proponent of free speech, the Constitution, the Bill of Rights, and limited government. He was a Christian.  He was effective. It is why the left demonized him.  It is why he was killed. He was winning the argument.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 

CA: Turlock - Man Shoots at Suspect who was Fleeing from Police

A Sunday evening police pursuit of a stolen car suspect which began in Turlock ended with a crash in rural Hughson and a homeowner opening fire on the suspect who slid underneath his car to hide from police.

The suspect, Dustin Jay Robinson, 26, of Keyes, was not shot, but authorities did arrest him a short time later in Hughson. His female passenger managed to slip away as law enforcement set up a perimeter.

According to Turlock Police Department Public Information Officer Dominique Sanchez, the incident began at approximately 10 p.m. when an officer located a stolen Honda Civic in the area of N. Golden State Boulevard and Roberts Road.

 

More Here 

MN: Alden - Domestic Defense, Son Violates Restraining Orders, Beats on Parents, is Shot, Killed

Dave and Shari Petersen, 71 and 69 respectively, were transported by ground ambulance with blunt force injuries. Jason Petersen, 47, another son of the couple, who was also present during the incident, also received treatment for his injuries.  The Sheriff’s Office stated Dave, Shari and Jason Petersen were detained for questioning and later released. Two children who were also at the home during the incident were later taken home by their mother.  According to the press release, Joshua Petersen reportedly violated two harassment restraining orders when he came to his parents’ house that night.

The restraining orders prevented him from being at the residence or having contact with his parents. A previous harassment restraining order preventing him from having contact with his brother had expired in the last year.

More Here

Rep Tomas Massie (R-KY) Re-Introduces Repeal of Gun Free School Zones Act

Representative Thomas Massie of Florida

 

On August 29, 2025, Representative Thomas Massie, Republican from Kentucky, re-introduced the "Safe Students Act". The Safe Students Act, (H.R. 5066) repeals the Gun Free School Zone Act of 1990. From H.R. 5066:

(3) The Gun-Free School Zones Act of 1990 (18 U.S.C. 921 note, 922 note; section 1702 of Public Law 101-647; 104 Stat. 4844-4845) is repealed.

Thomas Massie has issued a press release to notify people about the re-introduction of the bill. From the press release:

The "Safe Students Act" (H.R. 5066) repeals the "Gun-Free School Zones Act of 1990," (GFSZA) eliminating GFSZA's one-size-fits-all federal ban on guns in school zones. Enactment of the "Safe Students Act" would make it easier for state and local governments and school boards to unambiguously set their own firearms policies. 

"Gun-free zones are ineffective and make our schools less safe. Since 1950, 94 percent of mass public shootings have occurred in places where citizens are banned from having guns," Rep. Thomas Massie said. "Banks, churches, sports stadiums, and many of my colleagues in Congress are protected with firearms. Yet children inside the classroom are too frequently left vulnerable."

It is nice to see John Lott's work on where mass public murder takes place being referenced by Representative Massie. The Safe Students Act was first introduced in 2007 by Representative Ron Paul. Massie recognizes Ron Paul's effort:

 This bill, originally introduced by Representative Ron Paul (R-TX) in 2007, repeals GFSZA, a law that makes it "unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." In 1995, the Supreme Court held the GFSZA unconstitutional, which prompted Congress to amend the bill in 1996. The Supreme Court has not ruled on the constitutionality of the amended act. 

There are ten original co-sponsors of the bill at re-introduction.

 Original cosponsors of the "Safe Students Act" include: Rep. Lauren Boebert (R-CO), Rep. Eric Burlison (R-MO), Rep. Andrew Clyde (R-GA), Rep. Eli Crane (R-AZ), Rep. Warren Davidson (R-OH), Rep. Paul Gosar (R-AZ), Rep. Marjorie Taylor Greene (R-GA), Rep. Mary Miller (R-IL), Rep. Scott Perry (R-PA), and Rep. Chip Roy (R-TX).

The Gun Free School Zone Act of 1990 was blatantly unconstitutional when enacted. It was held to be unconstitutional in USA v Lopez in 1995. President Clinton and Attorney General Janet Reno strong armed Congress to add 12 words to the act in 1996, as part of the Omnibus appropriations package (section 657). Six of the Appellate Circuits have upheld the act as Constitutional after the 1996 amendment. Three Circuits have held the word change is not sufficient to overcome the Constitutional deficits of the act.

The GFSZ Act of 1990 is being challenged as being facially unconstitutional under the Second Amendment in the Fifth Circuit and the Ninth Circuit. Chances for a circuit split are small but possible.

Analysis: The Trump administration is doing much to restore Second Amendment rights. There doesn't appear to be much support for this repeal of the GFSZ act in the Congress. The very small Republican majorities mean this bill could not overcome a filibuster in the Senate. It is more likely the GFSZ act will be ruled unconstitutional again, in court, than this bill will be passed in this Congress. If President Trump and the Trumpian party (Republican party, as overseen by President Trump) win larger majorities in the mid term elections, the legislative repeal of the GFSZ act becomes much more likely.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  

 

 

 

AZ: Phoenix - Home Invastion, 3 Suspects Killed, 2 Wounded

Both of those victims were taken to the hospital but are expected to recover.

At the home, detectives learned that two men reportedly entered the home, one of whom was armed, before a person inside the house shot and killed one of them.

That resident retreated but then returned, shot and killed the second intruder after a family member started screaming for help.

During the gunfire, three men were shot and killed: the alleged intruders, found dead inside the home, and a third man, found deceased in a nearby alley. Police said the man in the alley may have been trying to escape, but his exact involvement is still under investigation.

More Here

TX: Police go to Wrong House. Shoot Family Man. Under Investigation in Dallas County

 

 Link to youtube video from fox4news.com.

 

The incident happened about 1:45 a.m. on Friday, 12 September, 2025, In Grand Prairie, Texas. Grand Prairie is midway between Fort Worth and Dallas, on the east side of Arlington. Police officers of the Grand Prairie Police Department went to the wrong address for a disturbance call. Officers said they knocked on the door of a Holly Hills Drive home for about five minutes.  The home-renter, Thomas Simpson, a husband and father, said he did not know what was going on. He suspected criminal activity. He exited the house into the garage, then opened the garage door to investigate the situation. He was armed with a pistol.   From fox4news.com:

Simpson told FOX 4 officers never announced themselves, and he thought they were criminals at first.

"They never say police department! But I recognized from the light the sign off the badge when the garage door got to a certain point. And that's why I dropped my pistol.  And okay, let's figure this out. And then I get shot." 

Simpson says officers fired eight shots, which he believes is excessive. 

Grand Prairie police dispute what happened. From nbcdfw.com:

When officers arrived, police said they knocked on the door for about five minutes from a "well illuminated area." It was then that police said a man came out of the garage and "took an aggressive firing stance and pointed a firearm at officers."

"Fearing for their lives," police said, the officers shot at the person and hit him at least once in the leg.

Grand Prairie Police said the man's injury was not severe and that he walked unassisted to an ambulance. The man was taken to an area hospital, treated and released.

Fortunately, the bullet did not hit bone, but passed through the fleshy upper part of the leg on the outside between the hip and the knee. There are large muscles there. It appears no artery was hit. Eventually, the officers realized they had been sent to the wrong address.  The Grand Prairie Police Department has stated they will refer a case of aggravated assault against a police officer to the Dallas County District Attorney.

As a matter of policy,  the Dallas County DA's Officer-Involved Shooting Team is independently investigating the shooting. The Grand Prairie Police Department is conducting an administrative investigation, according to cbsnews.com:

 The Grand Prairie Police Department's Office of Professional Standards is conducting a concurrent administrative investigation.

In an interview by cbsnews.com, Thomas Simpson says the entire family was detained for about four hours. One bullet hit a water pipe, flooding the house with three inches of water. From cbs.news.com:

 The family was in the process of moving out of the rental home when the shooting occurred. They said one of the bullets ruptured a water pipe, flooding the house with three inches of water. Fortunately, most of their belongings had already been moved out.

Body camera coverage is said to be available of the incident. It has not been released to the public. What the body cameras show will be critical to the investigation.

Analysis: Wrong address incidents are not good for police. Texas has strong laws protecting the right of people to defend their home and property, especially at night.  Exactly when the police realized they were at the wrong residence may become important, considering they held the entire family for four hours. It will be interesting to see if the police made any attempt to shut off the water, or called a plumber to do so, during that period.

Police and Thomas Simpson are fortunate he was not maimed or killed.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 

 

 

 

 

 

 

 

 

FL: Pembroke Pines - Domestic Defense Gunfight, Woman Wounded

“I saw two guys shooting at each other,” Williams said. “I didn’t notice there was a girl shot until the young lady ran out.”

According to police Johnson and the victim were previously in a relationship and have a child in common.

Police said Johnson went to the victim’s home Tuesday and a dispute erupted between several people over child custody.

“During the dispute, Johnson pulled out a gun and fired shots toward three people – a man, a woman, and the victim,“ a news release from the police department stated. ”The man and the woman were unharmed. The man, who was also carrying a gun, returned fire but bullets did not hit Johnson. The victim was struck during the exchange of gunfire."

More Here

FL: Miami - Man Shoots at two People, one Returns Fire

Detectives said the woman had been visiting Nunez’s residence when another individual arrived to pick her up.

As the two got into a vehicle, deputies said they saw Nunez on his balcony holding a handgun.

Moments later, they said Nunez allegedly ran toward them and began firing. One of the individuals returned fire in self-defense before driving away. No injuries were reported.

Deputies said they later made contact with Nunez, who was taken into custody without incident.

After being read his Miranda rights, he gave a statement to detectives which was redacted in the publicly-released report.

More Here

Al: Lawrence County - Domestic Defense, Father Shoots Son

A preliminary investigation indicates that Darnell was the son of the 85-year-old. Investigators believe a fight occurred between the two inside the father’s home, which then escalated outside in the front yard.

Statements provided to investigators claim Darnell was assaulting the father with a metal rod; officials say it was possibly a piece of rebar. The father was believed to have defended himself with a revolver, shooting his son three times before succumbing to his injuries.

Lawrence County Sheriff Max Sanders says the father received multiple severe cuts to his arms, a fractured orbital socket, and a lot of bruising and swelling to his face, though most looked like defensive wounds.

“The father who was beat up was taken by helicopter to Huntsville Hospital,” Sanders said. “His father sustained a number of injuries, and he’s being held in the hospital right now. I believe he’s going to make a recovery.”

More Here 

GA: Lawrenceville - Intruder Shot and Killed

A suspected burglar was shot and killed during a home invasion early Monday morning in Gwinnett County, according to police.

Not only that, they say the suspect who died took his clothes off in the home and started throwing things around early Monday morning.

It’s a mystery where he came from or why he came to this house.

“This is such a calm neighborhood. We’ve lived here for over 20 years and nothing like this has ever occurred,” Michelle said. The family member didn’t disclose their last name.

More Here 

IN: Indianapolis - Murderer and Victim Both Killed, Five other Victims Wounded near Club

Following the shooting, IMPD said it believed the two people who died were the shooters. In an update Sept. 23, the department said "additional video footage and evidence" suggest that one of the men killed was the "primary shooter," and the other man killed "is not believed to have been a shooter and may have been an unintentional target."

The shots came after a disturbance in the parking lot of a liquor store near a club around 2:15 a.m. Sunday, Sept. 21.

 

More Here 

OK: Tulsa - Man in Car at Gas Station Shoots Aggressive man on Motorcycle

"It was to the point where it was noticed by the staff at the QT, and it went back out into the parking lot. Now that we are back out into the parking lot, this argument continues to grow and grow and now turns into a physical altercation," said Captain Richard Meulenberg with Tulsa Police.

Police say the victim made threats to the shooter, and the shooter got back into his car. Police say the victim later rode up on his motorcycle and kicked the car door.

"The shooter, by his admission, feels as though his life is being threatened, so then he fires rounds, striking and killing the victim on the motorcycle," said Meulenberg.

More Here

AL: Birmingham Homicide Ruled Justified

Birmingham Fire and Rescue personnel transported the victim to UAB Hospital, where hospital staff pronounced him deceased. The victim has been identified as 42-year-old Travis Santell Russell of Dadeville.

The Jefferson County District Attorney has ruled the shooting justifiable.

More Here

Update on Gun Free School Zone Metcalf Case on Appeal in Ninth Circuit

Vivian and Gabriel's modest home in Billings, Montana

The challenge to the Gun Free School Zone (GFSZ) case from Billings Montana, involving Gabriel Metcalf, has an interesting twist in 2025. The judges in the case asked the attorneys on both sides to present briefs addressing the impact on the case of Rehaif v. United States, 2019. Rehaif established a precedent that, in order to be found guilty, the defendant had to know he belonged to a category which was barred from possessing a firearm, as that was one of the elements of the crime.

As mentioned in previous articles, Gabriel Metcalf was repeatedly told he was not violating the law by local officials. He believed the GFSZ statute was unconstitutional.  The day before Gabriel was arrested, Billings Police Department Lt. Matt Lennick indicated the local police did not have any authority to arrest Gabriel, so they had contacted federal authorities to see what they could do. From the bozemandailychronicle.com:

While the man was not breaking any state laws in doing so, Lennick said, BPD increased their patrols in the area surrounding the school. Police also contacted federal agencies for assistance with the situation.

The briefs on the applicability of Rehaif were filed with the Court on June 30, 2025.  The Federal Defender, argues, it is only simple justice for the appellate court to consider Gabriel Metcalf believed he was not breaking the law. The issue of local officials telling him he was not breaking the law was not allowed at trial by the presiding judge. From the defense brief for the Appellant:

The law in 2023 told Metcalf his right to act as he did was enshrined in the United States Constitution and statutorily protected by the law of his eventual conviction. Given the District Court’s Order concerning Montana’s §922(q)(B)(ii)-specific licensing law, Gabriel Metcalf has been convicted of violating the Act under circumstances from which no citizen could have ascertained his conduct to be unlawful. This is an error, it is clear from review of the record (ER_21-59), it affected Metcalf’s substantial rights, and such a conviction will negatively impact the fairness of his judicial proceedings in violation of the Rehaif principle by sustaining a conviction obtained where absence of criminal intent is a matter of law.

(snip)

This was evident on March 25, 2024, when Metcalf and the United States met at the District Court for his trial. During the pretrial conference, the United States addressed its motion in limine that sought to prevent a “defense of entrapment by estoppel” by asking “state witnesses whether they told the defendant he was in violation of state law or not, or the fact he was not in violation of state law”. ER_22. The defense argued that fact and those statements were relevant to Metcalf’s mental state concerning whether he knew “or had reasonable cause to believe” he was in a federal school zone. ER_23. The United States responded that it was not required to prove Metcalf knew his actions were unlawful under federal law. Id. The Court granted the Government’s motion. Id.

(snip)

“A plain error that affects substantial rights may be considered even though it was not brought to the court’s attention.” Rule 52(b), F.R.Crim.P. The record shows “(1) there was an error, (2) the error is clear or obvious, (3) the error affected [Metcalf’s] substantial rights, and (4) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings”.

When Gabriel accepted the plea deal from the prosecution, part of the deal was he could appeal only the decision on the motion to dismiss the case made by the trial Judge. The motion involved two issues, whether Gabriel was exempted from the GFSZ act by Montana law and whether the GFSZ act was unconstitutional. The Rehaif case was not mentioned. The Appellee, the USA, argues the Appeals court should not use any information or issues outside of what was agreed to in the plea deal. From the brief for the Appellee, USA, by the Federal Attorney for Montana:

It is not disputed that Gabriel Metcalf had the mental state required to meet the material elements of 18 U.S.C. § 922(q)(2)(A): he knew he possessed a firearm in a place he knew or had reasonable cause to believe was a school zone.1 Metcalf agreed with the United States with respect to the elements of the offense in the plea agreement and the plea colloquy and, indeed, offered the same elements in his proposed jury instructions. And, in exchange for a benefit from the government, Metcalf waived his right to appeal any argument that his conduct did not fall within the statute of conviction.

Analysis: Appeals courts seldom go outside of what they are presented with. They can make exceptions in exceptional cases. The three judge panel is considering if Rehaif is relevant. Using Rehaif to remand the case allows them to avoid ruling on whether the GFSZ act is unconstitutional. A general rule for courts is, if they can resolve the case on other grounds before ruling on the constitutionality of the law, they should do so.

The conduct of the prosecution in this case has been reprehensible. The case should never have been prosecuted. Gabriel was held for over a month, without bail, based on dubious claims by the prosecution. His mental condition has been repeatedly smeared. He has had to undergo two years of probation, at considerable expense, for exercising his rights after he was told he had those rights under Montana law. He has been prosecuted and punished under local law in what appears to be retribution for exercising his rights. The Billings Police and local court system have a reputation for lack of concern for defendants legal rights.

Remanding the case on the grounds of Rehaif removes the probability the GFSZ act would be found to be unconstitutional under the Second Amendment.  It is unlikely the federal government would appeal such a ruling to a higher court. This case has been the best test case to once again rule the GFSZ act to be unconstitutional.  If the three judge panel remands the case back to the Federal District Court in Montana, the case is likely be dismissed. An outright dismissal of the case would mean Gabriel's Second Amendment rights would be restored, as if he had not been prosecuted.  

This would not make him whole. He has been punished by the process.

It may be possible to bring a civil case based on the experience of Gabriel Metcalf.  The plea agreement contains a barrier to a civil case. The barrier might be overcome by the use of Rehaif. Civil lawsuits are expensive. Gabriel Metcalf and his mother are poor as church mice.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 

 

 

 

 

 

 

 

MO: Suspect Flees from Police - Armed Truck Driver Stops CarJack Attempt

While this was happening, the husband pointed to a car in a nearby driveway and identified the man inside, Hall, as the person responsible for his wife’s injury.

According to court documents, Hall then started to drive away. The officers tried to block his vehicle with theirs, but he maneuvered around them and sped away.

A short chase began, and Hall reportedly drove through two secured fences on a nearby fuel depot’s property with officers in pursuit. As they caught up to Hall on North Vermont Street, they saw him attempting to get into the cab of a semi-truck.

The driver later advised investigators that Hall nearly hit his vehicle, then tried to get in the cab, so he fired two warning shots from a handgun to scare him away.

Hall was taken into custody without further incident. While processing the scene, officers reported finding three semi-automatic handguns, 26 spent shell casings, a box of ammunition, cocaine and other drug paraphernalia.

More Here

IL: Chicago - Man Attempts Break-in is Shot, Killed by Woman

According to Chicago police, the 33-year-old man was attempting to force entry into an apartment in the 3400 block of West Monroe just before 7 a.m. Saturday.

During that incident, multiple individuals were inside the residence, including a 28-year-old woman. The woman, who has a license for concealed carry according to police, pulled out a weapon and fired multiple shots, striking the man twice.

The man was taken to a nearby hospital, where he was pronounced dead.

More Here

Homeowner Uses AR15 type firearm to Defend against Black Bear in Home

On August 20, 2025, Mrgunsngear posted a video on X. The video appears to show a homeowner moving downstairs with an AR15 type rifle with a weapons light. The homeowner moves away from the camera, wearing only shorts. He goes through two doorways and nears the far wall. At this point, looking through the doorways, a bear appears to be moving toward him from the left to the right.

The homeowner fires seven quick shots, and the bear drops. After the video, an image of a dead bear inside a house is posted.  While bear attacks inside of homes are not common, they appear to be increasing with increasing bear populations. In 2024 a woman in California was killed in her home by a black bear. In May of 2025, a man in Florida was dragged from his home and killed by a black bear.

The man who shot the bear has posted details about what happened, firearm and ammunition used, with a bit of video added before and after the video where the bear was shot. The homeowner wears night vision googles in the additional video, then shows his full face in the last segment. The quality of the original video is superior to the version first shown on X.

The home defender was not allowed to keep the bear. In his location, bears shot in self defense belong to Parks and Wildlife.  The bear was able to enter the house through a second story window. The window was cracked to allow the house to cool down at night (no air conditioning). The bear pushed the window open and then pushed in the window screen. The defender's hearing is fine, because he had a suppressor on his firearm. The firearm is a 556 Geissele Super Duty eleven and a half inch. The 5.56 Critical Defense Hornady cartridges performed very well. All of the seven bullets stayed in the bear, except for one fragment which came out and inflicted a nick on the floor.

The defenders use of the term "Parks and Wildlife", with the image of the trees and skyline in the later video make it likely the event occurred in Colorado. Texas and Colorado both have agencies known as "Parks and Wildlife". The type of country depicted is sparse in Texas, and Texas has few bears.

Inside the United States, bears are reasonably common from Florida to Alaska. AR15 type firearms with weapons lights and internal security cameras have become increasingly common in the last two decades. The 5.56 round would typically expell a 55 grain projectile at about 2600-2700 fps out of a eleven to twelve inch barrel.

An AR15 type pistol or rifle is an excellent choice for a home defense weapon. It is sufficiently powerful, easy to handle and easy to control in rapid fire.  Such rifles have shown themselves to be adequate for defense against bears.  The use of a suppressor, especially inside a building can prevent serious hearing loss. It probably did so in this case. The shots are easily heard in the video. Without a suppressor, shots from a 12 inch barrel from a full power 5.56 cartridge, would be deafening.  The flash could be temporarily blinding. One of the advantages of the Hornady Critical Defense load is its use of additives to reduce flash.

The Defender adds some video at the end of his presentation, identifying himself as a Christian, and exhorting other Christians to remember they have a duty to protect others who depend on them.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  

 

 

MS: Columbus - Police Shooting, Defense Against Vehicle Attack

After the officer exited his vehicle, the subject allegedly attempted to strike the officer with his vehicle.

The officer responded by discharging his weapon but did not strike the subject. A brief pursuit ensured until the subject’s vehicle came to a stop. The subject then fled on foot and was quickly apprehended with no further incident.

More Here

IL: Chicago: Disarm, two Victims Wounded and One attacker likely Wounded

According to police, both victims, age 43, were arguing with another man when the man pulled out a handgun and started shooting. One victim was struck multiple times and taken to Mount Sinai Hospital in critical condition. The other suffered gunshot wounds to the hip and back and was also transported to Sinai, where he was listed in good condition.

In a dramatic turn, one of the wounded men was able to disarm the gunman and fire back, a witness reported. The attacker and a second man fled westbound on 36th Place in a red Jeep Compass with temporary plates. Several witnesses said they saw one man dragging the other toward the Jeep, leading them to believe the gunman may also have been shot. Police have not confirmed whether the offender was injured.

More Here

SC: Ridgeland - Man Armed with Machete Shot, Killed while Attempting Robbery

A person reportedly wielding a machete while attempting to rob a barber shop was shot and killed in Ridgeland, South Carolina on Thursday.

WSAV News 3 confirmed with an employee of Jay’s Barber Shop that two masked and hooded individuals entered the shop around 10:30 a.m. through the back door.

One of the men pulled out a machete and reportedly said, “You know what this is,” indicating a robbery.

One of the barbers then reportedly pulled out his registered gun and shot the individual holding the machete, who soon after died on scene.

More Here

PA: Philadelphia - Armed Robbery Suspect Flees from Gunfight

The man was walking home on Front Street, near Chew Avenue, around 11:30 p.m., when an armed man approached him and announced a robbery, authorities said. The gunman went through his pockets and pulled out his wallet.

“At that point, the victim pulled his handgun and … fired multiple shots in the direction of the perpetrator,” said Chief Inspector Scott Small. “That caused the perpetrator to drop the wallet that he had just taken from the victim, and the perpetrator then fled on foot while being shot at.”

More Here

CA: Mountain View - Gun Store Owner Chases Suspect, Fires Shot, Holds for Police

A Mountain View man who allegedly stole a handgun from a local gun store Wednesday afternoon was detained by the store owner after he chased the suspect for several blocks and fired a warning shot in the air, according to the Mountain View police.

Dispatchers received a call around 1:50 p.m. on Sept. 17 reporting that a handgun had been stolen from E2’s Gun Vault, 363 W. El Camino Real. A gunshot also had been heard, according to police spokesperson Scott Nelson.

More Here

IN: Indianapolis - Woman Claims Rape, Wounded Suspect as he Fled

An accused rapist is behind bars after police claim he sexually assaulted a woman inside her home before she shot him as he tried to flee.

The accused rapist was arrested in Speedway about an hour after the alleged sexual assault on Indy’s northeast side.

According to court records filed Wednesday, the victim claims the suspect forced her to have sex at gunpoint.

More Here

NC: Winston-Salem - Domestic Defense, Jonathan Smith Shot as he Violently Assaulted Family

Forsyth County EMS responded and took Smith to a local hospital, but he died from his injuries.

During the investigation, officials said they found evidence that Smith was violently assaulting several members of his family. Someone in the home shot Smith to stop him.

Officials said no charges will be filed, as evidence suggests that the person shot Smith in the defense of others.

More Here

FL: Middleburg - Bizzare Mass Murder Lopez not Linked to several Victims. Lopez Killed by 16-Year-Old Home Occupant

Upon arrival, they found two women with gunshot wounds and two uninjured juveniles inside the residence.

Vincent Cicone Jr., 48, was also injured in the incident but has since been released from the hospital.

Other family members, including Linda Peeples, 47, Ashlyn Peeples, 19, and James Magruder, 18, managed to escape to a neighbor’s house.

Investigations revealed that the suspect and his wife had left their Jacksonville residence after midnight and drove through Clay County, eventually stopping in front of the incident location due to a disabled vehicle.

The suspect, armed with a handgun, entered the residence and began shooting.

The 16-year-old male in the house was able to grab a shotgun and fire at the suspect, critically injuring him. Meanwhile, the 11-year-old female hid inside a bedroom during the chaos.

Searches of the suspect’s vehicle and residence uncovered additional firearms and body armor, but no evidence linking him to the victims or establishing a motive has been found.

More Here

ID: Payette County - Potential Car-Jacking Suspect Shot, Killed

"Both came to a stop after the driver of the Kia parked, blocking the road," according to the news release. 

The driver of the Kia, Avery, then allegedly "physically confronted" the driver from Boise, and attempted to break out the driver's side window, eventually opening the driver's door.

"The driver of the Nissan said that he feared for his life and shot the driver of the Kia," reads the release.

Avery died at the scene and no charges have been filed. However, the details of the investigation have been forwarded to the Payette County Prosecutor's Office for review.

More Here

Al: Ozark - Person who was Stabbed Shoots Suspect

A violent altercation on Dixie Drive left two men injured Sunday afternoon, according to the Ozark Department of Public Safety.

On September 14, 2025, at about 4:45 p.m., Ozark Police patrol officers and Dale County Sheriff’s deputies responded to the 400 block of Dixie Drive after a reported 911 call of a stabbing. When officers arrived, they determined that the subject who had been stabbed discharged a firearm, striking the individual who had stabbed him.

The Ozark Criminal Investigations Unit, including Crime Scene Technicians, responded to process and collect evidence, canvass the area, and interview witnesses. Investigators also spoke with the two adult men involved in the altercation.

More Here

TN: Nashville - Domestic Defense? Teen Says Shooting Stepfather was in Defense of Mother

Nathan Hensley, 19, admitted to shooting Jose Danilo Rodas, his stepfather, inside a Southwood Park Place apartment, but has not been charged as the investigation continues. Hensley and his mother have been cooperative with detectives.

Detectives were told that Rodas had a history of being physically abusive to his wife. On Sunday, Rodas allegedly choked his wife until she nearly lost consciousness. Hensley said he heard screaming upon arriving at the apartment and saw Rodas choking his mother. Fearing for their safety, Hensley shot Rodas.

More Here

SC: Horry County - Person Injured in Shooting During Theft Attempt

Upon arrival, officers met the owner of the home where the shooting occurred. The homeowner said he and his wife saw three or four men on camera breaking into their vehicle and taking items from their boat, the incident report says. In response, the homeowner left the house with his firearm and the shooting occurred, the report continues. The report does not say who fired the shots. The victim of the shooting and other parties involved drove away and were intercepted by other officers, the report says.

More Here

WA: Spanaway - Homeowner Shoots, Kills Intruder

About 1:45 a.m. Sunday, deputies were dispatched to the 16000 block of 13th Avenue Court East after a homeowner called 911 and reported he had shot an intruder.

Deputies arrived and found a 36-year-old man on a back porch with a single gunshot wound, according to the post. They attempted to revive the man, but he died at the scene.

Prior to the shooting, the suspect was seen on multiple homeowners’ cameras walking around people’s homes, according to the post.

More Here

OH: Akron - Man evicted from Residence, Returns, Fights, is Shot, Killed

A 21-year-old man was shot and killed Saturday after authorities said he broke into an Akron residence, where he had been served with a protection order just 30 minutes earlier.

No charges have been filed in the shooting and authorities have not yet identified the man killed in the shooting.

More Here

OK: Tulsa - Man Shot after Brandishing Knife, Police Investigate

According to police, he told detectives there had been a history of confrontations between him and the victim, describing the victim as the primary aggressor.

On Saturday, the man claimed, the victim allegedly followed him, got out of his vehicle, and brandished a knife while making threats. The person of interest said he then retrieved a firearm and shot the victim.

More Here

FL: Tarpon Springs - Occupants of Home Shoot, Kill Intruder

A Tarpon Springs man was shot and killed by residents in a home on Saturday after trying to break into the residence, police officials said.

At about 12:41 a.m. Tarpon Springs Police Department (TSPD) officers responded to a report of a shooting at a home on Midway Lane.

When officers arrived, they located an unresponsive adult male, identified as George Tirikos of Tarpon Springs.

Officers began life-saving measures on Tirikos, who had suffered gunshot wounds to the upper body.

He was taken to Bayonet Point Medical Center, where he died.

More Here

MN: South St Paul - Armed Robbery Attempt Results in Gunfight, 1 killed, 1 wounded, Suspect Arrested

The group was in the bedroom when Ranzy and the 20-year-old began comparing their guns. Court documents state that Ranzy’s was an “XD” with a black magazine and the 20-year-old’s was a Glock 19 with a tan magazine. The 20-year-old reportedly told Ranzy that he should always keep a round in the chamber.

A witness, the 20-year-old and Lee went into the bathroom together, and the 20-year-old told them he was going to rob Ranzy of his gun. Court documents state both Lee and the witness told him not to do it.

Despite their pleas, when they returned, the 20-year-old pulled out his gun and attempted to rob Ranzy of his gun. Ranzy fired his gun first into the ceiling and then at the group, hitting Lee and the 20-year-old. The witness saw both the 20-year-old and Ranzy firing their guns. Two people jumped out the window to avoid being shot.

More Here

CA: North Hollywood - Man Shoots Suspect Attempting to Break Into Apt

A man who tried to break into a North Hollywood apartment was shot in the chest during an altercation with a man who lives at the home, police said.

Police said the person who lives at the apartment shot the man Friday morning when he tried to burglarize the home in the 12000 block of Oxnard Street, near Coldwater Canyon Avenue. The man was in his apartment at about 10 a.m. when he checked on a noise and confronted a man trying to break in through a window, police said.

After a struggle, the burglar entered the home and the resident grabbed a handgun. The burglar left the scene after he was shot in the chest.

More Here

MS: Vicksburg - Domestic Defense? Woman Shoots Man

When officers arrived on scene, VPD Captain Curtis Judge said they found a man who had been shot. The man was transported to a hospital with non-life threatening injuries.

The woman involved in the dispute has been taken into custody. Judge said the investigation is ongoing and no additional information could be released at this time.

More Here

NICS Gun Sales Down 10% From August, 2024, still more than a Million sold

In August of 2025, the adjusted National Instant background Check System (NICS), as computed by the National Shooting Sports Foundation (NSSF) showed approximate firearm sales of a bit over a million, down about 10% from sales in August of 2024. NICS checks, which can be used for other things besides firearm sales, dropped more than 19%.  In the last twelve months, only September of 2024 and January of 2025 showed more adjusted checks than the month from a year earlier. Both months showed only a small increase.

Except for January of 2025, where President Trump did not take office until the 20th of January, all of the months in the second Trump administration show fewer adjusted NICS background checks than the month from a year previous. This may be considered a "Trump Slump".

Looking at August in the years in which President Trump has been in office, the total adjusted NICS checks for the yeara are quite similar, except for 2020. 2020 was a presidential election year in which all stops were taken out in order to prevent a second term for President Trump.  This raised the fear level of a Biden presidency and incentivized more people to purchase firearms. President Trump has openly courted gun owners and Second Amendment advocates.

 

 

The fear of a Biden administration was justified, but it was tempered by the courts. The Biden administration's war on the Second Amendment kept sales above Trumpian levels in 2021 and 2022. They dipped in 2023 and recovered a bit in 2024.

The number of people who are interested in owning firearms and those who advocate for a restoration of Second Amendment rights varies somewhat with time.  Of that number, those who support President Trump likely outnumber those who support the Democratic part by three to one or more.  Now that President Trump is in power and actively working to restore Second Amendment rights, gun sales are dropping by measurable amounts. Those who support President Trump have already purchased firearms, or feel less incentive to purchase them than they did during the Biden administration.

A 10% drop in sales may not seem like a large amount. It can make a serious difference in being able to survive in a highly competitive industry such as gun manufacturing.  There are many companies which make AR15 type firearms. Nearly all of those companies make a serviceable firearm, from basic models to top of the line, expensive models which cost 5-10 times what a basic model does.

In any large number of companies, some are managed very well and some are not managed as well as others. Some simply have bad luck. When business drops off, the market will eliminate those who are most vulnerable, whether because of mismanagement or bad luck.

This correspondent expects firearm prices to gradually drop, with numerous sales to adjust inventories to lower levels.

Long term prospects look good. It is likely both suppressors/silencers and short barreled rifles and shotguns will be removed from the reach of the National Firearms Act (NFA). If that happens, there will be renewed interest in models with threaded barrels, short barreled rifles and shotguns, and firearms with integral suppressors.  The current situation, where the $200 tax has been removed from silencers/suppressors and short barreled rifles and shotguns, should stimulate some sales. The tax reduction goes into effect on 1 January, 2026.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

OH: Columbus - Attempted Robbery Leads to Assault, Shooting

According to police, the suspect was trying to sell a watch to the victim when they attempted to steal the watch.

Police say the suspect shot the victim in the torso during the altercation

More Here

CA: Milpitas - Jewelry Store Owner Stops Robbery Attemp by Multiple People

Just before 1:30 p.m., officers responded to a call about a smash-and-grab robbery at a jewelry store by the Seafood City Supermarket near the 1530 block of Landess Avenue. 

According to police, between 10 and 15 suspected rushed into the business; at the time, only the business owner and an employee were present. The business owner shot a gun, but no injuries have been reported. Nothing was stolen. The suspects fled the scene before officers arrived. 

More Here

TN: Putnam County - Argument Leads to Self Defense Shooting

Friends had gathered to have a bonfire and were visiting with each other when an argument broke out regarding the whereabouts of a firearm. The results of the argument ended in Writtenberry being shot.

 

Jordan Carper is the resident of the McClain address and was the individual who shot Nicholas Writtenberry.

 

PCSO Investigators, along with the District Attorney’s office, are investigating the case. At this time it appears to be a self-defense shooting.

 

More Here 

CA: Oakland - Murder Charges for Two Suspects in Botched Armed Robbery of Cash 4 Gold

Deshawn Tyson, 26, and Charles Gaston III, 28, were each charged with attempted robbery and murder in the slayings of Devinelle Broussard, 30, and Dennis Oyewole, 25.

The gunbattle happened at Eddy Cash 4 Gold" at 71st Avenue and International Boulevard at about 7:45 p.m. Wednesday.

When it was over, Broussard and Oyewole were shot dead, Tyson, Gaston and a 17-year-old boy were shot and wounded, as was the shop owner. The owner has not been charged.

More Here

TX: Austin - Suspect Murders Woman, Wounds Police Officer, is Wounded and Captured by Homeowner

At 4:10 a.m., Officer Reinhart approached the woodline and identified himself as Austin Police. He gave multiple commands for the subjects to stop and to come out of the woods. Officer Reinhart stated that the subjects were detained and not free to go. The female subject, later identified as Kay Smith, 12/31/1994, began walking towards Officer Reinhart. Officer Reinhart gave commands to a male subject behind Ms. Smith, later identified as Brandon Thompson, 30 years of age, telling him to get his hands out of his pocket. 
 
Shortly after, Mr. Thompson fired shots, striking Ms. Smith in the head and Officer Reinhart in the abdomen. Officer Reinhart returned fire. Mr. Thompson fled on foot back into the wooded area, and Officer Reinhart waited for backup. Approximately two minutes later, additional officers arrived on scene. An APD officer transported Officer Reinhart to a local hospital, and he was treated for his injuries. Ms. Smith was also transported to a local hospital, where she was pronounced braindead at 2:57 p.m. the same day. 
 
APD officers, including SWAT, AIR1, and K9, began searching the area for Mr. Thompson. At 7:44 a.m., a suspicious person call came in from the Austin Independent School District Police Department (AISD PD) at Barton Hills Elementary School. Prior to the call, the school already was in a “Secure” status. Once Barton Hills Elementary learned that the suspect was near the campus, the campus went into “Lockdown” status. An AISD sergeant recognized the person who had the same description as the suspect involved in the earlier shooting. The sergeant gave verbal commands to the suspect, such as “Stop, get on the ground,” however, Mr. Thompson continued to run. 
 
APD officers continued to search for Mr. Thompson. He was spotted by an APD officer at approximately 7:52 a.m. and fled towards a home in the 2500 block of Homedale Drive. Mr. Thompson kicked open the front door, ran into the house and the homeowner opened fire, striking him in the arm and the leg. Mr. Thompson was transported to a local hospital, where he was treated for his injuries. He is currently in stable condition. 

More Here

AR: Cherokee Village - Elderly Man Shoots, Kills Intruder who Cornered him in Bedroom

The intruder entered the home located on Katta Drive through a sliding door at the back of the residence. The elderly home owner suspecting his wife had arrived home from church, then heard a man’s voice and retrieved a handgun from his bedroom according to police.

The homeowner explained to authorities he backed into the corner of his bedroom and warned the intruder to “stop”.

Authorities say the intruder advanced toward the homeowner, the homeowner fired multiple shots, killing the intruder.

More Here

IL: Chicago - Guard shoots Suspect who Assaulted Him During Robbery Attempt

The shooting unfolded around 11:20 a.m., when a guard was leaving a business in the first block of South State Street and was “approached by an offender who attempted to forcefully take property,” according to a Chicago police statement.

The guard and the offender struggled, and the guard shot the man, who then “fled the scene with proceeds but was taken into custody a short time later,” according to police.

The offender suffered gunshot wounds to his body and was taken to Northwestern Memorial Hospital, where his condition had stabilized, police said.

More Here 

Guam's Legislature Overrides Governor's Veto. Suppressors/Silencers Restored to Legal Status

Governor Lou Leon Guerrero, public domain

 

The bill to restore silencers/suppressors to legal status in Guam was introduced by William A. Parkinson on January 15, 2025. Senator Parkinson is a Democrat in Guam. Nine of the fifteen senators in Guam are Republicans. Ten votes are needed in the Guam legislature to override a governor's veto. If all 9 Republican senators in the Guam legislature vote for the bill with Senator Parkinson, they could override Governor Guerrero's veto. That is what happened on July 31, 2025.

The legislature had previously passed legislation to restore legal status for suppressors/silencers in 2021, but governor Guerrero had vetoed the bill. She vetoed the silencer/suppressor bill for the second time in June of 2025. From guampdn.com:

The governor vetoed the bill in June, over concern that the devices could be used to mask the sound of gunshots in a life-threatening situation.

“Suppressors are not what we’ve seen on television. They don’t make guns completely silent,” Parkinson said Monday. They are a safety tool for people who practice with firearms in a responsible manner.”

He said suppressors prevent hearing loss for those who are exercising their Second Amendment right and practicing with firearms.

The Guam legislature overrode the Governor's veto on July 31, 2025. From nationalguntrusts.com:

 Guam became the first U.S. Territory to legalize suppressors, also know as silencers.  This decision came by overriding Governor Lou Leon Guerrero's veto on July 31, 2025, when the legislature passed the Hearing Protection Act of 2025 - Bill No. 27-38.  The bill was passed with a decisive 10-5 margin.  The bill was backed by all nine republicans and included one democrat in the 10 votes and was lead by Senator William Parkinson.

The bill is well written. It takes into account the potential changes in the Federal law about silencers.  From Bill No. 27-38:

§60103. Ownership, etc., Permitted.

Any person who qualifies under this Chapter may lawfully own, possess, use or carry any rifle, shotgun, pistol or revolver not prohibited by §60102 subject to the conditions and penalties provided in this Chapter. Mufflers, silencers, or devices for deadening the sound of discharged firearms are permitted; provided, that the specifications, purchase, ownership, and possession of the device complies with applicable federal laws, rules, and regulations.”

Bill No. 27-38 has been carefully worded to allow for changes in the federal law about silencers/suppressors. The federal law is in a state of flux. The $200 tax on silencers/suppressors has been eliminated. It is possible silencers/suppressors will be removed from the National Firearms Act. Bill No. 27-38 only requires suppressors in Guam to be in compliance with federal law and regulations. If certain federal requirements are removed, people in Guam will not be required to comply with them.

Guam may be the most conservative American Territory.  Former Governor Calvo of Guam signed a "shall issue" concealed carry law into effect in 2014.

Silencers were first regulated by federal law in 1934 in the National Firearms Act. The legislative intent, or reason to regulate silencers was not clear at the time. An ATF agent told this correspondent his mentor at the ATF told him the Secretary of the Department of the Interior in the Franklin Delano Roosevelt administration has asked for silencers to be included because of concerns they might be used for poaching in national parks. The heavy handed "banning by taxation" of silencers has been a federal national health disaster. Millions of Americans have lost hearing as a result of the short sighted and uninformed policy decision.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch 

 

 

CA: Oakland - Tagger Stabs men, is Shot

The confrontation happened around 11:27 p.m. Tuesday on the street in the 5300 block of San Pablo Avenue.

According to initial police reports, a 62-year-old man and a 30-year-old man who know each other confronted a 40-year-old man they apparently did not know who was tagging the side of a building, in a fenced-off lot.

The argument escalated, and the 40-year-old man allegedly started stabbing the two other men, authorities said. The younger man then allegedly shot him at least twice.

More Here

AZ: Mesa - Business Owner Assaulted, Shoots, Wounds Suspect

• • A business owner in Mesa allegedly shot a man who was assaulting them on their property on Sept. 9.
  • Police say the owner and suspect had gotten into a confrontation prior to the shooting.
  • The shooting remains under investigation.
    

    
    

    More Here

AL: Birmingham - Altercation between ex-friends Leads to Justifiable Shooting, Death

Investigators believe that a different man arrived at the apartment of an ex-friend. Once inside, the altercation ensued, during which shots were fired.

The second man involved in the shooting remained on the scene and was taken to Birmingham Police Headquarters for questioning.

On Wednesday, Sept. 10, Birmingham Police say the Jefferson County District Attorney’s Office ruled the actions justifiable.

More Here

TX: Houston - Assault leads to Shooting, Death

According to the official statement released by the Houston Police Department, an altercation reportedly preceded the fatal event, involving the now-deceased male allegedly assaulting a female. This significantly escalated to involve a second male, who is believed to have quickly retrieved a firearm during the struggle and subsequently fired at the assailant, resulting in his death.

More Here

Delaware Court Rules Disarming of 18-20-Year-Old Persons Unconstitutional

 

 

 

On July 18, 2025, the Delaware State Sportsmen's Association and the Bridgeville Rifle and Pistol Club sued the Delaware Department of Safety and the Delaware Superintendent of State Police. The lawsuit  challenged a law passed in 2022 which made the possession and purchase of certain firearms by anyone between the ages of 18 and 21 illegal.

The lawsuit was heard in the Superior Court for the State of Delaware by Judge Reneta L. Green-Streett. On August 29, 2025, Judge Green-Streett granted the plaintiffs Motion for Summary Judgement and denied the Defendants' Cross-Motion for Summary Judgement.

With this opinion, 18-20 year olds are held to have full rights to keep and bear arms protected by the Delaware state Constitution.  The case is based on the Delaware state Constitution, article I Section 20.

§ 20. Right to keep and bear arms.

Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.

Delaware added state protection of the right to keep and bear arms in 1987 . Before that, the Delaware state constitution did not have a right to keep and bear arms section. Before 1970, there were 14 states which did not have a right to keep and bear arms provision in their state constitutions. As the push to infringe on rights protected by the Second Amendment accelerated with the federal Gun Control Act of 1968, groups supporting the right to keep and bear arms pushed to place protections in state constitutions, and strengthen those which already existed. Today there are only five states which have no state constitutional protections for the right to keep and bear arms.

In the opinion by Judge Green-Streett, she notes the Delaware Supreme Court upheld Section 20  in 2017. The opinion by Judge Green-Streett is based on the state Constitution and the Delaware Supreme Court precedent. From the opinion:

Third, although federal jurisprudence surrounding the Second Amendment may prove persuasive, this Court’s analysis must be based on the Delaware Supreme Court’s interpretation of the Delaware Constitution. Taken together, along with the axiomatic concept that this Court must follow Delaware Supreme Court’s decisional law regarding Delaware statutory and constitutional law until the Delaware Supreme  Court issues new guidance, this Court will apply the test described in Bridgeville to determine if HB 451 violates Section 20.

Judge Green-Streett declined to use the Federal standards set forth by the United States Supreme Court. She held  "the Delaware provision is intentionally broader than the Second Amendment and protects the right to bear arms outside the home, including hunting and recreation.”

Judge Green-Streett found the exercise of a Constitutionally protected right cannot be reliant on discretionary licensing procedure. From the opinion:

The concealed carry statute’s plain text conveys the process is discretionary. The exercise of a constitutionally-protected right cannot be reliant on a discretionary licensing procedure. That premise particularly applies where, as is the case with an application for a concealed carry permit, an applicant who receives a denial has no appellate options. An 18-to-20-year-old applying for a concealed carry permit, after fulfilling all requirements, may be denied without any recourse to have her constitutional right to possess a firearm for self-defense restored to her.

Judge Green-Streett concluded the provisions of HB451 which infringe on a subsection of adults, are unenforceable. From the conclusion of the opinion:

Article I, Section 20 of the Delaware Constitution enshrined the right of citizens to “keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.” At a minimum, some provisions of HB 451 infringe on the right of a subsection of adults, aged eighteen to twenty, to exercise their right to “defense of self, family, home and State.” Accordingly, those provisions violate the Delaware Constitution and are unenforceable. HB 451’s provisions that do not affect the rights of 18-to-20-year-olds – such as those outlining the rehabilitative services offered to those under the age of eighteen – remain intact. Plaintiffs’ Motion for Summary Judgment is GRANTED, and Defendants’ Cross- Motion for Summary Judgment is DENIED.

IT IS SO ORDERED.

The protection of the right to keep and bear arms in Delaware resulted from far-seeing citizens who pushed for and obtained Section 20 of the Delaware State Constitution in 1987. Protections in Constitutions depend on honest judges to enforce them.

State constitutions, as with the United States Constitution, depend on people with the will to hold officials accountable, in a representative republic. 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch