Sunday, April 11, 2021

Media Misrepresentation: Guardian says Black Gun Ownership up 58.2%


Arizonan with rifle slung at local treat street vendor. Photo courtesy Dean Weingarten

Gun ownership is up in the United States. Record numbers of new gun owners, about eight million, purchased a gun in 2020. In a sensationalist article by the far-left British paper The Guardian, the sub-headline reads: 

Americans bought a record number of firearms last year. Gun ownership among Black Americans is up 58.2%

While it may be wished to be true, the headline is both sensationalist and misleading. Here is the paragraph in the article which purports to support the headline. From the

Americans bought a record number of firearms last year. An estimated 5 million people bought their first ever gun between March and August, according to the National Shooting Sports Foundation (NSSF), a trade organization, and that number continued to climb throughout the year. Black Americans saw the highest increase in new gun owners of any demographic, the NSSF found, with gun ownership in the group up by a staggering 58.2%.

The first, obvious mischaracterization, is the sleight of hand which changes the increase in gun purchasers into an equivalent percentage increase in gun owners.  

The 58.2% increase is based on reporting by the National Shooting Sports Foundation (NSSF).  The report shows the number of black gun purchasers increased by 58.2% in the first half of 2020. 

There is little reason to doubt the mix of customers changed much in the second half.  An increase in black customers does not translate into the same increase in black gun owners, white gun owners, Hispanic gun owners, Asian gun owners or any group of gun owners. To put the increase in black customers in context, the NSSF reported the increases in customers of four groups: 

Black - 58.2%

White - 51.9%

Hispanic - 49.4%

Asian - 42.9% 

Only the four groups were listed.

The number of total gun owners in the United States is notoriously difficult to determine, as is the distribution into various groups.

Before 2020, there appeared to be about 100 million gun owners in the United States.  The number is uncertain because it is based on surveys.

The NSSF reported the percentage of total customers as this: 

Black - 14.7%

White - 72.4%

Hispanic - 9.1%

Asian - 3.8%

While the gun purchases in 2020 appear to have increased the number of gun owners by about 8%, it is a far cry from 58% as reported in the Guardian headline. We would have to know how gun ownership is distributed across the United States before 2020 to understand how much of a percentage increase occurred in each group.

According to a Pew survey done in 2017, about 30% of all adults personally owned a gun. Asians were not broken out. The distribution was this:

Black - 24%

White 36%

Hispanics 15%

Very likely, these numbers represent a minimum. It is easy to understand why people would be reluctant to admit gun ownership to a stranger on the phone. 

The numbers are uncertain because Hispanic is an ethnic group which may be any race. 

As the Guardian article focused on black people, consider those numbers. Black people are about 13.4% of the U.S. population.  Adult black people are about 31.5 million people in the US. 

If 24% were gun owners, that would be about 7.56 million self reported black gun owners before the increase in 2020. 

The total increase in 2020 was about 8 million new gun owners. According to the NSSF, 14.7% of them were black.  That calculates to 1.176 new black gun owners. 1.176 million is about a 15.6% increase in gun ownership by black people. It is a significant increase, but not the sensational 58% mischaracterized in the headline.

Contrary to the Guardian's selected quotes, gun owners and the NRA welcome all colors into the ranks of the gun culture.  

Black people, prevented from legal gun ownership by racist gun laws in the past, have some catching up to do.

Professor John Lott has said minorities in crime ridden urban centers derive the most benefit from increased legal gun ownership. From Dr. John Lott:

 My research has demonstrated that the two groups that benefit the most from carrying guns are the likeliest victims of crime (poor blacks in high-crime urban areas) and people who are physically weaker (women and the elderly). Dozens of published peer-reviewed studies find similar results.

It makes sense those who are at the highest risk of crimes of violence would benefit the most from being armed. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Saturday, April 10, 2021

TX: Domestic Defense, Gunfight between Step-son and Step-father

The victim was at his residence when his stepson, Jefferson, arrived to pick up his brother. Jefferson and his step-father got into a verbal argument which led to Jefferson producing a pistol. The step-father also produced a pistol and both men exchanged gunfire. Jefferson suffered a gunshot wound to the left arm and the step-father was not injured.

Jefferson fled the scene and was later found at an area hospital. He was taken into custody and subsequently charged for his role in the incident.


More Here

KY: Jerry Coleman Shoots David Taylor in Self Defense

Investigators said David Taylor was shot by Jerry Coleman.

Taylor and Coleman were taken to Pikeville Medical Center with non-life threatening injures, according to investigators.

Coleman was not charged.

More Here

Friday, April 09, 2021

NY: Armed Resident Shots 1 of 2 Home Invaders

Fogo and Wilson began beating the resident of the apartment. Another individual in the apartment fired his weapon and struck Wilson, he added.

Fogo and Wilson then fled the area. The individual who fired the weapon is a licensed gun owner and provided the state police with all proper documents.

More Here

OR: Homeowner Suspects Raccoons, Holds Suspect Theives for Police

"I’ve been having some problems with raccoons, and so I thought it was raccoons," said the homeowner who asked to not be identified. "I grabbed my 22 and went out to see what the noise was and then I caught three people in the act of stealing my catalytic converter. One of them was under the car, and one was, I think, he was the lookout or something and then there was a woman who was driving."

The homeowner says he was able to keep the three people from getting away until police arrived.

More Here

Thursday, April 08, 2021

NICS all time record for March, 2021, Gun Sales Down 20% from Record set in 2020

Chart produced by David Scott for this article

The total National Instant background Check System (NICS) checks In March of 2021 were an all time record for the month. The total checks done were reported at 4,691,738. The next highest month was January of 2021, with 4,317,804. The third highest month was 3,937,066 in December of 2020. Those numbers are very large. They reflect the continuing expansion of use of the NICS system for purposes other than firearm sales. Most of the increase is in carry permit and carry permit rechecks.

There were about 2.6 million permit and permit rechecks, about .66 million permit checks and 1.94 permit rechecks. Over 1.35 million of the permit rechecks were from Illinois, which appears to be rechecking permits nearly every day. 

Very close to two million guns were sold as estimated by the records in the NICS system, in March 2021.  Most of those were pistols, over 1.1 million, with about .67 million rifles, the remainder being classified as other and multiple sales. It is the second highest March on record for firearm sales.

A year ago, in March of 2020, an estimated 2.37 million firearms were sold in the NICS system.

The ATF certifies 25 states to substitute various permits for NICS checks, because the permit required a NICS check already. Roughly 7 million people have permits which can be substituted for a NICS check. Firearm sales conducted with one of those permits are not included in the NICS firearm sales numbers. 

The number of privately held firearms in the United States, with the increase of 2 million more last month, is about 470 million. The estimate is made using the method pioneered by Newton and Zimring, and extended by Gary Kleck in “Point Blank: Guns and Violence in America”. 

While demand for guns and ammunition remain at historically high levels, the recorded sales of  guns has dropped a slight amount compared to last year. This may be due to some demand being satisfied. Firearms are durable goods which, with a little care, can remain effective and operational for hundreds of years.

Ammunition, if stored under reasonable conditions, appears to remain effective for more than a hundred years.  Ammunition is an expendible commodity. It may be the exceptional demand for ammunition, which has emptied store shelves, is dampening the demand for firearms. 

In spite of increases in productive capacity, demand has far outstripped the supply of ammunition.

As Mahbub  Ali  noted in chapter 10 of Kipling's iconic novel "Kim", "of what use is a gun unfed?" .

Both political unrest and increasing crime in urban centers are driving the demand for firearms and ammunition. 

The more media coverage and promotion of restrictions on the ownership of firearms, the more the demand rises. The desire for personal arms is on both sides of the political divide.

Firearm and ammuntion manufacturers are producing product at maximum capacity. 

The demand is fierce. Reloading supplies and equipment are sold as fast as they are being produced. 

Even the recharging of used primers is being explored and refined. 

Firearms are a 500 - 600 year old technology.  It cannot practically be unlearned. 

In countries with 150 years of strong restrictions on gun ownership, the demand is met by black market gun and ammunition production.

Only in the United States is the natural demand allowed to be met by legal production and distribution channels. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Wednesday, April 07, 2021

CA: Ninth Circuit Appeals Court Finds there is no "Right to Bear Arms" in Second Amendment



The Ninth Circuit Court of Appeals, in an en banc panel, has found there is no "Right to Bear Arms" in the Second Amendment of the United States Constitution. The majority opinion was written by Judge Bybee.

The case is the long delayed Young v. State of Hawaii. It will undoubtedly be appealed to the United States Supreme Court (SCOTUS). Whether SCOTUS will grant a writ of Certiorari is unknown at this time. SCOTUS has refused to grant a hearing to nearly all Second Amendment cases for over a decade. 

On 15 June, of 2020, SCOTUS refused to hear ten pending Second Amendment cases.  The consensus, at the time, was the Court was evenly split, with four justices likely in favor of enforcing the Second Amendment, and four justices in favor of gutting the Second Amendment. Justice Kennedy was considered a swing justice which could go either way. Therefore, neither side was willing to risk a case which might go against their desires.

Since then, Justice Kennedy has retired. Justice Ginsburg has died. They were replaced by Justice Kavanaugh and Justice Barrett. Both were advertised as strong originalists and textualists, who would uphold the Constitution as written. 

The ruling class considers SCOTUS to have a strong conservative majority. It is far from clear. Chief Justice Roberts' opinions turned sharply to the Left with his controversial opinion which upheld the constitutionality of Obamacare. Roberts  was reported as bullying SCOTUS into finding the State of Texas did not have standing to sue regarding constitutional irregularities in the 2020 elections.

Several seminal cases are coming before SCOTUS. Senate Majority leader Schumer directly threatened the court in March of 2020. Many think the threat was effective. 

The majority in the Young v. State of Hawaii relies on two weak arguments. One is the qualifier sentence which Justice Stevens bragged about as being inserted into the Heller decision as the price of obtaining the vote of Justice Kennedy to uphold the Second Amendment. From the

His only success, he said, was in getting Kennedy to persuade Justice Antonin Scalia to include language limiting the reach of his majority decision in Heller.

The limiting language was: 

 The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

The majority takes this sentence out of Heller and claims that an 1852 law made in the Kingdom of Hawaii, before it was ever part of the United States, shows a ban on the open carry of arms is long standing. There are numerous other references to a scattering of local laws and decisions, often out of context. The claim is that banning the open carry of firearms is a long standing prohibition. It is a false claim, as noted in the dissent by Judge O'Scannlain:

Respectfully, the majority’s opinion—and in particular,its extreme and bizarre reliance on the mere fact of some historical regulation of firearms—represents a gross misapplication of the textual and historical inquiries that Heller demands.

The majority uses long winded, and often, out of context quotes from irrelevant laws, to obfuscate the irrelevancy in 109 pages. 

The second argument is to ignore the right to bear arms, because Heller did not specifically cover the right to bear arms outside the home. In other words, because the Supreme Court did not directly mention it in Heller, it does not exist. 

Judge O'Scannlain, dissenting, states it bluntly:

The Second Amendment to the United States Constitution guarantees “the right of the people to keep and bear Arms.”U.S. Const. amend. II (emphasis added). Today, a majority of our court has decided that the Second Amendment does not mean what it says. Instead, the majority holds that while the Second Amendment may guarantee the right to keep a firearm for self-defense within one’s home, it provides no right whatsoever to bear—i.e., to carry—that same firearm for self-defense in any other place.

The Ninth Circuit is the most overturned Circuit in the country. It will take time to appeal the case to the Supreme Court. The Supreme Court is not required to take it. Several other cases are in process about the right to bear arms outside the home. 

There were eleven judges on the en banc panel at the Ninth Circuit. Six were appointed by Republican presidents. Five were appointed by Democrat Presidents. All the Democrat appointees and two of the appointees by G.W. Bush voted to eviscerate the Second Amendment. It was a seven to four decision.

Majority Judges:

Sidney R. Thomas, Chief Judge, appointed by President Clinton

M. Margaret McKeown, appointed by President Clinton

Kim McLane Wardlaw, appointed by President Clinton

William A. Fletcher,  appointed by President Clinton

Richard R. Clifton,  appointed by President  G.W. Bush

Jay S.Bybee, appointed by President G.W. Bush

Michelle T. Friedland  appointed by President Obama

Dissenting Judges: 

Diarmuid F. O’Scannlain, appointed by President Reagan

Consuelo M. Callahan, appointed by President G.W. Bush

Sandra S. Ikuta, appointed by President G.W. Bush

Ryan D. Nelson,  appointed by President Donald Trump

The dissent by Judge O'Scannlain is well worth reading. 

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

Gun Watch 



Tuesday, April 06, 2021

Brit Contractor Discovers Guns Save Lives During ISIS Attack in Mosambique



Image from Wikimedia Commons Public Domain Flag of Mozambique, cropped and scaled by Dean Weingarten

On Wednesday, 24 March, a force estimated to be between 100 and several hundred Islamic terrorists attacked the Mozambique city of Palma, which is on the coast of east Africa, in the north of Mozambique, near the Tanzanian border.  Palma has bout 75,000 residents.

The Islamic State (ISIS) in Africa has been growing, according to a U.S. official. From

 The US Department of State's acting special envoy for the global coalition to defeat ISIS, John Godfrey, told reporters the attack was in line with what has been seen from Islamic State in Mozambique and said the US government is closely monitoring events.

He cited what he said was the brutality of the attack and the killing of civilians as well as the increased brazenness of the group, which is now seeking to hold some towns.

Two  days after the initial attack,  it appears a number of foreign nationals attempted to flee the hotel they were in, with a convoy that had been organized to carry them to a nearby beach. An unknown number of ISIS terrorists attacked the convoy near to the hotel, in what may have been a hasty ambush.

Seven of ten vehicles in the convoy are reported to have escaped, which implies three did not. A member of the group in the last three vehicles was proficient with firearms.  From

The former cop was at the back of a convoy of expats that came under heavy fire from militants while leaving Palma in northern Mozambique, on Friday evening, reports the Times.

Mr Alexander, a contractor building camps for gas workers in Africa, has since made contact with his daughter Jayde, 29, in Johannesburg.

“He saw the commotion with the ambush ahead and got out,” she revealed.

“There was a government vehicle with an AK47 in it, so he broke in, got it and shot dead two al-Shabaabs [militants].

"He and two others from the car then ran to hide into the bushes with the gun.

"They were literally crawling through the bush until they were rescued.”

BBC claimed hundreds of heavily armed  islamic terrorists were involved. A mother of one of the British citizens, who was murdered, was interviewed:

"No army to protect them, none of them having weapons, so it was a matter of run for your life or face these insurgents, who are so cruel and barbaric," she added.

Hundreds of heavily armed militants raided Palma, leaving dozens of people dead. They included Nel and six others who were in a convoy of vehicles that was apparently ambushed.

The Small Arms Survey reported Mozambique was the least armed country in Africa, with only .04% of the population legally owning a firearm. Illegal ownership was more widespread. About 1.5% of the households were reported, in a survey, to have a gun not related to the military or police, in 2004.

The legal restraints on gun ownership in Mozambique are extreme. There are no dealers in legal firearms in Mozambique.

Africa as a continent has about 16% of the world's population, and 18% of the world's death connected to firearms. Mozambique's murder rate is reported at 3.5 per 100,000. The number is barely more than a guess. The rates Mozambique as average in safety for Africa.

While crime statistics are not readily available, Mozambique has a high level of robbery and theft, spiking during the holiday season. One type of robbery involves several assailants who brandish weapons (e.g. knives, machetes, firearms). In most cases, victims escape unharmed after giving up their wallet or cell phone. This type of crime increases in frequency in December and January.

In many African countries, there is no rule of law as exists in Western Civilization. There are organized people with guns, and everyone else. Those without guns obey those who have the force to compel obedience.

Mr. Alexander's skill with firearms stopped the murder of himself and his companions, by shooting those who intended to kill him and his companions.

It was classic self preservation. 

A few hundred armed Islamic terrorists are wreaking havoc on the northern parts of Mozambique. They could not terrorize an armed population, which would rise up against them.

They could not easily murder western contractors, if the contractors were armed. 

The government of Mozambique has hired Western mercenaries to deal with the terrorists, as government forces seem incapable of doing so.

When a government does not trust its own people with arms, (or its own army) the hiring of mercenaries is all the more attractive.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Dean Weingarten Quoted in Newsweek on Open Carry in Walmart (in 2019)

Being quoted in Newsweek would have been a more important incident in 1990. In 2019, not so much. The media landscape has changed in important ways. The mention in Newsweek means the media is more diverse. The voices of Second Amendment supporters are no longer so suppressed as to be readily ignored. From

Meanwhile, other customers have, with less public attention, begun to test the reaches of Walmart's policies by carrying on as usual, and without apparent incident from store managers. On the gun-rights blog AmmoLand, firearms instructor Dean Weingarten posted about his venture into an Arizona Walmart while openly-carrying. He reported that he was able to complete his purchase and exit the store without complaint.

Weingarten is hardly the only gun-rights activists to take Walmart's "request" at face value. David Amad, an executive of the group Open Carry Texas, told The New York Times that many of his 38,000 members have openly carried inside a Walmart without pushback from management since the announcement.

It is a small ego boost. While difficult to measure, I suspect AmmoLand has more reach and influence than Newsweek. The mere fact an alternate viewpoint is acknowledged to exist, is the most significant point.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Monday, April 05, 2021

Tennessee on the Brink of Strong Constituional Carry

 Map of Tennessee from wikimedia, cropped scaled and green text added by Dean Weingarten

Tennessee is on the brink of passing a strong Constitutional Carry bill. HB0786 originally relied on the requirements needed for an advanced carry permit in Tennessee. 

The requirement made the bill somewhat unclear. The Tennessee Senate amended the bill to change the "advanced carry permit" section to a requirement the person be 21 years of age or more, with exceptions for people who served in the military. The bill passed the Senate on 18 March, 2021.

On 29 March 2021, The House passed the bill without amendment.

The bill amends Tennessee Code 39-17-1307 by adding section (g).

The bill has been enrolled. It needs to be signed by the House and Senate Speakers, before being sent to Governor Lee. It seems a done deal. The celebrations should wait until the bill is signed into law.

Here is the language of the Constitutional Carry bill SB0765. From

by deleting the amendatory language of Section 1 and substituting instead the following:

(g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and:


(A) The person is at least twenty-one (21) years of age; or

(B) The person is at least eighteen (18) years of age and:

(i) Is an honorably discharged or retired veteran of the United States armed forces;

(ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or

(iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;

(2) The person lawfully possesses the handgun; and 

(3) The person is in a place where the person is lawfully present.

 AND FURTHER AMEND by inserting the following new section immediately preceding the last section and renumbering the subsequent section accordingly:

The new law mimics the requirements of current carry permit in general, including prohibiting carry by a class of individuals which may be unique to Tennessee.

Anyone convicted of a Driving Under the Influence (DUI) in the last five years, or two DUI offenses in the last 10 years, would be unable to carry a firearm with the intent to go armed. That prohibition is in the current permit law 39-17-1351.

Tennessee Governor Lee is expected to sign the bill.


Iowa has sent a clear Constitutional Carry bill to Governor Kim Reynolds. She will probably sign the bill. 

If the governors of both Iowa and Tennessee sign their respective bills into law, Iowa and Tennessee will become the 19th and 20th members of the Constitutional Carry club.

Nineteen states will have restored Constitutional Carry, joining Vermont, the only state to maintain Constitutional Carry through the slave era, the black codes in the aftermath of the Civil War, and the Progressive era, where laws against concealed carry were passed to disarm various minorities groups from slaves to new immigrants, who were out of favor.

20 states, or 40% of the Union is a number which cannot be ignored. It is almost exactly 50% (49.4%) of the land area of the United States.  The 18 current Constitutional Carry states are: 

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

The states are large and small, with large urban centers and large rural areas, on the Pacific and Atlantic coasts, and in the middle of the country. 

The next most likely candidate for restoring Constitutional Carry is Indiana.

If Constitutional Carry passes in Indiana, more than 50% of the land area of the United States will be under close approximations of carry law as it existed when the Second Amendment was ratified in 1791. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

FL: Car Thief Shot by Security Guard, Four High-end Cars Stolen

A security guard that worked for the homeowner noticed what was happening and opened fire, striking a subject who was inside a Range Rover.

A second subject got out of a parked Rolls Royce and fled with the other subjects in a white Porsche 911 (Florida plate QQI-K17) and a green Lamborghini Urus (Florida plate QGL-I53).

The injured subject inside the car refused to cooperate with officers and barricaded himself inside the vehicle for several hours, which called for a hostage negotiation team to respond to the scene. Eventually the suspect surrendered and he was taken to Jackson Memorial Hospital where he is listed in critical but stable condition.

More Here

KS: Gun Beats Crowbar in Manhattan Self Defense Shooting

Riley Co. Police say a man, 21, and a woman, 20, were in an isolated altercation with a 33-year-old man, who was found suffering gunshot wounds near the intersection of 3rd and Kearney.

RCPD Director Dennis Butler told 13 NEWS that the shooting stemmed from an apparent road rage incident, and the man was approaching the couple with a crowbar when he was shot.

Butler said the 21-year-old man, who was the car’s driver, opened fire in self-defense.

More Here

Sunday, April 04, 2021

Use a Gun in Chicago, in Self Defense No FOID, Go to Jail


From wikicommons maps, South Deering on the South side of Chicago, cropped and scaled by Dean Weingarten

On Monday, 22 March, in Chicago, 15 people were recorded as being shot. Three of them were killed. One of those shot is recorded as acting in self defense, on the South Side of Chicago. From the Chicago Sun Times:

An hour prior, a man was shot in South Deering on the South Side. They were sitting in a parked vehicle about 10 p.m. in the 2500 block of East 109th Street when two people walked up to them and fired shots, police said. A 25-year-old man was struck in the face and grazed in the neck area. He pulled out his own gun and returned fire but did not strike anyone.

He was taken to the University of Chicago Medical Center in fair condition. Police said a handgun was recovered at the scene, and the man does not have a valid FOID card or concealed carry license. He was taken into custody and charges are pending.

The case is of interest because it appears to be self defense; the police do not mention the injured man as having any prior convictions; and the 25-year-old who was shot did not have a Firearms Owner Identification Card (FOID) or a Concealed Carry license.

The backup to obtain an FOID in Illinois was about  four months in 2020. It is supposed to be done in 30 days. The backup was another four months, on average, for a CCW permit. An FOID is required before a CCW can be applied for.  Several lawsuits have been filed. In March of 2021, the same numbers were cited. 

Part of the back-up is caused by significant demand for both the FOID cards and CCW permits.  In Chicago, there are other significant barriers. The CCW permit requires to have time spent at a range. No public ranges have been approved by the City Zoning Commission.  Carrying a gun on public transportation is forbidden. There is an exception for carrying a gun, unloaded, in a case, but it may not be well known. 

If someone depends on public transportation, this places a significant obstacle to obtaining a CCW in Chicago.

If this correspondent were the young man who shot at attackers, after being wounded, I would want my attorney to point out how difficult it was to legally carry a gun in Chicago.

The police report "a handgun was recovered at the scene".  It is difficult to know exactly what that means. It might mean the person arrested is keeping his mouth shut. 

The case seems a good example of why Constitutional Carry is needed. The person who, it appears, the police believe was defending their and another person's life, has been arrested after being wounded, for lack of paperwork which is very difficult to complete, in Chicago.

A famous English politician, William E. Gladstone once said, in 1868: 

Justice delayed is justice denied.

 Martin Luther King slightly mis-quoted him in the letter from Birmingham Jail. 

Justice too long delayed is justice denied.

 The sentiment goes back to at least 1646.

At what point does the refusal or inability of the state to issue permits in a reasonable amount of time, become a violation of fundamental Constitutional rights? 

The numerous lawsuits filed in Illinois may provide an answer. 


John Lott, the famous researcher on the effects of legal concealed carry, has often written that minorities in crime-ridden urban areas, show the most benefit from an increase in the legal carry of firearms.

My research has demonstrated that the two groups that benefit the most from carrying guns are the likeliest victims of crime (poor blacks in high-crime urban areas) and people who are physically weaker (women and the elderly). Dozens of published peer-reviewed studies find similar results. —Texas & U.S. Law Shield Contributor Dr. John Lott, Jr.

There is a long-standing soft racism belief that minorities cannot be trusted with guns. That racism is strong in Chicago. 

 The song "Bad Bad Leroy Brown" reflected the stereotype of life on the South Side of Chicago.

On 2 February, 2013, State Representative Dunkin stated black people have been kept unarmed in Chicago, because their communities are where the concentration of poverty and crime exists. From representative Duncan: every state, the crime, the concentration of crime, and again, the abject poverty exists, exists exclusively and criminally in our community.

This correspondent reported on the Town Hall, 3rd Legislative District on 3 February, 2013.  The report included a link to the video of the town hall.

Unfortunately, the video no longer seems to be available on the Internet. I originally miss-spelled Dunkin as Duncan. Reference to the town hall is still noted at this link. An audio clip that cuts out Dunkin's statement listed above, is available at this link.  It shows the context is correct. In a show of hands at the town hall, 30 of 80 participants said they would seek a concealed carry permit. 

A partial Youtube video is still on line. It only shows the NRA representative Todd Vandermyde. 


Dunkin's straight talk was not appreciated by the powers that be in Chicago.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch








CA: Long Beach Home Invasion ends with 2 of 6 Invaders Shot, Killed

A chaotic break-in at a Long Beach home where police later found drugs and guns ended in violence Saturday afternoon, when the resident shot two men to death after they barged in with four others, who fled.

The incident unfolded at around 5 p.m. in the 3700 block of E. Esther Street, Long Beach police said in a statement. That’s when at least six men broke into a home and attempted to rob a man inside, leading to a scuffle.

The resident pulled out a gun and fired at the men, striking two — one man died inside the house, and another collapsed on the walkway outside. The other men were gone when police arrived, according to the statement.

Police haven’t said why the men broke into the shooter’s house, initially only saying on Saturday that they found guns and “other items” inside the home. On Sunday, officials said that officers served a search warrant at the home and found “large quantities of marijuana, firearms and cash.”

More Here

VA: Domestic Defense, Grandson Shot while Attacking Grandmother

Police said the shooting occurred about 10 p.m. outside a home in the Campbell Creek subdivision. The shooting victim had been at the home earlier in the day, police said. During that visit, police said, he struck his grandmother in the head with a pair of pliers and took her car.

When he returned to the home Thursday night, Lippa said, another relative was there to protect the grandmother. During the ensuing altercation, Johnson was shot.

The man suspected of shooting Johnson had not been charged as of Friday, Lippa said. The investigation is still in progress.

More Here

CO: Domestic Defense, Violation of Restraining Order results in Shooting

As the incident escalated, the ex-boyfriend began assaulting the man, and the man retaliated by firing his gun several times. The man told officers he was not sure if the suspect was injured.

“Responding officers initiated a case report for a restraining order violation as well as stalking. The officers did not come in contact with the estranged boyfriend at this time,” CSPD said.

About nine hours later, police were called to the same street block on reports of a man lying facedown and very still in the snow. Responding officers determined that the man was dead, and it was the same suspect from the night before. He has since been identified as 41-year-old Ottah Williams.


More Here

Saturday, April 03, 2021

AK: Nick Moore Stops Robbery Attempt, Gets Free Breakfast

"I put my stuff on the counter, snuck out the door, ran to my car, grabbed my pistol and came back up to the door — and as I came up the door, he just turned to look at me. I racked my slide on my pistol and pointed it at him and he put his hands up," Moore said. After coming back inside the store, he told the teenager to put down his knife and lay face-down on the floor while waiting for law enforcement to arrive.

More Here

CA: Video of Off Duty Officer who Shot at Suspects in an Attempted Homicide

Long winded explanation and warnings by LA PD, then two short video clips of incident from surveillance cameras.

Link to video

OK: Lookeba Burglary Becomes Gunfight, Suspects Followed, Suspects Arrested

“When he (the suspects) entered the house, the homeowner fired a shot in his direction, didn’t hit anybody,” said Davis. “Then the suspect fired a shot back at the homeowner.”

The homeowner’s family member began chasing both suspects as they drove away. The suspects began firing shots through the sunroof as they did.

The suspects eventually crashed into a tree nearby and ran away on foot.

Calls were made to dispatch as citizens spotted the two suspects in a field.

More Here

Friday, April 02, 2021

Wyoming Improvement of Constitutional Carry Likely: Incrementalism Works





 Great Seal of Wyoming from wikimediacommons US Government public domain, cropped and scaled by Dean Weingarten

Wyoming is on the cusp of a needed improvement of their Constitutional Carry law. In 2011, Wyoming was only the third state to restore Constitutional Carry.

Constitutional Carry is a close approximation of the state of law that existed when the Second Amendment was ratified in the United states, in 1791. At that time, there were no permits required to carry weapons in most public spaces, either openly or concealed.

States and the Federal government did not impose legal burdens on the carry of weapons, openly or concealed, for two generations after the ratification of the Second Amendment. 

Gradual infringements on the carry of arms were passed in some states in fear of slave revolts, newly freed slaves after the Civil War, and during the Progressive era. 

Only one state refused to infringe on Second Amendment rights. It always had one of the lowest crime rates in the United States. It was Vermont.

As a growing movement called for constitutional limits to the advancing tyranny of the administrative state, Alaska restored Constitutional Carry in 2003. 

Arizona, I am proud to say, restored Constitutional Carry in 2010. 

Wyoming was the third state to restore Constitutional Carry, in 2011. The bill was not perfect. It had a flaw. It only applied to Wyoming residents. A person had to have been a resident for six months before it applied. 

This compromise was required to get the bill passed. It was 95% of Constitutional Carry. The residency requirement would probably be ruled unconstitutional on equal protection grounds, if challenged in court. This correspondent has not found any evidence it has ever been challenged. 

It appears the flaw is about to be rectified.

The Wyoming legislature is in the process of passing HB116. HB116 removes the residency requirement for Constitutional Carry. It has already passed the Wyoming House, 56-4. It has passed the Senate Judiciary Committee, 5-0. It will likely pass the Senate and be signed into law. It is a very simple change in the law:

(a) A person who wears or carries a concealed deadly weapon is guilty of a misdemeanor punishable by a fine of  not more than seven hundred fifty dollars ($750.00),  imprisonment in the county jail for not more than six (6)  months, or both for a first offense, or a felony punishable  by a fine of not more than two thousand dollars 7 ($2,000.00), imprisonment for not more than two (2) years, 8 or both, for a second or subsequent offense, unless:
 (iv) The person does not possess a permit issued under this section, but is a resident of the United States and otherwise meets the requirements specified in paragraphs (b)(ii) through (vi), (viii) and (ix) of this section and possession of the firearm by the person is  not otherwise unlawful.

 The bold letters show the changes to the law. Currently, (b)(i) includes this language

(i) Is a resident of the United States and has been a resident of Wyoming for not less than six (6) months prior to filing the application.  The Wyoming residency requirements of this paragraph do not apply to any person who holds a valid permit authorizing him to carry a concealed firearm authorized and issued by a governmental agency or entity in another state that recognizes Wyoming permits and is a valid statewide permit;

The (b)(i) requrement for Constitutional Carry is eliminated by HB116, eliminating the requirement for Wyoming residency.  It is left in place for the issuance of Wyoming permits, and reciprocity with other states.

There have been only three states which limited Constitutional Carry to their own residents. They were Wyoming, Idaho, and North Dakota. 

Idaho removed their state residency requirement a year ago, in March of 2020. It appears Wyoming will remove their state residency requirement this year, although the bill has not yet been passed and signed into law.

That only leaves North Dakota with a state residency requirement for Constitutional Carry. 

This could change at any time. Iowa is very close to passing Constitutional Carry. The bill does not appear to have a state residency requirement.

Indiana and Tennessee are likely to pass Constitutional Carry reforms this year.  It will not be certain whether either state will have a residency requirement until the final form of each bill is known. 

Several other states have Constitutional Carry in process, which may or may not pass in 2021.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




FL: Mistaken Identity Shooting, Officers Fire Shots at Store Owner

“It scared me to death honestly,” Alissa said. “I really was scared to death.”

Alissa says he heard some commotion and thought his employee in the front was being robbed or hurt.

“I barely open the door, and I put my head out the door,” Alissa said. “The police officer… she was standing over there, she started shooting at me, three times she shoots, I close the door and get back.”

His surveillance cameras were ripped from the ceiling and there are 14 bullet holes in the wall. One of those narrowly missed him in the room. He says he did have a gun, but when he realized it was law enforcement, he threw it on the bed and said that aloud.


More Here

TX: Domestic Defense, Woman Shoots Ex who Assaulted Her

Police say initial investigation revealed that Hammond-Williams was moving out of the residence today when he punched Carrion in the face and left the apartment.

Carrion called 911, followed Hammond-Williams out of the residence to obtain the license plate of his vehicle, and then returned to the residence and walked inside.

Shortly afterwards, Hammond-Williams returned to the residence and kicked the front door open. Police say Hammond-Williams grabbed Carrion’s leg as she moved upstairs. Sometime after that point, LPD says Carrion turned and shot Hammond-Williams.

More Here

CA: Home Owner Disarms Home Invader, Shoots, Kills 1 of 2

Investigators said one home-invasion suspect is dead and another on the loose after a deadly struggle in a Mount Hope home overnight.

The incident happened just before 9:15 p.m. on 43rd Street, south of Market Street. Police said a resident called 911 and told dispatchers he had shot someone who tried to rob him.

Upon arrival, officers found a man with a gunshot wound in the living room. Medics responded and gave CPR to the man who was shot, but he did not survive despite additional lifesaving efforts made by paramedics and being taken to a hospital.

More Here

NM: Domestic Defense, Homeowner Shoots Four Home Invaders, Kills 1, Wounds 3

Police are investigating a recent quadruple shooting that left one man dead as a justifiable homicide after they say the four men targeted had broken into the shooter's Albuquerque home and attacked him.

The March 27 shooting left Neil Green, 26, dead and injured Green's brother Vincent, 26, stepfather James Apodaca, 47, and friend Daniel Acosta, 26.

Albuquerque Police Department spokesman Gilbert Gallegos said the three injured men have been charged with aggravated burglary, aggravated battery with great bodily harm and conspiracy.

More Here

IL: Off Duty Officer Shoots Man Breaking into Officer's Home

An off-duty Chicago police officer shot someone breaking into their home in Portage Park in the second police shooting early Wednesday on the Northwest Side.

The officer shot the man in his face about 12:55 a.m. as the man broke into the officer’s home in the 3100 block of Belle Plaine Avenue, Chicago police said.

More Here

Detroit Suspect Snatched Open Carry Pistol on Video

Link from Youtube

On 28 January, a young man in a red hoodie snatched a pistol from a man openly carrying it, in Detroit, Michigan. The robbery occurred in the BP gas station at Seven Mile and Wyoming Ave.  A confederate held the store door open.  It was unclear if there was another confederate in the getaway vehicle. The getaway vehicle did not have a rear license plate.


Google maps BP at Seven Mile and Wyoming, cropped and scaled by Dean Weingarten

The man openly carrying the pistol was identified as being 53 years old. The surveillance video, released on 20 February, reportedly by the Detroit Police Department, shows the snatch. The open carry victim is busy at the counter with his wallet in his hand.

It appears the crime was not a crime of opportunity, but was planned. The perpetrator in the red hoodie does not have to discern the pistol and make a decision. The snatch is done as soon as the pistol is seen. The perpetrator appears to know what is available and what he is going to do. 

The pistol appears to be in a simple clip-on holster, which is merely clipped to a pocket. There does not appear to be any retention strap. The image of the black pistol, in a black holster against black pants makes resolution of the details difficult. 

Screenshot of image from video surveillance released by the police, cropped and scaled by Dean Weingarten

Some early accounts indicated the thief pointed the stolen gun at the owner. That is incorrect. The gun pointed at the owner is a different gun with an extended magazine. The thief was prepared for the robbery in advance. 

The resolution of the video makes it difficult to determine if the thief snatched the pistol in the holster or snatched the pistol from the holster. 

Screenshot of image from video surveillance released by the police, cropped and scaled by Dean Weingarten

It is difficult to stop a crime that is well planned, with confederates, to take advantage of a vulnerability. In this case, the man at the counter had his attention occupied, his hands occupied with his wallet, and the pistol had very little retention. 

The robber was armed with their own deadly weapon, or reasonable facsimile thereof.

Kofi Kenyatta tells fox2detroit there is a current backlog of applications for concealed pistol licenses in Wayne County, Michigan, where Detroit is located. From

Kofi Kenyatta is the co-founder and vice president of the Black Bottom Gun Club which advocates for the Second Amendment and promotes safe and responsible gun ownership in Detroit and the surrounding areas.

"As I watched the video I definitely don’t want to blame the victim here, but it’s important that we have a perception of the elements in our immediate environment and make sure that we are aware of surroundings, alert to potential threats as well as being ready and able to react to actualized threats," Kenyatta said. "Based on the feedback from the numerous instructors that are part of the Black Bottom Gun Club, there are many new Wayne County and Detroit firearm owners - and unfortunately they don’t have the ability to properly, legally obtain their CPLs."

Kenyatta is referring to the nearly year-long wait to get an appointment with the Wayne County Clerk to apply for a Concealed Pistol License. He and others believe that could lead to more people open carrying.

 Renewing permits takes much less time than obtaining a new permit, because of reforms passed in 2015. Many experiences are posted at at

About two weeks ago, a resident of Wayne County recounted obtaining a renewal in five days.

RENEWAL Online 5 days

Received my online renewal confirmation on Feb 1. Post marked on Feb 4th. In my hands on February 6th.
People who carry concealed also have their firearms stolen, sometimes because the robbers do not know they have a firearm.

A retired officer thought the whole situation might be fake, a set-up to obtain clicks. It appears it was pre-planned.

One obvious lesson is to use better firearm and holster retention. There are many better choices for open carry than a  simple clip-on holster.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch  


TX: San Antonio Man Shot as He Crawled Through Window

SAN ANTONIO (KTSA News) — A man has been shot to death as he tried to climb through a window of a home on the East Side.

Police were called to the home on Shelburn Drive at around 10 P.M. Sunday.

More Here

IN: Domestic Defense? Woman Shoots Man in Neck

According to Indianapolis Metropolitan police, officers were dispatched to an apartment at 7600 Kingsport Road around 1:10 p.m.

Police said a woman shot a man in the neck during a domestic situation in which the man was “being aggressive” with the woman.

More Here

VA: Tragic, 12-Year-Old Shoots Father by Mistake

A 31-year-old Clays Mill man died Friday afternoon due to a gunshot wound after his 12-year-old son mistook him for someone breaking into the home.

He had been home alone, according to Sheriff Fred S. Clark, and earlier in the day, “something spooked him” causing him to retrieve a .22 caliber rifle.

Later in the day, his parents came home at a different time than when they usually do, and when the son heard someone at the door, he shot down the hallway, said Clark.

It wasn’t until his mother yelled that he realized that it was his parents coming in the door, according to the sheriff.

More Here

Wednesday, March 31, 2021

OH: 22-Year-Old Shoots Man who Attacked Him

At about 3:20 a.m. Saturday, police said 22-year-old DeOndre Smith, of the Blacklick area on the Far East Side, was driving at Vine and Kilbourne streets Downtown when he was approached by two teens. Police said Cameron Kates, 19, punched Smith and reached for his waistband. Smith, a conceal carry permit holder, drew his gun and shot Kates and Junior Mugisha, 19, who was not seriously injured.

Kates died at 3:46 a.m.  

Police said the case will be forwarded to the Franklin County Prosecutor's office for a determination of whether charges should be filed.

More Here

WA: No Shots, Woman with Gun Calls Police on Man Attempting Break-in

KPD says a woman called about an armed man with a two-by-two steel pipe, who was trying to break down her door.

Police say the woman had a gun and barricaded the back door while waiting for officers.

More Here

KY: Ohio County Homeowner Shoots, Wounds Intoxicated Intruder

According to authorities, Joe Snooks, of Paducah, was trying to get inside the residence when the homeowner fired one round from his handgun and shot Snooks in the right knee to protect himself and his family.

We are told Snooks appeared to be under the influence of an intoxicating substance.

More Here

FL: Occupant of Daytona Beach Motel Room Shoots, Wounds, Intruder

They said the people in the room shot at the intruders, hitting one of them.

"The pair attempted to enter the room via a window, awakening an occupant who fired a gun at them, injuring the male," the Volusia County Sheriff's Office said. 

More Here

Tuesday, March 30, 2021

Iowa Constitutional Carry Bill Passes House, Senate


 Iowa state seal

Constitutional Carry is an approximation of the state of law in the United States when the Second Amendment was ratified in 1791. At that time no permit was required to carry a weapon either openly or concealed in the United States.

The Iowa House voted on 18 March, to pass HF756, a gun law reform bill which includes Constitutional Carry. The bill passed the House 60 to 37, with all but one Democrat opposing the reforms. The Republican House Majority leader Matt Windschitl, disputed the idea the bill would make Iowans less safe. From

Windschitl disputed the idea that the bill would eliminate any background checks.

"It doesn’t," he said. "And anybody who thinks that that’s House Republicans’ motives, you’re incorrect. That’s wrong. We’re not trying to make Iowa less safe. We’re not trying to eliminate background checks. What we’re doing with this piece of legislation is advancing Iowans’ freedoms."

The NRA reported Governor Kim  Reynolds supported Constitutional Carry in 2018., reported Governor Reynolds declined to support permitless carry in 2019. 

“I think the background check is the right thing to do but we’ll see what kind of traction it has and where it goes and we’ll take a look at it," Reynolds said Tuesday. "I’m going to keep an open mind but I support the legislation I voted for in 2010.

Refusing to come out in support of a bill is weak evidence of lack of support for the bill two years later.  With large majorities of Republicans in both the House and the Senate, the chances of the bill passing seem very good. 

The bill puts into legislative action what the legislature has approved for an Iowa Constitutional Amendment, which will come up for referendum in the 2022 elections.

Iowa is one of only six states which do not have any protection in their state constitution for the right to keep and bear arms (RKBA). 

The proposed amendment is;  From

Right to Keep and bear arms,

Sec. 1A. The right of the people to keep and bear arms shal not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.

This amendment is in the final state of approval, that of passing a referendum of the voters.  HF756 merely puts into statutory law what will almost certainly be approved by the voters.

No RKBA amendment has been rejected by voters. All have passed with large majorities. It is a near certainty the Iowa amendment will pass.

HF756 is part of a series of bills in the Iowa legislature meant to restore Second Amendment rights in Iowa, and to roll back parts of the administrative state. 

The chance of the Iowa Senate passing the Constitutional Carry bill looks good. The chance of Governor Kim Reynolds signing the bill looks good. Reynolds may be considering how much support Governor Kristi Noem is being given in Republican circles. Governor Noem signed the South Dakota Constitutional Carry Bill rapidly and with a flourish. 

If Iowa restores Constitutional Carry it will become a member of the Constitutional Carry club of states. Currently, there are 18 members.  Vermont has always had Constitutional Carry. The 17 states which have restored Constitutional Carry, are: Alaska (2003); Arizona (2010); Wyoming (2011); Arkansas (2013); Kansas and Maine (2015); Idaho, Missouri, West Virginia, and Mississippi (2016); New Hampshire and North Dakota (2017); South Dakota, Oklahoma, and Kentucky (2019); Utah and Montana, so far in 2021.

Three states, Iowa, Tennessee, and Indiana are all in the running for the next state to restore Constitutional Carry.  

Update: The Iowa Senate has passed the bill. It is awaiting the signature of the governor.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




SC: Myrtle Beach Neighbor Fires Gun, Police Say Justified Under Castle Doctrine

The neighbor said she opened the door and Swiggett was yelling and threatening her, so the neighbor grabbed a revolver and moved the car, according to the report. Swiggett allegedly kept yelling at her and threatening her so the neighbor fired one shot into the air.

The neighbor said she feared for the life of her and her infant child, according to police.

More Here

DC: Off-Duty Pentagon Officer Shoots Armed Robbery Suspect

A teenager was shot as he allegedly tried to rob a man who turned out to be an off-duty Pentagon police officer, according to D.C. police.

A 16-year-old boy armed with a BB gun attempted to rob the officer in the 1200 block of Mississippi Ave SE near Oxon Run Park about 9:20 p.m., police said. The officer tried to disarm the teen, then fired their service weapon.

The teen was hit in the arm and taken into custody. He was taken to a hospital with non-life-threatening injuries.

More Here

TX: Worker Shoots Homeless Man who Charged Him

HOUSTON — A store worker told police he feared for his life when he shot a homeless person outside his business in northwest Houston late Wednesday.

The shooting was reported before 10 p.m. outside a discount corner store in the 6400 block of W. 43rd.

Officers arrived and found a man, age 30, on the ground with two gunshot wounds. He was taken to the hospital and is expected to survive.

More Here

Monday, March 29, 2021

Il: Self Defense in Chicago: Go to Jail for no FOID or CCW

An hour prior, a man was shot in South Deering on the South Side. They were sitting in a parked vehicle about 10 p.m. in the 2500 block of East 109th Street when two people walked up to them and fired shots, police said. A 25-year-old man was struck in the face and grazed in the neck area. He pulled out his own gun and returned fire but did not strike anyone.

He was taken to the University of Chicago Medical Center in fair condition. Police said a handgun was recovered at the scene, and the man does not have a valid FOID card or concealed carry license. He was taken into custody and charges are pending.

More Here

WI: Man Shot Forcing Way into Home

Officials report the man sustained serious gunshot wounds at approximately 4:04 am Friday morning after he was shot multiple times while entering a residence of an individual known to the victim. He was taken to a local hospital to be treated for his injuries.

More Here

LA: Baton Rouge Home Invader Shot, Killed

BATON ROUGE - Police say a Thursday (March 18) night shooting resulted in the death of a 35-year-old who is said to have forced his way into a Bob Pettit Boulevard apartment.

According to representatives with the Baton Rouge Police Department, Morris Harvey Jr. was killed around midnight at 1315 Bob Pettit Boulevard.

Police say Harvey forced his way into an area apartment and was shot multiple times.

More Here

MO: Columbia Victim Shoots, Kills Home Invader

Jacob D’Agostino, 20, of Columbia, was shot by the victim of the home invasion according to a Friday night news release from law enforcement. He was pronounced dead on the scene. The release said there are no other suspects reported to be involved.

More Here

Sunday, March 28, 2021

GA: Domestic Defense, Father - Son Gunfight, no one Hit

The home belongs to the father, who has not been named, though it's not immediately clear if Mario lives there as well. 

The Atlanta Journal-Constitution reports nobody was hit by any bullets during the exchange, which began when the dad caught his son with a gun. 

He demanded that Mario hand over the weapon. Mario refused and instead aimed it at him, which led the father to retrieve his own gun from his bedroom.

More Here

WA: 19-Year-Old in Gunfight with three Home Invaders

Investigators believe that the two men who were shot, along with a third, were armed when they entered a Riverside Park Apartments unit around 10:50 p.m. Tuesday, Puyallup police said.

Once inside the residence in the 3100 block of East Main Avenue, the three men were confronted by an armed 19-year-old who fired multiple rounds at the intruders, police said.

“Officers arrived to find a very chaotic scene with two individuals having been shot and multiple reports of individuals and vehicles fleeing the area. The two individuals who had been shot, both of whom were males in their early 20s, were located some distance from each other,” police said on Twitter


More Here

Saturday, March 27, 2021

Part 2. California Sues to Force ATF to Outlaw Homemade Guns

From Wikipedia, Government image Public Domain, cropped and scaled by Dean Weingarten

On September 29, 2020, The Giffords Law Center and the State of California, sued the BATFE, demanding they change their regulations and outlaw "80% receivers".  Essentially they are demanding the ATF change the law to outlaw homemade guns.

This is part 2 of the analysis of the false assumptions in the lawsuit.

Part one of the analysis  deals with the predicates of the lawsuit, filed against the BATFE by the State of California and others, in the first paragraph.  

The philosophical basis of GCA 68 is an affront to the Second Amendment.

The first paragraph claimed restricting access to common weapons was a positive social good. It claimed restrictions on sales had a positive effect on restricting access to firearms by dangerous people.  Those are false assumptions.

In Part 2, the second paragraph of the predicates of the lawsuit are examined. 

The second paragraph in the lawsuit attempts to show  ATF regulations have been weakened, and criminals are gaining access to homemade firearms in significant numbers because of changes by the ATF.

To believe this premise you must believe the GCA 1968 restrictions were effective to begin with. They never were effective. 

The assertions are not  legal questions, but questions of fact and legislation beyond the purview of the ATF. Those questions should not be decided by a judge or an administrative entity.  The plaintiffs are requiring the ATF to change legislation.

For the sake of argument, consider the predicates for the lawsuit put forward in the second paragraph. From

    2.   But today, these protections are threatened by proliferation of so-called “ghost guns.” Ghost guns are, in effect, a lethal do-it-yourself (“DIY”) project that allows anyone at home to build a fully operable firearm within minutes, using nothing more than commonly owned tools and a pre-packaged kit. The resulting DIY weapons are “ghosts” because, lacking serial numbers, they are not traceable by law enforcement when they are used in a crime, and they are not regulated by the federal government in any way. That is a result of decisions by Defendants—ATF and its leadership—to exclude these ghost guns from the ambit of the GCA. In other words, ghost guns can be purchased without a background check, by people who are prohibited from possessing firearms; the firearms do not have serial numbers; and gun dealers are not required to maintain any records of their sales or the identity of their purchasers. Anyone can buy them, no one can trace them, and the federal government has done nothing to regulate or limit their spread.

The "protections" were always non-existent. Violent crime escalated rapidly after GCA 1968 went into effect. "80% receivers" or methods to obtain unserialized guns do not increase crime rates.

Do it yourself firearms have existed throughout the history of the United States. Kits for making your own semi-automatic STEN gun were sold in the 1980's. Slam fire shotguns were well known shortly after World War II. What the lawsuit decries is the proliferation of technologies which allow people to create more complex machinery in multiples of ever easier ways. "80% receivers" are a result of market forces responding to demand as technologies change and public perceptions alter.

The premise that unregistered and unserialized guns are a threat to the public is false. Registration and serialization are ineffective in reducing violent crime.

Legal unserialized guns are a safeguard against gun confiscation. One of the premises of the Second Amendment is gun confiscation is bad.

Making your own firearm, without a serial number, shows some Constitutional restraints on government power are still effective. It is simpler to remove a serial number, or to alter one, than it is to make a gun for your own use under the current regulatory scheme.  Each system is equally effective in producing an unserialized gun.  The mandatory serialization of guns should be revoked.

When a gun has been stolen, the tracing of it goes nowhere. The vast majority of firearms in the United States have existed long enough to render their trace, to the person who originally purchased the firearm at retail, useless for solving violent crimes.

The lawsuit claims the public is put at danger because people can obtain firearms without purchasing them through a regulated dealer. 

People have always been able to obtain firearms without purchasing them through a regulated dealer. 

In extreme regulatory environments, people all over the world have been making guns to avoid government restrictions, for as long as there have been regulations against certain people owning guns.  As Rudyard Kipling wrote in 1886, in the poem "Arithmetic on the Frontier":

A scrimmage in a Border Station
 A canter down some dark defile
Two thousand pounds of education
 Drops to a ten-rupee jezail

A jezail was a handmade firearm common in India. In 1886, they had been illegal for 29 years. Today, India has a strong black market economy making about 2.5 million illegal firearms a year, primarily for the local trade. The trade has graduated from jezails to semi-automatic pistols. This persists in spite of extreme gun controls in India, which date back to the uprising/mutiny of 1857.

People who want guns, and are prohibited from getting them, obtain them on the black market already, in large numbers, around the world, in spite of draconian laws. It is already much easier to obtain guns in the United States by purchasing a gun through legal channels than by making your own. The guns made from the parts described in the lawsuit are guns legal to own in the United States. 

There are about 460 million legal guns in the United States. Most guns in the United Sates are unregistered and untraceable, even if they have serial numbers. Guns made by individuals for themselves are a small subset of the total.

The premise of the lawsuit, that 80% receivers present some sort of existential threat to people in the United States is absurd.  It is based on the simple belief "guns are bad". It is not based on fact. People in the United States have always been legally able to make guns for their own use. The lawsuit contends modern technology has made making your own gun easier; therefore the government should make it harder. 

Functional guns can be made from hardware store materials in a few minutes, once the components have been assembled and the tools are available.  Under the false logic of the lawsuit, pieces of pipe in hardware stores should be unlawful to sell without an FFL, because they "may readily be converted" into firearms. 

The legal right to make your own guns as safely and easily as technology allows, is inherent in the Second Amendment.

It is easier to publish a blog on the Internet in 2020 than to print a pamphlet in 1776. Better technology does not invalidate fundamental, Constitutional, rights.

The language in GCA68 has to be defined by someone. Congress did not desire barrels or slides or grips or nuts or bolts to be defined as firearms.

The receiver or frame which other parts attach too was defined as one type of  firearm, which included the serial number. The United States, wisely, did not require serialization of all major parts of guns, as do some restrictive European countries. 

The ATF had to make a decision as to what constitutes a receiver or frame. 

It was not a mere piece of metal, or metal with one cut, or a casting. They made the decision based on machining, particularly the fire control area. From the ATF website:

Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun Control Act (GCA). ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA.

The ATF did not make a decision to exclude unfinished receivers from the GCA. They made a decision to include many pieces of metal which were not receivers. If an unfinished receiver is not functional, it is not a receiver. The ATF included many items which were not receivers. They went beyond the law. A line and a definition had to be drawn somewhere. The ATF chose to use the fire control area.

The term "designed to or may readily be converted into" always applied to complete weapons. It never has applied to frames or receivers.

Just because criminals occasionally use a technology in crime, the entire population should not be deprived of the technology.

Computers allow cyberbullying, people have died. . Bicycles have facilitated bank robberies and murders.  Cars facilitate robberies, murder, and rape. It violates the core of our legal structure to deny useful technologies to the public because criminals misuse them.

The lawsuit alleges that 80% receivers represent a new and significant threat to public safety. Both assertions are false.

The threat is not new, it is not significant, and it does not justify overturning decades of precedent on which companies and whole industries have been founded.

In part 3 of this series, the term "designed to or may readily be converted into" will be analyzed, as it is used in the law. The California lawsuit misapplies it to frames or receivers.

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

Gun Watch


TX: Mistaken Identity gunfight: Deputy Wounds Store Owner

According to ABC 13 News, the 72-year-old unnamed store owner called police to report a burglary after witnessing the theft via video feed at his home. The owner then headed to his business, unaware that a police officer had already arrived on scene.

When the store owner arrived at his business and noticed the officer, he mistook him for the robber and began shooting at him. The officer then returned fire and struck the owner in the shoulder.

More Here

IN: Homeowner Wounds Fugitive, Police Capture Wounded Man

GRANGER, Ind. (WNDU) - UPDATE: A police chase that started in Goshen ends with the driver shot by a homeowner in Granger.

Investigators say the driver ditched his car in the area of bittersweet and Cleveland and took off on foot into the 11000 block of Anderson Road.

Sometime after, police say a homeowner found the suspect in an outbuilding and fired one shot at the suspect.

That’s when a short time later, St. Joseph County Police arrived on scene.

More Here

Friday, March 26, 2021

Update on the Illicit No-Knock Houston Raid of Innocent Couple on Harding Street

Harris County District Attorney Kim Ogg held a press conference on 25 January, 2021, to release details about new indictments from a grand jury in the ongoing investigation of the illicit no-knock raid which occurred on 28 January, 2019, in Houston, Texas, on Harding Street. A gunfight occurred when the plain clothes officers burst in and shot the couples dog.

 Link to press conference by Harris County DA Kim Ogg, 25 January, 2021.

Dennis Tuttle and his wife, Rhogena Nicholas were killed in the raid.

The coverup of what happened to lead to the raid, and what happened in the raid fell apart partly because the lead instigator of the raid, officer Gerald Goines, was wounded in the neck and unable to talk.

The presentation by DA Ogg starts at about 05:09 into the video. Questions asked of DA Ogg are difficult to hear in the video.

The grand jury, on 25 January, indicted a 2nd officer for murder, and five more officers for organized criminal activity. 

The investigation was led by the Harris County Prosecutor office.

The raid was executed by the squad 15 of the Houston Police Department Narcotics Division.

The six officers, all members of squad 15, have been charged with felonies for conduct which was discovered as part of the investigation into the raid. 

The investigation found the officers in the squad were involved in a long term scheme to steal overtime money.

Filipe Gallegos was charged with murder in the death of Dennis Tuttle. DA Ogg said the grand jury heard evidence they believed, where Gallegoes committed an intentional homicide against Dennis Tuttle.

Nadine Ashraf, Cedell Loving, and Oscar Pardo have been charged with organized criminal activity (aggregate theft by a public servant) and first-degree tampering with a governmental record

Frank Medina and Griff Maxwell have been charged with organized criminal activity (aggregate theft by a public servant) and second-degree tampering with a governmental record.

Officers, who were among the five previously charged, had additional charges added. They were: 

Sgt. Clemente Reyna and Sgt. Thomas Wood to whom charges of of engaging in organized criminal activity and first-degree tampering with a governmental record were added to the previous charges of tampering with a governmental record and third-degree theft by a public servant.

Officer Hodgie Armstrong had charges of engaging in organized criminal activity and second-degree tampering with a government record to previous charges of tampering with a governmental record.

All of the officers charged, except for Officer Hodgie Armstrong, were members of squad 15 of the HPD Narcotics Division.

Officer Hodgie Armstrong was not a member of squad 15,  but was former officer Goines old partner. 

The indictments according to DA Ogg, are the result of a:  

"..Two year investigation, nearly to the day, of what we consider a game changer, in terms in how narcotics policing and prosecution will be handled in the future, not just here, but elsewhere." 

These charges conclude the investigations with regard to the shootings on Harding Street. 

DA Ogg said: "Our work continues with regard to the corruption." 

DA Ogg mentioned that warrants of phones lead to other phones, which lead to more warrants and possibly more charges. The "organized crime" charges have to do with the overtime. She said:

"It was a result of a raid that was part of their usual routine."

Consider the implications.

The implication seems to be squad 15 routinely organized no-knock raids in order to inflate their overtime numbers, and as a result, two innocent people were killed.

 The details of the charges will come out in court. Details of the grand jury investigation may not be made available to the public.

DA Ogg said the investigation of the evidence collected from the phones, witness testimony, and official records, will continue until each person who has been impacted by the officers has a chance to complain, and the DA's office has a chance to investigate what happened.

There may be additional grand juries convened to hear more evidence in the future.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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