Thursday, July 10, 2008



MO: Homeowner kills man in apparent self-defense: "A Baden neighborhood homeowner shot and killed a man who struck him in the head with a pipe after the homeowner confronted the man early this morning, police said. ... The homeowner, who also is not being identified by police, said that he heard a noise outside of his home in the 9000 block of Edna Avenue early this morning. When he went outside, he found the man, who the homeowner knew, police said. The man then struck the homeowner in the head with a metal pipe and the homeowner ran back inside his house, police said. The man, still carrying the metal pipe, followed the homeowner into the house. The homeowner then shot the man several times. The man ran out of the house and collapsed in the street in the 1000 block of Melvin Avenue, police said. The man died."


Utah hobo shot: "The shooting happened during a confrontation between two men near 1400 South and West Temple. Witnesses say 47-year-old Mike James May, a transient in the area, began yelling at people who were sitting outside Mama's Southern Plantation restaurant. The witnesses say May took a swing at the customers, threatened them and a security guard and then reached inside his jacket or backpack. That's when the security guard pulled out his concealed weapon and fired. That single shot, which hit the May in the torso, was fatal. Mark Cazares, co-owner of Mama's Southern Plantation, believes it's a case of self-defense. "For him [the security guard] to defend himself this way, he had to feel his life was in danger. He, once again, he was a Vietnam vet, so he's had to deal with weapons and things before. I'm sure this was a life-threatening situation to him," he said. Police say the security guard has been very cooperative with them and, as of about a half hour ago, they have decided not to book him."


Kansas oldster too slow to shoot: "An 88-year-old Basehor man was attacked in his home early Monday morning after an intruder broke in through a basement door. According to Basehor Police Chief Lloyd Martley, around 5:25 a.m., an unknown suspect kicked in the basement door of the homeowner in the 15300 block of Parallel Road. The homeowner, who had a shotgun, confronted the intruder at the top of the stairs. There was a struggle over the gun and the suspect eventually gained control of the weapon hitting the homeowner with the butt of the gun. The suspect was then alerted to police in the driveway of the home, left through a patio door and headed into the woods west of the property empty handed. The police were already in the driveway by the time the homeowner was able to get to a phone to call 911 because a Basehor police officer on patrol noticed a vehicle parked in the driveway of the residence that wasn't normally there and had stopped to investigate, Martley said."


DC loves six-shooters?? "The Supreme Court's repeal of the ban on handguns in Washington, D.C., may be a boon for a segment of the firearms industry whose last major windfall might have been in the heyday of the Dirty Harry movies: those who make and sell revolvers. The court ruled that a blanket ban on handguns is unconstitutional, but D.C. Mayor Adrian Fenty and other Washington officials want to keep in place a prohibition on semiautomatic handguns - those in which a bullet clip is inserted into the gun's grip. Such a ban would continue to outlaw 9-mm and other popular pistols that are legal in most other places around the United States. And it would make the classic six-shooter the only legal handgun in the District." [Smith & Wesson like the sound of it!]

Wednesday, July 09, 2008



There is an interesting video here of a shotgun round for U.S. army tanks. The thousand tungsten pellets in it would make it an amazing antipersonnel weapon. In the days of sailing ships, it would have been called "grapeshot".


WV: Man shot after two vehicles broken into: "A Scott Depot man was shot on Saturday following an incident of breaking and entering into not one but two vehicles belonging to the same household. Putnam County Sheriff Mark Smith said a man was returning home from work and found a man sitting in his girlfriend's Camero at the bottom of the hill to their home. The owner reportedly confronted the thief, who left the scene. At that time, the vehicle was reported to have received some damage to the ignition. The owner contacted the sheriff's office and a report was made without incident. Shortly after, the owner and his girlfriend took the Camero to a local convenience store. According to Smith, when they returned, the man found the same man inside a second vehicle at the home. The owner confronted the thief with a gun while the police were again contacted. The thief was shot after an altercation. Smith said that no charges have been filed against the owner in the shooting."


Virginia: Gunshot victim ID'd as suspected robber: "A 19-year-old who was fatally shot Wednesday night was one of three men attempting to rob another man in the Liberty Estates apartment complex on Cunningham Avenue, police said. The robbery at about 9:20 p.m. led to a struggle between the gunman, Maurice Edward Simpson of Newport News, and the victim, during which time Simpson was shot in the upper torso, said Hampton police spokeswoman Cpl. Paula Ensley. The other alleged robbers are Dejon Jamal Middleton, 20, and Jamaal Orlando Watson, 21, both of the 700 block of Crossing Court in Newport News, police said. Middleton was charged with one count of robbery, one count of use of a firearm in the commission of a felony and one count of possession of marijuana. Watson was charged with one count of robbery and one count of use of a firearm in the commission of a felony. Police had not released the name of the robbery victim Friday, and Ensley said he is not charged with a crime because at this point it is considered a justifiable homicide. After Simpson was shot, Middleton and Watson took him to Sentara CarePlex, police said. Simpson was taken inside the hospital, where he was pronounced dead."


NY: Judge upholds unconstitutional victim disarmament law: "In a sign that federal courts here in New York will defend New York City's restrictive gun regulations, a judge is allowing the city to strip a disabled Vietnam War veteran of his gun license. The decision, handed down this week, is likely the first court ruling to deal with New York's gun-permitting scheme since the Supreme Court declared that the Second Amendment gives citizens an individual right to keep a gun at home for self-defense. The veteran who lost his gun license, Dominick DiNapoli, said the Supreme Court's decision ought to require that he gets back his gun permit. 'Who needs a gun more than someone like me, who is disabled and can't physically defend his home?' Mr. DiNapoli said in an interview."

Tuesday, July 08, 2008



Arkansas woman Shoots and Kills Husband: "A woman shot and killed her husband at their home outside of El Dorado, and the Union County sheriff says the slaying was in self-defense. Sheriff Ken Jones said the incident happened around 10:30 p.m. Saturday, when deputies found 47 year-old Roger Gates dead inside the home. Jones says 37 year-old Kimberly Gates told him that her husband had attacked her and that she was afraid for her life and her baby's. Officials say she was able to get away from her husband, get a gun from the bathroom, and shoot him. Jones said the case is still under investigation and that the results will be given to a prosecutor, who will determine if charges should be filed."


Texas man protects self from potential thieves with gun: "A Corpus Christi man found three men looking into his car early Saturday morning and shot at them in fear for his own safety, according to a police report. Police responded to the 3700 block of Kingston Drive at 4:39 a.m., where a 50-year-old man told them he was awakened by noises in his driveway. After seeing the three men, the man grabbed his .40 Glock and confronted the men. The man told police he feared for his safety and fired off a round into the trunk of the suspect's vehicle. They fled and have not been located. A description of the suspect's vehicle was not given by police."


Florida: Tunnelling burglar thwarted: "Police say they've arrested a man who tried to tunnel into his neighbor's home. It was early Sunday, investigators say, when Mark Mazur snuck into a yard on San Luis and dug a tunnel under the fence. But his clandestine plan was thwarted by the homeowner's dog. When he heard his dog barking, Robert Cash came outside -- armed with a handgun -- and ordered the intruder to stop. Mazur, armed with a blowtorch, started towards Cash. Investigators say Cash fired once and missed Mazur, but the shot was enough to convince him to stop and wait for police to arrive. Mazur, 56, has several prior arrests around the Bay Area. He was charged with burglary and assault.


Arizona man shoots at armed robbers trying to take baby: "An Avondale man shot at armed robbers Saturday night when they tried to take his infant during a robbery, according to a police report released Monday. The Avondale family had started to unload groceries at their home near Main Street and Litchfield Road when three men approached the car with guns and demanded money. When the victim, 52, said he didn't have any cash, one robber said, "get the baby", according to Avondale Police Sergeant Memo Espinoza. The victim pulled out a handgun and the three robbers started shooting at the man and the house. The father shot back. The robbers ran away, and one was crawling on the ground as if he had been shot, according to Espinoza. The victim and baby were not hurt in the shootout. The three armed men left in a black SUV with chrome trim and chrome wheels. They were described as Black males, between 19- and 25-years old."

Monday, July 07, 2008



Florida: Intended Victim Kills Robber: "The Jacksonville Sheriff's Office has identified the man shot to death at an Arlington apartment complex as Robert Pinkney, 20. Investigators say they were called to the Summer Oak apartments around 11:46 Sunday night. The apartments are located in the 5300 block of the Arlington Expressway. Officials say when they arrived they found Pinkney shot dead in the parking lot. According to police, a man who lives in the apartments says Pinkney tried to rob him. That's when he told police he pulled a gun and shot the would be robber. The JSO says they are questioning several people at the apartment building. The State Attorney's Office is investigating whether this was a case of self defense.


Illinois: Man shoots drunk neighbor: "A Lake Saint Louis man says he shot an intruder that turned out to be his neighbor. Police said they received a call around 5:30 a.m. Thursday morning from the homeowner, who lives alone in the Harbor Town condominiums located on the western edge of Lake Saint Louis. They arrived to the scene to find the next-door neighbor laying on the floor, shot in the knee and pelvis. When questioned by police, the homeowner said he was sleeping upstairs when he heard a noise, grabbed his gun and found a person in his downstairs kitchen. The homeowner warned the man three times to not move or he would shoot, police said, but the man continued to approach the homeowner, who was on the staircase. Police said they suspect the man had been drinking, as his speech was slurred and he smelled of alcohol. He was taken to SSM St. Joseph’s Hospital in St. Charles and is expected to recover. The case is still under investigation, and the names of both men were not released. Police do not suspect the homeowner of foul play.


FL: Fed up families police neighborhood : "“Families in a crime-ridden Central Florida neighborhood are arming themselves with shotguns and talking about adding electric barbed wire to stop thieves targeting their homes.’Somebody is going to end up getting hurt,’ resident Andrea Fine said. ‘The homeowners are tense. We are all on edge. For the first time in my life I’m really scared to live in my home.’ Homeowners living near and on Sanford Avenue in Sanford said crime is so bad that some of them have been robbed three times. … The city’s police chief said he is working on a solution.”


Regulating Guns Out of Existence: "Sunday's Los Angeles Times brought us as glorious an example of ivory-tower impracticality as ever put forth, this one by a pair of university professors who, if one may judge from their curricula vitae, are well steeped in academic theory but lacking sufficient practical experience to realize what they propose is manifestly absurd. Under this plan, no specific course of action would be imposed on gun makers. Rather, Congress would require the manufacturers themselves to devise ways to reach "performance targets" of reductions in the number of firearm deaths. They might achieve these goals, the authors say, by "add[ing] trigger locks to their guns, or to work only with dealers who meet certain standards of responsibility. They might withdraw their semiautomatic weapons from the consumer market, or even work hand in hand with local officials to fight gangs and increase youth employment opportunities. Surely they will think up new strategies once they have a legal obligation and financial incentive to take responsibility for the harm their products cause."

Sunday, July 06, 2008



Utah man foils burglars - in his underwear, with a shotgun: "Still, West Valley City homeowner Tony Gamonal managed to foil burglars when he took out after them with a shotgun -- and wearing only his boxer shorts. 2News reports today that he surprised the burglars, then armed himself to give chase. A nearby police officer joined him, eventually capturing one of the pair, a woman. The second suspect, a man, remained at large. Gamonal says it wasn't until the capture that he realized he was outside, in the street, in his underwear. "I looked down and said, 'Oh man . . . here I am,'" he told 2News. Gamonal says this is the second time robbers have targeted his home in two weeks. The last time, the hinges were cut off his gate and up to $10,000 worth of property was stolen. The fence around his home has also been vandalized with spray-paint. He says he's had it. And he plans to protect his home -- regardless of what he is, or is not, wearing. "If you can't be safe in your own home, where can you be?" Gamonal says. "There was no doubt; I was so mad that I would have shot them."


Texas storage owner shoots at would-be thieves: "A would-be theft suspect was apparently hurt while trying to break into the Storage Facilities in northwest Harris County early Tuesday morning. Danny Colwell has owned the business at 6900 Guhn Road for 12 years. He said he heard a saw the morning of the reported theft and decided to investigate. “The gate was halfway closed and I blocked the rest of the gate with my truck and then I walked around the corner. I thought it was one of the tenants working.” Colwell said he picked up his gun and rounded the corner expecting a tenant. He found a thief instead. “I kind of panicked, you know, and fired a shot and then the guy I guess dropped the saw,” said Colwell. The reported thief was hurt. It's not clear if he was shot or wounded while trying to cut into the building. He did, however, jump in a van and then ram Colwell's vehicle and a fence before driving off.. the suspect's burnt-out van was found later on Ella near Beltway 8. No suspects are in custody."


Tennessee: Robbery ends when restaurant manager shoots suspect: "Two men tried to rob an Nashville Sonic restaurant, but an assistant manager pulled out a gun and fired shots, causing the suspects to flee. Police believe that one or both of the suspects was wounded. Metro police Capt. Michele Donegan said that at approximately 10:30 p.m. Thursday, two men, one of whom was armed with a handgun, went inside the Sonic at 1410 Robinson Road, in Old Hickory. Several employees were at the restaurant, and numerous customers were at the tables outside and at the drive-ups. The armed suspect showed the gun. The assistant manager then pulled out a gun and fired several shots, Donegan said. The two men fled out the door without firing. Police are still looking for them. After police arrived on the scene, they followed a blood trail leading across the parking and ending at a car wash. Police think that there was probably a third person with a car that they fled in. Police searched the wooded area behind the car wash using the canine and helicopter units to be sure."


Texas woman shoots attacker in the face: "An Austin woman credits her handgun and her own quick thinking with saving her life after she shot a man who was trying to attack her. Leonie Burgos said the man scaled a fence outside her apartment near Barton Skyway and South Lamar. When Burgos saw the man jump the fence, she ran inside and grabbed her .38 caliber pistol. She went back outside to see if the man had left. She said that's when he attacked her by tackling her to the ground from behind. Bergos said she shot the man only after trying to scare him with the gun first. "First I tried to point it up in his face so that he would see that I had a gun so he would take off running," said Burgos. "But he didn't." Burgos said the man continued to hold her down and the two struggled. She said she pulled the trigger three times and did not know if she hit the man. He ran away before police arrived. Thirty minutes later, a man went to the emergency room at Brackenridge Hospital with a gunshot wound to the face. Hospital personnel called police. An arrest warrant said Christopher Benavides,20, told police he intended to steal the woman's cell phone and sell it for cash before he was shot. Benavides had two warrants out for his arrest at the time of the attack"

Saturday, July 05, 2008



Florida homeowner shoots robbers: "A Hialeah homeowner turned the table on two would-be robbers Wednesday, leaving one of the men dead. Hialeah police said two men attempted to force their way inside a home at 728 W. 53rd St. shortly before noon. "The suspects who came to the home . apparently did not know that the home was occupied," said Hialeah police Detective Carl Zogby. "The victim confronted the suspects and shot both of them." One of the men attempted to get away, but he collapsed a short distance away and died. The second man was airlifted to Jackson Memorial Hospital's Ryder Trauma Center in critical condition. Neither man has been identified. Police sources said they are not considering criminal charges against the homeowner, claiming he was acting in self-defense."


WA: Trailer trash shooting ruled self defense: "Saying the case was simply too weak to take to trial, prosecutors on Thursday dropped all charges against Kevin Welsh - who fatally shot a Longview man in September after their wives got into a fight... Trouble began when Welsh's wife, Kim, yelled a slanderous remark at Korena Milloy while the Milloys were entering Korena Milloy's parent's mobile home. The Welshes live in the same mobile home park as Korena Milloy's parents. Kevin Welsh and Daniel Milloy, 42, had words and Kevin Welsh then pulled a pistol and threatened to shot Daniel Milloy. Daniel Milloy returned to his in-laws' home, but Korena Milloy was still upset and went to the Welsh trailer where Kim Welsh struck her with a baseball bat. Daniel Milloy went in after his wife, followed by Kevin Milloy who had retrieved his gun. Korena Milloy said her husband was trying to protect her and pulling her off of Kim Welsh. Welsh told police he shot Daniel Milloy after he saw his wife's bloody face and Daniel Milloy moved toward him. Korena Milloy and her parents said he also pointed the gun at them. As DNA evidence came back from the state crime lab, investigators found Kim Welsh's blood on Daniel Milloy's hand, which helped Welsh's self-defense case. Korena Milloy contends the blood was transferred when her husband separated the two women, but Baur said there's no way to prove that with conflicting versions of the altercation."


Guns still elusive for D.C. residents: "Days after the Supreme Court ruled that residents of the nation's capital can keep handguns at home for self-defense, George Harley walked out of a Maryland gun shop disheartened, his goal of legally having a gun to protect his family put on hold. Since before Harley, 30, was born, the District of Columbia has restricted its residents' ownership of handguns. After the high court's ruling was handed down late last month, Harley was one of several dozen Washington residents who came to the Atlantic Guns shop in Silver Spring, Md., just over the district line, to ask about buying a gun. They were all told the same thing: Go home. "Presently, there's no change to anything," said Atlantic Guns owner Stephen Schneider. "There's no procedure in place for them to purchase a handgun because regulations haven't been written." Washington Mayor Adrian M. Fenty has vowed to have the strictest gun laws possible, and the city's plans for the registration process, expected to be released in about two weeks, is being closely watched".


Good if it works: "Parts of St. Louis will soon be covered by a gunshot-detection system that can even tell investigators if the shooter was standing still or moving. Using sound-recognition software, the ShotSpotter system claims to pinpoint the location of gunfire. It quickly alerts police by sending the location and details about how many shots were fired. California-based ShotSpotter Inc., which manufactures the device, says it uses something called "acoustic triangulation," audio sensors to locate where gunshots were fired. The St. Louis Police Department issued a news release Monday, singing the praises of the new system. "Within 15 seconds of gunshots," the police description says, "the computer system in patrol cars will alert officers of the address closest to where the gunshots came from. The system also determines how many shots were fired, and pinpoints whether the shooter was in the front, back or on the side of the building and even whether the shooter was moving or standing still."

Friday, July 04, 2008



Virginia: Woman shoots ex-boyfriend: "An ongoing case of domestic violence turned bloody Monday morning, when a man was shot in the shoulder by his former girlfriend after he allegedly broke in to her Capron home, police said Tuesday. Derrick Edward "Rick" Miller, 43, formerly of Brandy Pond Road in Capron, is recovering from a gunshot wound at a hospital in Greenville, N.C. According to Detective Cpl. Richard Morris, spokesman for the Southampton County Sheriff's Office, Miller's ex-girlfriend shot him with a .357 Magnum when he allegedly tried to attack her after breaking through her front door early Monday morning. He then left the scene and went to Como, N.C. From there, he was transported to an Ahoskie, N.C., hospital and then flown to the Greenville medical facility for further treatment. The woman called police at 1:42 a.m. to report the alleged break-in and the shooting. Police have charged Miller with breaking and entering in the nighttime and violation of a protective order in connection with Monday's events"


Mississippi oldster shoots burglar: "An elderly west Jackson resident who was attacked by a burglar two years ago shot a man Wednesday he suspected of breaking into his Pleasant Avenue home. Police say the resident, identified by relatives as 71-year-old Edwin Chinn, was protecting himself when he shot Ricky Braggs. Braggs, 34, has been accused of breaking into Chinn's home through his kitchen window just before noon Wednesday. Chinn's home is near Galloway Elementary School and the Player and Playerettes Club. Police said Braggs lived in the neighborhood. Jackson police said Chinn shot Braggs once in the abdomen and once in the arm. Bullet holes were visible through the wall on the south side of the house. Following the shooting, Braggs ran about two blocks before collapsing behind a house in the 1900 block near Woodrow Wilson Boulevard. He was taken to the University of Mississippi Medical Center. "His wounds are not considered life-threatening," Jackson police spokesman Sgt. Jeffery Scott said. Police will charge Braggs with house burglary once he is released from the hospital, Scott said. Investigators detained Chinn for questioning but did not charge him, citing the Castle Doctrine law that allows residents to defend themselves and their property against perceived attacks... Braggs was convicted in Hinds County in August 1995 on two counts of business burglary and sentenced to four years in prison"


Indiana shooting justified: "No charges will be filed in the shooting death of a Greene County man. County Prosecutor Jarrod Holtsclaw says after a review of the case no criminal charges will be filed against Michael Gallagher II. Gallagher shot Jarrett Nicholson last weekend during an argument and fight inside Gallagher's home. Holtsclaw said that Gallagher's use of force was justified. Nicholson was on top of Gallagher punching him in the head when the fatal gunshot was fired. Nicholson had broken into Gallagher's home and threatened to kill him before the confrontation began."


Florida Disney is anti-gun: "Walt Disney World believes it is exempt from a new state law that allows Florida residents to keep firearms in their vehicles while at work, according to an internal memo obtained by a newspaper. Under the bill, which took effect Tuesday, businesses cannot prohibit employees or customers from keeping a legally owned gun locked inside their cars, as long as the owner has a permit to carry a concealed weapon. However, the bill states that property owned or leased by an employer who has a permit required by federal law to manufacture, use, store or move explosives would still be off limits. Disney has a permit for its fireworks shows".

Thursday, July 03, 2008



Media blooper: CNN reported yesterday that "55% of gun owners use the guns on themselves in suicide attempts." Just a minor mistake though. In reality, 55% of gun deaths are suicides. Here's the video


Atlanta airport gun ban is challenged: " The showdown over gun rights spilled into the nation's busiest airport Tuesday after a Georgia legislator announced that he would walk into the Hartsfield-Jackson Atlanta International Airport carrying a handgun. Republican State Rep. Timothy Bearden is the sponsor of a new law that went into effect Tuesday allowing licensed Georgia gun owners to carry their firearms in public places. In his opinion, public places include the main lobby, ticketing areas and restaurants of Georgia airports. Hartsfield-Jackson's general manager, however, disagreed, declaring the airport a "gun-free zone" and insisting that anyone found in possession of a handgun could be arrested and charged with a misdemeanor. The spat, which the Atlanta Journal-Constitution dubbed "the Atlanta version of 'High Noon,' " was the latest skirmish over Georgia's new law. As of Tuesday, concealed firearms can be brought onto public transportation and into state parks, historic sites and restaurants that earn at least half their revenue from food sales."


TN: Judge advises woman to arm herself after attack: "General Sessions Court Judge Bob Moon said Friday that crime in Chattanooga 'has become so rampant that it is no longer possible for the police department to protect our citizens.' He told a woman who had been pulled from her car and beaten in the head that she or her mother needed to 'purchase a weapon, obtain a gun permit and learn to protect yourself.' The woman moved back in with her mother after the May 4 incident on E. 17th Street. Judge Moon said, 'The U.S. Supreme Court has ruled that all citizens have a right to purchase a weapon to defend themselves, their families and their homes -- unless there is some disqualification that prevents them from owning a weapon.'"


Young lawyer takes victory lap : "A group of gun rights advocates roared with approval as Alan Gura descended the stairs of the Supreme Court on the morning of June 26, having just learned of the high court's decision in the landmark Second Amendment case, District of Columbia v. Heller. `Goodbye, gun ban!' they chanted. Gura, whom history will remember as the lawyer who successfully argued that Americans have an individual right to keep and bear arms, smiled broadly. Goodbye, gun ban. . He hadn't even read the Heller opinion in its entirety on Thursday, when Gura and . David Sigale, filed a lawsuit in the U.S. District Court for the Northern District of Illinois, seeking to strike down Chicago's gun ban. The Second Amendment Foundation is bankrolling the litigation."


NYPD Loses Confiscated Weapons

(New York City) Since private ownership of a handgun without a license is outlawed in the state, it's odd that an audit would find discrepancies in the NYPD's handling of guns.
New York City Comptroller William C. Thompson Jr. referred to the NYPD's current system of holding surrendered and confiscated firearms as unacceptable and demanded immediate improvements after announcing yesterday the results of his audit in lower Manhattan.

In June of last year, Thompson's audit gauged whether the NYPD's Manhattan Property Clerk Division - which receives, catalogs and protects weapons brought into custody - was adequately doing its job. The audit said Manhattan officials failed to account for or find 94 of the 324 firearms specified, adding that other boroughs' property divisions were found in a "similar state of disarray."
An NYPD spokesman said that all guns are accounted for, just not right away.

Wednesday, July 02, 2008



Florida: Wanted felon shot: "Dozens of officers responded to a Plant City neighborhood this morning after a wanted felon was spotted there. The search ended with that suspect shot in the foot. Hillsborough County deputies had issued an alert for Christopher Collins in connection with a robbery and violation of probation. Plant City police say he had also stolen a handgun and bulletproof vests from the homes of deputies. Police used reverse 911 calls to warn residents that an armed suspect was loose in the area, and based on tips, investigators were able to narrow their search. It was around 8 a.m. when Collins was spotted running through back yards, and that's when he allegedly broke into a home on Dawnmeadow Court, apparently trying to hide. The homeowner, upon his return, did not welcome the intruder. "He came home to check on his daughter when he discovered the window broken out of his house. So he armed himself with his handgun and checked the house, where he was confronted," explained Sgt. Dale Peterson of the Plant City Police Department. The homeowner -- whose name is not being released -- shot Collins in the foot. Collins was arrested nearby and taken to South Florida Baptist Hospital. The 33-year-old has several charges of armed burglary and grand theft on his record."


Texas homeowner shoots, injures intruder: "A 21-year-old man who police said broke into a Northwest Side residence late Monday night was critically wounded after the homeowner shot him once in the chest. The man, who was not immediately identified, was taken to University Hospital, San Antonio Police Sgt. Dave Berrigan said. Berrigan said officers responded about 9:30 p.m. to the Retreat at Ingram Hills subdivision in the 6500 block of Arrid Pass after receiving two emergency calls, one for a break-in and the other for a shooting. A woman who lives at the residence was home alone with her 18-month-old baby when she heard noises, Berrigan said. The woman looked through the front door peephole and saw a man trying to break in, Berrigan said. A few minutes later, after calling authorities, the woman heard sounds at the garage door, which was closed. She then called her husband, who arrived within minutes with a 9 mm pistol, Berrigan said. The husband entered through a back door, which remained ajar, and the would-be intruder followed. The two had a brief altercation in the kitchen, and the homeowner told him to leave. But instead, the intruder tried to "buck up against" the homeowner, Berrigan said, at which point he was shot in the chest.


NRA sues S.F. to overturn gun ban in public housing: "A day after the Supreme Court struck down Washington's gun ban, the National Rifle Associated sued to overturn a San Francisco law prohibiting firearms in the city's public housing projects. It also plans to file similar lawsuits in Chicago and its suburbs. The Associated Press reports that an unidentified gay gun owner joined the NRA's lawsuit on Friday, arguing he keeps a weapon to defend himself from "sexual orientation hate crimes." In April, the California Supreme Court upheld a lower-court ruling that invalidated a broader ban on firearms approved by San Francisco voters in 2005. The measure would have forbidden the possession, manufacture, sale or distribution of any firearms or ammunition in the city. The NRA led the opposition to that measure, suing the day after it passed".


DC v. Heller: Not about guns, about self-governance and safer streets: "There is no such thing as a sensible gun law, and gun bans are a fake-out fraud and abuse of power. Unwind Gun Bans and you begin to unwind other abuses so adverse to Family and Liberty. The Second Amendment to our Constitution was made absolute for several reasons. In fact, the Second Amendment wasn't even written for citizens. I get a predictable reaction from talk radio hosts when I say this, but follow-up clears it all up. Gun control is a European concept totally inappropriate for the Founders who escaped that kind of thinking at the nation's inception. Let's call it for what it is: Gun Bans are a fraud of window dressing and control. Gun bans are a fake-out and abuse of power backed by official Force, and the Supreme Court just struck down a fake-out and abuse of power."

Tuesday, July 01, 2008





Great! Good neighbor Joe Horn cleared: "A Texas man who shot and killed two men he suspected of burgling his neighbour's home has been cleared by a grand jury. Joe Horn, 61, shot the two men in November after he saw them crawling out the windows of a neighbour's house in the Houston suburb of Pasadena. Horn called authorities and told the emergency dispatcher he had a shotgun and was going to kill the men. The dispatcher pleaded with him not to go outside, but Horn confronted the men with a 12-gauge shotgun and shot both in the back. "The message we're trying to send today is the criminal justice system works," Harris County district attorney Kenneth Magidson said. Horn's lawyer, Tom Lambright, has said his client believed the two men had broken into his neighbour's home and he shot them only when they came into his yard and threatened him. The suspected burglars, Hernando Riascos Torres, 38, and Diego Ortiz, 30, were unemployed illegal immigrants from Colombia. Torres was deported to Colombia in 1999 after a 1994 cocaine-related conviction. The episode touched off protests from civil rights activists who said the shooting was racially motivated and Horn took the law into his own hands. Horn's supporters defended his actions, saying he was protecting himself and being a good neighbour to a homeowner who was out of town." [I'm guessing that a Texas grand jury was not to disturbed that scum got shot]


California homeowner justified in shooting drunken man: "A 53-year-old San Bernardino homeowner, fearful that he was dealing with a dangerous burglar, was legally justified in killing a drunken man during a 3 a.m. confrontation on the homeowner's front walkway, prosecutors said Thursday. The finding of justifiable homicide means that no criminal charges will be filed against Brad Nielsen for the June 15 slaying of Joshua Munoz, 23, in the Devil Canyon area of northwest San Bernardino. Munoz died of a single gunshot wound to the chest. Nielsen wasn't arrested. "He believed that someone was trying to break into his house," San Bernardino County Supervising Deputy District Attorney Rick Young said. "When he saw (Munoz) near his vehicle, he was justified in confronting him. "Possibly due to his intoxication, the deceased did not respond in a manner to de-escalate the situation but, instead, began approaching the homeowner who -- at gunpoint -- told him several times to stop." Nielsen feared for his safety and the safety of his wife and child, he told police. "He felt that if he let the subject get any closer, they would be in a fight for the gun," Young said by phone. "This tragic homicide was legally justified in self-defense and the defense of others." "He was a kid who drank too much and walked into the wrong yard," Cindy Ledbetter, the mother of Munoz's girlfriend, said earlier. "The whole thing is senseless." Nielsen was awakened by noises, armed himself with a pistol and walked outside to investigate, police have said."


Oregon homeowner shoots suspected prowlers: "Police say a man claiming to be protecting his property shot two people Thursday night in northeast Portland. The incident began about 10:30 p.m. when the police said a homeowner claimed he heard someone trying to break into his RV, which was parked at his home near the 1400 block of Northeast Marine Drive. When police arrived they said the homeowner had apparently shot the suspected prowlers with a shotgun, hitting a man in the hand. The suspect was not seriously hurt but had some shotgun pellets lodged in his hand. He was transported to the hospital. A woman with the man was treated at the hospital but the nature of her wounds was not specified. Both were treated, released and arrested. Delisa Petersen, 21, and Gary Miller, 37, were charged with one count of unauthorized use of a motor vehicle. The man who shot them was not charged. According to police, the homeowner fired one round into the air as he attempted to stop the suspects. The man then fired a second round at one of the suspects as they approached him in a threatening way, police said."


More guns, less crime revisited: "There is no such thing as gun control. There are laws that prevent or make it more difficult for people to obtain guns, but those laws only apply to those who choose to obey them. Criminals, who by their very nature do not obey the law, are not affected by so-called 'gun control.' The Liberty Belles and gun rights supporters everywhere have been repeating this point like a mantra for years. And yet, unbelievably, there are many who still don't get it. A recent 'man on the street' interview in Washington D.C. by CNS News revealed just how pervasive the anti-gun mentality remains to this day. Amazingly, the people interviewed failed to recognize that the benefits of firearm ownership far outweighs the negatives. One interviewee cited the fact that a few people buy guns legally in Virginia and sell them illegally in New York. He failed to recognize, however, that crime is much lower in Virginia where guns are legal and that 'gun control' laws in New York have no effect on criminals. In fact, 'gun control' is the reason that crime is high in cities like Washington D.C. and New York. Criminals know that people in D.C. and New York cannot and will not defend themselves."

Monday, June 30, 2008



Some interesting history from Jeff Jacoby

With a very pesky conclusion

When it comes to gun control, the Democratic Party is a house divided against itself. That helps explain Barack Obama's dizzyingly inconsistent positions on District of Columbia v. Heller, the landmark Second Amendment case decided by the Supreme Court last week.

As a candidate for the Illinois Legislature in the 1990s, Obama had supported legislation to "ban the manufacture, sale, and possession of handguns," so it wasn't surprising that he endorsed the gun ban being challenged in Heller while campaigning for president. In November, for example, his campaign told the Chicago Tribune that "Obama believes the D.C. handgun law is constitutional." In February, when a questioner during a televised forum said, "You support the D.C. handgun ban," Obama readily agreed: "Right."

By March, however, his spokesman would no longer say whether Obama considered the gun ban constitutional, and when the senator was asked about it during a debate in April, he refused to give a clear answer on the grounds that "I obviously haven't listened to the briefs and looked at all the evidence." Still, when the court issued its 5-4 ruling last Thursday, Obama claimed that his views had been vindicated. "I have always believed," his statement began, "that the Second Amendment protects the right of individuals to bear arms." On the other hand, reported the Associated Press, "the campaign would not answer directly . . . when asked whether the candidate agreed with the court."

This is not just the customary political choreography whereby Democratic presidential candidates dance to the left during the primary election season, then pirouette back to the center for the general election. (Republicans twirl the other way.) Guns are a particularly thorny issue for Democrats, who have long been the party of gun control, and whose strong left wing detests firearms and looks down on the "gun nuts" who enjoy them. Liberal Democrats have generally seen the Second Amendment as an embarrassing constitutional anachronism, not a guarantee of essential liberty. They nurse a singular loathing for the National Rifle Association. And they are sure that more guns in private hands can only mean more death and violent crime.

The problem for Democrats is that such views put them well beyond the American mainstream. There may be as many as 283 million privately owned firearms in the United States, and nearly half of all US households own at least one gun. Even before the Supreme Court ruling, a large majority of Americans -- 73 percent, according to Gallup -- believed the Second Amendment guaranteed the right of private citizens to own guns. Nearly 7 in 10 opposed any law making handgun possession illegal.

Given such widespread pro-gun sentiment, a political party inclined to demonize guns or gun owners can expect to alienate many voters. In 1994, within months of enacting a ban on assault weapons, Democrats lost their majorities in both houses of Congress -- majorities it would take more than a decade to win back. Their "inability to consistently win elections in places where gun shops outnumber Starbucks," the respected political analyst Charlie Cook wrote in National Journal during their long exile, "is a big reason the party controls neither the House nor the Senate."

Some Democrats have worked to shed the image as the party of gun-haters. Running for president in 2004, Senator John F. Kerry made a point of donning orange and hoisting a shotgun for a very public day of duck hunting in southern Ohio. When Senator Ben Nelson of Nebraska and Governor Brian Schweitzer of Montana ran for reelection two years later, their TV ads depicted them using guns. (Schweitzer, an avid hunter, likes to say he has "more guns than I need but not as many as I want.") More than 60 Democrats were endorsed by the NRA in the midterm election of 2006 -- the election, perhaps not coincidentally, in which their party regained control of Congress.

Still, for many Democratic liberals, the antigun animus is reflexive. Senators Ted Kennedy and Dianne Feinstein wasted no time deploring the court's ruling in Heller last week; Mayor Richard Daley of Chicago denounced it as "very frightening." Over the years, such attitudes have been a political boon to Republicans, helping them paint Democrats as out-of-step elitists who hate something millions of Americans love. John McCain's statement hailing the decision pointedly referred to Obama's infamous statement that Middle Americans "cling to guns or religion" when "they get bitter."

All of which makes it ironic that the impact of last week's decision may be to deprive the GOP of a valuable political weapon. By ending the debate over whether the Second Amendment confers an individual right to own guns, the justices have just made it safer for gun owners to vote Democratic. McCain cheered the court's ruling, but Obama may prove the biggest winner of all.

Source





Virginia: Beach pizza parlor worker kills would-be robber: "Police say an attempted robbery at pizza parlor ended when a store employee shot and killed the alleged thief. Workers at Dominick's Pizza and Pasta in the Timber Lake shopping center on Holland Road tell 13News a masked man came in through a back entrance, brandishing a gun and demanding cash. Police say the shooting happened around 10pm Saturday. According to employees, a worker opened the safe, taking a loaded revolver out instead of money. The worker reportedly returned to where the alleged thief was and opened fire. Police say workers called 9-1-1 at 10:08. By the time officers arrived the masked man was already dead. Police have not identified the suspect, and have not said if any charges will be filed against the employee".


Pennsylvania Game Commission deems black bear shooting justified: "A South Huntingdon man was within his legal rights when he shot a black bear on his property Tuesday evening, according to a representative of the state Game Commission. Rod Ansell, a wildlife conservation officer with the commission's southwest region office, said Thursday that the shooting in the Turkeytown area was justified. The bear was trying to get to a deer the man keeps penned on his property, Ansell said. The shooter's name was not released. Bears have been spotted in Jeannette, Hempfield, North Huntingdon and other areas this spring and summer, Ansell said. Ansell said he received several calls about the shooting, and some people were concerned about a sow and cub also reported to be in the area. "That gentleman called me right away," Ansell said of the property owner. "He did it (shooting) very reluctantly." "If he had been in violation, I'd have issued him a citation," Ansell said. The commission took custody of the bear, as is mandatory in cases of property protection, he said".

Sunday, June 29, 2008



Some points from the recent SCOTUS ruling

This morning, I'm noting a lot of ill informed .or perhaps just informed by misunderstanding of the text. opinions and statements regarding the historic Heller ruling on the scope and applicability of the 2nd amendment. This of course is unsurprising when many people of varying levels of knowledge about law, history, and firearms have just a short time to digest a 90 page majority opinion and another 70 pages of dissents and cites. In the table below, I've selected out the critical passages, and highlighted some of those I consider most instructive or important. Briefly, I need to specifically address some points:

1. Incorporation: Scalia makes it clear in his majority opinion that the second amendment is a fundamental right, that must be treated the same as other fundamental rights such as the first amendment. He specifically notes it in respect to the 14th amendment NUMEROUS times. This decision will be applied universally within the domain of the court, and should be considered controlling upon the states (this is clarified in the later references by the way).

2. Universality: This decision applies to all within the jurisdiction of the court. Excepting prohibited persons (and there is a clear definition under federal law of who those persons are by the way), all individuals under the jurisdiction of U.S. law, have the right to keep and bear arms.

3. Scrutiny: Again, this issue is clear. Though in the opinion itself Scalia does not explicitly state that second amendment issues should be reviewed with strict scrutiny, this is made clear in the text by equating the 2nd amendment with the first, 4th, 14th etc. Further, Scalia explicitly dismisses Stevens call for a "balance of interests" standard of medium scrutiny. This is in effect strict scrutiny, with certain well defined exceptions (such as for felons, the insane, and weapons of mass destruction).

4. Class III (machine guns and other): This one is mixed. Although the majority expresses that some restrictions are permissible, it also explicitly denies outright bans. It is clear that weapons that are in the common usage and available to citizens, are protected. That includes machine guns (machine guns are not illegal for the general public to own, they are just very expensive and tightly restricted). Although Scalia points out that Miller said it was OK to ban short barreled shotguns, he also noted that the decision is flawed, because it only took judicial notice of what was presented to the court, and the original apellant (Miller, though technically he was the respondent for the appeal to the supremes) never presented a case (he died before the date set for arguments, and his attorney didn't bother to show up).

Based on my reading, I would say that the current law prohibiting the new manufacture of machine guns for civilian sale after May of 1986 (actually that's not what it says, but that is how the ATF chose to interpret it) is out; after some long and difficult litigation. However, the door is open for other laws restricting such weapons, fi properly written to pass constitutional scrutiny.

This of course applies to other weapon types specifically targeted for bans; for example the requirement that all weapons imported into the United States have a "sporting purpose", and that certain shotguns are considered "destructive devices" simply by arbitrary features; are also disallowed (again with the caveat that new laws could be written to pass a constitutional standard).

5. Scope: I think it is clear, though it will require significant litigation to hash out details; that no outright ban on any type of weapon (including machine guns as currently construed), excepting weapons of mass destruction, can stand muster. This means that all state "Assault weapons bans" will be struck down. eventually; along with magazine capacity bans, hollowpoint bullet bans etc. (though likely the ban on "armor piercing" handgun ammunition will continue).

I also think it is clear that there is significant room for licensing programs, and standards (including standards for weapons features and functionality)to be set, so long as the requirements for licensing are not discriminatory, arbitrary, capricious, or onerous. Of course, again, that is going to require years of litigation to define better.

I do think that clearly this means the end of Chicago gun laws, and most likely the radical reformation of laws in Massachusetts, New York, California, Hawaii, and New Jersey. I should note that this does not mean universal "shall issue" concealed carry, but it almost certainly DOES mean that all states which allow concealed carry must allow it on a "shall issue" basis; using those standards as a guideline. Unless someone is a prohibited person, as spelled out under law since 1968, you MUST license them (presuming licensing exists).

Additionally, I believe this actually DOES set a requirement for lawful OPEN carry throughout the country; in that self defense is a recognized lawful, and traditional purpose of the bearing of arms.

And of course, this ruling does specifically allow for the restriction of carry of firearms in some ways, and some locations. As Scalia repeatedly says, no constitutionally protected rights are absolute (under the law).

Finally, any legislation that does not EXPLICITLY violate the above prohibitions, but would have the effect of doing so, is certainly disallowed. This means that standards for licensing, firearms design, dealer sale regulations etc. cannot be set so as to constitute an effective ban, or an onerous burden. Now we just need to spend the next 15 years suing to define what constitutes an onerous burden.

Summary of Impact: So you can't ban guns, or any particular types of guns; you can't keep anyone not a prohibited person from buying, owning, keeping, bearing, and using guns for all lawful purposes (including self defense); you can license and set standards for guns to be sold, and for persons to purchase, own, keep, and bear them; but those standards cannot be discriminatory, arbitrary, capricious, or onerous.

Oh and of course, that doesn't get into the halo effect this has on other cases dealing with fundamental rights issues (remember how many times they state that this is simply protecting a pre-existing right).

Source






South Dakota: No charges filed in shooting case: "The decision has been made by the Moody County State's Attorney not to file charges against Matthew Heinricy in connection with the death of Jason Clough on May 25, 2008 outside a rural Colman Residence. The facts of the case indicate a justifiable homicide as defined by State law, SDCL 22-16-34. The Moody County Grand Jury has also investigated the case and taken testimony and has decided not to issue any indictments in connection with the incident. Jason Clough had attempted unsuccessfully to force his way into the Heinricy home on May 25. From outside the house, he fired his shotgun twice at a door, once through the kitchen window at occupants of the house and had raised his shotgun at another window when Heinricy fired back from inside the house, killing Clough instantly. State law provides that homicide is justifiable if committed while resisting an attempt to commit murder, or, in other words, in defending oneself, or, when necessary to save his own life or others' lives, or avoid great bodily harm when attacked in his own home."


Minnesota: Shot-at meth addict is sentenced for St. Paul burglary: "As he stood awaiting sentencing Friday in Ramsey County District Court, Michael G. Spencer had become more than just a methamphetamine addict convicted of burglary. District Judge Michael Monahan told Spencer that he now was a poster boy for this week's U.S. Supreme Court ruling saying Americans had a right to own guns for self-defense. Spencer, who was sentenced to 34 months in prison, was arrested in April after he broke into a St. Paul home but then was subdued by a homeowner armed with a gun. The homeowner fired at him, and, although the bullet missed, Spencer, 31, feigned unconsciousness until police arrived, court records show. His attorney told the judge that Spencer had been a drug user for 14 years and that he was hopeful he could get treatment to turn his life around."


Neighbors with gun nab rapist: "A 20-year-old man is accused of breaking into a Gary home, holding a knife to three children inside and then raping their 16-year-old baby sitter. Cornelius Hines, of Gary, was lying naked, with a pair of socks on his feet and a rag on his head when Gary police arrived, Lake County Criminal Court records state. The teen had just given the two young girls and little boy she was baby-sitting some cookies and tea Saturday when a man, later identified as Hines, came out of the master bedroom holding a knife in his right hand, police said. He told the three children to stand against the wall, adding he would kill them if they said anything, court records state. Hines then grabbed the teen by the arm and pulled her into the bedroom, threatening to kill her if she didn't do what he said, court records state. One of the children ran next door to the neighbor's house and told them what happened. Someone knocked on the bedroom window while Hines and the teen were inside and then knocked on the front door. Hines let the teen go, and she opened the door, records state. The man at the door gave her a shirt to cover herself. Police said Hines entered through a back window into the home. Hines told police he went to the house to visit a friend, saw the teen in the bedroom and asked what she was doing. He said he started to take off his shorts and a knife fell out of his pocket, which scared her, police said. Hines said the kids heard the teen scream and then some "dudes" came in and one had a gun, records state."

Saturday, June 28, 2008



Wyoming man acquitted by jury : "A 12-person jury declared Randal Cosgrove not guilty of attempted second-degree murder and not guilty of aggravated assault Friday. Cosgrove, 47, was accused of shooting his fiance’s 43-year-old son, Joe Hansen in September. Cosgrove’s attorneys, Greg Blenkinsop and Traci Sampson, argued that Cosgrove acted in self-defense when he shot at Hansen. Cosgrove said in a taped interview with Teton County Sheriff’s Office investigators that he shot at the tires of Hansen’s car when Hansen tried to run him over. Blenkinsop argued that Hansen’s recollection of events the night of the shooting were ever-changing and unreliable. He said there was a shortage of physical evidence and there was no way to know “beyond a reasonable doubt” that Cosgrove was not acting legally in self-defense when he fired at Hansen.


Vermont man cleared: "A St. Albans man has been found not guilty for shooting another man on a city street. Matthew Martel, 22, was charged with aggravated assault with a weapon last August. Police say he shot Jonathan Bushee, 20, in the leg during a confrontation on Federal Street. Martel told police he shot Bushee in self-defense. A jury cleared Martel of the crime." [Background here]


McCain applauds ruling: "Presumptive Republican presidential nomine John McCain criticized his Democratic rival Thursday, accusing Barack Obama of having "elitist" gun views. The comments came after the U.S. Supreme Court overturned the District of Columbia's 32-year-old ban on handguns and ruled that Americans have the right to own guns for self-defense and hunting, The Financial Times reported. McCain hailed the ruling as a "landmark victory" for gun rights. Referring to remarks Obama made during the primary campaign, McCain said Obama is out of touch with Americans on gun rights. "Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right -- sacred, just as the right to free speech and assembly," the Arizona senator said."


Obama waffles: "Presumptive Democratic presidential nominee Barack Obama Thursday sought to clarify his position on a Supreme Court ruling striking down a Washington gun ban. The high court struck down the District of Columbia's 32-year-old ban on handgun possession, ruling that Americans have a constitutional right to keep guns in their homes for self-defense. When asked about his reaction, Obama disputed the one outlined earlier by his campaign, ABC News reported. When a reporter noted in November that the District's handgun law was constitutional, Obama distanced himself from the campaign, the network reported. "I don't know what my aide said but I've been very consistent, I teach constitutional law," Obama said. "What I said was that I believe Second Amendment as being an individual right and have said that consistently. I also think that individual right is constrained by the rights of the community to maintain issues with public safety. I don't think those two principles are contradictory and in fact what I've been saying consistently is what the Supreme Court essentially said today." Obama, the junior senator from Illinois, said although the District's gun ban was overturned, the court did affirm the right of local communities to engage in background checks and other "common sense laws."

Friday, June 27, 2008



HOORAY!

All American gun owners know what the above Hooray is all about but, for the benefit of others, one report below:

The US Supreme Court has ruled that Americans have a constitutional right to bear arms, ending a ban on owning handguns in Washington DC in its first ruling on gun rights in 70 years. The court's 5-4 decision - on whether the right to keep and bear arms is fundamentally an individual or collective right - upheld the second amendment of the US constitution on the right to bear arms. "The second amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defence within the home," the court said in a resume of the decision.

It was a victory for gun rights advocates and could have a far reaching impact on gun control legislation across the country. The high court had never before issued a precise ruling on the interpretation of the second amendment to the constitution, which states: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

Washington, home to the White House and the US administration, has some of the toughest gun control laws in the country. Private possession of handguns is strictly banned, and any rifles or shotguns must be kept unloaded in homes or under a trigger lock. City government officials argued the ban, instituted in 1976, was necessary to stem rising gun violence, and that the second amendment protects gun rights for people associated with militias, not individuals.

Lawyers for the plaintiffs in the case, District of Columbia vs Heller, first argued in 2003 that the DC gun ban violates the citizens' second amendment rights. Alan Gura, the lead lawyer for the plaintiff, questioned the anti-crime impact of the city's laws, saying they have "accomplished nothing except to prevent law-abiding citizens from exercising their constitutional right to keep and bear arms."

The case, originally brought by a federal building guard who carries a handgun on duty and wanted to keep it in his home for self-defence, attracted national attention and a flurry of "friend of the court" amicus briefs filed on both sides. Supporters of gun rights include groups as varied as Pink Pistols and Gays and Lesbians for Individual Liberty, Jews for the Preservation of Firearms Ownership, 126 Women State Legislatures, and the powerful, well-financed gun lobby, the National Rifle Association.

On the other side, law enforcement groups, the American Bar Association, US mayors and coalitions against domestic violence have argued that easy access to handguns causes murder rates to rise. The Supreme Court last took up the issue in 1939, but its ruling on a case involving alleged bank robbers and registration of certain firearms did not directly address the question of the individual versus collective right to bear arms.

Source





The dissenters

The decision was a close-run one in that the majority was only 5-4. And some of the dissenting judges can only be called Leftist lunatics. For instance, Justice Stephen Breyer wrote that: "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."

As a reader writes:

"In my opinion the above ranks as the silliest remark ever to come from someone who is supposed to have intelligence. Where is a weapon more likely to be needed? Does he also advocate that troops in a war zone not carry loaded weapons? Why should police be armed?"




Consequences already:

Following Thursday's (5-4) ruling by the U.S. Supreme Court in the case of District of Columbia v. Heller that the Second Amendment protects an individual civil right to keep and bear arms, and that a municipal gun ban violates that right, the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA) filed a federal lawsuit (complaint) challenging the City of Chicago's long-standing handgun ban. "Chicago's handgun ban has failed to stop violent crime," SAF founder Alan Gottlieb stated. "It's time to give the Constitution a chance."

In addition to SAF and ISRA, plaintiffs include Chicago residents Otis McDonald, a retiree who has been working with police to rid his neighborhood of drug dealers, and who wants to have a handgun at his home; Adam Orlov, a former Evanston police officer; software engineer David Lawson and his wife, Colleen, a hypnotherapist, whose home has been targeted by burglars. Attorney Alan Gura, who argued the District of Columbia challenge before the high court, and Chicago area attorney David G. Sigale, represent the plaintiffs. "Our goal," Gura said "is to require state and local officials to respect our Second Amendment right to keep and bear arms. Chicago's handgun ban, and some of its gun registration requirements, are clearly unconstitutional."

"The right to defend our homes and families against those who would do them harm, whether a random criminal, violent ex-domestic partner, or other wrongdoer, is one of the principles upon which America was founded," Sigale said. "It is time the City of Chicago trust its honest, law-abiding residents with this Constitutional right." "The city has been denying gun owners their civil rights for a long time and I think this lawsuit could have a profound effect on their registration law," ISRA Executive Director Richard Pearson added.

Under the gun law currently in place, firearms must be re-registered annually. "Each time," Gura said, "a tax is imposed, forms must be filled out, photographs submitted. A person who owns more than one gun will find herself or himself constantly in the process of registering each gun as it comes due for expiration. If registration is to be required, once is enough."

He further noted that Chicago's bizarre requirement that guns be registered before they are acquired often times makes registration impossible. The penalty for failure to comply with the registration scheme is that a gun not re-registered on time can never be registered again. Gura likened it to a requirement to dispose of a car if it is not re-registered on time with the Department of Motor Vehicles.

Source





And we might soon see more of this

CHARLOTTE, N.C. -- Armed neighbors are now patrolling the Central Avenue business district in response to a shooting and three armed robberies at nearby businesses. Overall, neighbors and police say the area is safe. The Neighborhood Watch Alliance, started by Scott Yamanashi, includes nightly patrols from 9 p.m. to 2 a.m. Yamanashi says there are up to 20 members who wish to remain anonymous. Nearly all, he says, have conceal and carry permits and take their handguns with them during their patrols.

"It's the pattern of crime, the brazenness of criminals and me getting shot, which may have culminated into this movement," Yamanashi said. He was shot in the arm earlier this year while breaking up an armed robbery at the Snug Harbor Bar. "We want to draw a line in the sand and say this is enough," he said. His injury prompted the idea of armed citizen patrols. "We just want to be an added set of eyes and ears. A neighborhood watch that has some teeth," he said.

Yamanashi says the patrols are already paying off by calling police about strangers hanging around people's homes and businesses. "Casing, I guess you could call it," he said.

Police say they support the group's Second Amendment rights. But one blogger says he'd feel better if the guns stayed at home and hopes wisdom and patience prevail if there's ever an armed encounter.

Police caught the man who shot Yamanashi but his accomplice is still out there. Yamanashi says if he comes across him, he's reaching for his cell phone. He says it's about neighbors being vigilant, not becoming vigilantes. "If I take the law into my own hands then that would be vigilantism. But, under the Second Amendment I have the right to basically patrol my neighborhood and carry a firearm for my own protection," he said. Yamanashi does not have a conceal-carry permit. He says even for members who do, their first action will be calling 911 if they see a problem.

Source

Thursday, June 26, 2008



Maryland: Invader shot in butt: "A man was shot during an attempted robbery at a home in Cumberland Wednesday morning. Investigators with the Allegany County Combined Criminal Investigation Unit say there was an altercation at a home in the 300-block of Pulaski Street. Residents heard gunshots just before 6:50 a.m. Police say Michael Evans and Corey Adams of Petersburg, Virginia came into the house and demanded money. Evans was shot at several times in the buttocks and leg. The two ran out of the home and drove out of the area. When officers arrived at the home, there was one victim with non life-threatening injuries. The people witnesses gave police a description of the suspects and their vehicle. Officers stopped the suspects on Interstate 68 and Evans was taken to Cumberland Memorial Hospital. He was later taken to Baltimore Shock Trauma for more treatment. Evans and Adams face several charges of armed robbery, assault and theft."


Ireland: Acquitted man wants his shotgun back: “Manslaughter acquitted Padraig Nally says he now wants gardai to return the gun he used to kill burglar John ‘Frog’ Ward.The Mayo farmer has demanded the return of his shotgun, claiming he is living in fear of being attacked at his home again.Mr Nally (64) was cleared of manslaughter after shooting dead Traveller Mr Ward, who he caught breaking into his home four years ago.He now maintains: ‘Everyone is saying I should have a gun.’”Mr Nally said he was informed at the time of the trial that he would not be allowed to have a firearm again under any circumstances, but had since been told he was now entitled to one because of his acquittal.”


Intruder on couch shot: "A man who shot and killed an intruder inside his Mardonna Way home in the middle of the night last week indicated to police and his wife that the trespasser beat him up and he acted in self-defense, according to a court document. With Cramer detained following the 3 a.m. shooting, two Sutherlin police officers entered the home and found Michael Shane Smith, 35, dead on the couch. Smith was “lying on his side with his feet propped up on the couch, facing the center of the living room,” according to the search warrant affidavit filed in court Tuesday. He appeared to have been shot in the upper chest, according to the affidavit. Police had been called to the home early that morning after Cramer’s wife, Christy, discovered an unknown man passed out on her couch. She grabbed her young daughter and left the home, heading to a nearby bar to retrieve Keith Cramer, according to police. When they returned, Christy Cramer followed her husband into the home to get a phone while their daughter waited in the car. Christy Cramer told police she heard her husband shouting something to the man on the couch, according to the affidavit. .. On Monday, Cramer’s attorney, Danny Lang, said Smith had made “sudden aggressive movements” toward his client before the shooting and that Cramer feared for his own safety and his family’s safety. No charges have been filed against Cramer, and Lang said it appears the man was acting in self-defense. A Douglas County grand jury is expected to hear the case and decide whether a crime was committed."


Colorado: Drunken quarrel. Wife shoots husband. Gets off: "A woman accused of shooting her husband during a struggle will not be charged in his death. 38-year-old Robin Gall was arrested after authorities arrived at her home on June 9th to find her husband shot to death inside. Robin was sitting on her porch in tears with the couple's three daughters. She freely admitted to shooting him. During the investigation, police pieced together that the couple had been out drinking throughout the afternoon. When they arrived home around 8:30 p.m., Robin's husband Brent Gall got upset about an incident at the bar when Robin hugged another man. The couple began struggling, which eventually led to Robin pulling out the family's gun and shooting Brent in the chest. Robin is now released from the Fremont County Jail because the District Attorney didn't believe a jury would convict her, so no charges were filed. He confirmed that it was ruled she acted in self defense."

Wednesday, June 25, 2008



SC: Charges dropped against woman who shot boyfriend: "A Ladson woman who admits she shot her live-in boyfriend three times and killed him won't go to trial after the Solicitor's Office dropped charges against her. They say all the facts all point to self-defense. 31-year-old Stephanie Morosi admitted to killing Jason Pruitt in September of 2006. She had known Truitt for five years and he had just been evicted from her home. Morosi told police Truitt had been violent with her on several occasions. She even attended domestic violence workshops and then bought a gun, which was eventually used to kill him. Morosi told police that Truitt came after her during an argument in her home. She believed he was going to kill her, so she said she grabbed her gun and shot him three times. The Berkeley County Sheriff's Office found a hunting knife on his belt, and a steak knife next to him on the ground. In South Carolina, self-defense does not have to be proven by the defendant. It is the burden of the state to prove beyond a reasonable doubt that it was not self defense. The Solicitor's Office says they had no choice but to drop the charges. Morosi was released on bond three months after the shooting". [Three months jail on "no chance" charges??]


Weapon theme boosts Beirut cafe : "A fast-food restaurant in Beirut has adopted a terrorism theme to attract customers. Diners at Buns and Guns eat to the sound of gunfire instead of muzak, weapons and ammunition decorate the counters, and camouflage netting hangs from the ceiling, reports the BBC. Owner Yousef Ibrahim presents dishes like `rocket-propelled grenade' (chicken on a skewer) and `terrorist bread.' Other meals include the Kalashnikov, Dragunov, Viper, B52."


WV: Pressure scuttles city gun ban: "The Ranson City Council is expected to abandon efforts to pass a proposed ordinance that would ban firearms from city-owned property due to pressure from gun rights groups. Groups such as the National Rifle Association and the West Virginia Citizens Defense League have sent letters to city officials decrying the proposed ordinance and have threatened to take action should the council attempt to pass it. "I think it's enough to say that we've heard from the interested parties - without being specific about who the interested parties are - and we feel that it is probably in our best judgment to forgo any further action relative to this situation," Ranson Mayor A. David Hamill said Monday. The proposed ordinance was brought up at the council's last general meeting, but consideration of the ordinance was tabled because of concerns its wording might be too vague. The intent of the proposal was to ban firearms from city-owned properties such as city-owned buildings and parks, but not within the entire city limits itself. The issue arose after an individual showed up with a gun about a month ago at a semipro football game at Ranson's Charles C. Marcus Field. The man did have a permit to carry a concealed weapon, but agreed to remove the gun from the public field".


Seattle mayor could learn from small town colleague : "Seattle Mayor Greg Nickels could take a lesson from Montesano Mayor Ron Schillinger, who has properly vetoed an ordinance that would have banned firearms in city parks, even those carried by legally-licensed citizens, the Citizens Committee for the Right to Keep and Bear Arms said today. The ordinance was passed June 10 by the Montesano City Council on a narrow 4-3 vote, one day after Nickels announced that he plans to ban guns from all Seattle city property, even if a citizen has a current concealed pistol license, or if they are legally carrying openly."

Tuesday, June 24, 2008



Alabama: Shots Fired in Parking Lot Leave One Injured: "A man who authorities say was trying to break up a fight Sunday night apparently felt threatened and pulled a gun. The man, who has not been identified, fired his gun in the parking lot of a shopping center. The shooting happened just outside the Pratt Pub Oyster Bar on Main Street. According to officials, a man saw a couple arguing and tried to intervene. However, the couple didn't appear to want his help. The victim began approaching the man and, according to authorities, despite warnings that he had a gun, the victim did not stop. The man then opened fire. The victim was taken to a Montgomery hospital. The extent of his injuries are unclear at this time. Authorities say the shooting appears to have been in self defense, so it's unlikely any charges will be filed. So far, no names have been released."


Thousands sign petition to make Texas an open-carry state: "If Duane Suddeth had his way, he could strap on a handgun and wear it - anytime, anywhere - without concealing it. That day has not come in Texas, but the 42-year-old Bedford man is among thousands hoping it is on its way. "This is the public's right," Suddeth said. "Whether they choose to exercise that or not is up to them." Texas, despite its independence and frontier reputation, is one of only six states where handguns cannot - in some form - legally be worn in plain view. Suddeth is among a group of residents wanting to change that who have joined a growing nationwide "open-carry" movement. Some say it harks back to constitutional rights and frontier days when settlers carried their weapons where everyone could see them."


SF wastes public money supporting futile bans: "San Francisco's budget crisis underscores the frivolity of the city's stubborn and expensive defense of its doomed-from-the-start 2005 gun ban, the Second Amendment Foundation said today. SAF founder Alan M. Gottlieb said the city administration's pursuit of this case - which was almost a carbon copy of a similar court action 23 years ago that was also won by the Foundation - is a clear indication that "fiscal and philosophical irresponsibility run hand-in-hand on the Board of Supervisors and in the mayor's office." "Mayor Gavin Newsom should have, and probably could have, stopped this case dead in its tracks after the city's first loss in the trial court," Gottlieb noted. "Instead, the city doggedly appealed, and appealed again, and for what? To make a political statement of some sort? When you're hemorrhaging money from the city budget, pushing a court case that you already know you're going to lose is remarkable carelessness with the public's money."


Vitter to introduce concealed carry reciprocity: "Senator David Vitter (R-LA) is planning to introduce a concealed carry reciprocity bill next week. Senator Vitter had been working closely with Gun Owners of America to draft and file a reciprocity amendment a few weeks ago, but that amendment, unfortunately, never saw the light of day - thanks to powerful opponents inside the Senate. However, Sen. Vitter has continued undaunted and last week sent a Dear Colleague letter to his fellow senators, asking them to cosponsor his forthcoming bill, the `Respecting States Rights and Concealed Carry Reciprocity Act.'"

Monday, June 23, 2008



Georgia homeowner wounds would-be burglar: "Fulton County police said they will consult with the district attorneys office before deciding on whether to charge a homeowner who shot and wounded a teenager charged with breaking into his townhouse Saturday evening. "We're still looking into the homeowner," Fulton County police spokesman Scott McBride said Sunday. "We don't know if charges will be filed. [Investigators] have to talk with the [Fulton County] district attorney's office about that." The homeowner, identified as Desonte Lindsey, 28, shot and wounded a teen breaking into his townhouse in the 6200 block of Flat Trace, near Union City, police said. "The guy hears the front doorbell ring" just before 6 p.m., McBride said. "When he goes down to answer it, a 16-year-old kicks in his back door." The man got a gun and fired twice at the teen, hitting him once in the arm, McBride said. The youth ran, and the man chased him into a nearby wooded area and lost him. Lindsey told police it was the second time this month his home had been broken into. The teen was arrested after calling 911 to report he'd been shot, McBride said. He is charged with burglary and criminal trespass, McBride said. The teen underwent surgery at Southern Regional Medical Center on Saturday to remove a bullet from his arm."


Kentucky man shoots intruder, police say: "Kentucky State Police are investigating a shooting in McCreary County that happened after a 19-year-old Pine Knot man awoke to being assaulted. Charles Murphy told police that about 6 a.m. Sunday he woke up to an attack by Rusty L. Hayes, 20, who had entered Murphy's home on Ky. 1651. Murphy retrieved a handgun and shot at Hayes, hitting him twice, police said. Hayes was taken to the University of Tennessee Medical Center in Knoxville for treatment. No charges have been filed pending completion of the investigation."


TN: Three nabbed after manhunt: "Three people are in custody after an all-day manhunt after an attempted home burglary on Sherrilltown Road in the Norene Community, south-southeast of Lebanon, on Thursday. Wilson County Sheriff Terry Ashe said the incident began around 7 a.m. yesterday when a home on Sherrilltown Road was allegedly broken into. Alan Ricketts, brother of the man who owns the home, and their father, heard the break-in and ran and confronted the three suspects as they were leaving the residence. Ricketts and their father reside nearby. Ashe said the three suspects tried to run over Ricketts and his father in their truck. Ricketts and his father then began shooting at the three. The gunshots damaged the truck which ended up in a ditch. The three suspects escaped on foot. The three suspects have been identified as Timmy Dewayne Tomlinson Jr., 22, of Holloway Circle, Lebanon; Jeffery Craddock, 26, of Trousdale Ferry Pike, Lebanon; and Shanna Seibers, 29, of 441 Grant Highway, Gordonsville. The sheriff praised the actions of Ricketts and his father, noting they fired their weapons only to disable the truck the suspects were in and not to hurt them."


The wonderful power of signs: "Following a shooting at the recent Folklife Festival - Seattle’s Mayor Greg Nickels signed an executive order asking all departments to come up with a plan to ban guns on all property owned by that city. What stands out in my mind is that, if you look at all of the shootings that have occurred in “Gun Free Zones,” it’s obvious that the rules are obeyed only by law-abiding citizens (aka: victims) and are completely ignored by criminals. Were it otherwise, we could easily expand upon such ideas and simply post signs everywhere saying: “No crime beyond this point” and what a wonderful, fear-free society we’d all then have. It’d be great if we lived in a world wherein people intent on perpetrating acts of violence weren’t present. It’d be great if we lived in a world wherein protection for all was only seconds away. It’d be great if we lived in a world wherein, when confronted by goblins, each of us knew with certainty that we could turn them away on our own. Unfortunately, we don’t live in such a world and protecting ourselves sometimes requires a lot more than harsh words, flinty stares, or - in other cases - asking for mercy from our assailants."

Sunday, June 22, 2008



Baltimore man shoots back: "A 22-year-old Baltimore man charged with murder pleaded guilty yesterday to a handgun charge and was sentenced to time served in prison and probation.... He said that the two teens had tried to rob him on the front steps of his house in the 2100 block of Garrison Blvd. and fired at him first. "Christopher Ford and Neil Rather walked up to my client's front steps and pulled a gun on him," Haskins' defense attorney, Janice Bledsoe, said yesterday. If Haskins, who until yesterday had no criminal record, violates his probation, Baltimore Circuit Judge John P. Miller could sentence him to up to three years in prison. "The outcome of this case rests squarely on the issue that the defendant had a viable self-defense argument," said Assistant State's Attorney Diana Smith."


Ohio shooter cops drug charge only: "David Klamer Jr., the 49-year-old city man charged with aggravated drug trafficking and killing a drug dealer who had come to his house to rob him, has pleaded guilty to the drug offense. In court Friday, Martin P. Desmond, an assistant Mahoning County prosecutor, said the prosecutor's office decided to drop the murder charge against Klamer... Police said Richard Helms, 43, of Himrod Avenue, and Jones, 30, of Wampum Drive, went to Klamer's home to sell him OxyContin and rob him. Helms and Klamer drew handguns and fired at each other, police said. Helms died of a gunshot to the head.... Judge R. Scott Krichbaum, who presided over Klamer's hearing Friday in Mahoning County Common Pleas Court, said he never believed Klamer deserved to be charged for the shooting. "You shot somebody who was there to rob you," he said. "These are bad guys with guns, but you're not lily white in all of this either. Judge Krichbaum said he would probably sentence Klamer to between two and three years in prison after the Adult Probation Department conducts a presentence investigation."


Highly variable rules: "There was his birth certificate, driver's license, and the utility bill he handed over to prove who he was and where he lived, he says. Plus the letter verifying his membership in a gun club, and the copy of his safety certificate, and that passing grade on his marksmanship test. Not to mention being photographed, and fingerprinted for the background check. By the time he was finished with the process of applying for a license to carry a concealed handgun in Boston a few years back, Jim Lynch says, he was made to feel like an outlaw. Except, he notes, the bad guys don't bother getting a license. "It's ironic," says Lynch, a 38-year-old writer for a computer-publishing company. "The gangbangers don't pay any attention to the rules." Though he eventually got a license and a .40-caliber pistol - albeit with strict limitations on its use - Lynch did what any frustrated citizen might have: He moved to New Hampshire. There, he says, the application to carry a concealed gun is a veritable breeze: valid ID, three references, a background check - and a 14-day maximum wait time versus up to eight weeks in Boston. "You're not treated as a criminal in New Hampshire," says Lynch, who is gay and says he carries a firearm for self-protection. "You're an actual citizen." Many local gun owners are now similarly upset over what they see as licensing measures that are chokingly tight and widely inconsistent - not only from state to state but from city to town".


Ohio man illegally harassed by cops: "Bryan Ledford, an Ohioans For Concealed Carry member, was walking down a street in Willowick, OH yesterday when he was ordered to his knees at gunpoint by several police officers. Our member was exercising his right to Keep and Bear Arms by openly carrying a firearm. He did also have a concealed handgun license. A Willowick Police Sergeant showed up at the scene, and our member was berated by several of the officers over his choice to openly carry, even being told that, "you can't just walk around with your gun exposed" and that he "made a piss-poor decision. It has to be concealed." As people educated about Ohio law know, there is absolutely nothing illegal about open carry of a firearm in places not prohibited by federal or state law. Our member recorded the incident (audio is available in .mp3 format at the end of this story), verifying what appears to be numerous incidents of officers displaying an ignorance of the law and possibly civil rights violations. If nothing else, they were grossly misinformed when threatening to arrest him for disturbing the peace."