WA:Nuclear Security Guard Shoot Drunk Home Intruder

From another article, Rudy Ontiveros is a nuclear plant security guard.  This appears to be the second case this week of a person being stupid and aggressively drunk, being shot by a homeowner.

Rudy Ontiveros heard someone pounding on his door and armed himself. A woman inside the home called 911 to report an intruder. Police won't say how Aceves got inside the home, whether the door was locked or unlocked or whether he forced his way in. They do believe some words were exchanged between Ontiveros and Aceves.

Then shots were fired.

When police rushed to the quiet west Pasco neighborhood, Aceves was already dead.

More Here

AL: Gun Reform Bill Passes Senate 20-7

Alabama SB 354  passed the senate on Wednesday by the wide margin of 20 - 7.

The bill includes vehicles as an extension of the home for purposes of carrying firearms, recognizing the right to bear arms extends to a person's vehicle, where a great deal of time is spent in modern society.  This is especially helpful to the growing number of people who live in recreational vehicles and travel about the country.

The bill makes clear that open carry of firearms is not disorderly conduct.  In the section dealing with definitions of disorderly conduct, the bill reads:

"The mere lawful carrying of a visible, holstered or secured  firearm in a public place, in and of itself, shall not be a violation of this section."

This reform follows the trend in other legislatures such as Wisconsin and Utah, where the law has been clarified to prevent the use of a disorderly conduct charge to abuse citizens who are exercising their second amendment rights.

The effect of the bill would be to make Alabama considerably more friendly to the open carry of firearms.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

David Codrea: Appeals court deals latest blow to Reese family by overturning new trial

The Reese family will not get the new trial a District Court judge ordered over a year ago, the Tenth Circuit Court of Appeals ruled Wednesday. That ruling had been issued because the prosecution withheld evidence from the defense and from jurors that a witness against the embattled former gun dealers, Deputy Allen Batts of the Luna County Sheriff’s Department, was himself the subject of an FBI investigation, a fact that wasn’t brought to light until four months after the 2012 trial had ended.

“The district court concluded that the government had indeed withheld favorable, material evidence from Defendants and accordingly granted their motion,” the court acknowledged before issuing its reversal. “There is not a reasonable probability that the trial’s outcome would have been different had the government disclosed the investigation. We therefore reverse the district court’s order and remand this case for further proceedings.”

This latest ruling is another in a series of heavy blows against a family which has endured an ordeal approaching three years. Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges.

More Here at Gun Rights Examiner

Dave Workman: Should ATF be Altered or Abolished?

Sen. Feinstein wants President Obama to “ensure that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) fully enforces the ban on the importation of these military-style firearms.”

It’s been a bad week for the ATF leading up to yesterday’s publicity about a new subpoena issued by the House Oversight Committee Chair Rep. Darrell Issa, and now Feinstein wants to drag the agency even deeper into the mire. All of this once again raises a question that has been discussed and debated for several years: Should the role of ATF be significantly altered – say to nothing more than a regulatory operation – or should the agency, with a reputation for somewhat “rogue” behavior, be abolished altogether?

It’s a fair question, considering the re-erupting scandal over ATF “storefront sting” operations in six cities called “Operation Fearless.” As this column reported yesterday, Congressman Issa says the agency has been stonewalling for a year on his inquiries about the operation that was exposed by a series of stories in the Milwaukee Journal-Sentinel.

Last weekend’s raid on California’s Ares Armor has become something of an internet sensation, with video posted on YouTube, and CEO Dimitrios Karras actively pleading his case to the court of public opinion.

People still have questions about the ATF’s horribly mismanaged Operation Fast and Furious, which allowed a couple of thousand guns to travel into the criminal pipeline to Mexico, and was the source of a gun linked directly to the murder of Border Patrol agent Brian Terry in December 2010.

More Here at Seattle Gun Rights Examiner

GA:Gun Reform Bill Passes Legislature, Next to Governor

HB60, as the bill finally came to be know after a tortuous trip through the Georgia Legislature, finally passed the house today 112 to 58, and now awaits action from Governor Deal.  The Governor has this to say, on his reelection website: "As governor, Deal has signed every pro-gun rights bill to reach his desk."   He makes the promise that he will continue to do the same.  From georgieacarry.org, he has these options:

A) He may sign the bill and it becomes law on July 1, 2014

B) He may veto the bill and send it back to the chambers, which can be overridden by a 2/3 majority vote from each chamber.

C) He can ignore the bill and it becomes law in either 7 or 40 days, depending on when it was transmitted to the governor. We asked that it be transmitted immediately, but did not get confirmation on whether that happened or not.

HB60 seems to be basically the older HB875 with hunting  with suppressors included and "opt in" for churches instead of "opt out".  One reform is that the penalty for carrying in a church that has not "opted in" is reduced to a civil fine like a traffic ticket.  Here is what we seem to get with HB60:

• Removal of fingerprinting for renewal of Weapons Carry Licenses (“WCL”).
• Prohibiting the state from creating and maintaining a database of WCL holders.
• Creation of an absolute defense for the legal use of deadly force in the face of a violent attack.
• Removal of the sweeping restrictions on legally carrying a firearm with a WCL in bars, leaving this decision to private property owners.
• Lowering the age to obtain a concealed WCL for self-defense from 21 to 18 for active duty military, with specific training.
• Repealing the unnecessary and duplicative state-required license for a firearms dealer, instead requiring only a Federal Firearms License (FFL).
• Preempting a ban on firearms in public housing, ensuring that the right to self-defense should not be infringed based on where one calls home.
• Codifying the ability to legally carry, with a WCL, in sterile/non-secure areas of airports.
• Incorporation of the NICS Improvement Amendments Act for mental health reporting.
• Stating that under a declared state of emergency, all law-abiding gun owners will not have their Second Amendment rights restricted or infringed by executive authority through Emergency Powers protection.
• Strengthening current firearms preemption statutes through further clarification of the regulatory authority of local governments, excluding firearm discharge ordinances.
• Allowing school systems to decide whether staff and faculty may carry a firearm on school property, pending approved training, similar to the NRA’s National School Shield program.
• Allowing the lawful carry by WCL holders in government buildings where it is not currently restricted or security screening personnel are posted during regular business hours.
•  Hunting with suppressors allowed.
• Opt in for Churches, rather than traditional private property rights, and reduction for of the penalty for carrying in a church that does not opt in to a $100 civil fine.

I have not yet found the finished version of the bill online.   Georgia Carry, the NRA, and others that I am sure are out there, have been working to get reform through the legislature for the last four years. 


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Eugene Volokh: Hawaii restrictions on gun carrying (essentially) held unconstitutional — for now

The case is Baker v. Kealoha (9th Cir. Mar. 20, 2014), and it’s unsurprising: The same Ninth Circuit panel struck down the California restrictions on gun carrying last month in Peruta v. County of San Diego, and the Hawaii restrictions are in important respects similar to the California ones — both basically bar people from having guns to defend themselves in public places (unless they have licenses that can be issued or not at the discretion of local law enforcement, and that are in many places very hard to get). The Baker decision says that it “remand[s] for further proceedings consistent with Peruta, but the writing is on the wall.

More Here

Children and Fatal Gun Accidents

Toward the end of this article on Democrat Senators' attempts to deceive their voters, John Lott has some interesting and hard to find numbers on children, guns, and accidents compared to other items. 

Accidental gun deaths involving children are especially horrible, but they are fortunately rare. Take the last five years for which the Centers for Disease Control data are available, 2006 to 2010.

On average there were 33 accidental gun deaths per year for children under 10. Including children under 15 raises the number to 58.

Research done on cases before the CDC privacy restrictions found that most cases for those under 10 involved adults firing the gun, not children getting a hold of their parent's guns.

The real risk factor isn't whether people residing in these homes own guns, but whether violent felons live there.

Over the same five years for children under 15, accidental suffocations alone averaged 1,162 deaths per year; drownings 736; 376 children died from fires; 106 died from poisonings; 84 died from accidents while riding bicycles. For children under age 5, 70 a year drown in bathtubs.

Even worse, states that have mandated that people lock up their guns didn’t see a reduction in accidental gun deaths or suicides for children or teenagers. Instead, as guns became less accessible for self-defense, criminals became more emboldened to attack people in their homes and their crimes were more successful.

Here is a link for Lott's article.  It is well worth reading the entire document.

That is excellent work by John Lott.  I do not agree that "gun deaths" are "especially horrible".   Separating out "gun deaths" from other accidental, criminal or suicidal deaths is a linguistic trick designed to win the debate on the second amendment by definition.   I am a little surprised to see John Lott falling for it.  All accidental deaths of children are equally bad.

Opponents of the second amendment often lump suicides, accidents, unjustified homicides, and justified homicides all together under a chaotic rubric that they label "gun deaths".   This serves to disguise their intentions.   The impression is given, depending on the article, that "gun deaths" are primarily accidents, or homicides by otherwise law abiding people, which is blatantly false.   The vast majority of homicides are done by people with a criminal history against people with a criminal history, a small subset of the population.  This same small group takes numerous risks and is disproportionately involved in severe accidents.

It seems a little odd that we do not have any data later than 2010.   That was at least three years ago, but I have not been able to find more recent data.

The article could have revolved entirely around bathtubs and swimming pools, which are involved in many more accidents fatal to children than firearms are.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Dave Workman:Issa subpoenas ATF over storefront stings; Ares Armor case on hold

Chairman Issa does not have anyone to enforce his demands. That is why the administration ignores them.

As long as Harry Reid and the old media back President Obama, the House of Representatives is toothless.

He cannot do much of anything else. He has no force at his command, and the President does. He cannot even appeal to public opinion, because the old media is in collusion with the President. He cannot pass legislation because it is blocked in the Senate by Harry Reid, also in collusion with the President. 
 

 The best we can do is grow the new media and inform as many people as possible. Maybe we can change the Senate in 2014.

From Dave Workman:

Two seemingly unrelated cases involving the Bureau of Alcohol, Tobacco, Firearms and Explosives will keep that agency in the headlines, with California's Ares Armor's legal action against the ATF placed on hold yesterday, while Congressman Darrell Issa, chair of the House Oversight Committee, late yesterday issued a subpoena to the ATF over yet another scandal, this involving storefront sting operations.

A hearing on Ares Armor’s motion for a preliminary injunction against ATF, originally scheduled for this afternoon, is now off the calendar, vacated as moot by the U.S. District Court for the Southern District of California, in the wake of last weekend’s search by ATF of business sites owned by Lycurgan, Inc., doing business as Ares Armor. National Gun Rights Examiner David Codrea details that part of the story here.

But while Codrea was busy with that, Issa was moving on the subpoenas. According to a Thursday morning press release from the House Oversight and Government Reform Committee, Issa is going after documents relating to ATF’s “storefront sting operations” in several cities, including Milwaukee, Wis., Portland, Ore., Wichita, Kan., Albuquerque, N.M., Pensacola, Fla., and Atlanta, Ga.

These sting operations were exposed by stories in the Milwaukee Journal-Sentinel early last year regarding “Operation Fearless.” This was the sting operation in that city that, according to today’s press release, “was fundamentally mismanaged.” Further media reports revealed that the agency allegedly “exploited a mentally disabled man” and then subsequently charged him with a crime.

More Here

Under Threat of Invasion, Ukraine orders Citizens to Disarm

The EU and the new Ukrainian government must believe in the orwellian "weakness is strength" idiocy.  They should be making those arms legal, not disarming their citizens.

KIEV, Ukraine — In an effort to stabilize Ukraine and extend its authority, the interim government has set a deadline of Friday for turning in the illegal firearms that are now carried openly by so-called self-defense groups in Independence Square, the politically important plaza in the center of the capital.

(snip)

 “Arms out of control of the state are of course a factor in instability, and should not be allowed to drift by inertia,” he said. “In the context of Russian agents crossing the border, the guns are a catalyst for disorder. Arming the population is not our policy.”

More Here

TN: Couple Fights Back, Kills Robber

The man fought with the robber, giving the woman the opportunity to grab the gun and shoot the robber.  The man was wounded in the process.  He is expected to recover.

(Memphis)  Police say a man who tried to rob two people this morning in Whitehaven was shot and killed with his own gun.

(snip)

 They say during a struggle the woman got the robber’s gun and fired several shots killing him and injuring the man who was with her.

More Here

David Codrea: Update: Ares Armor and EPArmory Represented by Top Law Firm

The United States District Court, Southern District of California on Wednesday granted a joint motion filed earlier in the day by attorneys for Ares Armor and the Department of Justice. The order vacated as moot a preliminary injunction hearing scheduled for Thursday, vacated the Temporary Restraining Order issued on March 11 (and the modification issued on March 14), and affirmed Ares Armor’s rights to file an amended complaint and to seek further injunctive relief.

“In consideration of the specific injunctive relief requested by the [temporary restraining order obtained by Ares Armor on March 11] to prevent the seizure of the Property [i.e., the precursor receivers and customer information], the Court’s modification of the TRO on March 14, the issuance of a search warrant and the subsequent execution of that warrant and seizure of the Property by the Defendants on March 15, 2014, the request for injunctive relief to prevent the seizure of the Property appears moot,” the motion explained. “Judicial economy and the parties’ interests in preserving resources for litigating the actual merits of this case are furthered by dropping the preliminary injunction issue at [t]his time.”

“[T]he requested injunctive relief is now moot, and ... going forward with the hearing would be a waste of resources,” the court agreed.
Today’s motion and order marks the bringing out of the big guns, as Ares Armor was represented by Chuck Michel of Michel & Associates, P.C. Michel’s clients include the National Rifle Association and its state affiliate, the California Rifle and Pistol Association. Additionally, NRA’s lawyers and experts are assisting on the specific legal and technical issues.

Michel’s firm has litigated literally hundreds of firearms cases involving constitutional issues, including Second Amendment challenges, in both state and federal trial and appellate courts, and over the years Michel has helped both draft as well as advocate against ill-conceived legislation in order to protect California gun owners. Most recently, Michel’s firm brought us the tremendous win in the NRA-sponsored Peruta case which, if it withstands further Ninth Circuit or Supreme Court review, will bring shall-issue to California.

In related developments, legal sources advise Gun Rights Examiner that actions against EP Armory and Ares Armor were initiated in large part because of law enforcement interest in so-called “build parties,” including when such collaborative efforts would legally be considered “manufacturing firearms.” Concerns expressed by the California Department of Justice were also said to play an influential role in ATF’s decision to assert itself through the recent investigations and seizures.


More Here at Gun Rights Examiner

IN: Gun Reforms Arrive on Governor Pence's Desk

SEA 169 and SEA 229 arrived on Governor Pence's desk today, 20 March, with 192 other bills.  The Governor now has seven days to sign, veto, or allow the bills to become law.  If he takes the last option, the bill becomes law on the 8th day.

SEA 169 makes it a felony to knowingly provide a firearm to a felon.

SEA 229 is the culmination of the bills to eliminate the "roaming school zones" the school parking lot felony trap, and to prohibit the use of government money for gun turn in events, also known as "buy backs".   While the ability of police agencies to destroy guns that are turned in to them was added at the last minute, the bill makes it easier for them to either sell the guns or convert them to money by selling them for parts and having the receivers destroyed.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Arkansas Has Constitutional Carry Walks in Russleville and Mountain Home

Constitutional/open/Celebrate Act 746 Walk in Russelville, Arkansas

Two separate open carry/ constitutional carry, or celebrate Act 746 walks, took place in Arkansas last Saturday, 15 March.   One of the walks was in Russelville, the second was in Mountain Home.   Both walks were peaceful and relatively uneventful, as has come to be the norm.  No one was arrested and a good time was had.  From Arkansascarry.com:

The Russellvile open carry celebration walk on March 15th, 2014 was another huge success. The Russellville police department was very easy to work with and Fat Daddy's BBQ did an excellent job feeding all of us. Great food as well if you are ever in the Russellvile area.

Another Act 746 celebration march was held in Mountain Home, with at least 70 participants.   The pictures show a group three times the size of the Russelville march.   From the baxterbulletin.com:

Organized by Arkansas Carry, the unprecedented event for the Twin Lakes Area celebrated what the pro-gun group calls the right of state residents to openly carry a firearm, an interpretation it believes is lawful through Act 746 legislation passed last April by Arkansas lawmakers.

 As has become common in these events, the group received feedback that their actions were appreciated:

 As the group walked, passing motorists occasionally honked their horns and waved, with group members waving back under sunny skies.

On the discussion forum for Arkansas at opencarry.org, endorphine44 sums up what has happened with the education effort on Act 746 so far:

all of the threats and posturing from the anti-gun crowd has been exactly that so far. I think they fully understand they can't do anything about it and are hoping the idle threats will stop it.

I'm not aware of anyone being arrested for open carry, even in cities that have squealed the loudest about not allowing it. The worst story I can come up with was a 10-15 min "detention" by LRPD in a WalMart that ended with everyone walking away.

Last year I would have bet money that this would have already resulted in an arrest and court case to validate Constitutional Carry in Arkansas, but at this point I'm almost convinced it's going to happen without any challenge at all. As more people become comfortable with open carry and are exposed to more people carrying in the open there will be much less will of the people to change or "clarify" the law.

 Another celebrate Act 746 walk is scheduled for Eureka Springs on March 29th.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Appeals Court Decision in Reese Family Case

The Tea Party Patriots of Luna County has been the best source of information aobut this case.

The Tenth Circuit U.S. Court of Appeals published its Order in U.S.A. v REESE etal. on March 19, 2014.

In August 2012, Rick and Terri Reese were convicted of one count each of making false statements on ATF Form 4473, and Ryin Reese was convicted of two counts of making false statements on ATF Form 4473.  In December, information was alleged in open court by the Chief of the Criminal Division concerning a criminal investigation involving Deputy Sheriff Alan Batts.   (No charges have been filed to date as far as this writer knows.)  The revelation led to an evidentiary hearing in January 2013, which eventually led Judge Robert Brack granting a defense motion for a new trial.

The government appealed Judge Brack’s decision to grant a new trial for the Reeses.

In November 2013, the defense and the prosecution argued the legal technical points of whether or not Judge Brack erred in granting a new trial.   A recap of the appellate arguments can be reviewed at this link:   http://www.lunatpp.org/reese-case-defense-team-defends-judge-bracks-order/  Reese appellate attorney Herb Titus argued in part that Deputy Batts was a key government witnesss.
“Due process requires a new trial if the government withholds evidence that is favorable to the defendant and material to guilt or punishment. Smith v Cain”.   Three elements which the Reeses needed to prove was that 1) the government suppressed evidence, 2) the evidence was favorable to the defendant, and 3) the evidence was material.  “Evidence is material if there is a reaonsable probability that the result of the proceeding would have been different had the evidence been disclosed. Cain.”

The decision explained that Brady’s purpose (citing the case law involved in the Reese appeals case) is not to punish the misdeeds of the prosecutor, but to avoid an unfair trial.  They also explained that a different standard of review might apply if the undisclosed evidence shows that the government knowingly used perjured testimony.  The Reeses had not alleged the government withheld evidence of perjured testimony in this case.

The appeals court judges explained that the Supreme Court decision in Smith v. Cain, where the Court stated that evidence impeaching a government witness may not be material if the government’s other evidence is strong enough to sustain conficence in the verdict.  “We think that statement captures this case,” they explained.

The appellate judges noted that the sole critical question at trial was whether the defendants knew the agents were straw purchasers for Roman but helped the undercover agents psoing as straw purchasers for Roman fill out the Form 4473 saying otherwise.  Citing a number of points made by the prosecution during trial, the judges concluded the Reeses had to have known the undercover agents were posing as straw purchasers.

The appellate judges concluded that the Deputy Batts investigation was not material because the government’s evidence on the count of conviction was strong enough that they believe the jury would have reached the same verdict.  According to the appellate judges, Deputy Batts was not a critical witnesss because the principal link between the straw purchase counts and the defendants ws the video evidence, not Deputy Batts.    They rejected they argument that Batts was a critical witness.

The appellate judges also rejected that the Batts investigation was material because it was a close case based on the fact that the jury acquitted the Reeses on 24 of 28 counts.  They explained that the shortcomings of the evidence in those 24 counts did not “infect the straw purchase counts.”

They concluded there was no reasonable probability that the outcome of the trial would have been different if the government had disclosed that Deputy Batts was under investigation.  They reversed Judge Brack’s Order granting a new trial and sent the case back to Judge Brack for further proceedings.

The nature of those proceedings are not yet known, but presumably might involve sentencing.  Prior to the information being learned about Deputy Batts, the Reeses were waiting for the pre-sentencing investigation reports to be completed, and related issues to be completed prior to a sentencing hearing.

Source

CA: Man Uses Knife to Defend Against Gang Attack, Kills One

CAMPBELL -- Prosecutors heeded a man's self-defense claim when they decided not to file charges in the stabbing death of a 16-year-old boy during a weekend confrontation at Campbell's largest park, authorities said.

(snip)

"What is clear is that at some point, Tharp was on the ground, being kicked in the head by numerous individuals numerous times," Buller said. "A reasonable person put in the position of Mr. Tharp would have believed he was in danger of serious bodily injury or death, and could legally respond with deadly force."

(snip)


It also marks Santa Clara County's third self-defense killing this year that was given credence by authorities. A 22-year-old San Jose man was released from custody after a Feb. 12 stabbing where video surveillance showed that the man he killed, a 26-year-old bouncer in the downtown San Jose night scene, came at him with a knife and pushed him down first. On Feb. 20, a 22-year-old man was killed in the East San Jose foothills by a resident who says the deceased man and an accomplice tried to break into his home and fired shots at him before he returned fire. No arrests or charges have been made in that case.

More Here

OK: Tulsa Homeowner Fires at Intruders, Captures One

The homeowner fired at the suspects outside the home in self-defense, police say.

No one was injured and police don't expect the homeowner to face any charges.

A male suspect fled the scene but the homeowner held a juvenile female at gunpoint until officers arrived.

More Here

MT: Update on Corvallis Resident Shooting Criminal

Tobias Ian Bishop, 39, was shot by the homeowner about 4 a.m. after entering the residence through a window that he had broken.

Bishop had a long criminal history and was wanted on a warrant in Flathead County, Hoffman said. Bishop had apparently burglarized at least one other home in the vicinity prior to being shot, and had already gathered several chainsaws and other items near his van.

(snip)

 Based on the intruder’s actions, the homeowner feared for his life and shot Bishop with a handgun, the sheriff said. After being shot, Bishop fled through the same broken window and ran a short distance into the yard, where he collapsed and died.

More Here

Michigan to end Ban on Some Rifles and Shotguns

Senate Bill 610 has passed both the House and the Senate, and is headed to Governor Snyder.   The bill will end nearly a hundred years of a pointless ban on the possession of short barreled rifles and shotguns.  The Governor has said that he will sign the bill.  From the  mcrgo facebook page:

 Regardless, Governor Snyder has indicated he will sign SB 610. The bill will have immediate effect upon his signature. The photo here with Sen. Mike Green is for illustrative purposes only and is not Green's SB 610.

It has been suggested that the Michigan ban served as the template for the weird ban by regulation and tax on short barreled rifles and shotguns that exists in the National Firearms Act of 1934.   The Michigan ban was passed in 1931.  This new law defers to the 1934 Federal law as it exists now, allowing possession of the short barreled rifles and shotguns, if registered under the NFA.   NFA 1934 was upheld in the infamous Miller decision.  

In 1931,Michigan had only recently required police permission to buy pistols.  It has been argued that this was in response to the successful defense of his household by Dr. Ossian Sweet.

A ban on short barreled rifles and shotguns only makes sense if pistols are as highly or more highly regulated.  If a person can legally own pistols and rifles and shotguns, a ban on short barreled rifles and shotguns makes no sense at all.

The removal of the ban in Michigan is part of the trend to remove these obsolete infringements on the second amendment.   A removal of the excessive federal regulation and taxation on short barreled rifles and shotguns would be rational and welcome, so it is not likely to happen with the current administration in power.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

PA: Scofflaw Governments May be Held to Account in PA

Pennsylvania has a state preemption statute that prevents local governments from creating a crazy patchwork of local firearm laws.  Such a patchwork would effectively chill the exercise of second amendment rights in the State.  From the Pennsylvania statutes:

(a)  General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

The problem is that there are no teeth to the law, because there are no penalties imposed on local governments who violate it.   Consequently, there are over fifty local scofflaw governments in Pennsylvania.   From nraila.org:

State firearms preemption was enacted by the Pennsylvania Legislature to avoid the possibility of 2,639 separate firearm laws across the Commonwealth.  However, over recent years, nearly fifty local governments have enacted gun control ordinances in violation of the current state firearms preemption law.

House Bill 2011 has been proposed to remedy the situation.  It is the lastest version of similar bills that have been put forward over the last four years.
 Representative Mark Keller, R-Landisburg has sponsored the measure.  From publicopiniononline.com:

"Local governments have been passing ordinances regulating firearms in defiance of the state's Crimes Code, resulting in confusion for gun owners who don't know they are breaking the law," Keller said. "The end result is that citizens can be forced to incur significant expenses to hire attorneys to challenge these illegal and unconstitutional ordinances. My bill would correct the problem."

 The bill went from committee to the House yesterday, the 18th of March.

Florida had a similar problem, and solved it with legislation that made local leaders personally accountable, and allowed for the recovery of legal costs.  This bill would not go as far.   It has no provision to apply penalties to local leaders.

The new law avoids the loophole that was found in Ohio's preemption law.  In Ohio, cities would wait until second amendment supporters spent time and legal resources to force a local government to repeal a law.  Then, just as it became clear that the second amendment supporters would win in court, the city repealed the law, allowing them no opportunity to collect their legal fees.

In HB 2011, if the law is repealed after a local government has been sued, they still have to pay the legal fees.  Of course, early in the process, legal fees are much reduced over what they would be if the case were contested in the courts.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

WA: Coffee Stand Encourages Armed Employees

A small sign of renewed American freedom has been noticed in Spokane, Washington.    Jitterz Java was robbed twice in February of this year.   On March 16th, an armed robber was run off by an armed employee.  As noted in the above image, at least one barista believes in the deterrent effect of open carry.

The owner, Sara Chapel has taken steps to reduce her losses.  From spokesman.com:

The recent string of violence has owner Sara Chapel fed up. “The way I’ve been scheduling the girls is that at least one girl who carries a gun is always on shift,” she said. The women will carry their own personal handguns that they’ve been trained to use.
 
Chapel has encouraged all of her employees to seek firearms training. 

It only took a few minutes for the police to arrive in the previous two robberies, but that was long enough for the robber to get away.

Firearms are displayed with positive results far more often than  they are fired.   The ratio of display to firing a shot is likely 20 to 1.   Most criminals do not want to get into a gun fight or risk being shot.  They will look for easier prey.

With this publicity, Jitterz Java will be an interesting test case.  I predict they will not be robbed in the next year.  

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch