PA: Governor Wolf Signs Hunting Reform for Semi-Autos, Air Guns

A number of states have unusual rules about what may be used for hunting and what may not. Pennsylvania had a law that forbid hunting with semi-automatic rifles and pistols.  They did not forbid hunting with semi-auto shotguns.  The hunter shown in the image from the Game Commission web site is using a semi-auto shotgun, probably to hunt deer, as she is wearing hunter orange and the shotgun has sights on it. This inconsistency helped in moving the reform forward.

Laws are harder to reform than rules promulgated in hunting regulations.  The Pennsylvania government changed this law to allow increasingly popular semi-auto rifles to be used for hunting. The law also removes the ban on using air guns for hunting. From abc27.com:

HARRISBURG, Pa. (WHTM) – Gov. Tom Wolf has signed legislation that removes a ban on hunting with semi-automatic rifles.

Act 168 of 2016, formerly House Bill 263, also removes the ban on air- and gas-powered rifles.

Here is the wording of the new law, as shown in the HB 263.  From state.pa.us:  

§ 2308. Unlawful devices and methods.

(a) General rule.--Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:

* * *

(2) A semiautomatic rifle or pistol, except as set forth in subsection (b.1).

* * *

[(5) Any device operated by air, chemical or gas cylinder by which a projectile of any size or kind can be discharged or propelled.]

* * *

(b.1) Additional exception.--A semiautomatic rifle may be used to hunt game in accordance with regulations promulgated by the commission.

Note that the devices will be subject to rules created by the Pennsylvania Game Commission. It is too late in the year for a change this hunting season. I expect the Game Commission will have a rule change for next year.

They have many states to chose from if they wish to study examples that have worked.  In my experience, most other states allow hunting with semi-auto rifles and air guns.  Guns used for hunting tend to follow the pattern used in the military. People who served become familiar with the firearm they used, and are willing to switch to the "new fangled" device.  The previous generation tends to keep what they are familiar with. 

An exception is full auto firearms. Most states have bans on hunting with machine guns. Full auto firearms are highly regulated. Most sport hunters consider them an unsporting advantage.

Some hunting has been done with them.  I have read that Saddam Hussein hunted rare antelope with machine guns from helicopters.  Full auto firearms have been used for pest control. I recall an article where an intrepid rancher in Alaska fitted a BAR to a Cessna to rid his ranch of troublesome bears. Not sporting; but effective.

Many poachers in Africa use AK 47 rifles because that is what they have. Full auto is seldom used because ammunition can be difficult to come by.

Some states regulate magazine capacity.  Arizona removed its magazine capacity restriction in 2012.

The Pennsylvania government is merely catching up with the culture with this reform.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

ME: .22 Beats Knife, Robbery Suspect Wounded

Police say two men with a knife tried to rob a 27-year-old man, but the victim defended himself with a .22 caliber handgun.

The man thought he did not hit anyone, but an hour after the incident, police say a man who ran from the scene went to the hospital with a gunshot wound to his shoulder.
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OH: Gunfight, Clerk Wounded, Robber Driven off

The suspect has been described as a black male, about 5-foot-6, 140 to 160 pounds, wearing a black hoodie, dark-colored jeans, white gloves and possibly a surgical mask.

The suspect fired one or two rounds, the report says. The clerk fired several shots back at the suspect; the suspect ran out of the store toward Wyoming Street.

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OK: Armed Woman Wounds Intruder

TULSA, Oklahoma -

Tulsa Police said a woman shot a man when he went inside her apartment Saturday night.

Detectives said the woman was on the phone with 911 when she shot the man after he broke into her apartment at the Comanche Park Apartments near 36th Street North and Peoria.


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Using Amnesty to Roll Back Second Amendment Infringements

A little known law, passed concurrently with the Gun Control Act of 1968, offers the Trump administration a powerful lever. That lever can be used to roll back infringements on the Second Amendment that exist in the National Firearms Act of 1934.

The National Firearms Act (NFA) is an ill-conceived omnibus gun control legislation passed in 1934. It was poorly written by an ascendant Franklin Roosevelt administration. It was designed to outlaw the possession of handguns through draconian taxes and regulation. The tax stamp for a single item was equivalent to a years income for a day laborer. Thrown in the mix were machine guns (to add some pizazz, they were not a real problem), silencers (for no known reason), and sawed off rifles and shotguns (because it made no sense to outlaw handguns, when anyone could make a handgun from a rifle or shotgun with a hack saw and 15 minutes).

Outlawing handguns was a bridge too far for Congress.  They were taken out of the bill.  What was left was passed as a sop to Roosevelt. After all, it only applied to machine guns, silencers, and short barreled rifles and shotguns that crossed state lines. Few people owned or used those items anyway.  Even fewer took them across state lines.

Not many people paid attention to the law.  There was no provision for people who failed to register their items during the initial grace period to register them afterward. A few registrations trickled in during the following decades under lenient Treasury department tax policy.  The law become a bigger problem with the Supreme Court decision Wickard v. Filburn in 1942. In that decision, the court expanded federal law to apply to items that did not cross state lines.

When the Gun Control Act of 1968 was passed, the Congress concurrently passed a bill to allow an amnesty for people who had unregistered NFA items. No fingerprints or tax was required.  Fill out a paper form and send it in, and your NFA item was registered.  The initial amnesty was for 30 days in 1968, from October 2nd to November 1st. The law contained a provision for further amnesties at the discretion of the Secretary of the Treasury. They only needed to be announced beforehand in the Federal Register. From PUBLIC LAW 90-619-OCT. 22, 1968, found on page 1236 of United States Statutes at Large Volume 82.djvu/1278:

(d) The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title. TITLE III — AMENDMENTS TO TITLE VII O F THE OMNIB U S C R I M E CONTROL A N D S A F E S T R E E T S ACT O F 1968

I do not believe this statute has ever been repealed or superseded. It appears to be effective law.  In 1968, there was an expectation that amnesties would be a common, regular occurrence to bring unregistered NFA items into the legal fold.

Many people believe the NFA should be repealed, as an obvious infringement on the Second Amendment.  That may be a step too far for the Trump administration for the first term. But the NFA is terribly flawed legislation and is ripe for reform.

It is insane to regulate silencers (gun mufflers) at levels far more strict than Europe.  In New Zealand any child with the money can walk into a hardware store and buy a silencer for $20.

It is insane to regulate short barreled rifles and shotguns more strictly than handguns.  If the law is going to differentiate between long guns and handguns, a simple size difference would make sense. Anything over 26 inches is regulated as a long gun. Anything less than 26 inches is a regulated as a handgun. No separate draconian taxes and regulations for a shotgun with a 17 inch barrel.

In 1986, in a nasty legislative maneuver, the Democrats managed to place a ban on the future production of strictly regulated machine guns for civilian ownership. It was added as an amendment to the 1986 Gun Owner Protection Act. This punished legal owners of machine guns, who were already highly regulated by the NFA. Why? Because no citizen had murdered anyone with a legally owned machine gun in the 54 years of the NFA!  There had been no problems. Therefore future ownership of highly regulated machine guns had to be banned!

All three of these provisions are ripe for reform.

The Hearing Protection Act changes the regulation of silencers from being treated the same as machine guns to being treated like rifles or shotguns.

Short barreled rifles or shotguns should be eliminated as a special class. Instead, handguns should be re-defined as any firearm that is designed to be fired in a configuration shorter than 26 inches. 26 inches is the current standard for short barreled rifles and shotguns.

The ban on highly regulated citizen ownership of machine guns made after 1986 should be repealed.

The Amnesty law offers the lever to accomplish these reforms.

If the Democrats want to filibuster the Hearing Protection act, offer a 90 day amnesty on the registration of silencers for the NFA.  No tax, no fingerprints, just fill out a form and send it in. If the Democrats refuse to relent, rinse, and repeat. Pound the new media and twitter with the insanity of the current law. 100 million gun owners will appreciate Donald Trump as a defender of the Second Amendment.

The same thing can be done for reform of the insane short barreled rifle and shotgun provisions.

The same can be done for the repeal of the 1986 ban on manufacture or licensing of machine guns under the NFA.

These tactics can be used sequentially or concurrently, whichever is considered wiser.  The NFA infringements cannot be logically defended.  They will be emotionally attacked. But the power of the establishment media to define and control the debate has been broken.

Trump supporters are Second Amendment supporters.  They work. They organize. They vote. Their support is committed. It is deep and strong. Most of them voted for Trump, but some were uncertain and hesitant because of statements President elect Trump made 15 years ago. These reforms will make President Trump a hero to Second Amendment supporters.

Opponents of these reforms are billionaires who want to disarm the public. They have deep pockets, but their popular support is shallow and weak, propped up by their billions and the establishment media. They will never support a Trump presidency, no matter what.

Amnesty is the lever than can overcome the anti-Second Amendment opponents.  Those in the middle will see the obvious benefits to making the law more rational. What Democrat can be against amnesty, that brings formerly illegal items into the regulated fold, under existing law?

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Link to Gun Watch

TX: Armed Husband Shoots Intruder

About 3:30 a.m. Saturday, a homeowner heard a knock on the front door of her house in the 6700 block of Labonte Drive, Pace said. The homeowner looked out the window and did not recognize the stranger at the door. When she went to tell her husband about it, the couple heard the man come in through the back door. The husband shot the intruder in the torso.

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CO: Guard Shoots Armed Robbery Suspect

A security guard shot and wounded an armed robber during a holdup Friday night at an off-track betting parlor in northeast Colorado Springs, Colorado Springs police said.

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Followup KY: Accompice Faces Murder Charges

LOUISVILLE, Ky. (WHAS11) – A suspect in an attempted break-in is now facing murder after police say the homeowner shot and killed the would-be burglar’s accomplice.

Aaron McDuffie, 23, faces several charges including murder and burglary.

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OH: Burglary Suspect Shot in Leg, Runs

Because of recent burglaries at the 295 Park Avenue West convenience store, Coontz said, the business owner had asked two people to guard the business overnight. Those two people were in the building at the time. An altercation followed the intrusion, and one of the two people guarding the building shot Schneurer.

After Schneurer was shot, she began to run, Coontz said. A 48-year-old male witness told police he saw Schneurer lying on the ground with a gunshot wound and drove her to the hospital, according to the police report. The injuries were not life-threatening.
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Thoughts on a Post Presidency Barack Obama

President Barack Obama has been hinting, quite strongly, that he will be active in politics after he leaves the Presidency.  He is relatively young, so he can be expected to be around for two to three decades. In spite of most ex-presidents staying out of the political sphere, with some exceptions by Presidents Carter and Clinton, this activity will be quite unusual.  But I do not expect it to be a bad thing for the Republic.  Here is why:

The Democrats have built him into a cult of personality that makes Bill Clinton look pale (pun intended).  The party will not be able to resist his takeover, now that the Clinton machine has been discredited with the defeat of Hillary Clinton.


The Democrat party will move even further to the left under Barack.  His appeal will only be reduced as he no longer has the full power and status of the Presidency.  The establishment media will gradually grow tired of his harangues, that will not be tempered by a bevy of advisers and speechwriters, and kept on track by teleprompters.  Barack is already famous for gaffes when he goes impromptu, and he will be doing that much more frequently as a private party.

Barack will take the Democrat party down to a minority party status.



The establishment media has lost control of the narrative with the election of Donald Trump.  The technological arrow has been pointing in this direction for two decades now, and there is no reason to believe it will reverse anytime soon.

Barack has never been one to easily take outside counsel.  He will not let the Democrat part move toward the center. This will continue for decades.

No one will be able to say no to the affirmative action president, and his false assumptions about reality will drive the Democrats to further defeats.

Good luck, as head of the Democrat Party, Mr. President!

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

Successful Deer Hunt with Northern Wisconsin Long Shot

Deer hunting in Northern Wisconsin seldom requires shot of more than a hundred yards. That is because most of the hunting is in dense forests or in woodlots where visibility is restricted.  The occasional long shot is available, but they are unusual. This eight point "basket buck" was taken yesterday, on opening day 19 November, 2016.

The Namekagon river offers one of the few opportunities for long shots in the area.  Most deer are harvested at a hundred yards or less.  The buck was crossing the river 275 yards upstream when it was shot. In this unusual case, the deer floated down to the waiting hunter, who did not have to drag it very far.

Two inches of fluffy snow made for much better visibility for hunters.  It did not play a part in this shot, as the dark river did not provide much contrast to the deer.  The hunter in this case is an accomplished and expert shot who had the equipment and skill to make a one shot, one kill performance.

Another advantage of fresh snow for deer hunters is the ease of tracking deer.  A wounded animal can be followed up in a timely manner. Blood shows up very well on snow, and aids in keeping the correct track.

Tracking deer who are not wounded is also productive. Hunters who stay on a trail may get a shot at a deer. It is more likely that they will move the animal past a hunter on a stand, who will have a better chance.

Such combination tactics are a long time favorite of deer hunters in the North Woods.

Hunters in the field likely jumped this buck, who then decided to cross the river, exposing himself to the expert rifle shot on the island downstream.


©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

FL: More on CCW Permit Holder Saving Police Officer

A note from Sheriff Mike Scott:

Earlier this week, two heroes met on I-75 and while they had never met before, one would save the others life. I was at the hospital when the ambulance arrived, the rear doors opened, and my Deputy Dean Bardes was unloaded on a stretcher. Bloody from a vicious attack by a driver Bardes had stopped for endangering the lives of other innocent citizens in our community, the Medics wheeled him into a treatment room. Joined by others from our team, I was there when his wife and family arrived with fear and concern for their loved one as the E.R. team worked on him. Ironically, this was the first day in a while that Deputy Bardes was alone on patrol because as a Field Training Officer, he typically has a recruit riding with him to learn the business. A business that has seen an increasingly alarming rise in attacks and killings perpetrated on cops. A business that has fallen victim to false narratives like Ferguson where the good guys have been painted as the bad guys by a vocal minority that refuses to allow facts and evidence to get in their way. A business that is the last line of defense between good and evil.


On behalf of the men and women of the LCSO, I thank Deputy Dean Bardes for his bravery and pray for a full recovery. I thank the E.R. staff and E.M.S. for their immediate attention to Dean, and I thank the many witnesses to this event who stopped to assist our Detectives. I thank my good friends at “Shoot Straight” who realized that the hero’s gun was taken as evidence and immediately gave him a brand new firearm. Above all, I thank the hero that recognized the imminent threat, rushed to Deputy Bardes’ aid, and ultimately stopped that threat. In a day and age where race is a near instant focus for media and other pundits in police incidents, the fact is that this hero happens to be a man of color who stopped another man of color from further harming or killing a white cop; thereby reminding us that black lives matter, blue lives matter, and indeed all life matters. We at your Sheriff’s Office remain proud to serve and focused on the mission.

Mike

Source Facebook Lee County Sheriff's Office

TX: Concealed Permit Holder Shoots Man Running and Gunning

According to police, some family members leaving a concert after 9 p.m. found their car was burglarized near the downtown intersection of Bonham and 4th Street. While they waited for police to arrive, they heard gunfire and saw a man with a gun running toward them firing more shots. One of the concert-goers pulled out his own gun and ordered the other man to drop his weapon. When the suspect did not comply, the man fired one shot, hitting the suspect in the arm. Investigators say the concert-goer does have a concealed handgun license and will likely not face any charges since he claimed his family felt threatened.
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KY: Armed Mother Shoots, Kills Home Invader

The son of the homeowner described what happened between his mother and the attempted burglars.

"They busted the back window out, and that's when she stepped out of the hallway and let one shot go and hit somebody, and obviously she got him," said Bruce Haddix, whose mother shot the man.

Even though the homeowner is OK, Haddix says the whole incident has her shaken. He added that he's thankful he had his mom learn how to shoot a gun and purchase one about a year and a half ago, because the outcome could have been much different here Friday.
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OR: Man Displays Gun, Stops Home Invasion Attempt

It seemed to me like it was probably four of them. They were coming and going and it was hard to differentiate them because they were dressed in black with masks…They come right at daylight. It was still somewhat dark when they got here. My driveway alert kept going off. I went to my window…I was on the top floor…They were all dressed in black with black [ski] masks. …I saw right away that one of them had a gun. It wasn’t until later that I saw the others [had guns].

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TN: Armed man Shoots Robbery suspect

Some guests said the shooting was part of an attempted robbery, but the target instead pulled a weapon and shot the would-be robber. The man died at the scene.

Police would not confirm a robbery attempt but said they had a person of interest in the case, and there was no suspect on the loose.

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Study on "Stand Your Ground" Seriously Flawed

This week, the Journal of the American Medical Association’s (JAMA) online Internal Medicine Network published a “study” by a team of academics in England that purports to analyze “the Impact of Florida’s ‘Stand Your Ground’ Self-defense Law on Homicide and Suicide by Firearm,” with the authors concluding, “implementation of Florida’s stand your ground self-defense law was associated with a significant increase in homicides and homicides by firearm but no change in rates of suicide or suicide by firearm.” View Related Articles

You’d think with a conclusion like that, the study found that the Florida law actually had a negative impact on public safety. But you’d be wrong. Rather, this article stands as but another example how anti-gun scholars continue to perpetuate bad science in order to push their agenda with improper methodology, misleading claims, and a purposeful failure to follow base statistical protocols in conducting an analysis.

An incisive rebuttal to the study published in National Review points out that even taken at face value, the findings have virtually no significance for public policy. Indeed, the JAMA authors admit near the end of their paper that “[o]ur study examined the effect of the Florida law on homicide and homicide by firearm, not on crime and public safety.”

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Kenya Gun Destruction, 2016

On November 16, 2016, the government of Kenya destroyed 5,250 guns.  The method used was fire. It isn't that guns are not valued in Kenya.  Villages in Kenya are being raided for slaves by al Shabaab, an African affiliate of ISIS. They have sworn allegiance to the new Caliphate in the middle east. Kenya has allied with other govenments to fight them. Al Shabaab loudly proclaims its Islamic right to raid, kill, and enslave unbelievers.

But the Kenya government does not trust the villagers with any guns, even single shot muzzle-loaders, let along AK47 rifles. From africanews.com:

Somalia’s insurgent group al Shabaab, which seeks to overthrow the country’s Western-backed government and impose a strict version of sharia – Islamic law, has carried out regular assaults in neighboring Kenya in recent years as retaliation for Kenya contributing troops to an African Union peacekeeping force in Somalia.

Kenya last burnt a similar collection of illegal weapons in 2003, 2005 and 2010.

Africa has been prone to small arms proliferation which has in turn resulted in political and social unrests in most parts of the continent. Reinforcing existing small arms treaties at the national, subregional and the continental levels are seen as important to maintain stability and peace in Africa.

The African Union says there is the need for a concerted effort to combat trade in illicit small arms and light weapons which continue to cause untold suffering and pain, threatening the peace and security of the region.

Kenya is not a rich nation. There is tremendous poverty in the rural villages. It is hard to believe that the rifles, shotguns and a few pistols could not have brought at least $100 each.  That would have been a half a million dollars.

Better yet, distribute the guns to village militias to defend against Al Shabaab.  Even a few arms could result in significant resistance. That is not an option when the government is a kleptocracy riddled by tribal loyalties.

One village was started by women who were rape victims.  It only took one man with a gun to destroy it.  The village was helpless against him.

In the pictures of the stacked firearms, I see a lot of AK47s or AKMs, a fair number of SKS rifles, Enfield MKIII and IVs, M-16s, G3s, a smattering of air rifles, sporting bolt guns, and decent double barreled shotguns. There is a Martini-Henry in full military regalia, an RPD, an RPK, a few RPG grenade launchers.  There are a couple of single barreled shotguns.

In the picture above, you can see a Webley MKIII nestled in between RPG launchers.  Just to the left, is a homemade pistol.  In another place there was a M-2 .50 cal machine gun.  I saw one possible sub-machine gun. It looked like an American "Grease Gun", the M3.  There was a Mauser 98, and what appeared to be a sporterized Arisaka M38 from WWII!

It is sad to see such valuable resources destroyed when they could be put to good purposes.  One reform that could help would be to allow personal importation into the United States. A limit of 3 firearms acquired overseas sounds reasonable. That was the policy until the middle 1960's.  There was no duty or special license required for such personal importation.  It would give governments overseas a way to get rid of some of their excess firearms, and make a profit at the same time.

It may not be a high priority for the Trump administration in the first hundred days.  It is a small reform that would be appreciated by the Gun Culture.  I considered a visit to the Czech Republic, to look for a nice drilling or double. But I found an import license costly and impractical to obtain.

I would gladly spend a couple of hundred dollars for that Webley, one of the double barreled shotguns, or the Martini-Henry. 

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

Chicago Tribune: Obama has been Pro Second Amendment!

Steve Chapman is a writer for the Chicago Tribune. He has often written about gun legislation. He stands out at the Tribune as a voice that recognizes reality more often then most.  His writing and viewpoints have been a reasonable voice crying in the wilderness of Chicago.

Unfortunately, he lives in the fantasy bubble of current Progressivism. It is evident in his recent column excoriating the NRA.  He buys into the leftist propaganda without introspection or examination of facts. It is an opinion column, but opinions should have a basis in reality. From chicagotribune.com:

As a gun owner, recreational shooter, former NRA member and longtime advocate of Second Amendment rights, I like to see cogent criticism of gun control proposals and anti-gun propaganda. But under President Barack Obama, the NRA has occupied itself sowing groundless panic and fighting imaginary villains.

Obama made it plain in his first presidential campaign that gun control was not a hill he was willing to die on. He assured gun owners, "I believe in the Second Amendment. I believe in people's lawful right to bear arms. I will not take your shotgun away. I will not take your rifle away. I won't take your handgun away."  

He fails to point out that President Obama is famous for his prevarications. Why would anyone believe President Obama's promises about future actions any more than his promises about "keeping your doctor, if you want to", "keeping your plan if you like it" or the famous "saving $2,500 a year on your insurance premiums"?  Should we forget the "red line" in Syria? Yes, bringing in Second Amendment supporters was important for him to win the White House. Gee.  He lied.

Chapman admits that President Obama pushed for ending the manufacturing and sale of "assault weapons".  That happens to include the most popular rifle in the country.  Chapman admits that President Obama pushed to ban magazines that hold more than 10 rounds of ammunition.  That would be hundreds of millions of the most popular magazines in the country, for scores of millions of rifles and pistols. Chapman admits that President Obama pushed extraordinarily hard for "universal background checks".  Chapman does not mention that he only pushed for the bill that required that firearm serial numbers and personal information be permanently recorded on federal forms. A bill for universal background checks that protected personal privacy, to prevent universal gun registration, was killed by the President's allies in Congress.

Chapman lumps all these actions as insignificant.  He uses this phrase:

"These changes would have a minimal impact on law-abiding gun owners."

That is Steve Chapman's opinion. Millions of American gun owners beg to differ.

Chapman points out that President Obama signed bills that restored the right to bear arms in national parks, forbade the EPA to ban lead bullets, and prevented Amtrack from banning the transport of unloaded guns on its trains. He conveniently fails to mention that all of those measures were included as unwelcome riders on omnibus bills that President Obama desperately wanted to sign.

President Obama never championed those measures, never lobbied for their inclusion, never supported them at all.  Then, after they became law, he has tried to take credit for them.

Champman conveniently fails to mention President Obama's long held antipathy toward general gun ownership, most clearly stated in his remarks to John Lott at the University of Chicago.

Chapman is delusional here.  He lives in the liberal fantasy world of the establishment media and their fake news bubble.
 

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

TX: Gunfight in Home's Fourth Home Invasion

CORPUS CHRISTI -

Three men break into a home on Deer Creek Drive. Inside is a woman and an adult male. The adult male is armed and a gunfight starts inside. Eventually the gunshots end and the three men flee the home. There are no injuries but it's the fourth time since 2015 the house has been targeted for a home invasion.

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