MD: More Fruits of Caetano in Maryland

Howard County, Maryland has introduced an emergency bill to remove the current ban on electronic weapons. The bill is in response to a lawsuit challenging the ban as violating the Second Amendment.

The last direct action by the United States Supreme Court was on  Caetano v. Massachusetts. The Court unanimously held, in the Caetano PER CURIAM decision (pdf), that:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).

The Caetano case was about electric weapons. There are a number of States and local governments that have universal bans on electric weapons. Howard County, Maryland, is one of them. From the baltimoreson.com:

Howard County lawmakers introduced an emergency bill Wednesday that would lift a ban on electronic weapons in response to a federal lawsuit that challenges the county's longstanding restrictions on the use and sale of Tasers and stun guns.

In the lawsuit filed in U.S. District Court in Maryland in late January, Leah Baran, a Marriottsville resident, is suing Baltimore City and Baltimore and Howard counties — which have electronic weapons bans in effect — to allow her to carry a stun gun.

The Howard County Council is scheduled to vote on the repeal of the ban on Tuesday, 21 February.  The Howard County Police Chief has stated the police department does not enforce the ban. 

The Maryland case is the latest in a string of lawsuits Second Amendment supporters have enjoyed using the Caetano decision.  Such lawsuits have had success in New Jersey, New Orleans, and the District of Columbia. Another lawsuit is being pursued in New York State.

Internet searches have not revealed legal challenges to similar bans in Hawaii and Rhode Island.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

KS: Armed Man Stops Knife Assault

TPD says two men were involved in an altercation, when a third party conceal carry holder intervened and stopped the assault.

"He intervened, drew his firearm, and held the people to the ground basically at gun-point," said Topeka police Sergeant Joshua Klamm.
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LA: Gunfight Armed Homeowner Shoots, Kills, Armed Invader

The shooting happened around 12 p.m. Tuesday in the 7700 block of Glenlea Avenue. The East Baton Rouge Sheriff's Office says 19-year-old Terione Williams pushed his way inside a home and robbed the occupants at gunpoint.

The victim allegedly retrieved his gun and fired shots at Williams. Once hit, Williams fled on foot and died from his injuries a short distance from the victim's home.
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LA: No Charges for Armed Customer the Shot, Killed Armed Robber

New Orleans police are not likely to seek charges against the armed customer who fatally shot a suspected robber Friday night (Feb. 10) in a T-Mobile store, the department said Monday.

"From all accounts it appears there will not be any charges brought forward for this incident, however, it is still being investigated," NOPD spokeswoman Dawne Massey said in an email message.
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NM: Business Owner uses AK47 Clone to Defend Himself

A criminal complaint said the owner feared for his safety, grabbed an AK-47 and fired one shot.

“It's a matter of time. How many times can you let someone come into your yard, you know, if it was your backyard, after a few times, you're going to want to protect your property too,” he said.

The suspect, Jake, was later arrested and taken to the hospital with a gunshot wound to the thigh. He told police he broke into the business to buy diapers for his kids.
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.22 at Yuma WalMart in 2017

I have been monitoring the local WalMart to see if the .22 bubble shows any sign of deflating.  A heavy winter visitor presence has returned to Yuma.  I have not seen any .22 long rifle in WalMart for months.

This afternoon was different.  I stopped at the store, and made my usual inspection of the ammunition counter.  There were thousands of .22 LR cartridges for sale, most of them in bulk packs.  Bulk packs are the preferred purchase of people who are buying the ammunition for resale, or simply to stock up.  All of the .22 ammunition there was Winchester, except for a few CCI shot shells.

There were ten bulk packs of Winchester 333 round count, as pictured above.  As I watched, a couple form Washington State purchased five of bulk packs.  WalMart still has the 3 box limit; so he bought three and she bought two.  They cut their purchase back by 1 box.

I asked them if they had .22 available in Washington State. The answer was that they had it now and then, but this was a better price.

The gentleman said that he had gone to WalMart, early in the morning in Washington State this summer, for two months straight, every day. and he had never scored a round of .22.  The last he recalled, he bought the 333 round bulk packs at over $26 a box.  The price in Yuma is $17.37,  just over 5.2 cents a cartridge.

There were a thousand rounds of .22 Winchester SuperX, but they had not been touched.  They were priced at $8.37 a box of 100.

My favorite WalMart clerk, Yittzel, was working today.  She said the shipment came in this morning, and included 15 boxes of Federal bulk pack of 525 rounds.  The Federal bulk packs sold out first and fast. I wasn't able to get a price on the Federal rounds.

 There were also 15 boxes of the Winchester bulk pack that came in this morning.  10 of those were left at 3:30 this afternoon, down to 5 boxes by 4 p.m.

The thousand rounds of Winchester SuperX were already there this morning, and were still there when I left the store this afternoon.

In the last week, I have seen .22 long rifle as low as 5 cents a round on the Internet.  There is market resistance to breaking the 5 cents a round barrier, but it is coming. Demand is starting to be met.

The prediction that we will see bulk pack .22 long rifle ammunition at 4 cents a round by the end of October, still holds.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Gas Station Owner Shoots Robbery Suspect?

Early reports

The caller claimed the owner shot a man who had attempted to rob the store, police said. The caller said someone was taken to Ben Taub hospital. It isn’t clear whether the victim was the store owner or alleged robber.

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Followup OR: Strickland Convicted by Judge in Self Defense Case

What was the strategy of agreeing to have the case heard by a judge instead of a jury trial? Usually, that happens when the facts are so clear as to be assured of an acquittal.  They seemed clear, but the judge found him guilty on all counts.

A judge found Michael Strickland, 37, guilty Friday on ten counts of unlawful use of a firearm, 10 counts of menacing and the charge of disorderly conduct.

Strickland was arrested during a rally in downtown Portland on July 7, 2016.

He identified himself as a journalist filming the event for YouTube. He told FOX 12 that he was threatened and shoved by marchers who also used their flagstaffs as weapons against him, so he drew his gun.

No shots were fired.

“I feared for my life because I was outnumbered and they had weapons,” Strickland said in July 2016.
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IL: Armed Kewanee Homeowner Shoots, Kills Home Invader

According to a news release, the homeowner called police to report a man kicked in his door, and the homeowner shot him in self-defense. The man was taken to OSF St. Luke's Hospital where he was pronounced dead.
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TX: Armed Homeowner fires Shot to Stop Aggresive Suspect

Questioning the man’s intentions, the homeowner says Goode ignored him and headed towards the truck parked in the driveway. Goode then opened the truck’s door and climbed into the driver’s seat. At this point, the affidavit states, the homeowner pulled out a pistol and told Goode to get out of his truck.

Goode eventually got out of the truck and started to walk away before he turned and charged at the armed homeowner. Firing a shot in front of Goode, the homeowner warned the suspect to stop. While he held Goode at gunpoint, the homeowner called police.
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Interview with Josh Waldron of SilencerCo on the HPA

The Hearing Protection Act (HPA) is the main bill now in the Congress to remove gun mufflers (silencers/suppressors/moderators) from the National Firearms Act.  The HPA is getting a lot of attention from the public, Congress and the media.  It has been the in the top ten of the bills viewed at the Congressional web site for many weeks.  For a while, both the 2015 version and the 2017 version, which are identically worded, were both in the top ten.

Josh Waldron, CEO of SilencerCo, was instrumental in getting the bill introduced into Congress.  He is one of the founders of the American Suppressor Association, the ASA.

At the shot show this year, I was able to interview Josh Waldron, CEO of SilencerCo.

Everyone is asking about the HPA.  What are your thoughts about it?

"HPA is a very important piece of legislation for us. It would really change the industry. It would do a lot for our company. But right now, we have to focus on getting the momentum, getting it through committee.  We have to get 60 votes in the Senate.

We have to really activate the grass roots, we have to get the letters in.  We have a lot to do.

At the end of the day, we are not going to make it in the first 100 day agenda. We are probably not going to make it in the first six months.

I don't want people to lose hope. I think it is going to happen, but it is going to take a lot of heavy lifting, and we really need peoples support."

You have an invitation to the inauguration of Donald Trump. Do you feel any relationship with President Trump?  Do you think you are operating on the same wavelength? 

I respect the man a lot.  I am a brash person, so is he. I say what is on my mind. I challenge the status quo, so does he.  We have these similarities. The reason I offered my support a long time ago, when it was unpopular to offer my support, was because I believe that he was the only one who was going to get in and make a change.  I really believed that he was the guy who was going to be able to do it.  We are all tired of politics the way they used to be. This is finally the only way we can go in and make legitimate change and bring something  back to some base level of what we think America should be.

 
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MS: Domestic Defense, Woman Shoots Ex

Police said a man was shot Sunday after he allegedly broke into his ex-girlfriend's home.
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LV: Homeowner Shoots, Wounds Attacker Armed with Knife

About 7:45 a.m., a man was doing maintenance on a residence in the 1400 block of Marion, near North Nellis and East Washington, when the suspect attempted to attack the homeowner with a knife and an electric drill, according to Metro Lt. Grant Rogers.

"The homeowner pulled out his firearm and shot the suspect once in the leg,"

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FL: Armed Wife Scares off Burglary Suspect

"I yelled to my wife, 'Go get the gun!'" Gibbons told NBC2, describing the moment he saw Cintra on the lanai.

"I was opening the blinds. As I opened the blinds, he's standing ... like about this far away from me."

That's when Gibbons' wife leveled the gun at Cintra, who was attempting to break in.

"She said if he had been fiddling with the door, trying to open it, she would have shot him."
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AL: Luther Strange, New Senator, is pro Second Amendment

On February 9th, Alabama Attorney General Luther Strange was sworn in as a replacement for Senator Sessions.  Senator Sessions joined the Trump administration as Attorney General of the United States. From al.com:

"This is truly a remarkable time in our state's history," Bentley said in a press release this morning. "Alabama has surely been well represented by Senator Sessions, and I am confident Senator Strange will serve as a fine representative for our people. His leadership on a national level, service as a statewide elected official and long record of taking on tough federal issues are the very qualities that will make him a strong conservative Senator for Alabama."

Strange was also quoted in the statement.

"I am greatly honored and humbled to accept the appointment to Alabama's Senate seat vacated by Senator Jeff Sessions," Strange said. "Senator Sessions' commitment to public service is nearly unparalleled in Alabama history and his departure from the Senate leaves tremendous shoes to fill. I pledge to the people of Alabama to continue the same level of leadership as Jeff Sessions in consistently fighting to protect and advance the conservative values we all care about."

A month ago, Luther Strange ordered the City of Huntsville to take down signs that prohibited people from exercising their Second Amendment rights in the City Library.   From al.com:

Alabama Attorney General Luther Strange has instructed the city of Huntsville to remove a sign prohibiting guns at the Huntsville-Madison County Library but city officials are not eager to comply.

As AG, Senator Strange has been a vigorous defender of Second Amendment rights.  In 2015, the NRA-ILA commended Strange for his actions.   AG Strange pursued numerous cases where he forced local governments to take down illegal gun free zone signs.  Strange required  the Sheriff in Lawrence County to stop placing illegal conditions on the pistol permits that he was issuing.

In short, Senator Strange will likely be as faithful to the Constitution as Senator Sessions has been.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Alabama Strongly Considering Constitutional Carry

State Senator Gerald Allen, R-Tuscloosa, is pushing to restore "permitless" or Constitutional carry in Alabama. He pre-filed a bill on 18 January, 2016, for that purpose. From al.com:

Sen. Gerald Allen, R-Tuscaloosa, has pre-filed a bill to end a requirement that he said is an improper limit on the constitutional right to bear arms, according to a news release.

"It's time we give our citizens the right to bear arms without first seeking the government's permission," Allen said.

Alabama already allows people to openly carry a holstered pistol without a permit. Allen said there is no logical reason to continue the permit requirement for carrying a concealed pistol.

The bill is SB 24. It has significant support in the Alabama Senate. The Alabama
Senate Republicans released a set of six goals on February 6th,for the 2017 session. One of them was to pass "permitless" carry. From alsenaterepublicans.com:

Permitless Carry
Ten states across the country allow their citizens to carry guns without a permit, and Senate Republicans believe Alabamians should have a similarly unimpeded right to protect their families and property. Therefore, a repeal of the requirement for a conceal carry permit shall be a priority in the 2017 session. Alabamians could still apply for a pistol permit in order to carry a gun in states like Mississippi, Georgia, Tennessee, and Florida that have reciprocity laws with Alabama. A pistol permit holder would also retain the benefit of foregoing a background check when purchasing firearms.

Alabama has a legislative session of 30 meeting days during a 105 day span.  This year the session started on February 7th.

Alabama is a Republican trifecta. The Governor, Robert J. Bentley  is a Republican. In 2015, Governor Bentley ordered the removal of signs that banned the carry of guns at Alabama rest stops. In 2016, he signed a bill that eliminated the fees for concealed carry permits for retired military personnel.  In 2010, running for Governor, he made this campaign promise:

The Second Amendment clearly grants every American the right to own firearms. As Governor I will protect each Alabamian's right to legally purchase, own, carry, and use firearms.

In the House  there are 72 Republicans, 31 Democrats, and two vacancies.  In the Senate there are 26 Republicans, 8 Democrats, and 1 Independent.  Both House and Senate seats are subject to election every four years.  The next election will be in 2018.

Support for SB24 is less clear in the House.

Alabama could become the 13th State with "permitless" or Constitutional carry.

Alabama passed a revision of it state constitutional right to carry amendment in 2014.  The amendment passed with 72% of the vote. The new amendment created a high barrier for any restriction on the right to bear arms.  From ballotpedia.org:

(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution.[1][2]

The State Constitution is a significant reason to pass "permitless" carry in Alabama.

Ten states have restored the freedom to carry without a permit. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Missouri, Mississippi, West Virginia, and Wyoming. Vermont never required a permit to carry a firearm.  In addition, the New Hampshire legislature passed a "permitless" or Constitutional carry bill.  Governor Sununu is expected to sign it any day.

Several other legislatures are considering "permitless" or Constitutional carry bills in 2017.  Indiana, Kentucky, Pennsylvania, Minnesota, Montana, North Dakota, Texas, Virgina, Utah, and Wisconsin are all considering reform legislation to restore Constitutional carry. That list may increase as the year progresses.


©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

MO: Woman Shoots, Kills 1 of 3 Robbery Suspects

A woman shot and killed an attempted robber Thursday afternoon after he and one other man tried to rob three people in her apartment.

According St. Louis Metropolitan police, Jarrett Richardson and one other man entered the apartment on the 1800 block of Cass Avenue through the unlocked door and demanded money from the two women and one man inside.
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LA: Armed Customer Shoots, Kills Robbery Suspect at T-Mobile

NEW ORLEANS - A customer foiled an apparent armed robbery at the T-Mobile store on St. Andrew Street, police said, shooting and killing the armed robber.


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GA: Armed Man Chases Burglar from House

“I look up at this dude and he looks at me,” Sadler recalled Friday, “and he takes off running.”

Sadler, still groggy, grabbed his .40-caliber Glock and took off after the guy.

During the chase, Sadler said he let loose with a few “choice words” and yelled “what I would do to him if I got my hands on him” as he chased the man through a sunroom and out a sliding-glass door.
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Read more here: http://www.macon.com/news/local/crime/article132060964.html#storylink=cpy

TN: Woman Shot While Breaking into Home

Police said the preliminary investigation found Mundy was forcing her way into the home when the male homeowner shot her "in defense of his life." At least one other resident of the home knew Mundy at the time of the shooting, police said.

The homeowner and several other people at the home were taken to the Safety Building and interviewed by investigators. After reviewing the facts of the investigation with the District Attorney General’s Office, KPD said police declared the shooting a justifiable homicide and declined to file charges, releasing all the individuals.

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