Army Corps of Engineers Considers Reform of Second Amendment Rules

After President Trump won election in November of 2016, I explained how a Trump administration could eliminate gun free zones in the Army Corps of Engineers. One of the options to do this was with a court ordered settlement agreed to by both sides. 

Another method available to President Trump is a negotiated Court settlement. The ban on possession of weapons on land administered by the U.S. Army Corps of Engineers is being challenged in the Courts. Court cases in both the Ninth Circuit and in the Eleventh Circuit are active. A Trump administration could order the Corps of Engineers to negotiate a Court sanctioned settlement that would prohibit the Corps of Engineers from ever violating the Second Amendment again. Such Court sanctioned agreements have long been used to create law without congressional approval, law that is impossible to remove by regulatory means.

It appears that approach may be underway. From the washingtonpost.com:

The 9th Circuit case was ready for oral argument on March 6. But on March 2, the Corps filed a request to remove the oral argument from the calendar and to put the case into mediation. The motion explained: “The Army Corps of Engineers is reconsidering the firearms policy challenged in this case, as well as plaintiffs’ requests for permission to carry firearms on Army Corps property. This reconsideration has the potential to fully resolve plaintiffs’ objections.”

This does not show the Trump administration is behind this change of heart on the part of the Corps. But it seems likely a reversal of policy that occurs a couple of months after a change of administration might be related to that change. Mediation at the Ninth would allow both parties to agree on a settlement. Then the Court would approve of the agreement.  Most mediation would be considered certain once both parties approve. But in a politically charged circuit such as the Ninth, such an approach may not be guaranteed.  From uscorts.gov:

For over twenty years, the Ninth Circuit Court of Appeals has operated a court mediation and settlement program. During that time, experienced and skilled circuit mediators have worked cooperatively with attorneys and their clients to resolve a variety of disputes. The disputes mediated range from the most basic contract and tort actions to the most complex cases involving important issues of public policy. The mediators have even successfully resolved death penalty cases. No case is too big or too small for mediation in the court's program.

The court offers this service, at no cost, because it helps resolve disputes quickly and efficiently and can often provide a more satisfactory result than can be achieved through continued litigation. Each year the mediation program facilitates the resolution of hundreds of appeals.

The Ninth Circuit claims that what goes on in mediation is strictly confidential, and that mediators are shielded from the rest of the court. But what if the Court abhors the result of a mediation process? What if the Court finds the results of a mediation involves fulfilling a campaign promise of a President that the Court finds ideologically distasteful? Would the Court then approve of such a settlement?

We may find out. I do not believe the court is bound by law to approve of settlements reached during mediation. Courts might find a settlement violates law or the Constitution, though I am not aware of such a case. Legal experts, feel free to inform us.

Refusing to order a settlement agreed to by both parties would be unusual. But we live in unusual times. Who would have thought that a Ninth Circuit Court would order that a simple, temporary, executive order on vetting visitors from war torn lands, be halted pending judicial review? The lines between policy making and political review in the courts seem thin indeed.

In the case of Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al,
we may find out if that line will be crossed when it comes to the Second Amendment and the Corps of Engineers.

update: The sister case in the 11th Circuit, GeorgiaCarry.Org, Inc, et al v. U.S. Army Corps of Engineers, et al, has also been sent to mediation, as of March 7th, 2017, according to californiarighttocarry.org.   The question is, are both cases being mediated at the same time, and will the results be national? It seems likely.

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

Gun Watch

TX:Denny's and Gun Signs in Dallas

On a Saturday morning in Dallas, Texas, my daughter and I decided to eat breakfast out. My grandson mentioned pancakes, so my daughter decided on a Denny's that was reasonably close, at 4567 Frankford Road.

It took about five minutes to load up a one year old and a two year old into the car, in the proper car seats, and another five minutes to drive to the restaurant.

On the way in, I noticed the 30.07 sign that banned open carry in the restaurant. The 30.07 sign is required by Texas law, if a private property owner decides to restrict open carry on their property. Of course they may allow people to carry on an individual basis, with their explicit permission.

The 30.07 sign only restrict open carry.  In Texas, people who can legally open carry modern handguns also have the right to carry concealed handguns. The 30.07 sign is simply saying "please cover your handgun when on our premises".

I made sure that my vest was covering the Glock 17 in a Fobus retention holster when we entered. With a one and a two year old dining with you, a breakfast can be fairly busy.

Our waitress, Lois, was superb. She immediately brought a good quality high chair for my granddaughter and a coloring book for my grandson, She asked about and brought grapes for him, and volunteered and brought yogurt for my granddaughter. My daughter had mentioned my grandson's name, once, on entering the restaurant.  Lois remembered his name and used it when she referred to him.

She was, quick, polite, attentive, and accurate. I have eaten in a lot of places, and Lois' professionalism, familiarity with children, and attention to their needs, was of the highest order.  The food was very good, the prices reasonable, the atmosphere family friendly. I will be going back.

I found the 30.07 sign to be an interesting compromise, if mildly offensive. On the way out, I let Zahid, who was near the register, know that I found the sign to be offensive, even though the food and service were excellent. Zahid was courteous and very helpful with this review. I gave him my card for Gun Watch.

The positive part of using the 30.07 sign is that it strikes a compromise for all customers.  In Texas, an open carrier need only cover their legally carried handgun.  For the small number of Texans, or visitors from states that have numerous infringements on the Second Amendment, the sign may be of some reassurance. I doubt that many will read beyond the red circle and bar over the 1911 silhouette.

The wording on the sign is in English and Spanish, as required by law. The sign takes up valuable space that could be used for advertising.

I doubt if even the 30.07 signs will stay up for very long.  The number of customers who are offended by the open exercise of Second Amendment rights is dropping daily.

Lois only works at the Denny's on the weekends. She has another job she works during the week.  I am sure that she is very good at that job as well.


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

Gun Watch

TX: "Warning Shot" Distracts Police

SAN ANTONIO - A late-night shooting scare got in the way of catching an armed robbery suspect on the city’s north side.

The incident happened in the 9400 block of San Pedro Avenue around midnight when police said a man shot an apartment owner in the leg while he was trying to rob him Wednesday night.
More Here

TN: Husband and Wife Hold Invader at Gunpoint for Police

HARRIMAN (WATE) – A Roane County husband and wife were able to hold a home invasion suspect at gunpoint early Tuesday morning.

Homer Fox, 41, is charged with aggravated burglary with home invasion, burglary, and theft.
More Here

TX: Two Home Invaders Shot, Killed by Residents

Two men were shot and killed Sunday near Athens after they invaded a home and attempted to rob two residents, according to Henderson County Sheriff's Office reports.

Henderson County Sheriff Botie Hillhouse said the deceased are Steven Kelley, 49, of Winona and Cecil Spain, 31, of Grand Saline.
More Here

SC: Homeowner Fatal Shoots Masked Intruder who has Gun and Rope

Police Chief Rick Ollic told reporters Wednesday afternoon their investigation revealed a man the Berkeley County Coroner identified as Elijah A. White, Jr., 30, forced his way into a home on Post Oak Court off Highway 52. White was armed with a handgun and wearing a mask and gloves, he said.

"We also retrieved from him rope, which I believe he was going to tie up the victims if he got into the residence, so there was no doubt he was there to do some serious harm to this family," Ollic said.

The homeowner fired his gun when White burst into the home, fatally striking him, Ollic said.
More Here

ME: Son Protects 84-Year-Old Mother, Shoots Intruder

The intruder, Dreaquan Foster, 21, of Providence, Rhode Island, allegedly forced his way into the Lyons Road home of Audrey Hewett, 84, of Sidney, according to a news release Monday from Kennebec County Sheriff Ken Mason.

But Foster was thwarted by her son, 47-year-old Eric Hewett, who lives nearby and came to the home after receiving a phone call from his mother. Eric Hewett had a handgun and managed to shoot Foster in the chest, but he also suffered a serious head injury during the altercation, Mason said.
More Here

NM: "Universal Background Checks" Stopped in New Mexico Legislature

Michael Bloomberg has continued to pump money into state politics to find ways to infringe on the Second Amendment. His latest attempt was stopped in New Mexico on Monday, 13 March, 2017.  A key vote against the measure came form Representative Eliseo Alcon (D) Milan.

From nmpolitics.com:

A legislative committee on Monday effectively killed a bill to expand background checks for gun purchases — an issue that drew large crowds to the Capitol as well as big campaign contributions and intense lobbying and advertising.

The House Judiciary Committee voted 7-6 to table House Bill 548 after a lengthy hearing. It marked the defeat of the most recent gun-control bill sponsored by Rep. Stephanie Garcia Richard, D-Los Alamos.

Democrat Eliseo Alcon of Milan joined the six Republicans on the panel to stop the measure, which would have required background checks on all sales of firearms at gun shows and from advertisements on the internet or print publications.

 Everytown for Gun Safety Action Fund spent $250,000 in New Mexico elections in 2016. From everytown.org:

In total, Everytown for Gun Safety Action Fund spent more than $250,000 during the 2016 election in New Mexico.

The NRA only spent $10K in 2016, but spent $44,377 in 2017 opposing the current gun control scheme in New Mexico. The money went to buy Internet ads to oppose the "Universal Background Check" measures.

Representative Eliseo Alcon of Milan did not receive any money from Everytown or from the NRA in 2016. Eliseo, who is called "Lee" by friends and supporters, is a disabled Vietnam veteran. He was a judge before being elected to the legislature. Milan is a small town of 3,600 people that is located about half way between Albuquerque and the Arizona border.

32 or 33 New Mexico Sheriffs opposed the legislation. From abquournal.com:

Opponents say the regulations wouldn’t actually deter criminals, who would just ignore them, and merely inconvenience law-abiding citizens. Sheriffs across New Mexico have turned out to oppose the legislation and say it wouldn’t have prevented Webster’s death because dangerous criminals will still find a way to get firearms.

 New Mexico is moderately gun friendly state that leans Democrat. It is also a mostly rural state that does not like to be pushed around by out of state interests. Democrats hold majorities in both houses. Second Amendment supporters count on rural Democrats like Representative Eliseo Alcon, to honor their oath to support the Constitution.

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

Gun Watch

NV: Two Home Invaders Shot, 1 killed

One man was killed and another was wounded after binding a couple with duct tape in their home on the 8000 block of Hesperides Avenue about 10:30 p.m., Metropolitan Police Department Lt. Dan McGrath said.

Police received calls of gunshots from neighbors and a call from the homeowner. When officers arrived, they formed a team and found a man and a woman inside the home near West Elkhorn and North Cimarron roads, McGrath said. Inside, police also found a man’s body lying in a rear entryway to the backyard.

More Here

TX: Two Open Carriers stop Armed Robbery

The video at the link says the men were open carriers. The Texas carry permit is for both open and concealed carry.

According to a press release by the Tyler Police Department, 34-year-old Chad Boening approached a man and woman in the parking lot between FD's Grill House and Bed, Bath and Beyond. Police say he brought out a knife and threatened the woman saying "do you want to see her die."

Police say that a father and a son saw the incident from their vehicle and confronted the man. Both men brought out their concealed handguns to subdue Boening.
More Here

NC: Good Samaritan situation goes bad, Judge Revokes Permit

Man sees two men struggling with a third who yells "they are trying to kill me". He intervenes. No one is shot, but he is charged, and loses his CCW permit and pistol.  The man was a mental patient who was escaping. His "minders" had no uniforms.

The jury ultimately convicted Brown of discharging a firearm within the city limits but not on the assault charge. Brown left the courthouse via a back staircase and declined to answer questions after the trial.

The verdict limited the punishment Judge Craig could mete out. Because it was only a misdemeanor conviction, Craig could not ban Brown from owning firearms. He fined Brown $100 but did have the foresight to revoke Brown’s concealed carry permit.

More Here

Followup IN: Civil Lawsuits Follow Homeowner and Burglar Convictions

Nearly three years after a Dunkirk homeowner opened fire on an intruder fleeing from his property, the reverberations of those gunshots are still being felt.

Both the homeowner — David McLaughlin, now 34 — and the burglar — David A. Bailey, 32 — were prosecuted over the pre-dawn events of April 21, 2014.

Last April, just before the second anniversary of his shooting, Bailey filed a Jay Circuit Court lawsuit against McLaughlin for shooting him.
More Here

Water Hazard and Murphy at Ranch in 2017

At the Ranch in Arizona, I keep water trickling for a water hole. It is the only reliable water for about three miles in any direction.  I have a game camera there, and sometimes obtain interesting photographs, like the bobcat and coyote interaction above from a couple of months ago.  The water hole is about 15 yards from the backstop of the pistol range.  Some of the water pipe was exposed over the last few years.

My bother and I were at the range, shooting 170 grain cast lead .40 caliber projectiles at a half silhouette steel target.   After watching me fire a few rounds, my brother heard a hissing noise.  Following the sound lead to finding water spurting out of cracks in the half inch, schedule 40 water pipe.

I expected to dig a lead fragment out of the schedule 40 PVC pipe, in the middle of the 2 inch long cracks.  Close examination revealed no projectile had penetrated the pipe. Instead, the fragment had hit the pipe and bounced off, leaving the lead smear shown, and cracking the pipe in the process.  The pipe was hit was about ten yards from the steel half silhouette target.

The repair was simple, once the parts and glue were retrieved.  I am convinced good shooting glasses would have stopped the fragment as well as the schedule 40 PVC did.

The fragment had to ricochet nearly 90 degrees from the line of fire.  After the repairs, I made sure the pipe was covered with dirt. That had been the original condition. Over the years, it had worked its way out of the shallow trench.

The incident reaffirmed my belief in wearing shooting glasses.  It reinforces the old saw that if anything can go wrong, it will. Murphy's wisdom was shown at the water hazard at the Ranch.


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

Gun Watch

TX: Victim Disarms Burglar During Struggle, Shoots Same

An affidavit for arrest warrant states the victim caught 26-year-old Pajee Rollings inside his home on February 10th, wearing some of the victim's clothing and rummaging through his dresser and taking items. Investigators say the two men then got into a fight, and Rollings pulled a gun and pointed it at the victim's face. The affidavit states the two struggled over the gun, and Rollings was shot.
More Here

MO: Gunfight at Gas Station, Victim Wounded, Attacker Killed

According to a police report, the victim told officers that the would-be robber approached him in his car, yelled at him, and fired several rounds, striking him in the leg. The victim returned fire, fatally shooting the suspect.

More Here

TX: Gunfight in Tobacco Store, Clerk Wounded, 1 of 2 Robbers Killed

 

HOUSTON (KTRK) --

A store clerk is in critical condition and a robbery suspect is dead after a shootout in a east side convenience store.

More Here

Tampa Bay Theater "Popcorn" Shooting: Don't Frighten an Old Man

Video of Theater Shooting link

On January 13, 2014, a retired police officer, Curtis Reeves, and his wife were preparing to watch "Lone Survivor" in a theater in the unincorporated area of Wesley Chapel, part of the Tampa Bay Florida metro complex.

Directly in front of the retired officer and his wife were another couple, Chad Oulson and his wife.

Reeves and Chad got into a dispute after Reeves asked Chad to stop using his cell phone during previews.

The case has been characterized as a retired police officer shooting someone who threw popcorn at him.  I was surprised to see the reality when surveillance video of the confrontation was released.  The violent confrontation took about 1.3 seconds.

During that period, Chad Oulson snatched the popcorn container from Reeves lap, flung it at his face from about a foot away, rapidly extended his hand toward Reeves face again, and pulls it back, fractions of a second before Reeves shoots.  In the video, you can only see Oulson's outstretched arm and hand. The rest of him is outside the surveillance video frame.

Correction: There were two thrusts at Reeves, but the above paragraph has the sequence wrong. The first thrust is to grab the popcorn, the second is to fling the popcorn.  The above paragraph states that the grabbing and flinging were in one motion, and then a second motion without the popcorn. That is not the case.

The outstretched Arm of Chad Oulson is under the red arrow.  The container of popcorn is just to left, in flight. Head of retired officer Reeves is just to left of cup in flight, barely visible.

The defense in the case has nothing to do with the "Stand Your Ground" law. The action happened so rapidly that there was no chance to retreat.  Reeves was confined in the theater chair, is elderly, and in no condition to fight a younger man.  Both men are large, but Oulson, at 43, was nearly 3 decades younger, in his prime. Clearly, this was an assault by Oulson.

The establishment news coverage has characterized this as a "Stand Your Ground" case, and the pre-trial hearing as a Stand Your Ground hearing.

In reality it is a completely separate part of the the law, a pre-trial immunity hearing. The immunity hearing just ended, with the judge finding a preponderance of the evidence did not prove self defense. From palmbeachpost.com:

A retired Florida police captain who shot and killed a man in a movie theater will face a second-degree murder charge after a judge ruled that the state’s "stand your ground" law does not apply in this case.

The hearing will be appealed. From tampbay.com:

Dino Michaels, a member of Reeves' defense team, said they respect the judge's ruling but intend to file a challenge with the Second District Court of Appeals.

One of the strongest points of the defense is that Reeves, 71, was defending against an assault on the elderly. That makes Oulson's assault on Reeves a violent felony.  In Florida, deadly force is justified to stop a violent felony. From fox6now.com:

“The claim of the defense is that Mr. Oulson was committing a felony against Mr. Reeves by abuse of the elderly when he threw his cell phone at Mr. Reeves,” Swartz said.

The judge in the immunity hearing never mentioned the violent felony justification in her ruling. She did not refute it or dispute it.

 This was a tragic case. It seems that either party could have de-escalated early on. Either party could have moved to other seats. It looked as though there were many empty seats. It did not get physical until Oulson snatched Reeves popcorn and flung it in his face at extremely close range.

This may be a classic case of the old canard: "Don't frighten an old man. He won't fight. He will just kill you."

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

Gun Watch

Situational Awareness: Clerk has gun Ready When Robber Points Pistol (video)

In this interesting video of an attempted robbery, the clerk's situational awareness allows him to respond quickly. The shooting occurred on March 10, 2017, in Columbus, Ohio. The clerk is suspicious of the customer coming in the door with his hand hidden. The clerk draws his semi-auto from his right side back pocket.  The lack of a holster is a good clue to a lack of training. Store personnel armed themselves after three armed robberies in a year.

Link to video:

In the video, I was only able to detect two shots.  One can be heard as the suspect drops down below the counter level. It is fired by the clerk. It appears to be a miss.

The second shot occurs as the suspect is at the shops doors. You can see the muzzle flash in the image.  It is possible that more shots were fired.

I was unable to detect any shots from the suspect's revolver.

The suspect was wounded in one of his hands. Which hand is not specified.
He was arrested at the hospital.  The clerk's pistol looks rather "Glockish" but many pistols today have that look.

After the suspect has fled the store, the clerk runs up to the doorway.  This is not a good tactic. The threat is gone, and may have set up an ambush.  Call the police.  If you must approach the door, consider a different approach.  It would be good to have a camera monitoring the entrance.

The robbery suspect is rather lucky he was not killed.

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

Gun Watch

OH: Clerk Shoots Robbery Suspect in Hand

Surveillance video from the Sunoco on Norton Road in southwestern Franklin County shows the suspect walk in demanding cash when the clerk fires a shot at him.

The suspect, identified as 27-year-old Emanuel Hamm, took off but was later arrested by deputies.

Hamm was shot in the hand but is expected to recovery.

More Here

NH: Hooksett Homeowner Stops Home Invasion with Gunshot

According to a post on Facebook, Hooksett Police headed to the home after a man alleged that Noel attempted to enter his residence.

“An adult male inside the residence fired a handgun toward Noel in self-defense,” according to police. “No one was struck or injured. A physical altercation ensued between Noel and the homeowner, who is a relative of Noel’s. Noel left the residence and began causing damage to a vehicle and the home.”
More Here