MI: Mistaken Identity Shooting; Teen Mistakes Cops for Burglars

The 19-year-old opened fired on two officers with a shotgun “fearing for the safety” of his mother and brother, Detroit police Chief James Craig said at a media briefing on Monday.

He had already called police three times believing his family’s home along Lesure Road in west Detroit was being targeted by several break-in attempts on Sunday.
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MA: Gunfight, Resident and Invastion Suspect both Wounded

A man and woman inside the home told police that the man had approached the side door of the home, demanding entrance and threatening a man and woman inside with his gun.

The believed burglar and a male resident inside the home exchanged gunfire, police say, and both were hit. The resident, 24, was found by police suffering from a serious gunshot wound.

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Followup MD: Man who shot Firefighters Sentenced to Four Years on Weapons Charge

The firefighters were breaking into Lumkin's home. Lumpkin was ill with diabetes.

Darrell Lumpkin, 62, pleaded guilty this year to an illegal-weapon charge in the shooting that left Ulmschneider dead and injured another firefighter as well as Lumpkin’s brother.

“I’m sorry for the family,” Lumpkin said at his sentencing hearing Friday afternoon. “I was sick at the time.”

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SC: Constitutional Carry to be Heard in Senate, Governor McMaster Says He Will Sign it

The South Carolina House passed Constitutional Carry as H. 3930, 64-36 on 5 April, 2017.  The move to modernize South Carolina law has progressed to the Senate. The Constitutional Carry companion bill S. 449 will be heard in the Senate this week, the 18th of April. From the charlotteobserver.com:

What did make it in time to be considered for passage this year? A bill that would make it legal for residents to carry guns – concealed or openly – without a permit or training. It passed the House and is being considered in the Senate this week. McMaster said he would sign it if it reaches his desk.

Governor McMaster has said that he would sign a Constitutional Carry bill if it passes. From postandcourier.com:

COLUMBIA — Gov. Henry McMaster said Friday he would sign a law granting open, permit-less carry of weapons if it passes the General Assembly.

"Gov. McMaster appreciates the House’s hard work on this bill, believes it is constitutional and will sign it if it reaches his desk,” McMaster spokesman Brian Symmes said.

Bills designed to impose more infringements on the exercise of Second Amendment rights in South Carolina have not been popular. A bill to increase the wait to exercise Second Amendment rights failed to make the legislative deadline.

In 2016, the Senate stopped a Constitutional Carry bill supported by Senator Lee Bright. Bright lost his primary and is no longer in the South Carolina legislature. One of the Senators who voted against the bill last year, is a sponsor of S. 449 this year.  Senator Katrina Frye Shealy (R) Lexington was one of the primary opponents. She is still on the Judiciary Committee, which is a likely place for the bill to be sent in the senate.

The Constitutional Carry bills in South Carolina remove the restrictions on both open and concealed carry of handguns. South Carolina is one of only five states that ban the open carry of holstered handguns in most public places.

Constitutional Carry, or very close approximations, were the law in 11 states at the beginning of 2016.  In the first quarter of 2017, New Hampshire and North Dakota have joined the club.  We will find out if South Carolina will join the club in the next few weeks.


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

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TN: Bill would reduce Penalty of Carrying Handguns

Tennessee, as part of reconstruction after the Civil War, banned the open or concealed carry of handguns.  The state constitution was changed to allow this infringement of the right to bear arms in 1870.  From the 1870 Tennessee Constitution:

That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime. Art. I, § 26 (enacted 1870).

Some Tennessee legislators are attempting to minimize the infringement by reducing the penalty for bearing handguns from a misdemeanor to a civil offense. The penalty would be a fine of $25 for the first offense, and $50 for the second offense.

Tennessee has a shall issue permit law. The law partially restores the right to carry handguns, openly or concealed, but requires a state issued permit to exercise that right.

In order to move toward Constitutional Carry, the intermediate step of reducing the penalty for carrying without a permit would be enacted with HB 1176:

As introduced, reduces the penalty for the offense of carrying a handgun without a permit and with the intent to go armed to a Class C misdemeanor with a $25 fine for a first offense or $50 for a second or subsequent offense and requires a citation to be issued in lieu of arrest. - Amends TCA Title 39, Chapter 17, Part 13 and Title 40.

 The bill has been passed from the Civil Justice Committee to the Finance, Ways & Means Subcommittee.

This late in the year, the chances of passage do not look good.

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

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AZ: Gun and Knife Fight in Glendale

The altercation started after two men came to the victim's home, police said. The victim was stabbed in the arm and in turn, shot one of the suspects.

The pair fled the scene before police arrived and the victim allegedly admitted to shooting one of the men, authorities said.
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WA: Homeowner Shoots, Kills 27-Year-Old Intruder

TACOMA, Wash. -- A homeowner shot and killed a 27-year-old man who forced his way into his home early Saturday morning.
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AL: Gunfight, Homeowner Shoots Intruder, Intruder Dies

The caller stated two white males entered his residence and attempted to rob him. The caller said one of the suspects pulled out a weapon and, at that point, gun fire was exchanged between the robbery victim and one of the suspects.





Emergency personnel arrived and found the robbery victim who directed the medical personnel to the wounded suspect, Steven Alan Ammons, 24, of Ozark. Ammons was transported to the Southeast Alabama Medical Center for further treatment. At 4:20 am. Thursday, Ammons was pronounced dead.

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Requiring CCW for Employees: A Smart Move

In a recent defense story from Cleveland, Ohio, a man said that he had a concealed carry permit because his past employer required it. From cleveland.com:

He said he has a concealed carry permit because he used to work at a barbershop, and the owner required barbers to get their concealed carry licenses for their protection.

I suspect that more businesses are taking this approach. It brings about many benefits. Last year, we had the example of a Georgia business owner who required his employees to be armed. He would give them a Taurus Judge revolver when they showed him their concealed carry permit.

Here are a few of the advantages.  They have been hidden behind false narratives and misinformation about people who legally carry guns.

1. Employees with a concealed carry permit are a deterrent to robbery and physical attacks on the business premises.  This may seem obvious, but you will find many who claim, without support, that it is not so.  Having more than one employee armed at a location makes it an extremely unattractive target.  There are too many variables, and too much to go wrong for any thinking robber.

2. There is an obvious, clear screen to limit employees to a select, high quality level.  Permit holders are self selected to be one of the most law abiding, responsible groups in the nation.  Their crime rates are only a fraction of those of police officers; they are many more times as law abiding as the general population.

3. Your employees are in a group that puts a high value on personal responsibility and self reliance.  This is the group least likely to blame you for personal failures, or to see your business as a potential source of a "liability lottery".  They look ahead, see problems, and do things about them. 

4. The state is now doing a continuous screening process for you, one that is actionable and clear.  If an employee becomes likely to have problems (according to the state, not the employer), their permit will be taken from them.  The employer then has reason to dismiss the employee.

In some states there is another benefit.

Wisconsin, Kansas, and Tennessee offer immunity from lawsuit if the employer allows employees to be armed. From Wis. Stat. § 175.60(21)(b), (c):

(b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.

From kslegislature.org 75-7c10(c)(2)

(2) Any private entity which does not provide adequate security measures in a private building and which allows the carrying of a concealed handgun shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.

From tndefenselitigation.com:

(a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to § 39–17–1359, shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to § 39–17–1359.

The advantages are clear. We will be seeing more business owners with this policy.

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

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ND: Williston Police Gun Auction nets over $55,000 for 149 Guns

On Wednesday, April 12, the Williston Police Department of Williston, North Dakota, auctioned off 149 firearms that had been collected over the last couple of decades. From myndnow.com:

Hundreds of people attended the Williston Police Department's first gun auction.  

In total, 149 guns forfeited to the department through criminal investigations were up for bid.

"I used to have a federal firearms license and I used to have a side gun business. If I do stay here, I'm going to do it again and that's why I came here. To get an education," says Gary Silva, an auction attendee.

Some of the oldest guns for sale had been in the department's custody since the 1990s.

"We are now kind of running out of space for those guns and it's time to get rid of those firearms," says WPD Sergeant Detective Jacob Gregory.

North Dakota is one of at least 11 states that have enacted laws either allowing or requiring police departments to sell forfeited guns at auction.

You can view the list of guns auctioned at badlandsauction.files. Some designations that catch the eye are:

Keltec KSG 12 gauge
Israel Weapon Rifle
Kimber Custom Covert II  45
Colt Revolver King Cobra
Bushmaster 223 XM15
Brown(ing)? .22 rifles
Savage Lever Action wood grain  (maybe a model 99?)
LW Seecamp

The person compiling the list did not seem overly concerned with clear and accurate firearm descriptions. My experience with North Dakota auctions is they tend to have a higher class of firearms than average.

The inexpert naming did not reduce the prices, at least not noticeably. The Williston Police Department sold the firearms in a smart and efficient way. They had a live auction with an experienced auctioneer.  Firearms sold at live auctions tend to bring top dollar.

The benefit to the Williston city general fund was over $55,000 for 149 firearms, an average of $369 per firearm.

It is easy to see why the North Dakota legislature requires departments across the state to sell firearms that they acquire for the benefit of the public. It would have required scarce resources to destroy these valuable assets. Instead of costing the city dollars, the auction put money in the public treasury.

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

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Al: Gun Beats Bat

The victim stated the subject approached her vehicle armed with a bat and that she shot at him. The subject was struck and went to the hospital with non-life threatening injuries.

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UT: During Struggle, Son Shoots Intruder, Wounds Mother

Syracuse police Detective Erin Behm said officers responded to a 6 p.m. Wednesday 911 call of gunfire at 1850 S. Bluffridge Drive. The homeowner, rushing home when family members called him to report someone trying to break in, confronted the suspect.

During a subsequent struggle, the man's son, also 17, produced a handgun and shot the suspect, accidentally also wounding the woman.

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DE: Armed Man Returns fire at Drive by Shotgun Shooter

According to authorities, the victim was in the 900 block of West North Street, near the Simon Circle Community Building, on April 12, 2017, at about 12:05 a.m. when a vehicle drove by and he saw the passenger holding a shotgun.

The victim took cover and the passenger shot at him, police said, prompting him to return fire with his own legal handgun, which he was openly carrying. The suspect vehicle fled, police said.
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TX: Homeowner Confronts Burglars, Kills one, Wounds another

Huntsville police believe a homeowner was justified in shooting two men who were attempting to burglarize his home Wednesday night, killing one of them and wounding the other.
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NV: Resident Fataly Shoots Intruder who Forced Entry

Police received a call about 1 a.m. from a man in his mid-20s who said he shot another man who broke into his apartment, Lt. Dan McGrath said. He told Metro there was a loud “bang, bang, bang” at the door before the man forced his way in, McGrath said.

McGrath said the resident then shot and killed the intruder.

When officers arrived, the resident was outside the apartment with a friend. The resident had a gun. Police asked him to put it down, which he did, setting it on a curb.

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IA: Homeowner shoots Woman who Broke in, Choked Him

The man told police he heard a noise and saw a women in the house wearing a headlamp. According to police, when the man confronted the woman, she said she was there with her boyfriend and asked him not to shoot.

Police said the man grabbed her in an attempt to get her out of the house and the two fought, with the woman eventually wrapping a scarf around his neck and choking him.

According to police, the man felt he had no choice but to shoot her.“On the surface, it looks like it was a justifiable shooting," Des Moines police Sgt. Paul Parizek said.
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CA: Armed Homeowner Holds Car Thief who Crashed into Home for Police

One of four people traveling in a stolen vehicle was held at gunpoint by a homeowner in Fountain Valley after the car crashed into his Fountain Valley home.
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Nebraska Preemption Bill in Play

Governor Pete Rickets of Nebraska

Nebraska's preemption bill has moved forward in a significant way.  Bill LB68 was voted on by the Government Military, and Veterans Affairs committed and passed 33 - 11.  The Nebraska legislature is unicameral, with only 49 members. The committee vote was a vote of the whole legislature, and makes it very likely the legislation will pass.  The Governor, Pete Rickets, claims to strongly support the Second Amendment. His signature seems probable.

From theindependent.com:

The Legislature voted 32-12 to advance a bill that would require state law to override municipal gun regulations in Nebraska. Supporters of the measure narrowly defeated a filibuster by senators who argued cities and villages ought to control gun possession in their communities.

The advancement of the bill puts Nebraska one step closer to passing what likely is the most significant expansion of gun rights since lawmakers enacted a concealed carry law in 2006.

Senators adopted an amendment that provides exceptions that allow Omaha to continue to ban open carry of handguns in public places. It also permits Omaha to keep certain rules on transporting firearms through the city that won’t apply to other places.

Some horse trading was done to get the bill passed. Omaha gave up their requirement for handgun registration, but hung on to the power to ban the open carry of firearms by people who do not have a Concealed Handgun Permit.

Other than the open carry exception for Omaha, the bill is a strong preemption bill.   The bill allows individuals and organizations to sue local governments that violate preemption, and to recover expenses.

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

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Iowa Governor Branstad Signs Gun Law Modernization

Iowa Governor Terry Branstad signed a comprehensive bill, HF 517, to modernize Iowa's gun laws on Thursday, 14 April, 2017. The reforms had been bottled up for years by a few legislators, mostly Democrats, that were voted out of office last year. An archaic provision prevented children form receiving safety training for handguns. From wcfcourier.com:

One of the provisions of the bill that took effect immediately allows children below the age of 14 to handle pistols or revolvers under the supervision of an adult parent, guardian or instructor — which directly affected the Gibson sisters ages 13 and 11.

“I think the parents should at least teach their kids safety so nothing bad happens out there,” Meredith Gibson said after receiving one of the pens the governor used to sign the bill into law.

“I am very honored to sign House File 517 into law,” Branstad told the assembled group of supporters. “I know this is an important and significant piece of legislation for people that support the Second Amendment to the United States Constitution.

Another provision of the bill will ensure that gun laws are consistent across the state. This part of the bill prevents local governments from enacting laws that are more restrictive than state laws. Most states have a version of this of  preemption for firearm laws.

Here is a list of other reforms placed into law by the bill.

The bill removes the Iowa ban on short barreled rifles and shotguns, in favor of federal law. Possession of short barreled rifles and shotguns will be a violation of state law only if it is a violation of federal law.

House File 517 makes clear that presumption of evil intent is not to be inferred from the mere act of being armed.

Training options to meet the requirements for carry permits have been expanded. They now include having taken a hunter safety course, and web based training provided over the Internet, if certified by the instructor. No renewal training will be required for permits issued in 2011 or later.

It protects the privacy of permit holders by prohibiting disclosure of personal information on carry permits, except for specifically authorized disclosures.

There is a provision to appeal to decision of Sheriff or Commissioner if a permit is refused; court fees can be awarded if the appeal succeeds.

Permits to acquire pistols will be expanded from one year to five years.

Permits to acquire shall not be allowed to contain information about particular weapons, such as make, model, or serial number.

It removes the authority of Director of Administrative Services to ban weapons in the Capitol and associated buildings. The bill allows the concealed carry of weapons by people with permits, in the state capitol.

The bill removes any authority of the Governor or any official of the state to ban the carry or possession of firearms during emergencies, as long as they are carried and possessed in accordance with Iowa laws. Officials may be sued for damages.


The bill removes authority of officials to seize or confiscate legally possessed firearms during states of emergency.

A Stand Your Ground provision is included in the law. The provision provides immunity from civil lawsuit if injuries or death occurs as a result of justifiable self defense.

Defensive display is allowed for. From iowa.gov:

The bill provides that a threat to cause serious injury or death by the production, display, or brandishing of a deadly weapon, is not deadly force, as long as the actions of the person are limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.

The bill removes the prohibition on the carry of pistols or revolvers on snowmobiles or all terrain vehicles (ATVs).

The bill protects target shooting in unincorporated areas of Iowa, with the permission of the owner or tenant of the property. State and local ordinances based on noise or nuisance are preempted.

Constitutional Carry, that is, the restoration of the ability to carry firearms concealed without having to obtain a government permit, was originally included in the bill, but was stripped out in the legislative process. Iowans already have the right to carry firearms openly in most areas of the state.

12 other states have restored the right to carry concealed without a permit.  One state, Vermont, never implemented a permitting scheme. Experts disagree about whether the lack of permits decreases crime or has such a small effect as to be difficult to detect.

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

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WI: Serious Push for Constitutional Carry

Wisconsin legislators are mounting a serious push to bring Wisconsin into the Constitutional carry club. Two weeks ago, on 28 March, 2017, the Right to Carry Act LRB-2039/1, was announced in the legislature. I have been hearing rumors about such a bill, but details were lacking.

The Wisconsin legislature is catching up with what the people voted for in 1998.  In 1998, Wisconsin finished an arduous process to pass a right to keep and bear arms amendment to the Wisconsin Constitution.  It ended any argument about weather the Second Amendment applied to Wisconsin. From Article I Section 25:

 The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.

There is no qualifier on bearing arms in the amendment.  All but six states have some constitutional provision protecting the right to arms. Many states who wished to restrict concealed carry, put a qualifier in their amendment specifically granting the state the power to regulate bearing concealed weapons.

Colorado, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Carolina, Oklahoma, Tennessee, Texas, and Utah have or had such provisions. Wisconsin voters and legislators did not include such qualifiers.

Louisiana and Missouri have acted to remove those qualifiers.

The Wisconsin Supreme Court was dominated by anti-rights liberals until recently. They refused to accept the clear meaning of Section 25. Most of the leftist justices have been replaced. A recent Supreme Court decision has strong hints that the majority on the Court are now willing to enforce Section 25.

Two different sources have informed me that the Constitutional Carry bill in Wisconsin has the votes to pass the legislature, and that Governor Walker will sign the bill. The bill is a well thought out reform that changes numerous provisions in Wisconsin law, removing statutory restrictions on the carry of arms that are unsupportable under Section 25.

The bill would repeal the silly Wisconsin gun free school zone law, a direct copy of a proposed federal statute. The  statute has provisions that make no sense for a state law. The statute bans the carry of guns within a thousand feet of a school, directly violating section 25 of the Wisconsin Constitution.

The bill reforms laws banning the carry of weapons will shining a light on wildlife, removes numerous "gun free zones", and expands the state "shall issue" permit to non-residents. In a nod to the Federal Supreme Court decision in Caetano, it removes restrictions on electric weapons. Here is the comprehensive legislative summary of what the bill does.

From the bill:

Current law generally prohibits an individual from carrying a concealed weapon unless the individual has a license to carry a concealed weapon that is issued by the Department of Justice or unless the individual has a law enforcement identification card indicating that he or she is a qualified current or former law enforcement officer. This bill eliminates the general prohibition against going armed with a concealed weapon without regard to licensure status. This bill also eliminates current law prohibitions against carrying firearms in specified places, but retains the current law that allows certain persons to post buildings and grounds so that individuals who carry a firearm in violation of the posting commit trespass. For instance, this bill eliminates the prohibition on carrying a firearm on school grounds and, for persons without a license to carry a concealed weapon, in a school zone. Instead, this bill allows schools to post their buildings and grounds under the trespassing laws. An individual who violates the trespassing provision is guilty of a Class C misdemeanor if the individual is in a posted school building and a Class B forfeiture if the individual is on the posted grounds of a school.

Likewise, the bill eliminates the general prohibition against carrying a firearm in other buildings, such as a police station, a house of correction, or a secure mental health facility, but allows the appropriate governmental entity to post the buildings against carrying a firearm. This bill also eliminates the prohibitions against carrying a firearm, bow, or crossbow in a wildlife refuge and eliminates the prohibitions against carrying a firearm, bow, or crossbow while engaging in certain activities, such as operating an all-terrain vehicle. In addition, current law prohibits an individual from shining wildlife while the individual is hunting or possessing a firearm, bow and arrow, or crossbow. This bill maintains that the individual may not shine wildlife while hunting but eliminates the prohibition on shining while possessing a firearm, bow and arrow, or crossbow. The federal gun-free school zone law generally prohibits the possession of a firearm in a school zone but exempts an individual who is licensed to possess a firearm by the state in which the school zone is located if the license involves a background check on the individual. For purposes of being able to possess a firearm in a school zone under federal law, as well as for purposes of being allowed to carry a firearm in other states that require licensure, this bill maintains the license to carry a concealed weapon and the law enforcement identification cards. This bill makes two modifications to the process to obtain a new license to carry a concealed weapon.

First, under this bill, DOJ may issue a license to an applicant who is not a Wisconsin resident; under current law, only a resident may be issued a license. Second, although current law requires proof of completing a training program for a license, under this bill, if an otherwise qualified applicant does not provide proof of completing a training program, DOJ must issue the applicant a license that indicates that the license is a basic license. For in-state purposes, the license and the basic license are indistinguishable, and, under this bill, both are optional. The bill also provides that, if the federal government creates standards that would allow a license to carry a concealed weapon to be recognized by other states and the license issued by DOJ does not comply with the federal standards, DOJ must create an optional enhanced license to carry a concealed weapon that complies with the federal standards.

Finally, current law generally prohibits the possession of electric weapons, commonly known as tasers. This bill eliminates that prohibition except the prohibition is maintained for an individual who is prohibited from possessing a firearm. This bill also changes the definition of “firearm” by specifically excluding antique firearms, as defined under federal law, which excludes firearms manufactured before 1898 and muzzleloading firearms. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

Wisconsin was the second to last state to pass a "shall issue" concealed carry statute. The legislation had been repeatedly stopped by former AG and Governor Jim Doyle, who twice vetoed carry bills. Because of the delay, the final bill became one of the best "shall issue" statutes in the nation.

Perhaps, because of the prior refusal of the Supreme Court to enforce the right to arms amendment, the legislature will enact this strong Constitutional Carry statute, enforcing the will of the people.  The legislators expect Second Amendment supporters to continue to push for this bill.

Opponents of the right to arms are pushing against enactment in the Milwaukee and Madison papers.

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

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