A shooting death at Donald and Webster Streets in South Bend in April has been ruled a justifiable homicide.
The St. Joseph County Prosecutor’s Office says the death of David Austin was justified, as several witnesses said Austin approached the shooter, a 72 year-old man, in an aggressive manner and had punched the man.
Right to Carry: 2021 from radicalgunnuttery.com
Iowa and Tennessee are two of the five states which have restored Constitutional Carry so far in 2021. In both states the Constitutional Carry (permitless carry) bills took effect on Thursday, 1 July, just ahead of Independence Day, July 4th.
Constitutional Carry is reasonable facsimile of the state of the law when the Second Amendment was ratified in 1791. At the time, no state or federal law required government permission in order to carry personal weapons, either openly or concealed.
In Iowa, the Constitutional Carry bill contained other reforms. The bill was signed into law on 2 April by Governor Kim Reynolds. It removed the Iowa requirement for a permit to purchase a pistol, which was separate from the federal National Instant background Check System (NICS). From kpvi.com:
Effective July 1, Iowa no longer requires certain residents to have a permit to acquire or permit to carry to purchase handguns from federally licensed firearms dealers.
Iowa has moved from a relatively restrictive state, where you had to ask government permission to purchase or carry a handgun, to a state where the Second Amendment is honored most of the time in most places. There have always been a few places where the carry of weapons was regulated, such as in prisons and powder houses. Private property owners could exclude armed people if they so desired.
In Tennessee, Governor Bill Lee signed the Constitutional Carry (permitless carry) into law on 8 April, a week after Governor Kim Reynolds of Iowa signed there Constitutional Carry bill into law. From wsmv.com:
NASHVILLE, TN (WSMV) - Several new laws will go into effect today in Tennessee.
Among them, the controversial constitutional carry bill, which allows Tennesseans 21 and older to carry a gun without a permit.
The legislation, signed into law by Governor Bill Lee earlier this year, removes the permit process required for Tennesseans to carry a handgun.
The bill in Tennessee has some controversial provisions. Some of these are:
If a person leaves a handgun in a motor vehicle, it must be locked up and out of sight.
People are prohibited from carrying a handgun if a Tennessee citizen has had two convictions for Driving under the influence (DUI) in the last ten years or once in the last five years.
The three other states who have restored Constitutional Carry in 2021, so far, are Utah, Montana, and Texas.
Most portions of the Montana Constitutional Carry bill became effective with Governor Greg Gianforte's signature on 18 February. The University carry provisions were to go into effect on 1 June. They are being challenged in court.
The Utah bill became effective on 5 May, 2021.
The Texas law becomes effective on 1 September.
As of this writing, Louisiana is likely to hold a veto override session, where Governor Bel Edwards veto of the Louisiana Constitutional Carry bill may be over ridden. 20 states have restored Constitutional Carry. Vermont has always had Constitutional Carry, making 21 Constitutional Carry states at this time.
Those states are:
The 21 states cover 56% of the land area of the United States of America.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
The investigation revealed that the victim, a 66-year-old male, heard noises coming from the kitchen of his apartment, which is located on the second floor. He went to his kitchen and encountered Babineaux who was climbing through the kitchen window. The victim told officers he feared for his safety, retrieved a handgun, and returned to the kitchen. According to the victim, Babineaux was now inside the kitchen, attempted to leave by a rear door but then turned towards the victim. The victim discharged the firearm, but Babineaux was not struck by gunfire.
A man was shot and killed while attempting a home invasion Saturday morning in a North Naples gated community, the Collier County Sheriff's Office says.
At around 4:30 a.m., the suspect fired a single gunshot through the front door of an occupied residence in Raffia Preserve, detectives said in a news release. A confrontation between the suspect and an armed resident ensued outside the home, which ended in the resident shooting the suspect.
The suspect, who detectives are working to identify, was transported to a local hospital where he died, CCSO said.
Oakley police have identified a 37-year-old Oakley resident who shot and killed an alleged home intruder, also identified, early Saturday morning, according to the Oakley Police Department.
Tyriek Harrison, 25, of San Francisco had allegedly forced his way into a Blue Heron Court home shortly after midnight, when the 37-year-old home occupant, identified as Jonathan Gillette, opened fire several times, killing the suspect, Harrison, police said.
Harrison was known to Gillette and had recently made violent threats to other adult females that were inside the home at the time of this intrusion,, according to Oakley police.
In the arrest report, the teen gives her account, saying she was made aware of 54-year old David Havens trying to break in after she heard him barking at her dogs shirtless.
She then calls 911 as she says Havens was “trying” the door handle.
She immediately hung up the phone with police dispatch, called her mother and then was instructed to hide in the bathroom.
Police say moments later they arrived on scene and heard a gunshot. The shooter was the homeowner’s boyfriend, who picked the homeowner up from walk when they received the call from the teen.
CENTRAL VALLEY, Sevier County — An elderly couple were critically injured when police say their grandson attacked them both with a knife before being shot by his grandfather.
The attacks occurred late Thursday when a woman "in obvious panic" called 911 to report that her husband was being stabbed by their grandson, who then began attacking his grandmother, Sevier County Sheriff Nathan Curtis said in a statement.
"As she was being attacked, the first stabbing victim was able to get a handgun and shoot the attacking grandson multiple times. This gave the stabbing victims time to leave the residence, get in their vehicle, and drive to the neighbor's house," Curtis said.
A homeowner shot and killed a distraught stranger who got past a locked gate, tried to push his way into the house and threatened to hurt the family inside, Clark County sheriff’s officials said Friday.
Deputies were called to a home near Battle Ground in a rural area of the county about 9:45 p.m. Thursday after a 911 caller said an “unknown and unwanted man” was at the front door of the home and trying to get inside, the Sheriff’s Office said in a statement. The caller said the stranger had gotten past a locked driveway gate and was trespassing.
Governor Andrew Cuomo of New York From wikimedia commons, by Diana Robinson, 26 May, 2014, Little Neck Douglaston, CC 2.0
The latest example of misuse of the "public health emergency" as an Orwellian phrase is by Governor Cuomo of New York. Governor Cuomo declared a First-in the Nation "Gun Violence Disaster Emergency".
Big government proponents love "emergencies" because "emergencies" give them power they otherwise do not have. This is why we see the ever - expanding use of "emergency" or "disaster" to apply to otherwise ordinary events.
Leftist have successfully used the term to expand their power to override nearly all Constitutionally protected rights. Progressives "public health" power was the start of their successful degradation of the checks and balances in the Constitution. Emergency War powers may be the only thing which is used to override Constitutional protections more than "Public Health Emergencies".
From news release of the office of the governor.ny.gov:
Governor Andrew M. Cuomo today declared the first-in-the-nation gun violence disaster emergency as part of a new, comprehensive strategy to build a safer New York. This new strategy treats gun violence as a public health crisis, using short-term solutions to manage the immediate gun violence crisis and reduce the shooting rate, as well as long-term solutions that focus on community-based intervention and prevention strategies to break the cycle of violence. The disaster emergency allows the State to expedite money and resources to communities so they can begin targeting gun violence immediately.
Governor Cuomo is using the emergency powers to shift "gun violence" away from law enforcement to public health agencies. The new Office of Gun Violence Prevention will be overseen by the New York state Department of Public Health, and will be lead by an appointee of Governor Cuomo.
Cuomo will be using the "emergency" to send $138.7 million dollars to his political allies. None of the money appears to go to the police, especially not to local police. $76 million will go to a "jobs" program. The "jobs" program is another way to give money to political allies to dole out to buy votes. It is classic machine politics.
The plan includes some possibility for actual homicide reduction. The plan acknowledges only a small number of individual are responsible for most homicides. From the press release:
As with COVID, the State will use a cluster-based strategy to contain and combat the epidemic and identify gun violence hot spots where clusters of shootings are driven by small numbers of people. Initial hot spots identified in New York City, Albany, Buffalo, Syracuse, and Long Island include just 4,090 young men aged 18-24 but account for 48.5 percent of recent gun violence in those communities.
Concentrating on the small number of offenders has had some success in reducing homicides. It remains to be seen whether the Cuomo plan will utilize what has been learned form past successes.
There is very little emphasis on crime in the plans. Governor Cuomo says a "Gun Trafficking Interdiction Unit will be created within the New York State Police. From the press release:
To combat the flow of illegal guns onto New York streets, the State will create a new Gun Trafficking Interdiction Unit within the New York State Police. New York State will also work with other states in the region to share gun tracing data that can stop inter-state gun traffickers and straw purchasers from introducing illegal guns into New York communities.
Notice the false assumption built into the statement.
gun tracing data that can stop inter-state gun traffickers and straw purchasers from introducing illegal guns into New York communities.
No it can not. Gun tracing data simply does not do this to any significant extent. A few people smuggling guns into New York may be prosecuted. Just as with bootleg liquor, marijuana, and other drugs, the effect will be not be measurable. Gun tracing, as a crime prevention feature, has been a colossal failure.
In all of 2019, (latest data available) only 7,363 guns were traced in all of New York State. About half of those were in New York City (3,495). The vast majority of those traced were almost certainly for simple possession, not for violent crimes.
There were about 300 homicides with guns and about 3,000 robberies with guns in 2019, In New York according to the FBI UCR.All the guns traced by the ATF in New York in a year can be replaced with a mere 20 guns smuggled into the black market a day. This does not require extensive smuggling networks, just a few informal networks smuggling in guns one or two at a time. Guns are common and easily and legally available throughout the United States. Millions of vehicles move into and out of New York every day. The average time between when a gun is purchased, and when it is traced by New York police, is 11.25 years (from ATF).
Only tiny numbers of guns are used in criminal shootings. 20 guns a day, smuggled a few at a time in private vehicles, is simply impossible to stop, or make a significant dent in. One gun can be used in multiple shootings. Guns are often shared among gang members.
There are over 470 million private guns in the United States. More than a million are being added to the private stockpile each month.
Governor Cuomo is mired in corruption, sexual harrassment, and the investigation of his complicity in causing tens of thousands of deaths of elderly people by his irrational and irresponsible decisions in the Covid-19 pandemic.
It is to be expected he will use every device at his disposal to hang onto power.
The Biden Administration has used its power to send New York (read ally Governor Cuomo) tens of billions of dollars to make up for decades of bad government by the state.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
EUREKA, Mo. (KMOV.com) - Eureka police are investigating after a homeowner confronted a burglar rifling through his truck and it turned violent.
As the suspect was running away, surveillance video captured him shooting at the homeowner, who returned fire.
“It happened so fast, I didn’t know he had a gun," said the homeowner, Jesse Leuthauser.
Texas recently passed HB 957 into law. It will become effective on 1 September, 2021. The law repeals the Texas state ban on the possession of silencers/suppressors/gun mufflers, puts into effect a "no commandeering clause" for federal enforcement of the National Firearms Act (NFA) for silencers, and sets up a federal test case of the NFA in federal court.
In a previous article the repeal of the Texas law and the anti-commandering section were discussed. The likely federal test case was not.
HB 957 came from the brain of Representative Oliverson of Texas District 130, north of Houston. Dr. Oliverson is not a lawyer. This correspondent was able to talk to Representative Oliverson about how he formed the idea for the law.
Dr. Oliverson came up with the idea to reform suppressor law in Texas because he had purchased two suppressors. He personally experienced the bureaucratic insanity it takes to legally obtain a silencer/suppressor/gun muffler in the United States.
Representative Oliverson:
I had this idea, last session, and it was something I sort of came up with on my own. The basic idea was, you know, states obviously, in the last decade, I am aware, have in a variety of ways, pushed back against federal law that they thought was overreaching and unnecessary, by simply opting out, and just saying look, we are not invalidating federal law, but as far as the state is concerned, we do not recognize this in the same way that you do, and you cannot use our resources to enforce the law. If you want to enforce it, knock yourself out, but we are not helping you, and we are done.
The first thing Representative Oliverson noticed about states which enacted anti-commandeering laws, was that Colorado did this with Marijuana, and other states started doing it as well.
The federal government did essentially nothing. Representative Oliverson:
"You just sort of saw crickets from the federal government on the issue."Representative Oliverson's personal experience with legally purchasing suppressors convinced him the law should be changed:
I have two firearms suppressors, and I have a trust, and I have been through that inordinately painful process of getting them. And I thought, you know, this is stupid.
I was aware that the CDC had published a study, in combination with NIOSH, recognizing that firearms suppressors are hearing protection devices that should be used whenever possible. And there were other countries where they were readily accessible, with no ill effects.
Representative Oliverson said Gun Owners of America, especially their Texas Director, Rachel Malone, was critical in getting the bill passed.
The anti-commandeering portion of the law makes it unlikely any Texas official will aid the federal government in enforcing the National Firearms Act for silencers. If they do, their agency is subject to losing any State grant funds for the next year. This is a strong incentive for State agencies to direct their officers not to enforce federal silencer law.
HB 957 goes far beyond anti-commandeering. It sets up an ambitious test case to challenge the entire edifice of overwhelming federal power derived from the current pernicious interpretation of the commerce clause. From the bill (now law):
Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation,including registration, under the authority of the United States Congress to regulate interstate commerce.
(b) A basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.
Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm suppressor manufactured and sold in this state must have the words "Made in Texas" clearly stamped on it.
Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen's intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.
The commerce clause in the Constitution grants to Congress the power to:
"regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
Clearly, there is commerce which is not to be regulated by the Congress. Powers to regulate commerce with foreign Nations, among the several States, and with the Indian Tribes would not be listed separately if Congress were given the power to regulate all commerce. Instead, the text would simply read "regulate commerce."
Over the history of the United States, and especially during the Progressive era, Progressive judges have expanded the Interstate Commerce Clause to mean all commerce and anything affecting commerce. This gives the United States federal government unlimited power over everything in the United States, making federalism a minor impediment. Huge swaths of federal power rely on this interpretation.
In the last few decades, there has been some push back against the idea that one need only say "interstate commerce" as the magic phrase to allow any and all regulation by the federal government. There are four particularly relevant cases.
The cases are: U.S. v. Lopez(1995); U.S. v. Morrison(2000), and even "Obamacare" NFIB v. Sebelieus (2012).
The fourth case gives pause.
Gonzalez v. Raich (2005) is a case where people grew Marijuana in their own home for their own use. Six justices on the Supreme Court claimed that was "economic activity" and could therefore be regulated by the Congress. Justice Thomas is the only justice still sitting who was part of the Court when U.S. v. Raich was decided.
Justice Thomas wrote a vigorous dissent against the majority opinion.
The time seems ripe to challenge the National Firearms Act (NFA) on interstate commerce, Second Amendment, 14th Amendment, Ninth and Tenth Amendment grounds. Even the taxing power may be challenged, as the record of legislative intent shows the taxing power was used specifically to overcome objections on Second Amendment, Tenth Amendment, and commerce clause grounds.
Texas law under HB 957 offers a good vehicle. It does not require an ordinary person to risk their liberty and property in a challenge to the NFA.
The test case is to be done before any silencer is made. From the law:
"intent to manufacture"
All the power and might of the State Attorney General can be used to challenge the law.
In Kansas, an attempt was made to challenge the NFA law on silencers. Two people relied on that change and were convicted of federal felonies. The Kansas Attorney General defended the law, but the federal Court ruled the arrests were lawful under the federal taxing power.
Test cases are not for the merely enthusiastic. The defendant(s) needs to be chosen with care. The case has to be set up exactly right, or it will be knocked down on arcane procedural grounds. Do not attempt to be a test case without substantial legal advice. Do not do so on your own (pro se).
HB 957 will make it difficult to be arrested for illegal possession of a silencer in Texas.
Those who try hard enough, by posting about homemade suppressors on social media, bragging about their non-tax stamp suppressor, or loudly challenging federal agents to arrest them, are likely to find federal law can still be enforced by federal agents.
Do not be a test case though one of the above listed methods. Let Attorney General Ken Paxton do his job.
What Attorney General Paxton may be looking for in a test case (He should be looking now), and arguments which may be presented, will be the subject of a future article.
The author is not an attorney. The article is for educational purposes only.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
According to investigators, the shooting happened after the owner of a 2020 Dodge Challenger who lived at the apartment complex woke up to an unusual noise.
When he went out to investigate, police say the man found several individuals trying to break into his car, with at least one man inside the car at the time.
After yelling at the group to get away, the owner told police he felt his safety was threatened and fired three shots at the group, causing them to flee.
A suspect inside the car was hit in the head by a bullet. The unidentified man is now at Grady Memorial Hospital in critical condition.
OKLAHOMA CITY -
A metro dispensary owner fought back Tuesday in an attempted armed robbery, police said.
According to Oklahoma City police, a robbery suspect was armed with knives, started making demands and smashing cases.
At last check, the man was hospitalized at OU Health in critical condition. Police and eyewitnesses said this crime is becoming all too common.
The investigation revealed the homeowner heard a loud noise at the front door, and then heard someone trying to open a living room window, Prince William County police Master Officer Renee Carr said.
At that point, the homeowner went outside and encountered a stranger on the porch. Shots were then fired by the homeowner and the man was struck, Carr said.
The Missouri legislature has passed HB 85, "Second Amendment
Preservation Act". The bill passed the Senate 22 - 10 and the House 107
- 43.
The bill is a stringent anti-commandering act which forbids Missouri officials from enforcing or aiding in the enforcement of laws inimical to Second Amendment rights. From the mo.gov:
(1) Declares that laws,rules,orders,or other actions that collect data, restrict or prohibit the manufacture, ownership,and use of firearms, firearm accessories,or ammunition exclusively within this state exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing,arming,and discipling militia forces actively employed in the service of the United States Armed Forces. Infringing actions would include any registration or tracking of firearms, firearm accessories,or ammunition or any registration or tracking of the ownership of firearms, firearm accessories,or ammunition;
The law goes much further, and allows entities who have been harmed by enforcement of the federal law to sue anyone who violated their Second Amendment rights.
I do not recall seeing this approach used before, although it is somewhat similar to what is being proposed in a recent Texas bill. Both bills are awaiting signature by the governors of the respective states. Both governors have said they will sign the bills. Governor Mike Parson has set a date: 12 June at 2 p.m. Governor Abbott of Texas has not set a date. He has until 20 June to sign the Texas bill. Several other states have passed similar bills, including Arizona.
The bills are a refreshing part of a revival of federalism. Federalism was designed to be a curb on federal power, in order to keep governance closer to the people.
With the rise of the Progressive philosophy, the administrative state found a way for all branches of government to increase their power at the expense of the people governed.
Both bills are firmly founded in the doctrine of anti-commandeering. The Supreme Court has repeatedly ruled the federal government may not command the states to use state resources for federal purposes.
Senator Burlison of Missoui is quoted as saying the Missoui bill does not prevent the federal government of enforcing its law. From missourinet.com:
“Gun bans directly, magazine bans, attacks on private gun manufacturers, red flag laws and restrictions on individual citizens from buying firearms,” Burlison testified in January. He emphasized that day that his bill does not try to prevent the federal government from enforcing federal gun laws in Missouri.
The left cheered this doctrine when "sanctuary states" refused to aid the federal government in enforcing immigration laws. Now the left claims no such doctrine applies to states who resist laws infringing on Second Amendment rights.
Missourri is one of 28 states which have laws which mirror the ban on weapons listed in the National Firearms Act. Short barreled rifles and shotguns, machine guns and silencers are all banned under Missouri law, with possession only allowed if permitted and licensed under Federal law.
In addition to the sanctuary state law, Texas has passed a law removing the state prohibition on silencers. The silencer or suppressor bill is also awaiting signature by governor Abbott.
Update: Both Governors have signed all three bills into law.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
AUSTIN (KXAN) — A man who previously said he shot and killed a protester out of self defense in downtown Austin in July 2020 has been indicted on felony charges of murder and aggravated assault with a deadly weapon and a misdemeanor charge of deadly conduct, according to a statement from his lawyer.
The lawyer says Daniel Perry posted a $300,000 bond and has been released from custody.
Perry “will vigorously fight all of these charges,” the lawyer says. Police identified the man killed in the July 25, 2020 shooting as Garrett Foster.
CHICAGO -- A man with a concealed carry license was grazed by a bullet
during an exchange of gunfire with the driver of an SUV after a traffic
accident early Thursday in South Shore.
The man, 23, was in his
car in the 7100-block of South Yates Boulevard just before 2:40 a.m.
when a silver Ford Escape struck it and fled, Chicago police said.
Image from public court record
On 28 May, 2021, the Commonwealth Court of Pennsylvania reversed a decision which held that Stroud Township had the power, through zoning ordinances, to prevent people from discharging firearms on their own property.
The Court reversed a summary judgement by the Court of Common Pleas of Monroe County dated 26 May, 2020. The plantiff, Jonathan Barris, appealed the decision on the grounds the Township Ordinance No. 9-2011 was unconstitutional under the Second Amendment.
Barris had first asked for a zoning permit on 27 December, 2012.
The Ordinance has been enacted on 6 December, 2011. Barris had operated a private range on his property prior to that date.
Pennsylvania law has a strong preemption statute which prevents laws, codes or regulations pertaining to firearms by local government units. The preemption law does not protect the discharge of firearms.
The trial court held the the Pennsylvania range protection statute did not apply because it only protected owners of ranges from civil action or criminal prosecution related to noise or noise pollution:
All owners of rifle, pistol, silhouette, skeet, trap, blackpowder or other ranges in this Commonwealth shall be exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.
Thus, while a reasonable person might believe private ranges and the private use of guns were well protected, the trial court found an exception for zoning ordinances.
Barris' case made it all the way to the appeals court in 2018. The appeals court then sent the case back to the trial court to consider the constitutional analysis.
The trial court issued a second summary judgement against Barris, leading to the current appeal.
In the decision, the appeals court cited Ezell v. City of Chicago (Ezell III) in the Federal Seventh Circuit. The Ezell cases held the ability to train with weapons was an important corollary to the core right of self-defense. From pacourts.us:
As to the first step of the analysis—whether a Second Amendment right is burdened—the Seventh Circuit, in Ezell I, determined that “the right to maintain proficiency in firearm use[ is] an important corollary to the meaningful exercise of the core right to possess firearms for self-defense.” Ezell I, 651 F.3d at 708-09. Here, the Ordinance outright prevents individuals such as Barris from target practicing on their residential property unless they live in two specific zoning districts, regardless of the characteristics of their residential property. The scope of the Ordinance, therefore, imposes a burden on the right to maintain proficiency in firearm use, which triggers Second Amendment scrutiny.
The appeals court found their could be some regulation of the right to have a range on your own property, but such regulation had to be a "good fit" for the purposes declared in the regulation.
Simply banning all ranges was not a good fit.
The case was a split decision, two to one.
The dissenting judge was Bonnie Brigance Ledbetter. She believed allowing a shooting range withing a "reasonable distance" would satisfy Second Amendment requirements.
Consider what happened here. A property owner constructed his range on his own property. He was within the law. He believed he was protected by Pennsylvania statutes. Then the township changed the law, forbidding him to use his own range.
This seems an injustice on its face, unless the township would reimburse him for the lost value. Zoning ordinances ordinarily "grandfather in" existing uses.
Meanwhile, Barris has had to fund a lawsuit and two appeals processes, and still is not able to use his range, over a period of ten years.
Some good is likely to come of this case. It seems unlikely Jonathan Barris will be made whole.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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