Report on El Paso Gun Turn in October 28, 2023

 

Gun turn-in events are labeled with the Orwellian term "buyback". They are not "buybacks". You cannot "buyback" items you never owned before.

The El Paso gun turn-in event was held on October 28, 2023. It was scheduled to start at 8:00 a.m. It started about 10 minutes early in Ascarate park. The money for the event came from the American Rescue Plan, where the Biden administration created 1.5 trillion dollars out of totally recyclable electrons. The politicians who received the money have to find a way to spend it. Gun turn-in events are a way to expend money. KVIA.com reported significant money had been handed out by 10 a.m. From kvia.com:

According to El Paso County Commissioner Carlos Leon, $60,000 worth of gift cards were made available by the county to be exchanged for firearms, and by 10 a.m., $51,000 worth had already been handed out.

That amount equated to roughly three hundred guns, including handguns, rifles, shotguns, assault style rifles, as well as antique firearms.

Of the $300,000 allocated for these events in El Paso, $120,000 will be used for advertising and administrative costs.

El Paso was not as gun friendly as Dallas. The city is a Democratic stronghold. Private buyers were asked by the police to set up across the street from the entrance to the event. El Paso needed an advocate like CJ Grisham.

There were five private buyers at the El Paso event. Police were not as friendly as at the Dallas event. They asked the participants for identification and insinuated the private buyers were doing something illegal. When the participants politely refused, the police officers told them to have a good day, and left. The private buyers were dressed in casual attire.

 

This minty HK VP9 was purchased for cash at the El Paso event. The event organizers were offering $150 for handguns.

 

An acquaintance of a participant in El Paso said he would have considered the private buyers to have been federal agents doing a sting operations, because of they way they looked and dressed.

Opportunities to obtain guns for little money picked up after the gift cards ran out. The cards ran out at about 11 a.m., an hour before the event was scheduled to end.

An officer at the event told a participant the police would not destroy "historical" guns. Historical is a flexible term. It is hoped many valuable and collectable firearms were preserved.  One private buyer obtained a Remington 24 or 241, a near copy of the Browning .22 autoloader.

Remington model 241, image from Rock Island Auction, with permission.

Another private buyer paid $100 for this Oxford Arms Co. double barrel. Oxford Arms Co. was a store brand. The hammerless shotguns made for Oxford Arms in the 1920s and 30s were solid guns, a variation of the Stevens 311. It is common for older rubber recoil pads to deteriorate after 50 or 60 years.

 Oxford Arms double barreled shotgun.

A private buyer obtained this Ruger P94 in .40 caliber at the El Paso event. The Ruger P94 pistols have an excellent reputation as solid, reliable, accurate pistols.

Ruger P94 in .40 caliber.

El Paso will be holding additional gun turn-in "buyback" events. Dates for the additional events have not been released at this time. If $60,000 is allocated to each event, two more events are budgeted.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

NC: Domestic Defense, Father Shoots, Kills Daughter, Armed Samaritan Shoots, Kills Father

BLADEN COUNTY, N.C. (WECT) - An investigation into a double fatal shooting is underway in Bladen County, according to a release from the sheriff’s office.

The victims have been identified as 57-year-old Enrique Sanchez Rodriquez Sr. and his daughter, 35-year-old Sandra Sanchez, who both lived in the Elizabethtown area.

According to a representative with the Bladen County Sheriff’s Office, units responded just after 4 a.m. to Governors Estate Drive, near Dublin.

During a family gathering, Rodriquez allegedly shot his daughter, Sanchez. Another person stepped in, and Rodriquez ended up also being shot.

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TX: Amarillo Homeowner Shoots, Kills, man who Kicked in Door

The Homicide Unit determined Gutierrez-Torres tried to break into a home by kicking in the front door.

"The homeowner, in an act of self-defense, shot Gutierrez-Torres." police said,

The homeowner was interviewed by homicide detectives before being released.

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September, 2005, Washington State Black Bear, .45 Long Colt

Cinnamon Bear shot with Taurus Tracker in .45 Long Colt, 250 gr Jacketed Hollow point bullets.

 

In 2005, Travis Newman was archery hunting in Washington state. He had drawn a archery elk tag for the Blue Mountains near Walla Walla. Late in the evening of the 20th of September, he was on a familiar elk trail. As he came around a corner, he thought: "I don't remember seeing that stump before".  The "stump" transformed itself into a big bear coming at him full bore, furiously chomping its jaws. Travis thought the bear would bluff, took a step back, and speed drew his Taurus Tracker .45 Colt from a cross body holster made by Uncle Mike. The revolver was loaded with Remington 250 grain jacketed hollow points.

 Taurus Tracker 5-shot revolver , courtesy Rock Island Auction

 

As Travis pulled the hammer back, he thought: this is real. His first shot was fired at ten feet, and went over the top of the bear. He fired the second shot at 4 1/2 feet. When he fired the third shot, the bear was right under his arm. The third shot broke the bears back, far down, disabling the hind legs.  As the bear was passing, he stepped back and fired the last two shots in the revolver's cylinder, double action, pow!, pow! and hit the bear two more times in the back end. The entire action took less than three or four seconds.

The bear went over the edge of a ravine, just to Travis' right. It is the upper end of the Wolf Fork Creek, which flows into Dayton, WA. Travis was left with an empty revolver. He dumped the empties into a coat pocket and grabbed in his other pocket, finding four spare cartridges. He loaded the four into the cylinder of the five shot revolver, with the empty chamber under the hammer.

The bear was making an incredible racket down below. Travis half expected the bear to come boiling up the slope at him, as he peered over the edge. The bear was sitting on its backside against the far hillside, about 15 yards away. It looked at Travis, grabbed one of its disabled rear legs in its front paws. The bear put the hind foot in its mouth and chomped twice. Then it throught the not working foot down, and barks Bleth! The bear started moving, rolling and twisting as Travis fired three shots. All three shots missed.

The bear took off down the ravine, sort of skiing with its hind legs dragging behind it. It tried to crawl under a downed tree, but got stuck. It could not go forward or backward. Travis had one shot left. He ran up to the bear, put one foot on the trunk of the tree, and fired his last shot between the shoulder blades, angled toward the front of the bear.

The log moved, and the bear slipped out the other side , flipping and rolling. It piled up further down the ravine. Travis holstered his pistol, drew his knife and followed. Then he thought, I don't want to get into a knife to bear conflict!  He stopped and watched the bear from about 30 yards away. The bear was badly hurt. It seemed to be fighting to stay conscious, sitting on its backside. Travis watched the bear for a long time, probably many minutes. Travis tried a low whistle. The bear raised its head, and let out a loud Wuff! Travis decided to get help and more ammunition.

When Travis and a taxidermist friend with a rifle arrived the next morning, Travis had a full belt of cartridges. If the bear had not expired during the night, he wanted to finish the job with his revolver.  It had rained and snowed all night. The bear was not where he had left it.

They started a classic tracking/search pattern. Start where you last had sign. Search around in a small circle. If no sign, make  a larger circle. They found the bear, only just visible, in the bottom of an elk wallow, buried in the mud.  There was only the top of the head, a nostril, an eye, an ear, the side of mouth and its shoulder blade were showing.  Every now and then, a small bubble would break the surface of the mud. The elk wallow was in a depression. Travis scrambled down to examine the situation. He thought the bear was dead or comatose.

His friend stayed above the depression, and yelled at him: "Hey stupid, what you are doing!", as Travis stepped on the bear's shoulder, with his Taurus revolver cocked, to cross to the other side of the wallow. Travis looked up and was talking to his friend. He saw his friend's eyes grow white. Travis was about two feet from the bear's head. He heard a "pliisht"  when the bear's head erupted from the wallow and gave one last, loud "chomp" with its teeth. Travis shot the bear just behind the head, as the finishing shot.

As Travis and his friend laboriously dragged the bear out of the mud, it kept getting bigger and bigger.  After two and a half hours, most of the mud was off and the bear was skinned. It was late. They left to get Travis' old buckskin horse to bring the remains back to civilization.

When Travis returned to the spot where he had first seen the bear, He realized what had happened. Travis was wearing a black ball hat, black sweatshirt, and black wrangler jeans. The light was fading. The bear was feeding on a mule deer doe carcass. There wasn't any wind to bring Travis' scent to the bear. The bear probably thought Travis was a competing bear, attempting to steal the deer.

A case of mistaken identity can cause a damaging mauling. Travis did not have to worry about justifying himself. Travis had the proper license to legally take a bear. Some people have hesitated to shoot threatening bears, because they worry about the legal aftermath.

On the trail, as he came out, he took a break with his old buckskin horse. There, 500 yards across the drainage, was another cinnamon bear, as big as the one he had killed.  The bear Travis had shot was a big bear for the area. It was in excellent condition. It had been a good berry year, and a good elk calf year. It was before wolves were brought back into the area. The bear squared over 6 feet.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

OH: Resident Calls Police at 4 A.M. to Report Shooting of Man who had a Knife

MANSFIELD, OH - Mansfield Police are investigating an early Saturday morning shooting death that occurred at 29 Minerva Avenue in Mansfield.

Officers responded at about 4:11 a.m. Saturday after a male subject called the police to advise he had just shot another male who was wielding a knife. 

Jervon King, 30, was located inside a bedroom and pronounced deceased at 4:26 a.m. by the Richland County Coroner's Office.

A resident on Minerva, a short street that runs between South Main Street and Hammond Avenue in the heart of Mansfield, said his son was awoken around 4:00 a.m. possibly by a gunshot.

The Richland County Coroner's Office will be sending the victim for an autopsy as this is an ongoing investigation.

 

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WI: Archery Hunter Kills Mountain Lion in Self Defense. No prosecution.

Lion shot in Wisconsin by Ben Karash, Photo Courtesy Wisconsin DNR via Outdoorlife.com 

 

On November 11, at about 3:45 in the afternoon, Ben Karash shot a mountain lion which was stalking him in Buffalo County, Wisconsin. Karash was belted into his tree stand, hunting deer.  He saw the lion coming closer, from about 40 yards out. He shouted. He waved his arms. The lion knew he was there. The lion knew he was not a deer. The lion kept moving closer.

Have you ever watched a house cat stalk a bird? Mountain lions stalk their prey in a similar fashion.

This correspondent was able to talk to Tom Bilski, the District Attorney of Buffalo County. Tom was wonderfully open and transparent about what had happened. In current years, people think the purpose of a prosecutor is to prosecute crimes. No. The purpose of a prosecutor is to see justice done. It is equally important to decide not to prosecute people as it is to prosecute them.

Buffalo County Wisconsin in red.

Tom said the local game warden, representing the Department of Natural Resources (DNR) asked him if he wished to prosecute the hunter who shot the lion. The local game warden, Bob Jumbeck, had investigated the incident after Ben Karasch called it in on the DNR hotline.

Karash had seen the big cat stalking him. It had come closer and closer, no matter what he did. He was in a vulnerable position, strapped to the tree, on his tree stand, with limited movement. As the cat neared the base of the tree, he drew his bow and fired an arrow into the upper body of the cat. The distance was later measured at 13 yards from him.

Tom Bilsky stated he was told the arrow passed completely through the body of the mountain lion, which was measured at 128 lbs.  The mountain lion ran about 120 yards after being shot, before it expired.  It was discovered the next day by the investigative team from the DNR, accompanied by Ben Karash. This lion was the first mountain lion recorded as being shot in Wisconsin in 115 years.  David Zeug wrote a good article about the incident.

Tom Bilsky, Barron County District Attorney, was asked by the DNR if he wanted to prosecute the hunter. Bilsky recalled this from his conversation with Warden Jumbeck.

This cougar was stalking the hunter. The cougar knew he was in the tree. The hunter yelled at the cougar to go away. The cougar kept on coming to the tree stand. Now logic would suggest that the cougar was coming to the tree stand to kill him. 

When the game warden told me, when Bob Jumbeck told me, what had happened, my first thoughts are we should be putting a medal on this person, not worrying about charging him. 

In my opinion this cougar would have killed somebody.

Tom asked Warden Jumbeck: Did Jumbeck want to charge the hunter who killed the lion?

Jumbek said no. In the investigation, all the physical evidence confirmed what had been said by the hunter.

Tom said he had been contacted by someone who wanted the hunter prosecuted. The person demanded information Tom did not have. Tom told them to contact the DNR for the information they sought.

Tom told the person he might have a different opinion if he saw the mountain lion stalking him. If he saw the lion kept getting closer, and closer, and the lion would not be deterred by yelling and arm waving, he might think differently.

Tom said if a person would not shoot the mountain lion under those circumstances, he was "dumber than a box of rocks."

Opinion: Tom Bilski is the sort of level-headed district attorney this correspondent wants to see in office around the country. Human access to and expertise with weapons are what keep more humans from becoming the prey of large predators.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

ME: Knife Weilding Man shot After Confrontation with Food Truck Owner

SANFORD (WGME) -- The Sanford Police Department says a male with a knife was shot Friday after a confrontation with a food truck owner.

Police say the shooting happened around 3:52 p.m. near the intersection of Main Street and Lebanon Street.

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NC: Knightdale Homeowner Shoots Suspect Attempting to Break into Home

Juan Acevedo, 35, of Knightdale, was transported to WakeMed with a non-life-threatening gunshot wound. 

Investigators said the homeowner shot Acevedo, who according to police was trying to break inside the home. According to police, the homeowner is a legal gun owner and gave "repeated verbal warnings" before firing his weapon at Acevedo.

No charges have been filed against the homeowner.

 

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Marxist Ideology and the Push Against Militia Weapons in the USA

These semi-auto hunting rifles are excellent militia weapons.

Under the ideological of cultural Marxism and the framework of Marxist "Woke" ideologies, power must be taken from a majority population. Firearms, as noted by the Marxist and Chinese mass murderer Mao, are a form of political power. Mao wrote:

Every Communist must grasp the truth: Political power grows out of the barrel of a gun.

What Mao meant was only the Communist party should be allowed to have guns. For a Marxist revolution to succeed, the people must be disarmed.  The left in the United States has long pushed for the disarmament of the population. Recently, the left has primarily pushed for the banning of those arms which are commonly available and most suitable for militia use. These are modern semi-automatic rifles with standard capacity magazines of 30 rounds.  These type of rifles are admirably suited to the defense of homes and neighborhoods, in part, because they are understood to be extremely effective, and as such, have great deterrent value.

The American founding fathers understood the political power of firearms as well. They had just won a war with the superpower of the age, England. The English king had repeatedly attempted to disarm first, the colonists, then the revolutionaries. The founders wished to make sure no future American government would be able to disarm the American people. Thus, they included the guarantee of the right to keep and bear arms in the Bill of Rights. The founders understood the right to keep and bear arms included defense against all threats, from animals, criminals, other nations and domestic tyrants.

Many infringements on the right to keep and bear arms have been tolerated by the people of the United States, as long as the infringements were applied to disfavored minorities. 

During the existence of the United States, the vast majority of people could easily purchase a rifle, shotgun, or pistol, with little difficulty in all states. Disfavored minorities, particularly black people, had a difficult time purchasing handguns in some places. Disfavored minorities were seldom prohibited from buying rifles and shotguns. Most of those infringements were in states dominated by the Democratic party.  Even in states who were most hostile to the Second Amendment, rifles and shotguns were easy to get. The greatest push was to ban handguns, because handguns were commonly used in crime. Rifles and shotguns are rarely used in crime. Many political commentators made the claim restricting handguns did not affect the Second Amendment, because there was easy access to rifles and shotguns.

As Americans perceived the growth of the political bureaucracy, and the disfavor with which the Constitution was held by the political class, resistance to disarmament grew. The push to ban handguns failed.  As a way to revive the failing fortunes of those pushing for population disarmament, Josh Sugermann advocated for a ban on "Assault Weapons" in 1988. From Reason.com:

Josh Sugarmann, founder and executive director of the Violence Policy Center, laid out this strategy of misdirection and obfuscation in a 1988 report on "Assault Weapons and Accessories in America." Sugarmann observed that "the weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons."

He added that because "few people can envision a practical use for these guns," the public should be more inclined to support a ban on "assault weapons" than a ban on handguns. While handguns are by far the most common kind of firearm used to commit crimes, they are also the most popular choice for self-defense. Proscribing "assault weapons" therefore sounds more reasonable.

Sugarmann's predictions fell flat. The market for semi-automatic rifles grew and grew. The more the left attempted to ban them, the more popular they became. Much of the popularity came from a growing resistance to the "Deep State" as the people became dissatisfied with the disconnect between what politicians did and what they said. The Second Amendment gained vocal and organized supporters. A ten-year failed federal "Assault Weapon" ban was not renewed. A super majority of states reformed their gun laws, removing more and more infringements. The Supreme Court affirmed the Second Amendment meant what it said. At present, over half of the United States do not require a permit to carry a loaded handgun, openly or concealed.

A minority of historically repressive states with hard-left governments are resisting this trend. They include California, Connecticut, Delaware, Hawaii, Illinois,, Maryland, Massachusetts, New Jersey, New York, and Rhode Island. Colorado, and Washington State are recent additions. They are working to ban the most effective militia weapons commonly available in the United States. Weapons which are seldom used in crime. Their laughable "reason" is semi-automatic rifles with standard capacity magazines are used in the rare mass murder, when, in fact, pistols are used more commonly in mass murder.  Judge Benitez, in his classic opinion on the California ban on "Assault Weapons" says it very well:

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller,  554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939).

Leftist politicians in a few states insist on banning the most effective militia weapons.  Activists openly state they do not trust the people with "military" weapons. The Shade of Chairman Mao would approve.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TN: Gunfight, Armed Samaritan Shoots at 3 Armed Robbery Suspects, Killing 1

Police say three armed people entered the business in a robbery attempt.

During the robbery, a bystander fired a gun at the three suspects.

The bullet hit one of them, and the man later died at the hospital.

Police have detained a second suspect at the scene, while the third person remains at large.

 

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IN: Homeowner Shoots, Wounds Man he says Attacked Him

According to Vanderburgh County Sheriff Noah Robinson, a homeowner shot a man he says attacked him at the end of his driveway.

The call originally came in just after 8 p.m. Monday night when a man says he shot a trespasser in front of his house.

According to a release, deputies arrived on scene and found a man shot in the leg.

 

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Judge Bruce Schroeder (Rittenhouse Trial) to Retire on November 27, 2023

Kenosha Judge Bruce Schroeder (Photo by Kevin Mathewson, Kenosha County Eye)

 

Judge Schroeder came into the national spotlight as the judge which presided over the Kyle Rittenhouse trial in Kenosha, Wisconsin. Kyle Rittenhouse had to kill two people in self defense, and wound another, during the Kenosha riots in

Kenosha Wisconsin Superior Court Judge Bruce Schroeder has decided to retire as of November 27, 2023. Judge Schroeder served for 40 years, six months, and two days as a circuit court judge. The State of Wisconsin and the United States were served well by this dedicated and respected judge.

This correspondent covered the Rittenhouse case extensively. The case had been grievously misrepresented in the old media. In particular, the old media had believed the false narrative of the politically motivated prosecution in the case. A law that did not exist was used to charge Rittenhouse with a weapons offense. Eventually, Judge Schroeder threw out the bogus charge. Charges were brought against Rittenhouse before the evidence was even examined. What made the case compelling was video of all the important events. There was no serious contention about what happened. The only controversy was about what was in Kyle Rittenhouse's mind when he was attacked. Kyle's testimony was very credible.

Judge Schroeder, quite correctly, did not follow the case in the media. This proved critical because he did not have pre-conceived notions of who did what to whom. For example, Judge Schroeder refused to allow anyone in the case to be called a "victim". To do so would prejudice the jury. Much the trial was to determine who was the real victim. The jury concluded the real victim was Kyle Rittenhouse.

It would not have happened with a judge who tilted with the political winds. The pressure on Judge Schroeder to allow the prosecutors to convict Kyle Rittenhouse in a political trial, was immense. The full force of the Left and the national media were focused on the trial, and they had a very hard time believing what the evidence showed them to be the facts.

Those who had actually researched the case and looked at the evidence were not surprised.

Judge Schroeder showed what an ethical and competent judge should do in these cases. Some in the media were horrified to see Judge Schroeder refuse to allow the prosecutors to run roughshod over the Constitution and witnesses.

The case should never have been brought for prosecution. The Jury unanimously found Kyle Rittenhouse not guilty of all charges. Some commentators said Judge Schroeder should have declared a mistrial because of the misconduct of the prosecutors. Judge Schroeder trusted the jury to do the right thing. The prosecutors attempted to create a political show trial, but Judge Schroeder would not stand for it. Judge Schroeder, from the beginning, stated he would not allow the trial to become a political trial.

In the end, Judge Schroeder did what his long experience and training in the law required. He acted as the impartial referee between adversaries, which is how our adversarial trial system is supposed to work. Judge Schroeder upheld the law as written.  The jury did the right thing. Kyle Rittenhouse is a free man, and the right to defend yourself has been reinforced.

Thank you, Judge Schroeder. You are a great example of an ethical judge, who should be emulated all over the United States of America.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

CA: Disarm Attempt Fails, Intruder on Roof, Shot, Killed

He got up, told his wife to call 911, armed himself with a revolver and went up the roof where he found a man, the lieutenant said. He detained the man at gunpoint and asked what he was doing there.

The man told the resident, “I’m armed and I’m here for the money,” according to Reynaga.

The two struggled over the revolver. One round was fired, hitting the man in the chest who then let go of the gun, Reynaga said.

Both men stood up. Fearing there would be another struggle over the gun, he said the resident fired a warning shot in the air.

 

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SC: Woman Shoots, Kills Man who Followed her and Attacked her

On Sunday, deputies responded to a shooting at the 200 block of Wynn Way where they found a man with a gunshot wound to the torso. According to investigators, the man died at the scene.

Following the shooting a woman was detained.

The man was identified by Richland County Coroner Naida Rutherford as Antwan Ashley, 41, of Columbia.

On Monday, deputies said the woman shot Ashley in self-defense after he followed her to her residence and aggressively approached her. Deputies said Ashley then began swinging at her in an attempt to strike her.

 

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US Court of Appeals for the Fourth Circuit Strikes Down Infringement of Second Amendment Rights

Maryland state flag 

On November 21, 2023, a three judge panel of the United States Court of Appeals for the Fourth Circuit found the State of Maryland had violated the Constitution with their recent handgun purchase law. The law requires considerable delay and process before a person can legally purchase a handgun. The opinion specifically states the recent add on law enacted in 2016, infringes on the Second Amendment by hindering the right to acquire a handgun. From the opinion:

But—for handguns specifically—before you do any of that, there is an additional, preliminary step: You must also obtain a “handgun qualification license.” See § 5-117.1. Getting that license requires, among other things, submitting fingerprints to undergo a background “investigation” and taking a four-hour-long “firearms safety training course” in which you must fire at least one live round. Then, after submitting your application for this extra license, you must wait up to thirty days for approval before you can start the rest of the process.

Plaintiffs seek to enjoin the state from enforcing only this additional, preliminary handgun-licensure requirement. And Plaintiffs’ challenge must succeed. The challenged law restricts the ability of law-abiding adult citizens to possess handguns, and the state has not presented a historical analogue that justifies its restriction; indeed, it has seemingly admitted that it couldn’t find one. Under the Supreme Court’s new burden-shifting test for these claims, Maryland’s law thus fails, and we must enjoin its enforcement. So we reverse the district court’s contrary decision.

The three judge panel was split. Two judges voted for the majority opinion. One judge wrote a dissent against it. The dissenting judge, Barbara Milano Keenan, is a senior judge, which means she is a semi-retired judge who helps out.  She was born in Austria, but schooled in the United States. She was appointed by President Barack Obama. One of the arguments put forward by Judge Keenan, in the dissent, is to claim "infringe" means to totally destroy. It is an exceedingly weak argument. Judge Richardson, in the opinion, comments on the argument in footnote 8, on page 11 of the opinion. He stresses the dictionary meaning from the contemporary Samuel Johnson Dictionary. From footnote 8, page 11, commenting on the dissent.

Compare Samuel Johnson, 1 Dictionary of the English Language 1101 (4th ed. 1773) (“Johnson”) (defining “infringe” as “[t]o destroy; to hinder” (emphasis added)), and Noah Webster, American Dictionary of the English Language (1828) (“Webster”) (defining “infringe” as “[t]o destroy or hinder” (emphasis added)), with Johnson at 1007 (defining “to hinder” as “to cause impediment”), and Webster(defining “hinder” as “to obstruct for a time” and “[t]o interpose obstacles or impediments”). So too do other sources that the Supreme Court has used to interpret the right. See1 St. George Tucker, Blackstone’s Commentaries 143 n.40 (1803) (“The right of the people to keep and bear arms shall not be infringed . . . and this without any qualification as to their condition or degree. . . .” (emphasis added)); Nunn v. State, 1 Ga. 243, 251 (1846) (“The right of the whole people . . . to keep and bear arms. . . shall not be infringed, curtailed, or broken in upon, in the smallest degree.” (third emphasis added));

You can see Judge Keenan uses the same definition from the Johnson dictionary, but puts forward exactly the opposite meaning.  Hinder is far from destroy, yet Judge Keenan would have us believe they are the same thing. From the dissent by Judge Barbara Milano Keenan in footnote 9, page 36:

 9 Notably, some definitions from the Founding era of the term “infringe” support the construction that the Supreme Court appeared to endorse in its discussion of shall-issue regimes, namely, that a particular provision will “infringe” an individual’s rights under the plain text of the Second Amendment only if the statutory condition is so burdensome that it ultimately prevents law-abiding, responsible individuals from possessing or bearing a handgun. Samuel Johnson, 1 Dictionary of the English Language 1101 (4th ed. 1773) (hereinafter Johnson) (defining “infringe” as “[t]o violate; to break laws or contracts” or “[t]o destroy; to hinder”);

Judge Keenan would have us believe the word "infringed" in the Second Amendment is a synonym for "destroyed". This is a word game Progressives love to play. Change the clear meaning of words to achieve political objectives.

The next step in the  Maryland Shall Issue v. Moore case will be up to the State of Maryland. They, as defendants, could ask a for the case to be considered by the Fourth Circuit, en banc (by the whole Court). Such a request may or may not be granted.

It is likely this case will be appealed to the Supreme Court.  Whether the Supreme Court will decide to hear the case is uncertain.

Analysis: Many Second Amendment supporters focus on the phrase "shall not be infringed". Judge Barbara Milano Keenan argues the phase simply means "shall not be destroyed". When you change the meaning of words to win an argument, you are not arguing in good faith.  Progressives have never argued in good faith about the Constitution and the rule of law. They believe both are impediments to unfettered power, wielded by the government. As such, gun control is in the DNA of the Progressive movement.

Progressive judges work exactly the opposite of what the founders believed the role of the Judiciary should be. Instead of a check on governmental power, Progressive judges work to increase governmental power.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TX: Homeowner Shoots, Wounds Suspect attempting to Break In

FRISCO, Texas — An 18-year-old burglary suspect was shot and wounded by a homeowner during a break-in attempt, according to the Frisco Police Department. The suspect, identified as Clinton Montgomery of North Richland Hills, was later arrested and remains in custody.

On Sunday, November 26, 2023, at approximately 8:06 p.m., Frisco police officers responded to a suspicious activity call in the 10400-block of Belfort Drive. The resident reported an unknown individual breaking into their backyard, detaching a ladder from the house, and using it to shatter a window. As officers neared the scene, they reported hearing gunshots.

 

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VA: Armed Victim Shoots Carjack Suspect

Police said Kenneth Maddox Jr., 22, of York County, approached a 29-year-old man who was sitting in his vehicle in the 200 block of Marcella Road, not far from Cooper Elementary School, just after 5 a.m.

Maddox then showed a gun and ordered the man out of his car, according to police.

But the two men began fighting, with the victim pulling out his own handgun and shooting Maddox during the altercation. Maddox still managed to drive off with the car, with the vehicle later found abandoned on North Armistead Avenue.

 

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Polls Reflect Majority Acceptance of Second Amendment and Gun Ownership

Armed woman in desert near Yuma

Recent polls have shown a significant increase in the percentage of gun owners, amount of gun ownership, and acceptance of the utility of firearms for self defense. Some of the increase comes from record and sustained high levels of firearms sales. Some of the higher numbers are from gun owners who are "coming out of the closet".  They are examples of a changed attitude and increased acceptance of admitting of firearms ownership in public. 

In the United States, gun ownership is the most widespread of any country on the earth. Guns owned in the United States are seldom registered. The few states with laws requiring registration have large populations of resistors who refuse to comply with new registration requirements. Registration requirements are a recent phenomena. For these reasons, the number of guns in the United States and the number of gun owners are impossible to know with precision. A reasonable estimate of the total number of privately owned guns is about a half a billion,  1 and 1/2 guns for every person in the United States, nearly two guns for every adult in the United States.

There are plenty of guns in the United States for every adult to have at least one. The question of how many adults own guns, and how many adults have easy access to guns, is not the same. A gun in a household is likely to be accessible to all adults in the household. Because of the nature of surveys, a common question is: Do any of the members of your household own a gun?

A recent NBC poll shows a dramatic increase in gun ownership in the last decade. The poll was of American voters. The numbers are of direct political significance. According to NBC, the number of voters who would admit someone owned a gun in their household increased a whopping 24% in the last decade, from 42% to 52% of the adult population (10% of the adult population is 24% of the original 42%). Much of this increase may result because more people are willing to admit they own a firearm. The poll in 2013 was taken in February, when the propaganda push against gun ownership was at a fever pitch, less than two months after the Sandy Hook mass murder. In contrast, the 2023 poll was taken a month after the Hamas raid/massacre into Israel, where 1400 mostly unarmed Israelis were killed.

In the debate about public disarmament, one of the major issues is whether widespread ownership of firearms increases or decreases public safety.  As with many issues, where a person stands on the issue is intertwined with their personal interests and actions. People who own guns are much more likely to favor the general ownership of guns than people who do not. People who own guns are much more likely to believe the general ownership of guns improves public safety.  The more people know about guns, the more likely they are to own them and approve of their ownership.

A poll done in late November of 2023 shows 63% of voters consider a firearm necessary for self defense.  The question asked was:

 Do you think you need to have a gun today in case you are attacked by criminals, or do you think owning a gun is unnecessary? 

Public acceptance of the utility of gun ownership is boosted, in part, because of increasing respect shown for the Second Amendment by the Supreme Court and inferior courts.  Opinions which many people were hesitant  to voice publicly have been validated by the Heller, McDonald, Caetano, and Bruen decisions. Inferior courts around the country are starting to enforce those decision, albeit reluctantly in deep blue states.  A recent Marquette University poll shows 2/3 of the respondents are in favor of the Bruen decision, the most explicit and far reaching of the Courts decisions on the scope and reach of the Second Amendment thus far. The number compares favorably with the 63% who believe owning a gun is necessary for defense against criminals. The question about the Bruen decision was: 

Question: In 2022, the Supreme Court ruled that, subject to some restrictions, the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. How much do you favor or oppose this decision?

A Study done in 2023, exploring the numbers of people who may not be willing to publicly admit they own guns indicated the number of gun owners could be as high as 64% of adults. This number correlates well with those who think a gun is necessary for defense against criminals, and those who favor the Supreme Court Bruen decision. 

If about 2/3 of adults in the United States own guns, politicians who openly oppose gun ownership are unlikely to find it a winning proposition.  Most politicians who oppose gun ownership will claim they would never inconvenience "legitimate" gun owners. Politicians tend to be very good liars.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

MI: Store Clerk Shoots, Kills Robbery Suspect

After reviewing the case, Wayne County Prosecutor Kym Worthy said a warrant was denied as the evidence in the case showed that the 28-year-old store clerk believed his life was in imminent danger and lawfully defended himself when he shot the teen.

The Detroit Police Department said officers responded to a Citgo gas station located at 9126 Dearborn Street on the city's southwest side just after 1 a.m. on Saturday Nov. 25 after receiving reports of shots fired.

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AZ: Domestic Defense, 1 man Killed

Officers at the scene gathered witnesses and detained a possible suspect, who was identified as a 23-year-old male. Detectives from TPD’s Homicide Unit responded to the scene and took over the investigation. Detectives learned that the male victim had been in a verbal altercation with a female, who he had previously been in a relationship with. The male victim showed up to her residence and shortly after, several other people, including the 23-year-old arrived as well. The male proceeded to engage them all in a verbal altercation, to include making threats to them and implying he had a firearm. Statements and evidence at the scene indicated that the male instigated the confrontation. All parties left the area in vehicles and the male victim followed after them. While they were mobile, the male continued to make threats and swerved his vehicle towards them through the streets of Midtown Tucson. The involved parties were able to get away from the male near the 2500 block of E. 21st Street. The male soon arrived in his truck and another altercation ensued. The male, identified as 30-year-old Rudy Ochoa, approached the 23-year-old and his female acquaintance as they sat in their vehicle. Mr. Ochoa continued the confrontation and was subsequently shot. 

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