Massad Ayoob presents the Florida “Stand Your Ground” Law

Ayoob, the author of more than a dozen books on firearms, self-defense, and related topics, presented to a group of around 40 people at the library. He explained why giving seminars like these were important.

“I teach the gun as an analog to the fire extinguisher,” Ayoob said. “You wouldn’t want to have an extinguisher and not know how to use it. In this case, you need to know not only how, but when.”

The first topic Ayoob discussed was the difference between the “Stand your Ground” law and Castle Doctrine.

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Followup: Stand Your Ground Defense in Doyle/Gonzalez Shooting from July of 2015

The shooting scene: Driveway with car and truck is Doyle's. Truck and trailer are Gonzalez'.

On July 23 of 2015, in Citrus County Florida, Robert Doyle and Candelario Gonzalez had a very bad day.  Both made intemperate statements.  Gonzalez had his wife and two child relatives in the car with him.  He followed Doyle and Doyle's wife to their home.  Gonzalez' wife reported to 911 that "My husband wants to go whoop his (expletive),".  Gonzalez can be heard in the background:

“He just flipped me off, I’m going to kick him right in his (expletive). … I’m going to follow him right to his house,” Gonzalez can be heard saying on the call as his wife talks to a 911 dispatcher.

Doyle's statements were more defensive:

“My gun’s already out, it’s cocked and locked. I’m going home, the gun’s coming out and I’m going to put it to his (expletive) head. … It’s going down right now,” Doyle told a dispatcher.

Gonzalez got out of his vehicle and approached Doyle, who shot him.  Gonzalez died at the scene.

The story was reported and commented on at Gun Watch.  It was used as an example of how all you say to 911 is recorded, and that you have to be careful with your language.  It illustrated that returning to your home with someone following you is a bad idea. 

Doyle was charged with second-degree murder, three counts of aggravated assault with a firearm, and shooting at a building.

Of the five shots that Doyle fired in rapid succession, four hit Gonzalez, and one hit a building across the street.

A little over a year after the shooting, all charges against Doyle have been dropped after a stand-your-ground hearing by Citrus County Judge Richard Howard.  From chronicleonline.com:

Howard found Robert Eric Doyle, 52, was acting in self-defense July 23, 2015, when he shot and killed Candelario Reyneldo Gonzalez in the middle of a Beverly Hills street before ordering Gonzales’ wife and two child relatives out of the victim’s car at gunpoint.

Howard’s ruling came after a stand-your-ground hearing to drop all counts against Doyle, who was charged with second-degree murder with a firearm, three counts of aggravated assault with a firearm and shooting at a dwelling.

The law states that “a person who is not engaged in an unlawful activity ... has no duty to retreat and has the right to stand his ground and meet force with force ... if he reasonably believes it is necessary to prevent death or great bodily harm to himself or others.”

Howard’s found that 44-year-old Gonzalez, who was unarmed, had no reason to keep following Doyle and his wife during the altercation, which occurred on the roads between Citrus Hills and Doyle’s home off South Desoto Street.

We do not know how much a year of lawyer's fees cost Doyle to get to this point.  I am certain that both the Doyle and Gonzalez families wish the event had never taken place. It is a real example of how the stand-your-ground law works in Florida, unlike the Zimmerman/Martin case, where stand-your-ground was never invoked.

The charges against Doyle were dropped after a year; the initial cautions remain valid.  Everything you say to 911 will be recorded, and will be used against you if the words can be construed to do so.

If someone is aggressively following you, do not lead them to your home.  A fire station is a better choice.  Unlike police stations, they are usually open all hours. The people there are used to dealing with emergencies.  Firemen have some of the highest percentages of carry permits of any profession.

Do not aggressively follow those who you believe did not respect you in traffic.  Those who carry have been taught to be careful and restrained in their interactions with others, so as to avoid situations such as this.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

NM: 70-Year-Old Man Shoots, Kills, Intruder who Attacked

TIJERAS, N.M. (KRQE) – Officials say an elderly Tijeras man attacked by an intruder fought back, shooting that intruder dead.

Friday night neighbors were calling that man a hero.

“He did great,” said Neighbor Jacob Johnson.

“He’s an elderly guy so, that’s a pretty big thing to survive,” said Neighbor Szonja Johnson.

The Bernalillo County Sheriff’s Department says it was about 5:30 Thursday afternoon when they were called to Campo Road. Deputies say that’s where Sebastian Thomas, 48, broke into a home and attacked a 70-year-old man.
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Followup OR: 911 tapes released in McCrary Shooting

Immediately after returning to their Southeast Portland home at about 1:30 a.m. on June 26, Tara-Alexis Ford's 10-year-old daughter told her she couldn't open her bedroom door.

The girl later recounted to police that she'd heard a man growling and screaming behind the door. Ford told investigators she sent her daughter and 5-year-old son into her own bedroom, retrieved a semiautomatic handgun from her nightstand, forced her daughter's door open and discovered a stranger lying on the floor.

When the man started to get up, Ford fired -- striking him once in the back of the head, killing him instantly.

That's all according to 69 pages of police reports and a recording of Ford's 911 call that officials released to The Oregonian/OregonLive this week.
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WI: Madison Banning Guns on City Transit Heard at Supreme Court

In 1999, Wisconsin passed a statue which prohibited political subdivisions of the state from regulating firearms.  The statute was expanded in 2011 with the passage of the shall issue permit law, and again in 2015 when knives were included as items protected by the law.

The City of Madison political structure has been ideologically opposed to the right to keep and bear arms for decades.  It has paid out in lost lawsuits when it attempted to criminalize open carry by claiming that open carriers were "obstructing justice" and charging them with "disorderly conduct".

After Wisconsin passed the shall issue reform law, the City of Madison's Transit and Parking Commission created a rule banning weapons on the City buses.

They were sued by Wisconsin Carry, a Second Amendment activist group.  The City's argument is that the City did not pass an ordinance or a regulation, or even a resolution.  Rather, the City merely created the Transit Commission, which then created a rule.  They contend that the City is not responsible for what the Transit Commission does.

The District Court and the Appeals Court have ruled against Wisconsin Carry. Wisconsin Carry appealed to the Wisconsin Supreme Court, which heard oral arguments on Friday, 9 September, 2016. From courthousenews.com:

Wisconsin Carry's attorney, John Monroe, argued Friday that a state law preventing a city from regulating firearms should restrict the city from granting that authority to a commission, such as the transit commission in Madison.
While a city can grant power to a subdivision, he argued that "such power is limited to the power that the city has in the first place," and the state has not given the city power to pass weapons bans on buses.
Ryan J. Walsh from the Office of the Solicitor General argued on behalf of the state, which filed a friend-of-the-court brief supporting the gun rights group's position.
Walsh pointed out that the statute at issue was not intended to keep guns off municipal property.
"The legislature has not given cities a free pass to ban firearms on their property," he said.
But Madison assistant city attorney John Walter Strange Jr. claimed the challenged statute only restricts municipalities from enacting laws that are more strict than the state law.
The gun rights group's argument fails before it reaches that point, Strange added: the state forbids a city from passing regulations. In this case, the city's regulation stops at creating the transit commission. It is the commission that enacted the weapons ban.

 It appears that the city's argument fails a definitional test. Abraham Lincoln said in a famous quote:

How many legs does a dog have if you call his tail a leg? Four. Saying that a tail is a leg doesn't make it a leg.

In this case, the Transit Commission is an entity created by the City of Madison.  If their argument is correct, and the city wishes to infringe on the right to keep and bear arms, (which they have abundantly demonstrated) they need only create a "weapons commission" that then passes "rules" about where weapons can be carried and how.  As the "rules" were not passed by the City, they would not be affected by the State preemption law.

Wisconsin had a clear choice in April, 2016, when voters elected Rebecca Bradley to the Supreme Court. The turnout was the highest ever for a Supreme Court race. Bradley had been appointed to the court seven months earlier by Governor Scott Walker. Bradley is a clear originalist and conservative; her opponent was unabashedly "progressive" and activist.

The Court moved further away from judicial activism when the former Chief Justice, Shirley Abrahamson, lost a lawsuit attempting to regain her position as Chief Justice.  Court members had voted for a justice to replace her, after a Constitutional amendment was passed to change the method of selection.  Chief Justice Abrahamson had been a powerful "progressive" voice on the court.

The Wisconsin Supreme Court now has a solid originalist majority.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

How many legs does a dog have if you call his tail a leg? Four. Saying that a tail is a leg doesn't make it a leg.
Read more at: http://www.brainyquote.com/quotes/quotes/a/abrahamlin107482.html

IL: Suspect Pulls Gun; Armed Victim Shoots Him

GRANITE CITY, Ill. (KMOV.com) -

A man pulled a gun and shot a suspect who tried to rob him in Granite City early Friday morning.

A suspect approached two men around 1:30 a.m. and pointed a gun at them, authorities say. One of the victims then pulled a gun and shot the suspect. The suspect was taken to a hospital.
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More .22 at Yuma Walmart Stores

I was slightly surprised to see some more .22 LR in a Yuma WalMart on Wednesday, September 7th.  This was Winchester SuperX, at $8.37 a hundred, in a nice plastic box/dispenser.  8.37 cents a round is pretty high by historical standards, but is not too bad compared to the last three years of .22 LR bubble.  There were 37 boxes on the shelves.  The clerk told me they had come in that morning.

I had thought that when supply of .22 LR met demand, the .22 bubble would burst, and prices would fall quickly.  That has not happened.  Instead, the bubble is deflating slowly.  Perhaps Hillary's bluster about imposing ever stricter laws on the ownership and sale of firearms, and the California legislature's push to require background checks on ammunition sales, are pumping new demand into the system.

At another Yuma WalMart, I saw some of the new CCI .22 copper .22LR for sale.  They feature a 21 grain copper and polymer bullet at 1850 fps.  I have not seen any accuracy tests yet.  They were priced at $7.47 for 50.  That is pricey for plinking ammo, but not insane if you need it to hunt in California.

Looking at the prices of .22 LR on the Internet, there has been a definite decline.  I see prices of 6 cents a round now, down from 9 cents a round a few months ago.  That does not include shipping, which is required to compare the price to local supply.

We will see a considerable change in the prices, up or down, after the election.  If Trump wins, I expect prices of .22 LR to continue to drop, faster than they have.  If Hillary wins, the bubble will reinflate.  It is impossible to know how high it might go.


©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

Charges Dropped Against Open Carry Activist in Texas

On 27 February, 2016, Brett Sanders was arrested while openly carrying a firearm in Texas.  He had refused to show the officers of the Southlake, Texas, Police Department, any identification or a Texas carry permit.  Brett Sanders is an open carry and liberty activist.

Link to video on Youtube

The legal ability of Texas police officers to demand to see a carry permit of people openly carrying firearms, was hotly debated during the passage of the law that restored the right to openly carry modern pistols in Texas.

A clause stating that officers could not demand a permit without probable cause was removed during the debate. Some legislators claimed the clause was redundant; that it was already settled law that the police could not demand a permit without probable cause.  Others claimed that police could demand to see a permit for anyone openly carrying.  The issue was not resolved in the legislation. 

Brett Sanders appears to be one of the first arrested for refusing to show a permit while openly carrying a modern handgun under the new law. There may be others that I have not heard of.

Sanders used Cell411 to record the incident. Cell411 is an app that livestreams video from the cell phone to a group of people that you designate. From Cell411:

Cell 411 allows you to create custom cells or groups of your friends, neighbors or family members and alert them whenever you need help; they will receive your exact location with turn-by-turn directions to come and assist you. Whether you have a flat tire, you find yourself in danger or need medical assistance, you can leverage the power of large groups of trusted people to call for help and receive it. We even support public groups that allow entire cities, companies or neighborhoods to join and collaborate on solving emergencies in real time.

The response from the group of activists to Sanders case was so quick and effective, that it delayed an attorney from getting out on bail for a few minutes.  From brettsanders.me: 

Thanks to Cell411, I was able to livestream my location and video of the entire arrest which mobilized a massive outpouring of support and angry calls to the jail where I was being caged. So many calls were pouring in that it actually delayed my lawyers efforts to bail me out –well worth it in my opinion. Nonetheless, a friend of liberty and lawyer Alex Kim was able to coordinate my bond without any communication from me. I only spent two hours in a cage as a result.

Texas Law Shield took Brett Sanders case. He is one of their members. Sanders says that he does not have a Texas carry permit, but a few days ago, all charges against him were dismissed.  Sanders was willing to make this a test case of whether police could demand to see a carry permit, without probable cause to do so.  The prosecutor likely did not want this to be the test case.

I suspect this will be the trend in future cases.  If there are no circumstances that would combine with the open carry of a firearm to create probable cause, the police there is not probable cause.

Wisconsin Attorney General J. B. Van Hollen ruled that open carry was not disorderly conduct, and that police could not stop people who were openly carrying without some other factor being present. That ruling was in 2009, before the shall issue Wisconsin law was passed.  From jsonline.com:

His advisory was most clear on that point. "The Department (of Justice) believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge," the Republican attorney general wrote in the memo.

Other states have followed Wisconsin's lead, clearly stating that the mere open carry of a firearm is not disorderly conduct.

There are differences.  Open carry was always legal in Wisconsin, even if the police in metropolitan areas had effectively banned it by charging open carriers with disorderly conduct.

In Texas, the open carry of a modern pistol was made illegal during Reconstruction in 1869.

I suspect the Wisconsin interpretation will eventually triumph in Texas.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

TN: Off Duty Officer Wounds Man Attempting Entry Through Bathroom Window

The officer grabbed her gun and fired a shot at the man, who was already halfway through the window.

The burglar, identified as Jeremy Scott, ran away from the home. Moments later officers found him lying in a driveway two blocks from the off duty officer's home.

Officers said the man was screaming "God is coming back and I was trying to let people know."
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IL: Store Employee Fatally Shoots Armed Robber

"The store employee who did engage at least one of the robbery suspects in gunfire is cooperating with our investigation," said Carpentersville Police Chief Michael Kilbourne.

One of the suspects was struck several times, police said. The fire department transported him to the hospital, where he later died. Authorities have not released the suspect's identity. An autopsy will be performed by the Kane County Coroner's Office.

The other suspect got away in a vehicle driven by a third suspect, police said.


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CA: Security guard shoots Man who pulled Knife

Dunn said he did not immediately know what the man had attempted to steal but once he was approached by the store’s armed security guard, the suspect pulled a knife on the guard and the incident became an armed robbery.

The security guard pulled out his gun and the suspect refused to back down, according to Dunn, prompting the guard to fire a couple of shots at the suspect, striking him in a leg.
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NRA Endorsed Democrat for Governor in Missouri

The NRA has been a bi-partisan group, at least since the formation of the NRA-ILA in 1972. The NRA-ILA is the lobbying arm of the NRA.

In the last few elections, few Democrats have been endorsed, because few Democrats supported the Second Amendment in any meaningful way.   

As they say, the NRA did not leave the Democrat Party.  The Democrat Party left the NRA. There are exceptions.  A controversial pick was Harry Reid, Senator (D) from Nevada, who got an A rating from the NRA.  Many have wanted the NRA-ILA to broaden their criteria to issues other than the right to keep and bear arms.

There are problems with that approach as well.  How can you judge someone's future actions?  The best approach is to rely on past actions; but it is not a 100% predictor.

Democrat politicians who have actively supported Second Amendment rights are still being endorsed by the NRA.

The best of all worlds for the Second Amendment Supporter is to have all parties competing for the NRA endorsement.

That is what is happening in Missouri.  Both the Republican and Democrat candidates for governor are strong supporters of the Second Amendment.

In this case, it is the Democrat who received the NRA endorsement.  From governing.com: 

The NRA Political Victory Fund said Koster's commitment to the Second Amendment earned him an "A" rating.  

"For over 17 years, he has fought to preserve the constitutional rights of law-abiding Missourians," said Chris W. Cox, chairman, NRA-PVF. "The NRA is proud to endorse Chris Koster and we urge Missouri's gun owners and sportsmen to get out this November and vote to elect a governor with a proven record of fighting to preserve the Second Amendment."

The reasoning of  the NRA-ILA is clear.  They base ratings on actual performance that can be measured, not on campaign promises or the answer to questionnaires.

It is a defensible strategy.  No strategy is perfect, but a clear one is necessary if you want candidates to pursue your goals. From wikipedia.com:

The NRA endorsed a presidential candidate for the first time in 1980 backing Ronald Reagan over Jimmy Carter.^[60][61] The NRA's policy is to endorse pro-gun incumbents because of their established record.^[57] For example, in the 2006 Senate Elections the NRA endorsed Rick Santorum over Bob Casey, Jr.,^[62] even though they both had an "A" rating.

Eric Greitens is the Republican candidate, emerging from a field of four in the primary.  He is committed to restoration and defense of Second Amendment rights.  The NRA gave him an AQ rating.  That is an "A" rating, the same as Koster, except it is based on a questionnaire instead of votes and actions.

One of these two candidates will be elected governor of Missouri, barring an unforeseen event.

It appears that either one will work hard to restore and preserve Second Amendment rights.  Both candidates have said that they would have signed SB 656, which Governor Nixon vetoed.

Both Candidates are good choices for Second Amendment Supporters.  In this case, either vote is a win, and Second Amendment Supporters can look to the next priority to make their decision.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

Third Circuit Rules that Non-Serious Convicitons do not Erase 2A Rights

BELLEVUE, Wash., Sept. 7, 2016 /PRNewswire-USNewswire/ -- The U.S. Third Circuit Court of Appeals has ruled that individuals convicted of certain non-serious misdemeanor crimes do not lose their fundamental rights under the Second Amendment in a decision involving two separate cases brought by the Second Amendment Foundation.

The unanimous ruling came from an en banc panel in the combined cases of Binderup v. the U.S. Attorney General and Suarez v. the U.S. Attorney General.

In 1990, Julio Suarez was stopped on suspicion of driving while intoxicated. At the time he was carrying a handgun and spare ammunition without a permit. He pleaded guilty in Maryland state court to the charge and received a 180-day suspended sentence and $500 fine. Daniel Binderup pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee and received three years' probation and a $300 fine. Neither man was ever incarcerated.

However, in both cases, the crimes could have resulted in jail time for which the federal gun law blocks firearms possession. Binderup and Suarez petitioned the Pennsylvania court in 2009 to remove the state prohibition against firearms possession, but federal law "continues to bar them from possessing firearms because their convictions have not been expunged or set aside, they have not been pardoned, and their civil rights have not been restored," the court noted.

"Where the Second Amendment's guarantees apply, as they do for Binderup and Suarez, 'certain policy choices' are 'necessarily' taken 'off the table.' Forever prohibiting them from possessing any firearm is one of those policy choices," the appeals court said in today's ruling.

"Today's victory confirms that the government can't simply disarm anyone it wishes," stated SAF attorney Alan Gura. "At an absolute minimum, people convicted of non-serious crimes, who pose no threat to anyone, retain their fundamental rights. That this is even controversial is a matter of some concern."

SAF founder and Executive Vice President Alan Gottlieb cheered the ruling, adding that, "In an era where government officials want to disqualify as many people as possible from gun ownership, this ruling is monumental. This case will lead to the restoration of people's civil and constitutional right to own a firearm that is long overdue."

Gottlieb noted that today's victory once again reinforces SAF's long-stated mission of "Winning firearms freedom, one case at a time."

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.



SOURCE Second Amendment Foundation

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GA: Relative Responding to Drive by Shooting is Shot by Mistake

“And he was coming up so fast and he came to a screeching halt in front of the driveway,” the homeowner said.

She says her husband and children thought he was one of the drive-by shooters.

“And my husband fired three more shots, probably thinking he was another car,” the homeowner said.

The nephew crashed and he was hit in the spine and is paralyzed.

“I believe he was coming hoping he could get the license plate,” the homeowner said. The family members say they were defending themselves and trying to get evidence to turn over to police after their home or cars were hit by gunfire five other times in the last year.

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Open Carry at the Gas Station with Colorado Visitor

I often open carry, especially in the summer when the temperatures make concealed carry a bit more cumbersome.  I was open carrying at this Yuma, Arizona gas station when a man approached me.

He asked if Arizona were an open carry state.  I said that it was, and went on to explain that most states were.  He said he was from Colorado, where open carry was forbidden in some cities. 

Yes, I said, the Colorado Supreme Court had made a weird decision that Denver could ignore state law.  He said the city of Aurora also prohibited open carry in Colorado.

I told him that not only was Arizona an open carry state, but that we had Constitutional carry, and he did not need a permit to carry concealed, if he was over 21.

As he appeared to be about 45, he had a good chuckle over that.  I explained that 10 states now had Constitutional carry, and that it was very likely that Missouri would be added in the near future.

I explained that I wrote professionally on firearms and firearms legislation, and gave him a copy of my card.  He said he would visit the site.

This is an often underrated advantage of open carry.  It is a way to meet interesting people, mostly friendly, and potential allies.

The gentleman mentioned that he had seen several people openly carrying in Arizona, and had wondered about it. 

Now he knows more, and knows where to get more information.

About 95% of the contacts that I make while openly carrying are friendly and curious, as this gentleman was.

Second Amendment supporters vastly outnumber gun haters.  But the gun haters have the backing of the elites, most of the media, and significant money.  To overcome them, Second Amendment supporters have to build organization from the ground up. 

Almost all state Second Amendment organizations are grass roots.  A good case can be made that the NRA, which is elitist in its organization, is not controlled by the grass roots.  But its power comes from its grass roots support and its nearly 5 million members.  Its funding is almost entirely from the membership.

When it strays off message, the membership revolts, and it starts losing members and revenue.  The NRA leadership has learned to please its members. It is big enough that competing organizations such as the Gun Owners of America, have informational resources inside of it. The NRA cannot work with hidden agendas any more.  Society has become too transparent.

There is a vast sea of Second Amendment supporters that are not actively involved in the fight to restore and preserve Second Amendment rights. There are probably tens of millions of them.

If they can be mobilized and educated (they are moving in that direction) they become an unstoppable political force.

Hillary Clinton needs to keep pushing for more federal restrictions on gun ownership.  It will help cement the support of her gun hater base, and inform the rest of the country about her attitudes toward the Second Amendment.

A Constitutional republic depends on informed voters.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

TN: BB Gun Beats Knife in Robbery Attempt

According to police, officers responded to a robbery at the Citgo on South Perkins Road just after 3 a.m. The clerk told officers that a man came into the store, pulled out a knife, and demanded money.

The clerk was stocking shelves at the time. According to the police report, he then went to the office, grabbed a BB gun, and fired a shot at the suspect, hitting him in the leg.

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GA: Gunfight, Homeowner and Intruder, Intruder Wounded

Police say the homeowner and the burglar exchanged gunfire and the burglar was hit before running off.

The homeowner was not injured in the exchange.
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Dove Hunt Opening Day in Yuma, AZ

Dove season in Arizona always starts on 1 September. Dove hunters are welcomed.  This year in 2016, the limit was 15 Mourning doves and White Wing doves combined.  For years the limit was 10.  There is no limit on Rock Doves (pigeons) and Collared doves, which are both invasive species.

I had invited a young hunting partner and another friend out to hunt with me, but for various reasons, they could not make opening day.

The day started out slow.  A few doves were flying from roosts in the citrus groves to nearby fields.  I started hunting about 06:25.  I had four doves by 08:00.  The Browning Double Auto in the picture is one of my favorite hunting shotguns. 

At 08:00, the flight pattern reversed.  There was considerable cloud cover, and a good breeze was coming from the Southeast.  The doves flew at lower levels to fight the wind.  By 09:00, I had limited out and had a bonus of two Rock doves and four Collared doves.

Dove shooting in Yuma is often warm.  The temperatures started at 86, and went up from there.  The clouds and breeze kept the day comfortable on opening morning.  A local restaurant, Chretin's will clean and cook your doves for you if you like. I know others will do so, but do not advertise.

Brownie's, another longtime local eatery, also openly welcomes dove hunters.

Dove season is celebrated in Yuma.  The city has a bill board up welcoming dove hunters.

A few years ago, Yuma, as part of its fast growing structure, was incorporating large areas that had been under county jurisdiction.  As a concerned citizen, I attended one of the meetings where the city was explaining and pushing for the incorporation.

I mentioned that large areas of prime dove hunting territory would be banned from hunting by the incorporation.  The spokesman seemed shocked, and unbelieving.  I invited him to check it out, and at minimum, to exempt bird hunting from those areas, as the city could clearly do.

The incorporation went forward, but included was the exemption for dove hunting.  There is a weary old saying that the people who make the rules are those that show up.  I have seen it happen in Yuma.

A local entrepreneur has organized a gun show this year for the first dove season weekend.  I did not attend, but it was a smart move.

The promotion of Yuma as a destination for dove hunters does not seem to reduce the dove populations.  They rise and fall with other factors.  Hunting is a minor part, overall.  It means more competition, but it encourages hunters from California to stay involved.  California gun owners need all the help they can get.

90 percent of all doves die from year to year.  The world would drown in doves if they did not.  Dove hunting only means that humans are able to share in the harvest taken by hawks, snakes, owls, cats, coyotes, and just about all the predators big enough to take a dove. Even so, predation only accounts for a small percentage of dove mortality.  From clemson.edu:

The life span of the dove is generally between 1 and 3 years; however, most doves seldom live more than 1 year. Predation accounts for only a small percentage of doves lost. Disease and starvation may take a high toll in certain areas and under certain conditions.

If you are looking for a place to hunt does, come to Yuma.  The opening day is always 1 September.  Just don't ask for the location of my favorite dove hunting spot.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

After conceal carrying for 5 years, what did I learn?

A good summation by Gun Toting Dad.

I just finished with my class for renewing my carry permit. Here in Minnesota, we have to renew every five years, and part of that renewal is going through the class again and submitting the application. I starting thinking about how I have changed and how the world has changed since I started carrying.

On the personal side, I started carrying at first because I could legally carry. I had one carry gun and one holster. As with most carriers, this did not last long. Soon I was looking for better holsters. I also changed the way I dressed. I was shopping for clothing with holsters in mind. Also, I was educating my family about firearms a lot differently that before. They soon got used to the idea of me carrying a gun. My wife got really good at letting me know if my wardrobe was not appropriate for the holster, and if I was “printing”. Before work, I would get dressed and do the fashion spin for my wife and ask her for a “Print Check”.

Soon I learned that having a single carry gun was not ideal. My M&P got supplemented by its little brother the M&P Shield. The more I carried, the more I learned about the gun laws, both local and federal. I got involved with gun rights organizations. I started researching and following the news with self defense and conceal carriers in mind.

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A parallel universe without progressives

I have often heard it said the universe is so large that anything we can imagine exists somewhere.  Taking that as a starting point for a flight of fancy, let's imagine a parallel universe without Progressives. 

We wouldn't have had the 16th amendment.  Therefore we would still have a land without personal income tax and the Federal Government would have lived on fees and tariffs as it always did before the Progressives secured a source of money large enough to spend us into oblivion.  

We wouldn't have had the 17th amendment and the senators would still be selected by the State legislators.  This was one of the checks and balances the Founders embedded in the original Constitution to protect the federal nature of the Federal Government.  The House represents the people and the Senate was supposed to represent the States.   

We wouldn't have had The Creature from Jekyll Island, the Federal Reserve System, and America's representative of the international banking cartel.  Without the Fed to mismanage the money supply there would never have been the banking crisis of the early 1930s.  This is crisis that set the stage for the re-boot of America's free economy as a centrally-planned command and control machine used to transform every sector of American life. 

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PA: Drunk Black Man Shoots Police Officer, Found Not Guilty by Reason of Self Defense

 Image from fox29.com

On August 30 of 2015, Darrel Burt shot a police officer.  On September 2nd, 2016, he was found not guilty, by reason of self defense.  He was wounded in the elbow during the incident. He had been held in jail for over a year.  



From delcotimes.com:

A Norwood man who claimed self-defense in shooting Ridley Park Police Cpl. Marc Hanly last year was found not guilty Friday of nearly all charges.

Darrel Burt, 37, was found guilty of recklessly endangering a civilian, Corey Clark, but was acquitted on a dozen other counts that included attempted murder of police officers, attempted voluntary manslaughter, aggravated assault and assaulting a police officer by discharging a firearm.

Now that Burt has been found not guilty of all but one charge, reckless endangerment, his attorney will be asking for a bail reduction.

Reckless endangerment is a misdemeanor of the second degree in Pennsylvania, but the penalty can be as high as two years imprisonment. Darrel has already been held in jail for a year.  I would expect him to get credit for time served.

I am not a lawyer, and I do not play one on the Internet.  The federal definition of a felony is a crime with a penalty of imprisonment for more than one year.

I sympathize with Burt, who is a veteran who served honorably, with two tours in Iraq.   Burt has a serious drinking problem. I have friends who have had similar drinking problems. Darrel Burt was drunk when he shot the officer. 

The officers were there because Burt had called his friend and told him that he was contemplating suicide.  The officers were trying to help. One witness told the jury that when Burt was incarcerated, it was the first time Burt had been sober in 10 years.

The officers made the mistake of not announcing themselves as police. None of the officers who were at the scene remembered having done so. Burt was fired upon first, with a Taser. Burt did not know it was a police officer, and he did not know that it was a Taser being fired.

Many have said that citizens can never shoot at a police officer and expect justice, even if they were legally justified.  There have been several cases in the last few years that show this is false.  Darrel Burt's case adds to the list. 

In 2007, in a SWAT raid of the wrong address, Vang Khang shot at police officers as they broke into his family's home.  The police eventually settled the case for over $600,000.  No one was hit. 

Adrian Perryman was found not guilty of shooting at police in another failed SWAT raid that ocurred in 2010.

Brandon Watson was found not guilty after shooting out a window when police officers lit him up with laser sights in January, 2013.

Hank McGee was not indicted for the fatal shooting of a deputy in a no knock raid in late 2013.

Dallas Horton was not even arrested for shooting the Police Chief in Sentinel, Oklahoma, in 2015.

Fortunately, these cases are rare.  They will become even less frequent as the digital recording revolution reaches saturation, where nearly all public events are recorded all the time. 

This case did not depend on a recording.  That is a positive sign.  For those who say a black man cannot recieve justice in the United States, this case is a vivid counterpoint.


©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

Young Hunters Score in Yuma Dove Hunt

Mason and Joe after a successful day's hunt.

As many have learned, teaching a skill can be more enjoyable than exercising it.

Last year I took Joe hunting, and he shot his first doves.  In between seasons, I taught him to drive.  This year I asked if he wanted to go hunting again, and he did.  He asked if he could bring a friend, Mason.  Mason had already been dove hunting, he said.  After a few questions, I agreed.  Mason is 16. 

The boys were up and ready at 05:30, as I had asked.  It was gratifying to see them appropriately dressed, with water and snacks, and shotgun shells.  Joe's father was giving Mason instruction on a Benelli Nova 12 gauge pump.  Mason said he had used a side by side, and I had brought one, an Ugartechea 12 gauge.  I said he could use it.  We brought the Benelli along as another spare. 

I carried a beat up 20 gauge Remington 870 Wingmaster.  Someone had removed nearly all the finish, so I picked it up at a local gun show for $100.  I had grown up with a 20 gauge 870, and it suited me like an old friend. It was likely four times as old as the young hunters. I did not expect to shoot much, if at all, so it was another spare.  I brought an old box of 20 gauge paper shell reloads with it, just in case.

The sun was not yet up when we arrived at the urban pocket where I have hunted doves for 15 years.  It is just legal, and few know of it.  The suburbs of Yuma (yes, we have them) have not quite wiped it out, yet.

This was the second day of the season.  The limit was 15 Mourning and White Wing doves.  There was no limit on Rock Doves (pigeons), or collared doves, both being invasive species.  On opening day I had limited, with a bonus of two pigeons and four collared dove.

The hunt started slowly, pass shooting as the dove flew from roosting in the citrus groves to the fields.  I instructed the boys on safety and shooting technique.    I learned that Mason's experience consisted of three outings.  The first, he did not shoot.  The second, he fired only a couple of shots.  The third, less than a dozen.  I considered him a beginner.   

Both boys did well, but Mason had an exceptional day, one I think he will remember for a long time.

A bird came in.  I told Mason to swing on it, get in front of it, and shoot.  He did. With his first shot his first bird dropped like a rock. 

We changed position to take advantage of the the doves returning from the fields, and the action quickened.

Mason shot three shotguns that day. He dropped doves with all of them. The Ugartechea started misfiring in the right barrel, so I handed him the Remington Wingmaster and gave him some instruction.  He had never shot a pump before, and he loved it.  He fired twenty-one shots with it.  With only four 20 gauge shells left, we switched to the Benelli.

He jump shot another dove with the Benelli as we walked back to where we had left Joe. Shortly after, the birds stopped coming and we quit for the day.  Mason had 14 Mourning doves for about 40 shots, showing real wing shooting talent.

Joe bagged 7 Mourning doves, doing well. Joe was shooting the Browning Double Auto.   The young hunters might have gotten more birds, but I kept them close for coaching.

I had the young men retrieve each dove as it was downed before they shot another.  We did not lose any birds that we saw hit the ground.

I hope to take both hunters out again.  I did not fire a shot.

Joe has indicated an interest in big game.  Maybe I can find a place in Texas that needs some wild hogs removed.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch

OK: Criminal Drunk Tries Break-In, is Shot, Wounded with Shotgun

Officers say Delbert Coffelt was intoxicated when he tried to walk into a home on South K Street in Hugo.

Deputies say the homeowner shot Coffelt with a shotgun when he refused to leave the property.

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AZ: Domestic Crime, Stranger Shoots, Police Arrest

Police said an unknown witness saw the interaction and fired a shot at the driver as he fled. The driver then called police minutes later from 43rd Avenue and Buckeye Road to report that he'd been shot.

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OH: Clerk Shoots, Kills, Armed Masked Robber

Detectives now say that person attempted to rob the store, armed and masked.
Detectives say the clerk, who has a license to carry a gun, shot and killed the suspect.

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KY: 16-Year-Old with Gun Stops Home Invader with Knife

Deputies say a 16-year-old inside the home confronted Scott with a gun, and told him to drop the knife.

Deputies say Scott dropped the knife, took off his shirt and shoes, and ran away. Police haven't said if the suspect took anything from the home.

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Followup OR: Wrongful Death Lawsuit in Shane Munoz shooting goes forward

The Bulletin reports (https://is.gd/TKkSkQ ) that Deschutes County Circuit Judge Stephen Fort on Thursday declined to dismiss the suit against Kevin Perry, who shot Munoz in 2012.


Perry and Amanda Weinman had arrived at Perry's home to find Munoz, a stranger to both of them, asleep on the couch. Perry told police he grabbed a gun and shot Munoz after the intruder attacked him.
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Ban on Open Carry Illegal for Union Station in Ogden, Utah

Sea Bears is a successful restaurant serving sea food in Ogden, Utah.  They have made national news by their policy of open carry for restaurant employees and guests.  The policy brought them attention, and they have been successful enough to expand to larger quarters.  The family owned restaurant signed a lease for a new space at Union Station.  Union Station is home to four museums, including the John M. Browning Firearms Museum and the Utah Cowboy and Western Heritage Museum.  This appeared to be a good fit for an open carry themed restaurant.

The management of Union Station decided to put up signs banning open carry on August 19th, just a few days before Sea Bears was to open their restaurant there.  At the time, there was speculation that Union  Station might not have the authority to ban open carry at the venue. It appeared to be a public space owned by the City.  That was correct.

Union Station seems to have violated the law when it put up the signs.  The Ogden City Attorney, Gary Williams, read about the signs and went to investigate. From standard.net:

When Williams read about the Union Station ban in the Standard-Examiner, he decided he’d “better go look at the sign.” He said he then removed the signs out of fear they may run afoul of state firearms laws.

Williams stopped short of saying Sea Bears employees and customers can now open-carry in Union Station, saying “I don’t think I’m ready to comment on that.” But he did say Union Station and Ogden City aren’t regulating open-carry guns.

Utah, as with most states, has a state preemption law to prevent cities, counties, water districts, and any other political entities within the state from making their own laws regarding firearms.  If political sub-units of the states were allowed to do so, the right to bear arms would be extremely hard to exercise, as it would be difficult to know when a person was breaking the law or not.  Most County and City boundaries are not marked, and simply moving across a street could mean the difference between legally following the law and being subject to arrest.

The management of Union Station had no legal authority to infringe on the right to bear arms by banning open carry.

The Secretary of the Union Station Foundation, says that they are "not against the Second Amendment".  He simply is against people exercising their right in a way the lets other people know that they are doing so.  From the Standard Examiner:

If people want to express their belief in the right to bear arms, Trentelman said he hopes they’ll at least be sensitive to the fact that some people are frightened by their open display.

“I don’t have any problem with concealed-carry,” he said. “If you’re going to do it, do it. It’s legal. But people who insist on open-carry, I don’t think it’s about protection — it’s about making a statement.”

Mr. Trentelman is mostly correct, I think.  Open carry is strong, symbolic, protected, political speech.  It is protected by both the First and Second Amendments of the Constitution.  Thus his *generous* and *tolerant* opinion that it would be alright if people exercise their rights, as long as it is in such a way that no one actually knows that they are doing so, is incredibly offensive and intolerant to anyone who thinks about what he is suggesting.

That people who are going to a gun museum would be scared of people actually carrying guns, seems a bit weird. In fact, people who legally carry guns are far more law abiding than the general population, and Utah is one of the safest states in the union.

What is particularly bizarre is that the management of Union Station would sign a lease with a restaurant whose signature appeal is the open carry of guns, then attempt to ban the open carry of guns there, just before that business was to open its doors.

That goes beyond offensive to irresponsible, and in this case, illegal.

City Attorney  Gary Williams is to be commended for his quick action.  The signs came down before anyone had to resort to lawyers and courts.

Both Union Station and Sea Bears benefited from the publicity.  It is likely that many visitors to Ogden, will take a meal at Sea Bears, and visit the Museums.  Many Second Amendment supporters will be openly exercising their rights.

From numerous, consistent Internet polls, which measure intensity of support, it is clear that active supporters of open carry far exceed those who are offended by it on the order of 3-10 to 1. 

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch



 

Followup WA: No Charges for Clerk who Shot Hatchetman with a .357

A man who fatally shot a hatchet-wielding assailant will not face criminal charges. Prosecutors concluded the man, a customer at a 7-Eleven store near Burien, used lawful force in defending a clerk who was wounded in the attack.

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FL: Armed Woman Shoots 1 of 3 Home Invaders

While that was happening, the woman, who was not identified, ran to her room and retrieved a gun. She returned to the living room, where the burglars were standing over her husband, and told them to freeze, deputies said.

When the men headed for the door, she told them to freeze again. Shackelford turned toward the woman, and she fired.
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DC Police Chief, Cathy Lanier, Announces Retirement, Job Change at Age 49

Image from wusa9.com

According to wikipeida, Chief Lanier was born on July 22, 1967.  That makes her a few weeks over 49 years old today.  She is retiring as of September 16th, when she will be almost 49 years and two months old.  From wtop.com:

When retiring D.C. police chief Cathy Lanier takes her new job as head of security for the NFL, she’ll be tackling one of pro football’s ongoing problems — domestic violence.

After almost 10 years as chief, and 26 years with the Metropolitan Police Department, Lanier’s final day will be Sept. 16, and within days she will assume her new role as Senior Vice President of Security, overseeing all aspects of security for professional football.

Police Chiefs have relatively little to say about police policy on political issues.  They do what they are told, and are usually selected as much for their political alignment as for their efficacy as police leaders. Lanier's antipathy toward the Second Amendment is squarely in line with the District of Columbia City government. She leaves office with at least two ongoing lawsuits against her for enforcing the city's unconstitutional gun policies.  From the washingtonpost.com:

On the national stage, Lanier became a voice for gun-control laws, complaining that crime in the District and other cities was driven up by repeat violent offenders with easy access to weapons.

While she headed the department, possessing and privately using small amounts of marijuana became legal, the courts time and again forced the city to rewrite rules for gun ownership, turning the District into a battleground for Second Amendment cases and overturning the city’s long-standing firearms ban that upended one of the centerpieces of the chief’s crime-fighting strategy.

Chief Lanier will be handpicking her interim successor, so it is unlikely that the anti-Second Amendment policies will change from within.


Chief Lanier is expected to have retirement compensation from the City, financed primarily by U.S. taxpayers, of about $165,000 to $190,000 a year.  Espn.com puts the figure at $177,000:

Lanier made $253,000 annually as police chief. Because her departure is considered a retirement, she will receive an annual pension of roughly $177,000. She declined to disclose what her salary with the NFL will be.

To Chief Lanier's credit, when a court ordered a stop to the enforcement of laws banning the carry of guns in the city, she obeyed the court.

Update:

One of the latest lawsuits naming Chief Lanier as a defendant is about whether police can require a "good cause" as necessary to obtain a permit to carry a firearm.  From uslawshield.com:

 The lawsuit was filed in U.S. District Court for the District of Columbia by three private citizens, Brian Wrenn and Joshua Akery, both of Washington, D.C., and Tyler Whidby, a Florida resident who also maintains a residence in Virginia, and the Second Amendment Foundation. The city and Police Chief Cathy Lanier are named as defendants.

The lawsuit asserts that “individuals cannot be required to prove a ‘good reason’ or ‘other proper reason’ for the exercise of fundamental constitutional rights, including the right to keep and bear arms.” All three individual plaintiffs in the case have applied for District carry permits and have been turned down by Lanier because they could not “Demonstrate a good reason to fear injury to person or property.”

In our view, the city’s requirements to obtain a carry permit are so restrictive that virtually all applicants could be — or will be — turned down. At the time of this writing, only eight permits have been allowed, so it’s plain to see that very few situations will sufficient for Chief Lanier to issue a permit.

 I doubt if the lawsuits had anything to do with Chief Lanier's decision to leave D.C.  Lawsuits have become one of the burdens of being in high position in the United States.  It would be nice if Chief Lanier gains education about Second Amendment rights in her new position, but it seems unlikely.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

MA: AG Healy Continues Anti-Second Amendment Lawfare

Massachusetts' controversial Attorney General, Maura Healy, who was elected last year, is being sued by two prominent and popular gun manufacturers, Remington and Glock.  They contend that Healy is using the power of her office to harass them. From bostonglobe.com:

Both Remington and Glock have sued Healey in Suffolk Superior Court, arguing that she is abusing her authority by casting a broad net for documents, including those related to accidental discharges, past lawsuits, legal settlements, and product recalls.

Glock Inc.’s lawsuit asks the court to quash Healey’s inquiry.

The company, based in Smyrna, Ga., points to statements Healey has made calling gun violence a “public health crisis” and an “epidemic” to argue the “true purpose” of her investigation is “to harass an industry that the attorney general finds distasteful and to make political headlines by pursing members of the firearm industry.”

It is particularly weird considering that Glock pistols may only be legally sold to police in Massachusetts.

Healy misleads with lawerly parsing, spouting a Hillary Clinton talking point:

“This is the only product of its kind for which Congress has given the industry extensive freedom from liability,” she said at the White House. “That’s not right. The gun industry should be held to the same liability standards as the manufacturers and sellers of other consumer products.”

That may be correct, if parsed in a Clintonesqe manner.  What other "product of its kind" exists except for firearms? Could it be crossbows?  Blowguns? Taken that way, the statement becomes a truism. 

Taken at face value, it simply is not correct.  The protection that Congress has afforded the firearms industry is protection from lawsuit for actions of third parties that the companies have no control over.  It is a wall that exists for all products, that gun haters are attempting to breach, at least at first, for firearms. From wikipedia:

The Protection of Lawful Commerce in Arms Act (PLCAA) is a United States law which protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S. based manufacturer of consumer products is held responsible. They may also be held liable for negligence when they have reason to know a gun is intended for use in a crime.

Used the way that Healy suggests, Nike could be sued for making shoes that criminals use to run with.  Subaru could be sued for making a car used in a kidnapping.

Healy contends that her motivation for the investigation is irrelevant, that under Massachusetts law, she has the power to investigate any company she wants to.  This is the very essence of tyranny.  No company can be safe from such exercise of political power.

This is simply an extension of the lawfare attack by gun haters that prompted the federal protection in the first place.  Those frivolous lawsuits were never expected to prevail in court.  The stated purpose was to bankrupt firearms companies using the unlimited checkbook of taxpayers to file suit after suit, after suit, requiring an expensive defense against all, until the companies were bankrupted. From philly.com in 1998:

``The chances are maximized if enough cities file at one time,'' Rendell said. ``The sheer cost of defending these suits would be hard for the gun industry.''

The American governmental system was designed to be one in which checks and balances limited governmental power, to keep it from becoming tyrannical.  The idea that a State official could require companies based in another state undergo great expense for a fishing expedition because a state official hated their product, would have been unthinkable.  The idea that one state official could dictate policy for the nation would be abhorrent.

Perhaps it is time to act on what AG Healy suggests, and extend in law the protection of the PLCAA to all products, whether they be firearms or toasters.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch 

TX: Home Invasion, 1 Killed, 1 Caught, 1 Drove Away

Residents of the home told Sheriff Detectives that they were up and awake in their residence when two unknown male suspects entered through the front door and into the living room. Residents said one of the male suspects was armed with a handgun and a struggle ensued and the suspect was shot.

Both suspects fled on foot and the male suspect that was shot was found deceased in the roadway in front of the residence. The second male suspect was located a short distance from the residence and taken into custody by a Lamar County Deputy.
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TX: 1 of 3 Thieves is Shot at 3900 Block of South Presa St.

They were reportedly trying to steal power tools from the rear of the business. A preliminary police report says the three had already loaded an air compressor onto a truck. The business owner lives next door to the business. His wife heard a noise making it possible for him to intervene.

Police say he opened fire after one of the burglary suspects came at him a threatening manner. The suspect was shot multiple times in the chest and leg. The three suspects all left the scene in a pickup truck.

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SC: Obama Gas Station Hold-up Fails When Clerk Pulls Gun

Deputies say just after 3:30 a.m. Monday, they were called to the Obama store on North Main Street in Columbia for a report of an attempted robbery.

The clerk was behind protective glass and pulled a gun on a man who flashed a weapon. The clerk did not fire.

Lt. Curtis Wilson says the gunman fired shots while running away but nobody was hit.
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Followup GA: Mother who Shot Daughter's Boyfriend was Justified

Investigators said that Cochran got angry over a Facebook post and began beating Toni Davis.

When her mother tried to intervene, Cochran pushed her down then held a knife to Toni Davis's throat and threatened to kill her.
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2016 NICS Background Checks Break August Records at Slower Pace

In August, 2016 continued on its record breaking pace to become the year with the most gun sales ever.  In August the pace slowed slightly, while breaking the previous record from last year.  The 2016 NICS checks are far ahead of those for 2015, the previous record holder.

In 2015, the total NICS checks for the year were 23,141,970 .  In 2015, through June, the numbers were 10,466,243.  Through July, they were 12,067,075.  Through August, 2015, they were 13,812,485.

1,853,815 checks were done in August, 2016 making 17,880,475 checks done for 2016 so far. 

2016 is about two months ahead of the 2015 record.  It is 29.5% ahead of where 2015 was at this time.  If this pace continues, 2016 will end up with 30 million background checks for the year. In August, the scorching pace for 2016 has slackened a bit.

There are 15 years where we can compare the NICS background checks to the actual addition to the private firearms stock, as reported to the ATF.  During that period there have been about .6 firearms added for each NICS check.

The NICS checks are done for more than new firearms.  They are done for used firearms as well. They are done when trade ins are sold at gun shops or when used guns are sold at gun shows.  NICS checks are done for gun carry permits, which are also breaking records every month.

We will not know exactly how many guns have been added to the private stock in 2016 until late January, 2018.  The numbers will not be reported to the ATF until the end of 2016. The ATF is required by law to hold them from public view for a year, to prevent proprietary information from being released.

It is easy to see how one manufacturer would like to know exactly how many guns of certain models and calibers their competitors are selling.

Given the NICS numbers, if there are 30 million checks done in 2016, there will probably be 18 million guns added to the private stock.  That would increase the private stock to 406 million private firearms in the United States.

The private firearm stock in the United States will have increased by nearly 100 million firearms, or 30%, during the two terms of the Barack Obama presidency.

To reach that number there will need to be 12 million more NICs checks done in 2016 from, 1 September to 31 December.  In 2015, 9.33 million NICS checks were done in that period.

That would be a remarkable achievement.

It is not clear why the number of NICS check slowed a little in August.  It is still a record.

Many indicators show a soaring and  diverse level of gun ownership.  Carry permits are burgeoning, approaching 15 million and more.  Gun ownership among women and minorities is at an all time high.



Who would have thought that the presidency of Barack Obama would be such a boon to American gun manufacturers?


©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

IN: Dogs get loose, Attack Farmers' Animals a 2nd Time, are Shot

The dogs eventually ended up in the yard across the street from Holding’s land. Jeff Clawson owns that property.

A passerby saw the dogs chasing Clawson’s goats, and he stopped to warn Clawson.

Clawson went outside and shot the dogs once each. The dogs ran to the back of the property, but it was fenced in and they couldn’t get away.

Clawson’s nephew then shot the dogs again and killed them.
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Virgin Islands: Self Defense with Gun Results in 2 Year Suspended Sentence

There are almost no legal guns in the Virgin Islands, but it has one of the highest homicide rates in the world.

ST. THOMAS — Jaheil Francis was on Monday sentenced to a two-year suspended sentence for having pleaded guilty to a gun crime in connection with a shooting death that occurred earlier this year, the Virgin Islands Department of Justice announced Monday.

(snip)

Police interviewed an eyewitness who said that Francis and Rabsatt were embroiled an argument, Rabsatt pulled out a knife and swung it at Francis, according to Det. James. Rabsatt pursued Francis with the knife, Francis pulled out a gun and shot Rabsatt, discharging about five to seven shots, then left the area, according to James.

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WA: Suspect Shot Attempting to Break into Home

MOUNTLAKE TERRACE, Wash. -- A homeowner shot and critically wounded a man who was trying to get into his house through a window, police here say.

Police say he was armed with a crochet hook.

The wounded man was unresponsive and lying in the street when police arrived early Wednesday morning at the home in the 22100 block of 60th Avenue West. Officers used CPR to get a pulse, and he was rushed to Harborview Medical Center, where he has undergone surgery.
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Pricing Gun Owners Out of Their Constitutional Rights

The war on the Second Amendment is becoming all about cost.

Realizing it’s far easier to make exercising one’s Second Amendment right prohibitively expensive than it is to revoke that right entirely, liberals across America are finding ways to increase the cost of gun ownership.

California is the latest state to jack up the cost of freedom beyond the reach of the average American. The California Assembly sent a bill to Gov. Jerry Brown Tuesday which would allow cities and counties to raise the cost of concealed carry permits beyond their current $100 limit.
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Followup CA: Charges Dismissed Against Mother Forced to Shoot, Kill, Son

A Kern County judge dismissed a murder charge against a 69-year-old woman Tuesday after the woman’s attorney successfully argued she was acting in self-defense when she shot and killed her adult son.

Joice Rush, held on $600,000 bail since her arrest two-and-a-half months ago, is expected to be released from jail Tuesday. The D.A.’s office has decided not to refile charges.

Judge Colette M. Humphrey granted a motion filed by Ernest Hinman of the Public Defender’s office to dismiss a second-degree murder charge filed against Rush in the June shooting.
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ATF Makes Ammunition Error, works on Correction

In June of 2016, the ATF announced that nitrocellulose, including nitrocellulose wetted with water or alcohol, would be considered a high explosive.  This change in regulation was simply announced in the June ATF EXPLOSIVES Industry Newsletter, without a comment period or any previous consideration.

This change had a potentially devastating effect on ammunition manufacturers and manufacturers of smokeless gunpowder.  If the ruling was upheld, it would have required enormous changes in gunpowder manufacture, making ammunition significantly more expensive, and likely halting the manufacture of smokeless gunpowder for a considerable period while changes to existing procedures were worked out, tested, and applied to the manufacturing process.

Astute people in the industry noticed and started to sound the alarm.  It is not surprising that people are on the edge of alarm during the final months of the Obama administration, as the administration has shown an alarming tendency to ignore both Congress and the courts.

The ATF sought to put the issue to rest yesterday , 31 August. It issued an update stating that the status of previously authorized industry oractices will not be affected for some period.  From the update:

Subsequent contact from industry members who import, transport, store or  employ wetted Nitrocellulose in the production of ammunition, however, has brought to our attention  that were not fully addressed in the Newsletter and require further consultation and consideration with the industry. Accordingly, ATF has and will conduct further industry outreach concerning wetted Nitrocellulose. In the interim, previously authorized industry practices concerning wetted Nitrocellulose will not be affected.

This appears to have been an oversight on the part of the ATF; someone likely made a  mistake, not knowing the consequences of their actions.  It will probably be corrected.

This shows the danger in so much power being concentrated in the executive branch.  A shutdown of an entire industry could happen simply because a bureaucrat decided to add one chemical to a list of others, without knowing the consequences, and not following procedure on the requirement for public input on the change of regulations.

ATF has not admitted that they overstepped their regulatory power; they have only admitted that they need to consult with the industry and take them into consideration.

But what other effects might there be that they or we do not know?  Regulators cannot know all; that is one of the reasons for public input.  It is entirely possible that small manufacturers or individuals will be significantly effected by this unanticipated regulatory change.

It is positive that ATF responded to industry pressure in this regard.  But what if they had not?  Congress has shown little inclination to rein in the Obama administration; a court case could be bottled up for months or years, as has happened with the immigration case.

Congress should make clear the power of the ATF is limited, and any change must be subject to public oversight and comment.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch 

FL: Phone App Alerts Resident, Father Shoots Burglary Suspect

TAMPA — A burglar was shot and seriously wounded Tuesday after the occupant of a home spotted him remotely on her mobile surveillance app and called her father to investigate, police said.
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Followup PA: DA continues Investigation of McClellan Shooting

Landeck, who said he was armed with a handgun he keeps on his person at all times, offered McClellan his cellphone. When he handed the phone through a small opening in the door, Landeck said McClellan forced his way into the residence and wrestled Landeck to the ground.

“Landeck Jr. claimed that he warned McClellan that he was armed and McClellan responded, ‘I’m going to kill you,’ ” the form states.

That’s when Landeck told police he accessed the handgun located in a holster on his hip and discharged the weapon in self defense.


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Minnesota's Gun Buyback Backfires

Gun control advocates tried to paint this weekend’s gun buyback in Minnesota as a raving success. “After strong response, gun buyback closes early in Minneapolis,” a Minneapolis Star Tribune headline stated. The article explains that Saturday’s event, “which had been intended to run until 6 p.m., closed down before noon after organizers from the nonprofit Pillsbury United Communities ran out of money, having handed out more than $25,000 in gift cards for about 150 guns.” But the gun buyback wasn’t quite the success they claim.

According to CBS Minnesota, “One anonymous gun owner said he received $200 in gift cards for his firearm and plans to use the freed up funds for a new gun [emphasis added].” Guy buyback? More like cutting-edge opportunism! Some residents resorted to faux firearm contraptions to nab some of the gift cards. Fox News reports, “One person constructed a ‘shotgun’ out of a piece of wood, some tape and a pipe. They were given a $100 gift card for the contraption, according to a Facebook post from the Minnesota Gun Owners Caucus.”

Meanwhile, a new Pew Research Center survey finds that gun ownership is proliferating, with “44 percent of the country [admitting to having] a gun in the house,” according to the Washington Examiner, which represents “a jump in ownership from the mid-30 percent found in other recent polls.” Because ill-informed gun control advocates can’t win at the polls, they lower themselves to spewing disinformation instead. Whether it’s in Minneapolis or Boston, gun buyback advocates are shooting themselves in the foot.

https://patriotpost.us/posts/44554

Angela Corey, Zimmerman Prosecutor, Loses Primary, 26% to 64%

Angel Corey, Kenny Leigh, Melissa Nelson

Image from Jacksonville.com

When both the NRA and the local president of the NAACP want you out of office, you are in trouble.  Angela Corey found herself in that position after ham-handling a number of cases that she chose to prosecute, including George Zimmerman in the Trayvon Martin self defense case. From usatoday.com:

Melissa Nelson, a corporate lawyer and former prosecutor, claimed 64% of the vote over Corey's 26% in the fourth circuit, which oversees Jacksonville, Fla. Nelson will face Kenny Leigh, a write-in candidate who runs a men's only law firm, in the general election. (Fun fact: no write-in candidate has ever been elected to a state attorney position in Florida, the Florida Times-Union has reported.)

USA today gets the case exactly wrong, still sticking to the discredited notion that racism was a major feature of the case.

To her biggest critics, Corey is the prosecutor who failed to convince a jury to convict Zimmerman of second-degree murder for fatally shooting Martin, a black 17-year-old. Civil rights leaders have told USA TODAY that if Martin had been white, Zimmerman would have been arrested the night of the shooting.

 This from IamGMJohnson on twitter:

 George M Johnson @IamGMJohnson

Angela Corey lost her primary. Yall know the one who play "prosecuted" George Zimmerman

Anyone who actually studied the trial knows that Corey bent, very likely broke, the rules as far as she could get away with in trying to convict George Zimmerman.  The idea that she "play prosecuted" him is a leftwing conspiracy fantasy.

There was incredible racism in the coverage of the case, but it was racism directed at George Zimmerman.

There are many reasons why the NRA endorsed Milissa Nelson as Corey's primary opponent.

One that was clear was Corey's willingness to prosecute an obviously innocent man for political reasons.  The Zimmerman case was so obviously one sided that most of the prosecution witness came off as testifying for Zimmerman. The best analysis of the case and trial has been done by Massad Ayoob, one of the most successful writers on the law of Self Defense and a sought after expert witness.

The idea that Corey lost her primary because she did not prosecute George Zimmerman *hard enough* is absurd.  It is a closed Republican primary.  It is unlikely that any of the black conspiracy theorists who the USAToday quotes from the twitter feed, were registered Republicans.  They certainly did not make a difference in the Florida primary. 

Corey also prosecuted a lot of black men, and some of those cases have also been controversial.

Corey will now be looking for other employment.  The old media is attempting to spin that her loss happened because she was not politically correct enough.

It is an Orwellian rewrite of cause and effect.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
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