Saturday, May 16, 2020

Bear Biologist Makes Hyperbolic Claim about Bear Maulings



In a March 15, 2020 article about a bear encounter by Caroline Wellbery, a bear biologist makes a hyperbolic claim. It is not unusual for people to make hyperbolic claims about bears, which are not founded in facts or data. It is irresponsible for experts in the field to do so. From the washingtonpost.com:
There is a bigger chance of getting hit twice by lightning, Craighead says, than being mauled by a bear.
As with any statistical assessment, it depends on a number of assumptions. If you are talking about the United States as a whole, Craighead's claim is false.

Over the last decade, the number of people killed by lightning per year, according to weather.gov, has been 26. The number of people struck by lightning is about 10 times that number, or about 260 a year, or about 1 out of 1.27 million in a year. The number struck by lightning has been falling.  The expected lifespan in the United States is about 79 years.

Assuming that each person has half of their life to live after the first strike, at any one time, there are about 79/2 x 260 people who have been struck by lightning once, or 10,270 living in the United States. Each of those, in a given year, has a chance of being struck by lightning again. Because the odds are so small, they are, essentially, additive, so, for a given year, they are very close to 10,270/1.27 million, or .008 per year, or about 1 person every 123 years. 

There are a couple of people in existence who have been struck by lightning more than once, so the odds may be a little greater.  Then again, the number of people struck by lightning has been falling, while the number of people mauled by bears has been rising.

There are many times as many people alive who have been mauled by a bear, as have been struck by lightning twice.

According to research in Alaska, there are about seven bear attacks requiring at least one day in the hospital for each fatal bear attack. There are other people who only need stitches and are released, or who have other, minor injuries.

There have been 18 fatal bear attacks in the United States in the last decade .
7 x 18 is 126, or about 12 bear maulings requiring at least 1 day in the hospital each year, on average. That does not count the people attacked by a bear who can be released from the hospital the same day. Over the same time period, the number of people being hit, twice, by lightning would be .008 x 10 or about .08 people per decade.

In the United States, your chance of getting mauled by a bear is about 1500 times as great as being struck by lightning, twice.

Craighead is not just wrong in his estimate, he is off by three orders of magnitude.

The comparison of lightning strikes to bear attacks is a frivolous, Orwellian exercise. All risks should be taken in context. In some contexts, bear attacks are a serious risk. In most, they are not. In the backwoods of Yellowstone park, the chance of being in an automobile accident are very small, but the chance of being killed by a bear is significant, about the same at that of being in a fatal automobile accident in the rest of the United States.

Where most bear attacks occur, deaths by bear can be more frequent than deaths by lightning strike. They are clearly more common than being hit twice by lightning. Seven of the eighteen fatal bear attacks in the United States in the last decade, occurred in Alaska. There were no recorded deaths by lightning in Alaska during that decade.

Humans are, generally, far more dangerous to other humans than are bears. Bears may kill, over the entire world, a dozen humans or less in a year (there are more bear attacks in Asia than in North America, and almost as many in Europe). Humans kill about half a million humans in a year.

In the back country of Yellowstone park, bears kill more humans than humans do.

Humans learn from others and learn how to prevent attacks and exposure to lightning strikes. A person who has been struck by lightning may be careful to expose themselves less.

Long experience with bears has resulted in people knowing how to effectively avoid and/or stop a bear attack. It is likely about 10 bears are killed for each bear that attacks and injures a human. The chance of a bear mauling is not the same as the chance of a bear attack. Bear attacks occur much more frequently. They mostly fail, and the bear is killed or driven off.

In my research, handguns are shown to be about 97% effective in stopping bear attacks.

©2020 by Dean Weingarten: First publication rights are granted to Ammoland
Link to Gun Watch

NV: Security Guard Shoots, Wounds Suspect



One of the suspects was possibly armed with a gun and the security officer fired shots, police said.

Metro officers responded to the shooting and followed a trail of blood that led them to a tent where the shot man was found in a tent.
More Here

MO: Armed Homeowner Shoots, Wounds 1 of 3 Childen Breaking into Home

St. Louis Police say that a 23-year-old man heard banging and glass breaking from the rear of the home. He found the three boys coming into the home through a broken window. Police say the man fired a shot from his weapon in the direction of the suspects, fearing for his safety. The three boys started to run away.

More Here

Friday, May 15, 2020

NICS Background Checks for April, 2020, Breaks Record


April 2020 was another record breaking month for the National Instant background Check System (NICS).  The numbers for the month were:

Handguns - 984,872, almost a million!
Long guns - 508,122 over half a million!
Other - 68,746
Multiple - 34,778 (multiplied by 2.5 to approximate the number of firearms, 86,948)

The new format for the graphics shows last year's numbers in the blue, green, yellow and red lines. The blue, green, yellow and red bars show this year's numbers. 

Total firearms sold, as recorded by NICS - 1,648,688.

The numbers are not as high as for March, but are significantly higher than last year.  They are the highest numbers for April on record. 

The sales happened in spite of a significant number of gun shops being shut down by decree by state governors, then re-opened after protests, lawsuits, and the Trump administration declaring them essential businesses.

In the period of dropping economic numbers and record level unemployment, over 1.6 million Americans voted with their credit cards and wallets to support, in a very concrete way, the reality of the Second Amendment.

Perhaps because of social distancing, the number of permit checks and rechecks were only 42% of total NICS checks, while the recent trend has been over half of all NICS. In April of 2019, permit checks and rechecks were 58% of total NICS, a reversal of the proportions.

This is in stark contrast to Canada, where the right of Englishmen to Arms has been effectively abolished over the last 85 years.

In Canada, with considerable effort, you can obtain a permit to allow you to take your unloaded, and double locked pistol to the range, directly, without stopping. For the vast majority of pistol owners, the range is the only place the pistol is allowed to be loaded or fired.

The Prime Minister banned a list of 1500 models deemed to fall into the rather fluid definition of "assault weapons", without a vote of Parliament.

In the United States, with its Bill of Rights and the Second Amendment, those sort of bans are not allowed.

According to Larry Keane at the National Shooting Sports Foundation, a large percentage of the firearm purchasers in the United States were first time buyers.

The Trump Bump in gun sales has continued two months now, with many popular models being temporarily difficult to come by. Handguns accounted for a bit less than two thirds of the total sales, although precise numbers are not known. This is because the category of multiple sales and other sales could be either handguns or long guns, or both at the same time. It is likely the proportions are close.

Ammunition sales are also up, according to a local gun shop, particularly for pistol cartridges. A quick visit to a local WalMart showed a lot of empty space on the ammunition shelves. WalMart had been liquidating its handgun ammunition before the Chinese Virus lock-down heightened customers awareness of societal vulnerabilities.

It is possible the deadlock at the Supreme Court about the Second Amendment has also contributed to record sales. It is much easier to hang on to a firearm you already own, than to get permission to own one once restrictive legislation is passed.

The American gun culture is alive and well. Most gun owners own guns for defense of self and others, as well as for hunting and target shooting.

In the rest of the Anglosphere, there are two foundational deceptions used to restricting gun ownership.

First, define guns as illegitimate for self defense. This removes the most powerful argument for moral gun ownership.

Second, make ownership of guns a privilege, instead of a right.

Both deceptions have been used as powerful arguments for heavy restrictions on gun ownership in the UK, Canada, Australia, and New Zealand.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

ND: William Dittmer was Justified in Shooting Duane Turchin



Dittmer claims the shooting was an act of self-defense.

“Mr. Turchin was a considerably larger man. He had presented himself as a challenge to Mr. Dittmer,” explained State’s Attorney Birch Burdick. “He was present on Mr. Dittmer’s property and challenging him right there at his car. The evidence indicated that when Mr. Dittmer got out of his car, Mr. Turchin put his hand around his throat and was squeezing his throat.”

The evidence includes Sheriff’s Office photographs that show a spilled drink on the drivers side window of the vehicle, which Dittmer Jr. said was thrown at him. Photographs also show faint, red scratch marks on Dittmer’s neck. This was corroborated by Dittmer’s girlfriend, Adrienne Johnson, who saw the altercation from inside the couple’s home.
More Here

UT: One of Six Home Invaders Shot and Killed in Targeted Attack



VINEYARD — An attempted home invasion robbery in Vineyard resulted in one of the would-be robbers being shot and killed by the resident and at least six others arrested, according to police.
More Here

David Chipman Mocks new gun owners; Pushes them into the Gun Culture


Screenshot from C-Span Video

David Chipman is a former ATF agent. He found a new gig as a spokesman for those who want the population disarmed. 

David Chipman's latest attempt at scaring Americans away from exercising their Second Amendment rights seems rather ham-handed.

From cheddar.com:
David Chipman, Senior Policy Advisor at the Giffords organization said hopelessness, anxiety and fear might cause people to try to use firearms to control some aspect of their lives as they are inundated with concerning news about COVID-19, “but there are risks to that choice.”

“They might think that they’re die-hard, ready to go, but unfortunately they’re more like Tiger King and they’re putting themselves and their family in danger,” he said, referencing the popular new Netflix series and its central figure’s love of guns. Particularly without proper gun training, Chipman worries new gun owners are putting people at risk. Unintentional shootings makeup 1.3 percent of gun deaths and 18 percent of gun injuries.

He suggested first-time gun owners secure unloaded firearms. “Hide it behind the cans of tuna and beef jerky that you’ve stored in the cabinet,” he said.
(snip)
Chipman said he’s concerned about an increase in domestic violence cases and the possibility of a gun becoming part of that equation. Experts have warned quarantine may lead to more domestic violence incidents sprung from anxiety, loss of jobs and more time at home.
Fortunately, there is no evidence of a national spike in domestic violence. The Hill.com has some numbers from some cities.

Dallas showed an increase of 21% of calls from from February to March; Los Angeles reported a 12.4% decrease, then a 7.6% increase of calls; and New York showed a 15% decline in calls from last year. There is no good evidence the lockdown is increasing or decreasing domestic violence. Those who make and industry of domestic abuse find a way to conflate any reporting with an increase. For example, a sociology professor speculated that lower reporting might be because of higher abuse rates.

Domestic violence may increase; it may not. It is difficult to know. It is difficult to know if an increase in reporting means an increase in violence or not. It is hard to believe having more gun owners means having more domestic violence.

Comparing the new gun owners to convicted criminals and bizzare adrenaline and meth addicts in the Netflicks docudrama "true crime" series, Tiger King, won't win points with new gun owners.  Very few new gun owners will be polyandrous gay men who obsess with and own tigers and lions.

Missing from the Cheddar article is a call for the new gun owners to get trained up. Instead, Chipman advises them to store guns in such a way as to render them unusable for immediate defense of self and family.

People seldom purchase firearms as an impulse buy. They are not offered next to the checkout at your local convenience store, along with the candy.

What seems like an impulse buy is usually a long simmering and considered desire, set off by events which crystallize the decision to be prepared.

Trying to shame these new gun owners into giving up the guns they just paid top dollar for, is not a way to endear yourself to them.

Those who are attempting to push the national population into disarmament, have convinced themselves they are smarter than the people they are attempting to disarm. They have had success, because they have had the Media on their side for 50 years.

Expert is a label which no longer carries much weight. The public has come to know experts can be found for any side of an argument.

To evaluate an expert, people have to consider their arguments and data. When you find an "expert" who resorts to emotional arguments, or who refuses to show you their data, you know to discard that persons advise.

Nicolo Machiavelli was a political expert on the use of power, who the left has idealized for 500 years.  He wrote that armed people see the world differently than unarmed people.

The famed political philosopher states it well in The Prince:
Because there is nothing proportionate between the armed and the unarmed; and it is not reasonable that he who is armed should yield obedience willingly to him who is unarmed, or that the unarmed man should be secure among armed servants. Because, there being in the one disdain and in the other suspicion, it is not possible for them to work well together.
David Chipman is attempting to convince recently armed people to place themselves back into the category of unarmed people. It is rather like convincing someone to forget what they have seen.

It has not been working. America is better armed today, in spite of the scare mongering and propaganda, than it has ever been.

People in the gun culture need to welcome these new members. They need training and support. Put aside past judgements. Many were only believing what "experts" told them. They have much to learn, when they are seeing the world through the eyes of an armed citizen.


©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Thursday, May 14, 2020

NY: More on Shooting of Andre Tiwo Hair (Domestic Defense by Neighbor)



EMS was called to the scene and medics were unable to revive the man later identified as 27-year-old Victor De Andre Tiwo Hair of 1202 Main St., Buffalo.

Taylor said deputies found Hair lying on a weapon when they arrived. Hair had been shot while inside the home after he kicked open the front door brandishing a weapon.
More Here

AL: Domestic Defense, Justin Tyler Bland Shot by family member



Police say a Dothan man shot twice Monday by a family member is now in jail on burglary charges.


Justin Tyler Bland, 31, of Dothan, was arrested Monday, and charged with first-degree burglary.
More Here

Followup KY: Woman Shot as Police Execute Warrant at Wrong Address

The family says the police did not knock, and did not announce themselves. The police say they did. I hope there is video.

Breonna Taylor, an EMT worker, died on March 13 after officers with the Louisville Metro Police Department executed a search warrant at the wrong home, the suit states.

Police at the time said the officers knocked on the door several times and “announced their presence as police who were there with a search warrant.” The officers forced their way in through the door and “were immediately met by gunfire,” Lt. Ted Eidem said at a March 13 press conference.

Taylor's death gained national attention this week after the family hired attorney Ben Crump, who is also representing the family of Ahmaud Arbery, the black man in Georgia who died on Feb. 23 after being pursued and shot by two white men.
More Here

Followup ID: Fatal Shooting of Zachary Stinson by Jesse Peterson was Self Defense



When police arrived, they discovered Jesse Peterson, one of the men involved in the fight, shot Stinson once in the neck, killing him. After Idaho State Police finished their investigation, they turned the case over to the Lemhi County Prosecutor’s Office.

Peterson said he was involved in an argument with Stinson. He admitted to firing the shot that killed him. But, according to investigative documents, all of his actions were taken in self-defense. No charges were filed against Peterson, and he was never arrested.

Peterson’s claim of self-defense is valid under Idaho law.
More Here

TX: Homeowner Fatally Shoots 1 of 2 Burglary Suspects



CORPUS CHRISTI, Texas — A burglary suspect was fatally shot by a homeowner on North Beach.

Police say a man and a woman entered the home on Snug Harbor Driver overnight, forcing the homeowner to shoot at least once.
More Here

Horrific Murder and Felony Firearm in Flint, Michigan: Three Family Members Charged

Raymonyear Trayvon Bishop and Larry Edward Teague

Image from Genessee County Prosecutor Office

On Friday, 1 May, 2020, at about 2 p.m., Calvin Munerlyn, 43, a security guard at a Dollar Store in Flint, Michigan, was shot and killed. 20 minutes earlier, at about 1:40, he had confronted a woman, Sharmel Lashe and her daughter,  and ordered her daughter to wear a mask in the store, as required by Michigan Governor Gretchen Whitmer. Stores are allowed to refuse service to customers if they are not wearing a mask.  The daughter left, but Sharmel got into an altercation with Calvin Munerlyn. Sharmel is reported as spitting on Munerlyn, then leaving in a red GMC Envoy.

Detroit News reports the event is recorded on surveillance video.

20 minutes later, security cameras showed Sharmel's husband, Larry Edward Teague, 44, and her son, Ramonyear Travon Bishop, 23 arriving at the store in what appears to be the same vehicle. They confronted Munerlyn. The video is reported to show Bishop shooting Munerlyn, who was shot in the back of the head, and killed.

Genesse Count Prosecutor David Leyton has filed charges against the three suspects.

Sharmel Lashe has been arrested on a first degree murder charge and a firearms felony charge.

Her son, Ramonyer Travon Bishop, and her husband, Larry Edward Teague, are being sought. They have been charged with first degree murder charges, felony firearms charges, and carrying a concealed weapon charges.

Larry Edward Teague is additionally charged with possession of a firearm as a convicted felon, a felony, an additional felony firearms charge, and violating the Governor's order, a misdemeanor.

Michigan's felony firearm law is somewhat unusual. It carries a mandatory minimum sentence of two years in prison for a conviction of possession of a firearm in the commission or attempted commission of a felony, any felony. The mandatory prison term is extended to five years for a second conviction, and ten for a third conviction. from legislature.mi.gov:
 750.227b Carrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.

Sec. 227b.


  (1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.
Prosecutors routinely overcharge in order to have material to plea bargain with. It does not seem necessary in this horrendous crime, captured on video; but I am not the prosecutor in this case, nor am I a lawyer.

This was a nasty, unnecessary murder. No testimony has been released as to what was said between Sharmel, Ramonyer, and Larry Edward Teague. 

So far, only one firearm is mentioned in this case. As a juror, I would want to know if two people could simultaneously be convicted with possessing a concealed weapon, and if a person some distance away from the crime scene could also be convicted of possessing the same weapon. It would depend on Michigan statutes, case law, and precedent.

Perhaps there is video of one man passing the firearm to the other; it is not said. Notice how the charge stacks. The first charge is a mandatory two years in prison. The second firearm felony is a mandatory five years in prison. In the case of Larry Edward Teague, that is seven mandatory years in prison before the concealed carry and first degree murder charges, and felon in possession of a firearm sentences start.

The first question a good lawyer might ask Larry Edward Teague:  Did he know his stepson had a pistol in his possession?

AP reporters Corey Williams and Mike Householder worked hard to tie the murder to peaceful protests by Second Amendment supporters at the Michigan legislature. From apnews.com:
On Thursday, gun-carrying protesters and other demonstrators rallied inside the state Capitol, calling for coronavirus-related restrictions to be lifted. Some protesters with guns — which are allowed in the statehouse — went to the Senate gallery. Some senators wore bulletproof vests.
There is no evidence the murder had any political motivations, yet David Leyton, the Democrat prosecting attorney for Genesee County, Michigan, attempted to tie the crime to politics.
“The hostile tone that we have seen in recent days on television and in social media can permeate our society in ways we sometimes don’t fully realize or anticipate,” Leyton told reporters Monday. “Decisions like staying home when we can, wearing a mask when going to the store and staying a safe distance from those around us — these should not be political arguments. They don’t necessitate acts of defiance, and we simply cannot devolve into an us versus them mentality.”
Leyton says wearing a mask should not be political, implying the murder was politically motivated, when there was no evidence of political motivation.

A person has to twist their logic in pretzel shapes to smear peaceful protestors with an irrational murder.

It has become fashionable to have enhanced sentences for possession of a firearm in the course of a crime.

There are downsides to that policy. It singles out firearms for demonization; it increases the legal liability of firearms ownership; it conveys the message that, somehow, firearms are intrinsically "bad".

As surveillance cameras become evermore common, it becomes more and more difficult for criminals to avoid being convicted for serious crimes.

This may be one reason the crime rate has been on a downward trend, overall, over the last two decades.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch





Wednesday, May 13, 2020

SC: Domestic Defense, Armed Neighbor Shoots Ex Attempting Murder of Former Girlfriend and Baby



The woman had run across a busy street to Moore’s home, looking for help, after 26-year-old Victor Hair broke into her home and started shooting.

“They were in a relationship and we had answered a domestic call over here a few days ago,” Union County Sheriff David Taylor said. “We had active warrants on the suspect.”

“I didn’t ask her anything. Just as long as she was safe, it was none of my business,” Moore said.

Sheriff Taylor said another man in the home fired back at Hair.

When emergency crews arrived on the scene, Hair was found lying in the front yard. He died from his injuries.

More Here

AZ: Armed Samaritan Shot and Killed by 17-year-Old

Police said after DeLegge turned his attention back toward the other three, the 17-year-old removed a revolver from his pants pocket, approached DeLegge and shot him through the right cheek. DeLegge was rushed to the hospital where he was later pronounced dead.

More Here

SC: Domestic Defense, 16-Year-Old Shoots Step-Dad to Defend Mother, with Pistol he Handed Her



North Charleston police said they’re not planning to a charge a 16-year-old girl with shooting her mother’s husband after hearing she did so in self-defense.
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KY: Armed Homeowner Shoots 1 of 4 Home Invaders



It happened Friday at a home in the Keavy community.

Deputies with the Laurel County Sheriff's office tell WYMT the group attempted to rob the homeowner, who ended up shooting one of them.
More Here

Tuesday, May 12, 2020

Ky: Man Justified in Shooting Deranged Driver who Weilded Ratchet

In this altercation, the shooter thought the aggressive man had a gun, when he had a ratchet. After an investigation, officers believe he was justified in shooting and wounding the aggressor.

The driver told officers the unknown male got out of the car. He tried to as well but could not open his door. He said the unknown male appeared to have a handgun and was approaching his vehicle.

The driver of the Camaro said he feared for his life and pulled out his gun and shot the unknown male, using all three rounds in the magazine.

More Here

MD: Body Camera Video of Man with Gun Charged by Man with Knife


Police late Friday released video of the shooting, which happened Thursday evening in the 1500 block of Hadden Manor Court in White Oak:

Police say they first responded to the scene on a call of a disturbance involving a man with a knife in a residential parking lot.

More Here   The video requires watching an ad

MD: Man with Handgun Wounds Attacker who Fired on House with Rifle



Diane Richardson, a spokeswoman for the Charles County Sheriff's office, says Dr. De Quang Tran walked onto the front lawn of a home on Spring Oak Drive on April 26th and began shooting at the house with a rifle.

The homeowner inside, who has not been identified, returned fire with a small caliber handgun, wounding Dr. Tran, Richardson said.
More Here

Monday, May 11, 2020

Canadian Cops Take Down Star Wars Storm Trooper During Restaurant Promotion (video)







Link to video

On 4 May, a small restaurant in Alberta, Canada was using a person with a Star Wars stormtrooper costume as a promotion.  The Coco Vanilla Galactic Cantina is located at 531 13th St. North, in Lethbridge, Alberta, Canada. The promotion was on the unofficial Star Wars Day, "May the 4th be With You".





The police in Lethbridge decided to do their own interpretation of stormtroopers.

The 19-year-old woman who was employed by the Cantina as a draw, was assaulted by the police at gunpoint for having the temerity to wear her Storm Trooper costume with a plastic blaster.  Most of the interaction was caught on video.

In the police completely overreact. They draw guns on the young woman in the Star Wars costume and order her to get down. This is difficult to do in a hard plastic costume, as she attempts to explain. The Canadian police will have none of it, even after the restaurant owner tries to tell them it is a promotion.

There was no reason to require the woman to get down on the ground and be handcuffed after she puts down the toy gun.

When the videographer comes up to video, they one of the police tells him to leave, or  he will be arrested. He backs off, but continues to video. Then a police officer in police truck drives between him and the victim, and blocks his recording angle.

The Canadian police appear to be carrying Sig equipment. The long gun used by the officer confronting the Storm Trooper looks like a Sig 551. The sights, flash hider and fore end are distinctive.

Lethbridge police rifle, side view, twitter





Sig 551 from wikipedia

The police firearm has a flash hider, short barrel, pistol grip, folding stock, and standard 30 round capacity magazines. How do the Canadian police find all those things useful, when they are precisely the things Americans who want the public disarmed, find abhorrent? 

The Lethbridge police use Sig P226 pistols in .40 caliber, according to wikipedia.

The incident has drawn international attention. One commenter on the Lethbridge police facebook page, Chris Laidlow, posted a clip of a Star Wars movie and made this comment:
You people are so pathetic and stupid. You humiliated our entire country and you dint even have the bells to apologize.

You are simply the worst.
Canadian police are considered to be more familiar with firearms than Australians. It made the news when Australian police took down a man walking on the beach with a 1/3 scale plastic, toy rifle.   The Australian incident happened a year ago. The Australians had the excuse of a law requiring replica guns to be registered the same as real guns.

Perhaps that is anticipated in Canada.  In the United States, those pushing for a disarmed population have been pushing for a ban on toy guns for decades. New York City banned black, blue, and silver toy guns in 1955.

It is reasonable for police to respond to a "man with gun" complaint. Requiring a promotional actor to get on the ground and be handcuffed after they have been disarmed of a plastic toy, and have been told it is a promotion; seems beyong reason.

The incident is being investigated by the Lethbridge police. 

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

PA: Off-Duty Officer Shoots Man who Lunged at him with Scissors

An off-duty officer shot a man who lunged at him with a pair of scissors, Philadelphia police said.

More Here

MO: Gun and Knife fight at Residence in Bonne Terre



Calvert said Wann reportedly entered the residence and "slashed and cut" a man at the residence, also believed to be in his mid-30s. Officers believe the injured man then retrieved a handgun and shot Wann. The two men knew each other.
More Here

Sunday, May 10, 2020

GA: Armed Samaritan Stops Beating of 86-Year-Old



"He pulled him out of his house and started beating him," said Gravley.

That's when the neighbors heard Lee's wife scream for help and came running.

"Grabbed his gun, came down, tried to intervene and stop the fight," said Gravley.

Those neighbors say the attacker turned on them. He punched one in the jaw and tried to take the gun away from the other. That's when they fired two shots, hitting the attacker.

"I think all this was so useless, so awful," said Gravley.
More Here

NE: Victim Shoots at Home Invaders, They drop the Goods and Run




The state patrol said the suspects broke into the man's home just before midnight late Tuesday May 5. The suspects beat the man and stole multiple firearms and ammunition. The patrol said the victim fired multiple shots at the suspects as they were leaving the home, after which they dropped most of the stolen property. The stolen firearms were recovered and returned to the victim. The patrol said only some ammunition was still missing as of Thursday afternoon. A patrol spokesperson did not have information about the kind of gun used by the victim to shoot at the suspects.
More Here

Saturday, May 09, 2020

ME: Man Attempting Break-in Shot and Wounded by Homeowner



The homeowner reported a man was trying to come through a bedroom window then started banging on the outside of the home with a hammer type tool.

Police say the 22-year-old man never got inside and was shot in the shoulder by the homeowner before police arrived.
More Here

TX: Armed Houston Clerk Shoots, Kills 1 of 4 Robbery Suspects



HOUSTON — A clerk shot and killed at least one suspect when a group of alleged robbers forced their way into a store along Highway 90 in northeast Houston overnight.
More Here

TX: Gunfight, Robber Armed with Rifle Shot by Victim who Accessed Handgun



Jones, still armed with the rifle, had attempted to rob a man and woman, who were crabbing, at gunpoint police said.

At some point after Jones demanded money and property from the two, the man was able to get to his car and grab his handgun.

The two men then got into a shootout and Jones was shot several times and died at the scene, police said.
More Here

Friday, May 08, 2020

U.S. Outlier in Mass Public Shooting Events, or Mass Shooters?


Image from wikimedia commons 

In 2016 Adam Lankford of the University of Alabama, published a paper examining the distribution of mass shooting/mass shooters around the world. The published result was the United States had a disproportionate number of these rare events.  Lankford's study showed the United States had 5% of the world's population, but 31% of the the mass shootings/mass shooters, as defined by Lankford.  It has become clear that Lankford was looking almost exclusively at single perpetrators, though he included about 2% where two people were involved. Lankford excluded terrorist attacks he identified as "sponsored" terrorism, but included some terrorist attacks.

John Lott questioned Lankford's finding based on the definitions used in the paper, which treated mass shootings and mass shooters as equivalents, although it was not precisely clear which definition was of a higher priority.

There is a discussion by both sides featured in Econ Journal Watch from March of 2019. Here is a link to John Lott's and Carlisle E. Moody's critique and Adam Lankford's reply.

Lott and Carlisle's critique relies heavily on definitions. They show, if the definition used by the FBI in its 2014 active shooter report, referenced by Lankford, is rigorously followed, then Lankford's paper is misleading about mass public shootings in the rest of the world. They agree the United States has more single perpetrator public mass shootings than other parts of the world. They show many other parts of the world have many more public mass shootings than the United States, with multiple perpetrators. One of Lott and Carlisle's critiques is that Lankford refused to release the data his study is based upon.

Lott and Carlisle provide links to the data they used in their study, which was not limited to single perpetrator public mass shootings. Using the FBI's definition, which does not exclude terrorism, Lott and Carlisle find the USA has 2.9% of public mass shootings for 4.5% of the world's population.

Lott and Carlisle examined data from 1998 to 2012. They state finding data of any earlier crimes is extremely difficult, especially for events before use of the Internet became common.

Lankford looked at data from 1966 to 2012. Lankford has been regularly criticized for not releasing his data and for the difficulty of finding rare events in non-English speaking countries that occurred decades ago.

Adam Lankford, in reply, admits his definitions could have been more precise. He makes the argument it makes no practical difference because the definitions are about 98% congruent. That appears to be true in the United States. It is not so clear in the rest of the world. He claims the Lott and Carlisle data supports his claims for single perpetrator mass shootings.

The definition of a public mass shooting has a long history of confusion and contention. Multiple definitions have been used. Definitions have political implications. Former Prime Minister John Howard used a changed definition of mass shooting to claim Australia had no mass shootings after the highly restrictive gun laws in Australia were put in place in 1997, after the public mass shooting at Port Arthur in 1996.

The definition used in Australian studies before 1996 was four victims shot and killed, and included private murders. In 2014 Geoff Hunt killed himself and four family members. It was a domestic killing, with Hunt killing his disabled wife and children. The Australian definition did not exclude domestic, gang, crime or terrorist murders. The definition was changed to five victims shot and killed, apparently to exclude the Hunt murders. From smh.com.au:
 “I don't believe we were on the cusp of going down the American path,” Howard said. “But I do think the gun laws have had the practical value of reducing the mass slaughters. There were 13 before the new laws; and if you define such an event as five or more victims,  there have been none since.

The National Institute of Justice in the United States has recognized the problem of definitions when studying mass shootings. They considered incidents, not perpetrators.  From nij.ojp.gov:
The literature does not define “mass shooting” consistently, or even in similar contexts. The federal criminal code lacks a distinct mass shooting offense; this may help explain why researchers use different terminology, or types of criminal offense, in their analyses of the same phenomenon.[5]

Among the 44 studies analyzed, the most common definition of a mass shooting is an incident in which four or more victims are killed with a firearm in a public place (48%). Several studies defined the offense as an event during which as few as two (5%) or three (9%) victims are killed, whereas more than one-third of the studies more broadly defined the term as an incident in which multiple victims are killed (38%). Others either defined a mass shooting incident as having a minimum of five victims or did not specify a victim threshold.

The definitions in the analyzed studies include incidents that take place in publicly accessible spaces such as schools, workplaces, places of worship, and businesses. The incidents are also defined as a single, continuous event within a short time frame, but the specific time frame can vary. The definitions often exclude ideologically motivated terrorist acts as well as gang, drug, and other shooting incidents that resulted primarily from the commission of other crimes, such as aggravated robbery, familicides, and domestic violence. Some of these studies, however, do not specify whether certain types of offenses were excluded from the definition.
Some definitions of "mass shooting" include all incidents where 4 or more people were injured or killed, regardless of the context.

In Lankford's response to Lott and Carlisle's critique, he uses several examples from their data set, which is publicly available. Lott and Carlisle are hindered, somewhat, because they do not know exactly what incidents Lankford included in his data set, and which incidents he excluded.

A major contention is over what proportion of mass shootings, where the number of perpetrators is unknown, could be assumed to be 1, or perhaps 2 perpetrators, in the international data. Data gathered from open sources, such as online newspapers from foreign countries, is spotty. Better reporting in the United States is likely to show a bias against the United States.

Lankford's paper showed no correlation between the homicide rate or the suicide rate in a country, and the number of mass shootings. It showed a correlation between firearms ownership in a country and the number of mass shootings. This implies there would be no correlation between firearm ownership and either the homicide rate or suicide rate in different countries.

Other researchers have found there is no correlation between firearms ownership and homicide or suicide rates among all countries. There are studies which show a correlation of gun ownership and gun homicides or gun suicides, but this is irrelevant. It makes no difference if homicides with guns or suicides with guns are reduced, if the overall homicide or suicide rate is unaffected or increases. There are studies which bias the result by carefully picking which countries to compare, excluding some and choosing others.

This popular paper in Medium takes a relatively unbiased look at international statistics and how they are manipulated with relationship to gun data. One of the primary methods is to only look at "gun deaths" instead of homicide or suicide rates.

Without Lankford's data set, it is impossible to know if his data would confirm that gun ownership levels are not correlated to homicide or suicide rates in different countries.

It is of interest, because Lankford cites several studies which claim a correlation between suicide and homicide and gun ownership inside the United States. It is difficult to determine the number of gun owners in each state. Typically, proxies are used. Lankford was apparently not interested enough to determine if those papers would be contradicted by the international data.

Looking at mass shootings only is a way to look only at gun deaths.

It is overall homicides that matter, not only homicides with guns. Similarly, it is overall suicides that matter, not suicides with guns.

The international data is fairly clear that gun ownership, by itself, does not increase homicide or suicide rates.

It may be the United States has a significantly higher rate of single perpetrator mass murder shootings than other countries. It is irrelevant if the overall homicide rates are not affected by gun ownership.

In his paper, Lankford makes a statement about the Australian experience with extreme gun control. He states:
It may take more cases of unambiguously successful gun control, such as Australia’s, to begin to gradually change America’s gun culture. Or it may take more scholarly research which provides empirical evidence of the link between firearms availability and public mass shootings and thus shows that policymakers and legislators may be able to directly influence the prevalence of these high-lethality crimes.
The Australian gun control scheme has been far from unambiguously successful. Several papers have shown no significant effect on homicides or suicides. Using Lankford's apparent definition of public mass shooting, Australia had four in the 25 years previous to 1996, and one in the 23 years after 1996 (not the Hunt murders. This event occurred after the John Howard statement, in Darwin, in 2019). The numbers are so small as to be statistically meaningless.

Even the small, statistically meaningless numbers may be explained by the change in the coverage by Australian media. Before the 1996 mass murder in Port Arthur, the Australian media had intense coverage of mass shootings. The Port Arthur killings were an example of media contagion. The perpetrator, during the trial, repeatedly asked if he had "broke the record".  After Port Arthur, having attained the desired policy change, the Australia media coverage of mass shootings changed considerably. Having lived in Australia for 9 months in 2017, 2018, and 2019, I am relying on my personal observations from Australian media, and from records of the media before Port Arthur.

Lankford has shown the United States has a culture which uniquely values "fame", and whose media elite glorify mass killing by gun beyond most other cultures.
Unfortunately, many American public mass shooters also seek fame and glory—but they obtain it through killing—and the media coverage they receive in the United States seems to give them exactly what they want (Langman, 2015a; Lankford, 2013; Lankford & Hakim, 2011; Larkin, 2009; Newman et al., 2004).
It seems plausible the media contagion effect drives the American mass shooting phenomena more than the American high level of gun ownership.

Lankford notes the level of American gun ownership is difficult to change. Media contagion may be more amenable to change than levels of American gun ownership. The American media, collectively, changed their policy on publicizing celebrity suicides, when it was learned that suicide clusters were fostered by media contagion.

The policy was voluntary. Given major media's commitment to promoting restrictive gun policies, it is unknown if voluntary cooperation in reducing mass shootings is possible, given the current major media ideological orientation.

Definitions and data sets are important. One of the keys to replicating scientific research is to have the data sets publicly available.  Papers which restrict access to the data used in the paper are subject to deserved skepticism.

Lankford does not appear to consider any of the costs of gun restrictions. Costs are important.

It is bad policy to change society based on extremely rare events, events covered by an ideologically driven media to obtain a specific policy which media elites desire.

It is as if, having exhausted homicide and suicide to justify restrictive gun controls, those who desire an unarmed society have turned to extremely rare events to justify their policy choices. It is a common way to manipulate the democratic process.

In April of 2020, a Canadian who was prohibited from legally obtaining firearms went on a murder rampage, killing at least 22. Nine of the deaths were reported to have been by arson.

It does not appear any of the firearms used by the Canadian were legally obtained, or were semi-automatic firearms demonized by the Canadian Prime Minister as "assault weapons".

The Prime Minister used the horrific event to launch his desired ban on the so-called "assault weapons", which do not appear to have been used in the crime.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Woman uses Shotgun to Shoot Ex who Broke into her Home



SAN ANTONIO – A 33-year-old woman opened fire on her ex-boyfriend moments after he broke into her home Wednesday night, San Antonio police said.

The man, identified as Javier Manuel Plata, 24, died following the shooting at the home in the 10300 block of Lynx Crossing, according to police.
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NY: Armed Man holds intruder for Police

Video of a man holding an intruder for police. It appears to be in an olutside walled courtyard.

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Thursday, May 07, 2020

The Supreme Court Moves 10 Second Amendment Cases to Conference on 1 May, 2020

Dean Weingarten in Front of Supreme Court of the United States


When the Supreme Court agreed to hear the New York Rifle & Pistol case in 2019, it was big news. The lower courts in the circuits hostile to the Second Amendment have been busy rendering the Second Amendment a second tier Constitutional right. Some members of the Court, notably Justice Clarence Thomas, had written about it.

A few days ago, the Court ruled the New York Rifle & Pistol case was moot. Four justices indicated they should grant a writ of certiorari (hear the case) of another Second Amendment case. The strong implication was the split in the courts and poor treatment of the Second Amendment by several appeals courts made taking a Second Amendment case important.

It takes four Supreme Court justices to agree to hear a case (grant a writ of certiorari). Four justices say they want to hear a case.

There are at least ten Second Amendment cases in the pipeline, waiting to be heard at a Supreme Court conference, where the decision to grant a writ of Certiorari will be made.

Ten Second Amendment cases have been scheduled for the Supreme Court conference to be held Friday, 1 May, 2020. Hat tip to Second Thoughts Blog at Duke. Those cases are shown in the list below. The link on the name of the case is to the Supreme Court case history and assignment to the conference. The second link is to documents showing the particulars of the case. The ten cases are:

 Mance v. Barr
 A challange to the ban on out of state handgun purchases in the 5th Circuit (Texas).

Rogers v. Grewal
A challenge to the NJ may issue carry permit scheme in the 3rd Circuit.

Pena v. Horan
A challenge to the microstamping and restrictive "approved" handgun roster in California in the 9th Circuit.

Gould v. Lipson
A challenge to the restrictive Massachusetts may issue ownership and carry permit scheme in the 1st circuit.

Cheeseman v. Polillo
A challenge to the NJ may issue carry permit scheme in the 3rd Circuit.

 Ciolek v. New Jersey
A challenge to the NJ may issue carry permit scheme in the 3rd Circuit.

Worman v. Healy
A challenge to a ban on common firearms described as "assault weapons" and magazines with capacity of more than 10 rounds in the 1st Circuit.

Malpasso v. Pallozzi
A challenge to the Maryland extreme may issue carry permit scheme in the 4th Circuit.

Culp v. Raoul
A challenge to the Illinois refusal to issue carry permits to residents of  some states, in the 7th Circuit.

Wilson v. Cook County
A challenge to an on ban on common firearms described as "assault weapons" and magazines with capacity of more than 10 rds in Cook County, Illinois, in the 7th Circuit.

The ten cases above were appealed to the Supreme Court from November of 2018 through November of 2019.  Some of them have been held for conference, waiting on the resolution of the New York Rifle and Pistol case, which has now been ruled moot by the Supreme Court.

Six of the ten cases are about permits to carry. Two are about bans on widely owned and popular firearms, variously defined as "assault weapons". One is about federal restrictions on the purchase of handguns across state lines, the other about numerous and prohibitive restrictions on what handguns may be purchased in California.

In addition to the ten cases above, the Supreme Court has asked the City of San Jose to submit a brief in Rodriquez v. City of San  Jose.

No one knows how many of the ten cases will be granted a writ of certiorari, if any. Several of the cases could be lumped together.

We should know the results on Monday,  4 May, 2020.

Update: No cases were granted a writ of certiorari. 

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch




TX: Gunfight, Car Burglary Suspect Killed in San Antonio



SAN ANTONIO - A suspected car burglar is dead after getting into a shootout with the car owner early Tuesday morning.

The shooting took place just before 3 a.m. at a home on Deely Place near S. Flores Street on the South Side.

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Wednesday, May 06, 2020

GA: Resident Shoots, Kills Man in Fayetteville who Attempted Forced Entry



Update 3:55 p.m.: No charges are expected in the death of a man yelling aggressively and banging on doors in a Fayetteville subdivision, who was subsequently shot by a resident of one of the homes after reportedly trying to gain entry.

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KY: After Several Warning Shots, Homeowner Captured Burglary Suspect



The Boone County Sheriff’s Office says a man is behind bars the worse for wear after he tried to burglarize a home and was shot at and collared by the homeowner.
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Tuesday, May 05, 2020

MO: Armed Victim Shoots two Robbery Suspects, Kills One

Armed thieves were shot, one of them fatally, by a man they tried to rob on Wednesday night in south St. Louis, police say.

 Officers were called at 10:38 p.m. to the 5300 block of South Compton Avenue for reports of a shooting. When they arrived, they found one man, whom they're still trying to identify, dead on the ground. They then found his partner nearly two miles away in the 4200 block of Schiller Place, police say. He had been shot in the thigh.

Police say the two men approached a 31-year-old, pulled out a gun and tried to rob him. The would-be robbery victim, however, shot both men.

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MD: Resident says he Shot at Masked Intruder

-COLUMBIA: A resident said a male suspect, with his face partly covered, entered the home, at 6 a.m. April 28 on Quiet Hours. The resident said he confronted the suspect and fired a gun, but missed the suspect. The suspect then fled without taking anything. There were no signs of forced entry. The investigation is ongoing.

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NC: Homeowner Justified in Shooting Death of Intruder

TABOR CITY, NC (WWAY) — The Columbus County District Attorney’s Office has determined that a homeowner was justified when he shot and killed a man in his home.

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AZ: Domestic Defense? Wife Shoots, Kills Retired Officer

Steve Bassett died more than a week after police say he was shot by his wife, Teri Bassett, inside their Mesa home, near Higley and Brown.

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NC: Off Duty Officer Shoots Man Involved in Shooting at Apartment Complex



The shooting happened around 5 p.m. in the 4300 block of Emerald Forest Drive at the Emerald Place Apartment Complex off of NC-54. An off-duty officer who lived at the apartments heard shots and went to investigate, Durham Police said. The officer found a man on the ground suffering from a gunshot with another man standing next to him.

DPD said the officer tried to investigate what happened and "during the interaction" shot the man standing nearby. That man was taken to the hospital with serious injuries.
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Monday, May 04, 2020

CA: Homeowner Shoots at Burglar Suspects to stop Vehicular Assault



Two suspected burglars were arrested after they fled a Sunol residence when the homeowner shot at their vehicle as they tried to run him down.

The suspects were arrested Tuesday in Union City after a pursuit by Alameda County sheriff's deputies.
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MO: Resident Shoots, Wounds Home Invader



Bailey said one of the residents told police that someone broke into their home and shot at them, so they returned fire.

Bailey said the suspect in the break-in was shot and later taken to the hospital in serious condition.
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AR: Dollar Store Employee Shoots, Kills, 45-Year-Old Keith Cobbins in Little Rock

LITTLE ROCK, Ark.- Little Rock Police say an employee at the Family Dollar on Dr. Martin Luther King Drive shot and killed a man Wednesday evening.

More Here


IL: Intruder Attempting to Break in, Shot by Resident

Authorities said a person tried to enter an occupied apartment by force. A resident shot a firearm through the door and hit the intruder as the door started to break open.

More Here

Sunday, May 03, 2020

LA: Armed Victim is Wounded, Kills 1 of 3 Attackers


BATON ROUGE, La. (WAFB) - The intended target of an attempted armed robbery acted in self-defense during a deadly shooting Thursday night on East Smiley Avenue, according to investigators.

The Baton Rouge Police Department reported Tony Falgout, 18, was killed when he and two others tried to rob a 26-year-old man around 9 p.m. in the 2200 block of E. Smiley Ave. The victim of the armed robbery is hospitalized with life-threatening injuries, police said.
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Saturday, May 02, 2020

Gun Controls Fail: Canadian Mass Murderer Prohibited Possessor


Location of mass murders in Nova Scotia, Canada, April, 2020

The restrictions Canada has placed on obtaining, keeping, and using firearms failed entirely in the recent mass murder case in Nova Scotia. I refrain from using the murderer's name.

Canadian restrictions on gun ownership failed. The murderer had plead guilty to an assault charge in 2002. He paid a $50 fine, and served probation for nine months. He then had a lifetime ban on owning firearms.  From nypost.com:
Authorities said Wortman did not have a police record, but information later emerged of at least one run-in with the law. Nova Scotia court records confirm he was ordered to receive counseling for anger management after pleading guilty to assaulting a man in the Halifax area on Oct. 29, 2001.

The guilty plea came on Oct. 7, 2002, as his trial was about to begin. He was placed on probation for nine months, fined $50 and told to stay away from the man, and also prohibited from owning or possessing a weapon, ammunition or explosive substances.

Mass shootings are relatively rare in Canada. The country overhauled its gun control laws after Marc Lepine shot 14 women and himself to death at Montreal’s Ecole Polytechnique college in 1989. Before the weekend rampage, that had been Canada’s worst mass shooting.
Authorities have not released much information about what firearms the murderer used in his killings. We know he took one handgun and magazines from the RCMP officer he killed. The standard issue handgun for the RCMP is the Smith & Wesson 5946 9mm. It is a  a stainless steel, double action only version of the S&W model 59 series. The magazine holds 15 rounds of ammunition.  It has been reported the killer used one handgun and several long guns. From the CBC.ca:


Investigators are trying to piece together how Gabriel Wortman was able to obtain the handgun and long guns he used last weekend in a deadly rampage through rural Nova Scotia, including how some made it across the Canada-U.S. border.

Police have traced one of Wortman's weapons back to Canada, but believe the others may have been obtained in the United States, the RCMP revealed on Friday.
It is unlikely the killer used any "military style" semi-automatic rifles, because, if he had, it would have been reported. It would be in Prime Minister Trudeau's interest to have it reported.

In the former Soviet Union, people deduced what was happening by what was *not* said.  I suspect, eventually, we will know precisely what firearms were used; at the moment, it may suit the PM's purpose for that information to be withheld.

PM Trudeau is pushing for a ban on "military style firearms", although they are seldom used in crime in either the United States or Canada. Handguns have been tightly controlled in Canada since 1935. It is common for those who push for a disarmed population to use an unrelated crime to push for controls which would have had no effect on the crime being used.

Those who wish a disarmed population are never satisfied. Their cannot admit their  policies were wrong; a failure always results in a call for more restrictions.

The murderer was a fairly successful denturist (someone who makes dentures), and is reported as owning several properties in Nova Scotia. His business had been shut down during the Coronavirus restrictions, for the previous month before the murders.

It has been reported he and his girlfriend argued at a party, that they then returned home; the argument  become violent. The denturist tied up or restrained the girlfriend in some way. She escaped and hid in the woods.  Then the killer starts his killing spree.  The exact timing is not yet known.

There has not been any official speculation as to whether business losses from the Covid19 shutdown, or the knowledge that the girlfriend escaped, were triggers for the killing spree.  The Royal Canadian Mounted Police continue to investigate.

Strong restrictions on the ownership of firearms has proved ineffective in preventing violence by a person who has assets and is not concerned with losing them. The murderer burned down his own home at the start of the spree. He had plenty of money to accumulate unregistered guns over his life.

Mass killers often do not expect to survive their rampage, although some do.

Reducing the number of legal firearms seems to have little effect on the acquisition of firearms for illegal purposes.

India and China have had strict firearms control in effect for many decades. The Small Arms survey shows tens of millions of illegal firearms in both countries.

Brazil has had strict firearms controls, and a relatively small number of legal guns, yet it has had a very high murder rate with firearms.

In Australia, a jeweler, with similar skills to a denturist, made over a hundred submachine guns for the black market.  Similar submachine guns have been made in Canada, and all over the world.

Home and small shop manufacture place a physical limit on how effective gun control can be.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch












GA: Self Defense Shooting in Richmond Hill at Royal Inn


It happened just after 11:40 pm at the Royal Inn hotel near I-95. The shooter was arrested and after questioning was released due to self-defense; no charges were filed.

Richmond Hill Police say the shooting happened after an argument in one of the rooms at the Royal Inn. They say the people involved are not from here and shootings are pretty unusual for their department.
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Friday, May 01, 2020

Supreme Court Punts Second Amendment Case back to Lower Courts

Dean Weingarten in front of  the Supreme Court of the United States




The long awaited ruling on the New York State Rifle & Pistol Association v. City of New York, was issued on 27 April, 2020.  The Supreme Court resolved almost nothing.  The Court held the case was moot, because the City of New York and the State of New York changed their law, so as to prevent the Court from ruling on the case. The Court merely maintained the unsatisfactory status quo of the Second Amendment in the lower courts.

This is exactly what those who oppose a meaningful Second Amendment demanded of the Court.

Here is a brief summation of the history of the case. Seven years ago, in 2013,  the suit was brought against the City of New York and the License Division, by several individuals and the New York State Rifle & Pistol Association.

The restrictions on the exercise of Second Amendment rights were, and are, extreme. A carry license is nearly impossible to obtain without political connections. A premise license is slightly less difficult, but still involves large expenses and commitments of time and energy, and may be denied for a host of minor reasons.  Only about 1.29% of city residents have been issue handgun licenses. People who have premises licenses were not allowed to take their handgun outside the city. The lawsuit asked the court find the law unconstitutional. From the dissent on April 27, 2020:
According to the complaint, the City, by limiting licensees like petitioners to the seven ranges in the City, imposed a serious burden on the exercise of their Second Amendment right. App. 36. 
The amended complaint’s prayer for relief sought an injunction against enforcement of the travel restriction, as well as attorney’s fees, costs of suit, declaratory relief . . . and “[a]ny such further relief as the [c]ourt deems just and proper.” Id., at 47–48 (emphasis added).
The City of New York argued the restrictions did not infringe on the Second Amendment. They argued the restrictions were absolutely necessary for public safety.

 The District Court agreed.

The plaintiffs appealed to the 2nd Circuit Court of Appeals.

The Court of Appeals in the Second Circuit agreed with the City of New York.

The plaintiffs appealed to the Supreme court. During this entire period, the City of New York held the law was absolutely necessary for public safety and did not infringe on the Second Amendment at all.

The Supreme Court decided to hear the case, by granting a writ of certiorari, the usual way.

The tactic of the City immediately changed. Faced with a near certainty the law would be found unconstitutional, they changed the law as little as they believed necessary to prevent the court from hearing the case, convinced the state legislature to back them up with a change in state law, and argued the case was now moot (no longer a live controversy).

In oral arguments, they admitted the law was not really necessary for public safety at all.

The Supreme Court initially refused to accept the case was moot, but with the recent decision, finally bowed to political pressure from the left.

The Supreme Court has avoided nearly all substantive Second amendment cases for a decade.

Justice Kavanaugh concurred with the decision, but said the court should address the issue by taking another of the several Second Amendment cases which have been appealed to the Supreme Court ( the plaintiffs have petitioned for a writ of certiorari).

Some of those cases are: Wilson v Cook County, Culp v Raoul, Malpasso v Pallozzi, Worman v Healey, Cheeseman v Polillo, Ciolek v. New Jersey,  Gould v Lipson, Rogers v Grewal,  Mance v Barr, and Pena v Horan, according to a discussion on freerepublic.com.

Three justices, Alito, Gorsuch, and Thomas, strongly dissented. They denied the case was moot. Their argument is persuasive.

The dissent documents the intense pressure placed on the court from the left and leftist politicians. Justice Alito, in the opening paragraph of the dissent, writes this:
By incorrectly dismissing this case as moot, the Court permits our docket to be manipulated in a way that should not be countenanced.
The dissent details how the City of New York placed extreme burdens on the ability of legal gun owners in New York to attend shooting competitions, to use ranges, in short, how it infringes on basic Second Amendment rights.  

By ruling the case as moot, the court removes the potential for the petitioners to claim attorney’s fees under 42 U. S. C. §1988. 

Many of the cases decided by the Supreme Court are intensely political. The Court has, with its decisions, removed and weakened many of the checks and balances which were built into the Constitution to limit the power of the government, and to protect the rights of the citizenry. This weakening became increasingly strong as multitudes of progressive judges transformed the court during and since the administration of Franklin Delano Roosevelt. Progressive philosophy holds the Constitution is and should mean whatever the justices on the court wish it to mean for political expediency.

Some have claimed the Supreme Court showed cowardice by finding the case moot after bringing it all the way through oral arguments. It seems silly to do so, after the Court earlier refused to rule the case as moot. This can be explained by the political structure of the current court.

The Supreme Court is split on protecting Second Amendment rights. Once again, the Court has stalemated before addressing current infringments on the exercise of those rights.

It is not generally cowardice which we are seeing, but an intense struggle between a progressive view of the Constitution and the originalist and textualist vision of accepting the Constitution as written.

Four of the justices on the Supreme Court, Justices Stephen Breyer, Ruth Bader Ginsburg , Sonia Sotomayor, and Elena Kagan are, from a leftist standpoint, and the standpoint of the old, mainstream, progressive media, heroically and desperately working to hold back the tide of originalism, which would return a semblance of the rule of law back to the Constitution and the Republic.

Three justices, Clarence Thomas, Samuel Alito, and Neil Gorsuch, are in the vanguard of restoring the rule of law and a Republic of limited power. Justice Brett Kavanaugh admits it is necessary, although he sided with the majority on this case.

Chief Justice Roberts is the one who appears to be vacillating with the winds of pressure from the media and leftist politicians.

The Left fears numerous Supreme Court decisions, which fly in the face of a common sense reading of the Constitution and the Bill of Rights, will be struck down.  They fear the efforts of 70 years of progressives to shape a Progressive Constitution will be brought to ruin. They fear the 100 year old "progressive project" will be destroyed.

The progressive left desperately hopes the coronavirus will work to defeat President Donald Trump in the 2020 elections. It is likely no Second Amendment case will be heard until after the 2020 election. 

Delay, delay, delay. It is a desperate attempt by the Left to hold onto progressive power.

Who knows? President Trump may be defeated, and more progressives appointed to the courts. A war may happen. Justice Ginsberg may live until the end of President Trump's second term. For those who remember the old tale, the horse may learn to sing.

Meanwhile, the infringements of Second Amendment rights continue. Lives are ruined by unconstitutional laws; the march toward a Brave New World, where the only freedoms protected by the Court are those approved of by Progressives, as long as they approve of them, stays in place, and may even advance a halting step or two.

To paraphrase the Left, objective conditions have changed. The old, technological realities which gave the progressives virtual control over the flow of information in the United States, and thus, political power over most politicians, are crumbling. A majority of people no longer find the old, established progressive media, credible. More people are finding ways to access multiple sources of information, which often contradict the narratives the old, elite, progressive establishment uses to maintain its power.

Change is here. The best hope to keep our freedoms is to support the Constitution and the rule of law.


©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.


MI: Man who Broke into Home Shot by Resident



Police determined the wounded man had entered the home through a window he had broken, Kaiser said.

The wounded man was taken via ambulance to an area hospital, where he remains in stable condition.

The resident was not arrested or issued a citation, Kaiser said.
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