IL: Domestic Defense? Man Shot, Woman Bit

The 56-year-old man was inside a home with two women when he began groping one of them. The woman asked him to stop but he pushed her to the ground where she grabbed a handgun out of her purse, Chicago police said.

The man pushed her again, causing the gun to go off. A bullet struck him in the neck about 2 a.m. in the 3000 block of South Michigan, Chicago police said.
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OK: Domestic Defense, Father Shoots Daughter's ex Boyfriend as He Breaks Into Home

Tulsa police are investigating after a man shot his daughter’s former boyfriend during an alleged home invasion at a midtown residence Wednesday, police said.


Tulsa Police Sgt. Kurt Dodd said the father opened fire after the ex-boyfriend forced his way into the family’s home at about 4:35 p.m. in the 2300 block of South College Avenue. The man, whose named wasn’t released but is believed to be in his 20s, was struck twice in the chest.
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TX: Domestic Defense? Disarm and Shooting

A man and a woman with a personal relationship were arguing when the suspect, 40-year-old Homer Hampton, grabbed the woman around the throat and strangled her, police said.

Hampton had a gun, and the victim was able to take it and point it at him. The victim then shot Hampton in the face after he charged at her. Police said the gun fired either in self-defense or on accident.
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Followup WA: Shooting of Cody T. Brooks appears to be Self Defense

GORST -- Detectives investigating a fatal shooting in Gorst last week said Wednesday the inquiry could take months to complete because of toxicology tests, but indicated that so far the shooting of Cody T. Brooks, 31, appears to be self-defense.

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Democrat Party pushing Gun Control in 2018 Midterms

The Democrat party has moved considerably to the left for the 2018 midterm elections.  As part of that strategy, they have wholeheartedly embraced gun control as a winning issue. Here is a Democrat strategist explaining their thoughts on July 6th. Opinion from usatoday.com:

Since 1994, Democrats have shied away from gun safety believing that this fight is nearly impossible for Democrats to engage in and win because NRA supporters are more organized, energized and monetized.

2018 could finally be the end of 1994

Now, less than 125 days to another midterm election, the times they are a'changing. Obviously, there are vitally important stakes in this election, like control of Congress, and existential stakes, like defeating President Donald Trump’s chorus of congressional “yes-men.” But there’s more that this election could do: After almost 25 years, 2018 could finally be the end of 1994.

The Democrats are counting on anti-Trumpian energy to overcome the more motivated and numerous Second Amendment supporters. It seems l a poor bet. Polls have become increasingly unreliable as shown in 2016.

In February, NPR found (in a poll) that support for gun control was fading. They suggested that Democrats not use it as a major plank in their strategy. From npr.org:

While almost half of all registered voters (46 percent) say a candidate's position on gun policy will be a major factor in deciding whom to vote for, that number is down 13 points from February, when a shooting at a Florida high school sparked outrage.

So if Democrats are counting on guns to motivate their voters to get to the polls, maybe they shouldn't. There has been a major drop among Democrats on the issue — down 21 points over the past two months. In February, 74 percent of Democrats called it a major factor in deciding their vote in February, but now just 53 percent say so.

The issue has faded among independents, too, dropping from 54 percent to 42 percent who said gun policy would have a major impact on their vote.

Historically, Democrats have lost when they play the gun control card. In the intervening years since 1994, people with gun carry permits have become 8 percent or more of voting adults in most swing states. The places with few permits are reliable Democrat bastions like California, New York, New Jersey, Maryland, Massachusetts and Hawaii. Those places are generally not contested. Even in California, the counties where Republicans hold seats have large numbers of people with gun permits. Most indications are the number of gun owners have grown.

A source on the East coast has said that ads promoting gun control as an issue for the 2018 midterms are saturating the area.

It is better the Democrats come out in the open with their agenda, instead of hiding it, attempting to fool the people in emotional moments. But they have re-branded their effort, calling it "gun safety". An  opinion piece by Greg Lee Carter at the Baltimore Sun summed up the choices. Opinion from the baltimoresun.com:

But the most important and serious action you can take, if you really want serious federal gun control successfully legislated, is to vote Democratic in 2018 and 2020. 

(snip)

Of course, the obverse is also true: If “gun rights” is a paramount issue to you, and if you believe that any new gun control legislation would compromise these rights, then you need to vote Republican and donate to the NRA. Again, there is no compromise to be found in the gun debate — at least not yet.

Democratic republics work best if clear choices are offered. Too often, politicians use polls to craft carefully worded focus group phrases designed to manipulate voters with weasel words or flowery half-lies.

The choices are going to be clear in 2018. Those who fail to vote will have to live with what others decided for them.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TX: Man Claims Self Defense in Shooting on DART Train

A video that surfaced on YouTube shows a man claiming he opened fire on the train in self defense.

When asked in the video if he was attacked, the alleged shooter said the other man came at him several times. He says he kicked the stranger in the chest and tried to kick him off the train before using his gun.
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MO: Homeowner Shoots Man Attempting Break-in

A homeowner shot and killed a man trying to break into a house early Wednesday morning in Springfield.

It happened in the 3200 block of West Madison.
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FL: Man Fires Warning Shots to Deter Intruder

Deputies investigating a possible burglary were told by the resident that he and his wife were relaxing when they “saw a hand reaching into the bedroom window beside the a/c unit,” the deputy wrote. “He then grabbed his gun and told the person reaching in the window he will shoot him. He then ran out the back door and fired 2 warning shots.”
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Followup CO: No Charges for Patrick Rau in Shooting of Donald Wayne Russell

An El Paso County grand jury indicted Rau on suspicion of second-degree murder, “heat of passion,” based on his 5-second countdown warning.


Russell’s actions constituted “a serious and highly provoking act” that affected Rau “sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard,” the indictment said.


O’Connell disagreed, saying Rau “was in the right” and “did nothing wrong.”
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ACLU sides with NRA in New York Lawsuit

Several New York politicians, particularly Governor Cuomo and Maria T. Vullo, have verbally attacked the National Rifle Association (NRA), written letters to state regulatory agencies, industries regulated by New York State, and advised the industries to evaluate whether they should keep the NRA as a customer.

The NRA has filed a lawsuit on First Amendment grounds. The issue is whether the state government can single out a particular entity it politically disagrees with, and use its regulatory power against that entity.

Such use would effectively silence political foes, nullifying First Amendment protections.  The New Republic, a leftist publication, noted the import of Governor Cuomo's words. From newrepublic.com:

The statements don’t actually direct any businesses to cut off ties with the NRA. At most, they are phrased as sternly worded advisory notices. But such words from a state financial regulator are hard to ignore, especially when the governor is backing them up explicitly. “The NRA is an extremist organization,” Cuomo wrote on Twitter the following day. “I urge companies in New York State to revisit any ties they have to the NRA and consider their reputations, and responsibility to the public.”

It’s a nice business you’ve got there, the governor seemed to be saying to Wall Street. It’d be a shame if something were to happen to it. In May, a few weeks after DFS sent the notices, state regulators announced consent orders against Lockton Companies and Chubb Group Holdings related to the Carry Guard program; both companies were barred from working with the organization in the future. According to the NRA, the one-two punch of the advisory notice and the consent orders sent a chilling effect throughout its business relationships.

The American Civil Liberties Union has traditionally been hostile to the Second Amendment. Its official position is that the Second Amendment  does not protect an individual right.

In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia. The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment.

The attack on the NRA by the New York government is so outrageous, such a direct assault on the First Amendment rights of all Americans, the ACLU felt compelled to issue an Amicus Curiae brief in favor of the NRA lawsuit. The ACLU's brief states the lawsuit should proceed, that it should not be immediatly dismissed. From the brief:

Because the NRA has plausibly alleged that Defendants' actions were motivated by hostility to the NRA's political advocacy, the Motion to Dismiss should be denied.

The AClU has tremendous experience in defending the First Amendment in the United States. Numerous cases are referenced in their brief to precedents in First Amendment law. Recently, internal memos have left people wondering if the ACLU's commitment to First Amendment rights might be waning.

Second Amendment supporters have often noted their pointed unwillingness to defend the Second Amendment.  They will be glad to receive this assist on protection Second Amendment rights. The argument has often been made that the First and Second amendments compliment and support each other.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

AL: Dispute over Magazine Leads to Shooting, 1 Dead, 1 Wounded

The shooting happened about 2:20 p.m. on Doss Drive off Shannon-Wenonah Road. One man was transported to the hospital, and another was pronounced dead on the scene.

Chief Deputy Randy Christian said the preliminary information from the scene is that two men came to the home with an adult female and confronted the homeowner. An argument ensued and the homeowner fired shots striking both men.
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FL: Woman Fires Warning Shots at Bushes

When the victim got home and checked the rear portion of her yard, she saw some bushes move and fired several shots in that direction, according to a news release. No one was injured.

"My mom is perfectly fine. Someone tried to break into her house, but she’s fine. She let off a couple of shots just for her own protection," said the homeowner's son, Landris Johnson.
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Followup AL: Grand Jury to Decide if Charges warranted in Shooting of Prince Johnson

Prince Johnson, 57, of Calera, was killed. Detorious Lamar Kirsey, 27, of Montevallo was identified by police as the man who fired the deadly shot. Lemley on Monday said the findings of the investigation will be presented to a grand jury to determine whether the shooting was self-defense or criminal.
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TX: Armed Robbery Suspect Shot, Killed, as He Attacked Couple

GARLAND, Texas (CBSDFW.COM) – A man suspected of trying to rob another man and his girlfriend during a transaction that began on line, was shot and killed outside a Garland home.

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Court Orders no Posting on Internet; Cody Wilson Sells Gun Code for Free

A Seattle court prevented Cody Wilson from publishing 3D files on the Internet for free. Wilson obeys. Now he sells the 3D files in thumb drives instead.

Cody Wilson, while complying with a court order requiring the State Department to retreat from a First Amendment legal settlement, has taken another route showing the irrationality of the court decision.

Here is a brief history of this interesting, if silly, attempt to stop the flow of information.

In 2013, Cody Wilson and Defense Distributed showed the technical potential of using 3D printers to make a simple, plastic, one shot pistol. They called it the Liberator. They released the files on the Internet, for free. Shortly after, the State Department ordered them to stop distributing the files on the Internet.  The State Department, under President Obama, argued that distribution of the information on the Internet was an illegal exportation of controlled munitions.

In 2015, Defense Distributed sued the State Department for violating their First Amendment rights.

In 2018, under the Trump administration, the State Department, realizing they would lose the lawsuit, decided to settle with Defense Distributed. They admitted releasing the files on the Internet were not an illegal exportation of munitions.

Furious proponents of population disarmament went judge shopping. They found a compliant Senior District judge in Seattle. He ordered a temporary injunction against the settlement, then made the injunction permanent. His arguments are unlikely to stand on appeal. They delay the exercise of Cody Wilson and Defense Distributed's First Amendment rights to post on the Internet.

Two enterprising individuals offered the code for sale, in book form, on Amazon. Amazon took down the offers after a few days.  They gave no explanation. The Washington Post, a supporter of the First Amendment, as long as it is used for leftist causes, was silent on the issue.

Cody Wilson used the notoriety to perform First Amendment judo. He is selling the files on thumb, or "key" drives to anyone who wants them, at the price of their choosing. From arstechnica.com:

The files, crucially, will be transmitted to customers "on a DD-branded flash drive" in the United States. Wilson also mentioned looking into customer email and secure download links.

Previously, Defense Distributed had given the files away for free, globally.

"I’m happy to become the iTunes of 3D guns if I can’t be Napster," Wilson said, adding that anyone can submit a file to sell on his platform, where they will receive 50 percent of the sales proceeds. Wilson said files uploaded to the platform must "be liquid info," or things like CAD files, blueprints, and schematics. He reiterated users cannot resell materials they don't possess the rights to and that Defense Distributed has already put the infrastructure in place to review user submissions.

Throughout the event, Wilson would periodically check his phone in order to see recent Defense Distributed pay-what-you-want sales. "I've seen a guy pay $15, lots of people paying $1, others are $10, $8 for the AR-15 file," he told the assembled press. "It's very generous, just people who want to support us. See, $0, a free-rider—give me a cent." He said the company has completed "a few hundred" pay-what-you-want transactions thus far.

This is an effective way to counter the use of judges to negate the First Amendment. It makes the judge look silly. It shows the stupidity of the original decision to attempt to censor the spread of legal and widely available information on the Internet.

Proponents of population disarmament are caught in a box of their own making. They cannot stop the selling of the files without violating the First Amendment.

They are shown to be ineffectual and tyrannical, a terrible combination.


©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

CA: Gunfight, Defender Wounded, 1 of 2 Home Invaders Killed

A resident in the Shoreview neighborhood of San Mateo shot two intruders in a gun battle that occurred during a home invasion late Wednesday night, killing one, police said yesterday.


The resident was also shot, but survived and is recovering from his wound, San Mateo police Deputy Chief Mike Callagy said at a news conference at police headquarters yesterday morning.
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SC: Aggressive Teen Shot by Homeowner

Shore said a group of people were hanging out in the basement when Tyson started tearing apart the basement.

The homeowner confronted the victim and an argument ensued.

Shore said the homeowner then shot the victim.
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Followup FL: Shooting of Mark Singleton Considered Justified

Mark Anthony Singleton, 55, was shot in his neck on Juniper Street, crashed his pickup truck about 10 miles away on Highway 97 and died from the gunshot wound a short time later at a Pensacola hospital.

“It has been determined that it was a justified shooting and no arrests will be made,” Assistant State Attorney Greg Marcille told NorthEscambia.com Friday afternoon. It was determined that the Singleton pulled a gun and attempted to shoot another person, but the gun fired during an altercation, striking Singleton in the neck.
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AZ: Domestic Defense? Shooter Identified, Charged with 2nd Degree Murder

According to the arresting officer, Brown said he opened the door to confront the victim and warn him "that he would not be entering inside the apartment."

Brown said the victim "approached the opened front door" despite "a verbal warning, then a three second count down (sic) to stop walking towards the front door."

According to police, Brown admitted firing at the victim twice from 6 to 10 feet away -- once deliberately and again as he flinched.
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New Record for August 2018 NICS Background Checks (gun sales indicator)

The National Instant background Check System (NICS) checks performed in August, 2018 numbered 2,073,296. This is the highest number for August since NICS was started in 1998. The NICS checks for August of 1999, the first on record, were 703,394.

The previous record for August was last year, in 2017, when NICS checks totaled 1,925,146. The 2018 checks are a 7.7% increase over last years.

More and more of NICS checks are being used for purposes other than firearm purchases. In August of 2018, 1,059,500 checks were done for permits or permit rechecks. Some of the permit checks are done to permit gun sales.

For example, the state of Hawaii shows 8,458 permit checks and zero firearms sales checks. All other states and territories show both permit checks and firearms checks.

The National Shooting Sports Foundation (NSSF) has adjusted the NICS numbers to remove the permit checks and rechecks. Aside from Hawaii, it is a good indicator of firearm sales.

The NSSF numbers show that firearm sales are in healthy, but not record territory. Remember that people with permits to carry weapons can purchase firearms without going through an additional NICS check in half (25) of the states.  There are over 17 million permits to carry in existence in the United States.

With the August numbers, the number of NICS checks done for the first eight months of  2018 totals 17,2011,932. This compares to17,951,806 NICS checks for the same period in the all time record year of 2016. The 2018 numbers are the second highest on record so far, at 96% of the the numbers from 2016 for the same period.

Historically, there have been about .6 firearms added to the private stock in the United States for each NICS check. The number dropped a little to about .56 more private firearms for each NICS check, recently.

If the .56 number holds, there will have been over 10 million more firearms added to the private stock in 2018 so far, reaching a total of 427 million firearms in the United States at the end of August. If the trend continues, there will be over 430 million private firearms in the United States at the end of the year.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch