Followup CT: Home Invader who was shot in Gunfight, found Guilty

The resident told police he ran inside to his apartment on the second floor and closed his door behind him. He told police Abraham kicked in the door and entered the residence. The victim was in his apartment with his wife and two children at the time, police said. The victim’s sons told police that Abraham pointed his gun at them.

An altercation took place between Abraham and the victim, police said. The victim chased Abraham back outside.

The victim hid behind a minivan outside the residence parked near the sidewalk and told police Abraham began to shoot at him from the porch. The victim returned fire with his own firearm — which police said was registered and valid under a pistol permit — and shot Abraham once on the right side of his chest and once in his left knee.

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Followup PA: Armed Store Owner Recounts Gunfight

“I opened the register and was counting the money, but the guy in the mask took one shot at me right away,” said Nuñez, 53, who dodged the bullet and drew his handgun from his left hip holster. The gunman doubled back to the front door, still pointing his gun at Nuñez, who opened the register area’s acrylic glass door and fired a bullet into the would-be robber’s abdomen.
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GA: Armed Samaritan Holds Suspect in Fatal Shooting for Police

When officers arrived on scene, they found 45 year-old Tynesha Evans suffering from gunshot wounds.

The Facebook post says an armed witness who was driving by the bank and heard the shot, got out of his vehicle, confronted the suspect and held him at gunpoint until officers arrived.

The suspect was later identified as 58 year-old Othniel Inniss.

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Followup OK: Teen Related to Intruder He Shot

OWASSO — Owasso police say a teenager and 30-year-old man involved in a deadly shooting and possible home invasion late Monday were related.

Investigators say the teenager who opened fire was a nephew to the person police have been calling an "alleged intruder."
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New Mexico Republicans turn to People to Overturn Anti-Second Amendment Law

Green Counties have passed Second Amendment sanctuary resolutions.

New Mexico Second Amendment supporters are doing more than passing Second Amendment sanctuary resolutions. The New Mexico Republicans are leading a movement to repeal the offending law using the power of the people. 

New Mexico has a provision in its Constitution, rather similar to that in Switzerland. If the legislature passes a law offensive to the people, they can demand a referendum be held. If the law is not approved of in the referendum, the law is annulled. The Republican party in the New Mexico House released this notice: From nmhousegop.com:

Santa Fe – House Republicans joined New Mexico’s Sheriffs to begin the process of overturning radical anti-2nd Amendment laws on Thursday. Joining thousands of New Mexicans who rallied against anti-2nd Amendment bills across the state, House Republicans announced they will begin the formal process to annul Senate Bill 8.

Under the New Mexico Constitution, the people have the power to “disapprove, suspend and annul” laws enacted by the Legislature. The process begins with a petition of New Mexico voters and requires several different actions depending on the number of signatures. The number of required signatures is based on the voters who cast a ballot in the 2018 General Election and actions to be taken include:

1. If 10% of voters sign a petition, the law is placed on the ballot for approval or rejection of all voters. 

2. If 25% of the voters sign the petition within 90 days after adjournment of the session, the law is immediately suspended and it is placed on the ballot for approval or rejection of all voters.

“The response to this bill and others like it all around New Mexico is unprecedented, and we need to listen to the people,” said House Republican Leader Rep. Jim Townsend (R-Artesia). “What is happening in Santa Fe does not reflect what an overwhelming number of New Mexicans want, so we’re going to make sure they are heard.”

“New Mexicans in 25 counties have made it clear that they do not support restrictions on their 2nd Amendment rights,” said House Republican Whip Rod Montoya (R-Farmington). “Clearly Santa Fe is out of touch …This is not my New Mexico.” 

Rep. Townsend sent a letter to the Secretary of State requesting the petitions for Senate Bill 8. The petitions will then be circulated across New Mexico for signatures.

A similar situation occurred in Colorado, where elected officials were recalled after voting for an anti-Second Amendment  bill. Referendum such as in New Mexico are considerably more effective as they target the offending legislation directly.

This sort of referendum is specific. It has an excellent chance of passage. It has been used in Switzerland for over a hundred years to limit and prevent the overreach of governmental power.

25% of voters from the last election would have to be collected within 90 days after the adjournment of the legislature, to suspend the bill until the next election. The legislature is expected to adjourn on March 16, 2019.  The deadline would be about June 14th.

10% of the voters from the last election would have to be collected by four months before the next general election, which would be in November of 2020. That would give the collectors about a year and three months to collect the signatures.

According to Ballotopedia, 175,412 signatures would be necessary for 25% of the previous election; 70,165 for 10% of the voters.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

Followup WI: Man Chared with Murder for Self Defense Killing of his Girlfriend

If a person is knowingly involved in a felony which results in another person's death, they can be charged with felony murder in most states.

Lashawn E. Gates, 26, is charged with felony murder in the death of 17-year-old Andreana Manney on Feb. 9 in the 3900 block of North 16th Street, the complaint said.

According to the complaint, Gates supplied Manney with the .40 caliber handgun that she used while attempting to rob a woman of a laptop computer and an Apple watch.

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FL: Gunfight from Vehicles in Miami-Dade

According to Miami-Dade Police officials, the man behind the wheel of the Kia was driving eastbound on Northwest 183rd Street at around 3:30 a.m. when what appeared to be a white Nissan drove alongside the Kia and opened fire.

The victim then pulled over to the side of the road and returned fire at the Nissan as the driver fled the scene.
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GA: Domestic Defense Gunfight, Boyfriend Killed, Ex Husband Critically Injured

A man is dead and another is in critical condition after a shootout over a woman in DeKalb County late Sunday night.

The woman’s current boyfriend and ex-husband exchanged gunfire in the parking lot of an apartment complex on Quail Run off Snapfinger Woods Road, DeKalb police said.


Her boyfriend, a man in his late 30s, was shot multiple times and died at the apartment complex. Her ex, a man in his early 40s, got into a vehicle after he was wounded and drove away in a white Ford F-150.
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KY: Governor Bevin Signs Law Restoring Constitutional Carry into Law

On Monday, 11 March, 2019. Governor Matt Bevin of Kentucky restored Constitutional Carry to the State of Kentucky.

From wkyt.com:

Bevin signed Senate Bill 150 into law Monday. It allows Kentuckians 21 and older who can lawfully possess a firearm to be able to conceal it without a permit.

Governor Bevin explained the law does not create a right, it only reaffirms the Constitution. From oann.com: 

The governor emphasized the measure doesn’t grant the right to carry a gun, but instead he explained it reaffirms the constitution.

“This is a bill that recognizes as part of Kentucky law, once it is the law, once I have signed it, which I will, it recognizes the Second Amendment of the United States,” said Bevin. “That’s it, it doesn’t break new ground, it simply says that people do have the right to keep and bear arms.”

SB150 will go into effect in Kentucky in July of 2019.

States started infringing on the Second Amendment when they restricted concealed carry after the Supreme Court ruled the Bill of Rights did not apply to the state governments in 1833.

In 1822, the Kentucky Supreme Court ruled that a ban on carrying concealed arms was unconstitutional under the Second Amendment and the Kentucky State Constitution in Bliss v. Commonwealth of Kentucky.

In Kentucky, a Constitutional amendment was deemed necessary to make the general carry of concealed weapons illegal. The Constitutional Amendment to allow the legislature to regulate the concealed carry of weapons passed in 1849, as part of a constitutional convention. In 1850, the wording in bold was added:

  “That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned; but the General Assembly may pass laws to prevent persons from carrying concealed arms.” 

As the United States Supreme Court had ruled the states were not restricted by the Bill of Rights, the Second Amendment no longer protected the rights of citizens of Kentucky in their courts.

It took a war between the states (or, as some prefer, the Civil War) to put in place the Fourteenth Constitutional Amendment, which was meant to extend the protections of the Bill of Rights to the States.

In 1868 the Fourteenth Amendment was passed to assure, in part, that the Second Amendment would be enforced to insure that freed slaves could keep and bear arms. The former slave states found ways to evade the requirement. In 1873, the Fourteenth Amendment's enforcement of the Bill of Rights against state encroachment was effectively nullified by the Supreme Court.

In 2010, the Supreme Court finally ruled that the Fourteenth Amendment incorporated the Second Amendment to prevent infringements on the Second Amendment by the state governments.

Vermont always had Constitutional Carry.

15 States have passed some version of Constitutional Carry since 2003.

2003, Alaska restored Constitutional Carry to the exercise of Second Amendment rights.

2010, Arizona restored Constitutional Carry.

2011, Wyoming restored Constitutional Carry.

2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry. Some county prosecutors have threatened prosecution. None has occurred.

2015, Kansas, and Maine became Constitutional Carry club members.

2016, Idaho, Missouri, West Virginia, and Mississippi became Constitutional Carry states.

2017, New Hampshire, and North Dakota restored Constitutional Carry.

2019, South Dakota and Oklahoma, and Kentucky have restored Constitutional Carry.

There are now twice as many states with Constitutional Carry as there are states the infringe on the right to bear arms with "May Issue" carry permits.


Several more states are good candidates to respect the Second Amendment and pass Constitutional Carry legislation.

Constitutional Carry states are on the Mexican an Canadian borders. They are in the East, West, and Middle of the country. They border the Pacific, the Atlantic, and the Gulf of Mexico. They include major metropolitan areas such as Phoenix, Oklahoma City, and Kansas City. 



©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.


Gun Watch

ND: Man Shoots Dog Killing his Chickens

BURLIEGH COUNTY, N.D. - A Burleigh County resident shot and killed a dog in a development south of Lincoln Sunday afternoon.

A Burleigh County Sheriff deputy says the dog was in the resident's chicken coop killing chickens. The owner of the coop used a .22 rifle to take the dog down. Nobody was arrested.

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IN: Domestic Defense? Man Shoots former In-Law who Stabbed Him

PORTAGE — A dispute over money resulted in a Portage resident stabbing a Lake Station man in the back and then being fatally shot in return, according to police.

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TX: Man Fires at Car Burglar, Bullet ricochets, grazes Teen on Second Floor

The homeowner fired repeatedly at the suspect, and one shot ricocheted off the ground, went through a second-floor window and grazed the side of the boy's head.

The wounded teenager was taken to an area hospital. His name and details about his condition were not released.

The homeowner who fired shots could face multiple charges, police said.
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AL: 19-Year-Old Shoots 49-Year-Old Intruder who Threatened Him with Knife

MPD said that a 19-year-old victim was standing in the middle of the street with a minor cut to his neck when officers arrived. The 49-year-old man, was lying on the floor inside the house. He was transported to the hospital with possible life-threatening injuries.

MPD said that the suspect forced his way into the 19-year-old victim’s house and threatened him and swung his knife at the victim.

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WA: Armed Neighbor Stops Armed Package Theif who Threatened Him with Knife

SPOKANE, Wash. - A south hill man says a package thief he confronted pulled a knife on him, and that's when the good Samaritan pulled out his concealed pistol.
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WV: Domestic Defense, Father Shoots Son who Attacked him with Knife

Kanawha County deputies said a son attacked his father with a knife during an argument Friday morning and was shot by his father.

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Dick's Continues Losing Streak with Gun Control

Dick's Sporting Goods is committed to removing firearms from its stores. This reflects an ideological commitment by the chain's CEO, Edward Stack. The chain will be removing firearms from 125 of 720 stores.  From retailtouchpoints.com:

DICK’S Sporting Goods is doubling down on its decision to tighten gun sales policies. The retailer will no longer sell firearms and select hunting gear at 125 of its 720+ namesake stores after testing the concept in 10 locations last year.

Nearly one year ago, DICK’S CEO Edward Stack admitted that the retailer’s assault rifle ban was “not going to be positive from a traffic standpoint and a sales standpoint.” The retailer stopped sales of the assault-style rifles at all 35 Field & Stream stores and ceased selling guns and ammunition of any kind to buyers under 21 after the Feb. 14, 2018 Parkland, Fla. high school shooting in which 17 people were killed.

Firearms sales are lower this year, in general, than they were in 2018. The slump is noticeable, but sales remain high compared to historical norms. The election of Donald Trump has removed much of the fear factor that powered sales in the record breaking election year of 2016. Even considering the industry wide slump, Dick's decision to blame guns for societal ills has cost it considerable business.  From vox.com: 

Many major gun companies have also since refused to do business with Dick’s. In one statement, O.F. Mossberg & Sons Inc., the parent company of Mossberg guns, urged shoppers to “visit one of the thousands of pro-Second Amendment firearm retailers to make their purchases.”

Dick’s has suffered financially; one shareholder last year even accused the company of “willfully giving up money.” As of November 2018, its sales were down almost 4 percent, and many gun rights advocates have pledged to stay away from its stores. In the investor call, Stack said that Dick’s continues “to see double-digit declines” in its gun business, and that the company “would expect that [sales] continue to be down.”

Dick's showed its antipathy toward guns and the Second Amendment, when it announced it would destroy the guns it was no longer selling in its stores, in February of 2018. It takes a special kind of commitment to an ideology not connected to your business, to destroy inventory worth hundreds of thousands of dollars.  This virtue signals to some people. Those people are probably a small minority of Dick's customer base. By virtue signalling to them, the store signals to the majority of its customers that it does not share their values.

The only substantive effect destroying the guns is to increase gun manufacturers profits. The manufacturers simply increase production to meet the demand that was not met by the guns Dick's decided to destroy.

It is not a good business model. Dick's hopes to make up for the drop in firearms and hunting products with an increase in online sales. What Dick's seems to be doing, is working hard to change their customer base to one that aligns better with ownership's ideology.

Business owner who separate business from politics have an advantage: they do not alienate any particular segment of society. 

 Market experts are wary of the change. They are waiting for the results.

Dick's does not rely on guns and hunting for the majority of their income. They are not Smith & Wesson, which was driven to near extinction by decisions gun owners deemed to be anti-Second Amendment. But they are not immune to the pain caused by the CEO's political decision.

They are being hurt by Second Amendment supporters refusing to buy at Dick's. Other retailers are paying attention.

Showing antipathy to Second Amendment supporters does not seem to be a wise business decision.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

PA: Store Owner Shoots, Kills Robbery Suspect

PHILADELPHIA (WPVI) -- The suspect in an attempted robbery in West Philadelphia has died after being shot by a store owner, police said.

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Followup TN: Victim Explains why he Shot Yorkie: "I am not a monster"

When asked why he didn't call animal control, Seagraves said, "I've called animal control so many times, it is ridiculous."

The grandfather said he went into his home and retrieved his firearm. When he went back outside, Seagraves said, he did not immediately start shooting. However, the dogs came back and, once again, they were aggressive and threatening.

"I decided to fire two rounds into the ground to scare the little dog off. and it did. Scared the little black one off, but the little brown one did a trip around the car and came right back to biting me. All I can think is a dog that aggressive there has to be something wrong with it

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MI: Neighbor fires into Ground in Attempt to Stop Knife Attack

The Battle Creek Police Department says that around 4:35pm Wednesday, the 34-year-old victim had been approached by an unknown man in the first block of Kellogg St. in the Urbandale area. The suspect allegedly initiated a fight, and while both men were on the ground the victim was stabbed once in the stomach. As all of this was happening, a neighbor came outside and saw the fight, and fired a handgun into the ground.
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PA: Domestic Defense? Woman Shoots, Kills, Husband

TANNERSVILLE — A Pocono Township woman allegedly shot and killed her husband, Joevandie LaTorre, 41, in self defense on Wednesday afternoon.

Monroe County Coroner Thomas Yanac confirmed the identity of the victim and said that the autopsy revealed a single gunshot wound to the left chest on Thursday afternoon.


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