FRANKFORT, Ky. (LEX 18) — One man has died after being shot after allegedly breaking into a home in Frankfort on Tuesday.
According to Frankfort police, dispatch responded to a burglary in progress on Wallace Avenue at around 9:35 a.m. The caller mentioned that he shot the alleged intruder, later identified as 35-year-old Stephen Smallwood.
The suspect then approached the witness and reached toward his waistband while continuing to make threats, police said. The witness then fired a single shot of their weapon away from anyone or any property, causing other people in the area to call 911.
Straw was arrested and appeared in West Roxbury District Court Monday. The witness voluntarily turned over his firearm and license to carry a firearm on the scene, police said. The incident is under investigation.
Picture of Phoenix gun turnin in 2015 (correction, 2013) by Dean Weingarten
There will be a gun turn in event on Saturday, 15 May, 2021 in Canton, Ohio. While these events are commonly labelled with the propaganda term "buyback" the guns were never owned by the people attempting to buy them. From cantonrep.com:
The initiative includes:
- Community Gun Buyback from 10 a.m. to 2 p.m. May 15 at the Canton Civic Center, 1101 Market Ave. N. It features $100 gift cards; no questions asked; no ID requirements.
Image from googlemaps, cropped and scaled by Dean Weingarten
The gift cards are said to be for Walmart. There are few working firearms which are worth less than $100. The group hopes to collect 200, which would indicate about $20,000 available. The structure of the event has been designed to make private purchases of the guns being brought in difficult. From an earlier story:
"This was CPD's idea," Stone said, "And I said, 'Hey, how can we help?"
If you participate, here's what to expect:
- All guns must be operable for the gift cards.
- All guns must be unloaded and transported in the trunk of the vehicle.
- Stay in your vehicle. Don't get out.
- All guns will be removed by a volunteer who will exchange the firearm for a gift card.
I was at a similar event in Phoenix, Arizona. It turned into a rolling gun show.
The gift cards tend to run out quickly. People who bring guns to the event after the gift cards run out are usually willing to deal with a cash offer. This correspondent obtained some nice, if inexpensive guns, when this occurred in Phoenix.
Some Police are hostile to private buyers, others are indifferent or positive. It is a good idea to do some research before setting up a table and holding up a sign saying with "Cash for Guns" sign.
Private sales are legal in Ohio.
You can help make the turn-in in your
area more effective by standing on the curb with your "Cash for Guns"
sign, or at a folding table, willing to offer more than the gift card
for firearms that are more valuable. It would be best if numerous
private parties were available, as more good guns could then be
transferred into responsible hands.
This action serves
many useful purposes. It stretches the turn-in budget so that more guns
can be taken off the street. It helps keep fearful widows from being
defrauded of most of the market value of the gun they are turning in.
It prevents valuable assets from being destroyed by bureaucratic
inflexibility. It is a win-win-win situation.
Open carry is legal in Ohio. No permit is necessary.
The author and AmmoLand do not offer legal advise. Research laws yourself, so you know what your rights are.
Here is a link to a previous article about a gun turn in event in Cleveland and how private purchasers handled the situation there.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Video of the incident was uploaded to Twitter by Michael Schwab. It appears to have been filmed from inside a house by a woman who is nervously watching as the tiger sits on a neighbor’s yard. The tiger suddenly gets up and starts walking towards the deputy.
The deputy then pulls out a gun as the tiger approaches him and comes within a few feet. Fortunately, in the footage, the man was not attacked.
Philip Hedgespeth picked the wrong barbershop to rob when the man in the chair turned out to be an off-duty Newark police officer who shot him in the face.
Now the ex-con is headed back behind bars -- only this time it's for a federal stretch of more than nine years.
Deputies said the 29-year-old woman called saying the man was at the
home picking up his belongings when he got aggressive with her. She said
he started head butting and choking her.
She managed to get away
from the 29-year-old man and grabbed a handgun that was inside the
home. That's when she shot and killed him, according to deputies.
“After a brief struggle, a shot was fired by the male resident and the victim was pronounced deceased at the scene,” stated HPD.
The woman’s identity has not been released. Police said she is in her early 20s.
“After consultation with the Harris County District Attorney's Office, it was determined the facts of the incident will be presented to a grand jury.”
Weingarten open carry image taken by friend picked up from hospital. Courtesy Dean Weingarten.
On Sunday, 2 May, 2021, about 12:30 p.m. this correspondent was in a Walmart in Yuma, Arizona.
It was a mission of mercy.
After church, a visit to a friend in the hospital was in order. I had delivered him to the emergency room three days before. The friend desired another key for his residence, so more people could help to care for his dogs and do other needful things.
At the Walmart, I stopped at the firearms and ammunition section to take pictures of the lack of product available. I had a cart with some canned goods and a loaf of bread, which had been picked up on the way to obtain a duplicate key.
I took the pictures and turned to retrieve the cart.
The cart was gone. Another cart was near by, but it was not mine.
I said: "Where did my cart go? It had a loaf of bread in it."
Another customer pointed down an aisle to the left.
"There is a cart with bread in it", he said.
25 yards away, walking away from us, was an above average sized middle aged man, with a cart with a loaf of bread in it.
I speed walked up to the man, looked at the cart as I approached, and ascertained it contained the items I had selected.
I was openly carrying a Glock 17 in a Fobus retention holster.
I touched the man on the upper arm, from his left rear, and said:
"Excuse me. I think you have the wrong cart by mistake."
The gentleman looked at me with a puzzled look. He looked at the contents of the cart. He looked back at me and said:
"I think you are right. I was just at the ammunition counter..."
He looked at his wife, approaching from behind us.
He said: "I think I grabbed the wrong cart. Sorry about that. I was just checking out what ammunition was available."
He noticed the Glock on my hip.
He looked at me and said: "I am old school" and carefully and deliberately swept back his shirt to reveal a well worn 1911A1 holstered at his right side waist.
We discussed the state of ammunition. I gave him one of my cards. We strolled back to the ammunition counter, where he took possession of the cart I had seen there.
Other than the mistake with the cart, it was a typical meeting of the minds in the gun culture.
On a previous trip to Fry's a few days before, an older gentleman approached me as I left the store. The local requirement for wearing a mask has been removed. I had the same Glock and holster on my hip.
"I'd like to know", he asked; "Did they make you wear a mask while you were armed?" We both had a good laugh.
Most armed Americans, with considerable reason to believe it is so, assume other members of the gun culture are sane people, above average in personal responsibility, who believe in and practice individual rights and responsibilities. They return the respect they are given.
Instead of shoot-outs, you experience friendly acceptance.
There were no signs on the Walmart doors. No one mentioned the holstered sidearm on my hip. The number of people wearing masks was decreasing.
Neither my new acquaintance nor I were wearing masks.
The phone announced a call. The friend in the hospital reported the hospital would be releasing him in an hour.
The possibility of release had been uncertain.
I obtained the duplicate key and returned to the hospital, to pick him up and take him to his house.
For the first time in years, the prognosis seemed reasonably clear, and significantly positive.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Kim told police he had Travis Simpson walk outside the restaurant to continue the conversation and that’s when Simpson allegedly hit him several times on the head and scratched the pizza owner’s eyes. Kim told police Simpson threatened to come back with another man to beat him again.
Kim said he then went back inside the restaurant and closed up, before leaving for the evening.
When he went outside to his car, Kim said Simpson approached him with what he says was a baseball bat.
Kim told police he then pulled out his gun and tried to shoot towards the ground, but ended up hitting Simpson in the leg.
Link to video (over 10 hours)
Lt. Governor Dan Patrick's efforts resulted in the creation of the Senate Special Committee on Constitutional Issues. The committee hearing started at 9 a.m on 29 April, 2021.
Lt. Governor Patrick and other Republicans were and are receiving intense pressure to pass Constitutional Carry. It was listed as one of the top eight priorities in the Texas Republican Party Platform, and by Republican Chairman Allan West.
While Lt.Governor Dan Patrick worked to set up the special committee, he was in negotiations with various Texas law enforcement agencies and associations to see if they could find a way to support Constitutional Carry. Some amendments were offered to gain support of law enforcement.
Two amendments which were mentioned were these:
An amendment which creates a mandatory five year sentence for felons in possession of a firearm.
An amendment which would allow law enforcement to ask prosecutors in adjoining counties to prosecute when prosecution by a local prosecutor was refused.
While Lt. Governor Patrick was working the Senate, Governor Abbot committed to signing HB1927 if it came to his desk. The Commitment of both Lt Governor Patrick and Governor Abbott to Constitutional Carry had been questioned. Both have committed to passage of the bill, possibly with amendments favored by law enforcement.
The committee hearing was live streamed.
Tara Mica of the NRA was the first invited speaker, and did an excellent job.
While this correspondent did not watch the entire 10 hours of the hearing, in the opinion of this correspondent, the star of the committee hearing was Rachel Malone of Gun Owners of America.
Rachel is the Texas representative of Gun Owners of America. Rachel fielded the questions put forward by the committee members with competence, eloquence, and flair. Rachel has been working to pass Constitutional Carry in Texas for several years.
Ray Hunt of Houston Police Union moved to a "cautious neutral", because of a possible amendment to create a five year mandatory prison sentence for a felon in possession of a firearm. Hunt said the bill will not change metal detectors at capitol, where an License To Carry (LTC) will still be required. University carry will still require an LTC. Officer Hunt stated when police see the LTC, we feel safe. Officer Hunt seemed to state police wanted to be able to stop handgun carriers, just because they were carrying a handgun, without reasonable suspicion of a crime.
The police wish to be able to go to other adjacent counties to prosecute, when the county district attorney refuses to prosecute. Officer Hunt said the police had difficulty with the Harris County prosecutor refusing to prosecute felon in possession cases.
Senator Hinojosa told Officer Hunt he would only be able to obtain the amendments if the bill went to the floor of the Senate. He implied, if Hunt wanted to kill the bill, the committee was the place to do it.
Sheriff Brian Hawthorne of the Sheriffs Association also came out in a cautious neutral position on the Bill. He said a large majority of sheriffs were in favor of the bill, but his association was only willing to occupy a neutral position because of concerns of some of the members. He could not take a position on hypothetical amendments until they were put forward to all the members of the association.
Sheriff Hawthorn said the Association was neutral on the bill, leaning toward it with small changes. He said most guns are stolen from cars, if people can keep their gun with them, the numbers stolen will be lowered. He particularly wanted lock boxes to be available at court houses, to help keep people from leaving their guns in their cars.
Sheriff Hawthorn said numbers of sheriffs in favor of the bill are high.
The committee was run extremely well run. It was done politely. Everyone who wished to speak had a chance to do so. One person testifying said she knew the bill would pass the subcommittee, this was just a formality, but she wanted to be on record opposing the bill. This correspondent noted roughly equal numbers supporting and opposing the bill.
The last testimony occurred about 7 p.m. Over 10 hours of testimony was given, with over 180 people testifying.
No amendments to the bill were passed in the committee. Any and all amendments may be considered on the floor of the Senate.
The bill came to a vote very shortly after the long hours of testimony. Five of seven senators voted to recommend passage of the bill and move it to the floor of the Senate. Those five senators were:
Charles Schwertner, R, District 5
Brian Birdwell, R, District 22
Dawn Bukinghan, R, District 24
Brandon Creighton, R, District 4
Bob Hall, R, District 2,
The two senators voting against the bill were:
Juan Hinojoso, D, District 20
Eddie Lucio, D, District 27
The creation of the Special Committee on Constitutional Issues was key in moving this bill to the floor of the Texas Senate. It may be the key to the passage of Constitutional Carry in Texas. Lt. Governor Dan Patrick deserves credit for this.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Update. An amended version of the bill has passed in the Senate. At minimum it has to be passed in the House, again, before it can be signed by Governor Abbott.
If this happens, Lt. Governor Patrick and Governor Abbott will both deserve credit for listening to their base and supporting the bill.
According to police, the initial incident began when Davis entered the business and began causing a disturbance with the employees. Police say Davis had a gun during the altercation. Investigators say evidence shows a Domino’s employee fired multiple shots at Davis. Davis was struck and collapsed in the parking lot.
According to a motion filed in the Circuit Court of Scott County on Wednesday, a special prosecutor asked the court to rule the case of Tamara Wolford’s homicide as nolle prosequi, meaning it would not be prosecuted.
Wolford was previously charged with second-degree murder after a shooting occurred at a suspected home invasion in Scott County in June 2020.
The motion states that the man killed, Jared Dockery, had been previously court ordered to not have any contact with Wolford.
St John said the incident began at a nearby restaurant as a disturbance involving a man and a woman. The woman retreated to the house on Avenue B where the man followed her. The man then punched through the glass window of the screen door.
St. John said after the man punched the window, the teen confronted the man outside and shot several rounds from a handgun into the ground.
The man then retreated to his car but came back a second time, and the teen once again shot several rounds toward the ground, hitting the man in the leg.
Louisiana State Capitol, from wikimedia CC 2.5, 18 Oct, 2006, cropped and scaled by Dean Weingarten
Governor John Bel Edwards, Democrat, has said he will veto any Constitutional carry bill that arrives on his desk. From apnews.com:
BATON ROUGE, La. (AP) — Gov. John Bel Edwards indicated Thursday that he will use his veto pen to strike down a bill that would remove the requirement that gun owners have a permit to carry concealed firearms, if the proposal reaches his desk.
On 27 April, 2021, the Louisiana Senate defied Governor Edwards and passed SB118, one of the Constitutional Carry bills by a veto proof margin of 27 for and 11 against. The House has more than one version of Constitutional Carry in play.
HB596 has advanced the furthest in the House, passing the Committee on Criminal Administration and Justice, amended, 8-4, with one member not voting. The amended bill would limit Constitutional Carry to Louisiana residents over the age of 21, and forbid the use of controlled dangerous substances or a blood alcohol level of .05 or greater while carrying a weapon.
Persons carrying concealed weapons would be required to notify police officers who approach them, and submit to a pat down.
Representative Danny McCormick, R-Oil City has sponsored HB16. HB16 would restore Constitutional Carry for everyone over the age of 18 who could legally own guns. HB16 would echo the current limitations of open carry in Louisiana. People who open carry in Louisiana are not required to notify police officers. There is no prohibition on alcohol levels in HB16. No committee vote on HB16 has been scheduled.
The Louisiana House has 105 members. 67 are republicans, 35 are Democrats and 2 are independent. 70 votes would be needed to override a veto. Only two vetos have ever been overridden, according to an article in the Advocate.
It is unknown how many House members would vote for a Constitutional Carry bill in Louisiana. The bill would be a relatively small, incremental, restoration of the right to keep and bear arms in Louisiana. Louisiana already has open carry rights without any requirement for a permit.
Governor Edwards promise to veto Constitutional Carry in Louisiana much reduces the chance of passage this year. There may, or may not be enough votes in the House to override a veto. The historical record indicates the chances are small.
However, Constitutional Carry legislation has been moving forward rapidly in 2021. Four more states, Utah, Montana, Iowa, and Tennessee have all passed Constitutional Carry bills into law. A Texas bill has passed the House, and will be debated on the Senate floor. Governor Abbott has said he will sign it.
The Constitutional Carry bill in South Carolina is still in play. It seems more likely that Open Carry with Training will pass in South Carolina. The Open Carry bill is scheduled for a debate and vote on the Senate floor.
If one more state passes Constitutional Carry this year, more than 50% of the area of the United States will be under jurisdictions where Constituional Carry is the law of the land.
If one more state joins the Constitutional Carry club, there will be 21 states with Constitutional Carry, 21 States with shall issue carry permits, and 8 states with may issue permits. Constitutional Carry has become mainstream. There have not been any surges in crime in Constitutional Carry states. Decreases in crime seem plausible, but small and difficult to measure.
There have not been any measurable increases in either accidents or suicides.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Lutman and his mother were struck multiple times with the axe handle. Police were told that at one point during the altercation, Lutman’s mother got a rifle to defend herself and her son, and that gun was discharged multiple times inside the residence. During the physical altercation, both victims were injured as was Barber. Two other females were in the house but were uninjured during the incident.
Lutman was transported to Winchester Medical Center for treatment of extensive injuries, including a skull fracture. His mother was transported for treatment to War Memorial Hospital. Police found her with blood on her head, glasses and clothing.
As Biden continues to ignore the problem he created at the Southern Border, Texas ranchers are taking a stand to help secure their properties. One such man is John Sewell, who has caught multiple illegal immigrants and handed them off to Border Patrol before he even had a chance to eat breakfast, he told Fox News in an interview.
"During the encounter both patrons and protesters brandished firearms," Smiley said in an email to Fox News. "This incident occurred after the arrests of southbound protesters in the area on the 1500 block of Bardstown Road. The arrests of that group were made after protesters repeatedly blocked the roadway despite officers giving multiple verbal requests for them to utilize the sidewalk."
Once on scene, deputies found a 54-year old male deceased from an apparent gunshot wound to the head. The residents inside the home told investigators the man kicked in the front door, and once inside, he armed himself with a knife, yelling he was there to harm his children’s mother. He went room to room searching and threatening the occupants who had retreated to a bedroom in the rear of the house. He then confronted a woman in the rear bedroom, who, fearing for her life, shot the man twice.
South Carolina State House, Christmas 2006, Brandon Davis, public domain, cropped and scaled by Dean Weingarten
On 27 April, 2021, the Senate Judiciary subcommittee failed to vote on Open Carry with Training, HB3094. An activist had written, in 2018, the Judiciary committee is where gun reform bills go to die. He seemed to be prescient, from long experience.
Then the unexpected happened. The Senate voted to recall HB3094 from the Judiciary committee. A recall vote for a bill is not common, but it does happen.
This correspondent spoke with Senator Rex Rice, a strong proponent of Constitutional Carry in the South Carolina legislature. He had predicted the subcommittee would approve of HB3094, but if it did not, there would be a recall vote.
Senator Rice was the Republican who had won the primary against Senator Larry Martin, the Republican who previously Chaired the Judiciary committee, after Senator Martin had made some less than judicious remarks denigrating open carry. The primary happened in 2016. Senator Rice won by a few hundred votes. From an article by this correspondent in 2015:
He had this to say, according to WLTX:
“You can carry a weapon openly if this bill is adopted and I’m offended by that,” said committee chair Sen. Larry Martin (R-Pickens).
The recall vote was a very strong 27 for and 12 against, with 1 not voting. There are 40 South Carolina senators.
This correspondent asked Senator Rice, with more than a two thirds vote to recall the bill, wasn't passage of the bill almost certain?
The answer showed how complex political maneuvering can be. Senator Rice said about half of those voting to recall the bill were serious proponents of Constitutional Carry. They had told the other half, if they did not obtain something this session, the others would not obtain anything they wanted to pass, either.
It is nearly certain a move will be made to substitute a version of Constitutional Carry (passed by the House as HB3096), for HB3094.
The South Carolina House voted to pass Constitutional Carry with a strong 69 to 47 majority.
Senator Rice believed the votes are sufficient in the Senate to override a filibuster against Open Carry with Training, but not necessarily to override a filibuster on Constitutional Carry. 26 votes are needed in the South Carolina Senate to override a filibuster.
It seems likely Open Carry with Training will pass the Senate, and be signed into law. It is less likely, but plausible Constitutional Carry will be passed and signed into law.
Senator Rice believes Governor Henry McMaster will sign either bill, if they pass the legislature.
Much depends on what is happening in the rest of the nation. South Carolina is one of only five states to ban open carry. Twenty states have passed Constitutional Carry. Four of those twenty passed Constitutional Carry in 2021. Both Texas and Louisiana are in play to pass versions of Constitutional Carry in the next few weeks.
In politics, there are trends and waves. With the close and contested election of President Biden, voters and state legislatures feel the need to assert Constitutional rights. Constitutional Carry is riding the wave. Nearly 50% of the land area of the United States is covered by law where adults can carry handguns, openly or concealed, without government permission, in most public spaces.
90% of the states provide for the open carry of handguns in their laws.
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