Monday, January 23, 2017

WA: "Home Invasion" may have Been Attempt to Recover Property

King County prosecutors say a group of friends were determined to get back items stolen from a woman’s house near Auburn. One of them is now in jail, charged with breaking into a man’s trailer and shooting him.

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TX: Neighbor Shoots Man who Came to his House, Started Fighting

Police said the 28-year-old walked to his neighbor’s home in the 300 block of Latch Drive, and the pair began to fight.

The neighbor pulled out a gun and shot the man three times, police said.
More Here

Sunday, January 22, 2017

NH: Constitutional Carry Bill Passes Senate

The New Hampshire legislature has passed permitless "Constitutional carry" both of the last two years. Both times the bill was vetoed by Democrat governor Maggie Hassan. 

Now, early in the session, the New Hampshire Senate has passed SB 12-FN.  It had five Senators as sponsors, Senators Abard, Birdsell, Carson, Daniels, and Gannon. 

It passed the Senate with a healthy 13 to 10 margin, defeating two attempts at amendment, on January 19, 2017.

In 2016, the New Hampshire House passed the Constitutional carry bill 206 to 146. New Hampshire is bordered on the East by Maine and on the West by Vermont. Both of those states have Constitutional carry.  New Hampshire's requirement for a carry permit was passed about a hundred years ago as "progressive" ideas swept the nation.  Those laws are being repealed as evidence accumulates that they did more harm than good. 

Opponents say that they are an infringement on Second Amendment rights.  In January, 2016, the bill passed the House  206 to 146.  Republicans voted for the bill, Democrats against.

The new Republican Governor, Chris Sununu, said that he would sign the Constitutional carry bill. From
Sununu is not a gun owner but said he would sign a bill doing away with the need for concealed carry permits.
It is likely that New Hampshire will become the first state to move to permitless or "Constitutional carry" in 2017.  As with the other 10 states that have moved to Constitutional carry, the state shall issue permit system will remain in place for the convenience of the armed public. 

Permits are useful for reciprocity with other states.  Half of the states in the Union allow carry permits as an alternate to the NICS instant check system. New Hampshire is not one of those states.

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

Gun Watch

New Hearing Protection Act same as old HPA; Both in Top Ten for Attention

On January 9th, 2017, the new Hearing Protection Act (HPA), H.R. 367, was reintroduced into the 115th Congress (2017-2018).  It was introduced by Representative Jeff Duncan (R-SC-3).  It started with 40 co-sponsors. The HPA, unlike many bills, is short and concise. It takes silencers out of the National Firearms act, with its draconian regulation and $200 excise tax, and places them in the same category as rifles and shotguns.

Here is the text of the  Hearing Protection Act of 2017, H.R. 367:

To provide that silencers be treated the same as long guns.

      Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

SECTION 1. Short title.

       This Act may be cited as the “Hearing Protection Act of 2017”.

SEC. 2. Equal treatment of silencers and firearms.

     (a) In general.—Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “; and (7)”.
     (b) Effective date.—
          (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendment made by this section shall take effect on the date of the enactment of this Act.
          (2) TRANSFERS.—In the case of the tax imposed by section 5811 of such Code, the amendment made by this section shall apply with respect to transfers after October 22, 2015.

SEC. 3. Treatment of certain silencers.

      Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
       “(f) Firearm silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.

SEC. 4. Preemption of certain State laws in relation to firearm silencers.

      Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”.
H.R. 367 is the same as H.R. 3799, The Hearing Protection Act of 2015.

The 2017 bill has 40 co-sponsors, the 2015 bill had 10. Although the bills are textually identical, both are in the top ten bills that are being looked at on the Congressional web site. The current bill is at the number 3 slot, and the 2015 bill is at the number 6 slot.

It is worth noting that the bill, as with the previous version, has been introduced into the House Ways and Means Committee.  It is a tax reform bill, as it eliminates the excise tax on silencers and moves them to the same category as long guns, on which the Pitmann-Robertson tax is imposed. Pitmann-Robertson funds are distributed to the states and used for conservation and game management. One reason for the change is to meet the requirements of many states for federal regulation of silencers.  The bill specifically states that it serves that purpose in section 3.

As a tax item, it could be included in a budget reconciliation bill, which is exempt from the 60 vote filibuster in the Senate.  Avoiding the Senate filibuster may not be necessary.  The bill is widely popular.  There are about 100 million firearms owners in the United States. A bill that positively affects the health and safety of 30% of the population should be popular. Even the partisan Washington Post article on the bill had a hard time finding serious opposition. They included information that silencers are mostly without regulation in England.

In a number of countries such as New Zealand, people can buy a silencer without any special tax or regulation.

It is uncertain how much opposition there will be to this reform of 1930's over regulation. Second Amendment supporters are excited about the reform.  They have a lot of clout in Congress.

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

Gun Watch

Followup MO: Shooting of Rhonda Hood ruled Justified

After reviewing the information, it was determined that based on the facts, the shooting was justified by the person involved in defense of himself and the other household occupants. While no charges are expected in reference to the shooting, the person involved is still in custody because of unrelated circumstances that warranted his arrest.

More Here

CO: Homeowner Shoots, Kills Intruder

COLORADO SPRINGS, Colo. (AP) — Police in Colorado Springs are investigating after a homeowner reportedly shot and killed an intruder.

The victim, a transient, has not been identified.

More Here

IL: Domestic Defense, Woman with Kids Shoots Ex who Broke in

Investigators say Moody's ex-wife was in the house with her children and another person, Atlantis Jarmon. Police say Bruce Moody smashed out a window of the master bedroom then went around and kicked through the front door of the house. They believe Moody was armed with a box cutter.

Investigators say when Bruce Moody reached the master bedroom, Jarmon fired at him with a pistol, striking him. Moody died there.
More Here

NE: Domestic Defense Gunfight

Jeff Hayes and Cameron Hayes exchanged more gunfire. Investigators say Jeff fired several rounds, while Cameron fired perhaps just once, "stopping the threat posed by Jeff Haynes", according to a news release.

Hayes was found dead in the front yard of the home.

"You have a right to defend yourself. If somebody pulls a gun and shoots at you, obviously if you have a weapon available, you certainly have a right to protect yourself and any other family members and we believe that's probably what happened here," Davis said.

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WV: Shooting Likely Self Defense

A 71-year-old St. Albans man told police he shot a 27-year-old man Tuesday when the younger man attacked him, according to a news release from the Kanawha County Sheriff’s Office.

Kanawha County Metro 911 received a report about a shooting at about 11:15 a.m. at 421 Moses Street in St. Albans. Kanawha sheriff’s deputies responded and found a man who had been shot about a block away.

More Here

Saturday, January 21, 2017

NC: Home Invasion Gunfight, Homeowner and 2 Invaders Wounded

According to authorities, a 28-year-old resident said two men entered his home and shot him. He was apparently able to return fire and strike two men.

More Here

SC: Homeowner Shoots Fleeing Suspect

DARLINGTON COUNTY, SC (WMBF) – Two individuals breaking into a Hartsville home were surprised by the homeowner, who shot one of the suspects before law enforcement arrived and took the burglar into custody.
More Here

TX: Homeowner Fatally Shoots Intruder

The homeowner said he'd retrieved a gun and fired at the man who entered his home.

Paramedics declared the alleged intruder dead at the scene.
More Here

Followup LA: No Charges in Shooting of Seth Flores

According to Sheriff Randy Smith, Seth Flores showed up at the home of 24-year-old Shane Hicks and began jumping on and banging on Hicks’ vehicle. Hicks armed himself with a semi-automatic handgun and told Flores to leave his property.


At this point in the investigation, no charges are being filed against Hicks. At the conclusion of the investigation, the St. Tammany Parish Sheriff’s Office will turn their findings over the 22nd Judicial District Attorney’s Office for review.

More Here

Friday, January 20, 2017

"Brady" Urinal Screen at 2017 Shot Show

There is no a conspiracy to put Brady urinal filters in the urinals at gun culture events.  Just because they were at the Gun Rights Policy Conference held at the Sheraton Crescent Center in Glendale, Arizona in September, 2015, and at the Shot Show in Las Vegas in January, 2016, does not mean it is a conspiracy.  This year, in January, 2017, the Brady urinal screens were still in the bathrooms for the Shot Show.  The screens probably last for more than a year. It seems a bit ironic that the Brady brand is what the many thousands of Shot Show attendees are urinating on.

The urinal screens were all Bradys.  They do not seem to be associated with the gun hating Brady Campaign to Prevent Gun Violence, but with the legitimate Brady company that produces urinal bathroom products!

I am certain that some waggish member of the hotel staff did not order and place Brady urinal screens in the bathrooms merely to provoke smiles on the faces of Shot Show participants.  I am equally sure that no gun culture organization or individual did this as a subtle way of expressing disdain for those who wish ever more infringements on the Second Amendment.

It is highly likely that it is merely coincidence, statistical noise, nothing that actually means anything.  Really.  I am absolutely certain.

It is just one of those cosmic coincidences that make many smile and nod.

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

Link to Gun Watch

AL: Elderly Father Shoots 38-Year-Old Son, Claims Self Defense

Police said Young was shot by his elderly father, who told investigators he was defending himself against a knife attack by his son.
The case will be presented to a grand jury, police said.

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TX:AR 15 type Rifle used to Defend Business, Wounded Person Appears at Hospital

olice say the employees detained two suspects, but two others drove off and fired shots at an employee.

That's when one of the employees fired back with an AR-15.

Police say that a man with a gunshot wound showed up at West Houston Medical Center 30 minutes after the attempted burglary.

It's not clear if that person was one of the suspects.
There were several shoes and electronics found in the vehicle at the gun range allegedly driven by one of the suspects, according to police.

More Here

GA: Gunfight with Homeowner, Vehicle Stolen, Gunfight with Deputies and Troopers

The GBI says the driver left the area, entered a home in Tyrone in neighboring Fayette County and was shot at by the homeowner. The man then stole the homeowner’s vehicle.

Fayette County deputies began chasing the man, and Coweta deputies and state troopers set up a roadblock at the Fayette/Coweta line, where the man wrecked the vehicle.

The GBI says the man got out of the vehicle and shot at officers, who returned fire. The man died from his injuries. No officers were injured.
More Here

GA: Alarm and Armed Neighbor Scare off Burglar

Dec. 29: Someone pried open the back door of a residence on Beecher Drive in the Guyton area. The thieves were scared off by a loud burglar alarm and by a neighbor who fired a shot into the air when he heard the alarm.

More Here

Taurus Spectrum .380 at Shot Show 2017

A pick for the "best" new product at the Shot Show is a highly subjective thing.  The item that most impressed me was at the Taurus booth.  It is the likely replacement for the Taurus 738 TCP, the Taurus Spectrum.

It seems that Taurus has not been able to keep up with demand for the 738. The 738 has an excellent reputation for reliability. It is small, easy to conceal, and
is in the popular .380 caliber.  I liked the ergonomics of the 738.  So why has Taurus introduced what appears to be a replacement for the 738?

First, a caution.  I have not shot the Spectrum. This is not a review, only my impressions from the Shot Show.  I only handled it and dry fired several specimens  on the Shot Show floor.  I am generally not impressed with multiple colors. However, it is easy to see how multiple color schemes can be a valuable marketing tool.

What impressed me about the Spectrum was the ergonomics, most particularly, the trigger. The trigger is a true double action only. Taurus says that each pull of the trigger cocks and releases the striker, allowing for multiple primer hits. The relatively wide trigger makes the pull feel much lighter than the listed 7-9 pounds.  I was reminded of the excellent double action triggers on some of the older Smith and Wesson revolvers.  The trigger is the same every time.  I believe that with the fixed barrel, the pistol has potential for excellent accuracy.

Taurus includes two magazines with the pistol, a six round and a seven round with a magazine extension.  The magazine extension has an innovative rebated pinky finger spot slightly back from the grip. Most magazine extensions angle the extension forward and down in front. This extension goes down and back.  It fit the hand very well. The frame of the pistol has slightly softened areas to reduce felt recoil.  The engineer in me suspects it will work as designed.  Even a small ability to dampen recoil will likely be noticeable in the very small, light, pistols.

The sights are fixed and large enough to be used.  If they are correctly regulated, they will be serviceable.

The minority of people who actually shoot much, and like to make the most of each pistol, would be a little better served with a simple adjustable sight, perhaps drift adjustable.  Most people are not going to be taking coyote at 40 yards with this sort of pistol. I know a couple of expert shots who have done it. The capability is likely there, if the sights can be made to work. Small pistols are often very accurate. It takes an accomplished, practiced shooter to get the most out of them.

Maybe, in later runs, arrangements could be made for a simple adjustable rear sight.

The pistol weighs 10 ounces unloaded.  It is slightly bigger and wider (.07 inches) than a Ruger LCP. Both are extremely small, concealable pistols.

The proof, of course, will be in the shooting. That will have to wait until production runs become available, probably sometime later this year.

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

Link to Gun Watch

Thursday, January 19, 2017

Followup IL: Shooting of Dog was legal

WASHINGTON - A man who shot and killed his neighbor's dog Saturday exercised lawful deadly force, according to police, but the incident left the Rottweiler's owners shaken and upset.

More Here

LA: Homeowner Shoots Suspect who was Acting "erratically"

SLIDELL - A Slidell homeowner shot and killed a man who was acting 'erratically' in his front yard early Monday morning, according to the St. Tammany Parish Sheriff's Office.

According to a spokesperson with the sheriff's office, deputies were sent to a home in the Ozone Woods subdivision shortly after midnight.

More Here

TN: Homeowner holds Drunk at Gunpoint

CLARKSVILLE, Tenn. (CLARKSVILLENOW) – A man who was believed to be committing a home invasion and held at gunpoint turned out to be confused and intoxicated.
More Here

CT: Intruder Shot by Homeowner

NEW HAVEN — Police in New Haven are investigating after they said an intruder was shot by a homeowner at 199 Pine Street.

Police said the suspect, Jorge Ortiz, 26, address unknown, is alive, and they said he was shot in the shoulder. He was taken to Yale New Haven Hospital.
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MS: Homeowner Shoots Suspect, Police Investigate

Forest Police Chief Will Jones says an active investigation is underway after a homeowner shot a man outside of his house. Officers say the homeowner told them he didn't know the man and that he was burglar.

Advertisement "The homeowner found someone outside and were trying to determine what happened next." Said Chief Jones
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CT: Man Shoots at Fleeing Thief, is Arrested

“The gun owner tried to hold the perpetrator at gunpoint, but he fled on foot,’’ Capt. Brian Fitzgerald said Monday morning. “The gun owner fired at the perpetrator and struck him in the arm.

“The perpetrator was transported to Bridgeport Hospital and was charged with larceny,’’ the Bridgeport police captain said. “The gun owner was charged with assault first due to the circumstances surrounding the shooting.’’
More Here

More OH: Victim Wounded Home Invader, Bail set at $250,000

Police say the suspect forced their way into the Robinson's apartment, cornered Jessica in the kitchen and demanded cash.

The robbers took $1,000 in the Robinson's safe and wanted to go to their back bedrooms.

Jessica said that's where her two and seven-year-old's were sleeping.

Fearing for her kids, Jessica Robinson said she went for her gun that she keeps in her kitchen cabinet."I know there's a damn good chance we'd be dead right now if I hadn't grabbed my gun like I did," Robinson said. "My immediate life was in danger so I shot."
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OH: Cleveland Gunfight, Victim Grazed, Home Invader Killed

Cleveland police report that on January 13th at around 11 p.m., a man went outside to the driveway of a home on Coath Avenue to get a cell phone charger from his car. He was approached by the suspect, who told him, at gunpoint, to go back inside the house.

Another man inside the home saw the victim walking towards the house with his hands held up in the air and shot at the suspect. The suspect fired back, grazing the original victim but not seriously injuring him.
More Here

Shot Show: Kel-Tec Still at Max Capacity for PMR 30

Making a reliable .22 magnum semi-auto has always been a challenge in the industry.  Doing so with a pistol is even more difficult.  Kel-Tec has had the most successful design with their PMR 30.  The PMR 30 has been a success for several years now.  Kel-Tec is running at top production capacity of a thousand a month out the door.  A lot of people like the idea of a 30 shot, lightweight, .22 magnum pistol.  Quite a few like the significant muzzle flash and blast.

Reports from industry insiders at the show are that most reliability problems with the PMR 30 are with magazines.  That is not surprising.  After ammunition, magazines are the most common source of problems with semi-auto pistols generally. Find a magazine or two that work with your PMR 30 and you are good to go.

The PMR 30 has a bigger sister, the CMR 30 carbine. It has been on the market a year.  It is popular, but Kel-Tec is still working up to producing a thousand a month. My understanding is that they have not hit that production point yet. Update: Toby Obermeit, Chief Engineer at Kel-Tec, says they are producing about 200 a week, and hope to double that number. The CMR 30 uses the same magazines that the PMR 30 does.

Kel-Tec also holds a patent for a short, pistol sized 33 round straight magazine for .22 long rifle.  .22 long rifle semi-auto design is well understood and simple compared to the .22 magnum.  If the market slows down with a Trump administration, and less angst about legislation, we may see a 33 rd .22 LR offered by Kel-Tec. 

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

Link to Gun Watch

Wednesday, January 18, 2017

SC: Owner of Club Assaulted, Attacker Shot

 Another case of mistaken victim identity. The victim was the owner being assaulted.

Officials say that’s when the 28-year-old man tried to get back into the club and began assaulting the 76 year old club owner at the door.
According to a release from the York County Sheriff’s Office the owner “produced a weapons during the assault and fatally shot the victim.”

More Here

FL: Show Gun, Threaten to Shoot; Get Shot

Preliminary investigation revealed that Henderson became involved in a dispute with another male subject at that location. During the argument, Henderson threatened to “shoot” the male subject, identified as 33 year old Jerome Reese of Bartow and displayed a handgun. Reese who was carrying a concealed firearm, produced his handgun and fired at Henderson. Henderson was incapacitated as a result, at which time Reese summoned police for assistance.
More Here

ID: First two Violent Deaths in Year may have been Self Defense

The first violent death of the year also occurred on the Fort Hall reservation. Heath “Petey” Dixey, 40, was fatally shot at his Cemetery Road residence on New Year's Day.

Fort Hall police said a family member shot Dixey in what might be a case of self-defense. The shooter was questioned by police and released after the incident pending the outcome of the investigation by Fort Hall police and the FBI.

The second violent death occurred Jan. 8 in Idaho Falls. Police were called to a shooting at an apartment in the 200 block of Moonlite Drive. A 34-year-old man shot and killed a 26-year-old man in what police said could be another case of self-defense.

More Here

AZ: One Homeowner Shoots, Another is Shot

The second shooting, an unrelated shooting to the first, police responded in the area of 31st Avenue and Buckeye Road at about 3 a.m.

Witnesses told police the victim heard a knock at his door and when he opened it, the suspect shot him.
More Here

Silencerco CEO Invited to Trump Inauguration

At the Shot Show Industry day at the range, I stopped at the busy Silencerco exhibit, range lanes.  I chatted with Matt Pinner, a public relations specialist for Silencerco.  I was working to obtain another interview with Josh Waldron, CEO of Silencerco and one of the founders of the American Suppressor Association (ASA). The ASA has had tremendous success in removing state legal barriers to Suppressor ownership and use in hunting.

Before the election, Josh had told me that Donald Trump's two oldest sons,Donald Jr., and Eric, had used Silencerco products. Silencerco was an early and vocal endorser of Donald Trump for President.  Matt was not sure if I would be able to obtain an interview with Josh Waldron.  The reason: on Friday, 13 January, Josh had received one of the coveted invitations to Donald Trump's inauguration as President of the United States. Josh had expected to spend more time at the Shot Show, but the Inauguration took precedence. From Silencerco's facebook page:
SilencerCo CEO Josh Waldron is honored to be a part of the momentous occasion of President-elect Donald J. Trump’s inauguration on January 20th. SilencerCo’s early and enthusiastic support of the incoming Republican administration is directly related to its ideological alignment with Josh’s and SilencerCo’s pro 2nd Amendment beliefs.
The Hearing Protection Act (HPA), which would remove the onerous provisions the the NFA from silencers, has been sponsored by the ASA.  Representative Matt Salmon from Arizona introduced it.  The act would change the status to silencers from an item treated much like a machine gun, to one treated as an ordinary rifle or shotgun.  The act is worded in a way to keep the status that much state legislation requires as being approved of by the federal government.  It is a smart move that is hard to argue against. Even the BATFE seems to approve, or at least, is unwilling to fight this legislation.

The HPA is getting a lot of attention.  For several weeks, it has been in the top ten of legislation that is being looked at over the Internet.

Does the invitation of Josh Waldron mean that the HPA will be a priority for the Trump administration?  At best, we can say that Silencerco is not being ignored.

The HPA could be a big win-win for a Trump administration.  It is highly popular legislation with virtually no down side. The only people who oppose it are ignorant Trump opponents, who would oppose him if he proposed cheap energy for all Americans, with scientific and engineering studies to back it up.

Josh Waldron.  Invited to the Trump inauguration.  Have a great time Josh.  I hope to interview you about it in the future.

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

Link to Gun Watch

Tuesday, January 17, 2017

OH: Craigslist to Attempted Robbery to Gunfight to Hospital

Ronald Henderson, 18, went to a Brushmore Avenue Northwest home in Plain Township on Thursday afternoon to purchase a cellphone from a 57-year-old man who lived there.

Deputies reported that the two quarreled, Henderson grew agitated, assaulted the man and attempted to rob him at gunpoint.

The homeowner responded by drawing his own gun and shooting Henderson. The home­owner suffered wounds that were not life-threatening, authorities said.

More Here

More Folowup IA: Elmers Justified in Shooting Anthony

Eimers returned fire, killing Anthony. Eimers was shot multiple times during the encounter and was later treated and released from University of Iowa Hospitals and Clinics.

Bremer County Sheriff Dan Pickett says Eimers appears to have been justified in self-defense in shooting Anthony, who lived in Davenport, and doesn’t anticipate any changes.
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OR: Woman Fires Shot after Man Breaks Door. Man Leaves

Sheriff's deputies were searching Saturday for the man, who is believed to be Louis Jarvis Jr., 40. A sheriff's news release says Jarvis is involved in a child custody dispute with the woman, who lives in an apartment complex at 12070 S.W. Fischer Road. Jarvis has never lived at the apartment, the release says.

Deputies, called to the apartment shortly after 2 a.m., found the front door had been kicked in.

The woman told deputies the man left after she fired a gunshot .

Deputies also found three windows of the woman's vehicle had been smashed.

More Here

AZ: Man Shoots Tresspasser who Attacked Him

Police said witnesses saw a fight involving three men before hearing a shot that was fired.

In their investigation, police learned the person who was shot, a man, had been asked to leave the property by the homeowner. The homeowner was then assaulted by the individual, and during the assault the homeowner opened fire.

More Here

NY: Gun Beats Ice Pick in New York Taxi

Gates, N.Y. (WHAM) - A Rochester taxi driver says he was forced to pull a gun to protect him from a passenger who tried to attack him with an ice pick.

"I believe she would have killed me had if i had been close enough to her," said Collin Green, the man who drove the taxi.
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IN: Armed Woman Uses Gunfire to Scare off Burglary Suspects


An Evansville homeowner fired her gun to scare off a pair of would-be burglars.

It happened around noon Thursday at a home on Burdette Ave.

Police told our crew at the scene that the homeowner caught two people trying to break into her garage and warned them that she was going to fire shots if they didn't leave.

When they didn't leave, the homeowner fired a warning shot and the suspects took off running.

More Here

Shot Show Industry Day at the Range 2017

The Industry Day at the Range is only open to media by invitation. I have been fortunate to be able to attend the last three or four.  It seemed that attendance was down a bit this year from last.

The weather was nicer last year, warmer, but both years had a bit of a breeze.

It is always interesting to see the latest tech that is being offered.  I have found that taking the shuttle bus from the Palazzo is worth while.  Parking is limited at the Boulder Rifle and Pistol Club, which generously allows use of its facilities for the Industry Day at the Range.  There were several hundred attendees, but I did not do a count.

I bumped into Dave Workman, always a pleasure, and Brian Johnson from Ammoland in line, waiting for the shuttle.  Right behind us was a group of three Canadian media people who had to go through a few hoops because they were digitally oriented. That is, all their "paperwork" was digital. Fortunately, one of them had brought a business card.  The Shot Show is serious about who is allowed at their events.

I got into  a friendly conversation with the Canadians.  In my attempt to aid international relations, I allowed as how Prime Minister Trudeau must have some redeeming qualities.  I mentioned that he was generous to a fault; the Canadians noted that it was with other people's money. I mentioned that he was considered attractive; they countered that the women's vote was the only reason he was in office.

I said that he showed a great love for Cuba. They said that Canada had wonderful relations with Cuba, and that Cuba did not have anything they needed.

In spite of my ham-handed attempt to smooth U.S. Canadian relations, the Canadians attending the Industry Day at the range were friendly and positive. They seemed to prefer a loosening of some of the Canadian regulations. They did not think the Prime Minister Trudeau would be in office for an extended length of service.

I heard something about "hoping we do not get too deeply in debt" or some such.

I have been hearing similar things for the last eight years South of the Canadian border.

I suggested that a relaxation of border crossings, for Americans with firearms should be included in new NAFTA talks.  I would be glad to extend the favor to Canadians crossing to the South, or into Alaska. Surely something can be worked out for International reciprocity...

I stopped at the KRISS booth. They had a number of interesting product, including a full auto pistol caliber carbine.  It was interesting to shoot.

The placement of the selector switch is inches forward of the trigger finger, requiring a some shifting of position to work the switch.  The optical sight made hits easy to make. Even on full auto the recoil did not shift the sight picture very much.

Written from the Press Room at the Shot Show. The Show opens tomorrow. 

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

Link to Gun Watch

Monday, January 16, 2017

SC: Gunfight in Tiger Mart, Clerk Wounded

"They came up with a gun," the 911 caller said. "And he ... come behind the counter with a gun, and he start shooting.”

A bullet hit the employee in the upper right thigh, the police said.

Saned Damrah, the injured worker, then fired a round back with his .38-caliber Taurus revolver, the report explained. That sent the robbers scattering.
More Here

Followup CO: Prosecution Centered on if 3:30 a.m. Intrusion was legal or not

Kirsten Djuric suffered six gunshot wounds from an AR-15 weapon fired by McCoy around 3:30 a.m. after she allegedly broke into McCoy’s home. The two were boyfriend and girlfriend and had been arguing via text messages and phone calls preceding the incident.

The hearing held Thursday centered on whether or not McCoy’s home door was locked when the incident occurred.

The district attorney’s office has contended, based on investigation by police detectives, that illegal entry was made into McCoy’s house by Djuric and a male she was with that allowed him to claim the protection of C.R.S. 18-1-704.5, use of deadly physical force against an intruder, which is commonly known as the Make-My-Day law.

 More Here

AK: Alaskan Man Holds Drunk Teen Intruder at Gunpoint

KETCHIKAN, Alaska (AP) — Prosecutors in Ketchikan will consider charges against a 19-year-old man who broke into an occupied home to get out of the cold.

Troopers shortly after 3 a.m. Wednesday took a 911 call from a resident along the North Tongass Highway reporting that an unknown man had broken his kitchen window and was inside the home.

The homeowner held the man at gunpoint until troopers arrived.
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CA: Murder Trial to start in "Warning Shot" Killing

At a preliminary hearing in January 2016, the judge said the first shot was a warning; the second shot was fired at Pacheco as he was leaving the property.

McAllister has argued that his client thought he had fired the second shot above Pacheco, and his intent was only to scare Pacheco.

Boyer remains in custody at the county jail.

Read more here:

More Here

Sunday, January 15, 2017

AZ: Wounded Robber says "They are Just Supposed to Hand Over the Money!"

Court records show that a male teen robbed one store and tried to rob another when he was confronted by an armed clerk who shot him in the arm.


Police contacted him there and the suspect was taken to the hospital for a gunshot wound to his arm. It was there, police say, that he admitted to the robberies. He allegedly told police that he targeted gas stations because "they are supposed to just hand over the money and not try to stop anyone."
More Here

MS: Woman Shoots at Man who Attempted Break-in

JACKSON, Miss. —

A Jackson woman said she shot several times at a man who tried to break into her house Thursday morning.

Tonya Brooks said she heard a strange noise around 3:30 a.m. coming from outside her house on Telfair Place.

Brooks said a man was using a crow bar to try and break into a storage room.

That’s when she said she grabbed her gun, and the man took off.
More Here

AZ: Several Good Samaritans Helped Wounded AZ Trooper

Image from

It was not just one good Samaritan that helped the wounded Arizona State Trooper.  We now know that there were at least three good Samaritans. The first was the man who was headed to California with his wife when he saw the Trooper, Edward Anderson, with an attacker on top of him, pounding Anderson's head into the pavement, Trayvon Martin style.

His ability to quickly assess the situation and take action is somewhat remarkable. The event occurred at milepost 89 on I-10, at about 4:30 a.m. There are no street lights in this remote area.  That is when the Trooper was shot from ambush.

The Trooper, Anderson, had probably left his headlights and emergency lights on as he put out flares to secure the scene of a rollover accident. There was a full Moon, well above the horizon to the West Northwest. Those lights, and the headlights from the good Samaritan's car, were all the lighting there was.

 The good Samaritan had to be observant enough to see the attack ongoing, and quick witted enough to stop his car and run back to determine the correct action to take.  He then procured his own firearm, ordered the attacker to cease, and when the order was ignored, shot the attacker to stop the attack.

Several people have speculated that the firearm was locked up because the Samaritan was traveling to California, where firearms in cars are required to be locked up and unloaded.

Then he tried to call 911, but he could not get through from this remote location. He flagged down another good Samaritan. That man, Brian Schober, had previous EMT service in Alaska and was on his way to work in Yuma, over a hundred miles away.  He saw that the phone did not work, picked up the Troopers radio, and used it to call for help.

While this was happening, a third good Samaritan had stopped, retrieved the first aid kit from the Trooper's vehicle, and was applying first aid to the wounded. From
Schober noticed another witness on scene trying to call 911, but couldn’t get through so that’s when he decided to use the trooper’s radio.

“I used the officer’s hand radio and called dispatch to request a helicopter for first aid and backup,” he said. “She asked for confirmation... who was shot?”

Schober told the dispatcher the trooper and suspect both sustained gunshot wounds. Schober says the suspect was lying about two feet away from the trooper.
Schober praised the first good Samaritan responder, and said that he overheard him interacting with the first responding officer.
Schober heard the good Samaritan let the officer know where his weapon was. While they waited for medical responders to arrive.

"We tried to comfort him," he said. "Another witness had gotten a first aid kit out of the officer’s car and started first aid until the medics arrived.”
A TV journalist  for 12 News, Charly Edsitty, interviewed a "Law Enforcement Expert" who says that we are likely to see more of this sort of situation, and more cases where armed citizens defend themselves as well.  The expert tells her, on the video, that "I don't know what angle you could look at this and say 'Oh, that citizen shouldn't have done it."

Whether for completeness, or maybe just her journalistic playbook from Baylor University, Charly contacted the Maricopa County Attorney's office and asked them if they plan to charge the good Samaritan with something. From
"I reached out to the Maricopa County Attorney's Office to see if they plan to move forward with any charges against this citizen, and they said right now it is too soon for them to comment."
It seems a bit strange that the question would be asked, just after the expert interviewed explained to her why it would not happen.

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

Link to Gun Watch

Saturday, January 14, 2017

MO: Armed Victim Shoots Himself in Leg

The motorist said a person who had a sign and appeared to be homeless approached his vehicle. The victim pulled out his wallet to give the man some money but the pedestrian reached into the vehicle and tried to take the motorist’s wallet.

The men struggled over the wallet. The victim grabbed his pistol. He accidentally shot himself in the leg during the struggle. The pedestrian ran away.

Read more here:
More Here

MO: Armed Homeowner Confronts Agressive Theives, Shoots One

INDEPENDENCE, Mo. -- A man accused of trying to break into a truck is in the hospital Thursday morning after the truck's owner shot him.

Independence police say around 4:30 a.m. at least two people drove up to a truck parked on the side of Hawthorne Street off Blue Ridge Boulevard.

As one of the suspects tried to break into it, police say the homeowner heard what was going on and came outside with a gun.

Police say the homeowner confronted the thieves and shot one suspect in the shoulder.
More Here

AZ: Armed Woman Drives off Intruder with Gunfire

The incident happened just before 2 a.m. on Wednesday in the area of 35th Avenue and Baseline Road.

Police say a woman woke up to the sound of a man breaking into the back window of her home. The woman grabbed a gun and fired in the direction of the man attempting to gain entry.

It does not appear the suspect was hit by the gunfire, and the suspect fled the scene. It was not immediately known if the suspect left the area on foot or in a vehicle.

More Here

PA: Armed Victim Shoots man who Assaulted Him

OLNEY (WPVI) -- A man who was assaulted leaving a Chinese take-out restaurant turned the tables and shot his attacker in Philadelphia's Olney neighborhood, police say.

The shots rang out just before 11:30 p.m. Tuesday near Fifth and West Rockland streets in Olney.

A customer leaving a take-out restaurant was punched in the face by a would-be robber.
More Here

Peruta Team Asking Supreme Court to Hear Appeal to the Case on Bearing Arms Ouside the Home

Edward Peruta and his fellow plaintiffs have decided to have their council petition the Supreme Court to hear an appeal to the last Ninth Circuit decision in The Peruta case.

Edward Peruta applied to the San Diego County Sheriff for a permit to carry concealed. The Sheriff refused to grant him a permit. Peruta's case was wrapped in with another case making its way through the courts, with other plaintiffs. The plaintiffs were ruled against in the district court and appealed to the Ninth Circuit.

The Ninth Circuit ruled that County Sheriffs could not use their discretion to arbitrarily deny concealed carry permits, because California had outlawed most open carry; therefore the Sheriff could not arbitrarily deny carry outside the home to the general population.

After a change in the leadership of the Ninth Circuit, the Ninth decided to set aside the decision of the three judge panel, and hear the appeal en banc. In the en banc decision, the Ninth ignored the ban on open carry and concluded that it was constitutional for sheriffs to use discretion to deny concealed carry permits.  The orders and opinions at the Ninth Circuit are available here.

The legal team of C.D. Michel and Associates has filed a Petition For Writ of Certiorari to the United States Supreme Court. The question filed is whether, when open carry is prohibited, can county sheriffs ban most people from obtaining a concealed carry permit, when they have the option to grant those permits? Here is the question as given in the petition:

Under California law, openly carrying a handgun outside the home is generally prohibited, but concealed carry is permissible with a license. While an applicant must demonstrate “good cause” to obtain a concealed-carry license, county sheriffs can—and many do—interpret “good cause” to include a desire to carry a handgun for self-defense. The San Diego County Sheriff takes a different, and much more restrictive, approach, defining “good cause” to require a particularized need for self-defense that differentiates the applicant from the ordinary citizen. The majority of a three-judge panel held the Sheriff’s policy unconstitutional, concluding that ordinary, law-abiding citizens may not be deprived of the ability to obtain concealed-carry licenses for self-defense when state law already prohibits open carry. But the majority of an en banc panel reached the opposite conclusion, holding that the Sheriff may deny concealed-carry licenses on any terms he chooses because there is no independent constitutional right to concealed carry. In reaching that conclusion, the Ninth Circuit added to the sharp division among the lower courts over whether the Second Amendment allows ordinary, law-abiding citizens to be deprived of all means of carrying a handgun for self-defense.

The question presented is: 
Whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when open carry is forbidden by state law.

 The Supreme Court hears only a small percentage of cases that petition to have their case heard. This case may be "ripe" with a split in the Circuits; that is simply speculation. Whether a replacement for Justice Scalia will be appointed to the court in time to hear the case is also uncertain.

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

Link to Gun Watch


Constitutional Provision for Right to Arms Likely for Iowa

Iowa is one of only six states that does not have some sort of protection of the right to keep and bear arms in the state Constitution. The other five states are California, New York, New Jersey, Maryland, and Minnesota. One of the reasons for this lack is the difficult process that a state constitutional amendment has to undergo to be passed in Iowa.  First, the amendment must be passed by the General Assembly. Then an election must occur. Then the amendment must be passed a second time. Finally, the amendment is to be presented to the people, who can vote it up or down in the next election.

The process is nearly identical to the one used in Wisconsin. Wisconsin residents and legislators went through the process in the 1990's resulting in the passage of Wisconsin's strong State Constitutional protection in 1998 with 74% of the vote.

Iowa's senate is starting the process with JR2.

The difficult part in passing these constitutional protections is to get them past the legislative leadership. Republicans hold majorities in both houses of the Iowa legislature for the first time in 20 years.

Now that the Republicans hold the leadership positions, they are starting to process for the constitutional protection of the right to arms. From
Among those is a proposed amendment to the state constitution protecting Iowans' right to "acquire, keep, possess, transport, carry, transfer and use" firearms to "defend life and liberty and for all other legitimate purposes." It also would prohibit mandatory licensing, registration or special taxation of those actions.

Senate Judiciary Chairman Brad Zaun, R-Urbandale, said the bill — co-sponsored by each of the Senate's 29 Republicans — is intended to be a statement about the caucus' priorities.

"I’m getting a lot of emails from a lot of people that say, 'Hey, you Republicans are in control, and we expect big things from you,'" he said.

Because the resolution would amend the state constitution, it would have to be approved by the current General Assembly and again after new members are voted into office in 2018. Then the language would be put on the next general election ballot for voter approval in 2020.
Republicans will need to hold on to power through the next election cycle, and then present the amendment to the people two years later.

JR2 mentions "Arms" not "Firearms", to correct the Des Moines Register.  The actual amendment has not yet been finalized.

The Iowa State Seal says "OUR LIBERTIES WE PRIZE AND OUR RIGHTS WE WILL MAINTAIN". Time for Iowans to live up to their slogan.

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

Link to Gun Watch

FL: Tallahassee Mayor Claims Power to ignore State Law

In Florida, the State government has chosen to protect residents rights to keep and bear arms by restricting the actions that local governments can take.  This is call preemption, and it means that only the State can pass laws restriction the carry, possession, and use of guns.  It insures that the laws regarding guns and firearms use are uniform across the state. People exercising their right to keep and carry weapons will not have to guess about whether they are violating an obscure local ordinance when they cross some unmarked local boundary. Every state has some form of firearms preemption law on the books. Some are more protective than others.

Many Florida local governments chose to ignore the law. They kept illegal ordinances on the books, and even threatened prosecution of individuals, although the ordinances themselves were illegitimate.

The Florida legislature responded by providing penalties for individuals in local governments who chose to ignore and violate the preemption law. From
The mayor refers to the law as “super-preemption.” Like state preemption laws across the country, including North Carolina’s notorious H.B. 2, Florida’s firearms statute forbids city or county governments from passing certain local policies—in this case, laws regulating the sale or use of firearms. But Florida’s law goes much further: It opens up local government officials to lawsuits, penalties, fees, and even removal from office for even attempting to pass a bill contravening state law.
Recently, the city of Tallahassee was sued to remove laws that violate the preemption ordinance from their books.  It is a remedy the preemption law provides to bring cities that openly defy the law into compliance.  Mayor Gillum has chosen to openly defy the preemption statute and challenge it in court. Mayor Gillum is a rising star in the Democrat party.  He spoke at the Democrat national convention.

The first district court of appeals must consider whether the city went afoul of the law when it left a pair of provisions regulating gun use on the books. Eric Friday, general counsel for the gun rights organization Florida Carry says the law is clear.

“These officials took swore an oath and took a job to follow the laws of Florida and the’ve chosen not to do so. They have chosen, or they have stated here, that they want to continue to regulate fire arms whether the legislature tells them they can or cannot,” Friday says.

But city attorneys argue the state’s preemption law violates city commissioners’ rights under the state constitution. Lauren Lennon says that’s because it violates the commissioners’ legislative immunity by carrying penalties and fines, even allowing them to be personally sued based on how they vote.
It is the duty of state legislators to keep local officials in check. Local governments are creatures of the State. States are independent of the Federal government because of the structure of the Constitution, where the checks and balances in the power structure are defined. States have some powers, but not unlimited. The federal government has some powers, but not unlimited. Individuals have rights, but not unlimited. Local governments are creatures of the State.

Elected officials do not have immunity to violate peoples rights. That principle has been well established in federal law, in Title 18, U.S.C., Section 242. From

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
In the Florida pre-emption case, the State of Florida is saying that local officials do not have the authority to vote to violate individual rights, and that they can be held to account if they do so.  Voting to put someone's rights in danger is a little different than arresting someone for exercising their rights. It is the predicate act to doing so.

It may be a few months before the case is decided in the courts.

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

Link to Gun Watch

Al: Man Shoots Burglary Suspect, Suspect Identified as his Grandson

Jerry Casson, 75, shot 32-year-old Justin Casson in the chest while the younger man was trying to enter his residence, according to a press release.

The incident occurred about 10:40 p.m. Tuesday in the 500 block of Crawfish Lane. According to the sheriff's office, the burglary suspect lives in the same area.
More Here

GA: Gun Store Owner wins Gunfight on Camera

An armed robber was killed on camera as he tried to hold up a gun store by its 64-year-old owner.

Surveillance footage at Dixie Gun and Pawn in Mableton, Georgia, showed the moment the would-be criminal and an accomplice stormed into the store dressed in ski masks.

They aimed their guns towards an employee who held his hands up in a plea for mercy before store owner Jimmy Groover opened fire.

The 64-year-old grandfather reached for his own gun and shot one of the robbers dead while the other ran for his life.

More Here including video

CT: Man who shot Aggressive Thief Charged with Assault

After checking the crock pot, Berry looked out the window and saw a man breaking into Berry’s work van parked on the street, police said. A car that Berry didn’t recognize was parked in the driveway.

Police said Berry told them he grabbed his .38-caliber handgun, which he has a permit to use, and ran outside. Berry said the burglar, who was carrying Berry’s tool box, turned toward him in a threatening manner, so Berry fired four shots at him.
More Here

Friday, January 13, 2017

WI: Concealed Carry Permits top 320,000 at end of 2016

Wisconsin topped 320,000 concealed carry permits by the end of December, 2016.  As of January 7th, 2017, there were 321,200 active permits. 3,218 new permits were added in December, according to a Wisconsin Department of Justice source. Some permits are expiring, so the rate of increase of active permits has slowed.

There were 315,263 active permits at the end of September, 2016.

Wisconsin has one of the best and most easily accessible shall issue concealed carry permit systems in the nation.  No fingerprints or picture is required. The permit fee is $40, and the training requirement is easily met in a number of ways.

There has been almost no abuse of the permits by permit holders. Permit holders in general are some of the most law abiding people in the United States, with crime rates far lower than police officers.

Only one Wisconsin permit holder has been convicted of an unjustified homicide.  That was a man who claimed self defense.  The jury disagreed and convicted him of manslaughter. With the one unjustified homicide, Wisconsin permit holders have a lower homicide rate than Japan.

The world rate for homicides is 7.6 per 100,000.  The U.S. rate was 4.5 per 100,000 for 2014.  The Wisconsin rate was 2.9 per 100,000.  Japan's rate was .3 per 100,000, still three times higher than the rate for Wisconsin Concealed Permit holders.

The fly in the lovely picture of Wisconsin concealed carry permits is that they are only available to Wisconsin residents.  Most states allow non-residents to obtain permits. Florida and Utah have made a mini-industry of the practice. If only 100,000 people in the rest of the United States applied for a Wisconsin permit, over 4 million dollars would pour into Wisconsin Department of Justice coffers.

The Wisconsin permit would be popular for all the reasons stated above.  Utah charges $37 for a resident permit, and an addition $10 for a non-resident permit. If Wisconsin did the same, it would bring in another million to the State.  Utah has 424,325 non-resident permits and 228,395 resident permits as of June 30, 2016.  It is likely that Wisconsin could top those figures, making the 5 million dollars for the State DOJ an annual increase.

Wisconsin permits can be applied for online.

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

Link to Gun Watch

Armed Man Saves Wounded AZ State Trooper

 Image from

About 4:30 a.m. on Thursday, January 12th, 2017, an Arizona State Trooper was shot while investigating a rollover accident.  The officer was then further attacked. The accident was on a remote section of I-10 about 50 miles west of Phoenix, on the westbound side of the freeway. The officer was being beaten when a man, driving with his family, stopped to help. From
The officer was shot in the shoulder. His injuries were serious but not life threatening. He had been investigating a rollover accident just before shots were fired at him around 4:30 a.m., he told fellow officers.

“I don’t know that my trooper would be alive without his assistance,” Department of Public Safety Director Col. Frank Milstead said of driver’s intervention.

The driver, whose name has not been released, was in the car with his family. He pulled over after seeing the fight.

He asked the officer if he needed help and when the officer said yes, ran back to his car and retrieved a weapon.

The family man drew his weapon and demanded the attacker stop. When that didn’t happen, he fired and hit the man multiple times.
 The area is remote, but there is often considerable traffic. I-10 is a major artery between Phoenix and Los Angeles.  There are no street lights in the area.  Sunrise would not be for another three hours. The attacker died from his wounds, as did a woman who was involved in the rollover wreck.

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

Link to Gun Watch

Pew Poll: Urban Officers favor People's Right to Arms

Pew Research has released a poll taken in the middle of 2016. Note that the Orlando night club massacre and the massive media hype calling for a ban on "assault weapons" occurred one third of the way through the survey period for police.  The shooting of five police officers in Dallas, with a rifle occurred half way through the survey period.

The public survey was conducted two months after the Orlando Pulse shooting, at the height of the establishment media demonization of "assault weapons", and one month after the shooting of five officers in Dallas. 

The poll is more correctly a poll of urban police officers than of all police officers.  Rural and small town police officers were excluded from the poll. Those officers make up 37% of the officers in police and sheriff's departments in the country. Even the urban officers strongly favored the right to arms. From
Police officers are considerably more likely than the general public to say it is more important to protect the rights of Americans to own guns than it is to control gun ownership (74% of officers vs. 53% of the public).
Both urban police and the public expressed support of a national database to track gun sales.  Precisely what is meant by that is left to the readers imagination. The public portion of this poll was taken at the height of establishment media propaganda for more restrictions on guns after the Orlando Pulse shooting.
A majority of police and a larger share of the public also support the creation of a federal database to track gun sales (61% and 71%, respectively).
There is an enormous split between urban police attitudes about banning "assault style" (whatever that means) weapons, and the public attitude. Again, these surveys were taken, for the most part, shortly after the Orlando Pulse shooting.
However, the consensus on guns vanishes when the focus turns to assault-style weapons. About two-thirds of Americans (64%) but only about a third of police (32%) favor outlawing assault weapons.
This is not surprising. Urban police almost never encounter semi-automatic rifles in the course of their duties. They know that overall, rifles, such as the many AR15 variants and various AK type variants, are extremely rare in crime. Many officers, even urban officers, are familiar with these type of rifles and have qualified with them.

That cannot be said for the general public. The public survey was taken exclusively after the Orlando Pulse massacre and the media driven propaganda aimed at banning "assault weapons".

After the Orlando shooting the term "assault weapon" was conflated with AR and AK variants. This is why Pew asked about "assault-style" weapons rather than "assault weapons" or "assault rifles". "Assault weapons" is a specific legal term that includes many handguns and shotguns, including most magazines used by police in their handguns. "Assault rifles" is a specific technical term that excludes nearly all AR and AK variants in the United States.  "Assault style" is vague enough to include the rifle used in the Orlando shooting.

If we have discovered anything about attitudes toward the Second Amendment and public ownership of firearms, it is that there is an enormous gulf between rural and small town America and urban America. Yet, the sample was deliberately and heavily weighted toward large, urban police  and sheriff's departments, ignoring officers in small town and rural departments. From
The main survey is an online poll of a nationally representative sample of 7,917 officers working in 54 police and sheriff’s departments with 100 or more sworn officers. (Some 63% of all sworn officers work in departments of this size.)
The first sentence in the quote above is not true. The survey is *not* a nationally representative sample. The survey ignored rural and small town America, where about 37% of American police officers(pdf) live and work. It heavily weighted the poll toward large urban departments where about 25% of American police officers live. Included in the poll, but given less representation, were urban police officers in cities of 100,000 to 500,000.

The sample was taken from the largest 5% of police and sheriff's departments. Of approximately 15,400 departments, half have less than 10 officers.

The departments sampled averaged over 1,000 officers per department.

According to the Bureau of Justice Statistics (pdf 2013 data), there are only 49 departments in the entire United States that have more than 1,000 sworn officers. 

It is easy to understand why small departments were not sampled. It is simply harder to do. Instead of obtaining cooperation with one police chief, cooperation with 20 is required.  This selection bias skews the sample significantly.

It is almost certain the percentage of police with positive attitudes toward the Second Amendment would have been higher if rural and small town America officers had been included in the sample.

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

Link to Gun Watch

Thursday, January 12, 2017

PA: Victim of Attempted Carjack Shoots Suspect

Witnesses say there was a struggle between the driver, the suspect and other bystanders.

That Ford driver has a permit to carry a gun, police say, and was armed at the time.

The suspect tried to grab that gun, police say, but the Ford driver shot the suspect in the leg.
More Here

AR: West Little Rock Homeowner Shoots Burglar

A police department spokesman said a homeowner in west Little Rock shot a burglar Tuesday.

Officers were dispatched to the CHI St. Vincent Infirmary at 1:09 p.m. for a report of a shooting victim, according to an online dispatch log.

The burglar showed up at the hospital after being shot, said Lt. Steve McClanahan, a police department spokesman.
More Here

IA: Gunfight Home Invasion Suspect Shot, Killed, Resident Wounded

A sheriff says a 46-year-old Davenport man shot and killed in rural northeastern Iowa is believed to be the intruder in a home invasion.

Steven Anthony died Friday after a man shot him at a home in Sumner, about 150 miles from Davenport. A male resident at the Sumner home was also shot and injured during the incident but remains alive.

More Here

FL: Burglary Victim Shoots Suspect

Police said the owner of the vehicle saw at least two people breaking into the car and shot at the thieves, shooting one in the chest.

The injured burglar was taken to Jackson Memorial Hospital's Ryder Trauma Center, authorities said.
More Here

Followup WI: Accomplice Charged with Murder in CCW Defense Case

People who participate in violent felonies can be charged with the death of their fellow criminals, even if they did not pull the trigger.
On December 27th, Deonte Thomas and Dantel Henderson allegedly tried to rob a man as he was leaving a store near South 66th Street and W. Euclid. The plot was foiled when the victim, who had a concealed carry permit, pulled out a gun and opened fire.

Thomas died on scene, but Henderson survived.

Henderson is now charged with Thomas' death.

More Here

TX: Homeowner Struggles with 2 Trespassers, may have wounded 1

Two men jumped the homeowner's fence in the 100 block of Fairwind Trail Drive around noon, Montgomery County Sheriff's Captain Bryan Carlisle said. The homeowner saw the men on his property and pulled out a gun.

A scuffle ensued between the three men, and one of the invaders stabbed the homeowner, Carlisle said. During the incident, the homeowner shot at the two men and believes he might have hit one of them in the back of the leg.
More Here

MS: Lawyers Puzzled over Indictment of Man who shot Teen Criminal

Members of the legal community are scratching their heads over the murder indictment of a Jackson business owner accused of shooting a teen who was allegedly breaking into a vehicle on his property.

Wayne Parish, 57, of Crystal Springs, is charged with first-degree murder in the June 21 shooting of Charles McDonald, 17, who was allegedly trying to break into a vehicle outside Performance Oil Equipment Inc.

Surveillance video shows Parish and McDonald struggling after Parish comes out of the store with a gun and confronts the teen. Court documents filed by the defense allege Parish asked McDonald to leave the premises before McDonald refused and appears to have rushed Parish.
More Here

TN: Man Shoots Out Car Tires, Burglar Captured, Items Recovered

He arrived at his home and found the car was being driven by Adams.

The trunk was open, and the homeowner noticed items that belonged to him inside the trunk, including a $1,500 bow and a .270-caliber rifle valued at $800.

After telling Adams the items were his, he then noticed the door to his home was open. Adams allegedly denied taking the items, then got into the car to leave.

The homeowner then shot both the Cadillac’s driver’s side tires with a .380-caliber handgun as he left the scene.
More Here

TX: Father of three Struggles with Robber, Gunfight, both die

Houston Police say the robber demanded everything Rodriguez had. Instead, the two fought before both men pulled out guns. Both the robber and Rodriguez were shot multiple times.

The whole thing happened out front of a neighbor's window just after 8 p.m. She could hear his wife screaming.

“His name, neighbor. Manuel, Manuel. He's dead,” Fatima Sulmgul, a neighbor, said.
More Here

FL: Stand Your Ground Immunity for Firefighter who Answered Door with Gun in Hand

In March of 2016, Captain Nick Marian answered a knocking at his door, and the ringing of his door bell.  He lives in a rough part of town, and answered the door shotgun in hand.  Police say that they saw him pick up a shotgun from his couch and answer the door.

Prosecutors contended that he pointed the shotgun at the police officers for "more than a second" and that he knew they were police. The defense was that he had the right to protect himself, his actions were reasonable and prudent, and he had immunity due to the Florida "Stand Your Ground" law. From
A judge dropped charges Wednesday against a Miam-Dade Fire captain who was arrested for pointing a gun at a police officer.

Nicholas Marian, 55, was granted Stand Your Ground immunity in a bizarre encounter with a Miami Shores police officer. Fellow firefighters who had been rallying behind Marian were at the courthouse celebrating the ruling.
The entire process, from the incident to the judge dismissing the charges took nine months. Prosecutors had charged the fire captain with aggravated assault of a law enforcement officer. The judge did not agree.

Nicholas Marian said he was ready to go back to work.

Bringing a gun to the door is only prudent in numerous circumstances. It is difficult to know if someone at your door is a police officer or not. Many criminals facilitate their crimes by yelling "Police!" during home invasions.

In this case, it only took a few seconds for the fire captain to determine that the people at his door were police. When he did, he cooperated.

The idea that citizens have to disarm themselves because someone at the door might be a police officer is repugnant to the rule of law.

This case had a better outcome than the Gabriel Mobley case. Mobley was in the courts for six years before he was cleared.  The original judge in that case, also in the Miami-Dade area, refused to grant Mobley immunity. There was video tape of the attack and defense, and Mobley was clearly justified.

That case went all the way to the Florida Supreme Court before Mobley was vindicated in 2014.

Perhaps the Judge in the Nicholas Marian case referenced the Supreme court case about Mobley.

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

Link to Gun Watch

TN: Hearing Protection Act is introduced in Tennessee by Rep Tilman Goins

A member of the Republican leadership in the Tennessee House of Representatives, Tilman Goins, has introduced a bill to reform archaic gun law.

Tilman is the Majority Caucus Treasurer, and is a member of the Criminal Justice and Business and Utilities committees.  His bill TN HB0011 the "Hearing Protection Act" would simply remove "firearms silencer" from the list of prohibited weapons.

If the bill is passed, it would go into effect on 1 July, 2017.

These types of reforms have been very popular with legislatures over the last several years.  Josh Waldron, one of the founders of the American Suppressor Association, says these sort of bills often receive 90% support, once legislators become educated. From Josh Waldron, June, 2016:
If you are an anti-gun guy, if you cannot outright ban the firearm, why not make the firearm safer? That is why we have been able to build a lot of momentum and get a lot done.  On the state level we have had 90 percent on both sides of the House and Senate vote yea on our bills.  90 percent.  That is a huge bipartisan issue.  There are a lot of bills these days that have been passing these days with that 90 percent bi-partisan approval level in both houses.
 HB0011 was introduced on 10 January. There are many steps that a bill goes through before it becomes law. Stay tuned.

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

Link to Gun Watch