Sunday, December 11, 2016

President Obama's Biggest Failure: Gun Control



President Obama was recently quoted as saying to Fareed Zakaria that his biggest failure was his inability to impose gun control on the United States. It was a bridge too far. Even the leadership of the Republican Party, who had done little to seriously oppose President Obama's agenda, feared the backlash from the voters more than they feared the establishment media.  Enough politicians feared the clout of  gun culture voters to stop the irrational bills fueled by raw emotion. That is not the way President Obama saw it. From washingtonexaminer.com:
"If you ask me where has been the one area where I feel that I've been most frustrated and most stymied, it is the fact that the United States of America is the one advanced nation on Earth in which we do not have sufficient common sense gun safety laws," Obama told Fareed Zakaria in the TV special, "The Legacy of Barack Obama."

Despite national anger following mass shootings throughout his two terms, Obama was unable to convince Congress to pass legislation that would change those policies, including enhancing background checks and not selling firearms at gun shows and other venues.

Obama was adamant in the days following the 2012 mass shooting at Sandy Hook Elementary in Newton, Conn., that he had done all he could to keep the U.S. afloat in the midst of other challenges, including the auto and bank bailout, and did not have the support to push a controversial gun bill now. Obama's frustration prompted him to take executive action in January 2016.
President Obama has left a lasting legacy in the gun culture.  There are some loose ends to wrap up before we know the full extent of that legacy.

Investigation into the Fast and Furious scandal, where the administration facilitated the transfer of thousands of semi-automatic rifles and pistols to Mexican drug cartels, has been delayed and stymied by the Obama administration at every turn. It is unknown if a Trump administration working with a Republican Congress, will be willing to dive into a full blown investigation.  They may not have much choice; a lawsuit is in progress.

There is the increased homicide rate, primarily with firearms, that is part of the Ferguson effect. The repeated bashing of police and fostering the false narrative of Black Lives Matter, has resulted in a serious spike in police homicides and in doubling of the homicide rate in several cities around the country where police have shied away from vigorous enforcement of the law.  In Baltimore, in Chicago, in Milwaukee, the homicide rates have skyrocketed.

There is the mini spike in suicides with guns, particularly with older white males, who saw their jobs and careers and medical insurance all wither and disappear under Obama's policies. True, the rate of suicide increased much faster than the rate of gun sales, but it clearly did increase.  For the first time in decades, the expected lifespan of a large group of Americans declined.

This brings us to the third, and greatest legacy of President Obama on Guns. No one can deny it. No one even tries. President Obama has been the greatest gun salesman on planet earth, ever.  No one is even close. Hitler did not come close. Neither did Stalin, or Mao. President Johnson was a piker in comparison.

Under President Obama, Gun sales in in the United States broke record after record. In this last year and a half along, each month has been the record month for 19 consecutive months. On Black Friday alone, enough guns were sold to private parties in the United States to outfit the entire Marine Corps.

Under President Obama, the private stock of firearms in the United States will have increased from about 308 million to over 405 million firearms. The ammunition industry has had to add new plants to keep up with the demand for ammunition. Record numbers of women and minorities have become gun owners. The number of carry permits for weapons has surpassed 15 million.  The number of states the do not require a permit to carry a firearm, openly or
 concealed, has increased from three to eleven, and more seem on the way.  Four states were added in 2016 alone.

While many factors were involved in the election of President Elect Trump, one of the strongest policy differences between him and Candidate Clinton, was their policy on guns. Trump vigorously defended the Second Amendment. Clinton vigorously pushed for more infringements, following President Obama's lead.

President Obama can be justly proud of his appellation as the Greatest Gun Salesman.  It will be a long time before anyone ever comes close.  It may never happen.  The gun culture correctly fought against President Obama, with considerable cost in time and treasure. But they can thank the Greatest Gun Salesman.  In this regard, he performed an enormous service for the United States.  President Obama may not desire the title, but he has earned it.

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

Link to Gun Watch

OK: Tulsa Police Officer Praises the Second Amendment


At 1:15 a.m. on a cold December night, in Tulsa, Oklahoma, most people are not prowling other people's back yards, looking for trouble. But 32 year old Perry Wallace seems to have been doing exactly that. He jumped a fence to get into the back yard of a homeowner. The homeowner and his family (a girlfriend and four children) were at home.

Then Perry made a big mistake. He tried to break into the home through the bedroom door, which led to the backyard.  The homeowner opened fire with his girlfriend's pistol, wounding Perry several times.

Just another night in Tulsa, you might think. There is nothing too remarkable about the events described, except the part about the borrowed gun. Most men in Oklahoma have their own guns. Maybe the homeowner has his as well, but the girlfriend's pistol was handier.

The interesting part is the police response. It is given by Sgt. Shane Tuell. Sgt. Tuell is the Tulsa Police Department Public Information Officer. Remarks by him can be taken as official. From newson6.com:
The homeowner's four children, ages four through 12 and his girlfriend were in the home at the time.

Police say they believe it was a matter of self-defense and that Wallace made a bad decision.

"If you're going to try to get into someone's house that's not your own, you're rolling the dice, especially here in Oklahoma. A lot of people exercise their Second Amendment, which is fantastic," said Sgt. Shane Tuell.
For five decades the most predictable police response to a self defense shooting seemed to be to advise citizens "not to take the law into their own hands". That response is in the process of changing. Street police know they are the clean-up crew. They are there after the fact. The rare instance where the police interupt a crime in progress is a cause for celebration.

Sgt. Tuell should be applauded for his direct support for the exercise of the Second Amendment. It is a building trend.

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


Saturday, December 10, 2016

OK: Man uses Girlfriend's Pistol to Shoot Intruder



Officers say at about 1:15 a.m., man jumped over the homeowner's fence and tried to break into a bedroom door, which led to the home's backyard.

Police say the homeowner grabbed his girlfriend's pistol and started shooting at the intruder through the door.

They said 32-year-old Perry Wallace was hit several times. EMSA took him to the hospital with what police said were non-life threatening injuries.
More Here

WV: Domestic Defense, Mother Disarms and Shoots Son who Pistol Whipped Her



HUNTINGTON — After her adult son attacked her with a gun in her home Tuesday night, a Huntington woman allegedly pulled the weapon from the man and shot him multiple times in the stomach and arms.

The shooting happened just after 7 p.m. in the 500 block of North Boulevard, where the 45-year-old man entered his mother’s home and began striking her with the gun, according to responding Huntington Police officers and scanner traffic. The woman managed to take hold of the gun and shoot her son before calling 911.
More Here

Friday, December 09, 2016

IL: Surprise! Criminals fear Death more than Arrest in Chicago

Image from greanvillepost.com

In Chicago, the rule of law has broken down. There have been 749 homicides  homicides so far this year, according to the web site HeyJackass.com. Those are all withing the city limits of Chicago. Chicago's population is 2.7 million. Given that we have over three weeks to go to the end of the year, the annual homicide rate for Chicago will be over 28 per 100,000.  That falls into the rates typical for places where the rule of law has failed. Places like South Africa (32), Brazil (25), the American Virgin Islands (33), Puerto Rico (24), and Jamaica(36).

28 is the overall rate for the entire city. In reality, some neighborhoods are much more violent, others have a very low homicide rate. It is all very predictable and based on human nature. When the rule of law cannot be relied on, people fear the law less than they fear their enemies.  Grudges, blood feuds, and tribalism (or the proto-tribes known as "gangs") flourish.

It is reasonable to fear being disarmed more than being arrested for being armed. From chicagotribune.com:
But what of the trigger men and boys?

"Their greatest fear is that they'll be caught on the street without a gun," Dart said. "They're not worried about being caught with a gun, but without a gun. There is a certain logic to it. They know the system, but that's not what they're afraid of."
In the gun culture, the saying is "It is better to be tried by 12 than carried by 6."

It was nice of Cook County Sheriff Dart to remind us of this fact. It is something that occasionally intrudes into the bubble surrounding those who want a disarmed public.

In Chicago it is exacerbated by the Ferguson Effect, where police, repeatedly attacked by the media and "progressives", (but I repeat myself) pull back from violent neighborhoods.

The Chicago Tribune and Sheriff Dart have discovered a fundamental truth known by most for thousands of years. Keep it up.  Before you know it, you will be reading the Federalist Papers.

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


NY: More Fruit of Caetano: Ban on Stun Guns Challenged



The unanimous Supreme Court decision in the New Jersey Caetano case is now being used against New York State's ban on stun guns. In the Caetano PER CURIAM decision (pdf), the Court held that:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).
A few days ago, I wrote such a suit was to be expected.  A lawsuit by the Firearms Policy Coalition has been filed against Governor Cuomo and others. From firearmspolicy.org:
ALBANY, NY (December 6, 2016) — Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and New York resident Matthew Avitabile have filed a federal Second Amendment civil rights lawsuit against New York Governor Andrew Cuomo in an effort to strike down the state’s ban on the acquisition and possession of Tasers and other nonlethal (sometimes called “less-than-lethal”) weapons.

Individual plaintiff Matthew Avitabile is the mayor of Middleburgh, New York and would like to buy and keep a Taser for self-defense. But New York Penal Law § 265.01 states that “A person is guilty of criminal possession of a weapon” if “He or she possesses any….electronic dart gun” or “electronic stun gun,” making the crime punishable as a misdemeanor.

The complaint states that, “Given the [United States Supreme Court] decision in Heller, Defendants may not completely ban the keeping and bearing of arms for self-defense” or “impose regulations on the right to keep and carry arms that are inconsistent with the Second Amendment.”

Earlier this year, the Supreme Court dealt a blow to a similar Massachusetts law, but that case was resolved before a final decision was reached.

Said lead counsel Stephen Stamboulieh about the case, “We are pleased to be working to vindicate Mr. Avitabile’s Second Amendment civil rights and hope to expand the right to keep and bear arms for all law abiding New York residents through this lawsuit.”
From the lawsuit(pdf):

 Arms are “‘weapons of offence, or armour of defence.’ 1 Dictionary of the English Language 107 (4th ed.)” They are anything that a man [or woman] wears for his defense, or takes into his hands, or uses in wrath to cast at or strike another.’ A New and Complete Law Dictionary(1771).” District of Columbia v. Heller, 554 U.S. at 581.

Eugene Volokh is one of the consulting attorneys on the case. Volokh is one of the most famous writers and experts on Second Amendment jurisprudence. His legal blog "The Volokh Conspiracy" is hosted by the Washington Post. 


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

Gun Watch

Thursday, December 08, 2016

CA: Armed Vallejo Resident Shoots, Intruder, then Escapes



The 27-year-old man said that the intruder broke into his house in the 200 block of Reynard Lane at about 4:30 p.m.

The resident said that, in fear for his life, he shot the intruder several times and escaped out the second-floor window, according to police.
More Here

MO: Armed Resident Shoots Suspect Attempting Break-in



SPRINGFIELD, Mo. (KSPR) - City police say a burglar has life-threatening injuries after a failed break-in.

More Here

MI: Armed Resident Fires at Three Intruders



EAST LANSING - Police are looking for three men after a resident fired a shot at them when they broke into his apartment early Tuesday, officials said.

East Lansing police were called to a unit in the Timberlake Apartment complex on Coolidge Road, at about 3 a.m., said Det. Sgt. Chad Connelly.

They found that three men, at least one of them armed with a hand gun, had made it a few feet into the apartment when a resident fired one shot at the men, who then fled.
More Here

Book Review: This Business of Exploring by Roy Chapman Andrews





This Business of Exploring, by Roy Chapman Andrews,1935 Putnam's Sons, 288 pages.

I first read This Business of Exploring about fifty years ago, when I was attending high school in Hayward, Wisconsin.  The book is a classic and deserves far more attention than it now receives. Libraries are discarding older books for newer ones. My brother found the copy we both had read at a library book sale. He picked it up for a dollar or two. It is in an honored place in his collection.

The book covers Roy Chapman Andrews explorations in central Asia and outer Mongolia from 1921 to 1930. Andrews was working for the Museum of Natural History in New York.  He made world news with his discoveries, including the first dinosaur eggs.  The book gives a rich texture to not only the troubled times in China, but to the American experience in New York City. 

In the picture of Andrews on the frontispiece, he is standing next to a riding camel  with a long barreled Smith & Wesson revolver in an open top holster and gun belt, worn cross draw style.  On page 28 he mentions his .38 revolver. It probably was chambered in the popular .38 Special cartridge.

China was infested with bandits and warlords at the time. Chapman and his companions were routinely armed as they did their explorations.  From This Business of Exploring, page 21:
Charlie selected one fellow who was standing silhouetted against the sky, and I lined my sights on another just in front of him. I was shooting a Savage .250-3000 with soft nosed bullets, and Charlie had a Ross .280. As our rifles crashed both men crumpled.
The men had already attempted to kill Andrews and Charlie. Their car had bogged down in soft sand, so they could not drive away.

A Savage .250-3000 occupied my fathers gun rack just feet from where I was reading Andrew's account.

The book is more than a look into China's troubled past and glimpses of American society in the 1920's and 30's.  It is a finely crafted first hand account of high adventure.  Andrews is careful to quote Stefansson's dictum " Adventures are a sign of incompetence".  I first heard it as "An adventure is when the plan fails".  Yet in spite of Andrews obvious competence, he has plenty of adventures.

Guns are routinely mentioned. They were absolutely necessary for defense and, to a lesser degree, for hunting to supplement food supplies.

If you cannot find a copy of This Business of Exploring at your library, used ones are available.  Originals can command high prices.  I managed to find one in Germany.  On the legend of the map, you can see that it is stamped by the War Prisoner's Aid of the YMCA in Geneva, Switzerland.  It was sent there during World War II, as indicated by the U.S. Censor stamp in the upper right corner.


Map inside the covers of This Business of Exploring

Reprints are available at Amazon in paperback for $24.97, and on the Kindle platform for $9.97.

Many think that Roy Chapman Andrews was the inspiration for Indiana Jones. There are many similarities, but scholars believe that Andrews inspired iconic explorer characters in 1930's fiction and films, which then became the basis for the Indiana Jones character.

There are many dangerous places to travel in the world. In the 1920's and 30's, it was understood that prudent men traveled armed.

I highly recommend this book.  It is an easy read, exciting, entertaining, and educational.


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

Gun Watch






The Hearing Protection Act is Getting a lot of Attention

 

During the 2016 presidential election, President Donal Trump emphasized his support for the Second Amendment. I do not recall that he ever mentioned gun mufflers, silencers, or the Hearing Protection Act.

But the penumbra of his attention to the Second Amendment is having implications beyond his direct gaze. The President Elect is setting the tone, and people are falling in line.

The Hearing Protection Act, or HPA, was filed by Matt Salmon of Arizona. Matt has been a stand up guy for he Second Amendment. Matt is retiring this year, but the HPA will go forward in 2017.  The bill reforms the current archaic restrictions and regulations on gun mufflers or silencers.  Those restrictions are from the 1930s and never made any sense.

The rest of the world does not share America's self imposed prohibition on gun mufflers.  In the rest of the world, silencers are regarded as a useful accessory, something that the neighbors appreciate because it reduces noise pollution.

In Europe, silencers are far less regulated than they are in the United States.  In New Zealand, a 12 year old can walk into a hardware store, pay $20, and walk out with a perfectly serviceable commercial silencer.

Before the election of Donald Trump, the HPA did not appear in the top ten of the most viewed bills before Congress.

After the election, in the week ending November 13th, the Hearing Protection Act was the second most viewed bill in Congress.

In the week ending November 20th, it was again the second most viewed bill in Congress.

In the week ending November 27th, it was the most viewed bill in Congress.

In the week ending December 4th, it dropped to the third most viewed bill in Congress.

Congress critters pay attention to these sort of things. Here is the link to the site that tracks the most viewed bills, if you want to see how the HPA is doing in the weeks ahead.

The HPA is common sense reform legislation that is long overdue.

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

Gun Watch

Wednesday, December 07, 2016

Followup FL: No Charges for Man who Shot Assailant at McDonalds Drive-thru



HIALEAH, FLA. (WSVN) - A man who shot a subject at a Hialeah McDonald’s drive-thru will not be facing charges after investigators determined he acted in self defense.

According to police, a road rage dispute in the drive-thru line of a McDonald’s, Monday night, escalated to a physical attack by 21-year-old Sergio Hernandez and his girlfriend, 20-year-old Vanessa Puente, against 22-year-old Victor Hugo Saavedra.

The altercation occurred at a McDonald’s located at 1660 W. 68th St., at around 8:35 p.m.

According to the arrest report, the altercation started when Saavedra honked his horn at Hernandez, who was standing by the window talking to a McDonald’s employee. Officials said Hernandez had just walked up to the window and was having a conversation with the teller.

Puente, upset that Saavedra had honked his horn, ran up to his car and began to hit the driver’s side window.

The report further states that when Saavedra got out of his car, Puente started punching him in the face, and then Hernandez joined in, hitting him in the back of the head.

As Saavedra was being attacked by the couple, police said, he drew his concealed Glock 9 mm pistol from his waistband and fired one round at Hernandez, striking him in the left pelvic area.
 More Here

The LA Times: National Reciprocity is Bad...




In an opinion piece at the Los Angeles Times, the Times writes that national reciprocity for concealed carry permits would be bad. 

The editorial is from the editorial board, so it reflects the Times official policy desires. 

The problem is that the Times cannot come up with any good reason for their opinion, other than the big bad federal government should not force poor little California to do something the California government (largely controlled by the LA Times and other "progressive" media") does not want them to do.

In this case, that something is to respect the Second Amendment even in a partial, half hearted way.  From  the editorial a latimes.com:
The reciprocity movement is nothing more than an effort to drive states’ concealed-carry laws to the lowest common denominator. Consider Utah, for instance. To qualify for a Utah permit, which is available to nonresidents and is already accepted by 36 other states, one need only be 21 years old, not be deemed ineligible under federal laws (no felony conviction or history of drug and alcohol abuse, for instance) and complete a Utah-certified Weapons Familiarity course, which can be taken outside the state. In fact, Utah has certified 169 instructors in California alone. Utah’s limited restrictions have made the issuance of concealed-carry permits something of a cottage industry for the state. Two-thirds of Utah’s 632,276 permits as of the end of last year were in the hands of nonresidents.

By comparison, California — with 33 times Utah’s population — has only 79,834 active concealed-carry permits, according to the state attorney general’s office. Among other things, California has a more stringent training regimen and requires a person seeking a permit to show good-cause for needing to carry a concealed weapon. 
The editorial board is careful not to mention that Utah has a murder rate of 1.8 per 100,000 people, one of the lowest of any state.  California has a murder rate of 4.8 per 100,000 people.  They also fail to mention that people who may legally carry firearms are less likely to commit crimes than police officers are.  They are far less likely to commit crimes than the general population.

The LA Times editorial board is bragging about how much they infringe on the Second Amendment rights of California citizens.  They imply how much they enjoy doing it. They are pleading with President Donald Trump and those nasty Republicans not to take away their progressive power trip pleasure.

Sorry, LA Times editorial board. You have shown yourselves to be a far greater abuser of rights than the Second Amendment community. Your abuse of the First Amendment as a way to destroy the rest of the Constitution is coming to an end. People do not find you to be credible any more.

Enjoy your long slide into irrelevancy.  You have earned it many times over.

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

Gun Watch

AZ: Tucson City Scofflaws in a Corner: Comply or Go to Court to Defend Stupid, Illegal, Policy


Mint Colt Python turned in for destruction in Tucson, Arizona, 2013.

Tucson, Arizona has been defying Arizona state law for several years. In 2013, the state government passed a law to prevent local governments from destroying valuable property (firearms) that came into their possession. It was passed, in large part, because the people of Arizona were tired of local governments using their power to create political propaganda designed to denigrate and destroy Second Amendment rights.

Denigration of Second Amendment rights is the primary purpose of gun "buy backs" and gun destruction. When local governments can no longer push the message of "Guns Bad", they stop doing gun "buy backs". Tucson ignored the law to keep making its political propaganda.

In 2016, the Arizona legislature passed SB 1487, which allows a state legislature to file a complaint with the State AG if a local government "violates state law or the constitution of Arizona."  If the AG finds the complaint to be valid, the local government entity has 30 days to rescind the law. If they do not, the AG is to direct the State Treasurer to stop sending state funds to the government entity.

The Attorney General's Office is in the process of enforcing that SB 1487 for the Tucson Government's scofflaw violations. From tucson.com:
The Arizona Attorney General’s Office has issued an ultimatum to Tucson over its policy of destroying confiscated handguns and automatic rifles.

Stop the practice immediately or face an expensive court battle, the office has warned city officials.
In the comments at tucson.com, Ken Rineer made the obvious critique about "automatic rifles".  From the comments:
"The Arizona Attorney General’s Office has issued an ultimatum to Tucson over its policy of destroying confiscated handguns and AUTOMATIC rifles."

Really Joe Ferguson? How many of those $4,820 firearms were select fire? Didn't you mean semi-automatic?

You know better.

I know Ken. He is a fearless and long term Second Amendment supporter. He has worked to force the Tucson government to live up to their oaths of office for decades.

Local governments do not have First Amendment rights. From thewashingtonpost.com:

(Note that local governments and state agencies likely have no First Amendment rights against state governments, because the state is entitled to control the conduct of its subdivisions; likewise, federal agencies have no First Amendment rights against the federal government. The question is whether state and local governments, agents of one sovereign, have First Amendment rights against the federal government, another sovereign.)
After a long train of abuses, the Tucson government is finally facing some consequences.  The Arizona Supreme Court will be the entity who decides of Tucson may violate state law with impunity.

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



AK: Armed Woman Shoots at Theives Driving her Truck


Police say she approached the truck on foot, and a man behind the wheel started driving at her.

The owner fired twice, shattering the front driver's window and putting a hole in the windshield.

OH: CCW permit Holder Shoots Robbery Suspect



COLUMBUS - One person is in critical condition after being shot near East 23rd Avenue and Hamilton Avenue.

Columbus Police responded to a report of a shooting in South Linden around 6 p.m. Tuesday.

At the scene, officers say they met with a person who claimed they were the victim of a robbery attempt. The victim in the alleged robbery attempt told police he defended himself with a firearm.
More Here

AL: Lack of trust in Courts leads to Justified Shooting

A couple, related to the woman, claimed they were attempting to retrieve stolen property.  The man was shot.

A man wounded by gunfire found walking down the road in McCalla earlier today was trying to force his way inside the residence when he was shot by the homeowner, authorities said this afternoon.

No criminal charges will be filed against the shooter.
More Here

FL: Domestic Defense, New Boyfriend shoots Attacking old Boyfieind


Brown’s 27-year-old ex-girlfriend and her current 31-year-old boyfriend were in her Arlington Eagle apartment on Alderman Road about 2:30 a.m. when they said Brown pounded on the front door and demanded it be opened. Then the door was forced open and Brown was standing there with a gun, pointing it at the woman and threatening to kill her, according to the police report.

The current boyfriend was in the bathroom and grabbed his own gun, firing it at Brown multiple times, the report said. The boyfriend told police that he believes Brown fired once or twice before getting into a Nissan Altima and hitting his ex-girlfriend’s car as he drove off.
More Here

MO: Clerk Shoots Armed Robbery Suspect



While the clerk was helping the man check out, the man revealed a handgun and pointed it at the clerk, according to police. The clerk then pulled out his own handgun and shot the man once in the left shoulder.

The man fell to the floor and the clerk called 911. The suspect tried to escape, but the clerk was able to hold him until police arrived at the location (2601 Chouteau Trafficway in North Kansas City, Missouri).
More Here

AR: Off Duty Officer Fatally Shoots Bank Robbery Suspect



The suspect in an attempted bank robbery who was fatally shot by an off-duty Benton police officer Friday afternoon has been identified as a 58-year-old Arkansas man.

The Benton Police Department said in a statement the man was Joseph Edward Turner Jr. of Grant County.

More Here

Tuesday, December 06, 2016

Gun Control Leads to Accidental Death in Taiwan

Picture of homemade gun from chinapost.com.tw

A 12 year old boy accidentally shot and killed his 20 year old uncle in Taiwan. They were getting ready to go hunting with a homemade gun. The projectile passed through the uncle and lodged in the father's back.  The father will survive. From chinapost.com.tw:
The sixth grader, surnamed Pan (潘), was reportedly handling the rifle at home with his 20-year-old uncle, surnamed Feng (酆), when the weapon discharged and hit the uncle in the right pectoral.
The bullet shot through Feng and fired into a separate room of the house, hitting Pan's father in the back.
The homemade gun pictured is lying on floor tiles.

A common floor tile size in Taiwan is 300mm by 300mm. That is equivalent to 12 inch tile in the U.S.  If the tiles are 12 inches, the grip is about 4 inches, which seems correct. The length of pull would be about 11 inches, also reasonable.  That would make the barrel about 10 inches, and the overall gun about 24 inches long.  A bit short, but easy to carry and move about. I do not see any sights. The outside diameter of the barrel is small, about .5 inches or less. 

I suspect that the propulsive force is provided by nail gun cartridges. The are a common propellant source for homemade guns in China. The gun is said to be legal, so it could use percussion caps.  You can see a potential ramrod under the barrel. It might be a cleaning rod or do double duty as both. The bore is probably smooth, without rifling.

It is common for governments that install highly restrictive gun control schemes to allow aboriginal people to hunt with obsolete technology.  They already have access to the technology, and efforts at enforcement only engender resentment.  From the chinapost.com.tw:
The government grants aborigines the right to own home-made rifles.

However, such weapons are prone to accidental discharge, and there have been several reported cases of accidental injury and death within recent years.
If the government would encourage hunting safety training, and allow the hunters access to modern firearms, accidents might be reduced. Hunter safety courses have been associated with a drop in gun accidents in the United States.

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

Gun Watch



2017 is Best Chance for Permitless "Constitutional" Carry in Indiana



Permitless, or "Constitutional" carry has become an expanding trend in 2016. The number of states that do not require a government permission slip to carry a weapon for self defense, open or concealed, has jumped from seven to eleven. The four states added in 2016 were Idaho, Missouri, Mississippi, and West Virginia.

Indiana has always been a good candidate for permitless carry. It was one of the first states to have a shall issue permit. That was because of a judicial ruling on the Indiana Constitution, not legislative action.  From justia.com:
In Schubert v. DeBard (1980) Ind. App., 398 N.E.2d 1339, the question of what is a proper reason for carrying a handgun was decided by this Court. Schubert held that under Art. 1, § 32 of the Indiana Constitution[2] self-defense was a proper reason within IC 1971, 35-23-4.1-5(a). Furthermore, Schubert determined that absent some evidence to refute self-defense as a reason, the superintendent could not deny an applicant a license on the basis of the superintendent's subjective evaluation of the asserted reason.
If the right is individual, as the Indiana Court found in 1980, how can the requirements for a permit be constitutional?  It is a tough sell. Representative Jim Lucas has been working at correcting this situation for several years. Lucas thinks that 2017 may be the best chance yet to remove the requirement to have a permit to carry a self defense weapon. From fox59.com:
INDIANAPOLIS, Ind. -- An Indiana lawmaker wants Hoosiers to be able to carry a handgun without a license, and he thinks his proposal could finally have a shot.

Around one in 10 people in Indiana have a license to carry, and that number has gone up by more than 50 percent since 2012.

State Rep. Jim Lucas, R-Seymour, says that rising demand is part of the reason he wants to free people from applying for that license in the first place.

"To me it’s immoral and even it is criminal ... to force an innocent person to jump through hoops and pay money to the state to prove their innocence and exercise a constitutional right," Lucas said.
Indiana become more Second Amendment friendly during the 2016 presidential election.  Representative Ben Smaltz, R-Auburn, has been promoted to chairman on Corrections and Criminal Law. Smaltz is an ardent Second Amendment supporter.

Several other states are also considering "constitutional carry" bills. They include Texas, South Dakota, New Hampshire, Utah, and Tennessee.

According to my sources, Wisconsin is conceivably in play. Wisconsin's constitution is very clear, but there has not been a clear Wisconsin Supreme Court decision to enforce it. Yet. Wisconsin now has a clear 7-2 majority of originalist judges on the Supreme Court, and an originalist Chief Justice. This is a situation than has not existed in Wisconsin for decades.

It is almost certain that more states will be jump on the permitless or "Constitutional" carry bandwagon in 2017.


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

Link to Gun Watch



Monday, December 05, 2016

CA: Robbery with AR 15 type "Rifle" stopped by Clerk with Pistol (video)


At 1:55 a.m., on Monday, 28 November, at a 7-11 convenience store in Fresno, California, an armed and alert clerk fired one shot to stop an attempted armed robbery.



Link to  video

It has been reported that the suspects were armed with an "assault rifle". From the daily mail.co.uk:
Two robbery suspects who burst into a California convenience store were left running for their lives after a store clerk turned the tables on them and fired back.

Surveillance footage from inside a 7-Eleven store in Fresno shows the moment a man brandishing a rifle, followed by a woman, went into the store and demanded money.
I applaud the clerks rapid response.  The entire incident took about eight seconds. With the advantage of plenty of time and screenshots from the surveillance video, you can see that the suspects were not armed with a rifle.

In the images, it is clear that there is no buffer tube or stock on the "rifle". The magazine appears to be of standard size.  Some manufacturers make .22 rimfire pistols that are close to this configuration, such as the Mossberg 715P.  In the image, the sights and carry handle are incorrect for the Mossberg pistol.  It could be the Mossberg 715T rifle, with a shortened barrel and the stock removed.

It may be an airsoft gun. That would explain why the suspect did not fire any shots.  In California, the penalties for brandishing a fake gun are lower than for brandishing a real gun. From shouselaw.com:

    1. Brandishing  a  pistol, revolver, or other firearm capable of being concealed upon the person... in a rude, angry, or threatening manner... in a public place:
      • a minimum three (3) month, to a maximum one (1) year, jail sentence, and/or
      • a maximum $1,000 fine.92
  1. Brandishing any other firearm... or brandishing a firearm in other than a public place... in the same manner:  not less than three (3) months in county jail.93
  2. Brandishing an imitation firearm: not less than 30 days in county jail.94
Was the item used by the suspect above real or fake?  Hard to decide in a few adrenaline charged seconds.

The clerk has not been charged.

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


Followup NC: No Charges in Shooting of Larry Junious Graves



Terry, then 56, shot Graves, 64, after Graves forced his way into Terry’s house at 2002 Lower Hopedale Road, Burlington, early in the morning of July 24. The investigation by the Alamance County Sheriff’s Office and District Attorney’s Office found that Terry woke up that evening to hear his dog barking. He saw Graves — whom he didn’t know — parked in his driveway. Terry went outside with a flashlight, phone and gun.

Graves confronted Terry on his porch, calling him by someone else’s name and approaching the house. Terry told Graves he had the wrong man, warned that he was armed and told him to leave. Terry fired a warning shot into the ground as Graves approached. Terry tried to get a photo of Graves’ license plate with his phone, but Graves threw something at him and attacked him before running into Terry’s house.
More Here

TX: Domestic Defense, Armed Homeowner Shoots Girlfriend's Ex


WILLIAMSON COUNTY, Texas (KXAN) — A deadly shooting that happened late Thursday night near Round Rock appears to be a case of self-defense, says a spokesperson with the Williamson County Sheriff’s Office.

A homeowner on Angelico Lane told police that around 10:30 p.m., he was inside the house with his significant other when they found out her ex-boyfriend was in the backyard. The homeowner, armed with a flashlight and pistol, went to the back door when the suspect attempted to force his way into the home. Police say that’s when the armed man fired two shots, hitting the suspect, who later died.
More Here

FL: Armed Homeowner Shot in Attempted Disarm



Karl Ott, 66, was at his home on Williams Boulevard in Seminole when the intruder forced his way through the back door. “Ott was in his bed asleep when he heard the noise. And at that time he got up and grabbed his handgun to confront the suspect,” Kavontae Smalls with the Pinellas County Sheriff’s Office said.

Detectives said a struggle occurred. During the struggle, the intruder shot Ott in the arm.

At first, Ott told detectives he mistakenly shot himself with his own handgun. Through the course of the investigation, detectives determined that Ott was shot by the suspect.

The man who broke into Ott’s home took off. It’s unclear whether he ran away or got into a vehicle. Deputies are searching for him.
More Here

TN: Domestic Defense, Man Attacks Mother of Kids, Is Shot



MEMPHIS, TN (WMC) -

A man was killed Friday night when a domestic incident turned violent.

The shooting happened in the 4100 block of Parkchester Avenue just after 8 p.m.

Investigators said a man was there to visit his children when he got into an altercation with his children’s mother and her sister.

“It's just crazy, because this neighborhood is quiet, real quiet,” Jenora Hankins said.

During a struggle, the man was shot. Police said both women were reportedly assaulted.

According to Memphis Police Department, the man was taken to the hospital critical condition, but he later died from his injuries. One woman was taken to the hospital in non-critical condition.
More Here

MO: Bill Introduced to Hold Gun Free Zone Owners Liable for Damages



In 2016, SB 1736/HB2033 was passed in the Tennessee legislature. The bill was an attempt to hold businesses that chose to ban defensive firearms from their premises responsible for damages. That was a step to far for the Tennessee legislature. The bill was cut back to say that businesses that did not ban firearms would be immune from lawsuit for actions that resulted from their lack of a ban.

In Missouri, Representative Schroer has introduced a bill, HB 96, that is very similar to the original HB 2033 in Tennessee.

From news-leader.com:
The proposal, known as House Bill 96, which would apply when a person who is authorized to carry a firearm, is prohibited from doing so by a business and is then injured by another person or an animal.
If the injured person could otherwise have used a gun for self-defense, they could sue the business, which "assume(s) custodial responsibility for the safety and defense of any person" on their property who could carry.

Here is the opening paragraph of HB 96. From mo.gov:
1. Any business enterprise electing to prohibit the possession of firearms or other arms by the placement of signs as authorized under section 571.107, or other provisions of chapter 571, shall assume custodial responsibility for the safety and defense of an person who is authorized to carry fire arms or other arms under chapter 571 while such person is on the premises of the business enterprise. The provisions of this section shall not apply to private  property not used for commercial purposes or private residences of any type. For purposes of this section, "business enterprise" means any business that sells or provides goods or services to the general public.
The bill has not been scheduled for any committee hearings or any of the process that will be required to guide it through the legislature.  It has only been introduced.  If passed, it creates a powerful incentive for property owners or managers not to put up "No Gun" signs, or to take them down if they are now in place.

If property owners or managers put up a "no gun" sign, or leave one in place, they are held responsible for damages to legal gun carriers who disarmed because of the sign.  They are held responsible for damages that occurred to the legal gun carrier because of being disarmed on the way to and from the premises where they were legally prevented from being armed.  Only those locations that are required to be Gun Free Zones by state or federal law are exempted.

No thinking property owner, unless they are strongly politically or ideologically motivated, will go against these incentives.

The bill follows a trend in several other states.  Kansas grants immunity from liability to property owners and managers from damages that may result from legal gun owners possessing firearms on or in their property.  Wisconsin does the same.  Tennessee, as mentioned above provides a level of immunity to businesses which do not ban firearms.

The Missouri Legislature has been friendly to Second Amendment supporters.  Watch this space for future developments.

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

Sunday, December 04, 2016

More on VA: Culpepper Shooting Included Disarm of Intruder


Police say 18-year-old Amber Eley of Orange, Va. knocked on a door on Woodland Church Road around 6 p.m., asking for help with her car. The man who lived in the home turned her away.

Police say Eley came back a half-hour later with an armed male accomplice. They say that's when 21-year-old Delonte Jones of Prince George's County hit the homeowner in the head with his gun and forced his way in. The two fought. The man got control of Jones' gun, and used it to shoot him in the stomach.

More Here

How many unsolved Homicides are Justified?

Image from HeyJackass.com

While the site HeyJackass.com is not an "official" tabulator of homicides in Chicago, they seem to do a fairly credible job.  They show that 9 out of about 700 homicides in Chicago this year have been listed as from self defense, and there are 11 listed as police related. That is close to the official ratio listed in the FBI Uniform Crime Reports (UCR) for the nation, which show police justified homicide a little bit greater than non-police justified homicides.  Both of those numbers are significantly under reported. Only about one out of five non-police justified homicides are caught by the UCR.  It appears that about half of justified police shootings are recorded in the UCR.

Nationally, the clearance rates for homicides is about 63 percent. We know that most homicides occur among criminals and their criminal associates. Most of them are not legally able to possess firearms. They have a significant incentive to avoid the authorities. In Indianapolis, police are wondering how many of the unsolved homicides were justified. From fox59.com:
During recent months, IMPD commanders were discussing whether some of the murders investigated by detectives should be reclassified as self-defense homicides.

On Sept. 14, the bodies of Mack Taylor and Alexander Brown were discovered in an alley near the 3000 block of North Gladstone Avenue where detectives determined two days earlier they had attempted to rob a drug dealer.

Detectives have considered whether or not that drug dealer fired back in self-defense of a home invasion robbery.

“You have the right to use deadly force to prevent the threat, imminent threat, you don’t have to wait to get hit,” said Hennessey. “It could be serious bodily injury or death so you can kill someone that is gonna beat you up.”

A few days later three people died of wounds as the result of a shootout in the 2000 block of West 76th Street. A fourth person survived, and, without any witnesses left alive to counter his story, claimed he was defending himself from a drug robbery.

“Just because you’re committing a crime doesn’t mean that you have to allow yourself to be robbed or killed or beaten up,” said Hennessey.
In some cities, such as Chicago, the clearance rate is much lower, about 20%. If the chance of being caught after justifiably killing someone is one out of five, many criminals are accepting that risk. A feedback effect occurs. People do not trust the police, the police solve fewer cases, so fewer people trust the police. In Chicago the feedback loop has been accelerated with the Ferguson Effect, where the authorities do not back up the police, so the police take fewer risks, leading to higher homicide rates.  From chicagotribune.com: September 9th
Those figures — known as the clearance rate — include homicides marked as solved in the current year but committed in different years. But when old cases are stripped out, Chicago's clearance rate for 2016 homicides drops to about 21 percent. In all, Chicago police had solved just 92 of 432 homicides committed in 2016 through Aug. 16, according to police statistics.

Experts point to several reasons for the exceptionally low clearance rate in Chicago. Most killings in Chicago take place amid a street gang culture that intimidates anyone from coming forward with information.

"It's reflective of witnesses that don't want to come forward; they're afraid gang members will retaliate," said Thomas Alexander, a University of Maryland professor who researches clearance rates. "Another reason for low clearance in gang killings are people just don't trust the police."
As cities become less law abiding, revenues plunge. In Chicago the number of officers has dropped significantly in the last seven years. The number of Chicago detectives has dropped from 1,151 in 2009 to 863 in 2016. Crime scene technicians have dropped from 113 to 84.

Crime increases poverty at least as much as poverty increases crime.

It is certain that some percentage of unsolved homicides were justified. We will never know how many were.

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

Link to Gun Watch

OH: Officer Horujko, Stopped Terror Attack, Competitive Shooter


Here are some details about the Ohio State University officer who acted so quickly and decisively to stop the terrorist car and knife attack Monday morning, the 28th of November, about 9 a.m.  Horujko was president of his high school rocket club, leading him toward an engineering degree.  From clarionledger.com:
Horujko graduated from Fairfield High School in 2007, according to previous reporting by The Enquirer. President of the school's rocket club, he planned to major in engineering.
Horujko, like many engineers, liked guns. He was a competitive shooter. But Horujco found he was not passionate about engineering. He liked police work better. He switched his major.  From cincinnati.com:
Horujko, who listed himself as a "competitive shotgun shooter," trained to be a police officer at the Delaware Area Career Center. He worked as a security guard and then as an officer for OhioHealth hospitals in Columbus.
He is extremely fit. He is an runner.  From AP at policeone.com:
Horujko, 28, was placed on administrative leave Monday and the investigation turned over to Columbus police, consistent with protocol for police shootings. Horujko appears to be an avid runner, with several half-marathons under his belt, according to online race results.
Smart, exceptionally fit, a firearms competitor. This puts officer Horujko into a very exclusive group of peace officers.  Ohio University is fortunate that he was so close to the scene of the attack, and was able to respond so quickly.

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

Link to Gun Watch



Saturday, December 03, 2016

VA: Homeowner Shoots, Kills, Intruder



An alleged intruder was shot and killed Thursday evening by a Culpeper County property owner.


According to the Culpeper County Sheriff’s Office, the department received a report of a shooting at a home in the 14000 block of Woodland Church Road at 6:22 p.m. Units from the sheriff’s office responded and found an alleged intruder shot by the homeowner. The suspect is dead.
More Here

NC: Armed Homeowner Shoots Intruder, twice



Just after 2:30 a.m., the homeowner said he heard noises coming from his back door.

Police said the homeowner then saw a male intruder entering the home.

The homeowner told police the suspect approached him so he fired a shot, hitting the intruder in the stomach.

The intruder kept approaching the homeowner so another shot was fired, also hitting him.
More Here

KS: Farmer Shoots Intruder, Investigation Ongoing



ST. FRANCIS, Kan. --Cheyenne County, Kansas, Sheriff Cody Beeson reports that his officers and those of the Kansas Department of Wildlife, Parks and Tourism responded Wednesday to a report of a suspected intruder being shot by a property owner in rural Cheyenne County.

More Here

AL: Felony Charges for Store Owner who Shot at Thief, hit Man




MOBILE, Ala. (WPMI) — An alleged thief steals beer from a store, but it's the store owner who's now facing two felony charges.

Mobile Police said the owner of One Stop Food Mart, 43-year-old Rakeshkumar Patel, shot at the alleged thieves as they were driving out of his parking lot.
More Here

Followup TN: No Charges for Charles Russell in Gas Station defensive Shooting



EAST RIDGE, Tenn. — The customer who shot and killed an East Ridge convenience store robber in June will not face charges. The district attorney's office announced today the shooting, carried out by Charles Russell, was justified.

"It was a big relief," said Charles Russell. "A lot of weight lifted off my shoulders."

More Here

Poem: The Constitution by Ellin Anderson

THE CONSTITUTION

By Ellin Anderson

The scroll that holds our liberty is frail,

With nothing but the truth to fill its sail,

Breathed by the brave in secret long ago,

And then proclaimed as thunder to the foe.

Its namesake is Old Ironsides, whose strength

Took cannon volleys all along its length

Of battle-worthy, seasoned oaken planks,

Just as the foe now hammers at our flanks.

As sturdy as whoever takes the helm,

As solid as the people’s sacred realm,

Oh ship of state, your sail a parchment scroll,

Forever on the waves of freedom roll,

And make the same wild hearts your mighty fort,

AMERICA THE FREE our starry port!

© 2016 by Ellin Anderson. All rights reserved. No part of this work may be copied or used in any way without written permission from the author.


Source

Record NICS Background Checks Through November 2016



Chart done by David Scott

The November NICS background checks broke the record for the nineteenth month in a row. 2016 has become the year with the most gun sales ever. The 2016 NICS checks have surpassed those for 2015, the previous record holder. In November, 2016 there were 2,561,281 National Instant Checks done.  In 2015, the  number done in November was 2,243,030.

In 2015, the total NICS checks for the year were 23,141,970 .  In 2016, through November, they were 24,767,514.  That is 1,625,544 more than the total for 2015, with the biggest month, December, 2016, yet to happen.  Last year there were 19,827,376 by the end of November. 2016 is nearly five million ahead of that record pace. 

2016 is 25% ahead of where 2015 was at this time.  If this pace continues, 2016 will end up a little short of 29 million background checks for the year. It is already the record breaking year of all time.

The common wisdom is that with the election of Donald Trump, the record breaking pace of NICS checks will slow. The price of gun manufacturing stocks has tumbled. But there are contrary indicators.

First, consumer confidence is soaring as we enter the Christmas season. Second, heightened gun sales have been reported for some minority groups. Third, many gun retailers have put product on sale, in anticipation of a drop in demand.

My prediction is that December will be a record breaking month, but not by a very large margin. The total NICS checks for 2016 will be between 28.8 and 29 million.  That will be an amazing record.

There are 15 years where we can compare the NICS background checks to the actual addition to the private firearms stock, as reported to the ATF.  During that period there have been about .6 firearms added for each NICS check.

The NICS checks are done for more than new firearms.  They are done for used firearms as well. They are done when trade ins are sold at gun shops or when used guns are sold at gun shows.  NICS checks are done for gun carry permits, which are also breaking records every month.  In most states, once a person has a carry permit, further NICS checks are not required to purchase a firearm.

We will not know exactly how many guns have been added to the private stock in 2016 until late January, 2018.  The numbers will not be reported to the ATF until the end of 2016. The ATF is required by law to hold them from public view for a year, to prevent proprietary information from being released.

It is easy to see how one manufacturer would like to know exactly how many guns of certain models and calibers their competitors are selling.

Given the NICS numbers, there will probably be 17+ million guns added to the private stock in 2016.  That would increase the total number to 405 million private firearms in the United States.

The private firearm stock in the United States will have increased by nearly 100 million firearms, or 30%, during the two terms of the Barack Obama presidency. The increase will likely be 97 million firearms.  We will have to wait for 2018 to determine a more precise number.

I expect December NICs to be  3.3 to 3.5 million.

Many indicators show a soaring and  diverse level of gun ownership.  Carry permits are burgeoning, approaching 15 million and more.  Gun ownership among women and minorities is at an all time high.

Who would have thought that President Barack Obama would be the record setting, all time champion, gun salesman?  The total NICS checks will reach over 253 million by years end.  That will be over 153 million firearms added to the private stock in the last 18 years. Over 37% of the private firearms stock will be less than 18 years old.


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

Link to Gun Watch

Friday, December 02, 2016

CA: Antioch Resident Shoots, Kills Man Breaking into Home


On November 29 at approximately 11:55 pm, Antioch Police Officers were dispatched to the 2900 block of Winding Lane on the report of an intruder breaking into a residence and that the intruder had just been shot.

According to Antioch Police Sergeant Tom Fuhrmann, when officers arrived they found a 21 year old, male, Antioch resident (the intruder) suffering from multiple gunshot wounds.
More Here

CA: Homeowner Shoots, Kills Intruder



The deceased was an intruder shot during a home invasion, one neighbor said she was told by a deputy.

But as of Wednesday evening, investigators had yet to determine exactly what happened, said Sheriff's spokesperson Cindy Bachman.
More Here

TX: Domestic Defense? Armed Woman Shoots Boyfriend's Ex who Attacked Her


According to Houston police, a woman went to her ex-boyfriend’s apartment in the 21000 block of Aldine-Westfiled around 11:30 p.m. Tuesday, but his new girlfriend was inside.

The ex got angry and managed to get inside the apartment — a doorknob was broken — and got into a fight with the new girlfriend.

The new girlfriend was carrying a gun, and shot the ex-girlfriend in the abdomen.

More Here

TX: Homeowner Shoots a Man Attempting Break-in



The homeowner told police around 3:30 am, he heard someone breaking into his home on the 137000 block of Hillwood Trial. He says the burglar was breaking in through a second story window. So, he shot at the burglar twice who then ran off into nearby brush.

More Here

FL: Armed homeowner Shoots 1 of 3 Intruders



The homeowner spotted the burglars and shot one of them, but the other two got away. They were later found and arrested, the station reported.

Police did not identify any of the burglars by Monday evening.

Read more here: http://www.miamiherald.com/news/local/community/broward/article117639058.html#storylink=cpy

More Here

NM: Teen Shot by Armed Victim During Attempted Carjacking



There, they learned that three young men, who may have been armed, tried to carjack the victims who were in a car in a parking lot.

“Apparently they were on a date, doing their nightly thing just like any other couple in Albuquerque would be doing, and then these guys attacked them,” Duran said.

The driver of the vehicle fired one shot at them, hitting Gonzales. The other two suspects fled on foot.

Duran said detectives believe those other two suspects are also teens and were trying to track them down Tuesday.
More Here

TX: Constitutional Carry Bill HB 375 Filed



Many people view Texas as an extremely gun friendly state. Texas has been becoming gun friendly, but the image has not been entirely deserved. The Texas Legislature only restored partial open carry rights last year, after banning most open carry for a hundred and thirty years after Reconstruction.  Open carry still requires a permit from the state. The permit fee is $140, putting it out of the reach of many people.  State Representative Jonathan Stickland wants to change that. From caller.com:
“It’s time in Texas to restore our Second Amendment rights to their originally intended level,” said state Rep. Jonathan Stickland, a Fort Worth-area Republican who last year spearheaded the successful open-carry bill.

This time, Stickland is the chief author of legislation supporters call “constitutional carry.” Unlike the open-carry bill, the new measure does not require a license — or the passing of a gun-safety test and the payment of a $140 fee for the license — to allow a handgun to be carried either openly or concealed.

Stickland, who will begin his third two-year term when the Legislature convenes Jan. 10, pushed hard for a similar bill in 2015 but lawmakers were unwilling to go that far. This year, Stickland has a well-placed ally for at least addressing the license fee.
That ally is Lt. Governor Daniel Patrick. Lt. Governor Dan Patrick has been a staunch Second Amendment supporter in Texas.  He is enthusiastically pushing to reduce the fee for the Texas Concealed Handgun License.
 “Texas has one of the highest license-to-carry fees in the country,” Patrick said. “No Texan should be deprived of their right to self-protection because of onerous licensing fees imposed by the state.”
There is a lot of Texas legal code concerning the carrying of handguns and weapons. Strickland's bill has to deal with that, so it is fairly long. The bill is H.B. 375.  Here is one of the key provisions of Stickland's bill.  From state.tx.us:
Subsection (k) to read as follows:
(k) Notwithstanding any other law to the contrary, a person who is not otherwise prohibited by law from possessing a firearm shall not be required to obtain any license to carry a handgun as a condition for carrying a handgun.
Eleven other states already have permitless or "Constitutional" carry. Texas is not breaking any new ground. Constitutional carry is already working well in other states.  Strickland's bill has a shot.  Four states passed Constitutional carry last year, in 2016. Those states were Idaho, Mississippi, West Virginia, and Missouri. Several other states are considering removing infringements on the carry of arms in 2017.

It is not clear if there is sufficient public pressure in Texas to remove the infringement of a license to carry in 2017.  In 2015, I predicted that open carry would pass, and that campus carry might pass. The Texas legislature passed both.

Here is a prediction for 2017. Constitutional carry may not pass, but the license fee will be reduced.  It is an incremental step toward "Constitutional" or permitless carry.  Before Reconstruction, Texas had the strongest right to bear arms amendment of any state in the United States.  In Texas, even slaves had the right to keep and bear arms, as affirmed by the Texas Supreme Court in 1859.  The decision was Cockrum v. State.  (added) An expanded explanation of this is given in Stephen Halbrook's article on The Right to Bear Arms in Texas, Section II C.

High permit fees chill the right to keep and bear arms.  John Lott has noted that the more a permits costs to acquire, the lower the percentage of people who acquire them.  A lowered permit fee is a move toward removing an infringement on the Second Amendment. 


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

Gun Watch

GA: Black Man Shoots One, Protected by Sheriff



It was Saturday afternoon, the 26th of November, on Highway 138  in Georgia. The traffic was heavy after the college football game between Georgia and Georgia tech. The game had been a nail biter.  Georgia Tech  beat Georgia 28-27 in the last 30 seconds of the game.  In the heavy traffic after the close game, emotions may have been running high.

That was when Dontavious Chancy pulled in ahead of four men in a pickup truck. Chancy said that they tried to run him off the road. All the vehicles ended up stuck in traffic near Forrester Cemetery Road. The four men approached Chancy's vehicle, a large, late model, silver grey van. They were yelling.  Chancy said they called him a monkey, and one of them had a knife. From ajc.com:
The men got out of the truck and confronted the driver, Chapman said. One of the men swang at the driver multiple times through the car’s window. At this point, the driver got a pistol and shot the man who was trying to hit him.
Eric Levett, Rockdale County Sheriff happened to be stuck in the traffic, several cars back from the shooting. Immediately after the shooting, he left his vehicle and took control of the scene.  From wsbtv.com:
“They began yelling, ‘this guy just shot my brother, he just shot my brother,’" Levett told Artz.

Levett said he was headed home Saturday, when he witnessed the end of the road-rage incident on Georgia 138 in Walton County.

He said he heard men yelling and then gunfire rang out seconds later.

"I can tell you the one gentleman was in the car by himself, he was solo, alone. And you have four guys approaching you yelling, it appeared to me he feared for his life," Levett said.
Chancy had a concealed carry permit. Sheriff Levett said that he cooperated fully.
 Chancy has not been charged with any crime. It's unclear if the four men are going to be charged.
Some interesting things are not mentioned in the news reporting.  It is likely that the four men who approached Chancy are white. In the video taken directly after the incident, three white men are standing near the man who was shot. They are moved away by local law enforcement.  We have a likely interracial incident where a single black man shoots a white man. The sheriff, who is on the scene within seconds, protects the black man, does not shoot him, and gives interviews saying that he was probably justified. Chancy is not arrested. From 11alive.com:
 Police believe heavy traffic and high emotions from the game contributed to the incident.
Investigators on Sunday updated that the shooter was acting in self defense and will not face charges.
It blows apart the whole Black Lives Matter narrative.

Sheriff Levett is black. But as shown by the recent Crime Prevention Research Center study, black police officers are slightly more likely to shoot black suspects than are white police officers.

From my experience, it is unlikely that the individual shot will be charged with a crime. The wounding and hospitalization will be considered sufficient punishment.

This shooting will not be considered a "justified shooting" in the FBI Uniform Crime Reports (UCR).  The FBI UCR definition of a justifiable homicide is that it has to happen during the commission of a related felony.  If no felony is reported, there can be no justified shooting, according to the FBI UCR definition. In addition, no one was killed. The FBI UCR does not have a category for justified shooting, only justified homicide.

Because of this and other problems, the FBI UCR grossly under-reports justified homicides.  The UCR may catch about one in five.

A black man with a concealed carry permit shoots a white man who was assaulting him.  Law enforcement on the scene protects the black shooter.

It will not be reported that way.  It does not fit the establishment media's narrative.


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

Link to Gun Watch

Thursday, December 01, 2016

GA: Armed Victims Stops Road Rage Attack



Chancy said when the cars came to a stop near Forrester Cemetery Road, the men jumped out and rushed his vehicle. He said one man had a knife.

Chancy told Artz that’s when his family flashed before him.

"Will I be able to go home to my family? That was the only thing going through my head. I was trying to get home," Chancy told Artz.

Chancy said that's when he pulled his weapon and shot one of the men in the stomach.

More Here

OH: 68-Year-Old Shoots, Kills 1 of 2 Home Invaders



CLEVELAND, Ohio -- A 68-year-old man shot and killed one of two home invasion suspects who broke into his home late Sunday.

A man died in the shooting, but police and the Cuyahoga County Medical Examiner have not released any information on the man who died. The medical examiner confirmed the man died but will wait to release his name until his family is notified.
More Here

ME: Amed Victim Drives off two Home Invaders



 
Police officers said they were called to a home on Lincoln Street at approximately 12:37 a.m., for an attempted home invasion.  Police say two males forced their way through the door of the apartment.  The suspects ran away after the victim called 9-1-1 and confronted the suspects with a weapon.

More Here

IN: "Meet Me" app Lured Armed Victim who Shot, Killed Teen Attacker


Detectives investigating the circumstances of the shooting believe Johnson and a 14-year old male used a social media “Meet Me” app to make the man think he was coming to the house to meet a young female. The shooting happened in the garage when police say Johnson pointed a gun at the man and began to search him. Police say the man pulled his own gun and shot Johnson. The man ran away from the house and called police to turn himself in, according to IMPD.

Police interviewed the 21-year-old man and later released him. Police say it appears the man was acting in self defense when he shot Johnson.

More Here

OH: Cheap gun/profit Opportunity in Cleveland, 4 December 2016


 

There will be a gun turn in event in Cleveland, Ohio on Sunday, 4 December,  2016.  While these events are commonly labeled with the propaganda term "buyback" the guns were never owned by the people attempting to buy them.
Private sales of firearms in Ohio are legal, and Cleveland cannot override state law.  The location has changed from 2014. That year, the location was on Payne Avenue. This year it will be on Chester Avenue.  From patch.com:
CLEVELAND, OH — Mayor Frank G. Jackson and Chief of Police Calvin D. Williams proudly announce that the 2016 City of Cleveland Gun Buy-Back will be held on Sunday, December 4, 2016, at the Third District Headquarters at 4501 Chester Avenue. In exchange for operable handguns or semi-automatic weapons, citizens will be given a either a $100 (handguns) or $200 (semi-automatic weapons) gas or food gift card.
The event is scheduled for only four hours, from noon to 4 p.m., according to cleveland.com. The short notice given for the event may reduce the number of respondents.

Here are the guidelines for people who wish to turn in a firearm at the "buy back".  From clevelandpolicefoundation.org:
  1. Bring a working handgun or semi-automatic rifle to the Third District Headquarters located at 4501 Chester Avenue on Sunday, December 4, 2016, between the hours of 12:00 p.m. and 4:00 p.m.
  2. The weapon must be unloaded in a clear plastic bag inside a second container (gym bag, backpack, etc.).
  3. Transport the unloaded and properly bagged weapon locked in the trunk of your vehicle.
  4. Pack ammunition separately. Non semi-automatic rifles and shotguns can be turned in but NO incentive will be given.
  5. Cleveland Police Officers will inspect the weapon to ensure that it is operable.
  6. After the officers determine that the weapon is operable a $100 gift card will be given to those who turn in a handgun and a $200 gift card to those who turn in a semi-automatic rifle.
There are many semi-automatic rifles that cost considerably less than $200 at retail.  A Marlin model 60 today can be had, brand new, for $150.   A Savage model 64 can be had for $116, and the Mossberg semi-auto for $109.

It is unknown if Cleveland police will honor the terms shown at the Cleveland Police Foundation website.

In 2014, there were plenty of private buyers.

From ohioccwforums.org:
You are spot on. I was there and never heard any "choice words" or saw any frenzied buyers. It was all fairly well organized and most every buyer had a change to approach any vehicle. If it was something they really wanted, nobody was there keeping them from paying a fair price for it. Many sellers received well over their expected $100/$200 in value, and I wouldn't have it any other way. If people want to be completely "fair" about things they should hold an open auction for every item that shows up instead of handing out numbers to take advantage of the sellers. All in all it was a very good showing from well-meaning and respectably dressed firearms rights supporters. Many innocent firearms were saved from a fiery demise


 In 2013 some private buyers were very successful.   From the ohioccwforums.org, :

I bought a Colt Agent revolver last year in almost new condition. I believe a Python was purchased also.
After some initial friction in 2013, the police recognized the right of private buyers to be there.
Yup, a bit of an interaction in the morning as they got their crap together, then we were free to operate. One of the officers was actually reassuring citizens bringing in guns that they could sell to us without issue. 
You might want to read the insider story by private buyers in Jacksonville Florida to see how things were handled there.

Be prepared for a percentage of people who refuse to talk to anyone but police. All the private buyers that I saw at gun turn ins were polite and let ideologically driven people turn in their guns for a fraction of what they would be worth on the open market.

Signs are helpful, as are good grooming, cash, and a friendly attitude. Dale Carnegie's advise for dealing with people works very well. Risks of purchasing stolen guns are small. You can read about them at this article.

Across the country, communities, police departments and churches are sponsoring gun turn-ins to get "guns off the street". At many of these events, private buyers are showing up, offering cash for the more valuable guns. These private additions to the public turn-in are effective, no doubt, in getting more guns off the street, because they add to the resources that are available to those who want to get rid of guns for something of value, be it a grocery card or a number of twenty dollar bills.

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. The ideal situation for those organizing the turn in would be to allow private buyers to purchase the valuable guns, while having the organizers take the cheap guns "off the streets". As these events are ideologically driven, that seems unlikely, but it might be worth an attempt at outreach. All parties would benefit.

Private buyers dispel the pernicious message that guns are bad and should be destroyed.

Link to potential legal risk of buying a gun at one of these events

Link to article with numerous examples of private sales at gun turn in events

Link to an article about private buyers at Detroit event

Link to Phoenix Article: pictures of private buyers

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