Tuesday, April 25, 2017

AL: Valuable Shotgun, Ammunition, turned in as Hazardous Waste

On April 22, 2017, in Hoover, Alabama, an antique German shotgun, made in 1892, was turned in as hazardous waste.  At first, the Hoover authorities were going to have the shotgun destroyed. After finding that the antique could be worth thousands of dollars, they decided to try to find the owner instead. From hooversun.com:
One of the most unusual items dropped off today was an 1892 double-barrel German shotgun. David Buchanan, a painter for the city of Hoover who was helping unload items brought in by residents, said an older gentleman brought the weapon after finding it in his closet and figuring he had no use for it.

Hoover Councilman Gene Smith, a co-owner of Hoover Tactical Firearms, estimated the antique shotgun is probably worth at least several thousand dollars.

Smith and city workers initially said the gun would have to be melted down like other guns turned into police. However, Hoover City Administrator Allan Rice said city officials will try to locate the man who surrendered the gun and help him determine the value of it and what should be done with it. The city does not plan to destroy the antique and will work to preserve the history associated with the weapon, Rice said.
It is good to see some common sense in Hoover City administration. They should have known that a gun made in 1892 is not considered a firearm under Federal law. It is an antique, and not subject to the 1968 Gun Control Act.

While the authorities made the correct decision about this shotgun, they will be destroying 75 pounds of ammunition.

I would not shoot reloaded ammunition from such a source. It could be disassembled for components.  Quite a bit of the ammunition in the picture is obviously from the factory. I would not be worried about shooting it. I should attend the next Hazardous Waste day in Yuma to see what shows up. If most of the ammo were shotgun shells, 75 lbs would be about a thousand rounds of ammunition, worth about $200.

Sources have told me that they have obtained tens of thousands of rounds of ammunition, simply by promising to "dispose of it properly".

Modern ammunition is remarkably durable. If kept dry and in reasonable temperatures, expect a shelf life of at least 75 years.

If you are willing to experience a few misfires, or perhaps even hangfires, even ammunition that has been stored in poor conditions is likely to provide good service. Proper care should be taken when shooting it.

Unless the cases are badly corroded or damaged, the danger of poorly stored modern ammunition is that it might not expel a bullet or shot charge from the barrel. If that condition is not discovered, a burst or bulged barrel is almost certain, and damage to the person is possible.

It would be far better that the unwanted ammunition be expended at a range, where the lead will be recycled, than burned in an incinerator.

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

Illinois Appellate Court Protects Second and Fourth Amendments

An Illinois appellate court has upheld the Fourth and Second Amendments. They did so rather apologetically.  The case was decided on 31 March of 2017, but the events involved occurred in 2011.

When you read the entire case two distinctive versions of events are discerned. Neither version would justify the police actions. That is why the conviction was overturned. Here is what both sides seem to agree on:

An unmarked police car is slowly driving through a poor black neighborhood. A man and a woman are standing on the porch of a row house. Another man is standing a couple of feet off of the porch with his back to the street, talking to them. Two police officers are in the unmarked car.One police officer is scanning the neighborhood. The other is driving. They drive past the house. The police passenger tells the driver to stop the car. At about the same time, the person standing off of the porch quickly ducks into the house and locks the door.

The police call for backup. After five to six minutes, backup arrived and the police have obtained keys to the house. The two initial officers unlock the door, and search the house. Inside, they find two men. In one of the bedrooms, they find a semi-automatic handgun hidden under a mattress. The handgun was not listed as stolen. Evidence was not allowed showing the legal owner of the handgun. A resident of the house testified that the handgun belonged to his brother, who lived in the house with him. From illinoiscourts.gov:
After the suppression hearing, but before trial, the State orally moved to preclude Horton from introducing evidence regarding the gun’s ownership and whether the gun was stolen. Horton sought to introduce a document from the Department of Justice’s Bureau of Alcohol, Tobacco, and Firearms Explosives National Tracing Center naming the owner and showing that the weapon was not stolen.
The man who ducked into the house had two prior convictions for non-violent felonies in "1998 and 2003 for possession of a controlled substance with intent to deliver".  He was not a resident of the house.

Here are some items that were not agreed on.

One of the critical points was whether the officer actually saw a gun or not before entering the house.

The passenger police officer (Hummons) said he saw a bulge in the waistband of the defendant, and that he glimpsed a "metallic object" as the subject briefly turned, as the police car passed the house. The bulge and the "metallic" object were not mentioned to his partner, nor were they included in the initial incident report or the arrest report.

I found the following assertion disturbing, but the court did not comment on it.
The passenger police officer said he found a set of keys on the floor of the porch near where the woman was sitting. The man and woman were detained in the police car while the officers called for backup. They were searched before being put in the car.

If an officer finds a set of keys, does that give him the authority to enter your house? As a former officer, I find it more likely that the keys were found in the man or woman's pockets, but we do not have testimony to that effect.

Most cases such as this would be plea bargained. But this case was taken to a jury trial, and then appealed.  The Second Division Appellate Court of Illinois, First District, made the correct decision. From illinoiscourts.gov:
[*P1] Chicago police officers, in their mission to “serve and protect,” must remove from the city’s streets illegal guns, which claim hundreds of lives each year and imperil the public’s safety and security. Presumably acting on that laudable desire, an officer had a hunch, based on seeing “a metallic object” in Markell Horton’s waistband, that Horton might have a handgun and pursued him. Eventually, police found a handgun hidden under a mattress in a bedroom where they found Horton, and he was charged with possession. But changes in Illinois law (in part mandated by United States Supreme Court rulings protecting the right to keep and bear arms) now hold that it is not illegal to carry a concealed handgun, as long as certain procedures are followed.
[*P2] As judges, we are stuck between a hammer and the anvil. On the one hand, we are ever mindful of, and horrified by, the level of gun violence that continues to plague the City of Chicago. We feel confident in saying that all members of the judiciary wish for reformative solutions. But we also are mindful of our limited role in a constitutional system. We cannot sidestep or disregard instruction from both the United States and Illinois Supreme Courts to achieve a specific outcome. When we hold that precedent dictates the result here, it is not because we are na├»ve, or “soft on crime.” On the contrary, it is because we must follow, not rewrite, the established law and the facts in evidence.
[*P3] We now turn to the specifics of Horton’s appeal. Horton argues four issues: (i) the trial court improperly denied his motion to quash arrest and suppress evidence; (ii) the trial court improperly barred him from introducing registration and ownership evidence of the weapon, both before and after the State “opened the door” to the evidence; (iii) reasonable doubt; and (iv) ineffectiveness of trial counsel. In addition, this court ordered supplemental briefs on the issue of probable cause to pursue Horton “in view of the rulings in District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. City of Chicago, 561 U.S. 741 (2010); People v. Aguilar, 2013 IL 112116; and People v. Burns, 2015 IL 117387.”
[*P4] We hold that the trial court improperly denied Horton’s motion to quash arrest and suppress evidence. The probable cause to pursue Horton was based on the officer’s belief that Horton possessed a gun in violation of the unlawful use of a weapon statute (720 ILCS 5/24 1.1(a) (West 2010)), later found unconstitutional on its face and void ab initio. Aguilar, 2013 IL 112116; Burns, 2015 IL 117387. As a result, the search and seizure of the gun was unlawful and the trial court erred when it denied Horton’s motion to quash his arrest and suppress the evidence.
As a gun owner, it is distressing that so little attention was paid to the actual owner of the firearm. It seems that the owner was a resident  of the house that was raided. It appears that he followed the rules in obtaining and keeping the firearm. Was the pistol returned to him? It seems highly unlikely. The costs for obtaining a court order from a judge, requiring the police to return the pistol, would be far more than the pistol was worth. Moreover, finding a judge in Chicago who would be willing to make such an order is highly problematic.

California used to be notorious for this sort of "legalized theft". It took several lawsuits to force the California legislature to create a system for legal gun owners to recover firearms that had been impounded.  Many police departments around the country still follow a sometimes spoken rule: they never return firearms without a court order to do so.

Perhaps this case will help bolster the rule of law in Chicago. It is a step in the correct direction.

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

OH: Armed Woman Shoots Intruder who Tackled Her

BLOOMINGTON — An Ohio woman said she was "fearing for her life" when she shot an intruder who tackled her after she discovered him in the garage of her parents' south Bloomington home early Friday morning.

"Anything could have happened by just the way he lunged at me, and I had the gun in his face and told him not to come out because I would shoot," said Kim Sinnott of Hamilton, Ohio. "He probably thought I wouldn't shoot."

More Here

More on San Antonio Shooting TX: Man Shot Woman's Ex as he attempted Break-in

SAN ANTONIO - A 48-year-old man is being questioned in connection with a deadly shooting at a home just east of downtown.

San Antonio police said he shot and killed another man who had threatened a woman with a gun on Thursday night.
More Here

TN: Customer Disarms Suspect, Kills 1, Wounds 2

Metro police told News 2 a group of people were inside the store when at least three armed suspects came in through an unlocked back door and began firing.

Witnesses said one of the people in the group was able to wrestle one of the suspect’s gun away and exchanged fired with at least one person.
More Here

Person shoots, kills, attacking Dog, wounds Companion

According to police, one of the individuals walking allegedly tried to shoot the attacking dog using a legally permitted gun, but accidentally shot another person they were walking with in the lower extremity.

Police say the person shot was taken to the hospital with non-life threatening injuries. They say that the attacking dog is dead, while the dog that was attacked is reportedly fine.
More Here

Monday, April 24, 2017

Pennsylvania Bill to Enforce Firearm Preemption Against Scofflaw Governments

The Pennsylvania legislature is aiming to enforce their strong firearms preemption law. A similar enforcement law was enacted in 2014, but was struck down in 2016. The state Supreme Court ruled that the legislature had violated the state constitutional requirement for "single issue" statutes when the bill was passed.

On April 19, 2017, a replacement bill passed the House Judiciary committee by a 20-5 vote.

As with most states, Pennsylvania has a strong firearms preemption law. The statute has been on the books for over three decades. The preemption law requires that virtually all firearms law in Pennsylvania be uniform at the state level. Local governments are forbidden from passing a patchwork quilt of firearms regulations that can entrap innocent residents as they exercise their Second Amendment rights.

The preemption statute had no provisions for penalties or enforcement. It was presumed that local governments would follow the law. That was a bad assumption. Over 50 local governments have made a mockery of the rule of law by passing restrictive and illegal local firearm ordinances in Pennsylvania.

 If the law was violated, affected private individuals and organizations that they belong to, could sue local governments for damages. The law passed by large, veto proof majorities, and was signed by Governor Corbett.

The law was opposed by the political class in large urban centers such as Philadelphia. In a bizarre turn, the Pennsylvania AG, Kathleen Kane, refused to enforce the law, and aided the cities in challenging the law in court. In 2016, the law was struck down as having passed the legislature improperly. In an ironic twist, Democrat Kathleen Kane was convicted of felonies while in office, in the same year the statute was struck down.

The current bill, HB 671, is essentially the same as the legislation that was struck down. From state.pa.us:

§ 6120. Limitation on the regulation of firearms and ammunition.

* * *

(a.2) Relief.--A person adversely affected by an ordinance, a resolution, regulation, rule, practice or any other action promulgated or enforced by a county, municipality or township prohibited under subsection (a) or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers) may seek declaratory or injunctive relief and actual damages in an appropriate court.
The 2014 bill passed by margins of 143 to 54 in the House, and 34 to 16 in the Senate.

It seems likely to pass again in 2017. The legislature will be careful to follow all the procedural requirements. But this time, a Democrat, Tom Wolf is the Governor. It is likely that he will veto the reform bill. His voter base is in the urban centers. The urban center's political establishments have shown a strong desire to continue to violate the preemption law.

Republicans hold large majorities in the House and Senate. 123 to 83 in the House, and 31-19 in the Senate. It is unknown if enough Democrats would cross the aisle to override a veto.

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

VA: Domestic Defense, Neighbor Shoots Aggressive Ex

When a neighbor who tried to intervene in a domestic domestic late Sunday was assaulted during his attempt, he grabbed a gun and shot the assailant in the leg, according to Greenville police.
More Here

VA: Gunfight, Armed Woman Thinks she Wounded Home Invader

About one to two minutes went by and a black male dressed in all black entered the room with a gun and fired a shot into the ceiling. The victim then rolled out of the bed and grabbed her gun from her purse and fired back at the subject in the room.

The victim believed the offender was hit with gunfire because he moved quickly to one side.

The suspect was heard saying, “give it up I am going to kill you.”

More Here

Sunday, April 23, 2017

Open Carry Muslim posts Video with Weapons and F-Bombs at Christian Event

An American Muslim who open and concealed carries weapons got into trouble for a facebook live video. He filmed and posted the video outside of a Christian event that some called "anti-Muslim". The event occurred on April 9th, 2017.

Ehad Abdulmutta Jaber bought tickets for the event and was wearing the T-shirt pictured above. The Shirts says:

I am an American

I am a Muslim

I open carry

I concealed carry

I am only dangerous

If you are stupid.

Ehad entered the event wearing the shirt and openly carrying a holstered pistol. He was concealed carrying another pistol in an ankle holster.  One account said he was filming the event, but he was only there for a few minutes.

Ehad was approached by a security guard and asked to leave, as firearms were prohibited at the venue. By all accounts, Ehad was asked to leave politely, and he politely left. It was after he left the venue and was inside his van in the parking lot, that he made a serious error.

He posted a live facebook video of himself, speaking of the event.  Here are links to the video.  I found the dailymail link easier to view, it is not a reverse image.

From facebook.com:

Video at dailymail.com 

Ehad has First and Second Amendment rights. He says that he is an American citizen who has lived in Sioux Falls for 25 years. The T-Shirt is clearly a political statement.

The video may have been a bridge too far.  In the video, Ehad says that he was at the event. He is upset, and uses considerable profanity. He says "And now if you really want to be scared, be scared," he then briefly displays four semi-auto pistols, an AR-15 type rifle, and an AK type firearm that might be either a pistol or a rifle.  He also shows that he has ammunition. He says "be terrified". Up to this point, the video may be taken as sarcasm.

A Police officer said that Jaber was not arrested at the rally. The officer is quoted as saying that there was no direct threat. From kdlt.com:
“He had a lot of guns with him, but he wasn’t breaking any laws. He didn’t threaten anybody directly, he didn’t threaten any groups of people anything like that and it’s not illegal to carry guns or have guns with you,” says Officer Sam Clemens of the Sioux Falls Police Department.

Police say Jaber does have open carry and concealed carry permits. They also spoke with him, so did the FBI. Police say the information was sent to the Lincoln County State’s Attorney’s Office and no charges will be made.

“You have to have some type of specific threat or manner, just having a gun just because it alarms people doesn’t constitute a threat. That doesn’t mean you are going to harm people,” says Clemens.
But Jaber's last statement on the video may make a significant difference. His last sentence was "F*ck all ya all."

I have written, read, and participated in open carry and Second Amendment events over considerable parts of the country.  I have some sympathy for Ehad Jaber. Posting a video in the parking lot of an event that you are protesting, showing a number of legal weapons, while telling people to be scared, to be terrified, is extremely unusual and provocative.

Then to say "F*ck all ya all." is over the line. I have never seen anyone at any of the events I attended or wrote about, or read about, tell people to be scared and terrified, as they handled weapons, or to make the F-bomb threat. Those are dozens of events over the years.

I could follow the sarcasm up to the last F-bomb. Then it became ambiguous.

After a little study, the Lincoln County AG made the decision to arrest Jaber and charge him with one count of a terrorist threat. From argusleader.com
A man who authorities say brought weapons to an anti-Islam event earlier this month has been arrested on charges that he made a terrorist threat, according to a release from the South Dakota Attorney General.

Ehab Abdulmutta Jaber, 45, was arrested Friday and charged with one count of terrorist threat, despite an earlier indication from Sioux Falls police that the man would face no charges.

When Jaber was arrested, a search was made of his residence. Law enforcement reports that they found methamphetamine.
A SWAT team was dispatched along with local police, Forster said, but once they arrived, Jaber was taken into custody in a "standard operation."

During a search of Jaber’s residence, the release said, law enforcement seized firearms as well as methamphetamine.
The methamphetamine find seems fortuitous for law enforcement; but it might explain the rant and poor choice of words in the facebook video.

To look at this objectively, consider if the religions were reversed. Suppose a Christian had worn the shirt with "Christian" instead of "Muslim" to a Muslim event. Suppose a Christian had made the facebook video. My experience is that the Christian would quickly have been arrested.

That is why you do not see such activity at other open carry events. There are many open carry events that you can see on the Internet. The participants are polite to the police, as was Ehab. They do not go to a van in the parking lot of an event they are protesting, and then post a video that can easily be taken as threatening.

I wish Ehad well, but fear he has made a mistake that will haunt him for the rest of his life.  When you are politically active for both the First and Second Amendments, there is no room for foolish bravado.

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

Gun Watch

FL More on Varn Shooting: Armed Woman Defends Husband, Shoots EX

Finally, on Easter weekend, the tension between the two men ended in an exchange of gunfire in a ranch pasture that left both dead and a third man injured. On Wednesday, the Hillsborough Sheriff's Office released dramatic new details about the sequence of events.

First, Milton Varn shot his brother Perry dead and fired on George "Terry" Long, hitting him in the shoulder. Then Milton Varn threatened to shoot his ex-wife, Joanne Varn, now married to Long. Fearing for her life, Joanne Varn shot and killed him, the Sheriff's Office said.

Deputies arrived at the ranch to find the bodies of Milton, 62, and Perry, 66. Long, 71, was treated and released from Tampa General Hospital this week.
More Here

Followup AR: Shooting of Michael A. Woith Ruled Justified

"It is the opinion of this office that James Wisely was justified in his use of force, which does not merit the filing of any criminal activity,” Sebastian County Prosecutor Dan Shue wrote in a news release.

Shue noted the applicable law as reading “A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is committing or about to commit a felony involving force or violence; using or about to use unlawful deadly physical force.”

The law goes on to say that a person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force by retreating. However, a person is not required to retreat if the person is unable to retreat with complete safety, the law adds.

More Here

Saturday, April 22, 2017

Louisiana Constitutional Carry Bill

Louisiana passed a strong Constitutional protection for the right to keep and bear arms in 2012. Representative Barry Ivey is working to modernize the state laws to reflect the change desired by the voters.  Louisiana law recognizes the right to carry weapons openly, but requires a permit to carry concealed. From wafb.com:
However, House Bill 68 by Baton Rouge lawmaker, Rep. Barry Ivey, would do away with the permitting process. That means anywhere a person can legally carry a gun openly, they could also carry a concealed gun without a permit. Convicted felons would still not be allowed to carry.
HB 68 would not "do away" with the permitting process. The permitting process would remain in place. It simply would not be mandatory any longer. A commenter at legiscan writes that it is the House Administration of Criminal Justice committee that has killed the bill in the past. She notes that the requirements for a permit chill the exercise of the right to bear arms for many. From the comments at legiscan.com:
This bill has been shot down multuple times in the past years by the House Administration of Criminal Justice. It is time to let the poeple you represent vote on whats right for them and let this bill pass on to a vote of the people. Instead we have politicians who think they know whats best for you or police who dont want to deal with any hassle. Guess what, criminals are going to conceal anyway so this only affects law abiding citizens and the state because they count on this money. The only help we need on this one is to let us vote. There are alot of good people in this state that cant afford to take time off work ( not open on weekends)not to mention the $500.00 fee to get a lifetime concealed permit.
Louisiana has a shall issue concealed carry that was passed in 1996. Several incremental improvements in the law have been passed since then.  Honorably discharged veterans have been exempted from fees for the five year license. People who have had felony convictions expunged can now obtain permits. A lifetime permit is offered.

But those improvements still require the permit, with is not consistent with the Louisiana Constitutional Amendment. From the Constitution on the State of Louisiana:
Section 11. The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.
It is hard to see that the requirement for a permit to conceal carry would pass the strict scrutiny standard. 13 other states do not require permits, and their crime rates are generally lower than that of Louisiana, so proving that the permit lowers crime would be difficult.

Passage of HB  68 seems unlikely this year. But New Hampshire and North Dakota have passed Constitutional Carry bills, and Alabama, South Carolina, Texas, and Wisconsin bills are in play.

Montana passed a "permitless" carry bill for the third time this year. The bill would have extended "permitless" carry to the 1% of the state where a permit is required, but it was vetoed for a second time by Governor Bullock. South Dakota passed a Constitutional Carry bill for the second time, to have it vetoed the second time by Governor Daugaard.

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

Gun Watch

Friday, April 21, 2017

AL: Armed Homeowner Detains Burglary Suspect for Police

Later that afternoon at approximately 1:55 p.m., officers responded to the 6100 block of Quail Run South in reference to a burglary in progress. Officers arrived and observed that the male victim had detained the burglary suspect identified as 35-year-old Steven Adcock.

The victim told police that Adcock had broken into his shed. Adcock was arrested and transported to Mobile County metro Jail.
More Here

AL: Yard Worker Shoots Aggressive Dog

“When he charged at me he was looking like he was going to attack me, so I had to pull out my gun and shoot him,” Hardy said. “I didn't want to shoot the dog.”

Hardy said he'd never had any trouble with the neighbor's dogs before but was warned recently by the homeowner who employs him to be careful of them.

“The owner just told me this last month to start watching out for those dogs,” Hardy said. “I don't know where they came from. I don't know if they were in the house or they were chained up, but now they're loose, and that fence is broken, and that's when they jumped across the fence at me.”
More Here

IN: Armed Woman Stops Home Invasion with Warning Shot


An Evansville woman was asleep when someone began kicking in the door. The noise woke her up so she immediately grabbed some protection, her gun.

The 76-year-old woman says she saw a man without a shirt on attempting to enter her home. She warned him she had a gun and wasn't afraid to shoot. She proved just that by shooting a warning shot in the grass, and police say she had that right.

"She's in her upper 70s, and she has every right to defend herself. That's her castle and in Indiana, the castle doctrine is in effect," Sgt. Jason Cullum said.
More Here

Thursday, April 20, 2017

OK: Woman Shoots, Kills, Man Attempting Break-in

LAWTON, OK (KSWO) -A man is dead after police say he was shot while trying to break into a woman's home in Lawton.

More Here

TX: Domestic Defense, Father Shoots Son

The 28-year-old attempted to run over his father after an argument, KXAS-TV (NBC5) reported. The man then shot his son in self-defense, police said.

More Here

DE: Home invasion Gunfight, two Intruders and Resident Wounded

When they arrived, officers found two men lying on the ground between buildings suffering from gunshot wounds. An investigation revealed one of those men was a victim of the home invasion and the other was a suspect.

Hours later, a third person who police learned involved in the home invasion and subsequent exchange of gunfire showed up at a hospital with a gunshot wound.
More Here

WA: Domestic Defense, 19-Year-Old Woman Shoots Ex

SEATTLE, WA - A 19-year-old woman had to shoot her ex-boyfriend as he charged at her holding a gun in Seattle's Capitol Hill neighborhood Monday morning, Seattle police say. The 32-year-old man was shot in the leg, but is expected to recover. However, Seattle police intend to arrest him on felony harassment charges as soon as he's discharged from the hospital.
More Here

CA: Shotgun Fired During Struggle, Intruder Flees

After confronting the suspect, a struggle for control of the shotgun ensured resulting in the discharge of one shot. The suspect then fled on foot in an unknown direction and responding officers from the Elk Grove Police Department were unable to locate the suspect.
More Here

Venezuela Dictatorship to Arm Brownshirts

Venezuela is following a predictable pattern of dictators as they feel threatened. They disarm the general population, while allowing or insuring that their loyalists are armed. It is a pattern as old as history. The English did it by disarming the Irish, then the Catholics. Responses to the later disarmament brought about the English Bill of Rights, which served as the base for our Second Amendment.  The British did it again in India, after the mutiny/revolt in 1857.

Hitler did it, building on the base that the Weimar Republic built in the late 1920s.  If you were in the SS or SA, you could buy guns. Jews were forced to surrender their weapons. Only persons of "undoubted reliability" who "demonstrated need" were allowed to obtain "firearms acquisition permits or firearm carry permits". (page 59, translation, Gateway to Tyranny)

The English gun laws in the 20th century were based on the desire to disarm "unreliable" elements, and give the guns to those in support of the ruling government.

Saddam Hussein gave out guns and gun permits to his supporters.

Venezuela enacted stricter and stricter gun controls over the period of the Chavez/Maduro regime.  Venezuela banned the commercial sale of guns and ammunition in 2012. The murder rate in Venezuela has become one of the highest in the world. Police are routinely murdered for their guns.

But making guns illegal for most of the people is only half of the equation. As Venezuela is falling apart, unable to feed its people or to keep crime under some control, the dictator Maduro has decided to arm those he thinks are loyal.  From foxnews.com:
Venezuelan President Nicolas Maduro said he will expand the number of civilians involved in armed militias, providing guns to as many as 400,000 loyalists.

The announcement came as Maduro's opponents are gearing up for what they pledge will be the largest rally yet to press for elections and a host of other demands Wednesday.

The Bolivarian militias, currently at approximately 100,000, were created by the late Hugo Chavez to assist the armed forces in the defense of his revolution from external and domestic attacks.

Speaking to thousands of militia members dressed in beige uniforms gathered in front of the presidential palace, Maduro said that vision remains relevant as Venezuela continues to face "imperialist aggression."

"A gun for every militiaman!" he cried.
Many have noted a glaring inconsistency. There are only about 100,000 Bolivarian militiamen at present. They do not have arms in the pictures. We are to believe that there are another 300,000 "loyal" Venezuelans that the Madura regime is willing to arm? It seems a bit unlikely. Even strongholds of Chavista are showing scenes of discontent with the regime.

I look forward to seeing pictures of those brown ( or is it tan) shirted militiamen walking around the streets of Caracas, armed.

A brutal dictator who disarms his people, and is willing to keep the blood flowing in the streets and concentration camps, can stay in power.

Leftist dictators have demonstrated the ability to do so, again and again.

But today, everyone has digital cameras. Venezuela has shown that it does not have the ability to control the flow of information with the ruthlessness and effectiveness of North Korea. Venezuela does not have a Walter Durante who is willing to lie about the reality of a Soviet enforced famine to a complicit New York Times. That may make a difference.

As an aside, is the left handed salute a Venezuelan innovation? Do other countries use it?

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

Gun Watch

Alabama Senate Passes Constitutional Carry

The Alabama legislature is moving toward passing Constitutional Carry. The bill, SB 24, has passed the Senate, 26 to 8 on Tuesday, 18 April, 2017.  The bill would enforce the Alabama Constitutional amendment passed in 2014.

Amendment 3 passed with 72.5% of the vote in 2014. SB24 is the legislature enforcing the Constitutional amendment with statutory reform. Here is a description of Amendment 3. From ballotpedia:
Proposing an amendment to the Constitution of Alabama of 1901, to provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny; and to provide that no international treaty or law shall prohibit, limit, or otherwise interfere with a citizen's fundamental right to bear arms.
SB24 removes the requirement to have a permit in order for people to exercise their fundamental right to bear arms under the Alabama Constitution, and under the Second Amendment of the United States Constitution.

According to the NRA-ILA, the bill is likely to be assigned to the House Public Safety and Homeland Security Committee.  The Chairman of the committee is Allen Treadaway.  Treadaway is a police officer as well as a legislator. From legislature.state.al.us:
He was born on September 25, 1961, and received his Peace Officers Standards and Training Commission from the Birmingham Police Academy. Representative Treadaway serves as a Police Captain with the City of Birmingham.

In 2010, he received a 92% rating from the NRA political victory fund.

Allen Treadaway voted to put amendment 3 on the ballot. If SB24 is approved by Treadaway's committee, it will likely pass in the House. The NRA-ILA is providing a link to contact Treadaway. If the bill passes the House, it would be sent to Governor Kay Ivy.

Governor Ivy received an A rating and an endorsement from the NRA-ILA in 2014.  From al.com:
The National Rifle Association has issued its endorsements and grades in a number of Alabama races, and big endorsement winners are incumbent Gov. Robert Bentley and Lt. Gov. Kay Ivey.

Bentley and Ivey are both Republican incumbents elected in 2010 who face primary opposition. Not only did both earn A grades, they won endorsements.
Alabama is on track to be the third state to pass Constitutional carry this year. New Hampshire Governor Chris Sununu signed a bill that brought New Hampshire into the Constitutional carry club on 22 February, 2017.  North Dakota's bill was signed into law by Governor Dick Burgun on 23 March, 2017.

There are 13 current members of the Constitutional Carry Club. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.

Vermont was the only Constitutional Carry state until 2003, when Alaska passed its modernization bill. Arizona was next, in 2010. Since 2010, ten more states have modernized state law to reflect respect for the exercise of the Second Amendment.

Several other states have legislation introduced or in process.  Indiana, Iowa, Pennsylvania, Minnesota, North Carolina, South Carolina, Texas, Virgina, Utah, and Wisconsin all introduced bills in 2017. North Carolina, South Carolina, Texas, and Wisconsin bills are currently in play.

Montana passed a "permitless" carry bill for the third time this year. The bill would have extended "permitless" carry to the 1% of the state where a permit is required, but it was vetoed for a second time by Governor Bullock. South Dakota passed a Constitutional Carry bill for the second time, to have it vetoed the second time by Governor Daugaard.

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

Gun Watch

MI: Mistaken Identity Shooting; Teen Mistakes Cops for Burglars

The 19-year-old opened fired on two officers with a shotgun “fearing for the safety” of his mother and brother, Detroit police Chief James Craig said at a media briefing on Monday.

He had already called police three times believing his family’s home along Lesure Road in west Detroit was being targeted by several break-in attempts on Sunday.
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MA: Gunfight, Resident and Invastion Suspect both Wounded

A man and woman inside the home told police that the man had approached the side door of the home, demanding entrance and threatening a man and woman inside with his gun.

The believed burglar and a male resident inside the home exchanged gunfire, police say, and both were hit. The resident, 24, was found by police suffering from a serious gunshot wound.

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Followup MD: Man who shot Firefighters Sentenced to Four Years on Weapons Charge

The firefighters were breaking into Lumkin's home. Lumpkin was ill with diabetes.

Darrell Lumpkin, 62, pleaded guilty this year to an illegal-weapon charge in the shooting that left Ulmschneider dead and injured another firefighter as well as Lumpkin’s brother.

“I’m sorry for the family,” Lumpkin said at his sentencing hearing Friday afternoon. “I was sick at the time.”

More Here

Wednesday, April 19, 2017

SC: Constitutional Carry to be Heard in Senate, Governor McMaster Says He Will Sign it

The South Carolina House passed Constitutional Carry as H. 3930, 64-36 on 5 April, 2017.  The move to modernize South Carolina law has progressed to the Senate. The Constitutional Carry companion bill S. 449 will be heard in the Senate this week, the 18th of April. From the charlotteobserver.com:
What did make it in time to be considered for passage this year? A bill that would make it legal for residents to carry guns – concealed or openly – without a permit or training. It passed the House and is being considered in the Senate this week. McMaster said he would sign it if it reaches his desk.
Governor McMaster has said that he would sign a Constitutional Carry bill if it passes. From postandcourier.com:
COLUMBIA — Gov. Henry McMaster said Friday he would sign a law granting open, permit-less carry of weapons if it passes the General Assembly.

"Gov. McMaster appreciates the House’s hard work on this bill, believes it is constitutional and will sign it if it reaches his desk,” McMaster spokesman Brian Symmes said.
Bills designed to impose more infringements on the exercise of Second Amendment rights in South Carolina have not been popular. A bill to increase the wait to exercise Second Amendment rights failed to make the legislative deadline.

In 2016, the Senate stopped a Constitutional Carry bill supported by Senator Lee Bright. Bright lost his primary and is no longer in the South Carolina legislature. One of the Senators who voted against the bill last year, is a sponsor of S. 449 this year.  Senator Katrina Frye Shealy (R) Lexington was one of the primary opponents. She is still on the Judiciary Committee, which is a likely place for the bill to be sent in the senate.

The Constitutional Carry bills in South Carolina remove the restrictions on both open and concealed carry of handguns. South Carolina is one of only five states that ban the open carry of holstered handguns in most public places.

Constitutional Carry, or very close approximations, were the law in 11 states at the beginning of 2016.  In the first quarter of 2017, New Hampshire and North Dakota have joined the club.  We will find out if South Carolina will join the club in the next few weeks.

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

Gun Watch

Tuesday, April 18, 2017

TN: Bill would reduce Penalty of Carrying Handguns

Tennessee, as part of reconstruction after the Civil War, banned the open or concealed carry of handguns.  The state constitution was changed to allow this infringement of the right to bear arms in 1870.  From the 1870 Tennessee Constitution:
That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime. Art. I, § 26 (enacted 1870).
Some Tennessee legislators are attempting to minimize the infringement by reducing the penalty for bearing handguns from a misdemeanor to a civil offense. The penalty would be a fine of $25 for the first offense, and $50 for the second offense.

Tennessee has a shall issue permit law. The law partially restores the right to carry handguns, openly or concealed, but requires a state issued permit to exercise that right.

In order to move toward Constitutional Carry, the intermediate step of reducing the penalty for carrying without a permit would be enacted with HB 1176:
As introduced, reduces the penalty for the offense of carrying a handgun without a permit and with the intent to go armed to a Class C misdemeanor with a $25 fine for a first offense or $50 for a second or subsequent offense and requires a citation to be issued in lieu of arrest. - Amends TCA Title 39, Chapter 17, Part 13 and Title 40.
 The bill has been passed from the Civil Justice Committee to the Finance, Ways & Means Subcommittee.

This late in the year, the chances of passage do not look good.

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

Gun Watch

AZ: Gun and Knife Fight in Glendale

The altercation started after two men came to the victim's home, police said. The victim was stabbed in the arm and in turn, shot one of the suspects.

The pair fled the scene before police arrived and the victim allegedly admitted to shooting one of the men, authorities said.
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WA: Homeowner Shoots, Kills 27-Year-Old Intruder

TACOMA, Wash. -- A homeowner shot and killed a 27-year-old man who forced his way into his home early Saturday morning.
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AL: Gunfight, Homeowner Shoots Intruder, Intruder Dies

The caller stated two white males entered his residence and attempted to rob him. The caller said one of the suspects pulled out a weapon and, at that point, gun fire was exchanged between the robbery victim and one of the suspects.

Emergency personnel arrived and found the robbery victim who directed the medical personnel to the wounded suspect, Steven Alan Ammons, 24, of Ozark. Ammons was transported to the Southeast Alabama Medical Center for further treatment. At 4:20 am. Thursday, Ammons was pronounced dead.

More Here

Monday, April 17, 2017

Requiring CCW for Employees: A Smart Move

In a recent defense story from Cleveland, Ohio, a man said that he had a concealed carry permit because his past employer required it. From cleveland.com:
He said he has a concealed carry permit because he used to work at a barbershop, and the owner required barbers to get their concealed carry licenses for their protection.
I suspect that more businesses are taking this approach. It brings about many benefits. Last year, we had the example of a Georgia business owner who required his employees to be armed. He would give them a Taurus Judge revolver when they showed him their concealed carry permit.

Here are a few of the advantages.  They have been hidden behind false narratives and misinformation about people who legally carry guns.

1. Employees with a concealed carry permit are a deterrent to robbery and physical attacks on the business premises.  This may seem obvious, but you will find many who claim, without support, that it is not so.  Having more than one employee armed at a location makes it an extremely unattractive target.  There are too many variables, and too much to go wrong for any thinking robber.

2. There is an obvious, clear screen to limit employees to a select, high quality level.  Permit holders are self selected to be one of the most law abiding, responsible groups in the nation.  Their crime rates are only a fraction of those of police officers; they are many more times as law abiding as the general population.

3. Your employees are in a group that puts a high value on personal responsibility and self reliance.  This is the group least likely to blame you for personal failures, or to see your business as a potential source of a "liability lottery".  They look ahead, see problems, and do things about them. 

4. The state is now doing a continuous screening process for you, one that is actionable and clear.  If an employee becomes likely to have problems (according to the state, not the employer), their permit will be taken from them.  The employer then has reason to dismiss the employee.

In some states there is another benefit.

Wisconsin, Kansas, and Tennessee offer immunity from lawsuit if the employer allows employees to be armed. From Wis. Stat. § 175.60(21)(b), (c):
(b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision.
From kslegislature.org 75-7c10(c)(2)
(2) Any private entity which does not provide adequate security measures in a private building and which allows the carrying of a concealed handgun shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
From tndefenselitigation.com:

(a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to § 39–17–1359, shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to § 39–17–1359.

The advantages are clear. We will be seeing more business owners with this policy.

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

Gun Watch

ND: Williston Police Gun Auction nets over $55,000 for 149 Guns

On Wednesday, April 12, the Williston Police Department of Williston, North Dakota, auctioned off 149 firearms that had been collected over the last couple of decades. From myndnow.com:
Hundreds of people attended the Williston Police Department's first gun auction.  
In total, 149 guns forfeited to the department through criminal investigations were up for bid.

"I used to have a federal firearms license and I used to have a side gun business. If I do stay here, I'm going to do it again and that's why I came here. To get an education," says Gary Silva, an auction attendee.

Some of the oldest guns for sale had been in the department's custody since the 1990s.

"We are now kind of running out of space for those guns and it's time to get rid of those firearms," says WPD Sergeant Detective Jacob Gregory.

North Dakota is one of at least 11 states that have enacted laws either allowing or requiring police departments to sell forfeited guns at auction.
You can view the list of guns auctioned at badlandsauction.files. Some designations that catch the eye are:

Keltec KSG 12 gauge
Israel Weapon Rifle
Kimber Custom Covert II  45
Colt Revolver King Cobra
Bushmaster 223 XM15
Brown(ing)? .22 rifles
Savage Lever Action wood grain  (maybe a model 99?)
LW Seecamp

The person compiling the list did not seem overly concerned with clear and accurate firearm descriptions. My experience with North Dakota auctions is they tend to have a higher class of firearms than average.

The inexpert naming did not reduce the prices, at least not noticeably. The Williston Police Department sold the firearms in a smart and efficient way. They had a live auction with an experienced auctioneer.  Firearms sold at live auctions tend to bring top dollar.

The benefit to the Williston city general fund was over $55,000 for 149 firearms, an average of $369 per firearm.

It is easy to see why the North Dakota legislature requires departments across the state to sell firearms that they acquire for the benefit of the public. It would have required scarce resources to destroy these valuable assets. Instead of costing the city dollars, the auction put money in the public treasury.

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

Gun Watch

Sunday, April 16, 2017

Al: Gun Beats Bat

The victim stated the subject approached her vehicle armed with a bat and that she shot at him. The subject was struck and went to the hospital with non-life threatening injuries.

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UT: During Struggle, Son Shoots Intruder, Wounds Mother

Syracuse police Detective Erin Behm said officers responded to a 6 p.m. Wednesday 911 call of gunfire at 1850 S. Bluffridge Drive. The homeowner, rushing home when family members called him to report someone trying to break in, confronted the suspect.

During a subsequent struggle, the man's son, also 17, produced a handgun and shot the suspect, accidentally also wounding the woman.

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DE: Armed Man Returns fire at Drive by Shotgun Shooter

According to authorities, the victim was in the 900 block of West North Street, near the Simon Circle Community Building, on April 12, 2017, at about 12:05 a.m. when a vehicle drove by and he saw the passenger holding a shotgun.

The victim took cover and the passenger shot at him, police said, prompting him to return fire with his own legal handgun, which he was openly carrying. The suspect vehicle fled, police said.
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TX: Homeowner Confronts Burglars, Kills one, Wounds another

Huntsville police believe a homeowner was justified in shooting two men who were attempting to burglarize his home Wednesday night, killing one of them and wounding the other.
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NV: Resident Fataly Shoots Intruder who Forced Entry

Police received a call about 1 a.m. from a man in his mid-20s who said he shot another man who broke into his apartment, Lt. Dan McGrath said. He told Metro there was a loud “bang, bang, bang” at the door before the man forced his way in, McGrath said.

McGrath said the resident then shot and killed the intruder.

When officers arrived, the resident was outside the apartment with a friend. The resident had a gun. Police asked him to put it down, which he did, setting it on a curb.

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IA: Homeowner shoots Woman who Broke in, Choked Him

The man told police he heard a noise and saw a women in the house wearing a headlamp. According to police, when the man confronted the woman, she said she was there with her boyfriend and asked him not to shoot.

Police said the man grabbed her in an attempt to get her out of the house and the two fought, with the woman eventually wrapping a scarf around his neck and choking him.

According to police, the man felt he had no choice but to shoot her.“On the surface, it looks like it was a justifiable shooting," Des Moines police Sgt. Paul Parizek said.
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CA: Armed Homeowner Holds Car Thief who Crashed into Home for Police

One of four people traveling in a stolen vehicle was held at gunpoint by a homeowner in Fountain Valley after the car crashed into his Fountain Valley home.
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Nebraska Preemption Bill in Play

Governor Pete Rickets of Nebraska

Nebraska's preemption bill has moved forward in a significant way.  Bill LB68 was voted on by the Government Military, and Veterans Affairs committed and passed 33 - 11.  The Nebraska legislature is unicameral, with only 49 members. The committee vote was a vote of the whole legislature, and makes it very likely the legislation will pass.  The Governor, Pete Rickets, claims to strongly support the Second Amendment. His signature seems probable.

From theindependent.com:
The Legislature voted 32-12 to advance a bill that would require state law to override municipal gun regulations in Nebraska. Supporters of the measure narrowly defeated a filibuster by senators who argued cities and villages ought to control gun possession in their communities.

The advancement of the bill puts Nebraska one step closer to passing what likely is the most significant expansion of gun rights since lawmakers enacted a concealed carry law in 2006.

Senators adopted an amendment that provides exceptions that allow Omaha to continue to ban open carry of handguns in public places. It also permits Omaha to keep certain rules on transporting firearms through the city that won’t apply to other places.
Some horse trading was done to get the bill passed. Omaha gave up their requirement for handgun registration, but hung on to the power to ban the open carry of firearms by people who do not have a Concealed Handgun Permit.

Other than the open carry exception for Omaha, the bill is a strong preemption bill.   The bill allows individuals and organizations to sue local governments that violate preemption, and to recover expenses.

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

Gun Watch

Saturday, April 15, 2017

Iowa Governor Branstad Signs Gun Law Modernization

Iowa Governor Terry Branstad signed a comprehensive bill, HF 517, to modernize Iowa's gun laws on Thursday, 14 April, 2017. The reforms had been bottled up for years by a few legislators, mostly Democrats, that were voted out of office last year. An archaic provision prevented children form receiving safety training for handguns. From wcfcourier.com:
One of the provisions of the bill that took effect immediately allows children below the age of 14 to handle pistols or revolvers under the supervision of an adult parent, guardian or instructor — which directly affected the Gibson sisters ages 13 and 11.

“I think the parents should at least teach their kids safety so nothing bad happens out there,” Meredith Gibson said after receiving one of the pens the governor used to sign the bill into law.

“I am very honored to sign House File 517 into law,” Branstad told the assembled group of supporters. “I know this is an important and significant piece of legislation for people that support the Second Amendment to the United States Constitution.
Another provision of the bill will ensure that gun laws are consistent across the state. This part of the bill prevents local governments from enacting laws that are more restrictive than state laws. Most states have a version of this of  preemption for firearm laws.

Here is a list of other reforms placed into law by the bill.

The bill removes the Iowa ban on short barreled rifles and shotguns, in favor of federal law. Possession of short barreled rifles and shotguns will be a violation of state law only if it is a violation of federal law.

House File 517 makes clear that presumption of evil intent is not to be inferred from the mere act of being armed.

Training options to meet the requirements for carry permits have been expanded. They now include having taken a hunter safety course, and web based training provided over the Internet, if certified by the instructor. No renewal training will be required for permits issued in 2011 or later.

It protects the privacy of permit holders by prohibiting disclosure of personal information on carry permits, except for specifically authorized disclosures.

There is a provision to appeal to decision of Sheriff or Commissioner if a permit is refused; court fees can be awarded if the appeal succeeds.

Permits to acquire pistols will be expanded from one year to five years.

Permits to acquire shall not be allowed to contain information about particular weapons, such as make, model, or serial number.

It removes the authority of Director of Administrative Services to ban weapons in the Capitol and associated buildings. The bill allows the concealed carry of weapons by people with permits, in the state capitol.

The bill removes any authority of the Governor or any official of the state to ban the carry or possession of firearms during emergencies, as long as they are carried and possessed in accordance with Iowa laws. Officials may be sued for damages.

The bill removes authority of officials to seize or confiscate legally possessed firearms during states of emergency.

A Stand Your Ground provision is included in the law. The provision provides immunity from civil lawsuit if injuries or death occurs as a result of justifiable self defense.

Defensive display is allowed for. From iowa.gov:
The bill provides that a threat to cause serious injury or death by the production, display, or brandishing of a deadly weapon, is not deadly force, as long as the actions of the person are limited to creating an expectation that the person may use deadly force to defend oneself, another, or as otherwise authorized by law.
The bill removes the prohibition on the carry of pistols or revolvers on snowmobiles or all terrain vehicles (ATVs).

The bill protects target shooting in unincorporated areas of Iowa, with the permission of the owner or tenant of the property. State and local ordinances based on noise or nuisance are preempted.

Constitutional Carry, that is, the restoration of the ability to carry firearms concealed without having to obtain a government permit, was originally included in the bill, but was stripped out in the legislative process. Iowans already have the right to carry firearms openly in most areas of the state.

12 other states have restored the right to carry concealed without a permit.  One state, Vermont, never implemented a permitting scheme. Experts disagree about whether the lack of permits decreases crime or has such a small effect as to be difficult to detect.

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

Gun Watch

WI: Serious Push for Constitutional Carry

Wisconsin legislators are mounting a serious push to bring Wisconsin into the Constitutional carry club. Two weeks ago, on 28 March, 2017, the Right to Carry Act LRB-2039/1, was announced in the legislature. I have been hearing rumors about such a bill, but details were lacking.

The Wisconsin legislature is catching up with what the people voted for in 1998.  In 1998, Wisconsin finished an arduous process to pass a right to keep and bear arms amendment to the Wisconsin Constitution.  It ended any argument about weather the Second Amendment applied to Wisconsin. From Article I Section 25:
 The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
There is no qualifier on bearing arms in the amendment.  All but six states have some constitutional provision protecting the right to arms. Many states who wished to restrict concealed carry, put a qualifier in their amendment specifically granting the state the power to regulate bearing concealed weapons.

Colorado, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Carolina, Oklahoma, Tennessee, Texas, and Utah have or had such provisions. Wisconsin voters and legislators did not include such qualifiers.

Louisiana and Missouri have acted to remove those qualifiers.

The Wisconsin Supreme Court was dominated by anti-rights liberals until recently. They refused to accept the clear meaning of Section 25. Most of the leftist justices have been replaced. A recent Supreme Court decision has strong hints that the majority on the Court are now willing to enforce Section 25.

Two different sources have informed me that the Constitutional Carry bill in Wisconsin has the votes to pass the legislature, and that Governor Walker will sign the bill. The bill is a well thought out reform that changes numerous provisions in Wisconsin law, removing statutory restrictions on the carry of arms that are unsupportable under Section 25.

The bill would repeal the silly Wisconsin gun free school zone law, a direct copy of a proposed federal statute. The  statute has provisions that make no sense for a state law. The statute bans the carry of guns within a thousand feet of a school, directly violating section 25 of the Wisconsin Constitution.

The bill reforms laws banning the carry of weapons will shining a light on wildlife, removes numerous "gun free zones", and expands the state "shall issue" permit to non-residents. In a nod to the Federal Supreme Court decision in Caetano, it removes restrictions on electric weapons. Here is the comprehensive legislative summary of what the bill does.

From the bill:

Current law generally prohibits an individual from carrying a concealed weapon unless the individual has a license to carry a concealed weapon that is issued by the Department of Justice or unless the individual has a law enforcement identification card indicating that he or she is a qualified current or former law enforcement officer. This bill eliminates the general prohibition against going armed with a concealed weapon without regard to licensure status. This bill also eliminates current law prohibitions against carrying firearms in specified places, but retains the current law that allows certain persons to post buildings and grounds so that individuals who carry a firearm in violation of the posting commit trespass. For instance, this bill eliminates the prohibition on carrying a firearm on school grounds and, for persons without a license to carry a concealed weapon, in a school zone. Instead, this bill allows schools to post their buildings and grounds under the trespassing laws. An individual who violates the trespassing provision is guilty of a Class C misdemeanor if the individual is in a posted school building and a Class B forfeiture if the individual is on the posted grounds of a school.

Likewise, the bill eliminates the general prohibition against carrying a firearm in other buildings, such as a police station, a house of correction, or a secure mental health facility, but allows the appropriate governmental entity to post the buildings against carrying a firearm. This bill also eliminates the prohibitions against carrying a firearm, bow, or crossbow in a wildlife refuge and eliminates the prohibitions against carrying a firearm, bow, or crossbow while engaging in certain activities, such as operating an all-terrain vehicle. In addition, current law prohibits an individual from shining wildlife while the individual is hunting or possessing a firearm, bow and arrow, or crossbow. This bill maintains that the individual may not shine wildlife while hunting but eliminates the prohibition on shining while possessing a firearm, bow and arrow, or crossbow. The federal gun-free school zone law generally prohibits the possession of a firearm in a school zone but exempts an individual who is licensed to possess a firearm by the state in which the school zone is located if the license involves a background check on the individual. For purposes of being able to possess a firearm in a school zone under federal law, as well as for purposes of being allowed to carry a firearm in other states that require licensure, this bill maintains the license to carry a concealed weapon and the law enforcement identification cards. This bill makes two modifications to the process to obtain a new license to carry a concealed weapon.

First, under this bill, DOJ may issue a license to an applicant who is not a Wisconsin resident; under current law, only a resident may be issued a license. Second, although current law requires proof of completing a training program for a license, under this bill, if an otherwise qualified applicant does not provide proof of completing a training program, DOJ must issue the applicant a license that indicates that the license is a basic license. For in-state purposes, the license and the basic license are indistinguishable, and, under this bill, both are optional. The bill also provides that, if the federal government creates standards that would allow a license to carry a concealed weapon to be recognized by other states and the license issued by DOJ does not comply with the federal standards, DOJ must create an optional enhanced license to carry a concealed weapon that complies with the federal standards.

Finally, current law generally prohibits the possession of electric weapons, commonly known as tasers. This bill eliminates that prohibition except the prohibition is maintained for an individual who is prohibited from possessing a firearm. This bill also changes the definition of “firearm” by specifically excluding antique firearms, as defined under federal law, which excludes firearms manufactured before 1898 and muzzleloading firearms. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

Wisconsin was the second to last state to pass a "shall issue" concealed carry statute. The legislation had been repeatedly stopped by former AG and Governor Jim Doyle, who twice vetoed carry bills. Because of the delay, the final bill became one of the best "shall issue" statutes in the nation.

Perhaps, because of the prior refusal of the Supreme Court to enforce the right to arms amendment, the legislature will enact this strong Constitutional Carry statute, enforcing the will of the people.  The legislators expect Second Amendment supporters to continue to push for this bill.

Opponents of the right to arms are pushing against enactment in the Milwaukee and Madison papers.

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

Gun Watch

Friday, April 14, 2017

FL: Harlan Tuitt found Justified in Self Defense Case


A “Stand Your Ground” defense has freed a suburban West Palm Beach man charged with shooting and wounding his brother-in-law during an argument two years ago.

Judge John S. Kastrenakes on Monday dismissed a charge of attempted first-degree murder against Harlan Tuitt, 35, ruling in favor of a defense motion to dismiss the case under the state’s Stand Your Ground law.
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MO: Woman uses .22 Rifle to Shoot Dog who bit Son

Deputies said Shawna Murray shot her neighbor's dog, Barney, with a .22-caliber rifle because it bit Tylor, her 21-year-old son, who is diagnosed with Down syndrome, on the hand while Barney was on Murray's property.

Murray said when she saw the dog run onto her property, she grabbed her rifle and went outside to look for Tylor. She said Barney went toward her until he saw Tylor with a stick in his hand, then went toward him.
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MS: Homeowner Shoots two Home Invaders after They Murder his Uncle

Cortney said a fight broke out, and he watched as his uncle was fatally shot in the back.

“After the scuffle, I seen them shoot my uncle,” he said.

That’s when he said he grabbed his girlfriend’s pistol and shot two of the intruders. DeSoto County investigators identified the intruders as Deangelo Miquel Tinnin and Miriko Dairyell Simmons. Tinnin was shot and killed, while Simmons is listed as stable.

“They just killed my uncle in front of me. They're in my house,” Mosley said. “Not only in my house, but where I lay my head.”
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AL: Mistaken Identity Shooting, Woman shoots Aquaintance

Mahoney said the female homeowner at the residence shot an acquaintance, a 35-year-old man, after mistaking him for a burglar. The MCSO said the man entered the residence unannounced and it appears to be an accidental shooting at this time.

The 35-year-old man remains in a local hospital with non-life threatening injuries.
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Followup NH: Domestic Defense was Justified


A Dover man was justified when he shot and killed his son in December, authorities ruled Friday.

John Davis, 76, shot his son, Brenton Davis, 55, on Dec. 10 at the elder Davis' home in Dover. Officials from the Attorney General's Office said Brenton Davis shot his father several times before his father armed himself with a shotgun and shot his son.
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AR: Armed Citizen Stops Knife Attack

Teel, 35, of Ward, is an active-duty United States Air Force Reserves 189th Airlift Wing and is stationed at the Little Rock Air Force base.

The Austin police chief says Teel's actions saved a life.

"Lt. Teel is a perfect example of a responsible concealed carry permit holder," said Chief Bill Duerson. "He acted heroically in the face of extreme danger and avoided a tragedy."

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CA: Pharmacist Shoots 1 of 2 Armed Robbery Suspects

According to scanner traffic, the pharmacy was robbed at gunpoint by two suspects, described as black men wearing bandannas over their faces. The pharmacist opened fire and struck one suspect, Apple Valley Sheriff’s Sgt. Griffith said, but the second fled before deputies arrived.
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Tuesday, April 11, 2017

GA: Gunfight between Homeowner and Home Invaders

"They knew my little girl was here and they brought guns and were shooting. They didn't care," Mindy Lingerfelt said.

Lingerfelt said the men told her husband to put his hands behind his back.

"He had his gun between the mattress and he told them that they would have to kill him before he puts his hands behind his back," she said.
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IN: Resident Shoots Home Invasion Suspect

INDIANAPOLIS, Ind. – Police are investigating after a suspect was shot during a home invasion on the west side of Indianapolis, Fox59 reported.

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IL: Armed Resident Shoots Invader, and is Wounded

Inside the residence, police said Tapia pointed an assault-style weapon at the 20-year-old resident. The resident, who was also armed, shot Tapia multiple times. Tapia returned fire shooting 20-year-old resident, who was taken to a nearby hospital for treatment.
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Monday, April 10, 2017

OH: Homeowner Shoots Burglary Suspect

Henderson said he grabbed his pistol and went downstairs. He saw a man standing in the hallway. Henderson said he shot the man once in the shoulder.

The robber ran into Henderson's bathroom and locked the door. Henderson said he stood outside the door and fired several gunshots into the door.

Henderson said the robber yelled out: "Please don't shoot, please don't shoot. I'm sorry, I didn't know it was you."
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More on WA: Yakima Resident Shoots Suspect Attempting Break-in

Details remain limited about Friday morning’s shooting between a Yakima resident and two men he said he caught attempting to break into his home in the 1600 block of South 12th Avenue.

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AR: Domestic Defense, Ex Shot While Breaking Into Home

LITTLE ROCK (KATV) — A Little Rock man is facing multiple charges after reportedly breaking into his ex-girlfriend's home and being shot Thursday morning.

Officers say the crime happened in the 6600 block of Pecan Lane around 9 a.m.

According to the police report, 24-year-old Ricky Higgs flagged down authorities in the area and told police a suspect shot him as he walking up to a Pecan Lane home. Higgs had a gunshot wound to his upper right forearm and was taken to Baptist Hospital for treatment.
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OH: Armed Neighbor Uses Handgun to Stop Dog Attack on 7-Year-Old

The incident occurred at about 12:50 p.m. in the backyard at 3956 Woodhurst Dr., off Glendale Avenue near Heatherdowns Country Club.

A neighbor, Shawn Soleau, 37, of 3966 Woodhurst, heard screaming from his residence and went to the scene with a handgun, police said.

The child’s caregiver, whose name was not released, was wrestling with the dog and trying to get it off the girl, police reported.

The dog would not relent, so Mr. Soleau fired the gun four times at the dog — striking it at least once.
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TX: Woman Shot; Charged with Criminal Mischief

Officer Brad Perez with FWPD says it's believed the woman was known to a neighbor and had gotten into a fight at another home before she wandered through the neighborhood. An A/C unit at one home was found damaged and turned on its side, Perez said.

The homeowner who fired his gun told police he had been burglarized before and thought it might be happening again.

The woman will be charged with criminal mischief.

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Sunday, April 09, 2017

NC: Night Manager Survives Gunfight, Robbery Suspect Dies

The night time manager, a 63 year-old man, also had a gun. Police said there were shots fired between the manager and Deshaun Rashaud FisherMcCullum, a suspect. The manager was shot in the shoulder, FisherMcCullum was also shot by the manager, and then police say the suspects ran from the scene.

FisherMcCullum was found 300 yards from the business where he died as a result of his injuries.

The manager was taken to a hospital and has non-life threatening injuries. Police have not released his name at the moment.
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KY: Family Dog runs off, is Shot Chasing Chickens

Martin County Sheriff John Kirk said the neighbor claims the dog chased his chickens.

"The way that the law reads is you have the right to defend your livestock from those type of attacks," Kirk said.

As the family processes the loss they said they want justice for Kiera.

Sheriff Kirk said his hands are tied because there is no proof the dog was chasing the chickens.
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Saturday, April 08, 2017

CT: Bill to Require Carry Permit Holders to "Show Their Papers" Defeated

Second Amendment supporters won another victory, this time in Connecticut. On Thursday, 6 April, 2017, HB6200 was defeated. The bill would have required individuals who open carry handguns to present permits to law enforcement on demand. This was the second year that such a bill was stopped. It never made it out of committee. In Connecticut, a resident is not allowed to carry a handgun outside of his home without a permit. Permits are not exactly "shall issue" but are granted to most people who apply. Here is the summation of  the bill, from ct.gov:
To require individuals who openly carrying a pistol or revolver to produce their permit upon request of a law enforcement officer if the firearm is visible to such officer.
Observers might be surprised at the defeat of a bill that would have required people who openly carry handguns to present a permit to police, when such a permit is required for the legal, open carry of handguns in the state.

Connecticut is perceived as less than gun friendly. It is in the heart of the Northeast where Second Amendment rights are routinely infringed.

An important reason for the win was the existence of the Connecticut Citizens Defense League. CCDL was formed in 2009. From a small base, it has grown to over 27,000 members. That is a significant number for a state with 3.6 million residents. From CCDL.us:
“CCDL is pleased that HB6200 appears to be dead at this stage of the game. This bill was not only an unnecessary intrusion, it was advertised as something that is it was not.”

“The usual gun control proponents have for 2 years now failed to convince two different committees that there really is a need for what they’ve sought. We really appreciate the hard work of our members to help stop this bill. We could not have done this without the time and effort that they have dedicated.”
Another reason is the support of people concerned with civil rights and the abuse of police power. From ctnewsjunkie.com:
This year, it wasn’t only Second Amendment supporters who opposed the proposal. It was lawmakers from urban districts concerned about racial profiling by police.

“The bill was opposed by gun rights activists, as expected, but it was also opposed by some legislators from urban districts that unfortunately have a long history of racial profiling and inequalities,” Ron Pinciaro, executive director of Connecticut Against Gun Violence, said. “They were afraid this bill would be another reason to stop young men of color. We tried to find a way to address their concerns but were unable to reach such a compromise before tomorrow’s deadline.”
The Connecticut Civilian Defense League is gaining power in Connecticut. But the concern for the legal rights of all citizens is bringing more allies to these fights. The Florida Public Defender Association supported the reform of self defense law to allow for defensive display and warning shots. A number of Democrats have supported reform of knife laws, with the Freddy Grey incident as a reason why.

Second Amendment supporters are civil rights supporters. The NRA bills itself as the nations oldest civil rights organization. These alliances are the natural outgrowth of reforms that recognize the Second Amendment as a fundamental right in the Bill of Rights.

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

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