Russian versions of Timothy Treadwell?

Image of grizzly bear  by Troy Nemitz, used with permission.

Timothy Treadwell was a controversial figure who insisted on approaching and viewing brown bears at close range for about 13 years. He did not carry a firearm or bear spray or any deterrents. From backpacker.com:

Wes: Timothy thought he was the dominant bear in the ecosystem. I think he was past the point of accepting any input on that. I think he had convinced himself that they would never hurt him, and he was untouchable.

Treadwell was repeatedly warned about the danger. From akfatal.net:

Despite that, Treadwell refused to carry firearms or ring his campsites with an electric fence as do bear researchers in the area. And he stopped carrying bear spray for self-protection in recent years. Friends said he thought he knew the bears so well he didn't need it.


U.S. Geological Survey bear researcher Tom Smith; Sterling Miller, formerly the Alaska Department of Fish and Game's top bear authority; and others said they tried to warn the amateur naturalist that he was being far too cavalier around North America's largest and most powerful predator.

(snip)

"I told him to be much more cautious ... because every time a bear kills somebody, there is a big increase in bearanoia and bears get killed,'' Miller said. "I thought that would be a way of getting to him, and his response was 'I would be honored to end up in bear scat.' ''

Timothy Treadwill was killed and eaten by brown bears in October of 2003. His death overshadowed the first fatal failure of bear spray to stop an attack.

Vitaly Aleksandrovich Nikolayenko was a prominent Russian brown bear researcher (Asian version of the American brown or grizzly bear) who routinely and closely approached bears without a firearm. He did this for 33 years, from 1970 to December of 2003. In December of 2003, he followed a bear which had come out of hibernation in the winter, until the bear attacked him, killed him, and ate him. His use of bear spray had failed to stop the bear.  His was the first recorded fatal failure of bear spray. The killing was the culmination of several lucky escapes over the years of his association with brown bears. From wikipedia:

Despite making a life's work of harassing poachers and monitoring bears, Nikolayenko was a polarising figure within the naturalist community, which had an institutionally unfavourable view of his proactive approach to monitoring bears.

Nikolayenko had a cabin capable of keeping bears out and carried bear spray.

Both Timothy Treadwell and Nikolayenko studied brown bears. The other bear researcher whose attitude seems close to Treadwell's is Nikita Ovsyanikov. Ovsyannikov is well known Russian bear researcher who studied polar bears.

Polar bears are not as aggressive as brown bears. They tend to test new prey to see if it is dangerous before attacking. Brown bears often attack without warning. As with Treadwell, Ovsyanikof refuses to carry firearms. He seems willing to die rather than shoot a polar bear. From an interview in Outsideonline.com:

I never considered having firearms. From the beginning, my philosophy was that my presence and my ambitions there in no way should result in the polar bears losing their lives.

Osyanikov had an armored cabin to live in. He carried a big stick, and, later bear spray.  Osyanikov sometimes had a dog with him. As with Treadwell, nearly all of his study is in a food rich environment where there are large numbers of bears, and the bears are used to social interplay with other bears. It is clear most bears on Wrangel Island have been conditioned to fear and avoid humans. Even when most aggressive bears catch Osyanikov's human scent, the bears run away. Osyanikov has an attitude similar to Treadwell's:

"Do not ever consider approaching a large predator if you feel uneasy managing a close interaction on the strength of psychological superiority alone." "If you do, you risk both your own life and the life of the animal."

Osyanikov used his stick to wack mature bears on the nose and shoulder, to dominate them and keep them from attacking. He does not consider this "provoking" the bears. Osyanikov views gathering firewood at night in a village as "provoking" a bear, after the bear kills and eats a woman on Wrangel Island. From the PBHIMS database, incident 230:

In November 2003, a native woman was killed by a female polar bear in the village on Wrangel Island…the woman was killed because she seriously violated all safety rules and actually provoked the bear to attack. Before the night whe[n] was killed, the woman had slept in her house all day and went out to collect wood for her stove in the late evening, in darkness. It was an autumn with an ice-free sea and many hungry polar bears were hanging around the village.(editors note, it was October 13, 2003, Osyanikov mentions both October and November)

(snip)

The the female bear that was hanging around the village at that time, the woman was a dark, slowly moving creature, stooping down to the ground- an image of prey. On the fourth walk the bear decided to attack. The woman was killed, and the female bear started eating the body.

In addition to dealing with polar bears, Osyanikov had the advantage of traveling by ATV. He observed bears from towers out of their reach, sometimes observed from the cabin. He had another person with him during numerous observations. Most of the bears on Wrangle Island seem to be conditioned to fear humans, possibly because of the Russian military presence on the island.

All three researchers have/had an obsession with large bears. None of them had easy access to handguns for defense against bears. Timothy Treadwell did most of his observations in National Parks before 2010, when the Federal ban on firearms in parks was removed. Two of them were killed and eaten by bears. The Russians had sturdy cabins to stay in at night. The did not venture out after dark. All of them stressed it was their intimate knowledge of individual bears and the bear social structure which allowed them to approach bears so closely without being attacked.

This observer believes the fear of humans by polar bears on Wrangel Island is what primarily saved Osyanikov. In one instance, where he was certain he was going to be severely mauled or killed, when the bear caught his scent the bear ran off.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

GA: 18-Year-Old in Self Defense Gunfight

ALBANY, Ga. (WALB) - A shooting incident in the 700 block of S. Shadowlawn Dr., led to the arrest of 18-year-old Nicholas Nix on April 3.

According to the Albany Police Department, officers responded to the scene around 11:30 p.m. after reports of shots fired.

Upon arrival, officers located Nix running in the 800 block of W. Gordon. Victims at the residence told police that Nix had been inside when suspects fired at the house. Nix, in an act of self-defense, chased the suspects and fired back at them.

More Here

NM: Albuquerque Homeowner Shoots Through Door, Kills Man Attempting Break-in

Albuquerque – Around 1:35 AM, on April 3, officers with the Southwest Area Command responded to reports of a shooting in the 17000 block of Antler Tool Rd SW. Responding officers located an individual at the entryway of the home. The male sustained at least one gunshot wound to his body.

Bernalillo County Fire Rescue emergency medical personnel responded, but they pronounced the male dead shortly after their arrival.

Preliminary reports indicate that an adult male was reportedly trying to force his way into the home and the homeowner fired his handgun through the door, striking and killing the man.

Detectives are investigating this shooting as a possible justifiable homicide.

More Here

SC: Charleston Homeowner Holds Intruder at Gunpoint for Police

CHARLESTON, S.C. (WCSC) - Police say a Charleston man who was held at gunpoint by a homeowner during an apparent burglary.

Solomon Yakobashvili, 33, is charged with second-degree burglary, police say.

More Here

OK: Tulsa Domestic Defense, Brothers Fight with Gun and Knife

Tulsa Police report it involved two brothers, one stabbed the other, possibly during a mental health episode.

The one who was stabbed then shot the other brother in self-defense in the lower torso. 

 

More Here

TX: Houston Car Burglar Suspect Gunfight, Suspect may have shot Accomplice

The homeowner reported two male suspects were trying to break into their vehicle.

Officials say the homeowner fired a warning shot from their bedroom window causing the suspects to run.

The suspects shot back at the homeowner and investigators believe one of the suspects was shot by his accomplice as they fled.

A 17-year-old male was confirmed to be one of the burglary suspects after he was admitted to a nearby hospital with a gunshot wound.

More Here

NM: Albuquerque Road Rage, Gun Fight, Defense

ALBUQUERQUE, N.M. (KRQE) – The Albuquerque Police Department said a fatal shooting outside Walmart near Coors and I-40 is being investigated as a possible justifiable homicide. APD said the shooting started as a road rage incident on I-40.

Terrance Lowe got into an argument with Angelino Gonzales, and the argument turned into a fight. That’s when a fourth vehicle, driven by Lowe’s brother, Kendall Lowe, arrived as well. Kendall Lowe is accused of getting out of the vehicle and pointing a gun at Gonzales, his father, and brother. Police said Lowe admitted to shooting his gun as well.

Terrance Lowe then got into his vehicle, sped away, pulled a U-turn, and then struck Timothy and Angelino Gonzales, pinning them against a truck. Alex Gonzales then pulled a gun and shot Lowe. Lowe exited the vehicle and took off running toward Walmart, but collapsed and died from his injuries. Meanwhile, Alex Gonzales and Kendall Lowe began fighting, and Lowe is accused of hitting Gonzales with a gun. 

More Here

 

Privacy in Arms Should be a Second Amendment Norm

In the early republic part of the right to keep and bear arms consisted of the right to own arms without a government registration of arms. No registration of arms was known in law until the late 19th century.

Much of the conflict over the right to keep and bear arms has become a conflict over privacy.  The most successful playbook in eliminating the right to own weapons in functioning democracies has been to create the power of governments to know what people have what weapons.  The strategy has been this:

Claim governments can control crime by controlling who has access to weapons.

Claim to control access to weapons, governments have to know who has weapons.

Require registration of all legal weapons. Any weapons which are not registered are declared illegal.

Slowly or abruptly, such as "during an emergency" confiscate weapons, using the government registration lists.

Gradually teach future generations that having weapons is bad.

The claims of crime control are false. Criminals still get access to weapons, often much easier than law abiding citizens can.  Crime has not decreased where gun registration has been implemented. It is the ordinary citizen who attempts to follow the law who is disarmed. Joyce Lee Malcolm documents this in the case of England and Wales.

One of the ways to disrupt this strategy is to prevent the government from registering weapons to individuals. Confiscation is much more difficult when lists of gun owners is not known. A bill has been introduced in the Florida House forbidding using Aritficial intelligence to detect concealed firearms. The bill is HB 491. Here is a summation.

Use of Artificial Intelligence by Governmental Agencies to Detect Concealed Firearms:

Prohibits governmental agency or specified contractors from using or contracting with any other entities to use artificial intelligence to detect concealed firearms in public places; provides exceptions; provides remedy.

This strategy should be encouraged and incorporated into the Second Amendment. The principle should be:  governments have no legitimate power to track the ownership of weapons by law abiding citizens. 

The concept has been mentioned in dystopian novels about the future. In the Weapon Shops of Isher, Canadian author A.E. Van Vogt explores a future where the power of the Empire of Isher is offset by the ability of law abiding citizens to purchase and own weapons without government sanction. The novel was written as Canadian citizens rejected the attempt by Canada, during WWII, to require registration of all Canadian rifles and shotguns. Van  Vogt states:

"The Right to buy weapons is the right to be free."

The Castle Keeps by Andrew J. Offutt explores a dystopian future where one of the few things keeping society alive is a ruling by the United States Supreme court that personal privacy protections extend to the ownership of weapons on individual property.

Keeping knowledge of who owns what weaponry private is an important part of personal security.  If an opponent knows what defenses exist, they can plan ways to overpower or evade those defenses.

At least one current federal court case held the federal law making possession of a gun with the serial number removed a crime is unconstitutional. The Fourth Circuit reversed the decision.

Privacy in weaponry, especially in the home, has always been an important part of the Second Amendment. In the United States, we are well on the way to a cultural understanding that privacy in gun ownership is an essential part of ordered liberty.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

 

 

 

 

 

CA: Chino Hills Home Intruders Flee Scene after Gun Fire

Authorities in San Bernardino County say a homeowner fired at a suspect who broke into his home Wednesday night in Chino Hills.

It happened around 8:25 p.m., at a home on the 2800 block of Venezia Terrace Drive, according to the San Bernardino County Sheriff’s Department.

Responding deputies learned that two people had broken into the home by shattering a glass door on the second-floor balcony.

More Here

NC: Domestic Defense? Suspect is Shot, Flees Scene

Around 12:15 a.m. Tuesday, Gaston County police responded to a domestic dispute in the area of Joseph Antoon Circle in Stanley.

Officers located the victim, while the suspect fled the scene.

Police say the suspect fled to Charlotte, where he was transported to Carolinas Medical Center by Medic after sustaining gunshot wounds during the initial incident.

Officials have not released any details on how or when the suspect was shot.

More Here:

FL: Armed Husband Chases off Intruder

She ran towards the door, and her husband Chris followed.

“My husband had a shotgun. I screamed at him, and he picked up his stuff and he [Richards] left his boots,” she said.

Lisa and Chris, shotgun in hand, can be seen running out the front door and chasing after Richards. Chris can be heard yelling at Richards and asking him what he was doing and who he was.

More Here

TX: San Antonio Phone Fixit Shop Confrontation, Employee Killed, Suspect Killed

"Our suspect came into the store dissatisfied with the service done to his phone and confronted an employee," SAPD Officer Nick Soliz explained. "A verbal argument started, it escalated, and that is when the suspect produced what a witness said was a firearm."

Officer Soliz saying that argument quickly turned physical. The suspect shot the victim in the struggle.

"In self defense, another employee of the location had a firearm on him as well, took his firearm out and shot the suspect, killing him, right there," he said.

More Here

Slovakian Man uses Axe to Protect against Attacking Brown Bear (Video)

 

Link to video on X.

On March 21, in the Malá Fatra mountains near Bratislava, Slovakia, a European brown bear attacked a man who was hiking with his dog. The bear was reported to have had cubs with her.  Mr. Piotr was carrying a mid-sized axe, used to clear brush and trim limbs.

To this correspondent, the axe appears similar to what we would have called a "cruiser" axe in my youth, about a 3/4 sized axe with a single bit head.  Mr. Piotr casually swings the axe as he walks along. It is something this correspondent often did while walking through the forest over 50 years ago. An axe is a very useful tool for clearing trails. This axe is much bigger and more capable than a typical hatchet.

The dog is fair sized, and fast, but does not seem interested in closing with the bear. Mr. Piotr uses a medium sized tree as cover while swinging the axe one handed. It appears Mr. Piotr hit the bear with the axe, twice. The first time the bear retreated perhaps 20 yards, then came back, fast. Mr. Piotr seems to be fumbling to get at bear spray on his hip, but quickly makes ready with the axe as the bear charges. The second time Mr. Piotr appears to have landed a solid blow on the bear's head. The bear runs off, with the dog in pursuit. Mr. Piotr belatedly sprays bear spray in the direction of the fleeing bear and dog.

The video is said to have been captured by a trail camera.

From the mirror.co.uk:

 He claims to have whistled to alert the bears of his presence so they wouldn't be surprised, but the mother attacked him anyway. Footage showed the brave hiker, named Mr Piotr, taking cover behind a forked tree as the bear charged at him. He whacked it with his small axe, used to cut down overgrown branches during his ramble. The bear circled around and attacked again, but the man was ready with his chopper, similar in shape to a shepherd's axe.

Mr. Piotr was not injured by the bear. He handled himself quite well. It is not easy to land effective blows with such a long axe, with one hand. To use two hands, he would have had to expose himself more from behind the tree.

The video shows how rapidly bears can charge and close the distance. It shows the defender, Mr. Piotr, had plenty of time to draw and use a handgun if he had one available in a proper holster.  A handgun is easier to use with one hand than a 3/4 axe.

European brown bears are a genetically slight variation of the brown bears in Alaska, grizzly bears in the lower 40 states, or brown bears in Russia or Japan.  The population of brown bears in Slovakia and in the wild areas of Eastern Europe is increasing. We can expect more human-bear conflicts in Slovakia in the future.

Analysis: Bears are not good neighbors. Brown bears are the most aggressive of the bears found in North America. When bears are not hunted, they lose respect for people and are more likely to attack people.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

 

 

TX: Houston Teen Robbery Suspect Wounds Victim, is Shot, Killed

Police found a teenager who had been shot at least once. He was pronounced dead at the scene.

"A few minutes later, officers were also dispatched to a local hospital for a victim with gunshot wounds," HPD Lt. JP Horelica said. "Officers learned that the two incidents were related and that it all occurred here at 5900 Elm, where there was some sort of transaction between two groups of young males that turned into a shooting."

In an update, HPD said the man at the hospital had been shot by two teens during an apparent robbery. The victim returned fire and fatally shot the 17-year-old.

More Here

TX: Houston, Bystander Shoots Suspect in Leg

Investigators said two people who own a storage unit arrived at the storage facility and found someone rummaging through items that belonged to them.

The shooting happened off of Almeda and West Fuqua

According to police, the suspect, who was wearing gloves, reportedly reached into his pocket, causing one of the bystanders to pull out a gun and shoot the suspect in the leg.

Officials said the suspect was taken to the hospital and is expected to survive.

Investigators said the bystander may not face charges at this time.

More Here

TX: San Antonio Man Fires into Group, Victim Fires Back, Suspect Killed, 4 Wounded

Vela, who was in the parking lot, allegedly saw the fight, pulled out a handgun, and opened fire on the brawl.

A bystander pulled out his own gun and fired back, fatally striking Vela. That bystander was also wounded by Vela's gunfire, and was rushed to the hospital in critical condition.

In total, the bystander, two women, and one man at the scene were all injured by the gunfire.

More Here

Armslist Offers Considerable Bang for the Buck

Armslist is a national advertising medium for gun and accessories sales. It is much like a Craigslist focused on guns. This Correspondent was able to have an extended conversation  with the owner and founder, Jon Gibbon. Jon came up with the idea for Armslist when he saw how little gunstores were offering customers for used guns where he was a college student. Because many online advertising platforms discriminate against firearms advertising and sales, Gibbon believed a platform which featured advertising for firearms and accessories could make money. The economies of scale and the intrinsic efficiency of using digital instead of paper communications offered significant advantages.

Armslist is a means for buyers and sellers to be able to communicate with each other. Armslist itself does not sell firearms or accessories. Armslist does not compete against the sellers and buyers who use Armslist.

Those who wish the population disarmed have attacked Armslist with frivolous lawsuits. Those lawsuits have failed.  The Wisconsin lawsuit failed under Wisconsin tort law. The lawsuit was probably unsound under federal law, and likely a violation of First Amendment rights. Fighting and winning these lawsuits was costly. Armslist, in effect, has shouldered the burden of protecting First and Second Amendment rights on the Internet, without assistance from the NRA or other Second Amendment groups.

Gibbon never went into debt, even when his initial partner bailed at the first lawsuit and had to be bought out. Armslist continues to exist and grow, but they are banned from nearly all social media. This makes it difficult to get the word out about the service. This correspondent used Armslist several years ago. The deal was consumated without a hitch. The rifle was purchased from a private seller and was sent to an Federal Firearms License (FFL) holder. Armslist did not charge a fee. Such transactions are still available on Armslist. Over a thousand FFLs suscribe to Armslist. Purchasing a firearm from those dealers does not cost any additional fee to the buyer or seller. The default search is to premium vendors; the search can be expanded and or limited by checking the appropriate box or boxes.

Today, the service is free when purchasing from an FFL. A buyer can search for private sellers on Armslist, but to communicate with private sellers, a buyer has to subscribe. A subscription includes advanced search features. Charging for a subscription limits the customer list to people who are seriously interested. When doing a search, anyone can filter the search to private sellers.  If you want to contact the seller, you have to create an account and log in to do so. If you wish to advertise an item for sale, you are required to subscribe.

An individual  subscription costs $6.99 a month, discounted to $2.99 a month for veterans. A business subscription costs $30 a month, discounted to $12.99 for veterans.

The green arrow shows where to apply for the military and veteran's discount. Armslist uses GovX.com to verify military or veteran status. This correspondent used GovX.com when subscribing to Armslist recently. The subscription was paid for from the Correspondent's funds. Armslist did not offer to give this Correspondent the subscription for free. The green arrow was included above to highlight the "small print" for the military service/veteran's option.

Because Armslist is not "politically correct", it is difficult to advertise Armslist on the major social media sites. They are banned from advertising on most social media. Most search engines will return articles about the lawsuits, and not about the utility of the service.

Other services, such as auction houses, charge more for their services than Armslist does, especially the higher end auction houses. The subscription fee is a flat once a month charge, and can be stopped at any time.  Most auction houses charge a percentage of the sale. Some charge a flat fee as well.  Auction fees can be charged to the buyer or seller or to both, depending on the auction. The fees are, in effect, "paid" by the buyer, no matter what. The fee is part of the cost of the transaction The money has to come from somewhere. With a subscription service such as Armslist, the monthly fee can be spread out over many sales, reducing the fee per sale significantly.

One high level auction house this correspondent has worked with charges fees to both buyer and seller. For lots which total less than a few thousand dollars, the fees come to over 30% of the final price of every item!

Armslist offers significant savings for people who wish to sell a collection. The seller can save money by doing the photography themselves. The subscription is the same price for one sale or hundreds of sales.  Sales of antique firearms are not required to go through an FFL. If you have an FFL, Armslist is an inexpensive way to reach the national market.

Armslist is not an auction site. A definite price is required. There is no arrangement for bidding. For those who wish to sell a gun to a gun store quickly, Armslist has dealers who advertise "We will buy any gun". A picture and description of the gun is required, then the FFL will make an offer.

This correspondent finds Armslist a useful tool for those who want to buy or sell firearms and related items.

Those who want a disarmed public have worked for decades to require government approval before a person can purchase a firearm. Armslist is a step back from that precipice.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

 

 

LA: New Orleans Domestic Defense? Homeowner Shoots Man who Attempts Kidnap of Woman

NEW ORLEANS (WGNO) — A Slidell man is in the hospital after he allegedly broke into a home and was reportedly shot by one of the homeowners on Monday, March 31.

According to the St. Tammany Parish Sheriff’s Office, Tyrone Mercadel kicked down the front door of a residence, located in the 42000 block of US 190 East, and physically assaulted an unnamed female homeowner.

Investigators say the victim and the second homeowner, Wayne Mercadal, tried to force Tyrone Mercadel to leave the property. The unnamed female then reportedly shot at Tyrone Mercadel twice, hitting him once in the leg. Tyrone Mercadel fled and attempted to drive away as Wayne Mercadal allegedly shot at the tires of his car.

More Here

TX: Arlington Armed Samaritan Stops Attack, to Late to Prevent Murder

The Arlington Police Department is investigating the overnight death of a 63-year-old woman.

On Monday, March 31, 2025, at approximately 11:58 p.m., officers responded to an apartment complex in the 2600 block of Whisper Meadow Lane to investigate reports of shots fired.

When they arrived on scene, they located the 63-year-old woman lying unresponsive in a breezeway. She was transported to an area hospital where she was later pronounced deceased.

A 37-year-old man on scene told officers he heard the woman screaming for help, then retrieved a gun and went to investigate. He said he saw an unknown man attacking her while holding a sharp object.

The 37-year-old pointed the gun at the suspect, indicated he would shoot, and ultimately fired a shot into the ground. At that point, the suspect left the scene on foot.

Through the course of their investigation, detectives learned the Tarrant County Community Supervision and Corrections Department received an ankle monitor tampering alert from an individual on probation, 23-year-old Jacob Arriaga Guerrero. Mr. Arriaga Guerrero matched the description of the suspect provided by multiple witnesses at the scene. GPS data provided by Tarrant County also placed him at the crime scene at the time of the attack.

More Here

TX: San Antonio Homeowner Shoots, Wounds, Car Burglary Suspect

In the first incident, officers were dispatched to the 600 block of Saldana Street on March 30, 2025, at 12:59 a.m. for a report of criminal mischief, according to the San Antonio Police Department. Before officers arrived, a shooting was reported on the 800 block of Ripford Street, near Saldana Street. Police learned that a 14-year-old Hispanic male suspect, along with two other juveniles, attempted to break into a vehicle owned by a 53-year-old white male victim. The victim exited his home and fired his firearm, striking the suspect in the lower extremity. The suspects fled the scene, and the injured suspect later called the police. He was transported to the hospital with non-life-threatening injuries. No arrests have been made as the investigation continues.

More Here

NYC Court Holds Stun Guns are not Arms Protected by 2A

Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is not unconstitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution.

The case is Calce v. City of New York, filed in October of 2021.  Ramos' court is the first court to conclude that stun guns have not been established as "arms" covered by the text of the Second Amendment, since the Supreme Court rebuked the Massachusetts Supreme Court in the Caetano case. In Caetano, the Court unanimously 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)

Prima facie means "on its face".  The Supreme Court in the three cases of Heller, McDonald and Caetano, has repeatedly stated the text of the Second Amendment extends to all instruments that constitute bearable arms.  The statement is very clear. It goes back to the establishment of what the words in the text of the Second Amendment mean. In Heller, the meaning of "arms" is established, by reference to the dictionary definition at the time:

Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 107 (4th ed.) (hereinafter Johnson). Timothy Cunningham’s important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” 1 A New and Complete Law Dictionary (1771); see also N. Webster, American Dictionary of the English Language (1828) (reprinted 1989) (hereinafter Webster) (similar).

Heller clearly establishes the word "arms" in the Second Amendment refers to "any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another. " There is not question of the definition of "arms" in the text of the Second Amendment.

Once the action in question in the court is established to be covered by the text of the Second Amendment, the burden of proof shifts to the government to show there were longstanding legal traditions which established exceptions to the text, such as limitations on "dangerous and unusual" weapons.

Courts which are defying the Supreme Court have hit on a strategy to dilute and deny Second Amendment rights. Those courts claim the burden of proof is on those supporting the Second Amendment to prove particular arms in a case are in "common use" to be covered by the Second Amendment text.

In the New York case, this is the tactic Judge Ramos uses to find in favor of New York City. Judge Ramos claims it is the burden of the plaintiffs to prove stun guns and tasers are "in common use" for them to be covered by the text of the Second Amendment. From Judge Ramos:

 “[T]he Second Amendment does not protect those weapons not typically
possessed by law-abiding citizens for lawful purposes.” Heller, 554 U.S. at 625. Therefore, Plaintiffs must show that stun guns and tasers are in “common use” today, and that they are “typically possessed by law-abiding citizens for lawful purposes.”

Analysis:

Judge Ramos is turning the burden of proof on its head. Just because some weapons may not be protected by the Second Amendment does not mean they are not covered by the text of the Second Amendment.

Most jurisdictions and courts are ruling differently. Several jurisdictions have removed their bans on various weapons, including in New York State. For example,  On 14 December 2018, a New York District judge, Pamela K. Chen, an Obama appointee, has struck down a ban on nunchakus, as unconstitutional. In Rhode Island, District Judge William E. Smith found the burden falls to the state to prove particular weapons are not protected by the Second Amendment.

This correspondent views this ruling as another effort by judges who dislike the Second Amendment to delay and delay, hoping for a miracle to reverse current Supreme Court decisions on the Second Amendment.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

VA: Martinsberg Intruder Shot During Altercation

FRANKLIN COUNTY, Va. (WFXR) – The Franklin County Sheriff is investigating after a man allegedly entered a home in Martinsville and was then shot on March 30.

According to the sheriff, deputies responded to the 100 block of Blue Spruce Drive around 9:30 p.m. after reports that a man was shot during an altercation when he allegedly entered a homeowner’s property. At the scene, deputies immediately began emergency first aid until EMS arrived.

More Here

NC: Larinburg Robbery Attempt Gunfight, Suspect Killed, Victim Wounded

After investigation, officers said the 19-year-old was in the store playing a 'skills game' when Henry came inside with three men.

Officers said Henry pointed a firearm at the 19-year-old in what appeared to be an attempted robbery.

Henry shot the firearm, and the 19-year-old pulled out a firearm and shot back.

They both struck each other. Henry fled the scene and the 19-year-old collapsed inside.

More Here

LA: Baton Rouge Gunfight with Vehicle Burglary Suspects, Victim Wounded

EAST BATON ROUGE, La. (WAFB) - A man is recovering after being shot in the arm following a confrontation with two alleged vehicle burglars, according to law enforcement.

Officials with the East Baton Rouge Sheriff’s Office say the shooting happened early Saturday morning, Mar. 29., around 1 a.m. in the 8800 block of Mable Drive.

Deputies responded to the scene where they learned the victim had confronted two males who were allegedly attempting to commit vehicle burglaries. According to officials, the victim and two others later followed the two males to the end of Marionette Drive where one of the alleged burglars opened fire.

The victims group returned fire and the two males fled, deputies say. Their identities are currently unknown.

More Here

MO: Gunfight/Road Rage? in Charleston, Shots Fired One Wounded

CAPE GIRARDEAU, Mo. (KFVS) - A shooting in Charleston, Mo. sent one man to the hospital and landed another behind bars.

According to court documents, 35-year-old Laterence Caldwell is accused of shooting the victim in the leg near Boomland on Saturday, March 29.

The victim told police he felt the bullet hit his leg as a black Nissan passed his vehicle.

The victim then grabbed his gun and fired two shots through the windshield of his vehicle, according to a probable cause statement.

More Here

2/3 of Federal Gun Confiscations are not for Criminal Acts

 

Less than one third of guns  and ammunition taken by the federal government are done through criminal forfeitures. During the Biden administration, criminal forfeitures of guns and ammunition nearly doubled, while administrative forfeitures and civil forfeitures were essentially level.  The chart shown was obtained from the Department of Justice (DOJ). It lists the three types of forfeitures by for the last five fiscal years. The federal fiscal year is the time period used for budget purposes, running from October 1 to September 30 each year. The five years covered span most of the four years of the Biden administration.

Here is a short description of the three types of forfeiture listed. They are derived form longer definitions posted at the DOJ.  

Judicial Criminal Forfeiture - the procedure by which property is forfeited by a person as part of a criminal conviction. The connection between the crime and the property must be established by a preponderance of the evidence. This type of forfeiture occurs when a claimant contests the forfeiture. This type of forfeiture accounts for 31% of the federal forfeitures of guns and ammunition.

Civil Judicial Forfeiture -  the procedure by which property alleged to be derived from or used to commit an offense is forfeited to the government. No criminal conviction is required, but a court has to find a preponderance of the evidence, presented by the government, links the property to criminal activity. This type of forfeiture amounts to about two percent of the forfeitures of guns and ammunition.

Administrative Forfeiture - the procedure by which property is forfeited without a case being filed in federal court. This occurs when no one contests the forfeiture of the assets. The seizure of the property is required to be based on probable cause. This type of forfeiture is the most common at about two thirds of the federal forfeitures of guns and ammunition. 

It is likely the judicial-criminal and administrative forfeiture of firearms and ammunition will be reduced during the President Trump administration. FY21 ran from October 1, 2020 to September 30, 2021. The first four months were during the first Trump administration. Much of the last eight months happened as the Biden administration found its footing and changed the direction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, (ATF).  The FY21 number of Judicial-criminal firearms and guns were 8,482. The number increased for the next three years to 16,858, very close to double. There was very little change in the other two types of forfeiture. 

Analysis: 

The doubling of judicial-criminal forfeitures during the Biden administration likely occurred because of the "zero-tolerance" anti-Second Amendment policy of the Biden administration. Acts which would not have been considered criminal, or would not have been prosecuted before the Biden administration, were vigorously prosecuted during the Biden administration.  The Trump administration has already put plans into effect to transfer or cut 1000 ATF agents. The ATF has about 2,600 agents. Removing a thousand ATF agents from the ATF means the ability of the ATF to infringe on Second Amendment rights will be greatly reduced. The change in focus of the ATF, away from paperwork errors and toward violent criminals will probably mean a smaller number of more important cases.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

CA: Los Banos Homeowner in Gunfight with Home Invaders. Two Invaders Wounded

LOS BANOS, Calif. (FOX26) — Two people were shot by a homeowner during a home invasion early Friday morning in Los Banos.

The Los Banos Police Department says dispatch fist received calls around 2:00 a.m. for reports of gunshots in the 2000 block of Edward Street.

When officers arrived, they learned that several people forced their way into a home.

More Here

NM: Domestic Defense? EX attempts to Force way into House; new Friend Shoots Ex

APD officers responded Friday at around 1:10 a.m. to reports of shots fired at an apartment complex, just south of San Mateo Boulevard and Osuna Road. They arrived and found a man dead with gunshot wounds.

Detectives investigated and say the man tried forcing his way into his ex-girlfriend’s apartment after a dispute. Her friend then stepped in and shot him.

After consulting with the Bernalillo County District Attorney’s Office, however, APD stated no charges will be filed at this time.

More Here

TX: Houston Homeowner Shoots, Wounds Burglary Suspect

When he got to the garage, he noticed the door had been opened. That's when he found a man inside his wife's car in the driveway.

The man got out of the wife's car and started moving down the driveway. Houston police said the homeowner told him to stop. According to HPD, it was dark outside and the man made a quick movement, prompting the homeowner to open fire twice, hitting the man once in the arm and once in the leg.

The homeowner yelled at his wife to call 911 and get help as he stayed with the man.

The Houston Fire Department quickly arrived to the scene and brought the man to an area hospital where he is expected to survive. He is expected to face burglary charges.

The Harris County District Attorney's Office will investigate this incident to determine whether any charges will be filed on the homeowner.

More Here

PA: Philadelphia Burglary Suspect Shot, Killed by 70-Year-Old Resident

In an interview with NBC10, Philadelphia Police Department Captain Shaun Butts said that police were initially unclear on the circumstances that led to the shooting.

However, in a noon update, law enforcement officials said the 70-year-old homeowner was cooperating with the investigation and investigators believe the man who died was killed during an attempted burglary.

An investigation into this incident is ongoing, officials said.

More Here

CT: Domestic Defense, Father Shoots Wife and Son, Friend Shoots Father

A preliminary investigation determined that the father was in the process of moving out of the home, Stephens said, and the son and his friend were assisting him. He said the mother, who had been estranged from the husband and has been living in a different town, had arrived to help.

Stephens said an argument ensued between the mother and father, and the son and friend tried to intervene. The father, who was armed, shot both the mother and son.

Then, Stephens said, the son's friend, who has a legal firearms permit, took out his registered weapon and shot the father. He said the man then called 911.

"It appears he was defending himself when he shot and killed (the husband). He was fearing for his life," Stephens said of the son's friend, adding that he was "very distraught" when called 911.

 

More Here

WI: Milwaukee Threat with Fake Gun Leads to Real Death

Milwaukee —

A 23-year-old was fatally shot Wednesday morning after pointing a fake gun at another person, prompting them to open fire, Milwaukee police said.

The shooting occurred around 8:45 a.m. on Hope Avenue, near 81st Street, in the Arlington Gardens neighborhood. A WISN 12 News photojournalist saw police gathered in the parking lot of the Covenant Lutheran Church.

Advertisement

According to police, the 23-year-old pointed what was later determined to be a replica firearm at a 24-year-old man.

More Here

AL: Florence Armed Robbery Victim Shoots, Wounds, Suspect

While detectives were on the scene, FPD said that a person involved in the incident came to the department.

“During the investigation, it was learned that the deceased juvenile and another juvenile planned to rob the other party involved,” FPD said. “Florence Police Department Detectives worked into the early morning hours, serving search warrants in Franklin County and Colbert County with the assistance of the Florence/Lauderdale SWAT Team.”

More Here

WA: Attempted "Hit" Victim Shoots Back, Wounds Assailant

A 57-year-old man at the scene said he was getting into his vehicle when a white car pulled up with two young men in it, the affidavit said. One of the men in the car said they were there “to serve a hit.” After saying something to them, the man went back to the house to tell the man who lived there what had happened.

The 59-year-old resident armed himself with a .40-caliber pistol and went outside as the white car turned around, turned off its lights and sped toward the house, the affidavit said. When someone in the car fired at his house, the resident shot back.

Deputies found several 9-millimeter shell casings in the street, as well as four bullet holes in the man’s house, the affidavit said.

While deputies were at the scene, they were told that two men had just arrived at Astria Toppenish Hospital, one of them with a gunshot wound to his right thigh. At the hospital, deputies saw a white Nisan Altima that had a bullet hole in the center of the passenger door, two 9 mm shell casings by the base of the windshield and one shell casing at the base of the rear window.

More Here

IL: Legally Armed Citizen In Chicago Shoots Car Burglar

But another 911 call, this one from the concealed carry holder, soon followed. He told police that he saw two men breaking into his car, and he ultimately shot one of them in both legs.

The injured burglar, 21, was taken to the University of Chicago Hospital in fair condition. CPD said he is now in custody for auto burglary.

 

More Here

CO: Manitou Springs Domestic Defense? Gun and Knife Wounds

Investigators determined that the suspect arrived at the victim’s home and stabbed him in the neck in the driveway.

The stabbing victim then shot the suspect twice and called 911, police said.

After being identified as the aggressor, police said the suspect was arrested and is facing charges of criminal attempt to commit first-degree murder and first-degree assault.

Police identified the suspect as 22-year-old Wyatt Pearson. As of Wednesday morning, police said Pearson was hospitalized and would be booked into jail after his release.

More Here

MI: Hazel Park Domestic Defense Gunfight, Son and Mother's Boyfriend Wounded

Thomas allegedly pointed a gun at the victim, and the mother tried to push her son out of the bedroom, police said.

After that, the victim tried to push the gun away, but Thomas allegedly shot him in the shoulder, and then again in the face.

Police say the son then went into another room, grabbed a gun and shot at Thomas, injuring his finger, wrist and chest.

Both of them left the home and separately drove to hospitals, police said.

More Here

CA: Woodland Hills Man Fires Shots During Robbery Attempt

WOODLAND HILLS—On Monday, March 24 at approximately 12:30 a.m. in the 16000 block of Gledhill Street, a 46-year-old man fired shots when he discovered three people attempting to steal his tires and rims from his vehicle in his driveway. Initial reports alleged a 17-year-old boy was one of the suspects and struck by gunfire. The victim’s exact age has not been confirmed.

Los Angeles Police Department (LAPD) David Cuellar indicated that the person shot was transported to an area hospital where he was listed in stable condition and vital signs were good.

More Here

OK: Tulsa Man Shoots man who Attacked him

Berry says he's seen Swets around the neighborhood and that he was homeless with mental health problems, but Berry always tried to show him kindness.

"I bought him dinner a couple of days ago," said Berry.

Berry was not only scared, but also shocked when Swets hit Berry in the face. He says it broke the bat in two.

"He was going to hit me again," he said. "I couldn't believe I didn't pass out because he hit me real hard."

Berry says he grabbed his gun and shot him once, then tried to help him.

"He was walking away slowly, wasn't saying nothing, wasn't responding, and he fell over in the next driveway, and I brought him that blanket and ice pack," said Berry.

More Here

SC: Hardeeville Carjacker Shot, Killed by Armed Victim

As they responded to that call, police heard several gunshots nearby. Woodward said the unnamed suspect fired several shots near the Econo Lodge Inn & Suites, but police weren’t sure if he had a specific target in mind. The man allegedly attempted another carjacking outside the Friendship Inn & Studios, located at 20750 Whyte Hardee Boulevard. He pointed his firearm at the driver of the car and fired at least once, Woodward said, and the driver fired a number of shots in return. The suspected carjacker was struck by at least three bullets, Woodward said. He was pronounced dead at the scene after Hardeeville officers attempted life-saving measures.

More Here

MS: Gunfight at Marshall County Truck Stop 1 Dead, 1 Wounded

MCSO said that 40-year-old Montrell Ellis and 44-year-old Prince Bentley got into an argument outside of the store's entrance. During that argument, Ellis shot Bentley multiple times, the sheriff's office said. MCSO said that Bentley was able to return fire and hit Ellis.

Bentley died as a result of the injuries he suffered during the shootout, the sheriff's office said. Paramedics rushed Ellis to the hospital in critical condition. 

Two other people were arrested and charged with tampering with evidence. MCSO told FOX13 that those two people moved the gun used in the deadly shooting and that they moved some electrical equipment that was important to the crime scene.

More Here

GA: Gunfight in Valdosta, two shot

Officers met with the 22-year-old man in the emergency room, who had multiple gunshot wounds to his torso, according to the post.

SGMC Health EMS took King to the hospital for the injury to his knee.

VPD detectives and crime scene personnel responded to investigate the incident. Through the investigation and evidence collected at the scene, detectives determined that King and the 22-year-old were known to each other and had been in an altercation at Circle K.

After being shot, the 22-year-old retrieved a gun and shot back at King, striking him.

More Here

AL: Spanish Fort Teen who Broke into Residence was Shot

“It’s a tragedy- a husband and a wife, three kids who were asleep in their house. Your house is your castle. The wife awakens to shattering glass- what a scary situation it is so the husband protecting his home- doing what he did. You have a 17-year-old juvenile-- he has his family and a life ahead of him,” said Chief Barber.

Chief Barber says the teen appeared to have forced his way inside through the front window. The chief says earlier that night, the teenager was at his friend’s house on the same street. It’s still unclear why entered the other house, but the Chief says he seemed under the influence.

“Based on the initial investigation, we believe he was under the influence of some substance- we’re not sure exactly what all that could be,” said Chief Barber.

More Here

NM: Clovis Resident Shoots person attempting to Enter Residence.

On arrival, Officers located an 18-year-old male suffering from a gunshot wound to the abdomen that appeared to be from a shotgun. Clovis Fire Department EMS responded and took over care of the gunshot victim. The victim, identified as Triston Lucero, was transported to Plains Regional Medical Center, and later transferred to a Texas hospital for treatment of his injuries.

 

Officers contacted two occupants of the residence, who reported the gunshot victim tried entering the residence and the occupant shot him with a shotgun. A shotgun was recovered from inside the residence, and the occupants were taken to the Clovis Police Department for further questioning.

More Here

IN: Evansville Marijuana sale ends with Gunfight

EVANSVILLE — A 16-year-old Evansville boy has been preliminarily charged with attempted murder after a shooting during an alleged, botched marijuana deal Saturday night, police say.

Three people were injured in the shooting. One of the victims, who hasn't been publicly identified, "is not expected to make a recovery," Evansville police wrote in a probable cause affidavit. That means the boy could eventually be charged with murder.

More Here

WA: Gunfight in Othello Store results in Injury

Early reports indicate that Omar Negrete-Galvan, a 20-year-old resident of Othello, entered the store and was involved in a confrontation with the store clerk, Johnathan Enriquez, also from Othello. The exact cause of the altercation is still under investigation, but it escalated to both parties displaying firearms.

During the conflict, Negrete-Galvan sustained a non-life-threatening injury to his leg. He was later transferred to a specialized hospital for treatment of his injuries. In light of the preliminary investigation, law enforcement officials have established probable cause to suspect Negrete-Galvan of Attempted Assault in the First Degree and possession of a weapon capable of causing bodily harm.

More Here

NM: Albuquerque Apartment Shoots Teen Attempting to Break In

The deadly shooting of a 14-year-old boy Friday night by a resident of an apartment complex is being investigated as a justifiable homicide, an Albuquerque Police Department news release said.

The shooting at the Sandia Vista Apartments at 901 Tramway Blvd. NE happened around 10:15 p.m., when a group of teens were involved in a fight and chased others to an upstairs apartment. Someone then threw a rock through an apartment window, and a resident picked up a gun and shot one of the teens, the release said.

More Here

TN: Memphis Car Theft becomes Gunfight

It all started when a man went to his girlfriend’s house. He says his car was running while he was standing outside. That is when an unknown suspect is accused of getting into his car and driving away.

According to reports, when the man began to chase his vehicle, the suspect fired shots at him. The victim allegedly returned gunfire, striking the suspect several times. A home on Delmar Avenue was also hit by gunfire, but the victims inside were not injured.

More Here

MN Bill HF 2449 - Ban on Sale or Transfer of Most Semi-Automatic Rifles

 In 2024 a bill was introduced into the Minnesota legislature which would ban many semi-automatic rifles. The bill was similar to the President Clinton era "assault rifle" ban. A related bill, HF3628,  did not pass out of the legislature in the last legislative session. In 2025 a new bill, Senate File SF1596/House File HF2449, takes a somewhat similar approach.  The bill adds some new twists and turns.  The new bill was introduced on February 20, 2025, and posted on February 25, 2025.

SF1596/HF2449 takes a different approach than HF3628 did. HF3628 banned the possession of a large number of rifles, pistols and some shotguns. SF1596/HF2449 does not ban possession of the effected firearms, at least not right away. Instead the bill bans the sale or transfer of the firearms. They are not allowed to be transferred as part of an estate, or even to be transferred out of state.  The idea is to prevent any new sale of the banned firearms, and to gradually remove them from legitimate ownership in the state of Minnesota.

The major exception is that agents of the state may transfer such firearms to other agents of the state defined as: government officers, agents, employees; member of the armed forces of the United States, or peace officer for official use by the recipient. No private citizens need apply.

The bill anticipates funds will be allocated for "buyback" programs. Such programs are mandated to accept the listed firearms at rates determined by the Commissioner of Public Safety. People participating in the "buyback" programs are immune from prosecution under the law.

Looking at the list of firearms which would be banned from transfer under this bill, there are a few surprises. Here are some categories of firearms which are not allowed to be transferred if the bill would pass:

Semi-automatic pistols with fixed magazines having a capacity of over ten rounds.  The first one to come to mind is the new Keltec PR-57, specifically designed as a self-defense carry pistol.

In the same line, the bill lists any semi-automatic, centerfire, or rimfire rifle with a fixed magazine which can hold more than ten rounds. This appears to include nearly all semi-automatic rimfire rifles with tubular magazines. The previous bill exempted .22 rifles with tubular magazines. The exemption was not found in SF1596/HF2449.

Any semi-automatic pistol which accepts a detachable magazine and has any one of four features is to be banned from being transferred. The feature which stands out to this correspondent is a "shroud which completely or partially encircles the barrel. This bans transfer of the Keltec CP33 and a number of Ruger MK variants which have shrouded barrels.

As written, the bill bans transfer of dozens of currently legal firearm models, except to transfer them to gun "buyback" programs where the state would take possession.

At the moment, the bill has little support, according to gunowners.mn. This does not mean support will not grow at some point in the future.

This type of bill strikes at the very heart of the Second Amendment. It seeks to remove from public ownership most firearms which are least used in crimes, especially those which would be more effective as militia weapons. It is important for the Supreme Court of the United States to strike down state bans of semi-automatic rifles.  Such a ruling would make passage of bills such as SF1596/HF2449 highly problematic.

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

TN: Memphis attempted Robbery; Suspect is Shot

The MPD responded to a shooting in the area of 31 South McLean Boulevard at around 5:45 a.m. A man on the scene told police that someone tried to rob him when he got home.

Police say the man pulled out a gun and he and the suspect began to physically fight. The man then shot the suspect, who was taken to Regional One in critical condition.

More Here

TX: Houston man Charged after Chasing, Shootning Car Burglary Suspect

SPRING, Texas (KTRK) -- A Spring man was arrested after someone else broke into his car. Harris County Constable Precinct 4 said it was because he chased the suspected thief down and then shot him.

The arrest was posted to the Pct. 4's Facebook page and people are divided. They say this was either someone rightfully protecting his property or someone who took it too far.

More Here

TN: Memphis Man Shoots Robbery Suspect

The MPD responded to a shooting in the area of 31 South McLean Boulevard at around 5:45 a.m. A man on the scene told police that someone tried to rob him when he got home.

 Police say the man pulled out a gun and he and the suspect began to physically fight. The man then shot the suspect, who was taken to Regional One in critical condition.

More Here

MA: Cross Border Carry "May Issue" licensing law Unconstitutional, new Shall Issue law, Constitutional

 

The Massachusetts Supreme Judicial Court had taken two cases where non-residents had been arrested and prosecuted for possessing firearms and ammunition in Massachusetts. Both cases involved residents of New Hampshire, where the defendants could legally carry firearms without permits. The cases were combined for the Massachusetts Supreme Court. The decisions were rendered on March 11, 2025. The decisions were opposite for the two cases.

In the decision for the earlier case, Commonwealth v. Donnell, the Court found the Massachusetts firearm licensing scheme at the time of Donnell's arrest, to be unconstitutional, because the law was a "may issue" law which allowed discretion on the part of the issuing official.From findlaw.com:

Our holding today does not, as the Commonwealth suggests, preclude it from requiring firearm licenses for persons within its borders. See Marquis, 495 Mass. at ––––, ––– N.E.3d ––––. To be consistent with the Second Amendment, the Commonwealth's nonresident firearm licensing scheme cannot vest an official with the discretion to deny a license to a qualified applicant. The defendant was charged under a firearm licensing scheme that did just that. This manner of firearm restriction is no longer permissible. Bruen, supra. Accordingly, the allowance of the defendant's motion to dismiss is affirmed.

In the second case, Commonwealth v. Philip J. Marquis, the court upheld the law as constitutional. They found Marquis did not have standing because he had not applied for a nonresident permit under the new Massachusetts law. From findlaw.com, Commonwealth v. Philip J. Marquis:

This is one of two cases we decide today in which we determine the constitutionality of the Commonwealth's nonresident firearm licensing scheme.¹ See Commonwealth v. Donnell, 495 Mass. (2025). While we consider a prior version of the nonresident firearm licensing scheme in Donnell, here we consider the current version of that scheme. See St. 2022, c. 175, §§ 17B-22 (effective Aug. 10, 2022). Specifically, we address whether the current nonresident firearm licensing scheme violates the right to keep and bear arms under the Second Amendment to the United States Constitution or the rights to travel and to equal protection under the Fourteenth Amendment to the United States Constitution. We hold that it does not.

Analysis: The Massachusetts court refused to consider the thrust of the argument against requiring non-residents to obtain a separate permit from the Commonwealth of Massachusetts in order to exercise rights protected by the Second Amendment. They did this by claiming the defendant had no standing because he had not applied for a non-resident permit.  The argument ignores the fact it is much more difficult for a non-resident to obtain a non-resident permit than it is for a resident to obtain a resident permit.  From the opinion:

Because that scheme does not penalize nonresidents' right to travel, and because differences in how that scheme operates for residents versus nonresidents are rationally related to legitimate State interests, the Commonwealth's nonresident firearm licensing scheme is also facially consistent with the Fourteenth Amendment rights to travel and to equal protection.

The Court dismisses those crucial arguments by citing precedents from more than a decade before the Supreme Court case in Bruen. The court goes on to make extensive arguments, which it says are not necessary. In the opinion of this correspondent, the arguments are weak. The Commonwealth treats non-residents substantially differently than it does residents when it comes to non-resident permits. The Court glosses over these differences as not relevant.

A non-resident permit is only valid for a year, while a resident permit is valid for 4-5 years.  The non-refundable fee is $100 for both. A Massachusetts official can take up to 90 days to issue a non-resident permit, while they are only allowed 40 days to issue or deny a resident permit. Residents are allowed a sixty day grace period to renew their permit; non-residents have no grace period. The concept that a citizen would have to apply for a permit up to 90 days before they can exercise a fundamental, Constitutional right after a decision to cross a state line, is absurd. Those decisions are often made momentarily, on the spot. For the First Amendment, any delay of exercise of the right has been found to cause irreparable harm. The same standard should apply to the Second Amendment, which is not a Second Class right.

The Massachusetts court then reaches into fish and game law to claim there is no requirement for state permits to treat residents and non-residents alike. It claims the state permit system need only meet rational basis. Both claims are highly problematic.

Hunting and fishing are not rights enumerated in the Bill of Rights of the United States Constitution.  The Court is playing games when it says the Massachusetts non-resident permit scheme does not violate the Second Amendment, and then claims the permit scheme can treat non-residents and residents differently, because the Court said it does not violate the Second Amendment. This is circular reasoning.

Massachusetts is one of the jurisdictions in the United States most hostile to the Second Amendment. The judges on the Commonwealth's high court are clever wordsmiths. This does not mean they are correct.

It is unclear if the Marquis case will be appealed to the Supreme Court of the United States.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch