Monday, March 18, 2024

Three Attacks by Coyote(s) in Arlington Texas in Five days


On Saturday, February 10, 2024, at the Parkway Central Park in Arlington, Texas, a Coyote attacked a little girl, dragging her toward the woods. The girls father chased after the coyote and girl, and recovered the girl. From khou.com:

"I have a little girl who just got attacked by a coyote," the 911 caller said. "It's a big coyote. It's coming back. Oh Lord Jesus."

The caller described that children were playing on a playground when the coyote "attacked the little girl on the playground and dragged her, like, in the woods and her daddy went chasing after her."

 "So kids are in the car now but the coyote is still on the playground," the caller told 911.

The caller then described the girl's bite wound, as dispatch worked to get an ambulance and officers to the scene.

Traps were set in the park, but the park was not closed. No signs were posted at the park to inform users of the danger.

On Monday February 12, another child was bitten and taken to the hospital. More traps were set.

On Tuesday, February 13, a six year old boy was attacked, bitten, and dragged for some distance. From nbcdfw.com:

“All of a sudden, I heard a mom scream, ‘Oh my God! That dog just bit that kid!'" Estreitta de Kluetz recalled. “I immediately called 911, went over to the little boy, and the little boy was — his whole shirt was filled with blood and he was crying."

She said the woman, who was holding a baby, herself, threw her shoe at what they soon realized was a coyote. Both ran to help the little boy, who was sitting next to the swings with his brother.

She said she saw the coyote still hovering in the distance.

"... Like watching us. And I was like, ‘You guys, we need to get out of here because he — and then he started kind of creeping," she said.

After the Tuesday attack, city officials closed the park. On Wednesday, February 14, a coyote believed to be responsible for all three attacks, was captured alive after confronting officers. It does not appear any of the traps were successful.  The coyote was not rabid. The city said the coyote will be euthanized.

In the nbcdfw.com coverage, a resident made this statement:

“I understand this is their habitat, they were here before we were, I
get that completely.

Another coyote attack in the Dallas/Ft. Worth metropolitan area occurred in 2022 on May 3rd. In that attack, a three-year-old was critically injured, but recovered.

Analysis: Coyotes are protected in urban areas. It is generally against the law to shoot them inside city limits.  When the attitude of the public is "this is their habitat, they were here before we were", they will continue to be protected.  As they become more and more accustomed to people, the number of attacks on children will increase.  Coyotes were seen in the area immediately after the initial attack. They were not shot.  It is hard to understand why the coyotes present were not killed as a safety concern, as soon as possible. This happened in Texas, where then Governor Rick Perry took out a coyote which menanced his dog in February of 2010.  Ruger even issued a "coyote special" version of the pistol he used.  This did not change coyotes protected status inside Texas cities.

Coyote attacks will continue to increase as long as urban areas offer coyotes sanctuary status.

 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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TN: Gunfight at McDonalds, Employee Wounded

Both of the male passengers then got out of the vehicle, pulled out handguns, and shot at the teen employee through the drive-thru window.

Police say the teen also had a handgun and shot back at the men.

More Here

Sunday, March 17, 2024

TX: Woman says she shot, killed, man who Drugged, Kidnapped her

Deputies are investigating after a woman called to report that she was kidnapped and drugged and had shot someone in Gillespie County.

On March 15, around 12:42 p.m., deputies tracked the woman down near a winery in the 10800 block of East US Highway 290, where they say she described the vehicle and the weapon used.

A deputy found the vehicle in the outside lane of westbound traffic and found a man dead in the front-seat area.

An investigator interviewed the woman at the local hospital while deputies gathered evidence.

Police identified the dead man as 49-year-old Lance Demon Reid, who they say had been living in the Houston area.

 

More Here

Saturday, March 16, 2024

NICS Numbers for February, 2024 Steady on the New Normal


The number of National Instant background Check System (NICS) checks and estimated gun sales show little change from 2023.

In February, 2024, the number of gun sales is 99.7% of what they were in February of 2023. Total estimated gun sales in February of 2024 are 1.29 million. In February of 2023 they were 1.29 million.  There were 4k sales difference between the two months. This makes February 2024 the fifth highest February for gun sales recorded in the NICS system and the Sixth highest February for total background checks done.  The numbers for the various types of gun sales recorded were close to those in February of 2023. Handgun sales were slightly lower and long gun sales were slightly higher.

The National Shooting Sports Foundation has adjusted NICS numbers for February over the 25 years of history available. Sales were fairly flat from 2000 to 2007, then trended up during the Barak Obama Presidency, with a relatively new normal starting in 2012.


There are about 505 million privately owned firearms in the United States today.

To estimate the number of guns in the private stock in the United States, this correspondent uses the method pioneered by Newton and Zimring in 1972. The method was extended by Professor Gary Kleck through 1987 in his highly acclaimed book "Point Blank: Guns and Violence in America" p. 49-50.  Numbers from the Alcohol, Tobacco and Firearms (ATF) are used to update the estimates through 2022.  Estimates derived from corrected FBI figures in  NICS are used for 2023 to the current time.

Using the Newton-Zimring-Kleck method, there are about 505  million privately owned firearms in the United States of America to date. This is essentially the same method used by the Small Arms Survey based in Switzerland. According to the Small Arms Survey, the private stock in the USA was about 393 million at the end of 2017. About 95 million firearms have been added to the private stock since the end of 2017. An updated Small Arms Survey figure would be about 490 million firearms in the USA private stock.  Given the uncertainties of the data, the two numbers are reasonably close.

Analysis: Why does the United States of America dwarf the rest of the world in the number of firearms owned per capita? Here are two obvious reasons.

The foremost reason is the government of the USA has not imposed strong restrictions on the ownership of common arms (although some state governments have), in large part due to the Second Amendment of the Bill of Rights in the United States Constitution. Firearms are desirable possessions for large numbers of people. For a great many people they are seen as necessities rather than luxuries. When government imposed restrictions on the ownership of firearms are removed, the number of firearms owned by the population increases dramatically.

A second reason is the relative prosperity of the population. Unskilled labor in the USA today can earn about $100 a day. In much of the world, unskilled labor has difficulty earning $2 a day. Two hundred and fifty years ago, a rifle cost  the equivalent of $22,000 today. A musket would cost about one third that amount.  A far more capable modern single shot shotgun, today, can be purchased new for $120.  Reasonably quality firearms are much more affordable today than they used to be.

People in the USA have much more disposable income than people in most of the world. For the cost of a bit over a day's labor, an ordinary person can purchase an inexpensive shotgun or rifle. For two days labor, a perfectly usable revolver or semi-automatic handgun is available. For a weeks labor, a decent quality AR15, suitable for militia service and defense of self, home and community is available from multiple sources.

Residents of many countries envy the United States for its freedom, security, and Second Amendment.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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GA: Atlanta Disarm, Victim and Aggressor both Wounded

Aggravated Assault: 3208 MLK JR

240750469

Post Date:03/15/2024 11:59 AM

Preliminary Information: On 3/15/23, around 6:00am, officers responded to 3208 MLK JR. Dr in reference to a male shot. Upon arrival, officers located a male victim with a gunshot wound to the knee. He was alert, conscious and breathing and transported to the hospital for treatment. A short time later, officers responded to another call regarding a male shot at 242 Napoleon Dr. Upon arrival, officers located a male with a gunshot wound to the head. He was transported to the hospital for treatment.

 

Preliminary investigation indicates the two incidents are related. The victim was working security at the location when a male suspect entered the store and pointed a firearm at him. A struggle ensued resulting in the victim sustaining a gunshot wound to the knee. The victim was able to struggle the firearm away from the suspect and shoot him. The suspect fled the scene and called 911. After thorough investigation, it was determined the suspect who was shot was also the primary aggressor in the incident. He has been arrested and charged while in Grady Detention. Charges and the suspect’s identification are pending at this time as the investigation continues.

Link Here

OK: Police Investigate Early Morning Shooting inside Residence

"When officers arrived, they found one person there suffering from a gunshot wound," MSgt. Gary Knight, with the Oklahoma City Police Department, said. "It appears that some sort of altercation broke out inside of the residence."

 Police at the scene told KOCO 5 that a married couple and a child were inside with the victim, but the relationship between them is still under investigation. Officers said the victim pulled out a gun, which is when the homeowner shot him.

 

More Here

Four NRA Directors to Vote For

 

The NRA is in serious trouble, the worst crises in the history of the organization.  There is no point in sugar coating the reality. Many of the problems are self-inflicted by the current administration of the organization.

It is this writer's considered opinion the fight to restore the Second Amendment can best be served by voting for the following four nominees for NRA Board Directors:

Phil Journey 

Denis Fusaro

Rocky Marshall

Jeff Knox

Vote only for those four nominees. Voting only for those four magnifies your vote.

In addition, vote Yes on the proposed bylaw change to create a Chief Compliance Officer. It is a position which is badly needed at the NRA.

Then, place your director election ballot and the bylaw change ballot in the provided envelope, seal it, sign it, place a stamp on it and send it off.

About 95% of ballots are never returned. This makes your ballot all the more valuable.

For those who are eligible, the ballot is in the March edition of the NRA magazines.

This correspondent started paying for a life membership in the NRA in 1973 on the installment plan. By 1979 I had voting status. Along the way I became an endowment member. Organizations go through a sort of evolution. Eventually, organizations move from focusing on accomplishing their mission to focusing on benefiting the people running the organization. This correspondent saw it happen in the NRA and fought against it with many others. We lost the battle in the middle 90's.

The NRA is a valuable organization. It has accomplished many useful and worthy goals. There is much in the NRA which should be preserved and much which needs to be reformed. Nominees who have shown themselves to understand the need for reform, early, should be voted in as directors to aid in reconstructing the NRA.

Phil Journey, Denis Fusaro, Rocky Marshall, and Jeff Knox are those nominees. The way the NRA elections work, voting for only these four nominees magnifies your votes. The nominating committee is a construction of the current leadership.

All four reform candidates have been nominated by membership petition in this election.

Most members who are eligible to vote either: do not fill out the ballot(s), do not place the ballots in the envelope, do not seal the envelope and sign it; do not place a stamp on the envelope; or do not mail the envelope with the ballot(s) inside.

The voting members who do the above decide the election for all those who do not. Talk to your friends and relatives. Give them advise on how to vote. 

Those who vote make the decisions for those who do not vote.

This is your chance to make a difference in the NRA. Changes are coming. Much will be decided by the judge in New York. The current NRA leadership has failed the NRA membership. They deserve to be replaced.  Those who brought the NRA to this disaster should not be kept in charge of the organization.

The envelopes must be received by April 28. Now is the time to vote, and to send off your vote.

 
©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 



OH: West Columbus, Domestic Defense, Stepfather Shoots Stepson

An argument between a man and his stepfather led to a shooting in south Columbus on Wednesday.

Police say the stepfather shot his stepson in self-defense.

The incident took place just before 9:30 a.m. in the 2300 block of South 5th Street.

More Here

ID: Elderly Woman is injured, Shoots, Kills Home Invader

A home invasion turned deadly for the intruder on Wednesday north of Blackfoot, authorities said.

The Bingham County Sheriff’s Office said the elderly female homeowner fatally shot the adult male suspect during the home invasion that occurred around noon at a residence at 134 West 600 North in the Rose area.

The elderly woman suffered injuries during the incident and was transported via ambulance to a local hospital. She’s expected to survive, the Sheriff’s Office said. Her name hasn’t been released.

More Here

Thursday, March 14, 2024

Dallas Seavy Kills Moose in Defense of Self and Dogs on Iditarod Trail

 

Moose Image USDA public domain

 

Iditarod five time champion Dallas Seavey had to kill a moose in self defense 14 miles out of the Skwentna checkpoint. It was 1:43 a.m. when race officials were notified on March 4th.

In 2015, Dallas Seavey stated he carried a Taurus stainless .357 magnum on the Iditarod trail. In 2015 Seavey said he had to use the revolver to defend one of his dogs two years earlier. The dog still lost a leg in the attack. This year, in 2024, Dallas had to shoot a moose which was attacking his dogs in the first hundred miles of the race. It is unknown if he still had the Taurus 605SS2 or a different firearm. From gunsandammo.com:

"I carry a beat-to-death, dirty, I mean horrible-looking .357 Mag. stainless Taurus 605SS2 with a 2-inch barrel," he said. "It's easy to grab, it always works, and if it falls through the ice on some river and never seen again, no big deal."

Iditarod rule number 34 deals with the necessity of  killing an animal in defense of self and/or the dog team.  

Rule 34 --Killing of Game Animals: In the event that an edible big game animal, i.e., moose, caribou, buffalo, is killed in defense of life or property, the musher must gut the animal and report the incident to a race official at the next checkpoint. Following teams must help gut the animal when possible. No teams may pass until the animal has been gutted and the musher killing the animal has proceeded. Any other animal killed in defense of life or property must be reported to a race official, but need not be gutted.

Iditarod officials have ruled Dallas Seavey did not gut the moose properly. He will be penalized two hours of the race. It could cost him his sixth, record setting win.

 In 2022, Bridgett Watkins found her .380 pocket pistol was insufficient to stop an attack on her dog team, while training for the Iditarod. From alaskapublic.org:

“It’s not that I wasn’t prepared. I wasn’t prepared to kill a moose, that’s correct,” Watkins said. “It’s not my intention to go around in February and hunt and kill an animal. This is like worst-case scenario defending my life.”

She did carry a .380 caliber gun because there are few people where she trains, and she keeps it to to deter or scare off animals. She has since upgraded to a larger caliber firearm after it didn’t stop the moose.

In March of 2022, a dog sled racer in Maine had to kill a moose which was attacking their dogs. From newscentermaine.com:

"When the team started pulling Caleb toward the moose, the moose turned its attention to the team and charged the team several times, stomping through the team," Hayes explained.

"It probably didn't know the difference between a wolfpack and the sled dog team, because it just charged," Caleb said.

Caleb said the moose retreated every five minutes or so, only to come back with violent attacks at the puppies and the dogs. After about 15 or 20 minutes, Hayes told Caleb to take the snowmobile and try to find a gun from a neighbor while he stayed and held back the dogs.

The Maine attack lasted for 45 minutes while Caleb Hays went to different neighbors trying to find a gun they could use to kill the moose.  He finally returned with a Savage .30-06. The rifle was sufficient to stop the attack. A game warden ruled the Hayes could harvest the moose meat for their own use. 

Seavey's father, Mitch, who has won three Iditarod races, says he carries two guns: a .357 magnum and a .44 magnum, to be ready for anything, according to USAtoday.com

Moose are big animals, typically, in Alaska, weighing in over 1,000 lbs. Gutting an animal that size, alone, takes real time and effort. 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

IL: Chicago, Gun Battle, Two Victims and a Suspect Wounded

A 16-year-old boy and two men were wounded when the boy tried to rob them causing a shootout late Monday in North Lawndale, police said.

The attempted robbery of the men, 34 and 50, happened about 10 p.m. in the 3800 block of West Roosevelt Road, police said.

A fourth person on the scene was armed and exchanged shots with the 16-year-old alleged robber before fleeing, police said.

The 34-year-old man was taken to St. Anthony Hospital with a gunshot wound to the neck, and the 50-year-old man was taken to Mount Sinai Hospital with a gunshot wound to the wrist.

The 16-year-old was shot in the leg and taken to Stroger Hospital. All three are listed in good condition.

More Here

FL: Targeted Gun Battle, 3-Year-Old and Attacker Killed, 23-Year-Old Victim Wounded

The unidentified man stuck the rifle in the passenger side window, Taylor said, and there was a struggle over control the gun. The chief said he thinks it was during this struggle the rifle went off, the bullet going into Einzig's hip.

Baez grabbed her 3-month-old daughter from the middle of the back seat and fled from the shooting, Taylor said. Baez and the infant were not injured in the shooting.

Einzig, who was armed with both a handgun and a rifle, fired back at Wilson and the second man resulting in an "ongoing gun battle," Taylor said.

 

More Here

Wednesday, March 13, 2024

CZ at SHOT Show 28.625" barreled Jaguar .22 Rifle

One of the replacements for the CZ 455 line at the 2024 SHOT Show is the 457 Jaguar long barreled .22 rifle. The rifle has one of the longest .22 barrels in production at 28.625 inches. It has open sights regulated from 25 to 200 meters. The long barrel allows precision shooting without a telescopic sight. The rifle replaces the 455 Ultra Lux. The wood on the Jaguar is beech, and often produces an excellent figure in a rifle stock.


The exhibit of CZ rimfire rifles at the 2023 SHOT Show displays the Jaguar barrel as over four inches longer than the next longest barrels. Even with the 28.625 inch barrel, the Jaguar only weighs a comfortable 6.4 lbs. This correspondent has the older version, the Ultra Lux. It handles well. The long barrel helps to stabilize off hand shooting. Another advantage of a long barrel is it allows more time for combustion gasses to cool and lose pressure, reducing the sound of the report when the rifle is fired. Care must be taken with very low velocity cartridges. CCI has put a warning on their Quiet 22 ammunition. The Quiet 22 should not be fired in barrels longer than 24 inches. This author had a Quiet 22 bullet stick part way out the muzzle of his Ultra Lux rifle.


With the introduction of the 457 line in CZ,the company has made improvements in their excellent rifles. The action of the 457 models are almost an inch shorter than the 455 models. They have had mass removed from the sides to reduce weight. The safety on the 457 models is pushed forward to fire, bringing CZ into line with most other rifle safety directions from major manufacturers. Many youth instructors had asked CZ to make the change, to prevent confusion on the part of young shooters.  The bolt rotation has been changed from 90 degrees to 60 degrees. This helps to prevent contact between the bolt and telescopic sights with large ocular bells.  The trigger on the CZ Jaguar at the SHOT Show was excellent. It broke at about two pounds, or a  little less. It had a very clean break and almost no over-travel. In the CZ 457 models, the trigger group is easily removed, making trigger adjustment and maintenance simple. The trigger on the Jaguar was much better from the factory than the trigger this correspondent had from the factory on his Ultra Lux, which was better than average.



CZ has chosen to imprint the model and number on the stock of the Jaguar. The adjustable rear sight appears to be the same as on the Ultra Lux, which is known for its precision.


The long barrel on the Jaguar makes for a fairly quiet .22, especially if sub sonic ammunition is used.  The Jaguar comes from the factory with a 1/2x28 threaded muzzle and a thread protector. Owners can easily add accessories such as flash hiders or suppressors. CZ is responding to customer demand. Over 3 million silencers/suppressors are now legally owned in the United States. The growth pattern is in the shape of an exponential curve.  The main reason to produce firearms without threaded muzzle options are legal ones. Some states forbid threaded muzzles. The barrels and magazines on the 457 are interchangeable with the barrels and magazines on the 455 models.

The upgrades from the old Ultra Lux to the new Jaguar long barreled CZ .22 rimfire are responses to market demand. These upgrades make already excellent rifles even better.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 


ID: Home Invasion in Idaho Falls, 1 Victim Killed, 1 Victim Wounded, Invader Suspect Wounded

The reporting party said a person had entered the residence, and two people had been shot. When police arrived, they found two men with gunshot wounds and the victims were taken to a local hospital, where one died from the injury.

The Bonneville County Coroner’s Office has identified the individual who died from the shooting as Eric Leask, 51, of Idaho Falls.

Idaho Falls police, after 11 p.m. Saturday, located the suspect in an apartment unit at the Teton Mesa Apartments, 800 block of Lomax Street. The suspect, later identified as Broncho, barricaded himself in the apartment and did not come out when officers directed him to do so.

The Idaho Falls police SWAT team was called to evacuate neighbors and sent in tear gas into the apartment unit around 1 a.m. Sunday. Broncho exited the apartment and was taken into custody. A second person, Blanca Lopez, was taken into custody after 3 a.m. for pre-existing Bonneville County warrants.

More Here

PA: Teen Ignites Gun Battle by Fireing Rifle

A suburban teen who investigators say fired a semi-automatic rifle at an unidentified person – and was wounded by return fire – in Spring Township’s West Wyomissing neighborhood is in Berks County Prison following his arraignment over the weekend.

Ke’Sean Williams, 18, of Valley Road in Wyomissing was jailed in lieu of $500,000 bail following arraignment Saturday night before District Judge Tonya A. Butler in Reading Central Court.

Williams faces charges of attempted first-degree murder, aggravated assault and reckless endangerment as well as weapons offenses.

Williams was arraigned after he was treated in Reading Hospital for a gunshot wound to the leg. He was arrested as he was being driven from the scene.

More Here

Tuesday, March 12, 2024

South Carolina: Constitutional Carry (H 3594) Signed by Governor McMasters

South Carolina State House, Christmas 2006, Brandon Davis, public domain, cropped and scaled by Dean Weingarten


The South Carolina legislature has approved of the Constitutional Carry bill, H*3594 as recommended by the Conference Committee. The House approved the Conference report on March 5, 2024, with a vote of 86 to 33. The Senate approved the Conference report on March 6, 2024. The bill is expected to be sent to Governor McMasters in a few days.

The bill is close to what was passed by the Senate, according to the Greenville News:

Ultimately, the Senate version of the bill emerged mostly intact including the addition of enhanced penalties for repeat weapons offense violators. The committee also settled on places where guns may and may not be carried, the duty to report stolen weapons, and several provisions related to concealed weapons permits.

The members of the Senate appointed to the conference committee were Senator Brad Hutto (D) (Chairman), Senator Shane Massey (R) (majority leader of the Senate), and Senator Shane Martin (Senate sponsor of the bill).  Senator Hutto had voted against the bill in the Senate. Senators Massey had opposed Constitutional Carry bills in the past. The three House members of the committee were the bill sponsor in the House, Representative Bobby J. Cox (R), Representative Micah Caskey (R) , and Representaive Justin Bamberg (D). All three representatives had voted for the House version of the bill.

Analysis: The Constitutional Carry bill has a number of gun free zones. Churches, in particular, are assumed to ban firearms unless particular, express permission is given. There are significant penalties for carrying firearms when a person is a prohibited possessor. Firearms may not be carried into places which serve alcohol unless the person carrying the firearm is not consuming alcohol.  Members of the legislature have been removed from the list of people who may carry in the gun-free zones.

South Carolina has been working for years to pass a Constitutional Carry bill. Bills have repeatedly passed the House with large margins, only to be defeated in the Senate with legislative maneuvers, such as refusing to allow the bill to be heard in committee. Senator Massey has been opposed the previous bills. Massive public support for the current bill seems to be the reason Senator Massey agreed to pass H 3594. Governor McMasters wanted the increased penalties for prohibited possessors who carry firearms. Governor McMasters has indicated he will sign the bill. H 3594 is not a perfect Constitutional Carry bill. Most bills are not perfect. This bill removes most infringements on the right of adults to carry loaded handguns in most public places without asking a government official for permission. As seen in numerous other states, it is better to take the incremental advances in the current bill, then work to improve it later.

South Carolina will become the 29th member of the Constitutional Carry club.  When both South Carolina and Louisiana have Constitutional (permitless) Carry, 67.54% of the area of the USA will be in states with Constitutional Carry or in the case of Florida, permitless carry.

The South Carolina bill will go into effect when signed by Governor McMasters.  Louisiana Governor Landry signed Louisiana's Constitutional Carry bill on March 5, 2024. The Louisiana bill will go into effect on July 4, 2024.

Update: Governor McMasters signed H 3594 into law on the afternoon of March 7, 2024. It became effective when signed. 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Chicago Gunfight, Suspect Killed, Armed 64-Year-Old Victim Survives

The alleged robber approached a 60-year-old man who was outside in the 1500 block of West 82nd Street around 5:30 a.m., according to Chicago police.

He pulled a gun and demanded property from the 60-year-old, who also pulled out a gun, which he was licensed to carry.

The two exchanged gunfire, and both suffered gunshot wounds.

The alleged robber, who was not identified, was shot several times throughout his body and pronounced dead at Advocate Christ Medical Center in Oak Lawn, police said.

The 60-year-old suffered gunshot wounds to his back and left leg, and his condition had stabilized at the same hospital, police said.

 

More Here

PA: Domestic Defense? Father Shoots Son in Leg, Dog hit with Same Shot

An initial investigation found that a father fired at his son, who was assaulting him, police Captain Pete Feeney said.

Shotgun pellets from the blast hit the son in the leg and some struck the family’s dog, killing the pet, Feeney said.

The son was taken to St. Mary Medical Center for treatment, police said.

Feeney said the shooting may have been in self-defense, but investigators continued to probe the incident as of late morning.


More Here

Monday, March 11, 2024

Louisiana Joins Constitutional Carry Club in 2024

Louisiana, shown as shall issue (blue) on the Gulf of Mexico, between Texas and Mississippi, will Have its Constitutional Carry law go into effect on July 4, 2024.


On March 5, 2024, Governor Landry of Louisiana signed Bill SB 1, Constitutional Carry into law, now known as Act No. 1.  The new law will go into effect on July 4, 2024.  Constitutional Carry is one of eleven interrelated crime bills designed to reduce crime in Louisiana.  All eleven bills were passed in the special session on crime called for by Governor Landry

SB 2 was another of the crime reform bills SB  2 limits the liability of a person who justifiably uses a handgun in self-defense. It provides immunity from civil liability for damages for injury, death or loss suffered by a perpetrator. The eleven crime bills are listed below. All eleven bills were signed on March 5, 2024.

  • SB 1: Constitutional Carry
  • SB 2: Concealed Carry Permit Immunity
  • HB 3: Expanding Access to Drug Courts
  • HB 4: Post Conviction Reform
  • SB 5: Pardon and Parole Reform
  • HB 6: Justice for Victims
  • SB 7: DUI Penalties
  • SB 9: Preserving Prosecutions for Rape
  • HB 9: Probation and Parole Violations
  • HB 10: Truth in Sentencing
  • HB 11: Offender Rehabilitation

Constitutional Carry, as exemplified by SP1 in Louisiana, has an exemption for those who are prohibited from carrying a firearm under state or federal law. From a previous article on AmmoLand:

M. The provisions of Paragraph (A)(1) of this Section shall not apply to any person who is eighteen years of age or older and is not prohibited from possessing a firearm under R.S.14:95.1, 18 U.S.C. 922(g), or any other state or federal law.

SB 1 is a good step toward restoring the free exercise of the right to keep and bear arms in Louisiana. Adults who are not prohibited possessors of firearms under state and federal law will be able to carry loaded handguns, openly or concealed, in most public spaces, without fear of being arrested. They will not be required to ask permission of a government official before exercising their rights.

SB1 was passed with overwhelming margins along party line votes in the legislature. On February 2, 2024, it passed in the Senate 28 to 10. On February 28 it passed in the House, 76 to 28. SB1 was sent to Governor Landry on February 29, 2025.

With the passage of SB 1, Louisiana becomes the 28th member of the permitless (Constitutional Carry) club. Every new state entering the club has met with predictions of "blood in the streets". It has not happened. Detractors of Constitutional Carry can, with considerable searching, find statistical anomalies where a particular type of crime increased in a state or a city for a period of time. These are outliers. When all the data is looked at over long periods of time, the pattern is clear. There is little change. What change there is, tends to be positive. Murder rates tend to drop a little. Justified homicides tend to rise a little. Property crime may rise a little as confrontational crime against persons drops a little. With the addition of the State of Louisiana, the ability of an ordinary person to carry a loaded handgun in most public places, without asking for permission from a governmental authority, is now the law in over 2/3 the land area of the USA.

The states who now have Constitutional (permitless) Carry are:

Alabama, Alaska, Arizona, Arkansas, Florida (permitless), Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Analysis: This correspondent is not a fan of placing exemptions in state law which depend on federal law or federal definitions. The practice places the state at the mercy of law changes at the federal level. Such a practice limits the purpose of federalism and reduces the sovereignty of the state.

The major effect of removing infringements on the exercise of Second Amendment rights is a return to the rule of law. Citizens see the Constitution means something. The power of government is limited. The Bill of Rights is not completely changeable by Judges who wish to impose their personal theories on the rest of society.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



AL: Jefferson County Man Breaks into Home, is Shot, Killed

A 33-year-old man was shot and killed at a home in McCalla early Friday morning.

The Jefferson County Sheriff's Office said the shooting happened in the 6600 block of Newbridge Drive around 4:30 a.m. during a reported home invasion.

The sheriff's office said deputies were told the man broke into the home and engaged in a physical altercation with the occupants.

More Here

Sunday, March 10, 2024

CA: Failure to Recognize Vacated Convictions or Restored Rights Violates the Consitution (Linton v Bonta)


On February 28, 2024, US District Judge for the Northern District of California granted summary judgement to three individuals whose Second Amendment rights were unconstitutionally violated by the State of California. The case began over five years ago.

On December 20, 2018, the case of Linton v Bonta (originally Linton v Becerra, the California AG at the time) was filed.  Individual plaintiffs and several organizations, including Calguns, Firearms Policy Foundation, Madison Society Foundation, and SAF sued the state of California for flagrantly denying the exercise of Second Amendment rights, the legal judgments of other states, the Full Faith and Credit clause of the Constitution, and the Fourteenth Amendment. From the lawsuit:

The question presented by this case is whether the State of California, through its chief law enforcement officers, can prevent current California residents who are not federally or otherwise prohibited from purchasing and possessing firearms if their previously-disqualifying offenses, which occurred in other states,have been vacated, and especially when their fundamental, individual rights have been fully restored to them by courts of competent jurisdiction in those respective states. Asked differently: In their zeal to prohibit as many citizens from owning firearms as possible, may this State, its chief law enforcement officer, and those responsible for the enforcement of California’s firearms laws and policies, ignore the judgments and pronouncements of the courts of other states because they do not prefer the policy outcome? The only honest,constitutionally-grounded answer to these questions must be a resounding ‘no’.

On March 5, 2021, the case was stayed and administratively closed, because of pending ajudication of the Duncan v Becerra case. When the Supreme Court issued the decision in Bruen, on June 22, 2022, the elaborate structure erected by the Ninth Circuit to gut the Second Amendment was abolished.  A motion to lift the stay was filed on June 28, 2022. From the motion:

Good cause exists to lift the stay in light of the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, --- S. Ct. ---, No. 20-843, 2022 WL 2251305 (June 23, 2022) (“Bruen”), in which the Court has restated the standard to be used in Second Amendment cases. Going forward, means-end scrutiny analyses are no longer permissible in Second Amendment claims, and instead, the courts are to consider the Second Amendment’s text, “as informed by history,” and tradition.

The stay on the case was lifted on June 30, 2022. On February 28, 2024, Judge Donato issued an order of summary judgement against the defendants (State of California). From the Order:

California Penal Code Section 29800 prohibits individuals who have been convicted of felonies from owning or possessing firearms. Plaintiffs Chad Linton, Paul McKinley Stewart, and Kendall Jones were convicted of felonies in other states several decades ago. None of the convictions involved a weapon, drugs, or violence, in the ordinary meaning of the word. Each of the plaintiffs had their conviction vacated, set aside,or dismissed, and their right to possess firearms restored, by the jurisdiction in which they were convicted. Linton legally acquired firearms in California on prior occasions, and Jones was a career law enforcement officer in California with special training and certification as a firearms instructor. Even so, California has acted to permanently deny Linton, Stewart, and Jones the right to possess or own firearms, solely on the basis of their original convictions. 

Plaintiffs ask for summary judgment on the grounds that California has violated (1) the Second Amendment, (2) the Full Faith and Credit Clause, and (3) the right to travel protected by Article IV and the Fourteenth Amendment of the United States Constitution. See Dkt. No.62-1. These are as-applied challenges, and plaintiffs seek declaratory and injunctive relief for themselves individually. Id. at 1.

After multiple hearings and several rounds of briefing, and in light of the guidance provided by New York State Rifle& Pistol Association, Inc.v. Bruen, 597 U.S. 1(2022), the Court concludes that California has violated the Second Amendment rights of the individual plaintiffs. Consequently, summary judgment is granted in favor of Linton, Stewart, and Jones on their as-applied Second Amendment claim. The Court need not reach plaintiffs’ other constitutional claims.

It is not known if the State of California will appeal the case to the Ninth Circuit. 

Analysis: This case is on "as applied" claims, therefore it only applies to the three individual plaintiffs, Linton, Stewart, and Jones. The decision is significant because Judge Donato has ruled California must recognize the right of people who live outside of California to exercise their Second Amendment rights inside of California. Donato ruled non-violent felonies are not sufficient to deny someone their Second Amendment rights, especially if they occurred decades ago, and the person has been a "law abiding citizen" since then. California must take the legal actions of other states into account when determining if a persons Second Amendment rights can be taken away. 

Judge Donato did not consider the Full Faith and Credit Clause, and the right to travel. Those issues are percolating just below the surface of Second Amendment federal cases. It is difficult to see how one state can nullify the Second Amendment for people who travel to that state from other states.  One state court, in Massachusetts, ruled a Massachusetts law cannot invalidate the Second Amendment rights of individuals from another state. The case was not appealed, and so is not available as precedent in Massachusetts. The Supreme Court has ruled the Second Amendment is not a second class right.  The right of people from outside a state to exercise Second Amendment rights inside a state will eventually be before federal courts.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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PA: Man Attacks two Homeowners, is shot, wounded

Harris attacked two people when confronted by the building's occupants, prompting one of them to shoot him in the leg, police said.

According to police, Harris fled the scene and was soon found by Reading Police. He is charged with criminal trespass and assault-related offenses, police said.

"We're very happy that none of the homeowners were injured during this altercation. It's definitely very scary to have someone that you don't know coming into your home," Pentheny continued to say.

More Here

LA: Victims Diarm Robbery Suspect, who Runs Away

The New Orleans Police Department reported three men and a woman were walking in the 1200 block of Bourbon Street around 2:12 a.m. when another man approached them, pulled out a gun and asked for their property.

NOPD officials said the victims fought the man for the gun, got control of it and told him to leave.

According to police, the suspect then ran from the scene.

More Here

Saturday, March 09, 2024

Legacy Double Nine leads to Sidekick at Diamondback




Image from Diamondback advertising

At the 2024 SHOT Show industry day at the range, this correspondent stopped at the Diamondback Firearms booth. Unfortunately, they did not have any examples of their new .22 revolver, the Sidekick, available. This lead to a discussion of how the Sidekick, which strongly resembles the old Hi-Standard Double Nine revolver, was brought into production. 

Jimmy Stroda was director of product development at Diamondback firearms. He related the story to this correspondent. Diamondback had been looking at product sales in the United States. It is clear .22 caliber single action revolvers have a very large market share, as seen by the numbers of Heritage arms revolvers which are sold every year. Diamondback management believed they could capture part of this market. They started to make plans to produce a .22 single action revolver. Then Ruger entered the inexpensive end of the market with the Wrangler series of revolvers. Diamondback was re-considering its options.

Jimmy had a legacy Hi-Standard Double Nine revolver he had inherited from his grandfather. He thought highly of the handgun. The Double Nine is a nine shot, double action revolver styled to look and handle much like a Colt single action revolver. It fires both double and single action. It has a side swing out cylinder, and ejects all nine cartridges at once. It has the advantages single action style with double action mechanics and ease of loading and unloading. It can be supplied with a magnum cylinder to give more versatility to the handgun.

 

Image by permission of Rock Island Auctions

The owner of Diamondback, was considering the idea of manufacturing a double action .22 revolver. Jimmy put forward the idea  of re-creating a modern version of the Hi-Standard Double Nine. Another member of the management team piped up. He had one of the legacy Double Nine revolvers and thought it was a great gun. Diamondback decided to move forward with a new version of the Hi-Standard. During the development, they contacted previous Hi-Standard management. Any patents were long out of date. The previous management was very helpful, suggesting areas where Hi-Standard had problems, and how they had been solved. Jimmy has since moved to Diamondback Knifeworks.

The Sidekick uses a zinc alloy casting for the frame. The Hi-Standard Double Nine used an aluminum casting for the frame. Diamondback has strong experience with both zinc and aluminum casting. Zinc frames result in a revolver with a weight closer to the original Colt single action. The Heritage revolvers use a similar material in their frames.  The Ruger Wrangler uses an aluminum casting, the Super Wrangler has a steel frame.

The Double Nine was offered in a variety of colors and finishes. The Sidekick is offered in a variety of ceracote colors. There are advantages to .22 rimfire revolvers, which make them competitive with .22 semi-automatic handguns. This correspondent has owned several of the Hi-Standard Sentinel .22 revolvers. The Double Nine is a variant of the Sentinel design.  The Diamondback team is always working on improvements. This correspondent expects the Sidekick to maintain and build on the legacy of the Hi-Standard Double Nine. 

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


IN: Homeowner Shoots Suspect who reached into Pocket

INDIANAPOLIS — An attempted home break-in led to a man being shot and wounded on Indy’s near east side.

Just after 5 a.m. Tuesday on Forest Avenue, police were called following a confrontation between a homeowner and a would-be thief that turned violent.

The homeowner admitted he shot the suspect, who was trying to steal his generator.

“As I confront him about my generator, he goes into his pocket like he’s about to pull a weapon, and I shot him in the leg to make him stop,” said Alfred Burdine.

More Here

GA: Man Attempts to Break in, Is Shot at, Falls Three Stories

Police say the officer, who was home and off-duty at the time, grabbed a gun and fired toward the man.

The suspect was not hit, but police say he suffered non-life threatening injuries after he fell three floors to the ground.

The names of the suspect and the officer have not been released.

 

More Here

TX: San Antonio Homeowner Shoots, Kills Suspected Car Theif

SAN ANTONIO - The suspected car thief who was shot by a vehicle owner on Tuesday has been identified.

The victim has been identified as 37-year-old Juan Castaneda, who was shot by a homeowner early Tuesday while allegedly breaking into their car.

Police responded to a call around 3:50 a.m. Tuesday to a home on Micron Drive, near Culebra on the city’s West Side, where a homeowner reported having shot Castaneda.

More Here

Friday, March 08, 2024

Montana Gun Free School Zone Case: Pain of the Process, Court Rulings

Vivian and Gabriel's modest home in Billings, Montana

In the ongoing Gun Free School Zone Act (GFSZ) case in Billings, Montana, the trial date is currently set for March 25, 2024. The process is a long and difficult one for Gabriel Metcalf and his Mother, Vivian. Because this is a criminal, not a civil, case. Gabriel's freedom is at risk. The current judge,  Federal District Judge, Susan P. Watters has ruled the GFSZ to be constitutional, and the Montana Establishment of Individual Licensure law is not sufficient to be an exception to the GFSZ.

Going through the process in a challenge to the constitutionality of a criminal charge is much more difficult and punishing than challenging the law through a civil lawsuit. Typically, in a civil lawsuit, the risk of those bringing the case is to their finances. If they lose, they will lose the money they have put into the case. Federal civil rights cases are expensive. However, if you win, you are likely to have your legal fees paid by the government.  When you are charged with a crime, and challenge it on constitutional grounds, your freedom and assets are both at risk. If you lose, you can be imprisoned and fined.

In the Gabriel Metcalf GFSZ case, Judge Susan P. Watters cut off appeals until the case is decided, by ruling the law to be constitutional. An appeal will only be possible if Gabriel is found guilty. He will have to undergo a trial, and be found to be guilty, before an appeal of the law to a higher court is possible.  In a civil case, the case can be stayed pending an appeal. It is this correspondent's understanding this is not allowed in a criminal case, once the trial judge has ruled the law is valid.

There is a possibility the serving of the sentence could be stayed until the appeal process is completed. This is sometimes granted if the sentence is likely to be finished before the appeal is adjudicated.

In this case, the prosecution has asked for a ban on constitutional arguments before the jury, because the judge has already ruled the law to be constitutionally valid. This request was granted by the judge. This is common in such cases. The prosecution also asked that a defense based on a belief the action was not criminal because of local law (entrapment by estopel) be banned. Judge Watters did not grant the request at this time, reserving her power to do so at a later time.

On the defense side, Gabriel Metcalf's federal defender, Russel Hart, filed a motion to  preclude the prosecution from alluding to Metcalf's mental health. The Government had previously smeared Metcalf with assertions by officers and in the media that Metcalf was acting irrationally.  Hart claimed such opinions were predjudicial, unsupported, and irrelevant to the case.

Judge Watters granted the request.

Outside of court, the ATF has denied Gabriel's mother, Vivian's petition to stop the forfeiture action of the Rossi single shot shotgun which was seized when a search warrant was served on the home of Vivian and Gabriel. Neither Vivian or Gabriel has been convicted of a crime.

This is a criminal forfeiture case under 18 U.S.C. 924 (d).  This is not a civil forfeiture action. According to 18 U.S. Code § 924 (d), if the owner of the firearm is acquitted, the firearm will be returned to the owner. From the code:

Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law.  Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.

Gabriel's mother, Vivian, has set up a GiveSendGo account to aid in the defense of Vivian and Gabriel's modest home, and to meet expenses during the ongoing legal battles.  As part of the legal struggles, they have been successful in having Gabriel released from the county jail and in having a GPS ankle bracelet removed.

There is enormous stress in such a situation, where Gabriel believes, quite reasonably, he did nothing wrong, but now faces up to ten years in prison.  The punishment by process continues.


©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TN: Memphis Gunfight, Attempted Robbery Suspect and Victim both Wounded

He was able to speak and stated that the other teen was attempting to rob him of his gun and money.

He said that the other injured teen approached him and began to pat him down on his pockets and waistband area stating “run me your pockets” (a colloquial phrase for give me your belongings).

The teen robber was armed with a gun while attempting to rob the teen victim.

Both teens fired shots at one another causing severe injury

More Here

NC: Stateville Home Intruder Shot and Wounded

Investigators revealed that Connor “unlawfully” entered the victim’s home whose seven-year-old son was also present at the time.

The victim reportedly gave Connor multiple requests to leave. Connor persisted and physically assaulted the victim who then discharged a firearm that struck Connor.


More Here

Thursday, March 07, 2024

KY: Bizzarre Bill to Destroy Resources for Irrational Purposes

 

Some guns auctioned off by KSP in 2022

 

A bill before the Kentucky legislature aims to roll back a reform of firearms law enacted to preserve resources for the benefit of the public.

In the year 2000, on July 14, a Kentucky gun law reform bill became effective. The bill prevented departments from destroying valuable property. It required police departments to send the property to the Kentucky State Police (KSP) to be auctioned to firearm dealers instead of being destroyed.

The funds obtained by the auction are used to help make police departments more effective. Since the year 2000, about 20 million dollars of revenue has been generated by the program. As more people own more guns, more guns are confiscated. In 2022, $1.1 million dollars were generated by the program, according to Fox56news. The average revenue generated in the last five years is 1.09 million dollars per year, based on KSP records obtained by AmmoLand, and a report by wdky of Lexington of 6555 guns seized in 2023.

All of the auctioned firearms are placed in the ordinary channels of commercial sales. They are subject to all the restrictions and limitations places on the sale of new firearms. From a previous AmmoLand article:

Basic economics apply: At any given time, the demand for a product can be satisfied by a new product, product obtained on the used market, or a combination of both new and used products. It is also possible for consumers to be manufacturers and make their own products.

The more used firearms are sold, the more demand for new firearms is reduced. The practical effect of selling confiscated and surrendered firearms is to reduce the profit of firearms manufacturers while satisfying the demand created by those seeking legal firearms.

The proposed bill, SB 178, would require KSP to destroy firearms used in a violent crime.  From legislature.ky.gov:

Subject to the duty to return confiscated firearms to innocent owners pursuant to KRS 500.090, all firearms confiscated by the Department of Kentucky 5State Police and not retained for official use pursuant to KRS 500.090 may  [shall] be destroyed or sold at public auction to federally licensed firearms dealers holding a license appropriate for the type of firearm sold, but if the firearm was used in the commission of an offense that would classify a person as a violent offender under KRS 439.3401, then the firearm shall be destroyed.

The effect of the law would be much broader. The law is specifically changed to allow the destruction of firearms, with may be destroyed substituted for shall be sold. The incentives created by this bill are perverse. How is anyone to know what firearms are "used" with what crimes? There is no requirement for a tracking system to track firearms with particular crimes. If such a system is created, the cost of maintaining it defeats much of the benefit of selling the firearms. If a local police department claims all of its guns are "associated" with such crimes, who is going to investigate them? The Louisville Police department is already attempting to defeat the purpose of the required firearms auctions.

What are the benefits of the bill? Here are the emotional claims. From whas11.com:

But for grieving families like Trabue's, the only thing that matters, is preventing more loss and heartbreak.

"I want this to be where these guns are not back out in the streets killing someone else and then destroying someone else's family," Trabue said.

Those claims are objectively false. The firearms are put into normal commercial channels of commerce. They are subject to the same controls as new guns. If they are not available, plenty of new guns are available. If a person cannot obtain a used gun, they need only buy a new gun instead. The idea of destroying used guns, instead of selling them, to prevent crime, is absurd. The absurdity is shown in the second sentence. Guns do not kill people. Guns do not have volition. A particular gun is no more likely to be used to kill someone than another gun of similar function and caliber.

The objective result of the bill would be to enrich gun manufacturers at the expense of the citizens of Kentucky.

Analysis:

The purpose of the bill is to reinforce a bizarre view of reality: Guns are bad. Destroying guns is good. The view, in a society where the legal selling of guns is protected by the foundational legal document (the Constitution) is delusional. Destroy one gun, and another is easily made and sold.  Destroying guns only makes sense if there is a limited supply of guns. In reality, the supply of guns is unlimited. The reason to destroy a gun in this scenario is to propagate the ideology "guns are bad". Such irrational ideology should be rejected and opposed at all levels of society.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 


GA: Home Invasion Gunfight, Resident and Invader both Wounded

On March 4, 2024, at approximately 0049hrs, Zone 4 Units responded to a persons shot call at 379 Atwood St SW. Upon arriving on the scene, officers located two adult males, who sustained multiple gunshot wounds. The adult males were transported to the hospital by ambulance. Preliminary investigation indicates the shooting occurred during an altercation where gunfire was exchanged between the victim and the suspect.  Investigators responded to the scene to determine the circumstances surrounding the incident. The suspect was charged with: Home Invasion (O.C.G.A  16-7-5), (3) counts of Aggravated Assault (O.C.G.A.16-5-20), Possession of a firearm during the commission of a felony (O.C.G.A 16-11-106), Possession of a firearm by a convicted felon (O.C.G.A.16-11-131) and Theft by receiving stolen property (O.C.G.A 16-8-7). The investigation continues.

More Here

OR: Mistaken Location Shooting? Resident Shoots Intruder

EPD reports that the previous intruder punched Travis Parker, knocking him to the ground, with Parker subsequently shooting the man.

According to EPD, a bystander intervened and was able to get the gun from Parker. The two involved men did not know each other.

Eugene Police and Eugene Springfield Fire (ESF) responded. ESF transported the 62-year-old victim to a local hospital, for treatment of non-life-threatening injuries.

More Here

MO: St. Louis, Gunfight at QT, Suspect Killed Security Guard Wounded

ST. LOUIS, Mo. (First Alert 4) - A deadly shooting at QuikTrip (QT) left a man dead and a security officer injured early Monday morning.

The shooting happened around midnight inside the QuikTrip in the 4100 block of Gravois Avenue.

Officials said Malcom Weaver, Jr., 30, whom they identified as the suspect, died after being shot in the head. The store’s security guard was shot in the leg and was taken to the hospital.

More Here

Tuesday, March 05, 2024

CA: Ninth Circuit, Benitez, Bruen, Ban on Billies - Court Corrects an Expert


Early 20th Century police batons in Edingburg Police Centre Museum by Kim Traynor CC BY-SA 3.0, cropped and scaled by Dean Weingarten


In September of 2019, four and a half years ago, Russell Fouts and Tan Miguel Tolentino filed a lawsuit challenging California's complete ban on the "manufacture, import into the state, keep for sale, or sale, loan, and possession of billies". "Billies" are not explicitly defined, but are, essentially, any short club, and are considered to be synonymous with batons.

On September 22, 2021, two years later, Judge Roger Benitez found the ban to meet the requirements of the law as determined by the Ninth Circuit precedent. This was nine months before the Bruen decision clarified the standards to be used in determining the bounds of the Second Amendment. Bruen showed the Ninth Circuit precedent, as applied to the Second Amendment, was in error.

The case was appealed to the Ninth Circuit. After the Supreme Court decision in Bruen, the Ninth Circuit vacated the September 22, 2021 judgement and remanded the case back to Judge Roger Benitez at the district court. After re-hearing the case, with the previous precedent nullified, Judge Benitez issued summary judgement for the Plaintiffs, holding billies were clearly arms protected by the Second Amendment. The judgement was issued on February 23, 2024.  This judgement nullified the California ban on billies.  A similar ban on billies was nullified in Hawaii on May 23, 2023.  AmmoLand's Editor in Chief, F Rhiehl ,has published an article about the the ruling.

In the quotes from the decision shown below, numbers which seen to be inserted randomly, refer to footnotes which are not included here.

In the decision Judge Roger Benitez, in careful, lawyerly language, reprimands the State of California and Professor Spitzer, the state expert, for misstating the findings of historical research. From the decision, page 17:

Only seven states in the 1800s had billy restrictions. So, why does the State and its expert witness say fourteen states had “anti-billy club laws” in the 1800s? 46 The sentence is inaccurate. The assertion is misleading. And it is important. By giving the impression that fourteen states had adopted anti-billy laws in the 1800s, the State implies that state laws were numerous enough to represent a historical tradition. A different story is told by the State’s own list of laws. A different story is told by the expert’s own data. The problem with the “fourteen states” claim is that there were actually half that. Where does one find these other so -called state laws? It is a bit of rhetorical legerdemain. Beyond the seven already discussed, there were no other state-wide anti-billy laws in the 1800s. However, there were municipal ordinances in mostly very small cities. Consequently, when the State’s expert says, “[f]ourteen states enacted such [billy] laws in the 1800s,”47 it is more accurate to say that there were seven state laws and seven city ordinances.

"The sentence is inaccurate. The assertion is misleading. And it is important.

Issued from a judge to California's attorneys and Professor Spitzer,  the statement is a severe slap-down. Judges do not like to be lied to. Expert witnesses have witness immunity from civil lawsuit. Perjury charges are are seldom issued in an area where the expert may claim a difference of interpretation.  It is unusual for a judge to notice and comment on such error. However, this is Judge Benitez. He has become expert on the history of Second Amendment related statutes from the time because of the numerous cases he has presided over.  He does his homework.

Another slap-down happens on page 19. Professor Spitzer makes another claim which Judge Benitez corrects. From page 19:

Here is another example of the State’s departure from precision in its briefing. The State writes: Defendant identified several state laws, in addition to the municipal regulations that banned possession of billy clubs.See Dkt. 60-1 at [74] (1866 New York law), [136] (1881 llinois law), [160] (1885 New York law); see also Dkt. 60-2 at [230] (1911 New York law), [233] (1913 New York law), [234] (1915 North Dakota law), [236, 237] (1917 California laws).53The parties may read this discussion as overly-pedantic. But for this case, it is important to know if there are historical state laws that banned possession of a billy club like California Penal Code § 22210 bans possession of a billy club. Unfortunately, the examples cited are not simple possession bans. The State cites the 1866 New York law54[74], but that statute did not prohibit simple possession. The New York law prohibited concealing or furtively possessing a billy while using, attempting to use, or intending to use a billy against another person. Next, the State cites an 1881 Illinois law55 [136], but that statute did not mention a billy. Three more iterations of New York’s law (1885 [160], 1911 [230], 1913 [233]) are listed next,56 but like the predecessor statute, these versions still regulated using and concealing as opposed to simple possession of a billy. Finishing up the list of examples given by the State, is a 1915 North Dakota law57 [234]. However, the North Dakota law applied to concealing, rather than simple possession, and expressly permitted possession “ to effect a lawful and legitimate purpose.”58 To sum up, based on the State’s own excerpts of historical statutes (provided by State expert Professor Spitzer and attached to his declaration), of the seven state laws the State claims “banned the possession of billy clubs,” only one did—California’s own 1917 statute.59

 "To sum up, based on the State’s own excerpts of historical statutes (provided by State expert Professor Spitzer and attached to his declaration), of the seven state laws the State claims “banned the possession of billy clubs,” only one did—California’s own 1917 statute."

The rebuke has to sting. It is not surprising Judge Benitez arrives at a clear conclusion, granting summary judgment to the plaintiffs. From page 24:

III. CONCLUSION

The Second Amendment protects a citizen’s right to defend one’s self with dangerous and lethal firearms. But not everybody wants to carry a firearm for self-defense. Some prefer less-lethal weapons. A billy is a less-lethal weapon that may be used for self-defense. It is a simple weapon that most anybody between the ages of eight and eighty can fashion from a wooden stick, or a clothes pole, or a dowel rod. One can easily imagine countless citizens carrying these weapons on daily walks and hikes to defend themselves against attacks by humans or animals. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear arms like the billy for lawful purposes. In early America and today, the Second Amendment right of self-preservation permits a citizen to “‘repel force by force’ when ‘the intervention of society in his behalf, may be too late to prevent that injury.’”66 The Founders of our country anticipated that as our nation matured circumstances might make the previous recognition of rights undesirable or inadequate. For that event, the Founders provided a built-in vehicle by which the Constitution could be amended, but a single state, no matter how well intended, may not do so, and neither can this court.

Here is the order from the Clerk of Court. It is a summary judgement. It is final unless overturned by an appeals court. From the Clerk of Court:

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS HEREBY ORDERED AND ADJUDGED:

Summary judgment is entered for Plaintiffs. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing California Penal Code § 22210 as it applies to a billy. Case is closed.

The Defendant(s) (generally the State of California) is appealing the case to the Court of Appeals for the Ninth Circuit.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

 

NC: Gunfight during Mebane Home Invasion, 1 victim Killed, 1 Suspect Wounded


Shortly before 1 a.m., deputies with the Orange County Sheriff’s Office were called to a reported home invasion in Mebane. Once they arrived, deputies found two people inside the home, as well as a victim suffering from a gunshot wound.

Deputies and emergency medical personnel rendered aid and transported the victim — identified as Jerry Lee Driggers, 58 — to Duke University Hospital where he died while in surgery. The other residents at the home told deputies they were held at gunpoint, but were not physically harmed.

According to the sheriff’s office, the preliminary investigation revealed Driggers fired a shotgun at three alleged intruders, who were reportedly armed as well. One of those individuals was struck, deputies determined. They also allege that someone in the group returned fire, hitting Driggers.

More Here 

AR: Gunfight at Springdale Apartment, 1 Suspect Shot, 3 Arrested

Springdale police responded to a gunshots call about 10:21 p.m. Saturday at 770 S. 40th St. The initial investigation revealed a disturbance had occurred involving several people, according to a Springdale Police Department news release. Gunshots were exchanged during the incident.

Responding officers found shell casings, a sword and an apartment that had been shot up.

Witnesses told police a firearm was discharged at the apartment. One of the subjects had bullet holes in his hat and sweatshirt but was uninjured, according to the news release.

Another subject at the apartment discharged a shotgun in self defense, according to police. The shotgun round struck a male subject in the parking lot who suffered non-life-threatening injuries and was treated at a local hospital.


More Here

Monday, March 04, 2024

Conversations with Brandon Maddox, #1 : How Silencer Central Came to be

Brandon Maddox at Silencer Central, 2024 

Brandon Maddox and Silencer Central is an American success story. Brandon went from a Federal Firearms License  (FFL) in his home to the largest silencer dealer in the USA. Today, Brandon's companies dominate the silencer/suppressor market, regulated under the National Firearms Act (NFA).

This correspondent met Brandon Maddox at the 2024 SHOT Show. Brandon had read several AmmoLand articles, recognized this writer, and started a conversation. Brandon graciously agreed to be interviewed. This is the first in a series of articles resulting from several interviews.

Brandon was born in Alabama. His father spent a tour in the Army after a Reserve Officer Training Corps (ROTC) commission. Brandon was born in a Fort Rucker, Alabama hospital in 1972. Both sides of his family were born and raised in Alabama. His first shooting experience was on his uncle's farm with his uncle's .410. Brandon was eleven years old. They were looking for squirrels, and Brandon saw a snake going across his uncle's pond, and his uncle said "shoot it", so he did. He was hooked on guns and hunting.

He spent eleven years in Atlanta, Georgia when the family moved. Then they moved to a rural county in North Carolina.

Every summer he would stay with his grandfather in Alabama and spend quite a bit of time shooting Marlin .22 rifles, plinking and hunting local varmints.

He graduated at the top of his high school class of about 120 graduating seniors. This set a pattern for Brandon: Top of his class, top salesman, top sales manager, president of volunteer organizations. He met his wife at a pharmacy convention in DC. She is also a pharmacist. She is from South Dakota. His father-in-law, mother-in-law and father are also pharmacists.

In 2005, Brandon and his family moved to South Dakota to be closer to her family, as they were starting their own family. Today they have two daughters in high school. Brandon maintains pharmacy licenses in North Carolina, Florida, and South Dakota.

In South Dakota, Brandon found his wife's family were passionate about  firearms and hunting. Much of the hunting in South Dakota was for pheasants and varmints, such as prairie dogs and coyotes. Brandon became a passionate South Dakota varmint hunter.  He quickly learned prairie dogs don't keep showing themselves after a few gunshots take out their neighbors. Always working for improvement, he saw a suppressor displayed at a gun show. He thought it might help. He went through all the complicated paperwork to purchase a suppressor. It worked so well, he ran out of ammunition the first time he used it.  The process to obtain the suppressor was laborious and Byzantine. To streamline things, he obtained an FFL and a Special Occupational Tax (SOT) to deal, make, and sell silencers, so he wouldn't have to wait so long.  The forerunners of FFL123 and Silencer Central were established as Limited Liability Companies in late 2005, as he was applying to obtain the FFL and the SOT. The cost of the FFL with an SOT was over a thousand dollars a year.  He decided he had to sell some silencers to justify the cost of the license. His expertise in sales and marketing came into play.  Brandon's extremely successful sales career was foundational to the success of Silencer Central.

Brandon began selling silencers on the South Dakota gun show circuit. It was a part time affair, while he continued a stellar career in management of pharmaceutical sales. On the gun show circuit, he concentrated on learning about his customers, what they wanted and needed. Most silencer customers in South Dakota were hunters. The silencer market at the time was oriented toward a "tactical" image. 95% of the people encountered at gun shows thought silencers were illegal.

FFL123 was becoming a success at teaching people how to obtain an FFL from home. South Dakota Silencer (then Dakota Silencers) was gaining customers in South Dakota. Brandon was looking to expand his NFA business to North Dakota. Brandon believes a disgruntled employee in the pharmaceutical sales side contacted the corporate HQ in New Jersey. They were told: Do you know Brandon is selling silencers on the side?

Brandon was fired in 2009, as a "reputational risk".  His wife was not happy. He had just lost "the best job in South Dakota!" They had two young children. He was the number one sales manager in the company when he was fired. As a talented and proven manager and salesman, Brandon was quickly offered jobs in pharmaceutical sales and management.  He turned down a job which was better than his previous job. His wife lost it. She demanded he provide for the family. Brandon told his wife:

The feedback from my attorney is: You have to pick one or the other.  Either you do firearms or you do pharmaceuticals. All the pharmaceutical companies are pretty much based out of the North East, which are anti-firearms. You are not going to be able to do both. It will come back and bite you. You have to pick one and move forward.

Brandon picked the gun culture and NFA sales.  From Brandon:

In my mind, I said Obama is in office. If I can't make a firearms business work with Obama in office, I have bigger problems.

To transition, Brandon took a job managing a mail order pharmacy distribution company in Sioux Falls with the proviso: only 40 hours a week. Later, it was renegotiated to 20 hours, then none.

As Brandon was in the process of adding North Dakota to his silencer territory, he realized much of what he read about NFA regulation was confusing and contradictory. He hired a retired Alcohol Tobacco and Firearms (ATF) manager, Wally Nelson,  who worked for the National Shooting Sports Foundation (NSSF), to come to Sioux Falls and look at his operation. He wanted Wally to show him how to avoid problems and help his customers.  From Brandon:

"He (Nelson) did a magnificent  job of scaring the hell out of me, basically saying:

Nelson:  You are going to be in an orange jumpsuit if you don't figure out this bushiness. You can't rely on ATF to tell you how to run it and you can't rely on what you read which was written in the '30s. You just got to immerse yourself in this because you are not going to be able to grow your business and take it to the next level and continue to stay compliant where you are at without some more insight.

Brandon: So it created a sort of life learning. I want to know everything I can about NFA compliance. So if there is an ATF Meeting where ATF is at, and they are talking about NFA, I am officially on the front row. I take notes and my goal is to learn to think like them, because sometimes, I think it is open to their interpretation. Whether we like it or not, they kind of have a monopoly on interpreting the rules."

Brandon took it to the next level... and the next until Silencer Central now has FFL licenses in all 42 states where silencers are legal. Silencer Central will take care of you and make sure you are compliant as they do all the work, then mail the silencer to your door. Silencer Central and Brandon's corollary businesses such as FFL123 and Banish Silencers dominate the silencer market. Brandon says they are selling more than one third of the silencers made in the USA, over 150,000 silencers in 2023.

Brandon believes the NFA will be gone in 10 years, at least for silencers/suppressors. More in the next installment.

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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