Wednesday, June 07, 2017
FL: Restaurant Worker Shoots Man in Self Defense
NEW PORT RICHEY — A restaurant kitchen worker shot and injured a man who entered the business and began beating him Saturday, according to New Port Richey Police.
More Here
NY: "Warning Shot" may have hit Burglary Suspect
A River Road resident yesterday afternoon reported someone had broken into his shed and stole tools, according to Riverhead Town Police. A police report was filed documenting the incident. Then just before 10 p.m. last night, the resident called police again to report that a man was burglarizing the shed. Upon police arrival, the owner of the residence reported that he went outside with a shotgun and fired a warning shot at the burglar, according to the police report. The burglar fled and he followed the subject to the Calverton Hills area of Calverton, the homeowner told police.
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AL: Gunfight, Suspect Killed, Victim Wounded, no Charges
No charges are being filed after an alleged robbery attempt led to a fatal shooting in Selma.
Police in the west Alabama city say a man and a woman arriving at home late Wednesday were confronted by an armed man as they exited their car.
Authorities say the male victim was shot during the robbery attempt. But he also reached for his own gun and shot the would-be robber.
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TX: Robbery Suspect Shot and Killed
Neighbors say the suspects were beating up an elderly man with the stolen shotgun when someone else in the second home shot and killed one of the suspects.
The other suspect is in custody undergoing questioning, according to the Harris County Sheriff's Office.
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Tuesday, June 06, 2017
Bella Twin, the .22 used to take the 1953 World Record Grizzly, and More
On 10 May, 1953, Bella Twin was hunting small game with her partner, Dave Auger, along an oil exploration cutline south of Slave Lake. She was 63 years old. They saw a large grizzly bear coming toward them. Wishing to avoid an encounter, they hid off the side of the cut.
But the bear kept coming closer and closer. The bear got so close that Bella Twin thought it less risky to shoot the bear than to not shoot it. It was probably only a few yards away. Some accounts say 30 feet. Perhaps she saw it stop and start to sniff, as if it had caught their scent. We may never know. She shot at the side of the bears head. Knowing animal anatomy very well (she was an experienced trapper, and had skinned hundreds, perhaps thousands of animals) she knew exactly where to aim to penetrate the skull at its weakest point.
She shot, the bear dropped. It was huge. She went to the bear and fired the rest of the .22 long cartridges that she had, loading the single shot rifle repeatedly, to "pay the insurance" as Peter Hathaway Capstick said. She made sure the bear was dead, and not just stunned. My father taught me the same lesson when I was 13.
Here is a picture of the bear's skull and the .22 caliber holes in the left side.
For those curious about how to place that shot on a live bear, the place to aim is half way on a line from the center of the eye to the ear hole.
From the front, you would aim directly up the nose. If the bear's mouth is open, aim for the back of the roof of the mouth. Aiming above the nose will likely miss the brain.
What rifle did Bella use to shoot the world record grizzly in 1953?
I wrote an article asking for help in 2014. Several alert readers replied over the intervening period. Because of their efforts, and the Internets, I have been able to find more detail about Bella Twin, her rifle, and the event. One reader was able to track down the current location of the rifle and send me pictures taken by the curator of the museum. The rifle is a Cooey Ace 1 single shot .22 rimfire.
Bella Twin used the rifle for many years on her trapline. The rifle was produced between 1929 and 1934. From a commenter at Ammoland:
here is a quote from the curator of the museum about the gun when i talked to him via email:
” I can tell you that the rifle is a .22 caliber single shot Cooey Ace 1. I can also tell you that the rifle’s condition, which has remained as it was when Bella Twin shot the bear, leaves a lot to be desired. There is corrosion on the receiver and barrel, the front screw that holds the stock to the barrel is missing and has been replaced with hockey tape. There is a piece of rubber under the barrel – probably as a method of “free floating” the barrel. There is no finish left on the wood. The stock is missing a part by the receiver and there is a wood screw reinforcing a crack in the stock.”
Bella Twin was a Cree woman. She had a reputation for being a deadly shot. Her grandson, Larry Loyie became an award winning writer. He wrote a fictionalized account of the bear shooting to include his grandmother in his prize winning children's book, As Long as the Rivers Flow. From smokyriverexspress.com:
Kokom Bella Twin is a highlight of the adventures in As Long as the Rivers Flow. The tiny 63-year-old Cree wo- man, who lived on Rabbit Hill overlooking Slave Lake, shot the biggest grizzly bear in North America.In As Long as the Rivers Flow, Larry wrote that he was with his grandmother when she shot the bear. It made sense to put the story into the book, but Larry was not with his grandmother when she shot the bear. In 1953, Larry had been gone from Slave Lake for five years. I suspect his grandfather, Edward Twin, had died. Bella was 63 and was spending time with another man. Larry refers to Dave Auger as Bella's partner in a family picture. Dave Auger was with Bella when she shot the bear.
“I had to put Bella into the book. She was being forgotten. The only people who remembered her were readers of hunting magazines,” said Larry.
Bella Twin and her partner Dave Auger, family photo by Larry Loyie. The photo was likely taken in the 1960's or later, because it is in color.
In Bruno Engler: Photography, the famous photographer has pictures of Bella in front of the bear skin. When Bruno told her that he wanted to take the picture, she insisted on going home and sprucing up, and changing into nicer clothes. Engler writes:
She was dressed very simply. When she thought I was going to take a picture of her she said "No, I have to go home first." And she came back with a dress and put some cornstarch on her face for makeup. I said "Bella Twin, you looked much better before."Women want to look their best in a photograph that will be shown to the world. This explains the somewhat awkward grip on the Cooey Ace 1 in the Engler photograph. Her left hand covers up the repair to the rifle.
What ammunition did Bella Twin use? The written accounts say .22 Long.
This style of box was produced by CIL in Canada from 1950 to 1956. It is probably the type of ammunition Bella Twin used to shoot the world record grizzly. Bella Twin is specifically recorded as reporting that she shot it with .22 Longs, not Shorts, not Long Rifles. I recall that into the 1960's Longs were more expensive than shorts, but cheaper than Long Rifle ammunition.
The High Velocity .22 Long dates back to the 1930's and uses a 29 grain bullet at 1240 fps. The High Velocity .22 Short dates to about the same period, with the same bullet as the Long, but a velocity of 1125. The difference in velocity is 1240 - 1125 or 115 fps. That amounts to a 21% increase in energy for the Long, but far short of the Long Rifle, which is almost double that of the .22 Short.
The energy figures are listed as Short 81 foot pounds, Long 99 foot pounds, and Long Rifle 158 foot pounds, all for High Velocity loads of the period. A standard velocity .22 Long Rifle is listed at 1140 fps, with 120 foot pounds of energy, or 21% more than the High Velocity Long. The modern CCI standard velocity .22 Long Rifle travels at 1070 fps, with 102 foot pounds of energy, still 3% more than the High Velocity Long.
What was the location where the bear was shot? During my research, I came across a photo of the right side of the bear's skull. The right side has the location where the bear was shot written on it. The bear was shot in Section 24, Township 71, Range 6, W 5th Meridian. That is a section of land about 7 1/2 miles south of Slave Lake. The bear was likely shot just west of Florida Lake. A section is one mile square.
In Larry Loyie's obituary in the Smoky River Express, Bella Twin is described as a tiny woman. This photograph suggest that she was under five feet tall.
We know the date the bear was shot, because it is recorded on the top of the skull. Most written accounts only say it was the spring of 1953. It was on May 10th of that year.
Bella Twin was only a name for most of the time I knew of her. I wondered about this famous huntress for many years. Now we know that she was an expert trapper, hunter, and a crack shot. She was a beloved grandmother who taught her grandchildren well and knew the Cree traditional folkways. She lost one man and found another. She was shrewd enough to parlay the world record grizzly into cash. She sold the skin and skull separately, and sold the old, beat up rifle as well.
Bella Twin, I salute you. I would have liked to know you. Born in the Canadian wilderness in 1890, your life stretched between worlds.
May your memory and deeds live long, told around many campfires. I will tell my grandchildren about you.
Readers who know more about Bella Twin, please share your stories.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
OK: Neighbor Shoots Father who was drowning Infants
Bratcher said the neighbor told police he went to the home armed with a handgun and shot Foster twice after seeing him holding the infants under water in a bathtub while threatening the children's mother with a knife.
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Sunday, June 04, 2017
TX: Son Shoots, Kills, Home Invader who beat Father, Threatened Mother
The son of the victim said that the suspect entered the home with shotgun and a pistol. He shoved the father and mother, and beat the father with the shotgun.
The son added that the couple’s other son shot and killed the intruder.
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Robber Shoots Self in Leg
The robbers rummaged through the house for almost an hour after tying up the man with computer cables and electrical tape. At one point, the victim said, he was attacked.
“I told them I don’t have anything, and I got hit in the head with the butt of a shotgun,” he said. “I was told, ‘Don’t look at me! Shut up and look at the floor!’”
Police said the robbers weren’t exactly the smartest criminals they’ve ever seen, calling the whole job “sloppy.”
“Especially to shoot yourself in the leg,” laughed Officer William Pollock. “We were here in two to three minutes.”
More Here
Review of "The Discovery and Conquest of Mexico" by Bernal Diaz
The American edition, published in 1956, 468 pages, Translated by A.P. Maudsley
The Diaz account is the best history book that I have read. It has all the advantage of a first person account and reads like a well written adventure novel.
The Discovery and Conquest of Mexico by Bernal Diaz del Castillo is the only extant first person account of the campaign under the command of Hernando Cortez from 1519 to 1520. The campaign resulted in the discovery and conquest of the Aztec civilization in Mexico. Cortez himself wrote five long letters to Carlos V in Spain. Parts of them are included in this edition to help explain the narrative. But Cortez' letters were essentially reports of a Conquistador commander seeking favor, and explaining his actions, which were mostly extralegal.
The entire Conquest was a massive verification of the adage that "It is easier to obtain forgiveness than permission."
Bernal Diaz' account is a first person narrative of the entire campaign, with the amazing detail of a foot soldier who is vitally interested in food, women, weapons, and gold. He includes accounts of two separate expeditions before Cortez.
Bernal Diaz made extensive remarks on the use of firearms in his narrative. The initial numbers were tiny, but contributed significantly to the success of the conquest. Of the initial 400 to 500 men under the command of Cortez, there were 16 with horses, 13 with individual guns, four small cannon, "some brass guns" (more cannon), and 32 crossbowmen. The 13 personal guns were almost certainly arquebuses, the first really practical personal gun, with early matchlocks. Diaz mentions "much powder and ball".
Diaz rated the crossbowmen and the "musketeers" about equal in effectiveness. The cannon were extremely effective both as destructive weapons and for their psychological effect. It is hard for modern man to realize how quiet the world was before gunpowder and modern engines. The loudest noise was thunder, often equated with supernatural power. Firearms duplicated the intensity of that noise, at least at close range.
The soldiers of the Conquest spent considerable time on the maintenance of their weapons and armor. Not much has changed in 500 years. They adopted whatever of the enemies weaponry that they found useful. The Spanish quickly appropriated the quilted and compacted cotton armor of the natives, to supplant what steel armor they had with them.
The conquest would likely have failed without two recent inventions in Europe, corned gunpowder and portable guns. Corned gunpowder had only been perfected about 50- 20 years previously. Moistening the mix, then pushing it through sieves made a gunpowder that was much more powerful, durable, and resistant to absorbing moisture from the air.
It is unlikely that simple mixtures of gun powder would have survived the trip across the Atlantic; and likely two to three times as much would have been required. The new gunpowder allowed for much smaller, lighter, faster firing and reliable guns, both cannon and arquebuses.
Bernal Diaz was literate, educated, and makes reference to the literature of the time. He shows a keen understanding of tactics, strategy and the importance of various players in the complicated, Machiavellian game of life, death, and power played out by Cortez, Montezuma, and various native allies, especially the Tlaxcalans, one of the few groups not subject to the Aztecs.
The manuscript was published after the authors death, first in 1632 by Friar Alonzo Remon from a manuscript found in Madrid. Several secondary editions were published from that version. People who had read the original manuscript kept in Guatemala, wrote that the published version differed in a number of details from the original. In 1895, a photo copy of the Guatemalan manuscript was furnished to Senor Don Genaro Garcia of Mexico, who published a true version of the Guatemalan text. The A.P. Maudley translation is of that publication.
There are indications that the manuscript was written over a considerable period of time. In one preface, a "day book" was noted as a source. Did Diaz keep, in effect, a diary? We do not know. The work was well under way by 1552, 30 years after the conquest. In those 30 years it would be reasonable that Bernal Diaz had many conversations with his former comrades in arms. He likely took notes. Pedro de Alvarado, one of Cortez' Lieutenants, was made Governor of Guatemala in 1524. Guatemala is where Bernal Diaz was granted his estate as a reward. In the Conquest, Diaz had served under Alvarado a number of times. Different versions show manuscript completion dates of 1568 and 1572.
Diaz gave the native warriors high marks for courage and skill at warfare. He writes of their weapons and tactics. They devised defenses to horses, using traps and captured steel swords; they formed looser formations as a defense against cannon. Many of these adaptations worked for short periods. But the Spanish adapted as well. The Spanish had launches built to to navigate the lake around Mexico City, mounted cannon on them and propelled them with sails and oars. They dominated even the largest Aztec dugout canoes.
The Spanish gained tens of thousands of allies from the Tlaxacans and the liberated subjects of the Aztecs. Cortez promised to rule with justice and good works, based on Christianity. The Spanish insisted on an end to humans sacrifice and cannibalism. It was not a popular decree, at least at first. The priests with the expedition insisted that conversions to Christianity be voluntary.
The Conquest was no cakewalk. The Conquistadors came very close to being wiped out, several times. Diaz was serious wounded numerous times. As a personal guard of the captured Montezuma, Montezuma gave him gold, cotton cloth, and the beautiful daughter of a high ranking Aztec. Montezuma likely thought it cheap insurance. Diaz lost most of it after Montezuma was killed when the Aztecs revolted. The Spanish had to fight their way out of Mexico City. They barely succeeded.
Diaz' account makes clear that both Cortez and Montezuma were world class Machiavellian politicians. They continually lied to each other, their allies, and their men, as the situation required. They jockeyed for position, and worked hard to understand the other and their vulnerabilities. Montezuma was at a disadvantage, because the Conquistadors, their capabilities and weapons were new and unknown. Cortez knew more of the world. Both knew how to make and break alliances to their advantage. Cortez had the disadvantage of having to work through translators for most of his interactions with allies, enemies, and spies. Diaz says the acquisition of Doña Marina(her converted Christian name) in the early part of the Conquest, was critical to Cortez' success. She was a talented translator, shrewd advisor, and companion of Cortez. She later bore him a son.
Diaz' narrative contains numerous remarks on the human sacrifice and cannibalism that were frequently encountered during the Conquest. It was not limited to the Aztecs, but included the Tlaxcalans and the tribes conquered by the Aztecs. At one "cue" or temple, he writes that he found human skulls arranged in such an order that he could determine the number through counting. He calculated that there were 100,000 of them, and emphasized the accuracy of the estimate. Slavery was common to both the native tribes and the Spaniards. The Church insisted on a formal decree from Spain that free Indians could not be made into slaves in New Spain. It took decades to enforce the decree.
I highly recommend this book to anyone who is interested in the history of the Americas and the early use of personal firearms in warfare. I purchased the earlier 1928 version, and gave several 1956 editions as gifts. They can be had for as little as $2 on the used market.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Making Texas Safe for the Hearing Protection Act
Governor Abbot has signed HB 1819 into law on May 26th, 2017. The law goes into effect on 1 September. The law makes Texas safe for silencer ownership if/when the Hearing Protection Act (HPA) is passed by Congress and signed into law by President Trump. This is important because the Texas legislature only meets every two years.
The law removes silencers from the list of devices that are required to be on the BATF registry for NFA items, only requiring that people who own, manufacturer, transport, repair, or sell silencers in Texas be in compliance with federal law. From state.tx.us:
(a) A person commits an offense if the person intentionally
| or knowingly possesses, manufactures, transports, repairs, or | ||
| sells: | ||
| (1) any of the following items, unless the item is | ||
| registered in the National Firearms Registration and Transfer | ||
| Record maintained by the Bureau of Alcohol, Tobacco, Firearms and | ||
| Explosives or classified as a curio or relic by the United States | ||
| Department of Justice: | ||
| (A) an explosive weapon; | ||
| (B) a machine gun; or | ||
| (C) a short-barrel firearm; [ |
||
| [ |
||
| (2) knuckles; | ||
| (3) armor-piercing ammunition; | ||
| (4) a chemical dispensing device; | ||
| (5) a zip gun; [ |
||
| (6) a tire deflation device; or | ||
| (7) a firearm silencer, unless the firearm silencer is | ||
| classified as a curio or relic by the United States Department of | ||
| Justice or the actor otherwise possesses, manufactures, | ||
| transports, repairs, or sells the firearm silencer in compliance | ||
| with federal law. | ||
| (e) An offense under Subsection (a)(1), (3), (4), [ |
||
| or (7) is a felony of the third degree. An offense under Subsection | ||
| (a)(6) is a state jail felony. An offense under Subsection (a)(2) | ||
| is a Class A misdemeanor. | ||
The definitions of the above items are already defined in Texas law, so there are no changes there. For example, armor-piercing ammunition only applies to pistol ammunition.
Some legislators in Texas are taking the passage of the HPA as a serious possibility.
Update: The final version of the bill adds a change to (1) so that any items that are not federally required to be on the National Registration and Transfer Record will be legal under Texas Law. With that change, firearms such as the Mossberg Shockwave would be legal in Texas.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Saturday, June 03, 2017
TX: Armed Man Stops Beating with Defensive Display
The 30-year-old man became more irritated, police say, and things escalated when he hit the other man with his hand. He reportedly then "lifted him to his feet from a seated position by his shirt and had also struck him in the face and torso area."
The man with the gun told officers he took it out and pointed it at the man, as well as others who were part of his group and gathering around. When he told them to back off, they did, police say, and he lowered his handgun.
The 30-year-old man left before officers arrived. Witnesses have confirmed to police that he started the physical altercation.
Police are working to identify him and make sure necessary charges are filed.
More Here
NICS Checks in the Trump Era Breaks May Record
The NICS checks for May, 2017 were 1,942,677. That is a new record for May. The next highest was in 2016, 1,870,000. It is obvious from the overlap of the red bar and the blue line in the chart.
The National Instant Criminal background check System (NICS) checks continue to confound expectations. Instead of a continual fall during the Trump administration, there was a one time drop in January of 2017 followed by a seasonally adjusted rise that has broken the record for May.
The May 2017 checks are just under 104% of the previous record, set in 2016.
The absolute number of checks for May are lower than they were last month, but expected seasonal variations make May 2017 a record breaker.
It is unclear what is fueling the record breaking NICS numbers. There are several possible causes. The increase is likely a combination of them.
The violent actions of leftist reactionaries, combined with fear that a Trump Presidency could be overthrown by a media coup, could be a motivation for higher firearm sales.
The violence on the Left, as shown in Berkley, Portland, the District of Columbia, and San Francisco, has been well covered in the alternate media. The virulent hatred toward President Trump on Establishment media, is witnessed by both President Trump supporters and President Trump's enemies.
There are numerous stories of people on the left buying firearms for the first time.
Fear of a firearms market glut brought about a drop in firearms prices, as retailers did not want to be caught with an unsalable inventory.
Structural increases in the number of firearms owners may have increased the base level of sales.
Increasing optimism about the economy, a falling unemployment rate, and a record setting Dow Jones could be increasing sales of firearms as consumer confidence increases.
NICS checks include checks for carry permits. Carry permit numbers are at an all time high in the United States. Both new permits and renewals are increasing. This builds in an increased number of NICS checks without necessarily increasing firearms sales. The trend in the states has been to reduce fees and impediments to both initial issuance of carry permits and their renewal.
The average ratio, over 15 years, is a little less than .6 NICS checks for each firearm added to the private stock. 10,699,334 Checks have been done in the first five months of 2017.
If that ratio holds true, about 6.4 million guns were added to the private stock in 2017 so far..
We may see another record month for Trump era NICS checks in June.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
More Fruit of Caetano: Tacoma under Pressure to remove Weapon Bans
Tacoma Washington is likely to do away with its ban on electric weapons. The Supreme Court decision in Caetano PER CURIAM decision (pdf) is the reason why. From Caetano:
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).Caetano was directly about electronic weapons. Lawsuits against bans on electronic weapons have had success in New Jersey, New Orleans, the District of Columbia, and parts of Maryland. Ongoing lawsuits are being pursued in New York State, Massachusetts, and Annapolis. From thenewstribune.com:
In Tacoma, private citizens can’t legally buy, sell, own, make or carry a stun gun like a Taser. That might soon change.The Tacom city ordinance also bans ball flails, "any knife that consists of three or more blades radiating from a central hub or handle" (Swiss army knives, anyone?), nunchaku, and throwing stars. These definitions are at 8.66.010 in the municipal code. In the code all "dangerous knives" and "fighting knives" are banned, then in the next section of the code, certain exceptions are made for "dangerous knives. "Fighting knives" include balisong knives, switchblades, and sword-canes. Here are the relevant sections:
City attorney Bill Fosbre last week wrote a memo to the city manager and City Council recommending that such weapons be decriminalized, saying that having or using them for self-defense is likely protected by the U.S. Constitution. A vote on a proposed repeal could come in June.
A gun-rights advocacy group prodded the city last month with a letter saying that Tacoma’s prohibition on Tasers and other stun guns violates the Second Amendment. The Firearms Policy Coalition threatened to sue if it wasn’t repealed.
8.66.080 Unlawful use of weapons.
A. Violations. It is unlawful for a person:
1. To sell, manufacture, purchase, possess, or carry any blackjack, sandclub, slungshot, metal knuckles, switchblade knife, fighting knife, martial arts weapon, ball flail, or electroshock device; or
2. Except as otherwise provided in Section 8.66.090 hereof, to carry on his or her person or in any vehicle any dangerous knife or deadly weapon; or to sell or give away to any person under 18 years of age any dangerous knife or deadly weapon; or for any such person to purchase or possess any such dangerous knife or deadly weapon.
There are a number of exceptions in the next section of the municipal code. They allow most knives to be possessed, but only carried outside the home in extremely limited circumstances.
8.66.090 Exemptions – Dangerous knives.
The proscriptions of Section 8.66.080.A.2, relating to dangerous knives, shall not apply to: Tacoma Municipal Code City Clerk’s Office 8-157 (Revised 6/2016)
A. Individual licensed hunters, boaters, fishermen, and scuba divers while on a hunting, camping, boating, fishing, or scuba-diving trip; or
B. Any person carrying such knife in a secure wrapper or in a tool box while traveling from or to the place of purchase or a place of repair, from or to such person’s home or place of business, or in moving from one place of abode or business to another, or while in such person’s place of abode or fixed place of business; or
C. Any person who, by virtue of his or her public office or public employment, is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses while in the performance of such duty; or
D. Any person engaged in military activities sponsored by the federal or state governments; or
E. Any person, while in his or her place of abode or fixed place of business, except that this subsection is not a defense to selling or giving away any dangerous knife or deadly weapon to any person under 18 years of age.
The maximum penalty is a thousand dollar fine and 90 days in jail.
Tacoma should be looking at repealing their knife ban ordinance as well as their ban on electric weapons.
In 2016, the Washington State Supreme Court issued an opinion in City of Seattle v. Evans that indicated the ban on the carry of dangerous knives, and the possession of "fighting knives" is likely unconstitutional under the Second Amendment and the Washington State Constitution. From the Volokh Conspiracy in the Washington Post:
The court’s analysis interprets both the Second Amendment and the Washington Constitution’s right to bear arms provision, and also says it’s consistent with Oregon and Connecticut caselaw, which views “arms” as covering switchblades, dirks, billy clubs and police batons. The court doesn’t discuss whether the protection would extend to concealed carrying, but it reaffirmed that the right to bear arms includes a “right to carry a weapon” in some way, presumably including carrying in most public places.Knives are clearly "arms" protected by the Second Amendment and the Washington State Constitution.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
John Lott was a Democrat in 1993
In an article that claims the famous researcher John Lott is partly responsible for mass murder, the author let slip an interesting bit of information. John Lott was a Democrat before he conducted his well known research. From psmag.com:
Outside of the Baylor auditorium, Lott told me about his journey to becoming the most prominent and most hated gun researcher: His interest in guns, he said, started when he was an economist at the Wharton School of the University of Pennsylvania. Students asked him about his thoughts on gun control, and so Lott started researching. He wasn't a gun expert then, just an economist. But he noticed that, despite the volume of gun research, there were few well-designed studies with large sample sizes. Around the same time, Lott had become disillusioned with the Clinton administration. He said he had been a Democrat, but found himself starting to align with more-conservative belief systems. He felt that the response to the research he'd started doing on guns encouraged his political transformation. It appeared to Lott that the liberal establishment had gotten everything wrong, and that, in their rush to prove their progressive fantasies, they had ignored the facts.I contacted John Lott about the allegation that he had been a Democrat. Because the psmag author was wrong in many of his allegations, I wanted to be certain about this. Lott wrote that "The PS piece was very inaccurate and dishonest."
He also wrote that he was a registered Democrat until 1993. We can credit the psmag author with getting that right. Lott's seminal research on the effect of concealed carry laws on violent crime was published in 1996 at the University of Chicago.
It is not uncommon for researchers to change their views on gun control once they have done actual research on the subject. John Lott changed his political affiliation. Wright and Rossi changed their views on gun control. Gary Kleck changed his views on the effectiveness of armed self defense. Most criminologists and economists now agree with John Lott. I do not know of any researcher who has switched the other way. Most of the articles that claim Lott's research is inaccurate are in health care journals.
That is a significant argument that the side that wishes to disarm the population is wrong. People are prone to selectively believe things that reinforce what they already believe. It is known as confirmation bias. It takes a significant effort to look at data objectively and accept the implications, if they disagree with what you already believe.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Scientist Responds to Claim that John Lott is Responsible for Mass Murder
It appears to be because John Lott conducts research that shows that more legally armed citizens reduce violent crime, and that gun free zones attract mass shootings.
Moskowitz admits that he is ill prepared to judge Lott's work. From psmag.com:
I will not be able to debunk Lott here and now. I am not an academic. I—and 99 percent of people, I'd venture to guess—am not as good with statistics as Lott. What I can tell you is what the people who do have that skillset say. There are many people who agree with Lott—especially in the fields of criminology and economics. But it appears the majority of researchers who work in the field say Lott's wrong: that his analyses are misleading, that they skew data to favor certain outcomes, and that his research methods don't stand up to scrutiny. If they did, his critics say, Lott would still be published in academic journals, or doing his research out of a university instead of a non-profit called the Crime Prevention Research Center.Every person is faced with the problem of confirmation bias when determining how to evaluate various claims. People selectively prefer claims that confirm their perception on disputed subjects. Scientists are trained to fight this tendency. It was with interest that I read another scientist' evaluation of Lott's work. It was posted in a series of comments on Mosqowitz' article.
The commenter with the screen name of Dan N agreed to the publishing of his comments. Daniel sent me an updated copy. The arguments and data presented are essentially the same:
This article is written in reaction to a piece published on June 1, 2017 by Peter Moskowitz entitled “Inside the mind of America’s Favorite Gun Researcher”. To give the reader some perspective, I never fired a firearm until I was 36 years old and did a year of research before bringing one into my house. I was firmly on the fence about owning a gun until I did this research. I took it seriously and did not give much credence to opinions that were not thoroughly supported by statistics. I have a Ph.D. in a science that requires me to be at conversant, however not fluent, in statistics. I take the frustrating stance that people need to validate what they read. If the statistics are too confusing, as Moskowitz says, then you need to learn some basic statistics, not just trust what someone else tells you.
It is clear that Moskowitz of has not thoroughly read the source material. I have read Lott's updated "More Guns, Less Crime" (3rd edition, 2013) and some of Hemenway’s reports and other leading anti-gun reports.
I cannot comment on the original 1997 publication; however Lott has updated it extensively with new data and did additional permutations in response to the criticisms of Hemenway and others. In some of Lott’s responses to criticisms he added additional permutations, the results are more dramatic. In other permutations, it's less.
Lott gives a tremendous amount of detail on how he handles the data sets. None of it appears outlandish. It is mostly for mathematical purposes.
For example, he can't compare a county gaining right to carry in 2006 that had 0 murders in 2005 and 1 in 2006, as that is essentially an infinite increase. Likewise, 1 murder in 2005 and 0 in 2006 it would be a 100% decrease. He admits that the two things that do increase are property crimes and aggravated assaults.
Such changes are rationale and justifiable, but this type of data filtering is exactly what Lott is often criticized for. For anyone who has read the actual source material, Lott makes no obscene claims. Effects are quite modest. However, a modest 5% difference in homicide rate is all the difference in the world to someone able to live to tell about it.
Mr. Moskowitz made some errors in his critique. For example, he mentions the white urban men owning guns and the permits while urban minorities are often the perpetrators and victims of crimes, but this criticism does not hold water.
Lott polled over 3,000 counties. The trends he calculates most of his work on are within counties, not within states. He goes to extreme length to specify this, and it is something the author has miscategorized.
As far as his critics are concerned, Ayres and Donohue published a piece entitled “Shooting down the more guns, less crime hypothesis.” Despite their criticisms of Lott’s data analysis, they have faults of their own. For example, the authors do not use defined periods before and after the passage of concealed carry laws and compare that to violent crime rates as Lott does. Instead, states are lumped together in the same time frame where one state could have passed RTC early and another late. Furthermore, anti-gun papers rarely conclude that guns make crime rates any worse when viewed at a national level. At best they claim that Lott's numbers are more dramatic than reality. For a better idea of errors, please refer to Lott’s own work as his dissection of methodological errors is superior to anything I’ll write here.
Please remember that Lott has done 20,000 regression analysis in his reports. Yes, some of them will be wrong. If you are reporting at 95% confidence (meaning a 5% error rate, common in statistics) you are looking at 1,000 of his 20,000 measurements wrong. Cherry picking the studies which do not pan out over the years, as is frequently done to discredit Lott, does not disprove the data set in its totality.
Using the Ayres paper again as a reference, they criticize Lott’s use of arrest rates as a mechanism of judging crime levels. While it is true that this is not perfect, Lott uses multiple comparisons and collectively concludes the benefits of gun ownership from the totality of evidence, not just single regressions. I've personally downloaded and done my own longitudinal studies from publicly available FBI reports (https://www.bjs.gov/index.cfm?ty=dcdetail&iid=245). I've come to the same conclusion as Lott with independent data collection.
I publish heavily in peer reviewed journals, some of the top journals in the world in fact (nothing to do with criminology). I know editors of these journals. That world is, unfortunately, extremely liberal and highly politicized. I have viewed the Ivory Tower of Academia from within and without, and I assure you it can be an ugly place. It is so liberal and politicized, my wife has insisted I do not bring up my hobby of trap shooting around academics because she thinks it will negatively impact my career. In fact, my name here is a nom de plume. While I cannot comment on the specifics of Lott’s exit from academia, it does not surprise me in the least.
And now for a quick peek inside the world of statistics. It will delve a bit off topic, but the point is to illuminate how the author can pull the wool over your eyes. Part of what I do for a living as a scientist is to analyze data sets. If I ever published data in the manner these gun control groups academics did, my career would be over. It can be trivial for me to debunk them and is a guilty pleasure to do so.
Few, if any, do longitudinal studies. By this I mean that they do not study a region before or after an event (passage of RTC). Far to many are taking data sets from a single year. A particularly egregious error was made by Kalesan and Galea published in the very prestigious Lancet last year. They claim that ballistic fingerprinting/microstamping to be one of the most efficacious laws on the books. However, California simply passed a law mandating microstamping but not a single firearm is commercially available capable of microstamping. Maryland’s ballistic fingerprinting program was a colossal waste of taxpayer’s money and police efforts failing to solve a single case in 15 years. So how can Kalesan and Galea find them to be such influential laws?
It simply means that there are variables beyond that law that dictate crime rates in those states. Many arguments disintegrate once suicide is separated from homicide. Having a best friend that killed himself with his father’s gun, I find this dishonesty especially infuriating. For example, one cannot compare the high gun ownership of Alaska with the low ownership of Hawaii and claim any causality with suicide. Many in Alaska suffer from depression due to the lack of sunlight for several months and there are far fewer women than men, Hawaii suffers from neither of these problems. I cannot recall anyone, other than Lott, distinguish legal gun ownership from illegal gun ownership despite the fact that as much as 80% of homicides are gang and drug related. I've critiqued numerous top studies, and I've never found any that come close to the comprehensiveness of Lott's.
Hopefully this encourages whoever reads this to dig into primary data for themselves and not to put blind trust into pixels on a screen, print on a page, or a talking head on a screen.
I have read Trump's books, and quite a few of his papers. I am a trained scientist, (retired out of the DOD). I find the statistical methods used intimidating, but understandable.
One thing stands out: No one is credibly claiming that violent crime is increased by the increase in people legally carrying firearms. You see this reflected in the arguments used to oppose gun reform legislation. Instead of people claiming that a reform of restrictions on carry will increase murder and robbery, you see more and more of the argument shifted to the claim that a reform of gun law will "not make us safer". Some make the unsurprising claim that more guns will lead to more suicides committed with guns.
It is not a persuasive argument. Our society is based on the model that if it is not prohibited, it is allowed, instead of the totalitarian model that if it is not allowed, it is prohibited. While the rate of suicide with guns has risen, it has risen less than the rate of all suicides.
None of the people pushing for more controls are using the county level of data to analyze the effects of guns on crime. My suspicion is when data is analyzed at the level of counties, the anti-rights researchers are not getting the results that they want.
It is credible that Dan N is not interested in having his understanding of the debate over the effects of legal firearms carry published in his name. His wife fears for his career. It is a real fear, based on real potential consequences.
I was downgraded in my career for a number of years, based on my willingness to push for less restrictions on firearms use. Two separate supervisors both told me that was the reason I was downgraded, in separate conversations, years apart. They were sympathetic, and appreciated that I did not hold them responsible. As I recall, one of them volunteered the information, the other responded to a carefully worded neutral question.
As a white male who had no reasonable claim to membership in a specially protected group, I judged it best to forgo legal challenges.
There can be a price for integrity and/or activism. It is wise to pick your battles and chose your favored field of action. I do not regret my decisions.
Consider what Peter Moskowitz is preaching. Because John Lott has published work that John reasonably believes to be true, John Lott is judged to be complicit in mass murder. It is hard to see the causal connection. It seems that John Lott's real "crime" is disagreeing with Peter Moskowitz, and challenging his world view.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Friday, June 02, 2017
OK: Robbery Suspect Shot, Killed in Duncan
Police say Black was among a group that tried to rob the home, but fled. Police say gunfire apparently came from the home and Black struck after getting into a vehicle.
Police later arrested three teenagers and two adults on felony murder complaints in connection with the shooting and a third adult was arrested as an accessory after the fact.
TX: Burglary Suspect Shot, Killed
According to Frisco police, a 911 call was placed just after midnight reporting a burglary in progress. When officers arrived they found a man, believed to be the burglary suspect, bleeding in the parking lot — he’d been shot. Police say the man was taken to a local hospital, but died later from his injuries.
More Here
Korean War Field Innovation Quad .30 Caliber Anti-Personnel
I received this photograph from a source who was looking to identify what type of "gun" it was. I believe it is a field improvisation of four .30 caliber M1919A4 machine guns in a linear quad mount. It is designed for use on ground targets.
There is no way to elevate the muzzles far enough for effective anti-aircraft fire. The base of the Korean mount is from the M63 Anti-Aircraft mount for the M2 Browning .50 caliber machine gun. (H/T to archy on freerepublic).
The other quad mounts that I have seen were designed for anti-aircraft fire.
The Soviet quad mount of 1910 Maxim machine guns is set up for anti-aircraft fire. The image is from a display in a Russian (Soviet) Museum.
The Korean war was noted for its mass wave attacks by Chinese soldiers against American troops. The anti-personnel quad .30 caliber was likely a response to those attacks.
Quad machine guns have often been used against ground targets. The quad .50 caliber M2 was often used in that way. But the mount was designed as an anti-aircraft mount.
If alert readers have any information about the Korean quad .30 caliber mount, its deployment, development, or use. We would like to hear from you.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
NC: Gunfight with 3 Home Invaders- Invader Killed
Police say three men broke into the house and exchanged gunfire with a man who was inside. One of the intruders died at the scene.
More Here
Thursday, June 01, 2017
Constitutional Carry on the Move in Wisconsin
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.AB 247 is a comprehensive bill that puts Section 25 into practical law in Wisconsin. From fox6now.com:
MADISON -- A proposed bill would allow people in Wisconsin to carry concealed guns without a permit or training. The state's largest police union is against the proposal, while supporters say it's really just a slight change to the current concealed carry law.Here are the 13 current Constitutional Carry states. Some analysts differ on how many states there are, because the state laws differ. The vast majority of people in the following states can carry concealed or openly, without a permit from the government. They are Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia.
At Fletcher Arms in Waukesha, it is easy to find those who believe efforts to bring "constitutional carry" laws to Wisconsin are on target.
"The lack of a training requirement should not equate, in people's minds, to a lack of people having training," Nik Clark, president of Wisconsin Carry said.
The bill would make Wisconsin the 13th state to allow concealed carry without a permit, or the training that comes with it.
Wisconsin was the 49th state to pass a concealed carry permit law. Open carry has always been legal in the state. The Wisconsin legislators studied the law in other states and then wrote their law. When the permit law was finally passed, it was one of the best in the nation. As a result, there are now over 320,000 permit holders in Wisconsin. They have been shown to be exceptionally law abiding.
The Constitutional Carry bill, AB 247 shows the same kind of care. The law is comprehensive, and corrects many defects in current Wisconsin statutes.
From wisconsin.gov:
Analysis by the Legislative Reference Bureau
Current law generally prohibits an individual from carrying a concealed weapon unless the individual has a license to carry a concealed weapon that is issued by the Department of Justice or unless the individual has a law enforcement identification card indicating that he or she is a qualified current or former law enforcement officer. This bill eliminates the general prohibition against going armed with a concealed weapon without regard to licensure status
This bill also eliminates current law prohibitions against carrying firearms in specified places, but retains the current law that allows certain persons to post buildings and grounds so that individuals who carry a firearm in violation of the posting commit trespass. For instance, this bill eliminates the prohibition on carrying a firearm on school grounds and, for persons without a license to carry a concealed weapon, in a school zone. Instead, this bill allows schools to post their buildings and grounds under the trespassing laws. An individual who violates the trespassing provision is guilty of a Class C misdemeanor if the individual is in a posted school building and a Class B forfeiture if the individual is on the posted grounds of a school.Other provisions in the bill are summarized below:
Eliminates prohibitions on carry in public buildings generally, but allows posting under the trespass law for certain sensitive government buildings such as police stations, prisons, and secure mental health facilities.
Eliminates prohibitions on carrying a gun or crossbow in a wildlife refuge
Eliminates prohibitions on carry on an all terrain vehicle
Eliminates prohibition on possession of a bow, crossbow, or firearm while shining a light on wildlife. (this has primarily been used against people viewing wildlife at night in car headlights. Hunting with lights is still prohibited.)
Follows federal law by allowing people with carry permits and/or law enforcement ID cards to be exempt in school zones.
Modifies the Wisconsin permit process by allowing non-residents to obtain a Wisconsin permit.
Requires the granting of a permit if training has not been completed, but the applicant meets all other requirements, as a "basic" license.
Provides for the creation of a state permit that meets federal standards, if a federal standard is imposed.
Eliminates the prohibition on the possession of electric weapons, such as Tasers.
Changes the state definition of "firearm" to be congruent with the federal definition that excludes muzzle loaders and antique and replica firearms.
The bill has significant support in the Assembly and the Senate. There are 40 co-sponsors in the Assembly, and 11 co-sponsors in the Senate. There are 99 voting members of the Assembly. 64 are Republican. There are 33 voting members in the Senate. 20 are Republican.
Two sources on the scene have communicated to me that Governor Walker will sign the bill if it reaches his desk.
The Senate Committee on Public Safety is holding a hearing on the bill on 31 May, 2017.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Wednesday, May 31, 2017
OH: Home Invader Shot 3 Times
The male suspect was shot two times in the leg and once in the hand, according to Lachey. He said the man — who has not yet been been named — is in Miami Valley Hospital, and was having surgery Monday for a shattered femur.
Lachey said as there was no sign of forced entry, they believe the male suspect entered the home through a “doggie” door.
Lachey said this is the second time in a matter of months this home has been invaded.
More Here
TX: Republican trades words with Democrat who vowed to "get him" Says he would shoot an Attacker
 |
| Two of at least four levels of Sanctuary City Proponents Disrupting Texas Legislature |
Link to video
There are conflicting
versions of events. Rinaldi, the Republican who Called ICE, said he was assaulted and threatened by
Romero and other Hispanics, who had to be held back by other
legislators. He claimed that another legislator, Poncho Nevarez, specifically threatened to "get
him" on his way to his car.
Rinaldi then says he said that he would shoot him if he were attacked. A personal firearm levels the playing field between a mob and a single legislator.
The press conference by Romero said that Rinaldi threatened them, never mentioning the previous threats.
All this came about because several protesters claimed to be in Texas illegally and claimed that they would stay illegally. That is when Rinaldi called Immigration.
No disagreement between lawmakers should ever escalate to scuffles among the desks. But Republicans are not going to back away from the enforcement of existing laws demanded by their voters. If Democrat voters wish for their representatives to dismantle those laws and turn a blind eye to illegal immigration, that is a debate every Republican will welcome.
What we will not do is tolerate lies about our motives. Romero knows full well that Rinaldi was not trying to get the whole gallery full of protesters deported. Nevarez and the rest of the Mexican-American legislative caucus know that none of this is about race; it is about behavior.
But it is harder to argue that following the law is somehow a bad idea. Better to simply smear opponents as haters and hope they are cowed into submission.
The video is the best that I have found to show the scale of this disruption of the Texas legislature.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Gun Watch
Governor Fallin Signs SB 397 Restores Carry on Buses
On 19 May, 2017, Oklahoma governor Mary Fallin signed into law another reform of Oklahoma firearms law. SB 397 removed another egregious discrimination against poor people exercising their Second Amendment rights.
In Oklahoma, it is illegal to bear arms on buses used as public mass transportation. Most people who have sufficient means prefer to use private transportation. In most situations it is far more efficient, effective, and convenient to use individual transport. But in some situations, such as in crowded urban centers where parking is expensive, time consuming, and hard to find, a great many people have to resort to riding buses. Those people tend to be people of limited means.
If you ban people from bring arms onto buses, you have effectively chilled Second Amendment rights for people who use public transportation.
Oklahoma Republicans rolled back that discrimination in 2017. The Senate passed the bill on 23 March, 43 to 1. The vote in opposition was a Democrat, Senator Matthews.
The House passed the bill, after an amendment, on 25 April, 79-9. All votes in opposition were Democrats. They were F. Bennett, Blancett, Dunnington, Griffith, Munson, Nichols, Virgin, Walke, and Young.
The Senate then repassed the amended bill on 11 May, 39 to 1. The same Democrat opposed the bill.
The legislature took care to make it a separate crime to discharge a firearm in a bus, terminal, or other transportation facility, unless it was done in a deadly force defense. From Legiscan.com:
It shall be unlawful for any person to discharge any firearm into or within any bus, terminal or other transportation facility, unless such action is determined to have been in defensive force resulting from reasonable fear of imminent peril of death or great bodily harm to himself or herself or another.The law goes into effect on 1 November, 2017.
While the new law refers to "Deadly or dangerous weapon" separately from firearms, It seems that penalties only result if the weapons are used in an attempt to take over the bus.
Oklahoma passed a knife preemption bill in 2015, and removed knives from the illegal weapons list in 2016.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Tuesday, May 30, 2017
AZ: Gun Beats Taser, Robbery Suspect Killed
The homeowner told authorities that the suspect came into his home, robbed him and was causing a disturbance.
The suspect reportedly deployed a TASER at the homeowner several times.
The homeowner then shot the suspect; the suspect later died from his injuries.
More Here
CA: Attacking Neighbor Attempts Disarm, is Shot in Foot
Earlier, Head physically assaulted his neighbor with a knife and the neighbor brought out a gun for protection.
While the two were arguing Head slapped away his neighbor's gun. The gun fired and shot Head in the foot, said Llamas.
More Here
Gold Medal Winning Woman Shooter in India Stops Kidnapping with Licensed Pistol (what model?)
Link to video of interview on Youtube
Ayisha Falaq is a competitive shooter in India. On the 25th of May, she used her licensed .32 ACP handgun to rescue her brother in law from kidnappers in a village, Bhopra near to the Haryana border. It was an impressive achievement. Ayisha is being lauded in the Indian and international media.
From ndtv.com:
New Delhi: A national-level shooter, 33-year-old Ayisha Falaq, has been handling guns for the last six years. But last week, she took up her licensed revolver for the first time to counter crime after her 21-year-old brother-in-law Asif Falaq, was abducted. Ms Falaq, the police said, fired two bullets at two men - one bullet grazed a man, another man was shot in the foot.
(snip)
With a police vehicle on their tail, Ms Falaq and her husband reached the kidnappers. It was decided that she would be the one handing over the money. The rendezvous point was near the village at post-midnight.Reporters in India are even less informed about firearms than reporters in the U.S.A. It is obvious that Ayisha's pistol is a semi-auto. Nothing larger than a .32 is authorized under Indian law (there are always exceptions). What is the model of pistol that Ayisha used? It looks much like a Browning BDA. But there are anomalies. The barrel, where it locks into the slide, appears relatively square, like a Glock. The end of the slide seems rebated for a greater distance than the BDA. If you look at the top picture, the frame appears to be composite, with a squared off trigger guard.
Ms Falaq, who won gold in 2015, carried her .32 bore licensed revolver with her.
"They had started suspecting that we had the police with us," said Ms Falaq. As soon as her husband parked his car parallel to theirs, they started shouting 'kill them', she said. "They came out of the car and it was then that I shot them at their feet," she said.
Here is another picture:
Is this the pistol she used in the rescue? Is it a prop for the interview? One account said that her pistol was confiscated by police. It seems unlikely that she would get it back so quickly. If this pistol is a prop, it is a very, very good one.
Could it be a copy, made in India or Pakistan?
Perhaps an alert reader can make the connection to a commercially manufactured pistol.
Update: readers, including Virgal Bressner and Kovacs Jeno
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Monday, May 29, 2017
IL: Gunfight Legally Armed Man Survives, Attacker Dies
The man was legally armed and exchanged gunfire with the boy, police said.
The
boy got into a waiting vehicle and drove off into Chicago, police said.
He was taken to Stroger Hospital, where he was pronounced dead.
More Here
CA: Off Duty Officer Shoots two of three Teen Attackers
One of two teenage suspects shot by an off-duty U.S. Customs and Border Protection officer Friday night — who authorities say they were trying to rob — has died from his injuries.
A 15-year-old boy was pronounced dead at 5:34 a.m. Saturday at a hospital, the Los Angeles County Sheriff’s Department reports. A 14-year-old boy who also suffered gunshot wounds is expected to survive.
More Here
AL: Home Invader Shot by Armed Victim
The alleged victims said two men forced their front door open.
Police say when one of the suspects kicked in the bedroom door, he was shot.
Mobile Police say 31 year-old James Key was shot in the head and shoulder.
More Here
OK: Governor Fallin Signs SB 35, Carry for People with Valid Military ID
SB 35 was popular in the legislature. It passed the Senate on 15 March, 2017, 40-2. It was amended on 11 April in the House. It passed the House on 19 April, 2017, 85 - 0. The amended version then passed the Senate unanimously, 46-0. It was signed by Governor Fallin on 17 May, 2017.
The act goes into effect on 1 November, 2017.
The bill will become part of Oklahoma carry law, which is about 14 pages long. Here is the definition of who may carry with a valid military I.D. From state.ok.us (pdf):
2. The person is twenty-one (21) years of age or older, and is either:
a. active military, or
b. a member of the Reserve or National Guard to include Drill Status Guard and Reserve, Active Guard Reserves or Military Technicians, and presents a valid military identification card that shall be considered a valid handgun license issued pursuant to the Oklahoma Self-Defense Act
People from other states who have a valid military I.D. are recognized. The reciprocity section at the end of the bill makes that clear. From state.ok.us (pdf):
A. Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state or a valid military identification card as provided for qualified persons in Section 1290.8 of this title is authorized to continue to carry a concealed or unconcealed firearm and license in this state; provided the license from the other state or valid military identification card as provided for qualified persons in Section 1290.8 of this title remains valid.There are about 2 million active military and reserves in the United States, and about 460,000 national guard members. A significant number of them will be under the age of 21, but about 1.5 million will be 21 or older.
This increases the pool of people able to carry concealed weapons in Oklahoma by about 1.5 million, or about 10% more than already exist. The number of people in the United States with carry permits exceeds 15 million.
Another incremental step to extend the right to carry in Oklahoma would be to include veterans with an honorable discharge.
It could happen, but it seems more likely that Oklahoma will pass a "permitless" or Constitutional Carry reform first.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Eighth Circuit: Open Carry not Reasonable Suspicion for a Police Stop
In 2011, on November 2nd, The Lincoln City Police Department received a call about a young man displaying a firearm in an Astro van outside of a convenience store. The call lead to the felony stop of an Astro van about 4 hours later. In the van was 58-year-old black pastor who was a double amputee. The officers forced the pastor, Leroy Duffie, to exit the van with his hands held up, after he had told them that he could not do so because of his disability. At gunpoint, Duffie opened his door, and twisted his body in an attempt to comply. He then fell face forward to the pavement, suffering significant injuries including loss of two teeth and a torn rotator cup.
Duffie sued the police department for depriving him of his constitutional rights, of using excessive force, searching his van without his consent, and placing him in danger of physical harm without due process.
The trial court granted qualified immunity to the officers and granted summary judgment against Duffie on all counts. Duffie appealed to the Eight Circuit.
The Eighth Circuit, on 23 August, 2016 reversed the trial court decision, finding that police did not have reasonable suspicion to stop Duffie, because the open carry of handguns is legal under the law in Nebraska. The Court referred to open carry as a right. On March 30th, 2017, Duffie and the City of Lincoln reached a settlement, with Duffie receiving $160,000. From journalstar.com:
The 8th U.S. Circuit Court of Appeals in August reversed that decision and ruled Officers Nathan Kaiser, Tobias Hite and Shane Jensen violated his Fourth Amendment protection from unreasonable search and seizure.
The judges took issue with the reason for the stop, saying a report of a person with a handgun isn't enough to create a reasonable suspicion of a crime, and in Nebraska and Lincoln people can openly carry handguns.
From the comments at the journalstar article:
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Pastor Duffie was ordered out of his van with his HANDS UP, held high. He could not use his arms/hands to help himself out. He tried his best to obey the police but fell out of the van because of the police orders. They had their guns out and pointed at him. What would you have done?? Refused their demands?? I know Pastor Duffie very well, he is one of my best friends and I attended his homechurch for several years until I moved to Kansas. We talk weekly. He is one of the most Christian men I know.The Eighth Circuit decision is one of the latest in a trend that confirms that the mere carry of a firearm is not cause for a police stop. The decision also makes clear that mere presence of a weapon is not sufficient to allow a felony stop. All of the states in the Eighth Circuit have provisions for legal open carry. The Duffie v. City of Lincoln decision applies to North Dakota, Minnesota, South Dakota, Nebraska, Iowa, Missouri, and Arkansas. Arkansas, Missouri, and North Dakota are Constitutional Carry states. From uscourts.gov (pdf):
Officer Kaiser relied on an incident report that did not contain information sufficient to create reasonable suspicion that Duffie had already, was, or was about to commit a crime. See United States v. Hensley, 469 U.S. 221, 227 (1985) (extending Terry to the investigation of completed crimes). Nebraska law permits individuals who are at least 18 years old to open carry handguns in public. See Neb. Rev. Stat. §§ 28-1202, 28-1204 (2009). The City of Lincoln does not restrict an individual's right to open carry except in certain locations. See Lincoln, Neb., Mun. Ordinances § 9.36.130. Moreover, the mere report of a person with a handgun is insufficient to create reasonable suspicion. See Florida v. J.L., 529 U.S. 266, 272 (2000)These are the decisions whereby Constitutional rights are preserved.
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Sunday, May 28, 2017
FL: More on 82-Year-Old Shooting Intruder
As they began to arrest Sanchez, his son jumped out of the passenger seat and fled the scene. As police searched the area, the teen allegedly stole some clothes from a home's washing machine in order to change his appearance. At some point, the teen allegedly entered the home of the elderly man.
That's when the 82-year-old was startled by a noise in his basement. When he went to investigate, police said, the teen confronted him and shoved him. That's when the 82-year-old shot the teen in the buttocks.
"Shots were fired within the home," Miami Police spokeswoman Kenia Fallat told CBS Miami. "We know, from the homeowner, that he was forced to fire after he confronted a man inside the basement of his house."
More Here
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