Castle Doctrine – Spartanburg SC Self-Defense Shooting – No Charges Filed

Castle Doctrine – Spartanburg SC Self-Defense Shooting – No Charges Filed

South Carolina’s Castle Doctrine is applied to a recent self-defense shooting.

No charges will be filed against a homeowner who shot a homeless man at a vacant Converse Heights house earlier this week.

Citing a section of state law called the Castle doctrine, the Spartanburg Public Safety Department announced in a written statement Friday night that no charges would be filed against Maria Thompson or her husband, Ray Earl “Chuck” Thompson Jr., both of Chesnee. . .

Read more here.

Judge Orders Washington D.C. To Pay 1.1 Million Dollars of Dick Heller’s Gun Defense Case

Judge Orders Washington D.C. To Pay 1.1 Million Dollars of Dick Heller’s Gun Defense Case

Huge victory for gun rights activists. Washington D.C. is ordered to pay Dick Heller’s defense fee. Heller is the famous case that went to the Supreme Court, overturning D.C.’s onerous gun ban.

By Paul Duggan,

A federal judge Thursday rejected a request for $3.1 million in legal fees for lawyers who worked to overturn the District’s handgun ban and instead awarded them $1.1 million, a ruling the D.C. attorney general called a victory for the city.

The six attorneys for plaintiff Dick A. Heller in the historic gun-control litigation had asked the judge to order the city, which lost the case, to pay legal fees totaling $3,126,397. The office of D.C. Attorney General Irvin B. Nathan argued the city should be required to pay $840,166.

In a 65-page ruling filled with calculations and analyses of market rates for legal work, U.S. District Court Judge Emmet G. Sullivan in Washington decided that $1,132,182 would be fair. . . .

Read more here.

Tennessee Gun Laws

Tennessee Gun Laws

A hand gun instructor explains Tennessee gun laws.

The arrest of an East Tennessee woman in New York City for bringing a hand gun to the September 11th Memorial is raising questions about Tennessee’s hand gun laws.

Tony Williford owns Global Pawn and Loan in Lenoir City. He’s also a licensed hand gun permit instructor in Tennessee who knows the laws.

Federal law states people can only purchase hand guns in the states where they live. That means Tennessee residents can only buy hand guns in-state, and out-of-state residents cannot purchase a gun in Tennessee.

“You have to have a hand gun permit to carry a gun in the State of Tennessee on you,” explained Williford.

Tennessee’s hand gun carry permits are recognized in 19 other states, and anyone 21-years and older can own a gun. Getting a permit to carry it means taking an 8 hour course and passing a background check.

“It’s four hours range time, and four hours classroom time,” said Williford. . . .

Castle Doctrine – Pennsylvania Man Uses Bow and Arrow in Self-Defense

Castle Doctrine – Pennsylvania Man Uses Bow and Arrow in Self-Defense

While at home, this particular PA man was approached by another man wielding a club. In self-defense, and in accord with Pennsylvania’s Castle Doctrine, he defended himself with a bow and arrow. The aggressor died and the man who defended himself was within his Castle Doctrine rights.

Read more here

Gun Ban – Casper Wyoming City Council Passes New Ordinance Banning Guns In Public City Government Meetings

Gun Ban – Casper Wyoming City Council Passes New Ordinance Banning Guns In Public City Government Meetings

Anti-gunners and gun control advocates will be happy with this decision. But, the legal, law-abiding gun owners object to the new ordinance, and they plan to challenge it. Why are the gun right groups going to challenge the ordinance? Because gun control doesn’t work.

And, if a doctor or lawyer, or a businessman attends a city council meeting, and maybe there is another community member there who is upset with something that was said or done, will the doctor, or lawyer, or businessman be guaranteed their safety if they are disarmed while attending the meeting? Great questions to ponder.

Everyone will have to hang their guns at the door before entering the Casper City Council chambers under a new ordinance passed last week.

In a five-to-four vote, the council approved a controversial measure that prohibits bringing a firearm or other deadly weapon into any public city government meeting.

The law drew the ire of a number of gun rights and constitutional groups, and is expected to be challenged in the state legislature and also the courts. . . .

Do gun bans work? No, so why do they want this at the city council meetings?

. . . “The second question is, ‘Do gun bans work?’” Begeron went on to ask. “The answer is no, and I have about six cases of facts and statistics and evidence that guns bans not only don’t work, but … many times have a negative impact on crime.” . . .

Read more of the Casper Journal storyhere.

Gun Owners & Hunters Actively Support Conservation Efforts – Bill Gaines, Bill Gaines, president of the California Outdoor Heritage Alliance (COHA)

Gun Owners & Hunters Actively Support Conservation Efforts – Bill Gaines, president of the California Outdoor Heritage Alliance (COHA)

Bill Gaines responds in the SacBee to a previous editorial (Dec 4 2011) that apparently misrepresented California Hunters. He provides solid facts to demonstrate that most hunters (gun owners) are law-abiding and do not just seek to defend their Second Amendment rights, as some have accused. Those gun owners who hunt are also actively involved in numerous conservation efforts.

. . . COHA is an alliance of organizations, outdoor industry and individuals who care deeply about wildlife conservation and the future of our hunting heritage. COHA does fight hard alongside the National Rifle Association to protect the Second Amendment rights of Californians. But our primary focus is on policy that promotes habitat for wildlife, confronts poaching, and provides enhanced hunting opportunity for California’s public. As just one example, this year COHA sponsored state legislation to significantly increase penalties for poaching violations (Assembly Bill 1162). In the past three years alone, COHA has successfully sponsored and passed into law three other bills which promote habitat conservation and our wildlife resources – a record unequaled by any other environmental or wildlife organization. . .

Read more here: http://www.sacbee.com/2011/12/25/4138313/hanna-op-ed-on-hunters-was-off.html#storylink=cpy

Read more here.

Concealed Carry for Off-Duty Officers At School – Board Unanimously Approves

Concealed Carry for Off-Duty Officers At School – Board Unanimously Approves

I like the idea, and I like the comment someone on the board made: “We’ve never had issues. Never had a problem [with off-duty officers carrying concealed at school functions].” I like the idea and I like the idea that law-abiding citizens would be or could be afforded the same opportunity. Why not?

. . . Off-duty officers concealed carrying on school property is not a new concept for Tomah.

“That’s always been our practice,” Revels said, noting that at any time there could be several off-duty officers at a school sporting event who are carrying a concealed weapon.

“It’s always been permissible as long as they follow the guidelines,” Revels said. “We’ve never had issues, never had any problems.”

Revels said having officers concealed carrying at school events while off-duty could prove beneficial in an event there is a crisis situation.

The board unanimously approved the memorandum.

It will remain in effect until it is terminated by either party.

Read more here.

Castle Doctrine – Washington State is Considering Castle Doctrine Legislation – Senate Bill 5418

Castle Doctrine – Washington State is Considering Castle Doctrine Legislation – Senate Bill 5418

According to MARK KNAPP of the Federal Way Mirror, Washington residents may soon have legislation that will enable them to legally protect themselves against criminal acts of violence. The Castle Doctrine adds the presumption that in certain cases of forced entry and other acts of violence, the homeowner was justified in using lethal force. The law’s proposals are found at the end of this quote.

Remember the “Craigslist” murder of James Sanders in Edgewood?

In that case, a local homeowner was killed by three men and a woman that invaded his home and terrorized his family. That case — and others like it — has people in Washington thinking about what happens before, during and after a shooting.

Many local armed citizens have attended the Firearms Academy of Seattle. Marty Hayes, a former law enforcement instructor who started the FAS facility in Onalaska, Wash., has a law degree and teaches the law of self-defense, right alongside other practical aspects of shooting.

Marty has been calling the Legislature’s attention to a 2005 Washington State Supreme Court ruling that could make it harder for armed citizens to defend ourselves in court in cases involving self-defense.

In the 2005 case of State v. Brightman, the defendant and another man got into a fight near Titlow Beach in Tacoma. The defendant pulled a gun during the fight and killed his opponent. Then, Brightman claimed that he shot the gun by accident — he was only trying to pistol whip the victim. The defendant made an unsuccessful attempt to argue self-defense in court. The Brightman court decision stated plainly that defendants claiming self-defense shouldn’t also claim that their gun went off by accident.

Whatever the merits of the Brightman decision, some legislators in Olympia are hoping to make Washington law more favorable for armed homeowners (and less favorable to crews like the ones that committed the Craiglist murder in nearby Edgewood). Senate Bill 5418 would give Washingtonians a “Castle Doctrine” law.

There is presently no duty to retreat if you are in your home, place of business or another place where you have a right to be. SB 5418 is important because it would create a presumption that a homeowner is justified in using deadly force to stop a home invasion.

With cuts in law enforcement imminent on every side, the law stands a chance of being enacted. The law in Washington is already fairly clear when it comes to defending your home. Prosecutors in Washington are usually very careful in applying the law of self-defense in such situations.

Even though you are normally on safe ground defending your home with deadly force, things can get very dicey in cases of road rage and carjackings. Unique facts are presented in each case where there is a claim of self-defense, and there are many conflicting and confusing judicial interpretations that might come to bear in any given case.

Tell your lawmakers in Olympia that you demand a law that tells criminals loudly and clearly that Washington state is not a safe place to commit violent crimes.

Senate Bill 5418

The proposed law states:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another person when using deadly force pursuant to RCW 9A.16.050(1)(c) if:

(a) The person against whom the deadly force was used was in the process of unlawfully and forcefully entering or had unlawfully and forcibly entered a dwelling, residence, other place of abode, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from a dwelling, residence, other place of abode, or occupied vehicle; and

b) The person who uses deadly force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Read more on Washington’s Castle Doctrine here.

Second Amendment – The Anti-Gun Agenda Continues Its Assault

Second Amendment – The Anti-Gun Agenda Continues Its Assault

The article provides many examples of the Left’s continual assault on the Second Amendment. The right to keep and bear arms is greatly valued by honest, hardworking, law-abiding citizens. The attack on the Second Amendment is relentless, and from the comments in the article, greatly exaggerated.

. . . While Brady officials insist their motives are pure, a behind the scenes look at that organization raises serious questions. In May 2005, Florida passed a “Stand Your Ground” law that authorized persons attacked in their own home or automobile to use lethal force in self-defense without a duty to retreat; Brady Campaign workers were dispatched to Florida airports where they passed out fliers warning tourists that, under what they called the “Shoot First” law, tourists could be shot for simply being rude to a Florida resident.

Last year the Brady Campaign gave its “Visionary Award” to AP White House reporter Helen Thomas. Little more than a week later Thomas went on a video taped, anti-semitic rant that resulted in condemnation from the Obama Administration as well as her resignation from AP. The Brady Campaign has remained silent on the entire issue, refusing to condemn Thomas or her hate filled rant.

As the ‘12 Presidential Campaign looms, President Obama himself has been remarkedly silent on the issue of gun rights. He must know that waging an open war against the NRA and America’s 80,000,000 gun owners during this campaign season will only hurt his prospects for re-election. He’s also well aware of the two recent Supreme Court decisions District of Columbia v. Heller and McDonald v. Chicago, decisions that make it clear that the right to bear arms is a constitutional right.

In Attorney General Eric Holder’s brief filed with the Supreme Court in Heller he argued that “the Second Amendment did not protect an individual right to keep and bear arms,” that it only protected government militias’ rights to guns. He claimed that the Second Amendment posed no obstacle to implementing gun bans. His argument failed, but his anti-gun agenda continues. . . .

Read more here

Gunfight: The Battle over the Right to Bear Arms in America Adam Winkler’s Recent Book

Gunfight: The Battle over the Right to Bear Arms in America Adam Winkler’s Recent Book

I was interested in Winkler’s book, as some are touting it as a history of gun control that has racist roots. It might be good in some areas, but after going to Amazon and reading John Lott’s review (gentle, but straightforward), I decided not to purchase the book. I highly respect John Lott’s opinion (author of More Guns, Less Crime: Understanding Crime and Gun Control Laws, Third Edition (Studies in Law and Economics), and when he states that there are inaccuracies and that certain positions are distorted, I take notice.

I might still read Gunfight in the future, but it is not on my current reading list.

Negative Reviews of Adam Winkler’s GunFight