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Revolutionary War reenactment canceled due to city firearm ordinances (VIDEO)

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H/T Guns.com.

Just when you think the gun control nuts in Commiefornia can’t get any weirder they prove you are wrong about their stupidity.

A historical society in northern California was told that a planned mock battle with historical significance could not be staged unless the re-enactors used sticks rather than muskets.

CBS13 reported the Elk Grove Historical Society planned a two-day event in April, near the anniversary of the battles of Lexington and Concord, and hoped to draw 3,000 visitors.

“We would have encampments and all kinds of entertainment for the kids to see,” said Jim Entrican, who participates with the group.

But the city and parks district refused to grant the non-profit a permit, explaining local ordinances were in place against discharging any firearm.

“They actually asked us if we can use wooden sticks, and can you see 12 men in full regalia and another 12 charging with wooden sticks saying ‘Bang bang!’ It just doesn’t have the same effect,” Entrican said.

Entrican said the group is working with the city to try and stage a future event, but for now, this year’s is off the table.

 

 

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Federal appeals court upholds interstate handgun purchase bans

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H/T Guns.com.

I hope this case makes it to the Supreme Court and this antiquated law get struck down.

This law was passed due to the hysteria about Lee Harvey Oswald buying the rifle he used in the assassination of President Kennedy mail order.

A three-judge panel of the U.S. 5th Circuit last week ruled the federal law prohibiting handgun sales to out-of-state residents is in the public interest.

The legal challenge came from a couple from Washington, D.C. who tried to buy handguns from a federally licensed firearms dealer in Texas but could not due to federal law adopted in the 1960s.

Together with a Texas FFL holder, the couple joined with gun rights advocates in taking the government on, arguing that since the advent of the National Instant Check System it makes no sense to perpetuate a ban on interstate transfers of handguns. The court disagreed with that concept, holding that handguns often have additional regulatory pitfalls in many states, and that gun dealers can’t be expected to be familiar with those in distant areas.

“There are more than 123,000 FFLs nationwide,” wrote Circuit Judge Priscilla Owen for the majority. “It is unrealistic to expect that each of them can become and remain knowledgeable about the handgun laws of the 50 states and the District of Columbia, and the local laws within the 50 states.”

The plaintiffs in the suit included Frederic Mance Jr., a Texas FFL, and gun buyers Andrew and Tracey Hanson, of Washington, D.C. Mance wants to sell handguns to out of state consumers, such as the Hansons, but is precluded by federal law although the laws of Texas do not prohibit the transaction.

On June 21, 2014, the Hansons visited Mance’s gun shop in Texas but could not by law take possession of a handgun there. Mance could have shipped handguns bought by the couple in Texas to the District’s only FFL that handles interstate transfers, but according to the complaint, the dealer charges $125 per transfer in addition to shipping costs and other fees. This, concluded a lower court in 2015, was a burden on the Hanson’s Second Amendment rights as well as due process under the Fifth Amendment. That court ruling was reversed by the panel this week.

Backed by the Citizens Committee for the Right to Keep and Bear Arms, the organization may ask the court for an en banc review of the latest decision and continue fighting it to the Supreme Court.

Reminder to Taurus pistol owners to file claim

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H/T Guns.com.

Please help me spread the word about the need for owners of the Taurus pistols on recall to get their claim filed.

The class action agreement over defective handguns by gun maker Taurus issued a reminder that the deadline to file a claim is approaching.

If owners want to trade in the infamous Taurus pistol for cash or have their gun repaired, they must file a claim by Feb. 6, according to last week’s announcement.

In exchange for the defective handgun, participants will receive up to $200 in cash. The other option is for an “enhanced warranty benefit” in which Taurus will inspect and repair the pistol for no cost and then continue to provide a lifetime warranty.

The company will cover shipping and handling costs, but asks class members to review state and federal regulations before shipping the materials. Detailed instructions are found on the settlement website.

The settlement website also clarifies that the time has passed for those wanting to exclude themselves from participating in the settlement, which would have opened up the possibility to file suit over the claims alleged in the case.

The lead plaintiff in the case, a sheriff’s deputy from Iowa, was injured when his Taurus pistol discharged when the handgun hit the ground after it fell out of its holster as he pursued a fleeing suspect. He never touched the trigger.

In 2016, a federal court approved the settlement agreement, which could cost the company up to $239 million. A range of Taurus pistols contain an alleged defect that allows the gun to discharge if dropped.

Taurus pistols subject to the defects include the Millennium, Millennium Pro, Millennium Pro Compact, Millennium Pro Sub-Compact, 24/7, and others.

A federal court will hold an status conference on Jan. 17 for attorneys representing both the class and the company.

Court finds short mental health treatment doesn’t end gun rights

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H/T Guns.com.

The court got this ruling right and this could be a big help to veterans and other people with PTSD.

A federal court last week held that an involuntary emergency treatment of a Pennsylvania man for less than 24 hours did not trigger a lifetime ban on firearms.

Deciding in the case of Alton Franklin, the U.S. District Court held that his brief history of mental illness reported by the state did not square against federal gun prohibitions on those who have been committed to a mental institution.

According to court documents, in 2002 Franklin appeared at his local police station “needing to talk to someone” in the aftermath of a recent break-up with 20 lacerations on his arms he said he picked up as part of a drinking game with a friend. The officer he spoke to felt that Franklin posed a danger to himself or others and a county official completed a warrant that the man be involuntarily admitted to a mental health facility for up to 120 hours. However, Franklin only remained hospitalized for less than 24 hours before he was released.

Since then, he has not been the subject of a mental health order and went on to complete a bachelor’s degree, earn a paralegal certification and work as a corrections officer for the state of Kentucky. Nonetheless, in 2013 he was advised that he was a prohibited firearms possessor with an active file in the FBI’s National Instant Criminal Background Check System, stripping him of his gun rights, due to the time he spent in the hospital more than a decade previously.

Challenging the Pennsylvania record in a county court in 2015, a judge found in his favor, noting that he “no longer suffers from the mental health condition that was the basis of the original civil commitment,” and ordered his firearms rights under state law restored. Nonetheless, the ATF maintained Franklin was still prohibited from possessing firearms under the federal statute even while the state said he wasn’t. To this, the federal court took exception last week, saying he was never “adjudicated as a mental defective” or “committed to a mental institution” as it applied to federal law.

“The decision to submit Mr. Franklin to a 120-hour involuntary mental health examination was made by a police officer, an unspecified officer in the county administrator’s office, and a physician– not a court, board, or commission,” said U.S. District Judge Kim R. Gibson in his decision, enjoining the government from using the 2002 involuntary emergency treatment against him.

Attorney Joshua Prince, who represented Frankin, called the case a “monumental decision.”

In speaking with The Legal Intelligencer, Prince said the ruling speaks to the constitutionality of stripping a person of their gun rights without due process, and “now sets the foundation for challenging Pennsylvania’s state prohibition on those very grounds.”

Washington state attorney general plans for ‘assault weapon’ ban

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H/T Guns.com.

The loonies on they left coast trying to rob the people there of their Second Amendment rights.

Ferguson, seen here at a September press conference, wants to raise age limits to buy guns as well as establish controls on certain semi-automatics and their magazines. (Photo: Washington Attorney General’s office)

Washington Attorney General Bob Ferguson told local media he is up for a renewed push for a prohibition on “assault weapons and high-capacity magazines.”

Ferguson, who unsuccessfully backed a similar move in 2016, told The Daily World last week that he would like to see the ban legislation succeed. “We are bringing back legislation that will outlaw the sale of assault rifles and high capacity magazines,” he said. “This would limit magazine size to 10 rounds maximum.”

Citing a “duty to protect the public” last year, Ferguson requested legislation that largely mirrored California’s long-standing assault weapon ban enacted in 1989 and enhanced several times over the years. The resulting bills, SB 5050 and HB 3087, never made it out of committee.

To reinforce his point, Ferguson issued a 26-page white paper last October urging changes that Washington policymakers could consider to change firearms access in the state. Among the increased regulations advocated were several steps that approximated the state’s Extreme Risk Protective Orders, which were adopted by a voter referendum in the general election.

Besides the reach for an assault weapon ban and magazine cap, Ferguson said last week he would like to see movement on a bump stock ban — which Gov. Jay Inslee supports — as well as to raise the minimum age for gun purchases in the state to 21.

“In this state if you want to buy an assault rifle you can walk into a (sporting goods store) and if you’re 18 you can walk right out with one,” Ferguson said. “If you want to buy a handgun, you have to be 21 and go through a waiting period before you take it home. It makes no sense.”

Washington man pleads guilty to manslaughter from stray bullet

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H/T Guns.com.

It is people like  Tobin Panton  that make responsible gun owners look bad.    

Tobin Panton entered a guilty plea to a manslaughter charge this week after he fatally shot a sleeping neighbor while firing at a fleeing car thief. (Photo: Q13 FOX News)

Tobin Panton entered a guilty plea to a manslaughter charge this week after he fatally shot a sleeping neighbor while firing at a fleeing car thief. (Photo: Q13 FOX News)

   

A man who fired his Glock at a car thief leaving his driveway with his vehicle pled guilty this week to the death of a neighbor struck by one of his bullets.

Tobin Panton, 40, of Bonney Lake in the Tacoma area entered a guilty plea on Monday to one count of manslaughter in the first degree for the death of Linda Green, 61. The incident, which occurred last November, happened just after Tobin was getting out of the shower and saw his Jeep leaving his driveway. Retrieving his Glock, Tobin fired at the departing vehicle from his porch until he ran out of ammunition. Pierce County deputies were called a brief time later to a home two blocks away from the man’s residence, where Green was found shot in the head.

Detectives discovered a bullet hole in the window of Green’s home that faced Tobin’s porch and numerous “strike marks” on the front of her residence as well as her next-door neighbor’s home.

“If you use deadly force it has to be reasonable under the circumstances,” said Pierce County Prosecutor Mark Lindquist, who sought charges against Tobin. “Generally speaking, in Washington you cannot use deadly force to stop a non-violent crime.”

As noted by Komo News, Tobin’s Jeep was later found abandoned a mile away from the scene, and the thief has not been found.

Charged last year, Tobin initially entered a plea of not guilty and was given $200,000 bail due to his lack of prior criminal convictions and strong ties to the community.

He is set for sentencing in Pierce County Superior Court in September. A class A felony, under Washington law Tobin could face life in prison.

Former Tucson cop gets 6.5 years for trafficking guns to Mexico

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H/T Guns.com.

YGTBSM 6.5 years for gun trafficking he should have gotten a whole lot longer prison term.

Former Tucson cop gets 6.5 years for trafficking guns to Mexico.

Joe Santiago Valles served the Tucson Police Department from 2012 through 2014 when he resigned, according to reports. (Photo: Tucson Police/AP)

A federal judge sentenced a former Tucson police officer to 78 months in prison for a host of charges connected to illegally selling firearms, the Justice Department announced over the weekend.

Joe Santiago Valles, 34, the former Tucson officer, pleaded guilty to conspiracy to defraud the U.S., aiding and abetting false statements in firearms transactions, tampering, tampering with a witness and identity theft.

Valles was a business partner with Federal Firearms Licensee Timothy Veninga, doing business as Ballistic Firearms, in Tucson, the Justice Department said. Together, they submitted ATF forms to transfer guns using phony names to conceal the identities of the actual buyers. From October 2015 to April 2016, they transferred 35 firearms, including 24 semi-auto pistols and rifles.

One of the firearms was intercepted by U.S. Customs and Border Patrol on its way into Mexico, and Mexican authorities recovered a second firearm, a .50-caliber rifle, the Justice Department said.

Prosecutors say soldiers with the Mexican military in September 2016 stopped five men in Sinoaloa, Mexico, as they disembarked an airplane carrying long guns. Altogether, authorities seized eight firearms and a stash of Mexican pesos valued at $38,000 USD. One of the weapons was a Barrett .50-caliber rifle Model 82 with an obliterated serial number.

Mexican authorities contacted an ATF attaché to examine the firearm. Agents recovered the serial number and traced it back to Ballistic Firearms. When investigators interviewed Veninga, they noticed a number of .50-caliber rifles and that the one recovered in Mexico was sold to Eduardo Romero, one of the names used to falsify transaction records.

According to court documents, Valles and Veninga would use identities of individuals without their knowing to complete and sign ATF background check forms. As an FFL, Veninga maintained records of the transactions. However, he also destroyed them.

The two men went so far to conceal illegal activity as to stage a robbery. According to court documents, Veninga reported to local authorities that a masked robber bound him and threatened him at gunpoint for his FFL records. However, the incident did not occur.

According to a search of federal court records, Veninga appeared at a status conference in a Tucson federal court on Tuesday.

 

No charges for disabled veteran who shot intruder

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H/T Guns.com.

It is a sad state of affairs when you are defending yourself against some punk and you have to worry about some overzealous prosecutor charging you with a crime of some sort.

Harvey Lembo believes that because he is disabled and uses a motorized wheelchair to get around, criminals thought he was an easy target. (Photo: Bangor Daily News)

A 69-year-old disabled veteran who shot an intruder in his Rockland, Maine, apartment in 2015 will not face any charges for his actions, the Knox County district attorney determined this week.

“Had this case gone to trial, the evidence would have raised issues related to self-defense and defense of premises,” said District Attorney Jonathan Liberman, the Bangor Daily Newsreported. “The standard of proof in criminal cases is proof beyond a reasonable doubt, and I do not believe that we can meet that burden in this case.”

Attorney David Weyrens said Harvey Lembo, whom he represented, never felt he did anything wrong and was “grateful” for Liberman’s decision.

Lembo made headlines nearly two years ago when he shot Christopher Wildhaber, 47, just hours after purchasing a 7mm Russian-made handgun. Lembo made the purchase after his home had been broken into numerous times.

The Aug. 31, 2015, shooting occurred after Lembo was awakened around midnight by the sound of Wildhaber in his home then saw his shadow move in the darkness. Lembo grabbed his recently-purchased means of protection from under his pillow and confronted Wildhaber, who he found rummaging through his prescription pain medications, which had been stolen in the past.

“I told him to sit down while I called police or I would blow his brains out,” Lembo recalled.

Wildhaber did as instructed and sat on a coffee table as Lembo called the police. However, while Lembo was on the phone with the 911 dispatcher, Wildhaber decided to jump up. Lembo promptly proved he wasn’t bluffing and fired a single shot at Wildhaber, who left a trail of blood as he ran out of the apartment through a back door.

Authorities located Wildhaber in a nearby wooded area a short time later and, after a brief struggle, apprehended him. Wildhaber, who claimed he was simply in the wrong apartment but too intoxicated to notice, was sentenced to 10 years in prison.

But shortly after the break-in and subsequent shooting, Lembo was contacted by the property management company and told he was in violation of the house rules. He was given two options: Give up his gun or get out.

Lembo, however, fought back and filed a lawsuit against the property owner and the management company, citing a violation of his constitutional rights.

Initially, Lembo’s case was shot down, but the decision was appealed. Soon thereafter, the state passed legislation that would not allow rental property owners who receive government subsidies to ban tenants from possessing firearms, with the exception of owner-occupied properties with less than five units. Once the legislation was passed, the appeal filed on Lembo’s behalf was dropped.

Lembo remains in the apartment he’s called home for several years.

 

17-year-old fatally shot over Nike Air Jordans

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H/T Guns.com.

This feral ghetto ape has zero respect for life he needs to be executed.

He killed another person over a damned pair of shoes.

Dante Ford, 19, is accused of killing a 17-year-old boy and stealing his Nike Air Jordans. (Photo: Wayne County Prosecutor’s Office)

 

A 19-year-old man was arraigned Friday on murder and other charges related to the fatal shooting of a 17-year-old boy during a Detroit robbery.

Dante Ford, 19, is facing charges for murder, assault with intent to murder, armed robbery, and gun charges. He’s accused of killing Corey Harris-Thomas, 17, who was trying to sell a pair of Nike Air Jordans.

Authorities say Harris-Thomas and a friend met with Ford Tuesday for what Harris-Thomas thought was going to be the sale of his sneakers. Instead, Ford shot Harris-Thomas and his friend as they sat in an SUV, then took off with the shoes.

Harris-Thomas was pronounced dead at the scene, while his friend’s current condition is not known.

Ford fled from the scene before police arrived, but was captured and arrested the following day.

Family of fatally-shot teen says he didn’t try to rob off-duty Border Patrol agent

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H/T Guns.com.

I bet Darius Smith and his two thug buddies were on their way to choir practice after working at a homeless shelters soup kitchen.

Quite the opposite is true these three thugs intended to rob then murder the off duty border patrol agent.

Darius Smith (Photo courtesy of family)

Two teen boys were shot, one fatally, in Arcadia, California, last week after they, along with a third teen suspect, tried to rob an off-duty Border Patrol agent who was carrying his service weapon.

According to a report from the Los Angeles Sheriff’s Department, the incident occurred on May 26, around 8:15 p.m. as the officer was walking down a sidewalk.

The Border Patrol agent, whose name has not been released, was approached from behind and allegedly struck in the head numerous times by the boys, while one aimed a gun at him and demanded valuables. The officer told investigators that he believed the suspects were going to rob, then shoot him, so he retrieved his agency-issued handgun, which he had been carrying concealed, and fired at the suspects. Two of the suspects were struck multiple times.

The two teen suspects who were shot were transported to the hospital, while a third suspect fled the scene as soon as gunfire erupted. He was later located at a nearby residence and arrested on suspicion of robbery.

The suspect who was armed with the gun succumbed to his injuries and was pronounced dead at 5:34 a.m. Saturday. Police did not release his name, due to his age, but the teen’s family identified him as 15-year-old Darius Smith.

The second injured suspect, who is 14 years old, suffered multiple gunshot wounds, but his injuries were not considered to be life-threatening. The third suspect, who was uninjured, is also 14 years old.

The robbery victim suffered bruising from repeated blows to his head and face, but did not require medical attention.

The handgun used by the suspects was recovered at the scene, although Smith’s mother, Reshawna Myricks, questioned the officer’s account of what transpired.

“I know my child, that’s not my child,” she said.

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